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State Employees Labor Relations Act
DEPARTMENT OF ADMINISTRATIVE & FINANCIAL SERVICES
Bureau of Employee Relations
Telephone (207) 287-4447
FAX (207) 287-4452 TDD (207) 287-4537
No.: OSER-1
Date: May 21, 1974
SUBJECT: State Employees Labor Relations Act
TO: All Holders of Employee Relations Manual
FROM: Governor Kenneth M. Curtis
Chapter 774, Public Laws - AN ACT EXTENDING COLLECTIVE BARGAINING RIGHTS TO STATE EMPLOYEES - is effective June 28, 1974.
With the passage of the "State Employees Labor Relations Act," new concepts and operating methods must be explored by agency heads, managers and supervisors in order to meet the challenges and opportunities presented by the collective bargaining process.
Between now and January 1, 1975, the date on which negotiations can commence, several vital decisions must be made regarding the State's policies on all phases of labor relations and the bargaining process, including unit determination, eligibility for membership in a bargaining unit and training.
Section 979-F of Chapter 9-B, R.S., T. 26, does not give voluntary recognition rights to agency heads; that right is vested with the "Public Employer," which is defined by Section 979-A, Paragraph 5, as meaning ". . . all the departments, agencies and commissions of the executive branch of the State of Maine, represented by the Governor or his designee." This same paragraph further provides that "The Governor's office or its designee 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."
I intend to establish shortly an Office of State Employee Relations within the Executive Department and appoint a Director who will be directly responsible to me for the implementation and administration of this Act for the State as a whole as the public employer. Until then, you should not take any action under any provision of this Act.
It is my intent that the Director of the Office of State Employee Relations shall, on behalf of the Executive department, have final approval/disapproval in the matter of determining whether or not a proposed bargaining unit is appropriate from the public employer's point of view; therefore, in order to establish and maintain an efficient, coordinated collective bargaining program, Agency, Commission or Department Heads are not authorized to enter into voluntary recognition agreements with any organization or groups of employees proposing to represent a bargaining unit. Bargaining agents shall be determined by elections within appropriate units. Eventually, certification of duly-selected bargaining agents will be made by the Public Employees Labor Relations Board.
In addition, I request that you carefully study the attached copy of Public Law 774 and make additional copies available to your bureau and division chiefs, institutional heads, and other supervisory personnel within ;your jurisdiction. You and your management people have important responsibilities under this Act and should be aware of its import and the various rights and duties incumbent on you. I direct your attention to Sections 979-B, covering rights of State employees, and 979-C, covering prohibited acts of the public employer and State employees or their agents.
You should immediately begin considering who will not be covered by the Act in your agency - see Section 979-A, subsection 6. You should also begin examination of eligible State employees in your agency to determine who ought to be considered supervisory and who ought not under Section 979-E.
Additional guidelines and training sessions on the law will be provided as soon as possible.
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