‘Resolve, To Study the Effect of Compensated Union Leave in State Collective Bargaining Contracts’

‘Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  the State is party to collective bargaining contracts that allow employees the right to compensated leave for activities involving the employees' collective bargaining agent, also known as union leave or organizational leave; and

Whereas,  these collective bargaining agent activities have no bearing on the tasks for which such state employees have been hired by the State; and

Whereas,  it is currently unclear the extent of the impact of compensated union leave on state resources and the benefit of such leave to the State; and

Whereas,  state resources are extremely limited and it is in the best interest of the citizens of the State that state resources are spent as efficiently as possible; and

Whereas,  the study authorized by this resolve must be initiated before the 90-day period expires in order that the study may be completed and a report produced in time for submission to the next legislative session; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it

Sec. 1. The Study Commission on State Union Leave established. Resolved: That the Study Commission on State Union Leave, referred to in this resolve as "the study commission" is established; and be it further

Sec. 2. Study commission membership. Resolved: That the study commission consists of 13 members appointed as follows:

1. Six members appointed by the President of the Senate as follows:

2. Five members appointed by the Speaker of the House as follows:

3. The Executive Director of the Legislative Council or the executive director's designee; and

4. The Commissioner of Administrative and Financial Services or the commissioner's designee; and be it further

Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate chair and the first-named House of Representatives member is the House chair of the study commission; and be it further

Sec. 4. Appointments; convening of the study commission. Resolved: That all appointments must be made no later than 30 days following the effective date of this resolve. The appointing authorities shall notify the Executive Director of the Legislative Council once all appointments have been completed. After appointment of all members, the chairs shall call and convene the first meeting of the study commission. If 30 days or more after the effective date of this resolve a majority of but not all appointments have been made, the chairs may request authority and the Legislative Council may grant authority for the study commission to meet and conduct its business; and be it further

Sec. 5. Duties. Resolved: That the study commission shall conduct a study on the impact of state-compensated leave for an employee to participate in activities related to the employee's collective bargaining agent, both in terms of overall financial cost to the State and in terms of lost employee time, and on the benefits of such leave to the State; and be it further

Sec. 6. Staff assistance. Resolved: That the Legislative Council shall provide necessary staffing services to the study commission; and be it further

Sec. 7. Report. Resolved: That, no later than December 2, 2015, the study commission shall submit a report that includes its findings and recommendations, including suggested legislation, for presentation to the Joint Standing Committee on Labor, Commerce, Research and Economic Development, which may report out a bill related to the report to the Second Regular Session of the 127th Legislature.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.’