An Act To Incorporate Binding Arbitration for Monetary Issues in Collective Bargaining for All State, County and Municipal Employees
Maine Legislature, Session 123, LD 0814
Committee: Labor
Sponsors: STRIMLING
Amends: 26 MRSA §964, 26 MRSA §965, 26 MRSA §979-C, 26 MRSA §979-D

Legislative Document 
No. 814 
S.P.257 
February 16,2007 
An Act To Incorporate Binding Arbitration for Monetary Issues in 
Collective Bargaining for All State, County and Municipal 
Employees 
Received by the Secretary of the Senate on February 15,2007. Referred to the Committee 
on Labor pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 218. 
Presented by Senator STRIMLING of Cumberland. 
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. 26 MRSA §964, sub-§l, as enacted by PL 1969, c. 424, §1, is amended to 
read: 
1. Public employer prohibitions. Public employers, their representatives and their 
agents are prohibited from: 
A. 
Interfering with, restraining or coercing employees in the exercise of the rights 
guaranteed in section 963; 
B. 
Encouraging or discouraging membership in any employee organization by 
discrimination in regard to hire or tenure of employment or any term or condition of 
employment; 
C. 
Dominating or interfering with the formation, existence or administration of any 
employee organization; 
D. 
Discharging or otherwise discriminating against an employee because he the 
employee has signed or filed any affidavit, petition or complaint or given any 
information or testimony under this chapter; 
E. 
Refusing to bargain collectively with the bargaining agent of its employees as 
required by section 965; 
F. 
Blacklisting of any employee organization or its members for the purpose of 
denying them employment; ~ 
G. Invoking a lockout; 
H. Failing to comply with the provisions of this chapter or any rule adopted by the 
board pursuant to this chapter; 
I. Breaching a collective bargaining agreement; and 
J. Enacting any law or adopting any rule relative to the terms and conditions of 
employment that would invalidate a portion of an agreement entered into by the 
public employer, its representative or its agent enacting the law or adopting the rule. 
Sec. 2. 26 MRSA §965, sub-§4, as amended by PL 1975, c. 564, §18, is further 
amended to read: 
4. Arbitration. In addition to the 30-day period referred to in subsection 3, the 
parties sfi.al.l have 15 more days, making a total period of 45 days, from the submission of 
findings and recommendations, in which to make a good faith effort to resolve their 
controversy. 
If the parties have not resolved their controversy by the end of said 45-day period, they 
may jointly agree to an arbitration procedure which 'Nill that must result in a binding 
determination of their controversy. Such determinations will be are subject to review by 
the Superior Court in the manner specified by section 972. 
If they do not jointly agree to such an arbitration procedure within 10 days after the end 
of said 45-day period, then either party may, by written notice to the other, request that 
their differences be submitted to a board of 3 arbitrators. The bargaining agent and the 
public employer shall within 5 days of such request each select and name one arbitrator 
and shall immediately thereafter notify each other in writing of the name and address of 
the person so selected. The 2 arbitrators so selected and named shall, within 10 days from 
such request, agree upon and select and name a neutral arbitrator. If either party sRatl 
does not select its arbitrator or if the 2 arbitrators sflal.l. fail to agree upon, select and name 
a neutral arbitrator within said 10 days, either party may request the American Arbitration 
Association to utilize its procedures for the selection of the neutral arbitrator. As soon as 
possible after receipt of such request, the neutral arbitrator will must be selected in 
accordance with rules and procedures prescribed by the American Arbitration Association 
for making such selection. The neutral arbitrator so selected will may not, without the 
consent of both parties, be the same person who was selected as mediator pursuant to 
subsection 2 nor any member of the fact-finding board selected pursuant to subsection 3. 
As soon as possible after the selection of the neutral arbitrator, the 3 arbitrators or~ if 
either party sflal.l. has not Itave selected its arbitrator, the 2 arbitrators, as the case may be, 
shall meet with the parties or their representatives, or both, forthwith, either jointly or 
separately, make inquiries and investigations, hold hearings, or take such other steps as 
they tieem consider appropriate. 
If the neutral arbitrator is selected by utilizing the 
procedures of the American Arbitration Association, the arbitration proceedings will must 
be conducted in accordance with the rules and procedures of the American Arbitration 
Association. The hearing sflal.l. must be informal, and the rules of evidence prevailing in 
judicial proceedings sflal.l. are not be binding. Any and all documentary evidence and 
other data deemed considered relevant by the arbitrators may be received in evidence. 
The arbitrators sflatl have the power to administer oaths and to require by subpoena the 
attendance and testimony of witnesses, the production of books, records and other 
evidence relative or pertinent to the issues represented to them for determination. 
If the controversy is not resolved by the parties themselves, the arbitrators shall proceed 
as follows: With respect to a controversy over salaries, pensions and insurance, the 
arbitrators will recommend terms of settlement and may make findings of fact; such 
rewmmendations and findings will be advisory only and will be made, if reasonably 
possible, within 30 days after the selection of the neutral arbitrator; the arbitrators may in 
their discretion, make such recommendations and findings public, and either party may' 
make such recommendations and findings public if agreement is not reached with respect 
to such findings and recommendations 'within 10 days after their receipt from the 
arbitrators; with respect to a controversy over subjects other than salaries, pensions and 
insurance, the arbitrators shall make determinations with respect therete to the 
controversy if reasonably possible within 30 days after the selection of the neutral 
arbitrator; such determinations may be made public by the arbitrators or either party; and, 
if made by a majority of the arbitrators, such determinations will be are binding on both 
parties~ and the parties will must enter an agreement or take whatever other action that 
may be appropriate to carry out and effectuate such binding determinations; and such 
determinations wHl-be are subject to review by the Superior Court in the manner specified 
by section 972. The results of all arbitration proceedings, recommendations and awards 
conducted under this section sflal.l. must be filed with the Maine Labor Relations Board at 
the offices of its executive director simultaneously with the submission of the 
recommendations and award to the parties. In the event the parties settle their dispute 
during the arbitration proceeding, the arbitrator or the chairman chair of the arbitration 
panel will shall submit a report of his activities to the Executive Director of the Maine 
Labor Relations Board not more than 5 days after the arbitration proceeding has 
terminated. 
Sec. 3. 26 MRSA §979-C, sub-§l, as enacted by PL 1973, c. 774, is amended to 
read: 
1. Public employer prohibitions. The public employer, its representatives and its 
agents are prohibited from: 
A. 
Interfering with, restraining or coercing employees in the exercise of the rights 
guaranteed in section 979-B; 
lOB. 
Encouraging or discouraging membership in any employee organization by 
i 1 
discrimination in regard to hire or tenure of employment or any term or condition of 
employment; 
C. 
Dominating or interfering with the formation, existence or administration of any 
employee organization; 
D. 
Discharging or otherwise discriminating against an employee because fie the 
employee has signed or filed any affidavit, petition or complaint or given any 
information or testimony under this chapter; 
E. 
Refusing to bargain collectively with the bargaining agent of its employees as 
required by section 979-D; 
F. 
Blacklisting of any employee organization or its members for the purpose of 
denying them employment~ ~ 
G. Invoking a lockout; 
H. Failing to comply with the provisions of this chapter or any rule adopted by the 
board pursuant to this chapter; 
I. Breaching a collective bargaining agreement; and 
J. 
Enacting any law or adopting any rule relative to the tenns and conditions of 
employment that would invalidate a portion of an agreement entered into by the 
public employer, its representative or its agent enacting the law or adopting the rule. 
Sec. 4. 26 MRSA §979-D, sub-§4, ~, as enacted by PL 1973, c. 774, is 
amended to read: 
D. 
WitH respeet to eontroversies over salaries, pensions and insl:lranee, tHe arbitrator 
will reeommend terms of settlement and may mai(e findings of faet. Sl:IeH 
reeommendations and findings sHall be advisof)' and sHall not be binding I:Ipon tHe 
parties. The determination by the arbitrator on all otHer issl:les sHall be ~ final and 
binding on the parties. 
SUMMARY 
This bill makes a determination on a salary, pension and insurance issue by an 
arbitrator in collective bargaining with state or municipal employees binding and 
prohibits certain practices by a public employer of state and municipal employees 
including: 
1. Invoking a lockout; 
2. Failing to comply with the provisions of the municipal public employees labor 
relations laws or the state employees labor relations laws or any rule adopted by the 
Maine Labor Relations Board pursuant to these laws; 
3. Breaching a collective bargaining agreement; or 
4. Enacting any law or adopting any rule relative to the terms and conditions of 
employment that would invalidate a portion of an agreement entered into by the 
public employer enacting the law or adopting the rule.