Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 2 - RULES FOR DETERMINING RATES OF COMPENSATION FOR FOREST PRODUCTS HARVESTING AND HAULING SERVICES › Section 186-2-7 - Petition For Rate Determination, Including Approval of a Negotiated Rate

Current through 2024-29, July 17, 2024
Upon receipt of a Petition for Rate Determination (BAC Form
				  2) properly filed as set out in this section, the Panel will determine the
				  rates of compensation to be paid by a forest landowner covered by the
				  provisions of Title 26 M.R.S.A. Chapter 18 for forest products harvesting
				  services and/or hauling services, including reviewing rates negotiated by the
				  parties for approval.
1.
Parties in Agreement
. A group, consisting of 3 or more forest products
				haulers or harvesters, may negotiate with a forest landowner over the rate to
				be paid for harvesting and/or hauling services, provided that any agreement
				reached must be made contingent upon Panel review and approval. Parties who
				have negotiated an agreement regarding the rates to be paid for harvesting
				services and/or hauling services shall jointly sign and file a Petition for
				Rate Determination with the Panel, indicating that they are seeking Panel
				review and approval of such agreement.
2.
Parties not in agreement
. A
				group, consisting of 3 or more forest products haulers or harvesters, may
				negotiate with a covered forest landowner over the rate of compensation to be
				paid for harvesting and/or hauling services. If the parties are unable to reach
				agreement on the rates to be paid for forest products harvesting and/or hauling
				services, either the group of haulers or harvesters or the forest landowner may
				petition the Panel to establish such rate.
3.
Who may file petition
. The
				forest landowner of the land for which a rate of compensation is to be
				determined or a person, as defined in 26 M.R.S.A. §1352(10), representing
				at least 3 forest products harvesters or haulers may file a Petition for Rate
				Determination with the Panel.
4.
The contents of the petition
. The original and 3 copies of the
				petition must be filed with the Panel. Petition forms are available from the
				Panel. The petition must contain the following information:
A.
Forest landowner's name.
The
				identity, including the name, address, telephone number and e-mail address, to
				the extent known by the petitioner, of the forest landowner who owns or
				possesses economic control over the land on which the rates are to apply. If
				the petition is filed by a person representing at least 3 harvesters or
				haulers, the petitioner must allege information sufficient to determine whether
				the respondent is a forest landowner, as defined in 26 M.R.S.A. §1342(5)
				and in §1(5) of this chapter.
B.
Name of representative of forest
				products harvesters and/or haulers
. The identity, including the name,
				address, telephone number, and e-mail address, to the extent known by the
				petitioner, of the representative of the forest products harvesters and/or
				haulers involved. A list of the names and addresses of the individual forest
				products harvesters and/or haulers involved, to the extent known by the
				petitioner, must be filed with the petition.
C.
The petitioner's standing to file
				the petition
. The petitioner's status as the forest landowner or as the
				representative of at least 3 forest products harvesters and/or haulers and
				include the names and addresses of all the persons represented.
D.
The service for which the rate is
				to be determined
. The petitioner shall identify whether the rate to be
				determined is for forest products harvesting, hauling, or both.
E.
Geographic area.
The
				geographic area in which the rate(s) will apply.
F.
The proposed rate.
The rate,
				if any, being proposed by the filing party, for the types of products and
				species at issue, including any rate agreed to in negotiations between forest
				landowners and harvesters and/or haulers.
G.
Information relevant to
				rate-setting criteria.
Information relevant to the factors set forth in
				§14 of this chapter needed for the Panel to make a decision.
H.
Summary of negotiations.
A
				summary of any negotiations between the harvesters and/or haulers and the
				forest landowner.
I.
Hearing requested.
A statement as to whether the petitioner is
				requesting that a public hearing be held to collect information relating to the
				petition.
J.
Other
				facts.
Any other facts relevant to the petition or specifically
				requested by the Panel.