An Act Regarding Labor Contracts for Public Works Projects
Maine Legislature, Session 125, LD 1257
Committee: State and Local Government
Sponsors: PLOWMAN, MASON, THOMAS, CRAFTS, HARVELL, TIMBERLAKE
Amends: 26 MRSA §1304, 26 MRSA §1312, 26 MRSA §1316

Legislative Document 
No. 1257 
S.P. 378 
In Senate, March 22, 2011 
An Act Regarding Labor Contracts for Public Works Projects 
Reference to the Committee on State and Local Government suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator PLOWMAN of Penobscot. 
Cosponsored by Senators: MASON of Androscoggin, THOMAS of Somerset, Representatives: 
CRAFTS of Lisbon, HARVELL of Farmington, TIMBERLAKE of Turner. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  26 MRSA §1304, sub-§5-A is enacted to read: 
5-A.  Interested party.  "Interested party" includes the following: 
A.  A bidder, contractor or subcontractor for a public works contract covered by this 
chapter; 
B.  An employee of a bidder, contractor or subcontractor for a public works contract 
covered by this chapter; and 
C.  A taxpayer of an entity awarding a public works contract covered by this chapter. 
Sec. 2.  26 MRSA §1312, last ¶, as amended by PL 1997, c. 757, §10, is repealed. 
Sec. 3.  26 MRSA §1316 is enacted to read: 
§1316.  Public works contract requirements 
This section applies to public works contracts entered into, awarded or renewed after 
October 1, 2011. 
1.  Contract documents.  The plans, specifications and contract documents for a 
public works contract awarded under this chapter may not: 
A.  Require a bidder, contractor or subcontractor to enter into or comply with an 
agreement with a labor organization on the same or a related public works project; 
B.  Discriminate against a bidder, contractor or subcontractor for refusing to enter 
into, remain a signatory to or comply with an agreement with a labor organization on 
the same or a related public works project; or 
C.  Require a bidder, contractor or subcontractor to enter into or comply with an 
agreement that requires an employee of the bidder, contractor or subcontractor, as a 
condition of employment, to: 
(1)  Become a member of or become affiliated with a labor organization; or 
(2)  Over the objection of the employee, pay dues or fees to a labor organization 
that exceed the employee's share of the labor organization's costs relating to 
collective bargaining, contract administration or grievance adjustment. 
2.  Cooperation with the federal National Labor Relations Act.  This section does 
not prohibit an employer or any other person covered by the federal National Labor 
Relations Act, 29 United States Code, Chapter 7, Subchapter II from entering into 
agreements or engaging in any other activity protected by law.  This section may not be 
interpreted to interfere with the labor relations of persons covered by the federal National 
Labor Relations Act. 
3.  Penalties.  The following provisions apply to a violation of this section. 
A.  An interested party has a cause of action to challenge the award of a public works 
contract that violates this section. 
B.  An interested party that prevails in an action under this section is entitled to the 
following relief: 
(1)  A declaration that the provisions of the public works contract that violate the 
applicable statute are void; 
(2)  Costs and attorney’s fees; and 
(3)  Any other appropriate relief requested by the interested party. 
Relief that would interfere with the labor relations of persons covered by the federal 
National Labor Relations Act, 29 United  States Code, Chapter 7, Subchapter II may not 
be granted under this subsection. 
SUMMARY 
This bill provides that the plans, specifications and contract documents for a public 
works project may not require bidders, contractors or subcontractors to enter into or 
comply with certain agreements with labor organizations.  The bill also provides a cause 
of action to challenge the awarding of a contract that violates these provisions.