Maine Legislature, Session 121, LD 1282
Committee Amendment CA_A_S160 (Senate)
Amends: 7 MRSA §1091, 7 MRSA §1091-A, 13 MRSA §1958-B

COMMITTEE AMENDMENT ",A-" to S.P. 413, L.D. 
To 
Amend 
the 
Laws 
Governing Agricultural 
Bargaining" 
1282, Bill, 
Marketing 
"An 
and 
Amend 
the bill by striking out all of 
section 
and 
inserting in its place the following: 
'Sec. 1. 7 MRSA §1091, as amended by PL 1987, c. 384, §1, is 
repealed. 
Sec.2. 7 MRSA §1091-A is enacted to read: 
§1091-A. 
Dues aDd fair §!bare fees 
1. 
Definitions. 
As 
used 
in this 
chapter, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Association" has the same meaning as in Title 13 , 
section 1774, subsection 3. 
B. 
"Fair share fee" means a fee deducted by a dealer or 
processor from a producer who is not an association member. 
2. 
As§!ociation due§!. 
When a member of an association makes 
a written assignment of dues to that association, those dues must 
be paid out of funds due or to become due to that member for any 
farm product produced or to be produced by that member or for any 
services performed or to be performed by that member in the 
production of farm products. A person who accepts or receives the 
product or services from the member is bound by that assignment 
after receiving written notice from the association or from the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "it" to S.P. 413, L.D. 1282 
member, 
and that 1?erson shall withhold the assigned dues from 
amounts 1?a.yable by that 1?erson to the member thereafter during 
the period of the assessment. 
3. 
Fair share fees for contracts entered into after the 
association agreement. 
A nonmember 1?roducer who sup1?lies farm 
1?roducts 
to 
a 
dealer 
or 
1?rocessor 
subject 
to 
collective 
bargaining and who enters into a 
preseason contract with the 
dealer or processor after the association has signed an agreement 
with that dealer or processor must be assessed a fair share fee 
equal to 50% of the amount charged to association members as 
dues. 
The dealer or processor shall withhold the fair share from 
the nonmember in the same manner as member dues are withheld. 
The 
nonmember shall make 
a 
written assignment directing the 
dealer or processor to have the fair share fee: 
A. 
Remitted to the association and used to defray the costs 
incurred by the association as the recognized collective 
bargaining 
unit 
in 
fulfilling 
its 
duty 
to 
represent 
producers in their relations with the dealer or processor; or 
B. 
Deposited in 
a 
fund established 
by 
the 
dealer 
or 
processor 
for 
awarding 
educational 
scholarships 
to 
contributing nonmembers and association producers. 
4. 
Fair share feeS for contracts entered into before the 
association agreement. 
Except as provided in subsection 5, 
a 
dealer or processor subject to collective bargaining may not 
assess or withhold a fair share fee from a nOnmember producer who 
enters into a preseason contract to supply farm products to that 
dealer 
or 
processor 
before 
the 
association 
has 
signed 
an 
agreement with that dealer or processor unless the nonmember 
producer directs the processor or dealer to do so in accordance 
with this subsection. 
A nonmember producer may make a written assignment directing the 
dealer or processor to withhold a fair share fee equal to 50% of 
the amount charged to association members as dues for deposit in 
a 
fund established by the dealer or 1?rocessor for 
awarding 
educational 
scholarships 
to 
contributing 
nOnmembers 
and 
association 1?roducers. 
5. 
Changes in nonmember contract. 
The dealer or processor 
shall withhold a fair share fee from a nonmember in accordance 
with subsection 3 when: 
A. 
The 
nonmember entered into 
a 
1?reseason contract to 
supply farm 1?roducts to a dealer or processor before the 
association 
signed 
an 
agreement 
with 
that 
dealer 
or 
processor; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,Ii" to S.P. 413, L.D. 1282 
B. 
The nonmember consents to a change or changes in that 
nonmember's contract after the association has signed an 
agreement with that dealer or processor and the change or 
changes provide an increase in contract value. ' 
Further amend the bill in section 2 in that part designated 
"§l.092." in the first paragraph in the last line (page 1, line 44 
in L.D.) by striking out the following: 
"1091" and inserting in 
its place the following: 
'lQ91 1091-A' 
Further amend the bill in section 3 in that part designated 
"§l.093." in subsection 1 in the 4th line (page 2, line 9 in L. D. ) 
by striking out the following: 
"1091" and inserting in its place 
the following: 
'lQ91 1091-A' 
Further amend the bill in section 3 in that part designated 
"§l.093." in subsection 2 in the 4th line (page 2, line 23 in 
L.D.) by striking out the following: 
"1091" and inserting in its 
place the following: 
'lQ91 1091-A' 
Further amend the bill in section 3 in that part designated 
"§l.093." in subsection 3 in the 3rd line (page 2, line 35 in 
L.D.) by striking out the following: 
"1091" and inserting in its 
place the following: 
'lQ91 1091-A' 
Further amend the bill in section 4 in subsection 2 in the 
11th line 
(page 
3, 
line 6 in L.D.) 
by inserting after the 
following "consecutive" the following: 
'business' 
Further amend the bill by striking out all of section 5 and 
inserting in its place the following: 
'Sec. 5. 13 MRSA §1958-B, sub-§5,,n, as repealed and replaced 
by PL 1989, c. 703, §2, is amended to read: 
D. 
Upon notification by the parties as provided in this 
subsection, the commissioner shall submit to the parties a 
list containing an odd number of names of members of the 
panel of arbitrators who are available for the specific 
pending arbitration and have expressed a 
willingness to 
~. The parties shall alternately strike names from the 
list until a single name is left, who shall-ee shall serve 
~ the arbitrator. 
The order of striking names 
must be 
determined by chance. 
Further amend the bill by relettering 
nonconsecutive 
Part 
letter 
or 
section 
consecutively. 
or renumber ing any 
number 
to 
read 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A .. to S.P. 413, L.D. 1282 
SUMMARY 
This amendment distinguishes between nonmember producers who 
enter into contracts with a dealer or processor based on whether 
the contract was entered into before or after the association 
signed an agreement with the dealer or processor. 
It establishes 
the fair share fee at 50% of association member dues. 
It allows 
a nonmember signing a contract after the association' s agreement 
is signed to choose between having that nonmember' s fair share 
dues paid to the association or deposited in a scholarship fund 
established by the dealer or processor. 
It gives a 
nonmember 
signing a contract before the association' s agreement is signed 
the option of having a fair share fee withheld and deposited in a 
scholarship fund established by the dealer or processor but 
requires a dealer or processor to withhold the fair share fee if 
the nonmember' s contract changes after the association signs an 
agreement and the changes increase the value of the nonmember' s 
contract. 
It 
also 
removes 
the 
provision 
that 
allows 
an 
arbitrator to issue a decision equal to or within the parameters 
of the final offer of either of the parties. 
COMMITTEE AMENDMENT