An Act To Ensure the Right To Work without Payment of Dues or Fees to a Labor Union as a Condition of Employmentt
Sec. 1. 26 MRSA §963, sub-§2, as enacted by PL 2007, c. 415, §2, is amended to read:
Sec. 2. 26 MRSA §1023, sub-§2, as enacted by PL 2007, c. 415, §10, is amended to read:
Sec. 3. 26 MRSA §1283, sub-§2, as enacted by PL 2007, c. 415, §15, is amended to read:
Sec. 4. 26 MRSA c. 43 is enacted to read:
RIGHT TO REFRAIN FROM JOINING A UNION
§ 3501. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 3502. Right to refrain
Notwithstanding any law to the contrary, a person may not be required, as a condition of employment or continuation of employment, to:
§ 3503. Agreements in violation
An agreement, understanding or practice, written or oral, implied or expressed, between a labor organization and an employer that violates a provision of this chapter is unlawful, void and of no legal effect.
§ 3504. Penalty
A person who directly or indirectly violates any provision of this chapter commits a Class D crime.
§ 3505. Injunctive relief
A person injured as a result of another person's violation or threatened violation of a provision of this chapter is entitled to injunctive relief against the person violating or threatening to violate this chapter.
§ 3506. Damages
A person injured as a result of a violation or threatened violation of a provision of this chapter may recover all damages, including court costs and reasonable attorney's fees, resulting from the violation or threatened violation. A recovery of damages under this section is independent of and in addition to the penalty provided in section 3504.
§ 3507. Duty to investigate and enforce
The Attorney General shall investigate complaints of a violation or threatened violation of this chapter and shall prosecute any person violating any of its provisions. The Attorney General shall use all means available to ensure effective enforcement of this chapter.
§ 3508. Jurisdiction
The Superior Court has jurisdiction to hear and decide prosecutions of all offenses under this chapter.
§ 3509. Exceptions
This chapter does not apply to the following:
§ 3510. Application
This chapter applies to a contract entered into, renewed or extended on or after the effective date of this chapter.
This bill prohibits a person, including a public employee, an employee of the University of Maine System, the Maine Maritime Academy or the Maine Community College System and an employee of the judicial branch, from being required to join a labor organization or pay any labor organization dues or fees as a condition of employment or continuation of employment, notwithstanding any state law to the contrary. A violation is a Class D crime and is also subject to civil damages and injunctive relief. The Attorney General is responsible for enforcement and is required to prosecute all violations.