An Act To Give Teachers a Greater Voice in School Improvement
Maine Legislature, Session 121, LD 1344
Committee: Education and Cultural Affairs
Sponsors: NORTON, EDMONDS, BLANCHETTE, CRAVEN, DAVIS, FISCHER, HUTTON, MARLEY, THOMAS, DOUGLASS
Amends: 26 MRSA §965

Legislative Document 
No. 1344 
H.P.990 
House of Representatives, March 12,2003 
An Act To Give Teachers a Greater Voice in School Improvement 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Representative NORTON of Bangor. 
Cosponsored by Senator EDMONDS of Cumberland and 
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frl.1Jld£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BLANCHETTE of Bangor, CRAVEN of Lewiston, DAVIS of Falmouth, 
FISCHER of Presque Isle, HUTTON of Bowdoinham, MARLEY of Portland, THOMAS of 
Orono, Senator: DOUGLASS of Androscoggin. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 26 MRSA §965, sub-§I, 1(C, as enacted by PL 1969, c. 
424, §l, is repealed and the fOllowing enacted in its place: 
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 is 
compelled to agree to a proposal or is required to make a 
concession and except that public employers of teachers 
shall meet and consult and may negotiate with respect to 
educational policies. 
For the purpose of this paragraph, 
educational policies do not include wages, hours, working 
conditions or contract grievance arbitration. 
For the purpose of this paragraph, "wages, hours, working 
conditions and contract grievance arbitration" includes: 
(1) 
The length of the teachers' working day, including 
the number and scheduling of hours that teachers are 
required to teach or be in attendance at school; 
(2) 
The scheduling and length of the teachers' work 
year, 
including the scheduling and length of school 
vacation and the commencement and ending of the school 
year: 
(3) 
The scheduling of teachers' assignments and duties 
wi thin the teachers' working day, 
including time for 
planning, 
preparation 
and 
professional 
nonteaching 
activities and responsibilities for the supervision of 
students: and 
(4) 
Procedures, 
criteria 
and 
standards 
for 
the 
evaluation of teachers, 
including the 
freguency 
and 
form 
of 
evaluations 
and 
the 
qualifications 
of 
evaluators. 
Provisions 
of 
collective 
bargaining 
agreements 
that 
constitute, 
relate 
to, 
affect 
or 
concern 
"educational 
policies" are valid and enforceable for the term of the 
agreement and are subject to the grievance and arbitration 
procedure of the agreement unless expressly excluded from 
the grievance or arbitration procedure; 
Sec. 2. 26 MRSA §965, sub-§4, as amended by PL 1975, c. 564, 
§18, is repealed and the following enacted in its place: 
4. 
Arbitration. 
This subsection establishes arbitration 
requirements and procedures. 
Page l-LR1568(1) 
A. 
In addition to 
the 
day period referred to 
in 
subsection 3, paragraph C, the parties 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 the 45 day period, 
they may jointly agree to an 
arbitration 
procedure 
that 
will 
result 
in 
a 
binding 
determination of their controversy. Such determinations are 
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 the 45-day period, 
then either party may, 
by written notice to the other, 
request that their differences be submitted to a board of 3 
arbi trators. 
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 first 
arbitrators so selected and named 
shall, wi thin 10 days from such request, agree upon and 
select and name a neutral arbitrator. 
If either party does 
not select its arbitrator or if the 2 arbitrators fail to 
agree upon, select and name a neutral arbitrator within the 
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 that request, the neutral arbitrator must be selected in 
accordance 
with 
rules 
and 
procedures 
prescribed 
by 
the 
American Arbitration Association for making that 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 
arbi trator, the 3 arbitrators or if either party has not 
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 consider appropriate. 
If the neutral 
arbitrator is selected by utilizing the procedures of the 
American 
Arbitration 
Association, 
the 
arbitration 
proceedings must be conducted in accordance with the rules 
and procedures of the American Arbitration Association. 
The 
hearing 
must 
be 
informal, 
and 
the 
rules 
of 
evidence 
prevailing in judicial proceedings are not binding. 
All 
documentary evidence and other data considered relevant by 
the 
arbitrators 
may 
be 
received 
in 
evidence. 
The 
arbitrators 
have 
the 
power 
to 
administer 
oaths 
and 
to 
require 
by 
subpoena 
the 
attendance 
and 
testimony 
of 
wi tnesses and the production of books, 
records and other 
evidence relative or pertinent to the issues represented to 
the arbitrators for determination. 
If 
the 
controversy 
is 
not 
resolved 
by 
the 
parties 
themselves, the arbitrators shall proceed as follows. 
(1) 
With 
respect 
to 
a 
controversy 
over 
salaries, 
pensions and insurance, the arbitrators shall recommend 
terms of settlement and may 
make 
findings of fact. 
Those recommendations and findings are advisory only 
and must be made, 
if reasonably possible, wi thin 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. 
(2) 
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. 
If 
made by a majority of the arbitrators, determinations 
are binding on both parties and the parties shall enter 
an agreement or take whatever other action that may be 
appropriate to carry out and effectuate such binding 
determinations. 
Such 
determinations 
are 
subject 
to 
review by the Superior Court in the manner specified by 
section 972. 
B. 
In 
reaching 
a 
decision 
under 
this 
section, 
the 
arbitrators shall consider the following factors: 
(1) 
The interests and welfare of the students and the 
public, and the financial ability of the employer to 
finance the cost items proposed by each party to the 
controversy; 
(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 this State and, with 
respect to proceedings involving teachers, other states 
in the United States; 
(3) 
The overall compensation presently received by the 
employees, 
including 
direct 
salary 
and 
wage 
compensation, 
vacation, 
holidays, 
life 
and 
health 
insurance, retirement and all other benefits received; 
(4) 
Other factors not confined to the factors set out 
in subparagraphs 
(1) 
to 
(3) 
that are normally 
and 
traditionally 
taken 
into 
consideration 
in 
the 
resolution of disputes involving similar subjects of 
collective bargaining in public education; 
(5) 
The need of the employer for qualified employees; 
(6) 
Conditions of employment in similar occupations 
outside public education; 
(7) 
The 
need to maintain appropriate relationships 
between different occupations in public education; 
(8) 
The 
need 
to 
establish 
fair 
and 
reasonable 
conditions 
in 
relation 
to 
job 
qualifications 
and 
responsibilities; and 
(9) 
The comfort of the employees and their ability to 
perform 
and work 
with efficiency, 
effectiveness 
and 
satisfaction. 
The results of all arbitration proceedings, recommendations and 
awards 
conducted 
under this section must 
be 
filed with 
the 
Executive 
Director 
of 
the 
Maine 
Labor 
Relations 
Board 
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 
chair of the arbitration panel shall submit a 
report of the 
arbitrator' s or chair' s activities to the Executive Director of 
the Maine Labor Relations Board not more than 5 days after 
th~ 
arbitration proceeding has terminated. 
SUMMARY 
This bill 
proposes 
to 
redefine 
as 
"working 
conditions" 
several 
specific 
issues 
that 
case 
law 
has 
identified 
as 
"educational policy." 
This modification to the bargaining law 
would allow school districts and school employees to negotiate 
such issues as preparation and planning time, work assignments 
and procedures for the evaluation of teachers.