LD 1123
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LR 1940
Item 1

 
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. 3. 26 MRSA §1036 is enacted to read:

 
§1036.__Continuation of grievance arbitration provisions

 
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 section, 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 section are routine technical rules as defined in Title 5,
chapter 375, subchapter 2-A.__Nothing in this section expands,
limits or modifies the scope of any grievance arbitration
provisions, including procedural requirements.

 
Sec. 4. 26 MRSA §1284-A, as enacted by PL 1997, c. 773, §6 and
affected by §7, is repealed and the following enacted in its
place:

 
§1284-A.__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.


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