statute establishing reclassification procedures excludes the subject from mandatory bargaining
How later courts described this case
- statute establishing reclassification procedures excludes the subject from mandatory bargaining
- courts must attribute to statutory language its plain and ordinary meaning
Written by the judges who cited it.
The opinion
GODFREY, Justice,
concurring:
I concur in the result on the ground that the ad hoc determination of questions of classification and allocation that would result from the collective bargaining process would be inconsistent with the systematic resolution of such questions contemplated by the personnel laws, particularly 5 M.R. S.A. §§ 593, 633 & 634. Collective bargaining over classifications and allocations seems to me to be barred by operation of subsection 2 of 26 M.R.S.A. § 979-D(l)(E), which provides as follows:
(2) Paragraph E subparagraph (1) shall not be construed to be in derogation of or contravene the spirit and intent of the merit system principles and personnel laws.