An Act To Protect the Rights of Public Employees To Determine Their Collective Bargaining Agent
Maine Legislature, Session 128, LD 1553
Committee: Labor, Commerce, Research and Economic Development
Sponsors: CUSHING, WARD, MASON, THIBODEAU, VOLK, WHITTEMORE, ESPLING, FREDETTE, SIROCKI, WINSOR
Amends: 26 MRSA §967, 26 MRSA §968, 26 MRSA §979-F, 26 MRSA §1287

Legislative Document
No. 1553
S.P. 544
In Senate, April 27, 2017
An Act To Protect the Rights of Public Employees To Determine 
Their Collective Bargaining Agent
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator CUSHING of Penobscot.
Cosponsored by Representative WARD of Dedham and
Senators: MASON of Androscoggin, President THIBODEAU of Waldo, VOLK of 
Cumberland, WHITTEMORE of Somerset, Representatives: ESPLING of New Gloucester, 
FREDETTE of Newport, SIROCKI of Scarborough, WINSOR of Norway.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  26 MRSA §967, as amended by PL 1991, c. 622, Pt. O, §7, is further 
amended to read: 
§967.  Determination of bargaining agent 
1.  Voluntary recognition.  Any public employee organization may file a request 
with a public employer alleging that a majority of the public employees in an appropriate 
bargaining unit wish to be represented for the purpose of collective bargaining between 
the public employer and the employees' organization. Such a request shall must describe 
the grouping of jobs or positions which that constitute the unit claimed to be appropriate 
and shall must include a demonstration of majority support. Such a request for 
recognition shall must be granted by the public employer, unless the public employer 
desires that an election determine whether the organization represents a majority of the 
members in the bargaining unit. 
2.  Elections.  The executive director of the board, or a designee, upon the signed 
request of a public employer alleging that one or more public employees or public 
employee organizations have presented to it a claim to be recognized as the representative 
of a bargaining unit of public employees, or upon the signed petition of at least 30% of a 
bargaining unit of public employees that they desire to be represented by an organization 
or pursuant to a bargaining agent recertification required by subsection 3, shall conduct a 
secret ballot election to determine whether the organization represents a majority of the 
members in the bargaining unit.  Such an election may be conducted at suitable work 
locations or through the United States mail, and the procedures adopted and employed 
must ensure that neither the employee organizations or nor the management 
representatives involved in the election have access to information that would identify a 
voter.  Employees must be permitted to cast a ballot for a period of 7 days from the 
commencement of the election. 
The ballot shall must contain the name of such the organization and that of any other 
organization showing written proof of at least 10% representation of the public 
employees within the unit, together with a choice for any public employee to designate 
that he the employee does not desire to be represented by any bargaining agent.  Where If 
more than one organization is on the ballot and no one of the 3 or more choices receives a 
majority vote of the public employees voting, a run-off election shall must be held.  The 
run-off ballot shall must contain the 2 choices which that received the largest and second-
largest number of votes. When an organization receives the majority of votes of those 
voting, the executive director of the board shall certify it as the bargaining agent.  The 
bargaining agent certified as representing a bargaining unit shall must be recognized by 
the public employer as the sole and exclusive bargaining agent for all of the employees in 
the bargaining unit unless and until a decertification election by secret ballot shall be is 
held and the bargaining agent declared by the executive director of the board as not 
representing a majority of the unit. 
Whenever 30% of the employees in a certified bargaining unit petition for a bargaining 
agent to be decertified, the procedures for conducting an election on the question shall be 
are the same as for representation as bargaining agent hereinbefore set forth. 
3.  Recertification.  The executive director of the board or the director's designee 
shall periodically direct a secret ballot election to certify that a majority of the employees 
in a certified bargaining unit desire to be represented by the unit's currently certified 
bargaining agent.  The recertification election must be conducted in accordance with 
subsection 2, except that a majority vote for purposes of a recertification election is a 
majority of all employees in the bargaining unit. 
If the bargaining agent is not recertified by a majority vote of all employees in the 
bargaining unit, the executive director or the director's designee shall decertify the 
bargaining agent and the bargaining unit will not be represented by that bargaining agent.  
If the bargaining agent is decertified in accordance with this subsection, the terms of any 
collective bargaining agreement that are in effect between the bargaining unit represented 
by that bargaining agent and the employer remain in effect except as to dues, service fees, 
grievances, arbitration and any other provisions regarding the bargaining agent.  The 
employees in a bargaining unit that has failed to recertify its bargaining agent pursuant to 
this subsection may certify a new bargaining agent pursuant to this section, except that, 
for a period of at least one year, the employees may not certify a new bargaining agent 
that is substantially similar to or affiliated with the previous bargaining agent. 
The executive director or the director's designee shall commence recertification elections 
not less than 2 years and not more than 3 years after the effective date of this subsection 
and shall then subsequently commence recertification elections every even-numbered 
year.  Recertification elections must be conducted no earlier than August 1st and no later 
than December 1st in any year in which they occur. 
No question concerning representation may be raised within one year of a 
certification or attempted certification.  Where When there is a valid collective bargaining 
agreement in effect, no question concerning unit or representation may be raised except 
during the period not more than 90 nor less than 60 days prior to the expiration date of the 
agreement.  No question concerning representation may be raised during this period 
except by the executive director or the director's designee in accordance with subsection 3 
or by a bargaining agent, employer, employee or group of employees when the 
bargaining unit has failed to recertify its bargaining agent pursuant to subsection 3. The 
not more than 90-day nor less than 60-day period prior to the expiration date of an 
agreement regarding unit determination and representation shall does not apply to matters 
of unit clarification. 
The bargaining agent certified by the executive director of the board as the exclusive 
bargaining agent shall be is required to represent all the public employees within the unit 
without regard to membership in the organization certified as bargaining agent, provided 
except that any public employee at any time may present his the employee's grievance to 
the public employer and have such the grievance adjusted without the intervention of the 
bargaining agent, if the adjustment is not inconsistent with the terms of a collective 
bargaining agreement then in effect and if the bargaining agent's representative has been 
given reasonable opportunity to be present at any meeting of the parties called for the 
resolution of such the grievance. 
Sec. 2.  26 MRSA §968, sub-§3, as amended by PL 1975, c. 564, §24, is further 
amended to read: 
3.  Rule-making power.  The board may, after a public hearing, from time to time, 
adopt such rules of procedure as it deems considers necessary for the orderly conduct of 
its business and for carrying out the purposes of this chapter.  These rules must include 
measures designed to preserve the integrity of recertification elections and the secrecy of 
the ballot, and must also include a determination of whether recertification elections may 
be conducted in person, by mail, by telephone, by Internet-based systems or by any other 
means determined to be fair, confidential and reliable.  These rules may also establish a 
fee schedule applicable to an organization under consideration for bargaining agent in a 
recertification election for the purpose of funding such elections.  Such rules shall must 
be published and made available to all interested parties.  The board shall also, upon its 
own initiative or upon request, issue interpretative rules interpreting the provisions of this 
chapter.  Such interpretative rules shall be are advisory only and shall are not be binding 
upon any court.  Such interpretative rules must be in writing and available to any person 
interested therein. 
Sec. 3.  26 MRSA §979-F, sub-§2, as amended by PL 1981, c. 277, is further 
amended to read: 
2.  Elections.  
A.  The executive director of the board or his the director's designee, upon signed 
request of a public employer alleging that one or more state employees or state 
employee organizations have presented to it a claim to be recognized as the 
representative of a bargaining unit of state employees, or upon signed petition of at 
least 30% of a bargaining unit of state employees that they desire to be represented by 
an organization or pursuant to a bargaining agent recertification required by 
paragraph F, shall conduct a secret ballot election to determine whether the 
organization represents a majority of the members of the bargaining unit. Such an 
election may be conducted at suitable work locations or through the United States 
mail provided, nevertheless, that the.  The procedures adopted and employed by the 
Maine Labor Relations Board shall must maintain the anonymity of the voter from 
both the employee organizations and the management representatives involved.  
Employees must be permitted to cast a ballot for a period of 7 days from the 
commencement of the election. 
B.  The ballot shall must contain the name of such organization and that of any other 
organization showing written proof of at least 10% representation of the state 
employees within the unit, together with a choice for any state employee to designate 
that he the employee does not desire to be represented by any bargaining agent. 
Where When more than one organization is on the ballot and no one of the 3 or more 
choices receives a majority vote of the state employees voting, a run-off election shall 
must be held. The run-off ballot shall must contain the 2 choices which that received 
the largest and 2nd largest number of votes. When an organization receives the 
majority of votes of those voting, the executive director of the board shall certify it as 
the bargaining agent. The bargaining agent certified as representing a bargaining unit 
shall must be recognized by the public employer as the sole and exclusive bargaining 
agent for all of the employees in the bargaining unit unless and until a decertification 
election by secret ballot shall be is held and the bargaining agent declared by the 
executive director of the board as not representing a majority of the unit. 
C.  Whenever 30% of the employees in a certified bargaining unit petition for a 
bargaining agent to be decertified, the procedures for conducting an election on the 
question shall be are the same as for representation as bargaining agent hereinbefore 
set forth. 
D.  No question concerning representation may be raised within one year of a 
certification or attempted certification. Where When there is a valid collective 
bargaining agreement in effect, no question concerning unit or representation may be 
raised except during the period not more than 90 nor less than 60 days prior to the 
expiration date of the agreement. Unit clarification proceedings are not subject to this 
time limitation and may be brought at any time consistent with section 979-E, 
subsection 3.  No question concerning representation may be raised during this period 
except by the executive director or the director's designee in accordance with 
paragraph F or by a bargaining agent, employer, employee or group of employees 
when the bargaining unit has failed to recertify its bargaining agent pursuant to 
paragraph F. 
E.  The bargaining agent certified by the executive director of the board or his the 
director's designee as the exclusive bargaining agent shall be is required to represent 
all the public employees within the unit without regard to membership in the 
organization certified as bargaining agent, provided except that any public employee 
at any time may present his the employee's grievance to the public employer and have 
such grievance adjusted without the intervention of the bargaining agent, if the 
adjustment is not inconsistent with the terms of a collective bargaining agreement 
then in effect and if the bargaining agent's representative has been given reasonable 
opportunity to be present at any meeting of the parties called for the resolution of 
such grievance. 
F.  The executive director of the board or the director's designee shall periodically 
direct a secret ballot election to certify that a majority of the employees in a certified 
bargaining unit desire to be represented by the unit's currently certified bargaining 
agent.  The recertification election must be conducted in accordance with this 
subsection, except that a majority vote for purposes of a recertification election is a 
majority of all employees in the bargaining unit. 
If the bargaining agent is not recertified by a majority vote of all employees in the 
bargaining unit, the executive director or the director's designee shall decertify the 
bargaining agent, and the bargaining unit will not be represented by that bargaining 
agent.  If the bargaining agent is decertified in accordance with this paragraph, the 
terms of any collective bargaining agreement that are in effect between the 
bargaining unit represented by that bargaining agent and the employer remain in 
effect except as to dues, service fees, grievances, arbitration and any other provisions 
regarding the bargaining agent.  The employees in a bargaining unit that has failed to 
recertify its bargaining agent pursuant to this paragraph may certify a new bargaining 
agent pursuant to this section, except that, for a period of at least one year, the 
employees may not certify a new bargaining agent that is substantially similar to or 
affiliated with the previous bargaining agent. 
The executive director or the director's designee shall commence recertification 
elections not less than 2 years and not more than 3 years after the effective date of 
this paragraph and shall then subsequently commence recertification elections every 
even-numbered year.  Recertification elections must be conducted no earlier than 
August 1st and no later than December 1st in any year in which they occur. 
Sec. 4.  26 MRSA §1287, as enacted by PL 1983, c. 702, is amended to read: 
§1287.  Determination of bargaining agent 
1.  Voluntary recognition.  Any judicial employee organization may file a request 
with the public employer alleging that a majority of the judicial employees in an 
appropriate bargaining unit wish to be represented for the purpose of collective 
bargaining between the public employer and the employees' organization.  The request 
shall must describe the grouping of jobs or positions which that constitute the unit 
claimed to be appropriate and shall must include a demonstration of majority support.  
The request for recognition shall must be granted by the public employer, unless the 
public employer desires that an election determine whether the organization represents a 
majority of the members in the bargaining unit. 
2.  Elections.  The executive director of the board or his the director's designee, upon 
signed request of a public employer alleging that one or more judicial employees or 
judicial employee organizations have presented to it a claim to be recognized as the 
representative of a bargaining unit of judicial employees, or upon signed petition of at 
least 30% of a bargaining unit of judicial employees that they desire to be represented by 
an organization or pursuant to a bargaining agent recertification required by subsection 3, 
paragraph E, shall conduct a secret ballot election to determine whether the organization 
represents a majority of the members of the bargaining unit.  Such an election may be 
conducted at suitable work locations or through the United States mail, provided that the. 
The procedures adopted and employed by the board shall must maintain the anonymity of 
the voter from both the employee organizations and the management representatives 
involved.  Employees must be permitted to cast a ballot for a period of 7 days from the 
commencement of the election. 
3.  Voting.  
A.  The ballot shall must contain the name of the organization and that of any other 
organization showing written proof of at least 10% representation of the judicial 
employees within the unit, together with a choice for any judicial employee to 
designate that he the employee does not desire to be represented by any bargaining 
agent.  When more than one organization is on the ballot and no one of the 3 or more 
choices receives a majority vote of the judicial employees voting, a runoff election 
shall must be held.  The runoff ballot shall must contain the 2 choices which that 
received the largest and 2nd largest number of votes.  When an organization receives 
the majority of votes of those voting, the executive director of the board shall certify 
it as the bargaining agent.  The bargaining agent certified as representing a bargaining 
unit shall must be recognized by the public employer as the sole and exclusive 
bargaining agent for all of the employees in the bargaining unit, unless and until a 
decertification election by secret ballot shall be is held and the bargaining agent 
declared by the executive director of the board as not representing a majority of the 
unit. 
B.  Whenever 30% of the employees in a certified bargaining unit petition for a 
bargaining agent to be decertified, the procedures for conducting an election on the 
question shall be are the same as for representation as bargaining agent as set forth in 
this chapter. 
C.  No question concerning representation may be raised within one year of a 
certification or attempted certification.  Where When there is a valid collective 
bargaining agreement in effect, no question concerning unit or representation may be 
raised, except during the period not more than 90 days nor less than 60 days prior to 
the expiration date of the agreement.  Unit clarification proceedings are not subject to 
this time limitation and may be brought at any time consistent with section 1286, 
subsection 4.  No question concerning representation may be raised during this period 
except by the executive director or the director's designee in accordance with 
paragraph E or by a bargaining agent, employer, employee or group of employees 
when the bargaining unit has failed to recertify its bargaining agent pursuant to 
paragraph E. 
D.  The bargaining agent certified by the executive director of the board or his the 
director's designee as the exclusive bargaining agent shall be is required to represent 
all the judicial employees within the unit without regard to membership in the 
organization certified as bargaining agent, provided except that any judicial employee 
at any time may present his the employee's grievance to the public employer and have 
that grievance adjusted without the intervention of the bargaining agent, if the 
adjustment is not inconsistent with the terms of a collective bargaining agreement 
then in effect and if the bargaining agent's representative has been given reasonable 
opportunity to be present at any meeting of the parties called for the resolution of that 
grievance. 
E.  The executive director of the board or the director's designee shall periodically 
direct a secret ballot election to certify that a majority of the employees in a certified 
bargaining unit desire to be represented by the unit's currently certified bargaining 
agent.  The recertification election must be conducted in accordance with subsection 
2, except that a majority vote for purposes of a recertification election is a majority of 
all employees in the bargaining unit. 
If the bargaining agent is not recertified by a majority vote of all employees in the 
bargaining unit, the executive director or the director's designee shall decertify the 
bargaining agent, and the bargaining unit will not be represented by that bargaining 
agent.  If the bargaining agent is decertified in accordance with this paragraph, the 
terms of any collective bargaining agreement that are in effect between the 
bargaining unit represented by that bargaining agent and the employer remain in 
effect except as to dues, service fees, grievances, arbitration and any other provisions 
regarding the bargaining agent.  The employees in a bargaining unit that has failed to 
recertify its bargaining agent pursuant to this paragraph may certify a new bargaining 
agent pursuant to this section, except that, for a period of at least one year, the 
employees may not certify a new bargaining agent that is substantially similar to or 
affiliated with the previous bargaining agent. 
The executive director or the director's designee shall commence recertification 
elections not less than 2 years and not more than 3 years after the effective date of 
this paragraph and shall then subsequently commence recertification elections every 
even-numbered year.  Recertification elections must be conducted no earlier than 
August 1st and no later than December 1st in any year in which they occur. 
SUMMARY 
This bill makes the following changes to the municipal public employees labor 
relations laws, the state employees labor relations laws and the judicial employees labor 
relations laws. 
1.  It adds a new requirement for recertification elections, which must start within 3 
years of the effective date of the provision and must be held every even-numbered year 
after that, to ensure that a majority of the employees in the collective bargaining unit 
support their current collective bargaining agent.  If the bargaining agent does not receive 
votes from a majority of the employees in the bargaining unit, the bargaining agent is 
decertified and will no longer represent the bargaining unit. 
2.  It permits employees who have decertified a bargaining agent pursuant to the new 
recertification election process to certify a new bargaining agent at any time, regardless of 
whether a collective bargaining agreement is still in effect. 
3.  It permits an employee to cast a ballot for a period of 7 days from the 
commencement of a collective bargaining election. 
4.  It adds a requirement that the Maine Labor Relations Board adopt rules to 
preserve the integrity of collective bargaining recertification elections and the secrecy of 
the ballot, including a determination of acceptable methods for submitting a ballot.  These 
rules may also establish a fee schedule applicable to an organization under consideration 
for bargaining agent in a recertification election for the purpose of funding such elections.