EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1485*
HOUSE BILL 1485
L6, L2 2lr3140
By: Delegate Wells
Rules suspended
Introduced and read first time: March 5, 2022
Assigned to: Rules and Executive Nominations
A BILL ENTITLED
AN ACT concerning 1
Trustees of the Walters Art Gallery – Collective Bargaining 2
FOR the purpose of authorizing employees of the Trustees of the Walters Art Gallery to 3
form, join, and participate in an employee organization and engage in certain other 4
activities related to collective bargaining; and generally relating to collective 5
bargaining for employees of the Trustees of the Walters Art Gallery. 6
BY adding to 7
The Public Local Laws of Baltimore City 8
Section 28–1 through 28–8 to be under the new subtitle “Subtitle 28. Trustees of the 9
Walters Art Gallery – Collective Bargaining” 10
Article 4 – Public Local Laws of Maryland 11
(1979 Edition and 1997 Supplement, and 2000 Supplement, as amended) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article 4 – Baltimore City 15
SUBTITLE 28. TRUSTEES OF THE WALTERS ART GALLERY – COLLECTIVE 16
BARGAINING. 17
28–1. 18
(A) IN THIS SUBTITLE THE FOLLOWI NG WORDS HAVE THE ME ANINGS 19
INDICATED. 20
(B) “BARGAIN IN GOOD FAITH ” MEANS THE MUTUAL OBL IGATIONS OF THE 21
EMPLOYER AND THE CER TIFIED EXCLUSIVE REP RESENTATIVE TO ENGAG E IN THE 22 2 HOUSE BILL 1485
PROCESS OF COLLECTIV E BARGAINING IN GOOD FAITH OVER THE EMPLOY EES’ 1
TERMS AND CONDITIONS OF EMPLOYMENT FOR TH E PURPOSE OF ENTERIN G INTO A 2
COLLECTIVE BARGAININ G AGREEMENT . 3
(C) “BOARD” MEANS THE BOARD OF TRUSTEES OF THE WALTERS ART 4
GALLERY. 5
(D) “CERTIFIED EXCLUSIVE R EPRESENTATIVE ” MEANS THE EMPLOYEE 6
ORGANIZATION THA T HAS BEEN CERTIFIED AS THE COLLECTIVE BA RGAINING 7
AGENT FOR A BARGAINI NG UNIT. 8
(E) “CITY” MEANS THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY. 9
(F) “CONFIDENTIAL EMPLOYEE ” MEANS AN EMPLOYEE WH O: 10
(1) HAS ACCESS TO CONFIDENTI AL INFORMATION , INCLUDING 11
BUDGETARY AND FISCAL DATA, SUBJECT TO USE BY TH E EMPLOYER IN COLLEC TIVE 12
BARGAINING OR IN THE ADJUDICATION OF GRIEVANCES ; OR 13
(2) WORKS IN A CLOSE AND CONTINUING CONFIDENT IAL 14
RELATIONSHIP ASSISTI NG OR AIDING A MANAG EMENT EMPLOYEE . 15
(G) “DIRECTOR” MEANS THE DIRECTOR OF THE MUSEUM, OR THE 16
DIRECTOR’S DESIGNEE. 17
(H) (1) “EMPLOYEE” MEANS A FULL–TIME OR PART–TIME EMPLOYEE OF 18
THE MUSEUM. 19
(2) “EMPLOYEE” DOES NOT INCLUDE A C ONFIDENTIAL EMPLOYEE , 20
MANAGEMENT EMPLOYEE , OR SUPERVISORY EMPLO YEE. 21
(I) “EMPLOYEE ORGANIZATION ” MEANS AN ORGANIZATIO N THAT ADMITS 22
EMPLOYEES OF THE EMP LOYER AS MEMBERS AND HAS AS A PRIMARY PUR POSE THE 23
REPRESENTATION OF TH E EMPLOYEES IN THEIR RELATIONS WITH THE E MPLOYER. 24
(J) “EMPLOYER” MEANS THE MUSEUM. 25
(K) “MANAGEMENT EMPLOYEE ” MEANS AN EMPLOYEE WHO GENE RALLY 26
HAS AUTHORITY AND WH O: 27
(1) FORMULATES POLICY THA T IS APPLICABLE THRO UGHOUT A 28
REPRESENTATION UNIT ; 29
HOUSE BILL 1485 3
(2) HAS A SIGNIFICANT ROL E IN PERSONNEL ADMIN ISTRATION, 1
EMPLOYEE RELATIONS , OR THE PREPARATION A ND ADMINISTRATION OF BUDGETS 2
FOR THE EMPLOYER ; OR 3
(3) MAY REASONABLY BE REQ UIRED TO: 4
(I) ASSIST DIRECTLY IN TH E PREPARATION FOR AN D CONDUCT 5
OF COLLECTIVE BARGAI NING NEGOTIATIONS ON BEHALF OF THE EMPLOY ER; OR 6
(II) HAVE A MAJOR ROLE IN THE ADMINISTRATION O F 7
RESULTING COLLECTI VE BARGAINING AGREEM ENTS. 8
(L) “MUSEUM” MEANS THE TRUSTEES OF THE WALTERS ART GALLERY, AS 9
ESTABLISHED BY CHAPTER 217 OF THE ACTS OF THE GENERAL ASSEMBLY OF 1933. 10
(M) “SUPERVISORY EMPLOYEE ” MEANS AN EMPLOYEE WH O IS AUTHORIZED 11
TO: 12
(1) HIRE, TRANSFER, SUSPEND, LAY OFF, RECALL, PROMOTE, 13
DISCHARGE, ASSIGN, REWARD, OR DISCIPLINE EMPLOY EES; 14
(2) RESPONSIBLY DIRECT EM PLOYEES FOR MORE THA N 50% OF THE 15
EMPLOYEE’S WORKING HOURS ; OR 16
(3) ADDRESS AND RESOLVE T HE GRIEVANCES OF EMP LOYEES. 17
28–2. 18
EMPLOYEES OF THE EMPLOYER MAY : 19
(1) FORM, JOIN, AND PARTICIPATE IN A N EMPLOYEE ORGANIZAT ION; 20
(2) BARGAIN COLLECTIVELY THROUGH A CERTIFIED EXCLUSIVE 21
REPRESENTATIVE OF TH EIR CHOICE; 22
(3) ENGAGE IN LAWFUL CONC ERTED ACTIVITIES FOR THEIR MUTUAL 23
AID AND PROTECTION ; AND 24
(4) REFRAIN FROM ANY ACTI VITY COVERED UNDER I TEMS (1) 25
THROUGH (3) OF THIS SECTION. 26
28–3. 27
4 HOUSE BILL 1485
(A) THE EMPLOYER SHALL RE COGNIZE THE RIGHT OF THE CERTIFIED 1
EXCLUSIVE REPRESENTA TIVE TO REPRESENT TH E EMPLOYEES IN THE U NIT IN 2
COLLECTIVE BARGAININ G AND IN THE GRIEVANCE PROCESS . 3
(B) THE CERTIFIED EXCLUSI VE REPRESENTATIVE OF A UNIT SHALL: 4
(1) SERVE AS THE SOLE AGE NT FOR THE UNIT IN C OLLECTIVE 5
BARGAINING; AND 6
(2) REPRESENT ALL EMPLOYE ES IN THE UNIT FAIRL Y AND IN GOOD 7
FAITH, IN A MANNER THAT IS NOT ARBITRARY OR DISCRIM INATORY. 8
28–4. 9
(A) (1) AN EMPLOYEE ORGANIZAT ION SEEKING CERTIFIC ATION AS THE 10
EXCLUSIVE REPRESENTA TIVE FOR THE BARGAIN ING UNIT OF EMPLOYEE S MAY FILE 11
A PETITION WITH THE DIRECTOR INDICATING T HIS INTENT. 12
(2) THE PETITION SHALL CO NTAIN: 13
(I) A REQUEST THAT THE BOARD RECOGNIZE THE E MPLOYEE 14
ORGANIZATION AS THE EXCLUSIVE REPRESENTA TIVE OF THE EMPLOYEE S IN THE 15
BARGAINING UNIT ; 16
(II) A STATEMENT THAT THE E MPLOYEE ORGANIZATION IS ONE 17
IN WHICH EMPLOYEES P ARTICIPATE AND THAT HAS AS ONE OF ITS PU RPOSES THE 18
REPRESENTATION OF PU BLIC EMPLOYEES IN MA TTERS OF WAGES , HOURS, AND 19
OTHER TERMS AND COND ITIONS OF EMPLOYMENT ; 20
(III) A STATEMENT THAT THE EMPLOYEE ORGANIZ ATION HAS NO 21
TERMS OR CONDITIONS OF MEMBERSHIP THAT D ISCRIMINATE WITH REG ARD TO 22
RACE, COLOR, CREED, GENDER, AGE, POLITICAL AFFILIATIO N, NATIONAL ORIGIN , 23
RELIGION, MARITAL STATUS , OR DISABILITY; AND 24
(IV) A STATEMENT THAT THE E MPLOYEE ORGANIZATION HAS IN 25
ITS POSSESSION WRITT EN PROOF DATED NOT M ORE THAN 1 YEAR BEFORE THE DAY 26
ON WHICH THE PETITIO N IS FILED ESTABLISH ING THAT AT LEAST 30% OF THE 27
EMPLOYEES IN THE BAR GAINING UNIT HAVE DE SIGNATED THE EMPLOYE E 28
ORGANIZATION TO REPR ESENT THEM IN THEIR EMPLOYMENT REL ATIONS WITH THE 29
EMPLOYER. 30
(3) BEFORE A PETITION MAY BE PROCESSED , THE PROOF OF 31
INTEREST SUBMITTED S HALL BE VERIFIED AS PROVIDED IN THIS SEC TION. 32
HOUSE BILL 1485 5
(4) THE EMPLOYEE ORGANIZA TION AND THE EMPLOYE R SHALL 1
EQUALLY BEAR ANY COS TS ASSOCIATED WITH THE VERIFICA TION. 2
(B) (1) WHEN AN EMPLOYEE ORGA NIZATION OR EMPLOYEE S IN A 3
BARGAINING UNIT FILE A PETITION WITH THE DIRECTOR, THE EMPLOYEE 4
ORGANIZATION OR EMPL OYEES SHALL SUBMIT T O A NEUTRAL DECISION MAKER 5
FROM THE FEDERAL MEDIATION AND CONCILIATION SERVICE THE 6
AUTHORIZATION CARDS SIGNED AND DATED BY AT LEAST 30% OF THE EMPLOYEES 7
IN THE BARGAINING UN IT NOT MORE THAN 1 YEAR BEFORE THE DAY THE P ETITION 8
WAS FILED INDICATING , AS APPROPRIATE , THAT THE EMPLOYEES H AVE 9
DESIGNATED THE EMPLO YEE ORGANIZATION TO REPRESE NT THEM IN THEIR 10
EMPLOYMENT RELATIONS WITH THE MUSEUM ADMINISTRATOR . 11
(2) THE EMPLOYEE ORGANIZA TION SHALL COPY THE DIRECTOR ON 12
THE REQUEST FOR A NE UTRAL DECISION MAKER IN ORDER FOR THE MUSEUM TO 13
RECEIVE NOTICE OF TH E SELECTION OF THE NEUTRAL DECISION MAK ER FOR THE 14
CERTIFICATION PROCES S. 15
(C) (1) NOT MORE THAN 7 CALENDAR DAYS AFTER THE DAY ON WHICH 16
THE DIRECTOR RECEIVES NOT ICE OF THE ASSIGNMEN T OF A NEUTRAL DECIS ION 17
MAKER BY THE FEDERAL MEDIATION AND CONCILIATION SERVICE, THE DIRECTOR 18
SHALL SUBMIT TO THE NEUTRAL DECISION MAK ER A LIST OF EMPLOYE ES IN THE 19
BARGAINING UNIT . 20
(2) IF THE DIRECTOR FAILS TO SUB MIT THE LIST OF EMPL OYEES TO 21
THE NEUTRAL DECISION MAKER WITHIN THE REQ UIRED TIME, IT SHALL BE 22
CONCLUSIVELY DEEMED THAT AT LEAST 30% OF THE EMPLOYEES IN THE 23
BARGAINING UNIT HAVE INDICATED A DESIRE T O BE REPRESENTED BY THE 24
EMPLOYEE ORGANIZATIO N. 25
(D) (1) THE NEUTRAL DECISION MAKER SHALL CHECK TH E WRITTEN 26
AUTHORIZATION CARDS SUBMITTED BY THE EMP LOYEE ORGANIZATION O R THE 27
EMPLOYEES AGAINST T HE LIST OF EMPLOYEES SUBMITTED BY THE DIRECTOR. 28
(2) IF THE NEUTRAL DECISI ON MAKER DETERMINES THAT AT LEAST 29
30% OF THE EMPLOYEES ON THE LIST HAVE INDICA TED A DESIRE TO BE 30
REPRESENTED BY THE E MPLOYEE ORGANIZATION OR TO DECERTIFY AN E XCLUSIVE 31
REPRESENTATIV E, THE NEUTRAL DECISION MAKER SHALL NOTIFY T HE DIRECTOR 32
OF THE DETERMINATION . 33
(E) (1) IF THE DIRECTOR DISAGREES WI TH THE PETITIONING E MPLOYEE 34
ORGANIZATION OR THE PETITIONING EMPLOYEE S AS TO THE INCLUSIO N OR 35
EXCLUSION OF SPECIFI C EMPLOYEES IN THE B ARGAINING UNIT , THE PARTIES 36 6 HOUSE BILL 1485
SHALL REFER THE ISSU E IMMEDIATELY TO A N EUTRAL DECISION MAKE R FROM THE 1
FEDERAL MEDIATION AND CONCILIATION SERVICE TO RESOLVE TH E ISSUE. 2
(2) THE NEUTRAL DECISION MAKER SHALL HOLD A H EARING ON THE 3
ISSUE REFERRED UNDER PARAGRAPH (1) OF THIS SUBSECTION W ITH THE 4
INTERESTED PARTIES P RESENTING EVIDENCE W ITH RESPECT TO THEIR POSITIONS 5
ON THE ISSUE OF THE INCLUSION OR EXCLUSI ON OF THE EMPLOYEES IN QUESTION. 6
(3) THE NEUTRAL DECISION MAKER’S FINDINGS SHALL BE FINAL AND 7
BINDING ON BOTH PART IES. 8
(F) AN ELECTION MAY NOT B E CONDUCTED IN A BAR GAINING UNIT UNLESS 9
AT LEAST 1 YEAR HAS PASSED SINCE THE L AST ELECTION HELD IN THE BARGAINING 10
UNIT. 11
(G) (1) AFTER A DECISION ON D ISPUTED EMPLOYEE INC LUSION OR 12
EXCLUSION, IF REQUIRED, THE DIRECTOR SHALL NOTIFY ALL EMPLOYEES WITHIN 13
THE BARGAINING UNIT THAT AN ELECTION WIL L BE HELD AND REQUES T A NEUTRAL 14
DECISION MAKER FROM THE FEDERAL MEDIATION AND CONCILIATION SERVICE TO 15
OVERSEE AND CONDUCT AN ELECTION BY SECRE T BALLOT. 16
(2) THE BALLOT FOR AN ELE CTION SHALL INCLUDE THE FOLLOWING 17
CHOICES: 18
(I) IN ACCORDANCE WITH TH E ISSUES PRESENTED B Y THE 19
PETITION OR PETITION S, EXCLUSIVE REPRESENTA TION BY ANY EMPLOYEE 20
ORGANIZATION SEEKING TO OBTAIN OR CONTINU E REPRESENTATION RIG HTS; AND 21
(II) NO EXCLUSIVE REPRESEN TATION. 22
(H) AN EMPLOYEE ORGANIZAT ION MAY INTERVENE IN THE ELECTION AND 23
HAVE ITS NAME PLACE D ON THE BALLOT IF : 24
(1) THE EMPLOYEE ORGANIZA TION FILES A PETITIO N NOT MORE 25
THAN 15 CALENDAR DAYS AFTER THE DATE ON WHICH TH E ORIGINAL PETITION IS 26
FILED; 27
(2) THE EMPLOYEE ORGANIZA TION CERTIFIES THAT AT LEAST 30% 28
OF THE EMPLOYEES OF THE UNIT HAVE DESIGN ATED THE EMPLOYEE 29
ORGANIZATION TO REPR ESENT THEM IN THEIR EMPLOYMENT RELATIONS WITH THE 30
MUSEUM ADMINISTRATOR ; AND 31
(3) THE SHOWING OF INTERE ST IS VERIFIED AS PROVIDED IN THIS 32
SECTION. 33 HOUSE BILL 1485 7
(I) (1) THE ELECTION SHALL BE CONDUCTED ACCORDING TO THE 1
PROCEDURES ESTABLISH ED BY THE FEDERAL MEDIATION AND CONCILIATION 2
SERVICE NEUTRAL DECIS ION MAKER CONDUCTING THE ELECTION. 3
(2) AN EMPLOYEE ORGANIZAT ION SHALL BE CERTIFI ED AS 4
EXCLUSIVE REPRESENTA TIVE FOLLOWING AN EL ECTION IF THE EMPLOY EE 5
ORGANIZATION HAS REC EIVED THE VOTE OF A MAJORITY OF THE VALI D VOTES CAST 6
IN THE BARGAINING UN IT IN WHICH THE ELEC TION IS HELD. 7
(3) (I) IF AN ELECTION INCLUD ES THREE OR MORE CHO ICES AND 8
NO CHOICE RECEIVES A MAJORITY OF THE VALI D VOTES CAST , THE NEUTRAL 9
DECISION MAKER SHALL CONDUCT A RUNOFF ELE CTION BETWEEN THE TW O 10
CHOICES THAT RECEIVE D THE LARGEST NUMBER OF VALID VOTES CAST . 11
(II) THE CHOICE RECEIVING THE MAJORITY OF THE VALID 12
VOTES CAST IN THE RUNOFF ELEC TION SHALL BE CERTIF IED. 13
(4) THE NEUTRAL DECISION MAKER CONDUCTING THE ELECTION 14
SHALL ISSUE TO ALL T HE PARTICIPANTS IN A N ELECTION A CERTIFI CATION OF 15
REPRESENTATION , IF AN EMPLOYEE ORGAN IZATION IS CERTIFIED , OR THE RESULTS 16
OF THE ELECTION, IF NO REPRESENTATIVE IS CHOSEN. 17
(J) (1) IF EMPLOYEES ARE REPR ESENTED BY AN EMPLOY EE 18
ORGANIZATION , THE EMPLOYEES MAY FILE WITH THE DIRECTOR A PETITION TO 19
DECERTIFY THE EMPLOY EE ORGANIZATION AS THEIR EXCLUSIVE R EPRESENTATIVE , 20
IF: 21
(I) AT LEAST 1 YEAR HAS ELAPSED SINCE THE LAST ELECTION 22
TO CERTIFY OR DECERT IFY AN EMPLOYEE ORGANIZATIO N AS THE EMPLOYEES’ 23
EXCLUSIVE REPRESENTA TIVE; 24
(II) A COLLECTIVE BARGAININ G AGREEMENT HAS NOT BEEN IN 25
PLACE FOR MORE THAN 3 YEARS; OR 26
(III) 1. THERE HAS BEEN A COLLECTIVE BARGAIN ING 27
AGREEMENT IN PLACE FOR 3 OR FEWER YEARS; AND 28
2. THE DAY ON WHICH THE PETITION IS FILED WI TH THE 29
DIRECTOR UNDER THIS PARAGRAPH IS AT LEAST 60 DAYS BUT NOT MORE THAN 90 30
DAYS BEFORE THE EXPI RATION OF THE COLLEC TIVE BARGAINING AGREEMENT . 31
(2) A PETITION FILED WITH THE DIRECTOR UNDER PARAGR APH (1) 32
OF THIS SUBSECTION S HALL CONTAIN : 33 8 HOUSE BILL 1485
(I) AN ASSERTION THAT THE MAJORITY OF THE EMPL OYEES NO 1
LONGER WISH TO BE RE PRESENTED BY THE EMP LOYEE ORGANIZATION ; 2
(II) A STATEMENT THAT THE E MPLOYEES HAVE IN THE IR 3
POSSESSION SUBSTANTI VE DOCUMENTARY PROOF , DATED NOT MORE THAN 6 4
MONTHS BEFORE THE DA Y ON WHICH THE PETIT ION IS FILED, THAT AT LEAST 30% 5
OF THE EMPLOYEES WIT HIN THE BARGAINING U NIT APPROVE OF THE 6
DECERTIFICATION O F THE EMPLOYEE ORGAN IZATION; AND 7
(III) A STATEMENT EXPLAINING THAT THE EMPLOYEES A RE 8
SEEKING DECERTIFICAT ION OF THE EMPLOYEE ORGANIZATION AS THE EXCLUSIVE 9
REPRESENTATIVE FOR T HE BARGAINING UNIT . 10
(3) (I) THE PETITION SHALL BE PROCESSED AS DESCRIB ED IN 11
THIS SECTION , INCLUDING VERIFICATI ON OF PROOF OF INTER EST AND AN 12
ELECTION. 13
(II) AN EMPLOYEE ORGANIZAT ION SHALL BE DECERTI FIED AS 14
EXCLUSIVE REPRESENTA TIVE FOLLOWING AN EL ECTION IF THE MAJORI TY OF THE 15
VALID VOTES CAST IN THE UNIT IN WHICH TH E ELECTION IS HELD ARE FOR NO 16
REPRESENTATION . 17
28–5. 18
(A) IF AN EMPLOYEE ORGANI ZATION IS CERTIFIED AS DESCRIBED IN THIS 19
SUBTITLE, THE EMPLOYER AND THE EMPLOYEE ORGANIZATIO N SHALL ENTER INTO 20
A COLLECTIVE BARGAIN ING AGREEMENT THAT C ONTAINS PROVISIONS R EGARDING: 21
(1) WAGES, HOURS, AND TERMS AND CONDIT IONS OF EMPLOYMENT ; 22
(2) THE ORDERLY PROCESSIN G AND SETTLEMENT OF GRIEVANCES 23
REGARDING THE INTERP RETATION AND IMPLEME NTATION OF THE COLLE CTIVE 24
BARGAINING AGREEMENT ; 25
(3) THE ESTABLISHMENT OF LABOR–MANAGEMENT COMMI TTEES; 26
AND 27
(4) OTHER TOPICS THAT THE PARTIES MAY MUTUALLY AGREE TO 28
THAT ARE SUITABLE FOR BARGAIN ING. 29
(B) (1) THE EMPLOYER AUTOMATI CALLY SHALL DEDUCT F ROM THE 30
PAYCHECK OF AN EMPLO YEE WHO IS A MEMBER OF THE BARGAINING UN IT 31
REPRESENTED BY THE C ERTIFIED EXCLUSIVE REPRESENTAT IVE DUES AUTHORIZED 32 HOUSE BILL 1485 9
AND OWED BY THE EMPL OYEE TO THE CERTIFIE D EXCLUSIVE REPRESEN TATIVE IF 1
THE EMPLOYEE SUBMITS TO THE EMPLOYER A DU ES DEDUCTION AUTHORI ZATION 2
CARD THAT HAS BEEN D ULY EXECUTED BY THE EMPLOYEE. 3
(2) ANY DUES DEDUCTED FROM PAYCHECKS UNDER PARAGRAPH (1) 4
OF THIS SUBSECTION S HALL BE REMITTED TO THE CERTIFIED EXCLUS IVE 5
REPRESENTATIVE OR THE CERTIFIED EXC LUSIVE REPRESENTATIV E’S DESIGNEE. 6
(3) SUBJECT TO REASONABLE TERMS OF THE AUTHORI ZATION CARD 7
EXECUTED UNDER PARAG RAPH (1) OF THIS SUBSECTION , THE EMPLOYER 8
AUTOMATICALLY SHALL STOP MAKING PAYROLL DEDUCTIONS UNDER PAR AGRAPH 9
(1) OF THIS SUBSECTION O N BEHALF OF A CERTIF IED EXCLUSIVE REPRES ENTATIVE 10
IF: 11
(I) THE CERTIFIED EXCLUSI VE REPRESENTATIVE IS 12
DECERTIFIED; 13
(II) THE EMPLOYEE CEASES TO B E A MEMBER OF THE 14
BARGAINING UNIT REPR ESENTED BY THE CERTI FIED EXCLUSIVE REPRE SENTATIVE; 15
OR 16
(III) THE EMPLOYEE RESIGNS FROM MEMBERS HIP IN THE 17
EMPLOYEE ORGANIZATIO N. 18
(C) A COLLECTIVE BARGAININ G AGREEMENT ENTERED INTO UNDER 19
SUBSECTION (A) OF THIS SECTION SHAL L BE EFFECTIVE WHEN FORMALLY ADOPTED 20
BY THE EMPLOYER AND THE CER TIFIED EXCLUSIVE REP RESENTATIVE . 21
28–6. 22
(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 23
THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL REACH 24
AN AGREEMENT AT LEAST 90 DAYS BEFORE A COLLECTIVE BARGAIN ING 25
AGREEMENT WILL EXPIR E. 26
(2) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE 27
REPRESENTATIVE MUTUA LLY MAY AGREE TO EXT END NEGOTIATIONS BEFORE THE 28
COLLECTIVE BARGAININ G AGREEMENT EXPIRES . 29
(B) AN IMPASSE IS REACHED DURING THE NEGOTIATI ONS BETWEEN THE 30
EMPLOYER AND THE CER TIFIED EXCLUSIVE REP RESENTATIVE IF THE E MPLOYER 31
AND THE CERTIFI ED EXCLUSIVE REPRESE NTATIVE DO NOT REACH AN AGREEMENT 32
BY: 33
10 HOUSE BILL 1485
(1) AT LEAST 90 DAYS BEFORE A COLLECTIVE BARGAIN ING 1
AGREEMENT WILL EXPIR E; OR 2
(2) IF NEGOTIATIONS WERE EXTENDED, THE DATE TO WHICH 3
NEGOTIATIONS WERE EX TENDED UNDER SUBSECT ION (A)(2) OF THIS SECTION. 4
(C) (1) IF AN IMPASSE IS REAC HED UNDER SUBSECTION (B) OF THIS 5
SECTION, THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL 6
SUBMIT A FINAL OFFER TO THE OTHER PARTY W ITHIN 48 HOURS AFTER THE 7
IMPASSE IS REACHED . 8
(2) UNLESS THE IMPASSE REACHED UNDER SUBSEC TION (B) OF THIS 9
SECTION HAS BEEN RES OLVED, THE DISPUTE AND THE FINAL OFFERS SHALL B E 10
SUBMITTED TO THE MED IATOR SELECTED BY TH E PARTIES IN ACCORDA NCE WITH 11
SUBSECTION (D) OF THIS SECTION. 12
(D) (1) WITHIN 30 DAYS AFTER A MEDIATO R IS SELECTED BY THE 13
PARTIES, THE MEDIATOR SHALL : 14
(I) MEET WITH THE DIRECTOR AND THE CERT IFIED EXCLUSIVE 15
REPRESENTATIVE ; AND 16
(II) MAKE WRITTEN FINDINGS OF FACT AND 17
RECOMMENDATIONS FOR THE RESOLUTION OF TH E DISPUTE IN ACCORDA NCE WITH 18
THIS SUBSECTION . 19
(2) (I) IF THE PARTIES ARE UN ABLE TO AGREE ON A M EDIATOR, 20
THEY SHALL REQUEST A LIST OF SEVEN MEDIAT ORS FROM THE FEDERAL 21
MEDIATION AND CONCILIATION SERVICE. 22
(II) WITHIN 3 WORKING DAYS AFTER R ECEIVING THE LIST 23
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE PA RTIES SHALL 24
ALTERNATELY REMOVE O NE MEDIATOR FROM THE LIST UNTIL ONLY ONE MEDIATOR 25
REMAINS, WHO THE PARTIES SHAL L AGREE WILL SERVE A S THE MEDIATOR UNDER 26
THIS SUBSECTION . 27
(3) THE MEDIATOR SHALL AC T AS AN INTERMEDIARY IN BRINGING 28
THE PARTIES TOGETHER AND SHALL ACTIVELY ASSIST THE PARTIES IN RESOL VING 29
THE DISPUTE BY: 30
(I) CONDUCTING PROCEEDING S IN ACCORDANCE WITH THIS 31
SUBSECTION; 32
(II) REVIEWING THE FINAL P OSITIONS OF THE PART IES; 33 HOUSE BILL 1485 11
(III) IDENTIFYING THE MAJOR ISSUES IN THE DISPUT E BETWEEN 1
THE PARTIES; 2
(IV) REVIEWING THE POSITIO NS OF THE PARTIES ; AND 3
(V) RECOMMENDING A RESOLU TION FOR THE AGREEME NT OF 4
THE PARTIES. 5
(4) A RESOLUTION UNDER THI S SUBSECTION: 6
(I) SHALL ADDRESS MATTERS SUCH AS WAGES , HOURS, OR 7
TERMS AND CONDITIONS OF EMPLOYMENT; 8
(II) MAY NOT INCLUDE HEALT H CARE BENEFITS THAT ARE 9
PROVIDED BY THE CITY; AND 10
(III) MAY NOT EXCEED 1 FISCAL YEAR, UNLESS AGREED TO BY 11
THE PARTIES. 12
(5) BEFORE ISSUING A FINA L DECISION, THE MEDIATOR SHALL T AKE 13
INTO CONSIDERATION , AMONG ANY OTHER RELEVANT FACTO RS: 14
(I) THE WAGES AND PENSION BENEFITS, NOT INCLUDING 15
HEALTH CARE BENEFITS THAT ARE PROVIDED BY THE CITY, OF THE EMPLOYEES OF 16
THE BARGAINING UNIT ; 17
(II) THE WAGES AND PENSION BENEFITS OF OTHER SI MILARLY 18
SITUATED EMPLOYEES P ERFORMING SIMILAR SERVICES IN MUSEUMS OF 19
COMPARABLE JURISDICT IONS TO BALTIMORE CITY IN THE MID–ATLANTIC 20
REGION, TAKING INTO CONSIDER ATION THE COST–OF–LIVING INDEX FOR THE AREA 21
IN WHICH THE COMPARA BLE MUSEUM IS LOCATED; 22
(III) WAGES AND PENSION BEN EFITS OF SIMILARLY S ITUATED 23
BALTIMORE CITY EMPLOYEES; 24
(IV) THE LAST PUBLISHED AN NUAL U.S. DEPARTMENT OF 25
LABOR CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR ALL ITEMS IN 26
THE WASHINGTON–BALTIMORE AREA ; 27
(V) THE SPECIAL NATURE OF THE WORK PERFORMED B Y THE 28
EMPLOYEES OF THE BAR GAINING UNIT, INCLUDING: 29
1. PHYSICAL REQUIREMENTS OF EMPLOYMENT ; 30 12 HOUSE BILL 1485
2. EDUCATIONAL REQUIREME NTS; 1
3. ATTAINMENT OF KNOWLE DGE OF AN ADVANCED T YPE 2
IN A FIELD OF SCIENC E OR LEARNING; 3
4. JOB TRAINING AND JOB SKI LLS; AND 4
5. SHIFT ASSIGNMENTS AND THE DEMANDS PLACED O N 5
THE EMPLOYEES COMPAR ED TO THE DEMANDS PL ACED ON OTHER SIMILA RLY 6
SITUATED MUSEUM EMPLOYEES IN COMPARA BLE JURISDICTIONS TO BALTIMORE 7
CITY; 8
(VI) STATE AND BALTIMORE CITY MANDATED EXPENDITURES ; 9
(VII) AVAILABILITY OF FUND S, INCLUDING FINANCIAL SOURCES 10
OF REVENUE; AND 11
(VIII) THE INTEREST AND WELF ARE OF THE PUBLIC . 12
(7) A MEDIATOR MAY NOT CONSIDER TESTIMONY RE GARDING FUNDS 13
EARMARKED FOR CAPITAL IMPROVEM ENTS, RESERVE FUNDS, OR THE NONINCOME 14
PORTION OF ENDOWMENT S. 15
(8) (I) THE PARTIES ARE STRON GLY ENCOURAGED TO RE ACH AN 16
AGREEMENT ON ALL ISS UES WHENEVER POSSIBL E. 17
(II) IF NO AGREEMENT CAN B E REACHED BY THE PAR TIES, THE 18
MEDIATOR SHALL ISSUE A REPORT WITH THE ME DIATOR’S DECISION, INCLUDING 19
WRITTEN FINDINGS OF FACT. 20
(9) THE MEDIATOR MAY ADOP T A PACKAGE OF FINAL POSITIONS OR 21
RULE ON EACH MATTER SEPARATELY. 22
(10) COPIES OF THE MEDIATO R’S WRITTEN FINDINGS A ND 23
RECOMMENDATIONS SHAL L BE SUBMITTED TO TH E DIRECTOR AND THE CERTIFIED 24
EXCLUSIVE REPRESENTA TIVE WITHIN 30 DAYS AFTER THE REPORT REQUIRED 25
UNDER PARAGRAPH (8)(II) OF THIS SUBSECTION IS ISSUED. 26
(11) ANY COSTS ASSOCIATED WITH THIS SUBSECTION SHALL BE 27
SHARED EQUALLY BY TH E EMPLOYER AND THE C ERTIFIED EXCLUSIVE 28
REPRESENTATIVE. 29
HOUSE BILL 1485 13
(12) THIS SUBSECTION MAY N OT BE CONSTRUED TO I NTERFERE WITH 1
ANY EFFORTS THE PART IES MAY UNDERTAKE TO REACH AN AGREEMENT A T ANY 2
TIME. 3
(13) THIS SUBSECTION SHALL BE THE EXCLUSIVE PRO CEDURE FOR 4
RESOLVING DISPUTES B ETWEEN THE PARTIES , UNLESS THE PARTIES, BY MUTUAL 5
AGREEMENT , DETERMINE TO USE ANO THER METHOD OF DISPU TE RESOLUTION . 6
(E) (1) THE DIRECTOR SHALL SUBMIT THE FINDINGS AND 7
RECOMMENDATIONS OF T HE MEDIATOR TO THE BOARD AND THE CITY IN A TIMELY 8
MANNER CONSISTENT WI TH THE TIMING OF PAR AGRAPH (2) OF THIS SUBSECTION . 9
(2) THE BOARD SHALL APPROVE A LL RECOMMENDATIONS A ND 10
FINDINGS OF THE MEDI ATOR THAT DO NOT REL ATE TO A FINANCIAL I SSUE OR 11
REQUIRE AN APPROPRIA TION OF ADDITIONAL F UNDS WITHIN 5 DAYS OF THE 12
MEDIATOR’S DECISION. 13
28–7. 14
(A) THE EMPLOYER MAY NOT : 15
(1) INTERFERE WITH , COERCE, UNDULY INFLUENCE , OR RESTRAIN 16
AN EMPLOYEE ’S EXERCISE OF RIGHTS UNDER THIS SUBTITLE ; 17
(2) DOMINATE, INTERFERE WITH , ASSIST IN THE FORMAT ION, 18
ADMINISTRATION , OR EXISTENCE OF , OR CONTRIBUTE FINANC IAL ASSISTANCE OR 19
OTHER SUPPORT TO AN EMPLOYEE ORGANIZATIO N; 20
(3) ENCOURAGE OR DISCOURA GE MEMBERSHIP IN AN EMPLOYEE 21
ORGANIZATION BY DISC RIMINATING AGAINST A N EMPLOYEE THROUGH H IRING, 22
TENURE, PROMOTION , OR OTHER CONDITIONS OF EMPLOYMENT ; OR 23
(4) REFUSE TO BARGAIN IN GOOD FAITH WITH AN E MPLOYEE 24
ORGANIZATION THAT IS THE EXCLUSIVE REPRES ENTATIVE OF THE EMPL OYEES. 25
(B) AN EMPLOYEE ORGANIZAT ION MAY NOT: 26
(1) INTERFERE WITH , COERCE, UNDULY INFLUENCE , OR RESTRAIN 27
AN EMPLOYEE ’S EXERCISE OF RIGHTS UNDER THIS SUBTITLE ; 28
(2) CAUSE OR ATTEMPT TO C AUSE THE EMPLOYER TO DISCRIMINATE 29
AGAINST AN EMPLOYEE BECAUSE THE EMPLOYEE EXERCISES A RIGHT UN DER THIS 30
SUBTITLE; 31
14 HOUSE BILL 1485
(3) DISCIPLINE OR FINE A MEMBER OF THE EMPLOY EE 1
ORGANIZATION AS PUNI SHMENT OR REPRISAL ; 2
(4) DISCIPLINE OR FINE A MEMBER OF THE EMPLOY EE 3
ORGANIZATION FOR THE PURPOSE OF IMPEDING THE MEMBER ’S WORK 4
PERFORMANCE ; OR 5
(5) REFUSE TO BARGAIN IN GOOD FAITH WITH THE EMPLOYER OR TO 6
PARTICIPATE IN GOOD FAITH IN A PROCEDURE UNDER THIS SUBTITLE . 7
(C) (1) AN EMPLOYEE WHO IS A MEMBER OF A BARGAINI NG UNIT WITH A 8
CERTIFIED EXCLUSIVE REPRESENTA TIVE MAY, WITHOUT THE INTERVEN TION OF AN 9
EMPLOYEE ORGANIZATIO N, DISCUSS ANY MATTER W ITH THE EMPLOYER . 10
(2) THIS SUBSECTION DOES NOT WAIVE THE RIGHT OF THE 11
EMPLOYEE ORGANIZATIO N TO BE THE EX CLUSIVE BARGAINING R EPRESENTATIVE 12
FOR ISSUES RELATED T O WAGES, HOURS, AND WORKING CONDITIO NS AND IS NOT 13
INTENDED TO CREATE A N ALTERNATE PATH TO ALTER TERMS AND COND ITIONS OF 14
THE COLLECTIVE BARGA INING AGREEMENT BETW EEN THE PARTIES . 15
28–8. 16
(A) SUBJECT TO ANY OTHER APPLICABLE LAWS, IT IS THE EXCLUSIVE 17
RIGHT OF THE EMPLOYE R TO: 18
(1) DETERMINE THE PURPOSE S AND OBJECTIVES OF EACH OF ITS 19
CONSTITUENT OFFICES AND DEPARTMENTS ; 20
(2) SET STANDARDS OF SERV ICES TO BE OFFERED T O THE PUBLIC; 21
AND 22
(3) EXERCISE CONTROL AND DISCRETI ON OVER ITS ORGANIZA TION 23
AND OPERATIONS . 24
(B) SUBJECT TO APPLICABLE PROVISIONS OF A COLL ECTIVE BARGAINING 25
AGREEMENT AND IN ACCORDANCE WITH OTHER APPLICABLE LAW S, THE EMPLOYER 26
MAY: 27
(1) DIRECT ITS EMPLOYEES ; 28
(2) HIRE, PROMOTE, TRANSFER, ASSIGN, OR RETAIN EMPLOYEES ; 29
(3) ESTABLISH REASONABLE WORK RULES ; AND 30
HOUSE BILL 1485 15
(4) DEMOTE, SUSPEND, DISCHARGE, OR TAKE ANY OTHER 1
DISCIPLINARY ACTION AGAINST ITS EMPLOYEE S FOR JUST CAUSE . 2
(C) THE PROVISIONS OF THI S SECTION SHALL BE D EEMED TO BE PART OF 3
EVERY AGREEMENT EXEC UTED BETWEEN THE EMP LOYER AND A CERTIFIE D 4
EXCLUSIVE REPRESENTA TIVE. 5
(D) THIS SECTION MAY NOT BE CONSTRUED TO DENY THE RIGHT OF AN 6
EMPLOYEE TO SUBMIT A GRIEVANCE WITH REGAR D TO THE EMPLOYER ’S EXERCISE 7
OF ITS RIGHTS UNDER THIS SECTION. 8
(E) EXCEPT AS OTHERWISE P ROVIDED BY LAW , IF EMPLOYEES HAVE 9
ENTERED INTO A COLLE CTIVE BARGAINING AGR EEMENT WITH THE EMPL OYER 10
UNDER THIS SUBTITLE , THE COLLECTIVE BARGA INING AGREEMENT ENTE RED INTO 11
SUPERSEDES ANY CONFL ICTING REGULATION OR ADMINISTRATIVE POL ICY OF THE 12
EMPLOYER. 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2022. 15