An Act To Promote Stability in Labor Relations
Maine Legislature, Session 122, LD 1123
Committee Amendment CA_A_H492 (House)
Amends: 26 MRSA §964-A, 26 MRSA §979, 26 MRSA §1284-A

of the Clerk of 
COMMITTEE AMENDMENT "A" to H. P . 776, 
Act To Promote Stability in Labor Relations" 
L.D. 1123, Bill, "An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 26 MRSA §964-A, as enacted by PL 1997, c. 773, §l 
and affected by §7, is repealed and the following enacted in its 
place: 
§964-A. 
Continuation of grievance arbitration provisions 
1. 
Contract signed before October L 
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. 
2. 
Contract signed after October L 
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 
prov~s~ons 
enforceable by virtue of the static status guo doctrine and may 
Page l-LRI940(2) 
COMMITTEE AMENDMENT 
.. ro· 
~ 
COMMITTEE AMENDMENT ,A" to H.P. 776, L.D. 1123 
not add to, restrict or modify the applicable static status guo 
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 guo 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 
reguirements. 
Sec. 2. 26 MRSA §979.R, as enacted by PL 1997, c. 773, §5 and 
affected by §7, is repealed and the following enacted in its 
place: 
§979-R. 
Continuation of grievance arbitration provisions 
1. 
Contract signed before October I. 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. 
2. 
Contx;act signed after October 1. 2005. 
If a contract 
between a public employer and a bargaining agent signed after 
October I. 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 
prov2s20ns 
enforceable by virtue of the static status guo doctrine and may 
not add to, restrict or modify the applicable static status guo 
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 
COMMITTEE AMENDMENT 
( 
, 
.. 
~< 
~ 
COMMITTEE AMENDMENT .. fJ .. to H.P. 776, L.D. 1123 
to appeal, pursuant to the Uniform Arbitration Act. 
Disputes 
over which provisions in an expired contract are enforceable by 
virtue of the static status guo doctrine first must be resolved 
by the board, subject to appeal pursuant to applicable law. 
The 
grievance ar~itration 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 
reguirements. 
Sec. 3. 26 MRSA §l036 is enacted to read: 
§1036. 
Continuation of grievance arbitration provisions 
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 tbis section, an arbitrator shall apply only those 
prov1s1ons 
enforceable 
by 
virtue 
of 
the 
static 
status 
guo 
doctrine and may not add to, restrict or modify the applicable 
static status guo 
fQllowing 
the expiratiQn Qf 
the cQntract, 
unless 
the parties have 
otberwise 
agreed in 
the 
cQllective 
bargaining agreement. 
All such grievances that are appealed to 
arbitratiQn . are 
subject 
exclusively 
tQ 
the 
grievance 
and 
arbitratiQn process contained in the expired agreement and the 
bQard 
dQes 
nQt 
have 
jurisdiction Qver 
such grievances. 
The 
arbitrator's determination is subject to appeal pursuant to the 
Uniform Arbitration Act. 
Disputes Qver which prQvisions in an 
expired cQntract are enfQrceable by virtue Qf the static status 
guo dQctrine first must be resQlved by the bQard, subject to 
appeal pursuant to applicable law. 
The grievance arbitration is 
stayed pending resQlution Qf this issue by the bQard. 
The bQard 
may 
adQpt 
rules 
as 
necessary 
to 
establish 
a 
prQcedure 
to 
implement the intent Qf tbis section. 
Rules adQpted pursuant to 
this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Nothing in this sectiQn expands, 
limits 
Qr 
mQdifies 
the 
sCQpe 
Qf 
any 
grievance 
arbitration 
prQvisiQns, including procedural reguirements. 
Sec. 4. 26 MRSA §1284-A, as enacted by PL 1997, c. 773, §6 
and affected by §7, is repealed and the following enacted in its 
place: 
COMMITTEE AMENDMENT 
.. c"". 
~ 
COMMITTEE AMENDMENT ,A" to H.P. 776, L.D. 1123 
§1284-A. 
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 I. 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. 
2. 
Contract signed after October 1. 2005. 
If a contract 
between a public employer and a bargaining agent signed after 
October I. 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 ~ny arbitration that is conducted pursuant to this 
subsection, 
an arbitrator shall 
apply only those 
proV1s10ns 
enforceable by virtue of the static status quo dQctrine 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 
grievanc~s 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 proyisiQns 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 
bQard. 
The 
board 
may 
adopt 
rules 
as 
necessary to 
establish a procedure to implement the intent of this section. 
Rules adopted pursJ,,1.ant to this subsection are routine technical 
rules 
as 
defined in Title 
5. 
Chapter 
375. 
subchapter 
A. 
Nothing in this subsection expands. limits or modifies the scope 
of 
any grievance arbitration provisions. 
including procedural 
reguirements. ' 
SUMMARY 
This amendment replaces the bill. 
The amendment provides 
that, for an expired collective bargaining agreement signed after 
October 1, 
2005, 
the grievance arbitration provisions of the 
collective bargaining agreement that concern what is commonly 
known as the "static status quo" remain in effect until a new 
contract is executed. 
The 
amendment 
gives 
the 
Maine 
Labor 
Relations 
Board 
authority 
over 
disputes 
concerning 
the 
application of 
the 
static status 
quo 
doctrine, 
as 
well 
as 
rulemaking authority to implement the amendment's purposes. 
The 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. /1 .. to H.P. 776, L.D. 1123 
amendment 
further 
provides 
that 
a 
grievance 
appealed 
to 
arbitration is subject exclusively to arbitration, 
and that 
grievance arbitration will be stayed pending resolution of a 
dispute over application of the static status quo doctrine by the 
Maine Labor Relations Board. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 04/21/05 ;t?ae. 
LD 1123 
LR 1940(02) 
An Act To Promote Stability in Labor Relations 
Fiscal Note for Bill as Amended by Committee Amendment ,/1" 
Committee: Labor 
Fiscal Note Required: Yes 
Fiscal Note 
No net impact 
Requiring that the grievance arbitration provisions of an expired collective bargaining agreement signed after October 1, 
2005 that concern the "static status quo" remain in effect until a new contract is executed may result in additional 
arbitration costs to public employers, the University of Maine System, the Maine Community College System and Mail 
Maritime Academy. Because this legislation is effective on a prospective basis only, any additional arbitration costs can 
be factored into new contract negotiations. Therefore, this requirement is not a mandate. 
LR1940(2) - Fiscal Note - Page 1 of 1