An Act To Ensure the Right To Work without Payment of Dues or Fees to a Labor Union
Maine Legislature, Session 130, LD 0097
Committee: Labor and Housing
Sponsors: FAULKINGHAM, STEWART, ANDREWS, CONNOR, GRIGNON, LIBBY, LYFORD, SAMPSON
Amends: 26 MRSA §963, 26 MRSA §979-B, 26 MRSA §1023, 26 MRSA §1283

Legislative Document
No. 97
H.P. 63
House of Representatives, January 13, 2021
An Act To Ensure the Right To Work without Payment of Dues or 
Fees to a Labor Union
Received by the Clerk of the House on January 11, 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 FAULKINGHAM of Winter Harbor.
Cosponsored by Senator STEWART of Aroostook and
Representatives: ANDREWS of Paris, CONNOR of Lewiston, GRIGNON of Athens, LIBBY 
of Auburn, LYFORD of Eddington, SAMPSON of Alfred.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §963, sub-§2, as enacted by PL 2007, c. 415, §2, is amended to 
read:
2.  Not join a union and not pay union dues.  Refrain from joining or participating 
in the activities of organizations for the purposes of representation and collective 
bargaining, except that an employee may be required to pay to the organization that is the 
bargaining agent for the employee a service fee that represents the employee's pro rata share 
of those expenditures that are germane to the organization's representational activities and 
refrain from paying any dues, fees, assessments or other similar charges, however 
denominated, of any kind or amount to a labor organization or to a 3rd party or charity in 
lieu of payment to a labor organization.
Sec. 2.  26 MRSA §979-B, sub-§2, as enacted by PL 2007, c. 415, §6, is amended 
to read:
2.  Not join a union and not pay union dues.  Refrain from joining or participating 
in the activities of organizations for the purposes of representation and collective 
bargaining, except that an employee may be required to pay to the organization that is the 
bargaining agent for the employee a service fee that represents the employee's pro rata share 
of those expenditures that are germane to the organization's representational activities and 
refrain from paying any dues, fees, assessments or other similar charges, however 
denominated, of any kind or amount to a labor organization or to a 3rd party or charity in 
lieu of payment to a labor organization.
Sec. 3.  26 MRSA §1023, sub-§2, as enacted by PL 2007, c. 415, §10, is amended 
to read:
2.  Not join a union and not pay union dues.  Refrain from joining or participating 
in the activities of organizations for the purposes of representation and collective 
bargaining, except that an employee may be required to pay to the organization that is the 
bargaining agent for the employee a service fee that represents the employee's pro rata share 
of those expenditures that are germane to the organization's representational activities and 
refrain from paying any dues, fees, assessments or other similar charges, however 
denominated, of any kind or amount to a labor organization or to a 3rd party or charity in 
lieu of payment to a labor organization.
Sec. 4.  26 MRSA §1283, sub-§2, as enacted by PL 2007, c. 415, §15, is amended 
to read:
2.  Not join a union and not pay union dues.  Refrain from joining or participating 
in the activities of organizations for the purposes of representation and collective 
bargaining, except that an employee may be required to pay to the organization that is the 
bargaining agent for the employee a service fee that represents the employee's pro rata share 
of those expenditures that are germane to the organization's representational activities and 
refrain from paying any dues, fees, assessments or other similar charges, however 
denominated, of any kind or amount to a labor organization or to a 3rd party or charity in 
lieu of payment to a labor organization.
Sec. 5.  26 MRSA c. 47 is enacted to read:
CHAPTER 47
RIGHT TO REFRAIN FROM JOINING A UNION
§3701.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Employer.  "Employer" means a person, firm, association, corporation, public 
employer, public school employer, public college, public university, public institution or 
public education agency.
2.  Labor organization.  "Labor organization" means an organization, agency or 
employee representation committee or union that exists for the purpose, in whole or in part, 
of negotiating or bargaining with employers on behalf of employees concerning wages, 
rates of pay, hours of work, other conditions of employment or other forms of 
compensation.
§3702.  Right to refrain
Notwithstanding any law to the contrary, a person may not be required, as a condition 
of employment or continuation of employment, to:
1.  Member.  Become or remain a member of a labor organization;
2.  Dues.  Pay any dues, fees, assessments or other similar charges, however 
denominated, of any kind or amount to a labor organization; or
3.  Payment to 3rd party.  Pay to a charity or other 3rd party, in lieu of payments 
specified in subsection 2, any amount equivalent to or a pro rata portion of dues, fees, 
assessments or other charges required of members of a labor organization.
§3703.  Agreements in violation
An agreement, understanding or practice, written or oral, implied or expressed, 
between a labor organization and an employer that violates a provision of this chapter is 
unlawful, void and of no legal effect.
§3704.  Penalty
A person who directly or indirectly violates a provision of this chapter commits a Class 
D crime.
§3705.  Injunctive relief
A person injured as a result of another person's violation or threatened violation of a 
provision of this chapter is entitled to injunctive relief against the person violating or 
threatening to violate this chapter.
§3706.  Damages
A person injured as a result of a violation or threatened violation of a provision of this 
chapter may recover all damages, including court costs and reasonable attorney's fees, 
resulting from the violation or threatened violation. A recovery of damages under this 
section is independent of and in addition to the penalty provided in section 3704.
§3707.  Duty to investigate and enforce
The Attorney General shall investigate complaints of a violation or threatened violation 
of this chapter and shall prosecute any person violating any of its provisions. The Attorney 
General shall use all means available to ensure effective enforcement of this chapter.
§3708.  Jurisdiction
The Superior Court has jurisdiction to hear and decide prosecutions of all offenses 
under this chapter.
§3709.  Exceptions
This chapter does not apply to the following:
1.  Federal Railway Labor Act.  Employers and employees covered by the federal 
Railway Labor Act, 45 United States Code, Chapter 8;
2.  Federal employers and employees.  Federal employers and employees;
3.  Federal enclaves.  Employers and employees on federal enclaves; or
4.  Federal preemption or conflict.  Federal law when the provisions of this chapter 
conflict with or are otherwise preempted by that federal law.
SUMMARY
This bill prohibits a person, either in the public or private sector, from being required 
to join a labor organization or pay any labor organization dues or fees as a condition of 
employment or continuation of employment, notwithstanding any state law to the contrary.  
A violation is a Class D crime and is also subject to civil damages and injunctive relief.  
The Attorney General is responsible for enforcement and is required to prosecute all 
violations.