An Act To Protect Fair Share Workers from Termination
Maine Legislature, Session 123, LD 1915
Committee Amendment CA_A_S274 (Senate)
Amends: 26 MRSA §629, 26 MRSA §963, 26 MRSA §964, 26 MRSA §979-B, 26 MRSA §979-C, 26 MRSA §1023, 26 MRSA §1027, 26 MRSA §1283, 26 MRSA §1284

Majority 
COMMITTEE AMENDMENT "A " to S.P. 714, L.D. 1915, Bill, "An Act To 
Protect Fair Share Workers from Termination" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 26 MRSA §629, as amended by PL 1983, c. 652, §5, is repealed and the 
following enacted in its place: 
§629. Unfair agreements 
1. Work without compensation; return of compensation. A person, firm or 
corporation may not require or permit any person as a condition of securing or rt:taining 
employment to work without monetary compensation or when having an agreement. oral, 
written or implied. that a part of such compensation should be returned to the person. firm 
or corporation for any reason other than for the payment of a loan. debt or advance made 
to the person. or for the payment of any merchandise purchased from the employe:r or for 
sick or accident benefits. or life or group insurance premiums. excluding compensation 
insurance, that an employee has agreed to pay. or for rent, light or water expense of a 
company-owned house or building. This section does not apply to work performed in 
agriculture or in or about a private home. 
2. Debt. For purposes of this subchapter. "debt" means a benefit to the employee. 
"Debt" does not include items incurred by the employee in the course of the employee's 
work or dealing with customers on the employer's behalf, such as cash shortages, 
inventory shortages. dishonored checks. dishonored credit cards. damages to the 
employer's property in any form or any merchandise purchased by a customer. 
3. Penalty. An employer is liable to an employee for the amount returned to the 
employer by that employee as prohibited in this section. 
4. Deduction of service fees. Public employers may deduct service fees owed by an 
employee to a collective bargaining agent from the employee's pay. without signed 
authorization from the employee. and remit those fees to the bargaining agent, as long as: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,," " to S.P. 714, L.D. 1915 
A. The fee obligation arises from a lawfully executed and implemented collective 
bargaining agreement; and 
B. In the event a fee payor owes any arrears on the payor's fee obligations, the 
deduction authorized under this subsection may include an installment on a payment 
plan to reimburse all arrears, but may not exceed in each pay period 10% of the gross 
pay owed. 
Sec. 2. 26 MRSA §963, as enacted by PL 1969, c. 424, §1, is repealed and the 
following enacted in its place: 
§963. Right of public employees to join or refrain from joining labor organizations 
A person may not directly or indirectly interfere with, intimidate, restrain, coerce or 
discriminate against a public employee or a group of public employees in the free 
exercise oftheir rights, given by this section, to voluntarily: 
1. Join a union. Join. form and participate in the activities of organizations of their 
own choosing for the purposes of representation and collective bargaining or in the free 
exercise of any other right under this chapter; or 
2. Not join a union. Refrain from joining or participating in the activities of 
organizations for the purposes of representation and collective bargaining. except that an 
employee may be required to pay to the organization that is the bargaining agent for the 
employee a service fee that represents the employee's pro rata share of those expenditures 
that are germane to the organization's representational activities. 
Sec. 3. 26 MRSA §964, sub-§l, W, as enacted by PL 1969, c. 424, §1, is 
amended to read: 
F. 
Blacklisting of any employee organization or its members for the purpose of 
denying them employment.; 
Sec. 4. 26 MRSA §964, sub-§l, ~G is enacted to read: 
G. Requiring an employee to join a union, employee association or bargaining agent 
as a member; and 
Sec. 5. 26 MRSA §964, sub-§l, ~ 
is enacted to read: 
H. Terminating or disciplining an employee for not paying union dues or fees of any 
~ 
Sec. 6. 26 MRSA §979-B, as amended by PL 1997, c. 741, §4 and affected by 
§ 12, is repealed and the following enacted in its place: 
§979-B. Right of state employees or legislative employees to join or refrain from 
joining labor organizations; prohibition 
A person may not directly or indirectly interfere with, intimidate. restrain, coerce or 
discriminate against a state or legislative employee or a group of employees in the free 
exercise of their rights. given by this section, to voluntarily: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "-A" to S.P. 714, L.D. 1915 
1. Join a union. Join, form and participate in the activities of organizations of their 
own choosing for the purposes of representation and collective bargaining or in the free 
exercise of any other right under this chapter; or 
2. Not join a union. Refrain from joining or participating in the activities of 
organizations for the purposes of representation and collective bargaining, except that an 
employee may be required to pay to the organization that is the bargaining agent for the 
employee a service fee that represents the employee's pro rata share of those expenditures 
that are germane to the organization's representational activities. 
Sec. 7. 26 MRSA §979-C, sub-§I, V, as enacted by PL 1973, c. 774, is 
amended to read: 
F. 
Blacklisting of any employee organization or its members for the purpose of 
denying them employment.; 
Sec. 8. 26 MRSA §979-C, sub-§I, ~G is enacted to read: 
G. Requiring an employee to join a union, employee association or bargaining agent 
as a member; and 
Sec. 9. 26 MRSA §979-C, sub-§I, ~ 
is enacted to read: 
H. Terminating or disciplining an employee for not paying union dues or fe,es of any 
~ 
Sec. 10. 26 MRSA §1023, as amended by PL 2003, c. 20, Pt. 00, §2 and affected 
by §4, is repealed and the following enacted in its place: 
§I023. Right of university, academy or community college employees to join or 
refrain from joining labor organizations; prohibition 
A person may not directly or indirectly interfere with, intimidate, restrain, (;oerce or 
discriminate against a university, academy or community college employee or a group of 
university, academy or community college employees in the free exercise of the:ir rights, 
given by this section, to voluntarily: 
I. Join a union. Join, form and participate in the activities of organizations of their 
own choosing for the purposes of representation and collective bargaining or in the free 
exercise of any other right under this chapter; or 
2. Not join a union. Refrain from joining or participating in the activities of 
organizations for the purposes of representation and collective bargaining, except that an 
employee may be required to pay to the organization that is the bargaining agent for the 
employee a service fee that represents the employee's pro rata share of those exp,enditures 
that are germane to the organization's representational activities. 
Sec. 11. 26 MRSA §1027, sub-§I, ~, as repealed and replaced by PL 1985, c. 
737, Pt. A, §67, is amended to read: 
E. 
Refusing to bargain collectively with the bargaining agent of its emplloyees as 
required by section 1026; ef 
Sec. 12. 26 MRSA §1027, sub-§l, V, as enacted by PL 1975, c. 603, §l, is 
amended to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 714, L.D. 1915 
F. 
Blacklisting of any employee organization or its members for the purpose of 
denying them employment..;. 
Sec. 13. 26 MRSA §1027, sub-§I, ~G is enacted to read: 
G. Requiring an employee to join a union, employee association or bargaining agent 
as a member; and 
Sec. 14. 26 MRSA §1027, sub-§I, ~ 
is enacted to read: 
H. Terminating or disciplining an employee for not paying union dues or fees of any 
~ 
Sec. 15. 26 MRSA §1283, as enacted by PL 1983, c. 702, is repealed and the 
following enacted in its place: 
§1283. 
Right of judicial employees to joiu or refrain from joining labor 
organizations; prohibition 
A person may not directly or indirectly interfere with, intimidate, restrain, coerce or 
discriminate against a judicial employee or a group of judicial employees in the free 
exercise oftheir rights, given by this section, to voluntarily: 
1. Join a union. Join, form and participate in the activities of organizations of their 
own choosing for the purposes of representation and collective bargaining or in the free 
exercise of any other right under this chapter; or 
2. Not join a union. Refrain from joining or participating in the activities of 
organizations for the purposes of representation and collective bargaining, except that an 
employee may be required to pay to the organization that is the bargaining agent for the 
employee a service fee that represents the employee's pro rata share of those expenditures 
that are germane to the organization's representational activities. 
Sec. 16. 26 MRSA §1284, sub-§I, ~, as enacted by PL 1983, c. 702, is 
amended to read: 
E. 
Refusing to bargain collectively with the bargaining agent of its employees, as 
required by section 1285; ef 
Sec. 17. 26 MRSA §1284, sub-§l, ~, as enacted by PL 1983, c. 702, is 
amended to read: 
F. 
Blacklisting any employee organization or its members for the purpose of 
denying them employment~.;. 
Sec. 18. 26 MRSA §1284, sub-§I, ~G is enacted to read: 
G. Requiring an employee to join a union, employee association or bargaining agent 
as a full member; and 
Sec. 19. 26 MRSA §1284, sub-§I, ~ 
is enacted to read: 
H. Terminating or disciplining an employee for not paying union dues or fees of any 
~ 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "It "to S.P. 714, L.D. 1915 
Sec. 20. 
Study of dispute resolution regarding representation~ll fees; 
report. The Maine Labor Relations Board shall study the existing procedures for the 
resolution of disputes over a union's calculation of its representational fee and report to 
the Joint Standing Committee on Labor by January 15, 2008 with recommendations and 
necessary implementing legislation to provide for the resolution of such disputes in a fair 
and impartial manner by the Maine Labor Relations Board or the State Board of 
Arbitration and Conciliation. The committee may submit a bill to the Second Regular 
Session of the 123rd Legislature regarding resolution of disputes of representational fees 
imposed by a union as the collective bargaining agent.' 
SUMMARY 
This amendment specifies that public employees, including state and legislative 
employees, university, academy and community college employees and judicial 
employees, may not be required by an employer or other person to join a union, labor 
organization or bargaining agent and may not be terminated for nonpayment of any 
service fee. The amendment permits the employer to deduct service fees from the pay of 
unit members who do not join the union. The amendment further provides that any fee 
balance owed to the union may be deducted only to the extent that the total dedw;tion for 
the current fee and arrears installment does not exceed in each pay period 10% of the 
employee's gross pay. Finally, the amendment directs the Maine Labor Relations Board 
to develop recommendations to improve the procedures for resolving disputes over a 
union's calculation of its service fee and report those recommendations to the Joint 
Standing Committee on Labor. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 06/06/07 ;t;?ac::.. 
LD 1915 
LR2677(02) 
An Act To Protect Fair Share Workers from Termination 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
Committee: Labor 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Maine Labor Relations Board associated with developing the required recommendations can be 
absorbed within existing budgeted resources. 
LR2677(02) - Fiscal Note - Page 1 of 1