Maine Revised Statutes Title 13 Sec. 1958 – Bargaining
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1. Definition. As used in this article, “bargaining” is the mutual obligation of a handler and a qualified association to meet at reasonable times and negotiate in good faith with respect to the price, terms of sale, compensation for commodities produced or sold, or both, under contract and other contract provisions relative to the commodities that such qualified association represents and the execution of a written contract incorporating any agreement reached if requested by either party. Such obligation on the part of any handler shall extend only to a qualified association that represents producers with whom such handler has had a prior course of dealing. Such obligation does not require either party to agree to a proposal or to make a concession. The obligation to bargain continues until the commencement of required mediation, as provided in section 1958?B, subsection 2.
[PL 1987, c. 155, §10 (AMD).]
Terms Used In Maine Revised Statutes Title 13 Sec. 1958
- Association: means a corporation organized under this subchapter, or a similar domestic corporation, or a foreign association or corporation if authorized to do business in this State, organized under any general or special Act as a cooperative association for the mutual benefit of its members, as agricultural producers, and which confines its operations to purposes authorized by this subchapter and restricts the return on the stock or membership capital and the amount of its business with nonmembers to the limits placed thereon by this subchapter for associations organized hereunder. See Maine Revised Statutes Title 13 Sec. 1774
- Association of producers: means any association of producers of agricultural products organized and existing under this subchapter. See Maine Revised Statutes Title 13 Sec. 1955
- Board: means the Maine Agricultural Bargaining Board provided for in this Article. See Maine Revised Statutes Title 13 Sec. 1955
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Handler: means any person engaged in the business or practice of:
A. See Maine Revised Statutes Title 13 Sec. 1955Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Person: includes one or more individuals, partnerships, corporations and associations. See Maine Revised Statutes Title 13 Sec. 1955 Producer: means a person engaged in the production of agricultural products as a farmer, planter, rancher, poultry farmer, dairy farmer, fruit, vegetable or nut grower, or independent agricultural contractor as specified in section 1774, subsections 6?A and 8?A. See Maine Revised Statutes Title 13 Sec. 1955 Producers: includes independent agricultural contractors. See Maine Revised Statutes Title 13 Sec. 1774 Qualified association: means an association of producers accredited in accordance with section 1957. See Maine Revised Statutes Title 13 Sec. 1955
2. Prior course of dealing. A handler shall be deemed to have had a prior course of dealing with a producer if such handler has purchased commodities produced by such producer in any 2 of the preceding 3 years, provided that the sale by a handler of his business shall not negate any prior course of dealing that producers have had with this business.
[PL 1973, c. 621, §1 (NEW).]
3. Contracts. Nothing in this Article shall be deemed to prohibit a qualified bargaining association from entering into contracts with handlers to supply the full agricultural production requirements of such handlers.
[PL 1973, c. 621, §1 (NEW).]
4. Limitation.
[PL 1987, c. 155, §11 (RP).]
5. Further limitation. It shall be unlawful for a handler to purchase a product from other persons under terms more favorable to such persons than those terms negotiated with a qualified bargaining association for such product, unless such handler has first offered to purchase said product under said more favorable terms from the members of the qualified association of producers and said members have failed to supply the required product within a reasonable time according to said more favorable terms.
[PL 1973, c. 621, §1 (NEW).]
6. Notice; opportunity for hearing. Whenever it is charged that a qualified association or handler refuses to bargain, as that term is defined in subsection 1, the board shall provide that person with notice and opportunity to be heard, in a manner consistent with the Maine Administrative Procedure Act, Title 5, chapter 375, as to adjudicatory hearings.
[PL 1987, c. 155, §12 (AMD).]
7. Hearing. Hearings held pursuant to subsection 6 shall be held in a manner consistent with the Maine Administrative Procedure Act as to adjudicatory hearings. The board shall request that the Attorney General, or any attorney in his department designated by him, be present at these hearings and shall advise the board on procedure and on the admissibility of any evidence.
[PL 1977, c. 694, §282 (RPR).]
8. Findings. If, upon a preponderance of the evidence, the board determines that the person complained of has refused to bargain, in violation of this article, it shall state its findings of fact and shall issue an order requiring him to bargain as that term is defined in subsection 1 and shall order such further affirmative action, excluding an award of damages, as will effectuate the policies of this article. Failure to comply with such an order is a violation of this article. If the board determines that the person complained of has not refused to bargain, it shall state its findings of fact and shall issue an order dismissing the charges.
[PL 1987, c. 155, §13 (AMD).]
9. Dismissal.
[PL 1977, c. 694, §283 (RP).]
10. Modification. Until the record in a case has been filed in a court, as provided in section 1959, the board may at any time, upon reasonable notice and in such manner as it deems proper, modify or set aside, in a whole or in part, any finding or order made or issued by it.
[PL 1973, c. 621, §1 (NEW).]
SECTION HISTORY
PL 1973, c. 621, §1 (NEW). PL 1977, c. 694, §§281-283 (AMD). PL 1987, c. 155, §§10-13 (AMD).