reglab/statecodes huggingface dataset:
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › ELECTIONS OF BARGAINING AGENT AND DECERTIFICATION ELECTIONS › Section 180-11-51 - Void Ballots

Current through 2024-29, July 17, 2024
Ballots that have been mutilated, spoiled, marked with
					 more than one choice or which do not clearly reveal the intent of the voter, as
					 well as mail ballots that are returned without the voter's signature or other
					 required identifying mark on the mail envelope may be determined to be "void
					 ballots" by the executive director. A void ballot may not be counted as
					 favoring any alternative proposition appearing on the ballot. The executive
					 director shall liberally view ballots in favor of validity.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › ELECTIONS OF BARGAINING AGENT AND DECERTIFICATION ELECTIONS › Section 180-11-52 - Appeal on Challenged or Voided Ballots

Current through 2024-29, July 17, 2024
The decision of the executive director concerning
					 challenged or void ballots may be appealed to the Board within 5 working days
					 of the announcement of the ruling or determination. The appeals procedure
					 before the Board shall in all other respects conform to section
					 30 of this Chapter. The Board's
					 decision on review of challenged or void ballots may affirm, vacate, hold in
					 abeyance or modify any previous certification issued as a result of the
					 election.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › ELECTIONS OF BARGAINING AGENT AND DECERTIFICATION ELECTIONS › Section 180-11-53 - Report of Election and Certification of Representative

Current through 2024-29, July 17, 2024
Upon the conclusion of any election, the executive
					 director shall prepare a report of the result of the election and serve this
					 report upon the parties. When an organization receives the majority of valid
					 votes cast, the executive director shall certify it as the bargaining agent and
					 include this certification with the report of election. If in a decertification
					 election the incumbent bargaining agent obtains a majority of the valid votes
					 cast, the executive director shall recertify it as the bargaining agent,
					 whereupon the statutory one-year bar referred to in section
					 6 of this Chapter
					 applies.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › ELECTIONS OF BARGAINING AGENT AND DECERTIFICATION ELECTIONS › Section 180-11-54 - Objections to Conduct of Board Agent

Current through 2024-29, July 17, 2024
Within 5 working days after the election results are
					 reported by the executive director, any party who intends to object to any
					 action of the executive director in conducting an election shall file written
					 objection with the Board and shall serve a copy of the objection upon all other
					 parties to the election. The objection must contain a plain statement of the
					 grounds of the objection. The Board shall hear the matter in accordance with
					 section
					 30 of this Chapter, make its
					 determination with respect to the objections and shall then affirm, vacate,
					 hold in abeyance or modify the certification of the Board's designee, or of the
					 executive director, or take such other action as it may deem appropriate. Any
					 defect in making an objection may warrant dismissal by the
					 Board.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › ELECTIONS OF BARGAINING AGENT AND DECERTIFICATION ELECTIONS › Section 180-11-55 - Objection to Conduct of Party

Current through 2024-29, July 17, 2024
Any objection to the conduct of a party to an election
					 must be by a prohibited practice complaint filed in accordance with 26 M.R.S.A.
					 §§968, 979- H, 1029 or 1289, as appropriate, and in conformity with
					 Chapter 12 of these Rules. Activities of a party to an election which
					 materially compromise the secret ballot process, effectively disenfranchise
					 eligible voters or otherwise interfere with a free and fair election are
					 grounds for such an objection.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › ELECTIONS OF BARGAINING AGENT AND DECERTIFICATION ELECTIONS › Section 180-11-56 - Requirement of Majority

Current through 2024-29, July 17, 2024
In all elections a majority of the valid votes cast
					 determine the outcome of the election. In initial or runoff elections where the
					 ballot affords only the alternatives of one bargaining representative and "no
					 representative," a tie in the tally of votes cast results in no
					 representative.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › ELECTIONS OF BARGAINING AGENT AND DECERTIFICATION ELECTIONS › Section 180-11-57 - Runoff Election

Current through 2024-29, July 17, 2024
The executive director shall conduct a runoff election
					 when an election in which the ballot provided for three or more choices
					 ultimately results in no choice receiving a majority of the valid ballots cast.
					 A runoff election may not be held until any objections filed have been resolved
					 by the Board.
1.
Eligibility of
				  Voters in Runoff Election
. Only employees who were eligible to vote in
				  the initial election and who remain in the bargaining unit on the date of the
				  runoff election are eligible to vote in the runoff election.
2.
Ballot Format in Runoff
				  Election
. The ballot in the runoff election must provide for selection
				  between the choices receiving the largest and second largest numbers of valid
				  votes in the initial election. The order of appearance of the choices on the
				  rerun ballot are based on the order of appearance in the initial
				  election.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › ELECTIONS OF BARGAINING AGENT AND DECERTIFICATION ELECTIONS › Section 180-11-58 - Cancelled Elections; Reruns

Current through 2024-29, July 17, 2024
If a scheduled election is cancelled at the request of the
					 petitioner, the petitioner is barred for a period of one year from
					 participating in an election in that or a similar unit of those employees. When
					 an election is rescheduled or rerun due to a party's prohibited practices, that
					 party may be ordered to pay the costs occasioned by the rescheduled or rerun
					 election.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › MERGER OF BARGAINING UNITS › Section 180-11-61 - Unit merger

Current through 2024-29, July 17, 2024
Bargaining units subject to the Municipal Public Employees
					 Labor Relations Law may be merged in accordance with 26 M.R.S.A. §966(4)
					 and these rules. If the same certified or currently recognized bargaining agent
					 represents multiple bargaining units with the same public employer, either the
					 employer or the bargaining agent may file a request to merge those bargaining
					 units with the executive director.
1.
When Parties Agree on Merger
. When the certified or recognized
				  bargaining agent and the public employer agree to merge two or more bargaining
				  units into one, they shall sign an agreement to that effect and submit it to
				  the Board. The standard Agreement on Appropriate Unit Form may be used for this
				  purpose, indicating that the purpose of the agreement is to merge the units.
				  The Board will prepare a Notice to Employees describing the agreement to merge
				  units and giving the affected employees a reasonable period in which to object.
				  If an objection is received by the Board from an employee in any of the
				  affected units, a merger election will be conducted in accordance with
				  subsection
				  2.
2.
Merger Election Requested
.
				  When a petition for merger election is filed or when an employee objects to a
				  merger agreed upon by the parties, the executive director shall order a merger
				  election. The election will determine whether a majority of the employees
				  voting in each bargaining unit wish to be within the expanded unit. The only
				  question on the ballot in a merger election is approval or disapproval of the
				  proposed merger. The executive director shall certify the bargaining agent for
				  an expanded unit consisting of any bargaining units in which a majority of the
				  employees voting approved the merger. The election procedures must otherwise
				  conform with sections
				  41 to
				  58.
3.
Decertification Elections Take
				  Precedence
. If a petition has been filed by a competing organization for
				  decertification of the current bargaining agent for any of the bargaining units
				  subject to the merger, then the decertification petition takes precedence over
				  a petition to merge bargaining units.
4.
Frequency
. Unsuccessful
				  petitioners may not renew their merger requests within one year of the date of
				  the filing of an unsuccessful petition.
5.
Supervisors and Teachers
. A
				  bargaining unit composed of a majority of supervisors may not merge under this
				  rule with any other unit nor may a bargaining unit of teachers merge with a
				  bargaining unit of nonprofessional employees. In such cases, a unit
				  determination petition is necessary.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › UPDATING RECORDS AT BOARD OFFICES › Section 180-11-71 - Notification of Contract Expiration

Current through 2024-29, July 17, 2024
When a party notifies the executive director of the
					 pending expiration of a contract as required by the applicable statute, that
					 notice will be used as evidence of continued activity of the unit for purposes
					 of section
					 82 of this Chapter.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › UPDATING RECORDS AT BOARD OFFICES › Section 180-11-72 - Copies of Collective Bargaining Agreements

Current through 2024-29, July 17, 2024
If a valid collective bargaining agreement is supplied to
					 the Board, it will be used to update the Board's records to reflect changes in
					 the name of the previously certified or recognized bargaining agent, in the
					 composition of the bargaining unit, and as evidence of continued activity of
					 the unit for the purposes of section
					 82 of this Chapter. No notice to
					 employees of the changes will be posted. As space limitations require, the
					 Board may elect to retain only those portions of the collective bargaining
					 agreement it considers necessary.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › REVOCATION OF BARGAINING AGENT CERTIFICATION › Section 180-11-81 - Disclaimer of Interest

Current through 2024-29, July 17, 2024
A certified or recognized bargaining agent may disclaim
					 interest in representing a bargaining unit in accordance with this rule.
1.
Contents of Request
. A
				  certified or recognized bargaining agent wishing to disclaim interest in
				  representing a bargaining unit must file a written request with the executive
				  director. The request must include an assertion by the bargaining agent that no
				  collective bargaining agreement covering bargaining unit members is in effect
				  and that the bargaining agent has no outstanding financial obligations related
				  to election costs, the grievance process, including arbitration, or impasse
				  resolution proceedings.
2.
Posting of Disclaimer Notice
. If there is no collective bargaining
				  agreement in effect and the bargaining agent asserts that there are no
				  outstanding financial obligations, the executive director will prepare a Notice
				  of Disclaimer for posting by the employer or for distribution directly to the
				  affected employees. If there is a collective bargaining agreement in effect,
				  the Notice of Disclaimer will not be distributed until the contract has
				  expired. The Board may require the disclaiming union to provide the Board with
				  the mailing addresses of all unit members to enable the Board to distribute
				  notices of the petition for disclaimer.
3.
Objection to Disclaimer
. The
				  petition to disclaim must be denied upon the objection of any interested party.
				  An objection must be received within 15 calendar days of the issuance of the
				  Notice.
4.
Consideration of
				  Objection
. After receipt of an objection to a petition to disclaim, the
				  executive director shall consider the nature of the objection and take
				  appropriate action. This action may include formal or informal mechanisms to
				  resolve the dispute, granting or denying the petition to disclaim or scheduling
				  a decertification election. The decision of the executive director may be
				  appealed to the Board in accordance with section
				  30 of this Chapter.
5.
Effect of Disclaimer
. Upon
				  approval of a request to disclaim interest, the executive director shall revoke
				  certification or recognition. The petitioner is not allowed to file, or
				  intervene in, a petition to represent employees in the disclaimed bargaining
				  unit for a one-year period following the date of the order revoking
				  certification or recognition.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › REVOCATION OF BARGAINING AGENT CERTIFICATION › Section 180-11-82 - Revocation of Certification in Inactive Unit

Current through 2024-29, July 17, 2024
The executive director may revoke the certification of a
					 bargaining agent that has been inactive for 5 or more years if there is no
					 evidence of any activity in the Board's records and no evidence of activity is
					 received by the Board following the notice requirements of this rule.
1.
Inactive Bargaining Unit
. If
				  the Board's records indicate that a certified or recognized bargaining agent
				  has been inactive for a period of five or more years, the Board may solicit
				  information from the parties on the continued existence of a collective
				  bargaining relationship in that bargaining unit. The Board may request a copy
				  of any document demonstrating that a collective bargaining relationship exists
				  or existed during the previous 5 years or that the bargaining agent submitted a
				  written request to meet and negotiate during that same time period. If any
				  evidence is presented that indicates that the bargaining agent has been active
				  during the previous 5 years, the Board may not revoke certification under this
				  section. Evidence should be liberally viewed in favor of continued
				  certification.
2.
Posting of
				  Notice
. If the Board is not able to find any evidence that the
				  bargaining agent has been active in the past 5 years by contacting the
				  employer, the bargaining agent of record or any likely successors, the Board
				  must issue a Notice to Employees concerning the potential revocation of
				  bargaining agent certification before any action may be taken. The notice must
				  state the name of the certified or recognized bargaining agent, the nature and
				  date of the most recent collective bargaining activity known to the Board and
				  the time period during which objections to the Board revocation of
				  certification must be filed. This posting period must be at least 15 calendar
				  days and, for school units, may not include school vacation periods.
3.
Objections
. Any party
				  objecting to the Board revocation of certification must contact the Board
				  within the time period specified in the notice and provide evidence in support
				  of its position within a reasonable time thereafter. The collective bargaining
				  activity serving as the basis of the objection must have occurred prior to the
				  date of the Notice to Employees issued by the Board.
4.
Notice to Other Parties
. Any
				  Notice of Revocation of Certification distributed will also be sent to any
				  person or organization that has previously notified the Board of its desire to
				  receive such notices.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 12 - PROHIBITED PRACTICE COMPLAINTS; INTERPRETIVE RULINGS › PROHIBITED PRACTICE COMPLAINTS › Section 180-12-1 - Nature of a Prohibited Practice Complaint

Current through 2024-29, July 17, 2024
The filing of a prohibited practice complaint with the
					 Board is a request that the Board adjudicate whether the named party has
					 violated the applicable collective bargaining law as charged in the complaint,
					 and, if so, that the Board provide an appropriate remedy.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 12 - PROHIBITED PRACTICE COMPLAINTS; INTERPRETIVE RULINGS › PROHIBITED PRACTICE COMPLAINTS › Section 180-12-2 - Who May File a Complaint

Current through 2024-29, July 17, 2024
Any employer, employee, employee organization or
					 bargaining agent that believes that any employer, employee, employee
					 organization or bargaining agent has engaged in or is engaging in a prohibited
					 act or practice as defined in
					 26
					 M.R.S.A. §§964,
					 979-C,
					 1027 or
					 1284 may file a complaint with the
					 Board.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 12 - PROHIBITED PRACTICE COMPLAINTS; INTERPRETIVE RULINGS › PROHIBITED PRACTICE COMPLAINTS › Section 180-12-3 - Time Limit for Filing a Complaint

Current through 2024-29, July 17, 2024
No complaint may be filed that is based upon any alleged
					 prohibited practice occurring more than 6 months prior to the filing of the
					 complaint with the Board. The complaint must be served on the party charged
					 prior to being filed with the Board.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 12 - PROHIBITED PRACTICE COMPLAINTS; INTERPRETIVE RULINGS › PROHIBITED PRACTICE COMPLAINTS › Section 180-12-4 - Complaint is a Formal Request

Current through 2024-29, July 17, 2024
The complaint is a formal request for relief and, as such,
					 the complaining party must have grounds to support its complaint. The complaint
					 must be submitted in writing in accordance with the filing requirements of
					 Chapter 10, section
					 7 and must contain a declaration by the
					 person signing, under penalty of law, that its contents are true and correct to
					 the best of the declarant's information and belief.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 12 - PROHIBITED PRACTICE COMPLAINTS; INTERPRETIVE RULINGS › PROHIBITED PRACTICE COMPLAINTS › Section 180-12-5 - Contents of Complaint

Current through 2024-29, July 17, 2024
The complaint must contain, insofar as is known, the
					 information specified in this section. This information may be furnished on a
					 form provided by the Board. The complaint must contain the following
					 information:
1.
Name of
				  Complainant
. The full name, address and affiliation, if any, of the
				  complaining party, and the title of any representative filing a
				  complaint.
2.
Name of
				  Respondent
. The full name and address of the employer, employees or
				  employee organizations against whom the complaint is made.
3.
Copy of Collective Bargaining
				  Agreement
. A copy of any existing bargaining contract or agreement
				  relating to the unit involved in the prohibited practice complaint.
4.
Concise Statement of Facts
. A
				  clear and concise statement of the facts constituting the complaint, including
				  the date and place of occurrence of each particular act alleged, names of
				  persons who allegedly participated in or witnessed the act and the sections,
				  including subsections, of the labor relations statutes alleged to have been
				  violated. The complaint must consist of separate numbered paragraphs with each
				  paragraph setting out a separate factual allegation.
5.
Relief Sought
. A statement of
				  the relief the complaining party seeks. This claim for relief does not limit
				  the powers of the Board.
6.
Other Relevant Information
. A brief statement of any other
				  information relative to the charge.
The complaint may also include, but is not required to
					 include, attached documentary evidence in support of the factual allegations
					 made in the complaint. Such attachments will generally be considered if they
					 aid in understanding the allegations in the complaint, but they may not be used
					 as a substitute for the specific allegations of fact required in the complaint.
					 In the event that the complainant wishes to include such attachments in the
					 record as documentary evidence, they must be introduced in the same manner as
					 any other documentary evidence at the prehearing conference or hearing, subject
					 to objection by an opposing party and an admissibility ruling by the prehearing
					 officer or Chair.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 12 - PROHIBITED PRACTICE COMPLAINTS; INTERPRETIVE RULINGS › PROHIBITED PRACTICE COMPLAINTS › Section 180-12-6 - Delivery of Complaint to Other Party; Proof of Service

Current through 2024-29, July 17, 2024
A prohibited practice complaint may not be filed with the
					 Board until the complaining party has served a copy of the complaint upon the
					 party against whom the charge is made. As provided in Chapter 10, §
										8, service will be considered complete
					 on the date that service was provided to the other party by email, so long as
					 service by mail, hand delivery or delivery via a delivery service occurred on
					 the same calendar day.
The executive director may at any time require the
					 complainant to file proof of the date that the complaint was served on the
					 respondent if proof of service is not filed with the complaint. Failure to
					 provide the proof of service as required by the executive director is grounds
					 for dismissal of the complaint. Proof of service may be in the form of either a
					 certified mail receipt signed by the recipient addressee or an agent of the
					 addressee, a signed and dated acknowledgment of receipt by hand delivery, a
					 dated confirmation of delivery from the Post Office or other delivery service,
					 a dated statement of refusal of service or a copy of the sent email that
					 includes the date and the email address to which it was sent. These
					 requirements also apply to amended complaints.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 12 - PROHIBITED PRACTICE COMPLAINTS; INTERPRETIVE RULINGS › PROHIBITED PRACTICE COMPLAINTS › Section 180-12-7 - Docket Number

Current through 2024-29, July 17, 2024
The Board shall notify the parties of the receipt of the
					 complaint and the docket number assigned. The parties must include the docket
					 number on all documents and subsequent correspondence concerning the
					 complaint.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 12 - PROHIBITED PRACTICE COMPLAINTS; INTERPRETIVE RULINGS › PROHIBITED PRACTICE COMPLAINTS › Section 180-12-9 - Response to Complaint

Current through 2024-29, July 17, 2024
The party against whom a complaint has been filed shall
					 file its answer to a complaint and any motion to dismiss within 20 calendar
					 days after the filing of the original complaint, or 10 calendar days after the
					 filing of the amended complaint, whichever is later. The respondent shall
					 simultaneously serve a copy of the answer upon the complaining party and
					 certify that service was made in accordance with Chapter 10, section
					 8 of these Rules.
1.
Contents of Answer
. The
				  answer must include a specific admission, denial or explanation of each
				  allegation in the complaint and must fairly meet the substance of the
				  allegations denied. The answer must be signed by the respondent. Any material
				  allegation not denied in the answer is deemed admitted. Any request for
				  deferral of issues raised to the parties' grievance process, including
				  arbitration, must be made in the answer. A joint statement of any matters of
				  agreement reached by the parties must be attached to the answer.
2.
Counter Complaint
. If the
				  answer contains a counter complaint, that counter complaint will be reviewed in
				  accordance with section
				  7 and, if it alleges a prima facie
				  violation of the applicable collective bargaining law, an answer to that
				  counter complaint will be required. A counter complaint is treated like an
				  initial complaint, in all respects.
3.
Failure to Answer
. Failure to
				  file a timely answer constitutes an admission of the properly pleaded material
				  facts alleged in the complaint. Failure to file an answer is grounds for the
				  Board to render a default order against the respondent unless the Board finds
				  that the respondent's failure to answer is the result of excusable neglect. The
				  default is with prejudice, unless the order provides otherwise.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 12 - PROHIBITED PRACTICE COMPLAINTS; INTERPRETIVE RULINGS › PROHIBITED PRACTICE COMPLAINTS › Section 180-12-10 - Prehearing Conference; Notice and Procedure

Current through 2024-29, July 17, 2024
The executive director may require attendance at a
					 prehearing conference by the parties or their representatives. The purpose of a
					 prehearing conference is to prepare for an orderly hearing, to narrow the
					 issues to be resolved at hearing and to explore opportunities for
					 settlement.
1.
Notice
.
				  The executive director shall serve notice of the prehearing conference on the
				  parties by mail. The notice must include the time, date and place of the
				  conference or hearing.
2.
Required Information
. The notice of prehearing conference may
				  require the parties to provide either at the prehearing conference or up to one
				  week prior to the date of the prehearing conference, the following information:
A. A written statement of relevant issues of
				  fact and law;
B. An estimate of the
				  time required for hearing;
C.
				  Proposed stipulations and admissions;
D. Exhibits and a list of the names and
				  addresses of witnesses intended to be offered at hearing;
E. A concise description of the settlement
				  posture of the case without reference to the specific figures involved in prior
				  discussions or negotiations;
F.
				  Oral argument on any request for deferral; or
G. Any other information which in the opinion
				  of the prehearing officer may aid in resolution or narrowing of the disputed
				  issues remaining for hearing.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 12 - PROHIBITED PRACTICE COMPLAINTS; INTERPRETIVE RULINGS › PROHIBITED PRACTICE COMPLAINTS › Section 180-12-11 - Right to Intervene

Current through 2024-29, July 17, 2024
In the discretion of the Board, any other person or
					 organization may be allowed to present testimony at the hearing or, upon
					 motion, to intervene and participate as a full or limited party to the
					 proceeding.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 12 - PROHIBITED PRACTICE COMPLAINTS; INTERPRETIVE RULINGS › PROHIBITED PRACTICE COMPLAINTS › Section 180-12-12 - Notice of Hearing

Current through 2024-29, July 17, 2024
When an evidentiary hearing is scheduled, notice of the
					 hearing must be served on the parties by mail. The Notice of Hearing and any
					 amendments to it must be posted on the Board's internet site.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 12 - PROHIBITED PRACTICE COMPLAINTS; INTERPRETIVE RULINGS › PROHIBITED PRACTICE COMPLAINTS › Section 180-12-13 - Conduct of Hearing; Powers of Chair

Current through 2024-29, July 17, 2024
The Chair has the power to administer oaths and to 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. Any party may file a written application for
					 subpoenas with the Board in accordance with section
					 17 of this Chapter. A person served
					 with a subpoena issued by the Board may not refuse or neglect to appear or to
					 testify or to produce books and papers relevant to the investigation, inquiry
					 or hearing as commanded in that subpoena with the Board. Upon failure of any
					 party to comply with a subpoena, the Board may, absent constitutional,
					 statutory or other privilege, disregard all related evidence offered by that
					 party.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 12 - PROHIBITED PRACTICE COMPLAINTS; INTERPRETIVE RULINGS › PROHIBITED PRACTICE COMPLAINTS › Section 180-12-14 - Nature of Hearing

Current through 2024-29, July 17, 2024
The purpose of the hearing is to develop a full and
					 complete factual record. The burden of proof rests with the complaining party.
					 All testimony offered must be taken under oath or affirmation. A hearing
					 transcript will be prepared for the Board and made available to the parties
					 pursuant to Chapter 10, section
					 9.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 12 - PROHIBITED PRACTICE COMPLAINTS; INTERPRETIVE RULINGS › PROHIBITED PRACTICE COMPLAINTS › Section 180-12-15 - Rules Regarding Evidence

Current through 2024-29, July 17, 2024
The strict rules of evidence observed by courts do not
					 apply to Board hearings. The following principles regarding evidence
					 apply:
1.
Evidence
. The
				  Board shall admit evidence if it is the kind upon which reasonable persons are
				  accustomed to rely in the conduct of serious affairs. Irrelevant or unduly
				  repetitive evidence may be excluded.
2.
Rules of Privilege
. The Board
				  shall observe the rules of privilege recognized by law.
3.
Written Evidence; Exception
.
				  No sworn written evidence may be admitted unless the author is available for
				  cross-examination or subject to subpoena, except for good cause
				  shown.
4.
Evidence Not
				  Offered at Prehearing Conference
. If evidence is offered that was not
				  offered at the prehearing conference, it is the responsibility of the offering
				  party to establish why the proposed evidence was not available at the time of
				  the prehearing conference. This limitation on the introduction of new evidence
				  before the Board does not apply to evidence used for impeachment or rebuttal
				  purposes. Other documentary evidence may be admitted by the Board, at its
				  discretion, for the purpose of avoiding manifest injustice.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 12 - PROHIBITED PRACTICE COMPLAINTS; INTERPRETIVE RULINGS › PROHIBITED PRACTICE COMPLAINTS › Section 180-12-16 - Rights of Parties

Current through 2024-29, July 17, 2024
Any party to the hearing has the right to be represented
					 by counsel or by other representative, to examine and cross-examine witnesses
					 and to offer documentary and other evidence. Stipulations may be offered with
					 respect to any issue. Parties may request the issuance of subpoenas. The Board
					 shall allow oral argument upon request and, after consultation with the
					 parties, may require briefs to be submitted. Any brief permitted to be filed
					 must be filed pursuant to the filing requirements of Chapter 10, section
					 7. A copy of any brief filed with the
					 Board must be simultaneously served on all parties to the matter. A party's
					 representative may testify at the hearing but the Board may require the
					 testimony to be in question and answer form.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 12 - PROHIBITED PRACTICE COMPLAINTS; INTERPRETIVE RULINGS › PROHIBITED PRACTICE COMPLAINTS › Section 180-12-17 - Witnesses and Subpoenas

Current through 2024-29, July 17, 2024
A party to a proceeding before the Board or the executive
					 director may request the attendance of witnesses voluntarily or by subpoena. If
					 witnesses or documents are sought by subpoena, the requesting party must first
					 make a written request of the Board or presiding official for the issuance of
					 the subpoena. When the subpoena is issued, it is the responsibility of the
					 requesting party to serve the subpoena or cause it to be served on the named
					 individual. When a witness is subpoenaed, the witness fee and transportation
					 allowance established by
					 16
					 M.R.S.A. §251 must be provided at the
					 time the subpoena is served. If a party subpoenas a witness and then decides
					 not to call that witness, the requesting party must give notice of its intent
					 not to call that witness to the other parties to the proceeding, and to the
					 Board or the executive director, at least 48 hours prior to the time the
					 witness was scheduled to appear. A subpoena for documents will ordinarily
					 require the production of the documents at the prehearing
					 conference.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 12 - PROHIBITED PRACTICE COMPLAINTS; INTERPRETIVE RULINGS › PROHIBITED PRACTICE COMPLAINTS › Section 180-12-18 - Submission of Briefs

Current through 2024-29, July 17, 2024
The Board may request any party to submit, at any time, a
					 written statement of position, fact or law regarding any matter relevant to a
					 pending prohibited practice complaint. Briefs requested or permitted by the
					 presiding officer of an evidentiary hearing must be filed with the Board in
					 accordance with the filing requirements of Chapter 10, section
					 7 on or before the date specified, and
					 a copy must be simultaneously served on the other party or parties. Failure of
					 a complainant to file a brief required by the presiding officer of an
					 evidentiary hearing may be grounds for dismissal of the complaint. The failure
					 of a respondent to file a brief required by the presiding officer of an
					 evidentiary hearing may be grounds for entry of a default order against the
					 respondent. An order dismissing a complaint or entering a default order
					 resulting from a party's failure to file a brief must be with prejudice unless
					 provided otherwise in the order.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 12 - PROHIBITED PRACTICE COMPLAINTS; INTERPRETIVE RULINGS › PROHIBITED PRACTICE COMPLAINTS › Section 180-12-19 - Ex Parte Communications Prohibited

Current through 2024-29, July 17, 2024
No party or other person legally interested in the outcome
					 of a hearing may communicate
ex parte
either directly or
					 indirectly with any Board member or assigned Board attorney in connection with
					 any issue of fact, law or procedure related to a pending prohibited practice
					 complaint.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 12 - PROHIBITED PRACTICE COMPLAINTS; INTERPRETIVE RULINGS › PROHIBITED PRACTICE COMPLAINTS › Section 180-12-20 - Amendments to Conform

Current through 2024-29, July 17, 2024
If evidence is objected to at the hearing on the ground
					 that it is not within the issues set out in the pleadings, the Board may allow
					 the pleadings to be amended and shall do so freely when it will aid in the
					 presentation of the merits of the action and the objecting party fails to
					 satisfy the Board that the admission of that evidence would prejudice it in
					 maintaining its action or defense upon the merits. The Board may grant a
					 continuance to enable the objecting party to meet that evidence. Upon the
					 request of a party at the conclusion of the hearing, the complaint or response
					 may be specifically amended to conform to the evidence.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 12 - PROHIBITED PRACTICE COMPLAINTS; INTERPRETIVE RULINGS › PROHIBITED PRACTICE COMPLAINTS › Section 180-12-21 - Withdrawal

Current through 2024-29, July 17, 2024
A complaint may be withdrawn by the complaining party with
					 the approval of the Board. If the withdrawal is without the approval of the
					 other party, the withdrawal must be with prejudice. No proposed withdrawal
					 based upon the settlement of a complaint within the Board's jurisdiction which
					 contains an allegation of unlawful discrimination against any individual may be
					 approved by the Board without notice to the discriminatee. Unlawful
					 discrimination within the meaning of this rule includes discrimination in hire,
					 or any term or condition of employment, on the basis of lawful organizational
					 or collective bargaining activity or affiliation. Unlawful discrimination also
					 includes discrimination based on the signing or filing of any affidavit,
					 petition or complaint, or the giving of any information or testimony under the
					 labor relations statutes. The notice by the Board must state the terms of the
					 proposed settlement, apprise the discriminatee of the opportunity to refrain
					 from joining in the settlement, extend the opportunity to assume party status
					 concerning charges of discrimination addressed by the settlement in which the
					 discriminatee does not join and set a reasonable deadline for the filing of
					 notice of intention regarding the proposed settlement. A comparable notice
					 provided by the complainant and signed by the individual discriminatee may be
					 approved by the Board when appropriate.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 12 - PROHIBITED PRACTICE COMPLAINTS; INTERPRETIVE RULINGS › PROHIBITED PRACTICE COMPLAINTS › Section 180-12-22 - Stay of Election

Current through 2024-29, July 17, 2024
The holding of an election and the issuance of a
					 certification based upon the results of a previously conducted election may be
					 stayed or set aside by the Board, pending the decision of a prohibited practice
					 complaint relating to the unit petitioned for or relating to alleged
					 irregularities in the selection or decertification of a bargaining
					 agent.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 12 - PROHIBITED PRACTICE COMPLAINTS; INTERPRETIVE RULINGS › PROHIBITED PRACTICE COMPLAINTS › Section 180-12-23 - Shortening Time Limits or Staying Further Processing

Current through 2024-29, July 17, 2024
The Board may order accelerated action on a claim without
					 regard to the time limits otherwise provided in these rules, or may order a
					 stay of further processing of a claim on such terms as are
					 appropriate.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 12 - PROHIBITED PRACTICE COMPLAINTS; INTERPRETIVE RULINGS › PROHIBITED PRACTICE COMPLAINTS › Section 180-12-24 - Misconduct at a Hearing; Refusal of Witness to Answer Questions

Current through 2024-29, July 17, 2024
Misconduct at any hearing before the Board or the
					 executive director is grounds for summary exclusion from the hearing by the
					 presiding officer. If the misconduct is of an aggravated nature and is engaged
					 in by a representative of a party, it may be cause for suspension by the Board,
					 after due notice and hearing, from further practice before the Board. Absent
					 constitutional, statutory or other privilege, the refusal of a witness to
					 answer any question may be grounds for striking all testimony given by that
					 witness on related matters.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 12 - PROHIBITED PRACTICE COMPLAINTS; INTERPRETIVE RULINGS › PROHIBITED PRACTICE COMPLAINTS › Section 180-12-25 - Stale Proceedings

Current through 2024-29, July 17, 2024
The Board, on its own motion and in the absence of a
					 showing of good cause to the contrary, may dismiss a proceeding for want of
					 prosecution at any time more than one year after the last docket entry showing
					 any action taken by the complainant or petitioner other than a motion for
					 continuance.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 12 - PROHIBITED PRACTICE COMPLAINTS; INTERPRETIVE RULINGS › PROHIBITED PRACTICE COMPLAINTS › Section 180-12-26 - Decision and Order of the Board

Current through 2024-29, July 17, 2024
The Board shall issue its decision and order, in writing,
					 pursuant to and consistent with its powers under
					 26
					 M.R.S.A. §§968,
					 979-H,
					 1029 or
					 1289.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 12 - PROHIBITED PRACTICE COMPLAINTS; INTERPRETIVE RULINGS › INTERPRETIVE RULINGS › Section 180-12-41 - Interpretive Rulings

Current through 2024-29, July 17, 2024
An interpretive ruling is a means for determining specific
					 questions as to the prospective rights, obligations or liabilities of a party
					 when controversy or doubt has arisen regarding the applicability of a specific
					 statute, Board order or rule. A petition for an interpretive ruling may not be
					 used to resolve factual disputes between adversaries and may not be used as a
					 substitute for other remedies provided by the collective bargaining
					 laws.
1.
Petition for
				  Interpretive Ruling
. A petition for an interpretive ruling may be filed
				  with the Board by any person, employee organization or public employer. A
				  petition for an interpretive ruling must be filed in accordance with the filing
				  requirements of Chapter 10, section
				  7. In order to show the existence of a
				  controversy or doubt, the petitioning party must describe the potential effect
				  upon that party's interests in its petition. The petition must contain the
				  following:
A. The name and address of the
				  petitioner;
B. The statute, Board
				  order or Board rule on which the interpretive ruling is sought;
C. A clear and concise statement of the facts
				  and circumstances and the contemplated action of the petitioner which arguably
				  might elicit the filing of a prohibited act complaint or to which the specified
				  statute, Board order or Board rules and procedures might be applicable;
				  and
D. A supporting memorandum of
				  law.
If negotiations are in progress and a controversy has
					 arisen concerning the required scope of bargaining, the petition must include a
					 brief description of the positions taken by the parties and copies of all
					 proposals and counterproposals submitted by the parties relating to the
					 dispute.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 13 - RESOLUTION OF CONTRACT NEGOTIATION DISPUTES › MEDIATION › Section 180-13-1 - Who May Request Mediation and When

Current through 2024-29, July 17, 2024
Traditional mediation services may be requested by either
					 the bargaining agent or the public employer at any time during the bargaining
					 process prior to interest arbitration.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 13 - RESOLUTION OF CONTRACT NEGOTIATION DISPUTES › MEDIATION › Section 180-13-2 - Requests for Mediation Services

Current through 2024-29, July 17, 2024
A party requesting mediation assistance in negotiations
					 for an initial or successor agreement shall provide the information specified
					 in this rule to the Board. This information may be supplied on a form available
					 from the Board.
1.
Name and
				  Address of Requesting Party
. The name of the person making the request
				  and the name, address and telephone number of the requesting party's
				  organization.
2.
Name and
				  Address of Other Party
. The name of the contact person for the other
				  party and the name, address and telephone number of the other party.
3.
Name of Bargaining Unit
. The
				  name or a brief description of the bargaining unit involved.
4.
List of Issues
. A list of
				  issues to be discussed in mediation.
5.
Type of Agreement or Date of
				  Reopener
. Whether an initial or successor agreement or reopener is
				  involved and the date of termination of the latest contract or of the reopener,
				  if applicable.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 13 - RESOLUTION OF CONTRACT NEGOTIATION DISPUTES › MEDIATION › Section 180-13-3 - Preventive Mediation

Current through 2024-29, July 17, 2024
Preventive mediation is a non-confrontational,
					 collaborative technique for negotiating a collective bargaining agreement in
					 which the mediator is on the scene before the negotiations begin. If necessary,
					 the mediator trains the parties in interest-based bargaining so that the
					 parties can work together to identify their individual and mutual interests and
					 engage in joint problem solving to find ways to best meet such
					 interests.
1.
Requesting
				  Preventive Mediation
. Preventive mediation is initiated by joint request
				  of the parties, indicating in writing their intention to participate in the
				  process.
2.
If Preventive
				  Mediation Does Not Result in an Agreement
. If preventive mediation does
				  not result in an agreement, a new mediator will be assigned to assist the
				  parties in traditional mediation upon the request of either party.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 13 - RESOLUTION OF CONTRACT NEGOTIATION DISPUTES › MEDIATION › Section 180-13-4 - Costs

Current through 2024-29, July 17, 2024
The mediator's fee and necessary expenses must be shared
					 equally by the parties. The mediator's fee is established by 26 M.R.S.A
					 §965(2)(C). In order to initiate mediation, a party must first file a
					 mediation request form with the Board, pursuant to the filing requirements of
					 Chapter 10, section 7. The party must also provide by mail or hand delivery to
					 the Board's office a payment of $750, the party's share of the estimated costs
					 of mediation services. Upon receiving a request for mediation and the
					 accompanying payment, the executive director shall appoint a mediator from the
					 Panel of Mediators and shall bill the other party $750 for its share of the
					 estimated costs of mediation services. 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.