An Act To Promote Stability in Labor Relations
Maine Legislature, Session 122, LD 1123
Committee: Labor
Sponsors: DUPLESSIE, STRIMLING, HUTTON, JACKSON, NORTON, PINEAU, GAGNON
Amends: 26 MRSA §964, 26 MRSA §964-A, 26 MRSA §979-C, 26 MRSA §979-R, 26 MRSA §1027, 26 MRSA §1036, 26 MRSA §1284, 26 MRSA §1284-A

Legislative Document 
No. 1123 
H.P.776 
House of Representatives, March 1,2005 
An Act To Promote Stability in Labor Relations 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Representative DUPLESSIE of Westbrook. 
Cosponsored by Senator STRIMLING of Cumberland and 
!7J~ 
frI· 7l/tl£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: HUTTON of Bowdoinham, JACKSON of Fort Kent, NORTON of Bangor, 
PINEAU of Jay, Senator: GAGNON of Kennebec . 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 26 MRSA §964, sub-§I, 1[F, as enacted by PL 1969, c. 
424, §1, is amended to read; 
F. 
Blacklisting of any employee organization or its members 
for the purpose of denying them employmentT: and 
Sec. 2. 26 MRSA §964, sub-§I.,G is enacted to read: 
G. 
Refusing to honor the terms and conditions of an expired 
collective 
bargaining 
agreement 
that 
remain 
in 
effect 
pursuant to section 964-A. 
Sec. 3. 26 MRSA §964. sub-§2. 1JC, as enacted by PL 1969, c. 
424, §1, is amended to read: 
JO 
c. 
Engaging in~ 
(1) 
A work stoppage; 
(2) 
A slowdown; 
(3) 
A strike; or 
(4) 
The blacklisting of 
purpose 
of 
preventing 
vacancies ... ~ 
any public 
it 
from 
employer 
filling 
Sec. 4. 26 MRSA §964, sub-§2"D is enacted to read: 
for the 
employee 
D. 
Refusing to honor the terms and conditions of an expired 
collective 
bargaining 
agreement 
that 
remain 
in 
effect 
pursuant to section 964-A. 
Sec. 5. 26 MRSA §964-A. as enacted by PL 1997, c. 773, §l and 
affected by §7, is runended to read: 
§964-A. Continuation of terms and conditions 
If a contract between a public employer and a bargaining 
agent expires prior to the parties' agreement on a new contract, 
the ~Fie~aBee-aFei~Fa~ieR-~£evi6ieR6 terms and conditions of the 
expired contract 
peF~aiRiR~--~e--aiseipliRaFy--ae~ieR remain 
in 
effect until the parties execute a new contract. 
Sec. 6. 26 MRSA §979-C. sub-§l. ,F, as enacted by PL 1973, c. 
774, is amended to read: 
.. 
G 
lO 
F. 
Blacklisting of any employee organization or its members 
for the purpose of denying them employmentT; anQ 
Sec. 7. 26 MRS A §979-C, sub-§l, 1JG is enacted to read: 
G. 
Refusing to honor the terms and conditions of an expired 
collective 
bargaining 
agreement 
that 
remain 
in 
effect 
pursuant to section 979-R. 
Sec. 8. 26 MRSA §979-C, sub-§2, 1JC, as enacted by PL 1973, c. 
774, is amended to read: 
c. 
Engaging in: 
(1) 
A work stoppage; 
(2) 
A slowdown; 
(3) 
A strike; or 
(4) 
The blacklisting of 
purpose 
of 
preventing 
vacanciesT; and 
the public 
it 
from 
employer 
filling 
Sec. 9. 26 MRSA §979-C, sub-§2, 1JD is enacted to read: 
for the 
employee 
D. 
Refusing to honor the terms and conditions of an expired 
collective 
bargaining 
agreement 
that 
remain 
in 
effect 
pursuant to section 979-R. 
Sec. 10. 26 MRSA §979-R. as enacted by PL 1997, c. 773, §5 
and affected by §7, is amended to read: 
§979-R. Continuation of terms and conditions 
If a contract between a public employer and a bargaining 
agent expires prior to the parties' agreement on a new contract, 
the ~~~evaaee-a~eiE~aE~ea-p~evisieBs te~ms and conditions of the 
expired contract 
pe~EaiBiB~--Ee--aiseip*iBa~y--ae~isB remain in 
effect until the parties execute a new contract. 
Sec. 11. 26 MRSA §1027. sub-§1. 1JE. as repealed and replaced 
by PL 1985, c. 737, Pt. A, §67, is amended to read: 
E. 
Refusing to bargain collectively with the bargaining 
agent of its employees as required by section 1026; SF 
Sec. 12. 26 MRSA §I027~ sub-§l, 1JF, as enacted by PL 1975, c. 
603, §l, is amended to read: 
'';0 
F. 
Blacklisting of any employee organization or its members 
for the purpose of d~nying them employmentT; and 
Sec. 13. 26 MRSA §1027, sub-§l"G is enacted to read: 
G. 
Refusing to honor the terms and conditions of an expired 
collective 
bargaining 
agreement 
that 
remain 
in 
effect 
pursuant to section 1036. 
Sec. 14. 26 MRSA §1027, sub-§2, "B and C, as amended by PL 
1989, c. 443, §72 and PL 2003, c. 20, Pt. 00, §2 and affected by 
§4, are further amended to read: 
B. 
Refusing to bargain collectively with the university, 
academy and community colleges as required by section 1026; 
aRa 
c. 
Engaging in: 
(1) 
A work stoppage, slowdown or strike; aRa or 
(2) 
The blacklisting of the university, 
academy or 
community colleges for the purpose of preventing them 
from filling employee vacanciesT; and 
Sec. IS. 26 MRSA §1027, sub-§2"D is enacted to read: 
D. 
Refusing to honor the terms and conditions of an expired 
collective bargaining agreement that remain in effect until 
the parties execute a new contract pursuant to section 1036. 
Sec. 16. 26 MRSA §1036 is enacted to read: 
§l036. 
Continuation of terms and conditions 
If a contract between the university, the academy or the 
community colleges and a bargaining agent expires prior to the 
parties' agreement on a new contract, the terms and conditions of 
the expired contract remain in effect until the parties execute a 
new contract. 
Sec. 17. 26 MRSA §1284, sub-§l, "E and F. as enacted by PL 
1983, c. 702, are amended to read: 
E. 
Refusing to bargain collectively with the bargaining 
agent of its employees, as required by section 1285; 9F 
F. 
Blacklisting any employee organization or its members 
for the purpose of denying them employmentT; and 
r 
• 
Sec. 18. 26 MRSA §1284, sub-§l, ,G is enacted to read: 
G. 
Refusing to honor the terms and conditions of an expired 
collective 
bargaining 
agreement 
that 
remain 
in 
effect 
pursuant to section 1284-A. 
Sec. 19. 26 MRSA §1284, sub-§2, ,C, as enacted by PL 1983, c. 
702, is amended to read: 
c. 
Engaging in: 
(1) 
A work stoppage; 
(2) 
A slowdown; 
(3) 
A strike; or 
(4) 
The blacklisting of the public employer for the 
purpose 
of 
preventing 
it 
from 
filling 
employee 
vacancies ... ; and 
Sec. 20. 26 MRSA §1284, sub-§2, ,D is enacted to read: 
D. 
Refusing to honor the terms and conditions of an expired 
collective 
barg£ining 
agreement 
that 
remain 
in 
effect 
pursuant to section 1284-A. 
2.8 
Sec. 21. 26 MRSA §1284-A. as enacted by PL 1997, c. 773, §6 
and affected by §7, is amended to read: 
§1284-A. Continuation of terms and conditions 
I f 
a contract between a public employer and a bargaining 
agent expires prior to the parties' agreement on a new contract, 
the ~Fieyaaee-a~~itFatiea-F~eyi6ieR6 terms and conditions of the 
JG 
expired contract 
pe~~aiRiR~--~e--diseip~iRaFy--aetieR remain in 
effect until the parties execute a new contract. 
SUMMARY 
This bill provides that the terms 
and conditions of 
an 
expired collective bargaining agreement remain in effect until a 
new contract is executed.