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An Act To Improve Public Sector Labor Relations
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §965, sub-§4, as amended by PL 1975, c. 564, §18, is further amended to read:
 
4. Arbitration.   In addition to the 30-day period referred to in subsection 3, the parties shall have 15 more days, making a total period of 45 days from the submission of findings and recommendations, in which to make a good faith effort to resolve their controversy.
 
If the parties have not resolved their controversy by the end of saidthe 45-day period, they may jointly agree to an arbitration procedure whichthat will result in a binding determination of their controversy. Such determinations will beare subject to review by the Superior Court in the manner specified by section 972.
 
If they do not jointly agree to such an arbitration procedure within 10 days after the end of saidthe 45-day period, then either party may, by written notice to the other, request that their differences be submitted to a board of 3 arbitrators. The bargaining agent and the public employer shall within 5 days of suchthe request each select and name one arbitrator and shall immediately thereafter notify each other in writing of the name and address of the person so selected. The 2 arbitrators so selected and named shall, within 10 days from suchthe request, agree upon and select and name a neutral arbitrator. If either party shalldoes not select its arbitrator or if the 2 arbitrators shall fail to agree upon, select and name a neutral arbitrator within saidthe 10 days, either party may request the American Arbitration Association to utilize its procedures for the selection of the neutral arbitrator. As soon as possible after receipt of suchthe request, the neutral arbitrator willmust be selected in accordance with rules and procedures prescribed by the American Arbitration Association for making such a selection. The neutral arbitrator so selected willmay not, without the consent of both parties, be the same person who was selected as mediator pursuant to subsection 2 nor any member of the fact-finding board selected pursuant to subsection 3. As soon as possible after the selection of the neutral arbitrator, the 3 arbitrators or if either party shallhas not have selected its arbitrator, the 2 arbitrators, as the case may be, shall meet with the parties or their representatives, or both, forthwith, either jointly or separately, make inquiries and investigations, hold hearings, or take such other steps as they deemdetermine appropriate. If the neutral arbitrator is selected by utilizing the procedures of the American Arbitration Association, the arbitration proceedings willmust be conducted in accordance with the rules and procedures of the American Arbitration Association. The hearing shallmust be informal, and the rules of evidence prevailing in judicial proceedings shallare not be binding. Any and all documentary evidence and other data deemeddetermined relevant by the arbitrators may be received in evidence. The arbitrators shall have the power to administer oaths and to require by subpoena the attendance and testimony of witnesses, the production of books, records and other evidence relative or pertinent to the issues represented to them for determination.
 
If the controversy is not resolved by the parties themselves, the arbitrators shall proceed as follows: With respect to a controversy over salaries, pensions and insurance, the arbitrators will recommend terms of settlement and may make findings of fact; such recommendations and findings will be advisory only and will be made, if reasonably possible, within 30 days after the selection of the neutral arbitrator; the arbitrators may in their discretion, make such recommendations and findings public, and either party may make such recommendations and findings public if agreement is not reached with respect to such findings and recommendations within 10 days after their receipt from the arbitrators; with respect to a controversy over all subjects other than salaries, pensions and insurance, the arbitrators shall make determinations with respect thereto if reasonably possible within 30 days after the selection of the neutral arbitrator; such determinations may be made public by the arbitrators or either party; and if made by a majority of the arbitrators, such determinations will beare binding on both parties and the parties willshall enter an agreement or take whatever other action that may be appropriate to carry out and effectuate such binding determinations; and such determinations will beare subject to review by the Superior Court in the manner specified by section 972. The results of all arbitration proceedings, recommendations and awards conducted under this section shallmust be filed with the Maine Labor Relations Board at the offices of its executive director simultaneously with the submission of the recommendations and award to the parties. In the event the parties settle their dispute during the arbitration proceeding, the arbitrator or the chairmanchair of the arbitration panel willshall submit a report of histhe arbitrator's or chair's activities to the Executive Director of the Maine Labor Relations Board not more than 5 days after the arbitration proceeding has terminated.
Sec. 2. 26 MRSA §979-D, sub-§4, ¶D, as enacted by PL 1973, c. 774, is amended to read:
 
D. With respect to controversies over salaries, pensions and insurance, the arbitrator willshall recommend terms of settlement and may make findings of fact. Such recommendations and findings shall beare advisory and shallare not be binding upon the parties. The determination by the arbitrator on all other issues shall beis final and binding on the parties.
Sec. 3. 26 MRSA §1026, sub-§4, ¶B, as amended by PL 1983, c. 153, §2, is further amended to read:
 
B. If the controversy is not resolved by the parties themselves, the arbitrators shall proceed as follows: With respect to a controversy over salaries, pensions and insurance, the arbitrators will recommend terms of settlement and may make findings of fact; such recommendations and findings will be advisory only and will be made, if reasonably possible, within 60 days after the selection of the neutral arbitrator. The arbitrators may in their discretion make such recommendations and findings public, and either party may make such recommendations and findings public if agreement is not reached with respect to such findings and recommendations within 10 days after their receipt from the arbitrators. Withwith respect to a controversy over all subjects other than salaries, pensions and insurance, the arbitrators shall make determinations with respect thereto if reasonably possible within 60 days after the selection of the neutral arbitrator. Such determinations may be made public by the arbitrators or either party and if made by a majority of the arbitrators, such determinations will beare binding on both parties and the parties willshall enter an agreement or take whatever other action that may be appropriate to carry out and effectuate such binding determinations, and such determinations will beare subject to review by the Superior Court in the manner specified by section 1033. The results of all arbitration proceedings, recommendations and awards conducted under this section shallmust be filed with the Maine Labor Relations Board at the offices of its executive director simultaneously with the submission of the recommendations and award to the parties. In the event the parties settle their dispute during the arbitration proceeding, the arbitrator or the chairmanchair of the arbitration panel willshall submit a report of histhe arbitrator's or chair's activities to the Executive Director of the Maine Labor Relations Board not more than 5 days after the arbitration proceeding has terminated.
Sec. 4. 26 MRSA §1285, sub-§4, as enacted by PL 1983, c. 702, is amended to read:
 
4. Arbitration.  
 
A. In addition to the 30-day period referred to in subsection 3, the parties shall have 15 more days, making a total of 45 days from the submission of findings and recommendations, in which to make a good faith effort to resolve their controversy.
 
B. If the parties have not resolved their controversy by the end of that 45-day period, either party may petition the board to initiate compulsory final and binding arbitration of the negotiations' impasse. On receipt of the petition, the executive director of the board shall investigate to determine if an impasse has been reached. If hethe executive director so determines, hethe executive director shall issue an order requiring arbitration and requesting the parties to select one or more arbitrators. If the parties, within 10 days after the issuance of the order, have not selected an arbitrator or an arbitration panel, the board shall then order each party to select one arbitrator and, if these 2 arbitrators cannot in 5 days select a 3rd neutral arbitrator, the board shall submit a list from which the parties may alternately strike names until a single name is left, who shallmust be appointed by the board as arbitrator. In reaching a decision under this paragraph, the arbitrator shall consider the following factors:
 
(1) The interests and welfare of the public and the financial ability of State Government to finance the cost items proposed by each party to the impasse;
 
(2) Comparison of the wages, hours and working conditions of the employees involved in the arbitration proceeding with the wages, hours and working conditions of other employees performing similar services in the executive and legislative branches of government and in public and private employment in other jurisdictions competing in the same labor market;
 
(3) The overall compensation presently received by the employees, including direct wage compensation, vacation, holidays and excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received;
 
(4) Such other factors not confined to the foregoing, which are normally and traditionally taken into consideration in the determination of wages, hours and working conditions through voluntary collective bargaining, mediation, fact-finding, arbitration or otherwise between the parties, in the public service or in private employment, including the average Consumer Price Index;
 
(5) The need of the Judicial Department for qualified employees;
 
(6) Conditions of employment in similar occupations outside State Government;
 
(7) The need to maintain appropriate relationships between different occupations in the Judicial Department; and
 
(8) The need to establish fair and reasonable conditions in relation to job qualifications and responsibilities.
 
With respect to controversies over salaries, pensions and insurance, the arbitrator shall recommend terms of settlement and may make findings of fact. The recommendations and findings shall beare advisory and shallare not be binding upon the parties. The determination by the arbitrator on all other issues shall beis final and binding on the parties.
 
Any hearing shallmust be informal and the rules of evidence for judicial proceedings shallare not be binding. Any documentary evidence and other information deemeddetermined relevant by the arbitrator may be received in evidence. The arbitrator may administer oaths and require by subpoena attendance and testimony of witnesses and production of books and records and other evidence relating to the issues presented. The arbitrator shall havehas a period of 30 days from the termination of the hearing in which to submit hisa report to the parties and to the board, unless that time limitation is extended by the executive director.
Sec. 5. 26 MRSA §1285, sub-§5, ¶E, as enacted by PL 1983, c. 702, is amended to read:
 
E. In reaching a decision, the mediator-arbitrator shall consider the factors specified in section 1285, subsection 4. With respect to controversies over salaries, pensions and insurance, the mediator-arbitrator shall recommend terms of settlement and may make findings of fact. Such recommendations and findings shall beare advisory and shallare not be binding on the parties. The determination of the mediator-arbitrator on all other issues shall beis final and binding on the parties.
 
SUMMARY
This bill:
1. Amends the labor relations laws governing municipal public employees and University of Maine System employees to provide that determinations by arbitrators with respect to controversies over all subjects, including salaries, pensions and insurance, are final and binding on the parties;
2. Amends the labor relations laws governing state employees to provide that, with respect to controversies over salaries, an arbitrator's determinations are final and binding on the parties; and
3. Amends the labor relations laws governing judicial employees to provide that an arbitrator's determinations with respect to controversies over all subjects, including salaries, pensions and insurance, are final and binding on the parties and that, with respect to controversies over salaries, determinations by mediator-arbitrators are final and binding on the parties.