Sec. 1. 39-A MRSA §151, sub-§5, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended to read:

5. Voting requirements. The board may take action only by majority vote of its membership. Decisions regarding the employment of an executive director and the appointment and retention of hearing officers require the affirmative votes of at least 2 board members representing management and at least 2 board members representing labor.

Sec. 2. 39-A MRSA §152, sub-§3, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended to read:

3. Employment of executive director. The board shall employ an executive director who shall conduct the day-to-day operations of the board in accordance with policies established by the board and otherwise implement board policy. Except as otherwise provided, the executive director shall, at the direction of the board, hire personnel as necessary to administer this Act, subject to the Civil Service Law, including hearing officers and mediators. The executive director is an unclassified employee serving at the pleasure of the board.

Sec. 3. 39-A MRSA §152, sub-§5, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is repealed.

Sec. 4. 39-A MRSA §152-A is enacted to read:

§152-A.__Employment of and contracts with hearing officers and

mediators.

The executive director shall obtain the services of persons qualified by background and training to serve as hearing officers, who are authorized to take action and enter orders consistent with this Act in all cases assigned to them by the board, and mediators. The executive director has discretion to obtain, on behalf of the board, the services of hearing officers and mediators by either of the 2 following methods:

1.__Contract.__The executive director, on behalf of the board, may contract for the services of hearing officers and mediators, in which case they must be paid reasonable per diem fees for their services plus reimbursement of their actual, necessary and reasonable expenses incurred in the performance of their duties, consistent with policies established by the board; or