UPIU and MSAD 33, PELRB 77-A-01, affirming No. 77-UD-06

STATE OF MAINE                                   MAINE LABOR RELATIONS BOARD
                                                 [Case No. 77-A-01]
                                                 [Issued:  December 14, 1976]   
   
____________________________________   
                                    )
UNITED PAPERWORKERS INTERNATIONAL   )
UNION                               )
                                    )       REPORT OF APPELLATE REVIEW
and                                 )                  OF
                                    )       UNIT DETERMINATION HEARING
MAINE SCHOOL ADMINISTRATIVE         )
DISTRICT NO. 33                     )
____________________________________)
   
   
     This case originally came before the Maine Labor Relations Board for hearing
on a Unit Determination from the filing of a MLRB Form 2, "Petition for Appropriate
Unit Determination" dated July 6, 1976, signed by Eldon L. Hebert as representative
for the United Paperworkers International, and received by the Maine Labor Relations
Board on July 14, 1976.  A Unit Determination Hearing was held on Wednesday,
August 18, 1976, in the Wisdom High School Library, St. Agatha, Maine, as provided
in Section 966 of the Municipal Public Employees Labor Relations Act.  The job cate-
gories under consideration in that original report, the contents of which are incor-
porated herein by reference, were kitchen supervisors, cafeteria workers (37 hours
per week), cafeteria workers (25 hours per week), bus driver/custodians, bus drivers,
and janitors.  That hearing resulted in a Unit Determination Report issued by
Richard L. Hornbeck, Attorney/Examiner for the Maine Labor Relations Board, on
September 8, 1976.
   
     This case comes before the Maine Labor Relations Board by way of a Letter of
Appeal dated September 23, 1976, and filed by Bruce M. Leet, Director of Labor Relations,
on September 23, 1976.  The appeal was limited to the two positions of bus driver/
custodian funded through federal funds under the Comprehensive Employment and
Training Act (CETA).
   
     This case was heard on appeal by the Maine Labor Relations Board on October 26,
1976, at 9:30 a.m. in the Portland Jetport Conference Room, Portland, Maine.
Present for the Board at the hearing were Walter E. Corey, Chairman; Robert D.
Curley, Employer Representative; and Michael Schoonjans, Employee Representative.
   
     Present thereat for the Appellant was:

            Bruce M. Leet                       Representative of MSAD No. 33
   
     Present thereat for the Appellee was:

            Gary Cook                           Representative for United Paper-
                                                workers International
   
     No objections were raised with respect to the jurisdiction of the Maine Labor
Relations Board to hear this appeal, and the appeal proceeded with no procedural
issues being raised by the parties. The position of the Appellant was that the
CETA Employees did not share a community of interest with the other employees in
the bargaining unit, since they were paid by federal funds, and under federal law,
there is a separate grievance procedure for CETA Employees, and the retirement
benefits may vary between CETA Employees and other employees.  The position of the
Appellee was that CETA Employees should be treated the same as other employees under
the rules pertaining to CETA Employees, and that CETA Employees are presently
included in bargaining units with other employees in the State of Maine.
   
                                       [-1-]
____________________________________________________________________________________


     After having reviewed the testimony at the hearing and the Unit Determination
Report, we make the following findings of fact:
   
     1.  A Unit Determination Report was issued by Richard L. Hornbeck,
         Attorney/Examiner for the Maine Labor Relations Board on
         September 8, 1976.
   
     2.  The Unit Determination Report issued on September 8, 1976, was
         appealed by Bruce M. Leet, Director of Labor Relations, on
         September 23, 1976.
   
     3.  Two employees of Maine School Administrative District No. 33
         employed as bus driver/custodian are paid by funds from the
         Comprehensive Employment and Training Act (CETA).
   
     4.  The past practice of the Executive Director of the Maine Labor
         Relations Board has been to include CETA Employees in bargaining
         units with other employees (see the Unit Determination Report
         issued on July 25, 197[5] [No. 75-UD-29], involving Sanford School Department and
         the Maine Teachers Association).
   
     The two bus driver/custodians employed by SAD #33 and paid by CETA Funds received
the same wages, hours, and benefits as the other bus driver/custodians employed by
SAD #33, although an additional grievance procedure was established by law for CETA
Employees.  To include CETA Employees in a separate bargaining unit would create a
morale problem and "unnecessary" fragmentation which would result in depriving CETA
Employees the fullest freedom in exercising the rights guaranteed by the Municipal
Public Employees Labor Relations Act as provided in 26 M.R.S.A. Section 966.  We see
no public policy advanced by excluding CETA Employees from bargaining units with other
employees or by changing the prior practice of the Maine Labor Relations Board to include
CETA Employees in bargaining units with other employees with whom they share a community
of interest.  Therefore, it is the opinion of the Maine Labor Relations Board that
the decision of the Hearings Examiner be affirmed and we now direct that the Appeal
entered by the letter of Bruce Leet, dated September 23, 1976, on behalf of School
Administrative District No. 33, be and hereby is DENIED.
   
Dated at Augusta, Maine, this 14th day of December, 1976.
   
   
                                          MAINE LABOR RELATIONS BOARD
   
   
   
                                          /s/________________________________________
                                          Walter E. Corey, Chairman
   
   
                                     
                                          /s/________________________________________
                                          Robert D. Curley, Employer Representative
   


                                          /s/________________________________________
                                          Michael Schoonjans, Employee Representative
   
                                        [-2-]
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