Monday, April 22, 2024

The Honorable Janet T. Mills

1 State House Station
Augusta, ME 04333

Dear Governor Mills,

On behalf of ABC Maine, thank you for your service to our great state.

Associated Builders and Contractors of Maine represents 200 construction and construction
related businesses across the state. Our members employ thousands of Mainers and work on
state funded projects from Fort Kent to Kittery. We are proud to be partners in building Maine’s
future.

Our organization has been following many bills during the 131st Legislature. We write to you
today regarding three that have made it to your desk and await your decision.

LD 372, An Act to Increase Enforcement and Accountability for Wage Violations, was strongly
contested for months in the Labor and Housing Committee. Our organization testified in
opposition to this bill as we found it unnecessary and punitive. As written, the bill would give
Maine DOL full authority to actively seek out violations under Chapter 7 and 15. It would also
give broad authority to enact damages above and beyond the actual amount owed.

ABC Maine worked with DOL alongside the Maine State Chamber of Commerce and Hospitality
Maine to find a way forward however, we were unable to find consensus. We believe this bill is
unnecessary for a variety of reasons, but namely because DOL has said as recently as 2022 that
the “vast majority of employers operate in full compliance with employment law,” and if there
are violations once notified “most employers correct their practices willingly and quickly.”

LD 373, An Act to Ensure Employer and Employee Harmony in Clean Energy Development
Projects, and LD 1963, An Act Regarding the Future of Renewable Energy Transmission in
Northern Maine are both problematic pieces of legislation among many reasons, but namely
because of the inclusion of so-called “labor harmony agreements.”

Both bills include the harmless provision as a way to guarantee against labor strikes on publicly
funded projects, ensure mutually agreed to mechanisms of dispute resolution between labor
and management, and facilitate open dialogue. However, the provision is hardly innocuous and
not necessary. The ultimate purpose of this legislation is to tie the hands of a merit shop
employer to allow labor unionization while the project is ongoing. The results of an agreement
like this could be disastrous for our members. Many of our members have already testified
publicly that if a harmony agreement were required on a state funded project, they simply
would not bid for the work. It is just too big of a risk.

On LD 372, 373, and 1963 we would urge a veto.

Once again, thank you for your service to our great State and her people.

Sincerely,

Hope Pollard
President
Associated Builders and Contractors of Maine