EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0065*
HOUSE BILL 65
F5 3lr0787
(PRE–FILED) CF SB 352
By: Delegates S. Johnson and Charkoudian
Requested: November 15, 2022
Introduced and read first time: January 11, 2023
Assigned to: Appropriations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 25, 2023
CHAPTER ______
AN ACT concerning 1
Education – Public Libraries – Collective Bargaining 2
FOR the purpose of authorizing employees of certain public libraries to form, join, and 3
participate in an employee organization and engage in certain other activities related 4
to collective bargaining; requiring certain employers and certified exclusive 5
representatives to engage in good faith bargaining; establishing a collective 6
bargaining process for employees of certain public libraries; establishing a process 7
for resolving impasses during collective bargaining; prohibiting employers and 8
employee organizations from engaging in certain actions regarding the exercise of an 9
employee’s rights under this Act; prohibiting employees and employee organizations 10
from engaging in certain actions related to strikes, work stoppages, boycotts, and 11
lockouts; repealing certain provisions of law rendered obsolete by certain provisions 12
of this Act; and generally relating to collective bargaining for employees of public 13
libraries. 14
BY repealing 15
Article – Education 16
Section 23–601 through 23–614 and the subtitle “Subtitle 6. Howard County Library 17
System – Collective Bargaining”; and 23–801 through 23–812 and the subtitle 18
“Subtitle 8. Baltimore County Public Library – Collective Bargaining” 19
Annotated Code of Maryland 20
(2022 Replacement Volume) 21
BY adding to 22 2 HOUSE BILL 65
Article – Education 1
Section 23–901 through 23–912 to be under the new subtitle “Subtitle 9. Public 2
Libraries – Collective Bargaining” 3
Annotated Code of Maryland 4
(2022 Replacement Volume) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That Section(s) 23–601 through 23–614 and the subtitle “Subtitle 6. Howard County 7
Library System – Collective Bargaining”; and 23–801 through 23–812 and the subtitle 8
“Subtitle 8. Baltimore County Public Library – Collective Bargaining” of Article – 9
Education of the Annotated Code of Maryland be repealed. 10
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 11
as follows: 12
Article – Education 13
SUBTITLE 9. PUBLIC LIBRARIES – COLLECTIVE BARGAINING. 14
23–901. 15
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 16
INDICATED. 17
(B) “BOARD” MEANS THE BOARD OF T RUSTEES FOR A PUBLIC LIBRARY 18
SYSTEM, WHERE APPLICABLE . 19
(C) “CERTIFIED EXCLUSIVE R EPRESENTATIVE ” MEANS THE EMPLOYEE 20
ORGANIZATION THAT HA S BEEN CERTIFIED AS THE COLLECTIVE BARGA INING 21
AGENT FOR A BARGAINING UNIT . 22
(D) “CONFIDENTIAL EMPLOYEE ” MEANS AN EMPLOYEE WH O: 23
(1) HAS ACCESS TO CONFIDE NTIAL INFORMATION , INCLUDING 24
BUDGETARY AND FISCAL DATA, SUBJECT TO USE BY TH E EMPLOYER IN COLLEC TIVE 25
BARGAINING OR IN THE ADJUDICATION OF GRIE VANCES; OR 26
(2) WORKS IN A CLOSE AND CONTINUING CONFIDENT IAL RELATION 27
ASSISTING OR AIDING A MANAGEMENT EMPLOYE E. 28
(E) “DIRECTOR” MEANS THE DIRECTOR , CHIEF EXECUTIVE OFFI CER, OR 29
CHIEF OFFICER OF THE APPLICABLE PUBLIC LI BRARY SYSTEM , OR THE DESIGNEE 30
OF THE DIRECTOR , CHIEF EXECUTIVE OFFICER , OR CHIEF OFFICER . 31
HOUSE BILL 65 3
(F) (1) “EMPLOYEE” MEANS A FULL–TIME OR PART–TIME EMPLOYEE OF 1
A PUBLIC LIBRARY SYS TEM. 2
(2) “EMPLOYEE” DOES NOT INCLUDE A C ONFIDENTIAL EMPLOYEE , 3
MANAGEMENT EMPLOYEE , OR SUPERVISORY EMPLO YEE. 4
(G) “EMPLOYEE ORGANIZATION ” MEANS AN ORGANIZATIO N THAT ADMITS 5
EMPLOYEES OF THE EMP LOYER AS MEMBERS AND HAS AS A PRIMARY PUR POSE THE 6
REPRESENTATION OF TH E EMPLOYEES IN THEIR RELATIONS WITH THE E MPLOYER. 7
(H) “EMPLOYER” MEANS A PUBLIC LIBRA RY SYSTEM AND ITS BO ARD. 8
(I) “GOVERNING BODY ” MEANS: 9
(1) (I) FOR A CHARTER COUNTY THAT DOES NOT HAVE A N 10
ELECTED CHIEF EXECUT IVE OFFICER, THE COUNTY COUNCIL ; OR 11
(II) FOR A CHARTER COUNTY THAT HAS AN ELECTED CHIEF 12
EXECUTIVE OFFICER , THE COUNTY COUNCIL O R THE COUNTY COUNCIL AND THE 13
COUNTY EXECUTIVE , AS PROVIDED BY THE C OUNTY CHARTER ; OR 14
(2) FOR A CODE OR COMMISS ION COUNTY , THE COUNTY 15
COMMISSIONERS ; OR 16
(3) FOR BALTIMORE CITY, THE MAYOR AND CITY COUNCIL OF 17
BALTIMORE CITY. 18
(J) “MANAGEMENT EMPLOYEE ” MEANS AN EMPLOYEE WH O GENERALLY 19
HAS AUTHORITY AND WH O: 20
(1) FORMULATES POLICY THA T IS APPLICABLE THRO UGHOUT A 21
BARGAINING UNIT ; 22
(2) HAS A SIGNIFICANT ROL E IN PERSONNEL ADMIN ISTRATION, 23
EMPLOYEE RELATIONS , OR THE PREPARATION A ND ADMINISTRATION OF BUDGETS 24
FOR THE EMPLOYER ; OR 25
(3) MAY REASONABLY BE REQ UIRED TO: 26
(I) ASSIST DIRECTLY IN TH E PREPARATION FOR AN D CONDUCT 27
OF COLLECTIVE BARGAI NING NEGOTIATIONS ON BEHALF OF THE EMPLOY ER; OR 28
(II) HAVE A MAJOR ROLE IN THE ADMINISTRATION O F 29
RESULTING COLLECTIVE BARGAINING AGREEMENTS . 30 4 HOUSE BILL 65
(K) (1) “PUBLIC LIBRARY SYSTEM ” MEANS A COUNTY PUBLI C LIBRARY 1
SYSTEM. 2
(2) “PUBLIC LIBRARY SYSTEM ” DOES NOT INCLUDE : 3
(I) THE PUBLIC LIBRARY SY STEM OF BALTIMORE COUNTY, 4
MONTGOMERY COUNTY, OR PRINCE GEORGE’S COUNTY; OR 5
(II) THE INCLUDES THE ENOCH PRATT FREE LIBRARY. 6
(L) “SUPERVISORY EMPLOYEE ” MEANS AN EMPLOYEE WH O IS AUTHORIZED 7
TO: 8
(1) HIRE, TRANSFER, SUSPEND, LAY OFF, RECALL, PROMOTE, 9
DISCHARGE, ASSIGN, REWARD, OR DISCIPLINE EMPLOY EES; 10
(2) RESPONSIBLY DIRECT EM PLOYEES FOR MORE THAN 50% OF THE 11
EMPLOYEE’S WORKING HOURS ; OR 12
(3) ADDRESS AND RESOLVE T HE GRIEVANCES OF EMP LOYEES. 13
23–902. 14
(A) AN EMPLOYEE WHO MAY E FFECTIVELY RECOMMEND AN ACTION LISTED 15
IN § 23–901(L) OF THIS SUBTITLE MAY BE DEEMED A SUPERVIS ORY EMPLOYEE IF 16
THE EMPLOYEE ’S EXERCISE OF THE AU THORITY REQUIRES THE EXERCISE OF 17
INDEPENDENT JUDGMENT AND IS NOT MERELY OF A ROUTINE OR CLERICA L 18
NATURE. 19
(B) THE EXERCISE OF ANY S INGLE FUNCTION LISTE D IN § 23–901(L) OF 20
THIS SUBTITLE MAY NO T NECESSARILY REQUIR E THE CONC LUSION THAT THE 21
INDIVIDUAL EXERCISIN G THAT FUNCTION IS I N FACT A SUPERVISORY EMPLOYEE 22
WITHIN THE MEANING O F THE DEFINITION . 23
(C) IN DIFFERENTIATING A SUPERVISORY EMPLOYEE FROM A 24
NONSUPERVISORY EMPLO YEE: 25
(1) A CLASS TITLE ALONE MA Y NOT BE THE BASIS F OR 26
DETERMINATION ; AND 27
(2) THE NATURE OF THE SUP ERVISORY EMPLOYEE ’S WORK, 28
INCLUDING WHETHER A SIGNIFICANT PORTION OF THE SUPERVISORY E MPLOYEE’S 29 HOUSE BILL 65 5
WORKING TIME IS SPEN T AS PART OF A TEAM THAT INCLUDES NONSUP ERVISORY 1
EMPLOYEES SHALL BE C ONSIDERED. 2
23–903. 3
EMPLOYEES OF THE EMPLO YER MAY: 4
(1) FORM, JOIN, AND PARTICIPATE IN A N EMPLOYEE ORGANIZAT ION; 5
(2) BARGAIN COLLECTIVELY THROUGH A CERTIFIED EXCLUSIVE 6
REPRESENTATIVE OF TH EIR CHOICE; 7
(3) ENGAGE IN LAWFUL CONC ERTED ACTIVITIES FOR THEIR MUTUAL 8
AID AND PROTECTION; AND 9
(4) REFRAIN FROM ANY ACTI VITY COVERED UNDER I TEMS (1) 10
THROUGH (3) OF THIS SECTION. 11
23–904. 12
(A) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE 13
HAVE A RESPONSIBILIT Y TO ENGAGE IN GOOD FAITH BARGAINING OVE R MATTERS 14
REQUIRED BY LAW . 15
(B) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE 16
JOINTLY SHALL BE RES PONSIBLE FOR FOSTERI NG A POSITIVE LABOR RELATIONS 17
ENVIRONMENT BASED ON MUTUAL TRUST , RESPECT, COMMUNICATION , AND 18
COOPERATION . 19
(C) THE GOAL OF COLLECTIV E BARGAINING IS THE DELIVERY OF QUALITY 20
PUBLIC SERVICES TO T HE RESIDENTS OF THE STATE IN A MANNER THA T IS 21
CONSISTENT AND COMPL IANT WITH LAW. 22
23–905. 23
(A) THE EMPLOYER SHALL RE COGNIZE THE RIGHT OF THE CERTIFIED 24
EXCLUSIVE REPRESENTA TIVE TO REPRESENT TH E EMPLOYEES IN THE U NIT IN 25
COLLECTIVE BARGAININ G AND IN THE GRIEVAN CE PROCESS. 26
(B) THE CERTIFIED EXCLUSI VE REPRESENTATIVE OF A UNIT SHALL: 27
(1) SERVE AS THE SOLE AGE NT FOR THE UNIT IN C OLLECTIVE 28
BARGAINING; AND 29
6 HOUSE BILL 65
(2) REPRESENT ALL EMPLOYE ES IN THE UNIT FAIRL Y AND IN GOOD 1
FAITH, IN A MANNER THAT IS NOT ARBITRARY OR DIS CRIMINATORY . 2
23–906. 3
(A) (1) AN EMPLOYEE ORGANIZAT ION SEEKING CERTIFIC ATION AS THE 4
EXCLUSIVE REPRESENTA TIVE FOR THE BARGAIN ING UNIT OF EMPLOYEE S MAY FILE 5
A PETITION WITH THE DIRECTOR INDICATING THIS INTENT. 6
(2) THE PETITION MAY BE F ILED ONLY IN THE MON TH OF 7
SEPTEMBER. 8
(3) THE PETITION SHALL CO NTAIN: 9
(I) A REQUEST THAT THE BOA RD RECOGNIZE THE EMP LOYEE 10
ORGANIZATION AS THE EXCLUSIVE REPRESENTA TIVE OF THE EMPLOYEE S IN THE 11
BARGAINING UNIT ; 12
(II) A STATEMENT THAT THE EMP LOYEE ORGANIZATION I S ONE 13
IN WHICH EMPLOYEES P ARTICIPATE AND THAT HAS AS ONE OF ITS PU RPOSES THE 14
REPRESENTATION OF PU BLIC EMPLOYEES IN MA TTERS OF WAGES , HOURS, AND 15
OTHER TERMS AND COND ITIONS OF EMPLOYMENT ; 16
(III) A STATEMENT THAT THE EMPLOYEE ORGANIZATIO N HAS NO 17
TERMS OR CONDITIONS OF MEMBERSHIP THAT D ISCRIMINATE WITH REG ARD TO 18
RACE, COLOR, CREED, GENDER, AGE, POLITICAL AFFILIATIO N, NATIONAL ORIGIN , 19
RELIGION, MARITAL STATUS , OR DISABILITY; AND 20
(IV) A STATEMENT THAT THE E MPLOYEE OR GANIZATION HAS IN 21
ITS POSSESSION WRITT EN PROOF DATED NOT M ORE THAN 12 9 MONTHS BEFORE 22
THE DAY ON WHICH THE PETITION IS FILED ES TABLISHING THAT AT L EAST 30% OF 23
THE EMPLOYEES IN THE BARGAINING UNIT HAVE DESIGNATED THE EMPLO YEE 24
ORGANIZATION TO REPR ESENT THEM IN THEIR EMPLOYMENT RELATIONS WITH THE 25
EMPLOYER. 26
(4) BEFORE A PETITION MAY BE PROCESSED , THE PROOF OF 27
INTEREST SUBMITTED S HALL BE VERIFIED AS PROVIDED IN THIS SEC TION. 28
(5) THE EMPLOYEE ORGANIZA TION AND THE EMPLOYE R SHALL 29
EQUALLY BEAR ANY COS TS ASSOCIATED WITH THE VERIFI CATION. 30
(B) (1) WHEN AN EMPLOYEE ORGA NIZATION OR EMPLOYEE S IN A 31
BARGAINING UNIT FILE A PETITION WITH THE DIRECTOR BOARD, THE EMPLOYEE 32
ORGANIZATION OR EMPL OYEES SHALL SUBMIT T O A NEUTRAL DECISION MAKER 33 HOUSE BILL 65 7
FROM THE FEDERAL MEDIATION AND CONCILIATION SERVICE THE 1
AUTHORIZATION CARDS SIGNED AND DATED BY AT LEAST 30% OF THE EMPLOYEES 2
IN THE BARGAINING UN IT NOT MORE THAN 12 9 MONTHS BEFORE THE DAY THE 3
PETITION WAS FILED I NDICATING, AS APPROPRIATE , THAT THE EMPLOYEES H AVE 4
DESIGNATED THE EMPLO YEE ORGANIZATION TO REPRESENT THEM IN TH EIR 5
EMPLOYMENT RELATIONS WITH THE PUBLIC LIBR ARY SYSTEM ADMINISTR ATION. 6
(2) THE EMPLOYEE ORGANIZA TION SHALL COPY THE DIRECTOR 7
BOARD ON THE REQUEST FOR A NEUTRAL DECISION MAK ER IN ORDER FOR THE 8
PUBLIC LIBRARY SYSTE M TO RECEIVE NOTICE OF THE SELECTION OF THE NEUTRAL 9
DECISION MAKER FOR T HE CERTIFICATION PRO CESS. 10
(C) (1) NOT MORE THAN 7 CALENDAR DAYS AFTER THE DAY ON WHICH 11
THE DIRECTOR BOARD RECEIVES NOTICE OF T HE ASSIGNMENT OF A N EUTRAL 12
DECISION MAKER BY TH E FEDERAL MEDIATION AND CONCILIATION SERVICE, THE 13
DIRECTOR BOARD SHALL SUBMIT TO THE NEUTRAL DECISION MAK ER A LIST OF 14
EMPLOYEES IN THE BAR GAINING UNIT. 15
(2) IF THE DIRECTOR BOARD FAILS TO SUBMIT THE LIST OF 16
EMPLOYEES TO THE NEU TRAL DECISION MAKER WITHIN THE REQUIRED TIME, IT 17
SHALL BE CONCLUSIVEL Y DEEMED THAT AT LEA ST 30% OF THE EMPLOYEES IN THE 18
BARGAINING UNIT HAVE INDICATED A DESIRE T O BE REPRESENTED BY THE 19
EMPLOYEE ORGANIZATIO N. 20
(D) (1) THE NEUTRAL DECISION MAKER SHALL CHECK TH E WRITTEN 21
AUTHORIZATION CARDS SUBMITTED BY THE EMP LOYEE ORGANIZATION O R THE 22
EMPLOYEES AGAINST TH E LIST OF EMPLOYEES SUBMITTED BY THE DIRECTOR 23
BOARD. 24
(2) IF THE NEUTRAL DECISI ON MAKER DETERMINES T HAT AT LEAST 25
30% OF THE EMPLOYEES ON THE LIST HAVE INDICA TED A DESIRE TO BE 26
REPRESENTED BY THE E MPLOYEE ORGANIZATION OR TO DECERTIFY AN E XCLUSIVE 27
REPRESENTATIVE , THE NEUTRAL DECISION MAKER SHALL NOTIFY T HE DIRECTOR 28
BOARD OF THE DETERMIN ATION. 29
(3) THE DIRECTOR BOARD MAY VOLUNTARILY RECO GNIZE THE 30
EMPLOYEE ORGANIZATIO N AS THE CERTIFIED B ARGAINING REPRESENTA TIVE OF 31
THE EMPLOYEES AT ISS UE, OR THE PARTIES MAY P ROCEED TO HOLD AN EL ECTION 32
TO DETERMINE REPRESE NTATION IN ACCORDANC E WITH THIS SECTION. 33
(E) AN ELECTION MAY NOT B E CONDUCTED IN A BAR GAINING UNIT UNLESS 34
AT LEAST 1 YEAR HAS PASSED SINC E THE LAST ELECTION HELD IN THE BARGAINI NG 35
UNIT. 36
8 HOUSE BILL 65
(F) (1) THE DIRECTOR BOARD SHALL NOTIFY ALL EMP LOYEES WITHIN 1
THE PROPOSED BARGAIN ING UNIT THAT AN ELECTION WILL BE HEL D AND REQUEST 2
A NEUTRAL DECISION M AKER FROM THE FEDERAL MEDIATION AND CONCILIATION 3
SERVICE TO OVERSEE AN D CONDUCT AN ELECTIO N BY SECRET BALLOT . 4
(2) THE BALLOT FOR AN ELE CTION SHALL INCLUDE THE FOLLOWING 5
CHOICES: 6
(I) IN ACCORDANCE WITH THE ISSUES PRES ENTED BY THE 7
PETITION OR PETITION S, EXCLUSIVE REPRESENTA TION BY ANY EMPLOYEE 8
ORGANIZATION SEEKING TO OBTAIN OR CONTINU E REPRESENTATION RIG HTS; AND 9
(II) NO EXCLUSIVE REPRESEN TATION. 10
(G) AN EMPLOYEE ORGANIZAT ION MAY INTERVENE IN THE ELECTION AND 11
HAVE ITS NAME PLACED ON THE BALLOT IF : 12
(1) THE EMPLOYEE ORGANIZA TION FILES A PETITIO N NOT MORE 13
THAN 15 CALENDAR DAYS AFTER THE DATE ON WHICH TH E ORIGINAL PETITION IS 14
FILED; 15
(2) THE EMPLOYEE ORGANIZA TION CERTIFIES THAT AT LEAST 30% 16
OF THE EMPLOYEES OF THE UNIT HAVE DESIGNATED THE EMPLOYEE 17
ORGANIZATION TO REPR ESENT THEM IN THEIR EMPLOYMENT RELATIONS WITH THE 18
PUBLIC LIBRARY SYSTE M ADMINISTRATION ; AND 19
(3) THE SHOWING OF INTERE ST IS VERIFIED AS PR OVIDED IN THIS 20
SECTION. 21
(H) (1) THE ELECTION SHALL BE CONDU CTED ACCORDING TO TH E 22
PROCEDURES ESTABLISH ED BY THE FEDERAL MEDIATION AND CONCILIATION 23
SERVICE NEUTRAL DECIS ION MAKER CONDUCTING THE ELECTION. 24
(2) AN EMPLOYEE ORGANIZAT ION SHALL BE CERTIFI ED AS 25
EXCLUSIVE REPRESENTA TIVE FOLLOWING AN E LECTION IF THE EMPLO YEE 26
ORGANIZATION HAS REC EIVED THE VOTE OF A MAJORITY OF THE VALI D VOTES CAST 27
IN THE BARGAINING UN IT IN WHICH THE ELEC TION IS HELD. 28
(3) (I) IF AN ELECTION INCLUD ES THREE OR MORE CHO ICES AND 29
NO CHOICE RECEIVES A MAJORITY OF THE VALI D VOTES CAST, THE NEUTRAL 30
DECISION MAKER SHALL CONDUCT A RUNOFF ELE CTION BETWEEN THE TW O 31
CHOICES THAT RECEIVE D THE LARGEST NUMBER OF VALID VOTES CAST . 32
HOUSE BILL 65 9
(II) THE CHOICE RECEIVING THE MAJORITY OF THE VALID 1
VOTES CAST IN THE RU NOFF ELECTION SHALL BE CERTIFIED. 2
(4) THE NEUTRAL DECISION MAKER CONDUCTING THE ELECTION 3
SHALL ISSUE TO ALL T HE PARTICIPANTS IN A N ELECTION A CERTIFI CATION OF 4
REPRESENTATION , IF AN EMPLOYEE ORGAN IZATION IS CERTIFIED , OR THE RESULTS 5
OF THE ELECTION , IF NO REPRESENTATIVE IS CHOSEN. 6
(I) (1) IF THE DIRECTOR BOARD DISAGREES WITH THE P ETITIONING 7
EMPLOYEE ORGANIZATIO N OR THE PETITIONING EMPLOYEES AS TO THE INCLUSION 8
OR EXCLUSION OF SPEC IFIC EMPLOYEES AND C LASSIFICATIONS OF EM PLOYEES IN 9
THE BARGAINING UNIT , ALL THE EMPLOYEES IN THE PETITION ED–FOR GROUP 10
SHALL HAVE THE OPPOR TUNITY TO VOTE IN TH E ELECTION. 11
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE BALLOTS 12
OF CHALLENGED EMPLOY EES SHALL REMAIN SEA LED AND BE SET ASIDE UNTIL THE 13
BALLOTS OF EMPLOYEES WHO ARE NOT IN DISPU TE HAVE BEEN TA LLIED. 14
(3) (I) IF THE TOTAL NUMBER O F BALLOTS OF CHALLEN GED 15
EMPLOYEES DOES NOT H AVE AN IMPACT ON THE ELECTION RESULT , THE PARTIES: 16
1. MAY NOT COUNT THE BAL LOTS OF CHALLENGED 17
EMPLOYEES; AND 18
2. SHALL RESOLVE THE DIS PUTE OVER THE 19
CHALLENGED EMPL OYEES AFTER THE ELEC TION IS CERTIFIED TH ROUGH A 20
HEARING OR COLLECTIV E BARGAINING. 21
(II) IF THE TOTAL NUMBER O F BALLOTS OF CHALLEN GED 22
EMPLOYEES DOES HAVE AN IMPACT ON THE ELE CTION RESULT, THE PARTIES SHALL 23
IMMEDIATELY REFER TH E DISPUTE TO THE NEU TRAL DECISION MAKER FROM THE 24
FEDERAL MEDIATION AND CONCILIATION SERVICE TO RESOLVE TH E DISPUTE. 25
(4) (I) THE NEUTRAL DECISION MAKER SHALL HOLD A H EARING 26
ON THE DISPUTE REFER RED UNDER PARAGRAPH (3)(II) OF THIS SUBSECTION W ITH 27
THE PARTIES PRESENTI NG EVIDENCE ON THEIR POSITIONS . 28
(II) IF THE NEUTRAL DECISI ON MAKER FINDS THAT 29
CHALLENGED EMPLOYEES ARE PROPERLY INCLUDE D WITHIN THE BARGAIN ING 30
UNIT, THE BALLOTS OF THE C HALLENGED EMPLOYEES SHALL BE COUNTED IN THE 31
TOTAL TALLY FOR THE ELECTION. 32
(III) THE NEUTRAL D ECISION MAKER ’S FINDINGS SHALL BE 33
FINAL AND BINDING ON THE PARTIES. 34 10 HOUSE BILL 65
(J) (1) IF EMPLOYEES ARE REPR ESENTED BY AN EMPLOY EE 1
ORGANIZATION , EMPLOYEES MAY FILE A PETITION WITH THE DIRECTOR BOARD 2
THAT CONTAINS THE FO LLOWING: 3
(I) AN ASSERTION THAT THE MAJORITY OF THE EMPL OYEES NO 4
LONGER WISH TO BE RE PRESENTED BY THE EMP LOYEE ORGANIZATION ; 5
(II) A STATEMENT THAT THE E MPLOYEES HAVE IN THE IR 6
POSSESSION SUBSTANTI VE DOCUMENTARY PROOF , DATED NOT MORE THAN 6 7
MONTHS BEFORE THE DA Y ON WHICH THE PETIT ION IS FILED, THAT AT LEAST 30% 8
OF THE EMPLOYEES WIT HIN THE BARGAINING U NIT APPROVE OF THE 9
DECERTIFICATION OF T HE EMPLOYEE ORGANIZA TION; AND 10
(III) A STATEMENT EXPLAINING THAT THE EMPLOYEES A RE 11
SEEKING DECERTIFICAT ION OF THE EMPLOYEE ORGANIZATION AS THE EXCLUSIVE 12
REPRESENTATIVE FOR T HE BARGAINING UNIT . 13
(2) (I) THE PETITION SHALL BE PROCESSED AS DESCRIB ED IN 14
THIS SECTION , INCLUDING VERIFICATI ON OF PROOF OF INTER EST AND AN 15
ELECTION. 16
(II) AN EMPLOYEE ORGANIZAT ION SHALL BE DECERTI FIED AS 17
EXCLUSIVE REPRESENTA TIVE FOLLOWING AN ELEC TION IF THE MAJORITY OF THE 18
VALID VOTES CAST IN THE UNIT IN WHICH TH E ELECTION IS HELD A RE FOR NO 19
REPRESENTATION . 20
23–907. 21
(A) IF AN EMPLOYEE ORGANI ZATION IS CERTIFIED AS DESCRIBED IN THIS 22
SUBTITLE, THE EMPLOYER AND THE EMPLOYEE ORGAN IZATION SHALL ENTER INTO 23
A COLLECTIVE BARGAIN ING AGREEMENT THAT C ONTAINS PROVISIONS R EGARDING: 24
(1) WAGES, HOURS, AND TERMS AND CONDIT IONS OF EMPLOYMENT ; 25
(2) THE ORDERLY PROCESSIN G AND SETTLEMENT OF GRIEVANCES 26
REGARDING THE INTERP RETATION AND IMPLEME NTATION OF THE COLLEC TIVE 27
BARGAINING AGREEMENT ; AND 28
(3) OTHER TOPICS THAT THE PARTIES MAY MUTUALLY AGREE TO 29
THAT WERE SUITABLE F OR BARGAINING . 30
(B) (1) THE EMPLOYER AUTOMATI CALLY SHALL DEDUCT F ROM THE 31
PAYCHECK OF AN EMPLO YEE WHO IS A MEMBER OF THE BARGAINING UNIT 32 HOUSE BILL 65 11
REPRESENTED BY THE C ERTIFIED EXCLUSIVE R EPRESENTATIVE DUES A UTHORIZED 1
AND OWED BY THE EMPL OYEE TO THE CERTIFIE D EXCLUSIVE REPRESEN TATIVE IF 2
THE EMPLOYEE SUBMITS TO THE EMPLOYER A DU ES DEDUCTION AUTHORI ZATION 3
CARD THAT HAS BEEN D ULY EXECUTED BY THE EMPLOYEE . 4
(2) ANY DUES DEDUCTED FRO M PAYCHECKS UNDER PA RAGRAPH (1) 5
OF THIS SUBSECTION S HALL BE REMITTED TO THE CERTIFIED EXCLUS IVE 6
REPRESENTATIVE . 7
(3) THE EMPLOYER AUTOMATI CALLY SHALL STOP MAK ING PAYROLL 8
DEDUCTIONS UNDER PAR AGRAPH (1) OF THIS SUBSECTION ON BEHALF OF A 9
CERTIFIED EXCLUSIVE REPRESENTATIVE IF : 10
(I) THE CERTIFIED EXCLUSI VE REPRESENTATIVE IS 11
DECERTIFIED; 12
(II) THE CERTIFIED EXCLUSI VE REPRESENTATIVE ’S RIGHT TO 13
DUES IS REVOKED ; 14
(III) THE EMPLOYEE CEASES T O BE A MEMBER OF THE 15
BARGAINING UNIT REPR ESENTED BY THE CERTI FIED EXCLUSIVE REPRE SENTATIVE; 16
OR 17
(IV) THE EMPLOYEE RESIGNS FROM MEMBERSHIP IN T HE 18
EMPLOYEE ORGANIZATIO N. 19
(C) THIS SECTION MAY NOT BE CONSTRUED TO : 20
(1) AUTHORIZE OR OTHERWIS E ALLOW AN EMPLOYEE TO ENGAGE IN 21
A STRIKE OR WORK STO PPAGE, AS THOSE TERMS ARE D EFINED IN § 23–912 OF THIS 22
SUBTITLE; OR 23
(2) RESTRICT THE AUTHORIT Y OF THE GOVERNING B ODY TO 24
DETERMINE THE BUDGET OF THE EMPLOYER . 25
(D) (1) A COLLECTIVE BARGAININ G AGREEMENT ENTERED INTO UNDER 26
SUBSECTION (A) OF THIS SECTION SHAL L BE EFFECTIVE ON RA TIFICATION BY THE 27
MAJORITY OF VOTES CA ST BY THE EMPLOYEES IN THE BARGAINING UN IT AND 28
APPROVAL BY THE DIRE CTOR AND BOARD . 29
(2) A SINGLE–YEAR OR MULTIYEAR CO LLECTIVE BARGAINING 30
AGREEMENT SHALL EXPI RE AT THE CLOSE O F THE COUNTY’S FISCAL YEAR. 31
23–908. 32 12 HOUSE BILL 65
(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 1
THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL REACH 2
AN AGREEMENT BY MARCH 1 OF THE YEAR IN WHICH A COLLECTIVE BARGAIN ING 3
AGREEMENT WILL EXPIRE. 4
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE 5
EMPLOYER AND THE CER TIFIED EXCLUSIVE REP RESENTATIVE MUTUALLY MAY 6
AGREE TO EXTEND NEGO TIATIONS FOR A PERIO D NOT TO EXTEND PAST JUNE 30 OF 7
THE YEAR IN WHICH A COLLECTIVE BARGAININ G AGREEMENT WIL L EXPIRE. 8
(3) ANY EXTENSION MUST AC KNOWLEDGE ANY RELEVA NT COUNTY 9
BUDGETARY DEADLINES IN WRITING TO ENSURE THAT PARTIES MEET CR UCIAL 10
FUNDING DEADLINES . 11
(B) AN IMPASSE IS REACHED DURING THE NEGOTIATI ONS BETWEEN THE 12
EMPLOYER AND THE CER TIFIED EXCLUSIVE R EPRESENTATIVE IF THE EMPLOYER 13
AND THE CERTIFIED EX CLUSIVE REPRESENTATI VE DO NOT REACH AN A GREEMENT 14
BY: 15
(1) STATING THEY HAVE MUT UALLY AGREED THAT TH EY ARE AT AN 16
IMPASSE; 17
(2) MARCH 1 OF THE YEAR IN WHICH A COLLECTIVE BARGAIN ING 18
AGREEMENT WILL EXPIR E; OR 19
(3) IF NEGOTIATIONS WERE EXTENDED, THE DATE TO WHICH 20
NEGOTIATIONS WERE EX TENDED UNDER SUBSECT ION (A)(2) OF THIS SECTION. 21
(C) (1) IF AN IMPASSE IS REAC HED UNDER SUBSECTION (B) OF THIS 22
SECTION, THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL 23
SUBMIT A FINAL OFFER TO THE OTHER PARTY W ITHIN 48 HOURS AFTER THE 24
IMPASSE IS REACHED . 25
(2) UNLESS THE IMPASSE RE ACHED UNDER SUBSECTI ON (B) OF THIS 26
SECTION HAS BEEN RES OLVED, THE DISPUTE AND THE FINAL OFFERS SHALL B E 27
SUBMITTED TO THE MED IATOR SELECT ED BY THE PARTIES IN ACCORDANCE WITH 28
SUBSECTION (D) OF THIS SECTION. 29
(D) (1) WITHIN 30 DAYS AFTER A MEDIATO R IS SELECTED BY THE 30
PARTIES, THE MEDIATOR SHALL : 31
(I) MEET WITH THE DIRECTOR BOARD AND THE CERTIFIED 32
EXCLUSIVE REPRESENTA TIVE; AND 33 HOUSE BILL 65 13
(II) MAKE WRITTEN FINDINGS O F FACT AND 1
RECOMMENDATIONS FOR THE RESOLUTION OF TH E DISPUTE IN ACCORDA NCE WITH 2
THIS SUBSECTION . 3
(2) (I) IF THE PARTIES ARE UN ABLE TO AGREE ON A M EDIATOR, 4
THEY SHALL REQUEST A LIST OF SEVEN MEDIAT ORS FROM THE FEDERAL 5
MEDIATION AND CONCILIATION SERVICE. 6
(II) WITHIN 3 WORKING DAYS AFTER R ECEIVING THE LIST 7
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE PARTIES SHALL 8
ALTERNATELY REMOVE O NE MEDIATOR FROM THE LIST UNTIL ONLY ONE MEDIATOR 9
REMAINS, WHO THE PARTIES SHAL L AGREE WILL SERVE A S THE MEDIATOR UNDER 10
THIS SUBSECTION . 11
(3) THE MEDIATOR SHALL AC T AS AN INTERMEDIARY IN BRINGING 12
THE PARTIES TOGETHER AND SHALL ACTIVELY A SSIST THE PARTIES IN RESOLVING 13
THE DISPUTE BY: 14
(I) CONDUCTING PROCEEDING S IN ACCORDANCE WITH THIS 15
SUBSECTION; 16
(II) REVIEWING THE FINAL P OSITIONS OF THE PART IES; 17
(III) IDENTIFYING THE MAJOR ISSUES IN THE DISPUT E BETWEEN 18
THE PARTIES; 19
(IV) REVIEWING THE POSITIO NS OF THE PARTIES ; AND 20
(V) RECOMMENDING A RESOLU TION FOR THE AGREEME NT OF 21
THE PARTIES. 22
(4) A RESOLUTION UNDER THI S SUBSECTION: 23
(I) SHALL ADDRESS MATTERS SUCH AS WAGES , HOURS, OR 24
TERMS AND CONDITIONS OF EMPLOYMENT ; 25
(II) MAY NOT INCLUDE HEALT H CARE BENEFITS , UNLESS THE 26
BENEFITS ARE CONTRAC TED DIRECTLY THROUGH THE PUBLIC LIBRARY S YSTEM; 27
AND 28
(III) MAY NOT EXCEED 1 FISCAL YEAR, UNLESS AGREED TO BY 29
THE PARTIES. 30
14 HOUSE BILL 65
(5) (I) ANY RESOLUTION UNDER THIS SUBSECTION REGA RDING 1
PENSION BENEFITS SHA LL BE CONSTRUED AS A RECOMMENDATION TO OR FOR 2
CONSIDERATION FOR BY THE APPROPRIATE PENSION ADMINISTRATOR SPONSOR OF 3
THE STATE OR RESPECTIVE C OUNTY. 4
(II) A CHANGE MAY NOT BE MA DE TO PENSION BENEFI TS 5
UNLESS AN APPROPRIAT E PLAN AMENDMENT IS ADOPTED BY THE PLAN SPONSOR 6
OF THE STATE OR RESPECTIVE C OUNTY. 7
(6) (I) BEFORE ISSUING A FINA L DECISION, THE MEDIATO R SHALL 8
TAKE INTO CONSIDERAT ION, AMONG ANY OTHER RELE VANT FACTORS : 9
1. THE WAGES AND PENSION BENEFITS, NOT INCLUDING 10
HEALTH CARE BENEFITS , OF THE EMPLOYEES OF THE BARGAINING UNIT ; 11
2. THE WAGES AND PENSION BENEFITS OF OTHER 12
SIMILARLY SITUATED EMPLOYEES PERFORMING SIMILAR SERVICES IN LIBRARIES 13
OF COMPARABLE COUNTI ES IN THE STATE, TAKING INTO CONSIDER ATION THE 14
COST–OF–LIVING INDEX FOR THE AREA IN WHICH THE CO MPARABLE COUNTY IS 15
LOCATED; 16
3. WAGES AND PENSION BEN EFITS OF SIMILARLY 17
SITUATED COUN TY EMPLOYEES ; 18
4. THE LAST PUBLISHED AN NUAL U.S. DEPARTMENT OF 19
LABOR CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR ALL ITEMS IN 20
THE WASHINGTON–BALTIMORE AREA ; 21
5. THE SPECIAL NATURE OF THE WORK PERFORMED B Y 22
THE EMPLOYEES OF THE BARGAINING UNIT , INCLUDING: 23
A. PHYSICAL REQUIREMENTS OF EMPLOYMENT ; 24
B. EDUCATIONAL REQUIREME NTS; 25
C. JOB TRAINING AND JOB SKILLS; AND 26
D. SHIFT ASSIGNMENTS AND THE DEMANDS PLACED O N 27
THE EMPLOYEES COMPAR ED TO THE DEMANDS PL ACED ON OTHER SIMILA RLY 28
SITUATED LIBRARY EMPLOYEES IN COMPARABLE COUNTY JU RISDICTIONS; 29
6. STATE AND COUNTY MAND ATED EXPENDITURES ; 30
HOUSE BILL 65 15
7. SUBJECT TO SUBPARAGRA PH (II) OF THIS 1
PARAGRAPH , AVAILABILITY OF FUND S, INCLUDING FINANCIAL SOURCES OF 2
REVENUE; AND 3
8. THE INTEREST AND WELF ARE OF THE PUBLIC. 4
(II) IN CONSIDERING THE AV AILABILITY OF FUNDS FOR WAGE 5
INCREASES, THE MEDIATOR SHALL C ONSIDER THE GENERAL FUND REVENUES OF 6
THE RESPECTIVE COUNT Y AND ANY RELATED CO UNTY REPORTS ON REVE NUES. 7
(7) A MEDIATOR MAY NOT : 8
(I) RECOMMEND A WAGE INCREASE WITHOU T APPROVAL OF 9
THE RESPECTIVE GOVER NING BODY; 10
(II) RECOMMEND A PENSION B ENEFIT INCREASE WITH OUT 11
APPROVAL OF THE APPR OPRIATE PENSION ADMINISTRATOR SPONSOR OF THE 12
STATE OR COUNTY ; OR 13
(III) CONSIDER TESTIMONY RE GARDING FUNDS FOR CA PITAL 14
IMPROVEMENTS , SURPLUS CONTINGENCY , OR RESERVE FUNDS . 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 MEDIATOR ’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) THE MEDIATOR SHALL SU BMIT COPIES OF THE M EDIATOR’S 23
WRITTEN FINDINGS AND RECOMMENDATIONS TO T HE DIRECTOR BOARD AND THE 24
CERTIFIED EXCLUSIVE REPRESENTATIVE ON OR BEFORE THE IMMEDIATE LY 25
FOLLOWING APRIL 2. 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
(12) THIS SUBSECTION MAY N OT BE CONSTRUED TO I NTERFERE WITH 30
ANY EFFORTS THE PART IES MAY UNDERTAKE TO REACH AN AGREEMENT A T ANY 31
TIME. 32 16 HOUSE BILL 65
(13) THE GOVERNING BODY IS NOT BOUND B Y ANY DECISION MADE 1
UNDER THIS SUBSECTIO N. 2
(14) THIS SUBSECTION SHALL BE THE EXCLUSIVE PRO CEDURE FOR 3
RESOLVING DISPUTES B ETWEEN THE PARTIES , UNLESS THE PARTIES , BY MUTUAL 4
AGREEMENT , DETERMINE TO USE ANO THER METHOD OF DISPU TE RESOLUTION . 5
(E) (1) THE DIRECTOR BOARD SHALL SUBMIT THE FIN DINGS AND 6
RECOMMENDATIONS OF T HE MEDIATOR TO THE B OARD IN A TIMELY MAN NER 7
CONSISTENT WITH THE TIMING OF PARAGRAPH (2) OF THIS SUBSECTION . 8
(2) THE BOARD SHALL APPRO VE ALL RECOMMENDATIO NS AND 9
FINDINGS OF THE MEDI ATOR THAT DO NOT RELATE TO A F INANCIAL ISSUE OR 10
REQUIRE AN APPROPRIA TION OF ADDITIONAL F UNDS WITHIN 5 DAYS AFTER THE 11
MEDIATOR’S DECISION. 12
23–909. 13
(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE BOARD 14
SHALL SUBMIT A TERM OF A COLLECTIVE BARG AINING AGREEMENT OR 15
MEMORANDUM OF UNDERS TANDING ENTERED INTO UNDER THIS SUBTITLE TO THE 16
GOVERNING BODY WITH THE BOARD’S RECOMMENDATION REG ARDING WHETHER 17
THE AGREEMENT OR THE MEDIATOR’S DECISION REQUIRES AN APPROPRIATION OF 18
ADDITIONAL FUNDS . 19
(2) THE SUBMISSION REQUIRED UNDER THIS SUBSECTION SHALL BE 20
MADE IN A TIMELY MAN NER, TO ENSURE ANY RELEVA NT COUNTY BUDGETARY 21
DEADLINES ARE NOT MI SSED. 22
(B) (1) THE GOVERNING BODY MA Y APPROVE OR REJECT A REQUEST FOR 23
ADDITIONAL FUNDING U NDER SUBSECTION (A) OF THIS SECTION , IN WHOLE OR IN 24
PART. 25
(2) IF THE GOVERNING BODY APPROVES A REQUEST U NDER 26
PARAGRAPH (1) OF THIS SUBSECTION , THE GOVERNING BODY S HALL TAKE ALL 27
ACTIONS NECESSARY TO PROCESS THE REQUEST FOR ADDITIONAL FUNDI NG. 28
(C) THE GOVERNING BODY MA Y APPROVE OR REJECT A REQUEST FOR 29
ADDITIONAL FUNDING , IN WHOLE OR IN PART . 30
(D) (1) IF ANY PART OF A REQU EST FOR ADDITIONAL F UNDING 31
SUBMITTED TO THE GOV ERNING BODY UNDER TH IS SUBSECTION IS REJ ECTED, THE 32
REQUEST FOR ADDITION AL FUNDS SHALL BE RE TURNED TO THE EMPLOY ER AND 33 HOUSE BILL 65 17
THE CERTIFIED EXCLUSIVE REPRE SENTATIVE FOR RENEGO TIATION WITHIN THE 1
LIMITS OF THE FUNDIN G ALLOCATED BY THE G OVERNING BODY . 2
(2) THE RENEGOTIATION SHA LL BE COMPLETED WITH IN A 3
TIMETABLE ESTABLISHE D BY THE GOVERNING B ODY. 4
(3) (I) IF AN IMPASSE IS REAC HED, THE EMP LOYER AND THE 5
CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL SUBMIT A FINAL OFFER , WITHIN 6
THE LIMITS OF THE FU NDING ALLOCATED BY T HE GOVERNING BODY , FOR THE 7
REVIEW OF THE GOVERN ING BODY. 8
(II) THE GOVERNING BODY SH ALL SELECT ONE OF TH E OFFERS 9
SUBMITTED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH . 10
(III) THE SELECTION OF THE GOVERNING BODY IS BI NDING ON 11
ALL PARTIES. 12
(E) (1) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE 13
REPRESENTATIVE ARE M UTUALLY OBLIGATED TO : 14
(I) MEET AT REASONABLE TI MES IN CONSIDERATION OF THE 15
COUNTY’S BUDGET SUBMISSION DATE; AND 16
(II) NEGOTIATE IN GOOD FAI TH ON: 17
1. WAGES, HOURS, AND TERMS AND CONDIT IONS OF 18
EMPLOYMENT ; AND 19
2. DRAFTING A WRITTEN CO LLECTIVE BARGAINING 20
AGREEMENT THAT CONTA INS ALL MATTERS AGRE ED ON AND SIGNED BY 21
AUTHORIZED REPRESENT ATIVES OF BOTH PARTI ES. 22
(2) THE OBLIGATION TO NEG OTIATE IN GOOD FAITH UNDER 23
PARAGRAPH (1)(II) OF THIS SUBSECTION : 24
(I) REQUIRES THAT AN EFFO RT BE MADE BY BOTH P ARTIES TO 25
ARRIVE AT AN AGREEME NT AND REDUCE THE AG REEMENT TO WRITING W ITHIN A 26
REASONABLE PERIOD OF TIME; AND 27
(II) DOES NOT REQUIRE THAT ANY CONCESSION BE MA DE BY 28
EITHER PARTY. 29
23–910. 30
18 HOUSE BILL 65
(A) THE EMPLOYER MAY NOT : 1
(1) INTERFERE WITH , COERCE, UNDULY INFLUENCE , OR RESTRAIN 2
AN EMPLOYEE ’S EXERCISE OF RIGHTS UNDER THIS SUBT ITLE; 3
(2) DOMINATE, INTERFERE WITH , ASSIST IN THE FORMAT ION, 4
ADMINISTRATION , OR EXISTENCE OF , OR CONTRIBUTE FINANC IAL ASSISTANCE OR 5
OTHER SUPPORT TO AN EMPLOYEE ORGANIZATIO N; 6
(3) ENCOURAGE OR DISCOURA GE MEMBERSHIP IN AN EMPLOYEE 7
ORGANIZATION BY DISCRIMINATING AGAIN ST AN EMPLOYEE THROU GH HIRING, 8
TENURE, PROMOTION , OR OTHER CONDITIONS OF EMPLOYMENT ; OR 9
(4) REFUSE TO BARGAIN IN GOOD FAITH WITH AN E MPLOYEE 10
ORGANIZATION THAT IS THE EXCLUSIVE REPRES ENTATIVE OF THE EMPL OYEES. 11
(B) AN EMPLOYEE ORGANI ZATION MAY NOT : 12
(1) INTERFERE WITH , COERCE, UNDULY INFLUENCE , OR RESTRAIN 13
AN EMPLOYEE ’S EXERCISE OF RIGHTS UNDER THIS SUBTITLE ; 14
(2) CAUSE OR ATTEMPT TO C AUSE THE EMPLOYER TO DISCRIMINATE 15
AGAINST AN EMPLOYEE BECAUSE THE EMPLOYEE EXERCISES A RIGHT UNDER THIS 16
SUBTITLE; 17
(3) DISCIPLINE OR FINE A MEMBER OF THE EMPLOY EE 18
ORGANIZATION AS PUNI SHMENT OR REPRISAL ; 19
(4) DISCIPLINE OR FINE A MEMBER OF THE EMPLOY EE 20
ORGANIZATION FOR THE PURPOSE OF IMPEDING THE MEMBER ’S WORK 21
PERFORMANCE ; OR 22
(5) REFUSE TO BARGAIN IN GOOD FAITH WITH THE EMPLOYER OR TO 23
PARTICIPATE IN GOOD FAITH IN A PROCEDURE UNDER THIS SUBTITLE . 24
(C) (1) AN EMPLOYEE WHO IS A MEMBER OF A BARGAINI NG UNIT WITH A 25
CERTIFIED EXCLUSIVE REPRESENTATIVE MAY , WITHOUT THE INTERVEN TION OF AN 26
EMPLOYEE ORG ANIZATION, DISCUSS ANY MATTER W ITH THE EMPLOYER . 27
(2) THIS SUBSECTION DOES NOT WAIVE THE RIGHT OF THE 28
EMPLOYEE ORGANIZATIO N TO BE THE EXCLUSIV E BARGAINING REPRESE NTATIVE 29
FOR ISSUES RELATED T O WAGES, HOURS, AND WORKING CONDITIO NS AND IS NOT 30
INTENDED TO CR EATE AN ALTERNATE PA TH TO ALTER TERMS AN D CONDITIONS OF 31
THE COLLECTIVE BARGA INING AGREEMENT BETW EEN THE PARTIES . 32 HOUSE BILL 65 19
23–911. 1
(A) NOTWITHSTANDING ANY O THER PROVISIONS OF L AW, IT IS THE 2
EXCLUSIVE RIGHT OF T HE EMPLOYER TO : 3
(1) DETERMINE THE PURPOSE S AND OBJECTIVES OF EACH OF I TS 4
CONSTITUENT OFFICES AND DEPARTMENTS ; 5
(2) SET STANDARDS OF SERV ICES TO BE OFFERED T O THE PUBLIC; 6
(3) EXERCISE CONTROL AND DISCRETION OVER ITS ORGANIZATION 7
AND OPERATIONS ; AND 8
(4) DETERMINE THE METHODS , MEANS, PERSONNEL , AND OTHER 9
RESOURCES BY WHICH T HE EMPLOYER ’S OPERATIONS ARE TO BE CONDUCTED , 10
INCLUDING: 11
(I) THE USE OF VOLUNTEERS ; AND 12
(II) THE CONTRACTING OUT O F WORK IF CONSIDERED 13
NECESSARY. 14
(B) SUBJECT TO APPLICABLE PROVISIONS OF A COLL ECTIVE BARGAINING 15
AGREEMENT AND IN ACCORDANCE WI TH THE RESPECTIVE CO UNTY CHARTER AND 16
OTHER APPLICABLE LAW S, THE EMPLOYER MAY : 17
(1) DIRECT ITS EMPLOYEES ; 18
(2) HIRE, PROMOTE, TRANSFER, ASSIGN, OR RETAIN EMPLOYEES ; 19
(3) ESTABLISH REASONABLE WORK RULES ; AND 20
(4) DEMOTE, SUSPEND, DISCHARGE, OR TAKE ANY OTHER 21
DISCIPLINARY ACTION AGAINST ITS EMPLOYEE S FOR JUST CAUSE . 22
(C) THE PROVISIONS OF THI S SECTION SHALL BE D EEMED TO BE PART OF 23
EVERY AGREEMENT EXEC UTED BETWEEN THE EMP LOYER AND A CERTIFIE D 24
EXCLUSIVE REPRESENTA TIVE. 25
(D) THIS SECTION MAY NOT BE CONS TRUED TO DENY THE RI GHT OF AN 26
EMPLOYEE TO SUBMIT A GRIEVANCE WITH REGAR D TO THE EMPLOYER ’S EXERCISE 27
OF ITS RIGHTS UNDER THIS SECTION. 28
20 HOUSE BILL 65
(E) EXCEPT AS OTHERWISE P ROVIDED BY LAW , IF EMPLOYEES HAVE 1
ENTERED INTO A COLLE CTIVE BARGAINING AGR EEMENT WITH THE EMPLO YER 2
UNDER THIS SUBTITLE , THE COLLECTIVE BARGA INING AGREEMENT ENTE RED INTO 3
SUPERSEDES ANY CONFL ICTING REGULATION OR ADMINISTRATIVE POLIC Y OF THE 4
EMPLOYER. 5
23–912. 6
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 7
INDICATED. 8
(2) “LOCKOUT” MEANS THE TEMPORARY WITHHOLDING OF WORK , BY 9
MEANS OF SHUTTING DO WN AN OPERATION OR F UNCTION IN ORDER TO BRING 10
PRESSURE ON EMPLOYEE S OR ON THEIR REPRES ENTATIVES TO ACCEPT A CHANGE 11
IN COMPENSATION OR R IGHTS, PRIVILEGES, OBLIGATIONS, OR OTHER TERMS AND 12
CONDITIONS OF EMPLOY MENT. 13
(3) “SECONDARY BOYCOTT ” MEANS AN ACTIVITY BY AN EMPLOYEE 14
ORGANIZATION OR ITS MEMBERS THAT IS INTE NDED TO INDUCE , ENCOURAGE , OR 15
COERCE PERSONS DOING BUSINESS WITH THE EM PLOYER TO WITHHOLD , 16
WITHDRAW, OR IN ANY RESPEC T CURTAIL THEIR BUSI NESS RELATIONS WITH THE 17
COUNTY. 18
(4) “STRIKE” MEANS THE REFUSAL OR FAILURE BY AN EMPLOY EE OR 19
GROUP OF EMPLOYEES T O PERFORM THEIR DUTI ES OF EMPLOYMENT AS ASSIGNED 20
IF A PURPOSE OF THE REFUSAL OR FAILURE I S TO INDUCE, FORCE, OR REQUIRE T HE 21
EMPLOYER TO ACT OR R EFRAIN FROM ACTING W ITH REGARD TO ANY MA TTER. 22
(5) “WORK STOPPAGE ” MEANS: 23
(I) THE WILLFUL ABSENCE O F A GROUP OF EMPLOYE ES FROM 24
THEIR POSITIONS ; 25
(II) THE ENGAGING IN A SLO WDOWN BY EMPLOYEES ; OR 26
(III) THE REFUSAL OF EMPLOYEES TO PERFORM JOB DUTIES. 27
(B) IN GENERAL, STRIKES, WORK STOPPAGES , LOCKOUTS, AND SECONDARY 28
BOYCOTTS ARE PROHIBI TED. 29
(C) (1) EMPLOYEES AND EMPLOYE E ORGANIZATIONS MAY NOT ENGAGE 30
IN, SPONSOR, INITIATE, SUPPORT, DIRECT, OR CONDONE A STRIKE , WORK 31
STOPPAGE, OR SECONDARY BOYCOTT . 32
HOUSE BILL 65 21
(2) EMPLOYEE ORGANIZATION S MAY NOT ENGAGE IN , INITIATE, 1
SPONSOR, OR SUPPORT, DIRECTLY OR INDIRECT LY, PICKETING OF THE EMP LOYER, 2
ITS PROPERTY, OR FIELD OR OFFICE F ACILITIES IN FURTHER ANCE OF A STRIKE , 3
WORK STOPPAGE , OR SECONDARY BOYCOTT . 4
(D) IF AN EMPLOYEE ORGANI ZATION VIOLATES THIS SECTION, THE BOARD, 5
AFTER A MAJORITY VOT E, MAY: 6
(1) REVOKE THE EMPLOYEE O RGANIZATION’S DESIGNATION AS 7
CERTIFIED EXCLUSIVE REPRESENTATIVE ; 8
(2) DISQUALIFY THE EMPLOY EE ORGANIZATION FROM 9
PARTICIPATING IN REP RESENTATION ELECTION S FOR A PERIOD OF UP TO 2 YEARS; 10
AND 11
(3) TERMINATE IMMEDIATELY THE PAYROLL DEDUCTIO NS FOR THE 12
EMPLOYEE ORGANIZATIO N’S DUES. 13
(E) AN EMPLOYEE WHO VIOLA TES THIS SECTION IS SUBJECT TO IMMEDIATE 14
DISCIPLINARY ACTION , WHICH MAY INCLUDE PE RMANENT DISMISSAL FR OM THE 15
EMPLOYMENT BY THE EM PLOYER FOR JUST CAUS E. 16
(F) (1) THE EMPLOYER MAY NOT DIRECT A LOCKOUT AGA INST 17
EMPLOYEES. 18
(2) THIS SUBSECTION MAY N OT BE CONSTRUED TO P ROHIBIT THE 19
EMPLOYER FROM EXERCI SING ITS MANAGERIA L RIGHTS. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 21
apply only prospectively and may not be applied or interpreted to have any effect on or 22
application to: 23
(1) the composition of a collective bargaining unit that is in existence on 24
the effective date of this Act unless the collective bargaining unit dissolves after the 25
effective date of this Act; 26
(2) a collective bargaining agreement entered into before the effective date 27
of this Act; or 28
(3) collective bargaining negotiations that began before the effective date 29
of this Act. 30
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
July 1, 2023. 32