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

 
and procedures of the American Arbitration Association. The
hearing shall must be informal, and the rules of evidence
prevailing in judicial proceedings shall are not be binding. Any
and all documentary evidence and other data deemed considered
relevant by the arbitrators may be received in evidence. The
arbitrators shall have the power to administer oaths and to require
by subpoena the attendance and testimony of witnesses, and the
production of books, records and other evidence relative or
pertinent to the issues represented to them for determination.

 
If the controversy is not resolved by the parties themselves, the
arbitrators shall proceed as follows: With Except for municipal
and county employees, professional firefighters and law
enforcement personnel of police departments and sheriff's
departments, with respect to a controversy over salaries,
pensions and insurance, the arbitrators will shall recommend
terms of settlement and may make findings of fact; such the
recommendations and findings will be are advisory only and will
must be made, if reasonably possible, within 30 days after the
selection of the neutral arbitrator; the arbitrators may in their
discretion, make such the recommendations and findings public,
and either party may make such the recommendations and findings
public if agreement is not reached with respect to such the
findings and recommendations within 10 days after their receipt
from the arbitrators; with respect to a controversy over subjects
other than salaries, pensions and insurance, and with respect to
all matters concerning municipal and county employees,
professional firefighters and law enforcement personnel of police
departments and sheriff's departments, the arbitrators shall make
determinations with respect thereto to a controversy if
reasonably possible within 30 days after the selection of the
neutral arbitrator; such these determinations may be made public
by the arbitrators or either party; and if made by a majority of
the arbitrators, such the determinations will be are binding on
both parties and the parties will shall enter an agreement or
take whatever other action that may be appropriate to carry out
and effectuate such the binding determinations; and such the
determinations will be are subject to review by the Superior
Court in the manner specified by section 972. The results of all
arbitration proceedings, recommendations and awards conducted
under this section shall must be filed with the Maine Labor
Relations Board at the offices of its executive director
simultaneously with the submission of the recommendations and
award to the parties. In the event the parties settle their
dispute during the arbitration proceeding, the arbitrator or the
chairman chair of the arbitration panel will shall submit a
report of his the panel's activities to the Executive Director of
the Maine Labor Relations Board not more than 5 days after the
arbitration proceeding has terminated.


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