Vote Smart's Synopsis:

Vote to override a veto of a bill that authorizes farm workers to bargain collectively.

Highlights:

• Defines a “bargaining agent” as a lawful organization or association that provides representation to any employees in their employment relations (Sec. 3702).

• Requires a bargaining agent to represent all employees regardless of whether they are an organization member (Sec. 3707).

• Prohibits agricultural employers from the following (Sec. 3704):

• Interfere with, restrain, or coerce employees in the exercise of their guaranteed rights;

• Encourage or discourage the membership of any employee organization by discrimination in respect to employment tenure or hiring;

• Interfere with or dominate the formation, existence, or administration of any employee organization;

• Discharge or discriminate against an employee for signing an affidavit, petition, or complaint under these regulations;

• Refusal to bargain collectively with the employee’s bargaining agent;

• Blacklist any employee organization or its members in order to deny them employment;

• Requirement of any employee to join a union; and

• Termination or discipline of an employee for unpaid union dues or fees. 

• Prohibits agricultural employees and employee organizations from the following (Sec. 3704):

• Interfere, restrain, or coerce employees in the exercise of their guaranteed rights;

• Refusal of collective bargaining with an employer; and

• The causing or attempt to cause an employer to pay for services not performed. 

• Requires that both employers and the bargaining agent for employees participate in collective bargaining (Sec. 3705).

• Specifies the requirements for collective bargaining are as follows, but are not limited to (Sec. 3705):

• Meet at reasonable times;

• Meet within 10 days of written notice

• Confer and negotiate in good faith in regard to wages, hours, and other employment terms and conditions;

• Any agreements made must be in writing; and

• Participation in good faith in the mediation and arbitration procedures. 

• Specifies that following the initial certification, the board has no earlier than 90 days nor later than 60 days preceding the yearlong expiration period to determine if an employer bargained in good faith (Sec. 3705).

• Specifies the requirements for the governing of mediation between employer and employee are as follows, but are not limited to (Sec. 3705):

• The obligation of the State to provide full and adequate facilities to conduct dispute resolution;

• If either party requests mediation, all procedures must be followed before arbitration or upon any motion of the board; and

• The party involved in collective bargaining must give a written notification to the executive director at least 30 days in advance of a contract expiring, the participation in a first contract negotiation between employer and employee, or when a dispute transpires that impacts the ability to work.

• Authorizes the implementation of final and binding arbitration for unresolved issues if there is no contract agreement reached after 90 days from the date of their first meeting (Sec. 3705). 

• Specifies that once the petition is obtained, an order requiring arbitration and requesting both parties select an arbitrator will be issued by the executive director to form an arbitration panel (Sec. 3705).

• Requires the arbitration panel consider, but is not limited to, the following (Sec. 3705):

• Comparison of wages, hours, and working conditions in respect to the employees involved in arbitration and individuals performing similar services in other jurisdictions or in private employment;

• Overall compensation, such as any direct wage compensation, vacation, insurance, etc., given to the employees;

• Any additional factors that are commonly considered or should be considered in an employment dispute situation; and

• The establishment of fair and reasonable conditions in relation to the job qualifications and responsibilities.

• Specifies that all determinations made by the panel are final and binding for both parties (Sec. 3705).

• Requires that both parties equally split the expenses of the following (Sec. 3705):

• The overall cost for the mediation and arbitration;

• The price of all services rendered and expenses incurred by the State Board of Arbitration and Conciliation; and

• Any charges by the state cost allocation program.

• Prohibits the termination or modification of a contract during collective bargaining unless the party requesting changes meet the following (Sec. 3705):

• Written notice of proposed contract changes is given to the other party at least 60-days prior to the expiration date of the contract;

• The offer to meet and confer with the other party to negotiate a new or modified contract;

• Notification given to the board within 30-days after notice of a dispute; and 

• The continuation of the contract, without a strike or lockout, for a 60-day period after filing a notice or until the contract expires.

• Authorizes the executive director to follow the required measurements in order to decide the appropriateness of a bargaining unit for the purpose of collective bargaining (Sec. 3706). 

• Specifies that an employee organization can file a request with the employer claiming that a majority of the employees want to be represented in collective bargaining between the employer and employee organization (Sec. 3706).

• Authorizes the administration of a secret ballot election to determine if the organization represents a majority of bargaining unit members if they receive a petition signed by at least 30 percent of the total employees (Sec. 3707).

• Requires the executive director certifies the organization as a bargaining agent upon receiving the majority of votes (Sec. 3707). 

• Specifies that an agricultural employer, employee, employee organization, or bargaining agent may file a complaint with the executive director regarding any engagements in prohibited practices (Sec. 3709). 

• Authorizes either party to pursue a decision review by the Supreme Court (Sec. 3709).  

Full Bill Text

Vetoed by Governor Janet Mills

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that authorizes farm workers to bargain collectively.

Highlights:

• Defines a “bargaining agent” as a lawful organization or association that provides representation to any employees in their employment relations (Sec. 3702).

• Requires a bargaining agent to represent all employees regardless of whether they are an organization member (Sec. 3707).

• Prohibits agricultural employers from the following (Sec. 3704):

• Interfere with, restrain, or coerce employees in the exercise of their guaranteed rights;

• Encourage or discourage the membership of any employee organization by discrimination in respect to employment tenure or hiring;

• Interfere with or dominate the formation, existence, or administration of any employee organization;

• Discharge or discriminate against an employee for signing an affidavit, petition, or complaint under these regulations;

• Refusal to bargain collectively with the employee’s bargaining agent;

• Blacklist any employee organization or its members in order to deny them employment;

• Requirement of any employee to join a union; and

• Termination or discipline of an employee for unpaid union dues or fees. 

• Prohibits agricultural employees and employee organizations from the following (Sec. 3704):

• Interfere, restrain, or coerce employees in the exercise of their guaranteed rights;

• Refusal of collective bargaining with an employer; and

• The causing or attempt to cause an employer to pay for services not performed. 

• Requires that both employers and the bargaining agent for employees participate in collective bargaining (Sec. 3705).

• Specifies the requirements for collective bargaining are as follows, but are not limited to (Sec. 3705):

• Meet at reasonable times;

• Meet within 10 days of written notice

• Confer and negotiate in good faith in regard to wages, hours, and other employment terms and conditions;

• Any agreements made must be in writing; and

• Participation in good faith in the mediation and arbitration procedures. 

• Specifies that following the initial certification, the board has no earlier than 90 days nor later than 60 days preceding the yearlong expiration period to determine if an employer bargained in good faith (Sec. 3705).

• Specifies the requirements for the governing of mediation between employer and employee are as follows, but are not limited to (Sec. 3705):

• The obligation of the State to provide full and adequate facilities to conduct dispute resolution;

• If either party requests mediation, all procedures must be followed before arbitration or upon any motion of the board; and

• The party involved in collective bargaining must give a written notification to the executive director at least 30 days in advance of a contract expiring, the participation in a first contract negotiation between employer and employee, or when a dispute transpires that impacts the ability to work.

• Authorizes the implementation of final and binding arbitration for unresolved issues if there is no contract agreement reached after 90 days from the date of their first meeting (Sec. 3705). 

• Specifies that once the petition is obtained, an order requiring arbitration and requesting both parties select an arbitrator will be issued by the executive director to form an arbitration panel (Sec. 3705).

• Requires the arbitration panel consider, but is not limited to, the following (Sec. 3705):

• Comparison of wages, hours, and working conditions in respect to the employees involved in arbitration and individuals performing similar services in other jurisdictions or in private employment;

• Overall compensation, such as any direct wage compensation, vacation, insurance, etc., given to the employees;

• Any additional factors that are commonly considered or should be considered in an employment dispute situation; and

• The establishment of fair and reasonable conditions in relation to the job qualifications and responsibilities.

• Specifies that all determinations made by the panel are final and binding for both parties (Sec. 3705).

• Requires that both parties equally split the expenses of the following (Sec. 3705):

• The overall cost for the mediation and arbitration;

• The price of all services rendered and expenses incurred by the State Board of Arbitration and Conciliation; and

• Any charges by the state cost allocation program.

• Prohibits the termination or modification of a contract during collective bargaining unless the party requesting changes meet the following (Sec. 3705):

• Written notice of proposed contract changes is given to the other party at least 60-days prior to the expiration date of the contract;

• The offer to meet and confer with the other party to negotiate a new or modified contract;

• Notification given to the board within 30-days after notice of a dispute; and 

• The continuation of the contract, without a strike or lockout, for a 60-day period after filing a notice or until the contract expires.

• Authorizes the executive director to follow the required measurements in order to decide the appropriateness of a bargaining unit for the purpose of collective bargaining (Sec. 3706). 

• Specifies that an employee organization can file a request with the employer claiming that a majority of the employees want to be represented in collective bargaining between the employer and employee organization (Sec. 3706).

• Authorizes the administration of a secret ballot election to determine if the organization represents a majority of bargaining unit members if they receive a petition signed by at least 30 percent of the total employees (Sec. 3707).

• Requires the executive director certifies the organization as a bargaining agent upon receiving the majority of votes (Sec. 3707). 

• Specifies that an agricultural employer, employee, employee organization, or bargaining agent may file a complaint with the executive director regarding any engagements in prohibited practices (Sec. 3709). 

• Authorizes either party to pursue a decision review by the Supreme Court (Sec. 3709).  

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes farm workers to bargain collectively.

Vote Smart's Synopsis:

Vote to pass a bill that authorizes farm workers to bargain collectively.

Vote Smart's Synopsis:

Vote to pass a bill that authorizes farm workers to bargain collectively.