APPROVED CHAPTER
MARCH 14, 2024 541
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
S.P. 860 - L.D. 2032
An Act to Improve Maine's Labor Laws by Changing the Laws Governing
Elections of Collective Bargaining Agents for Certain Public Employees
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §979-F, as amended by PL 1981, c. 277, is further amended to
read:
§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 The request shall must describe the
grouping of jobs or positions which that constitute the unit claimed to be appropriate and
shall must include a demonstration of majority support. Such The request for recognition
shall may be granted by the public employer unless the public employer desires that an
election determine whether the organization represents a majority of the members in the
bargaining unit.
1-A. Majority sign-up. If a request by a state employee organization for recognition
pursuant to subsection 1 is not granted by the public employer, the executive director or
the executive director's designee shall examine the demonstration of support. If the
executive director or the executive director's designee finds that a majority of the
employees in a unit appropriate for bargaining have signed valid authorizations designating
the employees' organization specified in the petition as their bargaining representative and
that no other individual or labor organization is currently certified or recognized as the
exclusive representative of any of the employees in the unit, the board may not direct an
election but shall certify the employees' organization as the representative. However, if the
majority status of the employees in the appropriate unit is in question, the executive director
or the executive director's designee shall call an election to determine whether the
organization represents a majority of the members in the bargaining unit.
2. Elections.
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A. The executive director of the board, or his the executive director's designee upon
signed request of a public employer alleging that one or more state employees or state
employee organizations have presented to it a claim to be recognized as the
representative of a bargaining unit of state employees, pursuant to subsection 1-A, or
upon signed petition of at least 30% of a bargaining unit of state employees that they
desire to be represented by an organization, shall conduct a secret ballot election to
determine whether the organization represents a majority of the members of the
bargaining unit. Such an The election may be conducted at suitable work locations or
through the United States mail provided, nevertheless, that and the procedures adopted
and employed by the Maine Labor Relations Board shall maintain the anonymity of
the voter from both board must ensure that neither the employee organizations and nor
the management representatives involved in the election have access to information
that would identify a voter.
B. The ballot shall must contain the name of such the organization under paragraph A
and that of any other organization showing written proof of at least 10% representation
of the state employees within the unit, together with a choice for any state employee to
designate that he the state employee does not desire to be represented by any bargaining
agent. Where When more than one organization is on the ballot and no one of the 3 or
more choices receives a majority vote of the state employees voting, a run-off election
shall must be held. The run-off ballot shall must contain the 2 choices which that
received the largest and 2nd largest number of votes. When an organization receives
the majority of votes of those voting, the executive director of the board or the
executive director's designee shall certify it the organization as the bargaining agent.
The bargaining agent certified as representing a bargaining unit shall must be
recognized by the public employer as the sole and exclusive bargaining agent for all of
the employees in the bargaining unit unless and until a decertification election by secret
ballot shall be is held and the bargaining agent declared by the executive director of
the board as not representing a majority of the unit.
C. Whenever 30% of the employees in a certified bargaining unit petition for a
bargaining agent to be decertified, the procedures for conducting an election on the
question shall be of decertification are the same as for representation as a bargaining
agent hereinbefore set forth as established in this subsection.
D. No A question concerning representation may not be raised within one year of a
certification or attempted certification. Where When there is a valid collective
bargaining agreement in effect, no a question concerning unit or representation may
not be raised except during the period not more than 90 days nor less than 60 days prior
to the expiration date of the agreement. Unit clarification proceedings are not subject
to this time limitation and may be brought at any time consistent with section 979‑E,
subsection 3.
E. The bargaining agent certified by the executive director of the board or his the
executive director's designee as the exclusive bargaining agent shall be required to
represent all the public state employees within the unit without regard to membership
in the organization certified as the bargaining agent, provided except that any public
state employee at any time may present his that state employee's grievance to the public
employer and have such that grievance adjusted without the intervention of the
bargaining agent, if the adjustment is not inconsistent with the terms of a collective
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 bargaining agreement then in effect and if the bargaining agent's representative has
been given reasonable opportunity to be present at any meeting of the parties called for
the resolution of such the grievance.
Sec. 2. 26 MRSA §1025, as corrected by RR 2021, c. 2, Pt. A, §91, is amended to
read:
§1025. Determination of bargaining agent
1. Voluntary recognition. An A university, academy or community college employee
organization may file a request with the university, academy or community colleges
alleging that a majority of the university, academy or community college employees in an
appropriate bargaining unit as established in section 1024‑A wish to be represented for the
purpose of collective bargaining between the university, academy or community colleges
and the employees' organization. Such The request must describe the grouping of jobs or
positions that constitute the unit claimed to be appropriate and must include a
demonstration of majority support. Such The request for recognition must may be granted
by the university, academy or community colleges unless the university, academy or
community colleges desire that an election determine whether the organization represents
a majority of the members in the bargaining unit. In the event that the request for
recognition is granted by the university, academy or community colleges, the executive
director shall certify the organization so recognized as the bargaining agent.
1-A. Majority sign-up. If a request by a university, academy or community college
employee organization for recognition pursuant to subsection 1 is not granted by the
university, academy or community college, the executive director or the executive
director's designee shall examine the demonstration of support. If the executive director or
the executive director's designee finds that a majority of the employees in a unit appropriate
for bargaining have signed valid authorizations designating the employees' organization
specified in the petition as their bargaining representative and that no other individual or
labor organization is currently certified or recognized as the exclusive representative of any
of the employees in the unit, the board may not direct an election but shall certify the
employees' organization as the representative. However, if the majority status of the
employees in the appropriate unit is in question, the executive director or the executive
director's designee shall call an election to determine whether the organization represents
a majority of the members in the bargaining unit.
2. Elections.
A. The executive director of the board, upon signed request of the university, academy
or community college alleging that one or more university, academy or community
college employees or employee organizations have presented to it a claim to be
recognized as the representative of a bargaining unit of university, academy or
community college employees or the executive director's designee, pursuant to
subsection 1-A, or upon signed petition of at least 30% of a bargaining unit of
university, academy or community college employees that they desire to be represented
by an organization, shall conduct a secret ballot election to determine whether the
organization represents a majority of the members of the bargaining unit. Such an The
election may be conducted at suitable work locations or through the United States mail,
and the procedures adopted and employed must ensure that neither the employee
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 organizations or nor the management representatives involved in the election have
access to information that would identify a voter.
B. The ballot shall must contain the name of such the organization under paragraph A
and that of any other organization showing written proof of at least 10% representation
of the university, academy or community college employees within the unit, together
with a choice for any university, academy or community college employee to designate
that the employee does not desire to be represented by any bargaining agent. Where
When more than one organization is on the ballot, and no one of the 3 or more choices
receives a majority vote of the university, academy or community college employees
voting, a run-off election shall must be held. The run-off ballot shall must contain the
2 choices which that received the largest and 2nd largest number of votes. When an
organization receives the majority of votes of those voting, the executive director or
the executive director's designee shall certify it the organization as the bargaining
agent. The bargaining agent certified as representing a bargaining unit shall must be
recognized by the university, academy or community colleges as the sole and exclusive
bargaining agent for all of the employees in the bargaining unit unless and until a
decertification election by secret ballot shall be is held and the bargaining agent
declared by the executive director as not representing a majority of the unit.
C. Whenever 30% of the employees in a bargaining unit petition for a bargaining agent
to be decertified, the procedures for conducting an election on the question shall be of
decertification are the same as for representation as a bargaining agent hereinbefore set
forth as established in this subsection.
D. No A question concerning representation may not be raised within one year of a
certification or attempted certification. Where When there is a valid collective
bargaining agreement in effect, no a question concerning unit or representation may
not be raised except during the period not more than 90 days nor less than 60 days prior
to the expiration date of the agreement.
E. The bargaining agent certified by the executive director or a the executive director's
designee as the exclusive bargaining agent for a unit is required to shall represent all
the university, academy or community college employees within the unit without
regard to membership in the organization certified as the bargaining agent, except that
any university, academy or community college employee may present at any time that
employee's grievance to the employer university, academy or community college and
have that grievance adjusted without the intervention of the bargaining agent, if the
adjustment is not inconsistent with the terms of any collective bargaining agreement
then in effect and if the bargaining agent's representative has been given reasonable
opportunity to be present at any meeting of the parties called for the resolution of that
grievance.
Sec. 3. 26 MRSA §1287, as enacted by PL 1983, c. 702, is amended to read:
§1287. Determination of bargaining agent
1. Voluntary recognition. Any judicial employee organization may file a request
with the public employer alleging that a majority of the judicial employees in an appropriate
bargaining unit wish to be represented for the purpose of collective bargaining between the
public employer and the employees' organization. The request shall must describe the
grouping of jobs or positions which that constitute the unit claimed to be appropriate and
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shall must include a demonstration of majority support. The request for recognition shall
may be granted by the public employer, unless the public employer desires that an election
determine whether the organization represents a majority of the members in the bargaining
unit.
1-A. Majority sign-up. If a request by a judicial employee organization for
recognition pursuant to subsection 1 is not granted by the public employer, the executive
director or the executive director's designee shall examine the demonstration of support. If
the executive director or the executive director's designee finds that a majority of the
employees in a unit appropriate for bargaining have signed valid authorizations designating
the employees' organization specified in the petition as their bargaining representative and
that no other individual or labor organization is currently certified or recognized as the
exclusive representative of any of the employees in the unit, the board may not direct an
election but shall certify the employees' organization as the representative. However, if the
majority status of the employees in the appropriate unit is in question, the executive director
or the executive director's designee shall call an election to determine whether the
organization represents a majority of the members in the bargaining unit.
2. Elections. The executive director of the board, or his the executive director's
designee, upon signed request of a public employer alleging that one or more judicial
employees or judicial employee organizations have presented to it a claim to be recognized
as the representative of a bargaining unit of judicial employees pursuant to subsection 1-A,
or upon signed petition of at least 30% of a bargaining unit of judicial employees that they
desire to be represented by an organization, shall conduct a secret ballot election to
determine whether the organization represents a majority of the members of the bargaining
unit. Such an The election may be conducted at suitable work locations or through the
United States mail, provided that and the procedures adopted and employed by the board
shall maintain the anonymity of the voter from both must ensure that neither the employee
organizations and nor the management representatives involved in the election have access
to information that would identify a voter.
3. Voting.
A. The ballot shall must contain the name of the organization and that of any other
organization showing written proof of at least 10% representation of the judicial
employees within the unit, together with a choice for any judicial employee to
designate that he the judicial employee does not desire to be represented by any
bargaining agent. When more than one organization is on the ballot and no one of the
3 or more choices receives a majority vote of the judicial employees voting, a runoff
run-off election shall must be held. The runoff run-off ballot shall must contain the 2
choices which that received the largest and 2nd largest number of votes. When an
organization receives the majority of votes of those voting, the executive director of
the board or the executive director's designee shall certify it the organization as the
bargaining agent. The bargaining agent certified as representing a bargaining unit shall
must be recognized by the public employer as the sole and exclusive bargaining agent
for all of the employees in the bargaining unit, unless and until a decertification election
by secret ballot shall be is held and the bargaining agent declared by the executive
director of the board as not representing a majority of the unit.
B. Whenever 30% of the employees in a certified bargaining unit petition for a
bargaining agent to be decertified, the procedures for conducting an election on the
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question shall be of decertification are the same as for representation as a bargaining
agent as set forth established in this chapter section.
C. No A question concerning representation may not be raised within one year of a
certification or attempted certification. Where When there is a valid collective
bargaining agreement in effect, no a question concerning unit or representation may
not be raised, except during the period not more than 90 days nor less than 60 days
prior to the expiration date of the agreement. Unit clarification proceedings are not
subject to this time limitation and may be brought at any time consistent with s