An Act To Ensure the Right To Work without Payment of Dues or Fees to a Labor Union as a Condition of Employment
Maine Legislature, Session 127, LD 0489
Committee: Labor, Commerce, Research and Economic Development
Sponsors: LOCKMAN, BRAKEY, O'CONNOR, REED, SAWICKI, SIROCKI, STETKIS, WARD, BURNS, WILLETTE
Amends: 26 MRSA §963, 26 MRSA §1023, 26 MRSA §1283

Legislative Document 
No. 489 
H.P. 328 
House of Representatives, February 24, 2015 
An Act To Ensure the Right To Work without Payment of Dues or 
Fees to a Labor Union as a Condition of Employment 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative LOCKMAN of Amherst. 
Cosponsored by Senator BRAKEY of Androscoggin and 
Representatives: O'CONNOR of Berwick, REED of Carmel, SAWICKI of Auburn, SIROCKI 
of Scarborough, STETKIS of Canaan, WARD of Dedham, Senators: BURNS of Washington, 
WILLETTE of Aroostook. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  26 MRSA §963, sub-§2, as enacted by PL 2007, c. 415, §2, is amended to 
read: 
2.  Not join a union and not pay union dues.  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 refrain from paying any dues, fees, assessments or other similar charges, 
however denominated, of any kind or amount to a labor organization or to a 3rd party or 
charity in lieu of payment to a labor organization. 
Sec. 2.  26 MRSA §1023, sub-§2, as enacted by PL 2007, c. 415, §10, is amended 
to read: 
2.  Not join a union and not pay union dues.  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 refrain from paying any dues, fees, assessments or other similar charges, 
however denominated, of any kind or amount to a labor organization or to a 3rd party or 
charity in lieu of payment to a labor organization. 
Sec. 3.  26 MRSA §1283, sub-§2, as enacted by PL 2007, c. 415, §15, is amended 
to read: 
2.  Not join a union and not pay union dues.  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 refrain from paying any dues, fees, assessments or other similar charges, 
however denominated, of any kind or amount to a labor organization or to a 3rd party or 
charity in lieu of payment to a labor organization. 
Sec. 4.  26 MRSA c. 43 is enacted to read: 
CHAPTER 43 
RIGHT TO REFRAIN FROM JOINING A UNION 
§3501.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Employer.  "Employer" means a person, firm, association, corporation, public 
employer, public school employer, public college, public university, public institution or 
public education agency. 
2.  Labor organization.  "Labor organization" means an organization, agency or 
employee representation committee or union that exists for the purpose, in whole or in 
part, of negotiating or bargaining with employers on behalf of employees concerning 
wages, rates of pay, hours of work, other conditions of employment or other forms of 
compensation. 
§3502.  Right to refrain 
Notwithstanding any law to the contrary, a person may not be required, as a condition 
of employment or continuation of employment, to: 
1.  Member.  Become or remain a member of a labor organization; 
2.  Dues.  Pay any dues, fees, assessments or other similar charges, however 
denominated, of any kind or amount to a labor organization; or 
3.  Payment to 3rd party.  Pay to a charity or other 3rd party, in lieu of payments 
specified in 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. 
§3503.  Agreements in violation 
An agreement, understanding or practice, written or oral, implied or expressed, 
between a labor organization and an employer that violates a provision of this chapter is 
unlawful, void and of no legal effect. 
§3504.  Penalty 
A person who directly or indirectly violates any provision of this chapter commits a 
Class D crime. 
§3505.  Injunctive relief 
A person injured as a result of another person's violation or threatened violation of a 
provision of this chapter is entitled to injunctive relief against the person violating or 
threatening to violate this chapter. 
§3506.  Damages 
A person injured as a result of a violation or threatened violation of a provision of 
this chapter may recover all damages, including court costs and reasonable attorney's 
fees, resulting from the violation or threatened violation. A recovery of damages under 
this section is independent of and in addition to the penalty provided in section 3504. 
§3507.  Duty to investigate and enforce 
The Attorney General shall investigate complaints of a violation or threatened 
violation of this chapter and shall prosecute any person violating any of its provisions. 
The Attorney General shall use all means available to ensure effective enforcement of 
this chapter. 
§3508.  Jurisdiction 
The Superior Court has jurisdiction to hear and decide prosecutions of all offenses 
under this chapter. 
§3509.  Exceptions 
This chapter does not apply to the following: 
1.  Federal Railway Labor Act.  Employers and employees covered by the federal 
Railway Labor Act, 45 United States Code, Chapter 8; 
2.  Federal employers and employees.  Federal employers and employees; 
3.  Federal enclaves.  Employers and employees on federal enclaves; 
4.  Federal preemption or conflict.  Federal law when the provisions of this chapter 
conflict with or are otherwise preempted by that federal law; or 
5.  Existing contract.  An employment contract entered into before the effective date 
of this chapter during the term of that contract. 
§3510.  Application 
This chapter applies to a contract entered into, renewed or extended on or after the 
effective date of this chapter. 
SUMMARY 
This bill prohibits a person, including a public employee, an employee of the 
University of Maine System, the Maine Maritime Academy or the Maine Community 
College System and an employee of the judicial branch, from being required to join a 
labor organization or pay any labor organization dues or fees as a condition of 
employment or continuation of employment, notwithstanding any state law to the 
contrary.  A violation is a Class D crime and is also subject to civil damages and 
injunctive relief.  The Attorney General is responsible for enforcement and is required to 
prosecute all violations.