An Act Regarding Collective Bargaining for Public Employees under the Municipal Public Employees Labor Relations Laws
Maine Legislature, Session 129, LD 1041
Committee: Labor and Housing
Sponsors: COLLINGS, BELLOWS, DUNPHY, HICKMAN, MARTIN, PERRY, SYLVESTER, JACKSON, LIBBY, VITELLI
Amends: 26 MRSA §964, 26 MRSA §965, 26 MRSA §968

Legislative Document
No. 1041
H.P. 771
House of Representatives, February 28, 2019
An Act Regarding Collective Bargaining for Public Employees 
under the Municipal Public Employees Labor Relations Laws
Reference to the Committee on Labor and Housing suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative COLLINGS of Portland.
Cosponsored by Senator BELLOWS of Kennebec and
Representatives: DUNPHY of Old Town, HICKMAN of Winthrop, MARTIN of Eagle Lake, 
PERRY of Calais, SYLVESTER of Portland, Senators: President JACKSON of Aroostook, 
LIBBY of Androscoggin, VITELLI of Sagadahoc.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §964, sub-§2, ¶¶A and B, as enacted by PL 1969, c. 424, §1, 
are amended to read:
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; and
B.  Refusing to bargain collectively with a public employer as required by section 
965;.
Sec. 2.  26 MRSA §964, sub-§2, ¶C, as enacted by PL 1969, c. 424, §1, is 
repealed.
Sec. 3.  26 MRSA §965, sub-§1, ¶A, as enacted by PL 1969, c. 424, §1, is 
amended to read:
A.  To meet at reasonable times and to have present at each meeting at least one 
individual with authority to reach a tentative agreement subject only to ratification by 
members of the bargaining unit and approval of salaries, pensions and insurance 
bargaining subjects by the appropriating body;
Sec. 4.  26 MRSA §965, sub-§4, as amended by PL 1975, c. 564, §18, is further 
amended to read:
4.  Arbitration. In addition to the 30-day period referred to in subsection 3, the 
parties shall have 15 more days, making a total period of 45 days from the submission of 
findings and recommendations, in which to make a good faith effort to resolve their 
controversy.
If the parties have not resolved their a controversy by the end of said 45-day period, they 
may jointly agree to an arbitration procedure which that will result in a binding 
determination of their controversy. Such determinations will be are subject to review by 
the Superior Court in the manner specified by section 972.
If they do not jointly agree to such an arbitration procedure within 10 days after the end 
of said 45-day period, then either party may, by written notice to the other, request that 
their differences be submitted to a board of 3 arbitrators.  The bargaining agent and the 
public employer shall within 5 days of such request each select and name one arbitrator 
and shall immediately thereafter notify each other in writing of the name and address of 
the person so selected. The 2 arbitrators so selected and named shall, within 10 days from 
such request, agree upon and select and name a neutral arbitrator.  If either party shall 
does not select its arbitrator or if the 2 arbitrators shall fail to agree upon, select and name 
a neutral arbitrator within said 10 days, either party may request the American Arbitration 
Association to utilize its procedures for the selection of the neutral arbitrator.  As soon as 
possible after receipt of such request, the neutral arbitrator will must be selected in 
accordance with rules and procedures prescribed by the American Arbitration Association 
for making such selection.  The neutral arbitrator so selected will may not, without the 
consent of both parties, be the same person who was selected as mediator pursuant to 
subsection 2 nor any member of the fact-finding board selected pursuant to subsection 3.  
As soon as possible after the selection of the neutral arbitrator, the 3 arbitrators or, if 
either party shall has not have selected its arbitrator, the 2 arbitrators, as the case may be, 
shall meet with the parties or their representatives, or both, forthwith, either jointly or 
separately, and make inquiries and investigations, hold hearings, or take such other steps 
as they deem consider appropriate.  If the neutral arbitrator is selected by utilizing the 
procedures of the American Arbitration Association, the arbitration proceedings will must 
be conducted in accordance with the rules and procedures of the American Arbitration 
Association.  The hearing shall must be informal, and the rules of evidence prevailing in 
judicial proceedings shall are not be binding. Any and all All documentary evidence and 
other data deemed considered relevant by the arbitrators may be received in evidence.  
The arbitrators shall have the power to administer oaths and to require by subpoena the 
attendance and testimony of witnesses, and the production of books, records and other 
evidence relative or pertinent to the issues represented to them for determination. 
If the controversy is not resolved by the parties themselves, the arbitrators shall proceed 
as follows: With respect to a controversy over any subjects of bargaining, including a 
controversy over salaries, pensions and insurance, the arbitrators will recommend terms 
of settlement and may make findings of fact; such recommendations and findings will be 
advisory only and will be made shall make a determination with respect to the subject of 
bargaining, if reasonably possible, within 30 days after the selection of the neutral 
arbitrator; the arbitrators may in their discretion, make such recommendations and 
findings public, and or either party may make such recommendations and findings the 
determination public if agreement is not reached with respect to such findings and 
recommendations within 10 days after their receipt from the arbitrators; with respect to a 
controversy over subjects other than salaries, pensions and insurance, the arbitrators shall 
make determinations with respect thereto if reasonably possible within 30 days after the 
selection of the neutral arbitrator; such determinations may be made public by the 
arbitrators or either party; and if the determination is made by a majority of the 
arbitrators, such determinations will be the determination is binding on both parties and 
the parties will shall enter an agreement or take whatever other action that may be 
appropriate to carry out and effectuate such binding determinations the determination; 
and such determinations will be the determination is subject to review by the Superior 
Court in the manner specified by pursuant to section 972. The results of all arbitration 
proceedings, recommendations and awards conducted under this section shall must be 
filed with the Maine Labor Relations Board at the offices of its executive director 
simultaneously with the submission of the recommendations determination and award to 
the parties. In the event If the parties settle their dispute during the arbitration proceeding, 
the arbitrator or the chairman chair of the arbitration panel will shall submit a report of 
his the arbitrator's or the chair's activities to the Executive Director of the Maine Labor 
Relations Board not more than 5 days after the arbitration proceeding has terminated.
Sec. 5.  26 MRSA §968, sub-§5, ¶E, as enacted by PL 1971, c. 609, §9, is 
amended to read:
E.  Whenever a complaint is filed with the executive director of the board, alleging 
that a public employer has violated section 964, subsection 1, paragraph F or alleging 
that a public employee or public employee organization or bargaining agent has 
violated section 964, subsection 2, paragraph C, the party making the complaint may 
simultaneously seek injunctive relief from the Superior Court in the county in which 
the prohibited practice is alleged to have occurred pending the final adjudication of 
the board with respect to such matter.
SUMMARY
This bill amends provisions relating to collective bargaining by public employees 
covered by municipal public employees labor relations laws, including:
1.  Repealing the provision that prohibits public employees from stopping or slowing 
work, striking or blacklisting public employers to prevent the employers from filling 
vacancies; and
2.  Requiring both parties to collective bargaining to have an individual present who 
is authorized to reach a tentative agreement.