An Act To Expand the Rights of Public Employees under the Maine Labor Laws
Maine Legislature, Session 128, LD 1348
Committee: Labor, Commerce, Research and Economic Development
Sponsors: SYLVESTER, BATES, BLUME, COLLINGS, FECTEAU, GOLDEN, HAMANN, HANDY, RYKERSON
Amends: 26 MRSA §964, 26 MRSA §964-B, 26 MRSA §979-C, 26 MRSA §979-T, 26 MRSA §1027, 26 MRSA §1027-A, 26 MRSA §1284, 26 MRSA §1284-B

Legislative Document
No. 1348
H.P. 938
House of Representatives, April 6, 2017
An Act To Expand the Rights of Public Employees under the Maine 
Labor Laws
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SYLVESTER of Portland.
Cosponsored by Representatives: BATES of Westbrook, BLUME of York, COLLINGS of 
Portland, FECTEAU of Biddeford, GOLDEN of Lewiston, HAMANN of South Portland, 
HANDY of Lewiston, RYKERSON of Kittery.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  26 MRSA §964, sub-§2, as enacted by PL 1969, c. 424, §1, is amended to 
read: 
2.  Public employee prohibitions.  Public Except as provided under section 964-B, 
public employees, public employee organizations, their agents, members and bargaining 
agents are prohibited from: 
A.  Interfering with, restraining or coercing employees in the exercise of the rights 
guaranteed in section 963 or a public employer in the selection of his the public 
employer's representative for purposes of collective bargaining or the adjustment of 
grievances; 
B.  Refusing to bargain collectively with a public employer as required by section 
965; or 
C.  Engaging in: 
(1)  A work stoppage;  
(2)  A slowdown;  
(3)  A strike; or  
(4)  The blacklisting of any public employer for the purpose of preventing it the 
public employer from filling employee vacancies. 
Sec. 2.  26 MRSA §964-B is enacted to read: 
§964-B.  Authorized strikes 
1.  Authorization to engage in a strike. A public employee, public employee 
organization or agent or member or a bargaining agent of a public employee or public 
employee organization may engage in a strike or a public employee organization may 
authorize a strike of the members of the organization pursuant to the following 
procedures: 
A.  The membership of a public employee organization or unit of a public employee 
organization that is affected by the issue for which the strike is called must conduct a 
vote of a majority of members; 
B.  Upon an affirmative vote in paragraph A, the public employee organization or 
unit of the public employee organization shall deliver to the public employer of the 
employees voting to strike or the employer's agent a notice of the intent to strike, 
which must begin on or after 10 days from the date of the notice, and state the date 
upon which the strike will begin and the date upon which the strike will end; and 
C.  The public employee organization or unit of the public employee organization 
sending notice of a strike or public employer receiving notice of a strike under 
paragraph B may call for emergency bargaining within 3 days of the date upon which 
the strike is intended to start. 
Sec. 3.  26 MRSA §979-C, sub-§2, as amended by PL 1997, c. 741, §5 and 
affected by §12, is further amended to read: 
2.  State and legislative employee prohibitions.  State Except as provided under 
section 979-T, state and legislative employees, employee organizations, their agents, 
members and bargaining agents are prohibited from: 
A.  Interfering with, restraining or coercing employees in the exercise of the rights 
guaranteed in section 979-B or the public employer in the selection of its the public 
employer's representative for purposes of collective bargaining or the adjustment of 
grievances; 
B.  Refusing to bargain collectively with the public employer as required by section 
979-D; or 
C.  Engaging in: 
(1)  A work stoppage; 
(2)  A slowdown; 
(3)  A strike; or 
(4)  The blacklisting of the public employer for the purpose of preventing it the 
public employer from filling employee vacancies. 
Sec. 4.  26 MRSA §979-T is enacted to read: 
§979-T.  Authorized strikes 
1.  Authorization to engage in a strike.  A state or legislative employee, state or 
legislative employee organization or agent or member or a bargaining agent of a state or 
legislative employee or state or legislative employee organization may engage in a strike 
or a state or legislative employee organization may authorize a strike of the members of 
the organization pursuant to the following procedures: 
A.  The membership of a state or legislative employee organization or unit of a state 
or legislative employee organization that is affected by the issue for which the strike 
is called must conduct a vote of a majority of members; 
B.  Upon an affirmative vote in paragraph A, the state or legislative employee 
organization or unit of the state or legislative employee organization shall deliver to 
the state or legislative employer of the employees voting to strike in paragraph A or 
the employer's agent a notice of the intent to strike, which must begin on or after 10 
days from the date of the notice, and state the date upon which the strike will begin 
and the date upon which the strike will end; and 
C.  The state or legislative employee organization or unit of the state or legislative 
employee organization sending notice of a strike or state or legislative employer 
receiving notice of a strike under paragraph B may call for emergency bargaining 
within 3 days of the date upon which the strike is intended to start. 
Sec. 5.  26 MRSA §1027, sub-§2, as amended by PL 1989, c. 443, §72 and PL 
2003, c. 20, Pt. OO, §2 and affected by §4, is further amended to read: 
2.  University, academy, community colleges; prohibitions.  University Except as 
provided under section 1027-A, university employees, university employee organizations, 
their agents, members and bargaining agents; academy employees, academy employee 
organizations, their agents, members and bargaining agents; and community college 
employees, community college employee organizations, their agents, members and 
bargaining agents are prohibited from: 
A.  Interfering with, restraining or coercing employees in the exercise of the rights 
guaranteed in section 1023 or the university, academy and community colleges in the 
selection of their representatives for the purposes of collective bargaining or the 
adjustment of grievances; 
B.  Refusing to bargain collectively with the university, academy and community 
colleges as required by section 1026; and or 
C.  Engaging in: 
(1)  A work stoppage, slowdown or strike; and 
(2)  The blacklisting of the university, academy or community colleges for the 
purpose of preventing them from filling employee vacancies. 
Sec. 6.  26 MRSA §1027-A is enacted to read: 
§1027-A.  Authorized strikes 
1.  Authorization to engage in a strike.  A university, academy or community 
college employee; university, academy or community college employee organization or 
agent or member; or a bargaining agent of a university, academy or community college 
employee or of a university, academy or community college employee organization may 
engage in a strike or a university, academy or community college employee organization 
may authorize a strike of the members of the organization pursuant to the following 
procedures: 
A.  The membership of a university, academy or community college employee 
organization or unit of a university, academy or community college employee 
organization that is affected by the issue for which the strike is called must conduct a 
vote of a majority of members; 
B.  Upon an affirmative vote in paragraph A, the university, academy or community 
college employee organization or unit of the university, academy or community 
college employee organization shall deliver to the university, academy or community 
college employer of the employees voting to strike in paragraph A or the employer's 
agent a notice of the intent to strike, which must begin on or after 10 days from the 
date of the notice, and state the date upon which the strike will begin and the date 
upon which the strike will end; and 
C.  The university, academy or community college employee organization or unit of 
the university, academy or community college employee organization sending notice 
of a strike or university, academy or community college employer receiving notice of 
a strike under paragraph B may call for emergency bargaining within 3 days of the 
date upon which the strike is intended to start. 
Sec. 7.  26 MRSA §1284, sub-§2, as enacted by PL 1983, c. 702, is amended to 
read: 
2.  Judicial employee prohibitions.  Judicial Except as provided under section 
1284-B, judicial employees, judicial employee organizations, their agents, members and 
bargaining agents are prohibited from:  
A.  Interfering with, restraining or coercing employees in the exercise of the rights 
guaranteed in section 1283 or the public employer in the selection of its 
representative for purposes of collective bargaining or the adjustment of grievances; 
B.  Refusing to bargain collectively with the public employer, as required by section 
1285; or 
C.  Engaging in:  
(1)  A work stoppage;  
(2)  A slowdown;  
(3)  A strike; or  
(4)  The blacklisting of the public employer for the purpose of preventing it the 
public employer from filling employee vacancies. 
Sec. 8.  26 MRSA §1284-B is enacted to read: 
§1284-B.  Authorized strikes 
1.  Authorization to engage in a strike.  A judicial employee, judicial employee 
organization or agent or member or a bargaining agent of a judicial employee or judicial 
employee organization may engage in a strike pursuant to the following procedures: 
A.  The membership of a judicial employee organization or unit of a judicial 
employee organization that is affected by the issue for which the strike is called must 
conduct a vote of a majority of members; 
B.  Upon an affirmative vote in paragraph A, the judicial employee organization or 
unit of the judicial employee organization shall deliver to the judicial employer of the 
employees voting to strike in paragraph A or the employer's agent a notice of the 
intent to strike, which must begin on or after 10 days from the date of the notice, and 
state the date upon which the strike will begin and the date upon which the strike will 
end; and 
C.  The judicial employee organization or unit of the judicial employee organization 
sending notice of a strike or judicial employer receiving notice of a strike under 
paragraph B may call for emergency bargaining within 3 days of the date upon which 
the strike is intended to start. 
SUMMARY 
This bill allows public employees, including municipal and county employees, state 
and legislative employees, university, academy and community college employees and 
judicial employees, to strike pursuant to the official procedures of the employees' 
employee organization or under a process in which an affirmative vote to strike is held.  
The bill requires that notice be given to the public employer stating the dates upon which 
the strike will begin and end.  The bill also provides that the employee organization or 
public employer may call for emergency bargaining within 3 days of the start of the 
strike.