State Police Services Unit, Appeal of UD Report of Sept. 22, 1976 No. 75-UD-04 No. 77-A-02 (Jan. 17, 1977) Decision and Order on Motions to Dismiss No. 77-A-02 (Jan. 17, 1977 Motions to Dismiss) Interlocutory Decision of Appellate Proceedings No. 77-A-02 (Feb. 2, 1977 Interlocutory Decision) Maine Labor Relations Board Appellate Decision No. 77-A-02 (March 17, 1977 Board Decision), affirmed CV-77-135. STATE OF MAINE MAINE LABOR RELATIONS BOARD [Case No. 77-A-02] [Issued: January 17, 1977] _______________________________ ) IN THE MATTER OF THE APPEAL ) OF THE UNIT DETERMINATION ) DECISION AND ORDER REPORT OF SEPTEMBER 22, 1976, ) ON REGARDING STATE EMPLOYEES ) STATE POLICE SERVICES UNIT _______________________________) Subsequent to the issuance of a Unit Determination Report dated September 22, 1976, by Parker Denaco, Executive Director of the Maine Labor Relations Board, an appeal under 26 M.R.S.A. 979-G was filed by Robert Bourgault, Director of Field Services, Maine Teachers Association, on October 6, 1976; by Charles W. Sherburne, Executive Director, Council #74, American Federation of State, County & Municipal Employees, on October 7, 1976; by John W. Litwinowich, Maine Coastal Warden, on October 7, 1976; by John J. Finn, Staff Counsel, Maine State Employees Association on October 7, 1976; and by John J. Sears, Director of Repre- sentation, Office of State Employee Relations on October 7, 1976. This matter came to be heard by the Maine Labor Relations Board on November 5, 1976; November 17, 1976; November 24, 1976; December 6, 1976; and December 7, 1976, Chairman Walter E. Corey presiding, with Robert D. Curley, Employer Representative and Michael Schoonjans, Employee Representative. Upon a review of the letters of appeal and documents submitted at the hearing, as well as having observed the demeanor of the witnesses testifying at the hearing, we find that: 1. The establishment of a State Police Services Unit by the Executive Director has not been appealed. 2. The Appellants have not challenged the appro- priateness of the inclusion of trooper, corporal and sergeant in the State Police Services Unit. 3. The Appellants have not proposed the inclusion of job positions other than those of trooper, corporal and sergeant in the State Police Services Unit. [-1-] ________________________________________________________________________________ We conclude that the purposes of the State Employees Labor Relations Act as defined in 26 M.R.S.A. 979 would best be effectuated by proceeding with a secret ballot election in the State Police Services Unit and direct the Executive Director proceed with a secret ballot election as specified in 26 M.R.S.A. 979-F(2) and Rule 3.01 et seq. of the Rules and Procedures of the Maine Labor Relations Board for the State Police Services Unit. Dated at Augusta, Maine, this 17th day of January, 1977. /s/________________________________________ Walter E. Corey, Chairman /s/________________________________________ Robert D. Curley, Employer Representative /s/________________________________________ Michael Schoonjans, Employee Representative -2- ________________________________________________________________________________ STATE OF MAINE MAINE LABOR RELATIONS BOARD [MLRB No. 77-A-02] [Issued: January 17, 1977] ______________________________ ) IN THE MATTER OF THE APPEAL ) OF THE UNIT DETERMINATION ) DECISION AND ORDER ON REPORT OF SEPTEMBER 22, 1976, ) REGARDING STATE EMPLOYEES ) MOTIONS TO DISMISS ______________________________) Three Motions to Dismiss were made in the process of appeals under M.R.S.A. Section 979-G by Robert Bourgault, Director of Field Services, Maine Teachers Association on October 6, 1976; by Charles W. Sherburne, Executive Director, Council #74, American Federation of State, County & Municipal Employees, on October 7, 1976; by John V. Litwinowich, Maine Coastal Warden, on October 7, 1976; by John J. Finn, Staff Counsel, Maine State Employees Association, on October 7, 1976; and by John J. Sears, Director of Representation, Office of State Employee Relations, on October 7, 1976, to the Unit Determination Report issued by Parker Denaco, Executive Director of the Maine Labor Relations Board, on September 22, 1976. The first Motion to Dismiss was submitted by John J. Sears, Director of Representation, Office of State Employee Relations (the State agency responsible for the position of the State of Maine in collective bargaining), on October 8, 1976, and moved that the appeal filed in this matter by John V. Litwinowich on October 7, 1976, be dismissed for the following reasons: (1) The appeal constituted an untimely petition end intervention pursuant to, and does not conform with, the requirements of Rules 1.03, 1.05 and 1.08 of the Rules and Procedures of the Maine Labor Relations Board, (2) The appeal was barred by the February 12, 1976, order of the Executive Director which established March 1, 1976, as the final date by which to petition and to participate in the State Unit Determination Proceedings, (3) The Appellant John V. Litwinowich was not a party in interest under Rule 1.10 of the Rules and Procedures of the Maine Labor Relations Board. Upon a review of the letters of appeal, the documents submitted to the Executive Director during the Unit Determination Hearing and the documents submitted to the Maine Labor Relations Board at the Appeals Hearing, as well as having observed the demeanor of the witnesses testifying at the hearing, we find that John W. Litwinowich did not submit a Petition for Appropriate Unit Determination as required by Rules 1.03, 1.05 and 1.08 of the Rules and Procedures of the Maine Labor Relations Board and is barred from filing such a petition by the February 12, 1976, order of the Executive Director which established March 1, 1976, as the final date by which to participate in the [-1-] ________________________________________________________________________________ State Unit Determination Proceedings and that John W. Litwinowich is not a party in interest under Rule 1.10 of the Rules and Procedures of the Maine Labor Relations Board. We, therefore, grant the motion filed by John J. Sears on October 8, 1976. The second Motion to Dismiss was submitted by John J. Finn, Staff Counsel, Maine State Employees Association on October 20, 1976, and moved that the appeals of Council #74, American Federation of State, County & Municipal Employees concerning the Administrative Services Unit, the Professional and Technical Services Unit, and the Supervisory Personnel Services Unit be dismissed for the following reasons: 1) Council #74 lacks standing to appeal the Executive Director's Administrative Services, Professional and Technical Services and Supervisory Personnel Services Unit Determination. 2) Council #74's appeals are overbroad, frivolous and intended to obstruct and delay. 3) Council #74's interest in appeals from the Executive Director's Unit Determination lie more appropriately, if at all, in the Composition of the Institutional Services Unit and the Operations, Maintenance and Support Services Unit and appeals from those determinations are now untimely, 4) To the extent that Council #74's appeals are directed at the Executive Director's placement of state job classifications included in Council #74's original petitions pertaining to the Bureau of Social Welfare, and Department of Human Services, Council #74 presented no evidence at the unit determination hearings pertaining to those petitions and failed to pursue those petitions during the hearing and cannot now appeal such issues not raised or pursued below. The Office of State Employee Relations, by letter dated November 9, 1976, and the Maine Teachers Association, by letter dated November 15, 1976, supported the Motion to Dismiss dated October 20, 1976, and requested the motion be granted. Upon a review of the letters of appeal, the documents submitted to the Executive Director during the Unit Determination Hearing and the documents submitted to the Maine Labor Relations Board at the Appeals Hearing, as well as having observed the demeanor of the witnesses testifying at the hearing, we find that: 1) The appeal filed by Charles W. Sherburne, Executive Director, Council #74, American Federation of State, County & Municipal Employees, appealed the Unit Determination Decision of September 22, 1976, concerning the Administrative Services Unit, the Professional and Technical Services Unit and the Supervisory Personnel Services Unit. 2) The appeal filed by Charles W. Sherburne, Executive Director, Council #74, American Federation of State, County & Municipal Employees, did not appeal the Unit Determination Decision of September 22, 1976, concerning Institutional Services, Law Enforcement, Public Safety and Regulatory Services (non-police), State Police Services, and Operations, Maintenance and Support Services. -2- ________________________________________________________________________________ 3) At the unit determination hearings below, Council #74 did not petition for an Administrative Services, Professional and Technical Services, or Supervisory Personnel Services Unit, and has not filed a 30 percent showing of interest for such units. 4) The time for appeal of the Unit Determination Report issued by Parker A. Denaco, Executive Director, Maine Labor Relations Board, on September 22, 1976, expired on October 7, 1976. 5) The testimony presented at the Appeals Hearing by Council #74, proposed variations in the Administrative Services, Professional and Technical Services and Supervisory Personnel Services units, which were not supported by a 30 percent showing of interest and were not positions presented to the Executive Director at the Unit Determination hearings. Council #74 has not presented a showing of interest to the Executive Director or the Maine labor Relations Board for the Administrative Services Unit, the Professional and Technical Services Unit, and the Supervisory Personnel Services Unit. Title 26, M.R.S.A. Section 979-E states that "in the event of the disput. between the public employer and an employee or employees as to the appropriateness of a unit for purposes of collective bargaining... the Executive Director shall make the deter- mination...." The statute contemplates that the Executive Director make the initial determination of the appropriate bargaining unit and his determination may be appealed under 26 M.R.S.A. Section 979-G to the Maine labor Relations Board. The proposals pre- sented to the Maine Labor Relations Board by Council #74 on appeal were not the same proposals submitted to the Executive Director at the Unit Determination hearings. Rule 1.05 of the Rules and Procedures of the Maine Labor Relations Board requires that pro- posals for unit determination be accompanied by a 30 percent showing of interest and to permit a party to submit proposals at the appellate stage without the requisite showing of interest would subvert the requirements of Rule 1.05 of the Rules and Procedures of the Maine Labor Relations Board and defeat the purposes of the Act. We conclude that Council #74, American Federation of State, County & Municipal Employees lacked standing at the unit determination proceeding to present its current proposals and, consequently, lacks standing to present the proposals on appeal. Since the resolution of Council 74's appeal for lack of standing results in a resolution of the entire appeal presented by Council #74, it is unnecessary to consider the other allegations contained in the Motion to Dismiss. The third Motion to Dismiss was submitted by John J. Finn, Staff Counsel, Maine State Employees Association, on November 17, 1976, and moved that the appeals of the State of Maine filed by the Office of State Employee Relations from the September 22, 1976, Unit Determination of the Executive Director be dismissed to the following extent and for the following reasons: 1) With respect to the State's appeal from the inclusion in bargaining units of the job classifications of Administrative Secretary I, Administrative Secretary II, and Business Service Manager, the Executive Director's determination coincides with the State's position below, and the State lacks standing to appeal and the Board lacks jurisdiction to consider the State's appeal from the determination. 2) With respect to the State's appeal from the inclusion of the job classification of Civil Engineer IV in the Professional and Technical Services Unit, the Executive Director's determination coincides with the State's position below and the State lacks standing to appeal and the Board lacks jurisdiction to consider the State's appeal from this determination. -3- ________________________________________________________________________________ 3) With respect to the State's appeal from the inclusion within bargaining units of the positions listed on the State's Attachment C, except for the positions listed under the job classifications of Highway Equipment Engineer and Tabulation Equipment Supervisor III, the Executive Director's determina- tion coincides with the State's position below and the State lacks standing to appeal and the Board lacks jurisdiction to hear the appeals from these determinations. 4) With respect to the State's appeal from the Executive Director's determination of unclassified positions, the State did not dispute their placement in units before the Executive Director or seek their exclusion from units and it lacks standing to appeal and the Board lacks jurisdiction to hear the State's appeal from these determinations. Upon a review of the letters of appeal, the documents submitted to the Executive Director during the determination hearing and the documents submitted to the Maine Labor Relations Board at the Appeals Hearing, as well as having observed the demeanor of the witnesses testifying at the hearing, we find that: 1) The Administrative Secretary I, Administrative Secretary II, and Business Service Manager listed in Attachment A of the State's appeal, were included in bargaining units consistent with the State's position at the unit determination hearings. 2) The job classification of Civil Engineer IV listed in Attachment B of the State's appeal were included in bargaining units con- sistent with the State's position at the unit determination hearings. 3) With respect to the job positions listed in State's Attachment C, except for the positions of Highway Equipment Engineer and Tabulation Equipment Supervisor III, the Executive Director's determination coincides with the State's position at the unit determination hearings. 4) Many unclassified positions were not presented to the Executive Director for a determination, however, the State did propose that the unclassified positions not included in their petitions be excluded from bargaining units. It is the opinion of the Maine Labor Relations Board that the State of Maine is not an aggrieved party with respect to Items No. 1 and 2 in the Motion to Dismiss and therefore, may not appeal the determination of the Executive Director under Rule 1.10 of the Rules and Procedures of the Maine Labor Relations Bonrd. With respect to Item No. 3 in the Motion to Dismiss, it is inappropriate at this time for the State to raise the confidential exclusions alleged in Attachment C. Allegations that individuals share a confidential relationship as contemplated by 26 M.R.S.A. Section 979-A(6)(c) may appropriately be raised at a unit clarifi- cation proceeding, during the election process by challenging the ballots of such employees or may be resolved by our subsequent decision pertaining to unclassified employees. With respect to Item No. 4 in the Motion to Dismiss, we find that the motion is factually incorrect and should, therefore, be denied. -4- ________________________________________________________________________________ ORDER 0n the basis of the foregoing findings of fact and by virtue of and pursuant to the powers granted to th Maine Labor Relations Board by the provisions of Section 979-G of the State Employees Labor Relations Act and Section 968 of the Municipal Public Employees Labor Relations Act, it is ordered: 1) That the Motion to dismiss filed by John J. Sears, Director of Representation, Office of State Employee Relations, on October 8, 1976, be GRANTED. 2) That the Motion to Dismiss filed by John J. Finn, Staff Counsel Maine State Employees Association, on October 20, 1976, be GRANTED. 3) That the Motion filed by John J. Finn, Staff Counsel, Maine State Employees Association, on November 17, l976, be GRANTED with respect to Items No. 1, 2 and 3 in the Motion, and be DENIED with respect to Item No. 4 in the Motion. Dated at Augusta, Maine, this 17th day of January, 1977. /s/________________________________________ Walter E. Corey, Chairman /s/________________________________________ Robert D. Curley, Employer Representative /s/________________________________________ Michael Schoonjans, Employee Representative -5- ________________________________________________________________________________ STATE OF MAINE MAINE LABOR RELATIONS BOARD [MLRB No. 77-A-02] [Issued February 2, 1977] __________________________________________ ) COUNCIL NO. 74, AMERICAN FEDERATION ) OF STATE, COUNTY AND MUNICIPAL EMPLOYEES ) ) Petitioner ) ) and ) ) MAINE STATE EMPLOYEES ASSOCIATION ) ) Petitioner ) & Intervenor ) ) and ) ) MAINE STATE TROOPERS ASSOCIATION ) ) INTERLOCUTORY DECISION Intervenor ) ) OF APPELLATE PROCEEDINGS and ) ) BEFORE THE LOCAL 1435, RETAIL CLERKS INTERNATIONAL ) ASSOCIATION ) MAINE LABOR RELATIONS BOARD ) Petitioner ) ) and ) ) OFFICE OF STATE EMPLOYEE RELATIONS of ) the State of Maine ) ) Petitioner ) ) and ) ) MAINE TEACHERS ASSOCIATION ) ) Petitioner ) ) and ) ) LOCAL 333, UNITED MARINE DIVISION ) ) Petitioner ) ) and ) ) MAINE STATE NURSES ASSOCIATION ) ) Petitioner ) & Intervenor ) __________________________________________) On September 22, 1976, the Executive Director of the Maine Labor Relations Board issued a Unit Determination Report pursuant to Section 979-E of the State Employees Labor Relations Act. That report determined that there should be seven bargaining units for state employees who are eligible for collective bargaining and fall within the definition of "state employee" as defined in Section 979-A, paragraph 6 of the State Employees Labor Relations Act and also assigned the [-1-] ________________________________________________________________________________ particular job categories involved to the foregoing seven bargaining units. Subsequent thereto, various appeals were entered to that decision pursuant to Section 979-G of the State Employees Labor Relations Act. Two Appellants, the Maine State Employees Association and the Office of State Employee Relations both entered appeals on October 7, 1976, said appeals raising issues, among others, pertaining to unclassified employees in the State service. Accordingly, this Interlocutory Decision of the Maine Labor Relations Board will pertain only to the disposition of unclassified positions in State service on which this Board is prepared to make a determination as to (a) eligibility for collective bargaining pursuant to Section 979-A of the State Employees Act and (b) if so eligible, placement into the appropriate bargaining unit. The Executive Director of the Maine Potato Commission (U076) should be and hereby is excluded from inclusion in a bargaining unit under the provisions of Section 979-A, paragraph 6(D) of the State Employees Labor Relations Act. Assistant District Attorneys (U20l) should be exempted from coverage under the State Employees Labor Relations Act because these persons are subject to a joint employment relationship and for purposes of this Act are tantamount to being County employees since they are hired by the local District Attorney and their funding is contingent on County support. Therefore, we feel that the Assistant District Attorney classification does not qualify as a "state employee" and therefore, should be exempted from collective bargaining coverage under the provisions of Section 979-A, paragraph 6 of the State Employees Labor Relations Act. The Chief Medical Examiner (U434) should be and hereby is excluded from coverage pursuant to Section 979-A, paragraph 6(B) of the State Employees Labor Relations Act. The Assistant Program Coordinator (U402) and the Program Coordinator (U401) at the Bicentennial Commission will become vacant positions in July of 1977. As such, it is our conclusion that these persons are temporary employees and should be and hereby are excluded under the provisions of Section 979-A, paragraph 6(F) of the State Employees Labor Relations Act. In the Department of Business Regulation, the positions of Superintendent of Banks and Banking (U033), Superintendent of Consumer Protection (U036) and Superintendent of Insurance (U034) are all special appointive positions as defined in Section 979-A paragraph 6(B) of the State Employees Labor Relations Act and therefore, should be and hereby are excluded from collective bargaining. In the Department of Conservation, the positions of Director of Forestry (U070), Director of LURC (U066), Director of Parks and Recreation (U069) and Director of Public Lands (U067) are all appointed positions within the contemplation of Section 979-A, paragraph 6(B) of the State Employees Labor Relations Act and, therefore, should be and hereby are excluded from collective bargaining. -2- ________________________________________________________________________________ In the Department of Education and Cultural Services, we concur with the agreement of the parties to include the position of Director of Adult Education, SMVTI (U208) in the Professional and Technical Services Unit. Both the Director of the Historic Preservation Commission (U073) and the Director of the Museum Bureau (U072) should be and hereby are excluded from bargaining under the provisions of Section 979-A, paragraph 6(D). The Principal of the Baxter School (U212) should be and hereby is properly placed in the Supervisory Services Unit. The position of Vocational Trades Instructor (U369) is found primarily in the Department of Education and Cultural Services but also in the Departments of Mental Health and Personnel. While this Board is cognizant of the desires of the Petitioner Maine Teachers Association to establish a separate bargaining unit for this job category, we feel the establishment of a separate bargaining unit for those "teachers" who are Vocational Trades Instructors at the Vocational and Technical Institutes would be in violation of the statutory mandate to avoid excessive fragmentation as is found in Section 979-E, paragraph 2 of the State Employees Labor Relations Act. Accordingly, we concur with the Unit Determination Report below that Vocational Trades Instructors should be placed in the Professional and Technical Services Unit. We find further support for our position by the fact that the Vocational and Trades Instructors sought to be established in a separate bargaining unit by the Petitioning Maine Teachers Association represent only a fraction of the total number of Vocational and Trades Instructors throughout State service. We believe the policies underlying public sector collective bargaining are best served by not splitting classifications into more than one bargaining unit and, accordingly, we reaffirm the placement of the Vocational and Trades Instructors in the Professional and Technical Services Unit. In examining the Comprehensive Employment and Training Act (CETA) Staff, the positions of Director, Manpower Services Council (U256) and Director of Operations, CETA (U229) both should be and hereby are placed in the Supervisory Services Unit. The position of Director, Office CETA Planning (U029) should be and hereby is excluded from the collective bargaining process as it falls within the exclusion set forth in Section 979-A, paragraph 6(D) of the State Employees Labor Relations Act. We make no decision with respect to the position of Office Manager (U566) in the CETA Staff Organization as it is our understanding from the testimony offered that this position is presently empty and therefore, is not ripe for decision at this time. It is our understanding that the position of Director, Child and Youth Services (U708) is scheduled to end on or about January 1, 1977; therefore, we hold this position to be temporary in nature and thereby exclude it from bargaining under the provisions of Section 979-A, paragraph 6(F) of the State Employees Labor Relations Act. We abstain from rendering a decision on the position of Executive Director of the Governor's Council on Women (U172) as it is our understanding from the testimony offered that this position is currently in an "inactive status" which can be resolved by unit clarification proceedings when and if it is reactivated. -3- ________________________________________________________________________________ The position of Executive Director, Criminal Justice Planning and Assistance Agency (U163) should be and hereby is exempted from collective bargaining pursuant to the provisions of Section 979-A, paragraph 6(D) of the State Employees Labor Relations Act. The position of Director, Office Energy Resources (U028) should be and hereby is exempted from collective bargaining under the provisions of Section 979-A, paragraph 6(B) of the State Employees Labor Relations Act. We believe the following positions which are considered as personal staff members to the Governor should be exempted from collective bargaining pursuant to Section 969-A, paragraph 6(C) of the State Employees Labor Relations Act: Canadian Affairs Coordinator (U400) Office Manager (U566) Federal Activities Impact Coordinator (U228) Federal State Coordinator (U455) Municipal Coordinator (U399) Office Coordinator (U227) Policy Coordinator (U215) and Program Coordinator (U401) In the State Development Office we find that the Director, State Develop- ment Office (U011) should be and is excluded from collective bargaining pursuant to the provisions of Section 979-A, paragraph 6(D) under the State Employees Labor Relations Act. In the State Planning Office, we affirm the decision of the Executive Director which established that the Fiscal Officer (U155) should be excluded as a confidential employee under the provisions of Section 979-A, paragraph 6(C) of the State Employees Labor Relations Act. We affirm the agreement of the parties that the Director of Economic Planning (U424) should be placed in the Supervisory Services Unit. The Director of the State Planning Office (U026) should be and hereby is excluded from collective bargaining under the provisions of Section 979-A, paragraph 6(B) of the State Employees Labor Relations Act. In the Department of Finance and Administration, the positions of Director, Alcoholic Beverages (U058), Director Bureau of Public Improvements (U059), State Purchasing Agent (U060), and State Tax Assessor (U061) should be and hereby are excluded from collective bargaining under the provisions of Section 979-A, paragraph 6(C) of the State Employees Labor Relations Act. The Executive Director of the Human Rights Commission (U042) should be and hereby is excluded from the collective bargaining process pursuant to Section 979-A, paragraph 6(D) of the State Employees Labor Relations Act. At the Department of Human Services, the positions of Director, Bureau of Maine's Elderly (U054) and Director Bureau of Resource Development (U055) should be and hereby are excluded from the collective bargaining process pursuant to -4- ________________________________________________________________________________ Section 979-A, paragraph 6(B) of the State Employees Labor Relations Act. The Director of the Lottery Commission (U023) should be and hereby is excluded from the collective bargaining process pursuant to Section 979-A, paragraph 6(D) of the State Employees Labor Relations Act. The Manager of the Maine Guarantee Authority (U057) should be and hereby is excluded from the collective bargaining process pursuant to Section 979-A, paragraph 6(D) of the State Employees Labor Relations Act. In the Department of Manpower Affairs, the Chief of the Boiler and Elevator Division (U180) should remain in the Supervisory Services Unit and in this respect we affirm the decision of the Executive Director below. The Director of the Bureau of Labor (U064) should be and hereby is excluded from collective bargaining pursuant to Section 979-A, paragraph 6(B) of the State Employees Labor Relations Act. In the Department of Mental Health and Corrections, the position of Hospital Superintendent (U157) should be and hereby is excluded from collective bargaining pursuant to Section 979-A, paragraph 6(B) of the State Employees Labor Relations Act. The position of School Principal (U158) should be placed in the Supervisory Services Unit and, in this respect, we affirm the decision of the Executive Director below. The Executive Director of the Board of Nursing (U168) should be and hereby is excluded from the collective bargaining process pursuant to Section 979-A, paragraph 6(D) of the State Employees Labor Relations Act. The Assistant Executive Director of the Board of Nursing (U169) should be and hereby is properly placed in the Supervisory Services Unit. At the Public Utilities Commission, the Director of Economics and Finance (U372) and the Director of Transportation (U161) both should be and hereby are excluded from collective bargaining pursuant to Section 979-A, paragraph 6(D) of the State Employees Labor Relations Act. The Secretary of the Public Utilities Commission (U160) should be and hereby is excluded from collective bargaining pursuant to Section 979-A, paragraph 6(C) of the State Employees Labor Relations Act. The Director of the Maine State Retirement System (U049) should be and hereby is excluded from collective bargaining pursuant to Section 979-A, para- graph 6(D) of the State Employees Labor Relations Act. The Executive Secretary of the Sardine Council (U170) should be and hereby is excluded from the collective bargaining process pursuant to Section 979-A, paragraph 6(D) of the State Employees Labor Relations Act. The position of Director, VTI (U195) results from appointments by the State Board of Education and, accordingly, we believe should be excluded from the -5- ________________________________________________________________________________ collective bargaining process pursuant to Section 979-A, paragraph 6(D) of the State Employees Labor Relations Act. We affirm the agreement of the parties to place the Director of Fraud Investigation (U174) in the Supervisory Services Unit as stipulated by Form 1 entered on November 19, 1976. The position of Executive Director of the Arts and Humanities Commission (U071) should be and hereby is excluded from collective bargaining pursuant to Section 979-A, paragraph 6(D) of the State Employees Labor Relations Act. We refrain from making any ruling as to the position of Houseman (No Class Code) employed by the Executive Department as it is our understanding from testimony offered at the appeals hearings that this position is non-existent. We affirm the decision of the Executive Director below in holding that the Laundress (U656) and Maid (U658) both employed in the Executive Living Quarters should be excluded from the collective bargaining process pursuant to Section 979-A paragraph 6(C) of the State Employees Labor Relations Act. We affirm the decision of the Executive Director below that the Chef, Blaine House (U661) should be and hereby is excluded from the collective bargaining process for the same reasons that the other members of the Governor's personal staff were excluded earlier in this paragraph. The positions of Counsel (U373), Assistant Attorney General (U179) and Senior Attorney General (U204) are all appointed by and serve at the pleasure of the Attorney General. Accordingly, we find that none of these job categories has the specified term required for exclusion under Section 979-A, paragraph 6, sub- paragraph B, of the State Employees Labor Relations Act. By the same token, none of the three foregoing positions are commonly known as a "department or division head" nor is their appointment for an unspecified term "by the Governor or by a body having appointive power within the Executive Department," which would justify excluding these positions pursuant to Section 979-A, paragraph 6, subparagraph D, of the State Employees Labor Relations Act. To the extent that either Counsel or Assistant Attorney General positions are entry level positions, there was no evidence presented below or to this Board which indicates that the probationary period for these positions is equal to or less than six (6) months; therefore, the positions are not, per se, excluded under the provisions of Section 979-A, paragraph 6, subparagraph E, of the State Employees Labor Relations Act. There- fore, we are left with considering whether the three foregoing legal positions are excluded from coverage under the State Employees Labor Relations Act because of their "confidential relationship" with respect to the exclusionary provisions found in Section 979-A, paragraph 6, subparagraph C, of the State Employees Labor Relations Act. It is our determination that any employee in the three foregoing job categories who is permanently assigned to collective bargaining functions, employee relations matters or renders advice on a regularly assigned basis to management personnel regarding either collective bargaining or -6- ________________________________________________________________________________ employee relations matters should be and hereby is excluded under the provi- sions of Section 979-A, paragraph 6, subparagraph C, of the State Employees Labor Relations Act. All employees in the three foregoing job categories who are not excluded because of such assignment(s) should be and hereby are included in the Professional and Technical Services Unit of the State Employees Unit Determination Report dated September 22, 1976. Considering the position of Director of Geology (U068) in the Conservation Department, it is our finding from OSER Appellate Exhibit #26 that this person is appointed by the Commissioner for an unstipulated term of office. Accordingly, this position would not be excluded from collective bargaining under the provisions of Section 979-A(6)(D), of the State Employees Labor Relations Act since the appointment is not for a specified term. On the other hand, the appointment to this position is made by the Commissioner, not by "the Governor or by a body having appointive power within the Executive Department" and, therefore, it is not excluded under the provisions of Section 979-A(6)(D) of the State Employees Labor Relations Act. This Board was not presented with sufficient evidence to find that the Director of Geology performs functions with respect to the collective bargaining process which would place him in a "confidential relationship" such as to exclude the position under the provisions of Section 979-A(6)(C) of the State Employees Labor Relations Act. Accordingly, this position, then, should be placed in the Supervisory Services Unit of the State Employees Unit Determination Report issued on September 22, 1976. When and if the manner of appointment of this particular position is clarified so as to conform to either the (6)(B) or the (6)(D) exclusions set forth in Section 979-A of the State Employees Labor Relations Act, the matter of placement may be resolved by unit clarification proceedings as contemplated in Section 979-E, paragraph 3, of the State Employees Labor Relations Act. Our review of the positions of Director, Civil Emergency Preparedness (U053) and Director of Veteran Services (U052) indicate (pursuant to OSER Appellate Exhibit No. 26) that both positions are appointed by and serve at the pleasure of the Adjutant General. Accordingly, it is our finding that the unspecified term for these two positions does not qualify them for exclusion under the provisions of Section 979-A, paragraph 6, subparagraph B, nor is their appointment "by the Governor or by a body having appointive power" such as to exclude them from coverage under the provisions of Section 979-A, para- graph D, of the Act. While the salary for both positions is established under Title 2, MRSA, Section 6, we do not think that this criteria alone is sufficient to exclude the positions from collective bargaining as there are contract benefits, in addition to wages, which can be bargained on behalf and in the in- terest of members of the bargaining unit. Furthermore, since the financial package ultimately presented for ratification is subject to legislative approval, the legislative process to appropriate and approve collective bargaining agree- ments can also be used to make necessary amendments to Title 2 salary require- ments if and as negotiated by the parties at the bargaining table. Presently, -7- ________________________________________________________________________________ it is our opinion that these two positions, Director of Civil Emergency Preparedness and Director of Veteran Services, should be placed in the Supervisory Services Unit of the State Employees Unit Determination Report dated September 22, 1976. When and if the method of appointment of these two positions is changed to be consistent with the exclusions set forth in paragraph 6, subparagraphs B or D of Section 979-A, of the State Employees Labor Relations Act, the matter of the appropriateness of continuing inclusion of these job categories in bargaining units may be raised under unit clari- fication procedures as provided in Section 979-E, paragraph 3, of the Act. Our examination of the position of Principal Practical School of Nursing (U213) does not reveal sufficient evidence to exclude it as a "confidential" position under Section 979-A(6)(C), of the State Employees Labor Relations Act. There was no evidence presented below or in the appellate documents submitted to this Board showing that this position functions within the collective bargaining procedures established by the State Employees Labor Relations Act or that the person filling this position is "appointed by the Governor or by a body having appointive power within the Executive Department" such as to exclude it under the provisions of Section 979-A(6)(D) of the SELRA. It is our understanding that this position has been covered under the VTI Master Contract in the past and that the person filling this position is hired as a Principal-Instructor with a "base stipend" beinq paid for instructor duties and an additional stipend for the Principal duties. Therefore, we affirm the decision of the Executive Director below and maintain that this position should be included in the Supervisory Services Unit of the State Employees Unit Determination Report dated September 22, 1976. The position of Deputy Director, State Development Office (U156) is appropriately placed in the Supervisory Services Unit and, accordingly, we affirm the decision of the Executive Director below with respect thereto. In the Department of Mental Health & Corrections, the positions of Director, Corrections (U082); Director, Mental Health (U080); Director, Mental Retardation (U081) and Prison Warden (U231) were all excluded by the Executive Director below. While we are uncertain as to the motives behind these positions being included on OSHA Appellate Exhibit #27, "State Appeal of Unclassified Positions by Department," we do not see that they have been raised to this proceeding by any party adversely affected in interest by the decision below and, therefore, affirm the decision below excluding these positions from the coverage of the State Employees Labor Relations Act. In the Department of Public Safety, the positions of Director, Liquor Enforcement (U218) and State Fire Marshall (U2l7) were clarified by the subse- quent testimony of Captain William Brown which indicated the negotiations procedures and committee structure within that department. Accordingly, we can see from additional testimony that these two positions will be actively involved in the bargaining process involving the Department of Public Safety and, as such, exclude them as having "a confidential relationship" within -8- ________________________________________________________________________________ the meaning of Section 979-A, paragraph 6, subparagraph C, of the State Employees Labor Relations Act. As the result of this additional testimony, we consciously remove these two positions from the Supervisory Services Unit, as determined below, and place them in an "excluded" category pursuant to the foregoing statutory reference. The position of Director of Program Review and Evaluation (U173), which is a single incumbent classification within the Department of Audit, is, pursuant to OSER Appellate Exhibit No. 26, appointed by the State Auditor and serves at his pleasure. Accordingly, this method of appointment does not qualify this position for an exclusion (because of the nature of the appointing authority) pursuant to Section 979-A, paragraph 6, subparagraph D. There is no evidence that this person will be performing collective bargaining or employee relations duties within the exclusionary contemplation of Section 979-A, para- graph 6, subparagraph C. Accordingly, we reverse the decision of the Executive Director below and direct that this position be carried as an unclassified position included in the Supervisory Services Unit of the State Employees Unit Determination Report dated September 22, 1976. If and when the method of appointment of this position changes in order to make it suitable for an exclusion as provided in Section 979-A, paragraph 6, of the State Employees Labor Relations Act, this matter may be rectified by a unit clarification proceeding as contemplated in Section 979-E, paragraph 3, of that Act. In reviewing the position of Director of Staff Development (U027) which exists at Bangor Mental Health Institute and Pineland Training Center, and the position of Assistant Director, Vocational Technical Institute (U196), we find that both of these positions should be excluded from collective bargain- ing units and, accordingly, affirm the decision of the Executive Director below with respect thereto. * * * * * It is our intention that the issuance of this Interlocutory Decision with respect to unclassified positions will enable the parties to clarify the placement of the foregoing unclassified positions within or without the bar- gaining units established in the State Employees Unit Determination Report of September 22, 1976. At such time as our deliberations with respect to classi- fied positions are completed, an additional report with respect thereto will be issued and the contents of this report incorporated therein by reference in order to formulate a complete package regarding both classified and unclassi- fied positions which were raised to this Board on appeal. -9- ________________________________________________________________________________ Dated at Augusta, Maine, this 2nd day of February, 1977. MAINE LABOR RELATIONS BOARD /s/________________________________________ Walter E. Corey, Chairman /s/________________________________________ Robert D. Curley, Employer Representative /s/________________________________________ Michael Schoonjans, Employee Representative -10- ________________________________________________________________________________ STATE OF MAINE MAINE LABOR RELATIONS BOARD [Case No. 77-A-02] [Issued: March 17, 1977] _________________________________________ ) COUNCIL NO. 74, AMERICAN FEDERATION ) OF STATE, COUNTY AND MUNICIPAL EMPLOYEES ) ) Petitioner ) ) and ) ) MAINE STATE EMPLOYEES ASSOCIATION ) ) Petitioner ) & Intervenor ) and ) ) MAINE STATE TROOPERS ASSOCIATION ) ) Intervenor ) ) and ) LOCAL 1435, RETAIL CLERKS INTERNATIONAL ) DECISION ASSOCIATION ) ) OF APPELLATE PROCEEDINGS Petitioner ) ) BEFORE THE and ) ) MAINE LABOR RELATIONS BOARD 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 ) _________________________________________) On September 22, 1976, the Executive Director of the Maine Labor Relations Board issued a Unit Determination Report pursuant to Section 979-E of the State Employees Labor Relations Act. That report determined that there should be seven bargaining units for state employees who are eligible for collective bargaining and fall within the definition of "state employee" as defined in Section 979-A, paragraph 6 of the State Employees Labor Relations Act. It also assigned the Job categories of eligible employees to the seven bargaining units. [-1-] ________________________________________________________________________________ Subsequent to the issuance of the Unit Determination Report, an appeal under 26 M.R.S.A. 979-G was filed by Robert Bourgault, Director of Field Services, Maine Teachers Association, on October 6, 1976; by Charles W. Sherburne, Execu- tive Director, Council #74 American Federation of State, County & Municipal Employees, on October 7, 1976; by John W. Litwinowich, Maine Coastal Warden, on October 7, 1976; by John J. Finn, Staff Counsel, Maine State Employees Asso- ciation, on October 7, 1976; and by John J. Sears, Director of Representation, Office of State Employee Relations, on October 7, 1976. This matter came to be heard by the Maine Labor Relations Board on November 5, 1976; November 17, 1976; November 24, 1976; December 6, 1976; December 7, 1976; and February 22, 1977, Chairman Walter E. Corey presiding, with Robert D. Curley, Employer Representative and Michael Schoonjans, Employee Representative. On January 17, 1977, the Maine Labor Relations Board issued a Decision and Order on the State Police Services Unit and ordered the Executive Director pro- ceed with a secret ballot election in the State Police Services Unit. On January 17, 1977, the Maine Labor Relations Board issued a Decision and Order on the Motions to Dismiss which were filed during the appeal hearings. On February 2, 1977, the Maine Labor Relations Board issued an Interlocutory Decision of Appel- late Proceedings before the Maine Labor Relations Board which addressed the un- classified positions under appeal, with the exception of the Director, Maine Criminal Justice Academy, which will be addressed later in this decision. A stipulation was filed with the Maine Labor Relations Board on February 2, 1977 and signed by John J. Sears, Esquire, for the Office of State Employee Relations, John J. Finn, Esquire, for the Maine State Employees Association and Charles Sherburne, Executive Director for Council No. 74, American Federation of State, County and Municipal Employees which stated as follows: It is hereby agreed and stipulated by the parties hereto that: 1. Agreements as to bargaining units as entered into by the parties to this stipulation on October 20, 1976; October 21, 1976; November 12, 1976; and November 19, 1976, re- spectively, and as filed with the Maine Labor Relations Board on October 21, 1976; November 15, 1976; and November 22, 1976, respectively, were executed after the State Employee Unit Determination Report of September 22, 1976, with the intention that said Form 1 Agreements would eliminate appeals to the Maine Labor Relations Board with respect to any job categories listed thereon. 2. The execution of the aforesaid Form 1 Agreements resulted from a finding of a community of interest among the job categories listed thereon by the parties who were signatories thereto. Dated: Feb. 1, 1977 ___/s/ John J. Sears_________________ John J. Sears, Esquire Office of State Employee Relations Dated: Feb. 1, 1977 ___/s/ John J. Finn__________________ John J. Finn, Esquire Maine State Employees Association Dated: Feb. 2, 1977 ___/s/ Charles Sherburne_____________ Charles Sherburne, Executive Director Council No. 74, American Federation of State, County and Municipal Employees -2- ________________________________________________________________________________ On February 7, 1977, the Maine Labor Relations Board issued a Decision and Order on the Administrative Services Unit and the Institutional Services Unit and ordered the Executive Director to proceed with a secret ballot election in the Administrative Services Unit and the Institutional Services Unit. The statement in the Decision and Order dated February 7, 1977 that the position of Administrative Secretary I remains unresolved should be modified since the position of Administrative Secretary I was resolved for the purposes of the appellate pro- ceedings on January 17, 1977 in the Decision and Order on the Motion to Dismiss by the granting of the Motion to Dismiss filed by John J. Finn, Staff Counsel Maine State Employees Association, on November 17, 1976, with respect to the job classi- fication of Administrative Secretary I. This decision, based upon a review of the letters of appeal, the documents submitted at the hearing and the stipulations and aqreements submitted by the parties, as well as having observed the demeanor of the witnesses testifying at the hearing, will address the remaining job classifications in dispute and make a determination as to (a) eligibility for collective bargaining pursuant to Section 979-A of the State Employees Labor Relations Act and (b) if eligible, placement into the appropriate bargaining unit. In the Department of Public Safety, the position of State Police Captain (7004) was placed in the supervisory bargaining unit by the Executive Director. It is our determination that the placement by the Executive Director is appropriate unless the employee in the State Police Captain position is permanently assigned to collective bargaining functions, employee relations matters or renders advice on a regularly assigned basis to management personnel regarding either collective bargaining or employee relations matters. If a person is engaged in such collective bargaining activities he should be and hereby is excluded under the provisions of Section 979-A, 6, Sub C of the State Employees Labor Relations Act. All employees in the foregoing position who are not excluded because of such assignments should be and hereby are included in a Supervisory Services unit of the State Employees Unit Determina- tion report dated September 22, 1976. The Liquor Inspector II (7262) was placed in the Law Enforcement Services Unit by the Executive Director, but because of his super- visory duties should be and hereby is placed in the Supervisory Services bargaining unit. In the Department of Finance and Administration, the positions of Director, Retail Stores (0240), and Retail Stores Supervisor (0247) do not necessarily imply a confiden- tial relationship as contemplated by 979-A, 6, Sub C of the State Employees Labor Relations Act. And the foregoing positions should be and hereby are included in the Supervisory Services bargaining unit affirming the decision of the Executive Director. The positions Budget Examiner I (0381) and Budget Examiner II (0382) work with personnel and budget matters which necessarily imply a confidential relationship as contemplated by 979-A, 6, Sub C, of the State Employee Labor Relations Act and should be and hereby are excluded from collective bargaining. The position of Accounts Systems Analyst (0325) is privy to confidential information as contemplated by 979-A, 6, Sub C, of the State Employees Labor Relations Act and hereby is excluded from collective bargaining. The position of Chief Buyer (0254) has sufficient management control duties as contemplated by 979-E, 1, of the State Employees Labor Relations -3- ________________________________________________________________________________ Act and should be and hereby is included in the Supervisory Services bargaining unit. The position Administrator Physical Plant (8250) should be and hereby is excluded from collective bargaining as a confidential employee under 979-A, 6; Sub C, of the State Employees Labor Relations Act. The position of Director, Inheritance Tax, (0513) is a supervisory position as contemplated by 979-E, 1, of the State Employees Labor Relations Act, and we hereby affirm the decision of the Executive Director to include the position in the Supervisory Services bargaining unit. The position of Electrician Foreman (8212) was assigned by the Executive Director to the Professional and Technical Services Unit, but the position has sufficient supervisory duties as contemplated by 979-E, 1, of the State Employees Labor Relations Act to be and hereby is included in the Supervisory Services bargaining unit. The position Deputy State Purchasing Agent (0253) is a confidential position as defined in 979-A, 6, Sub C and should be and hereby is excluded from collective bargaining. In the Department of Agriculture, the positions Director, Animal Industry (9156); Director, Animal Welfare (9157); Director, Division of Markets (9166); Director of Inspection (9184); and Director, Plant industry (9138), were included by the Executive Director in the Supervisory Services bargaining unit. We find sufficient supervisory duties in the foregoing positions as defined in 979-E, 1, of the State Employees Labor Relations Act and hereby affirm the decision of the Executive Director including the foregoing positions in the Supervisory Services bargaining unit. In the Department of Conservation, the positions Supervisor, Park Acquisition and Development (9224); Supervisor, Park Management and Operations (9233); and Director, Forest Management (9440), were included by the Executive Director in the Supervisory Services bargaining unit. We find that the foregoing positions have sufficient super- visory duties as contemplated by 979-E, 1, of the State Employees Labor Relations Act to be and hereby are included in the Supervisory Services bargaining unit. We also affirm the decision of the Executive Director in including the position State Entomolo- gist (9414) in the Professional and Technical Services bargaining unit. In the Depart- ment of Educational and Cultural Services, the position Director, Division of Finance, Education and Cultural Services (3073) necessarily implies a confidential relationship as defined in 979-A, 6, Sub C, of the State Employees Labor Relations Act and should be and hereby is excluded from collective bargaining. In the Department of Human Services, the positions Director, Public Information and Education, Health and Welfare (0825); Director of Social Welfare (5019); Director, State Health Planning and Administration (5055); and Executive Director, Human Services Council (5085) necessarily imply a confidential relationship as defined in 979-A, 6, Sub C, and should be and hereby are excluded from collective bargaining. In the Department of Inland Fisheries and Wildlife, the position Biologist IV (9354) was included in the Professional and Technical Services bargaining unit by the Executive Director. We find that the foregoing position was properly included in the Professional and Technical bargaining unit and hereby affirm the decision of the Execu- tive Director. The positions of Supervisor, Baxter State Park (9428); Assistant Chief Game Warden (9514); and Director, Recreational Vehicle Registration and Safety (9602) perform sufficient management control functions as defined by 979-E, 1, and should -4- ________________________________________________________________________________ be and hereby are included in the Supervisory Services bargaining unit. In the Lottery Commission, the position of Deputy Director of State Lottery (0583) is presently a vacant position. The Board will take no action on the unfilled position and, if and when the position is filled, a dispute concerning the placement of the position in a bargaining unit may be resolved by unit clarification proceedings as con- templated in 979-E, 3 of the State Employees Labor Relations Act. In the Department of Manpower Affairs, the position of Division Director of Man- power Affairs (0726) is a confidential position as defined in 979-A, 6, Sub C, of the State Employees Labor Relations Act and should be and hereby is excluded from collective bargaining. In the Department of Mental Health and Corrections, the position of Chief Account- ant Mental Health and Corrections (0339) is a confidential position as contemplated by 979-A, 6, Sub C, of the State Employees Labor Relations Act and should be and hereby is excluded from collective bargaining. The positions of Deputy Prison Warden (5224); Assistant Superintendent of Corrections (5238); Director of Probation and Parole (5264); Director of Mental Health Retardation Facilities (5277); Assistant Director, Bureau of Corrections (5278); and the Superintendent of the Military and Naval Children's Home (5301) were determined by the Executive Director to be in the Supervisory Services unit. We find that the foregoing positions have been involved with control duties as contemplated by 979-E, 1, of the State Employees Labor Relations Act, and we hereby affirm the decision of the Executive Director. The position, Chief of Prison Security (5228), has sufficient management control duties as contemplated in 979-E of the State Employees Labor Relations Act and should be included in the Super- visory Services bargaining unit. The position, Clinical Director (5240), necessarily implies a confidential relationship as contemplated by 979-A, 6, Sub C, of the State Employees Labor Relations Act and should be and hereby is excluded from collective bargaining. The positions, Mental Retardation Planning Coordinator (4319) and Super- visor, Special Services, Mental Health and Corrections (4105), should be and hereby are assigned to the Professional and Technical Services bargaining unit. In the State Department, the positions of Assistant Director of Motor Vehicles (0610) and Chief, Bureau of Driver Licenses (7309), have management control duties as de- fined in 979-E, 1, of the State Employees Labor Relations Act, and we hereby affirm the decision of the Executive Director including the foregoing positions in the Super- visory Services bargaining unit. In the Department of Transportation, the positions of Assistant Director, Bureau of Administration (0047) and Highway Equipment Engineer (6328) necessarily imply a confidential relationship as defined in 979-A, 6, Sub C, of the State Employees Labor Relations Act and should be and hereby are excluded from collective bargaining. The position Civil Engineer IV (6346) was included in the Professional and Technical Services unit by the Executive Director. We find that the foregoing position should be included in the Professional and Technical Services unit and hereby affirm the decision of the Executive Director. The position Civil Engineer V (6347) necessarily implies a confidential relationship as defined in 979-A, 6, Sub C, of the State Employees Labor Relations Act and should be and hereby is excluded from collective bargaining. The positions of Director, Highway Staff Prograni (7285); -5- ________________________________________________________________________________ Ferry Service Manager (8475) and Chief Highway Staff Coordinator (7294) have manage- ment control duties as defined in 979-E, 1, of the State Employees Labor Relations Act, and we hereby affirm the placement of the foregoing positions in the Supervisory Services unit by the Executive Director. In the Department of Marine Resources, the position of Director, Public Relations and Marketing (9508), should be and hereby is assigned to the Professional and Tech- nical Services unit. The positions appealed by the Maine State Employees Association and not appealed by the Office of State Employee Relations, including the Game Warden Inspector (9517); Machinist Foreman (8322); Mason Foreman (8222); Painter Foreman (8232); and Plumber Foreman (8243) were included in the Supervisory Services unit by the Executive Director. We find that the foregoing positions have management control functions as contemplated by 979-E, 1, of the State Employees Labor Relations Act, and we hereby affirm the decision of the Executive Director placing these positions in the Supervisory Services unit. The positions of Institutional Business Manager II (0044) and Institutional Business Manager I (0046) have management control functions as defined in 979-E, 1, of the State Employees Labor Relations Act and should be and hereby are included in the Supervisory Services bargaining unit. The position of Lottery Finance Manager (0581) necessarily implies a confidential relationship as contemplated by 979-A, 6, Sub C, of the State Employees Labor Relations Act, and we affirm the decision of the Executive Director which determined the foregoing position was a confidential position. The final position is that of Director, Maine Criminal Justice Academy (U220) which was omitted from the decision on unclassified positions. The foregoing position, like the positions of Director, Corrections (U082); Director, Mental Health (U080); Director, Mental Retardation (U081); and Prison Warden (U231) were all excluded by the Executive Director. Like the four other positions, the position of Director, Maine Criminal Justice Academy (U220), has not been raised in this proceeding by any party in interest adversely affected by the decision below and, therefore, we affirm the decision of the Executive Director excluding the Director, Maine Criminal Justice Academy from the coverage of the State Employees Labor Relations Act. The issuance of this decision resolves all positions appealed as a result of the Unit Determination Report issued by the Executive Director on September 22, 1976, which were not resolved by one of the prior decisions in this matter. We therefore direct the Executive Director to proceed with a secret ballot election as specified in 26 M.R.S.A. 979-F(2) and Rule 3.01 et seq. of the Rules and Procedures of the Maine Labor Relations Board for the Professional and Technical Services Unit, Law Enforce- ment, Public Safety and Regulatory Services Unit, Operations, Maintenance and Support Services Unit, and the Supervisory Personnel Services Unit. Any organizations seeking to appear on the ballot for the Professional and Tech- nical Services Unit, the Law Enforcement, Public Safety and Regulatory Services Unit, the Operations and Maintenance and Support Services Unit, and the Supervisory Personnel Services Unit, other than those who have previously filed petition(s) pursuant to Rule 3.01 of the Rules and Procedures of the Maine Labor Relations Board shall file a -6- ________________________________________________________________________________ petition and showing of interest with the Maine Labor Relations Board within seven (7) days from the date of this Decision and Order. Dated at Augusta, Maine, this 17th day of March,l977. MAINE LABOR RELATIONS BOARD /s/________________________________________ Walter E. Corey, Chairman /s/________________________________________ Robert D. Curley, Employer Representative /s/________________________________________ Michael Schoonjans, Employee Representative -7- ________________________________________________________________________________