An Act To Improve Binding Arbitration in Public Sector Labor Relations
Maine Legislature, Session 122, LD 0520
Committee: Labor
Sponsors: TUTTLE, BRYANT, CLARK, CUMMINGS, DUPLESSIE, JACKSON, RICHARDSON
Amends: 26 MRSA §965

Legislative Document 
No. 520 
H.P.396 
House of Representatives, February 1,2005 
An Act To Improve Binding Arbitration in Public Sector Labor 
Relations 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Representative TUTTLE of Sanford. 
Cosponsored by Senator BRYANT of Oxford and 
17/~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CLARK of Millinocket, CUMMINGS of Portland, DUPLESSIE of 
Westbrook, JACKSON of Fort Kent, Speaker RICHARDSON of Brunswick. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 26 MRSA §965, sub-§4, as amended by PL 1975, c. 564, 
§18, is further amended to read: 
4. 
Arbitration. In addition to the 30-day period referred 
to in subsection 3, the parties sHall 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 
sais the 45-day period, they may jointly agree to an arbitration 
procedure wHieH .t.hQ..t will result in a binding determination of 
their controversy. 
Such determinations wilJ.--ae 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 sais 
th~ 45-day period, then 
ei ther party may, by written notice to the other, request that 
their differences be submitted to a board of 3 arbitrators. 
The 
bargaining agent and the public employer shall wi thin 5 days of 
syeH the 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 
arbitrators so 
selected and named shall, within 10 days from syeH the request, 
agree upon and select and name a neutral arbitrator. 
If either 
party 
sHall 
does 
not 
select 
its 
arbitrator 
or 
if 
the 
arbitrators sHall fail to agree upon, select and name a neutral 
arbitrator within sais the 10 days, either party may request the 
American Arbitration Association or a successor organization to 
utilize 
its 
procedures 
for 
the 
selection 
of 
the 
neutral 
arbitrator. 
As 
soon 
as 
possible after receipt of 
syeH 
the 
request, 
the 
neutral 
arbitrator 
will 
must 
be 
selected 
in 
accordance with rules and procedures prescribed by the American 
Arbitration Association for making syeH g selection. 
The neutral 
arbitrator so selected will may 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 arbitrator, the 3 arbitrators 
or~ if 
either party sHall has not Have selected its arbitrator, the 2 
arbi trators, as the case may be, shall meet with the parties or 
their representatives, 
or 
both, 
forthwith, 
either 
jointly or 
separatelYTL make inquiries and investigationsTL hold hearingsT 
SF; and take such other steps as they seem consider appropriate. 
If the neutral arbitrator is selected by utilizing the procedures 
of 
the 
American 
Arbitration 
Association, 
the 
arbitration 
proceedings will must be conducted in accordance with the rules 
Page l-LR1939 (1) 
and 
procedures 
of 
the 
American Arbitration Association. 
The 
hearing saall must 
be 
informal, 
and 
the 
rules 
of 
evidence 
prevailing in judicial proceedings saall are not ae binding. Any 
and all documentary evidence and other data seeRles considered 
relevant by the arbitrators may be received in evidence. 
The 
arbitrators saall have the power to administer oaths and to 
require by subpoena the attendance and testimony of wi tnesseST 
and the production of books, records and other evidence relative 
or pertinent to the issues represented to them for determination. 
If the controversy is not resolved by the parties themselves, the 
arbi trators shall proceed as follows: Wita Except for municipal 
and 
county 
employees, 
professional 
firefighters 
and 
law 
enforcement 
personnel 
of 
police 
departments 
and 
sheriff's 
departments, 
with 
respect 
to 
a 
controversy 
over 
salaries, 
pensions 
and 
insurance, 
the arbitrators will 
shal~ recommend 
terms of settlement and may 
make 
findings of fact; 
s~ea the 
recommendations and findings will-ae are advisory only and will 
.!l1lJll be made, if reasonably possible, within 30 days after the 
selection of the neutral arbitrator; the arbitrators may in their 
discretionT make 
S\:lea the recommendations and findings public, 
and either party may make S\:lea the recommendations and findings 
public if agreement is not reached with respect to S\:lea the 
findings and recommendations within 10 days after their receipt 
from the arbitrators; with respect to a controversy over subjects 
other than salaries, pensions and insurance, and with respect to 
all 
matters 
concerning 
municipal 
and 
county 
employees, 
professional firefighters and law enforcement personnel of police 
departments and sheriff's department~ the arbitrators shall make 
determinations 
with 
respect 
tae~ete 
to 
a 
controversy 
if 
reasonably possible within 30 days after the selection of the 
neutral arbitrator; 
s~ea these determinations may be made public 
by the arbitrators or either party; and if made by a majority of 
the arbitrators, 
s~ea the determinations will-ae are binding on 
both parties and the parties will shall enter an agreement or 
take whatever other action taa-t--may--ae appropriate to carry out 
and effectuate saea the binding determinations: 
and sasa the 
determinations will--ae are subject to review by the Superior 
Court in the manner specified by section 972. 
The results of all 
arbitration proceedings, 
recommendations 
and 
awards 
conducted 
under this section sball must be filed with the Maine Labor 
Relations 
Board 
at 
the 
offices 
of 
its 
executive 
director 
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 
ebai~maR chair of the arbitration panel will shall submit 
a 
report of ais the panel's activities to the Executive Director of 
the Maine Labor Relations Board not more than 5 days after the 
arbitration proceeding has terminated. 
This 
employees 
departments 
bill 
and 
and 
SUMMARY 
makes 
arbi tration 
by 
municipal 
and 
county 
employees 
of 
sheriff's 
departments, 
police 
professional 
fire 
departments 
binding 
with 
respect to monetary matters as well as all other matters.