Board of Trustees of the University of Maine System v. Associated Colt Staff of the University of Maine System

659 A.2d 842, 1995 Me. LEXIS 104, 149 L.R.R.M. (BNA) 2568
CourtSupreme Judicial Court of Maine
DecidedMay 26, 1995
StatusPublished
Cited by7 cases

This text of 659 A.2d 842 (Board of Trustees of the University of Maine System v. Associated Colt Staff of the University of Maine System) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Trustees of the University of Maine System v. Associated Colt Staff of the University of Maine System, 659 A.2d 842, 1995 Me. LEXIS 104, 149 L.R.R.M. (BNA) 2568 (Me. 1995).

Opinions

CLIFFORD, Justice.

The Associated COLT Staff of the University of Maine System (ACSUM)1 and the Maine Labor Relations Board (Board) appeal from a judgment of the Superior Court (Kennebec County, Alexander, J.) vacating the Board’s decision that the University of Maine System (University) breached its duty to bargain in good faith by discontinuing the annual step increase in wages included as a wage provision in the collective bargaining agreement that had expired. The requirement to bargain and negotiate in good faith includes the obligation to maintain the status quo following the expiration of a contract.2 Applying a “dynamic” status quo rule that it had adopted after the contract had been entered into, the Board imposed on the University a duty to continue paying to its employees the annual step increases in wages included in the expired agreement. The Board concluded that the failure of the University to do so constituted a unilateral change in the status quo prohibited under the law. Beyond the particular unfairness of the application of the dynamic status quo rule retroactively to the facts of this case, such application requires the University to pay wage increases not collectively bargained for and not approved by the University, and thus violates the letter and spirit of the [844]*844Public Employee Labor Relations Law. Accordingly, we affirm the Superior Court.

The University and ACSUM had a collective bargaining agreement of three years’ duration, commencing in 1989, and expiring on June 30, 1992. The agreement contained separate wage scales with an across-the-board increase for each year of the contract. The wage schedule for each year was divided into wage bands for different levels of employment, and each band included six to eight steps based on seniority. The agreement provided that on each of the anniversary dates of the agreement, employees would advance from one lettered step to the next and receive the specified increase in wages. When the agreement expired, the University adhered to the last wage schedule, and discontinued the annual step increases, except as they applied to promotions.

In December 1992, ACSUM filed a prohibited practice complaint with the Board, alleging that the University violated the University of Maine System Labor Relations Act, 26 M.R.S.A. §§ 1021-1035 (1988 & Supp. 1994).3 After a hearing, the Board ruled that the discontinuance of the payment of salary step increases after the expiration of the collective bargaining agreement constituted a unilateral change in the conditions of employment in violation of the University’s duty to bargain pursuant to 26 M.R.S.A. § 1027(1)(A) and (E). The Board ordered the University to continue to advance each employee one step higher on the existing wage scale annually, until the parties agree otherwise or bargain in good faith to impasse.4 In addition, the Board ordered the University to reimburse employees for the wages and interest lost as a result of the delay in granting the first increase following the expiration of the contract.

The University filed a petition for review of final agency action with the Superior Court pursuant to 26 M.R.S.A. § 1029(7) and M.R. Civ.P. 80C. The Superior Court concluded that the Board’s decision was “an improper imposition into the substance of collective bargaining processes” and vacated the Board’s decision. This appeal by the Board and ACSUM followed.

We review the Board’s decision directly, State v. Maine State Employees Ass’n, 538 A.2d 755, 757 (Me.1988), for error of law, abuse of discretion, or clear error. See City of Bangor v. American Fed’n of State, County & Mun. Employees, 449 A.2d 1129, 1134, 1136-37 (Me.1982); 26 M.R.S.A. § 1029(7).

Pursuant to the University of Maine System Labor Relations Act, the University is required to bargain and negotiate in good faith. See 26 M.R.S.A. §§ 1026(1)(C), 1027(1)(A), (E). That requirement includes the obligation to maintain the status quo following the expiration of a contract. See Lane v. Board of Directors of M.S.A.D. No. 8, 447 A.2d 806, 809-10 (Me.1982) (employer may not unilaterally alter terms and conditions of employment after expiration of collective bargaining agreement).

The definition of status quo at the expiration of the collective bargaining agreement is at the crux of this case. Until 1991, the Board had construed status quo to mean that wages existent at the expiration of a collective bargaining agreement were frozen. In doing so, the Board rejected the notion that increases in wages scheduled in the expired contract should be extended beyond the expiration of that contract. M.S.A.D. No. 43 Teachers’ Ass’n v. M.S.A.D. No. 43 Bd. of Directors, 432 A.2d 395, 397-98 (Me.1981). In M.S.A.D. No. 43, we agreed that the application of a static status quo rule to collective bargaining was appropriate.

“To say that the status quo must be maintained during negotiations is one thing; to say that the status quo includes a change and means automatic increases in salary is another. The matter of increments can be negotiated and, if it is agreed that such increments can and should be [845]*845paid, provision can be made for payment retroactively.”

Id. at 397 n. 3 (quoting Board of Coop. Educ. Servs. v. New York State Pub. Employment Relations Bd., 41 N.Y.2d 753, 395 N.Y.S.2d 439, 442, 363 N.E.2d 1174, 1177 (1977)).

In 1991, the Board reversed its previous position and adopted what is known as the dynamic status quo rule, thereby requiring public employers to pay their employees any annual step increases in wages included in an agreement that expired. Auburn Sch. Adm’rs Ass’n v. Auburn Sch. Comm., No. 91-19 (Me. L.R.B. Oct. 8, 1991), consolidated appeals dismissed per stipulation, No. CV-91-459 & -464 (Me. Sup.Ct., And. Cty., Apr. 24, 1992).

To apply the dynamic status quo rule to the circumstances of this case, and require the University to pay increases in wages in an expired collective bargaining agreement that was negotiated at a time when the Board was applying a different status quo rule is particularly unfair. The parties negotiated this contract with the understanding that during any interim period following the expiration of the contract, wages would be frozen and maintained at the level existing on the date of expiration. See M.S.A.D. No. 43, 432 A.2d at 397-98. The Board’s subsequent departure from many years of precedent disregards the parties’ reliance on the prior rule, and places on the University the burden of funding wage increases not budgeted for. See generally Ryan Heating Co. v. NLRB, 942 F.2d 1287, 1289 (8th Cir.1991) (discussing factors that affect determination whether to apply NLRB decision retroactively); Fox Painting Co. v. NLRB, 919 F.2d 53, 56 (6th Cir.1990) (discussing factors).

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659 A.2d 842, 1995 Me. LEXIS 104, 149 L.R.R.M. (BNA) 2568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-trustees-of-the-university-of-maine-system-v-associated-colt-me-1995.