reglab/statecodes huggingface dataset:
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 13 - RESOLUTION OF CONTRACT NEGOTIATION DISPUTES › MEDIATION › Section 180-13-5 - Appointment of Mediators

Current through 2024-29, July 17, 2024
The executive director is responsible for appointing a
					 member of the Panel of Mediators to assist the parties in resolving their
					 dispute. The assigned mediator is responsible for scheduling all mediation
					 sessions.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 13 - RESOLUTION OF CONTRACT NEGOTIATION DISPUTES › MEDIATION › Section 180-13-6 - Confidentiality in Mediation

Current through 2024-29, July 17, 2024
Any information disclosed by either party to the dispute
					 to the mediator in the performance of the duties of a mediator is privileged,
					 as provided by 26 M.R.S.A. §965(2).
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 13 - RESOLUTION OF CONTRACT NEGOTIATION DISPUTES › FACT-FINDING › Section 180-13-21 - Who May Request Fact Finding

Current through 2024-29, July 17, 2024
Either party to a dispute may request the executive
					 director to assign a fact-finding panel in accordance with these rules. When a
					 request for fact finding is received, the executive director shall appoint a
					 fact-finding panel, ordinarily of three members. In the case of judicial
					 employees, if the parties agree to call upon the Board of Arbitration and
					 Conciliation for fact-finding services, they must file a joint request for fact
					 finding in accordance with 26 M.R.S.A. §1285(3) and with these
					 rules.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 13 - RESOLUTION OF CONTRACT NEGOTIATION DISPUTES › FACT-FINDING › Section 180-13-22 - Request to Waive Fact Finding

Current through 2024-29, July 17, 2024
Except in the case of judicial employees, if the parties
					 agree not to follow the established fact-finding procedures, they shall jointly
					 apply to the executive director to waive fact finding. The executive director
					 may, in his or her discretion, concur with that agreement when substantial
					 negotiating progress has been made prior to fact finding and the factual issues
					 to be presented to an arbitrator or arbitration panel are reasonable and
					 manageable in their number and difficulty.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 13 - RESOLUTION OF CONTRACT NEGOTIATION DISPUTES › FACT-FINDING › Section 180-13-23 - Request for Fact-Finding

Current through 2024-29, July 17, 2024
The filing party shall file the request for fact-finding
					 with the executive director pursuant to the filing requirements of Chapter 10,
					 section 7. The request may be submitted on a form supplied by the Board. The
					 request must contain:
1.
Name of
				  Requesting Party
. The name, address, business and residence telephone
				  numbers of the person filing the request and, if different, the name, address,
				  business and residence telephone numbers of the person responsible for making
				  the presentation to the fact finders.
2.
Name of Representatives of Other
				  Party
. The name, address, business and residence telephone numbers of
				  the bargaining representative of the other party and, if different, the name,
				  address, business and residence telephone numbers of the person who is expected
				  to make the presentation to the fact finders on behalf of the other party, if
				  known.
3.
Name of Bargaining
				  Unit
. The name of the bargaining unit involved, or the bargaining units
				  involved if the negotiations involve more than one bargaining unit.
4.
Type of Request
. A statement
				  indicating whether the request is unilateral or joint. If it is a joint
				  request, the request must include a statement indicating whether the request is
				  a joint request for the services of the Board of Arbitration and Conciliation
				  as fact finders or seeks the appointment of private fact finders by the
				  executive director.
5.
Issues
				  in Controversy
. An appended statement indicating the unresolved issues
				  in controversy marked "Issues in Controversy, Exhibit 1" signed by the
				  requesting party, if the request is unilateral, or signed by the requesting
				  party and the bargaining representative of the other party if the request is
				  joint.
6.
Alternative Times
				  and Dates
. An indication of alternative times, dates and places suitable
				  for the requested hearing and an indication of which, if any, are acceptable to
				  both parties to the controversy.
7.
Signatures
. The place and date the request was made, the signature
				  of each requesting individual and the capacity in which each individual is
				  acting.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 13 - RESOLUTION OF CONTRACT NEGOTIATION DISPUTES › FACT-FINDING › Section 180-13-24 - Copy of Request to Other Party

Current through 2024-29, July 17, 2024
Any party making a unilateral request for fact finding
					 shall mail or email a copy of that request to the other
					 party.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 13 - RESOLUTION OF CONTRACT NEGOTIATION DISPUTES › FACT-FINDING › Section 180-13-25 - Qualification of Fact Finders

Current through 2024-29, July 17, 2024
No person may serve as a fact finder who is from the
					 community involved in the dispute or who may have a conflict of interest
					 arising from the circumstances of the controversy. However, if both parties
					 waive this geographic restriction, the executive director may appoint fact
					 finders who are residents of the community involved in the
					 dispute.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 13 - RESOLUTION OF CONTRACT NEGOTIATION DISPUTES › FACT-FINDING › Section 180-13-26 - Appointment of Fact Finders

Current through 2024-29, July 17, 2024
The executive director shall appoint a panel of fact
					 finders in accordance with this rule, whether the request is a joint request
					 for fact finders from the Board of Arbitration and Conciliation (BAC) or a
					 request for private fact finders.
1.
Board of Arbitration and Conciliation (BAC)
. When the executive
				  director has received a joint request for fact-finding services from members of
				  the BAC, the executive director may first bill the parties for the estimated
				  costs in accordance with section
				  27 of this Chapter. Once one party has
				  paid its share, the executive director shall appoint the fact-finding panel
				  from the three categories of BAC members.
2.
Private Fact Finders
. When
				  there is a request for private fact finders, the executive director shall
				  appoint these fact finders by making reference to three lists of fact finders
				  maintained by the Maine Labor Relations Board, marked "Management
				  Representative Fact Finders," "Employee Representative Fact Finders" and
				  "Neutral-Chair Fact Finders." The executive director shall submit the current
				  list of employee fact finders to the bargaining agent and the current list of
				  management fact finders to the public employer. After receipt of such lists,
				  each party shall notify the executive director of the names, in order of
				  preference, of no more than 5 persons from the list of fact finders which that
				  party prefers to have appointed to the fact-finding panel. The executive
				  director will make every effort to comply with the parties' wishes in
				  appointing the employee and management representatives to the fact-finding
				  panel, but is not required to do so. The executive director shall select one
				  person from each of the lists provided by the parties to serve on the
				  fact-finding panel and shall select one person from the "Neutral-Chair
				  Fact-Finders" list to be chair of the panel.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 13 - RESOLUTION OF CONTRACT NEGOTIATION DISPUTES › FACT-FINDING › Section 180-13-27 - Costs

Current through 2024-29, July 17, 2024
The costs for services of the fact-finding panel must be
					 shared equally by the parties to the controversy. Costs include per diem
					 expenses and actual and necessary travel and subsistence expenses for the
					 panel, the costs, if any, of hiring the premises where the hearing is conducted
					 and the costs and expenses incurred in the production and publication of the
					 resulting report, including stenographic expenses. The billing process depends
					 on whether the fact finders are members of the Board of Arbitration and
					 Conciliation or private fact finders.
1.
Board of Arbitration and
				  Conciliation (BAC) Fact Finders
. When a request for fact-finding
				  services by members of the BAC is received, the executive director may estimate
				  costs and collect those costs prior to providing the services. Per diem fees
				  are established by statute in 26 M.R.S.A. §931. Once one party has paid
				  its share of the estimated cost, the matter is scheduled for hearing. The
				  executive director shall bill or reimburse the parties for any difference
				  between the estimated costs that were collected and the actual costs of
				  providing the services.
2.
Private Fact Finders
. The parties are billed directly for the
				  costs of services provided by private fact finders. The fees are set by the
				  individual private fact finders.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 13 - RESOLUTION OF CONTRACT NEGOTIATION DISPUTES › FACT-FINDING › Section 180-13-28 - Notice of Hearing

Current through 2024-29, July 17, 2024
Once the executive director has appointed fact finders and
					 arranged for the hearing, the executive director shall notify all parties to
					 the controversy and the fact finders of the time, place and date for the
					 hearing. This notification to the parties and to the fact finders must be sent
					 at least 10 working days prior to the date set for the hearing. This 10-day
					 limitation may be modified for cause by the executive
					 director.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 13 - RESOLUTION OF CONTRACT NEGOTIATION DISPUTES › FACT-FINDING › Section 180-13-29 - Cancellations

Current through 2024-29, July 17, 2024
A unilateral cancellation of a fact-finding hearing is not
					 permitted once the letter of appointment and notice of hearing has been sent by
					 the executive director. Fact-finding proceedings may only be cancelled or
					 postponed if both parties to the controversy jointly agree and so notify the
					 executive director and the members of the fact-finding panel. If a private
					 fact-finding hearing is cancelled by joint agreement of the parties after the
					 letter of appointment and notice of hearing has been sent, the members of the
					 private fact-finding panel are entitled to a minimum of one day's compensation
					 and reimbursement for expenses incurred if the cancellation occurs within 5
					 calendar days of the date of the hearing. Payment of these costs to the private
					 fact finders must be shared equally by the parties to the
					 controversy.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 13 - RESOLUTION OF CONTRACT NEGOTIATION DISPUTES › FACT-FINDING › Section 180-13-30 - Submission of Briefs or Statements

Current through 2024-29, July 17, 2024
Each party to the controversy shall submit a brief or
					 statement on the unresolved issues in controversy to the other party, to each
					 of the appointed members of the fact-finding panel and to the executive
					 director at least 5 working days prior to the date of hearing. This period may
					 be modified by the executive director if less than 10 days' notice of the
					 hearing is provided. This brief or statement may contain statements, facts,
					 precedents or other pertinent evidence to support that party's position on the
					 issues in question. All issues to be heard in oral argument must be set forth
					 in this brief or statement. If the fact-finding proceeding is unilaterally
					 invoked, the non-invoking party must include in its brief or statement any new
					 issues it will raise at the fact-finding proceeding. The party requesting fact
					 finding shall submit with its brief the most recent collective bargaining
					 agreement, if any, between it and the other party.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 13 - RESOLUTION OF CONTRACT NEGOTIATION DISPUTES › FACT-FINDING › Section 180-13-31 - Conduct of Hearings

Current through 2024-29, July 17, 2024
A fact-finding hearing is not a public hearing. A
					 fact-finding hearing may only be public if all the parties and all the fact
					 finders agree to have it public.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 13 - RESOLUTION OF CONTRACT NEGOTIATION DISPUTES › FACT-FINDING › Section 180-13-32 - Ex Parte Communications

Current through 2024-29, July 17, 2024
A party's representative may communicate with that side's
					 partisan member of the fact-finding panel without violating any prohibition on
ex parte
communications. No party or other person legally
					 interested in the outcome of a hearing, however, may communicate
ex
					 parte
either directly or indirectly with the panel's neutral
					 chair.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 13 - RESOLUTION OF CONTRACT NEGOTIATION DISPUTES › FACT-FINDING › Section 180-13-33 - Evidence

Current through 2024-29, July 17, 2024
The fact-finding panel shall base its findings of fact and
					 recommendations upon reliable and credible evidence produced at the hearing,
					 but the panel may not insist on adherence to the legal rules of evidence. The
					 fact-finding panel may request statistical data and reports on its own
					 initiative in addition to the data regularly maintained by the Department of
					 Labor. The panel has the power to administer oaths and to require by subpoena
					 the attendance and testimony of witnesses and the production of books, records
					 and other evidence relative or pertinent to the issues presented to
					 them.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 13 - RESOLUTION OF CONTRACT NEGOTIATION DISPUTES › FACT-FINDING › Section 180-13-34 - Post-Hearing Briefs

Current through 2024-29, July 17, 2024
When requested by a majority of the fact-finding panel,
					 post-hearing briefs must be submitted not more than 10 calendar days after the
					 termination of the fact-finding hearing.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 13 - RESOLUTION OF CONTRACT NEGOTIATION DISPUTES › FACT-FINDING › Section 180-13-35 - Fact-Finders Report

Current through 2024-29, July 17, 2024
It is the responsibility of the chair of the fact-finding
					 panel to prepare and distribute a fact-finding report containing the fact
					 finders' findings and recommendations.
1.
Distribution; Due Date
. The
				  chair of the fact-finding panel shall submit a copy of the fact-finding report
				  to each of the parties to the controversy and the original and one duplicate to
				  the executive director not more than 30 calendar days after the termination of
				  the hearing or after the panel's receipt of any post-hearing evidence or
				  argument.
2.
Extension of Due
				  Date
. The 30-day limit for the distribution of the fact-finding report
				  may be extended by the Maine Labor Relations Board or executive director only
				  in extenuating circumstances if the chair of the fact-finding panel initiates
				  the request for an extension at least 5 calendar days before the expiration of
				  the 30-day period. The chair must confirm the request in writing and provide a
				  copy to each party. The Board or executive director shall rule on the request,
				  state whether or not the extension was granted and, if so, the length of the
				  extension, and shall send a copy of the ruling and the request to the chair of
				  the fact-finding panel and to each of the parties to the controversy.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 13 - RESOLUTION OF CONTRACT NEGOTIATION DISPUTES › FACT-FINDING › Section 180-13-36 - Contents of Report

Current through 2024-29, July 17, 2024
As a minimum, the report must contain:
1.
Heading
. A clear and concise
				  heading making it readily apparent that the report results from a fact-finding
				  hearing.
2.
Parties
. A
				  clear and concise designation of each of the parties to the
				  controversy.
3.
Panel
				  Members
. The name and affiliation of each member of the fact-finding
				  panel.
4.
Time of
				  Hearing
. Time, date and place of the commencement and termination of the
				  hearing.
5. Party Representatives.
				  Names and capacities of persons appearing for and representing each side in the
				  controversy.
6.
Procedures
				  Used
. Statement of procedures followed prior to the fact-finding
				  hearing.
7.
Recommendations
				  and Issues Resolved by Agreement
. A detailed description of each
				  unresolved issue submitted as an issue in controversy indicating the issue, the
				  position of each party at the time of hearing and the ultimate recommendation
				  of the fact finders on that issue. Any issues resolved by mutual agreement
				  prior to or at the hearing must also be noted. In the case of successor
				  agreements, the applicable contract sections which are the subject of
				  recommendations by the fact finders must be specifically identified by article
				  and section number.
8.
Signatures
. Date, place, capacities and signatures of the members
				  of the fact-finding panel and, in the absence of any member's signature, an
				  indication of whether a minority report will be filed.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 13 - RESOLUTION OF CONTRACT NEGOTIATION DISPUTES › FACT-FINDING › Section 180-13-37 - Minority Reports

Current through 2024-29, July 17, 2024
Minority reports may be submitted as a result of
					 fact-finding hearings but must be prepared by the fact finder submitting the
					 minority report. A minority report, if any, must be filed with each of the
					 parties to the controversy, with the majority members of the fact-finding panel
					 and with the executive director not more than 10 working days after the
					 submission of the majority report. A minority report must be clearly marked
					 "Minority Report," must contain the items specified in section
					 36 of this Chapter, subsections 1, 2
					 and 3, must clearly state each issue on which the panel member is dissenting
					 and must state the dissenting member's recommendations and reasons on an
					 issue-by-issue basis.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 13 - RESOLUTION OF CONTRACT NEGOTIATION DISPUTES › FACT-FINDING › Section 180-13-38 - Subsequent Action by the Parties

Current through 2024-29, July 17, 2024
The parties have a period of 30 calendar days after the
					 receipt of findings and recommendations from the fact finders in which to make
					 a good faith effort to resolve their controversy. If the parties have not
					 resolved their controversy by the end of that period, either party may make the
					 fact-finding recommendations public, but not until the end of that period
					 unless the parties otherwise jointly agree.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 13 - RESOLUTION OF CONTRACT NEGOTIATION DISPUTES › ARBITRATION › Section 180-13-51 - Joint Request Required for Board of Arbitration and Conciliation (BAC)

Current through 2024-29, July 17, 2024
All requests for arbitration services from members of the
					 BAC must be a joint request from the parties to the dispute. In the case of
					 interest arbitration, both parties must sign a letter or form requesting
					 interest arbitration from the BAC. In grievance arbitration cases, if the
					 applicable collective bargaining agreement includes an agreement to use the
					 services of the BAC, the request filed need not be a joint
					 request.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 13 - RESOLUTION OF CONTRACT NEGOTIATION DISPUTES › ARBITRATION › Section 180-13-52 - Costs

Current through 2024-29, July 17, 2024
When a joint request for arbitration services by members
					 of the BAC is received, the executive director may estimate costs and collect
					 those costs prior to providing the services. Per diem fees are established by
					 statute in 26 M.R.S.A. §931. Once one party has paid its share of the
					 estimated cost, the matter is scheduled for hearing. The executive director
					 shall bill or reimburse the parties for any difference between the estimated
					 costs that were collected and the actual costs of providing the
					 services.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 13 - RESOLUTION OF CONTRACT NEGOTIATION DISPUTES › ARBITRATION › Section 180-13-53 - Other Arbitration Proceedings

Current through 2024-29, July 17, 2024
If the parties do not agree to request the services of the
					 BAC jointly, the procedures specified in the applicable collective bargaining
					 statute for selecting an arbitrator or arbitration panel apply.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 1 - RULES RELATING TO LABOR STANDARDS FOR REGISTRATION OF APPRENTICESHIP PROGRAMS › Section 181-1-1 - Purpose and Scope

Current through 2024-29, July 17, 2024
A. Title 26 MRSA
				Chapter 37 at 3202 authorizes and directs the Maine Apprenticeship Program to
				formulate and promote the furtherance of labor standards necessary to safeguard
				the welfare of apprentices and to extend the application of such standards by
				requiring the inclusion thereof in contracts of apprenticeship.
B. The purpose of this regulation is to set
				forth labor standards to safeguard the welfare of apprentices, promote
				apprenticeship opportunity and to extend the application of such standards by
				prescribing rules and regulations concerning the registration of acceptable
				apprenticeship programs in Maine. These labor standards, rules and regulations
				cover the registration, termination and deregistration of apprenticeship
				programs and of apprenticeship agreements, and matters relating
				thereto.
C. The provisions of this
				regulation shall apply to a person, firm, corporation, occupation or craft only
				after such person, firm, corporation, occupation or craft has voluntarily
				elected to conform to its provision.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 1 - RULES RELATING TO LABOR STANDARDS FOR REGISTRATION OF APPRENTICESHIP PROGRAMS › Section 181-1-3 - Eligibility and Procedure for Maine Apprenticeship Program Registration

Current through 2024-29, July 17, 2024
A. No apprenticeship program or agreement
				shall be eligible for registration with the Maine Apprenticeship Program unless
				it is in conformity with the requirements of Chapter 37 and this regulation,
				and the training is in an apprenticeable occupation requiring not less than
				2,000 hours of on job work experience and the characteristics set forth in MRS
				Title 26, Chapter 37 B. Apprentices must be individually registered under a
				registered program. Such registration shall be affected by filing copies of
				each apprenticeship agreement with the Maine Apprenticeship Program.
				Registration shall be reserved for those desiring to learn an occupation
				through reasonably continuous employment. Agreements shall not be registered
				for persons desiring only interim work or employed on a substantially shorter
				work week than is prevailing in the industry. This, however, does not apply to
				students pursuing a course of study in the same trade or closely related to the
				trade for which application is being made for registration.
C. The Maine Apprenticeship Program shall be
				notified within 45 days of persons who have successfully completed
				apprenticeship programs; and of transfers, suspensions, and cancellations of
				apprenticeship agreements and a statement of the reasons therefore.
D. Approved apprenticeship programs shall be
				accorded registration, evidenced by a certificate of registration.
E. Any modification(s) or change(s) to
				registered standards shall be promptly submitted to the Maine Apprenticeship
				Program and if approved, shall be recorded and acknowledged as a revision of
				such standards.
F. The request for
				registration, together with all documents and data required by Chapter 37 and
				this regulation, shall be submitted to the Maine Apprenticeship
				Program.
H. Where the employees to
				be trained have no collective bargaining agent, an apprenticeship program may
				be proposed for registration by an employer or group of employers.
I. If the sponsor is involved in any abnormal
				labor condition such as a strike, lockout, or other similar condition, the
				application for an apprenticeship program may be withheld until such issue is
				resolved.
J. If it should be
				determined by the Bureau that a sponsor is in violation of any Federal or State
				Labor laws or rules and regulations affecting registration of programs, the
				application for an apprenticeship program may be withheld until such issues are
				resolved.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 1 - RULES RELATING TO LABOR STANDARDS FOR REGISTRATION OF APPRENTICESHIP PROGRAMS › Section 181-1-4 - Criteria for Apprenticeable Occupations

Current through 2024-29, July 17, 2024
An apprenticeable occupation is one which is specified by the
				  industry and which possesses all of the following characteristics:
A. Is customarily learned in a practical way
				through a structured systematic program of on-the-job supervised
				training;
B. It is clearly
				identified and commonly recognized throughout an industry;
C. Involves the progressive attainment of
				manual, mechanical or technical skills and knowledge which, in accordance with
				the industry standard for the occupation, would require the completion of at
				least 2,000 hours on on-the-job learning to attain; and
D. It requires related instruction to
				supplement the on-the-job learning.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 1 - RULES RELATING TO LABOR STANDARDS FOR REGISTRATION OF APPRENTICESHIP PROGRAMS › Section 181-1-6 - Apprenticeship Agreement

Current through 2024-29, July 17, 2024
The apprenticeship agreement shall contain explicitly or by
				  reference:
A. Name and signature of
				the contracting parties (apprentice, and the program sponsor or employer), and
				the signature of a parent or guardian if the apprentice is a minor;
B. The date of birth of apprentice;
C. Name and address of the program sponsor
				and registration agency;
D. A
				statement of the trade or craft in which the apprentice is to be trained and
				the beginning date and term of apprenticeship;
E. A statement showing:
1. The number of hours to be spent by the
				apprentice in work on the job; and
2. The number of hours to be spent in related
				and supplemental instruction;
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 1 - RULES RELATING TO LABOR STANDARDS FOR REGISTRATION OF APPRENTICESHIP PROGRAMS › Section 181-1-7 - Deregistration of Maine Apprenticeship Program-Registered Program

Current through 2024-29, July 17, 2024
Deregistration of a program may be effected upon the
				  voluntary action of the sponsor by a request for cancellation of the
				  registration or, upon reasonable cause, by the Maine Apprenticeship Program,
				  instituting formal deregistration proceedings in accordance with the provisions
				  of this regulation.
A. Request by
				Sponsor. The Maine Apprenticeship Program may cancel the registration of an
				apprenticeship program by a written acknowledgement of such request stating,
				but not limited to, the following:
1. The
				registration is canceled at sponsor's request, and giving the effective date of
				such cancellation; and
2. That,
				within 15 workdays of the date of the acknowledgement, the sponsor must notify
				all apprentices of such cancellation and the effective date; that such
				cancellation automatically deprives the apprentice of his/her individual
				registration.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 1 - RULES RELATING TO LABOR STANDARDS FOR REGISTRATION OF APPRENTICESHIP PROGRAMS › Section 181-1-8 - Hearings

Current through 2024-29, July 17, 2024
A. Notice of hearings to be held by the Maine
				Apprenticeship Program shall be given as follows:
1. Within 10 working day of receipt of a
				request for a hearing, notice will be given by registered mail, return receipt
				requested, to the person or person's whose legal rights, duties or privileges
				are at issue, sufficiently in advance of the hearing date to afford an adequate
				opportunity to prepare and submit evidence and argument.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 1 - RULES RELATING TO LABOR STANDARDS FOR REGISTRATION OF APPRENTICESHIP PROGRAMS › Section 181-1-9 - Reinstatement of Program Registration

Current through 2024-29, July 17, 2024
Any apprenticeship program deregistered pursuant to Chapter
				  37, and this regulation, may be reinstated upon presentation of adequate
				  evidence that the apprenticeship program is operating in accordance with
				  Chapter 37 and this regulation. Such evidence shall be presented to the Maine
				  Apprenticeship Program, if an order of deregistration was entered pursuant to a
				  hearing.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 1 - RULES RELATING TO LABOR STANDARDS FOR REGISTRATION OF APPRENTICESHIP PROGRAMS › Section 181-1-10 - Complaints

Current through 2024-29, July 17, 2024
A. This section is not applicable to any
				complaint concerning discrimination or other equal opportunity matters; all
				such complaints shall be submitted, processed, and resolved in accordance with
				State or Federal Equal opportunity laws.
B. Any controversy or differences arising
				under an apprenticeship agreement which cannot be resolved locally, or which is
				not covered by a collective bargaining agreement may be submitted by an
				apprentice or his/her authorized representative to the Maine Apprenticeship
				Program for review. Matters covered by a collective bargaining agreement are
				not subject to such review.
C. The
				complaint, in writing, and signed by the complainant, or authorized
				representative, shall be submitted within 60 days of the final local decision.
				it shall set forth the specific matter(s) complained of, together with all
				relevant facts and circumstances. Copies of all pertinent documents and
				correspondence shall accompany the complaint.
D. The Maine Apprenticeship Program shall
				render an opinion within 90 days after receipt of the complaint, based upon
				such investigation of the matters submitted as may be found necessary, and the
				record before it. During the 90-day period, the Maine Apprenticeship Program
				shall make reasonable efforts to affect a satisfactory resolution between the
				parties involved. If so resolved, the parties shall be notified that the case
				is closed. Where a decision is rendered, copies of the decision shall be sent
				to all interested parties which shall be final.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 1 - RULES RELATING TO LABOR STANDARDS FOR REGISTRATION OF APPRENTICESHIP PROGRAMS › Section 181-1-11 - Reciprocity

Current through 2024-29, July 17, 2024
Where there exists similar Standards between the Maine
				  Apprenticeship Program and other states and the Federal Government, reciprocity
				  shall be exercised by the Maine Apprenticeship Program and recognition be given
				  upon presentation of appropriate information.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 2 - RULES PERTAINING TO EQUAL OPPORTUNITY FOR EMPLOYMENT IN REGISTERED APPRENTICESHIP PROGRAMS IN THE STATE OF MAINE › Section 181-2-1 - Purpose, applicability, and relationship to other laws

Current through 2024-29, July 17, 2024
a.
Purpose
.
The
				purpose of this part is to promote equal opportunity for apprentices and
				applicants for apprenticeship in registered apprenticeship programs by
				prohibiting discrimination based on race, color, religion, national origin,
				sex, sexual orientation, age (40 or older), genetic information, and
				disability. This Chapter also prescribes affirmative action efforts sponsors
				must take to ensure equal opportunity for apprentices and applicants for
				apprenticeship. The rules set forth the equal opportunity obligations of
				sponsors, the contents of the affirmative action programs, procedures for the
				filing and processing of complaints, and enforcement procedures. These rules
				also establish procedures for deregistration of an apprenticeship for
				noncompliance with MRS Title 26, § 3206, and prescribe the equal
				opportunity requirements for recognition of State Apprenticeship Agencies
				(SAAs) under Federal regulations 29 CFR 29.
b.
Applicability.
This Chapter applies to all
				sponsors of apprenticeship with programs registered with the Maine
				Apprenticeship Program.
c.
Relationship to other laws
.
This part does not
				invalidate or limit the remedies, rights, and procedures under any Federal or
				State laws, or political subdivisions of any State or jurisdiction that
				provides greater or equal protection for individuals based on race, color,
				religion, national origin, sex, sexual orientation, age (40 or older), genetic
				information or disability than are afforded by this Chapter. It may be a
				defense to a charge of a violation of this part that a challenged action is
				required or necessitated by another Federal law or regulation, or that another
				Federal law or regulation prohibits an action that would otherwise be required
				by this Chapter.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 2 - RULES PERTAINING TO EQUAL OPPORTUNITY FOR EMPLOYMENT IN REGISTERED APPRENTICESHIP PROGRAMS IN THE STATE OF MAINE › Section 181-2-3 - Equal opportunity standard applicable to all sponsors

Current through 2024-29, July 17, 2024
a.
Discrimination.
1.
Discrimination
				prohibited
. It is unlawful for a sponsor of a registered
				apprenticeship program to discriminate against an apprentice or applicant for
				apprenticeship on the basis of race, color, religion, national origin, sex,
				sexual orientation, age (40 or older), genetic information, or disability with
				regard to:
i. Recruitment, outreach, and
				selection procedures;
ii. Hiring
				and/or placement, upgrading, periodic advancement, promotion, demotion,
				transfer, layoff, termination, right of return from layoff, and
				rehiring;
iii. Rotation among work
				processes;
iv. Imposition of
				penalties or other disciplinary action;
v. Rates of pay or any other form of
				compensation and changes in compensation;
vi. Conditions of work;
vii. Hours of work and hours of training
				provided;
viii. Job
				assignments;
ix. Leaves of absence,
				sick leave, or any other leave; and
x. Any other benefit, term, condition or
				privilege associated with apprenticeship.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 2 - RULES PERTAINING TO EQUAL OPPORTUNITY FOR EMPLOYMENT IN REGISTERED APPRENTICESHIP PROGRAMS IN THE STATE OF MAINE › Section 181-2-5 - Utilization analysis for race, sex, and ethnicity

Current through 2024-29, July 17, 2024
a.
Purpose.
The
				purpose of the utilization analysis is to provide sponsors with a method for
				assessing whether possible barriers to apprenticeship exist for particular
				groups of individuals by determining whether the race, sex, and ethnicity of
				apprentices in a sponsor's apprenticeship program is reflective of persons
				available for apprenticeship by race, sex, and ethnicity in the relevant
				recruitment area. Where significant disparity exists between availability and
				representation, the sponsor will be required to establish a utilization goal
				pursuant to section 2.6 of this Chapter.
b.
Analysis of apprenticeship program
				workforce
1.
Process.
Sponsors must analyze the race, sex, and ethnic
				composition of their apprentice workforce. This is a two-step process. First,
				each sponsor must group all apprentices in its registered apprenticeship
				program by occupational title. Next, for each occupation represented, the
				sponsor must identify the race, sex, and ethnicity of its apprentices within
				that occupation.
2.
Schedule of analyses.
Each sponsor is required to conduct an
				apprenticeship program workforce analysis at each compliance review, and again
				if and when three years have passed without a compliance review. This updated
				workforce analysis should be compared to the utilization goal established at
				the sponsor's most recent compliance review to determine if the sponsor is
				underutilized, according to the process in paragraph (d) of this
				section.
3.
Compliance
				date
i. Sponsors registered with the
				Maine Apprenticeship Program as of the date this Chapter is effective must
				conduct their first workforce analysis, pursuant to this section, within 180
				days of the effective date of this plan or within two years of registration,
				whichever is later.
ii. New
				sponsors: A sponsor registering with the Maine Apprenticeship Program after the
				effective date of this Chapter must conduct its initial workforce analysis
				pursuant to this section no later than two years after the date of
				registration.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 2 - RULES PERTAINING TO EQUAL OPPORTUNITY FOR EMPLOYMENT IN REGISTERED APPRENTICESHIP PROGRAMS IN THE STATE OF MAINE › Section 181-2-6 - Establishment of utilization goals for race, sex, and ethnicity

Current through 2024-29, July 17, 2024
a. Where, pursuant to section 2.5, a sponsor
				is required to establish a utilization goal for a particular racial, sex, or
				ethnic group in a major occupation group in its apprenticeship program, the
				sponsor, working with Maine Apprenticeship Program, must establish a percentage
				goal at least equal to the availability figure derived under section 2.5(c) for
				that major occupation group.
b. A
				sponsor's determination under section 2.5 that a utilization goal is required
				constitutes neither a finding nor an admission of discrimination.
c. Utilization goals serve as objectives or
				targets reasonably attainable by means of applying every good faith effort to
				make all aspects of the entire affirmative action program work. Utilization
				goals are used to measure the effectiveness of the sponsor's outreach,
				recruitment, and retention efforts.
d. In establishing utilization goals, the
				following principles apply:
1. Utilization
				goals may not be rigid and inflexible quotas, which must be met, nor are they
				to be considered either a ceiling or a floor for the selection of particular
				groups as apprentices. Quotas are expressly forbidden.
2. Utilization goals may not provide a
				sponsor with a justification to extend a preference to any individual, select
				an individual, or adversely affect an individual's status as an apprentice, on
				the basis of that person's race, sex, or ethnicity.
3. Utilization goals do not create set-asides
				for specific groups, nor are they intended to achieve proportional
				representation or equal results.
4.
				Utilization goals may not be used to supersede eligibility requirements for
				apprenticeship. Affirmative action programs prescribed by the regulations of
				this part do not require sponsors to select a person who lacks qualifications
				to participate in the apprenticeship program successfully, or select a
				less-qualified person in preference to a more qualified one.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 2 - RULES PERTAINING TO EQUAL OPPORTUNITY FOR EMPLOYMENT IN REGISTERED APPRENTICESHIP PROGRAMS IN THE STATE OF MAINE › Section 181-2-8 - Targeted outreach, recruitment, and retention

Current through 2024-29, July 17, 2024
a.
Minimum activities
				required.
Where a sponsor has found underutilization and
				established a utilization goal for a specific group or groups pursuant to
				section 2.6 and/or where a sponsor has determined pursuant to section 2.7(f)
				that there are problem areas resulting in impediments to equal employment
				opportunity, the sponsor must undertake targeted outreach, recruitment, and
				retention activities that are likely to generate an increase in applications
				for apprenticeship and improve retention of apprentices from the targeted group
				or groups and/or from individuals with disabilities, as appropriate. In
				furtherance of this requirement, the sponsor must:
1. Set forth in its written affirmative
				action plan the specific targeted outreach, recruitment, and retention
				activities it plans to take for the upcoming program year. Such activities must
				include at a minimum:
i. Dissemination of
				information to organizations serving the underutilized group regarding the
				nature of apprenticeship, requirements for selection for apprenticeship,
				availability of apprenticeship opportunities, and the equal opportunity pledge
				of the sponsor. These organizations may include: Community-based organizations;
				local high schools; local community colleges; local vocational, career and
				technical schools; and local workforce system partners including one-stop
				CareerCenters;
ii. Advertising
				openings for apprenticeship opportunities by publishing advertisements in
				appropriate media which have wide circulation in the relevant recruitment
				areas;
iii. Cooperation with local
				school boards and vocational education systems to develop and/or establish
				relationships with pre-apprenticeship programs targeting students from the
				underutilized group to prepare them to meet the standards and criteria required
				to qualify for entry into apprenticeship programs; and iv. Establishment of
				linkage agreements or partnerships enlisting the assistance and support of
				pre-apprenticeship programs, community-based organizations, advocacy
				organizations, or other appropriate organizations, in recruiting qualified
				individuals for apprenticeship;
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 2 - RULES PERTAINING TO EQUAL OPPORTUNITY FOR EMPLOYMENT IN REGISTERED APPRENTICESHIP PROGRAMS IN THE STATE OF MAINE › Section 181-2-9 - Review of personnel processes

Current through 2024-29, July 17, 2024
a. As part of its
				affirmative action program, the sponsor must, for each registered
				apprenticeship program, engage in an annual review of its personnel processes
				related to the administration of the apprenticeship program to ensure that the
				sponsor is operating an apprenticeship program free from discrimination based
				on race, color, religion, national origin, sex, sexual orientation, age (40 or
				older), genetic information, and disability. This annual review is required
				regardless of whether the sponsor is underutilized as described in section
				2.5(d). The review must be a careful, thorough, and systematic one and include
				review of all aspects of the apprenticeship program at the program, industry
				and occupation level, including, but not limited to, the qualifications for
				apprenticeship, application and selection procedures, wages, outreach and
				recruitment activities, advancement opportunities, promotions, work
				assignments, job performance, rotations among all work processes of the
				occupation, disciplinary actions, handling of requests for reasonable
				accommodations, and the program's accessibility to individuals with
				disabilities (including to the use of information and communication
				technology). The sponsor must make any necessary modifications to its program
				to ensure that its obligations under this part are met.
1.
Compliance date
i. Current sponsors with a registered
				apprenticeship program as of the effective date of this Chapter must comply
				with the obligations of paragraph (a) of this section within 180 days of the
				effective date of this plan or within two years of registration, whichever is
				later.
ii. New sponsors registering
				with the Maine Apprenticeship Program after the effective date of this Chapter
				shall comply with the obligations of paragraph (a) of this section within two
				years after the date of registration.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 2 - RULES PERTAINING TO EQUAL OPPORTUNITY FOR EMPLOYMENT IN REGISTERED APPRENTICESHIP PROGRAMS IN THE STATE OF MAINE › Section 181-2-10 - Selection of Apprentices

Current through 2024-29, July 17, 2024
a. A sponsor's
				procedures for selection of apprentices must be included in the written plan
				for Standards of Apprenticeship submitted to and approved by the Maine
				Apprenticeship Program, as required under MRS Title 26 § 3203.
b. Sponsors may utilize any method or
				combination of methods for selection of apprentices, provided that the
				selection method(s) used meets the following requirements:
1. The use of the selection procedure(s) must
				comply with the Uniform Guidelines on Employee Selection Procedures (UGESP) (41
				CFR part 60-3), including the requirements to evaluate the impact of the
				selection procedure on race, sex, and ethnic groups (Hispanic or
				Latino/non-Hispanic or Latino) and to demonstrate job-relatedness and business
				necessity for those procedures that result in adverse impact in accordance with
				the requirements of UGESP.
2. The
				selection procedure(s) must be uniformly and consistently applied to all
				applicants and apprentices within each selection procedure utilized.
3. The selection procedure(s) must comply
				with title I of the ADA and EEOC's implementing regulations at part 1630. This
				procedure(s) must not screen out or tend to screen out an individual with a
				disability or a class of individuals with disabilities, on the basis of
				disability, unless the standard, test or other selection criteria, as used by
				the program sponsor, is shown to be job-related for the position in question
				and is consistent with business necessity.
4. The selection procedure(s) must be
				facially neutral in terms of race, color, religion, national origin, sex,
				sexual orientation, age (40 or older), genetic information, and
				disability.