130th MAINE LEGISLATURE
FIRST REGULAR SESSION-2021
Legislative Document No. 555
H.P. 400 House of Representatives, February 24, 2021
An Act To Expand the Rights of Public Sector Employees
Received by the Clerk of the House on February 22, 2021. Referred to the Committee on
Labor and Housing pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule
401.
ROBERT B. HUNT
Clerk
Presented by Representative SYLVESTER 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 965;
12 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 of
23 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 unit
31 of the public employee organization shall deliver to the public employer of the
32 employees voting to strike in paragraph A or the employer's agent a notice of the intent
33 to strike and state the date upon which the strike will begin and the date upon which
34 the strike will end; and
35 C. The public employee organization or unit of the public employee organization
36 sending notice of a strike or the 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.
39 For the purposes of this subsection, "employee whose duties include protecting public
40 safety" includes a law enforcement officer as defined in Title 25, section 1611, subsection
41 5; a municipal firefighter as defined in Title 30-A, section 3151, subsection 2; an
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42
1 emergency dispatcher; emergency medical, response or rescue personnel; and a corrections
43
2 officer as defined in Title 25, section 2801-A, subsection 2 who provides direct care to
44
3 inmates and detainees committed to the care of a sheriff in a jail as defined in Title 17-A,
45
4 section 2, subsection 15-A.
5 2. Prohibited employer conduct. A public employer may not permanently replace a
6 public employee who engages in a strike in accordance with subsection 1 because that
7 employee engaged in a strike.
8 Nothing in this section prohibits a public employer, during a strike authorized in
9 accordance with subsection 1, from requiring that the minimum necessary number of public
10 employees report to work in order to ensure that the public health, safety and welfare are
11 protected during any event or occasional combination of circumstances that calls for
12 immediate action or remedy. A public employee required to work during a strike may file
13 a grievance.
14 Sec. 3. 26 MRSA §979-C, sub-§2, as amended by PL 1997, c. 741, §5 and affected
15 by §12, is further amended to read:
16 2. State employee and legislative employee prohibitions. State Except as provided
17 under section 979-V, state employees and legislative employees, employee organizations,
18 their agents, members and bargaining agents are prohibited from:
19 A. Interfering with, restraining or coercing employees in the exercise of the rights
20 guaranteed in section 979-B or the public employer in the selection of its the public
21 employer's representative for purposes of collective bargaining or the adjustment of
22 grievances;
23 B. Refusing to bargain collectively with the public employer as required by section
24 979-D; or
25 C. Engaging in:
26 (1) A work stoppage;
27 (2) A slowdown;
28 (3) A strike; or
29 (4) The blacklisting of the public employer for the purpose of preventing it the
30 public employer from filling employee vacancies.
31 Sec. 4. 26 MRSA §979-V is enacted to read:
32 §979-V. Authorized strikes
33 1. Authorization to engage in a strike. A state employee or legislative employee,
34 except for an employee whose duties include protecting public safety; a state employee or
35 legislative employee organization; an agent of a state employee or legislative employee or
36 state employee or legislative employee organization; a member of a state employee or
37 legislative employee organization; or a bargaining agent of a state employee or legislative
38 employee or state employee or legislative employee organization may engage in a strike
39 and a state employee or legislative employee organization may authorize a strike of the
40 members of the organization pursuant to the following procedures:
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 1 A. The membership of a state employee or legislative employee organization or unit
2 of a state employee or legislative employee organization that is affected by the issue
3 for which the strike is called must conduct a vote of a majority of members;
4 B. Upon an affirmative vote in paragraph A, the state employee or legislative employee
5 organization or unit of the state employee or legislative employee organization shall
6 deliver to the state employer or legislative employer of the employees voting to strike
7 in paragraph A or the employer's agent a notice of the intent to strike and state the date
8 upon which the strike will begin and the date upon which the strike will end; and
9 C. The state employee or legislative employee organization or unit of the state
10 employee or legislative employee organization sending notice of a strike or the state
11 employer or legislative employer receiving notice of a strike under paragraph B may
12 call for emergency bargaining within 3 days prior to the date upon which the strike is
13 intended to start.
14 For the purposes of this subsection, "employee whose duties include protecting public
15 safety" includes a law enforcement officer as defined in Title 25, section 1611, subsection
16 5; a firefighter; a military firefighter; an emergency dispatcher; emergency medical,
17 response or rescue personnel; a corrections officer as defined in Title 25, section 2801-A,
18 subsection 2 who provides direct care to prisoners, detainees and juveniles committed to
19 the care of the Commissioner of Corrections; and an employee of the Department of Health
20 and Human Services who provides direct care to persons committed to the custody of the
21 Commissioner of Health and Human Services at a state mental health institute as defined
22 in Title 34-B, section 3801, subsection 9 and to persons voluntarily receiving services at a
23 state mental health institute.
24 2. Prohibited employer conduct. A state employer or legislative employer may not
25 permanently replace a state employee or legislative employee who engages in a strike in
26 accordance with subsection 1 because that employee engaged in a strike.
27 Nothing in this section prohibits a state employer or legislative employer, during a
28 strike authorized in accordance with subsection 1, from requiring that the minimum
29 necessary number of state employees or legislative employees report to work in order to
30 ensure that the public health, safety and welfare are protected during any event or
31 occasional combination of circumstances that calls for immediate action or remedy. A state
32 employee or legislative employee required to work during a strike may file a grievance.
33 Sec. 5. 26 MRSA §1027, sub-§2, as amended by PL 1989, c. 443, §72 and PL
34 2003, c. 20, Pt. OO, §2 and affected by §4, is further amended to read:
35 2. University, academy, community colleges; prohibitions. University Except as
36 provided under section 1027-A, university employees, university employee organizations,
37 their agents, members and bargaining agents; academy employees, academy employee
38 organizations, their agents, members and bargaining agents; and community college
39 employees, community college employee organizations, their agents, members and
40 bargaining agents are prohibited from:
41 A. Interfering with, restraining or coercing employees in the exercise of the rights
42 guaranteed in section 1023 or the university, academy and community colleges in the
43 selection of their representatives for the purposes of collective bargaining or the
44 adjustment of grievances;
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 1 B. Refusing to bargain collectively with the university, academy and community
2 colleges as required by section 1026; and or
3 C. Engaging in:
4 (1) A work stoppage, slowdown or strike; and
5 (2) The blacklisting of the university, academy or community colleges for the
6 purpose of preventing them from filling employee vacancies.
7 Sec. 6. 26 MRSA §1027-A is enacted to read:
8 §1027-A. Authorized strikes
9 1. Authorization to engage in a strike. A university, academy or community college
10 employee, except for an employee whose duties include protecting public safety; a
11 university, academy or community college employee organization; an agent of a university,
12 academy or community college employee or a university, academy or community college
13 employee organization; a member of a university, academy or community college
14 employee organization; or a bargaining agent of a university, academy or community
15 college employee or university, academy or community college employee organization
16 may engage in a strike and a university, academy or community college employee
17 organization may authorize a strike of the members of the organization pursuant to the
18 following procedures:
19 A. The membership of a university, academy or community college employee
20 organization or unit of a university, academy or community college employee
21 organization that is affected by the issue for which the strike is called must conduct a
22 vote of a majority of members;
23 B. Upon an affirmative vote in paragraph A, the university, academy or community
24 college employee organization or unit of the university, academy or community college
25 employee organization shall deliver to the university, academy or community college
26 employer of the employees voting to strike in paragraph A or the employer's agent a
27 notice of the intent to strike and state the date upon which the strike will begin and the
28 date upon which the strike will end; and
29 C. The university, academy or community college employee organization or unit of
30 the university, academy or community college employee organization sending notice
31 of a strike or the university, academy or community college employer receiving notice
32 of a strike under paragraph B may call for emergency bargaining within 3 days prior
33 to the date upon which the strike is intended to start.
34 For the purposes of this subsection, "employee whose duties include protecting public
35 safety" includes a law enforcement officer as defined in Title 25, section 1611, subsection
36 5.
37 2. Prohibited employer conduct. A university, academy or community college
38 employer may not permanently replace a university, academy or community college
39 employee who engages in a strike in accordance with subsection 1 because that employee
40 engaged in a strike.
41 Nothing in this section prohibits a university, academy or community college
42 employer, during a strike authorized in accordance with subsection 1, from requiring that
43 the minimum necessary number of university, academy or community college employees
44 report to work in order to ensure that the public health, safety and welfare are protected
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45
1 during any event or occasional combination of circumstances that calls for immediate
46
2 action or remedy. A university, academy or community college employee required to work
47
3 during a strike may file a grievance.
4 Sec. 7. 26 MRSA §1284, sub-§2, as enacted by PL 1983, c. 702, is amended to
5 read:
6 2. Judicial employee prohibitions. Judicial Except as provided under section
7 1284-B, judicial employees, judicial employee organizations, their agents, members and
8 bargaining agents are prohibited from:
9 A. Interfering with, restraining or coercing employees in the exercise of the rights
10 guaranteed in section 1283 or the public employer in the selection of its representative
11 for purposes of collective bargaining or the adjustment of grievances;
12 B. Refusing to bargain collectively with the public employer, as required by section
13 1285; or
14 C. Engaging in:
15 (1) A work stoppage;
16 (2) A slowdown;
17 (3) A strike; or
18 (4) The blacklisting of the public employer for the purpose of preventing it the
19 public employer from filling employee vacancies.
20 Sec. 8. 26 MRSA §1284-B is enacted to read:
21 §1284-B. Authorized strikes
22 1. Authorization to engage in a strike. A judicial employee, except for an employee
23 whose duties include protecting public safety or an employee whose duties ensure an
24 individual's procedural due process rights are not denied; a judicial employee organization;
25 an agent of a judicial employee or judicial employee organization; a member of a judicial
26 employee organization; or a bargaining agent of a judicial employee or judicial employee
27 organization may engage in a strike and a judicial employee organization may authorize a
28 strike of the members of the organization pursuant to the following procedures:
29 A. The membership of a judicial employee organization or unit of a judicial employee
30 organization that is affected by the issue for which the strike is called must conduct a
31 vote of a majority of members;
32 B. Upon an affirmative vote in paragraph A, the judicial employee organization or unit
33 of the judicial employee organization shall deliver to the public employer of the
34 employees voting to strike in paragraph A or the employer's agent a notice of the intent
35 to strike and state the date upon which the strike will begin and the date upon which
36 the strike will end; and
37 C. The judicial employee organization or unit of the judicial employee organization
38 sending notice of a strike or the public employer receiving notice of a strike under
39 paragraph B may call for emergency bargaining within 3 days prior to the date upon
40 which the strike is intended to start.
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 1 For the purposes of this subsection, "employee whose duties include protecting public
2 safety" includes a law enforcement officer as defined in Title 25, section 1611, subsection
3 5.
4 For the purposes of this subsection, "employee whose duties ensure an individual's
5 procedural due process rights are not denied" includes a judicial employee who carries out
6 the basic functions that are necessary for a court to operate to allow an individual access to
7 the justice system.
8 2. Prohibited employer conduct. A public employer may not permanently replace a
9 judicial employee who engages in a strike in accordance with subsection 1 because that
10 employee engaged in a strike.
11 Nothing in this section prohibits a public employer, during a strike authorized in
12 accordance with subsection 1, from requiring that the minimum necessary number of
13 judicial employees report to work in order to ensure that the public health, safety and
14 welfare are protected during any event or occasional combination of circumstances that
15 calls for immediate action or remedy. A judicial employee required to work during a strike
16 may file a grievance.
17 SUMMARY
18 This bill allows public employees, including municipal and county employees, state
19