An Act To Prohibit Mandatory Membership in a Union or Payment of Agency Fees as a Condition of Employment
Maine Legislature, Session 128, LD 1880
Committee: Labor, Commerce, Research and Economic Development
Sponsors: WHITE, CUSHING

Legislative Document
No. 1880
H.P. 1312
House of Representatives, March 22, 2018
An Act To Prohibit Mandatory Membership in a Union or Payment 
of Agency Fees 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 WHITE of Washburn.  (GOVERNOR'S BILL)
Cosponsored by Senator CUSHING of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  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 without any 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 
the provisions 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 the provisions 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 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.