Portland Public Library vs. Portland Teachers Assn., No. CV-81-884, affirming 81-A-02, affirming 81-UD-04 decision on jurisdiction. STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss CIVIL ACTION Docket No. CV-81-884 PORTLAND PUBLIC LIBRARY, ) ) Plaintiff ) vs. ) ORDER ) PORTLAND TEACHERS ASSOCIATION,) ET AL., ) Defendants ) In this case, the Portland Public Library challenges a determination by the Maine Labor Relations Board that the Public Library is a "public employer" as that term is defined in 26 M.R.S.A. 962-7.[fn]1 Appeal is brought pursuant to Rule 80B M.R. Civ. P.[fn]2 and 26 M.R.S.A. 968-4 and 972. The parties have briefed the issues with considerable care. However, the Court does not view the question as particularly close. The administrative record leaves no doubt that the Maine Labor Relations Board findings at pages 2 through 6 of its June 18, 1981 order are supported by substantial evidence in the record ______________________________ 1 "Public employer" means any officer, board, commission, council, committee or other persons or body acting on behalf of any municipality or town or any subdivision thereof, or of any school, water, sewer or other district, or of the Maine Turnpike Authority, or of any county or any subdivisions thereof. 2 Rule 80B was replaced by Rule 80C M.R. Civ. P., effective February 15, 1983. [-1-] ___________________________________________________________________ and, therefore, are not subject to reversal by this Court; Sanford Highway Unit of Local 481 v. Town of Sanford, 411 A.2d 1010 (Me. 1980); Bangor Water District v. Maine Labor Relations Board, 427 A.2d 973, 976 (Me. 1981). With those findings establishing the close relationship of the City and the library, the case is essentially controlled by the principals articulated in Baker Bus Service v. Keith, 416 A.2d 727 (Me. 1980) which govern the conditions under which private or quasi-public entities may become public employers for purposes of application of the Public Employees Labor Relations Act, 26 M.R.S.A. 961 et seq. The result reached by the Maine Labor Relations Board is consistent with those principals; it is not subject to reversal. Therefore, the Court ORDERS and the entry shall be: 1. Appeal DENIED. 2. Order of the Maine Labor Relations Board is AFFIRMED. Date: August 22, 1983 /s/____________________________ DONALD G. ALEXANDER Justice, Superior Court -2- __________________________________________________________________