An Act To Provide Collective Bargaining Rights to Certain Forest Products Workers
Maine Legislature, Session 121, LD 1318
Committee: Labor
Sponsors: SMITH, MARTIN, HATCH, HUTTON, JACKSON, PATRICK, BRYANT, EDMONDS, STANLEY
Amends: 5 MRSA §12004-B, 26 MRSA §1354

Legislative Document 
No. 1318 
H.P.972 
House of Representati ves, March 11, 2003 
An Act To Provide Collective Bargaining Rights to Certain Forest 
Products Workers 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Representative SMITH of Van Buren. 
Cosponsored by Senator MARTIN of Aroostook and 
77/~ 
1?7.1l!d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: HATCH of Skowhegan, HUTTON of Bowdoinham, JACKSON of Fort Kent, 
PATRICK of Rumford, Senators: BRYANT of Oxford, EDMONDS of Cumberland, HATCH 
of Somerset, STANLEY of Penobscot. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §12004-B, sub-§10 is enacted to read: 
10. 
Forestry 
Labor 
Forest 
Products 
Bargaining 
Board 
$75 per day 
MRSA 
§1354 
Sec. 2. 26 MRSA c.lS is enacted to read: 
CHAPTER 18 
FOREST PRODUCTS HARVESTERS AND HAULERS 
COLLECTIVE BARGAINING ACT 
§135l. 
Legislative findings 
The harvesting and hauling of forest products is performed 
by numerous individual loggers and truckers who, despite being 
labeled "independent contractors" are, effectively, employees of 
forest landowners. 
The compensation and bargaining position of 
those individuals are adversely affected unless they are able to 
Jo~n 
together 
voluntarily 
in 
cooperative 
associations 
as 
authorized by law. 
Furthermore, membership in such an association is meaningful 
only if a 
landowner contracting for harvesting and hauling of 
forest products is required to bargain in good faith with the 
association as the representative of its members. 
This chapter provides standards for the qualification of 
forest products harvesting and hauling cooperative associations 
for bargaining purposes, defines the mutual obligation of forest 
landowners and cooperative associations to bargain with respect 
~he harvesting and hauling of forest products and provides for 
the enforcement of such an obligation. 
§1352. Short title 
This chapter is known 
and may 
be cited as 
"the Forest 
Products Harvesters and Haulers Collective Bargaining Act." 
§1353. 
Definitions 
As 
used 
in this 
chapter, 
unless 
the 
context 
otherwise 
indicates, the following terms have the following meanings. 
1. 
Board. 
"Board" means 
the Forest Products Bargaining 
Board created in this chapter. 
Page l-LR132l(1) 
2. 
Forest landowner. 
"Forest landowner" means 
a person 
that owns more than laa,aaa acres of forest land in this State or 
the agent or subsidiary of such a person, any of whom is involved 
in contracting or negotiating contracts or other arrangements, 
written or oral, 
with forest products 
harvesters 
or 
forest 
products haulers. 
3. 
Forest products harvester. 
"Forest products harvester" 
or "harvester" means a person having a place of business in this 
State who is engaged in the harvesting of trees from Maine 
forests in the State. 
4. 
Forest products 
harvesting 
and 
hauling 
coqperative 
association. 
"Forest products harvesting and hauling cooperative 
association" or "association" means 
an association of forest 
products harvesters, forest products haulers, or a combination of 
the 2, formed for the mutual benefit of its members. 
5. 
Forest products hauler. 
"Forest products hauler" or 
"hauler" means a person having a place of business in this State 
who is engaged in the hauling of harvested trees to mills. 
6. 
Person. 
"Person" 
includes one or more 
individuals, 
partnerships, corporations and associations. 
7. 
Prior course of dealing. 
"Prior course of dealing" with 
respect to a forest products harvester, forest products hauler or 
qualified bargaining association means that a forest landowner 
contracted 
for 
services 
with 
that 
harvester, 
hauler 
or 
association in any 2 of the preceding 3 years. 
The sale by a 
forest landowner of that landowner's business does not negate any 
prior course of dealing that harvesters or haulers have had with 
the business. 
8. 
Oualified bargaining association. 
"Qualified bargaining 
association" 
means 
a 
forest 
products 
harvesting 
and 
hauling 
cooperative association qualified under section 1355. 
§1354. Forest Products Bargaining Board 
1. 
Board. 
The 
Forest 
Products 
Bargaining 
Board, 
established by Title 5, section l2004-B, subsection 10, located 
in the Department of Labor and referred to in this chapter as 
"the board" shall administer this chapter. 
2. 
Membership: chair. 
The board consists of 5 members and 
alternates, appointed by the Governor. 
A. 
Two members and one alternate are appointed from a list 
of names submitted by forest products harvesting or hauling 
cooperative 
associations 
organized 
for 
purposes 
of 
this 
chapter, and one member and one alternate are appointed from 
a 
list 
of 
names 
submitted 
by 
forest 
landowners. 
An 
alternate serves when for any reason the respective member 
is unable to serve. 
B. 
Two members are appointed to represent the public. A 
public member may not hold stock, securities or any other 
interest in a 
forest products harvester, forest products 
hauler or forest landowner. 
C. 
One of the public members serves as the board's chair, 
designated by the Governor. 
D. 
Members shall take the oath of office prescribed for 
state officers. 
3. 
Term of office; vacancy. 
The term of office for all 
members and alternates is 3 years. 
Members other than public 
members 
or alternates 
may 
not 
serve 
more 
than 
terms 
in 
succession. 
In the event of a 
vacancy, 
the Governor shall, 
within one month, appoint a successor to fill the unexpired term. 
4. 
Removal. 
Members of the board must be removed by the 
Commissioner of Labor, upon notice and hearing, for neglect of 
duty or malfeasance in office but for no other cause. 
If a 
member is absent from 3 successive meetings of the board and the 
board finds the member's excuse for the absences to be without 
merit, that member's conduct is considered neglect of duty. 
5. 
Quorum. 
A vacancy in the board does not impair the 
right of the remaining members to exercise all the powers of the 
board. Three members of the board constitute a g;uorum at all 
times, provided that reasonable notice has been given to all 
members of the board of the subject matter and date of any 
meeting at which the board is to exercise any of its powers. 
6. 
Compensation. 
Members 
and alternate members 
of 
the 
board are compensated according to the provisions of Title 5, 
chapter 379. 
7. 
Rules. 
The board may adopt, amend and repeal rules as 
necessary or appropriate to carry out this chapter. 
The board 
shall act as expeditiously as possible to adopt interpretive and 
procedural rules for carrying out the purposes of this chapter. 
Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
",,-. 
8. 
Annual report. 
The board shall issue an annual report 
to the Commissioner of Labor and to the joint standing committee 
of the Legislature having jurisdiction over labor matters on or 
before January 15th of each year regarding the operation and 
effectiveness of this 
chapter. 
The 
report 
must 
address 
the 
following issues: 
A. 
Unfair practices: 
B. 
Qualification of forest products harvesting and hauling 
cooperative associations: 
C. 
Funding of the board: 
D. 
Investigation and hearing procedures: 
E. 
Any recommended changes to this chapter: and 
F. 
Any other issues relating to this chapter that the board 
considers appropriate. 
§1355. 
Qualification of forest products harvesting and hauling 
cooperative associations 
1. 
Qualification. 
Only 
forest 
products 
harvesting 
and 
hauling cooperative associations that have been qualified in 
accordance 
with 
this 
section 
are 
entitled 
to 
the 
benefits 
provided by this chapter. 
2. 
Petition. 
A forest ~ucts harvesting and hauling 
cooperative association desiring qualification with respect to 
one 
or 
more 
forest 
landowners 
shall file with the board 
a 
petition for qualification with respect to the 
landowner 
or 
landowners. 
The petition must contain the information and be 
accompanied by the documents required by the rules of the board. 
3. 
Determination; hearing. 
The board shall provide notice 
and opportunity for a hearing in accordance with Title 5, chapter 
375, 
subchapter 4. 
The board shall qualify a forest products 
harvesting and hauling association if, based upon the evidence at 
the hearing, the board finds that: 
A. 
Under 
the 
charter 
documents 
or 
the 
bylaws 
of 
the 
association, the association is directly or indirectly owned 
and controlled by forest products harvesters or haulers or a 
combination of the 2: 
B. 
The association has membership agreements signed by each 
of its members that authorize the association to represent 
each member for the purposes of this chapter: 
C. 
The association is financially sound and has sufficient 
resources and management to carry out the purposes for which 
it was organized: 
D. 
The association represents 51 % or more of the forest 
products harvesters or the forest products haulers who have 
a prior course of dealing with the forest landowner or 
landowners named in the petition under subsection 2. 
If the 
board has reasonable cause to question such representation, 
the board shall require a secret ballot election to certify 
the percentage of representation: and 
E. 
The association has as one of its functions acting as 
principal or agent for its members in negotiations with 
forest landowners for prices and other terms of contracts 
with 
respect 
to 
the 
harvesting 
and 
hauling 
of 
forest 
products. 
4. 
Refiling of petition. 
If, 
after the hearing under 
subsection 
2, 
the 
board 
does 
not 
consider 
an 
association 
qualified, it shalL in accordance with Title 5, 
chapter 375, 
subchapter 4, clearly specify in its decision the reasons for the 
failure to qualify. 
An association seeking reconsideration of a 
board decision must refile its petition within 30 days of receipt 
of the board's initial decision. 
The board shall reconsider its 
decision within 30 days after the date on which the petition is 
refiled. 
5. 
NQtice. 
After the bQard qualifies an aSQQciation, it 
shall give notice of the qualification to all 
known 
forest 
landowners that, in the ordinary course of business, contract 
with 
the 
forest 
products 
harvesters 
or 
haulers 
that 
the 
associgtion represents. 
6. 
Annual report. 
A qualified bargaining association shall 
file an annual report with the board in the form required by 
rules of the board. The annual report must contain information 
that will enable the board to determine whether the association 
continues to meet the standards for qualification. 
1. 
Revocation. 
If 
a 
qUglified 
bargaining 
association 
ceaseQ to maintain the standards for qualification set forth in 
subsection 3, the board shall, in a manner consistent with the 
Maine Administrative Procedure Act, apply to the District Court 
to revoke the qualification of that association. 
8. 
Confidentiality. 
InfQrmation provided to the bOgrd by 
an assQciation regarding the identificatiQn of its members and 
information provided to the board by a forest landowner regarding 
its contracts with harvesters and haulers is confidential and may 
not to be disclosed to the adverse party or any other person 
wi thout the consent of the association or the forest landowner, 
respectively, until the board has rendered its final decision as 
to the qualification of the association. 
After a final decision 
has been rendered, 
the information is no 
longer confidential 
information, but its disclosure is governed by Title L 
section 
402, subsection 3, paragraph B. 
§1356. Bargaining 
1. 
Obligation. 
It is the mutual obligation of a forest 
landowner and a qualified bargaining association qualified with 
respect to that landowner to bargain in good faith. 
2. 
Bargaining 
in 
good 
faith. 
To 
be 
considered 
as 
bargaining 
in 
good 
faith, 
the 
forest 
landowner 
and 
the 
association qualified with respect to that landowner must: 
A. 
Meet at reasonable times; 
B. 
Negotiate in good faith with respect to the terms of 
contracts for hauling or harvesting services to be provided 
by forest products harvesters or forest products haulers 
represented by the association; and 
C. 
If requested by either party, execute a written contract 
incorporating any agreement reached. 
The obligation to bargain in good faith does not require either 
party to agree to a 
proposal or to make 
a 
concession. 
The 
obligation 
continues 
until 
the 
commencement 
of 
required 
mediation, as provided in section 1357, subsection 2. 
§1357. Dispute resolution 
1. 
Voluntary 
mediation. 
At 
any 
time 
prior 
to 
the 
commencement of required mediation under subsection 2, a forest 
landowner and a qualified bargaining association may mutually 
agree to obtain or may unilaterally obtain the services of a 
mediator. 
Regardless of whether mediation is sought mutually or 
unilaterally, both parties shall participate in mediation in good 
fai tho 
The parties shall use the services of the State I s Panel 
of Mediators for mediation and shall share all costs of mediation 
equally. 
A. 
Costs 
of 
mediation 
and 
any 
applicable 
state 
cost 
allocation program charges must be paid into a special fund 
administered 
by 
the 
Maine 
Labor 
Relations 
Board. 
The 
Executive Director of the Maine Labor Relations Board shall 
authorize mediation services and expenditures incurred by 
members of the panel. 
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 wi thin 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°-6 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. 
B. 
Voluntary mediation may not last for more than 5 daysL 
unless 
extended 
by 
mutual 
agreement 
of 
the 
bargaining 
parties. 
2. 
Reqyired mediation. 
Any matters remaining in dispute 
between a forest landowner and a qualified bargaining association 
days 
prior 
to 
the 
contract 
date, 
as 
defined 
in 
this 
subsection, 
must 
be 
submitted 
by 
the 
parties 
to 
required 
mediation. 
A. 
For purposes of this section, the contract date is as 
follows. 
If there is 
no 
contract existing between the 
parties 
at 
the 
time 
of 
required 
mediation 
under 
this 
section, the contract date is the date set by the board, in 
consultation with 
the parties, 
as 
the date 
by 
which 
a 
contract must be signed by both parties. 
After that date, 
as 
between 
those 
parties, 
the 
contract 
date 
is 
the 
anniversary of the date set by the board initially. 
Once a 
contract date has been established under this paragraph, the 
parties may mutually agree to a different contract date, 
provided that they do so no less than 45 days prior to the 
contract date established under this paragraph. 
B. 
If the parties have not mutually agreed on a mediator 
and on the sharing of costs of mediation 30 days before the 
contract date, the parties shall notify the board and the 
board shall request the services of the State's Panel of 
Mediators. 
If services of the State's Panel of Mediators 
are used, 
the parties must share all costs of mediation 
equally. 
C. 
The parties must continue mediation until: 
agreement is 
reached on all matters; 5 days from the first mediation, or 
longer if extended by mutual agreement of the parties; or 
the mediator declares that resolution by mediation is not 
possible, whichever is earliest. 
D. 
At 
the 
end 
of 
the 
mediation 
period 
or 
upon 
the 
mediator's earlier declaration, the mediator shall promptly 
prepare 
a 
report 
specifying all 
agreements 
reached 
in 
mediation and recommending that the parties either resume 
bargaining as to all matters remaining in dispute or that 
the parties submit all matters 
rema1n1ng in dispute to 
arbitration. 
The parties shall proceed according to the 
mediator's recommendation. 
E. 
If the parties are to resume bargaining, bargaining must 
commence on the day after the day on which the mediator 
makes that recommendation and must continue for a period of 
time not to exceed 2 days. Any matters remaining in dispute 
at the 
end of 
the 
specified bargaining period must 
be 
submitted to arbitration. 
3. 
Arbitration. 
The parties shall notify the board and the 
Commissioner of Labor at the commencement of required mediation 
and an arbitrator must be selected as provided in paragraph D. 
One day after the mediator 
recommends arbitration or one day 
after the conclusion of the period of further bargaining, 
as 
provided 
in 
subsection 
2, 
each 
party 
shall 
submit 
to 
the 
arbitrator its final offer, 
in which it shall identify all 
matters as to which the parties agree with contractual language 
setting forth these agreements and all matters as to which the 
parties do not agree, with contractual language setting forth the 
party's final offer for resolution of those disagreements. 
A. 
For all matters submitted to arbitration, the arbitrator 
shall choose between the final offers of the parties. 
If 
the 
parties 
reach 
an 
agreement 
on 
the 
matters 
under 
arbitration before the arbitrator issues a decision, they 
may submit a joint final offer that the arbitrator shall 
accept and render as the decision. The arbitrator may hold 
hearings 
and 
administer 
oaths, 
examine 
witnesses 
and 
documents, 
take testimony and receive evidence and issue 
subpoenas to compel the attendance of witnesses 
and the 
production of records. 
A person who 
fails to obey the 
subpoena of an arbitrator may be punished for contempt of 
court on application by the arbitrator to the Superior Court 
for the county in which the failure occurs. 
The arbitrator 
may use other information in addition to that provided by or 
elicited from the parties. 
The arbitrator shall issue a 
decision within 10 days of the commencement of arbitration 
and that decision is binding on the parties. 
If the parties 
reach 
an 
agreement 
on 
the matters 
in 
the 
arbitrator's 
decision prior to signing the contract. they may submit a 
joint final offer to the arbitrator. 
The arbitrator shall 
rescind the previous decision and accept and render the 
joint final offer as the decision. 
B. 
Within 5 days of the arbitrator's decision, the board 
shall prepare 
a 
contract, 
which must 
include all terms 
agreed 
to 
by 
the parties in bargaining or 
settled by 
voluntary or 
required mediation or 
by arbitration, 
and 
present the contract to the parties, who shall sign the 
contract within 2 days of its presentation. 
C. 
The Commissioner of Labor, 
in consult,ation with the 
board, shall establish a panel of arbitrators, who must be 
qualified by education, training or experience to carry out 
the responsibilities of an arbitrator under this chapter. 
D. 
Upon notification by the parties as provided in this 
subsection, the Commissioner of Labor shall submit to the 
parties a list containing an odd number of names of members 
of 
the 
panel 
of 
arbitrators 
who 
are 
available 
for 
arbitration. 
The parties shall alternately strike names 
from the list until a 
single name is left, who is the 
arbitrator. The order of striking names must be determined 
by chance. 
E. 
All costs of arbitration must be borne equally by the 
parties. 
The arbitrator shall submit a statement of charges 
and expenses to the parties and to the board. 
Each party 
shall pay the arbitrator directly. 
4. 
Criteria for arbitrator decision. 
The arbitrator shall 
consider the following factors in making a decision pursuant to 
subsection 3: 
A. 
Prices or projected prices for the harvesting or hauling 
services paid by other forest landowners in the State and in 
other states: 
B. 
The quantity of forest products available in the market 
area or competing areas: 
" • 
I 
C. 
The relationship between the quantity of forest products 
produced and the quantity produced by the forest landowner; 
D. 
The harvester's or hauler's costs, including, but not 
limited to, wages, overhead, fuel, insurance and the cost of 
replacing equipment; 
E. 
Environmental and highway laws or rules; 
F. 
The impact of the award on the competitive position of 
the landowner in the market area or competing market areas; 
G. 
A fair return on investment; 
H. 
The ~cies of tree, type of machinery and method of 
tree harvesting involved; 
I. 
The amount of hauling conducted on private roads and the 
amount of hauling conducted on public roads; 
J. 
Safety considerations; 
K. 
Prior agreements of the parties; and 
L. 
Other factors that are normally or traditionally taken 
into consideration when determining prices for the services 
involved. 
5. 
Violation. 
Failure by a party to comply with any of the 
requirements of this section is a violation of this chapter. 
§1358. 
Failure to bargain in good faith 
1. 
Complaint; 
he~!:.ing. 
Whenever it is charged that a 
qualified bargaining association or forest landowner refuses to 
bargain in good faith as required by this chapter, the board 
shall provide that person with notice and opportunity to be 
heard, in accordance with Title 5, chapter 375, subchapter 4. 
The 
board 
shall 
request 
that 
the 
Attorney 
General, 
or 
any 
attorney in the Department of the Attorney General designated by 
the Attorney General, be present at such a hearing to advise the 
board on procedure and on the admissibility of any evidence. 
2. 
Failure by forest landowner. 
Failure to bargain in good 
faith for a forest landowner includes, but is not limited to: 
A. 
Failure 
to 
disclose 
to 
the 
qualified 
bargaining 
association 
the 
existence 
of 
contracts 
between 
that 
landowner 
or 
a 
subsidiary of 
the 
landowner 
and 
forest 
products haulers or harvesters who reside in Canada; or 
B. 
Basing that landowner's negotiation of prices and terms 
of contracts on contracts with other harvesters or haulers 
who have the benefit of subsidies or offsetting contracts. 
3. 
Findings. 
If the board determines, by a preponderance 
of the evidence, that the person complained of has refused to 
bargain in good faith in violation of this chapter, it shall 
state its findings of fact, shall issue an order requiring the 
person 
to 
bargain 
in 
good 
faith 
and 
shall 
order 
further 
affirmative action, excluding an award of damages, to effectuate 
the policies of this chapter. 
Failure to comply with such an 
order is a violation of this chapter. 
If the board determines 
that the person complained of has not refused to bargain in good 
faith, it shall state its findings of fact and shall issue an 
order dismissing the charges. 
4. 
Modification. 
Until the record in a case has been filed 
in a court as provided in section 1361, the board may at any 
time, upon reasonable notice and in a manner it considers proper, 
modify or set aside, in whole or in parL any finding or order 
made or issued by it. 
§1359. 
Unfair practices 
1. 
Unfair practices by forest landowners. 
Forest products 
harvesters and haulers may join together voluntarily in qualified 
bargaining associations as authorized by law without interference 
by forest landowners. 
A forest landowner may not engage in or 
permit an employee or agent to engage in any of the following 
practices, which are unfair practices under this chapter: 
A. 
Coercing a harvester or hauler in the 
right to join and belong to or to refrain 
belonging to 
an association or 
refusing 
harvester or hauler because of the exercise 
join and belong to an association except 
paragraph I; 
exercise of the 
from joining or 
to deal with 
a 
of the right to 
as provided in 
B . 
Dis c r im ina t i ng 
ag-"'a"'i'-"n"-'s"-t"'----"a"------"h""a'-"r'-'v'-'e"-s"'-"'t-"'e'-"r~_o"'_"'_r _ 
_'h'_'_""a_"u'_"l'""e'_'r'_____"w,-"i,-,t~h 
respect to price or other terms of hauling or harvesting 
forest products because of that person's membership in or 
contract with an association; 
C. 
Coercing or 
intimidating 
a 
harvester 
or 
hauler 
to 
breach, cancel or terminate a membership agreement or other 
agreement wi th an association or a contract with a forest 
landowner; 
Page ll-LRI321(1) 
.. 
, 
( 
D. 
Paying or loaning money, giving anything of value or 
offering any other inducement to a harvester or hauler for 
refusing or ceasing to belong to an association; 
E. 
Making or circulating unsubstantiated reports about the 
finances, management or activities of associations or forest 
landowners; 
F. 
Conspiring, 
combining, agreeing or arranging with any 
other person to do, or aiding or abetting the doing of, any 
practice that violates this Act; 
G. 
Refusing 
to 
bargain 
with 
a 
qualified 
bargaining 
association with whom the forest landowner has had a prior 
course of dealing or with a qualified bargaining association 
that 
represents 
harvesters 
or 
haulers 
that 
have 
had 
substantial dealing with the forest landowner prior to the 
qualification of the association; 
H. 
Negotiating with a harvester or hauler included in the 
qualified bargaining association after the association is 
accredited; or 
I. 
Contracting 
for 
hauling 
or 
harvesting 
with 
other 
persons 
under 
terms 
more 
favorable 
than 
those 
terms 
negotiated with a gualified bargaining association for such 
hauling or harvesting, unless the forest landowner has first 
offered 
to 
contract 
for 
those 
services 
under 
the 
more 
favorable terms from the members of the qualified bargaining 
association and those members 
have failed to supply the 
required services within a reasonable time according to the 
more favorable terms. 
2. 
Unfair practices by associations. 
An association may 
not engage or permit an employee or agent of the association to 
engage 
in 
the 
following 
practices, 
declared 
to 
be 
unfair 
practices under this chapter: 
A. 
Acting in 
a 
manner 
contrary to 
the 
bylaws 
of 
the 
association; 
B. 
Refusing to bargain with a forest landowner with whom 
the qualified bargaining association has had prior dealing 
or with whom its harvesters or haulers have had substantial 
dealing prior to qualification of the association; 
C. 
Coercing or intimidating a forest landowner to breach, 
cancel 
or 
terminate 
a 
membership 
agreement 
or 
other 
agreement with an association or a contract with a harvester 
or hauler; 
Page l2-LR132l(1) 
D. 
Making or circulating unsubstantiated reports about the 
finances, management or activities of other associations or 
forest landowners: 
E. 
Conspiring, combining, agreeing or arranging with any 
other person to do, or aiding or abetting the doing of, any 
practice that violates this Act: 
F. 
Hindering 
or 
preventing 
to 
hinder 
or 
prevent, 
by 
picketing, threats, intimidations, force or coercion of any 
kind, 
the 
pursuit 
of 
any 
lawful 
work 
or 
employment: 
obstructing or interfering with entrance to or egress from 
any place of employment: or obstructing or interfering with 
free 
and 
uninterrupted 
use 
of 
public 
roads, 
streets, 
highways, 
railways, 
airports or other ways of travel or 
conveyance: and 
G. 
Exercising coercive pressure by picketing, patrolling or 
using other actions against business establishments other 
than 
the 
premises 
owned 
or 
controlled 
by 
the 
forest 
landowner in order to cause the business establishments to 
cease doing business with that forest landowner. 
3. 
Notice; 
hearing. 
Whenever 
it is 
charged 
that 
an 
association 
or 
a 
forest 
landowner 
has 
committed 
an 
unfair 
practice under this section, the board shall provide that person 
with notice and opportunity for 
a 
hearing in accordance with 
Title 5, chapter 375, subchapter 4. 
The board shall request that 
the Attorney General or any attorney in the Department of the 
Attorney General designated by the Attorney General be present at 
such a hearing and shall advise the board on procedure and on the 
admissibility of any evidence. 
4. 
Findings. 
If, upon a preponderance of the evidence, the 
board determines that the person complained of has committed an 
unfair practice in violation of this chapter, it shall state its 
findings of fact, shall issue an order requiring the person to 
cease 
and desist 
from 
such 
conduct 
and 
shall 
order further 
affirmative action, excluding an award of damages, to effectuate 
the policies of this chapter. 
Failure to comply with such an 
order is a violation of this chapter. 
If the board determines 
that 
the 
person 
complained 
of 
has 
not 
committed 
an 
unfair 
practice, it shall state its findings of fact and shall issue an 
order dismissing the charges. 
5. 
Frivolous charges. 
If the board determines 
that 
a 
charge 
of unfair practice is frivolous, 
it shall state its 
findings of fact and may issue a reprimand to the person making 
the charge. When the board determines that a person who made a 
( 
charge that was determined frivolous did so knowing the charge to 
be frivolous, the board shall state its findings of fact and 
shall issue an order requiring that person to pay the reasonable 
attorney 0 s fees and double the amount of other reasonable costs 
incurred by the person against whom 
the charge 
was 
made 
in 
defending 
against 
the 
charge 
before 
the 
board. 
When 
it is 
disputed, 
reasonableness must be determined by the board. 
The 
order must also require that person to reimburse the State for 
the per diem payments made to board members for their attendance 
at the hearing on the charge. 
Failure to comply with such an 
order is a violation of this chapter. 
§13 60. Subpoena 
In any proceeding before the board under this chapter, the 
board may issue subpoenas for the attendance of witnesses or for 
the production of 
documents 
and 
may 
examine witnesses 
under 
oath. 
The board shall issue subpoenas for the attendance of 
witnesses 
or 
for 
the 
production 
of 
documents 
upon 
written 
application of a party to a proceeding. 
A person who fails to 
obey the subpoena of the board may be punished as for contempt of 
court on application by the board to the Superior Court for the 
county 
in 
which 
that 
failure 
occurred. 
Witnesses 
who 
are 
summoned before the board or its agents are entitled to the same 
witness and mileage fees as are paid to witnesses subpoenaed in 
the District Courts of the State. 
§1361. 
Enforcement of orders and judicial review 
1. 
Complaint. 
The board may file a complaint in Superior 
Court for the enforcement of orders issued by the board under 
sections 1358 and 1359 and for appropriate temporary relief or a 
restraining order. 
The board shall file with the court the 
original or certified copy of the entire record in the proceeding 
and shall cause notice of the complaint to be served upon the 
person against whom enforcement or relief is sought. 
The court 
may grant temporary relief or a restraining order as it considers 
just 
and 
proper, 
including 
making 
and 
entering 
a 
judgment 
enforcing: modifying and enforcing as so modified; or setting 
aside, in whole or in part, the order of the board. 
A. 
The court may not consider an objection that was not 
made to the board, unless the failure or neglect to make the 
objection is excused by extraordinary circumstances. 
The 
findings of the board with respect to questions of fact, if 
supported by substantial evidence on the record considered 
as a whole, are conclusive. 
B. 
If either party applies to the court for leave to adduce 
additional evidence and shows to the satisfaction of the 
court that such additional evidence is material and that 
there were reasonable grounds for the failure to adduce such 
evidence in the hearing before the board, 
the court may 
order such additional evidence to be taken before the board 
and to be made a part of the record. The board may modify 
its findings as to the facts, or make 
new findings, 
by 
reason of additional evidence so taken and filed. 
The board 
shall file any modified or new findings, which findings with 
respect to guestions of fact if supported by substantial 
evidence on the record considered as a whole are conclusive, 
and 
shall 
file 
its 
recommendations, 
if 
any, 
for 
the 
modification or setting aside of its original order. 
2. 
Stay. 
The provisions of Title 5, section 11004 govern 
any application for a stay of an order of the board. 
3. 
Violation of chapter: fines. 
A person who violates this 
chapter commits a civil violation for which a fine of not more 
than $5,000 
may 
be 
imposed. 
The 
board may 
seek 
fines 
for 
violation of this chapter in an action to enforce an order or in 
a separate action. 
If the violation is a refusal to bargain in 
good faith under section 1356 or 1358 or an unfair practice under 
section 1359, each day that such conduct occurs constitutes a 
separate violation. 
If the 
court 
imposes 
a 
fine 
against 
a 
gualified bargaining association for committing a violation under 
section 1356, 1358 or 1359 and that the association is unable to 
pay the fine, the court shall instead issue an order suspending 
for one year the association's rights as a gualified bargaining 
association under this chapter. 
§1362. 
Antitrust 
Notwithstanding any law to the contrary, the activities of 
gualified 
bargaining 
associations 
and 
forest 
landowners 
in 
bargaining with respect to the price and other terms for hauling 
or harvesting services performed under contract by the members of 
such gualified bargaining associations do not violate anti trust 
laws 
of 
this State. 
This 
chapter 
does 
not 
permit 
forest 
landowners to contract, combine or conspire with one another in 
bargaining with gualified bargaining associations. 
SUMMARY 
~ 
-
This bill enacts the Forest Products Harvesters and Haulers 
Collective Bargaining Act. 
It allows individual forest products 
harvesters and haulers to join together to bargain with forest 
landowners over the prices and other terms of contracts for 
harvesting and hauling trees in Maine forests. 
It requires a 
forest 
landowner 
to 
bargain 
in 
good 
faith 
with 
such 
an 
association if the association represents 51% or more of the 
harvesters or haulers that have a prior course of dealing with 
the 
forest 
landowner. 
The 
bill 
creates 
a 
Forest 
Products 
Bargaining Board to implement the Act, sets forth a procedure for 
mediation 
and 
arbitration if 
the 
parties 
can 
not 
come 
to 
agreement on their own and lists prohibited unfair practices. 
The bill is based on existing law allowing agricultural producers 
to form associations to bargain with handlers of agricultural 
products. 
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