STATE OF MAINE MAINE LABOR RELATIONS BOARD
Case No. 77-24
_______________________________
)
GEORGE LORD AND M.S.A.D. #41 )
EDUCATORS ASSOCIATION, Town of )
Milo, County of Piscataquis, )
State of Maine, )
)
Complainants )
)
vs. ) DEFAULT JUDGMENT
)
M.S.A.D. #41 BOARD OF )
DIRECTORS, Town of Milo, )
County of Piscataquis, )
State of Maine, )
)
Respondent )
_______________________________)
This case comes to the Maine Labor Relations Board by way of a Prohibited
Practice Complaint dated November 4, 1976 and filed by Milton R. Wright,
Penquis UniServ District Director, on November 10, 1976. The Response to the
aforesaid Complaint was dated November 22, 1976 and filed by Bruce M. Leet,
Director of Labor Relations, Maine School Management, on November 23, 1976.
A pre-hearing conference was held in this matter on Tuesday, December
21, 1976, at 9:30 a.m., in the Bureau of Labor Conference Room, Augusta,
Maine, with Alternate Chairman Donald W. Webber presiding. As a result of
the pre-hearing conference, a Pre-hearing Conference Memorandum and Order
was issued by Mr. Webber on December 22, 1976, the contents of which are
incorporated herein by reference, and which further provided that there
were no disputed fact issues and the matter would be presented to the
Board on briefs.
The Maine Labor Relations Board meeting on February 22, 1977, in
Portland, Maine, proceeded to deliberate on this case, Chairman Walter E.
Corey presiding, with Robert D. Curley, Employer Representative, and
Michael Schoonjans, Employee Representative.
JURISDICTION
Neither party has disputed the jurisdiction of the Maine Labor Relations.
Board in this matter, and we conclude that this Board has jurisdiction to
hear and render a decision in this case as provided in 26 M.R.S.A. 968(5).
FINDINGS OF FACT
Upon review of the Pre-hearing Conference Memorandum and the pleadings,
as well as the records of the Maine Labor Relations Board, we find that:
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1. At all times material herein, the M.S.A.D. #41
Educators Association (hereinafter referred to
as the Association) was the certified bargaining
agent for teachers in M.S.A.D. #41.
2. At all times material herein, George Lord was
employed as a teacher in M.S.A.D. #41 and the
president of the M.S.A.D. #41 Educators Asso-
ciation.
3. On or about December 18, 1975, Bruce Leet was
hired by M.S.A.D. #41 Board of Directors to
conduct all negotiations for M.S.A.D. #41 Board
of Directors (hereinafter referred to as the
Directors).
4. Contract negotiations were held between the Asso-
ciation and the Directors on July 1, 1976; July
15, 1976; July 22, 1976; July 28, 1976; August 9,
1976 and August 10, 1976.
5. At the end of the negotiation session on August 23,
1976, Directors Chief Negotiator, Bruce Leet,
tendered to the Association new contract proposals
on Article VII - Salaries, Article XIII - Dues
Deductions, Article XVIII - Union Privileges,
Article XXII - Discipline and Article XXIII - Hours
of Work, and thereafter no negotiations were con-
ducted by the parties with respect to said proposals.
6. The next negotiation session subsequent to the
August 23, 1976 session occurred on September 9,
1976.
7. A request for fact finding dated August 30, 1976 and
signed by Bruce Leet as petitioner and chief negotia-
tor was filed with the Maine Labor Relations Board on
August 31, 1976, which contained an attached list of
26 issues in controversy including the five articles
contained in paragraph #5 above.
8. The total cost assessed to the Association for the
services of the fact finders as a result of the request
dated August 30, 1976 was $1,212.83.
9. The Pre-hearing Conference Memorandum and Order by
Mr. Webber, dated December 22, 1976, ordered the
parties to file memoranda of law with the Maine Labor
Relations Board and to each other by mailing same on
or before January 21, 1977, and that they file reply
memoranda of law by mailing same to the Maine Labor
Relations Board and to each other on or before February
1, 1977.
10. A memorandum of law dated January 21, 1977 by Milton
Wright on behalf of the Association was received by
the Maine Labor Relations Board on January 24, 1977.
The Maine Labor Relations Board, as of February 22,
1977, had not received a memorandum of law on behalf
of the M.S.A.D. #41 Board of Directors.
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11. On January 26, 1977, a Motion for a Judgment by
Default was filed with the Maine Labor Relations
by Milton Wright, alleging the Directors were in
default and requesting a Judgment by Default with
the appropriate relief be rendered against the
Directors.
DECISION
Rule 4.08 of the Rules and Procedures of the Maine Labor Relations Board
states that the "failure of a respondent to file a brief required by the pre-
siding officer of a conference or hearing may be grounds for entry of a default
judgment against said respondent." The respondent in this case has failed to
comply with the order issued by Mr. Webber, the presiding officer at the pre-
hearing conference, on December 22, 1976, which required memoranda of law be
mailed to the Maine Labor Relations Board on or before January 21, 1977, and
reply memoranda of law on or before February 1, 1977. Since the respondent
has abused the procedures of this Board, we find respondent in default.
JUDGMENT FOR PLAINTIFF.
ORDER
On the basis of the foregoing discussion and by virtue of and pursuant to
the powers granted to the Maine Labor Relations Board by the provisions of
Section 968 of the Municipal Public Employees Labor Relations Act, it is ORDERED:
1. That the M.S.A.D. #41 Board of Directors, their
representatives, servants and agents, cease and
desist from engaging in any of the acts prohibited
by 26 M.R.S.A. 964(1) and especially from refusing
to bargain collectively with the bargaining agent
of the employees as required by Section 965 of the
Municipal Public Employees Labor Relations Law.
2. That the M.S.A.D. #41 Board of Directors forthwith
pay the M.S.A.D. #41 Educators Association compensa-
tory damages attributable to the violation of 26
M.R.S.A. 964(1)(E) of $233.24, together with legal
interest.
3. That within thirty days from the date of this Order,
the M.S.A.D. #41 Board of Directors shall notify in
writing, the Maine Labor Relations Board at its office
in Augusta, Maine, of the steps they have taken to
comply herewith.
Dated at Augusta, Maine, this 25th day of March, 1977.
MAINE LABOR RELATIONS BOARD
/s/________________________________________
Walter E. Corey, Chairman
/s/________________________________________
Robert D. Curley, Employer Reprentative
/s/________________________________________
Michael Schoonjans, Employee Representative
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