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Home » US Law » 2022 Maine Revised Statutes » TITLE 26: LABOR AND INDUSTRY » Chapter 9-B: STATE EMPLOYEES LABOR RELATIONS ACT

26 §979-A. Definitions

§979-A. Definitions As used in this chapter the following terms shall, unless the context requires a different interpretation, have the following meanings.   [PL 1973, c. 774 (NEW).] 1.  Bargaining agent.  “Bargaining agent” means any lawful organization, association or individual representative of such organization or association which has as its primary purpose the representation of […]

26 §979-D. Obligation to bargain

§979-D. Obligation to bargain 1.  Negotiations.  On and after January 1, 1975, it shall be the obligation of the public employer and the bargaining agent to bargain collectively. “Collective bargaining” means, for the purpose of this chapter, their mutual obligation:   A. To meet at reasonable times;   [PL 1973, c. 774 (NEW).] B. To […]

26 §979-E. Bargaining unit; how determined

§979-E. Bargaining unit; how determined 1.  In the event of a dispute between the public employer and an employee or employees as to the appropriateness of a unit for purposes of collective bargaining or between the public employer and an employee or employees as to whether a supervisory or other position is included in the […]

26 §979-F. Determination of bargaining agent

§979-F. Determination of bargaining agent 1.  Voluntary recognition.  Any state employee organization may file a request with the public employer alleging that a majority of the state employees in an appropriate bargaining unit wish to be represented for the purpose of collective bargaining between the public employer and the employees’ organization. Such request shall describe […]

26 §979-G. Rule-making procedure and review of proceedings

§979-G. Rule-making procedure and review of proceedings 1.  Rule-making procedure.  Proceedings conducted under this chapter are subject to the rules and procedures of the board promulgated under section 968, subsection 3.   [PL 1993, c. 90, §4 (AMD).] 2.  Review of representation proceedings.  Any person aggrieved by any ruling or determination of the executive director […]

26 §979-H. Prevention of prohibited acts

§979-H. Prevention of prohibited acts 1.  The board is empowered, as provided, to prevent any person, the public employer, any state employee, any legislative employee, any employee organization or any bargaining agent from engaging in any of the prohibited acts enumerated in section 979‑C. This power may not be affected by any other means of […]

26 §979-I. Hearings

§979-I. Hearings 1.  Hearings conducted by the board shall be informal and the rules of evidence prevailing in judicial proceedings shall not be binding. Any and all documentary evidence and other evidence deemed relevant by the board may be received.   [PL 1973, c. 774 (NEW).] 2.  The chairman shall have the power to administer […]

26 §979-J. Reports

§979-J. Reports 1.  The board shall annually, on or before the first day of July, make a report to the Governor. The appropriation for the board and the executive director shall be included in the budget of the Department of Labor and authorization for expenditures shall be the responsibility of the chairman or executive director. […]

26 §979-K. Grievance arbitration

§979-K. Grievance arbitration An agreement between a bargaining agent and the public employer may provide for binding arbitration as the final step of a grievance procedure, provided that any such grievance procedure shall be exclusive and shall supersede any otherwise applicable grievance procedure provided by law. If no such provision is contained in the collective […]

26 §979-L. Suits by and against unincorporated employee organizations

§979-L. Suits by and against unincorporated employee organizations In any judicial proceeding brought under this chapter or to enforce any of the rights guaranteed by this chapter, any unincorporated employee organization may sue or be sued in the name by which it is known.   [PL 1973, c. 774 (NEW).] SECTION HISTORY PL 1973, c. […]

26 §979-M. Review of arbitration awards

§979-M. Review of arbitration awards 1.  Either party may seek a review by the Superior Court of a binding determination by an arbitration panel. Such review shall be sought in accordance with Rule 80B of the Maine Rules of Civil Procedure.   [PL 1973, c. 774 (NEW).] 2.  In the absence of fraud, the binding […]

26 §979-N. Separability

§979-N. Separability 1.  If any clause, sentence, paragraph or part of this chapter, or the application thereof to any person or circumstances, shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter and the application of such […]

26 §979-O. Name

§979-O. Name The name of the Public Employees Labor Relations Board is changed to the Maine Labor Relations Board. Whenever the name Public Employees Labor Relations Board appears in law, it shall be construed to mean Maine Labor Relations Board.   [PL 1975, c. 564, §38 (NEW).] SECTION HISTORY PL 1975, c. 564, §38 (NEW).

26 §979-P. Publication of initial proposals

§979-P. Publication of initial proposals Either party to negotiations may publicize the parties’ written initial collective bargaining proposals. No proposal may be publicized until 10 days after both parties have made their initial proposal.   [PL 1979, c. 125, §2 (NEW).] SECTION HISTORY PL 1979, c. 125, §2 (NEW).

26 §979-R. Continuation of grievance arbitration provisions

§979-R. Continuation of grievance arbitration provisions 1.  Contract signed before October 1, 2005.  If a contract between a public employer and a bargaining agent signed prior to October 1, 2005 expires prior to the parties’ agreement on a new contract, the grievance arbitration provisions of the expired contract pertaining to disciplinary action remain in effect […]

26 §979-S. Representation of employees in certain limited-period positions

§979-S. Representation of employees in certain limited-period positions This section governs limited-period positions created for former regular employees of the State who are receiving workers’ compensation payments from the State when creation of the positions will enable those employees to return to productive employment with the State. A person placed in such a limited-period position […]

26 §979-T. Bargaining agent access

§979-T. Bargaining agent access 1.  Bargaining agent access to employees.  Public employers shall provide to a bargaining agent access to members of the bargaining unit that the bargaining agent exclusively represents. Access must include, but is not limited to, the following:   A. The right to meet with individual employees on the premises of the […]