USA Statutes : maine
Title : Title 26. LABOR AND INDUSTRY
Chapter : Chapter 18. RATES OF COMPENSATION FOR FOREST PRODUCTS HARVESTING AND HAULING SERVICES (HEADING. PL 2003, c. 670, @3 (new))
Title 26 - §1351. Legislative findings head>

Title 26: LABOR AND INDUSTRY
Chapter 18: RATES OF COMPENSATION FOR FOREST PRODUCTS HARVESTING AND HAULING SERVICES (HEADING: PL 2003, c. 670, @3 (new))
§1351. Legislative findings

The Legislature finds that Maine's forest products industry is a vital component of Maine's economy and has a direct relationship to the economic health and welfare of workers, communities and businesses. Central to the viability of the forest products industry is a stable workforce of loggers and wood haulers available to harvest wood from Maine's forests and bring the wood to mills and other wood-using industry. The erosion of the logger and wood hauler infrastructure in any major region of the State can have a serious negative effect on wood products manufacturing throughout the State. The Legislature further finds that, based upon patterns and configurations of forest landownership, the harvesting and hauling of forest products are performed by numerous loggers and truckers who, in many cases, are not able individually to bargain effectively with forest landowners who possess overwhelming market power. The Legislature finds that such market power exists whenever one forest landowner owns, possesses or acquires economic control over more than 400,000 acres in a labor market area, which acreage constitutes more than 30% of the total land area in that labor market area. Accordingly, the Legislature finds it necessary, in the absence of sufficiently vigorous competitive market forces, to displace competition as provided in this chapter. The inequity of power in determining compensation and the lack of opportunity to join together in bargaining over compensation can result in unfair contract rates for the services of loggers and wood haulers. The Legislature finds evidence of unfairness in the fact that contract rates for harvesting and hauling services are considerably lower on the land of such owners. The Legislature finds that it is in the public interest to ensure a reasonable rate of compensation for harvesting and hauling services and therefore creates in this chapter a process whereby the State displaces existing market forces and, upon request, sets the rates of compensation for such services. [2003, c. 674, §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 - §1352. Definitions head>

Title 26: LABOR AND INDUSTRY
Chapter 18: RATES OF COMPENSATION FOR FOREST PRODUCTS HARVESTING AND HAULING SERVICES (HEADING: PL 2003, c. 670, @3 (new))
§1352. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [2003, c. 670, §3 (new).]

1. Affiliated person. "Affiliated person" means a person in the same corporate system as a parent or member organization by virtue of common ownership, control, operation or management. [2003, c. 670, §3 (new).]


2. Association. "Association" includes an incorporated or unincorporated entity. [2003, c. 670, §3 (new).]


3. Economic control. "Economic control" means the legal right, whether through ownership, contract or otherwise, to make or influence decisions regarding the harvesting of trees and disposition in general of forest products on subject land. [2003, c. 670, §3 (new).]


4. Forest land. "Forest land" means land used primarily for growth of trees to be harvested for commercial use. [2003, c. 670, §3 (new).]


5. Forest landowner. "Forest landowner" means:



A. A person that owns directly or through affiliated persons, or possesses economic control over, more than 400,000 acres in a labor market area, which acreage constitutes more than 30% of the total land area in that labor market area; or [2003, c. 674, §2 (amd).]




B. An agent or subsidiary of a person described in paragraph A if that agent or subsidiary is involved in contracting or negotiating contracts or other arrangements, written or oral, with forest products harvesters or forest products haulers. [2003, c. 670, §3 (new).]

[2003, c. 674, §2 (amd).]


6. Forest products harvester. "Forest products harvester" or "harvester" means a person having a place of business in this State who is engaged in harvesting trees from forest land in the State under a contract or subcontract, directly or indirectly, for a forest landowner. [2003, c. 670, §3 (new).]


7. Forest products hauler. "Forest products hauler" or "hauler" means a person having a place of business in this State who is engaged in hauling harvested trees to mills under a contract or subcontract, directly or indirectly, for a forest landowner. [2003, c. 670, §3 (new).]


8. Labor market area. "Labor market area" means an area designated as such by the United States Department of Labor, Bureau of Labor Statistics for purposes of implementing a comprehensive labor market information system. [2003, c. 670, §3 (new).]


9. Panel. "Panel" means the forestry rate proceedings panel, constituted under the State Board of Arbitration and Conciliation pursuant to section 931-B. [2003, c. 670, §3 (new).]


10. Person. "Person" includes one or more individuals, partnerships, corporations, limited liability corporations, business organizations and associations. [2003, c. 674, §3 (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 - §1353. State role in determining rates of compensation; panel powers and duties head>

Title 26: LABOR AND INDUSTRY
Chapter 18: RATES OF COMPENSATION FOR FOREST PRODUCTS HARVESTING AND HAULING SERVICES (HEADING: PL 2003, c. 670, @3 (new))
§1353. State role in determining rates of compensation; panel powers and duties

1. Rate determinations. The panel, upon petition made pursuant to section 1357 and in accordance with the procedures and standards set forth in this chapter, shall determine reasonable rates of compensation to be paid by a forest landowner for forest products hauling services and forest products harvesting services in a specified area of the State. [2003, c. 670, §3 (new).]


2. Panel powers and duties. For the purposes of carrying out its responsibilities under this chapter, the panel has the powers of the State Board of Arbitration and Conciliation as set forth in chapter 9, subchapter 2-A. The State Board of Arbitration and Conciliation as established pursuant to section 931 may adopt rules to implement this chapter, including rules specifying what information held by the panel is confidential and not subject to public disclosure. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. [2003, c. 670, §3 (new).]


3. Compensation; costs of rate determination proceeding. Members of the panel are entitled to the compensation provided for in section 931-B for their services under this chapter. Costs incurred by the panel in making a rate determination under this chapter must be borne equally by the parties to the rate determination proceeding and may be collected by the Maine Labor Relations Board pursuant to section 931. [2003, c. 670, §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 - §1354. Participation of harvesters and haulers in rate determination process head>

Title 26: LABOR AND INDUSTRY
Chapter 18: RATES OF COMPENSATION FOR FOREST PRODUCTS HARVESTING AND HAULING SERVICES (HEADING: PL 2003, c. 670, @3 (new))
§1354. Participation of harvesters and haulers in rate determination process

For the purpose of effectively representing their interests in contemplated or pending rate determination proceedings under this chapter, 2 or more harvesters or haulers may join together and form an association to meet, confer, share information and take other collective action as may support their participation in rate determination proceedings. [2003, c. 670, §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 - §1355. Negotiations preceding rate determination head>

Title 26: LABOR AND INDUSTRY
Chapter 18: RATES OF COMPENSATION FOR FOREST PRODUCTS HARVESTING AND HAULING SERVICES (HEADING: PL 2003, c. 670, @3 (new))
§1355. Negotiations preceding rate determination

One or more harvesters or haulers may meet and negotiate with a forest landowner on the issue of determining reasonable rates to be paid for harvesting services and hauling services in the State, as long as any agreement reached by the parties regarding rates of compensation is made contingent upon review and approval by the panel. [2003, c. 670, §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 - §1356. Activities are not restraint of trade head>

Title 26: LABOR AND INDUSTRY
Chapter 18: RATES OF COMPENSATION FOR FOREST PRODUCTS HARVESTING AND HAULING SERVICES (HEADING: PL 2003, c. 670, @3 (new))
§1356. Activities are not restraint of trade

The provisions of this chapter are intended to displace existing market forces based on a legislative finding that such forces are insufficient to permit the affected market to function normally. Activities carried out pursuant to this chapter do not constitute a conspiracy, or a combination in restraint of trade or an illegal monopoly, nor are they carried out for the purposes of lessening competition or fixing prices arbitrarily, as long as the activities are carried out for the purpose of preparing, initiating or participating in a rate determination proceeding under this chapter. A contract or agreement entered into pursuant to negotiations between a forest landowner and a group of harvesters or haulers is not an unlawful restraint in trade or part of a conspiracy or combination to accomplish an improper or illegal purpose or act, as long as the contract or agreement is approved by the panel as provided in section 1358. [2003, c. 670, §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 - §1357. Rate determination petition head>

Title 26: LABOR AND INDUSTRY
Chapter 18: RATES OF COMPENSATION FOR FOREST PRODUCTS HARVESTING AND HAULING SERVICES (HEADING: PL 2003, c. 670, @3 (new))
§1357. Rate determination petition

1. Who may file petition. A forest landowner or a person representing at least 3 harvesters or haulers may file a petition with the panel to initiate a proceeding to determine reasonable rates of compensation to be paid for harvesting or hauling services. [2003, c. 670, §3 (new).]


2. Required contents of petition. The petition under subsection 1 must include the following information:



A. The service for which the rate is to be determined; [2003, c. 670, §3 (new).]




B. The identity of the forest landowner who owns or possesses economic control over the land on which the rates are to apply and the geographic area in which the rates are to apply; [2003, c. 670, §3 (new).]




C. The rate, if any, proposed by the filing party, including any rate agreed to in negotiations between forest landowners and harvesters or haulers; [2003, c. 670, §3 (new).]




D. Information relevant to the factors set forth in section 1358, subsection 4 needed for the panel to make a decision; [2003, c. 670, §3 (new).]




E. A summary of any negotiations between harvesters and haulers and forest landowners; and [2003, c. 670, §3 (new).]




F. Any other information the panel specifically requests. [2003, c. 670, §3 (new).]

[2003, c. 670, §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 - §1358. Rate determination proceedings head>

Title 26: LABOR AND INDUSTRY
Chapter 18: RATES OF COMPENSATION FOR FOREST PRODUCTS HARVESTING AND HAULING SERVICES (HEADING: PL 2003, c. 670, @3 (new))
§1358. Rate determination proceedings

1. Public notice. Upon receipt of a properly filed petition, the panel shall publish notice in newspapers of general circulation in the areas of the State affected by the petition filing. The panel shall also provide notice to any person who has requested to be notified of filings. Notice must be provided at least 30 days before any hearing to be held, and at least 30 days before the close of a comment period on the filing, unless the panel determines that a shorter notice period is required by extraordinary circumstances. [2003, c. 670, §3 (new).]


2. Written comment; hearing. The panel shall solicit written comment from persons interested in the rates of compensation for harvesting and hauling services. The panel may also hold a public hearing to collect information and shall hold a public hearing if requested by any party to the proceeding. [2003, c. 670, §3 (new).]


3. Panel decision. After the close of the comment period and completion of any public hearing on the petition, the panel shall issue a decision determining reasonable rates to be paid by a forest landowner for services that are the subject of the petition and reasonable geographic applicability for the rates, as the panel determines appropriate. The panel's decision is a final agency action for purposes of Title 5, chapter 375, subchapter 7 and may be appealed pursuant to that subchapter. Rates determined by the panel are not stayed pending the appeal. [2003, c. 670, §3 (new).]


4. Standard for determining reasonable rate. In determining a reasonable rate to be paid by a forest landowner for harvesting or hauling services, the panel shall consider, to the extent relevant, the following factors:



A. Prices or projected prices for the harvesting services or hauling services currently paid by forest landowners in the State and in other states; [2003, c. 670, §3 (new).]




B. The quantity of forest products available in the market area or competing areas; [2003, c. 670, §3 (new).]




C. The relationship between the quantity produced and the quantity handled by the forest landowner; [2003, c. 670, §3 (new).]




D. The harvester's or hauler's costs, including, but not limited to, wages, overhead, fuel, insurance and the cost of replacing equipment; [2003, c. 670, §3 (new).]




E. Environmental and highway laws or rules; [2003, c. 670, §3 (new).]




F. The impact of the rate determination on the competitive position of the landowner in the market area or competing market areas; [2003, c. 670, §3 (new).]




G. A fair return on investment; [2003, c. 670, §3 (new).]




H. The species of tree, type of machinery and method of tree harvesting involved; [2003, c. 670, §3 (new).]




I. The extent to which hauling is conducted on private or public roads; [2003, c. 670, §3 (new).]




J. Safety considerations; [2003, c. 670, §3 (new).]




K. Prior agreements of the parties; and [2003, c. 670, §3 (new).]




L. Any factors that are normally or traditionally taken into consideration when determining prices for the services involved. [2003, c. 670, §3 (new).]

[2003, c. 670, §3 (new).]


5. Interested panel members may not participate. A member or alternate member of the panel who has a financial interest in a rate determination proceeding brought before the panel, or in any party to the rate determination proceeding, may not participate in the proceeding affecting that financial interest. [2003, c. 670, §3 (new).]


6. Limitation on petitions. Unless the panel's rate determination decision specifies an earlier time, a person may not file a petition to change the rate set by that decision until one year after the rate determination decision was issued. [2003, c. 670, §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 - §1359. Violation head>

Title 26: LABOR AND INDUSTRY
Chapter 18: RATES OF COMPENSATION FOR FOREST PRODUCTS HARVESTING AND HAULING SERVICES (HEADING: PL 2003, c. 670, @3 (new))
§1359. Violation

1. Violation. A forest landowner violates this chapter if that forest landowner:



A. Pays a rate for harvesting or hauling services in the State other than the applicable panel-determined rate, if any, for that service in that geographic area; or [2003, c. 670, §3 (new).]




B. Discriminates against any person for initiating or participating in a rate determination proceeding under this chapter. [2003, c. 670, §3 (new).]

[2003, c. 670, §3 (new).]


2. Maine Unfair Trade Practices Act. Violation of this chapter constitutes a violation of the Maine Unfair Trade Practices Act. [2003, c. 670, §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 - §1360. Other agreements not precluded head>

Title 26: LABOR AND INDUSTRY
Chapter 18: RATES OF COMPENSATION FOR FOREST PRODUCTS HARVESTING AND HAULING SERVICES (HEADING: PL 2003, c. 670, @3 (new))
§1360. Other agreements not precluded

This chapter does not prohibit the negotiation and execution of a contract between a forest landowner and an individual harvester or hauler that provides for the payment of compensation rates other than those determined under this chapter, as long as there is no panel-determined rate applicable to the service being provided and as long as there is no properly filed rate determination petition that would apply to the service pending before the panel at the time the contract is entered into. [2003, c. 670, §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