reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 7: EMPLOYER'S CONTRIBUTIONS AND COVERAGE › 26 §1226. Appeal of determination or assessment

§1226. Appeal of determination or assessment
1.  Appeal to the commission.
A. An employer may appeal determinations by the commissioner or the commissioner's designated representatives made under sections 1082, subsection 14, 1221, 1222, 1225 and 1228, or an assessment made under section 1225, to the Division of Administrative Hearings by filing an appeal, in accordance with rules that the commissioner prescribes, within 30 days after notification is mailed to the employer's last known address as it appears in the records of the bureau or, in the absence of such mailing, within 30 days after the notification is delivered. If the employer fails to perfect this appeal, the assessment or determination is final as to law and fact.   [PL 2021, c. 456, §33 (AMD).]
B. Upon appeal from such assessment or determination the Division of Administrative Hearings shall, after affording the appellant and the commissioner's designated representative a reasonable opportunity for a fair hearing, make finding of facts and render its decision, which may affirm, modify or reverse the action of the designated representative. The conduct of the hearings is governed by rules of the commission consistent with Title 5, section 9051 et seq. The Division of Administrative Hearings shall promptly notify the parties to the proceeding of its finding of facts and its decision. The decision is subject to appeal to the commission, which may affirm, modify or reverse the decision of the Division of Administrative Hearings based on the evidence presented or may remand the case to the Division of Administrative Hearings for further hearing pursuant to the commission's rules. The decision of the commission is subject to appeal pursuant to Title 5, section 11001 et seq. The commissioner has the right to appeal a final decision of the commission to the Superior Court.   [PL 2017, c. 284, Pt. AAAAA, §4 (AMD).]
[PL 2021, c. 456, §33 (AMD).]
2.  Appeal to Superior Court.
[PL 1977, c. 694, §481 (RP).]
3.  Conclusiveness of determination.
Any determination or decision duly made in proceedings under section 1082, subsection 14 or this subchapter that has become final is binding in any proceedings relating to applications or requests for refunds or credit, insofar as such determination or decision necessarily involves the issue of whether an employing unit constitutes an employer or whether services performed for, or in connection with, the business of such employing unit constitute employment.
[PL 2017, c. 284, Pt. AAAAA, §4 (AMD).]
SECTION HISTORY
PL 1975, c. 462, §9 (NEW). PL 1977, c. 460, §9 (AMD). PL 1977, c. 694, §§480-481 (AMD). PL 1979, c. 127, §164 (AMD). PL 1979, c. 579, §§38,39 (AMD). PL 1979, c. 651, §§39,40,47 (AMD). PL 1981, c. 286, §§5,6 (AMD). PL 1983, c. 351, §§29,30 (AMD). PL 1995, c. 657, §6 (AMD). PL 1995, c. 657, §10 (AFF). PL 2017, c. 284, Pt. AAAAA, §4 (AMD). PL 2021, c. 456, §33 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 7: EMPLOYER'S CONTRIBUTIONS AND COVERAGE › 26 §1228. Liability of successor

§1228. Liability of successor
Any individual or organization, including the types of organizations described in section 1043, subsection 10, whether or not an employing unit, which acquires the organization, trade or business or a substantial part of the assets thereof from an employer, shall be liable, in an amount not to exceed the reasonable value of the organization, trade, business or assets acquired, for any contributions or interest due or accrued and unpaid by the employer, and the amount of the liability shall, in addition, be a lien against the property or assets so acquired which shall be prior to all other liens. The lien shall not be valid as against one who acquires from the successor any interest in the property or assets in good faith, for value and without notice of the lien. Upon written request made after such acquisition is completed, the commissioner shall furnish the successor with a written statement of the amount of contributions and interest due or accrued and unpaid by the employer as of the date of the acquisition and the amount of the liability of the successor or the amount of the lien shall in no event exceed the liability disclosed by the statement. The foregoing remedies shall be in addition to all other existing remedies against the employer or his successor.   [PL 1979, c. 651, §45 (AMD).]
SECTION HISTORY
PL 1975, c. 462, §9 (NEW). PL 1979, c. 579, §44 (AMD). PL 1979, c. 651, §§45,47 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 7: EMPLOYER'S CONTRIBUTIONS AND COVERAGE › 26 §1229. Collection by civil action

§1229. Collection by civil action
If any employer fails to make any payment of contributions, interest or penalties after notice of an assessment under section 1225, subsection 1, and after the assessment has become final as to law and fact, in addition to or alternatively to any other method of collection prescribed in this chapter, the amount due may be collected by civil action in the name of the commissioner and the employer shall pay the costs of those actions. Civil actions brought under this section to collect contributions and interest, or penalties due thereon, from an employer must be heard by the court at the earliest possible date and are entitled to preference upon the calendar of the court over all other civil actions, except petitions for judicial review under this chapter and cases arising under the Maine Workers' Compensation Act of 1992. The foregoing remedies are in addition to all other existing remedies against the employer or the employer's successor.   [RR 1993, c. 1, §70 (COR).]
SECTION HISTORY
PL 1975, c. 462, §9 (NEW). PL 1983, c. 351, §34 (AMD). RR 1993, c. 1, §70 (COR).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 7: EMPLOYER'S CONTRIBUTIONS AND COVERAGE › 26 §1231. Priorities under legal dissolutions or distributions

§1231. Priorities under legal dissolutions or distributions
In the event of any distribution of an employer's assets pursuant to an order of any court under the laws of this State, including any receivership, assignment for benefit of creditors, adjudicated insolvency, composition or similar proceeding, contributions then or thereafter due shall be paid in full prior to all other claims, except claims for wages of not more than $250 to each claimant, earned within 6 months of the commencement of the proceeding.   [PL 1975, c. 462, §9 (NEW).]
SECTION HISTORY
PL 1975, c. 462, §9 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 8: SEASONAL EMPLOYMENT › 26 §1251. Investigations; hearings; regulations

§1251. Investigations; hearings; regulations
1.  Seasonal industry.
As used in this section, the term "seasonal industry" means an industry in which, because of the seasonal nature thereof, it is customary to operate only during a regularly recurring period or periods of less than 26 weeks in a calendar year. The commission shall, after investigation and hearing, pursuant to Title 5, section 9051 et seq., determine, and may thereafter from time to time redetermine, the longest seasonal period or periods during which, by the best practice of the industry in question, operations are conducted. Until such determination by the commission, no industry may be deemed seasonal.
[PL 1983, c. 750, §1 (AMD).]
2.  Rules.
The commissioner shall prescribe fair and reasonable rules, pursuant to Title 5, section 8051 et seq., applicable to the payment of benefits to individuals whose qualifying wages in whole or in part were earned in seasonal industries, to the period during which benefits are payable to the individuals and to charges to be made to experience rating records or general funds as a result of benefits so paid.
[PL 2021, c. 456, §34 (AMD).]
3.  Exceptions.
A. Any hotel, motel, inn, variety store, trading post, sporting camp or other lodging facility, including youth camps licensed under Title 22, section 2495, restaurants and other eating establishments, which customarily conducts operations that are primarily related to the production of characteristic goods or services for a regularly recurring period or periods of less than 26 weeks in any one calendar year is deemed seasonal.   [PL 2009, c. 211, Pt. B, §25 (AMD).]
B. Any potato packing business which customarily operates during a regularly recurring period of 26 or more weeks in a calendar year shall not be deemed seasonal.   [PL 1983, c. 750, §2 (AMD).]
[PL 2009, c. 211, Pt. B, §25 (AMD).]
SECTION HISTORY
PL 1973, c. 516 (AMD). PL 1975, c. 407, §2 (AMD). PL 1977, c. 694, §§482,483 (AMD). PL 1983, c. 750, §§1,2 (AMD). PL 1987, c. 131 (AMD). PL 1997, c. 293, §9 (AMD). PL 2009, c. 211, Pt. B, §25 (AMD). PL 2021, c. 456, §34 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 9: MAINE DEVELOPMENT CORPORATION › 26 §1261. Purpose (REPEALED)

§1261. Purpose
(REPEALED)
SECTION HISTORY
PL 1975, c. 602, §1 (NEW). PL 1985, c. 497, §20 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 9: MAINE DEVELOPMENT CORPORATION › 26 §1262. Definitions (REPEALED)

§1262. Definitions
(REPEALED)
SECTION HISTORY
PL 1975, c. 602, §1 (NEW). PL 1985, c. 497, §20 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 9: MAINE DEVELOPMENT CORPORATION › 26 §1263. Commission (REPEALED)

§1263. Commission
(REPEALED)
SECTION HISTORY
PL 1975, c. 602, §1 (NEW). PL 1981, c. 168, §18 (AMD). PL 1985, c. 295, §40 (AMD). PL 1985, c. 497, §20 (RP). PL 1987, c. 402, §A158 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 9: MAINE DEVELOPMENT CORPORATION › 26 §1264. Powers and duties (REPEALED)

§1264. Powers and duties
(REPEALED)
SECTION HISTORY
PL 1975, c. 602, §1 (NEW). PL 1985, c. 497, §20 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 9: MAINE DEVELOPMENT CORPORATION › 26 §1265. Applications (REPEALED)

§1265. Applications
(REPEALED)
SECTION HISTORY
PL 1975, c. 602, §1 (NEW). PL 1985, c. 497, §20 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 9: MAINE DEVELOPMENT CORPORATION › 26 §1266. Agreements (REPEALED)

§1266. Agreements
(REPEALED)
SECTION HISTORY
PL 1975, c. 602, §1 (NEW). PL 1985, c. 497, §20 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 9: MAINE DEVELOPMENT CORPORATION › 26 §1267. Establishment of training programs; agreement approval (REPEALED)

§1267. Establishment of training programs; agreement approval
(REPEALED)
SECTION HISTORY
PL 1975, c. 602, §1 (NEW). PL 1985, c. 497, §20 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 13: UNEMPLOYMENT COMPENSATION › Subchapter 9: MAINE DEVELOPMENT CORPORATION › 26 §1268. Use of funds (REPEALED)

§1268. Use of funds
(REPEALED)
SECTION HISTORY
PL 1975, c. 602, §1 (NEW). PL 1985, c. 497, §20 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 14: JUDICIAL EMPLOYEES LABOR RELATIONS ACT › 26 §1281. Purpose

§1281. Purpose
It is declared to be the public policy of this State and it is the purpose of this chapter to promote improvement of the relationship between the Judicial Department of the State and its employees by cooperating with the Supreme Judicial Court in recognizing the right of judicial employees to join labor organizations of their own choosing and to be represented by those organizations in collective bargaining for terms and conditions of employment.   [PL 1983, c. 702 (NEW).]
SECTION HISTORY
PL 1983, c. 702 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 14: JUDICIAL EMPLOYEES LABOR RELATIONS ACT › 26 §1283. Right of judicial employees to join or refrain from joining labor organizations; prohibition

§1283. Right of judicial employees to join or refrain from joining labor organizations; prohibition
A person may not directly or indirectly interfere with, intimidate, restrain, coerce or discriminate against a judicial employee or a group of judicial employees in the free exercise of their rights, given by this section, to voluntarily:   [PL 2007, c. 415, §15 (RPR).]
1.  Join a union.
Join, form and participate in the activities of organizations of their own choosing for the purposes of representation and collective bargaining or in the free exercise of any other right under this chapter; or
[PL 2007, c. 415, §15 (NEW).]
2.  Not join a union.
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.
[PL 2007, c. 415, §15 (NEW).]
SECTION HISTORY
PL 1983, c. 702 (NEW). PL 2007, c. 415, §15 (RPR).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 14: JUDICIAL EMPLOYEES LABOR RELATIONS ACT › 26 §1283-A. Judicial employees; probationary period

§1283-A. Judicial employees; probationary period
If the public employer requires a judicial employee to complete a probationary period, that judicial employee may be dismissed, suspended or otherwise disciplined without cause during that probationary period. Dismissal, suspension or any other disciplinary action against a judicial employee during the probationary period is not subject to the grievance and arbitration provision of the collective bargaining agreement.   [PL 2021, c. 601, §9 (NEW).]
SECTION HISTORY
PL 2021, c. 601, §9 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 14: JUDICIAL EMPLOYEES LABOR RELATIONS ACT › 26 §1284. Prohibited acts of the public employer, judicial employers and judicial employee organizations

§1284. Prohibited acts of the public employer, judicial employers and judicial employee organizations
1.  Public employer prohibitions.
The public employer, its representatives and agents are prohibited from:
A. Interfering with, restraining or coercing employees in the exercise of the rights guaranteed in section 1283;   [PL 1983, c. 702 (NEW).]
B. Encouraging or discouraging membership in any employee organization by discrimination in regard to hire or tenure of employment or any term or condition of employment;   [PL 1983, c. 702 (NEW).]
C. Dominating or interfering with the formation, existence or administration of any employee organization;   [PL 1983, c. 702 (NEW).]
D. Discharging or otherwise discriminating against an employee because he has signed or filed any affidavit, petition or complaint or given any information or testimony under this chapter;   [PL 1983, c. 702 (NEW).]
E. Refusing to bargain collectively with the bargaining agent of its employees, as required by section 1285;   [PL 2007, c. 415, §16 (AMD).]
F. Blacklisting any employee organization or its members for the purpose of denying them employment;   [PL 2007, c. 415, §17 (AMD).]
G. Requiring an employee to join a union, employee association or bargaining agent as a full member; and   [PL 2007, c. 415, §18 (NEW).]
H. Terminating or disciplining an employee for not paying union dues or fees of any type.   [PL 2007, c. 415, §19 (NEW).]
[PL 2007, c. 415, §§16-19 (AMD).]
2.  Judicial employee prohibitions.
Judicial employees, judicial employee organizations, their agents, members and bargaining agents are prohibited from:
A. Interfering with, restraining or coercing employees in the exercise of the rights guaranteed in section 1283 or the public employer in the selection of its representative for purposes of collective bargaining or the adjustment of grievances;   [PL 1983, c. 702 (NEW).]
B. Refusing to bargain collectively with the public employer, as required by section 1285;   [PL 1983, c. 702 (NEW).]
C. Engaging in:
(1) A work stoppage;
(2) A slowdown;
(3) A strike; or
(4) The blacklisting of the public employer for the purpose of preventing it from filling employee vacancies.   [PL 1983, c. 702 (NEW).]
[PL 1983, c. 702 (NEW).]
3.  Violations.
Violations of this section shall be processed by the board in the manner provided in section 1289.
[PL 1983, c. 702 (NEW).]
SECTION HISTORY
PL 1983, c. 702 (NEW). PL 2007, c. 415, §§16-19 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 14: JUDICIAL EMPLOYEES LABOR RELATIONS ACT › 26 §1284-A. Continuation of grievance arbitration provisions

§1284-A. Continuation of grievance arbitration provisions
1.  Contract signed before October 1, 2005.
If a contract between a public employer and a bargaining agent signed prior to October 1, 2005 expires prior to the parties' agreement on a new contract, the grievance arbitration provisions of the expired contract pertaining to disciplinary action remain in effect until the parties execute a new contract.
[PL 2005, c. 324, §4 (NEW).]
2.  Contract signed after October 1, 2005.
If a contract between a public employer and a bargaining agent signed after October 1, 2005 expires prior to the parties' agreement on a new contract, the grievance arbitration provisions of the expired contract remain in effect until the parties execute a new contract. In any arbitration that is conducted pursuant to this subsection, an arbitrator shall apply only those provisions enforceable by virtue of the static status quo doctrine and may not add to, restrict or modify the applicable static status quo following the expiration of the contract, unless the parties have otherwise agreed in the collective bargaining agreement. All such grievances that are appealed to arbitration are subject exclusively to the grievance and arbitration process contained in the expired agreement, and the board does not have jurisdiction over such grievances. The arbitrator's determination is subject to appeal pursuant to the Uniform Arbitration Act. Disputes over which provisions in an expired contract are enforceable by virtue of the static status quo doctrine first must be resolved by the board, subject to appeal pursuant to applicable law. The grievance arbitration is stayed pending resolution of this issue by the board. The board may adopt rules as necessary to establish a procedure to implement the intent of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A. Nothing in this subsection expands, limits or modifies the scope of any grievance arbitration provisions, including procedural requirements.
[PL 2005, c. 324, §4 (NEW).]
SECTION HISTORY
PL 1997, c. 773, §6 (NEW). PL 1997, c. 773, §7 (AFF). PL 2005, c. 324, §4 (RPR).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 14: JUDICIAL EMPLOYEES LABOR RELATIONS ACT › 26 §1286. Bargaining unit; how determined

§1286. Bargaining unit; how determined
1.  Unit determination.
In the event of a dispute between the public employer and an employee or employees over the appropriateness of a unit for purposes of collective bargaining or between the public employer and an employee or employees over whether a supervisory or other position is included in the bargaining unit, the executive director or his designee shall make the determination, except that anyone excepted from the definition of judicial employee under section 1282 may not be included in a bargaining unit. The executive director or his designee conducting unit determination proceedings 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 issues represented to them.
[PL 1983, c. 702 (NEW).]
2.  Criteria.
In determining whether a supervisory position should be excluded from the proposed bargaining unit, the executive director or his designee shall consider, among other criteria, if the principal functions of the position are characterized by performing such management control duties as scheduling, assigning, overseeing and reviewing the work of subordinate employees, or performing such duties as are distinct and dissimilar from those performed by the employees supervised, or exercising judgment in adjusting grievances, applying other established personnel policies and procedures and in enforcing a collective bargaining agreement or establishing or participating in the establishment of performance standards for subordinate employees and taking corrective measures to implement those standards.
[PL 1983, c. 702 (NEW).]
3.  Determination of unit appropriateness.
In determining the unit appropriate for purposes of collective bargaining, the executive director or his designee shall seek to insure to employees the fullest freedom in exercising the rights guaranteed by this chapter, to insure a clear and identifiable community of interest among employees concerned and to avoid excessive fragmentation among bargaining units.
[PL 1983, c. 702 (NEW).]
4.  Unit clarification.
When there is a certified or currently recognized bargaining representative and when the circumstances surrounding the formation of an existing bargaining unit are alleged to have changed sufficiently to warrant modification in the composition of that bargaining unit, the public employer or any recognized or certified bargaining agent may file with the executive director a petition for a unit clarification, provided that the parties are unable to agree on appropriate modifications and there is no question concerning representation.
[PL 1983, c. 702 (NEW).]
SECTION HISTORY
PL 1983, c. 702 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 14: JUDICIAL EMPLOYEES LABOR RELATIONS ACT › 26 §1288. Maine Labor Relations Board; rule-making procedure and review of proceedings

§1288. Maine Labor Relations Board; rule-making procedure and review of proceedings
1.  Rule-making procedure.
Proceedings conducted under this chapter shall be subject to the rules and procedures of the board promulgated under section 968, subsection 3.
[PL 1983, c. 702 (NEW).]
2.  Review of representation proceedings.
Any person aggrieved by any ruling or determination of the executive director under sections 1286 and 1287 may appeal, within 15 days of the announcement of the ruling or determination, except that in the instance of objections to the conduct of an election or challenged ballots the time period is 5 working days, to the Maine Labor Relations Board. Upon receipt of such an appeal, the board shall, within a reasonable time, hold a hearing, having first caused 7 days' notice in writing of the time and place of that hearing to be given to the aggrieved party, the labor organizations or bargaining agent and the public employer. The hearings and the procedures established in furtherance thereof must be in accordance with section 968. Decisions of the board made pursuant to this subsection are subject to review by the Superior Court under the Maine Rules of Civil Procedure, Rule 80C, in accordance with the standards specified in section 1292, provided the complaint is filed within 15 days of the date of issuance of the decision. The complaint must be served upon the board and all parties to the board proceeding by certified mail, return receipt requested.
[PL 1993, c. 90, §8 (AMD).]
SECTION HISTORY
PL 1983, c. 702 (NEW). PL 1991, c. 143, §8 (AMD). PL 1993, c. 90, §8 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 14: JUDICIAL EMPLOYEES LABOR RELATIONS ACT › 26 §1290. Hearings before the Maine Labor Relations Board

§1290. Hearings before the Maine Labor Relations Board
1.  Hearings; rules of evidence; evidence.
Hearings conducted by the board shall be informal and the rules of evidence prevailing in judicial proceedings shall not be binding. Any and all documentary evidence and other evidence deemed relevant by the board may be received.
[PL 1983, c. 702 (NEW).]
2.  Subpoenas; evidence; witness fees.
The chairman may administer oaths and require by subpoena the attendance and testimony of witnesses, 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 shall be allowed the same fees as are paid to witnesses in the 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 1983, c. 702 (NEW).]
SECTION HISTORY
PL 1983, c. 702 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 14: JUDICIAL EMPLOYEES LABOR RELATIONS ACT › 26 §1291. Scope of binding contract arbitration

§1291. Scope of binding contract arbitration
A collective bargaining agreement between the public employer and a bargaining agent may provide for binding arbitration as the final step of a grievance procedure, but the only grievances which may be taken to such binding arbitration shall be disputes between the parties as to the meaning or application of the specific terms of the collective bargaining agreement. An arbitrator with the power to make binding decisions pursuant to any such provision shall have no authority to add to, subtract from or modify the collective bargaining agreement.   [PL 1983, c. 702 (NEW).]
SECTION HISTORY
PL 1983, c. 702 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 14: JUDICIAL EMPLOYEES LABOR RELATIONS ACT › 26 §1292. Review of arbitration awards

§1292. Review of arbitration awards
1.  Review by Superior Court.
Either party may seek a review by the Superior Court of a binding determination by an arbitration panel. For interest arbitrations, the review must be sought in accordance with the Maine Rules of Civil Procedure, Rule 80B.
[PL 1993, c. 90, §10 (AMD).]
2.  Questions of fact.
In the absence of fraud, the binding determination of an arbitration panel, arbitrator or mediator-arbitrator shall be final upon all questions of fact.
[PL 1983, c. 702 (NEW).]
3.  Action by court; appeal.
The court may, after consideration, affirm or reverse or modify any such binding determination or decision based upon any erroneous ruling. An appeal may be taken to the Law Court as in any civil action.
[PL 1983, c. 702 (NEW).]
SECTION HISTORY
PL 1983, c. 702 (NEW). PL 1991, c. 143, §10 (AMD). PL 1993, c. 90, §10 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 14: JUDICIAL EMPLOYEES LABOR RELATIONS ACT › 26 §1293. Separability

§1293. Separability
1.  Separability.
If any clause, sentence, paragraph or part of this chapter, or the application thereof to any person or circumstances, shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter and the application of such provision to other persons or circumstances, but shall be confined in its operation to the clause, sentence, paragraph or part therof, directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is declared to be the legislative intent that this chapter would have been adopted had such invalid provisions not been included.
[PL 1983, c. 702 (NEW).]
2.  Eligibility under federal programs.
Nothing in this chapter or any contract negotiated pursuant to this chapter may in any way be interpreted or allowed to restrict or impair the eligibility of the State or the Judicial Department in obtaining the benefits under any federal grant-in-aid or assistance programs.
[PL 1983, c. 702 (NEW).]
SECTION HISTORY
PL 1983, c. 702 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 14: JUDICIAL EMPLOYEES LABOR RELATIONS ACT › 26 §1294. Amendment

§1294. Amendment
This Act shall not be amended without first consulting the Supreme Judicial Court.   [PL 1983, c. 702 (NEW).]
SECTION HISTORY
PL 1983, c. 702 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 14: JUDICIAL EMPLOYEES LABOR RELATIONS ACT › 26 §1296. Obligations during interim between contracts

§1296. Obligations during interim between contracts
During the interim after the expiration of a collective bargaining agreement and before the effective date of any subsequent collective bargaining agreement, judicial employees covered by the expired collective bargaining agreement remain eligible for and must receive merit or step increases in accordance with the terms and conditions set forth in the expired collective bargaining agreement.   [PL 2021, c. 282, §3 (NEW).]
SECTION HISTORY
PL 2021, c. 282, §3 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 15: PREFERENCE TO MAINE WORKS AND CONTRACTORS › 26 §1301. Local residents preferred; exception

§1301. Local residents preferred; exception
The State, counties, cities and towns, and every charitable or educational institution which is supported in whole or in part by aid granted by the State or by any municipality shall, in the awarding of contracts for constructing, altering, repairing, furnishing or equipping its buildings or public works, give preference to workmen and to bidders for such contracts who are residents of this State, provided the bids submitted by such resident bidders are equally favorable with bids submitted by contractors from without the State. This section shall not apply to construction or repairs amounting to less than $1,000 or to emergency work or to state road work.
Any contract for public improvement that is awarded by the State or any department or agency of the State is subject to the competitive bidding process established under Title 5, chapter 155, subchapter I‑A.   [PL 1995, c. 524, §2 (NEW).]
SECTION HISTORY
PL 1995, c. 524, §2 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 15: PREFERENCE TO MAINE WORKS AND CONTRACTORS › 26 §1302. Proposals and bids recorded

§1302. Proposals and bids recorded
Every municipality calling for such bids shall enter proposals and bids upon its books, showing the name and residence of each bidder, and the amount and terms of each bid, and to whom the work or contract was awarded. The same shall be open to the inspection of the Governor.   [PL 1975, c. 771, §287 (AMD).]
SECTION HISTORY
PL 1975, c. 771, §287 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 15: PREFERENCE TO MAINE WORKS AND CONTRACTORS › 26 §1302-A. Insurance coverage posted on public construction projects (REPEALED)

§1302-A. Insurance coverage posted on public construction projects
(REPEALED)
SECTION HISTORY
PL 2009, c. 452, §1 (NEW). PL 2011, c. 403, §1 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 15: PREFERENCE TO MAINE WORKS AND CONTRACTORS › 26 §1303. Public works; minimum wage and benefits; assisted projects

§1303. Public works; minimum wage and benefits; assisted projects
In the employment of laborers in the construction of public works, including state highways, or an assisted project by the State or by persons contracting for the construction, preference must first be given to citizens of the State who are qualified to perform the work to which the employment relates and, if they can not be obtained in sufficient numbers, then to citizens of the United States. Every contract for public works construction or an assisted project must contain a provision for employing citizens of this State or the United States. The hourly wage and benefit rate paid to laborers employed in the construction of public works, including state highways, may not be less than the fair minimum rate as determined in accordance with section 1308. Any contractor who knowingly and willfully violates this section is subject to a fine of not less than $250 per employee violation. Each day that any contractor employs a laborer at less than the wage and benefit minimum stipulated in this section constitutes a separate violation of this section.   [PL 2021, c. 705, §1 (AMD).]
SECTION HISTORY
PL 1965, c. 406, §1 (AMD). PL 1997, c. 757, §1 (AMD). PL 2021, c. 705, §1 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 15: PREFERENCE TO MAINE WORKS AND CONTRACTORS › 26 §1305. Policy declared

§1305. Policy declared
It is declared to be the policy of the State that a wage of no less than the prevailing hourly rate of wages and benefits for work of a similar character in this State must be paid to all workers employed in the construction of public works or assisted projects.   [PL 2021, c. 705, §4 (AMD).]
SECTION HISTORY
PL 1965, c. 406, §2 (NEW). PL 1967, c. 403 (RPR). PL 1997, c. 757, §4 (AMD). PL 2021, c. 705, §4 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 15: PREFERENCE TO MAINE WORKS AND CONTRACTORS › 26 §1306. Fair minimum rate of wages and benefits; determination

§1306. Fair minimum rate of wages and benefits; determination
The public authority shall, before advertising for bids for a public contract, ascertain from the Director of the Bureau of Labor Standards the fair minimum rate of wages and benefits to be paid by the successful bidder to the laborers, workers or mechanics employed in the performance of the contract. A schedule of minimum wages and benefits must be attached to and made a part of the specifications for the construction and must be included in the bidding documents. The "fair minimum rate of wages and benefits," for the intent and purposes of sections 1304 to 1313, is the prevailing wage and benefits paid in the locality in like construction. The director or a delegated member of that bureau shall assemble the data as to wages paid by contractors employing 5 or more construction workers in the State during the 2nd and 3rd week of September of each year. From these data, the fair minimum wage and benefits for the following calendar year must be determined by the director. Minimum wages and benefits may not be established for any trade or occupation if fewer than 10 workers are employed in such a trade or occupation in the State in the 2nd and 3rd week of September.   [PL 1997, c. 757, §5 (AMD).]
The minimum wage and benefits must be established and filed as requested by the public authority within 30 days after such a request is received by the director. No minimum wage may be determined until January 1, 1968 and does not apply to the construction of public works then underway. When fair minimum wage and benefit rates are included and made a part of any contract, the rate must remain unchanged during the time the contract is in effect.   [PL 1997, c. 757, §5 (AMD).]
SECTION HISTORY
PL 1965, c. 406, §2 (NEW). PL 1967, c. 403 (RPR). PL 1971, c. 620, §13 (AMD). PL 1975, c. 59, §3 (AMD). RR 1995, c. 2, §66 (COR). PL 1997, c. 757, §5 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 15: PREFERENCE TO MAINE WORKS AND CONTRACTORS › 26 §1306-A. Assisted project

§1306-A. Assisted project
1.  Wages and benefits.
Beginning January 1, 2023, a contractor or subcontractor working on an assisted project shall pay all construction workers working on the assisted project no less than the prevailing rate for wages and benefits, as determined by the bureau as set forth in this chapter.
[PL 2021, c. 705, §5 (NEW).]
2.  Apprentices.
An entity responsible for an assisted project shall take reasonable steps to ensure that all contractors and subcontractors working on an assisted project meet the requirements of this section. A contractor or subcontractor working on an assisted project shall provide proof within 7 days of a request from the Department of Labor that any apprentices employed on the project are in a registered apprenticeship program. For purposes of this subsection, "entity responsible" includes any recipient of assistance for the assisted project and any corporations, joint ventures, partnerships or other persons and their successors or assigns that hire contractors or construction managers to perform work on the assisted project.
[PL 2021, c. 705, §5 (NEW).]
SECTION HISTORY
PL 2021, c. 705, §5 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 15: PREFERENCE TO MAINE WORKS AND CONTRACTORS › 26 §1307. Minimum Wage Rate on Construction Projects Board; appointments; duties (REPEALED)

§1307. Minimum Wage Rate on Construction Projects Board; appointments; duties
(REPEALED)
SECTION HISTORY
PL 1965, c. 406, §2 (NEW). PL 1967, c. 403 (RPR). PL 1971, c. 620, §13 (AMD). PL 1975, c. 59, §3 (AMD). PL 1975, c. 771, §288 (AMD). PL 1981, c. 168, §26 (AMD). PL 1983, c. 812, §165 (AMD). PL 1987, c. 786, §14 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 15: PREFERENCE TO MAINE WORKS AND CONTRACTORS › 26 §1307-A. Minimum wage and benefits rate on construction projects

§1307-A. Minimum wage and benefits rate on construction projects
The Director of the Bureau of Labor Standards shall form an informal, ad hoc advisory board to advise the director with respect to issues relating to wage rates on construction projects. In forming this advisory board, the director shall select a person from labor engaged in the building trades, a person from labor engaged in the highway and heavy construction trades, a person from the highway and heavy contractors and a person from the building contractors. The board must consist equally of persons and contractors covered by collectively bargained labor agreements and those not covered by collectively bargained labor agreements.   [PL 1997, c. 757, §6 (AMD).]
SECTION HISTORY
PL 1987, c. 786, §15 (NEW). PL 1997, c. 757, §6 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 15: PREFERENCE TO MAINE WORKS AND CONTRACTORS › 26 §1309. Contract to contain provisions relative to rate of wages and benefits to be paid

§1309. Contract to contain provisions relative to rate of wages and benefits to be paid
In all cases when a fair minimum wage and benefits have been established, the contract between the public authority and the successful bidder must contain a provision requiring the successful bidder and all subcontractors of the successful bidder to pay a rate or rates of wages and benefits that are not less than the fair minimum wage and benefits.   [PL 1997, c. 757, §8 (AMD).]
SECTION HISTORY
PL 1965, c. 406, §2 (NEW). PL 1967, c. 403 (RPR). PL 1997, c. 757, §8 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 15: PREFERENCE TO MAINE WORKS AND CONTRACTORS › 26 §1310. Wage and benefits rates to be kept posted

§1310. Wage and benefits rates to be kept posted
A clearly legible statement of all fair minimum wage and benefits rates to be paid the several classes of laborers, workers and mechanics employed on the construction on the public work must be kept posted in a prominent and easily accessible place at the site by each contractor and subcontractor subject to sections 1304 to 1313.   [PL 1997, c. 757, §8 (AMD).]
SECTION HISTORY
PL 1965, c. 406, §2 (NEW). PL 1967, c. 403 (RPR). PL 1997, c. 757, §8 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 15: PREFERENCE TO MAINE WORKS AND CONTRACTORS › 26 §1311. Wage and benefit record of contractor

§1311. Wage and benefit record of contractor
The contractor and each subcontractor in charge of the construction of a public work or assisted project shall keep an accurate record showing the names and occupation of all laborers, workers and mechanics employed by them and all independent contractors working under contract with them in connection with the construction on the public works or assisted project. The record must also show for all laborers, workers, mechanics and independent contractors the hours worked, the title of the job, the hourly rate or other method of remuneration and the actual wages or other compensation paid to each of the laborers, workers, mechanics and independent contractors. A copy of such a record must be kept at the job site and must be open at all reasonable hours to the inspection of the Bureau of Labor Standards and the public authority that let the contract and its officers and agents. It is not necessary to preserve those records for a period longer than 3 years after the termination of the contract. A copy of each such record must also be filed monthly with the public authority that let the contract or with the agency of the State providing economic assistance to the assisted project. The filed record is a public record pursuant to Title 1, chapter 13, except that the public authority letting a contract shall adopt rules to protect the privacy of personal information contained in the records filed with the public authority under this section, such as Social Security numbers and taxpayer identification numbers. The rules may not prevent the disclosure of information regarding the classification of workers or independent contractors and the remuneration they receive. Such rules are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A.   [PL 2021, c. 705, §6 (AMD).]
SECTION HISTORY
PL 1965, c. 406, §2 (NEW). PL 1967, c. 403 (RPR). PL 1971, c. 620, §13 (AMD). PL 1975, c. 59, §3 (AMD). PL 1997, c. 757, §9 (AMD). PL 2003, c. 432, §1 (AMD). PL 2021, c. 705, §6 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 15: PREFERENCE TO MAINE WORKS AND CONTRACTORS › 26 §1313. Existing contracts

§1313. Existing contracts
Sections 1304 to 1313 apply only to contracts for construction on public works let after January 1, 1968 and to construction on public works for which there has been determined the fair minimum wage and benefits rates as provided in sections 1304 to 1313 and that determination has not been appealed as provided by section 7.   [PL 1997, c. 757, §10 (AMD).]
SECTION HISTORY
PL 1965, c. 406, §2 (NEW). PL 1967, c. 403 (RPR). PL 1997, c. 757, §10 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 15: PREFERENCE TO MAINE WORKS AND CONTRACTORS › 26 §1314. Exceptions

§1314. Exceptions
1.  Certain federal funds.
Whenever a public works construction is built in whole or in part using federal funds and is under the jurisdiction of the federal Davis-Bacon Act or other federal act that requires the United States Secretary of Labor to establish the minimum wage and benefits and those minimum wages and benefits are established by the United States Secretary of Labor, sections 1304 to 1313 do not apply.
[PL 2021, c. 705, §9 (NEW).]
2.  Exceptions for registered apprenticeship programs.
A contractor or subcontractor working on a public works project or assisted project subject to this chapter may hire a worker at the rate recognized for registered apprentices working in the pertinent classification only if the worker is a participant in a registered apprenticeship program. For purposes of this subsection, "registered apprenticeship program" means a program that is registered pursuant to 29 Code of Federal Regulations, Section 29.3 (2016) with the United States Department of Labor, Employment and Training Administration, Office of Apprenticeship or a state apprenticeship agency recognized by the Office of Apprenticeship.
[PL 2021, c. 705, §9 (NEW).]
SECTION HISTORY
PL 1967, c. 403 (NEW). PL 1997, c. 757, §11 (AMD). PL 2021, c. 705, §9 (RPR).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 15: PREFERENCE TO MAINE WORKS AND CONTRACTORS › 26 §1315. Cooperation with the United States Department of Labor

§1315. Cooperation with the United States Department of Labor
The Bureau of Labor Standards may exchange wage and benefits finding information with the United States Department of Labor when the Secretary of Labor is required to establish the minimum wage and benefits rates as defined in section 1314.   [PL 1997, c. 757, §12 (AMD).]
SECTION HISTORY
PL 1973, c. 233 (NEW). PL 1975, c. 59, §3 (AMD). RR 1995, c. 2, §68 (COR). PL 1997, c. 757, §12 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 15: PREFERENCE TO MAINE WORKS AND CONTRACTORS › 26 §1316. Public works contract requirements (REPEALED)

§1316. Public works contract requirements
(REPEALED)
SECTION HISTORY
PL 2011, c. 463, §3 (NEW). PL 2019, c. 278, §1 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 15: PREFERENCE TO MAINE WORKS AND CONTRACTORS › 26 §1317. Construction safety training requirements for craft workers

§1317. Construction safety training requirements for craft workers
A contractor or subcontractor employing craft workers in the construction of public works shall require mandatory safety training for all craft workers in accordance with the requirements of this section.   [PL 2021, c. 465, §4 (NEW).]
1.  Mandatory safety training.
A contractor or subcontractor employing craft workers in the construction of public works shall require that all craft workers on the construction work site have completed a construction safety training program that uses a curriculum approved by the United States Department of Labor, Occupational Safety and Health Administration and is at least 10 hours in duration.
[PL 2021, c. 465, §4 (NEW).]
2.  Proof of compliance.
A contractor or subcontractor shall complete and submit monthly to the public authority that let the contract a signed statement of compliance that each craft worker has completed the training required in subsection 1.
[PL 2021, c. 465, §4 (NEW).]
3.  Posting of affidavit on job site.
A contractor or subcontractor shall post in a conspicuous location at each job site a signed affidavit that the contractor or subcontractor has met the requirements of this section.
[PL 2021, c. 465, §4 (NEW).]
4.  Rules.
The Commissioner of Labor may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2021, c. 465, §4 (NEW).]
SECTION HISTORY
PL 2021, c. 465, §4 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 16: AGRICULTURAL EMPLOYEES LABOR RELATIONS ACT (REPEALED) › 26 §1321. Purpose (REPEALED)

§1321. Purpose
(REPEALED)
SECTION HISTORY
PL 1997, c. 472, §1 (NEW). PL 2011, c. 565, §1 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 16: AGRICULTURAL EMPLOYEES LABOR RELATIONS ACT (REPEALED) › 26 §1322. Definitions (REPEALED)

§1322. Definitions
(REPEALED)
SECTION HISTORY
PL 1997, c. 472, §1 (NEW). PL 2011, c. 565, §1 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 16: AGRICULTURAL EMPLOYEES LABOR RELATIONS ACT (REPEALED) › 26 §1323. Rights of agricultural employees; organization, collective bargaining (REPEALED)

§1323. Rights of agricultural employees; organization, collective bargaining
(REPEALED)
SECTION HISTORY
PL 1997, c. 472, §1 (NEW). PL 2011, c. 565, §1 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 16: AGRICULTURAL EMPLOYEES LABOR RELATIONS ACT (REPEALED) › 26 §1324. Prohibited acts of agricultural employers, agricultural employees and agricultural employee organizations (REPEALED)

§1324. Prohibited acts of agricultural employers, agricultural employees and agricultural employee organizations
(REPEALED)
SECTION HISTORY
PL 1997, c. 472, §1 (NEW). PL 2011, c. 565, §1 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 16: AGRICULTURAL EMPLOYEES LABOR RELATIONS ACT (REPEALED) › 26 §1325. Obligation to bargain (REPEALED)

§1325. Obligation to bargain
(REPEALED)
SECTION HISTORY
PL 1997, c. 472, §1 (NEW). PL 2011, c. 565, §1 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 16: AGRICULTURAL EMPLOYEES LABOR RELATIONS ACT (REPEALED) › 26 §1326. Bargaining unit; how determined (REPEALED)

§1326. Bargaining unit; how determined
(REPEALED)
SECTION HISTORY
PL 1997, c. 472, §1 (NEW). PL 2011, c. 565, §1 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 16: AGRICULTURAL EMPLOYEES LABOR RELATIONS ACT (REPEALED) › 26 §1327. Determination of bargaining agent (REPEALED)

§1327. Determination of bargaining agent
(REPEALED)
SECTION HISTORY
PL 1997, c. 472, §1 (NEW). PL 2011, c. 565, §1 (RP).