Section 180-11-30 - Appeal to Board 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.12- 180 C.M.R. ch. 11, § 30