Title 26

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1983, c. 702 (NEW).] 1. Bargaining agent. "Bargaining agent" means any lawful organization, association or individual representative of such an organization or as…

A person may not directly or indirectly interfere with, intimidate, restrain, coerce or discriminate against a judicial employee or a group of judicial employees in the free exercise of their rights, given by this section, to voluntarily: [PL 2007, c. 415, §15 (RPR).] 1. Join a u…

If the public employer requires a judicial employee to complete a probationary period, that judicial employee may be dismissed, suspended or otherwise disciplined without cause during that probationary period. Dismissal, suspension or any other disciplinary action against a judic…

1. Public employer prohibitions. The public employer, its representatives and agents are prohibited from: A. Interfering with, restraining or coercing employees in the exercise of the rights guaranteed in section 1283; [PL 1983, c. 702 (NEW).] B. Encouraging or discouraging membe…

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. On and after the effective date of this chapter, it shall be the obligation of the public employer and the bargaining agent to bargain collectively. "Collective bargaining" means, for the purpose of this chapter, their mutual obligation: A. To meet at reasonable …

1. Unit determination. In the event of a dispute between the public employer and an employee or employees over the appropriateness of a unit for purposes of collective bargaining or between the public employer and an employee or employees over whether a supervisory or other posit…

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 employe…

1. Rule-making procedure. Proceedings conducted under this chapter shall be subject to the rules and procedures of the board promulgated under section 968, subsection 3. 2. Review of representation proceedings. Any person aggrieved by any ruling or determination of the executive …

1. Prevention of prohibited acts; board powers. The board may prevent any person, the public employer, any judicial employee, any judicial employee organization or any bargaining agent from engaging in any of the prohibited acts enumerated in section 1284. This power shall not be…

1. Hearings; rules of evidence; evidence. Hearings conducted by the board shall be informal and the rules of evidence prevailing in judicial proceedings shall not be binding. Any and all documentary evidence and other evidence deemed relevant by the board may be received. 2. Subp…

A collective bargaining agreement between the public employer and a bargaining agent may provide for binding arbitration as the final step of a grievance procedure, but the only grievances which may be taken to such binding arbitration shall be disputes between the parties as to …

1. Review by Superior Court. Either party may seek a review by the Superior Court of a binding determination by an arbitration panel. For interest arbitrations, the review must be sought in accordance with the Maine Rules of Civil Procedure, Rule 80B. 2. Questions of fact. In the…

1. Separability. If any clause, sentence, paragraph or part of this chapter, or the application thereof to any person or circumstances, shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the …

This Act shall not be amended without first consulting the Supreme Judicial Court.

1. Bargaining agent access to employees. Public employers shall provide to a bargaining agent access to members of the bargaining unit that the bargaining agent exclusively represents. Access must include, but is not limited to, the following: A. The right to meet with individual…

During the interim after the expiration of a collective bargaining agreement and before the effective date of any subsequent collective bargaining agreement, judicial employees covered by the expired collective bargaining agreement remain eligible for and must receive merit or st…

The State, counties, cities and towns and every charitable or educational institution that is supported in whole or in part by aid granted by the State or by any municipality shall, in the awarding of contracts for constructing, altering, repairing, furnishing or equipping its bu…

Every municipality calling for such bids shall enter proposals and bids upon its books, showing the name and residence of each bidder, and the amount and terms of each bid, and to whom the work or contract was awarded. The same shall be open to the inspection of the Governor.

In the employment of laborers in the construction of public works, including state highways, or an assisted project by the State or by persons contracting for the construction, preference must first be given to citizens of the State who are qualified to perform the work to which …

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2011, c. 463, §1 (RPR).] 1. Board. "Board" means the Minimum Wage Rate on Construction Projects Board as constituted in sections 1304 to 1313. 1-A. Assisted proje…

It is declared to be the policy of the State that a wage of no less than the prevailing hourly rate of wages and benefits for work of a similar character in this State must be paid to all workers employed in the construction of public works or assisted projects.

The public authority shall, before advertising for bids for a public contract, ascertain from the Director of the Bureau of Labor Standards the fair minimum rate of wages and benefits to be paid by the successful bidder to the laborers, workers or mechanics employed in the perfor…

1. Wages and benefits. Beginning January 1, 2023, a contractor or subcontractor working on an assisted project shall pay all construction workers working on the assisted project no less than the prevailing rate for wages and benefits, as determined by the bureau as set forth in t…

The Director of the Bureau of Labor Standards shall form an informal, ad hoc advisory board to advise the director with respect to issues relating to wage rates on construction projects. In forming this advisory board, the director shall select a person from labor engaged in the …

1. Determination of wage and benefits rates. The Bureau of Labor Standards shall investigate and determine the prevailing hourly wage and benefits rate paid in the construction industry in this State. To determine the prevailing hourly wage and benefits rate, the bureau shall: A.…

In all cases when a fair minimum wage and benefits have been established, the contract between the public authority and the successful bidder must contain a provision requiring the successful bidder and all subcontractors of the successful bidder to pay a rate or rates of wages a…

A clearly legible statement of all fair minimum wage and benefits rates to be paid the several classes of laborers, workers and mechanics employed on the construction on the public work must be kept posted in a prominent and easily accessible place at the site by each contractor …

The contractor and each subcontractor in charge of the construction of a public work or assisted project shall keep an accurate record showing the names and occupation of all laborers, workers and mechanics employed by them and all independent contractors working under contract w…

1. Violation by contractor or subcontractor. Except as provided in section 1308, subsection 1‑A, any contractor or subcontractor who willfully and knowingly violates sections 1304 to 1313 and 1317 is subject to a forfeiture of not less than $250. 2. Employees' remedies. Any labor…

Sections 1304 to 1313 apply only to contracts for construction on public works let after January 1, 1968 and to construction on public works for which there has been determined the fair minimum wage and benefits rates as provided in sections 1304 to 1313 and that determination ha…

1. Certain federal funds. Whenever a public works construction is built in whole or in part using federal funds and is under the jurisdiction of the federal Davis-Bacon Act or other federal act that requires the United States Secretary of Labor to establish the minimum wage and b…

The Bureau of Labor Standards may exchange wage and benefits finding information with the United States Department of Labor when the Secretary of Labor is required to establish the minimum wage and benefits rates as defined in section 1314.

A contractor or subcontractor employing craft workers in the construction of public works shall require mandatory safety training for all craft workers in accordance with the requirements of this section. [PL 2021, c. 465, §4 (NEW).] 1. Mandatory safety training. A contractor or …

1. Establishment. There is created and established the Department of Labor, referred to in this chapter as the "department," to achieve the most effective utilization of the employment and training resources in the State by developing and maintaining an accountable state employme…

The Commissioner of Labor is entitled to receive a fixed weekly salary in accordance with Title 2, section 6, and must be paid from the administrative funds of the Bureau of Employment Services, the Bureau of Unemployment Compensation, the Bureau of Labor Standards, the Bureau of…

1. Division established. There is established within the department the Division of Administrative Hearings, referred to in this section as "the division," to hear and decide appeals from decisions pertaining to chapters 7 and 13 and any other appeals as the commissioner may requ…

1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meaning. A. "Repeated violation" means a violation of any legal requirement under the United States Code, Title 29, Chapter 15, where a previous violation of th…

1. Nondisplacement of existing employees; nonavailability for layoff replacement; noninfringement on promotional opportunities or collective bargaining agreements; labor disputes. A participant who is required to work as a condition of receiving public assistance may not be emplo…

The department, to the extent possible within available resources, shall establish a migrant and immigrant worker assistance outreach project to assist migrant and immigrant workers in the State. The project shall coordinate with employers, employees, labor unions, nonprofit agen…

By July 1, 2013 and biennially thereafter, the department shall calculate the livable wage and develop a basic needs budget for households in this State based on, at a minimum, a 2-parent household with 2 earners and 2 children representative family size, but only if funding has …

The department shall establish and maintain a database of the names of civilian federal firefighters who have been displaced by a layoff or reduction in force at or closure of a federal installation in this State, including, but not limited to, a naval shipyard, a military base o…

This article may be known and cited as the "Rehabilitation Act."

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 560, Pt. F, §13 (NEW).] 1. Community rehabilitation program. "Community rehabilitation program" means a program that provides directly or facilitates the…

There is created within the department a functional unit of rehabilitation services, which is equal in administrative level and status with the other major administrative units within the department.

The department is the designated state agency established as the sole state agency to provide rehabilitation services, including but not limited to vocational rehabilitation services, and to provide evaluation and vocational services for purposes of the federal Rehabilitation Act…