An Act To Clarify the Right of PubIic)~chool Employees To Engage in Collective Baq~aining
Maine Legislature, Session 124, LD 0829
Sponsors: CLARK, JACKSON, DRISCOLL, GILBERT
Amends: 26 MRSA §965

MAINE STATE LEGISLATURE 
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124th MAINE, LEGISLATURE 
Legislative Document 
No. 829 
H.P.565 
House of Representatives, March3, 2009 
An Act To Clarify the Right of PubIic)~chool Employees To Engage 
in Collective Baq~aining 
(EMERGENCY) 
Reference to the CO.rnmittee on Labor suggested and ordered printed. 
Presented by Representative CLARK of Millinocket. 
Cosponsored by Senator JACKSON of Aroostook and 
'I1/~/J1.17!tU~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: DRISCOLL of Westbrook, GILBERT of Jay, TUTTLE-of Sanford, 
WHEELER·ofKittery. 
Printed o~ recycled paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation clarifies the ability' of public school employees to engage 
in collective b~rgaining prior to July 1, 2009; and, 
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Whereas, in the judgment of the Legislature, these facts create an emergency within 
the' meaning of the Constitution of Maine and require the following legislation as, 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it.enacted by the People ofthe State of Maine as follows: 
Sec. 1. 20:-A MRSA §1461-A, sub-§3, as enacted by PL 2007, c. 668, §5, is 
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amended to read: 
3. Authorization. The regional school unit board is authorized to take all other 
actions provided under state law to prepare the regional school unit to become operational 
' on July lstfor the first operational year, including the authority to open and maintain 
accounts, to incur expenses to be allocated among the regional school unit's member 
school administrative units in accordance with the reorganization plan for the regional 
school unit and to file applications for school construction projects and revolving 
' renovation fund loans and other available funding. 
Prior to the operational date of the regional school unit, the board for that regional school 
, unit may participate in the activities authorized and required pursuant to Title 26, chapter 
9-A only for the negotiation and execution of a successor collective bargaining agreement 
that will take effect on or after the operational date of the regional school unit. Until the 
operational date of the regional school unit, each participating school administrative unit 
retains all other authority, duties and obligations of the public employer of the employees 
of the school administrative unit pursuant to Title 26, chapter 9-A. Prior to the election of 
the initial regional school unit board, each school board, of a participating school 
administrative unit retains all authority, duties and obligations of the public employer of 
the employees of the school admini"trative unit pursuant to Title 26, chapter 9-A, 
including the authority, duty and obligation to negotiate and execute successor collective 
bargaining agreements that take effect on or after the operational date of an approved 
regional school unit of which the school administrative unit becomes a part. 
Sec. 2. 
MRSA §965, sub-§l, as 'amended by PL 1985, c. 46, is further 
amended to read: 
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1. Negotiations. It shall be the obligation of the public employer and the bargaining 
agent to bargain collectively. "Collective bargaining" means, for the purposes of this 
chapter, their mutual obligation: 
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A. To meet at reasonable times; 
B. To meet within 10 days after receipt of writtenrrotice .froin the other party 
requesting a meeting for collective bargaining purposes, provided as long as the 
parties have not otherwise agreed in a prior Written contract; 
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C. To confer and negotiate in good faith with respect to wages, hours, working 
conditions and contract grievance arbitration, except that by such obligation neither 
party 5flall may be compelled to agree to a proposal or be required to make a 
concession and except that public employers of teachers shall meet and consult but 
not negotiate with respect to educational policies; for the purpose of this paragraph, 
educational policies sflat-l may not include wages, hours, working conditions or 
contract grievance arbitration; 
D. To execute in writing any agreements arrived at, the term of any such agreement 
to be subject to negotiation but sflat-l may not exceed 3 years; and 
E. 
To participate in good faith in the mediation, fact-finding and arbitration 
procedures required by this s~ction. 
Whenever wages, rates of payor any other matter requiring appropriation of money by 
any municipality or countY are included as a matter of collective bargaining conducted 
pursuant to this chapter, it is the obligation of the bargaining agent to serve written notice 
of request for collective bargaining on the public employer at least 120 days before the 
conClusion of the. current. fiscal ,operating budget, except that this requirement is waived 
In the event that a bargaining agent of a newly formed bargaining unit is recognized or 
certified during the period not more than 120 days nor less than 30 days prior to the end 
of the fiscal period. The 120-day notice requirement is also waived with respect to 
regionai school units formed pursuant to Title 20-A, chapter 103-A, subchapter 2 prior to 
and during their 1 st year of operation. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill prohibits a regionaL schQol unit board from participating in labor relations 
activities prior to the operational date of the regional school unit except for the 
negotiation and execution of a collective bargaining agreement that takes effect on or 
after the operational date of the regional school unit. Prior to the operational date, each 
participating school administrative unit retains the authority and duties specified in the 
Maine Revised Statutes, Title 26, chapter 9-A, This bill also waives the 120-day notice 
requirement for submission of fiscal matters by the bargaining unit of a regional school 
unit prior to and during its 1st year of operation.