An Act To Ensure the Freedom of Family Child Care Providers To Jointly Negotiate with the State
Maine Legislature, Session 123, LD 2095
Committee Amendment CA_A_H901 (House)

COMMITTEE AMENDMENT "A " 
to H.P. 1481, L.D. 2095, Bill, "An Act To 
Ensure the Freedom of Family Child Care Providers To Jointly Negotiate with the State" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRS A §8308 is enacted to read: 
§8308. Family child care provider representation 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following tenns have the following meanings. 
A. 
"Collective bargaining" means a mutual obligation to confer and negotiate 
regarding issues of mutual concern to the extent not prescribed or controlled by law 
or otherwise outside ofthe State's control. 
B. "Family child care provider" or "provider" means: 
(1) A family child care provider as defined in section 8301-A, subsection I-A, 
paragraph C and subject to certification pursuant to section 8301-A, subsection 3; 
or 
(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. 
C. "Issues of mutual concern" means and is limited to: 
(1) Training and other requirements and opportunities that are appropriate for 
providers; 
(2) Reimbursement rates; 
(3) Payment procedures; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT·4" to H.P. 1481, L.D. 2095 
( 4) Contract grievance arbitration; 
(5) Member dues deduction; 
(6) Representation or service fees for nonmembers; and 
(7) Any changes to current practice other than those listed in subparagraphs (1) 
to (6) that would improve recruitment and retention of qualified providers, would 
improve the quality of the programs they provide, would encourage qualified 
providers to seek additional education and training and would promote the health 
and safety of providers and the children in their care. 
"Issues of mutual concern" does not include retirement benefits for family child care 
providers, and such benefits are not subject to collective bargaining. 
"Issues of 
mutual concern" also does not include coverage by the state employee health 
insurance program established in Title 5, chapter 13, subchapter 2. Family child care 
providers are not eligible for coverage under that program. 
2. Collective bargaining procedure. Beginning July l, 2009, the State, acting 
through the Governor or the Governor's designees, shall engage in collective bargaining 
with the collective bargaining agent of family child care providers in accordance with this 
subsection. 
A. The parties shall: 
(1) Meet at reasonable times; 
(2) Meet within 10 days after receipt of written notice from the other party 
requesting a meeting for collective bargaining purposes, if the parties have not 
otherwise agreed in a prior written contract; 
(3) Execute any written agreements arrived at; 
(4) At the request of either party, submit unresolved issues of mutual concern to 
a mutually acceptable neutral 3rd party for mediation and nonbinding arbitration 
as the method of concluding the collective bargaining process; 
(5) 
At the request of either party, submit disputes concerning collective 
bargaining as set forth in subparagraphs 0) to (3) to a mutually acceptable 
neutral 3rd party for mediation, binding arbitration and appropriate remedies; and 
(6) In the event the State and the collective bargaining agent of providers cannot 
agree to a mutually acceptable neutral 3rd party as specified in subparagraphs (4) 
and (5), each shall designate one individual to choose the neutral 3rd party, and 
the State and the collective bargaining agent shall accept the neutral 3rd party 
chosen jointly by the 2 designated individuals. 
B. Pursuant to this subsection, neither party is compelled to agree to a proposal or to 
make a concession. 
This subsection does not preclude the parties from jointly 
establishing rules and procedures to govern the relationship in lieu of the procedures 
set forth in this subsection. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ./+ " 
to H.P. 1481, L.D. 2095 
C. 
Cost items agreed upon in collective bargaining between the parties must be 
submitted for inclusion in the Governor's next operating budget within 10 days after 
the date on which an agreement is executed 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. 
D. The terms of any collective bargaining agreement reached under this section that 
require modification of existing rules are contingent on the successful completion of 
the rule-making process under the Maine Administrative Procedure Act. The results 
of the rule-making process may require reconsideration of, or modification to, any 
contingent agreement. 
E. The terms of any collective bargaining agreement reached under this section may 
not be construed to affect the conduct of any administrative or judicial action pending 
against a family child care provider for child abuse or neglect. 
3. Representation of family child care providers. The collective bargaining unit 
for the purpose of family child care provider representation is described in this 
subsection. 
A. For the purposes of this section, the collective bargaining unit consists of all 
family child care providers in the State. 
B. The State shall recognize as the initial collective bargaining agent of family child 
care providers the collective bargaining agent certified in October 2007 as the 
majority representative in an election held among family child care providers in the 
State, and that collective bargaining agent must be recognized as the sole and 
exclusive collective bargaining agent for the collective bargaining unit offamily child 
care providers. 
C. Family child care providers or the State may seek subsequent elections by using 
the election procedures set forth in Title 26, section 967, and any such elections are 
subject to the requirements and limitations set forth in that section. 
D. The collective bargaining agent of family child care providers is required to 
represent all of the providers in the unit without regard to membership in the 
organization. 
E. Unless prescribed or controlled by federal law or regulation, the State and the 
collective bargaining agent of family child care providers may agree through 
negotiations to deduct membership dues and service fee obligations from child care 
subsidy payments. Service fees may be remitted to the collective bargaining agent of 
family child care providers from subsidy payments without authorization from the 
provider as long as the fee obligation arises from a lawfully executed collective 
bargaining agreement. 
4. 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 
nor is this section intended to alter the existing relationship between family child care 
providers and the State or in any way create an employer-employee or principal-agent 
relationship for any purpose, including, but not limited to, vicarious liability in tort or 
statutory health or retirement benefits. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A .. to H.P. 1481, L.D. 2095 
5. 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. 
6. Right of families to select family child care provider. The provisions of this 
section do not limit the right of families receiving services described in this chapter to 
select family child care providers or supervise them within the limits of this chapter. 
Sec. 2. 
Designing constructive relationship; report. 
The Department of 
Health and Human Services shall work with the family child care providers' collective 
bargaining agent recognized under the Maine Revised Statutes, Title 22, section 8308, 
subsection 3 to design and structure a collaborative and constructive relationship and 
shall do so in a way that is respectful of resources and time constraints facing the 
Department of Health and Human Services and the State. The Department of Health and 
Human Services and the collective bargaining agent shall submit a report to the joint 
standing committee of the Legislature having jurisdiction over labor matters and the joint 
standing committee of the Legislature having jurisdiction over health and human services 
matters on their progress by April 1, 2009.' 
SUMMARY 
The bill provided for collective bargaining between the State and family child care 
providers in order to improve the quality of child care services in the State. 
This 
amendment further delineates the process and specifies the issues of mutual concern that 
are subject to collective bargaining between the parties. 
It also ensures that the 
Department of Health and Human Services and the family child care providers' collective 
bargaining agent work collaboratively in the establishment of this relationship. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 03/31/08 ;?;?ac:.. 
LD 2095 
LR2843(02) 
An Act To Ensure the Freedom of Family Child Care Providers To Jointly Negotiate with the State 
Fiscal Note for Bill as Amended by Committee Amendment" 4" 
Committee: Labor 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
$0 
$0 
2008-09 
$0 
$0 
Projections 
2009-10 
$109,561 
$109,561 
Projections 
2010-11 
$112,248 
$112,248 
A General Fund appropriation of$109,561 will be required for the Department of Administrative and Financial 
Services in fiscal year 2009-10 to provide funds for a Labor Relations Specialist position and general operating 
expenses to negotiate and administer the collective bargaining agreements. The bill would have an undetermined 
potential fiscal impact due to the uncertainty of arbitrators' binding decisions relating to negotiated cost items between 
family child care providers and the State. Additional costs to the Maine Labor Relations Board can be absorbed 
within existing budgeted resources. 
LR2843(02) - Fiscal Note - Page I of I