Maine State Employees Ass'n v. State Development Office

499 A.2d 165, 1985 Me. LEXIS 824
CourtSupreme Judicial Court of Maine
DecidedOctober 18, 1985
StatusPublished
Cited by3 cases

This text of 499 A.2d 165 (Maine State Employees Ass'n v. State Development Office) 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
Maine State Employees Ass'n v. State Development Office, 499 A.2d 165, 1985 Me. LEXIS 824 (Me. 1985).

Opinion

McKUSICK, Chief Justice.

On February 24, 1984, Maine State Employees Association (MSEA) filed with the Maine Labor Relations Board (the Board) a prohibited practices complaint against the State of Maine and the State Development Office (here jointly called the “State”) alleging that the State had violated the State Employees Labor Relations Act (SEL-RA), 26 M.R.S.A. § 979-C(l)(A) and (11(B),1 by discharging an employee, Thomas Heels, because he had engaged in activity protected by SELRA. In its decision of July 6, 1984, the Board denied MSEA any relief, finding that there was no causal connection between Heels’ discharge and any protected activity on his part. On February 25, 1985, the Superior Court (Kenne-bec County) affirmed the decision of the Board. On MSEA’s appeal to this court, we affirm the judgment of the Superior Court.

I.

Thomas Heels was employed as a development representative by the State Development Office from February of 1978 until August of 1983. Heels was a professional employee serving as a contact person with business and industrial firms. His position was included in the State’s Professional and Technical Services bargaining unit, and Heels was a member of MSEA. From 1980 to 1982, Leslie Stevens was Heels’ immediate supervisor and responsible for Heels’ performance evaluations. In Stevens’ opinion, those evaluations showed “borderline” performance. In July 1982 Steven Bolduc became Heels’ immediate supervisor when Stevens became the director of the State Development Office.

In the fall of 1982, Heels approached Stevens about reclassifying his job position to put it into a higher pay range. Heels told Stevens that he believed that a coworker was being paid a higher salary for [167]*167performing similar duties. Stevens responded that it was none of Heels’ business what a co-worker was making. After receiving no assistance from his supervisors, Heels filled out his own request for a reclassification. He submitted his' written request to Stevens on January 4, 1983, but it was not forwarded to the personnel department until March 3, 1983. The personnel department granted the reclassification the following month.

On January 14, 1983, Bolduc gave Heels his annual performance review. Bolduc considered Heels’ performance “satisfactory” or “near satisfactory” and recommended him for a merit increase. Stevens overrode Bolduc’s recommendation, denying the merit increase and placing Heels on a 90-day reevaluation period. Stevens concluded that Bolduc’s evaluation pointed to the same “borderline” situation that Stevens had found in Heels’ three prior reviews, and that the time had come to show Heels that the issue was serious. Both Bolduc and Stevens believed that Heels was capable of doing a good job and hoped that his performance would improve over the reevaluation period. They told Heels that failure to improve could result in his termination. Dissatisfied with the denial of his merit increase, Heels sought union representation by MSEA. On February 25, 1983, MSEA sent Stevens written notice that Heels would appeal his performance evaluation and merit increase denial to the agency appeals board.

On June 9, 1983, Heels received a memo from Stevens, informing him that his reevaluation period had been extended to July 31, 1983. Stevens told Heels that his performance had not significantly improved during his first reevaluation period and that Heels would be dismissed if he failed to improve during the extension. A couple of weeks later Bolduc formally reprimanded Heels for calling in sick without arranging for someone to take his place at an important business meeting. Heels once again contacted MSEA, and on July 21, 1983, MSEA sent a letter to Stevens notifying him that Heels had filed a second grievance, this time appealing the reprimand.

On August 1,1983, Heels received another memo from Stevens, informing him that the expected improvement in his performance had not been forthcoming. On August 16, 1983, a hearing was held before the agency appeals board on the matter of Heels’ merit increase.2 Ten days later, on August 26, 1983, Stevens demanded Heels’ resignation. Heels said he would think it over during lunch. After lunch, Heels refused to resign, and Stevens fired him.3

II.

In its “prohibited practices” complaint brought before the Board, MSEA asserted that, by firing Heels and taking the actions against him leading up to his termination,4 the State had violated both subsections 1(A) and 1(B) of 26 M.R.S.A. § 979-C. Specifically, MSEA claimed that the State had taken that action because Heels had asserted, individually and through his union, rights guaranteed by SELRA. Therefore, MSEA argued, the State’s action discouraged membership in the union by “discrimination in regard to ... tenure of employment,” in violation of subsection 1(B), and “interfered with ... [Heels and other] employees in the exercise of the rights guar[168]*168anteed in section 979-B” of SELRA, in violation of subsection 1(A).5

After hearing extensive testimony, the Board .held that MSEA had failed to prove the claims asserted by its complaint. The Board found as a fact:

The actions of the State [in regard to his employment] were not the result of Mr. Heels’ exercise of any rights guaranteed under [SELRA]. Despite a chronological coincidence between Mr. Heels’ actions and those of the State, there was no causal connection between the two.

On Rule 80C6 review initiated by MSEA, the Superior Court concluded that the Board’s factual finding of no causal connection was supported by sufficient evidence in the record, and that the Board had committed no error of law in holding that the State had not violated either subsection 1(A) or 1(B). We agree.

Critical to the Board’s decision was its basic finding of fact that there was no causal connection between Heels’ protected activity and any of the State’s actions. As the moving party on its complaint before the Board, MSEA had the burden of proof on that initial fact question. The Board not only found that MSEA had not carried that burden, but made an affirmative determination that the State discharged Heels exclusively for reasons independent of and unrelated to his protected activity. On appeal that finding is unassailable unless clearly erroneous. 26 M.R.S.A. § 979-H(7) (Supp.1984-1985); Sanford Highway Unit v. Town of Sanford, 411 A.2d 1010, 1013-14 (Me.1980). The record evidence of deficiencies in Heels’ job performance, backed up by the Board’s assessment of the testimony of Heels’ supervisors, Stevens and Bolduc, provides rational support for its critical finding of fact.

The Board analyzed this case as presenting “a classic ‘dual motive’ discipline situation,” and it applied the Wright Line causation test developed by the National Labor Relations Board7 for handling such cases under the federal counterpart to subsection 1(B).8 See NLRB v. Transportation Management Corp., 462 U.S. 393, 103 S.Ct. 2469, 76 L.Ed.2d 667 (1983) (approving Wright Line test). Under the Wright Line

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499 A.2d 165, 1985 Me. LEXIS 824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maine-state-employees-assn-v-state-development-office-me-1985.