reglab/statecodes huggingface dataset:
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 186-2-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Affiliated person
.
				"Affiliated person" means a person in the same corporate system as a parent or
				member organization by virtue of common ownership, control, operation or
				management.
2.
Association
. "Association" includes an incorporated or unincorporated
				entity.
3.
Economic
				control
. "Economic control" means the legal right, whether through
				ownership, contract or otherwise, to make or influence decisions regarding the
				harvesting of trees and disposition in general of forest products on subject
				land.
4.
Forest land
.
				"Forest land" means land used primarily for growth of trees to be harvested for
				commercial use.
5.
Forest
				landowner
. "Forest landowner" means:
A.
				A person that owns directly or through affiliated persons, or possesses
				economic control over, more than 400,000 acres in a labor market area, which
				acreage constitutes more than 30% of the total land area in that labor market
				area; or
B. An agent or subsidiary
				of a person described in paragraph A if that agent or subsidiary is involved in
				contracting or negotiating contracts or other arrangements, written or oral,
				with forest products harvesters or forest products haulers.
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 186-2-2 - Parties In Interest

Current through 2024-29, July 17, 2024
The proceedings described in these rules only apply to
				  certain forest landowners, forest product harvesters, and forest product
				  haulers. The terms used in this paragraph are further defined in
				   26
				  M.R.S.A.§1352 and §
									1 of this
				  chapter.
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 186-2-3 - Fees and Expenses

Current through 2024-29, July 17, 2024
The parties are required to share the costs for services
				  rendered and expenses incurred by the Panel and any state cost allocation
				  program charges. The executive director may estimate costs upon receipt of a
				  request for services and collect those costs prior to providing the services.
				  The executive director shall bill or reimburse the parties, as appropriate, for
				  any difference between the estimated costs that were collected and the actual
				  costs of providing the services. Once one party has paid its share of the
				  estimated cost of providing the service, the matter will be
				  scheduled.
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 186-2-4 - Executive Director

Current through 2024-29, July 17, 2024
The executive director is the Executive Director of the Maine
				  Labor Relations Board. Whenever a rule refers to the executive director, the
				  action or responsibility may be delegated to the executive director's
				  designee.
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 186-2-5 - Negotiated Agreements Regarding the Rates of Compensation Paid By Forest Landowners To An Individual Harvester and/or Hauler for Services

Current through 2024-29, July 17, 2024
A forest landowner may negotiate and reach agreement with an
				  individual forest products harvester or hauler over the compensation paid to
				  the latter without having to comply with the provisions of the Act, unless
				  there is a Panel-determined rate applicable to the service being provided, or a
				  properly filed rate determination petition that would apply to that service is
				  pending before the Panel at the time the contract is entered
				  into.
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 186-2-6 - Petitions Are Formal Requests for Panel Action

Current through 2024-29, July 17, 2024
Petitions are formal requests for Panel action. All petitions
				  must be in writing, signed before a notary public or attorney-at-law (acting as
				  a notary) and must contain a declaration by the petitioner or the petitioner's
				  representative under penalty of perjury that its contents are true and correct
				  to the best of the declarant's information and belief. In the alternative, the
				  petition must be signed by an attorney on behalf of petitioner, without the
				  need of notarization.
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 186-2-8 - Petitions to Change Established Rates

Current through 2024-29, July 17, 2024
No petition seeking to change a rate established or approved
				  by the Panel may be filed within one year of the issuance of the decision
				  determining such rate, unless the Panel specified a shorter period in the
				  decision sought to be changed. A petition to change a rate previously
				  established or approved by the Panel must comply with the requirements set
				  forth in §
									7 of this chapter.
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 186-2-9 - Review, Amendment and Action on Petition

Current through 2024-29, July 17, 2024
The executive director shall review the petition for
				  sufficiency upon its being filed with the Panel and take action in accordance
				  with this rule.
1.
Grounds for
				Dismissal
. The executive director shall dismiss a petition if it does
				not comply with the requirements of this chapter.
2.
Review of Petition, Notice of
				Insufficiency
. If the petition was filed in a timely manner but is not
				complete, the executive director shall serve on the petitioner a notice of
				errors and insufficiencies in the petition. Amendments to petitions must be
				made within fifteen calendar days of service of the notice of insufficiencies.
				Permitted amendments are effective as if made on the date the petition was
				filed.
3.
Dismissal
.
				Insufficient petitions which are not amended during the time period specified
				in paragraph 2 must be summarily dismissed by the executive director, provided
				that the dismissal is without prejudice.
4.
Notification of Parties
. If
				the petition is complete, the executive director shall transmit an official
				copy of the petition to the respondent within 24 hours. If that transmission is
				made by electronic means, it must be followed by a copy sent by mail. In any
				event, copies of correspondence sent to the respondent will be provided to the
				petitioner.
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 186-2-10 - Notice of Pending Petitions

Current through 2024-29, July 17, 2024
The executive director shall cause to be published notice of
				  the filing of a petition at least twice in newspapers of general circulation in
				  the areas of the state affected by the petition. The executive director shall
				  also provide such notice to any person who has requested to be notified of
				  filings. Absent a determination by the Panel that extraordinary circumstances
				  exist requiring shorter notice, the notice will be given at least 30 days
				  before any hearing to be held and at least 30 days before the close of the
				  comment period on the filing.
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 186-2-11 - Contents of Notice to Public

Current through 2024-29, July 17, 2024
The notice required by §
									10 shall contain a statement of the
				  legal authority and jurisdiction under which the proceeding is being conducted,
				  including reference to the specific statutory and rule provisions involved; a
				  plain statement of the nature and purpose of the proceeding, including a
				  description of the geographic area in which the rates are to apply and the
				  rate(s) being proposed, if any; the names of the parties; the place, date and
				  time of any hearing or the time within which a hearing may be requested; a
				  solicitation of written comment from persons interested, including the deadline
				  for the submission of such comment; a general description of the method by
				  which the matter will be resolved; the opportunity for interested persons to
				  participate in the proceeding; and, if a hearing has been set, a statement of
				  the manner and time within which applications for intervention may be filed.
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 186-2-12 - Posting of Notices at MLRB Offices and on Internet

Current through 2024-29, July 17, 2024
Any notice prepared under this Chapter will also be posted on
				  the official bulletin board of the Maine Labor Relations Board and the Board's
				  internet site.
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 186-2-13 - Petitions to Intervene

Current through 2024-29, July 17, 2024
A petition to intervene is required when a third party wishes
				  to become a party in a rate determination proceeding. A petition to intervene
				  is not required to provide information at a Board rate determination hearing or
				  to provide written comment in a rate determination proceeding.
1.
Form and Filing for
				Intervention
. Petitions to intervene shall meet all the requirements for
				valid petitions set forth in this Chapter.
2.
Who Can Intervene
. Persons
				with standing to file an initial petition, as described in §7(3) of this
				Chapter, may file a petition to intervene.
3.
Time of Filing
. A petition
				to intervene in a rate determination proceeding must be filed no later than 10
				calendar days after the last date of publication of the Notice of Pending
				Petition required by §10 of this Chapter.
4.
Review of Petition
. The
				executive director shall administratively examine the petition to intervene in
				the manner set forth in §9 of this chapter and take appropriate action,
				which may include granting or dismissal of the petition.
5.
Notification to Parties
. If
				the petition is complete, the executive director shall transmit an official
				copy of the petition to the other parties within 24 hours. If that transmission
				is made by electronic means, it must be followed by a copy sent by
				mail.
6.
Withdrawal of
				Initial Petition
. Withdrawal of the initial rate determination petition
				does not affect the processing of a timely-filed petition for
				intervention.
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 186-2-14 - Criteria for Rate Determinations

Current through 2024-29, July 17, 2024
In determining a reasonable rate to be paid to the forest
				  landowner for harvesting or hauling services or in reviewing a negotiated rate
				  for approval, the Panel will consider, to the extent relevant, the following
				  factors:
1.
Comparable
				Prices
. Prices or projected prices for the harvesting services or
				hauling services currently paid by forest landowners in Maine and in other
				comparable states;
2.
Quantity of Products Available
. The quantity of forest products
				available in the market area or competing areas;
3.
Quantity Handled by Forest
				Landowner
. The relationship between the quantity produced and the
				quantity handled by the forest landowner;
4.
Harvester's or Hauler's
				Costs
. The harvester's or hauler's costs, including, but not limited to,
				wages, overhead, fuel, insurance, and the cost of replacing
				equipment;
5.
Applicable
				Laws
. Environmental and highway laws or rules;
6.
Impact on Landowner's Market
				Position
. The impact of the rate determination on the competitive
				position of the landowner in the market area or competing market
				areas;
7.
Return on
				Investment
. A fair return on investment;
8.
Particulars of the Job
. The
				species of tree, type of machinery and method of tree harvesting
				involved;
9.
Nature of Roads
				Used
. The extent to which hauling is conducted on private or public
				roads;
10.
Safety
.
				Safety considerations;
11.
Prior Agreements
. Prior agreements of the parties; and
12.
Traditional Factors
. Any
				factors that are normally or traditionally taken into consideration when
				determining prices for the services involved.
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 186-2-15 - Written Comment

Current through 2024-29, July 17, 2024
The Panel will solicit written comment submitted from persons
				  interested in the rates of compensation for forest products harvesting and/or
				  hauling services and will consider such comment in determining the appropriate
				  rate or in reviewing a negotiated rate for approval in each
				  case.
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 186-2-16 - Right to Hearing

Current through 2024-29, July 17, 2024
The Panel shall conduct a public hearing on the merits of any
				  rate determination petition upon request of any party to the
				  proceeding.
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 186-2-17 - Conduct of Hearing

Current through 2024-29, July 17, 2024
The Panel shall conduct the hearing, if a hearing is held.
				  The executive director may order the consolidation of petitions for hearing.
				  The Panel may require attendance at a prehearing conference by the parties or
				  their representatives, if the Panel believes that such conference will aid in
				  the efficient conduct of the hearing, narrow the issues to be resolved at the
				  hearing, or allow the parties to explore opportunities for
				  settlement.
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 186-2-18 - Witnesses and Subpoenas

Current through 2024-29, July 17, 2024
A party to a proceeding before the Panel 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
				  to the Panel 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. The Panel may require by subpoena the attendance and
				  testimony of witnesses, the production of books, records and other evidence
				  relevant to issues raised by a rate determination petition or responses to the
				  petition. If the Panel, on its own motion, requires the attendance of witnesses
				  through subpoenas, the Panel will cause the subpoena to be served on the named
				  individual and will be responsible for paying the required witness fee and
				  transportation allowance.
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 186-2-19 - Nature of Hearing

Current through 2024-29, July 17, 2024
The purpose of the hearing is to develop a full and complete
				  factual record. Each party bears the responsibility of producing evidence to
				  support its contentions regarding the determination of the rate of compensation
				  at issue. All testimony offered must be taken under oath or
				  affirmation.
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 186-2-20 - Record

Current through 2024-29, July 17, 2024
The Panel shall make a record of each proceeding. The record
				  will consist of all petitions, motions, preliminary and interlocutory rulings
				  and orders; evidence received or considered; a statement of facts officially
				  noticed; offers of proof, objections and rulings thereon; proposed findings and
				  exceptions, if any; the decision of the Panel; and any staff memoranda
				  submitted to the Panel by agency staff in connection with their consideration
				  of the case, except memoranda of counsel to the agency.
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 186-2-21 - Hearings Recorded

Current through 2024-29, July 17, 2024
The Board will record all hearings in a form susceptible to
				  transcription. Portions of the record required in §
									20 of this chapter may be included in
				  the recording. The agency shall transcribe the recording when necessary for an
				  appeal. The cost of producing such transcript shall be borne equally by the
				  parties to the rate determination proceeding.
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 186-2-22 - Official Transcripts

Current through 2024-29, July 17, 2024
A party to a Panel hearing seeking to have the hearing
				  transcribed may, with prior approval of the Panel, make arrangements for
				  transcription by a qualified court reporter and shall assume the costs of the
				  service. If such arrangements are made and a transcript is produced, a copy
				  must be furnished to the Panel without cost and to the other parties upon
				  request and tender of the appropriate fee. If the transcript is agreed by the
				  parties to be or, in appropriate cases, determined by the Panel to be the
				  official record of the proceeding, it must be made available to the other party
				  for inspection at a time and place determined by the Panel.
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 186-2-23 - Rules Regarding Evidence

Current through 2024-29, July 17, 2024
1.
Evidence
. The Panel 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
				Panel shall observe the rules of privilege recognized by law.
3.
Written Evidence; Exception
.
				No sworn written evidence shall be admitted unless the author is available for
				cross-examination or subject to subpoena, except for good cause
				shown.
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 186-2-24 - Official Notice

Current through 2024-29, July 17, 2024
The Panel may take official notice of any facts of which
				  judicial notice could be taken, and may take official notice of technical or
				  scientific matters within their specialized knowledge. They may also take
				  official notice of statutes, regulations and nonconfidential agency records.
				  Parties will be notified of the Panel's intention to take official notice and
				  will be afforded a reasonable opportunity to contest the substance or
				  materiality of the facts involved. Members of the Panel may utilize their
				  experience, technical competence and specialized knowledge in evaluating the
				  evidence presented to them.
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 186-2-25 - Rights of Parties

Current through 2024-29, July 17, 2024
Any party to the hearing shall have the right to be
				  represented by counsel or by other representative, at the party's expense, 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 Panel 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 in the original and 3
				  copies. A copy of any brief filed with the Panel must simultaneously be served
				  on all parties to the matter.
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 186-2-26 - Confidential Information

Current through 2024-29, July 17, 2024
In general, documents and information disclosed to the Panel
				  are confidential, pursuant to
				   26 M.R.S.A.
				  §§931-B,
				  939. In
				  matters before the Panel, the following procedures will apply:
1.
Treatment of Confidential
				Documents
. Documents considered by the Panel in the rate determination
				proceeding are confidential, except where public disclosure is permitted by
				statute. All documents offered for admission are part of the official record of
				the proceeding. Such documents will be sealed and retained as non-public
				documents. In the event that a rate determination decision is appealed, such
				non-public documents will be included with the record sent to the court,
				subject to seal and the confidentiality order.
2.
Non-Submitting Parties' Access to
				Confidential Documents; Protection of Confidentiality
. The other parties
				will be granted access to confidential documents subject to an appropriate
				protective order. A person who has access to or receives information or a
				record designated confidential under this chapter shall maintain the
				confidentiality of the information or record and use it only for the purposes
				for which it was released and may not further disclose it except as authorized
				by the Panel at the time of the disclosure to that person.
3.
Conduct of Panel Proceedings to
				Ensure Confidentiality
. Testimony and cross-examination concerning the
				contents of confidential documents will be received by the Panel in closed
				session and any transcript of such closed sessions will be treated as a
				confidential document by the Panel. During the introduction of confidential
				information, the proceeding is open only to the Panel, the executive director,
				parties, parties' representatives, counsel of record and the witness testifying
				regarding the information, and access to the information is limited to these
				people. Witnesses are sequestered during the introduction of confidential
				information, except when offering testimony at the proceeding.
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 186-2-27 - Ex Parte Communications Prohibited

Current through 2024-29, July 17, 2024
Communications Prohibited. No party or other person(s)
				  legally interested in the outcome of a Panel proceeding may communicate
ex parte
either directly or indirectly with any member of the
				  Panel assigned to the case, in connection with any issue of fact, law or
				  procedure except upon notice and opportunity for all parties to
				  participate.
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 186-2-28 - Interested Panel Members May Not Participate

Current through 2024-29, July 17, 2024
A member or alternate member of the Panel who has a financial
				  interest in a rate determination proceeding brought before the Panel, or in any
				  party to the rate determination proceeding, may not participate in the
				  proceeding affecting that financial interest. Any party to a proceeding may
				  challenge the assignment of any member of the Panel to hear a particular
				  dispute on the grounds of bias or of personal or financial interest, direct or
				  indirect, and may request that the member disqualify himself or herself. Such
				  challenge must be made in good faith and must be made sufficiently in advance
				  of the hearing so as not to result in substantial delay. The member so
				  challenged may consult with private counsel concerning the charge and shall
				  determine the matter as part of the record.
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 186-2-29 - Panel Decision

Current through 2024-29, July 17, 2024
Within 30 days after the close of the comment period and
				  completion of any public hearing, the Panel shall issue a decision, determining
				  reasonable rates to be paid by the forest landowner for the services that are
				  the subject of the petition, including a reasonable geographic applicability
				  for the rates established. The parties may extend the time in writing either
				  before or after the expiration thereof. A party waives the objection that a
				  decision was not made within the time required unless that party notified the
				  Panel of its objection prior to the delivery of the decision to that party. The
				  decision shall include findings of fact sufficient to constitute the basis of
				  the decision and record the vote of each member of the Panel. Any member of the
				  Panel may prepare a dissenting decision or a decision concurring in part and
				  dissenting in part and such separate decision will be disseminated in the same
				  manner as the majority decision.
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 186-2-30 - Appeals of Rate Determination Decisions

Current through 2024-29, July 17, 2024
Rate determination decisions constitute final agency action
				  for the purposes of Title 5 M.R.S.A., chapter 375, subchapter 7, and may be
				  appealed pursuant to that subchapter. The Panel's decision shall notify the
				  parties of the right to appeal to the Superior Court by filing a petition for
				  review within the time limits and pursuant to the procedure set forth in
				   5 M.R.S.A.
				  §11002. Rates determined by the Panel
				  are not stayed pending appeal.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 3 - LOGGING DISPUTE RESOLUTION BOARD › Section 186-3-1 - Effective Date

Current through 2024-29, July 17, 2024
The rules of the Logging Dispute Resolution Board (Board)
				  contained in this chapter are effective as of July 1, 2023. All actions pending
				  as of that date are subject to these rules.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 3 - LOGGING DISPUTE RESOLUTION BOARD › Section 186-3-2 - Nature of a Complaint

Current through 2024-29, July 17, 2024
The filing of a complaint with the Board is a request that
				  the Board hear and decide a dispute between a forest products harvester and
				  forest landowner related to wage violations, payout amounts, contract
				  violations or disputes related to hiring and publish a written opinion and make
				  an award if appropriate.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 3 - LOGGING DISPUTE RESOLUTION BOARD › Section 186-3-3 - Who May File a Complaint

Current through 2024-29, July 17, 2024
A forest products harvester or forest landowner, as defined
				  in 26
				  M.R.S.A. section3701, may file a complaint
				  with the Board.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 3 - LOGGING DISPUTE RESOLUTION BOARD › Section 186-3-5 - Contents of a Complaint

Current through 2024-29, July 17, 2024
The complaint must contain, insofar as known, all of the
				  information specified in a form provided by the Board. The complaint must also
				  include a Concise Statement of Facts, which is a clear and concise statement of
				  the facts constituting the complaint, set out in separate numbered paragraphs.
				  The complaint may also include, but is not required to include, attached
				  documentary evidence in support of the factual allegations made in the
				  complaint.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 3 - LOGGING DISPUTE RESOLUTION BOARD › Section 186-3-6 - Filing of Complaint with Board; Service of Complaint upon Other Party

Current through 2024-29, July 17, 2024
The complaint must be filed with the Board in accordance with
				  section 11. A copy of the
				  complaint must be served on the other party to the dispute in accordance with
				  section 12. The complaint
				  will not be considered officially filed with the Board until a hard copy has
				  been placed in the mail or otherwise served on the
				  respondent.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 3 - LOGGING DISPUTE RESOLUTION BOARD › Section 186-3-7 - Fees and Expenses

Current through 2024-29, July 17, 2024
The costs for services rendered and expenses incurred by the
				  Board and any state cost allocation program charges must be borne by the party
				  against whom the Board decides.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 3 - LOGGING DISPUTE RESOLUTION BOARD › Section 186-3-8 - Executive Director

Current through 2024-29, July 17, 2024
The executive director is the Executive Director of the Maine
				  Labor Relations Board. Whenever a rule refers to the executive director, the
				  action or responsibility may be delegated to the executive director's
				  designee.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 3 - LOGGING DISPUTE RESOLUTION BOARD › Section 186-3-10 - Computation of Time Periods

Current through 2024-29, July 17, 2024
In computing any period of time prescribed or allowed by
				  these rules or by any applicable statute, the day of the act or event after
				  which the designated period of time begins to run is not included. The last day
				  of the period is included, unless it is a Saturday, a Sunday, or a legal
				  holiday, in which event the period runs until the end of the next day which is
				  not a Saturday, a Sunday, or a legal holiday.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 3 - LOGGING DISPUTE RESOLUTION BOARD › Section 186-3-11 - Filing

Current through 2024-29, July 17, 2024
1.
Electronic
				Filing
. All correspondence, motions, complaints and any other documents
				filed with the Board may be filed electronically via internet transmission to
				the Board's general email address, ldrb@maine.gov, in the manner provided for
				in this section.
2.
Electronic Filing Procedure
. All documents filed electronically
				must be filed pursuant to the following procedure.
A. The filing shall include an email
				correspondence to the Board that identifies the name of the person or
				representative making the filing and the name of the party in whose name the
				document is being filed.
B.
				Documents filed electronically must be in Microsoft Word® or PDF format and
				must be capable of being readily printed or otherwise reproduced clearly and
				legibly on paper 8 and 1/2 inches by 11 inches in size. Documents for filing
				must be included as an attachment to the email required in paragraph
				A.
C. When a signature is required
				for a document to be filed with the Board, the document must either be signed
				by hand and scanned as a PDF file or must be signed electronically in the
				following format: "/s/ [signatory's name]."
D. Documents submitted to the individual
				email addresses of Board members, the executive director, or other staff
				members shall be deemed not filed.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 3 - LOGGING DISPUTE RESOLUTION BOARD › Section 186-3-12 - Service

Current through 2024-29, July 17, 2024
1.
Methods of
				Service
. A paper is served upon a party when it is mailed to the party
				or the party's attorney, or delivered by hand delivery or delivery service to
				the recipient or the recipient's office. A paper may also be served
				electronically, in accordance with subsection
				2.
2.
Electronic Service
. Except in
				the case of service of a complaint, amended complaint or subpoena, whenever a
				rule requires that a party serve a copy of a document on another party, service
				may be effected exclusively by email.
For service of a complaint or amended complaint, 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 service
				  occurred on the same calendar day.
2.
Certificate of Service
.
				Whenever a rule requires that a party serve a copy of a document on another
				party, the serving party may demonstrate compliance with the requirement of
				service by submitting to the Board a signed statement certifying service. The
				statement should include a written declaration of the names and addresses of
				the parties served and the date and manner of service. The following is an
				example of a statement certifying service: "I, _______, certify that on
				__________, I served a copy of this document on _______(name of party) by
				mailing/hand delivery/delivery via _____ delivery service (indicate which
				method), at the following address:______."
Proof of service, such as a certified mail return card, is
				  not required except in the case of a complaint or amended complaint. Such proof
				  will satisfy the requirement for a certificate of service. A sample certificate
				  of service is available from the Board and is included with the Board's
				  complaint form (LDRB Form 1).
3.
Proof of Service
. For a
				complaint or amended complaint, 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. 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.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 3 - LOGGING DISPUTE RESOLUTION BOARD › Section 186-3-9 - Official Transcripts

Current through 2024-29, July 17, 2024
A party to a Board hearing seeking to have the hearing
				  transcribed may, with prior approval of the Board, make arrangements for
				  transcription by a qualified court reporter and shall assume the costs of the
				  service. If such arrangements are made and a transcript is produced, a copy
				  must be furnished to the Board without cost and to the other parties upon
				  request and tender of the appropriate fee. If the transcript is agreed by the
				  parties to be or, in appropriate cases, determined by the Board to be the
				  official record of the proceeding, it must be made available to the other party
				  for inspection at a time and place determined by the Board.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 3 - LOGGING DISPUTE RESOLUTION BOARD › Section 186-3-10 - Enlargement of Time Periods and Postponement of Proceedings

Current through 2024-29, July 17, 2024
When an act must be done within a specified time period or if
				  a proceeding has been scheduled, and, prior to the expiration of that period or
				  the date of the proceeding the Board receives a request for enlargement of that
				  time, the Board may in its discretion with or without motion or notice enlarge
				  that time period for good cause shown. Upon motion made after the expiration of
				  the specified period, the Board may extend the period where the failure to act
				  was the result of excusable neglect.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 3 - LOGGING DISPUTE RESOLUTION BOARD › Section 186-3-11 - Witnesses and Subpoenas

Current through 2024-29, July 17, 2024
A party to a proceeding before the Board 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
				  to 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. section251 must be provided at the
				  time the subpoena is served. If the Board, on its own motion, requires the
				  attendance of witnesses through subpoenas, the Board will cause the subpoena to
				  be served on the named individual and will be responsible for paying the
				  required witness fee and transportation allowance.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 3 - LOGGING DISPUTE RESOLUTION BOARD › Section 186-3-12 - Discovery

Current through 2024-29, July 17, 2024
Upon request of either party in a dispute pending before the
				  Board and for good cause shown, the chair of the panel assigned to hear the
				  matter may issue a subpoena duces tecum, returnable at such date, time and
				  place in advance of the hearing as determined by the chair, to secure copies of
				  such relevant records and documents in the possession of the other party as may
				  be necessary for the prosecution of the requesting party's
				  case.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 3 - LOGGING DISPUTE RESOLUTION BOARD › Section 186-3-13 - Rules Regarding Evidence

Current through 2024-29, July 17, 2024
The strict rules of evidence observed by courts do not apply
				  in matters before the Board. The following rules 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 shall be admitted unless the author is available for
				cross-examination or subject to subpoena, except for good cause
				shown.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 3 - LOGGING DISPUTE RESOLUTION BOARD › Section 186-3-14 - Confidential Information

Current through 2024-29, July 17, 2024
The Board's proceedings are confidential and any information
				  disclosed by either party to a dispute to the Board or any of its members in
				  carrying out their duties shall be confidential.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 3 - LOGGING DISPUTE RESOLUTION BOARD › Section 186-3-15 - Official Notice

Current through 2024-29, July 17, 2024
The Board may take official notice of any facts of which
				  judicial notice could be taken, and may take official notice of technical or
				  scientific matters within their specialized knowledge. They may also take
				  official notice of statutes, regulations and nonconfidential agency records.
				  Parties will be notified of the Board's intention to take official notice and
				  will be afforded a reasonable opportunity to contest the substance or
				  materiality of the facts involved. Members of the Board may utilize their
				  experience, technical competence and specialized knowledge in evaluating the
				  evidence presented to them.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 3 - LOGGING DISPUTE RESOLUTION BOARD › Section 186-3-16 - Rights of Parties

Current through 2024-29, July 17, 2024
Any party to the hearing shall have the right to be
				  represented by counsel or by other representative, at the party's expense, 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 in the original and 3
				  copies. A copy of any brief filed with the Board must simultaneously be served
				  on all parties to the matter.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 3 - LOGGING DISPUTE RESOLUTION BOARD › Section 186-3-17 - Ex Parte Communications Prohibited

Current through 2024-29, July 17, 2024
No party or other person(s) legally interested in the outcome
				  of a hearing may communicate
ex parte
either directly or
				  indirectly with the Board assigned to the case in connection with any issue of
				  fact, law or procedure except upon notice and opportunity for all parties to
				  participate.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 3 - LOGGING DISPUTE RESOLUTION BOARD › Section 186-3-18 - Board Award

Current through 2024-29, July 17, 2024
After the close of the record the Board will issue a written
				  opinion and an award, if appropriate, within a reasonable time. The opinion
				  shall include findings of fact sufficient to constitute the basis of the
				  decision and record the vote of each member of the Board. Any member of the
				  Board may prepare a dissenting decision or a decision concurring in part and
				  dissenting in part and such separate decision will be disseminated in the same
				  manner as the majority decision. The Board shall deliver the award to each
				  party personally or by certified mail.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 3 - LOGGING DISPUTE RESOLUTION BOARD › Section 186-3-19 - Change of Award

Current through 2024-29, July 17, 2024
Either party may file an application with the Board for
				  modification or correction of an award. Such application must be filed with the
				  Board within 20 days after delivery of the award to the applicant. The
				  applicant shall give notice of the application forthwith to the other party,
				  stating that such party must serve its objections thereto, if any, within 10
				  days from receipt of the notice. Upon review of the application and any
				  objections, the Board may modify or correct the award where there was an
				  evident miscalculation of figures, an evident mistake in the description of any
				  person, thing, or property referred to in the award, or the award is imperfect
				  in a matter of form, not affecting the merits of the controversy. Any award so
				  modified or corrected is subject to review as provided in the following
				  section.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 3 - LOGGING DISPUTE RESOLUTION BOARD › Section 186-3-20 - Appeal

Current through 2024-29, July 17, 2024
A decision of the Board constitutes final agency action and
				  is subject to review by the Superior Court under the
Maine
				  Administrative Procedure
Act, 5 M.R.S.A. chapter 375, subchapter 7, in
				  accordance with
Maine Rules of Civil Procedure
, Rule
				  80B. The Court may, after
				  consideration, affirm, reverse or modify any such binding decision based upon
				  an erroneous ruling or finding of law. An appeal may be taken to the Law Court
				  as in any civil action.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 186 - STATE BOARD OF ARBITRATION AND CONCILIATION › Chapter 3 - LOGGING DISPUTE RESOLUTION BOARD › Section 186-3-22 - Other Procedural Issues

Current through 2024-29, July 17, 2024
In the event that procedural issues arise that are not
				  addressed by these rules or the statutes establishing the Logging Dispute
				  Resolution Board,
				  26
				  M.R.S.A. section3701 et seq., or by the
Uniform Arbitration
Act,
				  14
				  M.R.S.A. section5927
et
				  seq
., the Board will look to the Labor Arbitration Rules promulgated
				  by the American Arbitration Association for guidance in resolving such
				  questions.