An Act To Ensure that Membership of Public Employees in Unions is Voluntary
Sec. 1. 20-A MRSA §1464, sub-§2, ¶H, as amended by PL 2009, c. 580, §6, is further amended to read:
(1) A petition for an election to determine the bargaining agent must be filed with the Maine Labor Relations Board by any of the current bargaining agents or the regional school unit.
(2) The petition must be filed not more than 90 days prior to the first August 31st occurring after the 3rd anniversary date of the operational date of the regional school unit established pursuant to section 1463, subsection 1.
(3) The election ballot may contain only the names of the bargaining agents of bargaining units that will be merged into the regional school unit-wide bargaining unit and the choice of "no representative," but no other choices. No showing of interest is required from any such bargaining agent other than its current status as representative.
(4) The obligation to bargain with existing bargaining agents continues from the operational date established pursuant to section 1463, subsection 1 until the determination of the bargaining agent of the regional school unit-wide bargaining unit under this section; but in no event may any collective bargaining agreement that is executed after the operational date extend beyond the first August 31st occurring after the 3rd anniversary date of the operational date of the regional school unit.
(5) The Maine Labor Relations Board shall expedite to the extent practicable all petitions for determination of the bargaining agent in the regional school unit-wide bargaining unit filed pursuant to this section.
(6) The bargaining units must be merged into a regional school unit-wide bargaining unit as of the date of certification of the results of the election by the Maine Labor Relations Board or the expiration of the collective bargaining agreements in the unit, whichever occurs later.
(7) Until the first August 31st occurring after the 3rd anniversary date of the operational date of the regional school unit, existing bargaining agents shall continue to represent the bargaining units that they represented on the day prior to the operational date of the regional school unit. If necessary, each bargaining agent and the regional school unit must negotiate an interim collective bargaining agreement to expire on the first August 31st occurring after the 3rd anniversary date of the operational date of the regional school unit.
(8) When there are 2 or more bargaining units in which there are employees who are represented either by the same bargaining agent or by separate local affiliates of the same state labor organization that will be merged into a regional school unit-wide bargaining unit with one or more other bargaining units pursuant to the election procedures described in this paragraph, the bargaining units that are represented either by the same bargaining agent or by separate local affiliates of the same state labor organization must merge as of the operational date. The procedures for merger of separate local affiliates of the same state labor organization described in paragraph E must be followed if applicable.
Sec. 2. 20-A MRSA §1464-A, sub-§2, ¶F, as enacted by PL 2009, c. 580, §8, is amended to read:
(1) A petition for an election to determine the bargaining agent must be filed with the Maine Labor Relations Board by any of the current bargaining agents or the alternative organizational structure.
(2) The petition must be filed not more than 90 days prior to the first August 31st occurring after either the 3rd anniversary date of the operational date of the alternative organizational structure or the date on which positions are transferred from member school units to the alternative organizational structure, whichever is later.
(3) The election ballot may contain only the names of the bargaining agents of bargaining units that will be merged into the alternative organizational structure-wide bargaining unit and the choice of "no representative," but no other choices. A showing of interest is not required from any such bargaining agent other than its current status as representative.
(4) The obligation to bargain with existing bargaining agents continues from the operational date of the alternative organizational structure or the date on which positions are transferred from member school units to the alternative organizational structure, whichever is later, until the determination of the bargaining agent of the alternative organizational structure-wide bargaining unit under this section; but in no event may any collective bargaining agreement that is executed after the operational date extend beyond the first August 31st occurring after either the 3rd anniversary date of the operational date of the alternative organizational structure or the date on which positions are transferred from member school units to the alternative organizational structure, whichever is later.
(5) The Maine Labor Relations Board shall expedite to the extent practicable all petitions for determination of the bargaining agent in the alternative organizational structure filed pursuant to this section.
(6) The bargaining units must be merged into an alternative organizational structure-wide bargaining unit as of the date of certification of the results of the election by the Maine Labor Relations Board or the expiration of the collective bargaining agreements in the unit, whichever occurs later.
(7) Until the first August 31st occurring after either the 3rd anniversary date of the operational date of the alternative organizational structure or the date on which positions are transferred from member school units to the alternative organizational structure, whichever is later, existing bargaining agents shall continue to represent the bargaining units that they represented on the day prior to the operational date of the alternative organizational structure. If necessary, each bargaining agent and the alternative organizational structure must negotiate interim collective bargaining agreements to expire the first August 31st occurring after either the 3rd anniversary date of the operational date of the alternative organizational structure or the date on which positions are transferred from member school units to the alternative organizational structure, whichever is later.
(8) When there are 2 or more bargaining units in which there are employees who are represented either by the same bargaining agent or by separate local affiliates of the same state labor organization that will be merged into an alternative organizational structure-wide bargaining unit with one or more other bargaining units pursuant to the election procedures described in this paragraph, the bargaining units that are represented either by the same bargaining agent or by separate local affiliates of the same state labor organization must merge as of the operational date. The procedures for merger of separate local affiliates of the same state labor organization described in paragraph D must be followed if applicable.
Sec. 3. 26 MRSA §962, sub-§2, as amended by PL 1973, c. 458, §1, is further amended to read:
Sec. 4. 26 MRSA §966, sub-§3, as enacted by PL 1975, c. 697, §2, is amended to read:
Sec. 5. 26 MRSA §966, sub-§4, as amended by PL 1993, c. 38, §1, is further amended to read:
When there is an unexpired collective bargaining agreement in the merged bargaining unit with a different expiration date from any other collective bargaining agreement in the merged bargaining unit, all contracts must be honored to their expiration dates unless mutually agreed to otherwise by the public employer and the bargaining agent. Collective bargaining agreements may be bargained on an interim basis in any merged bargaining unit so that all collective bargaining agreements expire on the same date.
Sec. 6. 26 MRSA §967, as amended by PL 1991, c. 622, Pt. O, §7, is repealed.
Sec. 7. 26 MRSA §968, sub-§4, as amended by PL 1993, c. 90, §1, is further amended to read:
Upon receipt of such an appeal, the board shall within a reasonable time hold a hearing having first caused 7 days notice in writing of the time and place of the hearing to be given to the aggrieved party, the labor organizations organization or bargaining agent and the public employer. These hearings must be conducted in the manner provided in subsection 5, paragraph B. Within a reasonable time after the conclusion of any hearing the board shall make a written decision that must include findings of fact and either affirm or modify the ruling or determination of the executive director and specify the reasons for that action. A copy of that decision must be mailed to the labor organization or bargaining agent or its attorney or other designated representative and the public employer. Decisions of the board made pursuant to this subsection are subject to review by the Superior Court under the Maine Rules of Civil Procedure, Rule 80C, in accordance with the standards specified in section 972, provided if the complaint is filed within 15 days of the date of issuance of the decision. The complaint must be served upon the board and all parties to the board proceeding by certified mail, return receipt requested.
Sec. 8. 26 MRSA §979-A, sub-§1, as enacted by PL 1973, c. 774, is amended to read:
Sec. 9. 26 MRSA §979-E, sub-§3, as enacted by PL 1975, c. 697, §9, is amended to read:
Sec. 10. 26 MRSA §979-F, as amended by PL 1981, c. 277, is repealed.
Sec. 11. 26 MRSA §979-G, sub-§2, as amended by PL 1993, c. 90, §4, is further amended to read:
Sec. 12. 26 MRSA §1022, sub-§1-B, as enacted by PL 1975, c. 671, §3, is amended to read:
Sec. 13. 26 MRSA §1024-A, sub-§7, as enacted by PL 1979, c. 541, Pt. B, §31, is amended to read:
Sec. 14. 26 MRSA §1025, as amended by PL 2003, c. 20, Pt. OO, §2 and affected by §4, is repealed.
Sec. 15. 26 MRSA §1027, sub-§3, as enacted by PL 1975, c. 603, §1, is repealed.
Sec. 16. 26 MRSA §1028, sub-§2, as amended by PL 2007, c. 695, Pt. C, §17, is further amended to read:
Sec. 17. 26 MRSA c. 12-A is enacted to read:
CHAPTER 12-A
REPRESENTATION OF PUBLIC SECTOR LABOR CONTRACTS
§ 1039. Policy of State
It is the public policy of this State that any contract or agreement entered into between the State or any subdivision of the State, including, but not limited to, any county, city, town, municipality or independent district, and a labor organization, under the terms of which contract or agreement the labor organization is empowered, or purports to be empowered, to represent any public employee who is not a voluntary member of that labor organization is unlawful and is declared void.
§ 1040. Annual determination of bargaining agent
Notwithstanding any law to the contrary, a public employee bargaining unit formed pursuant to this Title annually shall hold an election to determine or certify the bargaining agent for that unit.
Sec. 18. Application. This Act does not affect the validity of any lawful contract or agreement in existence on the effective date of this Act but does apply to any extension or renewal of such a contract or agreement.
summary
This bill amends the State's labor laws to ensure that each public sector union represents only those public employees who voluntarily are members of that union.
This bill also requires a public employee union annually to determine or certify the bargaining agent for that union.