An Act To Ensure the Freedom of Family Child Care Providers To Jointly Negotiate with the State
Maine Legislature, Session 123, LD 2095
Committee: Labor
Sponsors: CUMMINGS, EDMONDS, CAIN, CAREY, CONOVER, PINGREE, RAND, SILSBY, MITCHELL
Amends: 22 MRSA §8308

Legislative Document 
No. 2095 
H.P. 1481 
House of Representati ves, December 27, 2007 
An Act To Ensure the Freedom of Family Child Care Providers To 
Jointly Negotiate with the State 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Speaker CUMMINGS of Portland. 
Cosponsored by President EDMONDS of Cumberland and 
111~ 
/J7.1llP£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CAIN of Orono, CAREY of Lewiston, CONOVER of Oakland, PINGREE of 
North Haven, RAND of Portland, SILSBY of Augusta, Senator: MITCHELL of Kennebec. 
Printed on recyc led paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §8308 is enacted to read:· 
§8308. Family child care provider representation 
1. 
Definition. 
As used in this section, the following terms have the following 
meanings. 
A. "Family child care provider" or "provider" means: 
(I) A family child care provider as defined in section 830 I-A, subsection I-A, 
paragraph C and subject to certification pursuant to section 8301-A, subsection 3; 
or 
II 
(2) A family child care provider who is legally exempt from certification as 
defined in section 830 I-A, subsection I-A, paragraph C and subject to the 
requirements of section 8302-B. 
2. Public employee, employer relationship for collective bargaining only. Solely 
for the purposes of Title 26, section 629 and Title 26, chapter 9-A, a family child care 
provider is deemed to be a public employee, and the State, acting through the Governor 
or designees of the Governor, is deemed to be the public employer of providers only for 
the purpose of collective bargaining pursuant to this section, subject to the following 
exceptions. 
A. 
Notwithstanding Title 26, section 965, subsection I, paragraph C, the public 
employer and the bargaining agent of providers are obligated to confer and negotiate 
in good faith only with regard to subsidy reimbursement rates and procedures; access 
to health care insurance and other benefits; training and education opportunities for 
providers; mechanisms for improving the quality of care and the enforcement of 
regulations affecting the licensing of family child care providers; and governing the 
participation of providers in the child care subsidy program. 
B. Cost items negotiated between the bargaining agent and the public employer must 
be submitted for inclusion in the Governor's next operating budget within 10 days 
after the date on which the agreement is ratified by the parties. If the Legislature 
rejects any of the cost items submitted to it, all cost items submitted must be returned 
to the parties for further bargaining. 
C. In determining the appropriate bargaining unit for purposes of family child care 
representation pursuant to Title 26, section 966, the Maine Labor Relations Board 
shaH apply the foHowing principle: 
Only one unit of providers may exist for 
purposes of this section, and that unit consists of all family child care providers in the 
State. 
D. 
In determining the initial bargaining agent for family child care providers 
pursuant to Title 26, section 967, the Maine Labor Relations Board shaH certify as the 
bargaining agent the provider organization certified in October 2007 as the majority 
representative in an election held among aH family child care providers in the State, 
Page I - 123LR2843(OI)-1 
and that provider organization must be recognized as the sole and exclusive 
bargaining agent for the appropriate bargaining unit offamily child care providers. 
E. The bargaining agent of family child care providers and the public employer may 
agree through negotiations that authorized deductions may be made from subsidy 
payments to family child care providers. Solely for the purpose of Title 26, section 
629, subsection 4, subsidy payments made to family child care providers by the State 
must be considered pay. 
3. Status of providers. Family child care providers are deemed to be self-employed 
and may not be deemed to be public employees or employees of the State for any purpose 
except as designated in this chapter. 
4. State action exemption. It is the intent of the Legislature that the state action 
exemption to the application of federal and state antitrust laws be fully available to the 
extent that the activities of family child care providers and their representatives are 
authorized under this chapter. 
SUMMARY 
This bill provides for collective bargaining between the State and family child care 
pf(n iders in order to improve the quality of child care services in the State.