LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
665
APRIL 26, 2022 PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-TWO
_____
S.P. 568 - L.D. 1724
An Act To Create a Logging Dispute Resolution Board and To Require Proof
of Ownership Documents To Be Available within 14 Days of Request
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §872, sub-§2, as amended by PL 2011, c. 620, §1, is further
amended to read:
2. Proof of ownership required. An employer in this State who applies for a bond
worker in a logging occupation shall provide proof of the employer's ownership of any
logging equipment used by that worker in the course of employment, including proof of
ownership of at least one piece of logging equipment for every 2 bond workers employed
by the employer in a logging occupation. The employer shall provide proof of ownership
as required by this subsection on a form provided by the Commissioner of Labor. The
proof required by this subsection must include, but not be limited to, a receipt for payment
for the equipment purchased in a bona fide transaction and documentation of payment of
any tax assessed on the equipment pursuant to Title 36, chapter 105 for the year in which
the bond worker is employed by the employer. Proof of ownership must be carried in the
equipment and, upon request by the department or its designee, the operator of equipment
subject to this section shall provide proof of ownership. If proof of ownership is not
provided within 30 14 calendar days of such a request, a fine of not less than $5,000 and
not more than $25,000 may be assessed against that employer and collected by the
Commissioner of Labor. Notwithstanding section 3, information regarding proof of
ownership is not confidential and may be disclosed to the public. If the equipment is leased
by the employer, the employer shall provide the name, address and telephone number of
the leasing company and its affiliates and subsidiaries; the names, addresses and telephone
numbers of the leasing company's owner or owners, its agent and members of its board of
directors; and a copy of the lease document. A lease is sufficient to meet the ownership
requirement of this section only if it is a bona fide lease and:
A. The lease consists of an arm’s length transaction between unrelated entities or is a
transfer of equipment between affiliated companies;
B. The lease document contains a specific duration and lease amount;
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 C. The lessor is not an entity owned or controlled by a bond worker or a bond worker’s
spouse, parent, child, sibling, aunt, uncle or cousin or person related to a bond worker
in the same manner by marriage, or by any combination of a bond worker and the bond
worker’s family members described in this paragraph;
D. The lessor is a leasing business as evidenced by a lease of logging equipment to at
least 3 different, unrelated entities within each of the past 3 years; and
E. The lessor provides proof of payment of personal property tax assessed on the leased
equipment.
Sec. 2. 26 MRSA §872, sub-§2-A, as corrected by RR 2013, c. 1, §42, is amended
to read:
2-A. Notification. An employer filing for certification from the United States
Department of Labor to hire a bond worker to operate logging equipment shall at the time
of filing notify the Maine Department of Labor and provide, for the year in which the bond
worker is employed, the number of bond workers requested; a list of each piece of logging
equipment, including serial number, a bond worker will operate; receipts for payment for
the logging equipment purchased in bona fide transactions; and documentation of payment
of any tax assessed on the logging equipment pursuant to Title 36, chapter 105. An
employer shall notify the Maine Department of Labor within 30 14 calendar days of the
date on which a bond worker begins work in the State and shall specify the name of the
bond worker and the anticipated locations where the bond worker will be conducting work
and shall provide a copy of the United States Customs and Border Protection's entry form
for that worker. The employer shall certify to the Maine Department of Labor that the
employer is not requiring the bond worker to engage in point-to-point hauling of forest
products within the State or to otherwise violate federal cabotage laws. If the notification
is not provided within 30 14 calendar days of the date on which a bond worker begins work,
a fine of not less than $5,000 and not more than $25,000 must be assessed against that
employer and collected by the Commissioner of Labor.
Sec. 3. 26 MRSA §931, first ¶, as amended by PL 2021, c. 421, §1, is further
amended to read:
The State Board of Arbitration and Conciliation, in this subchapter called "the "board,"
consists of 3 members appointed by the Governor from time to time upon the expiration of
the terms of the several members for terms of 3 years. One member must be an employer
of labor or selected from an association representing employers of labor, and another must
be an employee or selected from a bona fide trade or labor union. The 3rd member must
represent the public interests of the State and serves as chair. Vacancies occurring during a
term must be filled for the unexpired term. When meeting to deliberate or vote with respect
to a matter before the board, members of the board are entitled to receive $150 a day per
meeting for their services for the time actually employed in the discharge of their official
duties. For all other purposes, members of the board are entitled to receive $300 a day for
their services for the time actually employed in the discharge of their official duties. They
are entitled to receive their traveling and all other necessary expenses. The costs for
services rendered and expenses incurred by the State Board of Arbitration and Conciliation
and any state allocation program charges must be shared equally by the parties to the
proceedings and must be paid into a special fund administered by the Maine Labor
Relations Board. Authorization for services rendered and expenditures incurred by the
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State Board of Arbitration and Conciliation is the responsibility of the Executive Director
of the Maine Labor Relations Board. All costs must be paid from that special fund. The
executive director may estimate costs upon receipt of a request for services and collect
those costs prior to providing the services. The executive director shall bill or reimburse
the parties, as appropriate, for any difference between the estimated costs that were
collected and the actual costs of providing the services. Once one party has paid its share
of the estimated cost of providing the service, the matter is scheduled for hearing. A party
who has not paid an invoice for the estimated or actual cost of providing services within 60
days of the date the invoice was issued is, in the absence of good cause shown, liable for
the amount of the invoice together with a penalty in the amount of 25% of the amount of
the invoice. Any penalty amount collected pursuant to this section remains in the special
fund administered by the Maine Labor Relations Board and that fund does not lapse. The
executive director is authorized to collect any sums due and payable pursuant to this section
through civil action. In such an action, the court shall allow litigation costs, including court
costs and reasonable attorney's fees, to be deposited in the General Fund if the executive
director is the prevailing party in the action. The executive director shall, annually, on or
before July 1st, make a report of the activities of the State Board of Arbitration and
Conciliation to the Governor. The board shall from time to time adopt rules of procedure
as it determines necessary, including rules for the Logging Dispute Resolution Board
pursuant to chapter 47. Rules adopted pursuant to this section are routine technical rules
as defined in Title 5, chapter 375, subchapter 2‑A.
Sec. 4. 26 MRSA c. 47 is enacted to read:
CHAPTER 47
LOGGING DISPUTE RESOLUTION BOARD
§3701. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms
have the following meanings.
1. Board. "Board" means the Logging Dispute Resolution Board established in
section 3702.
2. Forest land. "Forest land" means land used primarily for growth of trees to be
harvested for commercial use.
3. Forest landowner. "Forest landowner" means a person that owns or possesses
economic control over more than 50,000 acres of forest land.
4. Forest products harvester. "Forest products harvester" means an individual who
qualifies as an independent contractor under section 1043, subsection 11, paragraph E and
who is engaged in harvesting trees from forest land for a forest landowner.
§3702. Establishment
1. Establishment. The Logging Dispute Resolution Board is established, under the
authority of the State Board of Arbitration and Conciliation established in chapter 9,
subchapter 2-A, to conduct proceedings under this chapter.
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§3703. Members; terms; compensation; quorum
1. Members. The board consists of the following 3 members:
A. Two members appointed by the Governor, subject to review by the joint standing
committee of the Legislature having jurisdiction over labor matters, as follows:
(1) One member representing forest landowners; and
(2) One member with experience in dispute resolution and arbitration representing
forest products harvesters from a list submitted by the Maine AFL-CIO or its
successor organization; and
B. The chair of the State Board of Arbitration and Conciliation, who serves as an ex
officio member and as chair of the board.
2. Terms; alternates. Members of the board appointed under subsection 1, paragraph
A serve terms of 2 years. The Governor shall appoint 2 alternate members to represent each
interest set forth in subsection 1, paragraph A. Alternate members serve for the same terms,
have the same responsibilities and duties and are entitled to the same privileges and
emoluments as members. The alternate chairs of the State Board of Arbitration and
Conciliation under section 931 shall serve as alternate chairs of the board. When for any
reason a member of the board cannot participate in a particular proceeding, an alternate
member having the same qualifications shall act as a member of the board in that
proceeding. The member described in subsection 1, paragraph B does not need to be the
same individual in each proceeding.
3. Compensation of members. Notwithstanding Title 5, section 12004-B, subsection
1, the chair of the board is entitled to a rate of compensation of $300 per day for
participating in board proceedings. The other members are entitled to a rate of
compensation of $200 per day. All board members are entitled to travel and other expenses
in the same manner as for State Board of Arbitration and Conciliation members under
section 931.
4. Quorum. Two members of the board constitute a quorum. A vacancy in the board
does not impair the power of the remaining members to exercise the powers of the board.
§3704. Board duties
The board may hear and decide disputes between a forest products harvester and forest
landowner in accordance with this section related to wage violations, payout amounts,
contract violations or disputes related to hiring.
At a hearing, the board shall hear all interested persons who come before it and make
an award, if appropriate, and written opinion, which is binding on the parties to the
complaint. The chair of the board shall publish the board’s written opinion and any award.
§3705. Filing of complaint
1. Who may file complaint. A forest products harvester or forest landowner may file
a complaint with the board stating the facts of a dispute. The filing must contain any
information as required by the board by rule.
2. Limitation on time to file complaint. A forest products harvester or forest
landowner may not file a complaint more than 2 years after an alleged dispute.
§3706. Proceedings
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 1. Cost. The costs of board members’ per diem and necessary expenses, as well as
related state allocation program charges, must be borne by the party against whom the
board decides. The Executive Director of the Maine Labor Relations Board is authorized
to collect any sums due and payable pursuant to this subsection through civil action. In
such an action, the court shall allow litigation costs, including court costs and reasonable
attorney’s fees, to be deposited in the General Fund if the executive director is the
prevailing party in the action.
2. Appeal. A decision of the board under this chapter constitutes a final agency action
and is subject to judicial review pursuant to Title 5, chapter 375, subchapter 7.
3. Enforcement. A party to a decision of the board under this chapter may bring a civil
action in Superior Court to enforce a decision of the board.
4. Applicability of State Board of Arbitration and Conciliation provisions. The
following provisions apply to board proceedings under this chapter:
A. To the extent not inconsistent with this chapter, section 931; and
B. Sections 932 and 939.
§3707. Rules
The State Board of Arbitration and Conciliation in accordance with section 931 may
adopt rules to implement this chapter. Rules adopted pursuant to this section are routine
technical rules as defined in Title 5, chapter 375, subchapter 2-A.
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Statutes affected:
Bill Text LD 1724, SP 568: 26.874, 26.872
Bill Text ACTPUB , Chapter 665: 26.872, 26.931