B.__The principal party adverse to the employee in the grievance is a dues-paying member of the bargaining agent.

2.__Reimbursement of costs.__If an employee engages a private attorney to pursue a grievance under this section, the bargaining agent shall reimburse the employee for all costs and expenses incurred in pursuing the grievance, including attorney's fees, whether or not the employee prevails.

SUMMARY

The purpose of this bill is to clarify the laws governing bargaining agents for employees at public universities and colleges in Maine. Under this bill:

1. Public universities and colleges in this State are required to recognize and accept an employee and the employee's attorney as the grievant and representative, as well as the bargaining agent, for purposes of a grievance proceeding;

2. If requested by an employee, the bargaining agent is required to fairly represent the employee at every step of the grievance process;

3. An employee who elects to proceed with a grievance without representation by the bargaining agent has all of the rights to pursue the grievance that the bargaining agent would have had;

4. The role of the bargaining agent is set forth, both in instances in which the employee has requested representation by the bargaining agent and instances in which the employee has declined such representation; and

5. The issue of potential conflicts of interest is addressed.