An Act To Amend the Laws Governing Appointees to the Maine Labor Relations Board
Maine Legislature, Session 129, LD 0317
Committee: Labor and Housing
Sponsors: HANDY, CUDDY, DOORE
Amends: 26 MRSA §968

Legislative Document
No. 317
H.P. 241
House of Representatives, January 22, 2019
An Act To Amend the Laws Governing Appointees to the Maine 
Labor Relations Board
Reference to the Committee on Labor and Housing suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HANDY of Lewiston.
Cosponsored by Representatives: CUDDY of Winterport, DOORE of Augusta.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §968, sub-§1, as amended by PL 1991, c. 798, §6, is further 
amended to read:
1.  Maine Labor Relations Board. The Maine Labor Relations Board, established 
by Title 5, section 12004-B, subsection 2, consists of 3 members and 6 alternates 
appointed by the Governor, subject to review by the joint standing committee of the 
Legislature having jurisdiction over labor matters and to confirmation by the Legislature. 
The Governor, in making appointments, shall name one member and 2 alternates to 
represent employees, one member and 2 alternates to represent employers and one 
member and 2 alternates to represent the public.  The member and alternates representing 
employees may not have worked in a management capacity or represented management 
interests in any proceedings at any time during the prior 10 years.  The member and 
alternates representing the public may not have worked in a management capacity or 
represented management interests in any proceedings or have worked for a labor 
organization or served in a leadership role in a labor organization at any time during the 
prior 10 years. The member representing the public serves as the board's chair and the 
alternate representing the public serves as an alternate chair. Members of the board are 
entitled to compensation according to the provisions of Title 5, chapter 379. The 
alternates are entitled to compensation at the same per diem rate as the member that the 
alternate replaces. The term of each member and each alternate is 4 years, except that of 
the members and alternates first appointed, one member and 2 alternates are appointed for 
a term of 4 years, one member and 2 alternates are appointed for a term of 3 years and 
one member and 2 alternates are appointed for a term of 2 years. The members of the 
board, its alternates and its employees are entitled to receive necessary expenses. Per 
diem and necessary expenses for members and alternates of the board, as well as state 
cost allocation program charges, must be shared equally by the parties to any proceeding 
at which the board presides and must be paid into a special fund administered by the 
board from which all costs must be paid.  The executive director may estimate costs upon 
receipt of a request for services and collect those costs prior to providing the services.  
The executive director shall bill or reimburse the parties, as appropriate, for any 
difference between the estimated costs that were collected and the actual costs of 
providing the services.  Once one party has paid its share of the estimated cost of 
providing the service, the matter is scheduled for hearing.  A party who has not paid an 
invoice for the estimated or actual cost of providing services within 60 days of the date 
the invoice was issued is, in the absence of good cause shown, liable for the amount of 
the invoice together with a penalty in the amount of 25% of the amount of the invoice.  
Any penalty amount collected pursuant to this provision remains in the special fund 
administered by the Maine Labor Relations Board, and that fund does not lapse.  The 
executive director is authorized to collect any sums due and payable pursuant to this 
provision through civil action.  In such an action, the court shall allow litigation costs, 
including court costs and reasonable attorney's fees, to be deposited in the General Fund 
if the executive director is the prevailing party in the action.  At its discretion, the board 
may allocate all costs to a party that presents a frivolous complaint or defense or that 
commits a blatant violation of the applicable collective bargaining law.  When the board 
meets on administrative or other matters that do not concern the interests of particular 
parties or when any board member presides at a prehearing conference, the members' per 
diem and necessary expenses must be paid from the board's regular appropriation for 
these purposes.  The executive director and legal or professional personnel employed by 
the board are members of the unclassified service.
Sec. 2.  Application.  This Act applies to all appointments and reappointments to 
the Maine Labor Relations Board, pursuant to the Maine Revised Statutes, Title 26, 
section 968, of members and alternates commencing after the effective date of this Act. 
SUMMARY
This bill amends the qualifications for certain members and alternates appointed to 
the Maine Labor Relations Board by the Governor.  It requires the member and alternates 
representing employees to not have worked in a management capacity or represented 
management interests in any proceedings at any time during the prior 10 years.  It also 
requires the member and alternates representing the public to not have worked in a 
management capacity or represented management interests in any proceedings or have 
worked for a labor organization or served in a leadership role in a labor organization at 
any time during the prior 10 years.  These new qualifications apply to new appointments 
or reappointments to the board.