# Maranacook Area School Assn v. R.S.U. No. 38 School Board

> Superior Court of Maine · December 11, 2014

URL: https://www.frixlaw.com/law-library/cases/10810402

## Case

- **Court:** Superior Court of Maine
- **Decided:** December 11, 2014
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Robert E. Mullen
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

EN I E RED DEC 3 0 2014

STATE OF MAINE SUPERIOR COURT
KENNEBEC, ss. AUGUSTA
DOCKET NO. AP-14-38
REM~ kEN- 1)-tl-IL\-

MARANACOOK AREA
SCHOOL ASSOCIATION,
Petitioner,

v. ORDER OF COURT

R.S.U. NO. 38 SCHOOL BOARD
et al.,
Respondents.

The undersigned heard oral argument in this matter on October lOth,
2014. In its M.R. Civ. P. SOC• complaint filed May 29.., 2014, the Maranacook Area
School Association(" Association") alleges that the Maine Labor Relations Board
("MLRB") erred by concluding that enforcement of a salary step increase
provision in the parties' expired collective bargaining agreement in arbitration
under 26 M.R.S.A. § 964-A(2) was precluded by the Law Court's holding in Board
of Trustees of the University of Maine System v. Associated COLT Staff of University of
Maine System, 659 A.2d 842 (Me. 1995) (hereinafter "COLT"). The Association
also claims the MLRB committed procedural errors by failing to honor the
Association's request for a hearing in order to create a record and by the hearing
officer declining the Association's request to recuse herself from the case "despite
her conflict of interest."

In addition to the above, in its Brief and at oral argument the Association
also claimed errors were made in relation to:

a) The MLRB denying the Association's request to file a reply to R.S.U.
No. 38 School Board's reply brief;

1 Notwithstanding that petitioner's complaint states the matter is being brought pursuant to Rule
SOB of the Maine Rules of Civil Procedure, the undersigned is confident that the matter is actually
an SOC appeal, see 26 M.R.S.A. § 968(f); City of Augusta v. Maine Labor Relations Bd., 2013 ME 63, bert E. Mullen, Justice
Maine Superior Court

8 In point of fact counsel for the Association was complementary of the Chairperson's expertise

during oral argument and struck the Court as making a point he was not in fact alleging any bias on
the part of the Chairperson.

11
Date Filed 5/29/14 Kennebec Docket No. AP-14-38 F
County
Action: Petition for Review J. Mullen
80B

Maranacook Area School Association vs. RSU No. 38 School Board and
Maine Labor Relations Board

Plaintiff's Attorney Defendant's Attorney

Howard Reben, Esq. Lisa Copenhaver, Esq. (MLRB)
PO Box 7060 90 State House Station
Portland, ME 04112-7060 Augusta, ME 04333-0090

Bruce W. Smith, Esq. (RSU No. 38)
84 Marginal Way, Ste. 600
Portland, ME 04101

Date of Entry

5/30/14 Rule 80B Complaint, filed 5/29/14. s/Reben, Esq.

6/16/14 Letter entering appearance for Maine Labor Relations Board and indicating the Board
seeks affirmance of its 3/21/14 Status Quo Determination, filed. s/Copenhaver, Esq.

6/17/14 Entry of Appearance, filed. s/Smith, Esq.

6/23/14 Notice and Briefing Schedule issued.
Copy to Attys Reben, Copenhaver, Smith.

6/25/14 Acceptance of Service for R.S.U No. 38, filed (6/18/14). s/Reben, Esq.

6/25/14 Acceptance of Service for Maine Labor Relations Board, filed (6/18/14). s/Reben, Esq.

7/1/14 Record, filed 6/26/14. s/Copenhaver, Esq.

9/8/14 Oral Argument scheduled for October 10, 2014 at 10:00 a.m.
Notice to Attys Reben, Copenhaver, Smith

9/15/14 Brief of Petitioner, filed (8/1/14). s/Reben, Esq.

9/15/14 Brief of Respondent, filed (8/29/14). s/Copenhaver, Esq.

9/15/14 Brief of Respondent, filed (9/2/14). s/Smith, Esq.

9/15/14 Brief of Petitioner, filed. s/Reben, Esq.

10/27/14 Oral Argument, held (10/10/14).
Tape 1947 Index 810-2024.
Under advisement

Page 1 AP-14-38
12/11/14 ORDER OF COURT, Mullen, J.
The Court affirms and upholds the Board's determination in this matter.
Copy to Attys Reben, Copenhaver, Smith
Copy to repositories

12/11/14 Notice of removal of Record sent to Atty Copenhaver

Page 2 AP-14-38

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10810402. Public record. Not legal advice.