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An Act To Facilitate a Statewide Teacher Contract
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §962, sub-§5-A  is enacted to read:
 
5-A.  Public education employee.     "Public education employee" means:
 
A.  Any employee of a public school who fills any position that the Department of Education requires be filled by a person who holds the appropriate certification or license required for that position and:
 
(1) Holds appropriate certification from the Department of Education, including an employee whose duties include, in addition to those for which certification is required, either the setup, maintenance or upgrading of a school computer system the use of which is to assist in introducing new learning to students or providing school faculty orientation and training related to use of the school computer system for educational purposes; or
 
(2) Holds an appropriate license issued to a professional employee by a licensing agency of the State; and
 
B.  Any employee of a public school who fills any position not included in paragraph A, the principal function of which is to introduce new learning to students, except that a coach who is employed by a public school and who is not otherwise covered by the definition of "public education employee" or an employee who is employed in adult education as defined in Title 20-A, section 8601-A, subsection 1 and who is not otherwise covered by the definition of "public education employee" may not be considered a public education employee for purposes of section 965.
 
"Public education employee" does not include any employee of a public school who fills a position that is required to be filled by a person holding a certificate pursuant to Title 20-A, section 13019-A, 13019-B or 13019-C.
Sec. 2.  26 MRSA §962, sub-§§8 and 9  are enacted to read:
 
8.  Public school.     "Public school" means:
 
A.  Any public school conducted within the State under the authority and supervision of a duly elected board of education, superintending school committee or school directors; and
 
B.  Public charter schools, as authorized by Title 20-A, chapter 112.
 
9.  State.     "State" means the State of Maine represented by the Governor or the Governor's authorized representative.
Sec. 3. 26 MRSA §965, sub-§1, ¶C, as amended by PL 2009, c. 107, §5, is further amended to read:
 
C. To confer and negotiate in good faith with respect to wages, hours, working conditions and contract grievance arbitration, except that by such obligation neither party may be compelled to agree to a proposal or be required to make a concession and except that public employers of teachers shall meet and consult but not negotiate with respect to educational policies; for the purpose of this paragraph, educational policies may not include wages, hours, working conditions or contract grievance arbitration. This paragraph does not apply to the negotiation of salary and benefits for public education employees;
Sec. 4.  26 MRSA §965, sub-§1-A  is enacted to read:
 
1-A.  Public education employees negotiation.     This subsection governs the negotiation of salary and benefits for public education employees.
 
A.  Notwithstanding any other provision of this section, solely for negotiation of salary and benefits for public education employees, the State is considered the public employer subject to all limitations and responsibilities provided in this chapter. It is the obligation of the State and the bargaining agent representing public education employees across the State to bargain collectively for salary and benefits for public education employees in accordance with this subsection. For the purposes of this subsection, "collective bargaining" means the mutual obligation of the State and the bargaining agent representing public education employees:
 
(1) To meet at reasonable times;
 
(2) To meet within 10 days after receipt of written notice from the other party requesting a meeting for collective bargaining purposes, as long as the parties have not otherwise agreed in a prior written contract;
 
(3) To execute in writing any agreements arrived at. The term of any such agreement is subject to negotiation but may not exceed 3 years;
 
(4) To participate in good faith in the mediation, fact-finding and arbitration procedures required by this section; and
 
(5) To confer and negotiate in good faith with respect to salary and benefits.
 
B.  Any cost item related to this subsection is the financial responsibility of the State. The cost item must be based upon student-staff ratios established by rule adopted by the Department of Education. Rules adopted pursuant to this paragraph are major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A.
 
A cost item related to this subsection must be submitted for inclusion in the Governor's next operating budget within 10 days after the date on which the agreement is ratified by the parties. If the Legislature rejects any of the cost items related to this subsection submitted to the Legislature, all cost items related to this subsection must be returned to the parties for further bargaining.
 
For purposes of this paragraph, "cost item" means any benefit acquired through collective bargaining the implementation of which requires an appropriation by the Legislature.
 
C.  Any organization representing public education employees may file a request with the State alleging that a majority of the public education employees across the State wish to be represented for the collective bargaining purposes of this subsection between the State and the organization. Such a 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. The State shall grant such a request for recognition unless the State desires an election, pursuant to section 967, subsection 2, to determine whether the organization represents a majority of the members in the bargaining unit.
 
D.  Aside from the negotiation of salary and benefits under this subsection, a public education employee remains an employee of the public employer.
 
E.  All other matters appropriate to collective bargaining must be negotiated pursuant to subsection 1 by the public employer and the bargaining agent determined under section 966.
 
This subsection does not prohibit the negotiation of salary and benefits in addition to what is negotiated between the State and the bargaining agent under this subsection.
Sec. 5. Funding plan. The Commissioner of Education shall develop a plan for funding the implementation of this Act, including how the funding will be incorporated in a new school funding formula for the 2019-2020 school year.
 
SUMMARY
This bill allows a public employer of teachers to designate the State as its representative in collective bargaining negotiations for the purpose of encouraging consistent teacher contracts statewide.