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court that such additional evidence is material and that | | there were reasonable grounds for the failure to adduce | | such evidence in the hearing before the board, the court | | may order such additional evidence to be taken before the | | board and to be made a part of the record. The board may | | modify its findings as to the facts, or make new findings, | | by reason of additional evidence so taken and filed.__The | | board shall file any modified or new findings, which | | findings with respect to questions of fact if supported by | | substantial evidence on the record considered as a whole | | are conclusive, and shall file its recommendations, if any, | | for the modification or setting aside of its original | | order. |
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| | | 2.__Stay.__The provisions of Title 5, section 11004 govern | | any application for a stay of an order of the board. |
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| | | 3.__Violation of chapter; fines.__A person who violates this | | chapter commits a civil violation for which a fine of not more | | than $5,000 may be imposed.__The board may seek fines for | | violation of this chapter in an action to enforce an order or | | in a separate action.__If the violation is a refusal to | | bargain in good faith under section 1356 or 1358 or an unfair | | practice under section 1359, each day that such conduct occurs | | constitutes a separate violation.__If the court imposes a fine | | against a qualified bargaining association for committing a | | violation under section 1356, 1358 or 1359 and that the | | association is unable to pay the fine, the court shall instead | | issue an order suspending for one year the association's | | rights as a qualified bargaining association under this | | chapter. |
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| | | Notwithstanding any law to the contrary, the activities of | | qualified bargaining associations and forest landowners in | | bargaining with respect to the price and other terms for | | hauling or harvesting services performed under contract by the | | members of such qualified bargaining associations do not | | violate antitrust laws of this State.__ This chapter does not | | permit forest landowners to contract, combine or conspire with | | one another in bargaining with qualified bargaining | | associations. |
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| | | This bill enacts the Forest Products Harvesters and Haulers | | Collective Bargaining Act. It allows individual forest | | products harvesters and haulers to join together to bargain | | with forest landowners over the prices and other terms of | | contracts for harvesting and hauling trees in Maine forests. | | It requires a forest landowner to bargain in good faith with | | such an |
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