LD 1282
pg. 3
Page 2 of 4 An Act To Amend the Laws Governing Agricultural Marketing and Bargaining Page 4 of 4
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LR 357
Item 1

 
mutually agreed on a mediator and on sharing the costs of
mediation or shall must have notified the board that the
services of the State's Panel of Mediators will be needed. If
services of the State's Panel of Mediators are used, the parties
shall share all costs of mediation equally. Mediation shall may
not continue for no more than 3 consecutive days for annual
crops; all other commodities shall may not last no more than 5
days, unless the mediator earlier declares that resolution by
mediation is not possible. Mediation may be extended by mutual
agreement by the bargaining parties. At the end of the
mediation period or upon the mediator's earlier declaration, the
mediator shall promptly prepare a report specifying all
agreements reached in mediation and recommending that the
parties either resume bargaining as to all matters remaining in
dispute for a period of time not to exceed 2 days or that the
parties submit all matters remaining in dispute to arbitration.
The parties shall proceed according to the mediator's
recommendation. If the parties are to resume bargaining, that
bargaining shall must commence on the day after the day on which
the mediator makes his the recommendation. Any matters
remaining in dispute at the end of the specified bargaining
period shall must be submitted to arbitration.

 
Sec. 5. 13 MRSA §1958-B, sub-§5, ¶¶A and D, as repealed and replaced by
PL 1989, c. 703, §2, are amended to read:

 
A. For all matters submitted to arbitration, the
arbitrator shall choose between issue a decision that
resolves the matter or matters in a manner that is equal
to or within the parameters of either of the final offers
of the parties. If the parties reach an agreement on the
matters under arbitration before the arbitrator issues a
decision, they may submit a joint final offer that the
arbitrator shall accept and render as the decision. The
arbitrator may hold hearings and administer oaths, examine
witnesses and documents, take testimony and receive
evidence, and issue subpoenas to compel the attendance of
witnesses and the production of records. A person who
fails to obey the subpoena of an arbitrator may be
punished for contempt of court on application by the
arbitrator to the Superior Court for the county in which
the failure occurs. The arbitrator may utilize other
information in addition to that provided by or elicited
from the parties. The arbitrator shall issue a decision
within 10 days of the commencement of arbitration and that
decision shall be is binding on the parties. If the
parties reach an agreement on the matters in the
arbitrator's decision prior to signing the contract, they
may submit a joint final offer to the arbitrator. The
arbitrator shall rescind the previous decision and accept
and render the joint final offer as the decision.


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