§ 26 §1285 — Obligation to bargain; methods of resolving disputes

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:
2.
Mediation.
3.
Fact-finding.
4.
Arbitration.
5.
Mediation-arbitration.
6.
Reports of arbitration.
The results of all arbitration and mediation-arbitration proceedings, recommendations and awards conducted under this section must be filed with the board at the offices of its executive director simultaneously with the submissions of the recommendations and award to the parties. In the event the parties settle their dispute during the arbitration or mediation-arbitration proceeding, the arbitrator, the chair of the arbitration panel or the mediator-arbitrator shall submit a report of the arbitrator's, the chair's or the mediator-arbitrator's activities to the executive director not more than 5 days after the proceeding has terminated.
7.
Costs.
The costs for the services of the mediator, the members of the fact-finding board, the neutral arbitrator and the mediator-arbitrator, including, if any, per diem expenses, and actual and necessary travel and subsistence expenses and the costs of hiring the premises where any mediation, fact-finding, arbitration or mediation-arbitration proceedings are conducted, must be shared equally by the parties to the proceedings. All other costs must be assumed by the party incurring them.
8.
Arbitration administration.
The cost of services rendered and expenses incurred by the State Board of Arbitration and Conciliation, as defined in section 931, and any applicable state cost 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 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. 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 1983, c. 702 (NEW). PL 1989, c. 502, §A111 (AMD). PL 1989, c. 596, §N6 (AMD). PL 1991, c. 622, §§O12,13 (AMD). PL 1991, c. 798, §8 (AMD). PL 2021, c. 553, §19 (AMD). PL 2021, c. 601, §10 (AMD). RR 2021, c. 2, Pt. A, §§93, 94 (COR). PL 2023, c. 405, Pt. A, §101 (AMD). RR 2023, c. 2, Pt. E, §§122-126 (COR).