AFSCME and MSEA and MSTA and Retail Clerks Int'l. Assn. and OSER and MTA and United Marine Div. and MSNA, UD Report, No. 75-UD-04. Board Decision on appeal No. 77-A-02, aff'd CV-77-135. [STATE OF MAINE MAINE LABOR RELATIONS BOARD] [Case Nos. 75-UD-04, 05, 06, 07, 09, 10, 11, 12, 13, 14, 16, 17, 27, 35, 36, 37, 38, 39, 40; 76-UD-02, 06, 13 [Issued Sept. 22, 1976] __________________________________________ ) COUNCIL NO. 74, AMERICAN FEDERATION OF ) STATE, COUNTY AND MUNICIPAL EMPLOYEES ) ) Petitioner ) ) and ) ) MAINE STATE EMPLOYEES ASSOCIATION ) ) Petitioner ) & Intervenor ) ) MAINE STATE TROOPERS ASSOCIATION ) ) Intervenor ) ) and ) ) LOCAL 1435, RETAIL CLERKS INTERNATIONAL ) ASSOCIATION ) UNIT DETERMINATION REPORT ) Petitioner ) ) and ) ) OFFICE OF STATE EMPLOYEE RELATIONS of ) the State of Maine ) ) Petitioner ) ) MAINE TEACHERS ASSOCIATION ) ) Petitioner ) and ) ) LOCAL 333, UNITED MARINE DIVISION ) ) Petitioner ) ) and ) ) MAINE STATE NURSES ASSOCIATION ) ) Petitioner ) & Intervenor ) _________________________________________) As the result of receiving four Petitions for Appropriate Unit Determination from Council No. 74, American Federation of State, County and Municipal Employees on June 28, 1974; six Petitions for Appropriate Unit Determination from the Maine State Employees Association filed January 9, 1974; two Petitions dated July 24, 1974, from the Maine State Employees Association and four Motions to Intervene of that Association filed July 9, 1974; a Motion to Intervene filed July 19, 1974, from the Maine State Troopers Asso- ciation; a Petition for Appropriate Unit Determination from Local 1435 of the Retail Clerks International Association filed on May 5, 1975; six Petitions for Appropriate Unit Determination from the Office of State Employee Relations of the State of Maine filed June 20, 1975; a Petition for Appropriate Unit Determination from Maine Teachers Association filed on September 3, 1975; a Petition for Appropriate Unit Determination [-1-] ____________________________________________________________________________________ from Local 333, United Marine Division filed on January 21, 1976; and a Petition for Appropriate Unit Determination and a Motion to Intervene from the Maine State Nurses Association filed on February 27, 1976, a series of Unit Determination Hearings has been conducted as contemplated under the provisions of Section 979-E of the State Employees Labor Relations Act. The first hearing conducted thereunder was held on August 4, 1975, pursuant to notice thereof given on July 11, 1975, to all parties of record on that date. This first hearing was of a procedural nature and resulted in a Procedural Report being issued by the undersigned Hearings Examiner on September 30, 1975, the contents of which are hereby incorporated herein by reference. Subsequent to the hearing of August 4, 1975, and the report thereon on September 30, 1975, a series of Unit Determination Hearings was held relating to the substantive alle- gations in the foregoing Petitions for Appropriate Unit Determination and Motions to Intervene therein. These aforesaid hearings were conducted on the following dates: December 11, 1975; December 18, 1975; February 12, 1976; February 19, 1976; February 25, 1976; March 4, 1976; March 11, 1976; March 25, 1976; April 1, 1976; April 15, 1976; April 22, 1976; May 12, 1976, May 14, 1976; June 9, 1976; June 28, 1976; and concluded on July 1, 1976. During the foregoing hearings, the various interest groups appearing as peti- tioners and intervenors were represented as follows: For Council No. 74, American Federation of State, County and Municipal Employees: Charles Sherburne Executive Director, Council No. 74 Wendy L. Kahn Attorney, National Staff Stephen P. Sunenblick, Esquire Attorney David Chisholm Staff Don P. Wrenn International Representative William Donahue Staff Jane Weed Staff John Ezhaya Staff Raymond Lambert Highway Maintenance Worker, IV, Witness Sharon Bragdon Custodial Worker I, Witness Steven Williams Psych Aid I, Witness Wendall Strong Carpenter, Witness Virginia Clukey Psych Aid I, Witness Richard Roy LPN, Witness Vincent Nadeau Painter, Witness Arlene Bowden LPN, Witness Mary Lane Ward Clerk, Witness Clinton Cunningham Mental Health Worker IV, Witness Ormand Fish, Sr. Bangor Mental Health, Witness Daniel Goodrich Mental Health Worker II, Witness Ervin Huntington Bangor Mental Health, Witness For Maine State Employees Association: John J. Finn, Esquire Attorney for MSEA Arthur Valpey Director of Research, MSEA Nancy Spieczny Attorney, MSEA Roger Parlin Employee Representative, MSEA John Oliver Assistant Executive Director, MSEA -2- ____________________________________________________________________________________ Walter Breen Employee Representative, MSEA James T. Farr District Supervisor Probation and Parole Witness Mable Christie Bureau of Purchases, Witness Donald J. Tardiff Bueau of Alcoholic Beverages, Witness Timothy Gerry Mens Correctional Center, Witness Herbert Stitson Mens Correctional Center, Witness For the Maine State Troopers Association: William B. Troubh, Esquire Attorney Ronald Russell, Esquire Attorney Peter Herring President, MSTA Note: As an intervenor, Maine State Troopers Association made use of witnesses intro- duced by other petitioners. For the Retail Clerks International Association: Warren H. Pyle, Esquire Attorney Gary G. Thompson Business Agent Keith Ingraham Director of Bureau of Alcoholic Beverages Witness For the Office of State Employee Relations: Lanning S. Mosher Director Hugh G. E. MacMahon, Esquire Attorney John J. Sears, Esquire Attorney Gary A. Mather Staff and Witness Todd H. Smith Staff Allen Weeks Chief, Maine State Police, Witness Melvin H. Austerman, Esquire Attorney, Witness John P. O'Sullivan Commissioner of Finance & Administration Witness Allen G. Pease Director of State Planning Office, Witness Otto W. Siebert State Budget Officer, Witness Richard W. Tripp Acting Director of Personnel, Witness William Blodgett Executive Director of the Maine State Retire- ment System, Witness Keith Ingraham Director of Bureau of Alcoholic Beverages Witness Frank Mack, Jr. Personnel Director, Mental Health and Correction, Witness Judy Berry Staff Roland A. Nichols Staff For the Maine Teachers Association: John H. Marvin Executive Director Robert Bourgault Director of Field Services For Local 333, United Marine Workers: (No appearances entered) -3- ____________________________________________________________________________________ For Maine State Nurses Association: Nancy Chandler Director, Economic Security Council Kathleen Whitzell Chairman, Council of Economic and General Welfare Leslie Kay Randall American Nurses Association, Witness Vera M. Gillis Witness Drucella Little Witness Katherine Worthley Witness By motion of the Office of State Employee Relations dated February 12, 1976, it was moved that the date of March 1, 1976, be established as a cutoff date for the filing of any further petitions for unit determinations in the foregoing proceeding. The motion was argued in open hearing on February 12, 1976, and granted by the hearing examiner, with stipulations that certain publication requirements be met. The contents of that motion and the granting thereof are hereby incorporated herein by reference. At the close of the substantive hearings on the Petitions for Appropriate Unit Determination and Motions to Intervene therein, as were closed on July 1, 1976, the hear- ing examiner announced the following timetable: (1) any mutual or unilateral amendments to the petitions for unit determination will be made and filed with the Maine Labor Rela- tions Board on or before the close of business July 16, 1976; (2) the parties will be able to file post-hearing briefs, at their option, until Friday, July 30, 1976, and any post- hearing briefs so filed must be received in the offices of the Maine Labor Relations Board on or prior to July 30, 1976; and (3) the parties may be asked to brief certain issues by the hearing examiner on points which require clarification. If a request for such a brief is forthcoming, the parties will be advised of the filing date in the request itself. This is the first substantive decision rendered under the State Employees Labor Relations Act which specifically incorporates standards found in Section 979-E, Paragraph 2, of that statute. Specifically, it is the first time that the triple standards of (1) insuring the fullest freedom in exercising the rights guaranteed by the State Employees Labor Relations Act, (2) to insure a clear and identifiable community of interest among employees concerned, and (3) to avoid excessive fragmentation among bargaining units in State Government have been applied in such a proceeding. While the first two standards appear under the provisions of Section 966, Paragraph 2, of the Municipal Employees Labor Relations Act, this decision rendered under the State Employees Labor Relations Act re- presents the first occasion that all three standards have been applied simultaneously. In making the following conclusions regarding the seven bargaining units proposed herein, the Executive Director has taken into consideration the three foregoing standards as well as the testimony offered by petitioners and intervenors, the cited experiences from other jurisdictions which have collective bargaining at the State employee level, and the argu- ments set forth in exhibits and post-hearing briefs. Of particular interest is the testimony from Office of State Employee Relations witness Melvin H. Osterman, Jr., Esquire, regarding the experience in New York State, i.e., the fact that that jurisdiction has eight bargaining units for more than 180,000 state employees. Moreover, two of these eight units are concerned with State Police personnel and a third unit is concerned with State Univer- sity "professional" employees. Consequently, the expert testimony offered by Mr. Osterman indicated that the five remaining bargaining units in New York State government service covered more than 140,000 employees. Further expert testimony from George Bennett, Deputy Commissioner for Employee Relations for the Commonwealth of Massachusetts, indicated that -4- ____________________________________________________________________________________ our sister state in New England has been able to rearrange its collective bargaining law (effective in 1974) for employees at the state level without a proliferation of bargain- ing units. It is with these factors in mind that the hearing examiner believes that the seven collective bargaining units set forth in this report are appropriate for effective operation of the collective bargaining process contemplated in the State Employees Labor Relations Act. 1. ADMINISTRATIVE SERVICES Employees in this unit generally perform their duties in an office environment and their work product may generally be described as a service, opposed to the production of product(s). Employees in this unit are commonly referred to as "white collar" workers who work with and near light office equipment during a standardized work week. Their career ladders, promotions and transfers are almost exclusively within this unit and they have unique interests regarding their working conditions, i.e., parking facilities, heat and air conditioning, ventilation, rest periods and facilities therefor, rest rooms, dress codes, inclement weather policy, policies concerning advancement, training and pro- motion, equipment replacement, cafeteria service or its proximity, and vacation schedule. There is also concern for the basic considerations of pay, retirement, and personnel rules. These employees generally work inside and with other employees or members of the public who share interrelated work areas, functions and/or concerns. Employees in this unit are seldom, if ever, subject to emergency call back or standby requirements or shift work. These employees are seldom, if ever, required to supply any of the tools of their profession as these items are generally part of the office environment provided by the employer. Most of these employees have private training and/or experience which qualify them for their jobs and give them relatively high potential for transfers and promotions to other generic groupings or job titles within the bargaining unit. The following job categories are appropriately included in this unit: Account Clerk I Buyer I Account Clerk II Buyer II Actuarial Clerk Civil Defense Agent Administrative Secretary I Civil Preparedness Education Agents Administrative Secretary II Civil Defense Agent (County) Administrative Services Claims Claims Interviewer I Deputy I Claims Interviewer II Administrative Services Claims Claims Interviewer III Deputy II Clerical Aide Assistant Buyer Clerk I Assistant Legislative Auditor Clerk II Assistant Manager Retail Stores Clerk III Assistant Military Property Officer Clerk IV Assistant Motor Vehicle Hearing Clerk Steno I Officer Clerk Steno II Assistant Plans and Training Clerk Steno III Officer (County) Clerk Typist I Alcohol Rehabilitation Counselor I Clerk Typist II Alcohol Rehabilitation Counselor II Clerk Typist III Assistant Secretary Public Utilities Computer Operator Assistant Securities Examiner Computer Operator Aide Bookkeeper Computer Programmer Bookkeeper Machine Operator I Computer Programmer Aide Bookkeeper Machine Operator II Computer Typesetter Bookkeeper Machine Operator Correspondence Specialist Supervisor Data Communications Terminal Operator Bookmobile Operator Data Control Clerk I Budget Examiner I Data Control Clerk II -5- ____________________________________________________________________________________ Data Control Librarian I Military Property Clerk Data Control Librarian II Military Public Clerk Data Control Specialist Museum Aide Data Entry Operator I Museum Technician I Data Entry Operator II Museau Technician II Data Entry Specialist Multi-Lift Operator Data Entry Supervisor Nosologist I Data Entry Systems Manager Nosologist II District Humane Agent Paramutual Assistant Supervisor Driver License Examiner I Park Receptionist Driver License Examiner II Pharmacy Clerk Driver License Examiner Aide Photocopy Machine Operator I Duplicating Equipment Operator Photocopy Machine Operator II Emergency Energy Coordinator I Photographer I Executive Secretary, Board of Barbers Photographer II Exhibit Display Manager Photographic Lab Assistant Exhibit Technician I Photographic Lab Technician Exhibit Technician II Plans and Training Officer CD (CTY) Ferry Service Terminal Agent I Police Communications Operator Ferry Service Terminal Agent II Post Office Clerk I Field Inspector Post Office Clerk II File Clerk Poultry Test Manager Financial Response Evaluator I Radio Operator Financial Response Evaluator II Records Technician I Fingerprint Classification I Records Technician II Fingerprint Classification II Reimbursement Investigator I Fuel Distribution Systems Technician Retail Store Clerk Geology Clerk Sardine Quality Grader I GMIS Coder Sardine Quality Grader II Hearings and Case Record Specialist Secretary Hearings Examiner Social Worker Aide Hearings Reporter Statistical Clerk Hearings Specialist Statistician I Highway Attorney Aide Storekeeper I Homemaker Aide I Storekeeper II Homemaker Aide II Stores Clerk Human Services Aide I Supervisor Ballot Room Human Services Aide II Surplus Property Field Agent Human Services Aide III Switchboard Operator Illustrator I Switchboard Supervisor I Illustrator II Switchboard Supervisor II Indian Development Specialist Assistant Tabulation Equipment Operator I Information Security Guide Tabulation Equipment Operator II Inheritance Tax Supervisor Teletype Information Clerk Labor Statistical Technician Title Investigator Law Clerk Transportation Communications Operator Legislative Research Technician I Unemployment Compensation Aide Legislative Research Technician II Vari-Typist Legislative Research Technician III Vital Statistics Field Agent Library Assistant Liquor Unclassified positions included: Merchandising Assistant Bookkeeper Manpower Aide I Clerical Assistant Manpower Aide II Clerk-Receptionist Manpower Aide III Clerk Stenographer II Mechanical Store Clerk I Clerk Typist II Mechanical Store Clerk II Correspondence Specialist Mechanical Store Assistant Supervisor File Clerk Medical Records Technician GMIS Coder Medical Secretary I Legislative Staff Assistant Medical Secretary II Parole Board Assistant Military Administrative Specialist Secretary Military Operations Specialist I Secretary-Bookkeeper Military Operations Specialist II Switchboard Operator Military Property Auditor So Ordered. -6- ____________________________________________________________________________________ 2. PROFESSIONAL AND TECHNICAL SERVICES Employees in this unit generally possess a post-secondary school education and/or are involved in the performance of professional or technical functions which require specialized training and, in some instances, include a license or registration require- ment. This specialized training is to be distinguished from general academic preparation or participation through an apprenticeship or training program. The work product of employees in this unit may be of an intellectual nature and may vary in content and scope although usually performed during a normal work week. These employees may have to exer- cise discretion in scheduling and performing their tasks and these tasks may be of a nature which may not be standardized (i.e., not scaled on productivity schedules commonly associated with routine, manual or physical tasks). These employees frequently perform interrelated work in which the employee-supervisor relationship is only incidental to the work produced. Job performance for these employees frequently qualifies them for promo- tions to positions of a similar nature with increased responsibilities and increased com- pensation. They may be involved in analysis, design, construction, operation and/or maintenance of special programs and, consequently, consider themselves as "professional" and they may affiliate with professional organizations. These employees are concerned with job fulfillment, professional status, incentive awards, and in-service or educa- tional benefits to a point which may distinguish them from other state employees. Of paramount importance is parity of pay and professional affiliations with counterparts in the private sector. These employees are primarily of the "white collar" variety and fre- quently associate with other "white collar" workers in the performance of their duties. The following job categories are appropriate for inclusion in this bargaining unit: Accountant I Bank Examiner I Accountant II Bank Examiner II Accountant III Bank Examiner III Accounting Systems Analyst Biologist I Actuarial Accountant Biologist II Administrative Reserve Development Biologist III Adult Education Specialist Biologist IV Aeronautics Inspector Biology Aide Aircraft Pilot Bio Chemist Alcoholism Regional Planning Coordinator Business Law Specialist Alcoholism Program Specialist Catographer Analyst Programmer I Chaplain I Analyst Programmer II Chaplain II Analyst Programmer III Chemist I Animal Industry Specialist I Chemist II Animal Industry Specialist II Chemist III Animal Medical Technician Chief Counsel Land Damage Board Apprenticeship Specialist Chief Inspector of Aeronautics Architect Chief Protective Services Civil Defense Architectual Aide Chief Radiological Defense Services Architectual Historian Chief Buyer Archivist I Child Welfare Consultant Archivist II Civil Defense Communications Technician Archivist III Civil Defense Public Affairs Officer Art Humanities Assistant Civil Defense Instructor Assistant Bank Examiner Civil Engineer I Assistant Engineer Civil Engineer II Assistant Government Auditor Civil Engineer III Assistant Military Training Officer Civil Engineer IV Assistant Pharmacist Civil Defense Shelter Officer Assistant State Geologist Classification and Rehabilitation Assistant State Horticulturist Officer Assistant Classification and Rehabili- Commercial Marine Fisheries Extension tation Officer Agent Assistant Attorney Commercial Recreational Specialist Attorney Examiner Comprehensive Health Planner I -7- ____________________________________________________________________________________ Comprehensive Health Planner II Forester I Computer Programer Forester II Computer Programer III Forester III Consultant Mechanical Engineer Forester IV Consultant Motor Vehicle Safety Geologist I Consultant Small Business Enterprises Geologist II Coordinator Program and Management Geologist III Correctional Plans Coordinator Geology Aide Dental Hygienist I Governmental Auditor I Dental Hygienist II Governmental Auditor II Dentist Guarantee Program Analyst I Development Representative I Guarantee Program Analyst II Development Representative II Health Services Consultant Dietary Consultant Highway Attorney Director Consumer Information Education Highway Attorney Assistant Director Division of Curriculum Highway Safety Coordinator Resources Highway Training Officer Director Division of School Facilities Historian Director Division of Trade Marketing Historic Preservationist Director of Economics and Research Hospital Services Consultant Analyst Hospital Technician Director Medical Program Review Housing Services Specialist Director Nutrition Services (MH&C) Human Services Technician I Director of Services for the Deaf Human Services Technician II Disability Claims Examiner Human Services Worker I Disability Claims Adjudicator Human Services Worker II Drug Abuse Program Specialist Human Services Worker III Drug and Alcohol Records Analyst Humanities Research Assistant Drug Program Coordinator Hydrogiologist Educational Specialist I Illustrator III Educational Specialist II Industrian Hygienist Educational Specialist III Information Officer Civil Defense Education Training Officer Informational Representative Electrical Inspector Informational Writer Electrician I Insurance Claims Examiner Electrician II Insurance Company Examiner Electrician Foreman Insurance Contract Examiner Electrician-Lineman Insurance Rate Analyst Electroencephalograph Technician Insurance Risk Analyst Emergency Energy Coordinator II Laboratory Technician I Emergency Medical Care Instructor Laboratory Technician II Employment Counselor I Laboratory Technician III Employment Counselor II Landscape Architect Aide Employment Counselor III Landscape Architect I Emergency Medical Care Training Landscape Architect II Coordinator Landscape Architect III Engineering Technician I Legislative Auditor I Engineering Technician II Legislative Auditor II Engineering Technician III Legislative Auditor III Engineering Technician IV Librarian I Engineering Technician V Librarian II Entomologist I Librarian III Entomologist II Librarian IV (except Legislative Law Entomologist III Library personnel) Environmental Licensing Officer Librarian V Environmental Technician Licensed Practical Nurse Environmental Resources Planner Liquor Merchandising Agent Environmental Specialist Lottery Marketing Agent Executive Secretary, Maine Insurance Manpower Specialist I Advisory Board Manpower Specialist II Executive Aircraft Pilot Manpower Specialist III Executive Aircraft Co-Pilot Manual Training Teacher Ferry Service Engineer Marine Fisheries Advisor Ferry Service Assistant Port Engineer Marine Resources Scientist I Ferry Service Port Engineer Marine Resources Scientist II Field Advisor and Examiner I Marine Resources Specialist Field Advisor and Examiner II Marine Resources Specialist III Fire Services Instructor Marine Resources Technician Fish and Game Technician Marketing Agent Food Technologist Marketing Specialist I Forest Resources Planner Marketing Specialist II -8- ____________________________________________________________________________________ Marketing Specialist III Mechanical Engineer Psychiatric Nursing Instructor I Medical Photographer Psychiatric Nursing Instructor II Medical Records Librarian Psychiatric Social Worker I Medical Social Worker Consultant I Psychiatric Social Worker II Medical Social Worker Consultant II Psychiatric Social Worker Assistant Medicare Consultant Psychiatric Social Worker Supervisor Mental Health Worker IV Psychologist I Mental Retardation Regional Coordinator Psychologist II Metrologist Psychologist III Microbiologist Aide Psychologist IV Microbiologist Supervisor Psychology Assistant Military Training Officer Psychology Fellow MIlitary Training Officer (MLECJA) Psychology Intern Military Assistant Training Officer Public Health Dentist (MLECJA) Public Health Educator I Management Analyst I Public Health Educator II Management Analyst II Public Health Educator III Aanagement Research Analyst I Public Health Nurse Management Research Analyst II Public Health Nurse I Management Research Analyst III Public Health Nurse II Manpower Training Coordinator Public Health Nursing Consultant Mobility Instructor for the Blind Public Health Physician I Motion Picture Specialist Public Health Physician II Motor Vehicle Hearings Officer Publicity Representative I Museum Specialist I Publicity Representative II Museum Specialist II Radio Technician Museum Specialist III Radiological Maintenance Officer (CD) Nurse I Ranger Pilot I Nurse II Ranger Pilot II Nurse III Rate & Tariff Examiner I Nurse IV Rate & Tariff Examiner II Nursing Education Consultant Real Estate Examiner Nutrition Consultant Records Management Analyst I Nutritionist Records Management Analyst II Nutritionist Assistant Records Management Analyst III Obstetrician Recreation Therapist Occupational Alcoholism Specialist Refrigeration & Air Condition Specialist Occupational Safety Engineer Registered Nurse Occupational Therapist I Rehabilitation Assistant (formerly Occupational Therapist II Assistant Director, Vocational Oceanographer Rehabilitation) Organization & Methods Examiner I Rehabilitation Consultant Organization & Methods Examiner II Rehabilitation Counselor I Park Planner Rehabilitation Counselor II Pathologist Rehabilitation Counselor III Personal & Consumer Finance Examiner I Remotivation Instructor Personal & Consumer Finance Examiner II Research Associate I Pharmacist Research Associate II Pharmacy Inspector Right of Way Agent I Physical Therapist I Right of Way Agent II Physical Therapist II Right of Way Appraiser I Physician Assistant Right of Way Appraiser II Physician I (PSY) Sanitary Engineer I Physician II (PSY) Sanitary Engineer II Physician III (PSY) Sanitary Engineer III Physician IV (PSY) Sanitary Engineer IV Planning Associate I Securities Examiner Planning Associate II Senior Computer Operator Plans and Training Coordinator Senior Computer Programmer Plant Pathologist Snowmobile Coordinator Port Solicitor Social Research Scientist Priest Soil Research Scientist Project Coordinator Services for the Soil Scientist Aging Speech Consultant Property Assessor Advisor Speech Therapist Property Assessor Analyst Staff Development Specialist Property Accountant I State Entomologist Property Accountant II State Geologist Property Assessment Advisor I State Horticulturist Property Assessment Advisor II State Racing Steward Property Assessment Advisor III Statistician II -9- ____________________________________________________________________________________ Statistician III Director Recreation Superintendent Womens Correctional Drafts Person Center Driver Education Instructor & Trans- Systems Software Specialist I portation Coordinator (Manpower) Systems Software Specialist II Field Representative Teacher Certification Officer Field Monitor (CETA) Teacher Placement Officer Fire Services Training Instructor Therapeutic Specialist Fiscal Officer Trades & Marketing Analyst Grant Auditor Traffic Manager Waterways Grant Coordinator Training Center Caseworker Grant and Financial Manager (Law Enf. Training Services Specialist P&A) Treasury Fiscal Agent Head Start Coordinator Trial Attorney Health Services Coordinator Uniform Crime Reporting Advisor Hydrogeologist Utility Accountant I Illustrator Utility Accountant II Indian Coordinator Utility Accountant III Information Director Utility Engineer I Island Coordinator Utility Engineer II Inspector State Apprenticeship Council Utility Hearings Examiner Institutional Teachers (MH&C) Utility Rate Examiner Instructor (Manpower) Veterans Claims Specialist Interpreter Veterans Counselor I Juvenile Delinquent Coordinator Veterans Counselor II Juvenile Delinquent Coordinator (Law Veterinarian I Enf. P&A) Veterinarian II Librarian Veterinarian Supervisor Manual Training Teacher (MH&C) Visually Handicap Child Counselor I Nurses Aide Instructor (Manpower) Visually Handicap Child Counselor II Nursing Instructor Work Experience Training Specialist I Nutrition Instructor Work Experience Training Specialist II Planning Analyst X-Ray Consultant Planning Assistant X-Ray Technician I Planning Supervisor (Law Enf. P&A) X-Ray Technician II Program Analyst Programming Assistant Unclassified positions included: Programmer Accountant Programmer Coordinator Administrative Assistant (HRC) Public Information Coordinator Alcoholism Counselor Public Information Coordinator (Law Assistant Attorney General (Manpower) Enf. P&A) Assistant Dean of Students Publicity Representative Assistant Learning Lab Coordinator Regular Grant Coordinator (Law Enf. Assistant Work Sampling Instructor P&A) (Manpower) Regulation of Snowmobile Safety Associate Planner Coordinator Auditor Research Associate (excluding LSER) Auditor (Law Enf. P&A) Researcher Barbering Instructor Resource Analyst Census Surveyor Resource Planner CETA Monitor Sanitary Engineer Clearing House Coordinator Senior Grant Administrator (Law Enf. Co-Director ARP (I. Aff.) P&A) Communications Coordinator Senior Grant Coordinator Community Development Specialist Senior Grant Planner Community Organizer Ship Captain Community Worker Special Education Teacher (MH&C) Contract Compliance Director SRO Orientation Instructor (Manpower) Correctional Community Relations Statistician Analyst Specialist (Law Enf. P&A) Statistician Analyst (Law Enf. P&A) Corrections Coordinator (Law Enf. P&A) Survey Planner (I. Aff.) Counselor Teacher Court Coordinator (Law Enf. P&A) Teacher of the Deaf Court Specialist Teacher with Degree & Certification Data Collector (MH&C) Deputy Director Division of Community Teacher Principal Large SCUT Services Teacher Principal Small SCUT Deputy Director (Law Enf. P&A) Teacher SCUT Director Bureau of Research and Training Advisor (MH&C) Development Tribal Development Manager (I. Aff.) Director Data Analysis (Law Enf. P&A) Veterans Affairs Coordinator Director of Operations (Law Enf. P&A) Vocational Teacher (MH&C) -10- ____________________________________________________________________________________ Vocational Trades Instructor Voluntary Services Specialist Vocational Trades Instructor (MH&C) Work Procurement Specialist Voluntary Services Coordinator So Ordered 3. INSTITUTIONAL SERVICES Employees in this unit render services and care to patients, inmates, residents and "clients" who are confined on a 24-hour, 7-day-a-week basis at the State's institutions. These employees may require special orientation to the kinds of persons they treat, scrutinize, counsel, educate or guard and their work may require shift work, variable work, or overtime, (i.e., there may be no standardized work week). The upper limit of formal education generally required of employees in this unit is graduation from high school and career development is usually satisfied and enhanced through internal promo- tions, career ladders and in-service training programs. There is limited opportunity for promotions or lateral transfers outside the bargaining unit. These employees have substantial concern about their working environment, the conduct of persons they serve and the security of their particular institutional setting. Accordingly, they have a special interest in shift differential, the former so-called "combat pay," holiday pay, call back policy and pay, meal allowances, social training required and/or desirable to improve their relationship and working ability with the client/patients/inmates whom they serve, shift assignments, seniority, job posting and special career ladders. The following job categories are appropriately included in this unit: Assistant Prison Steward Laundry Washman Assistant Wood Shop Manager Laundry Worker I Assistant Manager Prison Retail Store Laundry Worker II Baker I Meat Cutter Baker II Mental Health Worker I Barber Mental Health Worker II Beautician Mental Health Worker III Butcher Metal Shop Foreman Clothing Shop Foreman Nursing Assistant I Clothing Shop Manager Nursing Assistant II Cobbler Nutritionist Aide Cook I Occupational Therapy Aide I Cook II Occupational Therapy Aide II Cook III Prison Steward Corrections Infirmary Attendant Prison Retail Store Manager Corrections Officer I Psychiatric Aide I Custodian* Psychiatric Aide II Dental Assistant Institutional Clothing Supervisor Dental Hygienist Assistant Recreation Aide Dining Room Supervisor Sanding Room Manager Food Service Worker Seamstress I Furniture Shop Manager Seamstress II General Farmer III Supervision Recreation Guard Therapist Assistant Guard Sergeant Therapy Aide I Health Services Consultant Aide Therapy Aide II Hospital Ward Clerk Training School Counselor I House Guardian Training School Counselor II Houseparent I Woodshop Foreman Houseparent II Institution Clothing Clerk Unclassified positions included: Institutional Resident Representative Institutional Security Supervisor Teacher Aide Laundry Supervisor I *See page 12 So Ordered -11- ____________________________________________________________________________________ *From the testimony taken at the unit determination hearings it was apparent that custo- dians working in the institutional setting have significant contact with patients and, in fact, play a role in patient care and rehabilitation. Accordingly, it is the recommenda- tion of the hearing examiner that the job title of "Custodian" be placed in two categories, momentarily, first in this particular bargaining unit and also in the operational and maintenance services unit which follows later in this report. While the title of Custo- dian Worker appears in one general context, it is apparent to the hearing examiner that persons in this job category function in two specific settings, i.e., the institutional setting which involves patient contact and care, and other settings which are devoid of such special requirements. In the long run, it is the recommendation of the hearing examiner that this job category be split and a separate or special title designated for custodial workers who perform services in the institutional setting, thus allowing for the custodial workers in a non-institutional setting to become exclusively controlled under the provisions of the collective bargaining agreement, if any, relating to the Operations Maintenance and Support Services unit. This dychotomy of titles is desirable not only to prevent fragmentation of job titles between bargaining units, but also to describe the functions performed by persons in their various employment settings. During the unit determination hearings, it became painfully apparent that many persons working in the institutional setting were performing services not confined to the job description within which they were working and were, in fact, providing an interchange of services among several job classifications. Therefore, it is with reluctance that the hearing examiner recommends the inclusion of Custodial Workers (institutional) be included in this bargain- ing unit while other custodial workers be included in the Operations Maintenance and Support Services unit, in spite of the fact that this recommendation necessitates the splitting of this particular job category among two bargaining units for the time being. 4. LAW ENFORCEMENT, PUBLIC SAFETY AND REGULATORY SERVICES (NON POLICE) This unit includes job classifications involved with law enforcement and other public safety and regulatory functions, excluding State Police personnel. Many of these employees are subject to call backs and frequently work a nonstandard work week. Their work may require the wearing of a uniform and their job duties may involve an element of personal danger. Many of these employees enjoy a retirement plan which is different from that which is accorded to "regular" state employees who work standard work weeks under conditions where there is no common element of personal danger associated with job perfor- mance. Moreover, these employees perform their services away from a set office environ- ment and are frequently called upon to travel to general or specified locations in order to perform their services. Employees in this unit receive varying degrees of special training in various aspects of law enforcement. Some of these employees are required to be in good physical condition although this is not necessarily a condition of employment and they must be free of psy- chological problems or blemishes on their personal records. These employees are fre- quently supervised by immediate supervisors who have been promoted through the ranks. These employees may not perceive themselves as either white or blue collar workers but as specialized professionals whose work experience and qualifications are unique to the services they are required to perform. They have special interests in hours of work, uniform allowances, holiday pay, vacation scheduling, safety equipment and procedures, meal allowances, standby pay, pay for court appearances, scheduling and days off, mileage allowance, special health insurance, special retirement benefits and physical examinations. The following job categories are appropriately included in this unit: Campground Ranger I Criminal Inspector Campground Ranger II Dairy Inspector Capitol Police Officer Day Care Supervisor Chief Criminal Inspector Field Examiner I Coastal Warden Aide Field Examiner II Coastal Warden I Field Investigator I Coastal Warden II Field Investigator II Coastal Warden III Fire Inspector I Corrections Officer II -12- ____________________________________________________________________________________ Fire Inspector II Oil Burner Inspector Food Inspector I Plumbing Inspector Food Inspector II Probation Parole Officer I Forest Ranger I Probation Parole Officer II Forest Ranger II Produce Inspector I Forest Ranger III Produce Inspector II Forest Ranger IV Produce Inspector III Game Warden Aide Public Utilities Investigator I Game Warden I Public Utilities Investigator II Game Warden II Safety Compliance Officer Game Warden III Seed Potato Inspector Highway Investigator Tax Examiner I Horticulture Inspector Tax Examiner II Industrial Safety Inspector Tax Examiner III Jail Inspector Tax Investigator Labor and Safety Inspector I Weights and Measures Inspector Labor and Safety Inspector II Lifeguard Unclassified positions included: Lifeguard Supervisor Liquor Inspector I Compliance Officer Liquor Inspector II Field Investigator Liquor Licensing Inspector Fraud Investigator Motor Vehicle Inspector Police Coordinator So Ordered. 5. STATE POLICE SERVICES Employees in this bargaining unit have the same interests, needs and concerns as employees in the Law Enforcement, Public Safety and Regulatory Services unit except they are members of the Maine State Police in the grade of Trooper, Corporal and Sergeant. Accordingly, it is the opinion of the hearing examiner that employees of the Maine State Police in the grades of Trooper, Corporal and Sergeant should be included in this. bargaining unit. So Ordered. In establishing this separate bargaining unit, the hearing examiner is persuaded by the testimony offered therefor by proponents of the Maine State Troopers Association and the post-hearing brief of that Association. Petitioner-Intervenor Maine State Troopers Association has cited compelling rationale for a separate state police bargaining unit when it refers to state and national precedents elsewhere in the United States and makes particular reference to the Taft-Hartley Act amendments to the National Labor Relations Act which are intended to insure plant-protection employees in the time of labor unrest. The hearing examiner believes it desirable to establish this separate bargaining unit in such a way to avoid conflicting loyalties during periods of labor unrest or acts violative of Section 979-C of the State Employees Labor Relations Act. In its post-hearing brief, petitioner-intervenor has cited recent events and the standby (and contemplated interven- tion) functions of the Maine State Police. The role of the employees in this bargaining unit under such circumstances warrants the establishment of a separate and distinct bar- gaining unit without violating the excessive fragmentation dictates of Section 979-E of the State Employees Labor Relations Act. 6. OPERATIONS MAINTENANCE AND SUPPORT SERVICES Employees in this unit are primarily skilled and semi-skilled "blue collar" employees, including the traditionally recognized crafts and trades. They may be involved with skilled or semi-skilled manual labor and construction, repair, maintenance or service of -13- ____________________________________________________________________________________ buildings, domestic and/or repair service (in non-institutional setting), or the operation of machines, or equipment and vehicles. These employees in this unit typically work with things, not people, and the upper limit of formal education required to perform the job function generally does not exceed graduation from secondary schooling. While these em- ployees may be able to transfer into other jobs requiring similar skills and abilities within the bargaining unit, their career ambitions are usually satisfied through the use of career ladders. The lower levels of supervision are frequently filled by employees who have been promoted through the ranks. Employees in the unit may be employed in either indoor or outdoor locations. Employees in this unit have special interests in job security, career ladders, job posting and promotional opportunities, progression from apprectice to journeymen status, seniority, shift differentials, and assignments of work and holiday work, inclement weather policy, equipment, uniform and tool allowances, overtime practices and pay and health programs. The following job categories are appropriately included in this unit: Aircraft Mechanic Forest Ranger II Assistant Fish Hatchery Foreman Furniture Repairman Assistant Pier Superintendent Gamekeeper Assistant Superintendent of the Game Gamekeeper Aide Farm Gatehouse Attendant Automotive Mechanic General Farmer I Automotive Mechanic Foreman General Farmer II Automotive Electrician Groundskeeper I Blacksmith Groundskeeper II Blister Rust Field Assistant Heavy Equipment Operator I Boat Foreman Heavy Equipment Operator II Body and Fender Mechanic Highway Maintenanceman I Bridge Operator I Highway Maintenanceman II Bridge Operator II Highway Maintenanceman IIA Bridgeman Highway Maintenanceman III Building Custodian Highway Maintenanceman IV Campground Attendant Housekeeper I Capitol Buildings and Grounds Officer Housekeeper II Carpenter Institutional Firefighter Carpenter Foreman Institutional Marshall Cemetery Foreman Laboratory Assistant Cemetery Maintainer Laborer I Chemist Assistant I Laborer II Chemist Assistant II Light Equipment Operator Civil Defense Instructional Repairman Machinist Crusher Foreman Maid Custodians Maintenance Mechanic Custodial Worker I Mason Custodial Worker II Navigational Aide Foreman Custodial Worker III Paddock Assistant Dishwasher Painter Driver Trainer Park Ranger I Engineering Aide I Park Ranger II Engineering Aide II Plant Maintenance Engineer I Environmental Aide Plumber I Farm Worker Plumber II Ferry Service Able Seaman Poultry Tester Ferry Service Representative Technician Poultryman Ferry Service Ordinary Seaman Sanitarian I Ferry Service Pilot Fireman Sanitarian II Fireman Sign Painter Fish Hatchery Aide Sign Shop Assistant Fish Hatcheryman State House Housekeeping Foreman Forest Nurseryman Stationary Engineer Forest Ranger Mechanic Stationary Fireman Forest Watchman Tire Technician Forestry Aide Upholsterer Forest Inspector Ranger I Utility Engineering Aide -14- ____________________________________________________________________________________ Warehouseman Driver Watchman Driver/Coach Welder I Fireman Welder II First Mate Window Maintenance Mechanic Janitor X-Ray Assistant Laborer I Yard Foreman Laborer II Laundress Unclassified positions included: Maid Maintenance Engineer Assistant Facilities & Work Experience Sanitary Engineer Supervisor Supportive Services Coordinator Bus Driver Supportive Services Coordinator & SRO Chef at the Blaine House Steward Construction Work Supervisor Teacher Aide Cook Custodian Transportation Coordinator Deputy Boiler & Elevator Inspector Transportation Supervisor Deputy Elevator Inspector Watchman District Humane Agent So Ordered. 7. SUPERVISORY PERSONNEL SERVICES Employees in this unit fill "middle management" positions of a supervisory nature as contemplated in Section 979-E of the State Employees Labor Relations Act but are not excluded per se from coverage thereunder pursuant to the provisions of Section 979-A, Paragraph 6. These employees are responsible for the direction and efficient and effective utilization of other employees and, under collective bargaining, will assume varying degrees of responsibility for contract administration (i.e., criteria set forth in Section 979-E of the Act). These employees have special interest in job content, extend and nature of supervision, promotional opportunities and managerial/supervisory training and development. The following job categories are appropriately included in this unit: Administrative Officer Real Estate Assistant Director of Hospital Services Commission Assistant Director Inspections Admininstrator Physical Plant Assistant Director Liquor Enforcement Aircraft Pilot Supervisor Assistant Director Maine Milk Program Area Director Work Incentive Program Assistant Director Manpower Affairs Area Supervisor Homemaker Aide Services Assistant Director Manpower Research Assistant Placement Supervisor Assistant Director Motor Vehicle Assistant Chief Bureau of Driver Assistant Director Public Health Licensing Engineering Services Assistant Chief Bureau of Public Assistant Director Placement Supervisor Service Assistant Director Plant Industries Assistant Chief Game Warden Assistant Director Probation-Parole Assistant Chief Unemployment Compensa- Assistant Director Public Health Lab tion Benefits Assistant Director Sales Tax Assistant Chief Unemployment Compensa- Assistant Director Seed Potato Program tion Tax Assistant Director Social Welfare Assistant Deputy Warden Assistant Driector State Fire Prevention Assistant Director Animal Industry Assistant Director Transportation (PUC) Assistant Director Bureau of Assistant State Tax Assessor Administration (DOT) Assistant Superintendent Corrections Assistant Director Bureau of Corrections Assistant Supervisor Baxter State Park Assistant Director Bureau of Assistant Supervisor Buildings Rehabilitation Assistant Supervisor Outdoor Recreation Assistant Director Conservation Informa- Assistant Supervisor Park Maintenance tion Education Operations Assistant Director Division of Disability Assistant Supervisor Services for Againg Assistant Director Division of Finance Associate Commissioner Bureau of Education and Cultural Services Management Assistant Director Division of Property Bank Examiner IV Tax Blister Rust District Leader Assistant Director Health Boat Captain Supervisor Assistant Director Highway Equipment Bridge Supervisor -15- ____________________________________________________________________________________ Budget Examiner II Director Division of Eye Care Business Manager I Director Division of Finance (E&CS) Business Manager II Director Division of Forest Fire Business Services Manager Containment Campground Ranger III Director Division of Markets Cemetery Superintendent Director Division of Personal & Chief Accountant Health & Welfare Consumer Finance Chief Accountant Highway Director Division of Program Services Chief Accountant Manpower Affairs Director Division of Promotions Chief Accountant (MH&C) Director Division of School Operations Chief Bureau of Air Pollution Director Division of State Archives Chief Bureau of Driver Licensing Director Division of Vacation and Chief Bureau of Oil Pollution Control Travel Chief Communications (CD) Director Division of Teaching Education Chief Data Processing System Director Division of Vocational Chief Division of Land Quality Services Rehabilitation Chief Division of Solid Waste Management Director Family Services Chief Division of Transportation Director Forest Management Chief Driver License Examinations Director Gas & Water Division (PUC) Chief Electrical Inspector Director Geriatics Chief Employment Services Operations Director Half Way House Program Chief Engineer Water Improvement Director Highway Education Facilities Commission Director Highway Safety Program Chief Engineering Public Utilities Director Hospital Licensing Commission Director Housing Services Chief Examiner Director Human Development Unit Chief Examiner Sales Tax Director Industrial Safety Chief Insurance Examiner Director Inheritance Tax Chief Materials Examiner Director Inspections Chief Motor Vehicle Investigation Director Institutional Lab Services Chief Occupational Therapist Director Land Management Chief Physical Therapist Director Liquor Enforcement Chief Purchasing Standards Director Liquor Licensing Chief Resources Management (CD) Director Malt Liquor Division Chief State House Security Director Manpower Adjudication Division Chief Supply Services (CD) Director Manpower Research Chief Tax Computation Division Director Mental Retardation Facility Chief Training & Certification Director Milk Program Chief Unemployment Compensation Benefits Director Office of Alcohol and Drug Chief Unemployment Compensation Tax Prevention Chief Volunteer Services Director Plant Industry Civil Defense Operations Officer Director Probation-Parole Civil Engineer Director Public Health Engineering Coastal Warden Supervisor Director Public Health Laboratory Community Development Supervisor Director Public Health Nursing Computer Operator Manager Director Public Printing Computer Operator Supervisor Director Publicity Information and Construction Superintendent Education (H&W) Coordinator Keep Maine Scenic Program Director Recreation Corrections Officer III Director Research and Statistics (Labor) Day Care Supervisor Director Retail Store Deputy Bank Commissioner Director Safety and Snowmobile Deputy Insurance Commissioner Registration Deputy Prison Warden Director School of Nutrition Director Aftercare Program Director of School Transportation Director Animal Industry Director Securities Division Director of Auto Maintenance Director Seed Potato Program Director Certification Director Social Services Director Child Welfare Director Social Welfare Director Childrens Psychiatric Hospital Director Special Treatment Facilities Director Conservation Director State Comprehensive Health Director Control Services Planning Director Cottage Program Director State Fire Prevention Director Division of Adult Education Director Surplus Foods Property Director Division of Agricultural Director Teacher Education and Field Production Services Director Division of Animal Welfare Director Transportation Enforcement Director Division of Disability Operations and Scheduling Determination Director Transportation Service Director Division of Development Director Transportation Systems Director Division of Educational Planning Renewal Resources Director Work Incentive Program -16- ____________________________________________________________________________________ Disability Supervisor Aftercare Program Medical Lab Supervisor Disability Claims Supervisor Medical Services Supervisor District Supervisor Probation & Parole Mental Health Worker V District Supervisor State Parks Mental Health Worker VI Division Director Environmental Mental Retardation Regional Coordinator Services Metal Shop Manager Division Director Manpower Affairs Military Property Manager Emergency Energy Supervisor Military Adjutant Emergency Medical Care Coordinator Military Operations Supervisor Employment Services Field Supervisor Nurse V Employment Services Manager I Oil Burner Technician Foreman Employment Services Manager II Painter Foreman Equipment Supervisor Parimutuel Supervisor Executive Secretary Park Manager II Executive Secretary Board of Park Manager III Hairdressers Public Health Nurse Supervisor I Ferry Service Captain Public Health Nurse Supervisor II Ferry Service Manager Pier Superintendent Field Examiner III Plant Maintenance Engineer II Fire Inspector III Plant Maintenance Engineer III First Deputy Insurance Commissioner Plumber Foreman Fish Hatchery Supervisor Police Communications Operations Fish Hatchery Foreman Supervisor Foundation Survey Foreman Print Shop Manager Foundation Survey Supervisor Prison Industry Manager Food Inspector Supervisor I Produce Inspector Supervisor I Food Inspector Supervisor II Produce Inspector Supervisor II Food Services Manager I Produce Inspector Supervisor III Food Services Manager II Project Director Services for Aging Forest Ranger V Property Assessment Advisor Supervisor Forest Ranger VI Property Assessment Program Services Game Warden Inspector Property Control Supervisor Game Warden Supervisor Psych Aide Supervisor I Governmental Auditor III Psych Aide Supervisor II Governor's Committee for Employment Psych Aide Supervisor III of Handicap Public Utilities Investigator III Grounds Equipment Foreman Public Conveyance Safety Supervisor Guard Captain Record Management Officer Guard Lieutenant Regional Director Rehabilitation Hatch Construction Foreman Services Health Planner Regional Forest Ranger Health Services Supervisor I Regional Director of Forestry Health Services Supervisor II Reimbursement Investigator II Highway District Supervisor Reproduction Equipment Supervisor Highway Equipment Manager Retail Store Manager I Highway Foreman Retail Store Manager II Highway Investigative Supervisor Retail Store Supervisor Highway Maintenance Supervisor Right of Way Appraiser III House Parents Supervisor Sanitation Supervisor Human Service Manager I Sector Director Civil Defense Human Service Manager II Seed Potato Inspection Supervisor Human Service Manager III Sign Shop Foreman Human Service Manager IV Social Medical Coordinator Hunter Safety Coordinator Staff Development Coordinator Indian Development Specialist State House Executive Housekeeper Laundry Supervisor II State Police Captain Lottery Administration Manager State Police Lieutenant Lottery Market Manager Superintendent of Buildings Lottery Production Manager Superintendent, Game Farms Lottery Publicity Manager Superintendent Military & Naval Lottery Regional Manager Children's Home Machinest Foreman Superintendent State Parks & Memorials Maintenance Mechanic Foreman Supervisor Air Quality Control Manager Maine State Pier Supervisor Allagash Wilderness Manager Research Evaluation & Planning Waterways Manpower Adjudication Officer Supervisor Audio-Visual Services Manpower Research Analyst IV Supervisor Audits Manpower Specialist IV Supervisor Baxter Park Marine Resources Scientist IV Supervisor Central Printing Services Mason Foreman Supervisor Conservation Education Mechanical Stores Supervisor Supervisor Consumer Service Division Medical Care Program Coordinator Supervisor Corporation Division -17- ____________________________________________________________________________________ Unclassified positions included: Supervisor Cottage Program Supervisor Court Records Adult Education Director Supervisor Dairy Inspector Bs & Ind. Coordinator (VTI) Supervisor Delinquent Accounts Central Control Unit Supervisor Supervisor Driver Improvement Chief Boiler & Elevator Inspector Supervisor Employment Standards Deputy Director Division of Community Supervisor Feed and Fertilizer Services Registration Deputy Director State Development Supervisor Fingerprint Classification Office Supervisor Financial Responsibilities Director Bureau of Maine's Elderly Supervisor Forest Resource Planning Director Child and Youth Services Supervisor General Accounting Director Community Programs Supervisor Grounds Director Compensation Planning Supervisor Highway Permits Assistance Division Supervisor Homemaker Aide Services Director Data Analysis Center Supervisor Insurance Licensing Division Director Data Processing Supervisor Land Development Review Director Division of Community Supervisor Land Use Map Services Supervisor Land Use Planning Director Energy Program Supervisor Life Accidental and Health Director Fraud Investigation Division Director Maine State Library Supervisor Office Service Director Maine State Retirement System Supervisor Outdoor Recreation Director Museum Bureau Supervisor Park Acquisition and Director Program Review and Evaluation Development Director of Research Supervisor Park Manager Operations Director State Development Office Supervisor Pesticide Program Director Technical Services Supervisor Plumbing Inspectors Director Veterans Services Supervisor Potato Marketing Economic Planning Supervisor Supervisor Pre-Audit Division Executive Secretary CETA Supervisor Publicity and Public Foster Grandparent Supervisor Information Grant Manager Supervisor Quality Control Graphic Supervisor Supervisor Radio Communications Institutional School Principal I Supervisor Real Estate Licensing Institutional School Principal II Supervisor Reimbrusement Division Manager Veterans Small Business Loans Supervisor Reproduction Services Principal (STC&PTC) Supervisor Retirement Claims Project Director CETA Supervisor Right of Way Agents Planning Supervisor Supervisor Right of Way Appraisers School Principal Supervisor Right of Way Controls State Librarian Supervisor Sanitary Engineering Administrative Services Unclassified positions excluded: Supervisor Snowmobile Program Supervisor Soundex Files (Motor Administrative Assistant (Executive) Vehicle) Administrative Assistant NMVTI Supervisor Special Education for Administrative Secretary (HRC) Visually Impaired Assistant EMVTI Supervisor Student Life School for the Assistant Director CMVTI Deaf Assistant Director NMVTI Supervisor Surplus Property Business Services Assistant (Manpower) Supervisor Training and Certification Chief of Staff Development (Levison Property Tax Center) Supervisor Uniform Crime Reporting Cook (Executive) Supervisor Vital Records Cook and Maid (Executive) Systems Program Manager Dean Adult Education NMVTI Tabulation Equipment Supervisor I Director Adult Education EMVTI Tabulation Equipment Supervisor II Director Adult Education SMVTI Tabulation Equipment Supervisor III Director Adult Education WCVTI Tax Examiner Supervisor Director CMVTI Training School Counselors Supervisor Director EMVTI Unemployment Compensation Field Director Fraud Investigator Supervisor Director, NMVTI Unemployment Compensation Manager I Director of Personnel Unemployment Compensation Manager II Director, Program Review and Evaluation Voluntary Services Coordinator Probation Division and Parole Director SMVTI Warehouse Superintendent Director, Staff Development (Pineland) Weights and Measures Supervisor Director, WCVTI Welfare Services Supervisor Executive Director Arts and Humanities Woodshop Manager Work Training Fiscal Officer SPO Supervisor General Council (PUC) Houseman (Executive) -18- ____________________________________________________________________________________ Labor Relations Analyst (Executive) Secretary-Bookkeeper (Executive) Laundress (Executive) Secretary (Executive) Legislative Assistant (Executive) Special Assistant (Executive) Maid (Executive) Training Advisor (Levison Center) Press Relations (Executive) Training Coordinator & Research Public Service Careers Instructor Assistant (Executive) (Personnel) So Ordered. 8. EXCLUDED EMPLOYEES During the course of the Unit Determination Hearing proceedings in this case and the subsequent preparation of this report, it has been necessary to consider many job classi- fications which are alleged to be excluded from the definition of a "state employee" as set forth in Section 979-A, Paragraph 6, of the State Employees Labor Relations Act. On examination, the hearing examiner has found the following job categories to be properly. excluded from the definition of "state employee" and those job categories are therefore not appropriate for inclusion in any of the foregoing 7 bargaining units. The excluded job categories are: Assistant Budget Officer Deputy Forest Commissioner Assistant Commmissioner of Education Deputy State Auditor (Legislative) Assistant Director of Bureau of Deputy State Budget Officer Mentally Retarded Deputy State Controler Assistant Director Manpower Affairs Deputy State Tax Assessor Administrative Services Deputy State Treasurer Assistant Director of Personnel Director Administrative Services Assistant Director Maine State (Conservation) Retirement System Director Administrative Services (MHC) Assistant to Superintendent (MHI) Director Administrative Services Associate Commissioner Bureau of Public Safety Instruction Director Baxter State Park Associate Commissioner Bureau of Director Bureau of Administration and Special Resources Transportation Associate Commissioner Bureau of Director Bureau of Air Quality Control Vocational Education Director Bureau of Corrections Chief Bureau of Public Services Director Bureau of Labor Chief Coastal Warden Director Bureau of Land Control Chief Game Warden Director Bureau of Mental Health Chief Highway Engineer Director Bureau of Mental Retardation Chief Hospital Services Director Bureau of Rehabilitation Chief Legal Counsel Department of Director Bureau of Water Pollution Transportation Control Chief Mental Health Community Services Director Central Computer Services Chief Personnel Technician Director Department Employee Chief Technical and Administrative Relations (DOT) Service Director Division of Federal Resources Civil Defense Admininstrative Officer Director Division of Marine Resources Department Personnel Officer I Director Division Program Operations Department Personnel Officer II Director of Research and Planning Deputy Commissioner DED Director Excise Tax Deputy Commissioner Department of Director Federal Programs Education Director Health Deputy Commimssioner Finance and Director Health & Welfare Administra- Administration tive Services Deputy Commissioner Indian Affairs Director Highway Administrative Deputy Commmisioner Inland Fish and Services Game Director Income Tax Deputy Commissioner Marine Resources Director Legislative Audit Deputy Commissioner of Transportation Director Water Regulation Safety Deputy Director Bureau of Property Director Manpower Affairs Administra- Taxation tive Services Deputy Director Central Computer Director Maine Law Enforcement Criminal Services Justice Academy Deputy Director Civil Defense Director Motor Vehicle Division Deputy Director Labor & Industry Director Inland Fisheries & Game -19- ____________________________________________________________________________________ Director Planning and Management Institutional Business Manager I Information Institutional Business Manager II Director Property Tax Legislative Staff Assistant Director Sales Tax Lottery Finance Manager Director Special Services Manpower Affairs Administrative Employment Relations Representative Coordinator Executive Director Land Use Regulation Personnel Specialist Commission Personnel Technician I Executive Director Soil and Water Personnel Technician II Conservation Commission Personnel Technician III Executive Secretary Harness Racing Prison Warden Commission State Police Major Executive Secretary Industrial State Tax Consultant Accident Commission Superintendent Maine Correctional Executive Secretary Maine Milk Center Commission Superintendent School for the Deaf Executive Secretary Real Estate Superintendent Training Center Commission So Ordered. It is obvious from the magnitude and duration of the hearings which resulted in this report that changes in the job structuring of state government have occurred during its preparation. To the extent that these changes have resulted in the elimination of positions, the inclusion of those positions in this report can now be ignored. On the other hand, if new positions have been created, if the contents of job classifications have changed, or if a particular job classification has been inadverdently omitted from this report, then a unit clarification proceeding conducted pursuant to Rule 1.13 may be in order. The parties will note that there is no particular time restriction as to when unit clarification proceedings may be initiated. Moreover, the contents of this report are subject to modification by the parties pursuant to the provisions of Rule 1.01 of the Unit Determination Rules when there is mutual agreement for such change. The fore- going techniques will, if warranted, facilitate the deletion or addition of a particular job title to a bargaining unit without the necessity for challenging the entire composi- tion of the particular bargaining unit(s) involved. The hearing examiner wishes to take this opportunity to thank the petitioners and intervenors for their cooperative and very detailed presentations over the past several months. Dated at Augusta, Maine, this 22nd day of September, 1976. /s/_________________________________ Parker A. Denaco, Executive Director Maine Labor Relations Board -20- ________________________________________________________________________________________________________________________________________________________________________