An Act To Ensure the Voluntary Membership of Public Employees in Unions
Maine Legislature, Session 126, LD 0786
Committee: Labor, Commerce, Research and Economic Development
Sponsors: LOCKMAN, CUSHING, CHASE, CRAFTS, HAYES, KESCHL, PARRY, REED, VOLK, WINCHENBACH
Amends: 20-A MRSA §1464, 20-A MRSA §1464-A, 26 MRSA §962, 26 MRSA §966, 26 MRSA §967, 26 MRSA §968, 26 MRSA §979-A, 26 MRSA §979-E, 26 MRSA §979-F, 26 MRSA §979-G, 26 MRSA §1022, 26 MRSA §1024-A, 26 MRSA §1025, 26 MRSA §1027, 26 MRSA §1028

Legislative Document 
No. 786 
H.P. 537 
House of Representatives, February 28, 2013 
An Act To Ensure the Voluntary Membership of Public Employees 
in Unions 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative LOCKMAN of Amherst. 
Cosponsored by Senator CUSHING of Penobscot and 
Representatives: CHASE of Wells, CRAFTS of Lisbon, HAYES of Buckfield, KESCHL of 
Belgrade, PARRY of Arundel, REED of Carmel, VOLK of Scarborough, WINCHENBACH of 
Waldoboro. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §1464, sub-§2, ¶H, as amended by PL 2009, c. 580, §6, is 
further amended to read: 
H.  When bargaining units with different bargaining agents must be merged into a 
single regional school unit-wide bargaining unit pursuant to this section, the 
bargaining agent of the merged bargaining unit must be selected in accordance with 
Title 26, section 967 except as modified in this section. 
(1)  A petition for an election to determine the bargaining agent must be filed 
with the Maine Labor Relations Board by any of the current bargaining agents or 
the regional school unit. 
(2)  The petition must be filed not more than 90 days prior to the first August 31st 
occurring after the 3rd anniversary date of the operational date of the regional 
school unit established pursuant to section 1463, subsection 1. 
(3)  The election ballot may contain only the names of the bargaining agents of 
bargaining units that will be merged into the regional school unit-wide bargaining 
unit and the choice of "no representative," but no other choices. No showing of 
interest is required from any such bargaining agent other than its current status as 
representative. 
(4)  The obligation to bargain with existing bargaining agents continues from the 
operational date established pursuant to section 1463, subsection 1 until the 
determination of the bargaining agent of the regional school unit-wide bargaining 
unit under this section; but in no event may any collective bargaining agreement 
that is executed after the operational date extend beyond the first August 31st 
occurring after the 3rd anniversary date of the operational date of the regional 
school unit. 
(5)  The Maine Labor Relations Board shall expedite to the extent practicable all 
petitions for determination of the bargaining agent in the regional school unit-
wide bargaining unit filed pursuant to this section. 
(6)  The bargaining units must be merged into a regional school unit-wide 
bargaining unit as of the date of certification of the results of the election by the 
Maine Labor Relations Board or the expiration of the collective bargaining 
agreements in the unit, whichever occurs later. 
(7) Until the first August 31st occurring after the 3rd anniversary date of the 
operational date of the regional school unit, existing bargaining agents shall 
continue to represent the bargaining units that they represented on the day prior 
to the operational date of the regional school unit.  If necessary, each bargaining 
agent and the regional school unit must negotiate an interim collective bargaining 
agreement to expire on the first August 31st occurring after the 3rd anniversary 
date of the operational date of the regional school unit. 
(8)  When there are 2 or more bargaining units in which there are employees who 
are represented either by the same bargaining agent or by separate local affiliates 
of the same state labor organization that will be merged into a regional school 
unit-wide bargaining unit with one or more other bargaining units pursuant to the 
election procedures described in this paragraph, the bargaining units that are 
represented either by the same bargaining agent or by separate local affiliates of 
the same state labor organization must merge as of the operational date. The 
procedures for merger of separate local affiliates of the same state labor 
organization described in paragraph E must be followed if applicable. 
Sec. 2.  20-A MRSA §1464-A, sub-§2, ¶F, as enacted by PL 2009, c. 580, §8, is 
amended to read: 
F.  When bargaining units with different bargaining agents must be merged into a 
single alternative organizational structure-wide bargaining unit pursuant to this 
section, the bargaining agent of the merged bargaining unit must be selected in 
accordance with Title 26, section 967 except as modified in this section. 
(1)  A petition for an election to determine the bargaining agent must be filed 
with the Maine Labor Relations Board by any of the current bargaining agents or 
the alternative organizational structure. 
(2)  The petition must be filed not more than 90 days prior to the first August 31st 
occurring after either the 3rd anniversary date of the operational date of the 
alternative organizational structure or the date on which positions are transferred 
from member school units to the alternative organizational structure, whichever 
is later. 
(3)  The election ballot may contain only the names of the bargaining agents of 
bargaining units that will be merged into the alternative organizational structure-
wide bargaining unit and the choice of "no representative," but no other choices. 
A showing of interest is not required from any such bargaining agent other than 
its current status as representative. 
(4)  The obligation to bargain with existing bargaining agents continues from the 
operational date of the alternative organizational structure or the date on which 
positions are transferred from member school units to the alternative 
organizational structure, whichever is later, until the determination of the 
bargaining agent of the alternative organizational structure-wide bargaining unit 
under this section; but in no event may any collective bargaining agreement that 
is executed after the operational date extend beyond the first August 31st 
occurring after either the 3rd anniversary date of the operational date of the 
alternative organizational structure or the date on which positions are transferred 
from member school units to the alternative organizational structure, whichever 
is later. 
(5)  The Maine Labor Relations Board shall expedite to the extent practicable all 
petitions for determination of the bargaining agent in the alternative 
organizational structure filed pursuant to this section. 
(6)  The bargaining units must be merged into an alternative organizational 
structure-wide bargaining unit as of the date of certification of the results of the 
election by the Maine Labor Relations Board or the expiration of the collective 
bargaining agreements in the unit, whichever occurs later. 
(7)  Until the first August 31st occurring after either the 3rd anniversary date of 
the operational date of the alternative organizational structure or the date on 
which positions are transferred from member school units to the alternative 
organizational structure, whichever is later, existing bargaining agents shall 
continue to represent the bargaining units that they represented on the day prior 
to the operational date of the alternative organizational structure. If necessary, 
each bargaining agent and the alternative organizational structure must negotiate 
interim collective bargaining agreements to expire the first August 31st occurring 
after either the 3rd anniversary date of the operational date of the alternative 
organizational structure or the date on which positions are transferred from 
member school units to the alternative organizational structure, whichever is 
later. 
(8)  When there are 2 or more bargaining units in which there are employees who 
are represented either by the same bargaining agent or by separate local affiliates 
of the same state labor organization that will be merged into an alternative 
organizational structure-wide bargaining unit with one or more other bargaining 
units pursuant to the election procedures described in this paragraph, the 
bargaining units that are represented either by the same bargaining agent or by 
separate local affiliates of the same state labor organization must merge as of the 
operational date.  The procedures for merger of separate local affiliates of the 
same state labor organization described in paragraph D must be followed if 
applicable. 
Sec. 3.  26 MRSA §962, sub-§2, as amended by PL 1973, c. 458, §1, is further 
amended to read: 
2.  Bargaining agent.  "Bargaining agent" means any lawful organization, 
association or individual representative of such an organization or association which that 
has as its primary purpose the representation of employees in their employment relations 
with employers, and which has been determined by the public employer or by the 
executive director of the board to be the choice of the majority of the unit as their 
representative. 
Sec. 4.  26 MRSA §966, sub-§3, as enacted by PL 1975, c. 697, §2, is amended to 
read: 
3.  Unit clarification.  Where there is a certified or currently recognized bargaining 
representative and where When the circumstances surrounding the formation of an 
existing bargaining unit are alleged to have changed sufficiently to warrant modification 
in the composition of that bargaining unit, any public employer or any recognized or 
certified bargaining agent may file a petition for a unit clarification provided that if the 
parties are unable to agree on appropriate modifications and there is no question 
concerning representation. 
Sec. 5.  26 MRSA §966, sub-§4, as amended by PL 1993, c. 38, §1, is further 
amended to read: 
4.  Unit merger; same bargaining agent.  If there is the same certified or currently 
recognized bargaining representative of public employees in are multiple bargaining units 
with the same public employer, the public employer or certified or recognized bargaining 
representative may file a petition with the executive director to merge those bargaining 
units.  Upon the finding of the executive director or the director's designee that the 
expanded unit would conform with the requirements set forth in this subsection, the 
executive director shall order an election within each bargaining unit to determine 
whether a majority of the employees voting in each bargaining unit wish to be within the 
expanded unit.  The only question on the ballot in a merger election is approval or 
disapproval of the proposed merger.  The executive director or the director's designee 
shall certify the bargaining agent for an expanded unit consisting of any bargaining units 
in which a majority of the employees voting approved the merger. 
A.  After an expanded unit is certified, the The parties shall then bargain over 
modifications needed in order to provide for the wages, hours and working conditions 
or contract grievance arbitration for the newly included positions in any existing 
collective bargaining agreement or any collective bargaining agreement being 
negotiated. 
When there is an unexpired collective bargaining agreement in the merged bargaining 
unit with a different expiration date from any other collective bargaining agreement 
in the merged bargaining unit, all contracts must be honored to their expiration dates 
unless mutually agreed to otherwise by the public employer and the bargaining agent.  
Collective bargaining agreements may be bargained on an interim basis in any 
merged bargaining unit so that all collective bargaining agreements expire on the 
same date. 
B.  If a petition has been filed by a competing organization for decertification of the 
current bargaining agent for any of the bargaining units subject to the merger, then 
the decertification petition takes precedence over a petition to merge bargaining units. 
C.  A public employer or certified or recognized bargaining representative may not 
file more than once a year with the executive director to merge or combine 
bargaining units for the same bargaining unit. 
D.  The executive director or the director's designee conducting unit merger 
proceedings may administer oaths and may require by subpoena the attendance and 
testimony of witnesses, the production of books, records and other evidence relating 
to the issues presented to the executive director or the director's designee. 
E.  A bargaining unit composed of a majority of supervisors may not merge under 
this subsection with any other bargaining unit. 
F.  A bargaining unit composed of teachers may not merge under this subsection with 
a bargaining unit of nonprofessional employees. 
Sec. 6.  26 MRSA §967, as amended by PL 1991, c. 622, Pt. O, §7, is repealed. 
Sec. 7.  26 MRSA §968, sub-§4, as amended by PL 1993, c. 90, §1, is further 
amended to read: 
4.  Review of representative proceedings.  Any party aggrieved by any ruling or 
determination of the executive director, or the executive director's designee, under 
sections section 966 and 967 may appeal, within 15 days of the announcement of the 
ruling or determination, except that in the instance of objections to the conduct of an 
election or challenged ballots the time period is 5 working days, to the Maine Labor 
Relations Board.  
Upon receipt of such an appeal, the board shall within a reasonable time hold a hearing 
having first caused 7 days notice in writing of the time and place of the hearing to be 
given to the aggrieved party, the labor organizations organization or bargaining agent and 
the public employer.  These hearings must be conducted in the manner provided in 
subsection 5, paragraph B. Within a reasonable time after the conclusion of any hearing 
the board shall make a written decision that must include findings of fact and either 
affirm or modify the ruling or determination of the executive director and specify the 
reasons for that action. A copy of that decision must be mailed to the labor organization 
or bargaining agent or its attorney or other designated representative and the public 
employer.  Decisions of the board made pursuant to this subsection are subject to review 
by the Superior Court under the Maine Rules of Civil Procedure, Rule 80C, in accordance 
with the standards specified in section 972, provided if the complaint is filed within 15 
days of the date of issuance of the decision.  The complaint must be served upon the 
board and all parties to the board proceeding by certified mail, return receipt requested. 
Sec. 8.  26 MRSA §979-A, sub-§1, as enacted by PL 1973, c. 774, is amended to 
read: 
1.  Bargaining agent.  "Bargaining agent" means any lawful organization, 
association or individual representative of such an organization or association which that 
has as its primary purpose the representation of employees in their employment relations 
with employers, and which has been determined by the public employer as defined in 
subsection 5 or by the executive director of the board to be the choice of the majority of 
the unit as their representative. 
Sec. 9.  26 MRSA §979-E, sub-§3, as enacted by PL 1975, c. 697, §9, is amended 
to read: 
3.  Unit clarification.  Where there is a certified or currently recognized bargaining 
representative and where When the circumstances surrounding the formation of an 
existing bargaining unit are alleged to have changed sufficiently to warrant modification 
in the composition of that bargaining unit, any public employer or any recognized or 
certified bargaining agent may file a petition for a unit clarification, provided that if the 
parties are unable to agree on appropriate modifications and there is no question 
concerning representation. 
Sec. 10.  26 MRSA §979-F, as amended by PL 1981, c. 277, is repealed. 
Sec. 11.  26 MRSA §979-G, sub-§2, as amended by PL 1993, c. 90, §4, is further 
amended to read: 
2.  Review of representation proceedings.  Any person aggrieved by any ruling or 
determination of the executive director under sections section 979-E and 979-F may 
appeal, within 15 days of the announcement of the ruling or determination, except that in 
the instance of objections to the conduct of an election or challenged ballots the time 
period is 5 working days, to the Maine Labor Relations Board. Upon receipt of such an 
appeal, the board shall, within a reasonable time, hold a hearing, having first caused 7 
days' notice in writing of the time and place of such hearing to be given to the aggrieved 
party, the labor organizations organization or bargaining agent and the public employer. 
The hearings and the procedures established in furtherance thereof must be in accordance 
with section 968. Decisions of the board made pursuant to this subsection are subject to 
review by the Superior Court under the Maine Rules of Civil Procedure, Rule 80C, in 
accordance with the standards specified in section 972, if the complaint is filed within 15 
days of the date of issuance of the decision.  The complaint must be served upon the 
board and all parties to the board proceeding by certified mail, return receipt requested. 
Sec. 12.  26 MRSA §1022, sub-§1-B, as enacted by PL 1975, c. 671, §3, is 
amended to read: 
1-B.  Bargaining agent. "Bargaining agent" means any lawful organization, 
association or individual representative of such an organization or association, which that 
has as one of its primary purposes the representation of employees in their employment 
relations with employers and which has been certified by the Executive Director of the 
Maine Labor Relations Board. 
Sec. 13.  26 MRSA §1024-A, sub-§7, as enacted by PL 1979, c. 541, Pt. B, §31, 
is amended to read: 
7.  Unit clarification.  Where there is a certified or currently recognized bargaining 
representative and where When the circumstances surrounding the formation of an 
existing bargaining unit are alleged to have changed sufficiently to warrant modification 
in the composition of that bargaining unit, any public employer or any recognized or 
certified bargaining agent may file a petition for a unit clarification, provided that if the 
parties are unable to agree on appropriate modifications and there is no question 
concerning representation. 
Sec. 14.  26 MRSA §1025, as amended by PL 2003, c. 20, Pt. OO, §2 and affected 
by §4, is repealed. 
Sec. 15.  26 MRSA §1027, sub-§3, as enacted by PL 1975, c. 603, §1, is repealed. 
Sec. 16.  26 MRSA §1028, sub-§2, as amended by PL 2007, c. 695, Pt. C, §17, is 
further amended to read: 
2.  Review of representation proceedings.  Any person aggrieved by any ruling or 
determination of the executive director under sections section 1024-A and 1025 may 
appeal, within 15 days of the announcement of the ruling or determination, except that in 
the instance of objections to the conduct of an election or challenged ballots the time 
period is 5 working days, to the Maine Labor Relations Board. Upon receipt of such an 
appeal, the board shall within a reasonable time hold a hearing, having first caused 7 
days' notice, in writing, of the time and place of the hearings to be given to the aggrieved 
party, the labor organizations organization or bargaining agent and the public employer. 
The hearings and the procedures established in furtherance thereof must be in accordance 
with section 968. Decisions of the board made pursuant to this subsection are subject to 
review by the Superior Court under the Maine Rules of Civil Procedure, Rule 80C, in 
accordance with the standards specified in section 972, if the complaint is filed within 15 
days of the date of issuance of the decision.  The complaint must be served upon the 
board and all parties to the board proceeding by certified mail, return receipt requested. 
Sec. 17.  26 MRSA c. 12-A is enacted to read: 
CHAPTER 12-A 
REPRESENTATION OF PUBLIC SECTOR LABOR CONTRACTS 
§1039.  Policy of State 
It is the public policy of this State that any contract or agreement entered into 
between the State or any subdivision of the State, including, but not limited to, any 
county, city, town, municipality or independent district, and a labor organization, under 
the terms of which contract or agreement the labor organization is empowered, or 
purports to be empowered, to represent any public employee who is not a voluntary 
member of that labor organization is unlawful and is declared void. 
§1040.  Annual determination of bargaining agent 
Notwithstanding any law to the contrary, a public employee bargaining unit formed 
pursuant to this Title annually shall hold an election to determine or certify the bargaining 
agent for that unit. 
Sec. 18.  Application.  This Act does not affect the validity of any lawful contract 
or agreement in existence on the effective date of this Act but does apply to any extension 
or renewal of such a contract or agreement. 
SUMMARY 
This bill amends the State's labor laws to ensure that each public sector union 
represents only those public employees who voluntarily are members of that union. 
This bill also requires a public employee union annually to determine or certify the 
bargaining agent for that union.