From: Deamaral, Lorna [mailto:Lorna.Deamaral@maine.gov]

Sent: Mon 10/27/2008 3:04 PM

Subject: Interpretive Ruling on which K-12 employer has the duty to bargain during the transition to an RSU.

Dear Labor-Relations Professional:

The Maine Labor Relations Board met today to consider whether it should issue an interpretive ruling on a matter of general concern regarding the duty to bargain during the transition from a School Administrative Unit to a Regional School Unit.  The MLRB voted to ask for input from any interested party and to issue an interpretive ruling on an expedited basis on the following question:

I just came from the monthly meeting of school board on which I currently serve.  Additionally, I'm running for the new RSU board.  At tonight's meeting we were notified that the teacher's union has requested to begin negotiations on a new contract (current contract expires in 2009 after July 1st when our new RSU will officially be in place).  My position is that the current SAU board has no authority to negotiate a new contract, but must defer to the new RSU board.  What do you advise?

This is essentially a redacted version of a question received by the Maine Department of Education which it intended to respond to on its "Frequently Asked Questions" web page.  The Department's request for assistance from the MLRB led to the Board's decision to issue an interpretive ruling on its own initiative, as permitted by 26 MRSA section 968(3).

The MLRB will accept written comment from any person, employee organization or public employer until 5:00 p.m. on Tuesday, November 4, 2008.  The written comment may be in the form of a letter, an email or a written memorandum of law.

Mail should be addressed to: 

Maine Labor Relations Board,

90 State House Station,

Augusta, ME 04333

Courier service (Fed Ex, UPS, etc.) should go to: 

Maine Labor Relations Board,

Elkins Bldg. 2nd Floor,

19 Elkins Lane,

Augusta, ME  04330

The fax number for the MLRB is (207) 287-4416.  Our phone number is (207) 287-2015.

Thank you for your attention in this matter.

Marc P. Ayotte

Executive Director

Maine Labor Relations Board

90 State House Station

Augusta  ME  04333-0090

(207) 287-2015