Legislative Document No. 900 H.P. 664 House of Representatives, February 19, 2019
An Act To Expand the Rights of Public Employees under the Maine Labor Laws
Reference to the Committee on Labor and Housing suggested and ordered printed.
ROBERT B. HUNT Clerk
Presented by Representative SYLVESTER of Portland. Cosponsored by Senator MIRAMANT of Knox and Representatives: ALLEY of Beals, COLLINGS of Portland, DOORE of Augusta, EVANGELOS of Friendship, FARNSWORTH of Portland, MELARAGNO of Auburn, RYKERSON of Kittery, TALBOT ROSS of Portland.
Printed on recycled paper 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 26 MRSA §964, sub-§2, as enacted by PL 1969, c. 424, §1, is amended to 3 read:
4 2. Public employee prohibitions. Public Except as provided under section 964-B, 5 public employees, public employee organizations, their agents, members and bargaining 6 agents are prohibited from: 7 A. Interfering with, restraining or coercing employees in the exercise of the rights 8 guaranteed in section 963 or a public employer in the selection of his the public 9 employer's representative for purposes of collective bargaining or the adjustment of 10 grievances; 11 B. Refusing to bargain collectively with a public employer as required by section 12 965; or 13 C. Engaging in: 14 (1) A work stoppage; 15 (2) A slowdown; 16 (3) A strike; or 17 (4) The blacklisting of any public employer for the purpose of preventing it the 18 public employer from filling employee vacancies. 19 Sec. 2. 26 MRSA §964-B is enacted to read: 20 §964-B. Authorized strikes
21 1. Authorization to engage in a strike. A public employee, except for an employee 22 whose duties include protecting public safety, a public employee organization, an agent 23 of a public employee or public employee organization, a member of a public employee 24 organization or a bargaining agent of a public employee or public employee organization 25 may engage in a strike and a public employee organization may authorize a strike of the 26 members of the organization pursuant to the following procedures: 27 A. The membership of a public employee organization or unit of a public employee 28 organization that is affected by the issue for which the strike is called must conduct a 29 vote of a majority of members; 30 B. Upon an affirmative vote in paragraph A, the public employee organization or 31 unit of the public employee organization shall deliver to the public employer of the 32 employees voting to strike or the employer's agent a notice of the intent to strike and 33 state the date upon which the strike will begin and the date upon which the strike will 34 end; and 35 C. The public employee organization or unit of the public employee organization 36 sending notice of a strike or public employer receiving notice of a strike under 37 paragraph B may call for emergency bargaining within 3 days prior to the date upon 38 which the strike is intended to start.
Page 1 - 129LR0689(01)-1 1 Sec. 3. 26 MRSA §979-C, sub-§2, as amended by PL 1997, c. 741, §5 and 2 affected by §12, is further amended to read:
3 2. State and legislative employee prohibitions. State Except as provided under 4 section 979-T, state and legislative employees, employee organizations, their agents, 5 members and bargaining agents are prohibited from: 6 A. Interfering with, restraining or coercing employees in the exercise of the rights 7 guaranteed in section 979-B or the public employer in the selection of its the public 8 employer's representative for purposes of collective bargaining or the adjustment of 9 grievances; 10 B. Refusing to bargain collectively with the public employer as required by section 11 979-D; or 12 C. Engaging in: 13 (1) A work stoppage; 14 (2) A slowdown; 15 (3) A strike; or 16 (4) The blacklisting of the public employer for the purpose of preventing it the 17 public employer from filling employee vacancies. 18 Sec. 4. 26 MRSA §979-T is enacted to read: 19 §979-T. Authorized strikes
20 1. Authorization to engage in a strike. A state or legislative employee, except for 21 an employee whose duties include protecting public safety, a state or legislative employee 22 organization, an agent of a state or legislative employee or state or legislative employee 23 organization, a member of a state or legislative employee organization or a bargaining 24 agent of a state or legislative employee or state or legislative employee organization may 25 engage in a strike and a state or legislative employee organization may authorize a strike 26 of the members of the organization pursuant to the following procedures: 27 A. The membership of a state or legislative employee organization or unit of a state 28 or legislative employee organization that is affected by the issue for which the strike 29 is called must conduct a vote of a majority of members; 30 B. Upon an affirmative vote in paragraph A, the state or legislative employee 31 organization or unit of the state or legislative employee organization shall deliver to 32 the state or legislative employer of the employees voting to strike in paragraph A or 33 the employer's agent a notice of the intent to strike and state the date upon which the 34 strike will begin and the date upon which the strike will end; and 35 C. The state or legislative employee organization or unit of the state or legislative 36 employee organization sending notice of a strike or state or legislative employer 37 receiving notice of a strike under paragraph B may call for emergency bargaining 38 within 3 days prior to the date upon which the strike is intended to start.
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