Northern Aroostook Vocational Educators MTA/NEA and Saint John Valley Vocational Cooperative Board, No. 83-UD-13, Affirmed by 83-A-05 (MLRB Feb. 4, 1983) STATE OF MAINE MAINE LABOR RELATIONS BOARD [Case No. 83-UD-13] ________________________________ ) NORTHERN AROOSTOOK VOCATIONAL ) EDUCATORS MTA/NEA ) ) and ) UNIT DETERMINATION REPORT ) SAINT JOHN VALLEY VOCATIONAL ) COOPERATIVE BOARD ) ________________________________) This is a unit determination proceeding, initiated on January 12, 1983 when the Northern Aroostook Vocational Educators MTA/NEA (Union) filed a petition for unit determination pursuant to 26 M.R.S.A. Section 966. A hearing on the petition was held by the undersigned hearing examiner on January 20, 1983 in Augusta, Maine. The Union was represented by UniServ Director Harold Dickinson and the Saint John Valley Vocational Cooperative Board (Board) by Director John Taylor. Fern Martin appeared as a witness for the Union. The hearing examiner determined that the Union is a public employee organization within the meaning of 26 M.R.S.A. Section 967(1) and that the Board is a public employer as defined in 26 M.R.S.A. Section 962(7). The Union seeks by its petition formation of a bargaining unit composed of the Board's professional and nonprofessional employees. The Board challenged certain of the job titles proposed to be included in the unit and urged that the Recording Secretary of the Board is a confidential employee who should be excluded from the unit. After some discussion the parties agreed that the Recording Secretary posi- tion is a confidential position as defined in 26 M.R.S.A. Section 962(6)(C), and that the following positions share a clear and identifiable community of interest: Coordinator Instructor Bookkeeper Instructional Clerk Bills Clerk Tutor Aide Secretary Bus Driver [-1-] ___________________________________________________________________________________ The hearing examiner then challenged the composition of the proposed unit on the ground that it contains both professional and nonprofessional employees, point- ing to the following language in 26 M.R.S.A. Section 966(2): "No unit shall include both professional and nonprofessional employees unless a majority of such professional employees vote for inclusion in such unit . . . " The Union representative stated that the professional employees have voted to be included in a unit with the non- professional employees, and as evidence of the vote he introduced a petition signed by most of the professional employees which states that the signers "desire to have our employment position(s) included in a single bargaining unit containing both pro- fessional and nonprofessional positions." This petition was admitted into the record as Union Exhibit No. 1. The hearing examiner accepts the Union representa- tive's representation and the petition as sufficient efidence that a majority of the professional employees have voted to be included in a unit with the nonprofessional employees, and therefore finds that the language of Section 966(2) has been satis- fied. The hearing examiner accordingly finds pursuant to 26 M.R.S.A. Section 966(1) and (2) that the following bargaining unit is appropriate for purposes of collective bargaining: All Coordinators, Instructors, Bookkeepers, Instructional Clerks, Bills Clerks, Tutors, Aides, Secretaries and Bus Drivers employed by the Saint John Valley Vocational Corrpera- tive Board. The Recording Secretary to the Board is a con- fidential position which is excluded from the bargaining unit. SO ORDERED. Dated at Augusta, Maine this 20th day of January, 1983. MAINE LABOR RELATIONS BOARD /s/__________________________________ Wayne W. Whitney, Jr. Hearing Examiner -2- _________________________________________________________________________________________