An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds, and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2008 and June 30, 2009
Maine Legislature, Session 123, LD 0499
Committee Amendment CA_A-HA_C_H426 (House)

HOUSE AMENDMENT "C "to COMMITTEE AMENDMENT "A" to H.P. 383, 
L.D. 499, Bill, "An Act Making Unified Appropriations and Allocations for the 
Expenditures of State Government, General Fund and Other Funds, and Changing Certain 
Provisions of the Law Necessary to the Proper Operations of State Government for the 
Fiscal Years Ending June 30, 2008 and June 30, 2009" 
Amend the amendment in Part XXXX in section 13 by striking out all of § 1464 and 
inserting the following: 
'§1464. Collective bargaining 
1. Assumption of obligations, duties, liabilities and rights. On the operational 
date established pursuant to section 1463, subsection 1, the regional school unit board of 
directors shal1 assume al1 of the obligations, duties, liabilities and rights of the 
participating school administrative units for al1 purposes under Title 26, chapter 9-A. The 
regional school unit is considered a single employer. Notwithstanding any other provision 
oflaw, the responsibilities of the regional school unit include: 
A. Continued recognition of al1 bargaining agents that represented any bargaining 
units of employees who were employed by a participating school administrative unit; 
B. Assumption and continued observance of al1 col1ective bargaining agreements 
between such bargaining agents and a participating school administrative unit, which 
agreements continue in effect for the remainder of their unexpired terms unless the 
bargaining agent and regional school unit mutualJy agree otherwise; and 
C. ColJective bargaining for an initial or successor collective bargaining agreement 
in any bargaining unit in which a collective bargaining agreement is not in effect on 
the operational date. 
2. Existing teachers; staff; employees. Al1 teachers, support staff and employees 
who are employed by any school administrative unit that has been consolidated into a 
regional school unit must be transferred to, and continue to be employed by, the regional 
school unit and such teachers, support staff and employees maintain their salaries or 
wages, insurance and retirement benefits, accumulated leave and accrual rights thereto, 
seniority, contract and employment status and other working conditions. These rights and 
benefits may not be diminished by their transfer to a consolidated or regional school unit. 
HOUSE AMENDMENT 
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HOUSE AMENDMENT "e.." to COMMITTEE AMENDMENT "A" to H.P. 383, L.D. 499 
3. Existing bargaining units. All bargaining units in existence on the effective date 
of this section of teachers, support staff and employees continue to exist notwithstanding 
consolidation of a corresponding school administrative unit into a regional school unit. 
The regional school unit shall maintain and honor any agreements, contracts or policies 
regarding the rights and benefits of retirees and former employees created in bargaining 
units in existence on the effective date of this section. 
4. Recognition of bargaining agents. Following consolidation, bargaining agents 
who were recognized or certified on the effective date of this section as the 
representatives of bargaining units of teachers, support staff and employees must continue 
to be recognized as the representatives of such teachers, support staff and employees by 
the appropriate regional school units. 
5. Automatic assignment. All collective bargaining agreements in effect as of the 
last day of operation of school administrative units that are to be consolidated must be 
automatically assigned to the appropriate regional school unit as of the date that the 
regional school unit becomes operational. 
Such collective bargaining agreements 
continue in full force and effect for the remainder of their terms and must be renegotiated 
thereafter between the appropriate regional school units and bargaining agents.' 
Amend the amendment in Part XXXX in section 42 by striking out all of subsection 6 
and inserting the following: 
'6. Collective bargaining. The following provisions apply. 
A. On July I, 2008 for regional school units approved prior to January 16, 2008 and 
on July 1, 2009 for regional school units approved after January 15, 2008 and before 
November 5, 2008, the regional school unit board of directors shall assume all of the 
obligations, duties, liabilities and rights of the participating school administrative 
units for all purposes under Title 26, chapter 9-A. 
The regional school unit is 
considered a single employer. Notwithstanding any other provision of law, the 
responsibilities ofthe regional school unit include: 
(1) 
Continued recognition of all bargaining agents that represented any 
bargaining units of employees who were employed by a participating school 
administrative unit; 
(2) 
Assumption and continued observance of all collective bargaining 
agreements between such bargaining agents and a participating school 
administrative unit, which agreements continue in effect for the remainder of 
their unexpired terms unless the bargaining agent and regional school unit 
mutually agree otherwise; and 
(3) 
Collective bargaining for an initial or successor collective bargaining 
agreement in any bargaining unit in which a collective bargaining agreement is 
not in effect on the operational date. 
B. 
All teachers, support staff and employees who are employed by any school 
administrative unit that has been consolidated into a regional school unit must be 
transferred to, and continue to be employed by, the regional school unit and such 
teachers, support staff and employees maintain their salaries or wages, insurance and 
retirement benefits, accumulated leave and accrual rights thereto, seniority, contract 
HOUSE AMENDMENT 
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HOUSE AMENDMENT 'V to COMMITTEE AMENDMENT "A" to H.P. 383, L.D. 499 
and employment status and other working conditions. These rights and benefits may 
not be diminished by their transfer to a consolidated or regional school unit. 
C. All bargaining units in existence on the effective date of this section of teachers, 
support staff and employees continue to exist notwithstanding consolidation of a 
corresponding school administrative unit into a regional school unit. The regional 
school unit shall maintain and honor any agreements, contracts or policies regarding 
the rights and benefits of retirees and former employees created in bargaining units in 
existence on the effective date ofthis section. 
D. Following consolidation, bargaining agents who were recognized or certified on 
the effective date of this section as the representatives of bargaining units of teachers, 
support staff and employees must continue to be recognized as the representatives of 
such teachers, support staff and employees by the appropriate regional school units. 
E. All collective bargaining agreements in effect as of the last day of operation of 
school administrative units that are to be consolidated must be automatically assigned 
to the appropriate regional school unit as of the date that the regional school unit 
becomes operational. Such collective bargaining agreements continue in full force 
and effect for the remainder of their terms and must be renegotiated thereafter 
between the appropriate regional school units and bargaining agents.' 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SUMMARY 
This amendment removes language requiring the merger of bargaining units on a 
regional school unit-wide basis and adds language preserving existing bargaining units, 
collective bargaining agents and existing collective bargaining obligations. 
FISCAL NOTE REQUIRED 
(Seeat~d) 
SPONSORED BY: J2itn ~ ~'c/i;uJ 
(Representative P druCK) 
TOWN: Rumford 
HOUSE AMENDMENT 
Approved: 06/04/07 ;'!;pac:.. 
LD499 
LR 2452(45) 
An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, 
General Fund and Other Funds, and Changing Certain Provisions of the Law Necessary to the Proper 
Operations of State Government for the Fiscal Years Ending June 30, 2008 and June 30, 2009 
Fiscal Note for House Amendment "C" to Committee Amendment "A" 
Sponsor: Rep. Patrick of Rumford 
Fiscal Note Required: Yes 
Fiscal Note 
No net fiscal impact 
Fiscal Detail and Notes 
This amendment does not affect General Fund appropriations during the 2008-2009 biennium and a balanced budget is 
maintained. 
LR2452(45) - Fiscal Note - Page I of I