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130th MAINE LEGISLATURE |
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LD 449 |
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LR 1003(01) |
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An Act To
Strengthen the Ability of Public Employers and Unions To Negotiate |
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Preliminary
Fiscal Impact Statement for Original Bill |
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Sponsor: Rep. McCrea of Fort Fairfield |
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Committee: Labor and Housing |
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Fiscal Note Required: Yes |
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Preliminary
Fiscal Impact Statement |
Potential State Mandate - Unfunded |
State Mandates |
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Required Activity |
Unit Affected |
Local Cost |
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Requires public
employers that would have included the exception to the mutual obligation to
meet requirement in a collective bargaining agreement to meet within 10 days
after a written notice from the other party is made. This requirement may result in increased
costs to those public employers for legal and other services. |
Municipality
School |
Moderate limited scope |
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The required
local activities in this bill may represent a state mandate pursuant to the
Constitution of Maine. If the bill does require a local unit of government to
expand or modify its activities so as to necessitate additional expenditures
from local revenue, the state mandate provisions of the Constitution of Maine
require either: (1) General Fund appropriations be provided to fund at least
90% of any additional necessitated local costs of the mandate; or (2) a
Mandate Preamble be added to the bill and two-thirds of the members of each
House vote to exempt the mandate from the funding requirement. If the bill
does represent a state mandate and neither one of these actions occurs, the
local units of government will not be required to implement the mandated
activities. |
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Fiscal Detail
and Notes |
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Public employers
affected by this legislation include municipalities; school districts; the
Maine Turnpike Authority; the Maine Public Employees Retirement System;
water, sewer and fire districts; and counties and or a subdivision of a
county. The impact to public employers
whose current collective bargaining agreements include this exception that
will now have to meet with a bargaining agent within 10 days of receiving
written notice or to those public employers who would have included this
exception in future collective bargaining agreements can not be
determined. However, information
provided by the Maine Municipal Association indicates that this exception
provision is not widely used in municipal agreements. |
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This legislation
may also result in increased costs to the Maine Labor Relations Board (MLRB)
due to an increase in the number of complaint filings that may occur over
disputes as to whether or not an employer owes a duty to bargain over a
subject covered by an existing contract.
The cost to the MLRB, and the ability of the board to absorb those
costs within existing budgeted resources, will depend on the number of
complaint filings received. The board
estimates its portion of the cost to be $1,300 per filing. |
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