USA Statutes : maine
Title : Title 26. LABOR AND INDUSTRY
Chapter : Chapter 9-A. MUNICIPAL PUBLIC EMPLOYEES LABOR RELATIONS LAW
Title 26 - §961. Purpose
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Title 26: LABOR AND INDUSTRY
Chapter 9-A: MUNICIPAL PUBLIC EMPLOYEES LABOR RELATIONS LAW
§961. Purpose
It is declared to be the public policy of this State and it is the purpose of this chapter to promote the improvement of the
relationship between public employers and their employees by providing a uniform basis for recognizing the right of public
employees to join labor organizations of their own choosing and to be represented by such organizations in collective bargaining
for terms and conditions of employment.
[1969, c. 424, § 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 - §962. Definitions
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Title 26: LABOR AND INDUSTRY
Chapter 9-A: MUNICIPAL PUBLIC EMPLOYEES LABOR RELATIONS LAW
§962. Definitions
As used in this chapter the following terms shall, unless the context requires a different interpretation, have the following
meanings.
[1969, c. 424, §1 (new).]
1. Board. "Board" means the Maine Labor Relations Board referred to in section 968.
[1975, c. 564, §9 (amd).]
2. Bargaining agent. "Bargaining agent" means any lawful organization, association or individual representative of such organization or association
which has as its primary purpose the representation of employees in their employment relations with employers, and which has
been determined by the public employer or by the executive director of the board to be the choice of the majority of the unit
as their representative.
[1973, c. 458, §1 (amd).]
2-A. Bureau.
[1975, c. 564, §10 (rp).]
3. Commissioner.
[1971, c. 620, §13 (rp).]
4. Department.
[1971, c. 620, §13 (rp).]
4-A. Director.
[1975, c. 564, §11 (rp).]
4-B. Executive director. "Executive director" means the Executive Director of the Maine Labor Relations Board.
[1975, c. 564, §12 (amd).]
5. Professional employee. "Professional employee" means any employee engaged in work:
A. Predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work;
[1969, c. 424, §1 (new).]
B. Involving the consistent exercise of discretion and judgment in its performance;
[1969, c. 424, §1 (new).]
C. Of such a character that the output produced or the result accomplished cannot be standardized in relation to a given time
period; and
[1969, c. 424, §1 (new).]
D. Requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of
specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a
general academic education or from an apprenticeship or from training in the performance of routine mental, manual or physical
processes.
[1969, c. 424, §1 (new).]
[1975, c. 564, §§9-12 (amd).]
6. Public employee. "Public employee" means any employee of a public employer, except any person:
A. Elected by popular vote; or
[1969, c. 424, §1 (new).]
B. Appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or
body of the public employer, except that appointees to county offices shall not be excluded under this paragraph unless defined
as a county commissioner under Title 30-A, section 1302; or
[1987, c. 737, Pt. C. §§70, 106 (amd); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8, 10 (amd)]
C. Whose duties as deputy, administrative assistant or secretary necessarily imply a confidential relationship to the executive
head, body, department head or division head; or
[1973, c. 458, §3 (amd).]
D. Who is a department head or division head appointed to office pursuant to statute, ordinance or resolution for an unspecified
term by the executive head or body of the public employer; or
[1969, c. 424, §1 (new).]
E. Who is a superintendent or assistant superintendent of a school system; or
[1969, c. 424, §1 (new).]
F. Who has been employed less than 6 months.
[1969, c. 578, §1 (rpr).]
G. Who is a temporary, seasonal or on-call employee; or
[1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8, 10 (amd); c. 654, §1 (amd); §13 (aff).]
H. Who is a prisoner employed by a public employer during the prisoner's term of imprisonment, except for prisoners who are
in work release or intensive supervision programs.
[1989, c. 654, §2 (new); §13 (aff).]
[1989, c. 654, §§1, 2 (amd); §13 (aff).]
7. Public employer. "Public employer" means:
A. Any officer, board, commission, council, committee or other persons or body acting on behalf of:
(1) Any municipality or any subdivision of a municipality;
(2) Any school, water, sewer, fire or other district;
(3) The Maine Turnpike Authority;
(4) Any board of directors functioning as a regional intermediate education unit pursuant to Title 20-A, section 7730;
(5) Any county or subdivision of a county;
(6) The Maine State Retirement System; or
(7) The Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf;
[2005, c. 279, §15 (amd).]
B. Any employer not covered by any other state or federal collective bargaining law that is:
(1) Established directly by the State or a political subdivision to constitute a department or administrative office of
government; or
(2) Administered by individuals responsible to public officials or to the general electorate.
[1991, c. 576 (new).]
If any public employer, as defined in this or any other section, controls the operations of another employer to the extent
that the public employer deprives that other employer of sufficient control over its own employees to enable it to bargain
with a labor organization representing those employees, the public employer must be treated as the employer of those employees
for the purposes of this chapter.
[2005, c. 279, §15 (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 - §963. Right of public employees to join labor organizations
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Title 26: LABOR AND INDUSTRY
Chapter 9-A: MUNICIPAL PUBLIC EMPLOYEES LABOR RELATIONS LAW
§963. Right of public employees to join labor organizations
No one shall directly or indirectly interfere with, intimidate, restrain, coerce or discriminate against public employees
or a group of public employees in the free exercise of their rights, hereby given, voluntarily to join, form and participate
in the activities of organizations of their own choosing for the purposes of representation and collective bargaining, or
in the free exercise of any other right under this chapter.
[1969, c. 424, § 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 - §964-A. Continuation of grievance arbitration provisions
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Title 26: LABOR AND INDUSTRY
Chapter 9-A: MUNICIPAL PUBLIC EMPLOYEES LABOR RELATIONS LAW
§964-A. Continuation of grievance arbitration provisions
1. Contract signed before October 1, 2005. If a contract between a public employer and a bargaining agent signed prior to October 1, 2005 expires prior to the parties'
agreement on a new contract, the grievance arbitration provisions of the expired contract pertaining to disciplinary action
remain in effect until the parties execute a new contract.
[2005, c. 324, §1 (new).]
2. Contract signed after October 1, 2005. If a contract between a public employer and a bargaining agent signed after October 1, 2005 expires prior to the parties'
agreement on a new contract, the grievance arbitration provisions of the expired contract remain in effect until the parties
execute a new contract. In any arbitration that is conducted pursuant to this subsection, an arbitrator shall apply only
those provisions enforceable by virtue of the static status quo doctrine and may not add to, restrict or modify the applicable
static status quo following the expiration of the contract unless the parties have otherwise agreed in the collective bargaining
agreement. All such grievances that are appealed to arbitration are subject exclusively to the grievance and arbitration
process contained in the expired agreement, and the board does not have jurisdiction over such grievances. The arbitrator's
determination is subject to appeal, pursuant to the Uniform Arbitration Act. Disputes over which provisions in an expired
contract are enforceable by virtue of the static status quo doctrine first must be resolved by the board, subject to appeal
pursuant to applicable law. The grievance arbitration is stayed pending resolution of this issue by the board. The board
may adopt rules as necessary to establish a procedure to implement the intent of this section. Rules adopted pursuant to
this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. Nothing in this subsection
expands, limits or modifies the scope of any grievance arbitration provisions, including procedural requirements.
[2005, c. 324, §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 - §964. Prohibited acts of public employers, public employees and public employee organizations
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Title 26: LABOR AND INDUSTRY
Chapter 9-A: MUNICIPAL PUBLIC EMPLOYEES LABOR RELATIONS LAW
§964. Prohibited acts of public employers, public employees and public employee organizations
1. Public employer prohibitions. Public employers, their representatives and their agents are prohibited from:
A. Interfering with, restraining or coercing employees in the exercise of the rights guaranteed in section 963;
[1969, c. 424, § 1 (new).]
B. Encouraging or discouraging membership in any employee organization by discrimination in regard to hire or tenure of employment
or any term or condition of employment;
[1969, c. 424, § 1 (new).]
C. Dominating or interfering with the formation, existence or administration of any employee organization;
[1969, c. 424, § 1 (new).]
D. Discharging or otherwise discriminating against an employee because he has signed or filed any affidavit, petition or complaint
or given any information or testimony under this chapter;
[1969, c. 424, § 1 (new).]
E. Refusing to bargain collectively with the bargaining agent of its employees as required by section 965;
[1969, c. 424, § 1 (new).]
F. Blacklisting of any employee organization or its members for the purpose of denying them employment.
[1969, c. 424, § 1 (new).]
[1969, c. 424, § 1 (new).]
2. Public employee prohibitions. Public employees, public employee organizations, their agents, members and bargaining agents are prohibited from:
A. Interfering with, restraining or coercing employees in the exercise of the rights guaranteed in section 963 or a public
employer in the selection of his representative for purposes of collective bargaining or the adjustment of grievances;
[1969, c. 424, § 1 (new).]
B. Refusing to bargain collectively with a public employer as required by section 965;
[1969, c. 424, § 1 (new).]
C. Engaging in
(1) A work stoppage;
(2) A slowdown;
(3) A strike; or
(4) The blacklisting of any public employer for the purpose of preventing it from filling employee vacancies.
[1969, c. 424, § 1 (new).]
[1969, c. 424, § 1 (new).]
3. Violations. Violations of this section shall be processed by the board in the manner provided in section 968, subsection 5.
[1971, c. 609, § 2 (rpr).]
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 - §965. Obligation to bargain
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Title 26: LABOR AND INDUSTRY
Chapter 9-A: MUNICIPAL PUBLIC EMPLOYEES LABOR RELATIONS LAW
§965. Obligation to bargain
1. Negotiations. It shall be the obligation of the public employer and the bargaining agent to bargain collectively. "Collective bargaining"
means, for the purposes of this chapter, their mutual obligation:
A. To meet at reasonable times;
[1969, c. 424, §1 (new).]
B. To meet within 10 days after receipt of written notice from the other party requesting a meeting for collective bargaining
purposes, provided the parties have not otherwise agreed in a prior written contract;
[1969, c. 424, §1 (new).]
C. To confer and negotiate in good faith with respect to wages, hours, working conditions and contract grievance arbitration,
except that by such obligation neither party shall be compelled to agree to a proposal or be required to make a concession
and except that public employers of teachers shall meet and consult but not negotiate with respect to educational policies;
for the purpose of this paragraph, educational policies shall not include wages, hours, working conditions or contract grievance
arbitration;
[1969, c. 424, §1 (new).]
D. To execute in writing any agreements arrived at, the term of any such agreement to be subject to negotiation but shall not
exceed 3 years; and
[1985, c. 46 (amd).]
E. To participate in good faith in the mediation, fact-finding and arbitration procedures required by this section.
[1973, c. 788, §119 (amd).]
Whenever wages, rates of pay or any other matter requiring appropriation of money by any municipality or county are included
as a matter of collective bargaining conducted pursuant to this chapter, it is the obligation of the bargaining agent to serve
written notice of request for collective bargaining on the public employer at least 120 days before the conclusion of the
current fiscal operating budget, except that this requirement is waived in the event that a bargaining agent of a newly formed
bargaining unit is recognized or certified during the period not more than 120 days nor less than 30 days prior to the end
of the fiscal period.
[1985, c. 46 (amd).]
2. Mediation.
A. It is the declared 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, §13 (amd).]
B. Mediation procedures must be followed whenever either party to a controversy requests such services prior to arbitration,
or, in the case of disputes affecting public employers, public employees or their respective representatives as defined, whenever
requested by either party prior to arbitration or at any time on motion of the Maine Labor Relations Board or its executive
director. Requests for grievance mediation are handled in accordance with paragraph F.
[2001, c. 92, §1 (amd).]
C. The Panel of Mediators, 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 a fee for services in the amount of $100 for up to 4 hours of mediation
services provided and $100 for each consecutive period of up to 4 hours thereafter and also are entitled to traveling and
all other necessary expenses. Notwithstanding the provisions of Title 5, section 12003-A, subsection 9, members of the panel
who provide mediation services in more than one dispute in a given day are entitled to the compensation as provided in this
paragraph in each such case. The necessary expenses incurred by the members must be allocated to the mediation session that
required the costs. The costs for services rendered and expenses incurred by members of the panel and any state cost 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 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, §2 (amd).]
D. The employer, union or employees involved in collective bargaining shall notify the Executive Director of the Maine Labor
Relations Board, in writing, at least 30 days prior to the expiration of a contract, or 30 days prior to entering into negotiations
for a first contract between the employer and the employees, or whenever a dispute arises between the parties threatening
interruption of work, or under both conditions.
[1975, c. 564, §15 (amd).]
E. The Executive Director of the Maine Labor Relations Board shall serve as Executive Director of the Panel of Mediators. He
shall annually, on or before the first day of July make a report to the Governor. The Executive Director of the Maine Labor
Relations Board, upon request of one or both of the parties to a dispute between an employer and its employees, shall, or
upon his own motion or motion of the Maine Labor Relations Board may, proffer the services of one or more members of the panel
to be selected by him, to serve as mediator or mediators in such a dispute. The member or members so selected shall exert
every reasonable effort to encourage the parties to the dispute to settle their differences by conference or other peaceful
means. If the mediator or mediators are unable to accomplish this objective and to obtain an amicable settlement of the dispute
between the parties, it shall then be the duty of the mediator or mediators to advise the parties of the services available
to assist them in settlement of their dispute. At this time, the mediator or mediators shall submit a written report to the
executive director stating the action or actions that have been taken and the results of their endeavors.
[1979, c. 541, Pt. A, §170 (amd).]
F. The services of the Panel of Mediators must be provided for grievance mediation only when the parties jointly agree to request
grievance mediation services. Notwithstanding this option, neither party is obligated under subsection 1 to bargain over
the inclusion of grievance mediation procedures in a collective bargaining agreement. The services of the Panel of Mediators
are always available as a technique for impasse resolution in contract negotiations and may be invoked as described in paragraph
B.
[2001, c. 92, §2 (rpr).]
G. Any information disclosed by either party to a dispute to the panel or any of its members in the performance of this subsection
shall be privileged.
[1973, c. 617, §2 (rpr).]
[2001, c. 92, §§1,2 (amd).]
3. Fact-finding.
A. If the parties, either with or without the services of a mediator, are unable to effect a settlement of their controversy,
they may jointly agree either to call upon the Maine Labor Relations Board to arrange for fact-finding services and recommendations
to be provided by the Maine Board of Arbitration and Conciliation, or to pursue some other mutually acceptable fact-finding
procedure, including use of the Federal Mediation and Conciliation Service or the American Arbitration Association according
to their respective procedures, rules and regulations.
[1975, c. 564, §17 (rpr).]
B. If the parties do not jointly agree to call upon the Maine Labor Relations Board or to pursue some other procedure, either
party to the controversy may request the executive director to assign a fact-finding panel. If so requested, the executive
director shall appoint a fact-finding panel, ordinarily of 3 members, in accordance with rules and procedures prescribed by
the board for making the appointment. The fact-finding panel shall be appointed from a list maintained by the board and drawn
up after consultation with representatives of state and local government administrators, agencies with industrial relations
and personnel functions and representatives of employee organizations and of employers. Any person who has actively participated
as the mediator in the immediate proceedings for which fact-finding has been called may not sit on that fact-finding panel.
The panel shall hear the contending parties to the controversy. The panel may request statistical data and reports on its
own initiative in addition to the data regularly maintained by the Bureau of Labor Standards, and has the power to administer
oaths and to require by subpoena the attendance and testimony of witnesses, the production of books, records and other evidence
relative or pertinent to the issues represented to them. The members of the fact-finding panel shall submit their findings
and recommendations only to the parties and to the Executive Director of the Maine Labor Relations Board.
[RR 1995, c. 2, §61 (cor).]
C. The parties shall have a period of 30 days, after the submission of findings and recommendations from the fact finders,
in which to make a good faith effort to resolve their controversy. If the parties have not resolved their controversy by the
end of said period, either party or the Executive Director of the Maine Labor Relations Board may, but not until the end of
said period unless the parties otherwise jointly agree, make the fact-finding and recommendations public.
[1975, c. 564, §17 (rpr).]
D. If the parties do not agree to follow the fact-finding procedures outlined in paragraph A, they may jointly apply to the
executive director or his designee to waive fact-finding. The executive director or his designee may accept or refuse to accept
the parties' agreement to waive fact-finding and his decision shall not be reviewable.
[1977, c. 696, §204 (amd).]
[RR 1995, c. 2, §61 (cor).]
4. Arbitration. In addition to the 30-day period referred to in subsection 3, the parties shall have 15 more days, making a total period
of 45 days from the submission of findings and recommendations, in which to make a good faith effort to resolve their controversy.
If the parties have not resolved their controversy by the end of said 45-day period, they may jointly agree to an arbitration
procedure which will result in a binding determination of their controversy. Such determinations will be subject to review
by the Superior Court in the manner specified by section 972.
If they do not jointly agree to such an arbitration procedure within 10 days after the end of said 45-day period, then either
party may, by written notice to the other, request that their differences be submitted to a board of 3 arbitrators. The bargaining
agent and the public employer shall within 5 days of such request each select and name one arbitrator and shall immediately
thereafter notify each other in writing of the name and address of the person so selected. The 2 arbitrators so selected and
named shall, within 10 days from such request, agree upon and select and name a neutral arbitrator. If either party shall
not select its arbitrator or if the 2 arbitrators shall fail to agree upon, select and name a neutral arbitrator within said
10 days, either party may request the American Arbitration Association to utilize its procedures for the selection of the
neutral arbitrator. As soon as possible after receipt of such request, the neutral arbitrator will be selected in accordance
with rules and procedures prescribed by the American Arbitration Association for making such selection. The neutral arbitrator
so selected will not, without the consent of both parties, be the same person who was selected as mediator pursuant to subsection
2 nor any member of the fact-finding board selected pursuant to subsection 3. As soon as possible after the selection of
the neutral arbitrator, the 3 arbitrators or if either party shall not have selected its arbitrator, the 2 arbitrators, as
the case may be, shall meet with the parties or their representatives, or both, forthwith, either jointly or separately, make
inquiries and investigations, hold hearings, or take such other steps as they deem appropriate. If the neutral arbitrator
is selected by utilizing the procedures of the American Arbitration Association, the arbitration proceedings will be conducted
in accordance with the rules and procedures of the American Arbitration Association. The hearing shall be informal, and the
rules of evidence prevailing in judicial proceedings shall not be binding. Any and all documentary evidence and other data
deemed relevant by the arbitrators may be received in evidence. The arbitrators shall have the power to administer oaths
and to require by subpoena the attendance and testimony of witnesses, the production of books, records and other evidence
relative or pertinent to the issues represented to them for determination.
If the controversy is not resolved by the parties themselves, the arbitrators shall proceed as follows: With respect to a
controversy over salaries, pensions and insurance, the arbitrators will recommend terms of settlement and may make findings
of fact; such recommendations and findings will be advisory only and will be made, if reasonably possible, within 30 days
after the selection of the neutral arbitrator; the arbitrators may in their discretion, make such recommendations and findings
public, and either party may make such recommendations and findings public if agreement is not reached with respect to such
findings and recommendations within 10 days after their receipt from the arbitrators; with respect to a controversy over subjects
other than salaries, pensions and insurance, the arbitrators shall make determinations with respect thereto if reasonably
possible within 30 days after the selection of the neutral arbitrator; such determinations may be made public by the arbitrators
or either party; and if made by a majority of the arbitrators, such determinations will be binding on both parties and the
parties will enter an agreement or take whatever other action that may be appropriate to carry out and effectuate such binding
determinations; and such determinations will be subject to review by the Superior Court in the manner specified by section
972. The results of all arbitration proceedings, recommendations and awards conducted under this section shall be filed with
the Maine Labor Relations Board at the offices of its executive director simultaneously with the submission of the recommendations
and award to the parties. In the event the parties settle their dispute during the arbitration proceeding, the arbitrator
or the chairman of the arbitration panel will submit a report of his activities to the Executive Director of the Maine Labor
Relations Board not more than 5 days after the arbitration proceeding has terminated.
[1975, c. 564, §18 (amd).]
5. Costs. The costs for the services of the mediator, the members of the fact-finding board and of the neutral arbitrator including,
if any, per diem expenses, and actual and necessary travel and subsistence expenses and the costs of hiring the premises where
any mediation, fact-finding or arbitration proceedings are conducted, must be shared equally by the parties to the proceedings.
All other costs must be assumed by the party incurring them.
[1991, c. 622, Pt. O, §5 (amd).]
6. Arbitration administration. The cost for services rendered and expenses incurred by the State Board of Arbitration and Conciliation, as defined in section
931, and any state cost 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 members of the State Board of Arbitration and Conciliation is the responsibility of the executive director. 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.
[1991, c. 798, §5 (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 - §966. Bargaining unit; how determined
head>
Title 26: LABOR AND INDUSTRY
Chapter 9-A: MUNICIPAL PUBLIC EMPLOYEES LABOR RELATIONS LAW
§966. Bargaining unit; how determined
1. Bargaining unit standards. In the event of a dispute between the public employer and an employee or employees as to the appropriateness of a unit for
purposes of collective bargaining or between the public employer and an employee or employees as to whether a supervisory
or other position is included in the bargaining unit, the executive director or his designee shall make the determination,
except that anyone excepted from the definition of public employee under section 962 may not be included in a bargaining unit.
The executive director or his designee conducting unit determination proceedings shall have the power to administer oaths
and to require by subpoena the attendance and testimony of witnesses, the production of books, records and other evidence
relative or pertinent to the issues represented to them. In determining whether a supervisory position should be excluded
from the proposed bargaining unit, the executive director or his designee shall consider, among other criteria, if the principal
functions of the position are characterized by performing such management control duties as scheduling, assigning, overseeing
and reviewing the work of subordinate employees, or performing such duties as are distinct and dissimilar from those performed
by the employees supervised, or exercising judgment in adjusting grievances, applying other established personnel policies
and procedures and in enforcing a collective bargaining agreement or establishing or participating in the establishment of
performance standards for subordinate employees and taking corrective measures to implement those standards. Nothing in this
chapter is intended to require the exclusion of principals, assistant principals, other supervisory employees from school
system bargaining units which include teachers and nurses in supervisory positions.
[1975, c. 697, §1 (amd).]
2. Bargaining unit compatibility. The executive director of the board or his designee shall decide in each case whether, in order to insure to employees the
fullest freedom in exercising the rights guaranteed by this chapter and in order to insure a clear and identifiable community
of interest among employees concerned, the unit appropriate for purposes of collective bargaining shall be the public employer
unit or any subdivision thereof. No unit shall include both professional and nonprofessional employees unless a majority of
such professional employees vote for inclusion in such unit, except that teachers may be included in a unit consisting of
other certificated employees.
[1975, c. 564, §20 (rpr).]
3. Unit clarification. Where there is a certified or currently recognized bargaining representative and where the circumstances surrounding the
formation of an existing bargaining unit are alleged to have changed sufficiently to warrant modification in the composition
of that bargaining unit, any public employer or any recognized or certified bargaining agent may file a petition for a unit
clarification provided that the parties are unable to agree on appropriate modifications and there is no question concerning
representation.
[1975, c. 697, §2 (new).]
4. Unit merger; same bargaining agent. If there is the same certified or currently recognized bargaining representative of public employees in multiple bargaining
units with the same public employer, the public employer or certified or recognized bargaining representative may file a petition
with the executive director to merge those bargaining units. Upon the finding of the executive director or the director's
designee that the expanded unit would conform with the requirements set forth in this subsection, the executive director shall
order an election within each bargaining unit to determine whether a majority of the employees voting in each bargaining unit
wish to be within the expanded unit. The only question on the ballot in a merger election is approval or disapproval of the
proposed merger. The executive director or the director's designee shall certify the bargaining agent for an expanded unit
consisting of any bargaining units in which a majority of the employees voting approved the merger.
A. After an expanded unit is certified, the parties shall then bargain over modifications needed in order to provide for the
wages, hours and working conditions or contract grievance arbitration for the newly included positions in any existing collective
bargaining agreement or any collective bargaining agreement being negotiated.
When there is an unexpired collective bargaining agreement in the merged bargaining unit with a different expiration date
from any other collective bargaining agreement in the merged bargaining unit, all contracts must be honored to their expiration
dates unless mutually agreed to otherwise by the public employer and the bargaining agent. Collective bargaining agreements
may be bargained on an interim basis in any merged bargaining unit so that all collective bargaining agreements expire on
the same date.
[1993, c. 38, §1 (amd).]
B. If a petition has been filed by a competing organization for decertification of the current bargaining agent for any of
the bargaining units subject to the merger, then the decertification petition takes precedence over a petition to merge bargaining
units.
[1989, c. 236 (new).]
C. A public employer or certified or recognized bargaining representative may not file more than once a year with the executive
director to merge or combine bargaining units for the same bargaining unit.
[1989, c. 236 (new).]
D. The executive director or the director's designee conducting unit merger proceedings may administer oaths and may require
by subpoena the attendance and testimony of witnesses, the production of books, records and other evidence relating to the
issues presented to the executive director or the director's designee.
[1989, c. 236 (new).]
E. A bargaining unit composed of a majority of supervisors may not merge under this subsection with any other bargaining unit.
[1989, c. 236 (new).]
F. A bargaining unit composed of teachers may not merge under this subsection with a bargaining unit of nonprofessional employees.
[1989, c. 236 (new).]
[1993, c. 38, §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 - §967. Determination of bargaining agent
head>
Title 26: LABOR AND INDUSTRY
Chapter 9-A: MUNICIPAL PUBLIC EMPLOYEES LABOR RELATIONS LAW
§967. Determination of bargaining agent
1. Voluntary recognition. Any public employee organization may file a request with a public employer alleging that a majority of the public employees
in an appropriate bargaining unit wish to be represented for the purpose of collective bargaining between the public employer
and the employees' organization. Such request shall describe the grouping of jobs or positions which constitute the unit claimed
to be appropriate and shall include a demonstration of majority support. Such request for recognition shall be granted by
the public employer, unless the public employer desires that an election determine whether the organization represents a majority
of the members in the bargaining unit.
[1969, c. 424, §1 (new).]
2. Elections. The executive director of the board, or a designee, upon signed request of a public employer alleging that one or more public
employees or public employee organizations have presented to it a claim to be recognized as the representative of a bargaining
unit of public employees, or upon signed petition of at least 30% of a bargaining unit of public employees that they desire
to be represented by an organization, shall conduct a secret ballot election to determine whether the organization represents
a majority of the members in the bargaining unit. Such an election may be conducted at suitable work locations or through
the United States mail, and the procedures adopted and employed must ensure that neither the employee organizations or the
management representatives involved in the election have access to information that would identify a voter.
The ballot shall contain the name of such organization and that of any other organization showing written proof of at least
10% representation of the public employees within the unit, together with a choice for any public employee to designate that
he does not desire to be represented by any bargaining agent. Where more than one organization is on the ballot and no one
of the 3 or more choices receives a majority vote of the public employees voting, a run-off election shall be held. The run-off
ballot shall contain the 2 choices which received the largest and second-largest number of votes. When an organization receives
the majority of votes of those voting, the executive director of the board shall certify it as the bargaining agent. The
bargaining agent certified as representing a bargaining unit shall be recognized by the public employer as the sole and exclusive
bargaining agent for all of the employees in the bargaining unit unless and until a decertification election by secret ballot
shall be held and the bargaining agent declared by the executive director of the board as not representing a majority of the
unit.
Whenever 30% of the employees in a certified bargaining unit petition for a bargaining agent to be decertified, the procedures
for conducting an election on the question shall be the same as for representation as bargaining agent hereinbefore set forth.
[1991, c. 622, Pt. O, §7 (amd).]
div>
No question concerning representation may be raised within one year of a certification or attempted certification. Where
there is a valid collective bargaining agreement in effect, no question concerning unit or representation may be raised except
during the period not more than 90 nor less than 60 days prior to the expiration date of the agreement. The not more than
90-day nor less than 60-day period prior to the expiration date of an agreement regarding unit determination and representation
shall not apply to matters of unit clarification.
[1979, c. 199 (amd).]
div>
The bargaining agent certified by the executive director of the board as the exclusive bargaining agent shall be required
to represent all the public employees within the unit without regard to membership in the organization certified as bargaining
agent, provided that any public employee at any time may present his grievance to the public employer and have such grievance
adjusted without the intervention of the bargaining agent, if the adjustment is not inconsistent with the terms of a collective
bargaining agreement then in effect and if the bargaining agent's representative has been given reasonable opportunity to
be present at any meeting of the parties called for the resolution of such grievance.
[1971, c. 609, §7 (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 - §968. Maine Labor Relations Board; powers and duties
head>
Title 26: LABOR AND INDUSTRY
Chapter 9-A: MUNICIPAL PUBLIC EMPLOYEES LABOR RELATIONS LAW
§968. Maine Labor Relations Board; powers and duties
1. Maine Labor Relations Board. The Maine Labor Relations Board, established by Title 5, section 12004-B, subsection 2, consists of 3 members and 6 alternates
appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over labor
matters and to confirmation by the Legislature. The Governor, in making appointments, shall name one member and 2 alternates
to represent employees, one member and 2 alternates to represent employers and one member and 2 alternates to represent the
public. The member representing the public serves as the board's chair and the alternate representing the public serves as
an alternate chair. Members of the board are entitled to compensation according to the provisions of Title 5, chapter 379.
The alternates are entitled to compensation at the same per diem rate as the member that the alternate replaces. The term
of each member and each alternate is 4 years, except that of the members and alternates first appointed, one member and 2
alternates are appointed for a term of 4 years, one member and 2 alternates are appointed for a term of 3 years and one member
and 2 alternates are appointed for a term of 2 years. The members of the board, its alternates and its employees are entitled
to receive necessary expenses. Per diem and necessary expenses for members and alternates of the board, as well as state cost
allocation program charges, must be shared equally by the parties to any proceeding at which the board presides and must be
paid into a special fund administered by the board from which all costs must be paid. 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. At its discretion, the board may allocate all costs
to a party that presents a frivolous complaint or defense or that commits a blatant violation of the applicable collective
bargaining law. When the board meets on administrative or other matters that do not concern the interests of particular parties
or when any board member presides at a prehearing conference, the members' per diem and necessary expenses must be paid from
the board's regular appropriation for these purposes. The executive director and legal or professional personnel employed
by the board are members of the unclassified service.
[1991, c. 798, §6 (amd).]
2. Executive director. An Executive Director of the Maine Labor Relations Board shall be appointed by the board to serve at their will and pleasure.
The person so appointed shall be experienced in the field of labor relations. He shall perform the duties designated by statute
and such other duties as shall from time to time be assigned to him by the board. He shall serve as secretary of the board
and shall maintain a record of all proceedings before the board. No board member shall serve as executive director.
The salary of the executive director shall be established by the board within salary range 86 and may be adjusted periodically
by the board within the limits for salary review procedures established in Title 2, section 6, subsection 5.
[1979, c. 663, §160 (amd).]
3. Rule-making power. The board may, after a public hearing, from time to time, adopt such rules of procedure as it deems necessary for the orderly
conduct of its business and for carrying out the purposes of this chapter. Such rules shall be published and made available
to all interested parties. The board shall also, upon its own initiative or upon request, issue interpretative rules interpreting
the provisions of this chapter. Such interpretative rules shall be advisory only and shall not be binding upon any court.
Such interpretative rules must be in writing and available to any person interested therein.
[1975, c. 564, §24 (amd).]
4. Review of representative proceedings. Any party aggrieved by any ruling or determination of the executive director, or the executive director's designee, under
sections 966 and 967 may appeal, within 15 days of the announcement of the ruling or determination, except that in the instance
of objections to the conduct of an election or challenged ballots the time period is 5 working days, to the Maine Labor Relations
Board.
Upon receipt of such an appeal, the board shall within a reasonable time hold a hearing having first caused 7 days notice
in writing of the time and place of the hearing to be given to the aggrieved party, the labor organizations or bargaining
agent and the public employer. These hearings must be conducted in the manner provided in subsection 5, paragraph B. Within
a reasonable time after the conclusion of any hearing the board shall make a written decision that must include findings of
fact and either affirm or modify the ruling or determination of the executive director and specify the reasons for that action.
A copy of that decision must be mailed to the labor organization or bargaining agent or its attorney or other designated representative
and the public employer. Decisions of the board made pursuant to this subsection are subject to review by the Superior Court
under the Maine Rules of Civil Procedure, Rule 80C, in accordance with the standards specified in section 972, provided the
complaint is filed within 15 days of the date of issuance of the decision. The complaint must be served upon the board and
all parties to the board proceeding by certified mail, return receipt requested.
[1993, c. 90, §1 (amd).]
5. Prevention of prohibited acts.
A. The board is empowered, as provided, to prevent any person, any public employer, any public employee, any public employee
organization or any bargaining agent from engaging in any of the prohibited acts enumerated in section 964. This power shall
not be affected by any other means of adjustment or prevention that has been or may be established by agreement, law or otherwise.
[1971, c. 609, §9 (new).]
B. Any public employer, any public employee, any public employee organization or any bargaining agent which believes that any
person, any public employer, any public employee, any public employee organization or any bargaining agent has engaged in
or is engaging in any such prohibited practice may file a complaint with the executive director of the board stating the charges
in that regard. No such complaint shall be filed with the executive director until the complaining party shall have served
a copy thereof upon the party complained of. Upon receipt of such complaint, the executive director or his designee shall
review the charge to determine whether the facts as alleged may constitute a prohibited act. If it is determined that the
facts do not, as a matter of law, constitute a violation, the charge shall be dismissed by the executive director, subject
to review by the board. If a formal hearing is deemed necessary by the executive director or by the board, the executive
director shall serve upon the parties to the complaint a notice of the prehearing conference and of the hearing before the
board, that notice to designate the time and place of hearing for the prehearing conference or the hearing, as appropriate,
provided that no hearing shall be held based upon any alleged prohibited practice occurring more than 6 months prior to the
filing of the complaint with the executive director. The party complained of shall have the right to file a written answer
to the complaint and to appear in person or otherwise and give testimony at the place and time fixed for the hearing. In
the discretion of the board, any other person or organization may be allowed to intervene in the proceeding and to present
testimony. Nothing in this paragraph shall restrict the right of the board to require the executive director or his designee
to hold a prehearing conference on any prohibited practice complaint prior to the hearing before the board and taking whatever
action, including dismissal, attempting to resolve disagreements between the parties or recommending an order to the board,
as he may deem appropriate, subject to review by the board.
[1975, c. 697, §4 (rpr).]
C. After hearing and argument if, upon a preponderance of the evidence received, the board shall be of the opinion that any
party named in the complaint has engaged in or is engaging in any such prohibited practice, then the board shall in writing
state its findings of fact and the reasons for its conclusions and shall issue and cause to be served upon such party an order
requiring such party to cease and desist from such prohibited practice and to take such affirmative action, including reinstatement
of employees with or without back pay, as will effectuate the policies of this chapter. No order of the board shall require
the reinstatement of any individual as an employee who has been suspended or discharged, or the payment to him of any back
pay, if such individual was suspended or discharged for cause.
After hearing and argument if, upon a preponderance of the evidence received, the board shall not be of the opinion that the
party named in the complaint has engaged in or is engaging in any such prohibited practice, then the board shall in writing
state its findings of fact and the reasons for its conclusions and shall issue an order dismissing said complaint.
[1971, c. 609, §9 (new).]
D. If after the issuance of an order by the board requiring any party to cease and desist or to take any other affirmative
action, said party fails to comply with the order of the board then the party in whose favor the order operates or the board
may file a civil action in the Superior Court of Kennebec County, or the county in which the prohibited practice has occurred,
to compel compliance with the order of the board. Upon application of any party in interest or the board, the court may grant
such temporary relief or restraining order and may impose such terms and conditions as it deems just and proper; provided
that the board's decision shall not be stayed except where it is clearly shown to the satisfaction of the court that substantial
and irreparable injury shall be sustained or that there is a substantial risk of danger to the public health or safety. In
such action to compel compliance the Superior Court shall not review the action of the board other than to determine whether
the board has acted in excess of its jurisdiction. If an action to review the decision of the board is pending at the time
of the commencement of an action for enforcement pursuant to this subsection or is thereafter filed, the 2 actions shall be
consolidated.
[1977, c. 479, §6 (amd).]
E. Whenever a complaint is filed with the executive director of the board, alleging that a public employer has violated section
964, subsection 1, paragraph F or alleging that a public employee or public employee organization or bargaining agent has
violated section 964, subsection 2, paragraph C the party making the complaint may simultaneously seek injunctive relief from
the Superior Court in the county in which the prohibited practice is alleged to have occurred pending the final adjudication
of the board with respect to such matter.
[1971, c. 609, §9 (new).]
F. Either party may seek a review by the Superior Court of Kennebec County or of the county in which the prohibited practice
is alleged to have occurred of a decision or order of the Maine Labor Relations Board by filing a complaint in accordance
with the Maine Rules of Civil Procedure, Rule 80C, if the complaint is filed within 15 days of the date of issuance of the
decision. The complaint must be served upon the board and all parties to the board proceeding by certified mail, return receipt
requested. Upon the filing of the complaint, the court shall set the complaint down for hearing at the earliest possible
time and shall cause all interested parties and the board to be notified. Pending review and upon application of any party
in interest, the court may grant such temporary relief or restraining order and may impose such terms and conditions as it
determines just and proper; except that the board's decision is not stayed except when it is clearly shown to the satisfaction
of the court that substantial and irreparable injury will be sustained or that there is a substantial risk of danger to the
public health or safety. The executive director shall forthwith file in the court the record in the proceeding certified
by the executive director or a member of the board. The record must include all documents filed in the proceeding and the
transcript, if any. After hearing, which must be held not less than 7 days after notice thereof, the court may enforce, modify,
enforce as so modified or set aside in whole or in part the decision of the board, except that the findings of the board on
questions of fact are final unless shown to be clearly erroneous. Any appeal to the Law Court must be the same as an appeal
from an interlocutory order under section 6.
[1993, c. 90, §2 (amd).]
G. In any judicial proceeding authorized by this subsection in which injunctive relief is sought, sections 5 and 6 shall apply,
except that neither an allegation nor proof of unavoidable substantial and irreparable injury to the complainant's property
shall be required to obtain a temporary restraining order or injunction.
[1973, c. 788, §120-A (amd).]
[1993, c. 90, §2 (amd).]
6. Hearings. The hearings conducted by the board pursuant to this section shall be informal and the rules of evidence prevailing in judicial
proceedings shall not be binding. Any and all documentary evidence and other evidence deemed relevant by the board may be
received.
The chairman shall have the power to administer oaths and to require by subpoena the attendance and testimony of witnesses,
the presentation of books, records and other evidence relative or pertinent to the issues presented to the board for determination.
Witnesses subpoenaed by the board shall be allowed the same fees as are paid to witnesses in the 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.
[1971, c. 609, §9 (new).]
7. Reports. The board shall annually, on or before the first day of July, make a report to the Governor. The appropriation for the board
and the executive director shall be included in the bureau's budget and authorization for expenditures shall be the responsibility
of the director.
The board shall have the authority to recommend to the Legislature changes or additions to this chapter or to related enactments
of law.
[1977, c. 78, §164 (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 - §969. Municipal personnel board or civil service authority
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Title 26: LABOR AND INDUSTRY
Chapter 9-A: MUNICIPAL PUBLIC EMPLOYEES LABOR RELATIONS LAW
§969. Municipal personnel board or civil service authority
Nothing in this chapter shall diminish the authority and power of any municipal civil service commission or personnel board
or its agents established by statute, charter or special act to conduct and grade merit examinations and to rate candidates
in the order of their relative excellence from which appointments or promotions may be made to positions in the competitive
division of the classified service of the municipal employer served by such a civil service commission or personnel board.
The conduct and the grading of merit examinations, the rating of candidates and the establishment of lists from such examinations
and the appointments from such lists shall not be subject to collective bargaining. If a collective bargaining agreement between
a public employer and a bargaining agent contains provisions for binding arbitration of grievances involving the following
matters: The demotion, lay-off, reinstatement, suspension, removal, discharge or discipline of any public employee, such provisions
shall be controlling in the event they are in conflict with any authority and power, involving such matters, of any such municipal
civil service commission or personnel board or its agents.
[1969, c. 424, § 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 - §970. Scope of binding contract arbitration
head>
Title 26: LABOR AND INDUSTRY
Chapter 9-A: MUNICIPAL PUBLIC EMPLOYEES LABOR RELATIONS LAW
§970. Scope of binding contract arbitration
A collective bargaining agreement between a public employer and a bargaining agent may provide for binding arbitration as
the final step of a grievance procedure but the only grievances which may be taken to such binding arbitration shall be disputes
between the parties as to the meaning or application of the specific terms of the collective bargaining agreement. An arbitrator
with the power to make binding decisions pursuant to any such provision shall have no authority to add to, subtract from or
modify the collective bargaining agreement.
[1969, c. 424, § 1 (new).]
p align="center">
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 - §971. Suits by and against unincorporated employee organizations
head>
Title 26: LABOR AND INDUSTRY
Chapter 9-A: MUNICIPAL PUBLIC EMPLOYEES LABOR RELATIONS LAW
§971. Suits by and against unincorporated employee organizations
In any judicial proceeding brought under this chapter or to enforce any of the rights guaranteed by this chapter, any unincorporated
employee organization may sue or be sued in the name by which it is known.
[1971, c. 609, § 10 (rpr).]
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 - §972. Review
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Title 26: LABOR AND INDUSTRY
Chapter 9-A: MUNICIPAL PUBLIC EMPLOYEES LABOR RELATIONS LAW
§972. Review
Either party may seek a review by the Superior Court of a binding determination by an arbitration panel. For interest arbitrations,
the review must be sought in accordance with the Maine Rules of Civil Procedure, Rule 80B.
[1993, c. 90, §3 (amd).]
div>
The binding determination of an arbitration panel or arbitrator, in the absence of fraud, upon all questions of fact shall
be final. The court may, after consideration, affirm, reverse or modify any such binding determination or decision based upon
an erroneous ruling or finding of law. An appeal may be taken to the law court as in any civil action.
[1971, c. 609, §11 (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 - §973. Separability
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Title 26: LABOR AND INDUSTRY
Chapter 9-A: MUNICIPAL PUBLIC EMPLOYEES LABOR RELATIONS LAW
§973. Separability
If any clause, sentence, paragraph or part of this chapter for any reason be adjudged by a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter.
[1975, c. 564, § 29 (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 - §974. Publication of initial proposals
head>
Title 26: LABOR AND INDUSTRY
Chapter 9-A: MUNICIPAL PUBLIC EMPLOYEES LABOR RELATIONS LAW
§974. Publication of initial proposals
Either party to negotiations may publicize the parties' written initial collective bargaining proposals. No proposal may be
publicized until 10 days after both parties have made their initial proposal.
[1979, c. 125, § 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
