An Act To Improve Public Sector Labor Relations
Maine Legislature, Session 129, LD 1177
Committee: Labor and Housing
Sponsors: JACKSON, McCREA, BELLOWS, CHIPMAN, VITELLI, CUDDY, MARTIN
Amends: 26 MRSA §965, 26 MRSA §979-D, 26 MRSA §1026, 26 MRSA §1285

Legislative Document
No. 1177
S.P. 363
In Senate, March 12, 2019
An Act To Improve Public Sector Labor Relations
Reference to the Committee on Labor and Housing suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by President JACKSON of Aroostook.
Cosponsored by Representative McCREA of Fort Fairfield and
Senators: BELLOWS of Kennebec, CHIPMAN of Cumberland, VITELLI of Sagadahoc, 
Representatives: CUDDY of Winterport, MARTIN of Sinclair.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  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 controversy by the end of said the 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 the 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 the 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 
days from such the 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 the 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 the request, the neutral 
arbitrator will must be selected in accordance with rules and procedures prescribed by the 
American Arbitration Association for making such a 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, make inquiries and investigations, hold 
hearings, or take such other steps as they deem determine 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 documentary evidence and other data deemed determined 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, 
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 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, 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 either party may 
make such recommendations and findings 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 all 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 made by a majority of the 
arbitrators, such determinations will be are 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; and such determinations will be are 
subject to review by the Superior Court in the manner specified by 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 and award 
to the parties.  In the event 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 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. 2.  26 MRSA §979-D, sub-§4, ¶D, as enacted by PL 1973, c. 774, is 
amended to read:
D.  With respect to controversies over salaries, pensions and insurance, the arbitrator 
will shall recommend terms of settlement and may make findings of fact. Such 
recommendations and findings shall be are advisory and shall are not be binding upon 
the parties.  The determination by the arbitrator on all other issues shall be is final and 
binding on the parties.
Sec. 3.  26 MRSA §1026, sub-§4, ¶B, as amended by PL 1983, c. 153, §2, is 
further amended to read:
B.  If the controversy is not resolved by the parties themselves, the arbitrators shall 
proceed as follows: With respect to 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, 
if reasonably possible, within 60 days after the selection of the neutral arbitrator. The 
arbitrators may in their discretion make such recommendations and findings public, 
and either party may make such recommendations and findings public if agreement is 
not reached with respect to such findings and recommendations within 10 days after 
their receipt from the arbitrators.  With with respect to a controversy over all subjects 
other than salaries, pensions and insurance, the arbitrators shall make determinations 
with respect thereto if reasonably possible within 60 days after the selection of the 
neutral arbitrator.  Such determinations may be made public by the arbitrators or 
either party and if made by a majority of the arbitrators, such determinations will be 
are 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, and such determinations will be are subject to review by the 
Superior Court in the manner specified by section 1033.  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 and award to the parties. 
In the event 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 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. 4.  26 MRSA §1285, sub-§4, as enacted by PL 1983, c. 702, is amended to 
read:
4.  Arbitration.
A.  In addition to the 30-day period referred to in subsection 3, the parties shall have 
more days, making a total of 45 days from the submission of findings and 
recommendations, in which to make a good faith effort to resolve their controversy.
B.  If the parties have not resolved their controversy by the end of that 45-day period, 
either party may petition the board to initiate compulsory final and binding arbitration 
of the negotiations' impasse.  On receipt of the petition, the executive director of the 
board shall investigate to determine if an impasse has been reached.  If he the 
executive director so determines, he the executive director shall issue an order 
requiring arbitration and requesting the parties to select one or more arbitrators.  If 
the parties, within 10 days after the issuance of the order, have not selected an 
arbitrator or an arbitration panel, the board shall then order each party to select one 
arbitrator and, if these 2 arbitrators cannot in 5 days select a 3rd neutral arbitrator, the 
board shall submit a list from which the parties may alternately strike names until a 
single name is left, who shall must be appointed by the board as arbitrator. In 
reaching a decision under this paragraph, the arbitrator shall consider the following 
factors:
(1)  The interests and welfare of the public and the financial ability of State 
Government to finance the cost items proposed by each party to the impasse;
(2)  Comparison of the wages, hours and working conditions of the employees 
involved in the arbitration proceeding with the wages, hours and working 
conditions of other employees performing similar services in the executive and 
legislative branches of government and in public and private employment in 
other jurisdictions competing in the same labor market;
(3)  The overall compensation presently received by the employees, including 
direct wage compensation, vacation, holidays and excused time, insurance and 
pensions, medical and hospitalization benefits, the continuity and stability of 
employment, and all other benefits received;
(4)  Such other factors not confined to the foregoing, which are normally and 
traditionally taken into consideration in the determination of wages, hours and 
working conditions through voluntary collective bargaining, mediation, fact-
finding, arbitration or otherwise between the parties, in the public service or in 
private employment, including the average Consumer Price Index;
(5)  The need of the Judicial Department for qualified employees; 
(6)  Conditions of employment in similar occupations outside State Government;
(7)  The need to maintain appropriate relationships between different occupations 
in the Judicial Department; and
(8)  The need to establish fair and reasonable conditions in relation to job 
qualifications and responsibilities.
With respect to controversies over salaries, pensions and insurance, the arbitrator shall 
recommend terms of settlement and may make findings of fact.  The recommendations 
and findings shall be are advisory and shall are not be binding upon the parties.  The 
determination by the arbitrator on all other issues shall be is final and binding on the 
parties.
Any hearing shall must be informal and the rules of evidence for judicial proceedings 
shall are not be binding.  Any documentary evidence and other information deemed 
determined relevant by the arbitrator may be received in evidence.  The arbitrator may 
administer oaths and require by subpoena attendance and testimony of witnesses and 
production of books and records and other evidence relating to the issues presented.  The 
arbitrator shall have has a period of 30 days from the termination of the hearing in which 
to submit his a report to the parties and to the board, unless that time limitation is 
extended by the executive director.
Sec. 5.  26 MRSA §1285, sub-§5, ¶E, as enacted by PL 1983, c. 702, is amended 
to read:
E.  In reaching a decision, the mediator-arbitrator shall consider the factors specified 
in section 1285, subsection 4.  With respect to controversies over salaries, pensions 
and insurance, the mediator-arbitrator shall recommend terms of settlement and may 
make findings of fact.  Such recommendations and findings shall be are advisory and 
shall are not be binding on the parties.  The determination of the mediator-arbitrator 
on all other issues shall be is final and binding on the parties.
SUMMARY
This bill:
1.  Amends the labor relations laws governing municipal public employees and 
University of Maine System employees to provide that determinations by arbitrators with 
respect to controversies over all subjects, including salaries, pensions and insurance, are 
final and binding on the parties;
2.  Amends the labor relations laws governing state employees to provide that, with 
respect to controversies over salaries, an arbitrator's determinations are final and binding 
on the parties; and
3.  Amends the labor relations laws governing judicial employees to provide that an 
arbitrator's determinations with respect to controversies over all subjects, including 
salaries, pensions and insurance, are final and binding on the parties and that, with respect 
to controversies over salaries, determinations by mediator-arbitrators are final and 
binding on the parties.