LD 1282
pg. 1
LD 1282 Title Page An Act To Amend the Laws Governing Agricultural Marketing and Bargaining Page 2 of 4
Download Bill Text
LR 357
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 7 MRSA §1091, as amended by PL 1987, c. 384, §1, is
further amended to read:

 
§1091. Dues and fair share fees

 
For purposes of this section, "fair share fee" means the fee
deducted by a dealer or processor from a nonmember producer.__
The fair share fee must be used to defray the costs incurred
by a recognized collective bargaining unit in fulfilling its
duty to represent producers in their relations with the dealer
or processor.__The fair share fee may not exceed the standard
initiation fee, membership dues and general assessments of the
collective bargaining unit.

 
If a member of an association as defined in Title 13,
section 1774, subsection 3 makes a written assignment of dues
to that association, those dues shall must be paid out of
funds due or to become due to that member for any farm product
produced or to be produced by that member, or for any services
performed or to be performed by that member in the production
of farm products. Any person who accepts or receives the
product or services from the member is bound by that
assignment after receiving written notice from the association
or from the member, and that person shall withhold the
assigned dues from amounts payable by him that person to the
member thereafter during the period of the assessment.

 
Nonmember producers who supply farm products to dealers or
processors who are subject to collective bargaining must be
assessed an association fair share fee of 75% of the amount
charged to members as dues.__This assessment must be collected
in the same manner as member dues.

 
Sec. 2. 7 MRSA §1092, as amended by PL 1987, c. 384, §2, is
further amended to read:

 
§1092. Assignment

 
No provision which that is inserted in any contract or other
instrument that is prepared by a dealer or processor which
that makes an assignment of the dues or fair share fees
described in section 1091 ineffective is valid.

 
An assignment of dues or fair share fees may not exceed 1%
of the total value of the product or services delivered by the
member to the dealer or processor.


LD 1282 Title Page Top of Page Page 2 of 4