An Act Regarding Collective Bargaining Negotiations by Public Employers of Teachers
Maine Legislature, Session 130, LD 0052
Committee: Labor and Housing
Sponsors: BRENNAN
Amends: 26 MRSA §965

Legislative Document
No. 52
H.P. 18
House of Representatives, January 13, 2021
An Act Regarding Collective Bargaining Negotiations by Public 
Employers of Teachers
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 BRENNAN of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §965, sub-§1, ¶C, as amended by PL 2009, c. 107, §5, is further 
amended to read:
C.  To confer and negotiate in good faith with respect to wages, hours, working 
conditions and contract grievance arbitration, except that by such obligation neither 
party may be compelled to agree to a proposal or be required to make a concession and 
except that public employers of teachers shall in accordance with subsection 1-A meet 
and consult but not negotiate with respect to educational policies, except that 
educational policies related to preparation and planning time and transfer of teachers 
are permissive subjects of negotiation; for the purpose of this paragraph, educational 
policies may not include wages, hours, working conditions or contract grievance 
arbitration;
Sec. 2.  26 MRSA §965, sub-§1-A is enacted to read:
1-A.  Meet and consult.  The obligation of public employers of teachers and the 
bargaining agent to meet and consult under subsection 1, paragraph C is governed by this 
subsection.
A.  A public employer of teachers shall give written notice to the bargaining agent 
when a change in educational policy is planned by the public employer of teachers.  
Upon receipt of the written notice, the bargaining agent may initiate the meet and 
consult process by notifying the public employer of teachers, including the 
superintendent.  The public employer of teachers may also initiate the meet and consult 
process by notifying the bargaining agent.
B.  The public employer of teachers shall, upon receipt of a request from the bargaining 
agent, provide to the bargaining agent information necessary for the bargaining agent 
and the employees to understand the planned change and make suggestions or express 
concerns about the planned change.
C.  When notice to initiate the meet and consult process is given under paragraph A, 
authorized representatives of the public employer of teachers and the bargaining agent 
shall meet and consult at reasonable times and places about the planned change.  The 
parties shall meet and consult openly, honestly and in good faith, and the public 
employer of teachers shall consider the employees' suggestions and concerns.
D.  The authorized representatives of the public employer of teachers shall give full 
and fair consideration to the employees' suggestions and concerns before the change in 
educational policy is implemented, and the public employer of teachers shall decide in 
good faith whether employees' suggestions or concerns can be accommodated.
E.  The bargaining agent may initiate the meet and consult process by notifying the 
public employer of teachers when an existing educational policy of the public employer 
is changed by practice or if the written notice required under paragraph A is 
inadvertently omitted.
SUMMARY
Current law provides that public employers of teachers must meet and consult but not 
negotiate with respect to educational policies.  This bill provides that educational policies 
related to preparation and planning time and transfer of teachers are permissive subjects of 
negotiation if both parties agree.
This bill also specifies the obligation of public employers of teachers regarding the 
meet and consult process.  It is the intent of the amendment to put in statute the meet and 
consult process as outlined in Southern Aroostook Teachers Association v. Southern 
Aroostook Community School Committee, MLRB No. 80-35, 80-40 (April 14, 1982).  In 
addition, the bill provides that the bargaining agent may initiate the meet and consult 
process by notifying the public employer of teachers when an existing educational policy 
of the public employer of teachers is changed by practice or if the written notice required 
from the public employer of teachers is inadvertently omitted.