An Act to Improve Maine's Labor Laws by Changing the Laws Governing Elections of Collective Bargaining Agents for Certain Public Employees
Maine Legislature, Session 131, LD 2032
Committee: Labor and Housing
Sponsors: TIPPING
Amends: 26 MRSA §979-F, 26 MRSA §1025, 26 MRSA §1287

Legislative Document
No. 2032
S.P. 860
In Senate, December 13, 2023
An Act to Improve Maine's Labor Laws by Changing the Laws 
Governing Elections of Collective Bargaining Agents for Certain 
Public Employees
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Secretary of the Senate on December 11, 2023.  Referred to the Committee 
on Labor and Housing pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator TIPPING of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §979-F, as amended by PL 1981, c. 277, is further amended to 
read:
§979-F.  Determination of bargaining agent
1.  Voluntary recognition.  Any state employee organization may file a request with 
the public employer alleging that a majority of the state employees in an appropriate 
bargaining unit wish to be represented for the purpose of collective bargaining between the 
public employer and the employees' organization. Such The request shall must describe the 
grouping of jobs or positions which that constitute the unit claimed to be appropriate and 
shall must include a demonstration of majority support. Such The request for recognition 
shall may be granted by the public employer unless the public employer desires that an 
election determine whether the organization represents a majority of the members in the 
bargaining unit.
1-A.  Majority sign-up.  If a request by a state employee organization for recognition 
pursuant to subsection 1 is not granted by the public employer, the executive director or 
the executive director's designee shall examine the demonstration of support.  If the 
executive director or the executive director's designee finds that a majority of the 
employees in a unit appropriate for bargaining have signed valid authorizations designating 
the employees' organization specified in the petition as their bargaining representative and 
that no other individual or labor organization is currently certified or recognized as the 
exclusive representative of any of the employees in the unit, the board may not direct an 
election but shall certify the employees' organization as the representative. However, if the 
majority status of the employees in the appropriate unit is in question, the executive director 
or the executive director's designee shall call an election to determine whether the 
organization represents a majority of the members in the bargaining unit.
2.  Elections. 
A.  The executive director of the board, or his the executive director's designee upon 
signed request of a public employer alleging that one or more state employees or state 
employee organizations have presented to it a claim to be recognized as the 
representative of a bargaining unit of state employees, pursuant to subsection 1-A, or 
upon signed petition of at least 30% of a bargaining unit of state employees that they 
desire to be represented by an organization, shall conduct a secret ballot election to 
determine whether the organization represents a majority of the members of the 
bargaining unit. Such an The election may be conducted at suitable work locations or 
through the United States mail provided, nevertheless, that and the procedures adopted 
and employed by the Maine Labor Relations Board shall maintain the anonymity of 
the voter from both board must ensure that neither the employee organizations and nor 
the management representatives involved in the election have access to information 
that would identify a voter.
B.  The ballot shall must contain the name of such the organization under paragraph A 
and that of any other organization showing written proof of at least 10% representation 
of the state employees within the unit, together with a choice for any state employee to 
designate that he the state employee does not desire to be represented by any bargaining 
agent. Where When more than one organization is on the ballot and no one of the 3 or 
more choices receives a majority vote of the state employees voting, a run-off election 
shall must be held. The run-off ballot shall must contain the 2 choices which that 
received the largest and 2nd largest number of votes. When an organization receives 
the majority of votes of those voting, the executive director of the board or the 
executive director's designee shall certify it the organization as the bargaining agent. 
The bargaining agent certified as representing a bargaining unit shall must be 
recognized by the public employer as the sole and exclusive bargaining agent for all of 
the employees in the bargaining unit unless and until a decertification election by secret 
ballot shall be is held and the bargaining agent declared by the executive director of 
the board as not representing a majority of the unit.
C.  Whenever 30% of the employees in a certified bargaining unit petition for a 
bargaining agent to be decertified, the procedures for conducting an election on the 
question shall be of decertification are the same as for representation as a bargaining 
agent hereinbefore set forth as established in this subsection.
D.  No A question concerning representation may not be raised within one year of a 
certification or attempted certification. Where When there is a valid collective 
bargaining agreement in effect, no a question concerning unit or representation may 
not be raised except during the period not more than 90 days nor less than 60 days prior 
to the expiration date of the agreement. Unit clarification proceedings are not subject 
to this time limitation and may be brought at any time consistent with section 979‑E, 
subsection 3.
E.  The bargaining agent certified by the executive director of the board or his the 
executive director's designee as the exclusive bargaining agent shall be required to 
represent all the public state employees within the unit without regard to membership 
in the organization certified as the bargaining agent, provided except that any public 
state employee at any time may present his that state employee's grievance to the public 
employer and have such that grievance adjusted without the intervention of the 
bargaining agent, if the adjustment is not inconsistent with the terms of a collective 
bargaining agreement then in effect and if the bargaining agent's representative has 
been given reasonable opportunity to be present at any meeting of the parties called for 
the resolution of such the grievance.
Sec. 2.  26 MRSA §1025, as corrected by RR 2021, c. 2, Pt. A, §91, is amended to 
read:
§1025.  Determination of bargaining agent
1.  Voluntary recognition.  An A university, academy or community college employee 
organization may file a request with the university, academy or community colleges 
alleging that a majority of the university, academy or community college employees in an 
appropriate bargaining unit as established in section 1024‑A wish to be represented for the 
purpose of collective bargaining between the university, academy or community colleges 
and the employees' organization. Such The request must describe the grouping of jobs or 
positions that constitute the unit claimed to be appropriate and must include a 
demonstration of majority support. Such The request for recognition must may be granted 
by the university, academy or community colleges unless the university, academy or 
community colleges desire that an election determine whether the organization represents 
a majority of the members in the bargaining unit. In the event that the request for 
recognition is granted by the university, academy or community colleges, the executive 
director shall certify the organization so recognized as the bargaining agent.
1-A.  Majority sign-up.  If a request by a university, academy or community college 
employee organization for recognition pursuant to subsection 1 is not granted by the 
university, academy or community college, the executive director or the executive 
director's designee shall examine the demonstration of support.  If the executive director or 
the executive director's designee finds that a majority of the employees in a unit appropriate 
for bargaining have signed valid authorizations designating the employees' organization 
specified in the petition as their bargaining representative and that no other individual or 
labor organization is currently certified or recognized as the exclusive representative of any 
of the employees in the unit, the board may not direct an election but shall certify the 
employees' organization as the representative. However, if the majority status of the 
employees in the appropriate unit is in question, the executive director or the executive 
director's designee shall call an election to determine whether the organization represents 
a majority of the members in the bargaining unit.
2.  Elections. 
A.  The executive director of the board, upon signed request of the university, academy 
or community college alleging that one or more university, academy or community 
college employees or employee organizations have presented to it a claim to be 
recognized as the representative of a bargaining unit of university, academy or 
community college employees or the executive director's designee, pursuant to 
subsection 1-A, or upon signed petition of at least 30% of a bargaining unit of 
university, academy or community college employees that they desire to be represented 
by an organization, shall conduct a secret ballot election to determine whether the 
organization represents a majority of the members of the bargaining unit.  Such an The 
election may be conducted at suitable work locations or through the United States mail, 
and the procedures adopted and employed must ensure that neither the employee 
organizations or nor the management representatives involved in the election have 
access to information that would identify a voter.
B.  The ballot shall must contain the name of such the organization under paragraph A 
and that of any other organization showing written proof of at least 10% representation 
of the university, academy or community college employees within the unit, together 
with a choice for any university, academy or community college employee to designate 
that the employee does not desire to be represented by any bargaining agent. Where 
When more than one organization is on the ballot, and no one of the 3 or more choices 
receives a majority vote of the university, academy or community college employees 
voting, a run-off election shall must be held. The run-off ballot shall must contain the 
choices which that received the largest and 2nd largest number of votes. When an 
organization receives the majority of votes of those voting, the executive director or 
the executive director's designee shall certify it the organization as the bargaining 
agent. The bargaining agent certified as representing a bargaining unit shall must be 
recognized by the university, academy or community colleges as the sole and exclusive 
bargaining agent for all of the employees in the bargaining unit unless and until a 
decertification election by secret ballot shall be is held and the bargaining agent 
declared by the executive director as not representing a majority of the unit.
C.  Whenever 30% of the employees in a bargaining unit petition for a bargaining agent 
to be decertified, the procedures for conducting an election on the question shall be of 
decertification are the same as for representation as a bargaining agent hereinbefore set 
forth as established in this subsection.
D.  No A question concerning representation may not be raised within one year of a 
certification or attempted certification. Where When there is a valid collective 
bargaining agreement in effect, no a question concerning unit or representation may 
not be raised except during the period not more than 90 days nor less than 60 days prior 
to the expiration date of the agreement.
E.  The bargaining agent certified by the executive director or a the executive director's 
designee as the exclusive bargaining agent for a unit is required to shall represent all 
the university, academy or community college employees within the unit without 
regard to membership in the organization certified as the bargaining agent, except that 
any university, academy or community college employee may present at any time that 
employee's grievance to the employer university, academy or community college and 
have that grievance adjusted without the intervention of the bargaining agent, if the 
adjustment is not inconsistent with the terms of any collective bargaining agreement 
then in effect and if the bargaining agent's representative has been given reasonable 
opportunity to be present at any meeting of the parties called for the resolution of that 
grievance.
Sec. 3.  26 MRSA §1287, as enacted by PL 1983, c. 702, is amended to read:
§1287.  Determination of bargaining agent
1.  Voluntary recognition.  Any judicial employee organization may file a request 
with the public employer alleging that a majority of the judicial employees in an appropriate 
bargaining unit wish to be represented for the purpose of collective bargaining between the 
public employer and the employees' organization.  The request shall must describe the 
grouping of jobs or positions which that constitute the unit claimed to be appropriate and 
shall must include a demonstration of majority support.  The request for recognition shall 
may be granted by the public employer, unless the public employer desires that an election 
determine whether the organization represents a majority of the members in the bargaining 
unit.
1-A.  Majority sign-up.  If a request by a judicial employee organization for 
recognition pursuant to subsection 1 is not granted by the public employer, the executive 
director or the executive director's designee shall examine the demonstration of support.  If 
the executive director or the executive director's designee finds that a majority of the 
employees in a unit appropriate for bargaining have signed valid authorizations designating 
the employees' organization specified in the petition as their bargaining representative and 
that no other individual or labor organization is currently certified or recognized as the 
exclusive representative of any of the employees in the unit, the board may not direct an 
election but shall certify the employees' organization as the representative. However, if the 
majority status of the employees in the appropriate unit is in question, the executive director 
or the executive director's designee shall call an election to determine whether the 
organization represents a majority of the members in the bargaining unit.
2.  Elections.  The executive director of the board, or his the executive director's 
designee, upon signed request of a public employer alleging that one or more judicial 
employees or judicial employee organizations have presented to it a claim to be recognized 
as the representative of a bargaining unit of judicial employees pursuant to subsection 1-A, 
or upon signed petition of at least 30% of a bargaining unit of judicial employees that they 
desire to be represented by an organization, shall conduct a secret ballot election to 
determine whether the organization represents a majority of the members of the bargaining 
unit.  Such an The election may be conducted at suitable work locations or through the 
United States mail, provided that and the procedures adopted and employed by the board 
shall maintain the anonymity of the voter from both must ensure that neither the employee 
organizations and nor the management representatives involved in the election have access 
to information that would identify a voter.
3.  Voting. 
A.  The ballot shall must contain the name of the organization and that of any other 
organization showing written proof of at least 10% representation of the judicial 
employees within the unit, together with a choice for any judicial employee to 
designate that he the judicial employee does not desire to be represented by any 
bargaining agent.  When more than one organization is on the ballot and no one of the 
or more choices receives a majority vote of the judicial employees voting, a runoff 
run-off election shall must be held.  The runoff run-off ballot shall must contain the 2 
choices which that received the largest and 2nd largest number of votes.  When an 
organization receives the majority of votes of those voting, the executive director of 
the board or the executive director's designee shall certify it the organization as the 
bargaining agent.  The bargaining agent certified as representing a bargaining unit shall 
must be recognized by the public employer as the sole and exclusive bargaining agent 
for all of the employees in the bargaining unit, unless and until a decertification election 
by secret ballot shall be is held and the bargaining agent declared by the executive 
director of the board as not representing a majority of the unit.
B.  Whenever 30% of the employees in a certified bargaining unit petition for a 
bargaining agent to be decertified, the procedures for conducting an election on the 
question shall be of decertification are the same as for representation as a bargaining 
agent as set forth established in this chapter section.
C.  No A question concerning representation may not be raised within one year of a 
certification or attempted certification.  Where When there is a valid collective 
bargaining agreement in effect, no a question concerning unit or representation may 
not be raised, except during the period not more than 90 days nor less than 60 days 
prior to the expiration date of the agreement.  Unit clarification proceedings are not 
subject to this time limitation and may be brought at any time consistent with section 
1286, subsection 4.
D.  The bargaining agent certified by the executive director of the board or his the 
executive director's designee as the exclusive bargaining agent shall be required to 
represent all the judicial employees within the unit without regard to membership in 
the organization certified as the bargaining agent, provided except that any judicial 
employee at any time may present his that judicial employee's grievance to the public 
employer and have that grievance adjusted without the intervention of the bargaining 
agent, if the adjustment is not inconsistent with the terms of a collective bargaining 
agreement then in effect and if the bargaining agent's representative has been given 
reasonable opportunity to be present at any meeting of the parties called for the 
resolution of that grievance.
SUMMARY
This bill amends the labor relations laws governing state employees, judicial 
employees and university, academy and community college employees. In current law, 
when such employees in a collective bargaining unit file a request with their public 
employer to be represented by a certain organization as their collective bargaining agent, 
the public employer is authorized to request an election from the Maine Labor Relations 
Board in order to determine whether the organization indeed represents a majority of the 
members in the collective bargaining unit. As in the laws governing municipal employees, 
the bill requires an election in such cases only if, after examining the demonstration of 
majority support, the Maine Labor Relations Board finds majority support for the 
organization to be in question.