An Act To Prohibit Forced Payment of Labor Union Dues or Fees by Workers
Maine Legislature, Session 125, LD 0788
Committee: Labor, Commerce, Research and Economic Development
Sponsors: WINSOR, CEBRA, SNOWE-MELLO, BLACK, CURTIS, CUSHING, HAMPER, KESCHL, O'CONNOR
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, 26 MRSA §1323, 26 MRSA §1324

Legislative Document 
No. 788 
H.P. 595 
House of Representatives, March 1, 2011 
An Act To Prohibit Forced Payment of Labor Union Dues or Fees 
by Workers 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative WINSOR of Norway. 
Cosponsored by Representative CEBRA of Naples, Senator SNOWE-MELLO of 
Androscoggin and Representatives: BLACK of Wilton, CURTIS of Madison, CUSHING of 
Hampden, HAMPER of Oxford, KESCHL of Belgrade, O'CONNOR of Berwick. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  26 MRSA §629, sub-§4, as repealed and replaced by PL 2007, c. 524, §1, 
is repealed. 
Sec. 2.  26 MRSA §629, sub-§4-A is enacted to read: 
4-A.  Deduction of union dues or service fees prohibited without signed written 
consent.  An employer or agent of an employer may not deduct any type of dues or fees 
for any union, employee organization or collective bargaining agent from an employee's 
pay without signed written consent from the employee.  An employee who has provided 
signed written consent for dues or fees deduction from the employee's pay to a union, 
employee organization or collective bargaining agent may provide written notice to stop 
payments at any time and the employer or agent of the employer shall stop the deductions 
within 15 days of receiving notice. 
Sec. 3.  26 MRSA c. 7, sub-c. 2-B is enacted to read: 
SUBCHAPTER 2-B 
RIGHT TO WORK 
§651.  Short title 
This subchapter may be known and cited as "the Maine Right To Work Act." 
§652.  Labor organization 
"Labor organization" means an organization or agency or employee representation 
committee or union that exists for the purpose of negotiating with employers, public or 
private, concerning wages, rates of pay, hours of work, other conditions of employment 
or other forms of compensation. 
§653.  Right to refrain 
A person may not be required, as a condition of employment or continuation of 
employment, to: 
1.  Become a member.  Become or remain a member of a labor organization; 
2.  Pay dues.  Pay any dues, fees, assessments or other similar charges, however 
denominated, of any kind or amount to a labor organization; or 
3.  Pro rata portions.  Pay to any charity or other 3rd party, in lieu of payments 
under subsection 2, any amount equivalent to or a pro rata portion of dues, fees, 
assessments or other charges required of members of a labor organization. 
§654.  Agreements in violation 
An agreement, understanding or practice, written or oral, implied or expressed, 
between a labor organization and employer that violates the rights of employees as 
guaranteed by provisions of this Act is void and of no effect. 
§655.  Penalty 
A person who directly or indirectly violates any provision of this Act is guilty of a 
Class E crime. 
§656.  Injunctive relief 
A person injured as a result of any violation or threatened violation of the provisions 
of this Act is entitled to injunctive relief against any violators or persons threatening 
violations. 
§657.  Damages 
A person injured as a result of any violation or threatened violation of the provisions 
of this Act may recover all damages, including costs and reasonable attorney's fees, of 
any violation or threatened violation.  Remedies are independent of the penalties and 
remedies proscribed in other provisions of this Act. 
§658.  Duty to investigate 
The Attorney General or a district attorney of a district in which a violation is alleged 
to have occurred shall investigate complaints of violation or threatened violations of this 
Act and shall prosecute all persons violating any of its provisions to ensure its effective 
enforcement. 
§659.  Exceptions 
The provisions of this Act do not apply: 
1.  Covered by Railway Labor Act.  To employers and employees covered by the 
federal Railway Labor Act, 45 United States Code, Sections 151 to 188; 
2.  Federal employers and employees.  To federal employers and employees; 
3.  Federal enclaves.  To employers and employees on exclusive federal enclaves; 
4.  Conflict with federal law.  When those provisions would otherwise be in conflict 
with, or be preempted by, federal law; and 
5.  Not retroactive.  To any employment contract entered into before the effective 
date of this section.  However, the provisions of this Act apply to any renewal or 
extension of any existing contract. 
Sec. 4.  26 MRSA §963, sub-§2, as enacted by PL 2007, c. 415, §2, is amended to 
read: 
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 and all incidents of union 
membership, including the payment of any union dues or agency fees. 
Sec. 5.  26 MRSA §964, sub-§1, ¶G, as enacted by PL 2007, c. 415, §4, is 
amended to read: 
G.  Requiring an employee to join, support or pay any type of union dues or fees to 
any type of a union, employee association or bargaining agent as a member; and 
Sec. 6.  26 MRSA §979-B, sub-§2, as enacted by PL 2007, c. 415, §6, is amended 
to read: 
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 and all incidents of union 
membership, including the payment of any union dues or agency fees. 
Sec. 7.  26 MRSA §979-C, sub-§1, ¶G, as enacted by PL 2007, c. 415, §8, is 
amended to read: 
G.  Requiring an employee to join, support or pay any type of union dues or fees to 
any type of a union, employee association or bargaining agent as a member; and 
Sec. 8.  26 MRSA §1023, sub-§2, as enacted by PL 2007, c. 415, §10, is amended 
to read: 
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 and all incidents of union 
membership, including the payment of any union dues or agency fees. 
Sec. 9.  26 MRSA §1027, sub-§1, ¶G, as enacted by PL 2007, c. 415, §13, is 
amended to read: 
G.  Requiring an employee to join, support or pay any type of union dues or fees to 
any type of a union, employee association or bargaining agent as a member; and 
Sec. 10.  26 MRSA §1283, sub-§2, as enacted by PL 2007, c. 415, §15, is 
amended to read: 
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 and all incidents of union 
membership, including the payment of any union dues or agency fees. 
Sec. 11.  26 MRSA §1284, sub-§1, ¶G, as enacted by PL 2007, c. 415, §18, is 
amended to read: 
G.  Requiring an employee to join, support or pay any type of union dues or fees to 
any type of a union, employee association or bargaining agent as a full member; and 
Sec. 12.  26 MRSA §1323, as enacted by PL 1997, c. 472, §1, is amended to read: 
§1323.  Rights of agricultural employees; organization, collective bargaining 
Agricultural employees have the right to self-organize; to form, join or assist labor 
organizations; to bargain collectively through representatives of their own choosing; and 
to engage in other concerted activities for the purpose of collective bargaining or other 
mutual aid or protection.  Agricultural employees also have the right to refrain from such 
activities except to the extent that this right may be affected by an agreement requiring 
membership in a labor organization as a condition of employment as authorized in section 
1324, subsection 1, paragraph B, including not joining a union, labor organization or 
bargaining agent and not paying any union dues or fees. 
Sec. 13.  26 MRSA §1324, sub-§1, ¶B, as enacted by PL 1997, c. 472, §1, is 
amended to read: 
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.  This chapter, or any other provision of law, may not preclude an 
agricultural employer from making an agreement with a labor organization not 
established, maintained or assisted by any action defined in this section as a 
prohibited practice to require as a condition of employment membership in that labor 
organization on or after the 5th day following the beginning of employment or the 
effective date of the agreement, whichever is later, if the labor organization is the 
representative of the agricultural employees as provided in section 1327 in the 
appropriate collective-bargaining unit covered by the agreement; 
Sec. 14.  26 MRSA §1324, sub-§1, ¶F, as enacted by PL 1997, c. 472, §1, is 
amended to read: 
F.  Locking out their employees; and 
Sec. 15.  26 MRSA §1324, sub-§1, ¶G, as enacted by PL 1997, c. 472, §1, is 
amended to read: 
G.  Blacklisting any employee organization or its members for the purpose of 
denying employment.; 
Sec. 16.  26 MRSA §1324, sub-§1, ¶H is enacted to read: 
H.  Requiring an agricultural employee to join, support or pay any type of union dues 
or fees of any type to any union, employee association or bargaining agent; and 
Sec. 17.  26 MRSA §1324, sub-§1, ¶I is enacted to read: 
I.  Terminating or disciplining an agricultural employee for not paying any union 
dues or fees of any type. 
SUMMARY 
This bill guarantees workers free choice in deciding whether to join or refrain from 
joining labor unions.  It prohibits employers from deducting fees from nonunion 
employees.