USA Statutes : maine
Title : Title 26. LABOR AND INDUSTRY
Chapter : Chapter 09. MEDIATION AND ARBITRATION
Title 26 - §881. Policy (REPEALED)
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 1: PANEL OF MEDIATORS
§881. Policy (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §882-A. Notification (REPEALED)
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 1: PANEL OF MEDIATORS
§882-A. Notification (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §882. Panel (REPEALED)
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 1: PANEL OF MEDIATORS
§882. Panel (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §883. Mediation procedure; duties (REPEALED)
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 1: PANEL OF MEDIATORS
§883. Mediation procedure; duties (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §884. Services not available if covered by agreement (REPEALED)
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 1: PANEL OF MEDIATORS
§884. Services not available if covered by agreement (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §885. Information privileged (REPEALED)
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 1: PANEL OF MEDIATORS
§885. Information privileged (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §891. Policy
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 1: PANEL OF MEDIATORS
§891. Policy
It is declared to be the policy of the State to provide full and adequate facilities for the settlement of disputes between
employers and employees or their representatives and other disputes subject to settlement through mediation.
[1975, c. 564, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §892. Panel
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 1: PANEL OF MEDIATORS
§892. Panel
The Panel of Mediators, as established by Title 5, section 12004-B, subsection 3, consisting of not less than 5 nor more than
10 impartial members, must be appointed by the Governor from time to time upon the expiration of the terms of the several
members, for terms of 3 years. The Maine Labor Relations Board shall supply to the Governor nominations for filling vacancies.
Vacancies occurring during a term must be filled for the unexpired term. Members of the panel are entitled to compensation
according to section 965, subsection 2, paragraph C. The costs for services rendered and expenses incurred by the panel and
any applicable state cost allocation program charges must be shared equally by the parties to mediation and must be paid into
a special fund administered by the Maine Labor Relations Board. Authorization for services rendered and expenditures incurred
by members of the panel is the responsibility of the Executive Director of the Maine Labor Relations Board. All costs must
be paid from that special fund. The executive director may estimate costs upon receipt of a request for services and collect
those costs prior to providing the services. The executive director shall bill or reimburse the parties, as appropriate,
for any difference between the estimated costs that were collected and the actual costs of providing the services. Once one
party has paid its share of the estimated cost of providing the service, the mediator is assigned. A party who has not paid
an invoice for the estimated or actual cost of providing services within 60 days of the date the invoice was issued is, in
the absence of good cause shown, liable for the amount of the invoice together with a penalty in the amount of 25% of the
amount of the invoice. Any penalty amount collected pursuant to this provision remains in the special fund administered by
the Maine Labor Relations Board and that fund does not lapse. The executive director is authorized to collect any sums due
and payable pursuant to this provision through civil action. In such an action, the court shall allow litigation costs, including
court costs and reasonable attorney's fees, to be deposited in the General Fund if the executive director is the prevailing
party in the action.
[1997, c. 412, §1 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §893. Invoking mediation services
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 1: PANEL OF MEDIATORS
§893. Invoking mediation services
Mediation procedures as provided by section 965, subsection 2, shall be followed whenever either party to a controversy requests
such services and the Maine Labor Relations Board or its executive director finds that the dispute is subject to settlement
through mediation and that it is in the public interest to mediate.
[1975, c. 564, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §911. Appointment and qualification; salaries and expenses (REPEALED)
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 2: STATE BOARD OF ARBITRATION AND CONCILIATION
§911. Appointment and qualification; salaries and expenses (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §912. Powers and duties (REPEALED)
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 2: STATE BOARD OF ARBITRATION AND CONCILIATION
§912. Powers and duties (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §913. Witnesses (REPEALED)
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 2: STATE BOARD OF ARBITRATION AND CONCILIATION
§913. Witnesses (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §914. Recess of negotiations (REPEALED)
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 2: STATE BOARD OF ARBITRATION AND CONCILIATION
§914. Recess of negotiations (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §915. Notification of strike; proceedings in settlement (REPEALED)
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 2: STATE BOARD OF ARBITRATION AND CONCILIATION
§915. Notification of strike; proceedings in settlement (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §916. Inquiry into cause of controversy; conciliators; report (REPEALED)
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 2: STATE BOARD OF ARBITRATION AND CONCILIATION
§916. Inquiry into cause of controversy; conciliators; report (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §917. Application for inquiry; notice of hearing (REPEALED)
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 2: STATE BOARD OF ARBITRATION AND CONCILIATION
§917. Application for inquiry; notice of hearing (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §918. Submission to arbitration; decision (REPEALED)
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 2: STATE BOARD OF ARBITRATION AND CONCILIATION
§918. Submission to arbitration; decision (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §919. Procedure in arbitration (REPEALED)
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 2: STATE BOARD OF ARBITRATION AND CONCILIATION
§919. Procedure in arbitration (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §920. Submission to local board; decision (REPEALED)
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 2: STATE BOARD OF ARBITRATION AND CONCILIATION
§920. Submission to local board; decision (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §921. Advertising or soliciting for workers during strike or distrubance; exceptions; penalty (REPEALED)
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 2: STATE BOARD OF ARBITRATION AND CONCILIATION
§921. Advertising or soliciting for workers during strike or distrubance; exceptions; penalty (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §922. Proceedings confidential (REPEALED)
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 2: STATE BOARD OF ARBITRATION AND CONCILIATION
§922. Proceedings confidential (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §931-A. Use of board member representing the public interests instead of full board
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 2-A: STATE BOARD OF ARBITRATION AND CONCILIATION
§931-A. Use of board member representing the public interests instead of full board
The parties may agree to have any controversy that could be handled by the board under this subchapter directed to the board
member selected to represent the public interests of the State or to one of the alternates from the same category. If the
parties elect to use that board member, the parties must agree on the board member or alternate by name. A board member selected
under this section may administer oaths and require by subpoena the attendance and testimony of witnesses, the production
of books, records and other evidence relative or pertinent to the matter before the board member and has the same power to
act on any issue and in any manner as the full board has pursuant to this subchapter.
[1993, c. 53, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §931-B. Forestry rate proceedings panel
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 2-A: STATE BOARD OF ARBITRATION AND CONCILIATION
§931-B. Forestry rate proceedings panel
1. Membership of forestry rate proceedings panel. There is established, under the authority of the board, a forestry rate proceedings panel, referred to in this section as
"the panel," to conduct proceedings under chapter 18. The panel consists of the following 3 members:
A. One member representing forest products harvesters and forest products haulers, as defined in section 1352;
[2003, c. 670, §2 (new).]
B. One member representing forest landowners, as defined in section 1352; and
[2003, c. 670, §2 (new).]
C. One member representing the public interests of the State.
[2003, c. 670, §2 (new).]
[2003, c. 670, §2 (new).]
2. Appointment of members and alternates; terms. Members serve for terms of 3 years or until their successors are appointed. A vacancy occurring during a term must be filled
for the unexpired portion of the term. Members are appointed as follows.
A. The member representing the public interests of the State must be the person appointed under section 931 to represent the
public interests of the State. The member representing forest products harvesters and forest products haulers must be appointed
from a list provided by the International Loggers Association or a successor organization. The member representing the forest
landowners must be appointed from a list provided by the Maine Forest Products Council or a successor organization. If an
organization named in this subsection ceases to exist and does not have a successor, the Governor shall solicit names from
similar organizations and may appoint any person the Governor considers appropriate to represent the appropriate interests.
[2003, c. 670, §2 (new).]
B. The Governor shall appoint 2 alternate members to represent each interest set forth in subsection 1, paragraphs A and B.
Alternates representing the public interests of the State appointed under section 931 serve as alternate members to represent
the interests set forth in subsection 1, paragraph C. Alternate members serve for the same terms, have the same responsibilities
and duties and are entitled to the same privileges and emoluments as members. When for any reason a member of the panel does
not serve in a particular case, an alternate member having the same qualifications shall act as a member of the panel in that
case.
[2003, c. 670, §2 (new).]
C. Members and alternates are subject to restrictions on participating in proceedings in which they have a financial interest,
as provided in section 1358.
[2003, c. 670, §2 (new).]
[2003, c. 670, §2 (new).]
3. Costs of proceedings. The parties to a proceeding brought under chapter 18 shall share equally in the cost of the services rendered and expenses
incurred, in the same manner as provided in section 931. Notwithstanding Title 5, section 12004-B, subsection 1, the member
of the panel representing the public interests of the State is entitled to $750 a day and the other 2 members of the panel
are entitled to $250 a day for services for the time actually employed in the discharge of duties under chapter 18. All panel
members are entitled to travel and other expenses, in the same manner as for board members under section 931.
[2003, c. 670, §2 (new).]
4. Appeal of decisions. Decisions by the panel under chapter 18 constitute final agency action and are subject to judicial review pursuant to Title
5, chapter 375, subchapter 7.
[2003, c. 670, §2 (new).]
5. Applicability of general board provisions. The provisions of section 931 that are not inconsistent with this section, and the provisions of sections 932 and 939, apply
to panel proceedings under this section and chapter 18. Section 931-A does not apply to such panel proceedings.
[2003, c. 670, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §931. Appointment and qualification; salaries and expenses; rules; reports
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 2-A: STATE BOARD OF ARBITRATION AND CONCILIATION
§931. Appointment and qualification; salaries and expenses; rules; reports
The State Board of Arbitration and Conciliation, in this subchapter called the "board," consists of 3 members appointed by
the Governor from time to time upon the expiration of the terms of the several members, for terms of 3 years. One member
must be an employer of labor or selected from some association representing employers of labor, and another must be an employee
or selected from some bona fide trade or labor union. The 3rd member must represent the public interests of the State and
serves as chair. Vacancies occurring during a term must be filled for the unexpired term. Members of the board are entitled
to receive $75 a day for their services for the time actually employed in the discharge of their official duties. They are
entitled to receive their traveling and all other necessary expenses. The costs for services rendered and expenses incurred
by the State Board of Arbitration and Conciliation and any state allocation program charges must be shared equally by the
parties to the proceedings and must be paid into a special fund administered by the Maine Labor Relations Board. Authorization
for services rendered and expenditures incurred by the State Board of Arbitration and Conciliation is the responsibility of
the Executive Director of the Maine Labor Relations Board. All costs must be paid from that special fund. The executive
director may estimate costs upon receipt of a request for services and collect those costs prior to providing the services.
The executive director shall bill or reimburse the parties, as appropriate, for any difference between the estimated costs
that were collected and the actual costs of providing the services. Once one party has paid its share of the estimated cost
of providing the service, the matter is scheduled for hearing. A party who has not paid an invoice for the estimated or actual
cost of providing services within 60 days of the date the invoice was issued is, in the absence of good cause shown, liable
for the amount of the invoice together with a penalty in the amount of 25% of the amount of the invoice. Any penalty amount
collected pursuant to this provision remains in the special fund administered by the Maine Labor Relations Board and that
fund does not lapse. The executive director is authorized to collect any sums due and payable pursuant to this provision
through civil action. In such an action, the court shall allow litigation costs, including court costs and reasonable attorney's
fees, to be deposited in the General Fund if the executive director is the prevailing party in the action. The executive
director shall, annually, on or before July 1st, make a report of the activities of the State Board of Arbitration and Conciliation
to the Governor. The board shall from time to time adopt rules of procedure as it determines necessary, including rules of
procedure for proceedings under chapter 18. Rules adopted pursuant to this section are routine technical rules as defined
in Title 5, chapter 375, subchapter 2-A.
[2003, c. 670, §1 (amd).]
div>
Six alternate members, having the same qualifications as members, and 2 being from each category, shall be appointed in the
same manner and for the same terms as members and shall, when serving as members of the board, have the same responsibilities
and duties and be entitled to the same privileges and emoluments as members.
[1985, c. 294, §§2, 3 (new).]
div>
When, for any reason, a member of the board does not serve in any particular case, the alternate member having the same qualifications
shall act as a member of the board in that case.
[1985, c. 294, §§2, 3 (new).]
div>
The board's responsibility is to further harmonious labor-management relations in this State. It may serve as a board of
inquiry or as a board of conciliation in the private sector, or as a board of arbitration in either the public or private
sector, provided that the parties appearing before it so agree. No member of the board may participate in any case in which
he has a personal interest.
[1985, c. 294, §§2, 3 (new).]
div>
Workers shall have full freedom of association, self organization and designation of representatives of their own choosing,
for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection, free from interference,
restraint or coercion by their employers or other persons. It shall be the duty of the board to endeavor to settle disputes,
strikes and lockouts between employers and employees.
[1985, c. 294, §§2, 3 (new).]
div>
An employer shall not retaliate against any employee who may have petitioned or sought the assistance of the board pursuant
to this subchapter or for having provided information or testimony in this subchapter.
[1985, c. 294, §§2, 3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §932. Subpoena powers
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 2-A: STATE BOARD OF ARBITRATION AND CONCILIATION
§932. Subpoena powers
The chairman of the board or his alternate may administer oaths and require by subpoena the attendance and testimony of witnesses,
the production of books, records and other evidence relative or pertinent to the matter before it.
[1985, c. 294, § § 2 and 3 (new).]
div>
Witnesses subpoenaed by the board shall be allowed the same fees as are paid to witnesses in Superior Court. These fees,
together with all necessary expenses of the board, shall be paid by the Treasurer of State on warrants drawn by the State
Controller.
[1985, c. 294, § § 2 and 3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §933. Notice; recess of meetings and hearings
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 2-A: STATE BOARD OF ARBITRATION AND CONCILIATION
§933. Notice; recess of meetings and hearings
Except in cases in which the public welfare is involved, a minimum of 3 working days' notice shall be required before the
board will convene.
[1985, c. 294, § § 2 and 3 (new).]
div>
When the board has taken jurisdiction of a case where a dispute exists, it may, at its discretion, recess the hearings for
any reasonable purpose and may call a subsequent meeting as soon as practicable at any appropriate place or time which it
may designate for a continuation of the proceedings.
[1985, c. 294, § § 2 and 3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §934. Conciliation; notification of dispute; proceedings in settlement; report
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 2-A: STATE BOARD OF ARBITRATION AND CONCILIATION
§934. Conciliation; notification of dispute; proceedings in settlement; report
Whenever it appears to the employer or employees concerned in a labor dispute, or when a strike or lockout is threatened,
or actually occurs, he or they may request the services of the board.
[1985, c. 294, § § 2 and 3 (new).]
div>
If, when the request or notification is received, it appears that a substantial number of employees in the department, section
or division of the business of the employer are involved, the board shall endeavor, by conciliation, to obtain an amicable
settlement. If the board is unable to obtain an amicable settlement it shall endeavor to persuade the employer and employees
to submit the matter to arbitration.
[1985, c. 294, § §2 and 3 (new).]
div>
The board shall, upon notification, as soon as practicable, visit the place where the controversy exists or arrange a meeting
of the interested parties at a convenient place, and shall make careful inquiry into the cause of the dispute or controversy,
and the board may, with the consent of the Governor, conduct the inquiry beyond the limits of the State.
[1985, c. 294, § § 2 and 3 (new).]
div>
The board shall hear all interested persons who come before it, advise the respective parties what ought to be done by either
or both to adjust the controversy, and shall make a confidential written report to the Governor and the Executive Director
of the Maine Labor Relations Board. The Governor or executive director may make the report public if, after 15 days from
the date of its receipt, the parties have not resolved the controversy and the public interest would be served by publication.
In addition, either the Governor or the executive director may refer the report and recommendations of the board to the Attorney
General or other department for appropriate action when it appears that any of the laws of this State may have been violated.
[1985, c. 294, § § 2 and 3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §935. Application for board of inquiry; notice of hearing
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 2-A: STATE BOARD OF ARBITRATION AND CONCILIATION
§935. Application for board of inquiry; notice of hearing
In cases of controversy, where conciliation, mediation or arbitration is refused by one of the parties or the board has deemed
that those processes have been or will be ineffective, either party may request the board to make inquiry. The application
for inquiry may be signed by the employer or by a substantial number of the employees in the department, section or division
of the business in which the controversy exists or by their agent or representative or by both parties and, if signed by an
agent or representative claiming to represent the employees, the board shall satisfy itself that he is duly authorized to
do so.
[1985, c. 294, § § 2 and 3 (new).]
div>
Upon receipt of the application for inquiry, the chairman, or in his absence or disability the alternate chairman, through
the auspices of the Maine Labor Relations Board, shall give notice of the time and place of hearing and may, at the board's
discretion, give public notice by publishing in at least one newspaper the time and place of the hearing.
[1985, c. 294, § § 2 and 3 (new).]
div>
The board shall, upon the request of the Governor or the mayor of a city or the selectman of a town, investigate and report
upon any labor controversy if, in its opinion, it threatens the public welfare.
[1985, c. 294, § § 2 and 3 (new).]
div>
The board, after inquiry, may make and publish a report in the matter, including its findings of fact and recommendations
for settling the controversy.
[1985, c. 294, § § 2 and 3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §936. Submission to arbitration; decision
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 2-A: STATE BOARD OF ARBITRATION AND CONCILIATION
§936. Submission to arbitration; decision
If the case cannot be settled through the process of conciliation, the interested parties may jointly submit the case to arbitration
by filing an arbitration application with the Executive Director of the Maine Labor Relations Board.
[1985, c. 294, § § 2, 3 (new).]
div>
The chairman of the board shall immediately, after the filing, give notice of the time and place of the hearing to both parties.
[1985, c. 294, § § 2, 3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §937. Procedure in arbitration
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 2-A: STATE BOARD OF ARBITRATION AND CONCILIATION
§937. Procedure in arbitration
The board may hear grievance arbitration matters referred to it pursuant to a collective bargaining agreement. It may hear
any labor dispute jointly referred to it for resolution by arbitration by the representatives of management and labor. In
cases of arbitration, the parties concerned must submit in writing to the board, the matters which they mutually agree to
submit to arbitration and such other details pertinent to the issues involved as they may agree upon. When the matter is submitted
to arbitration by the board, the board shall investigate the matter in controversy, shall hear all interested persons who
come before it and make an award and written opinion which shall be published by the chairman of the board and shall be binding
on the parties who join in the agreement.
[1985, c. 294, § § 2 and 3 (new).]
div>
The board may, at any time in the arbitration process, seek a stipulated settlement of the matter submitted to it for resolution
provided that settlement is approved by the parties to the dispute. Except as provided in section 972, arbitration proceedings
shall be subject to the review provisions of the Uniform Arbitration Act, Title 14, chapter 706.
[1985, c. 294, § § 2 and 3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §938. Advertising or soliciting for workers during strike or disturbance; exceptions; penalty
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 2-A: STATE BOARD OF ARBITRATION AND CONCILIATION
§938. Advertising or soliciting for workers during strike or disturbance; exceptions; penalty
If any employer, during the continuance of a strike among his employees, or during the continuance of a lockout or other labor
trouble among his employees, publicly advertises in newspapers, or by posters or otherwise, for employees, or by himself or
his agents solicits persons to work for him to fill the places of strikers, he shall plainly and explicitly mention in the
advertisements or oral or written solicitations that a strike, lockout or other labor disturbance exists. If any employee,
during the continuance of a strike, lockout or other labor trouble advertises for or solicits business for a competitor of
the employers engaged in the labor dispute, he shall plainly and explicitly mention in the advertisement or oral or written
solicitations that a strike, lockout or other labor disturbance exists. This section shall cease to be operative if the board
determines that the business of the employer, in respect to which the strike or other labor trouble occurred, is being carried
on in the normal and usual manner and to the normal and usual extent. The board shall determine this question as soon as
possible, upon the application of the employer. Any person, firm, association or corporation who violates this section shall
be punished by a fine not less that $250 nor more than $500.
[1985, c. 294, § § 2 and 3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §939. Proceedings confidential
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 2-A: STATE BOARD OF ARBITRATION AND CONCILIATION
§939. Proceedings confidential
Any information disclosed by either party to a dispute to the board or any of its members in carrying out this subchapter
shall be confidential, except as may be provided otherwise in this subchapter.
[1985, c. 294, § §2 and 3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §951. Agreements to arbitrate
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 3: ARBITRATION PURSUANT TO COLLECTIVE BARGAINING CONTRACTS
§951. Agreements to arbitrate
A written provision in any collective bargaining contract to settle by arbitration a controversy thereafter arising out of
such contract or out of the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration
an existing controversy arising out of such a contract, or such refusal, herein designated in this subchapter as "a written
submission agreement," shall be valid, irrevocable and enforceable, save upon such grounds, independent of the provisions
for arbitration, as exist at law or in equity for the revocation of any contract.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §952. Stay of proceedings
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 3: ARBITRATION PURSUANT TO COLLECTIVE BARGAINING CONTRACTS
§952. Stay of proceedings
If any action or proceeding be brought in any court upon any issue or controversy referable to arbitration under a written
provision in any collective bargaining contract or under an agreement in writing for submission to arbitration of an existing
controversy arising out of such collective bargaining contract, the court in which such action or proceeding is pending, upon
being satisfied that the issue involved in such action or proceeding is thus referable to arbitration, shall on application
of one of the parties stay the trial of the action or proceeding until such arbitration has been had in accordance with the
terms of the collective bargaining contract or the written agreement for submission to arbitration, provided the applicant
for the stay is not in default in proceeding with such arbitration.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §953. Failure to arbitrate under agreement
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 3: ARBITRATION PURSUANT TO COLLECTIVE BARGAINING CONTRACTS
§953. Failure to arbitrate under agreement
A party aggrieved by the alleged failure, neglect or refusal of another to arbitrate in accordance with any agreement embraced
within section 951 may institute proceedings in the Superior Court. Such proceedings shall be for an order directing that
such arbitration proceed in the manner provided in the collective bargaining agreement or written submission agreement.
div>
Five days' notice in writing of such application shall be served upon the party in default. Service thereof shall be made
in the manner provided by law for the service of process in civil actions. The court shall hear the parties, and upon being
satisfied that the making of the collective bargaining contract or the written submission agreement for arbitration or the
failure to comply therewith is not in issue, the court shall make an order directing the parties to proceed to arbitration
in accordance with the terms of the collective bargaining contract or the written submission agreement. If the making of the
collective bargaining contract or of the written submission agreement for arbitration or the failure, neglect or refusal to
perform the same be in issue, the court shall proceed summarily to the trial thereof. If no jury trial is demanded by the
party alleged to be in default, the court shall hear and determine such issue. Where such an issue is raised, the party alleged
to be in default may, on or before the return day of the notice of application, demand a jury trial of such issue, and upon
such demand the court shall make an order referring the issue or issues to a jury in the manner provided by law for referring
to a jury issues in actions not triable of right by a jury or may specially call a jury for that purpose. If the jury find
that no collective bargaining contract or written submission agreement for arbitration was made or that there is no default
in proceeding thereunder, the proceeding shall be dismissed. If the jury find that a collective bargaining contract or written
submission agreement for arbitration was made and that there is a default in proceeding thereunder, the court shall make an
order summarily directing the parties to proceed with the arbitration in accordance with the terms thereof.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §954. Appointment of arbitrators or umpires
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 3: ARBITRATION PURSUANT TO COLLECTIVE BARGAINING CONTRACTS
§954. Appointment of arbitrators or umpires
If in the agreement provision is made for a method of naming or appointing an arbitrator or arbitrators or an umpire, such
method shall be followed; but if no method is provided therein, or if a method is provided and any party thereto shall fail
to avail himself of such method, or if for any other reason there shall be a lapse in the naming of an arbitrator or arbitrators
or umpire, or in filling a vacancy, then upon the application of either party to the controversy the court shall designate
and appoint an arbitrator or arbitrators or umpire, as the case may require, who shall act under the said agreement with the
same force and effect as if he or they had been specifically named therein; and unless otherwise provided in agreement, the
arbitration shall be by a single arbitrator.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §955. Application heard as motion
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 3: ARBITRATION PURSUANT TO COLLECTIVE BARGAINING CONTRACTS
§955. Application heard as motion
Any application to the court under this subchapter shall be made and heard in the manner provided by law for the making and
hearing of motions, except as otherwise expressly provided.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §956. Witnesses before arbitrators; fees; compelling attendance
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 3: ARBITRATION PURSUANT TO COLLECTIVE BARGAINING CONTRACTS
§956. Witnesses before arbitrators; fees; compelling attendance
The arbitrators selected either as prescribed in this subchapter or otherwise, or a majority of them, may summon in writing
any person to attend before them, or any of them, as a witness and in a proper case to bring with him or them any book, record,
document or paper which may be deemed material as evidence in the case. The fees for such attendance shall be the same as
the fees of witnesses before the Superior Court. Said summons shall issue in the name of the arbitrator or arbitrators, or
a majority of them, and shall be signed by the arbitrators, or a majority of them, and shall be directed to the said person
and shall be served in the same manner as subpoenas to appear and testify before the Superior Court. If any person or persons
so summoned to testify shall refuse or neglect to obey said summons, upon complaint, any Justice of the Superior Court may
compel the attendance of such person or persons before said arbitrator or arbitrators, or punish said person or persons for
contempt in the same manner provided by law for securing the attendance of witnesses or their punishment for neglect or refusal
to attend in the courts of the State of Maine.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §957. Awards; confirmation; jurisdiction; procedure
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 3: ARBITRATION PURSUANT TO COLLECTIVE BARGAINING CONTRACTS
§957. Awards; confirmation; jurisdiction; procedure
If the parties in their collective bargaining contract or written submission agreement have agreed that a judgment of the
court shall be entered upon the award made pursuant to the arbitration, and shall specify the court, then at any time within
one year after the award is made any party to the arbitration may apply to the court so specified for an order confirming
the award, and thereupon the court must grant such an order unless the award is vacated, modified or corrected as prescribed
in sections 958 and 959. In the absence of such provision in the collective bargaining contract or written submission agreement
of the parties, such application to have judgment entered upon the award may be made to the Superior Court in the county within
which such award was made. Notice of application shall be served upon the adverse party. If the adverse party is a resident
of the State, such service shall be made upon the adverse party or his attorney as prescribed by law for service of motion
in an action in the same court. If the adverse party shall be a nonresident, then the notice of the application shall be served
in like manner as other process of the court is served upon nonresidents.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §958. Vacation of award; grounds; rehearing
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 3: ARBITRATION PURSUANT TO COLLECTIVE BARGAINING CONTRACTS
§958. Vacation of award; grounds; rehearing
In any of the following cases the Superior Court in and for the county wherein the award was made may make an order vacating
the award upon the application of any party to the arbitration:
1. Corruption, fraud or undue means. Where the award was procured by corruption, fraud or undue means;
2. Partiality or corruption in arbitrators. Where there was obvious partiality or corruption in the arbitrators, or any of them;
3. Abuse of discretion by arbitrators. Where the arbitrators were guilty of abuse of discretion by which the rights of any party have been prejudiced; or
4. Arbitrators exceeded powers. Where the arbitrators exceeded their powers or so imperfectly executed them that a mutual, final and definite award upon
the subject matter submitted was not made.
div>
Where an award is vacated and the time within which the agreement required the award to be made has not expired, the court
may, in its discretion, direct a rehearing by the arbitrators.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §959. Modification or correction of award; grounds; order
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 3: ARBITRATION PURSUANT TO COLLECTIVE BARGAINING CONTRACTS
§959. Modification or correction of award; grounds; order
The Superior Court in and for the county wherein the award was made may make an order modifying or correcting the award upon
the application of any party to the arbitration where there was an evident material miscalculation of figures or an evident
material mistake in the description of any person, thing or property referred to in the award.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 26 - §960. Applicability of provisions
head>
Title 26: LABOR AND INDUSTRY
Chapter 9: MEDIATION AND ARBITRATION
Subchapter 3: ARBITRATION PURSUANT TO COLLECTIVE BARGAINING CONTRACTS
§960. Applicability of provisions
This subchapter shall not apply to any provision or agreement relative to arbitration contained in a collective bargaining
contract entered into prior to August 28, 1957, or after October 6, 1967, or to any agreement to submit to arbitration an
existing controversy entered into prior to August 28, 1957, or after October 6, 1967.
[1969, c. 287, § 2 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
