Ask Reggi Your Question Now
Reggi is the free generative AI assistance for regulatory compliance
Can I require customers to sign contracts with binding arbitration clauses in Maine? What are the requirements?
To require customers to sign contracts with binding arbitration clauses in Maine, the following requirements must be met:
- The contract must be a collective bargaining agreement between the public employer and a bargaining agent [4.1][5.1] or between the university, the academy, or the community colleges and a bargaining agent [2.1].
- The arbitration clause must be limited to disputes between the parties as to the meaning or application of the specific terms of the collective bargaining agreement [2.1][4.1][5.1].
- The arbitrator with the power to make binding decisions pursuant to any such provision shall have no authority to add to, subtract from, or modify the collective bargaining agreement [2.1][4.1][5.1].
Therefore, if the contract meets these requirements, customers can be required to sign contracts with binding arbitration clauses in Maine.
Note that if a dispute arises and the case cannot be settled through the process of conciliation, the interested parties may jointly submit the case to arbitration by filing an arbitration application with the Executive Director of the Maine Labor Relations Board [3.1]. Additionally, either party may seek a review by the Superior Court of a binding determination by an arbitration panel [2.2][4.2].
Source(s):
- [2.1] Scope of binding contract arbitration
- [3.1] Submission to arbitration; decision
- [4.1] Scope of binding contract arbitration
- [5.1] Scope of binding contract arbitration
- [2.2] Review of arbitration awards
- [4.2] Review of arbitration awards
Jurisdiction
Maine