HP0053, LD 66, item 1, An Act To Prohibit Public Employers from Acting as Collection Agents for Labor Unions

An Act To Prohibit Public Employers from Acting as Collection Agents for Labor Unions

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 21-A MRSA §32, sub-§3, as amended by PL 2009, c. 144, §1, is further amended to read:

3. Class C crime. A person commits a Class C crime if that person misuses a state government computer system. For purposes of this subsection, a person is guilty of misuse of a state government computer system if that person knowingly uses a computer system operated by a state department or agency, the Judicial Department or the Legislature:

A. To prepare materials with the intent to expressly advocate, to those eligible to vote, for the election or defeat of any candidate for a federal office, a constitutional office or elective municipal, county or state office, including leadership positions in the State Senate and the State House of Representatives; or

B. With the intent to solicit contributions reportable under chapter 13.

For purposes of this subsection, "computer system" has the same meaning as in Title 17-A, section 431 and "leadership positions" means the presiding officers of each House of the Legislature, party leaders, the Clerk of the House, the Assistant Clerk of the House, the Secretary of the Senate and the Assistant Secretary of the Senate.

This subsection may not be construed to prohibit a public employer from deducting dues or other funds from an employee's pay, as authorized by the employee and provided through a collective bargaining agreement, and remitting those funds to an account or fund owned by the employee's collective bargaining agent, even if the funds might be used for political or legislative purposes.

Sec. 2. 26 MRSA §629, sub-§4, as repealed and replaced by PL 2007, c. 524, §1, is amended to read:

4. Deduction of service fees. Public employers may not deduct service fees or member dues owed by an employee to a collective bargaining agent from the employee's pay , without signed authorization from the employee, and remit those fees to the bargaining agent, as long as: .

A. The fee obligation arises from a lawfully executed and implemented collective bargaining agreement; and

B. In the event a fee payor owes any arrears on the payor's fee obligations, the deduction authorized under this subsection may include an installment on a payment plan to reimburse all arrears, but may not exceed in each pay period 10% of the gross pay owed.

summary

Current law allows a public employer to deduct service fees owed by an employee to a collective bargaining agent pursuant to a lawful collective bargaining agreement. This bill prohibits a public employer from collecting those fees or collecting member dues.

This bill also eliminates language from the election statutes allowing a public employer to deduct dues or other funds from an employee's pay and remit those funds to the employee's collective bargaining agent.

HP0053 LD 66	Session - 128th Maine Legislature		LR 71 Item 1
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