An Act To Expand the Rights of Public Sector Employees
Maine Legislature, Session 130, LD 0555
Committee: Labor and Housing
Sponsors: SYLVESTER
Amends: 26 MRSA §964, 26 MRSA §964-B, 26 MRSA §979-C, 26 MRSA §979-V, 26 MRSA §1027, 26 MRSA §1027-A, 26 MRSA §1284, 26 MRSA §1284-B

Legislative Document
No. 555
H.P. 400
House of Representatives, February 24, 2021
An Act To Expand the Rights of Public Sector Employees
Received by the Clerk of the House on February 22, 2021.  Referred to the Committee on 
Labor and Housing pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 
401.
ROBERT B. HUNT
Clerk
Presented by Representative SYLVESTER of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §964, sub-§2, as enacted by PL 1969, c. 424, §1, is amended to 
read:
2.  Public employee prohibitions.  Public Except as provided under section 964-B, 
public employees, public employee organizations, their agents, members and bargaining 
agents are prohibited from:
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;
B.  Refusing to bargain collectively with a public employer as required by section 965; 
or
C.  Engaging in:
(1)  A work stoppage;
(2)  A slowdown;
(3)  A strike; or
(4)  The blacklisting of any public employer for the purpose of preventing it the 
public employer from filling employee vacancies.
Sec. 2.  26 MRSA §964-B is enacted to read:
§964-B.  Authorized strikes
1.  Authorization to engage in a strike. A public employee, except for an employee 
whose duties include protecting public safety; a public employee organization; an agent of 
a public employee or public employee organization; a member of a public employee 
organization; or a bargaining agent of a public employee or public employee organization 
may engage in a strike and a public employee organization may authorize a strike of the 
members of the organization pursuant to the following procedures:
A.  The membership of a public employee organization or unit of a public employee 
organization that is affected by the issue for which the strike is called must conduct a 
vote of a majority of members;
B.  Upon an affirmative vote in paragraph A, the public employee organization or unit 
of the public employee organization shall deliver to the public employer of the 
employees voting to strike in paragraph A or the employer's agent a notice of the intent 
to strike and state the date upon which the strike will begin and the date upon which 
the strike will end; and
C.  The public employee organization or unit of the public employee organization 
sending notice of a strike or the public employer receiving notice of a strike under 
paragraph B may call for emergency bargaining within 3 days prior to the date upon 
which the strike is intended to start.
For the purposes of this subsection, "employee whose duties include protecting public 
safety" includes a law enforcement officer as defined in Title 25, section 1611, subsection 
5; a municipal firefighter as defined in Title 30-A, section 3151, subsection 2; an 
emergency dispatcher; emergency medical, response or rescue personnel; and a corrections 
officer as defined in Title 25, section 2801-A, subsection 2 who provides direct care to 
inmates and detainees committed to the care of a sheriff in a jail as defined in Title 17-A, 
section 2, subsection 15-A.
2.  Prohibited employer conduct.  A public employer may not permanently replace a 
public employee who engages in a strike in accordance with subsection 1 because that 
employee engaged in a strike.
Nothing in this section prohibits a public employer, during a strike authorized in 
accordance with subsection 1, from requiring that the minimum necessary number of public 
employees report to work in order to ensure that the public health, safety and welfare are 
protected during any event or occasional combination of circumstances that calls for 
immediate action or remedy.  A public employee required to work during a strike may file 
a grievance.
Sec. 3.  26 MRSA §979-C, sub-§2, as amended by PL 1997, c. 741, §5 and affected 
by §12, is further amended to read:
2.  State employee and legislative employee prohibitions.  State Except as provided 
under section 979-V, state employees and legislative employees, employee organizations, 
their agents, members and bargaining agents are prohibited from:
A.  Interfering with, restraining or coercing employees in the exercise of the rights 
guaranteed in section 979-B or the public employer in the selection of its the public 
employer's representative for purposes of collective bargaining or the adjustment of 
grievances;
B.  Refusing to bargain collectively with the public employer as required by section 
979-D; or
C.  Engaging in:
(1)  A work stoppage;
(2)  A slowdown;
(3)  A strike; or
(4)  The blacklisting of the public employer for the purpose of preventing it the 
public employer from filling employee vacancies.
Sec. 4.  26 MRSA §979-V is enacted to read:
§979-V.  Authorized strikes
1.  Authorization to engage in a strike.  A state employee or legislative employee, 
except for an employee whose duties include protecting public safety; a state employee or 
legislative employee organization; an agent of a state employee or legislative employee or 
state employee or legislative employee organization; a member of a state employee or 
legislative employee organization; or a bargaining agent of a state employee or legislative 
employee or state employee or legislative employee organization may engage in a strike 
and a state employee or legislative employee organization may authorize a strike of the 
members of the organization pursuant to the following procedures:
A.  The membership of a state employee or legislative employee organization or unit 
of a state employee or legislative employee organization that is affected by the issue 
for which the strike is called must conduct a vote of a majority of members;
B.  Upon an affirmative vote in paragraph A, the state employee or legislative employee 
organization or unit of the state employee or legislative employee organization shall 
deliver to the state employer or legislative employer of the employees voting to strike 
in paragraph A or the employer's agent a notice of the intent to strike and state the date 
upon which the strike will begin and the date upon which the strike will end; and
C.  The state employee or legislative employee organization or unit of the state 
employee or legislative employee organization sending notice of a strike or the state 
employer or legislative employer receiving notice of a strike under paragraph B may 
call for emergency bargaining within 3 days prior to the date upon which the strike is 
intended to start.
For the purposes of this subsection, "employee whose duties include protecting public 
safety" includes a law enforcement officer as defined in Title 25, section 1611, subsection 
5; a firefighter; a military firefighter; an emergency dispatcher; emergency medical, 
response or rescue personnel; a corrections officer as defined in Title 25, section 2801-A, 
subsection 2 who provides direct care to prisoners, detainees and juveniles committed to 
the care of the Commissioner of Corrections; and an employee of the Department of Health 
and Human Services who provides direct care to persons committed to the custody of the 
Commissioner of Health and Human Services at a state mental health institute as defined 
in Title 34-B, section 3801, subsection 9 and to persons voluntarily receiving services at a 
state mental health institute.
2.  Prohibited employer conduct.  A state employer or legislative employer may not 
permanently replace a state employee or legislative employee who engages in a strike in 
accordance with subsection 1 because that employee engaged in a strike.
Nothing in this section prohibits a state employer or legislative employer, during a 
strike authorized in accordance with subsection 1, from requiring that the minimum 
necessary number of state employees or legislative employees report to work in order to 
ensure that the public health, safety and welfare are protected during any event or 
occasional combination of circumstances that calls for immediate action or remedy.  A state 
employee or legislative employee required to work during a strike may file a grievance.
Sec. 5.  26 MRSA §1027, sub-§2, as amended by PL 1989, c. 443, §72 and PL 
2003, c. 20, Pt. OO, §2 and affected by §4, is further amended to read:
2.  University, academy, community colleges; prohibitions.  University Except as 
provided under section 1027-A, university employees, university employee organizations, 
their agents, members and bargaining agents; academy employees, academy employee 
organizations, their agents, members and bargaining agents; and community college 
employees, community college employee organizations, their agents, members and 
bargaining agents are prohibited from:
A.  Interfering with, restraining or coercing employees in the exercise of the rights 
guaranteed in section 1023 or the university, academy and community colleges in the 
selection of their representatives for the purposes of collective bargaining or the 
adjustment of grievances;
B.  Refusing to bargain collectively with the university, academy and community 
colleges as required by section 1026; and or
C.  Engaging in:
(1)  A work stoppage, slowdown or strike; and
(2)  The blacklisting of the university, academy or community colleges for the 
purpose of preventing them from filling employee vacancies.
Sec. 6.  26 MRSA §1027-A is enacted to read:
§1027-A.  Authorized strikes
1.  Authorization to engage in a strike.  A university, academy or community college 
employee, except for an employee whose duties include protecting public safety; a 
university, academy or community college employee organization; an agent of a university, 
academy or community college employee or a university, academy or community college 
employee organization; a member of a university, academy or community college 
employee organization; or a bargaining agent of a university, academy or community 
college employee or university, academy or community college employee organization 
may engage in a strike and a university, academy or community college employee 
organization may authorize a strike of the members of the organization pursuant to the 
following procedures:
A.  The membership of a university, academy or community college employee 
organization or unit of a university, academy or community college employee 
organization that is affected by the issue for which the strike is called must conduct a 
vote of a majority of members;
B.  Upon an affirmative vote in paragraph A, the university, academy or community 
college employee organization or unit of the university, academy or community college 
employee organization shall deliver to the university, academy or community college 
employer of the employees voting to strike in paragraph A or the employer's agent a 
notice of the intent to strike and state the date upon which the strike will begin and the 
date upon which the strike will end; and
C.  The university, academy or community college employee organization or unit of 
the university, academy or community college employee organization sending notice 
of a strike or the university, academy or community college employer receiving notice 
of a strike under paragraph B may call for emergency bargaining within 3 days prior 
to the date upon which the strike is intended to start.
For the purposes of this subsection, "employee whose duties include protecting public 
safety" includes a law enforcement officer as defined in Title 25, section 1611, subsection 
5.
2.  Prohibited employer conduct.  A university, academy or community college 
employer may not permanently replace a university, academy or community college 
employee who engages in a strike in accordance with subsection 1 because that employee 
engaged in a strike.
Nothing in this section prohibits a university, academy or community college 
employer, during a strike authorized in accordance with subsection 1, from requiring that 
the minimum necessary number of university, academy or community college employees 
report to work in order to ensure that the public health, safety and welfare are protected 
during any event or occasional combination of circumstances that calls for immediate 
action or remedy.  A university, academy or community college employee required to work 
during a strike may file a grievance.
Sec. 7.  26 MRSA §1284, sub-§2, as enacted by PL 1983, c. 702, is amended to 
read:
2.  Judicial employee prohibitions.  Judicial Except as provided under section 
1284-B, judicial employees, judicial employee organizations, their agents, members and 
bargaining agents are prohibited from:
A.  Interfering with, restraining or coercing employees in the exercise of the rights 
guaranteed in section 1283 or the public employer in the selection of its representative 
for purposes of collective bargaining or the adjustment of grievances;
B.  Refusing to bargain collectively with the public employer, as required by section 
1285; or
C.  Engaging in:
(1)  A work stoppage;
(2)  A slowdown;
(3)  A strike; or
(4)  The blacklisting of the public employer for the purpose of preventing it the 
public employer from filling employee vacancies.
Sec. 8.  26 MRSA §1284-B is enacted to read:
§1284-B.  Authorized strikes
1.  Authorization to engage in a strike.  A judicial employee, except for an employee 
whose duties include protecting public safety or an employee whose duties ensure an 
individual's procedural due process rights are not denied; a judicial employee organization; 
an agent of a judicial employee or judicial employee organization; a member of a judicial 
employee organization; or a bargaining agent of a judicial employee or judicial employee 
organization may engage in a strike and a judicial employee organization may authorize a 
strike of the members of the organization pursuant to the following procedures:
A.  The membership of a judicial employee organization or unit of a judicial employee 
organization that is affected by the issue for which the strike is called must conduct a 
vote of a majority of members;
B.  Upon an affirmative vote in paragraph A, the judicial employee organization or unit 
of the judicial employee organization shall deliver to the public employer of the 
employees voting to strike in paragraph A or the employer's agent a notice of the intent 
to strike and state the date upon which the strike will begin and the date upon which 
the strike will end; and
C.  The judicial employee organization or unit of the judicial employee organization 
sending notice of a strike or the public employer receiving notice of a strike under 
paragraph B may call for emergency bargaining within 3 days prior to the date upon 
which the strike is intended to start.
For the purposes of this subsection, "employee whose duties include protecting public 
safety" includes a law enforcement officer as defined in Title 25, section 1611, subsection 
5.
For the purposes of this subsection, "employee whose duties ensure an individual's 
procedural due process rights are not denied" includes a judicial employee who carries out 
the basic functions that are necessary for a court to operate to allow an individual access to 
the justice system.
2.  Prohibited employer conduct.  A public employer may not permanently replace a 
judicial employee who engages in a strike in accordance with subsection 1 because that 
employee engaged in a strike.
Nothing in this section prohibits a public employer, during a strike authorized in 
accordance with subsection 1, from requiring that the minimum necessary number of 
judicial employees report to work in order to ensure that the public health, safety and 
welfare are protected during any event or occasional combination of circumstances that 
calls for immediate action or remedy.  A judicial employee required to work during a strike 
may file a grievance.
SUMMARY
This bill allows public employees, including municipal and county employees, state 
employees and legislative employees, university, academy and community college 
employees and judicial employees, but not including employees whose duties include 
protecting public safety or judicial employees whose duties ensure an individual's 
procedural due process rights are not denied, to strike.  The bill requires that notice be given 
to the public employer stating the dates upon which the strike will begin and end.  The bill 
provides that the employee organization or public employer may call for emergency 
bargaining within 3 days prior to the intended start of the strike.  The bill prohibits a public 
employer from permanently replacing an employee because that employee engaged in a 
strike.