LD 520
pg. 1
LD 520 Title Page An Act To Improve Binding Arbitration in Public Sector Labor Relations Page 2 of 3
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LR 1939
Item 1

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

 
Sec. 1. 26 MRSA §965, sub-§4, as amended by PL 1975, c. 564, §18, is
further amended to read:

 
4. Arbitration. In addition to the 30-day period referred to
in subsection 3, the parties shall have 15 more days, making a
total period of 45 days from the submission of findings and
recommendations, in which to make a good faith effort to resolve
their controversy.

 
If the parties have not resolved their controversy by the end of
said the 45-day period, they may jointly agree to an arbitration
procedure which that will result in a binding determination of
their controversy. Such determinations will be are subject to
review by the Superior Court in the manner specified by section
972.

 
If they do not jointly agree to such an arbitration procedure
within 10 days after the end of said the 45-day period, then
either party may, by written notice to the other, request that
their differences be submitted to a board of 3 arbitrators. The
bargaining agent and the public employer shall within 5 days of
such the request each select and name one arbitrator and shall
immediately thereafter notify each other in writing of the name
and address of the person so selected. The 2 arbitrators so
selected and named shall, within 10 days from such the request,
agree upon and select and name a neutral arbitrator. If either
party shall does not select its arbitrator or if the 2
arbitrators shall fail to agree upon, select and name a neutral
arbitrator within said the 10 days, either party may request the
American Arbitration Association or a successor organization to
utilize its procedures for the selection of the neutral
arbitrator. As soon as possible after receipt of such the
request, the neutral arbitrator will must be selected in
accordance with rules and procedures prescribed by the American
Arbitration Association for making such a selection. The neutral
arbitrator so selected will may not, without the consent of both
parties, be the same person who was selected as mediator pursuant
to subsection 2 nor any member of the fact-finding board selected
pursuant to subsection 3. As soon as possible after the
selection of the neutral arbitrator, the 3 arbitrators or, if
either party shall has not have selected its arbitrator, the 2
arbitrators, as the case may be, shall meet with the parties or
their representatives, or both, forthwith, either jointly or
separately,; make inquiries and investigations,; hold hearings,
or; and take such other steps as they deem consider appropriate.
If the neutral arbitrator is selected by utilizing the procedures
of the American Arbitration Association, the arbitration
proceedings will must be conducted in accordance with the rules


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