Chapter 240
H.P. 383 - L.D. 499
PART HH
Sec. HH-1. 2 MRSA §6, sub-§4, as amended by PL 2005, c. 405, Pt. D, §3, is further amended to read:
4. Range 88.
The salaries of the following state officials and employees are within salary range 88:
Director, Bureau of Employee Relations;
Director, Bureau of Air Quality;
Director, Bureau of Land and Water Quality;
Director, Bureau of Remediation and Waste Management;
Deputy Commissioner, Environmental Protection;
Director, Office of Consumer Credit Regulation;
Director, Office of Licensing and Registration;
Administrator, Office of Securities; and
Deputy Chief of the State Police.
Sec. HH-2. 5 MRSA §947-B, sub-§1, ¶C, as enacted by PL 1991, c. 780, Pt. Y, §37, is repealed.
Sec. HH-3. 5 MRSA §7031, 5th ¶, as enacted by PL 1985, c. 785, Pt. B, §38, is amended to read:
It is the intent of the Legislature to establish the Bureau of Human Resources as the civil service administrative organization of agency responsible for the administration of the human resources activities of State Government which and that shall act as a service organization to respond quickly and effectively to the needs of state employees and state agencies. It is also the intent of the Legislature that the Bureau of Human Resources operate flexibly to expedite the duties and responsibilities of state employees and state agencies. The primary goal of the Bureau of Human Resources shall be service to state employees and state agencies.
Sec. HH-4. 5 MRSA §7033, as enacted by PL 1985, c. 785, Pt. B, §38, is amended to read:
1. Goals and objectives.
The Bureau of Human Resources is established within the Department of Administration Administrative and Financial Services as the administrative agency for state civil service matters and as a service agency to state agencies and departments. In addition to any other goals and objectives established in this chapter, the Bureau of Human Resources shall strive to: A. Establish within State Government a high concern for state employees as people;
B. Provide managers with the skills and knowledge needed to manage people effectively with particular emphasis on "people soundness;"
C. Establish a civil service system that provides State Government with highly qualified and motivated employees;
D. Encourage state employees to realize their potential and thereby increase the quality of service;
E. Establish itself as a service agency to assist other agencies and departments of State Government to perform their duties in an efficient and quality manner;
F. Preserve the integrity of the civil service system; and
G. Establish a civil service system with sufficient flexibility to adopt new technologies, procedures and policies in order to respond quickly and effectively to the needs of state agencies and employees . ; and
H. Promote effective labor relations.
Sec. HH-5. 5 MRSA §7034, sub-§12 is enacted to read:
12. Represent departments, agencies and commissions.
Represent all departments, agencies and commissions of the Executive Branch, as directed by the Governor, pursuant to Title 26, section 979-A, et seq.
Sec. HH-6. 5 MRSA §7035, as amended by PL 1997, c. 632, §1 is further amended by inserting after the first paragraph a new paragraph to read:
The director may name a designee to conduct employee relations activities set forth in Title 26, chapter 9-B and other proceedings such as negotiations, mediation, fact-finding, arbitration, grievance proceedings, unemployment compensation proceedings, workers' compensation proceedings, human rights proceedings and other labor relations proceedings.
Sec. HH-7. 5 MRSA §7036, first ¶, as enacted by PL 1985, c. 785, Pt. B, §38, is amended to read:
The Director of Human Resources shall be responsible for the administration of this chapter. In carrying out his these duties and responsibilities, the director shall:
Sec. HH-8. 5 MRSA §7036, sub-§1-A is enacted to read:
1-A. Conduct employee relations activities.
Act as directed by the Governor, through the Commissioner of Administrative and Financial Services, to carry out all employee relations functions as set forth in Title 26, section 979-A, subsection 5, paragraphs A to G.
Sec. HH-9. 5 MRSA §7036, sub-§3, as amended by PL 1999, c. 668, §10, is repealed.
Sec. HH-10. 5 MRSA §7036, sub-§25, as amended by PL 1991, c. 780, Pt. Y, §95, is further amended to read:
25. Administer proactive state employee health and safety program.
Work with the Office of Employee Relations, other bureaus and departments and state employees and their representatives to establish policies and programs that minimize the risk of injury to and incidence of illness among state employees, to include the administration of a first aid and health service in the State House complex for state employees and State House visitors;
Sec. HH-11. 5 MRSA §7037, as enacted by PL 1985, c. 785, Pt. B, §38, is repealed.
Sec. HH-12. 5 MRSA §7070, sub-§4, as enacted by PL 1987, c. 673, §1, is amended to read:
4. Disclosure of certain information for grievance and other proceedings.
The Director of Human Resources may release to the Director of Employee Relations specific information designated confidential by this section which has been requested by the Director of Employee Relations to be used in negotiations, mediation, fact-finding, arbitration, grievance proceedings and other proceedings in which the Director of Employee Relations represents the State as defined in this subsection is a party. For the purpose of this subsection, "other proceedings" means unemployment compensation proceedings, workers' compensation proceedings, human rights proceedings and labor relations proceedings.Confidential information provided under this subsection to the Bureau of Employee Relations shall be governed by the following.
A. The information to be released shall be information only as necessary and directly related to the proceeding as determined by the Director of Human Resources.
B. The Director of Employee Relations shall specify in writing the confidential information required in the proceedings and the reasons explaining the need for the information, and shall provide a copy of the written request to the employee or employees.
C. The proceeding for which the confidential information is provided shall be private and not open to the public; or, if the proceeding is open to the public, the confidential information shall not be disclosed except exclusively in the presence of the fact finder, the parties and counsel of record, and the employee who is the subject of the proceeding and provisions are made to ensure that there is no public access to the confidential information.
The Director of Employee Relations State may use this confidential information in grievance proceedings and provide copies to the employee organization that is a party to the proceedings, provided the information is directly related to those proceedings as defined by the applicable collective bargaining agreement. Confidential personnel records in the possession of the Bureau of Employee Relations shall Human Resources may not be open to public inspection and shall may not be "public records," as defined in Title 1, section 402, subsection 3.
Sec. HH-13. 22 MRSA §3293, as enacted by PL 1987, c. 714, §2, is amended to read:
l. Disclosure to state employees.
Confidential information which that is relevant to a grievance or a disciplinary procedure within the department shall be provided to the affected employee and the employee's designated representative.
2. Disclosure to the Bureau of Human Resources.
Confidential information which that is relevant to a grievance or disciplinary procedure within the department shall must be provided to the Bureau of Employee Relations Human Resources in cases regarding state employment subject to the State Employee Labor Relations Act, Title 26, chapter 9-B, and to the Bureau of Human Resources for state employees not subject to Title 26, chapter 9-B, when the Bureau of Employee Relations or the Bureau of Human Resources become becomes involved in the grievance or disciplinary process, including appeals to an arbitrator or the Civil Service Appeals Board.
3. Procedures governed by contract.
If any other procedure relating to the use of confidential information in state employee personnel actions is governed by collective bargaining agreements, the collective bargaining agreements shall control, except as provided in section 3292.
Sec. HH-14. 26 MRSA §979-A, sub-§5, as amended by PL 1997, c. 741, §3 and affected by §12, is further amended to read:
5. Public employer.
"Public employer" means, with respect to the executive branch, all the departments, agencies and commissions of the executive branch of the State of Maine, represented by the Governor or the Governor's designee. In the furtherance of this chapter, the State is considered a single employer and employment relations, policies and practices throughout the state service must be as consistent as practicable. With respect to state employees, it is the responsibility of the executive branch to negotiate collective bargaining agreements and to administer such agreements. To coordinate the employer position in the negotiation of agreements, the Legislative Council or its designee shall maintain close liaison with the Governor or the Governor's designee representing the executive branch relative to the negotiation of cost items in any proposed agreement. The Governor is responsible for the employer functions of the executive branch under this chapter, and shall coordinate its collective bargaining activities with operating agencies on matters of agency concern. It is the responsibility of the legislative branch to act upon those portions of tentative agreements negotiated by the executive branch that require legislative action."Public employer" means, with respect to the legislative branch, all offices or agencies of the Legislature represented by the Legislative Council or its designee. With respect to legislative employees, the Legislative Council shall negotiate and administer collective bargaining agreements. The Legislative Council or its designee is responsible for the employer functions of the legislative branch under this chapter.
With respect to the executive branch, the Bureau of Employee Relations Human Resources, through the Commissioner of Administrative and Financial Services, shall act as directed by the Governor to:
A. Develop and execute employee relations' policies, objectives and strategies consistent with the overall objectives of the Governor;
B. Conduct negotiations with certified and recognized bargaining agents under applicable statutes;
C. Administer and interpret collective bargaining agreements, and coordinate and direct agency activities as necessary to promote consistent policies and practices;
D. Represent the State in all bargaining unit determinations, elections, prohibited practice complaints and any other proceedings growing out of employee relations and collective bargaining activities;
E. Coordinate the compilation of all data and information needed for the development and evaluation of employee relations' programs and in the conduct of negotiations;
F. Coordinate the State's resources as needed to represent the State in negotiations, mediation, fact-finding, arbitration and other proceedings; and
G. Provide staff advice on employee relations to the various departments and agencies of State Government, including providing for necessary supervisory and managerial training.
All state departments and agencies shall provide such assistance, services and information as required by the Governor's office, or the Bureau of Employee Relations Human Resources, and shall take such administrative or other action as may be necessary to implement and administer the provisions of any binding agreement between the State and employee organizations entered into under law.
Sec. HH-15. 26 MRSA §979-Q, as amended by PL 1987, c. 673, §2, is repealed.
Sec. HH-16. 37-B MRSA §394, sub-§5, as enacted by PL 2003, c. 646, §9, is amended to read:
5. Employee administration.
Notwithstanding the provisions of Title 26, section 979-A, subsection 5, the Governor shall direct the authority to develop and execute employee relations policies, conduct negotiations with certified and recognized bargaining agents for its employees and administer and interpret the collective bargaining agreements applying to the employees of the authority consistent with the overall objectives of the Governor. The Department of Administrative and Financial Services, Bureau of Employee Relations Human Resources shall assist and advise the Governor and the authority, in order to ensure compliance with state and federal labor and employment laws consistent with the overall objectives of the Governor. Employees of the authority are essential employees for the purpose of shutdown or furlough days imposed on employees of the State.
Sec. HH-17. Bureau of Employee Relations incorporated into Bureau of Human Resources. The Department of Administrative and Financial Services, Bureau of Employee Relations, as created and established by law, is incorporated into the Department of Administrative and Financial Services, Bureau of Human Resources and the responsibility and authority conferred upon the Bureau of Employee Relations and its predecessors are conferred upon the Bureau of Human Resources. The Bureau of Human Resources is the successor in every way to the powers, duties and functions of the Bureau of Employee Relations.
Sec. HH-18. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes the words "Bureau of Employee Relations" or "Director of Employee Relations" appear or reference is made to that entity or position or those words, those words are amended to read or mean, as appropriate, "Bureau of Human Resources" or "Director of Human Resources," and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.