LD 1369
pg. 35
Page 34 of 49 An Act To Establish the Maine Community College System Page 36 of 49
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LR 2033
Item 1

 
number of votes. When an organization receives the majority
of votes of those voting, the executive director shall
certify it as the bargaining agent. The bargaining agent
certified as representing a bargaining unit shall must be
recognized by the university, academy or technical
community colleges as the sole and exclusive bargaining
agent for all of the employees in the bargaining unit
unless and until a decertification election by secret
ballot shall be is held and the bargaining agent declared
by the executive director as not representing a majority of
the unit.

 
C. Whenever 30% of the employees in a bargaining unit
petition for a bargaining agent to be decertified, the
procedures for conducting an election on the question
shall be are the same as for representation as bargaining
agent hereinbefore set forth.

 
D. No question concerning representation may be raised
within one year of a certification or attempted
certification. Where there is a valid collective
bargaining agreement in effect, no question concerning
unit or representation may be raised except during the
period not more than 90 nor less than 60 days prior to the
expiration date of the agreement.

 
E. The bargaining agent certified by the executive
director or a designee as the exclusive bargaining agent
for a unit is required to represent all the university,
academy or technical community college employees within
the unit without regard to membership in the organization
certified as bargaining agent, except that any university,
academy or technical community college employee may
present at any time that employee's grievance to the
employer and have that grievance adjusted without the
intervention of the bargaining agent, if the adjustment is
not inconsistent with the terms of any collective
bargaining agreement then in effect and the bargaining
agent's representative has been given reasonable
opportunity to be present at any meeting of the parties
called for the resolution of that grievance.

 
Sec. 99. 26 MRSA §1026, sub-§1, as amended by PL 1993, c. 84, §1, is
further amended to read:

 
1. Negotiations. It is the obligation of the university,
academy, technical community college or state schools for
practical nursing and the bargaining agent to bargain
collectively. "Collective bargaining" means, for the purpose
of this chapter, their mutual obligation:

 
A. To meet at reasonable times;


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