§ 26 §1026 — Obligation to bargain

1.
Negotiations.
It is the obligation of the university, academy, community college or state schools for practical nursing and the bargaining agent to bargain collectively. "Collective bargaining" means, for the purpose of this chapter, their mutual obligation:
1-A.
Additional bargaining; community college employees.
Cost items in any collective bargaining agreement of community college employees 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 submitted to it, all cost items submitted must be returned to the parties for further bargaining. "Cost items" includes salaries, pensions and insurance.
2.
Mediation.
3.
Fact-finding.
4.
Arbitration.
5.
Costs.
The following costs must be shared equally by the parties to the proceedings: the costs of the fact-finding board, including, if any, per diem expenses and actual and necessary travel and subsistence expenses; the costs of the neutral arbitrator or arbitrators, including, if any, per diem expenses and actual and necessary travel and subsistence expenses; the costs of the Federal Mediation and Conciliation Service or the American Arbitration Association; and the costs of hiring the premises where any fact-finding or arbitration proceedings are conducted. All other costs must be assumed by the party incurring them. The services of the Panel of Mediators and 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 members of the Panel of Mediators and the State Board of Arbitration and Conciliation is the responsibility of the executive director. 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 or the mediator is assigned. 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 provision 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 provision 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.

Legislative History

PL 1975, c. 564, §38 (AMD). PL 1975, c. 603, §1 (NEW). PL 1975, c. 671, §§11-16 (AMD). PL 1975, c. 717, §7 (AMD). PL 1977, c. 581, §§10-13 (AMD). PL 1979, c. 501, §4 (AMD). PL 1983, c. 127 (AMD). PL 1983, c. 153, §§1,2 (AMD). PL 1985, c. 6 (AMD). PL 1985, c. 497, §§11,12 (AMD). PL 1985, c. 506, §§B26,27 (AMD). PL 1985, c. 737, §§A65,66 (AMD). PL 1989, c. 443, §§69,70 (AMD). PL 1989, c. 596, §N5 (AMD). PL 1989, c. 878, §A71 (AMD). PL 1991, c. 622, §O11 (AMD). PL 1991, c. 798, §7 (AMD). PL 1993, c. 84, §1 (AMD). PL 1999, c. 16, §F1 (AMD). PL 2001, c. 559, §JJ1 (AMD). PL 2003, c. 20, §OO2 (AMD). PL 2003, c. 20, §OO4 (AFF). PL 2003, c. 76, §2 (AMD). PL 2003, c. 76, §4 (AFF). RR 2009, c. 2, §76 (COR). RR 2023, c. 2, Pt. E, §68 (COR).