‘An Act To Include within the Definition of "Public Employee" and "Judicial Employee" Those Who Have Been Employed Less than 6 Months’
| HP1403 LD 1959 |
Session - 129th Maine Legislature C "A", Filing Number H-852, Sponsored by
|
LR 3101 Item 2 |
|
| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act To Include within the Definition of "Public Employee" and "Judicial Employee" Those Who Have Been Employed Less than 6 Months’
Amend the bill by inserting after the enacting clause and before section 1 the following:
‘Sec. 1. 5 MRSA §7051, sub-§5, as amended by PL 1987, c. 240, §3, is further amended to read:
Sec. 2. 5 MRSA §7051, sub-§7, as amended by PL 1987, c. 9, §3 and PL 1995, c. 560, Pt. K, §82, affected by §83 and amended by PL 2001, c. 354, §3 and PL 2003, c. 689, Pt. B, §6, is further amended to read:
Notwithstanding any other provision of law to the contrary, the head of any institution under the control of the Department of Health and Human Services as the appointing authority may suspend with pay any employee who is charged by indictment with the commission of a criminal offense involving acts alleged to have been perpetrated upon any resident or residents of any such institution. Any suspension with pay may be authorized by the appointing authority only when to permit the employee to remain on duty at the institution would be against the best interest of any one or more of the residents of the institution, and authorization for suspension with pay shall apply applies only during the pendency of the criminal proceedings in the trial court, but not longer than 30 working days. Sections 7081 to 7084 shall do not apply to suspension with pay ordered by the appointing authority under this paragraph.’
Amend the bill by inserting after section 3 the following:
‘Sec. 4. 26 MRSA §1282, sub-§5, ¶E, as enacted by PL 1983, c. 702, is amended to read:
Sec. 5. 26 MRSA §1282, sub-§5, ¶F, as enacted by PL 1983, c. 702, is amended to read:
Sec. 6. 26 MRSA §1282, sub-§5, ¶G, as enacted by PL 1983, c. 702, is repealed.
Sec. 7. 26 MRSA §1283-A is enacted to read:
§ 1283-A. Judicial employees; probationary period
If the public employer requires a judicial employee to complete a probationary period, that judicial employee may be dismissed, suspended or otherwise disciplined without cause. Dismissal, suspension or any other disciplinary action against a judicial employee during the probationary period is not subject to the grievance and arbitration provision of the collective bargaining agreement.
Sec. 8. 26 MRSA §1285, sub-§1, ¶E, as amended by PL 1989, c. 596, Pt. N, §6, is further amended to read:
(1) Wage and salary schedules to the extent they are inconsistent with rates prevailing in commerce and industry for comparable work within the State;
(2) Work schedules relating to assigned hours and days of the week;
(3) Use of vacation or sick leave, or both;
(4) General working conditions;
(5) Overtime practices; and
(6) Rules for personnel administration, except for rules relating to applicants for employment and employees in an initial probationary status, including any extensions thereof, provided that as long as the rules are not discriminatory by reason of an applicant's race, color, creed, sex or national origin.
Cost items shall must be included in the Judicial Department's next operating budget in accordance with Title 4, section 24. If the Legislature rejects any of the cost items submitted to it, all cost items submitted shall must be returned to the parties for further bargaining. Cost items related to a collective bargaining agreement reached under this chapter and submitted to the Legislature for its approval under this subsection shall may not be submitted in the same legislation that contains cost items for employees exempted from the definition of "judicial employee" under section 1282, subsection 5, except that cost items for employees exempted under section 1282, subsection 5, paragraphs paragraph F and G, need not be excluded.
Sec. 9. 30-A MRSA §501, sub-§2-A, as enacted by PL 2009, c. 106, §1, is amended to read:
Sec. 10. 30-A MRSA §2701, as amended by PL 1993, c. 744, §15, is further amended by adding at the end a new paragraph to read:
During the probationary period, an employee may be dismissed, suspended or otherwise disciplined without cause. Dismissal, suspension or any other disciplinary action against an employee during the probationary period is not subject to the grievance and arbitration provision of the collective bargaining agreement.’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment provides that a person who has been an employee of the judicial branch for less than 6 months is considered a judicial employee for the purposes of the law governing judicial employees labor relations. It clarifies that a person who has been an employee of the State or another public employer for less than 6 months may be dismissed, suspended or otherwise disciplined without cause during the probationary period. It specifies that termination of an employee or any other disciplinary action against an employee during the probationary period is not subject to the grievance and arbitration provision of the collective bargaining agreement.