Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › UNIT DETERMINATION AND UNIT CLARIFICATION HEARINGS AND APPEALS › Section 180-11-30 - Appeal to Board

Current through 2024-29, July 17, 2024
Any party in interest aggrieved by any ruling or
					 determination of the executive director regarding a representation matter may
					 appeal that ruling or determination to the Board. The appeal must be made in
					 writing and must be made within 15 calendar days of the date of the ruling or
					 determination. Objections to the conduct of an election by a Board agent must
					 be made in accordance with section
					 54 of this Chapter.
1.
Nature of Appeal
. The
				  appellate proceeding is not a hearing
de novo
. On appeal, the
				  Board reviews the decision of the hearing examiner on the basis of the evidence
				  presented to the examiner. An appealing party's request for a transcript of the
				  proceedings before a hearing examiner must be made with the notice of appeal
				  and in accordance with Chapter 10, section
				  9.
2.
Memorandum of Appeal
. Within
				  20 calendar days of the later of either the issuance of the hearing examiner's
				  report and order or service of a requested transcript of the underlying
				  representation proceedings, the appealing party shall file a memorandum of
				  appeal stating, with specificity, all exceptions that it takes to the hearing
				  examiner's findings of fact, conclusions of law or order. The memorandum must
				  contain citations to the specific record evidence or transcript portions which
				  support each of the exceptions. The memorandum of appeal filed with the Board
				  must be filed in accordance with the filing requirements of Chapter 10, section
				  7 and must simultaneously be served on
				  all opposing parties.
3.
Notice of Hearing
. The hearing must be scheduled within a
				  reasonable time from the filing of an appeal. The Board shall give at least
				  7 days' notice of the time and place of
				  such hearing to all parties in interest.
4.
Rights of Parties to the
				  Hearing
. Any party to the appeal proceeding, as determined by the Board,
				  has the right to be represented by counsel or by other representative for the
				  purpose of offering oral argument requested by a party or written argument
				  required by the Board. Stipulations may be offered with respect to any issue.
				  The burden of proving material error on a given issue rests with the party
				  appealing that issue. The Board shall allow oral argument and may require
				  briefs to be submitted. Briefs must be filed in accordance with the filing
				  requirements of Chapter 10, section 7 and must be simultaneously served on all
				  other parties.
5.
Ex
				  Parte
Communications Prohibited
. No party or other person
				  legally interested in the outcome of the appeal may communicate
ex
				  parte
either directly or indirectly with any Board member or assigned
				  Board attorney in connection with any issue of fact, law or
				  procedure.
6.
Powers of the
				  Chair
. The Chair shall have all the powers set forth in Chapter 12,
				  section
				  13 of these Rules.
7.
Decision and Order of the
				  Board
. The Board shall issue its decision and order, in writing,
				  pursuant to and consistent with its powers under 26 M.R.S.A. §§968,
				  979- G, 1028 or 1288. A decision and order must include findings of fact and
				  conclusions of law and must either affirm or modify the ruling or determination
				  of the hearing examiner and specify the reasons for that action. A copy of the
				  decision must be mailed or electronically transmitted to all parties in
				  interest or their representatives of record.