LD 1123
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LR 1940
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over such grievances.__The arbitrator's determination is subject to
appeal, pursuant to the Uniform Arbitration Act.__Disputes over
which provisions in an expired contract are enforceable by virtue
of the static status quo doctrine first must be resolved by the
board, subject to appeal pursuant to applicable law.__The grievance
arbitration is stayed pending resolution of this issue by the
board.__The board may adopt rules as necessary to establish a
procedure to implement the intent of this section.__Rules adopted
pursuant to this subsection are routine technical rules as defined
in Title 5, chapter 375, subchapter 2-A.__Nothing in this
subsection expands, limits or modifies the scope of any grievance
arbitration provisions, including procedural requirements.

 
Sec. 2. 26 MRSA §979-R, as enacted by PL 1997, c. 773, §5 and
affected by §7, is repealed and the following enacted in its
place:

 
§979-R.__Continuation of grievance arbitration provisions

 
1.__Contract signed before October 1, 2005.__If a contract
between a public employer and a bargaining agent signed prior to
October 1, 2005 expires prior to the parties' agreement on a new
contract, the grievance arbitration provisions of the expired
contract pertaining to disciplinary action remain in effect until
the parties execute a new contract.

 
2.__Contract signed after October 1, 2005.__If a contract
between a public employer and a bargaining agent signed after
October 1, 2005 expires prior to the parties' agreement on a new
contract, the grievance arbitration provisions of the expired
contract remain in effect until the parties execute a new
contract.__In any arbitration that is conducted pursuant to this
subsection, an arbitrator shall apply only those provisions
enforceable by virtue of the static status quo doctrine and may
not add to, restrict or modify the applicable static status quo
following the expiration of the contract unless the parties have
otherwise agreed in the collective bargaining agreement. All such
grievances that are appealed to arbitration are subject
exclusively to the grievance and arbitration process contained in
the expired agreement, and the board does not have jurisdiction
over such grievances.__The arbitrator's determination is subject
to appeal, pursuant to the Uniform Arbitration Act.__Disputes
over which provisions in an expired contract are enforceable by
virtue of the static status quo doctrine first must be resolved
by the board, subject to appeal pursuant to applicable law.__The
grievance arbitration is stayed pending resolution of this issue
by the board.__The board may adopt rules as necessary to
establish a procedure to implement the intent of this section.__
Rules adopted pursuant to this subsection are routine technical


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