reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 6-C: PAID FAMILY AND MEDICAL LEAVE › 26 §850-L. Disqualification of covered individual

§850-L. Disqualification of covered individual
1.  False statement; misrepresentation.
A covered individual is disqualified from family leave benefits and medical leave benefits for one year if the individual is determined by the department to have willfully made a false statement or misrepresentation regarding a material fact, or willfully failed to report a material fact, to obtain benefits under this subchapter.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
2.  Erroneous payment.
If family leave benefits or medical leave benefits are paid erroneously or as the result of willful misrepresentation or a claim for family leave benefits or medical leave benefits is rejected after benefits are paid, the department may seek repayment of benefits from the recipient. The department shall exercise discretion to waive, in whole or in part, the amount of any such payments if the recovery would be against equity and good conscience.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
SECTION HISTORY
PL 2023, c. 412, Pt. AAA, §7 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 6-C: PAID FAMILY AND MEDICAL LEAVE › 26 §850-M. Tax treatment

§850-M. Tax treatment
1.  Federal tax.
If the federal Internal Revenue Service determines that family leave benefits or medical leave benefits under this subchapter are subject to federal income tax, the department shall advise an individual filing a new claim for family leave benefits or medical leave benefits, at the time the individual files the claim, that:
A. The federal Internal Revenue Service has determined that benefits are subject to federal income tax;   [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
B. Requirements exist pertaining to estimated tax payments;   [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
C. The individual may elect to have federal income tax deducted and withheld from the individual's payment of benefits in the amount specified in the United States Internal Revenue Code of 1986; and   [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
D. The individual is permitted to change a previously elected withholding status.   [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
2.  Conformity to Internal Revenue Service procedures.
The department shall follow all procedures specified by the federal Internal Revenue Service pertaining to the deducting and withholding of income tax.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
3.  Rules.
The department, in consultation with the Department of Administrative and Financial Services, Bureau of Revenue Services, shall adopt rules regarding federal and state tax treatment and related procedures regarding family leave benefits and medical leave benefits and the sharing of necessary information between the department and the Bureau of Revenue Services.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
SECTION HISTORY
PL 2023, c. 412, Pt. AAA, §7 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 6-C: PAID FAMILY AND MEDICAL LEAVE › 26 §850-N. Data collection and technology

§850-N. Data collection and technology
The administrator shall use state data collection procedures and technology to the extent possible to integrate the program with existing state policies.   [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
SECTION HISTORY
PL 2023, c. 412, Pt. AAA, §7 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 6-C: PAID FAMILY AND MEDICAL LEAVE › 26 §850-P. Implementation

§850-P. Implementation
Contributions must begin January 1, 2025 to provide funds for the fund. The administrator shall begin processing claims on May 1, 2026, except that, by February 1, 2026, the authority shall conduct an actuarial study to ensure the solvency of the fund in order to begin processing claims on May 1st. If additional contributions are required based on the results of the actuarial study, the authority, through a majority vote, may require a one-time suspension of claims payments of no longer than 3 months.   [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
The administrator shall establish reasonable procedures and forms for filing claims for benefits under this subchapter and shall specify what supporting documentation is necessary to support a claim for benefits, including documentation required from a health care provider for proof of a serious health condition.   [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
SECTION HISTORY
PL 2023, c. 412, Pt. AAA, §7 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 6-C: PAID FAMILY AND MEDICAL LEAVE › 26 §850-Q. Rulemaking

§850-Q. Rulemaking
The department shall adopt rules as necessary to implement this subchapter. Initial rules necessary for implementation of this subchapter must be adopted by the department by January 1, 2025. Rules adopted pursuant to this subchapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
SECTION HISTORY
PL 2023, c. 412, Pt. AAA, §7 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 6-C: PAID FAMILY AND MEDICAL LEAVE › 26 §850-R. Effect of existing employer benefits for family and medical leave

§850-R. Effect of existing employer benefits for family and medical leave
This subchapter may not be construed to prohibit an employee entitled to receive benefits for family leave or medical leave under a collective bargaining agreement or employer policy from also receiving benefits under this subchapter as long as the employee is otherwise eligible for benefits under this subchapter.   [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
SECTION HISTORY
PL 2023, c. 412, Pt. AAA, §7 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 7: STRIKEBREAKERS › 26 §851. Policy

§851. Policy
It is declared to be the policy of the State, in the exercise of its police power for the protection of the public safety and for the maintenance of peace and good order and for the promotion of the state's trade, commerce and manufacturing, to assure all persons involved in labor strikes or lockouts, freedom of speech and freedom from bodily harm and to prohibit the occasion of violence and disorder and in furtherance of these policies, to prohibit the recruitment and furnishing of professional strikebreakers to replace the employees involved in labor strikes or lockouts.   [PL 1965, c. 189 (NEW).]
SECTION HISTORY
PL 1965, c. 189 (NEW). PL 1965, c. 394 (NEW). PL 1965, c. 513, §46 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 7: STRIKEBREAKERS › 26 §852. Employment of replacements prohibited

§852. Employment of replacements prohibited
No person, partnership, union, agency, firm or corporation or officer, employee or agent thereof shall recruit, procure, supply or refer any person for employment who customarily and repeatedly offers himself for employment in place of any employee involved in a labor, strike or lockout in which such person, partnership, union, agency, firm or corporation is not directly involved.   [PL 1965, c. 189 (NEW).]
SECTION HISTORY
PL 1965, c. 189 (NEW). PL 1965, c. 394 (NEW). PL 1965, c. 513, §46 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 7: STRIKEBREAKERS › 26 §853. Arrangements

§853. Arrangements
No person, partnership, union, firm or corporation involved in a labor, strike or lockout shall, directly or indirectly, employ in the place of an employee involved in such strike or lockout any person who customarily and repeatedly offers himself for employment in the place of employees involved in a labor strike or lockout, or contract or arrange with any other person, partnership, union, agency, firm or corporation to recruit, procure, supply or refer persons for employment who customarily and repeatedly offers themselves for employment in place of employees involved in such labor, strike or lockout.   [PL 1965, c. 189 (NEW).]
SECTION HISTORY
PL 1965, c. 189 (NEW). PL 1965, c. 394 (NEW). PL 1965, c. 513, §46 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 7: STRIKEBREAKERS › 26 §854. Offers

§854. Offers
No person who customarily and repeatedly offers himself for employment in place of employees involved in a labor, strike or lockout shall take or offer to take the place of employment of any employee involved in a labor, strike or lockout.   [PL 1965, c. 189 (NEW).]
SECTION HISTORY
PL 1965, c. 189 (NEW). PL 1965, c. 394 (NEW). PL 1965, c. 513, §46 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 7: STRIKEBREAKERS › 26 §855. Evidence

§855. Evidence
It shall be prima facie evidence that a person customarily and repeatedly offers himself for employment in place of employees involved in a labor, strike or lockout, if such person shall have 2 times before offered to take the place of employment of persons involved in labor, strikes or lockouts.   [PL 1965, c. 189 (NEW).]
SECTION HISTORY
PL 1965, c. 189 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 7: STRIKEBREAKERS › 26 §856. Penalty

§856. Penalty
Any person, partnership, union, agency, firm or corporation or any officer, employee or agent thereof, who or which shall willfully and knowingly violate any provision of this subchapter, for each violation, shall be punished by a fine of not more than $300 for any such offense, or by imprisonment for not more than 180 days, or by both.   [PL 1965, c. 189 (NEW).]
SECTION HISTORY
PL 1965, c. 189 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 8: FAIR EMPLOYMENT PRACTICE ACT › 26 §861. Right to freedom from discrimination in employment (REPEALED)

§861. Right to freedom from discrimination in employment
(REPEALED)
SECTION HISTORY
PL 1965, c. 513, §47 (NEW). PL 1971, c. 501, §3 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 8: FAIR EMPLOYMENT PRACTICE ACT › 26 §862. Unlawful employment practices (REPEALED)

§862. Unlawful employment practices
(REPEALED)
SECTION HISTORY
PL 1965, c. 513, §47 (NEW). PL 1971, c. 501, §3 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 8: FAIR EMPLOYMENT PRACTICE ACT › 26 §863. Procedure (REPEALED)

§863. Procedure
(REPEALED)
SECTION HISTORY
PL 1965, c. 513, §47 (NEW). PL 1971, c. 501, §3 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 8: FAIR EMPLOYMENT PRACTICE ACT › 26 §864. Penalty (REPEALED)

§864. Penalty
(REPEALED)
SECTION HISTORY
PL 1965, c. 513, §47 (NEW). PL 1971, c. 501, §3 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 9: FOREIGN LABORERS; LOGGING › 26 §871. Illegal employment of aliens

§871. Illegal employment of aliens
1.  Prohibition.
No employer shall knowingly employ any alien in this State who has not been lawfully admitted to the United States for permanent residence, unless the employment of the alien is authorized by the United States Immigration and Naturalization Service.
[PL 1977, c. 116 (NEW).]
1-A.  Violation.
Upon conviction of a violation of subsection 1, an employer may not employ aliens granted permission to work temporarily under 8 United States Code, Section 1101(a)(15)(H)(ii)(a) in this State for 2 years.
[PL 2009, c. 637, §1 (NEW).]
2.  Penalty.
Violation of subsection 1 or 1‑A is a Class E crime. It is an affirmative defense to prosecution under subsection 1 that the employer, before employing or referring a person for employment, made a good faith inquiry as to whether that person was a United States citizen or an alien, and if the inquiry reasonably indicated that the person was an alien, the employer made a further good faith inquiry that reasonably indicated that the alien was lawfully admitted to the United States for permanent residence or that the United States Immigration and Naturalization Service had authorized the alien to accept employment in the United States.
A. A good faith inquiry under this subsection must be in writing. An employment application form that requests citizenship data, or an alien registration number if the applicant is an alien, meets the requirement of a good faith inquiry in writing.   [PL 2009, c. 637, §2 (AMD).]
B. A social security account number card is not considered evidence of the United States Immigration and Naturalization Service's authorization for an alien to accept employment in the United States.   [PL 2009, c. 637, §2 (AMD).]
[PL 2009, c. 637, §2 (AMD).]
3.  Regulations.
The Commissioner of Labor shall promulgate regulations specifying the procedure to be followed by each employer to ensure compliance with subsection 1. These regulations shall include provisions for reporting violations of subsection 1 to the Attorney General and the United States Immigration and Naturalization Service.
[PL 1981, c. 168, §25 (AMD).]
SECTION HISTORY
PL 1977, c. 116 (NEW). PL 1981, c. 168, §25 (AMD). PL 2009, c. 637, §§1, 2 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 9: FOREIGN LABORERS; LOGGING › 26 §874. Fund established (REPEALED)

§874. Fund established
(REPEALED)
SECTION HISTORY
PL 2009, c. 637, §11 (NEW). PL 2011, c. 620, §3 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 11: VETERAN PREFERENCE › 26 §876. Short title

§876. Short title
This subchapter may be known and cited as "the Voluntary Veteran Preference Employment Policy Act."   [PL 2013, c. 576, §4 (NEW).]
SECTION HISTORY
PL 2013, c. 576, §4 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 11: VETERAN PREFERENCE › 26 §877. Definitions

§877. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2013, c. 576, §4 (NEW).]
1.  DD Form 214.
"DD Form 214" means an Armed Forces Report of Transfer or Discharge or its predecessor or successor forms.
[PL 2013, c. 576, §4 (NEW).]
2.  Private employer.
"Private employer" means a sole proprietor, corporation, partnership, limited liability company or other entity with one or more employees. "Private employer" does not include the State, a county, a municipality, a township, a school district or a public institution of higher education.
[PL 2013, c. 576, §4 (NEW).]
3.  Veteran.
"Veteran" means a person who has served on active duty in the United States Armed Forces, or has served in the national guard of any state or the Reserves of the United States Armed Forces, and was discharged or released with an honorable discharge.
[PL 2013, c. 576, §4 (NEW).]
4.  Veteran preference employment policy.
"Veteran preference employment policy" means a private employer's preference for hiring, promoting or retaining a veteran over another qualified applicant or employee.
[PL 2013, c. 576, §4 (NEW).]
SECTION HISTORY
PL 2013, c. 576, §4 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 11: VETERAN PREFERENCE › 26 §878. Veteran preference employment policy

§878. Veteran preference employment policy
A private employer may have a veteran preference employment policy. The policy must be in writing and must be applied uniformly to employment decisions regarding hiring, promotion or retention during a reduction in workforce. A private employer may require that a veteran submit a DD Form 214 to be eligible for the preference.   [PL 2013, c. 576, §4 (NEW).]
SECTION HISTORY
PL 2013, c. 576, §4 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 12: HUMAN TRAFFICKING AWARENESS SIGNS › 26 §879. Human trafficking awareness signs

§879. Human trafficking awareness signs
1.  Department provides public awareness signs.
The Department of Labor shall provide the Department of Transportation, the Maine Turnpike Authority and each employer in the State that is a business or employer listed in subsection 3 with public awareness signs that contain a telephone number for a national human trafficking hotline.
[PL 2017, c. 416, §4 (NEW).]
2.  Departments posting public awareness signs.
The Department of Transportation and the Maine Turnpike Authority shall work cooperatively and shall post and keep posted in a conspicuous manner in every transportation center and every highway rest area and welcome center a public awareness sign provided by the Department of Labor pursuant to subsection 1.
[PL 2017, c. 416, §4 (NEW).]
3.  Businesses and employers posting public awareness signs.
The following businesses and employers shall post and keep posted in a conspicuous manner that is clearly visible to the public and to employees within their businesses and places of employment public awareness signs provided by the Department of Labor pursuant to subsection 1:
A. A Department of Labor career center;   [PL 2017, c. 416, §4 (NEW).]
B. An office that provides services under the Governor's Jobs Initiative Program under section 2031;   [PL 2017, c. 416, §4 (NEW).]
C. A hospital or facility providing emergency medical services that is licensed under Title 22, section 1811;   [PL 2017, c. 416, §4 (NEW).]
D. An eating and lodging place licensed under Title 22, chapter 562;   [PL 2017, c. 416, §4 (NEW).]
E. An adult entertainment nightclub or bar, adult spa, establishment featuring strippers or erotic dancers or other sexually oriented business;   [PL 2017, c. 416, §4 (NEW).]
F. A money transmitter licensed under Title 32, chapter 80, subchapter 1; and   [PL 2017, c. 416, §4 (NEW).]
G. A check cashing business or foreign currency exchange business registered under Title 32, chapter 80, subchapter 2.   [PL 2017, c. 416, §4 (NEW).]
[PL 2017, c. 416, §4 (NEW).]
4.  Penalty.
A person who fails to post a sign as required by subsection 3 commits a civil violation for which a fine of $300 per violation must be adjudged.
[PL 2017, c. 416, §4 (NEW).]
SECTION HISTORY
PL 2017, c. 416, §4 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 1: PANEL OF MEDIATORS › 26 §882. Panel (REPEALED)

§882. Panel
(REPEALED)
SECTION HISTORY
PL 1971, c. 506, §1 (AMD). PL 1971, c. 620, §13 (AMD). PL 1973, c. 617, §1 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 1: PANEL OF MEDIATORS › 26 §882-A. Notification (REPEALED)

§882-A. Notification
(REPEALED)
SECTION HISTORY
PL 1971, c. 19 (NEW). PL 1973, c. 617, §1 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 1: PANEL OF MEDIATORS › 26 §883. Mediation procedure; duties (REPEALED)

§883. Mediation procedure; duties
(REPEALED)
SECTION HISTORY
PL 1973, c. 617, §1 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 1: PANEL OF MEDIATORS › 26 §884. Services not available if covered by agreement (REPEALED)

§884. Services not available if covered by agreement
(REPEALED)
SECTION HISTORY
PL 1973, c. 617, §1 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 1: PANEL OF MEDIATORS › 26 §891. Policy

§891. Policy
It is declared to be the policy of the State to provide full and adequate facilities for the settlement of disputes between employers and employees or their representatives and other disputes subject to settlement through mediation.   [PL 1975, c. 564, §1 (NEW).]
SECTION HISTORY
PL 1975, c. 564, §1 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 1: PANEL OF MEDIATORS › 26 §892. Panel

§892. Panel
The Panel of Mediators, as established by Title 5, section 12004‑B, subsection 3, consisting of not less than 5 nor more than 10 impartial members, must be appointed by the Governor from time to time upon the expiration of the terms of the several members, for terms of 3 years. The Maine Labor Relations Board shall supply to the Governor nominations for filling vacancies. Vacancies occurring during a term must be filled for the unexpired term. Members of the panel are entitled to compensation according to section 965, subsection 2, paragraph C. The costs for services rendered and expenses incurred by the panel and any applicable state cost allocation program charges must be shared equally by the parties to mediation and must be paid into a special fund administered by the Maine Labor Relations Board. Authorization for services rendered and expenditures incurred by members of the panel is the responsibility of the Executive Director of the Maine Labor Relations Board. All costs must be paid from that special fund. The executive director may estimate costs upon receipt of a request for services and collect those costs prior to providing the services. The executive director shall bill or reimburse the parties, as appropriate, for any difference between the estimated costs that were collected and the actual costs of providing the services. Once one party has paid its share of the estimated cost of providing the service, the mediator is assigned. A party who has not paid an invoice for the estimated or actual cost of providing services within 60 days of the date the invoice was issued is, in the absence of good cause shown, liable for the amount of the invoice together with a penalty in the amount of 25% of the amount of the invoice. Any penalty amount collected pursuant to this provision remains in the special fund administered by the Maine Labor Relations Board and that fund does not lapse. The executive director is authorized to collect any sums due and payable pursuant to this provision through civil action. In such an action, the court shall allow litigation costs, including court costs and reasonable attorney's fees, to be deposited in the General Fund if the executive director is the prevailing party in the action.   [PL 1997, c. 412, §1 (AMD).]
SECTION HISTORY
PL 1975, c. 564, §1 (NEW). PL 1983, c. 812, §160 (AMD). PL 1991, c. 92, §1 (AMD). PL 1991, c. 622, §O2 (AMD). PL 1991, c. 798, §2 (AMD). PL 1997, c. 412, §1 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 1: PANEL OF MEDIATORS › 26 §893. Invoking mediation services

§893. Invoking mediation services
Mediation procedures as provided by section 965, subsection 2, shall be followed whenever either party to a controversy requests such services and the Maine Labor Relations Board or its executive director finds that the dispute is subject to settlement through mediation and that it is in the public interest to mediate.   [PL 1975, c. 564, §1 (NEW).]
SECTION HISTORY
PL 1975, c. 564, §1 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 2: STATE BOARD OF ARBITRATION AND CONCILIATION › 26 §911. Appointment and qualification; salaries and expenses (REPEALED)

§911. Appointment and qualification; salaries and expenses
(REPEALED)
SECTION HISTORY
PL 1969, c. 450, §§1,2 (AMD). PL 1971, c. 620, §13 (AMD). PL 1975, c. 564, §2 (AMD). PL 1975, c. 771, §279 (AMD). PL 1979, c. 22, §§1,2 (AMD). PL 1983, c. 812, §161 (AMD). PL 1985, c. 294, §§1,3 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 2: STATE BOARD OF ARBITRATION AND CONCILIATION › 26 §912. Powers and duties (REPEALED)

§912. Powers and duties
(REPEALED)
SECTION HISTORY
PL 1979, c. 22, §3 (AMD). PL 1985, c. 294, §§1,3 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 2: STATE BOARD OF ARBITRATION AND CONCILIATION › 26 §913. Witnesses (REPEALED)

§913. Witnesses
(REPEALED)
SECTION HISTORY
PL 1979, c. 22, §4 (AMD). PL 1985, c. 294, §§1,3 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 2: STATE BOARD OF ARBITRATION AND CONCILIATION › 26 §914. Recess of negotiations (REPEALED)

§914. Recess of negotiations
(REPEALED)
SECTION HISTORY
PL 1985, c. 294, §§1,3 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 2: STATE BOARD OF ARBITRATION AND CONCILIATION › 26 §915. Notification of strike; proceedings in settlement (REPEALED)

§915. Notification of strike; proceedings in settlement
(REPEALED)
SECTION HISTORY
PL 1975, c. 564, §3 (AMD). PL 1985, c. 294, §§1,3 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 2: STATE BOARD OF ARBITRATION AND CONCILIATION › 26 §916. Inquiry into cause of controversy; conciliators; report (REPEALED)

§916. Inquiry into cause of controversy; conciliators; report
(REPEALED)
SECTION HISTORY
PL 1971, c. 620, §13 (AMD). PL 1975, c. 564, §4 (AMD). PL 1979, c. 22, §5 (AMD). PL 1985, c. 294, §§1,3 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 2: STATE BOARD OF ARBITRATION AND CONCILIATION › 26 §917. Application for inquiry; notice of hearing (REPEALED)

§917. Application for inquiry; notice of hearing
(REPEALED)
SECTION HISTORY
PL 1975, c. 564, §5 (AMD). PL 1979, c. 22, §6 (RPR). PL 1985, c. 294, §§1,3 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 2: STATE BOARD OF ARBITRATION AND CONCILIATION › 26 §918. Submission to arbitration; decision (REPEALED)

§918. Submission to arbitration; decision
(REPEALED)
SECTION HISTORY
PL 1975, c. 564, §6 (AMD). PL 1985, c. 294, §§1,3 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 2: STATE BOARD OF ARBITRATION AND CONCILIATION › 26 §919. Procedure in arbitration (REPEALED)

§919. Procedure in arbitration
(REPEALED)
SECTION HISTORY
PL 1975, c. 564, §7 (AMD). PL 1979, c. 22, §§7-9 (AMD). PL 1985, c. 294, §§1,3 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 2: STATE BOARD OF ARBITRATION AND CONCILIATION › 26 §920. Submission to local board; decision (REPEALED)

§920. Submission to local board; decision
(REPEALED)
SECTION HISTORY
PL 1975, c. 564, §8 (AMD). PL 1979, c. 22, §10 (AMD). PL 1985, c. 294, §§1,3 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 2: STATE BOARD OF ARBITRATION AND CONCILIATION › 26 §921. Advertising or soliciting for workers during strike or distrubance; exceptions; penalty (REPEALED)

§921. Advertising or soliciting for workers during strike or distrubance; exceptions; penalty
(REPEALED)
SECTION HISTORY
PL 1985, c. 294, §§1,3 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 2: STATE BOARD OF ARBITRATION AND CONCILIATION › 26 §922. Proceedings confidential (REPEALED)

§922. Proceedings confidential
(REPEALED)
SECTION HISTORY
PL 1979, c. 22, §11 (AMD). PL 1985, c. 294, §§1,3 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 2-A: STATE BOARD OF ARBITRATION AND CONCILIATION › 26 §931-A. Use of board member representing the public interests instead of full board

§931-A. Use of board member representing the public interests instead of full board
The parties may agree to have any controversy that could be handled by the board under this subchapter directed to the board member selected to represent the public interests of the State or to one of the alternates from the same category. If the parties elect to use that board member, the parties must agree on the board member or alternate by name. A board member selected under this section may administer oaths and require by subpoena the attendance and testimony of witnesses, the production of books, records and other evidence relative or pertinent to the matter before the board member and has the same power to act on any issue and in any manner as the full board has pursuant to this subchapter.   [PL 1993, c. 53, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 53, §1 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 2-A: STATE BOARD OF ARBITRATION AND CONCILIATION › 26 §931-B. Forestry rate proceedings panel (REPEALED)

§931-B. Forestry rate proceedings panel
(REPEALED)
SECTION HISTORY
PL 2003, c. 670, §2 (NEW). PL 2009, c. 381, §4 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 2-A: STATE BOARD OF ARBITRATION AND CONCILIATION › 26 §932. Subpoena powers

§932. Subpoena powers
The chairman of the board or his alternate may administer oaths and require by subpoena the attendance and testimony of witnesses, the production of books, records and other evidence relative or pertinent to the matter before it.   [PL 1985, c. 294, §§ 2 and 3 (NEW).]
Witnesses subpoenaed by the board shall be allowed the same fees as are paid to witnesses in Superior Court. These fees, together with all necessary expenses of the board, shall be paid by the Treasurer of State on warrants drawn by the State Controller.   [PL 1985, c. 294, §§ 2 and 3 (NEW).]
SECTION HISTORY
PL 1985, c. 294, §§2,3 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 2-A: STATE BOARD OF ARBITRATION AND CONCILIATION › 26 §933. Notice; recess of meetings and hearings

§933. Notice; recess of meetings and hearings
Except in cases in which the public welfare is involved, a minimum of 3 working days' notice shall be required before the board will convene.   [PL 1985, c. 294, §§ 2 and 3 (NEW).]
When the board has taken jurisdiction of a case where a dispute exists, it may, at its discretion, recess the hearings for any reasonable purpose and may call a subsequent meeting as soon as practicable at any appropriate place or time which it may designate for a continuation of the proceedings.   [PL 1985, c. 294, §§ 2 and 3 (NEW).]
SECTION HISTORY
PL 1985, c. 294, §§2,3 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 2-A: STATE BOARD OF ARBITRATION AND CONCILIATION › 26 §934. Conciliation; notification of dispute; proceedings in settlement; report

§934. Conciliation; notification of dispute; proceedings in settlement; report
Whenever it appears to the employer or employees concerned in a labor dispute, or when a strike or lockout is threatened, or actually occurs, he or they may request the services of the board.   [PL 1985, c. 294, §§2, 3 (NEW).]
If, when the request or notification is received, it appears that a substantial number of employees in the department, section or division of the business of the employer are involved, the board shall endeavor, by conciliation, to obtain an amicable settlement. If the board is unable to obtain an amicable settlement it shall endeavor to persuade the employer and employees to submit the matter to arbitration.   [PL 1985, c. 294, §§2, 3 (NEW).]
The board shall, upon notification, as soon as practicable, visit the place where the controversy exists or arrange a meeting of the interested parties at a convenient place, and shall make careful inquiry into the cause of the dispute or controversy, and the board may, with the consent of the Governor, conduct the inquiry beyond the limits of the State.   [PL 1985, c. 294, §§2, 3 (NEW).]
The board shall hear all interested persons who come before it, advise the respective parties what ought to be done by either or both to adjust the controversy, and shall make a confidential written report to the Governor and the Executive Director of the Maine Labor Relations Board. The Governor or executive director shall make the report public if, after 15 days from the date of its receipt, the parties have not resolved the controversy and the public interest would be served by publication. In addition, either the Governor or the executive director may refer the report and recommendations of the board to the Attorney General or other department for appropriate action when it appears that any of the laws of this State may have been violated.   [PL 2015, c. 250, Pt. C, §3 (AMD).]
SECTION HISTORY
PL 1985, c. 294, §§2,3 (NEW). PL 2015, c. 250, Pt. C, §3 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 2-A: STATE BOARD OF ARBITRATION AND CONCILIATION › 26 §935. Application for board of inquiry; notice of hearing

§935. Application for board of inquiry; notice of hearing
In cases of controversy, where conciliation, mediation or arbitration is refused by one of the parties or the board has deemed that those processes have been or will be ineffective, either party may request the board to make inquiry. The application for inquiry may be signed by the employer or by a substantial number of the employees in the department, section or division of the business in which the controversy exists or by their agent or representative or by both parties and, if signed by an agent or representative claiming to represent the employees, the board shall satisfy itself that he is duly authorized to do so.   [PL 1985, c. 294, §§2, 3 (NEW).]
Upon receipt of the application for inquiry, the chairman, or in his absence or disability the alternate chairman, through the auspices of the Maine Labor Relations Board, shall give notice of the time and place of hearing and may, at the board's discretion, give public notice by publishing in at least one newspaper the time and place of the hearing.   [PL 1985, c. 294, §§2, 3 (NEW).]
The board shall, upon the request of the Governor or the mayor of a city or the select board of a town, investigate and report upon any labor controversy if, in its opinion, it threatens the public welfare.   [PL 2021, c. 275, §11 (AMD).]
The board, after inquiry, may make and publish a report in the matter, including its findings of fact and recommendations for settling the controversy.   [PL 1985, c. 294, §§2, 3 (NEW).]
SECTION HISTORY
PL 1985, c. 294, §§2,3 (NEW). PL 2021, c. 275, §11 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 2-A: STATE BOARD OF ARBITRATION AND CONCILIATION › 26 §936. Submission to arbitration; decision

§936. Submission to arbitration; decision
If the case cannot be settled through the process of conciliation, the interested parties may jointly submit the case to arbitration by filing an arbitration application with the Executive Director of the Maine Labor Relations Board.   [PL 1985, c. 294, §§ 2, 3 (NEW).]
The chairman of the board shall immediately, after the filing, give notice of the time and place of the hearing to both parties.   [PL 1985, c. 294, §§ 2, 3 (NEW).]
SECTION HISTORY
PL 1985, c. 294, §§2,3 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 2-A: STATE BOARD OF ARBITRATION AND CONCILIATION › 26 §937. Procedure in arbitration

§937. Procedure in arbitration
The board may hear grievance arbitration matters referred to it pursuant to a collective bargaining agreement. It may hear any labor dispute jointly referred to it for resolution by arbitration by the representatives of management and labor. In cases of arbitration, the parties concerned must submit in writing to the board, the matters which they mutually agree to submit to arbitration and such other details pertinent to the issues involved as they may agree upon. When the matter is submitted to arbitration by the board, the board shall investigate the matter in controversy, shall hear all interested persons who come before it and make an award and written opinion which shall be published by the chairman of the board and shall be binding on the parties who join in the agreement.   [PL 1985, c. 294, §§ 2 and 3 (NEW).]
The board may, at any time in the arbitration process, seek a stipulated settlement of the matter submitted to it for resolution provided that settlement is approved by the parties to the dispute. Except as provided in section 972, arbitration proceedings shall be subject to the review provisions of the Uniform Arbitration Act, Title 14, chapter 706.   [PL 1985, c. 294, §§ 2 and 3 (NEW).]
SECTION HISTORY
PL 1985, c. 294, §§2,3 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 2-A: STATE BOARD OF ARBITRATION AND CONCILIATION › 26 §938. Advertising or soliciting for workers during strike or disturbance; exceptions; penalty

§938. Advertising or soliciting for workers during strike or disturbance; exceptions; penalty
If any employer, during the continuance of a strike among the employer's employees, or during the continuance of a lockout or other labor trouble among the employer's employees, publicly advertises in newspapers, or by posters or otherwise, for employees, or directly or through the employer's agents solicits persons to work for the employer to fill the places of strikers, the employer shall plainly and explicitly mention in the advertisements or oral or written solicitations that a strike, lockout or other labor disturbance exists. If any employee, during the continuance of a strike, lockout or other labor trouble, advertises for or solicits business for a competitor of the employer that is engaged in the labor dispute, the employee shall plainly and explicitly mention in the advertisement or oral or written solicitation that a strike, lockout or other labor disturbance exists. This section ceases to be operative if the board determines that the business of the employer, in respect to which the strike or other labor trouble occurred, is being carried on in the normal and usual manner and to the normal and usual extent. The board shall determine this question as soon as possible upon the application of the employer. Any person, firm, association or corporation that violates this section must be punished by a fine not less than $250 nor more than $500.   [PL 2017, c. 475, Pt. A, §43 (AMD).]
SECTION HISTORY
PL 1985, c. 294, §§2,3 (NEW). PL 2017, c. 475, Pt. A, §43 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 2-A: STATE BOARD OF ARBITRATION AND CONCILIATION › 26 §939. Proceedings confidential

§939. Proceedings confidential
Any information disclosed by either party to a dispute to the board or any of its members in carrying out this subchapter shall be confidential, except as may be provided otherwise in this subchapter.   [PL 1985, c. 294, §§2 and 3 (NEW).]
SECTION HISTORY
PL 1985, c. 294, §§2,3 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 3: ARBITRATION PURSUANT TO COLLECTIVE BARGAINING CONTRACTS › 26 §951. Agreements to arbitrate

§951. Agreements to arbitrate
A written provision in any collective bargaining contract to settle by arbitration a controversy thereafter arising out of such contract or out of the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, or such refusal, herein designated in this subchapter as "a written submission agreement," shall be valid, irrevocable and enforceable, save upon such grounds, independent of the provisions for arbitration, as exist at law or in equity for the revocation of any contract.
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 3: ARBITRATION PURSUANT TO COLLECTIVE BARGAINING CONTRACTS › 26 §952. Stay of proceedings

§952. Stay of proceedings
If any action or proceeding be brought in any court upon any issue or controversy referable to arbitration under a written provision in any collective bargaining contract or under an agreement in writing for submission to arbitration of an existing controversy arising out of such collective bargaining contract, the court in which such action or proceeding is pending, upon being satisfied that the issue involved in such action or proceeding is thus referable to arbitration, shall on application of one of the parties stay the trial of the action or proceeding until such arbitration has been had in accordance with the terms of the collective bargaining contract or the written agreement for submission to arbitration, provided the applicant for the stay is not in default in proceeding with such arbitration.
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 3: ARBITRATION PURSUANT TO COLLECTIVE BARGAINING CONTRACTS › 26 §953. Failure to arbitrate under agreement

§953. Failure to arbitrate under agreement
A party aggrieved by the alleged failure, neglect or refusal of another to arbitrate in accordance with any agreement embraced within section 951 may institute proceedings in the Superior Court. Such proceedings shall be for an order directing that such arbitration proceed in the manner provided in the collective bargaining agreement or written submission agreement.
Five days' notice in writing of such application shall be served upon the party in default. Service thereof shall be made in the manner provided by law for the service of process in civil actions. The court shall hear the parties, and upon being satisfied that the making of the collective bargaining contract or the written submission agreement for arbitration or the failure to comply therewith is not in issue, the court shall make an order directing the parties to proceed to arbitration in accordance with the terms of the collective bargaining contract or the written submission agreement. If the making of the collective bargaining contract or of the written submission agreement for arbitration or the failure, neglect or refusal to perform the same be in issue, the court shall proceed summarily to the trial thereof. If no jury trial is demanded by the party alleged to be in default, the court shall hear and determine such issue. Where such an issue is raised, the party alleged to be in default may, on or before the return day of the notice of application, demand a jury trial of such issue, and upon such demand the court shall make an order referring the issue or issues to a jury in the manner provided by law for referring to a jury issues in actions not triable of right by a jury or may specially call a jury for that purpose. If the jury find that no collective bargaining contract or written submission agreement for arbitration was made or that there is no default in proceeding thereunder, the proceeding shall be dismissed. If the jury find that a collective bargaining contract or written submission agreement for arbitration was made and that there is a default in proceeding thereunder, the court shall make an order summarily directing the parties to proceed with the arbitration in accordance with the terms thereof.   [PL 1965, c. 425, §16 (AMD).]
SECTION HISTORY
PL 1965, c. 425, §16 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 3: ARBITRATION PURSUANT TO COLLECTIVE BARGAINING CONTRACTS › 26 §954. Appointment of arbitrators or umpires

§954. Appointment of arbitrators or umpires
If in the agreement provision is made for a method of naming or appointing an arbitrator or arbitrators or an umpire, such method shall be followed; but if no method is provided therein, or if a method is provided and any party thereto shall fail to avail himself of such method, or if for any other reason there shall be a lapse in the naming of an arbitrator or arbitrators or umpire, or in filling a vacancy, then upon the application of either party to the controversy the court shall designate and appoint an arbitrator or arbitrators or umpire, as the case may require, who shall act under the said agreement with the same force and effect as if he or they had been specifically named therein; and unless otherwise provided in agreement, the arbitration shall be by a single arbitrator.
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 3: ARBITRATION PURSUANT TO COLLECTIVE BARGAINING CONTRACTS › 26 §955. Application heard as motion

§955. Application heard as motion
Any application to the court under this subchapter shall be made and heard in the manner provided by law for the making and hearing of motions, except as otherwise expressly provided.
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 3: ARBITRATION PURSUANT TO COLLECTIVE BARGAINING CONTRACTS › 26 §956. Witnesses before arbitrators; fees; compelling attendance

§956. Witnesses before arbitrators; fees; compelling attendance
The arbitrators selected either as prescribed in this subchapter or otherwise, or a majority of them, may summon in writing any person to attend before them, or any of them, as a witness and in a proper case to bring with him or them any book, record, document or paper which may be deemed material as evidence in the case. The fees for such attendance shall be the same as the fees of witnesses before the Superior Court. Said summons shall issue in the name of the arbitrator or arbitrators, or a majority of them, and shall be signed by the arbitrators, or a majority of them, and shall be directed to the said person and shall be served in the same manner as subpoenas to appear and testify before the Superior Court. If any person or persons so summoned to testify shall refuse or neglect to obey said summons, upon complaint, any Justice of the Superior Court may compel the attendance of such person or persons before said arbitrator or arbitrators, or punish said person or persons for contempt in the same manner provided by law for securing the attendance of witnesses or their punishment for neglect or refusal to attend in the courts of the State of Maine.
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 9: MEDIATION AND ARBITRATION › Subchapter 3: ARBITRATION PURSUANT TO COLLECTIVE BARGAINING CONTRACTS › 26 §957. Awards; confirmation; jurisdiction; procedure

§957. Awards; confirmation; jurisdiction; procedure
If the parties in their collective bargaining contract or written submission agreement have agreed that a judgment of the court shall be entered upon the award made pursuant to the arbitration, and shall specify the court, then at any time within one year after the award is made any party to the arbitration may apply to the court so specified for an order confirming the award, and thereupon the court must grant such an order unless the award is vacated, modified or corrected as prescribed in sections 958 and 959. In the absence of such provision in the collective bargaining contract or written submission agreement of the parties, such application to have judgment entered upon the award may be made to the Superior Court in the county within which such award was made. Notice of application shall be served upon the adverse party. If the adverse party is a resident of the State, such service shall be made upon the adverse party or his attorney as prescribed by law for service of motion in an action in the same court. If the adverse party shall be a nonresident, then the notice of the application shall be served in like manner as other process of the court is served upon nonresidents.