An Act To Establish the Total Cost of Education and the State and Local Contributions to Education for Fiscal Year 2018-19 and To Provide That Employees of School Management and Leadership Centers Are Eligible To Participate in the Maine Public Employees Retirement System
Maine Legislature, Session 128, LD 1869
Committee Amendment CA_B-SA_B_S491 (Senate)
Amends: 20-A MRSA §3801, 20-A MRSA §3808

SENATE AMENDMENT" f3" to COMMITTEE AMENDMENT "B" to S.P. 712, 
L.D. 1869, Bill, "An Act To Establish the Total Cost of Education and the State and 
Local Contributions to Education for Fiscal Year 2018-19 and To Provide That 
Employees of School Management and Leadership Centers Are Eligible To Participate in 
the Maine Public Employees Retirement System" 
Amend the amendment by inserting after the title the following: 
'Amend the bill by inserting after section 1 the following: 
'Sec. 2. 20-A MRSA §3801, sub-§3, ~' as enacted by PL 2017, c. 284, Pt. 
VVVVV, §6, is amended to read: 
B. An interlocal agreement may include but is not limited to a description of the 
following: 
(1) 
The approval process for the formation of a school management and 
leadership center; 
(2) Any associate members, the process for including associate members and 
their roles in the school management and leadership center; 
(3) The process to authorize the school management and leadership center to 
borrow funds for school construction purposes including bonds and notes; 
(4) The process to approve the purchase or lease of buildings or land by the 
school management and leadership center; 
( 5) 
The process by which a school management and leadership center may 
establish, maintain and expend funds from a reserve fund or contingency fund; 
(6) The process of hiring an executive director for the school management and 
leadership center; ana 
(7) A transition plan to move authorized programs and services from a member 
to the school management and leadership center7; and 
(8) The process for withdrawal of a single school administrative unit from the 
school management and leadership center. 
SENATE AMENDMENT 
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SENATE AMENDMENT" ~,, to COMMITTEE AMENDMENT "B" to S.P. 712, L.D. 1869 
An interlocal agreement must provide for the continuation of continuing contract 
rights under section 13201 for participating school administrative unit teachers who 
subsequently are employed by the school management and leadership center. 
Sec. 3. 20-A l\1RSA §3802, sub-§§13 and 14, as enacted by PL 2017, c. 284, 
Pt. VVVVV, §6, are amended to read: 
13. Withdrawal from school management and leadership center. If-a A single 
school administrative unit applies to may withdraw,-----ft must demonstrate to the 
commissioner that as a result of the school admHJ:is-trative-unit's withdrawing that there 
,;vill be no increase in costs or decrBruIB--in--student programs and services for the 
withdrawing--ss administrative unit and for any of the remaining member school 
administrative units of the school-managmoot-and leadership center from a school 
management and leadership center only in accordance with withdrawal provisions 
included in the interlocal agreement pursuant to section 3801, subsection 3. 
14. 
Dissolution of school management and leadership center. 
A school 
management and leadership center may net be dissolved unless it annliBs to thB 
~r 
approval and only if: 
A. 
All member school administrative units apply to transfer to another school 
management and leadership center and the commissioner approves; or 
B. If all the member school administrative units of a school management and 
leadership center apply to dissolve the school management and---leooership center 
they demonstrate to the commissioner that there will be no increase in costs or 
decrease in student programs and services for any of the member school 
nriminii;:trntivR 1miti;: Afth~l---mawgemoot--und leadershin center. 
C. The dissolution is in accordance with the provisions of its interlocal agreement 
under Title 30-A, chapter 115 that provide for the termination of the agreement and 
the disposal of property. 
Sec. 4. 20-A MRSA §3808 is enacted to read: 
§3808. Collective bargaining in school management and leadership centers 
1. Assumption of obligations, duties, liabilities and rights. 
On and after the 
operational date of a school management and leadership center, teachers and other 
employees whose positions are transferred from a school administrative unit to the school 
management and leadership center and were included in a bargaining unit represented by 
a bargaining agent, and for participating school administrative units. teachers and other 
employees who are subsequently employed by the school management and leadership 
center and were included in a bargaining unit and represented by a bargaining unit, 
continue to be included in the same bargaining unit and represented by the same 
bargaining agent pending completion of the bargaining agent and bargaining unit merger 
procedures and bargaining for initial school management and leadership center collective 
bargaining agreements covering school management and leadership center employees, as 
described in this section. After employees become employees of the school management 
and leadership center, the school management and leadership center has the obligations, 
duties, liabilities and rights of a public employer pursuant to Title 26, chapter 9-A with 
respect to those employees. 
SENATE AMENDMENT 
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SENATE AMENDMENT" &· to COMlvfITTEE AMENDMENT "B" to S.P. 712, L.D. 1869 
;t Structure of bargaining units. All bargaining units of school management and 
leadership center employees must be structured on a school management and leadership 
center-wide basis. Teachers and other school employees who are employed by the school 
management and leadership center to provide consolidated services must be removed 
from the existing bargaining units of teachers and other employees who are employed by 
each member school unit and merged into units of school management and leadership 
center employees. 
Merger into school management and leadership center-wide 
bargaining units is not subject to approval or disapproval of employees. Formation of 
school management and leadership center-wide bargaining units must occur in 
accordance with this subsection. 
A. In each school management and leadership center, there must be one unit of 
!eachers, if any teachers are employed by the school management and leadership 
center, and, to the extent they are on the effective date of this paragraph included in 
:bargaining unit§__,_other certified professional employees, excluding principals and 
9ther administrators. 
B. Any additional bargaining units in a school management and leadership center 
must be structured as follows. 
(1) In the initial establishment of such units, units must be structured primarily 
on the basis of the existing pattern of organization, maintaining the grouping of 
employee classifications into bargaining units that existed prior to the creation of 
the school management and leadership center and avoiding conflicts among 
different bargaining a_gents to the extent possible. 
(2) In the event of a dispute regarding the classifications to be included within a 
school management and leadership center-wide bargaining unit, the current 
bargaining agent or agents or the school management and leadership center may 
petition the Maine Labor Relations Board to determine the appropriate unit in 
acc9rdance with this section and Title 26, section 966, subsections 1 and 2. 
C. 
When there is the same bargaining agent in all bargaining units that will be 
merged into a school management and leadership center-wide bargaining unit, the 
units must be separated and merged on the operational date or the date represented 
employees are transferred to the school management and leadership center, 
whichever is applicable, and the school management and leadership center shall 
recognize the bargaining agent as the representative of the merged unit. 
D. 
When all ~its that will be separated and merged into a school 
management and leadership center-wide bargaining unit are represented by separate 
local affiliates of the same state labor organization, the units must be separated and 
merged on the operational date or the date represented employees are transferred to 
the school management and leadership center, whichever is applicable. The identity 
of a single affiliate that will be designated the bargaining agent for the merged unit 
must be selected by the existing bargaining agents and the state labor organization. 
Upon completion of the merger and designation of the bargaining agent and 
notification by the state labor organization to the school management and leadership 
center, the school management and leadership center shall recognize the designated 
bµrgaining agent as the representative of employees in the merged unit. If necessary, 
SENA Tl: AMENDMENT 
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SENATE AMENDMENT" fJJ"to COMMITTEE AMENDMENT "B" to S.P. 712, L.D. 1869 
the parties shall then execute a written amendment to any collective bargaining 
agreement then in effect to change the name of the bargaining agent to reflect the 
merger. 
E. When there are bargaining units that will be separated and merged into a school 
management and leadership center-wide bargaining unit in which there are 
employees who are not represented by any bargaining agent and other employees 
who are represented either by the same bargaining agent or separate local affiliates of 
the same state labor organization, the units must be separated and merged on the 
operational date or the date represented employees are transferred to the school 
management and leadership center, whichever is applicable, as long as a majority of 
employees who compose the merged unit were represented by the bargaining aMill 
prior to the merger. The procedures for separation and merger of separate local 
affiliates of the same state labor organization described in paragraph D must be 
followed if applicable. If prior to the merger a bargaining agent did not represent a 
majority of employees who compose the merged unit, a bargaining agent election 
must be conducted by the Maine Labor Relations Board pursuant to paragraph F. 
F. When bargaining units with different bargaining agents must be merged into a 
single school management and leadership center-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 school management and leadership ce:qter. 
(2) The petition must be filed not more than 90 days prior to the first August 31st 
occurring after either the 3rd anniversaiy date of the operational date of the 
school management and leadership center or the elate on which positions are 
transferred from member school units to the school management and leadership 
center, 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 school management and leadership 
center-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 school management and leadership center or the date on 
which positions are transferred from member school units to the school 
management and leadership center, whichever is later, until the determination of 
the bargaining agent of the school management and leadership center-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 occun'ing after either the 3rd anniversary date of the operational date 
of the school management and leadership center or the date on which positions 
are transferred from member school units to the school management and 
leadership center, whichever is later. 
SENATE AMENDMENT 
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SENATE AMENDMENT" G» to COMMITTEE AMENDMENT "B" to S.P. 712, L.D. 1869 
(5) The Maine Labor Relations Board shall expedite to the extent practicable all 
petitions for determination of the bargaining agent in the school management and 
leadership center filed pursuant to this section. 
(6) 
The bargaining units must be merged into a school management and 
leadership center-wide~aining 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 school management and leadership center or the date 
on which positions are transferred from member school units to the school 
management and leadership center, 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 school management and leadership center. If 
necessary, each bar@ining agent and the school management and leadership 
center 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 school management and leadership center or the date on which positions 
are transferred from member school units to the school management and 
leadership center, whichever is later. 
ID 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 school 
management and leadership center-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. 
3. Agent to engage in collective bargaining. After the merger of bargaining units 
in a school management and leadership center, the bargaining agent of a school 
management and leadership center-wide bargaining unit and the school management and 
leadership center shall engage in collective bargaining for a collective bargaining 
agreement for the school management and leadership center-wide bargaining unit. In the 
collective bargaining agreement for each school management and leadership center-wide 
bargaining unit, the employment relations, policies, practices, salary schedules, hours and 
working conditions throughout the school management and leadership center must be 
made uniform and consistent as soon as practicable. In the event that the parties are 
unable to agree upon an initial school management and leadership center-wide collective 
bargaining agreement, the parties must use the dispute resolution procedures pursuant to 
Title 26, section 965 to resolve their differences. 
4. Application of collective bargaining agreements. On and after the operational 
date of a school management and leadership center, but before the completion of 
negotiations for a single school management and leadership center-wide collective 
SENA TE AMENDMENT 
c. 
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SENATE AMENDMENT" e" to COMMITTEE AMENDMENT "B" to S.P. 712, L.D. 1869 
bargaining agreement for the school management and leadership center-wide bargaining 
unit, the wages, hours and working conditions of an employee of the school management 
and leadership center who is in a bargaining unit and who is reassigned to a different 
position that is in a different bargaining unit but that upon the completion of the merger 
of bargaining units will be included in the same school management and leadership 
center-wide bargaining unit must be determined by the terms of the collective bargaining 
agreement that applies to the position to which the employee is reassigged, except as 
provided in this subsection. 
A. If the application of the collective bargaining agreement that applies to the 
position to which the employee is reassigned would cause a reduction in the 
employee's wage or salary rate, the employee's wage or salary rate must be 
maintained at the rate the employee was paid immediately prior to the reassignment 
until the completion of negotiations for a single school management and leadership 
center-wide collective bargaining agreement for the school management and 
leadership center-wide bargaining unit or the applicable collective bargaining 
agreement requires a higher wage or salary rate for the employee, whichever occurs 
sooner. 
B. If the application of the existing collective bargaining agreement that applies to 
the position to which the employee is reassigged would cause a reduction in the 
amount that is paid by the school management and leadership center for premiums for 
health insurance for the employee and the employee's dependents, the school 
management and leadership center's payment must be maintained at the amount that 
was paid immediately prior to the reassignment until the completion of negotiations 
for a single school management and leadership center-wide collective bargaining 
agreement for the school management and leadership center-wide bargaining unit or 
the applicable collective bargaining agreement requires a higher payment, whiche_ver 
occurs sooner. 
C. If the application of the existing collective bargaining agreement that applies to 
the position to which the employee is reassigned provides for coverage under a 
different health insurance plan, the employee may elect to retain coverage under the 
health insurance plan in which the employee was emolled immediately prior to 
reassignment if the eligibility provisions of the plan permit until the completion of 
negotiations for a single school management and leadership center-wide collective 
bargaining agreement for the school management and leadership center-wide 
bargaining unit.' ' 
SUM1\1ARY 
This amendment includes provisions regarding dissolution for a school administrative 
unit to withdraw from a school management and leadership center and includes 
SENA TE AMENDMENT 
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SENATE AMENDMENT .. g 
"to COMMITTEE AMENDMENT "B" to S.P. 712, L.D. 1869 
provisions for the merging of bargaining units of employees of a school administrative 
unit that also are ~a 
school µianagement and leadership/center. 
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COUNTY: Cumberland 
FISCAL ~OTE REQUIRED 
(See attached) 
SENATE AMENDMENT 
Approved: 04/18/18 feac.. 
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LD 1869 
LR 2728(07) 
An Act To Establish the Total Cost of Education and the State and Local Contributions to Education 
for Fiscal Year 2018-19 and To Provide That Employees of School Management and Leadership 
Centers Are Eligible To Participate in the Maine Public Employees Retirement System 
Fiscal Note for Senate Amendment 'b" to Committee Amendment "B" 
Sponsor: Sen. Millett of Cumberland 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - General Fund 
Fiscal Detail and Notes 
The Maine Labor Relations Board may incur additional General Fund costs associated with the collective bargaining 
provisions included in this legislation related to school management and leadership centers. The amount and timing 
of these costs can not be determined at this time. 
LR2728(07) - Fiscal Note - Pa2:e 1 of 1