# State v. Maine State Employees Ass'n

> Supreme Judicial Court of Maine · April 6, 1982 · 443 A.2d 948

URL: https://www.frixlaw.com/law-library/cases/9753947

## Case

- **Full name:** STATE of Maine v. MAINE STATE EMPLOYEES ASSOCIATION and Maine Labor Relations Board; MAINE STATE EMPLOYEES ASSOCIATION v. STATE of Maine
- **Court:** Supreme Judicial Court of Maine
- **Decided:** April 6, 1982
- **Citations:** 443 A.2d 948; 113 L.R.R.M. (BNA) 2089; 1982 Me. LEXIS 635
- **Precedential status:** Published
- **Opinion:** Concurrence by Godfrey
- **Judges:** Godfrey, McKusick, God-Frey, Nichols, Roberts, Carter, Wathen
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9753947

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9753947. Public record. Not legal advice.
