§ 26 §965 — Obligation to bargain

1.
Negotiations.
It is the obligation of the public employer and the bargaining agent to bargain collectively. "Collective bargaining" means, for the purposes of this chapter, their mutual obligation:
1-A.
Meet and consult.
The obligation of public employers of teachers and the bargaining agent to meet and consult under subsection 1, paragraph C is governed by this subsection.
2.
Mediation.
3.
Fact-finding.
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.
5.
Costs.
The costs for the services of the mediator, the members of the fact-finding board and of the neutral 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 or 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.
6.
Arbitration administration.
The cost for services rendered and expenses incurred by the State Board of Arbitration and Conciliation, as defined in section 931, and any 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 1969, c. 424, §1 (NEW). PL 1969, c. 578, §§2-A,2-B (AMD). PL 1971, c. 609, §3 (AMD). PL 1973, c. 458, §§4-8 (AMD). PL 1973, c. 617, §2 (AMD). PL 1973, c. 788, §119 (AMD). PL 1975, c. 361, §§1,2 (AMD). PL 1975, c. 564, §§13-19 (AMD). PL 1975, c. 623, §§37-E (AMD). PL 1975, c. 717, §6 (AMD). PL 1975, c. 771, §280 (AMD). PL 1977, c. 696, §204 (AMD). PL 1979, c. 541, §A170 (AMD). PL 1981, c. 137, §2 (AMD). PL 1985, c. 46 (AMD). PL 1987, c. 468, §§2,4 (AMD). PL 1987, c. 786, §19 (AMD). PL 1989, c. 502, §A108 (AMD). PL 1991, c. 92, §2 (AMD). PL 1991, c. 622, §§O4-6 (AMD). PL 1991, c. 798, §§4,5 (AMD). RR 1995, c. 2, §61 (COR). PL 1997, c. 412, §2 (AMD). PL 2001, c. 92, §§1,2 (AMD). PL 2009, c. 107, §5 (AMD). PL 2013, c. 553, §1 (AMD). PL 2019, c. 240, §1 (AMD). PL 2021, c. 96, §§1, 2 (AMD). PL 2021, c. 752, §§1, 2 (AMD). PL 2023, c. 95, §1 (AMD). RR 2023, c. 2, Pt. E, §§51-53 (COR).