Maine Revised Statutes Title 13 Sec. 1965 – Unfair practices
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1. Producers of agricultural commodities are free to join together voluntarily in associations as authorized by law without interference by handlers. A handler shall not engage nor permit an employee or agent to engage in any of the following practices, defined as unfair practices:
A. To coerce a producer in the exercise of his right to join and belong to or to refrain from joining or belonging to an association or to refuse to deal with a producer because of the exercise of his right to join and belong to an association except as provided in section 1958, subsection 5; [PL 1987, c. 155, §23 (AMD).]
B. To discriminate against a producer with respect to price, quantity, quality or other terms of purchase, acquisition or other handling of agricultural products because of his membership in or contract with an association; [PL 1973, c. 621, §1 (NEW).]
C. To coerce or intimidate a producer to breach, cancel or terminate a membership agreement or marketing contract with an association or a contract with a handler; [PL 1973, c. 621, §1 (NEW).]
D. To pay or loan money, give anything of value or offer any other inducement or regard to a producer for refusing or ceasing to belong to an association; [PL 1973, c. 621, §1 (NEW).]
E. To make or circulate unsubstantiated reports about the finances, management or activities of associations or handlers; [PL 1973, c. 621, §1 (NEW).]
F. To conspire, combine, agree or arrange with any other person to do or aid or abet the doing of any practice which is in violation of this Act; [PL 1973, c. 621, §1 (NEW).]
G. To refuse to bargain with an accredited association with whom the handler has had prior dealings or with an accredited association whose producers in the bargaining units have had substantial dealing with the handler prior to the accreditation of the association; or [PL 1973, c. 621, §1 (NEW).]
H. To negotiate with a producer included in the bargaining unit after an association is accredited. [PL 1973, c. 621, §1 (NEW).]
[PL 1987, c. 155, §23 (AMD).]
Terms Used In Maine Revised Statutes Title 13 Sec. 1965
- Agricultural products: include floricultural, horticultural, viticultural, forestry, nut, dairy, livestock, poultry, bee and any farm products. See Maine Revised Statutes Title 13 Sec. 1774
- 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
- 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.
- 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. 1955Marketing contract: includes a contract related to the marketing of agricultural products and a contract by an independent agricultural contractor for furnishing services and facilities in raising or growing agricultural products. See Maine Revised Statutes Title 13 Sec. 1774 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. An association shall not engage or permit an employee or agent to engage in the following practices, defined as unfair practices:
A. To act in a manner contrary to the bylaws of the association; [PL 1973, c. 621, §1 (NEW).]
B. To refuse to bargain with a handler with whom the accredited association has had prior dealing or with whom its producers have had substantial dealing prior to the accreditation of the association; [PL 1973, c. 621, §1 (NEW).]
C. To coerce or intimidate a handler to breach, cancel or terminate a membership agreement or marketing contract with an association or a contract with a producer; [PL 1973, c. 621, §1 (NEW).]
D. To make or circulate unsubstantiated reports about the finances, management or activities of other associations or handlers; [PL 1973, c. 621, §1 (NEW).]
E. To conspire, combine, agree or arrange with any other person to do or aid or abet the doing of any practice which is in violation of this Act; [PL 1973, c. 621, §1 (NEW).]
F. To hinder or prevent, by picketing, threats, intimidations, force or coercion of any kind, the pursuit of any lawful work or employment, or to obstruct or interfere with entrance to or egress from any place of employment, or to obstruct or interfere with free and uninterrupted use of public roads, streets, highways, railways, airports or other ways of travel or conveyance; [PL 1973, c. 621, §1 (NEW).]
G. To exercise coercive pressure by picketing, patrolling or otherwise business establishments other than the premises owned or controlled by the handler in order to cause such parties to cease doing business with such handler. [PL 1973, c. 621, §1 (NEW).]
[PL 1973, c. 621, §1 (NEW).]
3. Notice; opportunity for hearing. Whenever it is charged that a qualified association or a handler has committed an unfair practice under this section, 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, §24 (NEW).]
4. Hearing. Hearings held pursuant to subsection 3 shall be held in a manner consistent with the Maine Administrative Procedure Act, Title 5, chapter 375, as to adjudicatory hearings. The board shall request that the Attorney General or any attorney in his department designated by the Attorney General, be present at these hearings and shall advise the board on procedure and on the admissibility of any evidence.
[PL 1987, c. 155, §24 (NEW).]
5. Findings. If, upon a preponderance of the evidence, the board determines that the person complained of has committed an unfair practice, in violation of this article, it shall state its findings of fact and shall issue an order requiring the person to cease and desist from such conduct 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 committed an unfair practice, it shall state its findings of fact and shall issue an order dismissing the charges.
[PL 1987, c. 155, §24 (NEW).]
6. Frivolous charges. If the board determines that a charge of unfair practice is frivolous, it shall state its findings of fact and may issue a reprimand to the person making the charge. Where the board determines that a person who made a charge which was determined to be frivolous did so knowing the charge to be frivolous, it shall state its findings of fact and shall issue an order requiring that person to pay the reasonable attorneys fees and double the amount of other reasonable costs incurred by the person against whom the charge was made in defending against the charge before the board. Where it is disputed, reasonableness shall be determined by the board. The order shall also require that person to reimburse the State for the per diem payments made to board members for their attendance at the hearing on the charge. Failure to comply with such an order is a violation of this article.
[PL 1987, c. 155, §24 (NEW).]
SECTION HISTORY
PL 1973, c. 621, §1 (NEW). PL 1987, c. 155, §§23,24 (AMD).