An Act To Protect Employee Choice of Collective Bargaining Agents in the Educational Unit Consolidation Process
Maine Legislature, Session 123, LD 1931
Committee Amendment CA_A_S475 (Senate)
Amends: 20-A MRSA §1464

Majority 
COMMITTEE AMENDMENT "A " to S.P. 738, L.D. 1931, Bill, "An Act To 
Protect Employee Choice of Collective Bargaining Agents in the Educational Unit 
Consolidation Process" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 20-A MRSA §1464, sub-§2, ~A, as enacted by PL 2007, c. 240, Pt. 
XXXX, § 13, is amended to read: 
A. 
Merger into regional school unit-wide bargaining units must be completed 
according to the schedule contained in this section and, except as required by 
paragraph H, no later than the latest expiration date of any collective bargaining 
agreement that was in effect on the operational date established pursuant to section 
1463, subsection 1 that covered any employees in the merged unit. 
Sec. 2. 20-A MRSA §1464, sub-§2, V, as enacted by PL 2007, c. 240, Pt. 
XXXX, § 13, is amended to read: 
F. When there are bargaining units that will be merged into a regional school unit-
wide bargaining unit in which there are employees who are not represented by any 
bargaining agent and other employees who are represented either by the same 
bargaining agent or separate local affiliates of the same state labor organization, the 
units must be merged as of the operational date pursuant to section 1463, subsection 1 
as long as a majority of employees who compose the merged unit were represented 
by the bargaining agent prior to the merger. The procedures for merger of separate 
local affiliates of the same state labor organization described in paragraph E must be 
followed if applicable. If prior to the merger a bargaining agent did not represent a 
majority of employees who compose the merged unit, a bargaining agent election 
must be conducted by the Maine Labor Relations Board pursuant to paragraph H, 
except that the petition for an election must be filed not more than 90 days prior to 
the expiration date of the agreement having the latest expiration date among the 
COMMITTEE AMENDMENT 
~." 
~ 
COMMITTEE AMENDMENT" A" to S.P. 738, L.D. 1931 
bargaining units that will be merged into the regional school unit-wide bargaining 
unit. 
Sec. 3. 20-A MRSA §1464, sub-§2, ~, as enacted by PL 2007, c. 240, Pt. 
XXXX, § 13, is amended to read: 
H. When bargaining units with different bargaining agents must be merged into a 
single regional school unit-wide bargaining unit pursuant to this section, the 
bargaining agent of the merged bargaining unit must be selected in accordance with 
Title 26, section 967 except as modified in this section. 
(1) A petition for an election to determine the bargaining agent must be filed 
with the Maine Labor Relations Board by any of the current bargaining agents or 
the regional school unit. 
(2) The petition must be filed not more than 90 days prior to the eKpiratioR date 
of the agreemeRt haNiRg the latest eKpiratioR date among the bargaiRiRg units that 
will be merged iRtO the regioRal sehool l:lRit wide bargaiRiRg l:lRit August 31, 
2012. 
(3) The election ballot may contain only the names of the bargaining agents of 
bargaining units that will be merged into the regional school unit-wide bargaining 
unit and the choice of "no representative," but no other choices. No showing of 
interest is required from any such bargaining agent other than its current status as 
representative. 
(4) The obligation to bargain with existing bargaining agents continues from the 
operational date established pursuant to section 1463, subsection 1 until the 
determination of the bargaining agent of the regional school unit-wide bargaining 
unit under this section; but in no event may any collective bargaining agreement 
that is executed after the operational date extend beyond the expiratioR date of 
the agreemeflt RaNiRg the latest eKpiratjoA date amoRg the bargaiRjRg 1:IAjts that 
will be merged jAto the regioRal sehool uRit wide bargaiRiAg uAit that vias iA 
effeet OA the operatioAal date August 31, 2012. 
(5) The Maine Labor Relations Board shall expedite to the extent practicable all 
petitions for determination of the bargaining agent in the regional school unit-
wide bargaining unit filed pursuant to this section. 
(6) 
The bargaining units must be merged into a regional school unit-wide 
bargaining unit as of the date of certification of the results of the election by the 
Maine Labor Relations Board or the expiration of the collective bargaining 
agreements in the unit, whichever occurs later. 
(7) Until August 31, 2012, existing bargaining agents shall continue to represent 
the bargaining units that they represented on the day prior to the operational date 
of the regional school unit. If necessary, each bargaining agent and the regional 
school unit must negotiate an interim collective bargaining agreement to expire 
on August 31, 2012. 
Sec. 4. PL 2007, c. 240, Pt. XXXX, §43, sub-§6, ~ 
is amended to read: 
COMMITTEE AMENDMENT 
f#ftI. 
~ 
COMMITTEE AMENDMENT" /{ "to S.P. 738, L.D. 1931 
B. As early as possible but no later than August 31, 2011 for regional school units 
approved prior to January 15, 2008 and no later than August 31, 2012 for regional 
school units approved after January 15, 2008 and before November 2, 2008, all 
bargaining units must be structured on a regional school unit-wide basis. Bargaining 
units that existed in the participating school administrative units shall merge in 
accordance with the procedures and criteria in this section. Merger into regional 
school unit-wide bargaining units is not subject to approval or disapproval of 
employees. 
(1) Merger into regional school unit-wide bargaining units must be completed 
according to the schedule contained in this subsection, and, except as required by 
subparagraph (8), no later than the latest expiration date of any collective 
bargaining agreement that was in effect on the operational date, which covered 
any employees in the merged unit. 
(2) There must be one unit of teachers and, to the extent they are currently 
included in bargaining units, other certified professional employees, excluding 
principals and other administrators. 
(3) Any additional bargaining units in a regional school unit must be structured 
as follows+~ 
(a) 
In the initial establishment of such units, units must be structured 
primarily on the basis of the existing pattern of organization, maintaining the 
grouping of employee classifications into bargaining units that existed prior 
to the creation of the regional school unit and avoiding conflicts among 
different bargaining agents to the extent possible. 
(b) In the event of a dispute regarding the classifications to be included 
within a regional school unit-wide bargaining unit, the current bargaining 
agent or agents or the regional school unit may petition the Maine Labor 
Relations Board to detennine the appropriate unit in accordance with this 
section and Title 26, section 966, subsections 1 and 2. 
(4) When there is the same bargaining agent in all bargaining units that will be 
merged into a regional school unit-wide bargaining unit, the units must be 
merged as of the operational date, and the regional school unit shall recognize the 
bargaining agent as the representative of the merged unit. 
(5) When all bargaining units that will be merged into a regional school unit-
wide bargaining unit are represented by separate local affiliates of the same state 
labor organization, the units must be merged as of the operational date. The 
identity of the single affiliate that will be designated the bargaining agent for the 
merged unit must be selected by the existing bargaining agents and the state labor 
organization. Upon completion of the merger and designation of the bargaining 
agent and notification by the state organization to the regional school unit, the 
regional school unit shall recognize the designated bargaining agent as the 
representative of employees in the merged unit. If necessary, the parties will then 
execute a written amendment to any collective bargaining agreement then In 
effect to change the name of the bargaining agent to reflect the merger. 
COMMITTEE AMENDMENT 
ft.,t. ... 
COMMITTEE AMENDMENT "A "to S.P. 738, L.D. 1931 
(6) Where there are bargaining units that will be merged into a regional school 
unit-wide bargaining unit in which there are employees who are not represented 
by any bargaining agent and other employees who are represented either by the 
same bargaining agent or separate local affiliates of the same state labor 
organization, the units must be merged as of the operational date as long as a 
majority of employees who compose the merged unit were represented by the 
bargaining agent prior to the merger. The procedures for merger of separate local 
affiliates of the same state labor organization described in subparagraph (5) must 
be followed if applicable. If prior to the merger a bargaining agent did not 
represent a majority of employees who compose the merged unit, a bargaining 
agent election must be conducted by the Maine Labor Relations Board pursuant 
to subparagraph (8), except that the petition for an election must be filed not 
more than 90 days prior to the expiration date of the agreement having the latest 
expiration date among the bargaining units that will be merged into the regional 
school unit-wide bargaining unit. 
(7) When there are unexpired collective bargaining agreements with different 
expiration dates in the merged bargaining units described in subparagraphs (4), 
(5) and (6), all contracts must be honored to their expiration dates unless 
mutually agreed to otherwise by the public employer and the bargaining agent. 
Collective bargaining agreements must be bargained on an interim basis in any 
merged bargaining unit so that all collective bargaining agreements expire on the 
same date. 
(8) When bargaining units with different bargaining agents must be merged into 
a single regional school unit-wide bargaining unit pursuant to this subsection, the 
bargaining agent of the merged bargaining unit must be selected in accordance 
with Title 26, section 967, except as modified in this subparagraph. 
(a) A petition for an election to determine the bargaining agent must be filed 
with the Maine Labor Relations Board by any of the current bargaining 
agents or the regional school unit. 
(b) The petition must be filed not more than 90 days prior to the expiratiofl 
date of the agreemeflt ha'liHg the latest eJfpiratiofi date amoflg the bargaiHifig 
uHits that will be merged iHto the regioflal sehool uflit wide eargaifliHg uflit 
August 31, 2012. 
(c) The election ballot may contain only the names of the bargaining agents 
of bargaining units that will be merged into the regional school unit-wide 
bargaining unit and the choice of "no representative," but no other choices. 
No showing of interest is required from any such bargaining agent other than 
its current status as representative. 
(d) The obligation to bargain with existing bargaining agents continues from 
the operational date until the determination of the bargaining agent of the 
regional school unit-wide bargaining unit under this subsection; but in no 
event may any collective bargaining agreement that is executed after the 
operational date extend beyond the expiratiofl date of the agreemeflt haviflg 
the latest expiratiofl date amoHg the eargaifliflg uflits that v,i11 be merged iflto 
COMMITTEE AMENDMENT 
~~." 
COMMITTEE AMENDMENT "A" to S.P. 738, L.n. 1931 
the regioHal school l:!Hit wide bargainiHg Hnit that was in effect on the 
operational date August 31, 2012. 
(e) The Maine Labor Relations Board shall expedite to the extent practicable 
all petitions for determination of the bargaining agent in the regional school 
unit-wide bargaining unit filed pursuant to this subsection. 
(t) The bargaining units must be merged into a regional school unit-wide 
bargaining unit as of the date of certification of the results of the election by 
the Maine Labor Relations Board, or the expiration of the collective 
bargaining agreements in the unit, whichever occurs later. 
(g) Until August 31, 2012, existing bargaining agents shall continue to 
represent the bargaining units that they represented on the day prior to the 
operational date of the regional school unit. If necessary, each bargaining 
agent and the regional school unit must negotiate an interim collective 
bargaining agreement to expire on August 31, 2012.' 
SUMMARY 
The bill removed language from the regional school unit authorization laws requiring 
the merger of bargaining units on a regional school unit-wide basis in order to preserve 
existing bargaining units, collective bargaining agents and existing collective bargaining 
obligations. 
This amendment maintains current provisions of the regional school unit 
authorization laws requiring the merger of bargaining units on a regional school unit-wide 
basis, hut extends the deadline for the merger of bargaining units represented by different 
collective bargaining agents until August 31,2012. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03118/08 
~a~ 
LD 1931 
LR 2721(02) 
An Act To Protect Employee Choice of Collective Bargaining Agents in the Educational Unit 
Consolidation Process 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
Committee: Labor 
Fiscal Note Required: Yes 
Fiscal Note 
No State fiscal impact 
Allowing existing bargaining units, collection bargaining agents and existing collective bargaining obligations to 
remain intact after the merger of school administrative units into regional school units until August 31, 2012 will not 
affect the total state and local cost of funding K-12 public education based on the essential programs and services 
funding model or the State's share of that cost. The impact to regional school units can not be determined at this time. 
LR2721 (02) - Fiscal Note - Page 1 of I