An Act to Protect Farm Workers by Allowing Them to Organize for the Purposes of Collective Bargaining
Maine Legislature, Session 131, LD 0525
Committee Amendment CA_A_H934 (House)

COMMITTEE AMENDMENT" f\'' to H.P. 330, L.D. 525, "An Act to Protect Farm 
Workers by Allowing Them to Organize for the Purposes of Collective Bargaining" 
Amend the bill by striking out the title and substituting the following: 
'An Act to Enact the Agricultural Employees Concerted Activity Protection Act' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 26 MRSA c. 51 is enacted to read: 
CHAPTER 51 
AGRICULTURAL EMPLOYEES CONCERTED ACTMTY PROTECTION ACT 
§3901. Purposes 
It is declared to be the public policy of this State and it is the purpose of this chapter to 
promote the improvement of the relationship between agricultural employers and their 
employees by providing a uniform basis for recognizing the right of agricultural employees 
to engage in the concerted activity protected by this chapter. It is also the public policy of 
this State and the purpose of this chapter to encourage cooperation and the voluntary 
resolution of issues between agricultural employers and their employees. to limit industrial 
strife. to promote stability in the farm labor force and to improve the economic status of 
workers and businesses. 
§3902. Definitions 
As used in this chapter, unless the context otherwise indicates. the following terms 
have the following meanings. 
1. Agricultural employee, "Agricultural employee" means a person engaged in 
agriculture and also means a person engaged in the canning: processing: preserving: 
freezing: drying: marketing: storing: packing for shipment: or distributing of: 
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A. Agricultural produce; 
B. Meat and fish products: and 
C. Perishable foods. 
This subsection may not be construed to include a person other than those employees 
excluded from the coverage under the federal National Labor Relations Act, as amended. 
as agricultural laborers, pursuant to 29 United States Code, Section 152(3). "Agricultural 
employee" includes any person whose work has ceased as a consequence of. in connection 
with or because of any prohibited practice. "Agricultural employee" includes supervisors 
but does not include any higher-level managers or those employees whose duties 
necessarily imply a confidential relationship to the agricultural employer. 
2. Agricultural employer. "Agricultural employer" means a person or entity that 
directly or indirectly engages the services or suffers or permits the work of an agricultural 
employee and includes a person acting on behalf of an agricultural employer directly or 
indirectly and a person or entity exercising control over the terms and conditions of 
employment. 
3. Agriculture, "Agriculture" means farming in all its branches and includes but is 
not limited to the cultivation and tillage of the soil; dairying; the production. cultivation. 
growing and harvesting of any agricultural or horticultural commodities, including 
commodities defined as agricultural commodities in 12 United States Code. Section 
lj(f) in effect on May 22. 2008; the raising of livestock. bees. fur-bearing animals or 
poultty: and any practices. including any forestty or lumbering operations. performed by a 
farmer or on a farm incidental to or in conjunction with farming operations. including 
preparation for market and delivery to storage. to market or to carriers for transportation to 
market. 
4. Board. "Board" means the Maine Labor Relations Board as established in section 
968, subsection 1. 
5. Concerted activity, "Concerted activity" means activity by an employee or group 
of employees to bring about change in a workplace. 
6, Executive director. "Executive director" means the Executive Director of the 
Maine Labor Relations Board as appointed in section 968. subsection 2. 
§3903, Right of agricultural employees to engage in concerted activity 
1. Right to engage in concerted activity. An agricultural employee has the right to 
engage in concerted activity for the purpose of mutual aid or protection, including. but not 
limited to: 
A. Conferring with another agricultural employee with regard to wages. working 
conditions. terms of employment or other matters related to employment; 
B. Conferring, or attempting to confer, with the agricultural employee's agricultural 
employer, or an agent or representative of that agricultural employer, with regard to 
wages. working conditions, terms of employment or other matters related to 
employment; 
C. Conferring with 3rd parties. including but not limited to representatives of 
organizations that provide social. economic. health care. legal. educational or other 
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services to agricultural employees: employees of any local, state or federal 
governmental unit or agency; and employees of any press or media entity: 
D. Publicizing complaints about wages, working conditions, terms of employment or 
other matters related to the agricultural employee's employment in a lawful manner; 
and 
E. Taking action to further or protect the rights of an agricultural employee under this 
chapter or to file or initiate, testify about, participate in the investigation of or support 
in any way a complaint about a violation of this chapter by an agricultural employer. 
2. Right to refrain. An agricultural employee may not be compelled to engage in 
concerted activity. 
§3904. Prohibited acts of agricultural employers and agricultural employees 
1. Prohibited acts of agricultural employers. An agricultural employer or a 
representative or agent of the agricultural employer may not: 
A. Interfere with, restrain, surveil, interrogate or coerce an agricultural employee with 
regard to engaging in an activity described in section 3903: or 
B. Discharge, retaliate against. discipline or otherwise discriminate against an 
agricultural employee because that agricultural employee has engaged in an activity 
described in section 3903. 
2. Prohibited acts of agricultural employees. An agricultural employee or a 
representative or agent of an agricultural employee may not: 
A. Interfere with. restrain or coerce an employee with regard to engaging in or 
refraining from an activity described in section 3903: or 
B. Cause or attempt to cause an agricultural employer to pay or deliver, or agree to pay 
or deliver, money or any other thing of value for services not performed or not to be 
performed. 
3. Violation. The board shall process any violation of this section in the manner 
provided in section 3906. 
§3905. Prevention of prohibited acts 
1. Prevention of prohibited acts; board powers. 
The board may prevent an 
agricultural employer, agricultural employee or other person from engaging in a prohibited 
act under section 3904 in accordance with this section. 
2. Complaints. An agricultural employer or an agricultural employee that believes 
that an agricultural employer, agricultural employee or any other person has engaged in or 
is engaging in a prohibited practice may file a complaint with the executive director stating 
the charges. 
The complaint may not be filed with the executive director until the 
complaining party has served a copy of the complaint upon the party named in the 
complaint. On receipt of a complaint. the executive director or the executive director's 
designee shall review the complaint to determine whether the facts as alleged constitute a 
prohibited act under section 3904. If it is determined that the facts do not. as a matter of 
law, constitute a violation of this chapter, the complaint must be dismissed by the executive 
director. subject to review by the board. If the executive director or the board determines 
that a formal hearing is necessaty, the executive director must serve upon the parties to the 
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complaint a notice of the prehearing conference and of the hearing before the board. The 
notice must include the time and place of hearing for the prehearing conference or the 
hearing, as appropriate. A hearing may not be held based upon an alleged prohibited 
practice occurring more than 6 months before the filing of the complaint with the executive 
director. The party named in the complaint has the right to file a written answer to the 
complaint and to appear in person or otherwise and give testimony at the place and time 
fixed for the hearing. In the discretion of the board, any other person or organization may 
be allowed to intervene in the proceeding and to present testimony. This subsection does 
not restrict the right of the board to require the executive director or the executive director's 
designee to hold a prehearing conference on any prohibited practice complaint prior to the 
hearing before the board and to take an action, including dismissal. to attempt to resolve 
disagreements between the parties or to recommend an order to the board, when the 
executive director determines appropriate, subject to review by the board. 
3. Cease and desist order. If. after hearing and argument, upon a preponderance of 
the evidence received, the board is of the opinion that a party named in the complaint has 
engaged in or is engaging in a prohibited practice under section 3904. the board shall state 
in writing its findings of fact and the reasons for its conclusions and issue and cause to be 
served upon that party an order requiring the party to cease and desist from the prohibited 
practice and to take affirmative action, including reinstatement of agricultural employees 
with or without back pay and making agricultural employees whole for the loss of pay 
resulting from the agricultural employer's prohibited action and to provide other relief. An 
order of the board may not require the reinstatement of an individual as an agricultural 
employee who has been suspended or discharged for cause or the payment to the 
agricultural employee of any back pay if the individual was suspended or discharged for 
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4. Dismissal of complaint. If, after hearing and argument, upon a preponderance of 
the evidence received, the board is not of the opinion that a party named in the complaint 
has engaged in or is engaging in any prohibited practice under section 3904, the board shall 
state in writing its findings of fact and the reasons for its conclusions and issue an order 
dismissing the complaint. 
5. Enforcement action; scope of review; consolidation of actions. If. after the 
issuance of an order by the board requiring a party to cease and desist or to take any other 
affirmative action. the party fails to comply with the order of the board. the party in whose 
favor the order operates or the board may file a civil action in Superior Court to compel 
compliance with the order of the board. Upon application of a party in interest or the board, 
the Superior Court may grant temporary relief or a restraining order and may impose terms 
and conditions as determined just and proper. The board's decision may not be stayed 
except when it is clearly shown to the satisfaction of the Superior Court that substantial and 
irreparable injury is likely to be sustained or that there is a substantial risk of danger to the 
public health or safety. In an action to compel compliance. the Superior Court may not 
review the action of the board other than to determine whether the board has acted in excess 
of its jurisdiction. If an action to review the decision of the board is pending at the time of 
the commencement of an action for enforcement pursuant to this subsection or is filed later, 
the enforcement action and the request for review of a board decision in the Superior Court 
must be consolidated. 
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6. Review. Either party may seek a review by the Superior Court of a decision or order 
of the board by filing a complaint in accordance with the Maine Rules of Civil Procedure, 
Rule SOC, if the complaint is filed within 15 days of the date of issuance of the board's 
decision, The complaint must be served upon the board and all parties to the board 
proceeding by certified mail, return receipt requested. Upon the filing of the complaint, 
the Superior Court shall schedule the hearing and notify all interested parties and the board. 
Pending review and upon application of an interested party. the Superior Court may grant 
temporary relief or a restraining order and impose terms and conditions that the Superior 
Court determines just and proper, including back pay and compensation for actual and 
consequential losses except that the board's decision or order is not stayed unless it is 
clearly shown to the satisfaction of the Superior Court that substantial and irreparable injury 
will be sustained or that there is a substantial risk of danger to the public health or safety. 
The executive director shall immediately file in the Superior Court the record in the 
proceeding certified by the executive director or a member of the board. The record must 
include all documents filed in the proceeding and the transcript, if any. A hearing must be 
held after notice. and after the hearing the Superior Court may enforce, modify. enforce as 
modified or set aside in whole or in part the decision or order of the board, except that the 
findings of the board on questions of fact are final unless shown to be clearly erroneous. 
An appeal to the Supreme Judicial Court must be the same as an appeal from an 
interlocutory order under section 6. 
7. Privileges seeking injunctive relief. In a judicial proceeding authorized by this 
section in which injunctive relief is sought. subsections 5 and 6 apply. except that an 
allegation or proof of unavoidable substantial and irreparable injury to the complainant's 
property is not required to obtain a temporary restraining order or injunction. 
§3906. Hearings 
1. Hearings; rules of evidence; evidence. Hearings conducted by the board must be 
informal and the rules of evidence prevailing in judicial proceedings are not binding. Any 
documenta1y evidence and other evidence determined to be relevant by the board may be 
received, 
2. Subpoenas; evidence; witness fees. The chair of the board may administer oaths 
and require by subpoena the attendance and testimony of witnesses and the presentation of 
books, records and other evidence relative or pertinent to the issues presented to the board 
for determination. Witnesses subpoenaed by the board are allowed the same fees paid to 
witnesses in the Superior Court. These fees, together with all necessary expenses of the 
board. must be paid by the Treasurer of State on warrants drawn by the State Controller. 
§3907. Federal precedents 
The board shall consult precedents under the federal National Labor Relations Act. as 
amended, as appropriate.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
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COMMITTEE AMENDMENT "A" to H.P. 330, L.D. 525 
SUMMARY 
This amendment replaces the bill and changes the title. The amendment enacts the 
Agricultural Employees Concerted Activity Protection Act, which gives employees of 
agricultural employers the right to engage in certain concerted activity. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/03/24 feae!. 
LD 525 
LR 168(02) 
An Act to Protect Farm Workers by Allowing Them to Organize for the Purposes of Collective 
Bargaining 
Fiscal Note for Bill as Amended by Committe.e Amendment'~ {+t-CC3L/) 
, 
Committee: Labor and Housing 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor revenue increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
This bill may increase the number of civil suits filed in the court system. The additional workload associated with the 
minimal number of new cases filed in the court system does not require additional funding at this time. The collection 
of additional filing fees will increase General Fund revenue by minor amounts, 
Fiscal Detail and Notes 
Additional costs to the Maine Labor Relations Board to implement the requirements of this legislation can be 
absorbed within existing budgeted resources. Revenue from penalties assessed due to nonpayment of a party's share 
of the cost of services provided by the State Board of Arbitration and Conciliation is expected to be minor. 
LR0 168(02) - Fiscal Note - Page 1 of 1