Section 180-12-41 - Interpretive Rulings An interpretive ruling is a means for determining specific questions as to the prospective rights, obligations or liabilities of a party when controversy or doubt has arisen regarding the applicability of a specific statute, Board order or rule. A petition for an interpretive ruling may not be used to resolve factual disputes between adversaries and may not be used as a substitute for other remedies provided by the collective bargaining laws.
1.Petition for Interpretive Ruling. A petition for an interpretive ruling may be filed with the Board by any person, employee organization or public employer. A petition for an interpretive ruling must be filed in accordance with the filing requirements of Chapter 10, section 7. In order to show the existence of a controversy or doubt, the petitioning party must describe the potential effect upon that party's interests in its petition. The petition must contain the following:A. The name and address of the petitioner;B. The statute, Board order or Board rule on which the interpretive ruling is sought;C. A clear and concise statement of the facts and circumstances and the contemplated action of the petitioner which arguably might elicit the filing of a prohibited act complaint or to which the specified statute, Board order or Board rules and procedures might be applicable; andD. A supporting memorandum of law. If negotiations are in progress and a controversy has arisen concerning the required scope of bargaining, the petition must include a brief description of the positions taken by the parties and copies of all proposals and counterproposals submitted by the parties relating to the dispute.
2.Service of Petition on Other Party. Where any other person, employee organization or public employer is named in the petition, the petitioner shall simultaneously serve a copy of the petition on the named person, employee organization or public employer and provide a certificate of service to the Board.3.Posting of Petition. Upon receipt of a petition for an interpretive ruling, the Board shall post notice of the petition on its internet site.4.Hearing Permitted. The Board, at its discretion, may grant a hearing before the Board or a designated agent.5.Pending Actions Proceed. The filing of a petition for an interpretive ruling does not stay the progress of any proceeding pending before the Board and does not relieve any party of any obligation set forth in the Maine Revised Statutes, any Board order or these rules and procedures.6.Written Memoranda. Any person, employee organization or public employer may file with the Board a written memorandum addressed to the issues raised by the petition within 20 calendar days after the date the notice of the petition is posted on the Board's internet site. The memorandum must be submitted in accordance with the filing requirements of Chapter 10, section 7 and must include the caption of the case as posted by the Board. The memorandum must clearly and concisely set forth the position taken by that person, employee organization or public employer and the facts and arguments relied upon in support of that position.7.Ruling Not Binding on Board. An interpretive ruling is not binding upon the Board, provided that, in any subsequent Board proceeding, any person's justifiable reliance upon the ruling must be considered in mitigation of any penalty sought to be assessed.12-180 C.M.R. ch. 12, § 41