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

Legislative Document 
No. 1931 
S.P.738 
June 21,2007 
An Act To Protect Employee Choice of Collective Bargaining Agents 
in the Educational Unit Consolidation Process 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Senator MARTIN of Aroostook. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRS A §1464, as enacted by PL 2007, c. 240, Pt. XXXX, §13, is 
repealed: 
Sec. 2. 20-A MRSA §1464-A is enacted to read: 
§1464-A. 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 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 
oflaw, the responsibilities of the regional school unit include: 
A. Continued recognition of all bargaining agents that represented any bargaining 
units of employees who were employed by a participating school administrative unit; 
B. 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 
C. 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. 
2. Existing teachers; staff; emplovees. 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 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. 
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. 
Sec. 3. PL 2007, c. 240, Pt. XXXX, §43, sub-§6 is repealed and the following 
enacted in its place: 
6. Collective bargaining. The following provisions apply. 
A. On July 1, 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 of the 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 
I 
agreements between such bargaining agents and a participating school 
administrative unit, which agreements continue in effect for the remainder of 
their unexpired tenns 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 
1 
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. 
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 of this 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. 
SUMMARY 
This bill removes language from the regional school unit authorization laws requiring 
the merger of bargaining units on a regional school unit-wide basis and enacts a new 
provision preserving cristing bargaining units, collective bargaining agents and existing 
collective bargaining ob}jgations. 
IISCAL :\ OTE REQUREJ) 
(See attached) 
Approved: 06/15107 :tvae 
LD 
LR 2721(01) 
An Act To Protect Employee Choice of Collective Bargaining Agents in the Educational Unit 
Consolidation Process 
Fiscal Detail and Notes 
Fiscal Note for Original Bill 
Sponsor: Sen. Martin of Aroostook 
Committee: Not Referred 
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 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 (0 1) - Fiscal Note - Page 1 of 1