Groups say Mills’ veto of energy-labor bill will weaken state efforts to tackle climate change

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Gov. Janet Mills on Friday vetoed a bill that union and climate leaders argued would ensure clean energy projects on state land aren’t disrupted by labor disputes. The Democratic governor, however, said the legislation was overly ambiguous.

Advocates of the bill castigated the action as yet another “anti-worker, anti-union veto” by the governor. 

LD 373, sponsored by Sen. Mike Tipping (D-Penobscot), would have required an entity leasing state land for a clean energy development project to mandate that the lessee enter an “employer and employee harmony agreement.”  

Tipping earlier this year explained that such harmony agreements represent a compromise between workers and employers. The agreements require companies awarded bids for the types of projects specified by the bill to agree not to bust a union or lock out workers. In exchange, workers give up their right to strike.

The overall goal of the bill is to ensure that public money isn’t used to fight unionization while also making sure that essential climate projects are completed without labor fights slowing things down. 

In her veto message, Mills criticized the bill for containing what she called unclear language. In particular, the governor said there was not adequate clarity on whether the measure would “apply to the construction of (and not just permanent jobs at) a potential offshore wind port” and whether a harmony agreement would be applicable to “renewable energy projects involving state-owned land beyond” such a port. 

The governor said on both of those questions, the language of the bill could be interpreted in a way that is more expansive than the intent of the proposal. 

Mills also cited a bill she signed last year that established labor and compensation standards for offshore wind construction projects. She said that measure was the product of engagement with stakeholders and a “fair and reasonable approach,” while LD 373 was not. 

“Because this bill is ambiguous, potentially more far-reaching than intended and raises a number of unanswered questions as to its intent and scope, I return LD 373 unsigned and vetoed,” Mills said. 

In a statement, Tipping criticized Mills’ veto, saying skilled Maine workers are ready to help the state transition from fossil fuels and deserve a fair chance to join a union. 

“Union busting is a $400 million a year industry and we have seen how companies both in Maine and across the country — from Starbucks and Amazon to MaineHealth — have exploited our weak labor laws to prevent workers from exercising their basic right to freedom of association,” he said. “Unfortunately, the governor has sided with corporations over working Mainers and hampered efforts to efficiently create clean energy jobs. I urge the Maine Legislature to override this misguided veto of basic workers’ rights.”

Union leaders also decried the veto. 

“Working people deserve a free and fair chance to form a union without employer intimidation and harassment,” said Matt Schlobohm, executive director of the Maine AFL-CIO. “This is another anti-worker, anti-union veto from Governor Mills.”

In its news release, the AFL-CIO also noted that Mills previously rejected several other labor priorities. The governor earlier this week vetoed two bills seeking to expand rights for farmworkers and last month rejected a measure to further limit noncompete clauses in Maine.  

In their criticism of the veto, advocates of LD 373 also pointed out that Maine is receiving once-in-a-generation money for clean energy projects from the federal government that is designed to grow the workforce of that industry while also creating strong labor standards.

“Workers fought for generations to make fossil fuel work into a dignified, family-sustaining career with collective power on the job,” said Francis Eanes, executive director of the Maine Labor Climate Council. “If we’re serious about tackling the climate crisis at scale, it’s essential that workers see the clean energy economy built on those same foundations, and LD 373 would have gone a long way towards that.”

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