An Act to Extend the Jurisdiction of the Maine Labor Relations Board to Employees of Public Higher Education Institutions Who Have Been Employed Less than Six Months
Maine Legislature, Session 121, LD 0068
Committee: Labor
Sponsors: COLWELL, EDMONDS, DUNLAP, HUTTON, NORTON, THOMAS, WATSON, CATHCART, MA YO, STANLEY
Amends: 26 MRSA §1026

Legislative Document 
No. 68 
H.P.76 
House of Representatives, January 16,2003 
An Act to Extend the Jurisdiction of the Maine Labor Relations 
Board to Employees of Public Higher Education Institutions Who 
Have Been Employed Less than Six Months 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Speaker COLWELL of Gardiner. 
Cosponsored by Senator EDMONDS of Cumberland and 
111~/h·~ 
MllLICENT M. MacFARLAND 
Clerk 
Representatives: DUNLAP of Old Town, HUTTON of Bowdoinham, NORTON of Bangor, 
THOMAS of Orono, WATSON of Bath, Senators: CATHCART of Penobscot, MA YO of 
Sagadahoc, STANLEY of Penobscot. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 26 MRS A §1022, sub-§II, as amended by PL 1989, c. 443, 
§63, is further amended to read: 
11. 
University, 
academy or technical college employee. 
"University, 
academy or technical college employee" means 
any 
regular employee of the University of Maine System, 
the Maine 
Maritime Academy or the Maine Technical College System performing 
services within a campus or unit, except any person: 
A. 
Appointed to office pursuant to law; 
B. 
Appointed by the Board of Trustees as a vice-president, 
dean, 
director 
or 
member 
of 
the 
chancellor'S, 
superintendent's or Maine Technical College System executive 
director's immediate staff; or 
C. 
Whose 
duties 
necessarily 
imply 
a 
confidential 
relationship with respect to matters subject to collective 
bargaining as between such person and the university, the 
academy or the Maine Technical College SystemT-er~ 
Sec. 2. 26 MRSA §1026, sub-§I-A, as repealed and replaced by 
PL 2001, c. 559, Pt. JJ, §l, is amended to read: 
I-A. 
Additional bargaining; technical college employees. 
Cost items in any collective bargaining agreement of technical 
college 
employees 
must 
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 must be returned to the parties for further 
bargaining. 
"Cost 
items" 
includes 
salaries, 
pensions 
and 
insurance. 
Cost items related to a collective bargaining agreement reached 
under this chapter and submitted to the Legislature for its 
approval under this subsection may not be submitted in the same 
legislation that contains cost items for employees exempted from 
the definition of "technical college employee" 
under 
section 
1022, subsection llT-~~~-~~--ee&~-i~effi6-~~--~~-effip±eyee6 
eHemp~ea-~£~-~~-~~~r-&~b&ee~iea-117-~~~~-aeeG-Be~ 
be-eHe±aaea. 
Sec. 3. Application. 
This 
Act 
applies 
to all collective 
bargaining contracts executed or renewed on or after September 1, 
2003 by parties subject to the Maine Revised Statutes, Title 26, 
chapter 12. 
Page l-LR0630(1) 
SUMMARY 
Under 
the 
current 
labor 
relations 
law 
education employees, any person who has been 
than 6 months is excluded from the protection 
bargaining laws. 
This bill removes the 6-month 
governing higher 
employed for less 
of the collective 
exclusion.