An Act To End the Automatic Deduction of Union Dues from the Paychecks of Nonunion Members
Maine Legislature, Session 123, LD 1604
Committee: Labor
Sponsors: LANSLEY, SNOWE-MELLO, DUPREY, LEWIN, SA VIELLO, TARDY, VAUGHAN, WOODBURY, TURNER
Amends: 26 MRSA §597, 26 MRSA §963, 26 MRSA §964, 26 MRSA §979-C, 26 MRSA §1023, 26 MRSA §1027, 26 MRSA §1283, 26 MRSA §1284, 26 MRSA §1323, 26 MRSA §1324

Legislative Document 
No. 1604 
H.P.1126 
House of Representatives, March 21, 2007 
An Act To End the Automatic Deduction of Union Dues from the 
Paychecks of Nonunion Members 
Reference to the Committee on Labor suggested and ordered printed. 
'17/~ /J7. /llrJc~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative LANSLEY of Sabattus. 
Cosponsored by Senator SNOWE-MELLO of Androscoggin and 
Representatives: DUPREY of Hampden, LEWIN of Eliot, McKANE of Newcastle, 
SA VIELLO of Wilton, TARDY of Newport, VAUGHAN of Durham, WOODBURY of 
Yannouth, Senator: TURNER of Cumberland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 26 MRSA §597, as enacted by PL 1991, c. 366, is repealed and the 
following enacted in its place: 
§597. Conditions of employment 
An employer or an agent of an employer may not require, as a condition of 
employment, that any employee or prospective employee: 
1. Tobacco use. Refrain from using tobacco products outside the course of that 
employment or otherwise discriminate against any person with respect to the person's 
compensation, terms, conditions or privileges of employment for using tobacco products 
outside the course of employment as long as the employee complies with any workplace 
policy concerning use of tobacco; 
2. Join a union. Join or participate in any labor union, employee association or 
bargaining agent unit; or 
3. Union dues. Pay any dues, fees or other monetary contribution to a labor union, 
employee association or bargaining agent. 
Sec. 2. 26 MRSA §963, as enacted by PL 1969, c. 424, § 1, is repealed and the 
following enacted in its place: 
§963. Right of public employees to join or refrain from joining labor organizations 
A person may not directly or indirectly interfere with, intimidate, restrain, coerce or 
discriminate against a public employee or a group of public employees in the free 
exercise of their rights, hereby given, voluntarily to: 
1. Join a union. Join, form and participate in the activities of organizations of their 
own choosing for the purposes of representation and collective bargaining or in the free 
exercise of any other right under this chapter; or 
2. Not join a union. Refrain from joining or participating in the activities of 
organizations for the purposes of representation and collective bargaining. 
Sec. 3. 26 MRS A §964, sub-§l, ~, 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 employment.,.~ 
Sec. 4.26 MRSA §964, sub-§l, ~G is enacted to read: 
G. Requiring an employee to join or support or pay any type of union dues or fees of 
any type to a union, employee association or bargaining agent; or 
Sec. 5. 26 MRS A §964, sub-§l, ~ 
is enacted to read: 
I 
II 
.. 
H. Terminating or disciplining an employee for not paying union dues or fees of any 
~ 
Sec. 6. 26 MRS A §979-B, as amended by PL 1997, c. 741, §4 and affected by 
§ 12, is repealed and the following enacted in its place: 
§979-B. Right of state employees or legislative employees to join or refrain from 
joining labor organizations; prohibition 
A person may not directly or indirectly interfere with, intimidate, restrain, coerce or 
discriminate against a state or legislative employee or a group of employees in the free 
exercise of their rights, hereby given, voluntarily to: 
1. Join a union. Join, form and participate in the activities of organizations of their 
own choosing for the purposes of representation and collective bargaining or in the free 
exercise of any other right under this chapter; or 
2. 
Not join a union. 
Refrain from joining or participating in the activities of 
organizations for the purposes of representation and collective bargaining. 
A person may not require a state or legislative employee or group of state or 
legislative employees to join, participate in or contribute to an organization, union or 
collective bargaining agent for the purposes of representation or collective bargaining. 
Sec. 7. 
MRSA §979-C, sub-§I, ~, as enacted by PL 1973, c. 774, is 
amended to read: 
F. 
Blacklisting of any employee organization or its members for the purpose of 
denying them employment~~ 
Sec. 8. 26 MRSA §979-C, sub-§l"G is enacted to read: 
G. Requiring an employee to join or support or pay any type of union dues or fees of 
any type to a union, employee association or bargaining agent; or 
Sec. 9. 26 MRSA §979-C, sub-§l, ~ 
is enacted to read: 
H. Terminating or disciplining an employee for not paying union dues or fees of any 
~ 
Sec. 10. 26 MRSA §1023, as amended by PL 2003, c. 20, Pt. 00, §2 and as 
affected by §4, is repealed and the following enacted in its place: 
§1023. Right of university, academy or community college employees to join or 
refrain from joining labor organizations; prohibition 
A person may not directly or indirectly interfere with, intimidate, restrain, coerce or 
discriminate against a university, academy or community college employee or a group of 
university, academy or community college employees in the free exercise of their rights, 
hereby given, voluntarily to: 
1. Join a union. Join, form and participate in the activities of organizations of their 
own choosing for the purposes of representation and collective bargaining or in the free 
exercise of any other right under this chapter; or 
2. Not join a union. Refrain from joining or participating in the activities of 
S 
organizations for the purposes of representation and collective bargaining. 
A person may not require a university, academy or community college employee or a 
group of university, academy or community college employees to join, participate in or 
contribute to an organization, union or collective bargaining agent for the purposes of 
representation or collective bargaining. 
Sec. 11. 26 MRSA §1027, sub-§I,~, 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; ef 
Sec. 12. 26 MRS A §1027, sub-§I, V, as enacted by PL 1975, c. 603, § 1, is 
amended to read: 
F. 
Blacklisting of any employee organization or its members for the purpose of 
denying them employment~~ 
Sec. 13. 26 MRS A §1027, sub-§I, ~G is enacted to read: 
G. Requiring an employee to join or support or pay any type of union dues or fees of 
any type to a union, employee association or bargaining agent; or 
Sec. 14. 26 MRSA §1027, sub-§I, ~ 
is enacted to read: 
H. Terminating or disciplining an employee for not paying union dues or fees of any 
~ 
Sec. 15. 26 MRSA §1283, as enacted by PL 1983, c. 702, is repealed and the 
2S 
following enacted in its place: 
§1283. 
Right of judicial employees to join or refrain from joining labor 
organizations; prohibition 
A person may not directly or indirectly interfere with, intimidate, restrain, coerce or 
discriminate against a judicial employee or a group of judicial employees in the free 
exercise oftheir rights, hereby given, voluntarily to: 
1. Join a union. Join, form and participate in the activities of organizations of their 
own choosing for the purposes of representation and collective bargaining or in the free 
exercise of any other right under this chapter; or 
2. 
Not join a union. Refrain from joining or participating in the activities of 
organizations for the purposes of representation and collective bargaining. 
• 
I 
A person may not require a judicial employee or a group of judicial employees to 
loin, participate in or contribute to an organization, union or ~Qlle~tive bargaining ~nt 
for the purposes of representation or collective bargaining. 
Sec. 16. 26 MRSA §1284, sub-§I, ~, as enacted by PL 1983, c. 702, is 
amended to read: 
E. 
Refusing to bargain collectively with the bargaining agent of its employees, as 
required by section 1285; ef 
Sec. 17. 26 MRSA §1284, sub-§l, ~, as enacted by PL 1983, c. 702, is 
amended to read: 
F. 
Blacklisting any employee organization or its members for the purpose of 
II 
denying them employmenh~ 
Sec. 18. 26 MRSA §1284, sub-§I, ~G is enacted to read: 
G. Requiring an employee to join or support or pay any type of union dues or fees of 
any type to a union, employee association or bargaining agent; or 
I 5 
Sec. 19. 26 MRSA § 1284, s u b-§ I, ~ 
is enacted to read: 
H. Terminating or disciplining an employee for not paying union dues or fees of any 
~ 
Sec. 20. 26 MRSA §1323, as enacted by PL 1997, c. 472, § 1, is amended to read: 
§1323. Rights of agricultural employees; organization, collective bargaining 
Agricultural employees have the right to self-organize; to form, join or assist labor 
organizations; to bargain collectively through representatives of their own choosing; and 
to engage in other concerted activities for the purpose of collective bargaining or other 
mutual aid or protection. Agricultural employees also have the right to refrain from such 
activities except to the extent that this right may be affected by an agreement requiring 
membership in a labor organiz:ation as a condition of emplo:yment as authoriz:ed in section 
1324, subsection I, paragraph B , including not joining a union, labor organization or 
bargaining agent unit and not paying union dues or fees. 
Sec. 21. 26 MRSA §1324, sub-§I, ~, as enacted by PL 1997, c. 472, §l, is 
amended to read: 
B. 
Encouraging or discouraging membership in any employee organization by 
discrimination in regard to hire or tenure of employment or any term or condition of 
employment. 
This chapter, or any other provision of law, may not preclude an 
agricultural employer from making an agreement '>'lith a labor organization not 
established, maintained or assisted by any action defined in this section as a 
prohibited practice to require as a condition of employment membership in that labor 
organiz:ation on or after the 5th day following the beginning of employment or the 
effective date of the agreement, whichever is later, if the labor organization is the 
P,lge 4 - 123LR2422(OI)-1 
representative of the agricHltHral employees as provided in section 1327 m the 
appropriate collective bargaining Hnit covered by the agreement; 
Sec. 22. 26 MRSA §1324, sub-§l, W, as enacted by PL 1997, c. 472, §1, is 
amended to read: 
F. 
Locking out their employees; and 
Sec. 23. 26 MRSA §1324, sub-§l, ~G, as enacted by PL 1997, c. 472, §1, is 
amended to read: 
G. 
Blacklisting any employee organization or its members for the purpose of 
denying employment~~ 
Sec. 24. 26 MRSA §1324, sub-§l, ~ 
is enacted to read: 
H. Requiring an employee to join or support or pay any type of union dues or fees of 
any type to a union, employee association or bargaining agent; or 
Sec. 25. 26 MRSA §1324, sub-§l, ~ is enacted to read: 
l. Terminating or disciplining an employee for not paying union dues or fees of any 
~ 
SUMMARY 
This bill specifies that public employees, including state and legislative employees, 
university, academy and community college employees, judicial employees and 
agricultural employees, may not be required by an employer or other person to join a 
union, labor organization or bargaining agent unit and may not be required to pay union 
dues or fees of any type.