Maryland 2022 Regular Session

Maryland House Bill HB1485 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1485
6	6
7	7	HOUSE BILL 1485
8	8	L6, L2 2lr3140
9	9
10	10	By: Delegate Wells
11	11	Rules suspended
12	12	Introduced and read first time: March 5, 2022
13	13	Assigned to: Rules and Executive Nominations
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Trustees of the Walters Art Gallery – Collective Bargaining 2
20	20
21	21	FOR the purpose of authorizing employees of the Trustees of the Walters Art Gallery to 3
22	22	form, join, and participate in an employee organization and engage in certain other 4
23	23	activities related to collective bargaining; and generally relating to collective 5
24	24	bargaining for employees of the Trustees of the Walters Art Gallery. 6
25	25
26	26	BY adding to 7
27	27	The Public Local Laws of Baltimore City 8
28	28	Section 28–1 through 28–8 to be under the new subtitle “Subtitle 28. Trustees of the 9
29	29	Walters Art Gallery – Collective Bargaining” 10
30	30	Article 4 – Public Local Laws of Maryland 11
31	31	(1979 Edition and 1997 Supplement, and 2000 Supplement, as amended) 12
32	32
33	33	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
34	34	That the Laws of Maryland read as follows: 14
35	35
36	36	Article 4 – Baltimore City 15
37	37
38	38	SUBTITLE 28. TRUSTEES OF THE WALTERS ART GALLERY – COLLECTIVE 16
39	39	BARGAINING. 17
40	40
41	41	28–1. 18
42	42
43	43	(A) IN THIS SUBTITLE THE FOLLOWI NG WORDS HAVE THE ME ANINGS 19
44	44	INDICATED. 20
45	45
46	46	(B) “BARGAIN IN GOOD FAITH ” MEANS THE MUTUAL OBL IGATIONS OF THE 21
47	47	EMPLOYER AND THE CER TIFIED EXCLUSIVE REP RESENTATIVE TO ENGAG E IN THE 22 2 HOUSE BILL 1485
48	48
49	49
50	50	PROCESS OF COLLECTIV E BARGAINING IN GOOD FAITH OVER THE EMPLOY EES’ 1
51	51	TERMS AND CONDITIONS OF EMPLOYMENT FOR TH E PURPOSE OF ENTERIN G INTO A 2
52	52	COLLECTIVE BARGAININ G AGREEMENT . 3
53	53
54	54	(C) “BOARD” MEANS THE BOARD OF TRUSTEES OF THE WALTERS ART 4
55	55	GALLERY. 5
56	56
57	57	(D) “CERTIFIED EXCLUSIVE R EPRESENTATIVE ” MEANS THE EMPLOYEE 6
58	58	ORGANIZATION THA T HAS BEEN CERTIFIED AS THE COLLECTIVE BA RGAINING 7
59	59	AGENT FOR A BARGAINI NG UNIT. 8
60	60
61	61	(E) “CITY” MEANS THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY. 9
62	62
63	63	(F) “CONFIDENTIAL EMPLOYEE ” MEANS AN EMPLOYEE WH O: 10
64	64
65	65	(1) HAS ACCESS TO CONFIDENTI AL INFORMATION , INCLUDING 11
66	66	BUDGETARY AND FISCAL DATA, SUBJECT TO USE BY TH E EMPLOYER IN COLLEC TIVE 12
67	67	BARGAINING OR IN THE ADJUDICATION OF GRIEVANCES ; OR 13
68	68
69	69	(2) WORKS IN A CLOSE AND CONTINUING CONFIDENT IAL 14
70	70	RELATIONSHIP ASSISTI NG OR AIDING A MANAG EMENT EMPLOYEE . 15
71	71
72	72	(G) “DIRECTOR” MEANS THE DIRECTOR OF THE MUSEUM, OR THE 16
73	73	DIRECTOR’S DESIGNEE. 17
74	74
75	75	(H) (1) “EMPLOYEE” MEANS A FULL–TIME OR PART–TIME EMPLOYEE OF 18
76	76	THE MUSEUM. 19
77	77
78	78	(2) “EMPLOYEE” DOES NOT INCLUDE A C ONFIDENTIAL EMPLOYEE , 20
79	79	MANAGEMENT EMPLOYEE , OR SUPERVISORY EMPLO YEE. 21
80	80
81	81	(I) “EMPLOYEE ORGANIZATION ” MEANS AN ORGANIZATIO N THAT ADMITS 22
82	82	EMPLOYEES OF THE EMP LOYER AS MEMBERS AND HAS AS A PRIMARY PUR POSE THE 23
83	83	REPRESENTATION OF TH E EMPLOYEES IN THEIR RELATIONS WITH THE E MPLOYER. 24
84	84
85	85	(J) “EMPLOYER” MEANS THE MUSEUM. 25
86	86
87	87	(K) “MANAGEMENT EMPLOYEE ” MEANS AN EMPLOYEE WHO GENE RALLY 26
88	88	HAS AUTHORITY AND WH O: 27
89	89
90	90	(1) FORMULATES POLICY THA T IS APPLICABLE THRO UGHOUT A 28
91	91	REPRESENTATION UNIT ; 29
92	92	HOUSE BILL 1485 3
93	93
94	94
95	95	(2) HAS A SIGNIFICANT ROL E IN PERSONNEL ADMIN ISTRATION, 1
96	96	EMPLOYEE RELATIONS , OR THE PREPARATION A ND ADMINISTRATION OF BUDGETS 2
97	97	FOR THE EMPLOYER ; OR 3
98	98
99	99	(3) MAY REASONABLY BE REQ UIRED TO: 4
100	100
101	101	(I) ASSIST DIRECTLY IN TH E PREPARATION FOR AN D CONDUCT 5
102	102	OF COLLECTIVE BARGAI NING NEGOTIATIONS ON BEHALF OF THE EMPLOY ER; OR 6
103	103
104	104	(II) HAVE A MAJOR ROLE IN THE ADMINISTRATION O F 7
105	105	RESULTING COLLECTI VE BARGAINING AGREEM ENTS. 8
106	106
107	107	(L) “MUSEUM” MEANS THE TRUSTEES OF THE WALTERS ART GALLERY, AS 9
108	108	ESTABLISHED BY CHAPTER 217 OF THE ACTS OF THE GENERAL ASSEMBLY OF 1933. 10
109	109
110	110	(M) “SUPERVISORY EMPLOYEE ” MEANS AN EMPLOYEE WH O IS AUTHORIZED 11
111	111	TO: 12
112	112
113	113	(1) HIRE, TRANSFER, SUSPEND, LAY OFF, RECALL, PROMOTE, 13
114	114	DISCHARGE, ASSIGN, REWARD, OR DISCIPLINE EMPLOY EES; 14
115	115
116	116	(2) RESPONSIBLY DIRECT EM PLOYEES FOR MORE THA N 50% OF THE 15
117	117	EMPLOYEE’S WORKING HOURS ; OR 16
118	118
119	119	(3) ADDRESS AND RESOLVE T HE GRIEVANCES OF EMP LOYEES. 17
120	120
121	121	28–2. 18
122	122
123	123	EMPLOYEES OF THE EMPLOYER MAY : 19
124	124
125	125	(1) FORM, JOIN, AND PARTICIPATE IN A N EMPLOYEE ORGANIZAT ION; 20
126	126
127	127	(2) BARGAIN COLLECTIVELY THROUGH A CERTIFIED EXCLUSIVE 21
128	128	REPRESENTATIVE OF TH EIR CHOICE; 22
129	129
130	130	(3) ENGAGE IN LAWFUL CONC ERTED ACTIVITIES FOR THEIR MUTUAL 23
131	131	AID AND PROTECTION ; AND 24
132	132
133	133	(4) REFRAIN FROM ANY ACTI VITY COVERED UNDER I TEMS (1) 25
134	134	THROUGH (3) OF THIS SECTION. 26
135	135
136	136	28–3. 27
137	137	4 HOUSE BILL 1485
138	138
139	139
140	140	(A) THE EMPLOYER SHALL RE COGNIZE THE RIGHT OF THE CERTIFIED 1
141	141	EXCLUSIVE REPRESENTA TIVE TO REPRESENT TH E EMPLOYEES IN THE U NIT IN 2
142	142	COLLECTIVE BARGAININ G AND IN THE GRIEVANCE PROCESS . 3
143	143
144	144	(B) THE CERTIFIED EXCLUSI VE REPRESENTATIVE OF A UNIT SHALL: 4
145	145
146	146	(1) SERVE AS THE SOLE AGE NT FOR THE UNIT IN C OLLECTIVE 5
147	147	BARGAINING; AND 6
148	148
149	149	(2) REPRESENT ALL EMPLOYE ES IN THE UNIT FAIRL Y AND IN GOOD 7
150	150	FAITH, IN A MANNER THAT IS NOT ARBITRARY OR DISCRIM INATORY. 8
151	151
152	152	28–4. 9
153	153
154	154	(A) (1) AN EMPLOYEE ORGANIZAT ION SEEKING CERTIFIC ATION AS THE 10
155	155	EXCLUSIVE REPRESENTA TIVE FOR THE BARGAIN ING UNIT OF EMPLOYEE S MAY FILE 11
156	156	A PETITION WITH THE DIRECTOR INDICATING T HIS INTENT. 12
157	157
158	158	(2) THE PETITION SHALL CO NTAIN: 13
159	159
160	160	(I) A REQUEST THAT THE BOARD RECOGNIZE THE E MPLOYEE 14
161	161	ORGANIZATION AS THE EXCLUSIVE REPRESENTA TIVE OF THE EMPLOYEE S IN THE 15
162	162	BARGAINING UNIT ; 16
163	163
164	164	(II) A STATEMENT THAT THE E MPLOYEE ORGANIZATION IS ONE 17
165	165	IN WHICH EMPLOYEES P ARTICIPATE AND THAT HAS AS ONE OF ITS PU RPOSES THE 18
166	166	REPRESENTATION OF PU BLIC EMPLOYEES IN MA TTERS OF WAGES , HOURS, AND 19
167	167	OTHER TERMS AND COND ITIONS OF EMPLOYMENT ; 20
168	168
169	169	(III) A STATEMENT THAT THE EMPLOYEE ORGANIZ ATION HAS NO 21
170	170	TERMS OR CONDITIONS OF MEMBERSHIP THAT D ISCRIMINATE WITH REG ARD TO 22
171	171	RACE, COLOR, CREED, GENDER, AGE, POLITICAL AFFILIATIO N, NATIONAL ORIGIN , 23
172	172	RELIGION, MARITAL STATUS , OR DISABILITY; AND 24
173	173
174	174	(IV) A STATEMENT THAT THE E MPLOYEE ORGANIZATION HAS IN 25
175	175	ITS POSSESSION WRITT EN PROOF DATED NOT M ORE THAN 1 YEAR BEFORE THE DAY 26
176	176	ON WHICH THE PETITIO N IS FILED ESTABLISH ING THAT AT LEAST 30% OF THE 27
177	177	EMPLOYEES IN THE BAR GAINING UNIT HAVE DE SIGNATED THE EMPLOYE E 28
178	178	ORGANIZATION TO REPR ESENT THEM IN THEIR EMPLOYMENT REL ATIONS WITH THE 29
179	179	EMPLOYER. 30
180	180
181	181	(3) BEFORE A PETITION MAY BE PROCESSED , THE PROOF OF 31
182	182	INTEREST SUBMITTED S HALL BE VERIFIED AS PROVIDED IN THIS SEC TION. 32
183	183	HOUSE BILL 1485 5
184	184
185	185
186	186	(4) THE EMPLOYEE ORGANIZA TION AND THE EMPLOYE R SHALL 1
187	187	EQUALLY BEAR ANY COS TS ASSOCIATED WITH THE VERIFICA TION. 2
188	188
189	189	(B) (1) WHEN AN EMPLOYEE ORGA NIZATION OR EMPLOYEE S IN A 3
190	190	BARGAINING UNIT FILE A PETITION WITH THE DIRECTOR, THE EMPLOYEE 4
191	191	ORGANIZATION OR EMPL OYEES SHALL SUBMIT T O A NEUTRAL DECISION MAKER 5
192	192	FROM THE FEDERAL MEDIATION AND CONCILIATION SERVICE THE 6
193	193	AUTHORIZATION CARDS SIGNED AND DATED BY AT LEAST 30% OF THE EMPLOYEES 7
194	194	IN THE BARGAINING UN IT NOT MORE THAN 1 YEAR BEFORE THE DAY THE P ETITION 8
195	195	WAS FILED INDICATING , AS APPROPRIATE , THAT THE EMPLOYEES H AVE 9
196	196	DESIGNATED THE EMPLO YEE ORGANIZATION TO REPRESE NT THEM IN THEIR 10
197	197	EMPLOYMENT RELATIONS WITH THE MUSEUM ADMINISTRATOR . 11
198	198
199	199	(2) THE EMPLOYEE ORGANIZA TION SHALL COPY THE DIRECTOR ON 12
200	200	THE REQUEST FOR A NE UTRAL DECISION MAKER IN ORDER FOR THE MUSEUM TO 13
201	201	RECEIVE NOTICE OF TH E SELECTION OF THE NEUTRAL DECISION MAK ER FOR THE 14
202	202	CERTIFICATION PROCES S. 15
203	203
204	204	(C) (1) NOT MORE THAN 7 CALENDAR DAYS AFTER THE DAY ON WHICH 16
205	205	THE DIRECTOR RECEIVES NOT ICE OF THE ASSIGNMEN T OF A NEUTRAL DECIS ION 17
206	206	MAKER BY THE FEDERAL MEDIATION AND CONCILIATION SERVICE, THE DIRECTOR 18
207	207	SHALL SUBMIT TO THE NEUTRAL DECISION MAK ER A LIST OF EMPLOYE ES IN THE 19
208	208	BARGAINING UNIT . 20
209	209
210	210	(2) IF THE DIRECTOR FAILS TO SUB MIT THE LIST OF EMPL OYEES TO 21
211	211	THE NEUTRAL DECISION MAKER WITHIN THE REQ UIRED TIME, IT SHALL BE 22
212	212	CONCLUSIVELY DEEMED THAT AT LEAST 30% OF THE EMPLOYEES IN THE 23
213	213	BARGAINING UNIT HAVE INDICATED A DESIRE T O BE REPRESENTED BY THE 24
214	214	EMPLOYEE ORGANIZATIO N. 25
215	215
216	216	(D) (1) THE NEUTRAL DECISION MAKER SHALL CHECK TH E WRITTEN 26
217	217	AUTHORIZATION CARDS SUBMITTED BY THE EMP LOYEE ORGANIZATION O R THE 27
218	218	EMPLOYEES AGAINST T HE LIST OF EMPLOYEES SUBMITTED BY THE DIRECTOR. 28
219	219
220	220	(2) IF THE NEUTRAL DECISI ON MAKER DETERMINES THAT AT LEAST 29
221	221	30% OF THE EMPLOYEES ON THE LIST HAVE INDICA TED A DESIRE TO BE 30
222	222	REPRESENTED BY THE E MPLOYEE ORGANIZATION OR TO DECERTIFY AN E XCLUSIVE 31
223	223	REPRESENTATIV E, THE NEUTRAL DECISION MAKER SHALL NOTIFY T HE DIRECTOR 32
224	224	OF THE DETERMINATION . 33
225	225
226	226	(E) (1) IF THE DIRECTOR DISAGREES WI TH THE PETITIONING E MPLOYEE 34
227	227	ORGANIZATION OR THE PETITIONING EMPLOYEE S AS TO THE INCLUSIO N OR 35
228	228	EXCLUSION OF SPECIFI C EMPLOYEES IN THE B ARGAINING UNIT , THE PARTIES 36 6 HOUSE BILL 1485
229	229
230	230
231	231	SHALL REFER THE ISSU E IMMEDIATELY TO A N EUTRAL DECISION MAKE R FROM THE 1
232	232	FEDERAL MEDIATION AND CONCILIATION SERVICE TO RESOLVE TH E ISSUE. 2
233	233
234	234	(2) THE NEUTRAL DECISION MAKER SHALL HOLD A H EARING ON THE 3
235	235	ISSUE REFERRED UNDER PARAGRAPH (1) OF THIS SUBSECTION W ITH THE 4
236	236	INTERESTED PARTIES P RESENTING EVIDENCE W ITH RESPECT TO THEIR POSITIONS 5
237	237	ON THE ISSUE OF THE INCLUSION OR EXCLUSI ON OF THE EMPLOYEES IN QUESTION. 6
238	238
239	239	(3) THE NEUTRAL DECISION MAKER’S FINDINGS SHALL BE FINAL AND 7
240	240	BINDING ON BOTH PART IES. 8
241	241
242	242	(F) AN ELECTION MAY NOT B E CONDUCTED IN A BAR GAINING UNIT UNLESS 9
243	243	AT LEAST 1 YEAR HAS PASSED SINCE THE L AST ELECTION HELD IN THE BARGAINING 10
244	244	UNIT. 11
245	245
246	246	(G) (1) AFTER A DECISION ON D ISPUTED EMPLOYEE INC LUSION OR 12
247	247	EXCLUSION, IF REQUIRED, THE DIRECTOR SHALL NOTIFY ALL EMPLOYEES WITHIN 13
248	248	THE BARGAINING UNIT THAT AN ELECTION WIL L BE HELD AND REQUES T A NEUTRAL 14
249	249	DECISION MAKER FROM THE FEDERAL MEDIATION AND CONCILIATION SERVICE TO 15
250	250	OVERSEE AND CONDUCT AN ELECTION BY SECRE T BALLOT. 16
251	251
252	252	(2) THE BALLOT FOR AN ELE CTION SHALL INCLUDE THE FOLLOWING 17
253	253	CHOICES: 18
254	254
255	255	(I) IN ACCORDANCE WITH TH E ISSUES PRESENTED B Y THE 19
256	256	PETITION OR PETITION S, EXCLUSIVE REPRESENTA TION BY ANY EMPLOYEE 20
257	257	ORGANIZATION SEEKING TO OBTAIN OR CONTINU E REPRESENTATION RIG HTS; AND 21
258	258
259	259	(II) NO EXCLUSIVE REPRESEN TATION. 22
260	260
261	261	(H) AN EMPLOYEE ORGANIZAT ION MAY INTERVENE IN THE ELECTION AND 23
262	262	HAVE ITS NAME PLACE D ON THE BALLOT IF : 24
263	263
264	264	(1) THE EMPLOYEE ORGANIZA TION FILES A PETITIO N NOT MORE 25
265	265	THAN 15 CALENDAR DAYS AFTER THE DATE ON WHICH TH E ORIGINAL PETITION IS 26
266	266	FILED; 27
267	267
268	268	(2) THE EMPLOYEE ORGANIZA TION CERTIFIES THAT AT LEAST 30% 28
269	269	OF THE EMPLOYEES OF THE UNIT HAVE DESIGN ATED THE EMPLOYEE 29
270	270	ORGANIZATION TO REPR ESENT THEM IN THEIR EMPLOYMENT RELATIONS WITH THE 30
271	271	MUSEUM ADMINISTRATOR ; AND 31
272	272
273	273	(3) THE SHOWING OF INTERE ST IS VERIFIED AS PROVIDED IN THIS 32
274	274	SECTION. 33 HOUSE BILL 1485 7
275	275
276	276
277	277
278	278	(I) (1) THE ELECTION SHALL BE CONDUCTED ACCORDING TO THE 1
279	279	PROCEDURES ESTABLISH ED BY THE FEDERAL MEDIATION AND CONCILIATION 2
280	280	SERVICE NEUTRAL DECIS ION MAKER CONDUCTING THE ELECTION. 3
281	281
282	282	(2) AN EMPLOYEE ORGANIZAT ION SHALL BE CERTIFI ED AS 4
283	283	EXCLUSIVE REPRESENTA TIVE FOLLOWING AN EL ECTION IF THE EMPLOY EE 5
284	284	ORGANIZATION HAS REC EIVED THE VOTE OF A MAJORITY OF THE VALI D VOTES CAST 6
285	285	IN THE BARGAINING UN IT IN WHICH THE ELEC TION IS HELD. 7
286	286
287	287	(3) (I) IF AN ELECTION INCLUD ES THREE OR MORE CHO ICES AND 8
288	288	NO CHOICE RECEIVES A MAJORITY OF THE VALI D VOTES CAST , THE NEUTRAL 9
289	289	DECISION MAKER SHALL CONDUCT A RUNOFF ELE CTION BETWEEN THE TW O 10
290	290	CHOICES THAT RECEIVE D THE LARGEST NUMBER OF VALID VOTES CAST . 11
291	291
292	292	(II) THE CHOICE RECEIVING THE MAJORITY OF THE VALID 12
293	293	VOTES CAST IN THE RUNOFF ELEC TION SHALL BE CERTIF IED. 13
294	294
295	295	(4) THE NEUTRAL DECISION MAKER CONDUCTING THE ELECTION 14
296	296	SHALL ISSUE TO ALL T HE PARTICIPANTS IN A N ELECTION A CERTIFI CATION OF 15
297	297	REPRESENTATION , IF AN EMPLOYEE ORGAN IZATION IS CERTIFIED , OR THE RESULTS 16
298	298	OF THE ELECTION, IF NO REPRESENTATIVE IS CHOSEN. 17
299	299
300	300	(J) (1) IF EMPLOYEES ARE REPR ESENTED BY AN EMPLOY EE 18
301	301	ORGANIZATION , THE EMPLOYEES MAY FILE WITH THE DIRECTOR A PETITION TO 19
302	302	DECERTIFY THE EMPLOY EE ORGANIZATION AS THEIR EXCLUSIVE R EPRESENTATIVE , 20
303	303	IF: 21
304	304
305	305	(I) AT LEAST 1 YEAR HAS ELAPSED SINCE THE LAST ELECTION 22
306	306	TO CERTIFY OR DECERT IFY AN EMPLOYEE ORGANIZATIO N AS THE EMPLOYEES’ 23
307	307	EXCLUSIVE REPRESENTA TIVE; 24
308	308
309	309	(II) A COLLECTIVE BARGAININ G AGREEMENT HAS NOT BEEN IN 25
310	310	PLACE FOR MORE THAN 3 YEARS; OR 26
311	311
312	312	(III) 1. THERE HAS BEEN A COLLECTIVE BARGAIN ING 27
313	313	AGREEMENT IN PLACE FOR 3 OR FEWER YEARS; AND 28
314	314
315	315	2. THE DAY ON WHICH THE PETITION IS FILED WI TH THE 29
316	316	DIRECTOR UNDER THIS PARAGRAPH IS AT LEAST 60 DAYS BUT NOT MORE THAN 90 30
317	317	DAYS BEFORE THE EXPI RATION OF THE COLLEC TIVE BARGAINING AGREEMENT . 31
318	318
319	319	(2) A PETITION FILED WITH THE DIRECTOR UNDER PARAGR APH (1) 32
320	320	OF THIS SUBSECTION S HALL CONTAIN : 33 8 HOUSE BILL 1485
321	321
322	322
323	323
324	324	(I) AN ASSERTION THAT THE MAJORITY OF THE EMPL OYEES NO 1
325	325	LONGER WISH TO BE RE PRESENTED BY THE EMP LOYEE ORGANIZATION ; 2
326	326
327	327	(II) A STATEMENT THAT THE E MPLOYEES HAVE IN THE IR 3
328	328	POSSESSION SUBSTANTI VE DOCUMENTARY PROOF , DATED NOT MORE THAN 6 4
329	329	MONTHS BEFORE THE DA Y ON WHICH THE PETIT ION IS FILED, THAT AT LEAST 30% 5
330	330	OF THE EMPLOYEES WIT HIN THE BARGAINING U NIT APPROVE OF THE 6
331	331	DECERTIFICATION O F THE EMPLOYEE ORGAN IZATION; AND 7
332	332
333	333	(III) A STATEMENT EXPLAINING THAT THE EMPLOYEES A RE 8
334	334	SEEKING DECERTIFICAT ION OF THE EMPLOYEE ORGANIZATION AS THE EXCLUSIVE 9
335	335	REPRESENTATIVE FOR T HE BARGAINING UNIT . 10
336	336
337	337	(3) (I) THE PETITION SHALL BE PROCESSED AS DESCRIB ED IN 11
338	338	THIS SECTION , INCLUDING VERIFICATI ON OF PROOF OF INTER EST AND AN 12
339	339	ELECTION. 13
340	340
341	341	(II) AN EMPLOYEE ORGANIZAT ION SHALL BE DECERTI FIED AS 14
342	342	EXCLUSIVE REPRESENTA TIVE FOLLOWING AN EL ECTION IF THE MAJORI TY OF THE 15
343	343	VALID VOTES CAST IN THE UNIT IN WHICH TH E ELECTION IS HELD ARE FOR NO 16
344	344	REPRESENTATION . 17
345	345
346	346	28–5. 18
347	347
348	348	(A) IF AN EMPLOYEE ORGANI ZATION IS CERTIFIED AS DESCRIBED IN THIS 19
349	349	SUBTITLE, THE EMPLOYER AND THE EMPLOYEE ORGANIZATIO N SHALL ENTER INTO 20
350	350	A COLLECTIVE BARGAIN ING AGREEMENT THAT C ONTAINS PROVISIONS R EGARDING: 21
351	351
352	352	(1) WAGES, HOURS, AND TERMS AND CONDIT IONS OF EMPLOYMENT ; 22
353	353
354	354	(2) THE ORDERLY PROCESSIN G AND SETTLEMENT OF GRIEVANCES 23
355	355	REGARDING THE INTERP RETATION AND IMPLEME NTATION OF THE COLLE CTIVE 24
356	356	BARGAINING AGREEMENT ; 25
357	357
358	358	(3) THE ESTABLISHMENT OF LABOR–MANAGEMENT COMMI TTEES; 26
359	359	AND 27
360	360
361	361	(4) OTHER TOPICS THAT THE PARTIES MAY MUTUALLY AGREE TO 28
362	362	THAT ARE SUITABLE FOR BARGAIN ING. 29
363	363
364	364	(B) (1) THE EMPLOYER AUTOMATI CALLY SHALL DEDUCT F ROM THE 30
365	365	PAYCHECK OF AN EMPLO YEE WHO IS A MEMBER OF THE BARGAINING UN IT 31
366	366	REPRESENTED BY THE C ERTIFIED EXCLUSIVE REPRESENTAT IVE DUES AUTHORIZED 32 HOUSE BILL 1485 9
367	367
368	368
369	369	AND OWED BY THE EMPL OYEE TO THE CERTIFIE D EXCLUSIVE REPRESEN TATIVE IF 1
370	370	THE EMPLOYEE SUBMITS TO THE EMPLOYER A DU ES DEDUCTION AUTHORI ZATION 2
371	371	CARD THAT HAS BEEN D ULY EXECUTED BY THE EMPLOYEE. 3
372	372
373	373	(2) ANY DUES DEDUCTED FROM PAYCHECKS UNDER PARAGRAPH (1) 4
374	374	OF THIS SUBSECTION S HALL BE REMITTED TO THE CERTIFIED EXCLUS IVE 5
375	375	REPRESENTATIVE OR THE CERTIFIED EXC LUSIVE REPRESENTATIV E’S DESIGNEE. 6
376	376
377	377	(3) SUBJECT TO REASONABLE TERMS OF THE AUTHORI ZATION CARD 7
378	378	EXECUTED UNDER PARAG RAPH (1) OF THIS SUBSECTION , THE EMPLOYER 8
379	379	AUTOMATICALLY SHALL STOP MAKING PAYROLL DEDUCTIONS UNDER PAR AGRAPH 9
380	380	(1) OF THIS SUBSECTION O N BEHALF OF A CERTIF IED EXCLUSIVE REPRES ENTATIVE 10
381	381	IF: 11
382	382
383	383	(I) THE CERTIFIED EXCLUSI VE REPRESENTATIVE IS 12
384	384	DECERTIFIED; 13
385	385
386	386	(II) THE EMPLOYEE CEASES TO B E A MEMBER OF THE 14
387	387	BARGAINING UNIT REPR ESENTED BY THE CERTI FIED EXCLUSIVE REPRE SENTATIVE; 15
388	388	OR 16
389	389
390	390	(III) THE EMPLOYEE RESIGNS FROM MEMBERS HIP IN THE 17
391	391	EMPLOYEE ORGANIZATIO N. 18
392	392
393	393	(C) A COLLECTIVE BARGAININ G AGREEMENT ENTERED INTO UNDER 19
394	394	SUBSECTION (A) OF THIS SECTION SHAL L BE EFFECTIVE WHEN FORMALLY ADOPTED 20
395	395	BY THE EMPLOYER AND THE CER TIFIED EXCLUSIVE REP RESENTATIVE . 21
396	396
397	397	28–6. 22
398	398
399	399	(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 23
400	400	THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL REACH 24
401	401	AN AGREEMENT AT LEAST 90 DAYS BEFORE A COLLECTIVE BARGAIN ING 25
402	402	AGREEMENT WILL EXPIR E. 26
403	403
404	404	(2) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE 27
405	405	REPRESENTATIVE MUTUA LLY MAY AGREE TO EXT END NEGOTIATIONS BEFORE THE 28
406	406	COLLECTIVE BARGAININ G AGREEMENT EXPIRES . 29
407	407
408	408	(B) AN IMPASSE IS REACHED DURING THE NEGOTIATI ONS BETWEEN THE 30
409	409	EMPLOYER AND THE CER TIFIED EXCLUSIVE REP RESENTATIVE IF THE E MPLOYER 31
410	410	AND THE CERTIFI ED EXCLUSIVE REPRESE NTATIVE DO NOT REACH AN AGREEMENT 32
411	411	BY: 33
412	412	10 HOUSE BILL 1485
413	413
414	414
415	415	(1) AT LEAST 90 DAYS BEFORE A COLLECTIVE BARGAIN ING 1
416	416	AGREEMENT WILL EXPIR E; OR 2
417	417
418	418	(2) IF NEGOTIATIONS WERE EXTENDED, THE DATE TO WHICH 3
419	419	NEGOTIATIONS WERE EX TENDED UNDER SUBSECT ION (A)(2) OF THIS SECTION. 4
420	420
421	421	(C) (1) IF AN IMPASSE IS REAC HED UNDER SUBSECTION (B) OF THIS 5
422	422	SECTION, THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL 6
423	423	SUBMIT A FINAL OFFER TO THE OTHER PARTY W ITHIN 48 HOURS AFTER THE 7
424	424	IMPASSE IS REACHED . 8
425	425
426	426	(2) UNLESS THE IMPASSE REACHED UNDER SUBSEC TION (B) OF THIS 9
427	427	SECTION HAS BEEN RES OLVED, THE DISPUTE AND THE FINAL OFFERS SHALL B E 10
428	428	SUBMITTED TO THE MED IATOR SELECTED BY TH E PARTIES IN ACCORDA NCE WITH 11
429	429	SUBSECTION (D) OF THIS SECTION. 12
430	430
431	431	(D) (1) WITHIN 30 DAYS AFTER A MEDIATO R IS SELECTED BY THE 13
432	432	PARTIES, THE MEDIATOR SHALL : 14
433	433
434	434	(I) MEET WITH THE DIRECTOR AND THE CERT IFIED EXCLUSIVE 15
435	435	REPRESENTATIVE ; AND 16
436	436
437	437	(II) MAKE WRITTEN FINDINGS OF FACT AND 17
438	438	RECOMMENDATIONS FOR THE RESOLUTION OF TH E DISPUTE IN ACCORDA NCE WITH 18
439	439	THIS SUBSECTION . 19
440	440
441	441	(2) (I) IF THE PARTIES ARE UN ABLE TO AGREE ON A M EDIATOR, 20
442	442	THEY SHALL REQUEST A LIST OF SEVEN MEDIAT ORS FROM THE FEDERAL 21
443	443	MEDIATION AND CONCILIATION SERVICE. 22
444	444
445	445	(II) WITHIN 3 WORKING DAYS AFTER R ECEIVING THE LIST 23
446	446	UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE PA RTIES SHALL 24
447	447	ALTERNATELY REMOVE O NE MEDIATOR FROM THE LIST UNTIL ONLY ONE MEDIATOR 25
448	448	REMAINS, WHO THE PARTIES SHAL L AGREE WILL SERVE A S THE MEDIATOR UNDER 26
449	449	THIS SUBSECTION . 27
450	450
451	451	(3) THE MEDIATOR SHALL AC T AS AN INTERMEDIARY IN BRINGING 28
452	452	THE PARTIES TOGETHER AND SHALL ACTIVELY ASSIST THE PARTIES IN RESOL VING 29
453	453	THE DISPUTE BY: 30
454	454
455	455	(I) CONDUCTING PROCEEDING S IN ACCORDANCE WITH THIS 31
456	456	SUBSECTION; 32
457	457
458	458	(II) REVIEWING THE FINAL P OSITIONS OF THE PART IES; 33 HOUSE BILL 1485 11
459	459
460	460
461	461
462	462	(III) IDENTIFYING THE MAJOR ISSUES IN THE DISPUT E BETWEEN 1
463	463	THE PARTIES; 2
464	464
465	465	(IV) REVIEWING THE POSITIO NS OF THE PARTIES ; AND 3
466	466
467	467	(V) RECOMMENDING A RESOLU TION FOR THE AGREEME NT OF 4
468	468	THE PARTIES. 5
469	469
470	470	(4) A RESOLUTION UNDER THI S SUBSECTION: 6
471	471
472	472	(I) SHALL ADDRESS MATTERS SUCH AS WAGES , HOURS, OR 7
473	473	TERMS AND CONDITIONS OF EMPLOYMENT; 8
474	474
475	475	(II) MAY NOT INCLUDE HEALT H CARE BENEFITS THAT ARE 9
476	476	PROVIDED BY THE CITY; AND 10
477	477
478	478	(III) MAY NOT EXCEED 1 FISCAL YEAR, UNLESS AGREED TO BY 11
479	479	THE PARTIES. 12
480	480
481	481	(5) BEFORE ISSUING A FINA L DECISION, THE MEDIATOR SHALL T AKE 13
482	482	INTO CONSIDERATION , AMONG ANY OTHER RELEVANT FACTO RS: 14
483	483
484	484	(I) THE WAGES AND PENSION BENEFITS, NOT INCLUDING 15
485	485	HEALTH CARE BENEFITS THAT ARE PROVIDED BY THE CITY, OF THE EMPLOYEES OF 16
486	486	THE BARGAINING UNIT ; 17
487	487
488	488	(II) THE WAGES AND PENSION BENEFITS OF OTHER SI MILARLY 18
489	489	SITUATED EMPLOYEES P ERFORMING SIMILAR SERVICES IN MUSEUMS OF 19
490	490	COMPARABLE JURISDICT IONS TO BALTIMORE CITY IN THE MID–ATLANTIC 20
491	491	REGION, TAKING INTO CONSIDER ATION THE COST–OF–LIVING INDEX FOR THE AREA 21
492	492	IN WHICH THE COMPARA BLE MUSEUM IS LOCATED; 22
493	493
494	494	(III) WAGES AND PENSION BEN EFITS OF SIMILARLY S ITUATED 23
495	495	BALTIMORE CITY EMPLOYEES; 24
496	496
497	497	(IV) THE LAST PUBLISHED AN NUAL U.S. DEPARTMENT OF 25
498	498	LABOR CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR ALL ITEMS IN 26
499	499	THE WASHINGTON–BALTIMORE AREA ; 27
500	500
501	501	(V) THE SPECIAL NATURE OF THE WORK PERFORMED B Y THE 28
502	502	EMPLOYEES OF THE BAR GAINING UNIT, INCLUDING: 29
503	503
504	504	1. PHYSICAL REQUIREMENTS OF EMPLOYMENT ; 30 12 HOUSE BILL 1485
505	505
506	506
507	507
508	508	2. EDUCATIONAL REQUIREME NTS; 1
509	509
510	510	3. ATTAINMENT OF KNOWLE DGE OF AN ADVANCED T YPE 2
511	511	IN A FIELD OF SCIENC E OR LEARNING; 3
512	512
513	513	4. JOB TRAINING AND JOB SKI LLS; AND 4
514	514
515	515	5. SHIFT ASSIGNMENTS AND THE DEMANDS PLACED O N 5
516	516	THE EMPLOYEES COMPAR ED TO THE DEMANDS PL ACED ON OTHER SIMILA RLY 6
517	517	SITUATED MUSEUM EMPLOYEES IN COMPARA BLE JURISDICTIONS TO BALTIMORE 7
518	518	CITY; 8
519	519
520	520	(VI) STATE AND BALTIMORE CITY MANDATED EXPENDITURES ; 9
521	521
522	522	(VII) AVAILABILITY OF FUND S, INCLUDING FINANCIAL SOURCES 10
523	523	OF REVENUE; AND 11
524	524
525	525	(VIII) THE INTEREST AND WELF ARE OF THE PUBLIC . 12
526	526
527	527	(7) A MEDIATOR MAY NOT CONSIDER TESTIMONY RE GARDING FUNDS 13
528	528	EARMARKED FOR CAPITAL IMPROVEM ENTS, RESERVE FUNDS, OR THE NONINCOME 14
529	529	PORTION OF ENDOWMENT S. 15
530	530
531	531	(8) (I) THE PARTIES ARE STRON GLY ENCOURAGED TO RE ACH AN 16
532	532	AGREEMENT ON ALL ISS UES WHENEVER POSSIBL E. 17
533	533
534	534	(II) IF NO AGREEMENT CAN B E REACHED BY THE PAR TIES, THE 18
535	535	MEDIATOR SHALL ISSUE A REPORT WITH THE ME DIATOR’S DECISION, INCLUDING 19
536	536	WRITTEN FINDINGS OF FACT. 20
537	537
538	538	(9) THE MEDIATOR MAY ADOP T A PACKAGE OF FINAL POSITIONS OR 21
539	539	RULE ON EACH MATTER SEPARATELY. 22
540	540
541	541	(10) COPIES OF THE MEDIATO R’S WRITTEN FINDINGS A ND 23
542	542	RECOMMENDATIONS SHAL L BE SUBMITTED TO TH E DIRECTOR AND THE CERTIFIED 24
543	543	EXCLUSIVE REPRESENTA TIVE WITHIN 30 DAYS AFTER THE REPORT REQUIRED 25
544	544	UNDER PARAGRAPH (8)(II) OF THIS SUBSECTION IS ISSUED. 26
545	545
546	546	(11) ANY COSTS ASSOCIATED WITH THIS SUBSECTION SHALL BE 27
547	547	SHARED EQUALLY BY TH E EMPLOYER AND THE C ERTIFIED EXCLUSIVE 28
548	548	REPRESENTATIVE. 29
549	549	HOUSE BILL 1485 13
550	550
551	551
552	552	(12) THIS SUBSECTION MAY N OT BE CONSTRUED TO I NTERFERE WITH 1
553	553	ANY EFFORTS THE PART IES MAY UNDERTAKE TO REACH AN AGREEMENT A T ANY 2
554	554	TIME. 3
555	555
556	556	(13) THIS SUBSECTION SHALL BE THE EXCLUSIVE PRO CEDURE FOR 4
557	557	RESOLVING DISPUTES B ETWEEN THE PARTIES , UNLESS THE PARTIES, BY MUTUAL 5
558	558	AGREEMENT , DETERMINE TO USE ANO THER METHOD OF DISPU TE RESOLUTION . 6
559	559
560	560	(E) (1) THE DIRECTOR SHALL SUBMIT THE FINDINGS AND 7
561	561	RECOMMENDATIONS OF T HE MEDIATOR TO THE BOARD AND THE CITY IN A TIMELY 8
562	562	MANNER CONSISTENT WI TH THE TIMING OF PAR AGRAPH (2) OF THIS SUBSECTION . 9
563	563
564	564	(2) THE BOARD SHALL APPROVE A LL RECOMMENDATIONS A ND 10
565	565	FINDINGS OF THE MEDI ATOR THAT DO NOT REL ATE TO A FINANCIAL I SSUE OR 11
566	566	REQUIRE AN APPROPRIA TION OF ADDITIONAL F UNDS WITHIN 5 DAYS OF THE 12
567	567	MEDIATOR’S DECISION. 13
568	568
569	569	28–7. 14
570	570
571	571	(A) THE EMPLOYER MAY NOT : 15
572	572
573	573	(1) INTERFERE WITH , COERCE, UNDULY INFLUENCE , OR RESTRAIN 16
574	574	AN EMPLOYEE ’S EXERCISE OF RIGHTS UNDER THIS SUBTITLE ; 17
575	575
576	576	(2) DOMINATE, INTERFERE WITH , ASSIST IN THE FORMAT ION, 18
577	577	ADMINISTRATION , OR EXISTENCE OF , OR CONTRIBUTE FINANC IAL ASSISTANCE OR 19
578	578	OTHER SUPPORT TO AN EMPLOYEE ORGANIZATIO N; 20
579	579
580	580	(3) ENCOURAGE OR DISCOURA GE MEMBERSHIP IN AN EMPLOYEE 21
581	581	ORGANIZATION BY DISC RIMINATING AGAINST A N EMPLOYEE THROUGH H IRING, 22
582	582	TENURE, PROMOTION , OR OTHER CONDITIONS OF EMPLOYMENT ; OR 23
583	583
584	584	(4) REFUSE TO BARGAIN IN GOOD FAITH WITH AN E MPLOYEE 24
585	585	ORGANIZATION THAT IS THE EXCLUSIVE REPRES ENTATIVE OF THE EMPL OYEES. 25
586	586
587	587	(B) AN EMPLOYEE ORGANIZAT ION MAY NOT: 26
588	588
589	589	(1) INTERFERE WITH , COERCE, UNDULY INFLUENCE , OR RESTRAIN 27
590	590	AN EMPLOYEE ’S EXERCISE OF RIGHTS UNDER THIS SUBTITLE ; 28
591	591
592	592	(2) CAUSE OR ATTEMPT TO C AUSE THE EMPLOYER TO DISCRIMINATE 29
593	593	AGAINST AN EMPLOYEE BECAUSE THE EMPLOYEE EXERCISES A RIGHT UN DER THIS 30
594	594	SUBTITLE; 31
595	595	14 HOUSE BILL 1485
596	596
597	597
598	598	(3) DISCIPLINE OR FINE A MEMBER OF THE EMPLOY EE 1
599	599	ORGANIZATION AS PUNI SHMENT OR REPRISAL ; 2
600	600
601	601	(4) DISCIPLINE OR FINE A MEMBER OF THE EMPLOY EE 3
602	602	ORGANIZATION FOR THE PURPOSE OF IMPEDING THE MEMBER ’S WORK 4
603	603	PERFORMANCE ; OR 5
604	604
605	605	(5) REFUSE TO BARGAIN IN GOOD FAITH WITH THE EMPLOYER OR TO 6
606	606	PARTICIPATE IN GOOD FAITH IN A PROCEDURE UNDER THIS SUBTITLE . 7
607	607
608	608	(C) (1) AN EMPLOYEE WHO IS A MEMBER OF A BARGAINI NG UNIT WITH A 8
609	609	CERTIFIED EXCLUSIVE REPRESENTA TIVE MAY, WITHOUT THE INTERVEN TION OF AN 9
610	610	EMPLOYEE ORGANIZATIO N, DISCUSS ANY MATTER W ITH THE EMPLOYER . 10
611	611
612	612	(2) THIS SUBSECTION DOES NOT WAIVE THE RIGHT OF THE 11
613	613	EMPLOYEE ORGANIZATIO N TO BE THE EX CLUSIVE BARGAINING R EPRESENTATIVE 12
614	614	FOR ISSUES RELATED T O WAGES, HOURS, AND WORKING CONDITIO NS AND IS NOT 13
615	615	INTENDED TO CREATE A N ALTERNATE PATH TO ALTER TERMS AND COND ITIONS OF 14
616	616	THE COLLECTIVE BARGA INING AGREEMENT BETW EEN THE PARTIES . 15
617	617
618	618	28–8. 16
619	619
620	620	(A) SUBJECT TO ANY OTHER APPLICABLE LAWS, IT IS THE EXCLUSIVE 17
621	621	RIGHT OF THE EMPLOYE R TO: 18
622	622
623	623	(1) DETERMINE THE PURPOSE S AND OBJECTIVES OF EACH OF ITS 19
624	624	CONSTITUENT OFFICES AND DEPARTMENTS ; 20
625	625
626	626	(2) SET STANDARDS OF SERV ICES TO BE OFFERED T O THE PUBLIC; 21
627	627	AND 22
628	628
629	629	(3) EXERCISE CONTROL AND DISCRETI ON OVER ITS ORGANIZA TION 23
630	630	AND OPERATIONS . 24
631	631
632	632	(B) SUBJECT TO APPLICABLE PROVISIONS OF A COLL ECTIVE BARGAINING 25
633	633	AGREEMENT AND IN ACCORDANCE WITH OTHER APPLICABLE LAW S, THE EMPLOYER 26
634	634	MAY: 27
635	635
636	636	(1) DIRECT ITS EMPLOYEES ; 28
637	637
638	638	(2) HIRE, PROMOTE, TRANSFER, ASSIGN, OR RETAIN EMPLOYEES ; 29
639	639
640	640	(3) ESTABLISH REASONABLE WORK RULES ; AND 30
641	641	HOUSE BILL 1485 15
642	642
643	643
644	644	(4) DEMOTE, SUSPEND, DISCHARGE, OR TAKE ANY OTHER 1
645	645	DISCIPLINARY ACTION AGAINST ITS EMPLOYEE S FOR JUST CAUSE . 2
646	646
647	647	(C) THE PROVISIONS OF THI S SECTION SHALL BE D EEMED TO BE PART OF 3
648	648	EVERY AGREEMENT EXEC UTED BETWEEN THE EMP LOYER AND A CERTIFIE D 4
649	649	EXCLUSIVE REPRESENTA TIVE. 5
650	650
651	651	(D) THIS SECTION MAY NOT BE CONSTRUED TO DENY THE RIGHT OF AN 6
652	652	EMPLOYEE TO SUBMIT A GRIEVANCE WITH REGAR D TO THE EMPLOYER ’S EXERCISE 7
653	653	OF ITS RIGHTS UNDER THIS SECTION. 8
654	654
655	655	(E) EXCEPT AS OTHERWISE P ROVIDED BY LAW , IF EMPLOYEES HAVE 9
656	656	ENTERED INTO A COLLE CTIVE BARGAINING AGR EEMENT WITH THE EMPL OYER 10
657	657	UNDER THIS SUBTITLE , THE COLLECTIVE BARGA INING AGREEMENT ENTE RED INTO 11
658	658	SUPERSEDES ANY CONFL ICTING REGULATION OR ADMINISTRATIVE POL ICY OF THE 12
659	659	EMPLOYER. 13
660	660
661	661	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
662	662	October 1, 2022. 15
663	663