USA Statutes : maine
Title : Title 26. LABOR AND INDUSTRY
Chapter : Chapter 9-B. STATE EMPLOYEES LABOR RELATIONS ACT
Title 26 - §979-A. Definitions
head>
Title 26: LABOR AND INDUSTRY
Chapter 9-B: STATE EMPLOYEES LABOR RELATIONS ACT
§979-A. Definitions
As used in this chapter the following terms shall, unless the context requires a different interpretation, have the following
meanings.
[1973, c. 774 (new).]
1. 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 as defined in subsection 5 or by the executive director of the board to be the choice
of the majority of the unit as their representative.
[1973, c. 774 (new).]
2. Board. "Board" means the Maine Labor Relations Board as defined in section 968, subsection 1.
[1975, c. 564, §30 (amd).]
3. Cost items. "Cost items" means the provisions of a collective bargaining agreement which requires an appropriation by the Legislature.
[1973, c. 774 (new).]
4. Executive director. "Executive director" means the Executive Director of the Maine Labor Relations Board as defined in section 968, subsection
2.
[1975, c. 564, §31 (amd).]
4-A. Legislative employee. "Legislative employee" means any employee of the Legislature performing services within the legislative branch, except any
person:
A. Who is elected by popular vote;
[1997, c. 741, §2 (new); §12 (aff).]
B. Who is appointed to office pursuant to law by the Governor or the Legislature for a specific term;
[1997, c. 741, §2 (new); §12 (aff).]
C. Who is employed in the office of the President of the Senate, the office of the Speaker of the House, the office of the
Secretary of the Senate, the office of the Clerk of the House of Representatives or the majority or minority offices of the
Senate or the House of Representatives;
[1997, c. 741, §2 (new); §12 (aff).]
D. Whose duties as deputy, administrative assistant or secretary necessarily imply a confidential relationship with respect
to matters subject to collective bargaining, as between that person and the Legislative Council;
[1997, c. 741, §2 (new); §12 (aff).]
E. Who is a temporary, on-call employee; or
[1997, c. 741, §2 (new); §12 (aff).]
F. Who has been employed less than 30 days.
[1997, c. 741, §2 (new); §12 (aff).]
[1997, c. 741, §2 (new); §12 (aff).]
5. Public employer. "Public employer" means, with respect to the executive branch, all the departments, agencies and commissions of the executive
branch of the State of Maine, represented by the Governor or the Governor's designee. In the furtherance of this chapter,
the State is considered a single employer and employment relations, policies and practices throughout the state service must
be as consistent as practicable. With respect to state employees, it is the responsibility of the executive branch to negotiate
collective bargaining agreements and to administer such agreements. To coordinate the employer position in the negotiation
of agreements, the Legislative Council or its designee shall maintain close liaison with the Governor or the Governor's designee
representing the executive branch relative to the negotiation of cost items in any proposed agreement. The Governor is responsible
for the employer functions of the executive branch under this chapter, and shall coordinate its collective bargaining activities
with operating agencies on matters of agency concern. It is the responsibility of the legislative branch to act upon those
portions of tentative agreements negotiated by the executive branch that require legislative action.
"Public employer" means, with respect to the legislative branch, all offices or agencies of the Legislature represented by
the Legislative Council or its designee. With respect to legislative employees, the Legislative Council shall negotiate and
administer collective bargaining agreements. The Legislative Council or its designee is responsible for the employer functions
of the legislative branch under this chapter.
With respect to the executive branch, the Bureau of Employee Relations, through the Commissioner of Administrative and Financial
Services, shall act as directed by the Governor to:
A. Develop and execute employee relations' policies, objectives and strategies consistent with the overall objectives of the
Governor;
[1981, c. 289, §11 (new).]
B. Conduct negotiations with certified and recognized bargaining agents under applicable statutes;
[1981, c. 289, §11 (new).]
C. Administer and interpret collective bargaining agreements, and coordinate and direct agency activities as necessary to promote
consistent policies and practices;
[1981, c. 289, §11 (new).]
D. Represent the State in all bargaining unit determinations, elections, prohibited practice complaints and any other proceedings
growing out of employee relations and collective bargaining activities;
[1981, c. 289, §11 (new).]
E. Coordinate the compilation of all data and information needed for the development and evaluation of employee relations'
programs and in the conduct of negotiations;
[1981, c. 289, §11 (new).]
F. Coordinate the State's resources as needed to represent the State in negotiations, mediation, fact-finding, arbitration
and other proceedings; and
[1997, c. 741, §3 (amd); §12 (aff).]
G. Provide staff advice on employee relations to the various departments and agencies of State Government, including providing
for necessary supervisory and managerial training.
[1981, c. 289, §11 (new).]
All state departments and agencies shall provide such assistance, services and information as required by the Governor's office,
or the Bureau of Employee Relations, and shall take such administrative or other action as may be necessary to implement and
administer the provisions of any binding agreement between the State and employee organizations entered into under law.
[1997, c. 741, §3 (amd); §12 (aff).]
6. State employee. "State employee" means any employee of the State of Maine performing services within the executive department except any
person:
A. Elected by popular vote; or
[1973, c. 774 (new).]
B. Appointed to office pursuant to statute, ordinance or resolution for a specified term by the Governor or by a department
head or body having appointive power within the executive department; or
[1973, c. 774 (new).]
C. Whose duties necessarily imply a confidential relationship with respect to matters subject to collective bargaining as between
such person and the Governor, a department head, body having appointive power within the executive department or any other
official or employee excepted by this section; or
[1981, c. 381, §1 (amd).]
D. Who is a department or division head appointed to office pursuant to statute, ordinance or resolution for an unspecified
term by the Governor or by a body having appointive power within the executive department; or
[1973, c. 774 (new).]
E. Who has been employed less than 6 months; or
[1973, c. 774 (new).]
F. Who is a temporary, seasonal or on-call employee; or
[1973, c. 774 (new).]
G. Who is serving as a member of the State Militia or National Guard; or
[1981, c. 381, §1 (amd).]
H. Who is a staff attorney, assistant attorney general or deputy attorney general in the Department of Attorney General; or
[1981, c. 381, §2 (amd).]
I. Who is appointed to a major policy-influencing position as designated by Title 5, chapter 71; or
[1985, c. 785, Pt. A, §99 (amd).]
J. Who substantially participates in the formulation and effectuation of policy in a department or agency or has a major role,
other than a typically supervisory role, in the administration of a collective bargaining agreement in a department or agency;
or
[1997, c. 773, §2 (amd); §§7, 8 (aff).]
K. 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.
[1997, c. 773, §3 (amd); §§7, 8 (aff).]
L.
[1997, c. 773, §4 (rp); §§7, 8 (aff).]
[1997, c. 773, §§2-4 (amd); §§7, 8 (aff).]
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 - §979-B. Right of state employees or legislative employees to join labor organizations
head>
Title 26: LABOR AND INDUSTRY
Chapter 9-B: STATE EMPLOYEES LABOR RELATIONS ACT
§979-B. Right of state employees or legislative employees to join labor organizations
A person may not directly or indirectly interfere with, intimidate, restrain, coerce or discriminate against state or legislative
employees or a group of 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.
[1997, c. 741, §4 (amd); §12 (aff).]
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 - §979-C. Prohibited acts of the public employer, state employees and state employee organizations
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Title 26: LABOR AND INDUSTRY
Chapter 9-B: STATE EMPLOYEES LABOR RELATIONS ACT
§979-C. Prohibited acts of the public employer, state employees and state employee organizations
1. Public employer prohibitions. The public employer, its representatives and agents are prohibited from:
A. Interfering with, restraining or coercing employees in the exercise of the rights guaranteed in section 979-B;
[1973, c. 774 (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;
[1973, c. 774 (new).]
C. Dominating or interfering with the formation, existence or administration of any employee organization;
[1973, c. 774 (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;
[1973, c. 774 (new).]
E. Refusing to bargain collectively with the bargaining agent of its employees as required by section 979-D;
[1973, c. 774 (new).]
F. Blacklisting of any employee organization or its members for the purpose of denying them employment.
[1973, c. 774 (new).]
[1973, c. 774 (new).]
2. State and legislative employee prohibitions. State and legislative employees, 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 979-B or the public
employer in the selection of its representative for purposes of collective bargaining or the adjustment of grievances;
[1973, c. 774 (new).]
B. Refusing to bargain collectively with the public employer as required by section 979-D;
[1973, c. 774 (new).]
C. Engaging in:
(1) A work stoppage;
(2) A slowdown;
(3) A strike; or
(4) The blacklisting of the public employer for the purpose of preventing it from filling employee vacancies.
[1973, c. 774 (new).]
[1997, c. 741, §5 (amd); §12 (aff).]
3. Violations. Violations of this section shall be processed by the board in the manner provided in section 979-H.
[1973, c. 774 (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 - §979-D. Obligation to bargain
head>
Title 26: LABOR AND INDUSTRY
Chapter 9-B: STATE EMPLOYEES LABOR RELATIONS ACT
§979-D. Obligation to bargain
1. Negotiations. On and after January 1, 1975, it shall be the obligation of the public employer and the bargaining agent to bargain collectively.
"Collective bargaining" means, for the purpose of this chapter, their mutual obligation:
A. To meet at reasonable times;
[1973, c. 774 (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;
[1973, c. 774 (new).]
C. 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;
[1987, c. 33 (amd).]
D. To participate in good faith in the mediation, fact finding and arbitration procedures required by this section; and
[1985, c. 289 (amd).]
E. To confer and negotiate in good faith:
(1) 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.
All matters relating to the relationship between the employer and employees shall be the subject of collective bargaining,
except those matters which are prescribed or controlled by public law. Such matters appropriate for collective bargaining
to the extent they are not prescribed or controlled by public law include but are not limited to:
(a) Wage and salary schedules to the extent they are inconsistent with rates prevailing in commerce and industry for comparable
work within the State;
(b) Work schedules relating to assigned hours and days of the week;
(c) Use of vacation or sick leave, or both;
(d) General working conditions;
(e) Overtime practices;
(f) Rules for personnel administration, except the following: Rules relating to applicants for employment in state or legislative
service and state classified employees in an initial probationary status, including any extensions thereof, provided such
rules are not discriminatory by reason of an applicant's race, color, creed, sex or national origin;
(g) Compensation system for state and legislative employees, which is defined as:
(i) Guide charts, if any, and job evaluation factors, including factor language and factor weights, used to evaluate jobs
for pay purposes;
(ii) Job point to pay grade conversion tables;
(iii) The number of and spread between pay steps within pay grades;
(iv) The number of and spread between pay grades within the system; and
(v) Temporary payment of recruitment and retention stipends, provided the stipends are allowed under Civil Service Law;
(h) The nature of and procedures governing appeals of the allocation or reallocation of job classifications to pay grades
resulting from any revisions to the compensation system; and
(i) Implementation of any revisions to the compensation system.
(2) Subparagraph (1), shall not be construed to be in derogation of or contravene the spirit and intent of the merit system
principles and personnel laws.
(3) Cost items shall be submitted for inclusion in the Governor's next operating budget within 10 days after the date on
which the agreement is ratified by the parties. If the Legislature rejects any of the cost items submitted to it, all cost
items submitted shall be returned to the parties for further bargaining. Cost items related to a collective bargaining agreement
reached under this chapter and submitted to the Legislature for its approval under this subparagraph shall not be submitted
in the same legislation that contains cost items for employees exempted from the definition of "state employee" under section
979-A, subsection 6, and employees of the legislative branch, except that cost items for those employees exempted under section
979-A, subsection 6, paragraphs E and F, need not be excluded.
(4) Collective bargaining over the subjects described in subparagraph (1), divisions (g), (h) and (i), is subject to the
following.
(a) Subparagraph (1), division (g), shall not be construed to authorize any more than one system for evaluating jobs of state
employees in bargaining units recognized under this chapter.
(b) Either the public employer or the bargaining agents may compel the other party to bargain collectively over the subjects
described in subparagraph (1), divisions (g), (h) and (i), provided that bargaining over those subjects may not be compelled
by either the public employer or the bargaining agents sooner than 10 years after the parties' last agreement to revise the
compensation system made pursuant to a demand to bargain.
(c) During the periods of time described in division (b), when the subjects described in subparagraph (1), divisions (g),
(h) and (i), are not mandatory subjects of bargaining, they shall be permissive subjects of bargaining.
(d) Bargaining over the subjects described in subparagraph (1), divisions (g), (h) and (i), shall be conducted separately
and apart from bargaining with individual bargaining agents over all other negotiable subjects and shall be conducted within
a committee composed of representatives of management and of the bargaining units recognized under this chapter.
(e) The labor representatives on the committee shall consist of equal numbers of representatives from each of the bargaining
units recognized under this chapter. Each bargaining unit shall have one vote, regardless of the number of representatives,
on any matter addressed by the committee. The labor position on any matter addressed by the committee shall be established
by majority vote of the units recognized under this chapter. A majority vote of the units is necessary to initiate bargaining
over the matters described in subparagraph (1), divisions (g), (h) and (i).
(f) Notwithstanding the time frame provided in subparagraph (3), cost items resulting from revisions to the compensation
system may only be submitted to the Legislature for funding after all appeals from the allocation or reallocation of job classifications
under the revised system have been finally decided. The cost items relating to an individual bargaining unit shall be submitted
to the Legislature for funding as part of the next legislation submitted pursuant to subparagraph (3) to fund a collective
bargaining agreement between the State and that bargaining unit.
(g) Bargaining over the subjects described in subparagraph (1), divisions (g), (h) and (i), shall be subject to the dispute
resolution procedures of subsections 2, 3 and 4. For purposes of subsection 4, paragraph D, controversies over the subjects
described in subparagraph (1), divisions (g), (h) and (i), shall be deemed "controversies over salaries."
(5) Nothing in this chapter may be construed to exclude from the scope of collective bargaining the subjects described in
subparagraph (1), divisions (g), (h) and (i).
[1997, c. 741, §6 (amd); §12 (aff).]
[1997, c. 741, §6 (amd); §12 (aff).]
2. Mediation.
A. It is the declared policy of the State to provide full and adequate facilities for the settlement of disputes between the
employer and employees or their representatives and other disputes subject to settlement through mediation.
[1975, c. 564, §32 (amd).]
B. Mediation procedures as provided by section 965, subsection 2, shall be followed whenever either party to a controversy
requests such services prior to arbitration, or at any time on motion of the Maine Labor Relations Board or its executive
director.
[1975, c. 564, §32 (amd).]
C. 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, §32 (amd).]
D. 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. 774 (new).]
[1975, c. 564, §32 (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 for fact-finding services with recommendations
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, §33 (amd).]
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 such appointments.
[1975, c. 564, §34 (amd).]
C. The fact-finding proceedings shall be as provided by section 965, subsection 3.
[1973, c. 774 (new).]
[1975, c. 564, §§33, 34 (amd).]
4. Arbitration.
A. In addition to the 30-day period referred to in section 965, subsection 3, the parties shall have 15 more days, making a
total of 45 days from the submission of findings and recommendations, in which to make a good faith effort to resolve their
controversy.
[1973, c. 774 (new).]
B. If the parties have not resolved their controversy by the end of said 45-day period, either party may petition the board
to initiate compulsory final and binding arbitration of the negotiations impasse. On receipt of the petition, the executive
director of the board shall investigate to determine if an impasse has been reached. If he so determines, he shall issue an
order requiring arbitration and requesting the parties to select one or more arbitrators. If the parties within 10 days after
the issuance of the order have not selected an arbitrator or a Board of Arbitration, the board shall then order each party
to select one arbitrator, and if these 2 arbitrators cannot in 5 days select a 3rd neutral arbitrator, the board shall submit
a list from which the parties may alternately strike names until a single name is left, who shall be appointed by the board
as arbitrator.
[1973, c. 774 (new).]
C. In reaching a decision under this paragraph, the arbitrator shall consider the following factors:
(1) The interests and welfare of the public and the financial ability of the State Government to finance the cost items proposed
by each party to the impasse;
(2) Comparison of the wages, hours and working conditions of the employees involved in the arbitration proceeding with the
wages, hours and working conditions of other employees performing similar services in public and private employment in other
jurisdictions competing in the same labor market;
(3) The over-all compensation presently received by the employees including direct wage compensation, vacation, holidays
and excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment,
and all other benefits received;
(4) Such other factors not confined to the foregoing, which are normally and traditionally taken into consideration in the
determination of wages, hours and working conditions through voluntary collective bargaining, mediation, fact-finding, arbitration
or otherwise between the parties, in the public service or in private employment, including the average consumer price index;
(5) The need of State Government and the Legislature for qualified employees;
(6) Conditions of employment in similar occupations outside State Government or the legislative branch;
(7) The need to maintain appropriate relationships between different occupations in State Government or in the legislative
branch; and
(8) The need to establish fair and reasonable conditions in relation to job qualifications and responsibilities.
[1997, c. 741, §7 (amd); §12 (aff).]
D. With respect to controversies over salaries, pensions and insurance, the arbitrator will recommend terms of settlement and
may make findings of fact. Such recommendations and findings shall be advisory and shall not be binding upon the parties.
The determination by the arbitrator on all other issues shall be final and binding on the parties.
[1973, c. 774 (new).]
E. The arbitrator shall have a period of 30 days from the termination of the hearing in which to submit his report to the parties
and to the board, unless the aforesaid time limitation shall be extended by the executive director.
[1973, c. 774 (new).]
[1997, c. 741, §7 (amd); §12 (aff).]
5. Costs. The costs for the services of the mediator, the members of the fact-finding board and of the neutral arbitrator or arbitrators
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, §9 (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 - §979-E. Bargaining unit; how determined
head>
Title 26: LABOR AND INDUSTRY
Chapter 9-B: STATE EMPLOYEES LABOR RELATIONS ACT
§979-E. Bargaining unit; how determined
1. 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 state employee under section 979-A 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.
[1975, c. 697, § 8 (amd).]
2. In order to insure to employees the fullest freedom in exercising the rights guaranteed by this chapter, to insure a clear
and identifiable community of interest among employees concerned, and to avoid excessive fragmentation among bargaining units
in State Government, the executive director of the board or his designee shall decide in each case the unit appropriate for
purposes of collective bargaining.
[1975, c. 612, § 1 (amd).]
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, § 9 (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 - §979-F. Determination of bargaining agent
head>
Title 26: LABOR AND INDUSTRY
Chapter 9-B: STATE EMPLOYEES LABOR RELATIONS ACT
§979-F. Determination of bargaining agent
1. Voluntary recognition. Any state employee organization may file a request with the public employer alleging that a majority of the state 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.
[1973, c. 774 (new).]
2. Elections.
A. The executive director of the board or his designee upon signed request of a public employer alleging that one or more state
employees or state employee organizations have presented to it a claim to be recognized as the representative of a bargaining
unit of state employees, or upon signed petition of at least 30% of a bargaining unit of state 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 of the bargaining unit. Such an election may be conducted at suitable work locations or through
the United States mail provided, nevertheless, that the procedures adopted and employed by the Maine Labor Relations Board
shall maintain the anonymity of the voter from both the employee organizations and the management representatives involved.
[1975, c. 612, § 2 (amd).]
B. 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 state employees within the unit, together with a choice for any state 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 state employees voting, a run-off election shall be held. The run-off
ballot shall contain the 2 choices which received the largest and 2nd 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.
[1973, c. 774 (new).]
C. 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.
[1973, c. 774 (new).]
D. 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. Unit clarification
proceedings are not subject to this time limitation and may be brought at any time consistent with section 979-E, subsection
3.
[1981, c. 277 (amd).]
E. The bargaining agent certified by the executive director of the board or his designee 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.
[1973, c. 774 (new).]
[1981, c. 277 (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 - §979-G. Rule-making procedure and review of proceedings
head>
Title 26: LABOR AND INDUSTRY
Chapter 9-B: STATE EMPLOYEES LABOR RELATIONS ACT
§979-G. Rule-making procedure and review of proceedings
1. Rule-making procedure. Proceedings conducted under this chapter are subject to the rules and procedures of the board promulgated under section 968,
subsection 3.
[1993, c. 90, §4 (amd).]
2. Review of representation proceedings. Any person aggrieved by any ruling or determination of the executive director under sections 979-E and 979-F 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 such hearing to be given to the aggrieved party, the labor organizations or bargaining agent and the
public employer. The hearings and the procedures established in furtherance thereof must be in accordance with section 968.
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, 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.
[1993, c. 90, §4 (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 - §979-H. Prevention of prohibited acts
head>
Title 26: LABOR AND INDUSTRY
Chapter 9-B: STATE EMPLOYEES LABOR RELATIONS ACT
§979-H. Prevention of prohibited acts
1. The board is empowered, as provided, to prevent any person, the public employer, any state employee, any legislative employee,
any employee organization or any bargaining agent from engaging in any of the prohibited acts enumerated in section 979-C.
This power may not be affected by any other means of adjustment or prevention that has been or may be established by agreement,
law or otherwise.
[1997, c. 741, §8 (amd); §12 (aff).]
2. The public employer, any state employee, any legislative employee, any employee organization or any bargaining agent that
believes that any person, the public employer, any state employee, any legislative employee, any 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. A complaint may not be filed with the executive director until
the complaining party has served a copy thereof upon the party complained of. Upon receipt of such complaint, the executive
director or the executive director's 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 must be
dismissed by the executive director, subject to review by the board. If a formal hearing is considered 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. The notice must designate the time and place of hearing for the prehearing
conference or the hearing, as appropriate, provided that no hearing may 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 may
file a written answer to the complaint and may 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 that proceeding
and to present testimony. This subsection does not restrict the right of the board to require the executive director or the
executive director's 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 the executive director or the executive director's designee considers appropriate, subject to review
by the board.
[1997, c. 741, §9 (amd); §12 (aff).]
3. 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.
[1975, c. 623, §39 (amd).]
4. 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.
[1973, c. 774 (new).]
5. 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 in Kennebec County, to compel compliance with the order of the board. In such
action to compel compliance, the Superior Court shall not review the action of the board other than to determine questions
of law. 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.
[1975, c. 612, §4 (amd).]
6. Whenever a complaint is filed with the executive director of the board, alleging that the public employer has violated section
979-C, subsection 1, paragraph F or alleging that a state employee, a legislative employee or employee organization or bargaining
agent has violated section 979-C, 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.
[1997, c. 741, §10 (amd); §12 (aff).]
7. Court review. Either party may seek a review by the Superior Court in Kennebec County 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, 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. 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 or order 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 finding of the board on questions of fact is 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, §5 (amd).]
8. 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. 774 (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 - §979-I. Hearings
head>
Title 26: LABOR AND INDUSTRY
Chapter 9-B: STATE EMPLOYEES LABOR RELATIONS ACT
§979-I. Hearings
1. Hearings conducted by the board 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.
[1973, c. 774 (new).]
2. 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.
[1973, c. 774 (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 - §979-J. Reports
head>
Title 26: LABOR AND INDUSTRY
Chapter 9-B: STATE EMPLOYEES LABOR RELATIONS ACT
§979-J. Reports
1. 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 budget of the Department of Labor and authorization for expenditures shall
be the responsibility of the chairman or executive director. The board shall prepare a biennial budget for submission to the
Legislature for appropriations sufficient to carry out its duties. Authorization for expenditures shall be the responsibility
of the board. All expenses of the board and its staff, including all necessary travelling and subsistence expenses, shall
be paid on presentation of itemized vouchers therefor approved by the board or the executive director.
[1981, c. 168, § 8 (amd).]
2. The board shall have the authority to recommend to the Legislature changes or additions to this chapter or to related enactments
of law.
[1973, c. 774 (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 - §979-K. Grievance arbitration
head>
Title 26: LABOR AND INDUSTRY
Chapter 9-B: STATE EMPLOYEES LABOR RELATIONS ACT
§979-K. Grievance arbitration
An agreement between a bargaining agent and the public employer may provide for binding arbitration as the final step of a
grievance procedure, provided that any such grievance procedure shall be exclusive and shall supersede any otherwise applicable
grievance procedure provided by law. If no such provision is contained in the collective bargaining agreement, the parties
shall submit their differences for resolution by the State Civil Service Appeals Board.
[1985, c. 785, Pt. B, § 118 (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 - §979-L. Suits by and against unincorporated employee organizations
head>
Title 26: LABOR AND INDUSTRY
Chapter 9-B: STATE EMPLOYEES LABOR RELATIONS ACT
§979-L. 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.
[1973, c. 774 (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 - §979-M. Review of arbitration awards
head>
Title 26: LABOR AND INDUSTRY
Chapter 9-B: STATE EMPLOYEES LABOR RELATIONS ACT
§979-M. Review of arbitration awards
1. Either party may seek a review by the Superior Court of a binding determination by an arbitration panel. Such review shall
be sought in accordance with Rule 80B of the Maine Rules of Civil Procedure.
[1973, c. 774 (new).]
2. In the absence of fraud, the binding determination of an arbitration panel or arbitrator shall be final upon all questions
of fact.
[1973, c. 774 (new).]
3. 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.
[1973, c. 774 (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 - §979-N. Separability
head>
Title 26: LABOR AND INDUSTRY
Chapter 9-B: STATE EMPLOYEES LABOR RELATIONS ACT
§979-N. Separability
1. If any clause, sentence, paragraph or part of this chapter, or the application thereof to any person or circumstances, shall,
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 and the application of such provision to other persons or circumstances, but shall
be confined in its operation to the clause, sentence, paragraph or part thereof, directly involved in the controversy in which
such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative
intent that this chapter would have been adopted had such invalid provisions not been included.
[1973, c. 774 (new).]
2. Nothing in this chapter or any contract negotiated pursuant to this chapter shall in any way be interpreted or allowed to
restrict or impair the eligibility of the State of Maine or any of its agencies in obtaining the benefits under any federal
grant in aid or assistance programs.
[1973, c. 774 (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 - §979-O. Name
head>
Title 26: LABOR AND INDUSTRY
Chapter 9-B: STATE EMPLOYEES LABOR RELATIONS ACT
§979-O. Name
The name of the Public Employees Labor Relations Board is changed to the Maine Labor Relations Board. Whenever the name Public
Employees Labor Relations Board appears in law, it shall be construed to mean Maine Labor Relations Board.
[1975, c. 564, § 38 (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 - §979-P. Publication of initial proposals
head>
Title 26: LABOR AND INDUSTRY
Chapter 9-B: STATE EMPLOYEES LABOR RELATIONS ACT
§979-P. 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, § 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 - §979-Q. Separation of roles
head>
Title 26: LABOR AND INDUSTRY
Chapter 9-B: STATE EMPLOYEES LABOR RELATIONS ACT
§979-Q. Separation of roles
1. Officers and employees. No officer or employee of the Bureau of Employee Relations may be an employee or officer of the Bureau of Human Resources.
No officer or employee of the Bureau of Human Resources may be an employee or officer of the Bureau of Employee Relations.
[1985, c. 785, Pt. B, § 119 (new).]
2. Disclosure of certain information for grievance and other proceedings. The Director of Human Resources may release to the Director of Employee Relations specific information designated confidential
by this subsection which has been requested by the Director of Employee Relations to be used in negotiations, mediation, fact-finding,
arbitration, grievance proceedings and other proceedings in which the Director of Employee Relations represents the State
as defined in this subsection. For the purpose of this subsection, "other proceedings" means unemployment compensation proceedings,
workers' compensation proceedings, human rights proceedings and labor relations proceedings.
Confidential information provided under this subsection to the Bureau of Employee Relations shall be governed by the following.
A. The information to be released shall be information only as necessary and directly related to the proceeding as determined
by the Director of Human Resources.
[1987, c. 673, §2 (new).]
B. The Director of Employee Relations shall specify in writing the confidential information required in the proceedings and
the reasons explaining the need for the information, and shall provide a copy of the written request to the employee or employees.
[1987, c. 673, §2 (new).]
C. The proceeding for which the confidential information is provided shall be private and not open to the public; or, if the
proceeding is open to the public, the confidential information shall not be disclosed except exclusively in the presence of
the fact finder, the parties and counsel of record, and the employee who is the subject of the proceeding and provisions are
made to ensure that there is no public access to the confidential information.
[1987, c. 673, §2 (new).]
The Director of Employee Relations may use this information in grievance proceedings and provide copies to the employee organization
that is a party to the proceedings, provided the information is directly related to those proceedings as defined by the applicable
collective bargaining agreement. Confidential personnel records in the possession of the Bureau of Employee Relations shall
not be open to public inspection and shall not be "public records," as defined in Title 1, section 402, subsection 3.
[1987, c. 673, §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 - §979-R. Continuation of grievance arbitration provisions
head>
Title 26: LABOR AND INDUSTRY
Chapter 9-B: STATE EMPLOYEES LABOR RELATIONS ACT
§979-R. 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, §2 (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, §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 - §979-S. Representation of employees in certain limited-period positions
head>
Title 26: LABOR AND INDUSTRY
Chapter 9-B: STATE EMPLOYEES LABOR RELATIONS ACT
§979-S. Representation of employees in certain limited-period positions
This section governs limited-period positions created for former regular employees of the State who are receiving workers'
compensation payments from the State when creation of the positions will enable those employees to return to productive employment
with the State. A person placed in such a limited-period position retains the employment and bargaining unit status that
person had attained under this chapter prior to the injury that resulted in workers' compensation payments. The scope of
representation by the bargaining agent is limited to terms and conditions of employment unrelated to work capacity, the rehabilitation
effort or any other matter prescribed or controlled by workers' compensation law unless such terms are specifically negotiated
as authorized by Title 39-A, section 110. This section may not be construed to authorize the creation of limited-period positions
or to limit the employee's right to designate the employee's collective bargaining agent as that employee's representative
concerning matters arising under workers' compensation laws.
[2001, c. 427, §1 (new); §2 (aff).]
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 - §979. Purpose
head>
Title 26: LABOR AND INDUSTRY
Chapter 9-B: STATE EMPLOYEES LABOR RELATIONS ACT
§979. 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 the State and its employees and between the Legislature and its employees by providing a uniform basis
for recognizing the right of state or legislative 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.
[1997, c. 741, §1 (amd); §12 (aff).]
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
