CHAPTER 92
H.P. 392 - L.D. 513
An Act to Permit Grievance Mediation by the Panel of Mediators
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this Act provides options for earlier and more efficient resolution of disputes among public sector employers and employees; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §965, sub-§2, ¶B, as amended by PL 1975, c. 564, §13, is further amended to read:
B. Mediation procedures shall must be followed whenever either party to a controversy requests such services prior to arbitration, or, in the case of disputes affecting public employers, public employees or their respective representatives as defined, whenever requested by either party prior to arbitration or at any time on motion of the Maine Labor Relations Board or its executive director. Requests for grievance mediation are handled in accordance with paragraph F.
Sec. 2. 26 MRSA §965, sub-§2, ¶F, as repealed and replaced by PL 1973, c. 617, §2, is repealed and the following enacted in its place:
F. The services of the Panel of Mediators must be provided for grievance mediation only when the parties jointly agree to request grievance mediation services. Notwithstanding this option, neither party is obligated under subsection 1 to bargain over the inclusion of grievance mediation procedures in a collective bargaining agreement. The services of the Panel of Mediators are always available as a technique for impasse resolution in contract negotiations and may be invoked as described in paragraph B.
Sec. 3. Allocation. The following funds are allocated from Other Special Revenue funds to carry out the purposes of this Act.
2001-02 2002-03
LABOR, DEPARTMENT OF
Labor Relations Board
Personal Services $3,500 $3,500
All Other 1,500 1,500
Provides funds for the provision of services rendered by the Panel of Mediators on behalf of public employers and bargaining agents regarding grievance mediation.
DEPARTMENT OF LABOR ____________ ____________
TOTAL $5,000 $5,000
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective May 8, 2001.
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