An Act To Improve the Elections Process llDCI.cr the Mahle Labor Relations Board Laws
Maine Legislature, Session 123, LD 2055
Committee: Labor
Sponsors: CUMMINGS, EDMONDS, CAIN, CANAVAN, CROCKETI, MITCHELL
Amends: 26 MRSA §966, 26 MRSA §967, 26 MRSA §968, 26 MRSA §979-E, 26 MRSA §979-F, 26 MRSA §979-G, 26 MRSA §1024-A, 26 MRSA §1025, 26 MRSA §1028, 26 MRSA §1286, 26 MRSA §1287, 26 MRSA §1288

Legislative Document 
No. 2055 
H.P.1439 
House of Representatives, December 21,2007 
An Act To Improve the Elections Process llDCI.cr the Mahle Labor 
Relations Board Laws 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 19,2007. Referred to the Committee on 
Labor pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
Presented by Speaker CUMMINGS of Portland. 
Cosponsored by President EDMONDS of Cumberland and 
!r/~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CAIN of Orono, CANAVAN of Waterville, CROCKETI of Augusta, 
Senator: MITCHELL of Kennebec. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 26 MRSA §966, sub-§l, as amended by PL 1975, c. 697, § 1, is further 
amended to read: 
1. Bargaining unit standards and determination. In the event of a dispute between 
the public -employer and an employee or employees as to the appropriateness of a unit for 
purposes of collective bargaining or between the public employer and an employee or 
employees as to whether a supervisory or other position is included in the bargaining unit, 
the executive director or fi.i.s the executive director's designee shall conduct a hearing to 
make the determination, except that anyone excepted from the definition of public 
.. 
employee under section 962 may not be included in a bargaining unit. The initial hearing 
on the petition for election and unit determination proceedings must be scheduled to 
occur within 15 days of the petition filing date. All proceedings must be scheduled and 
conducted with the goal of completing the election within 45 days of the petition filing 
date. The executive director or fi.i.s the executive director's designee conducting unit 
determination proceedings shall hlPl'e the power to may administer oaths and to require by 
subpoena the attendance and testimony of witnesses, and the production of books, records 
and other evidence relative or pertinent to the issues represented to them. 11 determining 
whether a supervisory position should be excluded from the proposed bargaining unit, the 
executive director or fi.i.s the executive director's designee shall consider, among other 
criteria, if whether the principal functions of the position are characterized by performing 
such management control duties as scheduling, assigning, overseeing and reviewing the 
work of subordinate employees, or performing such duties as are distinct and dissimilar 
from those performed by the employees supervised, or exercising judgment in adjusting 
grievances, applying other established personnel policies and procedures and in enforcing 
a collective bargaining agreement or establishing or participating in the establishment of 
performance standards for subordinate employees and taking corrective measures to 
implement those standards. Nothing in this chapter is intended to require the exclusion of 
principals, assistant principals; or other supervisory employees from school system 
bargaining units wfl.ieh that include teachers and nurses in supervisory positions. 
Sec. 2. 26 MRSA §967, as amended by PL 1991, c. 622, Pt. 0, §7, is further 
1 
amended to read: 
§967. Determination of bargaining agent 
1. 
Recognition of employee's organization. ABy A public employee or public 
employee organization may file a request for recognition with a public employer alleging 
that a majority of the public employees in an appropriate bargaining unit wish to be 
represented for the purpose of collective bargaining between the public employer and the 
employees' organization. Stieh This request sflaR must describe the grouping of jobs or 
positions wIHeh that constitute the unit claimed to be appropriate and 5flal.l must include a 
demonstration of majority support. Stieh The request for recognition 5flal.l must be 
granted by the public employer, unless the public employer desires that shows good cause 
to believe that the majority support alleged by the public employee or public employee 
organization was obtained by fraud or duress, in which case an election must be held to 
determine whether the public employee or organization represents a majority of the 
members in the bargaining unit. 
2. Elections. The executive director of the boars, or a designee, upon receipt of a 
signed request statement of a public employer alleging that ooe-er more than one public 
employees employee or public employee organimtions hlt'ie organization has presented 
to it the public employee a claim to be recognized as the representative of a bargaining 
unit of public employees or that the public employer has good cause to believe that the 
majority support alleged by the public employee or the public employee organization was 
obtained by fraud or duress, or upon receipt of a signed petition of at least 30% of a 
bargaining unit of public employees that they desire to be represented by an organization, 
shall conduct a secret ballot election to determine whether the organization represents a 
majority of the members in the bargaining unit. Such an election may be conducted at 
suitable work locations or through the United States mail,--and as long as the procedures 
adopted and employed HH:tSt ensure that neither the employee organizations or the 
management representatives involved in the election have access to information that 
would identifY a voter. 
The ballot shaH must contain the name of stiSh each organization claiming to be 
recognized as the representative of a bargaining unit of state employees and that of any 
other organization showing written proof of at least 10% representation of the public 
employees within the unit,. together with a choice for any public employee to designate 
that he the public employee does not desire to be represented by any bargaining agent. 
Where If more than one organization is on the ballot and no one of the 3 or more choices 
receives a majority vote of the public employees voting, a run-off election shall must be 
held. The run-off ballot shall- must contain the 2 choices wftieft that received the largest 
and seeons 2nd largest number of votes. When an organization reeeives the majority of 
votes of those voting, the executive director of th. bOR shall certifY it as the bargaining 
agent. The bargaining agent certified as representing a bargaining unit sftal.l. must be 
recognized by the public employer as the sole and exclusive bargaining agent for all of 
the employees in the bargaining unit unless ansufttil a decertification election by secret 
ballot shall be is held and the bargaining agent ~ declared by the executive director ef.the 
beard as not representing a majority of the unit. 
Whenever 30% of the employees in a certified bargaining unit petition for a bargaining 
agent to be decertified, the procedures for conducting an election on the question shall 
must be the same as for certification representation as the bargaining agent hereinbefere 
set forth established in this subsection. 
Ne A question concerning representation may not be raised within one year of a 
certification or attempted certification. Where If there is a valid collective bargaining 
agreement in effect, He ~ question concerning unit or representation may not be raised 
except during the period not more than 90 nor less than 60 days prior to the expiration 
date of the agreement. The not FRore than 90 day nor less than 60 say That period prior to 
the expiration date of an agreement regarding unit determination and representation sftal.l. 
does not apply to matters of unit clarification. 
The bargaining agent certified by the executive director of the board as the exclusive 
bargaining agent shall be requires to represent all the public employees within the unit 
without regard to membership in the organization certified as bargaining agent, pro .... ided 
except that any public employee at any time may present his that public employee's 
grievance to the public employer and have sooft that grievance adjusted without the 
intervention of the bargaining agent, if the adjustment is not inconsistent with the terms 
of a collective bargaining agreement then in effect and if the bargaining agent's 
representative has been given reasonable opportunity to be present at ["y meeting of the 
parties called for the resolution of such ~ grievance. 
Sec. 3. 26 MRSA §968, sub-§4, as amended by PL 1993, c. 90, § I, is further 
amended to read: 
4. Review of representation proceedings. Any party A person aggrieved by any ~ 
ruling or determination of the executive director, or the executive director's designee, 
under sections 966 and 967 may appeal, within 15 days of the announcement of the ruling 
or determination, except that in the instance of objections to the conduct of an election or 
challenged ballots the time period is 5 working days, to the Maine Labor Relations Boord 
board. 
Upon receipt of such an appeal, the board shall within a reasonable time hold a hearing 
ha-ving first eaused 7 days notice in writing of the time and place of tht hearing to be 
given to the aggrie't'ed party, the labor orgaflizations or bargaining agent and the p\-lblic 
employer issue an order to all parties to the proceedings requiring that briefs and 
supporting evidence from the prior proceedings be submitted to the board within 15 days. 
The board, for good cause shown, may grant additional time that the board determines 
necessary. The board shall issue its decision within a reasonable time. The decision of 
the board is final. except that a party contesting the legality of the decision may raise that 
issue in defense of a subsequent claim that the party refused to bargain in good faith. If 
the board determines it necessary to ensure the right of employees to a prompt election, 
the board may order that the election be held and impound the ballots while the appeal is 
pending. 
These hearings proceedings must be conducted in the manner provided in 
subsection 5, paragraph B. '}lith in a reasonable time after tHe concl\-lsion of any hearing 
the board shall mal~e a "flitten decision that m\-lst incl\-lde findings of fact and either 
affirm or modify the ruling or 6etermination of the execmive director and specify the 
reasons for that action. A copy of that decision m\-lst be mailed to the labor organization 
or bargaining agent or its attorney or other designated representative and the p\-lblic 
employer. Decisions of the board made pHFSHaet to this sl:lbseetioA are sl:l~ect to revievt' 
by the 81:lperior CO\-lrt \-lAder the Maine RHles of Ciyil Proeedl:lre, Rule SOC, if! accordaflce 
with the standards specified in section 972, proyided the complaint is filed withie 15 days 
ofthe date of iss\-laflee of the decision. The complaint must be served Hpon the board and 
all parties to the board proceeding by certified mail, rett-lrn receipt reqHest6Ei. 
Sec. 4. 26 MRSA §979-E; sub-§l, as amended by PL 1975, c. 697, §8, is further 
amended to read: 
1. Detennination of bargaining unit. In the event of a dispute between the public 
employer and an employee or employees as to the appropriateness of a unit for purposes 
of collective bargaining or between the public employer and an employee or employees 
as to whether a supervisory or other position is included in the bargaining unit, the 
executive director or his the executive director's designee shall make the determination, 
• 
• 
except that anyone excepted from the definition of state employee under section 979-A 
may not be included in a bargaining unit. The initial hearing on the petition for election 
and unit detennination proceedings must be scheduled to occur within 15 days of the 
petition filing date. All proceedings must be scheduled and conducted with the goal of 
completing the election within 45 days of the petition filing date. The executive director 
or ffis the executive director's designee conducting unit detennination proceedings sflal.l 
kave the pOYHer to may administer oaths and te require by subpoena the attendance and 
testimony of witnesses, and the production of books, records and other evidence relative 
or pertinent to the issues represented to them. In detennining whether a supervisory 
position should be excluded from the proposed bargaining unit, the executive direCtor or 
ffis the executive director's designee shall consider, among other criteria, if whether the 
principal functions of the position are characterized by perfonning such management 
control duties as scheduling, assigning, overseeing and reviewing the work of subordinate 
employees, or perfonning such duties as are distinct and dissimilar from those perfonned 
by the employees supervised, or exercising judgment in adjusting grievances, applying 
other established personnel policies and procedures and in enforcing a collective 
bargaining agreement or establishing or participating in the establishment of perfonnance 
standards for subordinate employees and taking corrective measures to implement those 
standards. 
Sec. 5. 26 MRSA §979-F, as amended by PL 1981, Co 277, is further amended to 
read: 
§979-F. Determiation ofbargailling agent 
1. RecogBitimi of state employee organization. AHy A state employee organization 
may file a request for recognition with the public employer alleging that a majority of the 
state employees in an appropriate bargaining unit wish to be represented for the purpose 
of collective bargaining between the public employer and the employees' organization. 
Stieh This request sftal.l must describe the grouping of jobs or positions wffieft that 
constitute the unit claimed to be appropriate and sftal.l must include a demonstration of 
majority support. Stieft The request for recognition sflal.l must be granted by the public 
employer unless the public employer desires that shows good cause to believe that the 
majority support alleged by the public employee organization was obtained by fraud or 
duress, in which case an election must be held to detennine whether the organization 
represents a majority of the members in the bargaining unit. 
2. Elections. The detennination and election of the representative of a bargaining 
unit of state employees must be conducted pursuant to this subsection. 
A. 
The executive director oftke aoard or ffis the executive director's designee~ upon 
receipt of a signed reEJl:lest statement of a public employer alleging that eHe-ef more 
than one state employees employee or state employee organiZ'Sations Have 
organization has presented to -it the public employer a claim to be recognized as the 
representative of a bargaining unit of state employees or that the employer has good 
cause to believe that the majority Stipport alleged by the state employee or state 
employee organization was obtained by fraud or duress, or upon receipt of a signed 
petition of at least 30% of a bargaining unit of state employees that they desire to be 
represented by an organization, shall conduct a secret ballot election to detennine 
whether the organization represents a majority of the members of the bargaining unit. 
Such an election may be conducted at suitable work locations or through the United 
States mail provided, nevertheless, that as long as the procedures adopted and 
employed by the Maine Labor Relations Board shall board maintain the anonymity of 
the voter from both the employee organizations and the management representatives 
involved. 
B. 
The ballot sflal.l must contain the name of 5Ueh each organization claiming to be 
recognized as the representative of a bargaining unit of state employees and that of 
any other organization showing written proof of at least 10% representation of the 
state employees within the unit, together with a choice for any state employee to 
designate that fie the employee does not desire to be represented by any bargaining 
agent. Wflere If more than one organization is on the ballot and no one of the 3 0; 
more choices receives a majority vote of the state employees voting, a run-off 
election sflal.l must be held. The run-off ballot sflal.l must contain the 2 choices wlTi€h 
that received the largest and 2nd largest number of votes. When an organizat;. m 
receives the majority of votes of those voting, the executive director of the board 
shall certify it as the bargaining agent. The bargaining agent certitied as representing 
a bargaining unit 5ftal.J must be recognized by the public employer a5 the sale and 
exclusive bargaining agent for all of the employees in the bargaining ULI unless fifHi 
ootH a decertification election by secret ballot shall be ~ held and the bargaining 
agent is declared by the executive director of the board as not representing a majority 
of the unit. 
C. 
Whenever 30% of the employees in a certified bargaining unit petition for a 
bargaining agent to be decertified, the procedures for conducting an election on the 
question 5ftal.J must be the same as for certification representation as the bargaining 
agent hereinbefore set forth established in this subsection. 
D. 
Ne A question concerning representation may not be raised within one year of a 
certification or attempted certification. Wflere 1fthere is a valid collective bargaining 
agreement in effect, 00 ~ question concerning unit or representation may not be raised 
except during the period not more than 90 nor less than 60 days prior to the 
expiration date of the agreement. Unit clarification proceedings are not subject to this 
time limitation and may be brought at any time consistent with section 979-E, 
subsection 3. 
E. 
The bargaining agent certified by the executive director of the board or hls the 
executive director's designee as the exclusive bargaining agent shall be required to 
represent all the public employees within the unit without regard to membership in 
the organization certified as bargaining agent, pro'l'ided except that any public 
employee at any time may present hls that public employee's grievance to the public 
employer and have 5I:Ieft that grievance adjusted without the intervention of the 
bargaining agent; if the adjustment is not inconsistent with the terms of a collective 
bargaining agreement then in effect and if the bargaining agent's representative has 
been given reasonable opportunity to be present at any meeting of the parties called 
for the resolution of such ~ grievance. 
Sec. 6. 26 MRSA §979-G, sub-§2, as amended by PL 1993, c. 90, §4, is further 
amended to read: 
• 
.. 
2. Review of representation proceedings. Afty A person aggrieved by aHy ~ ruling 
or determination of the executive director under sections 979-E and 979-F may appeal;-
within 15 days of the announcement of the ruling or determination, except that in the 
instance of objections to the conduct of an election or challenged ballots the time period 
is 5 working days, to the Maine Labor Relations Board board. Upon receipt of such an 
appeal, the board shall, 'Nithin a reasonable time, hold a hearing, having first catfsed 7 
dll)'s' notice in writing of the time aRd place of slich hearing to be given to the aggrieved 
party, the labor organizations or bargaining agent and the public emplo~'er. The hearings 
and the procedures established in furtherance thereof must be in accordance with section 
968. Decisions of the board made pursuant to this subsection are subject to re,/iew by the 
Superior Court under the Maine Rules of Civil Procedure, Rule 8OC, in accordance with 
the standards specified in section 972, if the complaint is filed ',,'ithin 15 days of the date 
of issuance of the decision. The complaint must be served upon the board liftd all parties 
to the board proceeding by certified mail, return receipt reEtuested. issue an order to all 
parties to the proceedings requiring that briefs and supporting evidence from the prior 
proceedings be submitted to the board within 15 days. The board, for good cause shown, 
may grant additional time that the board determines necessary. The board shall issue its 
decision within a reasonable time. The decision of the board is final, except that a party 
contesting the legality of the decision may raise that issue in defense of a subsequent 
claim that the party refused to bargain in good faith. If the board determines it necessary 
to ensure the right of public employees to a prompt election, the board may order that the 
election be held and impound the ballots while the appeal is pending. 
Sec. 7. 26 MRSA §1024-A, sub-§4, as enacted by PL 1979, c. 541, Pt. B, §31, is 
amended to read: 
4. Assignment to bargaining units. In the event of a dispute over the assignment of 
jobs or positions to a unit, the executive director or the executive director's designee shall 
conduct a hearing to examine the community of interest, including work tasks among 
other factors, and make an assignment to the appropriate statutory bargaining unit set 
forth in subsection 1, 2 or 3. The initial hearing on the petition for election and unit 
determination proceedings must be scheduled to occur within 15 days of the petition 
filing date. 
All proceedings must be scheduled and conducted with the goal of 
completing the election within 45 days of the petition filing date. 
Sec. 8. 26 MRSA §1025, as amended by PL 2003, c. 20, Pt. 00, §2 and affected 
by §4, is further amended to read: 
§1025. Determination of bargaining agent 
1. Recognition of employee's organization. Afty An employee organization may 
file a request for recognition with the university, academy or community colleges 
alleging that a majority of the university, academy or community college employees in an 
appropriate bargaining unit as established in section ~ 
1024-A, wish to be represented 
for the purpose of collective bargaining between the university, academy or community 
colleges and the employees' organization. Soofl This request sfl.aIt must describe the 
grouping of jobs or positions wfl.i€.h that constitute the unit claimed to be appropriate and 
sfl.aIt must include a demonstration of majority support. Soofl The request for recognition 
shall must be granted by the university, academy or community colleges unless the 
university, academy or community colleges desire tkat show good cause to believe that 
the majority support alleged by the university, academy or community college employee 
organization was obtained by fraud or duress, in which case an election must be held to 
determine whether the organization represents a majority of the members in the 
bargaining unit. 18 the e-ve8t that the request for reeog8itio8 is graRtee by If the 
university, academy or community colleges do not show good cause to believe that the 
majority support was obtained by fraud or duress, the executive director shall certify the 
organization so recognized as the bargaining agent. 
2. Elections. The determination and election of the representative of a bargaining 
unit of university, academy or community college employees must be conducted pursuant 
to this subsection. 
A. 
The executive director of the board, upon receipt of a signed reql:lest statement 
of the university, academy or community eollege colleges alleging that eRe-ef' more 
than one university, academy or community college 
emplo~'ees employee or 
employee orgaRizatio8S kaYe organization has presented to it the university, academy 
or community colleges a claim to be recognized as the representative of a bargaining 
unit of university, academy or community college employees or that the employer has 
good cause to believe that the majority support alleged by the university, academy or 
community college employee or employee organization was obtained by fraud or 
duress, or upon receipt of a signed petition of at least 30% of a bargaining unit of 
university. academy or community college employees that they desire to be 
represented by an organization, shall conduct a secret ballot election to determine 
whether the organization represents a majority of the members of the bargaining unit. 
Such an election may be conducted at suitable work locations or through the United 
States mail.,..-aHd as long as the procedures adopted and employed ffittSt ensure that 
neither the employee organizations or the management representatives involved in 
the election have access to information that would identify a voter. 
B. 
The ballot shall must contain the name of soofl each organization claiming to be 
recognized as the representative of a bargaining unit of university, academy or 
community college employees and that of any other organization showing written 
proof of at least 10% representation of the university, academy or community college 
employees within the unit, together with a choice for any university, academy or 
community college employee to designate that the employee does not desire to be 
represented by any bargaining agent. Where If more than one organization is on the 
ballot, and no one of the 3 or more choices receives a majority vote of the university, 
academy or community college employees voting, a run-off election sfta.l.l must be 
held. The run-off ballot shall must contain the 2 choices wftieh that received the 
largest and 2nd largest number of votes. When an organization receives the majority 
of votes of those voting, the executive director shall certify it as the bargaining agent. 
The bargaining agent certified as representing a bargaining unit shall must be 
recognized by the university, academy or community colleges as the sole and 
exclusive bargaining agent for all of the employees in the bargaining unit unless aRd 
tmtH a decertification election by secret ballot shall be ~ held and the bargaining 
agent ~ declared by the executive director as not representing a majority of the unit. 
]9 
2] 
3] 
• 
C. 
Whenever 30% of the employees in a bargaining unit petition for a bargaining 
agent to be decertified, the procedures for conducting an election on the question 
sftaU must be the same as for certification representation as the bargaining agent 
hereiAbefore set forth established in this subsection. 
D. 
floW A question concerning representation may not be raised within one year of a 
certification or attempted certification. Where If there is a valid collective bargaining 
agreement in effect, Be !!: question concerning unit or representation may not be raised 
except during the period not more than 90 nor less than 60 days prior to the 
expiration date of the agreement. 
E. 
The bargaining agent certified by the executive director or a designee as the 
exclusive bargaining agent for a unit is required to shall represent all the university, 
academy or community college employees within the unit without regard to 
membership in the organization certified as bargaining agent, except that any 
university, academy or community college employee may present at any time that 
employee's grievance to the employer and have that grievance adjusted without the 
intervention of the bargaining agent, if the adjustment is not inconsistent with the 
terms of any collective bargaining agreement then in effect and the bargaining agent's 
representative has been given reasonable opportunity to be present at any meeting of 
the parties called for the resolution of that grievance. 
Sec. 9. 26 MRSA §1028, sub-§2, as amended by PL ]993, c. 90, §6, is further 
amended to read: 
2. Review of representation proceedings. Ally A person aggrieved by aHy !!: ruling 
or determination of the executive director under sections ] 024 and ] 025 may appeal, 
within ] 5 days of the announcement of the ruling or determination, except that in the 
instance of objections to the conduct of an election or challenged ballots the time period 
is 5 working days, to the MaiRe Labor Relations Board board. Upon receipt of such an 
appeal, the board shall '>'lithiA a reasoRable time, hold a hear~Rg, haying first caused 7 
days' Rotice, iR writing, of the time and place of the Hearings to be given to tHe aggrie'f'ed 
part)', the labor orgaAiBltions or bargainiAg agent aHd the public emplo~'er. The hearings 
and the procedures established in furtheraAce tHereof must be in accordaRce '>'lith sectioR 
968. DecisioAs of the board made pursuant to this subsection are subject to reyie'w by the 
Superior Court under the MaiRe Ri:lles of Civil Procedure, Rule SOC, in accordaAce 'Nith 
the standards specified iA sectioA 972, if the complaint is filed withiA 15 days of the date 
of issuance of the decisioA. The cemplaiAt must be served upon the board and all parties 
to the board proceediAg by certified mail, return receipt requested. issue an order to all 
parties to the proceedings requiring that briefs and supporting evidence from the prior 
proceedings be submitted to the board within ] 5 days. The board, for good cause shown, 
may grant additional time that the board determines necessary. The board shall issue its 
decision within a reasonable time. The decision of the board is final, except that a party 
contesting the legality of the decision may raise that issue in defense of a subsequent 
claim that the party refused to bargain in good faith. If the board determines it necessary 
to ensure the right of university, academy or community college employees to a prompt 
election, the board may order that the election be held and impound the ballots while the 
appeal is pending. 
Sec. 10. 26 MRSA §1286, sub-§I, as enacted by PL 1983, c. 702, §, is amended 
to read: 
1. Unit determination. In the event of a dispute between the public employer and 
an employee or employees over the appropriateness of a unit for purposes of collective 
bargaining or between the public employer and an employee or employees over whether a 
supervisory or other position is included in the bargaining unit, the executive director or 
his the executive director's designee shall make the determination, except that anyone 
excepted from the definition of judicial employee under section 1282 may not be 
included in a bargaining unit. The initial hearing on the petition for election and unit 
determination proceedings must be scheduled to occur within 15 days of the petition 
filing date. 
All proceedings must be scheduled and conducted with the goal of 
completing the election within 45 days of the petition filing date. The executive director 
or his the executive director's designee conducting unit determination proceedings may 
administer oaths and require by subpoena the attendance and testimony of witnesses, and 
the production of books, records and other evidence relative or pertinent to the issues 
represented to them. 
Sec. 11. 26 MRSA §1287, as enacted by PL 1983, c. 702, is amended to read: 
§1287. Determination of bargaining agent 
1. 
Recognition of judicial employee organization. Afly A judicial employee 
organization may file a request for recognition with the public employer alleging that a 
majority of the judicial employees in an appropriate bargaining unit wish to be 
represented for the purpose of collective bargaining between the public employer and the 
judicial employees' organization. The request sRaU must describe the grouping of jobs or 
positions wffie.h that constitute the unit claimed to be appropriate and sRaU must include a 
demonstration of majority support. The request for recognition sRaU must be granted by 
the public employer, unless the public employer desires that shows good cause to believe 
that the majority support alleged by the judicial employee organization was obtained by 
fraud or duress, in which case an election must be held to determine whether the 
organization represents a majority of the members in the bargaining unit. 
2. Elections. The executive director of the board or his the executive director's 
designee, upon receipt of a signed reqHest statement of a public employer alleging that 
• 
efte-eF more than one judicial employees employee or judicial employee organi.,;ations 
fla¥e organization has presented to it the public employer a claim to be recognized as the 
representative of a bargaining unit of judicial employees or that the public employer has 
good cause to believe that the majority support alleged by the judicial employee or 
judicial employee organization was obtained by fraud or duress, or upon receipt of a 
signed petition of at least 30% of a bargaining unit of judicial employees that they desire 
to be represented by an organization, shall conduct a secret ballot election to determine 
whether the organization represents a majority of the members of the bargaining unit. 
Such an election may be conducted at suitable work locations or through the United 
States mail, fJfO'lided that as long as the procedures adopted and employed by the board 
sflall maintain the anonymity of the voter from both the employee organizations and the 
management representatives involved. 
• 
1 
3. 
Voting. The election of the representative of a bargaining unit of judicial 
employees must be conducted pursuant to this subsection. 
A. 
The ballot sIlall must contain the name of the organization and that of any other 
organization showing written proof of at least 10% representation of the judicial 
employees within the unit, together with a choice for any judicial employee to 
designate that fie the employee does not desire to be represented by any bargaining 
agent. When more than one organization is on the ballot and no one of the 3 or more 
choices receives a majority vote of the judicial employees voting, a mneff run-off 
election sIlall must be held. The mneff run-off ballot sIlall must contain the 2 choices 
wRieft that received the largest and 2nd largest number of votes. 
When an 
organization receives the majority of votes of those voting, the executive director &f 
the boara shall certify it as the bargaining agent. The bargaining agent certified as 
representing a bargaining unit sIlall must be recognized by the public employer as the 
sole and exclusive bargaining agent for all of the employees in the bargaining unit, 
unless aHa HHtil a decertification election by secret ballot shall be ~ held and the 
bargaining agent ~ declared by the executive director of the boara as not representing 
a majority of the unit. 
B. 
Whenever 30% of the employees in a certified bargaining unit petition for a 
bargaining agent to be decertified, the procedures for conducting an election on the 
question sIlall must be the same as for certification representation as ~ bargaining 
agent as set forth in this chapter. 
C. 
Ne A question concerning representation may not be raised within one year of a 
certification or attempted certification. Where IT there is a valid collective bargaining 
agreement in effect, Be ~ question concerning unit or representation may not be 
raised, except during the period not more than 90 days nor less than 60 days prior to 
the expiration date of the agreement. Unit clarification proceedings are not subject to 
this time limitation and may be brought at any time consistent with section 1286, 
subsection 4. 
D. 
The bargaining agent certified by the executive director of the board or lH5 the 
executive director's designee as the exclusive bargaining agent shall Be reqHirea to 
represent all the judicial employees within the unit without regard to membership in 
the organization certified as bargaining agent, pro,t'iaea except that any judicial 
employee at any time may present lH5 that employee's grievance to the public 
employer and have that grievance adjusted without the intervention of the bargaining 
agent, if the adjustment is not inconsistent with the terms of a collective bargaining 
agreement then in effect and if the bargaining agent's representative has been given 
reasonable opportunity to be present at any meeting of the parties called for the 
resolution of that grievance. 
Sec. 12. 26 MRSA §1288, sub-§2, as amended by PL 1993, c. 90, §8, is further 
amended to read: 
2. Review of representation proceedings. Afly A person aggrieved by aay ~ ruling 
or determination of the executive director under sections 1286 and 1287 may appeal, 
within 15 days of the announcement of the ruling or determination, except that in the 
instance of objections to the conduct of an election or challenged ballots the time period 
is 5 working days, to the MaiAe Labor RelMioAs Board board. Upon receipt of such an 
appeal, the board shall, 'llitRiR a reasoAable time, Role a heariAg, ha'liAg first causee 7 
eays' Rotice iA writiAg of tRe time aRe place of tRat ReariRg to be gi'leA to tRe aggrie';ee 
party, tHe labor orgaRizatioRS or bargaiAirtg ageRt aRe tHe ptlblic employer. THe ReariAgs 
aHe the pfOCeetlres establisHee iA ftlrtRenmce tHereof must be iR accoreaAce 'NitA sectioR 
968. DecisioRS of the board maee ptlrsuaHt to this Sl:l!:JsectioR are stlaject to re'lie'N!:Jy tHe 
Seperior Cow1: tlReer tHe MaiRe Ri:lles of Ciyil Proceeure, Rtlle 8QC, iA accoreaRce 'NitA 
the staftGanls specifiee iR sectioR 1292, pFOvises the complaiRt is filee witAiA 15 e8)'S of 
th.61 date of isstiaflce of tHe eecisioA. The complaiRt must be servee UpOR tHe !:Joars aHe all 
parfies to tRe !:Jowe proceediRg by certifies fftail, rerum receipt re(ftlestee. issue an order 
to all parties to the proceedings requiring that briefs and supporting evidence from the 
prior proceedings be submitted to the board within 15 days. The board, for good cause 
shown, may grant additional time that the board determines necessary. The board shall 
issue its decision within a reasonable time. The decision of the board is final, except that 
a party contesting the legality of the decision may raise that issue in defense of a 
subsequent claim that the party refused to bargain in good faith. If the board determines 
it necessary to ensure the right of public employees to a prompt election, the board may 
IS 
order that the election be held and impound the ballots while the appeal is pending. 
SU~RY 
This bill amends the labor relations laws for municipal public employees, state 
employees~ judicial employees, and employees of the University of Maine System, the 
Maine Maritime Academy and the Maine Community College System to: 
1. Require the Executive Director of the Maine Labor Relations Board to conduct a 
hearing in the event of a dispute over the appropriateness of the composition of the 
proposed bargaining unit. The hearing must be scheduled to occur within 15 days of the 
filing of the petition, with the goal of completing the election within 45 days; 
2. Require an employer to recognize an employee organization that demonstrates 
majority support by the bargaining unit employees. Current law allows an employer to 
voluntarily recognize an employee organization or to ask for an election. Under this bill, 
unless the employer shows good cause to the board to believe that the majority support 
was obtained by fraud or duress, the employer must recognize the employee organization; 
and 
3. Make final the review by the Maine Labor Relations Board of a decision of the 
executive director. Current law allows a party to appeal the board's decision to the 
Superior Court. 
This bill removes that right and also removes the procedural 
specifications for how the board is to issue its decision. 
The bill also standardizes the language of these labor relations laws, amending the 
laws to bring them into conformity with current drafting standards. 
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