Title 26, Title 26

It is declared to be the policy of the State, in the exercise of its police power for the protection of the public safety and for the maintenance of peace and good order and for the promotion of the state's trade, commerce and manufacturing, to assure all persons involved in labo…

A person, partnership, union, agency, firm or corporation or officer, employee or agent thereof may not recruit, procure, supply or refer any person for employment who customarily and repeatedly offers to accept employment in place of any employee involved in a labor, strike or l…

A person, partnership, union, firm or corporation involved in a labor, strike or lockout may not, directly or indirectly, employ in the place of an employee involved in that strike or lockout any person who customarily and repeatedly offers to accept employment in the place of em…

A person who customarily and repeatedly offers to accept employment in place of employees involved in a labor, strike or lockout may not take or offer to take the place of employment of any employee involved in a labor, strike or lockout.

It is prima facie evidence that a person customarily and repeatedly offers to accept employment in place of employees involved in a labor, strike or lockout if the person has 2 times before offered to take the place of employment of persons involved in labor, strikes or lockouts.

Any person, partnership, union, agency, firm or corporation or any officer, employee or agent thereof, who or which shall willfully and knowingly violate any provision of this subchapter, for each violation, shall be punished by a fine of not more than $300 for any such offense, …

1. Prohibition. No employer shall knowingly employ any alien in this State who has not been lawfully admitted to the United States for permanent residence, unless the employment of the alien is authorized by the United States Immigration and Naturalization Service. 1-A. Violation…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Bond worker" means a person who has been described under 8 United States Code, Section 1101(a)(15)(H)(ii) and granted permission to work temporari…

1. Definitions. 2. Employer requirements; clearinghouse and reporting. 3. Clearinghouse requirements. 4. Department role. 4-A. Department role. The Maine Department of Labor shall: A. In addition to enforcing federal requirements imposed by 20 Code of Federal Regulations, Part 65…

1. Required leave. An employer shall grant reasonable and necessary leave from work, with or without pay, for an employee for the following reasons related to an extreme public health emergency: A. The employee is unable to work because the employee is under individual public hea…

This subchapter may be known and cited as "the Voluntary Veteran Preference Employment Policy Act."

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2013, c. 576, §4 (NEW).] 1. DD Form 214. "DD Form 214" means an Armed Forces Report of Transfer or Discharge or its predecessor or successor forms. 2. Private …

A private employer may have a veteran preference employment policy. The policy must be in writing and must be applied uniformly to employment decisions regarding hiring, promotion or retention during a reduction in workforce. A private employer may require that a veteran submit a…

1. Department provides public awareness signs. The Department of Labor shall provide the Department of Transportation, the Maine Turnpike Authority and each employer in the State that is a business or employer listed in subsection 3 with public awareness signs that contain a tele…

It is declared to be the policy of the State to provide full and adequate facilities for the settlement of disputes between employers and employees or their representatives and other disputes subject to settlement through mediation.

The Panel of Mediators, as established by Title 5, section 12004‑B, subsection 3, consisting of not less than 5 nor more than 10 impartial members, must be appointed by the Governor from time to time upon the expiration of the terms of the several members, for terms of 3 years. T…

Mediation procedures as provided by section 965, subsection 2, shall be followed whenever either party to a controversy requests such services and the Maine Labor Relations Board or its executive director finds that the dispute is subject to settlement through mediation and that …

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 selec…

The parties may agree to have any controversy that could be handled by the board under this subchapter directed to the board member selected to represent the public interests of the State or to one of the alternates from the same category. If the parties elect to use that board m…

The chair of the board or the chair's alternate may administer oaths and require by subpoena the attendance and testimony of witnesses and the production of books, records and other evidence relative or pertinent to the matter before the board. [RR 2023, c. 2, Pt. E, §40 (COR).] …

Except in cases in which the public welfare is involved, a minimum of 3 working days' notice shall be required before the board will convene. [PL 1985, c. 294, §§ 2 and 3 (NEW).] When the board has taken jurisdiction of a case where a dispute exists, it may, at its discretion, re…

Whenever it appears to the employer or employees concerned in a labor dispute, or when a strike or lockout is threatened, or actually occurs, the employer or employees concerned may request the services of the board. [RR 2023, c. 2, Pt. E, §41 (COR).] If, when the request or noti…

In cases of controversy, when conciliation, mediation or arbitration is refused by one of the parties or the board has determined that those processes have been or will be ineffective, either party may request the board to make inquiry. The application for inquiry may be signed b…

If the case cannot be settled through the process of conciliation, the interested parties may jointly submit the case to arbitration by filing an arbitration application with the Executive Director of the Maine Labor Relations Board. [PL 1985, c. 294, §§ 2, 3 (NEW).] The chair of…

The board may hear grievance arbitration matters referred to it pursuant to a collective bargaining agreement. It may hear any labor dispute jointly referred to it for resolution by arbitration by the representatives of management and labor. In cases of arbitration, the parties c…

If any employer, during the continuance of a strike among the employer's employees, or during the continuance of a lockout or other labor trouble among the employer's employees, publicly advertises in newspapers, or by posters or otherwise, for employees, or directly or through t…

Any information disclosed by either party to a dispute to the board or any of its members in carrying out this subchapter shall be confidential, except as may be provided otherwise in this subchapter.

A written provision in any collective bargaining contract to settle by arbitration a controversy thereafter arising out of such contract or out of the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy ari…

If any action or proceeding be brought in any court upon any issue or controversy referable to arbitration under a written provision in any collective bargaining contract or under an agreement in writing for submission to arbitration of an existing controversy arising out of such…

A party aggrieved by the alleged failure, neglect or refusal of another to arbitrate in accordance with any agreement embraced within section 951 may institute proceedings in the Superior Court. Such proceedings shall be for an order directing that such arbitration proceed in the…

If in the agreement provision is made for a method of naming or appointing an arbitrator or arbitrators or an umpire, that method must be followed; but if a method is not provided, or if a method is provided and any party to the agreement fails to follow that method, or if for an…

Any application to the court under this subchapter shall be made and heard in the manner provided by law for the making and hearing of motions, except as otherwise expressly provided.

The arbitrators selected either as prescribed in this subchapter or otherwise, or a majority of them, may summon in writing any person to attend before them, or any of them, as a witness and in a proper case to bring with that person any book, record, document or paper that may b…

If the parties in their collective bargaining contract or written submission agreement have agreed that a judgment of the court be entered upon the award made pursuant to the arbitration, and specify the court, then at any time within one year after the award is made any party to…

In any of the following cases the Superior Court in and for the county wherein the award was made may make an order vacating the award upon the application of any party to the arbitration: 1. Corruption, fraud or undue means. Where the award was procured by corruption, fraud or u…

The Superior Court in and for the county wherein the award was made may make an order modifying or correcting the award upon the application of any party to the arbitration where there was an evident material miscalculation of figures or an evident material mistake in the descrip…

This subchapter shall not apply to any provision or agreement relative to arbitration contained in a collective bargaining contract entered into prior to August 28, 1957, or after October 6, 1967, or to any agreement to submit to arbitration an existing controversy entered into p…

It is declared to be the public policy of this State and it is the purpose of this chapter to promote the improvement of the relationship between public employers and their employees by providing a uniform basis for recognizing the right of public employees to join labor organiza…

As used in this chapter the following terms shall, unless the context requires a different interpretation, have the following meanings. [PL 1969, c. 424, §1 (NEW).] 1. Board. "Board" means the Maine Labor Relations Board referred to in section 968. 2. Bargaining agent. "Bargainin…

A person may not directly or indirectly interfere with, intimidate, restrain, coerce or discriminate against a public employee or a group of public employees in the free exercise of their rights, given by this section, to voluntarily: [PL 2007, c. 415, §2 (RPR).] 1. Join a union.…

1. Public employer prohibitions. Public employers, their representatives and their agents are prohibited from: A. Interfering with, restraining or coercing employees in the exercise of the rights guaranteed in section 963; [PL 1969, c. 424, §1 (NEW).] B. Encouraging or discouragi…

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 discipli…

1. Negotiations. It is the obligation of the public employer and the bargaining agent to bargain collectively. "Collective bargaining" means, for the purposes of this chapter, their mutual obligation: A. To meet at reasonable times; [PL 1969, c. 424, §1 (NEW).] B. Except as provi…

1. Bargaining unit standards. 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 ot…

1. Voluntary recognition. Any public employee organization may file a request with a public employer alleging that a majority of the public employees in an appropriate bargaining unit wish to be represented for the purpose of collective bargaining between the public employer and …

1. Maine Labor Relations Board. The Maine Labor Relations Board, established by Title 5, section 12004‑B, subsection 2, consists of 3 members and 6 alternates appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over …