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Articles 1 - 30 of 42
Full-Text Articles in Law
Memorial Notice For Professor Emeritus, Dr. Charles Scontras, Bureau Of Labor Education. University Of Maine
Memorial Notice For Professor Emeritus, Dr. Charles Scontras, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
Dr. Scontras was a tireless advocate for workers and for the preservation Maine’s history of working class struggle. For more than half a century Dr. Scontras addressed the history and present condition of labor in Maine. His work appeared in the op-ed pages of Maine’s newspapers, in six volumes of Maine labor history covering the period from 1636 to the present, in presentations at labor halls and in his determination to make the historical records of Maine labor unions available at the University of Maine Fogler Library Labor Archives.
Initiative And Referendum: A Maine Odyssey, Charles A. Scontras
Initiative And Referendum: A Maine Odyssey, Charles A. Scontras
Bureau of Labor Education
Maine is no stranger to the nation’s battles involving the development of the tools of direct democracy and how to use them. Since the citizen initiative and referendum were passed in late 1908, Mainers have used “the power of the people” to vote directly on many laws, bypassing the Legislature. Now, after more than 100 years in use, the initiative process may be facing a test: Gov. Paul LePage is preparing blueprints to use the initiative in an attempt to change the state’s welfare system and reduce the income tax — victories denied to him in the Legislature. It’s a …
Right-To-Work:' The Issue That Won't Die — A Historical Perspective, Charles A. Scontras
Right-To-Work:' The Issue That Won't Die — A Historical Perspective, Charles A. Scontras
Bureau of Labor Education
Phoenix-like, "right-to-work" measures have again surfaced in the state Legislature. Such measures are designed to prohibit employers from negotiating union security clauses by which all who benefit from union bargaining agreements pay their share of the costs involved in the union's legal obligation to represent all workers.
Do I Have To Cross The Picket Line?, Bureau Of Labor Education. University Of Maine
Do I Have To Cross The Picket Line?, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
Refusing to cross a lawfully established picket line is protected by the National Labor Relations Act. You have the legal right not to cross a picket line in solidarity with your own union, out of sympathy for workers from another union, or just to avoid confrontation. By refusing to cross a picket line while on duty you are essentially engaging in a strike in sympathy with the picketing workers. Refusing to cross a picket line is a legally protected act. When you approach a picket line you may be asked to honor the picket line. Politely asking someone not to …
What You Should Know About "Right To Work" Laws, 2013 Update, Bureau Of Labor Education. University Of Maine
What You Should Know About "Right To Work" Laws, 2013 Update, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
This is a brief 2013 update to the Bureau of Labor Education’s (BLE) 2011 briefing paper, “The Truth about ‘Right to Work’ Laws.” As documented in the 2011 BLE paper, the term “right-to-work” is highly misleading, and many studies have shown that RTW laws are not helpful to the well-being of working people. “Right-to-work” does not protect against unfair firing, or promote equitable wages and decent working conditions. By undermining unions and the ability of labor and management to bargain freely, right-to-work laws weaken the ability of workers to protect their rights through a union contract. There are two major …
Working Waterfronts And The Czma: Defining Water-Dependent Use, Terra Bowling
Working Waterfronts And The Czma: Defining Water-Dependent Use, Terra Bowling
Maine Sea Grant Publications
Water-dependent businesses, including marine transportation companies, seafood processing plants, commercial fishing, and charter boats, require infrastructure located on or adjacent to water to maintain their operations. The working waterfronts necessary to support these industries, such as slips, dry-docks, ramps, loading and unloading facilities, and warehouses, are often at risk of displacement by non-water-dependent uses like restaurants, hotels, retail, or residential housing. Traditional working waterfronts and the businesses that rely on them can be preserved, in part, through the incorporation of water-dependency definitions and requirements into state and local laws, regulations, and policies.
State Funding For Ports: Selected State Summaries And Links To Resources, Alexander Boswell-Ebersole, Thomas T. Ankersen
State Funding For Ports: Selected State Summaries And Links To Resources, Alexander Boswell-Ebersole, Thomas T. Ankersen
Maine Sea Grant Publications
The maritime industry in the United States, which plays a significant role in the economies of coastal states and the nation as a whole, involves a diverse variety of working waterfronts, ranging from large commercial ports that facilitate heavy industry to small-scale, traditional working waterfronts. Moreover, in many areas of the country, the economic and cultural identities of local communities depend almost exclusively on traditional working waterfronts. Unfortunately, land use and economic policy shocks, such as escalating coastal property values and taxes, increasing demands for non-water-dependent land uses, and complex and time-consuming permitting processes, currently threaten many working waterfronts. Since …
Maine Lobster Fishermen Had Early Brush With Organized Labor, Charles A. Scontras
Maine Lobster Fishermen Had Early Brush With Organized Labor, Charles A. Scontras
Bureau of Labor Education
In the current effort of Maine lobster fishermen to maintain and enhance their interest, John Drouin, a Cutler lobsterman and vice chairman of the Maine Lobster Advisory Council — a group of fishermen and dealers who work with the Department of Marine Resources to protect the industry — noted that Maine lobstermen operate as independent business owners, compared with Canadian lobster fishermen, who are represented by unions and thus exert greater influence against the processors. “Until the day comes when we become unionized or one big co-op, we are just 5,000 individuals,” Drouin said.
Oklahoma, Maine, Migration And The "Right To Work:" A Confused And Misleading Analysis, Bureau Of Labor Education. University Of Maine
Oklahoma, Maine, Migration And The "Right To Work:" A Confused And Misleading Analysis, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
The recent article released by the Maine Heritage Policy Center (MHPC), “The Case for Right-to-Work in Maine: Examining the Evidence in Oklahoma” (1/23/2012), attempts to make a case for the supposed benefits of a right-to-work (RTW) law in Maine, by discussing the case of Oklahoma’s RTW law, and then presenting a number of statistics on migration to Oklahoma, and from Maine to RTW states. However, a closer examination of this report reveals that it is based on highly questionable and misleading assumptions, and its assertions are based on incomplete data.
Labor, Industry Fighting Over Unemployment Benefits — Sounds A Lot Like The 1960s, Charles A. Scontras
Labor, Industry Fighting Over Unemployment Benefits — Sounds A Lot Like The 1960s, Charles A. Scontras
Bureau of Labor Education
Current legislative efforts to reform the unemployment compensation law (LD1725) by increasing penalties for fraud and tightening qualifications for benefits, e.g., removal of the exemption of vacation time as a factor in assessing benefits and lengthening the search for employment after six weeks rather than the current requirement of twelve weeks, triggers some historical images.
Working Conditions And Patient Safety: Safe Staffing In Maine's Hospitals, Bureau Of Labor Education. University Of Maine
Working Conditions And Patient Safety: Safe Staffing In Maine's Hospitals, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
A growing body of research is now documenting how serious problems in the work environments of nursing care in American hospitals are posing a threat to patient safety, as well as contributing to shortages of nurses working in hospital settings and in greater job stress and burnout among nurses. A major factor in this picture, according to a major report by the National Institute of Medicine, is the issue of chronic understaffing among direct care nurses.
What You Need To Know About Worker's Compensation, Bureau Of Labor Education. University Of Maine
What You Need To Know About Worker's Compensation, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
Annual data compiled by the U.S. Department of Labor consistently reveal that for too many workers the result of their employment is a job-related injury, illness, and in a number of cases, death. These data document the ongoing need and importance of workers’ compensation. The purpose of this paper is to provide an overview on: • workers’ compensation, how it evolved in the U.S., and the impact of this history today; • developments with Maine’s law, and resources for accessing information on this statute; and • the need to reform workers’ compensation for Maine workers.
The Truth About "Right To Work" Laws, Bureau Of Labor Education. University Of Maine
The Truth About "Right To Work" Laws, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
There are many misconceptions about “right-to-work” laws. This sounds like it would be a plus for working people. However, this term is misleading, and a distortion of the reality underlying it. Despite its name, right-to-work laws do not guarantee anyone a job, protect against unfair firing, guarantee equitable wages, or decent working conditions. By undermining unions and the ability of labor and management to bargain freely, right-to-work laws weaken the best job security protection workers have -- the union contract. Maine has rejected such a law a number of times in the past, including a 1948 referendum in which state …
Who Pays And Who Benefits: 21st Century Tax Reform For Maine, Bureau Of Labor Education. University Of Maine
Who Pays And Who Benefits: 21st Century Tax Reform For Maine, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
Most people do not enjoy paying taxes, which are the primary source of revenue for governments at all levels, but most people also probably agree that ultimately, some kind of taxation is necessary. However, public support for taxes is greatly influenced by perceptions of whether tax systems are fair or equitable, and these perceptions are unfortunately not always based on factual information or clear understanding. The ongoing debate over Maine’s latest attempt at tax reform is no exception.
Responsible Contractors Help Build Thriving Communities, Bureau Of Labor Education. University Of Maine
Responsible Contractors Help Build Thriving Communities, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
What is responsible contractor language, and why is it important? Public construction projects are often costly undertakings. In recent years, municipalities and schools are increasingly using responsible contractor policies to "set certain minimum employment standards" for bidding on construction work. In response to this trend, responsible contractor (RC) language is being developed and used to provide needed reform in the construction contract bidding process. According to a recent study of responsible contractor reforms, the public policy goal of these reforms is to "ensure that all contracts for public works are awarded to reputable, responsible finns that have the qualifications, resources …
The Minimum Wage: Two Generations Of Neglect Add Up, Bureau Of Labor Education. University Of Maine
The Minimum Wage: Two Generations Of Neglect Add Up, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
Although a three-step raise in the Federal minimum wage that ended in July, 2009 is projected to generate a total of $10.4 billion in increased consumer spending,2 a survey of the wage situation in the U.S. today suggests that recent raises to the minimum wage are inadequate. Both Maine and the nation have been plagued by serious wage stagnation for many years. The overextended credit that helped fuel the recent economic crisis was exacerbated by what has been called a “collapse of hourly wage growth” by the Economic Policy Institute. In the longer term, the inflation-adjusted value of the minimum …
Update On Labor's Demographics, Bureau Of Labor Education. University Of Maine
Update On Labor's Demographics, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
As in years past, unionization levels have continued to vary widely according to demographic and occupational characteristics of the U.S. workforce, as well as geographic region. The unionization level of the total employed U.S. wage and salary workforce is one measure. However, in order to obtain a more balanced perspective, it is also important to consider the specific levels of union membership in both public and private sector areas of employment, which play a significant role in the U.S. economy. Using data compiled and supplied by the U.S. Department of Labor, this briefing paper provides a statistical summary of unionization …
Requiem For An Industry, Charles A. Scontras
Requiem For An Industry, Charles A. Scontras
Bureau of Labor Education
In April, the Lewiston City Council voted to demolish the massive Bates Mill No. 5, the last component of the original textile giant, dating from 1850, that is owned by the city. The decision graphically symbolizes the burial of a textile industry. When the textile mills arrived in Maine, public officials viewed them as cathedrals of prosperity and progress, while workers welcomed the opportunity to earn a livelihood. Labor reformers, however, often viewed them as corporate entities that regimented life and work, describing them as "tombs for the living," "living hells," and "prison factories." Over the years, labor made sporadic …
Stretching The Law Ii: The Misclassification Of Employees As Independent Contractors, Bureau Of Labor Education. University Of Maine
Stretching The Law Ii: The Misclassification Of Employees As Independent Contractors, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
The misclassification of many employees as “independent contractors” (ICs) is problematic in a number of industries and employment situations. An earlier paper by the Bureau of Labor Education (BLE) found widespread violations of IC classification in the state’s construction industry. This paper provides a broader context for this issue with a discussion of the legal climate nationally.
Fair Pay And Fair Contracting: Maine's Prevailing Wage Laws, Bureau Of Labor Education. University Of Maine
Fair Pay And Fair Contracting: Maine's Prevailing Wage Laws, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
Roads, schools, bridges, government buildings, public hospitals – these are all examples of public works projects. Most states in the U.S., following the lead of the federal government, require that workers in such construction projects must be paid the “prevailing wage” for their occupation, industry and local geographic area. There is substantial research showing that prevailing wage (P.W.) laws can be an important element of economic development and economic stimulus plans, benefiting states, communities, businesses, workers and taxpayers in several ways. Prevailing wage laws: • can benefit communities, states and taxpayers by helping to ensure the most reliable, productive and …
Restoring The Right To Organize: Impacts Of The Employee Free Choice Act, Bureau Of Labor Education. University Of Maine
Restoring The Right To Organize: Impacts Of The Employee Free Choice Act, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
There has been growing controversy over a proposed new labor relations law called the Employee Free Choice Act (EFCA), also known as the “card check” bill. This briefing paper provides an overview of the Employee Free Choice Act, its context and rationale, and its implications for both workers’ abilities to organize and democratic rights in the workplace.
Hot Jobs Update: 2008 Outlook For Maine's Women Workers, Bureau Of Labor Education. University Of Maine
Hot Jobs Update: 2008 Outlook For Maine's Women Workers, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
This paper on the occupational outlook for Maine’s women workers is intended as an update to the Bureau of Labor Education’s previous briefing papers on this topic. These earlier papers showed that despite many upbeat analyses of the best “hot new jobs” that will be available to women workers in the next decade, the largest occupations available to women workers in Maine will continue to be primarily jobs with low wages and little economic security. What do more recent data suggest about these issues?
Attaining Occupational Health And Safety Through Education, Engineering, And Enforcement, Bureau Of Labor Education. University Of Maine
Attaining Occupational Health And Safety Through Education, Engineering, And Enforcement, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
Every year, many workers in Maine and elsewhere in the United States are injured or killed on the job, or develop work-related illnesses. While most injured workers may have access to Workers’ Compensation benefits, such compensation does not make up for extended and sometimes permanent pain and disability. Clearly it is more sensible for employers and workers to focus on the prevention of occupational accidents, injuries and illnesses than to deal with the consequences after the fact.
Privatization Pitfalls Update, 2008, Bureau Of Labor Education. University Of Maine
Privatization Pitfalls Update, 2008, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
Policymakers at the local, state, and federal government levels often struggle to balance the imperatives of providing necessary public services with the constraints of shrinking funds to pay for services such as transportation, prisons, and human services. Among the many possible solutions public entities may consider is the strategy of privatization, defined as “any process that is aimed at shifting functions and responsibilities, in whole or in part, from the government to the private sector through such activities as contracting out or asset sales.” This briefing paper is an update to an earlier publication by the Bureau of Labor Education …
A Maine Guide To Employment Law, Gabrielle Berube, James Davitt
A Maine Guide To Employment Law, Gabrielle Berube, James Davitt
Bureau of Labor Education
This second edition of A Maine Guide to Employment Law is both a continuation and evolution of five previous editions of A Workers’ Guide to Labor Law, first published by the Bureau of Labor Education in 1974. This present work, representing the collective efforts and contributions of many of the Bureau’s staff—past and present, seeks to retain the readability and clarity that has been the hallmark of past editions. Our continuing objective is to provide important information on employee rights, protections, and responsibilities at the workplace or site, in easy-to-understand language.
Recognizing And Preventing Hazards In The Construction Industry, Bureau Of Labor Education. University Of Maine
Recognizing And Preventing Hazards In The Construction Industry, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
By the nature of the work, the construction industry is very hazardous and dangerous. These dangers are multiplied still further when workers and supervisors employed in this industry are working at manufacturing sites such as pulp and paper mills. This handbook deals with the following hazards confronting workers and employers in construction, which have been identified by OSHA as priority areas for hazard recognition and prevention: • fall hazards on the same level or from a higher to a lower one; • being struck by or against any hazardous materials, equipment, or vehicles; • getting caught on, caught in, or …
Stretching The Law, Stressing The State Misclassified Workers In Maine's Construction Industry, Bureau Of Labor Education. University Of Maine
Stretching The Law, Stressing The State Misclassified Workers In Maine's Construction Industry, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
The classification of independent contractors (ICs) is problematic in a number of industries and employment situations. This paper is intended as a survey of IC issues as they affect the construction industry in Maine. Construction companies have recourse to hourly labor for much of their work requirements, but like many other businesses, they also often employ independent contractors for some parts of their various building contracts. There is considerable evidence that these two job categories are being manipulated by some employers to bypass the legal intent of IC classification. A 2000 report produced for the U.S. Department of Labor found …
What Counts, And Who's Counting? Maine's Business Climate 2006, Bureau Of Labor Education. University Of Maine
What Counts, And Who's Counting? Maine's Business Climate 2006, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
Many news articles and opinion pieces continue to argue that Maine has a highly unfavorable business climate, which must be changed if Maine’s economic well-being is to improve. Such analyses raise many important questions about what policies are most likely to benefit Maine’s economy, both as a whole, and among the various areas, communities, and population segments within Maine. Increasingly, the health of Maine’s economy, and the level of the state’s well-being more broadly, seem to be equated with the issue of whether Maine has a “friendly” business climate. In turn, the question of a favorable or unfavorable business climate …
Project Labor Agreements And Construction In Maine, Bureau Of Labor Education. University Of Maine
Project Labor Agreements And Construction In Maine, Bureau Of Labor Education. University Of Maine
Bureau of Labor Education
A Project Labor Agreement (PLA) is a comprehensive negotiated pre-hire contract for public or private-sector construction projects. A PLA generally includes mutually agreed-to work and wage rules for the duration of the project, including deadlines, wages, costs, production incentives, and hiring. Usually PLAs are between a developer or general contractor, labor unions, subcontractors, workers, and the employer or customer, who may be in the public or private sector.
Instructors' Manual On Achieving Health And Safety In The Building And Repair Of Ships And Boats, William Murphy, James Nicholson
Instructors' Manual On Achieving Health And Safety In The Building And Repair Of Ships And Boats, William Murphy, James Nicholson
Bureau of Labor Education
This instructors' manual contains step by step approaches that instructors can use when teaching from the project book entitled: Achieving Health and Safety in the Building and Repair of Ships and Boats. The chapters in this manual match those contained in the book.