HP0664, LD 900, item 3, Document Text

Amend the bill by striking out all of section 2 and inserting the following:

‘Sec. 2. 26 MRSA §964-B is enacted to read:

§ 964-B. Authorized strikes

1. Authorization to engage in a strike. A public employee, except for an employee whose duties include protecting public safety; a public employee organization; an agent of a public employee or public employee organization; a member of a public employee organization; or a bargaining agent of a public employee or public employee organization may engage in a strike and a public employee organization may authorize a strike of the members of the organization pursuant to the following procedures:

A. The membership of a public employee organization or unit of a public employee organization that is affected by the issue for which the strike is called must conduct a vote of a majority of members;

B. Upon an affirmative vote in paragraph A, the public employee organization or unit of the public employee organization shall deliver to the public employer of the employees voting to strike in paragraph A or the employer's agent a notice of the intent to strike and state the date upon which the strike will begin and the date upon which the strike will end; and

C. The public employee organization or unit of the public employee organization sending notice of a strike or public employer receiving notice of a strike under paragraph B may call for emergency bargaining within 3 days prior to the date upon which the strike is intended to start.

For the purposes of this subsection, "employee whose duties include protecting public safety" includes a law enforcement officer as defined in Title 25, section 1611, subsection 5; a municipal firefighter as defined in Title 30-A, section 3151, subsection 2; an emergency dispatcher; emergency medical, response or rescue personnel; and a corrections officer as defined in Title 25, section 2801-A, subsection 2 who provides direct care to inmates and detainees committed to the care of a sheriff in a jail as defined in Title 17-A, section 2, subsection 15-A.

2. Prohibited employer conduct. A public employer may not permanently replace a public employee who engages in a strike in accordance with subsection 1 because that employee engaged in a strike.

Nothing in this section prohibits a public employer, during a strike authorized in accordance with subsection 1, from requiring that the minimum necessary number of public employees reports to work in order to ensure that the public health, safety and welfare are protected during any event or occasional combination of circumstances that calls for immediate action or remedy. A public employee required to work during a strike may file a grievance.’

Amend the bill in section 3 in subsection 2 in the 2nd line (page 2, line 4 in L.D.) by striking out the following: " 979-T" and inserting the following: ' 979-V'

Amend the bill by striking out all of section 4 and inserting the following:

‘Sec. 4. 26 MRSA §979-V is enacted to read:

§ 979-V. Authorized strikes

1. Authorization to engage in a strike. A state or legislative employee, except for an employee whose duties include protecting public safety; a state or legislative employee organization; an agent of a state or legislative employee or state or legislative employee organization; a member of a state or legislative employee organization; or a bargaining agent of a state or legislative employee or state or legislative employee organization may engage in a strike and a state or legislative employee organization may authorize a strike of the members of the organization pursuant to the following procedures:

A. The membership of a state or legislative employee organization or unit of a state or legislative employee organization that is affected by the issue for which the strike is called must conduct a vote of a majority of members;

B. Upon an affirmative vote in paragraph A, the state or legislative employee organization or unit of the state or legislative employee organization shall deliver to the state or legislative employer of the employees voting to strike in paragraph A or the employer's agent a notice of the intent to strike and state the date upon which the strike will begin and the date upon which the strike will end; and

C. The state or legislative employee organization or unit of the state or legislative employee organization sending notice of a strike or state or legislative employer receiving notice of a strike under paragraph B may call for emergency bargaining within 3 days prior to the date upon which the strike is intended to start.

For the purposes of this subsection, "employee whose duties include protecting public safety" includes a law enforcement officer as defined in Title 25, section 1611, subsection 5; a firefighter; a military firefighter; an emergency dispatcher; emergency medical, response or rescue personnel; a corrections officer as defined in Title 25, section 2801-A, subsection 2 who provides direct care to prisoners, detainees and juveniles committed to the care of the Commissioner of Corrections; and an employee of the Department of Health and Human Services who provides direct care to persons committed to the custody of the Commissioner of Health and Human Services at a state mental health institute as defined in Title 34-B, section 3801, subsection 9 and to persons voluntarily receiving services at a state mental health institute as defined in Title 34-B, section 3801, subsection 9.

2. Prohibited employer conduct. A state or legislative employer may not permanently replace a state or legislative employee who engages in a strike in accordance with subsection 1 because that employee engaged in a strike.

Nothing in this section prohibits a state or legislative employer, during a strike authorized in accordance with subsection 1, from requiring that the minimum necessary number of state or legislative employees reports to work in order to ensure that the public health, safety and welfare are protected during any event or occasional combination of circumstances that calls for immediate action or remedy. A state or legislative employee required to work during a strike may file a grievance.’

Amend the bill by striking out all of section 6 and inserting the following:

‘Sec. 6. 26 MRSA §1027-A is enacted to read:

§ 1027-A. Authorized strikes

1. Authorization to engage in a strike. A university, academy or community college employee, except for an employee whose duties include protecting public safety; a university, academy or community college employee organization; an agent of a university, academy or community college employee or a university, academy or community college employee organization; a member of a university, academy or community college employee organization; or a bargaining agent of a university, academy or community college employee or university, academy or community college employee organization may engage in a strike and a university, academy or community college employee organization may authorize a strike of the members of the organization pursuant to the following procedures:

A. The membership of a university, academy or community college employee organization or unit of a university, academy or community college employee organization that is affected by the issue for which the strike is called must conduct a vote of a majority of members;

B. Upon an affirmative vote in paragraph A, the university, academy or community college employee organization or unit of the university, academy or community college employee organization shall deliver to the university, academy or community college employer of the employees voting to strike in paragraph A or the employer's agent a notice of the intent to strike and state the date upon which the strike will begin and the date upon which the strike will end; and

C. The university, academy or community college employee organization or unit of the university, academy or community college employee organization sending notice of a strike or university, academy or community college employer receiving notice of a strike under paragraph B may call for emergency bargaining within 3 days prior to the date upon which the strike is intended to start.

For the purposes of this subsection, "employee whose duties include protecting public safety" includes a law enforcement officer as defined in Title 25, section 1611, subsection 5.

2. Prohibited employer conduct. A university, academy or community college employer may not permanently replace a university, academy or community college employee who engages in a strike in accordance with subsection 1 because that employee engaged in a strike.

Nothing in this section prohibits a university, academy or community college employer, during a strike authorized in accordance with subsection 1, from requiring that the minimum necessary number of university, academy or community college employees reports to work in order to ensure that the public health, safety and welfare are protected during any event or occasional combination of circumstances that calls for immediate action or remedy. A university, academy or community college employee required to work during a strike may file a grievance.’

Amend the bill by striking out all of section 8 and inserting the following:

‘Sec. 8. 26 MRSA §1284-B is enacted to read:

§ 1284-B. Authorized strikes

1. Authorization to engage in a strike. A judicial employee, except for an employee whose duties include protecting public safety or an employee whose duties ensure an individual's procedural due process rights are not denied; a judicial employee organization; an agent of a judicial employee or judicial employee organization; a member of a judicial employee organization; or a bargaining agent of a judicial employee or judicial employee organization may engage in a strike and a judicial employee organization may authorize a strike of the members of the organization pursuant to the following procedures:

A. The membership of a judicial employee organization or unit of a judicial employee organization that is affected by the issue for which the strike is called must conduct a vote of a majority of members;

B. Upon an affirmative vote in paragraph A, the judicial employee organization or unit of the judicial employee organization shall deliver to the judicial employer of the employees voting to strike in paragraph A or the employer's agent a notice of the intent to strike and state the date upon which the strike will begin and the date upon which the strike will end; and

C. The judicial employee organization or unit of the judicial employee organization sending notice of a strike or judicial employer receiving notice of a strike under paragraph B may call for emergency bargaining within 3 days prior to the date upon which the strike is intended to start.

For the purposes of this subsection, "employee whose duties include protecting public safety" includes a law enforcement officer as defined in Title 25, section 1611, subsection 5.

For the purposes of this subsection, "employee whose duties ensure an individual's procedural due process rights are not denied" includes a judicial employee who carries out the basic functions that are necessary for a court to operate to allow an individual access to the justice system.

2. Prohibited employer conduct. A judicial employer may not permanently replace a judicial employee who engages in a strike in accordance with subsection 1 because that employee engaged in a strike.

Nothing in this section prohibits a judicial employer, during a strike authorized in accordance with subsection 1, from requiring that the minimum necessary number of judicial employees reports to work in order to ensure that the public health, safety and welfare are protected during any event or occasional combination of circumstances that calls for immediate action or remedy. A judicial employee required to work during a strike may file a grievance.’

Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

summary

This amendment clarifies which employees' duties include protecting public safety and are therefore prohibited from striking. It prohibits a public employer from permanently replacing an employee because that employee engaged in a strike. It clarifies that under certain circumstances an employer may require an employee to report to work during a strike, but allows the employee to file a grievance if the employee is required to work during a strike. It also specifies that judicial employees whose duties ensure an individual's procedural due process rights are not denied are prohibited from striking.

FISCAL NOTE REQUIRED

(See attached)

HP0664 LD 900	Session - 129th Maine Legislature C "A", Filing Number H-725, Sponsored by		LR 689 Item 3
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