Maryland 2023 Regular Session

Maryland House Bill HB763 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 91
2	1
3		-	– 1 –
4		-	Chapter 91
5		-	(House Bill 763)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	hb0763
8	9
9		-	~~Montgomery County – Collective Bargaining for Sheriff’s Office Employees –~~
10		-	~~Binding Arbitration Procedures~~
	10	+	HOUSE BILL 763
	11	+	D2, L2 3lr0549
11	12
12		-	MC 13–23
	13	+	By: Montgomery County Delegation
	14	+	Introduced and read first time: February 8, 2023
	15	+	Assigned to: Appropriations
	16	+	Committee Report: Favorable
	17	+	House action: Adopted
	18	+	Read second time: March 10, 2023
13	19
14		-	FOR the purpose of requiring that the procedures for declaring an impasse and submitting
15		-	a dispute to binding arbitration be conducted in accordance with certain provisions
16		-	of the Montgomery County Code if the Sheriff of Montgomery County and a
17		-	bargaining representative are unable to reach agreement during negotiations on
18		-	matters applicable to employees of the Montgomery County Sheriff’s Office; and
19		-	generally relating to collective bargaining for employees of the Montgomery County
20		-	Sheriff’s Office.
	20	+	CHAPTER ______
21	21
22		-	BY repealing and reenacting, without amendments,
23		-	Article – Courts and Judicial Proceedings
24		-	Section 2–329(a) and (b)
25		-	Annotated Code of Maryland
26		-	(2020 Replacement Volume and 2022 Supplement)
	22	+	AN ACT concerning 1
27	23
28		-	BY repealing and reenacting, with amendments,
29		-	Article – Courts and Judicial Proceedings
30		-	Section 2–329(f)
31		-	Annotated Code of Maryland
32		-	(2020 Replacement Volume and 2022 Supplement)
	24	+	Montgomery County – Collective Bargaining for Sheriff’s Office Employees – 2
	25	+	Binding Arbitration Procedures 3
33	26
34		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
35		-	That the Laws of Maryland read as follows:
	27	+	MC 13–23 4
36	28
37		-	Article – Courts and Judicial Proceedings
	29	+	FOR the purpose of requiring that the procedures for declaring an impasse and submitting 5
	30	+	a dispute to binding arbitration be conducted in accordance with certain provisions 6
	31	+	of the Montgomery County Code if the Sheriff of Montgomery County and a 7
	32	+	bargaining representative are unable to reach agreement during negotiations on 8
	33	+	matters applicable to employees of the Montgomery County Sheriff’s Office; and 9
	34	+	generally relating to collective bargaining for employees of the Montgomery County 10
	35	+	Sheriff’s Office. 11
38	36
39		-	2–329.
	37	+	BY repealing and reenacting, without amendments, 12
	38	+	Article – Courts and Judicial Proceedings 13
	39	+	Section 2–329(a) and (b) 14
	40	+	Annotated Code of Maryland 15
	41	+	(2020 Replacement Volume and 2022 Supplement) 16
40	42
41		-	(a) This section applies only in Montgomery County.
	43	+	BY repealing and reenacting, with amendments, 17
	44	+	Article – Courts and Judicial Proceedings 18
	45	+	Section 2–329(f) 19
	46	+	Annotated Code of Maryland 20
	47	+	(2020 Replacement Volume and 2022 Supplement) 21
	48	+	2 HOUSE BILL 763
42	49
43		-	(b) It is the intent of the General Assembly to:
44	50
45		-	(1) Protect the right to bargain of the Montgomery County Executive and
46		-	the Montgomery County Sheriff;
47		-	Ch. 91 2023 LAWS OF MARYLAND
	51	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
	52	+	That the Laws of Maryland read as follows: 2
48	53
49		-	– 2 –
50		-	(2) Preserve a single master collective bargaining agreement to the extent
51		-	that a single exclusive bargaining representative represents multiple units of employees
52		-	covered under the Montgomery County Collective Bargaining Law; and
	54	+	Article – Courts and Judicial Proceedings 3
53	55
54		-	(3) Streamline, facilitate, and make more ef fective the collective
55		-	bargaining process by ensuring that there shall be a single collective bargaining agreement
56		-	with both the Montgomery County government and the Montgomery County Sheriff’s Office
57		-	if a single exclusive bargaining representative represents both county government
58		-	employees and employees of the Sheriff’s Office.
	56	+	2–329. 4
59	57
60		-	(f) (1) Nonprobationary deputy sheriffs below the rank of lieutenant and
61		-	nonprobationary civilian employees as defined in the Montgomery County Code, §
62		-	33–102(4), shall have the right to organize and bargain collectively in accordance with the
63		-	Montgomery County Code, Chapter 33, Article VII, with regard to compensation, pension
64		-	for active employees, fringe benefits, hours, and terms and conditions of employment,
65		-	including performance evaluation procedures.
	58	+	(a) This section applies only in Montgomery County. 5
66	59
67		-	(2) Employees, other than the assistant sheriffs, are subject to the county
68		-	merit system law and personnel regulations and may be excluded from those provisions
69		-	only to the extent that the applicability of those provisions is made the subject of collective
70		-	bargaining.
	60	+	(b) It is the intent of the General Assembly to: 6
71	61
72		-	(3) (i) As to the employees described in paragraph (1) of this subsection,
73		-	the County Executive shall be considered the employer of the employees under the
74		-	Montgomery County Code, Chapter 33, Article VII, only for the purpose of collective
75		-	bargaining for compensation, pension, fringe benefits, and hours.
	62	+	(1) Protect the right to bargain of the Montgomery County Executive and 7
	63	+	the Montgomery County Sheriff; 8
76	64
77		-	(ii) If a single bargaining representative represents both county
78		-	government employees and employees of the Sheriff’s Office, any and all terms and
79		-	conditions of employment set forth in any current and subsequent collective bargaining
80		-	agreement between the county government and the bargaining representative shall be
81		-	applicable to employees of the Sheriff’s Office unless different terms and conditions of
82		-	employment are negotiated by the Sheriff in accordance with paragraph (4) of this
83		-	subsection.
	65	+	(2) Preserve a single master collective bargaining agreement to the extent 9
	66	+	that a single exclusive bargaining representative represents multiple units of employees 10
	67	+	covered under the Montgomery County Collective Bargaining Law; and 11
84	68
85		-	(4) (i) The Sheriff shall be considered the employer for all other
86		-	purposes and shall be considered the employer under the Montgomery County Code,
87		-	Chapter 33, Article VII, for all other terms and conditions of employment.
	69	+	(3) Streamline, facilitate, and make more effective the c ollective 12
	70	+	bargaining process by ensuring that there shall be a single collective bargaining agreement 13
	71	+	with both the Montgomery County government and the Montgomery County Sheriff’s Office 14
	72	+	if a single exclusive bargaining representative represents both county government 15
	73	+	employees and employees of the Sheriff’s Office. 16
88	74
89		-	(ii) If a single bargaining representative represents both county
90		-	government employees and employees of the Sheriff’s Office, the Sheriff shall bargain only
91		-	over particular matters, not involving compensation, pension, fringe benefits, and hours,
92		-	applicable to employees of the Sheriff’s Office.
	75	+	(f) (1) Nonprobationary deputy sheriffs below the rank of lieutenant and 17
	76	+	nonprobationary civilian employees as defined in the Montgomery County Code, § 18
	77	+	33–102(4), shall have the right to organize and bargain collectively in accordance with the 19
	78	+	Montgomery County Code, Chapter 33, Article VII, with regard to compensation, pension 20
	79	+	for active employees, fringe benefits, hours, and terms and conditions of employment, 21
	80	+	including performance evaluation procedures. 22
93	81
94		-	(iii) If the Sheriff and the bargaining representative disagree over
95		-	whether a matter is applicable to employees of the Sheriff’s Office, the dispute shall be WES MOORE, Governor Ch. 91
	82	+	(2) Employees, other than the assistant sheriffs, are subject to the county 23
	83	+	merit system law and personnel regulations and may be excluded from those provisions 24
	84	+	only to the extent that the applicability of those provisions is made the subject of collective 25
	85	+	bargaining. 26
96	86
97		-	– 3 –
98		-	resolved by the Labor Relations Administrator appointed under Chapter 33, Article VII of
99		-	the Montgomery County Code, following the procedures for the resolution of prohibited
100		-	practices charges and consistent with the General Assembly’s intent to preserve a single
101		-	master collective bargaining agreement.
	87	+	(3) (i) As to the employees described in paragraph (1) of this subsection, 27
	88	+	the County Executive shall be considered the employer of the employees under the 28
	89	+	Montgomery County Code, Chapter 33, Article VII, only for the purpose of collective 29
	90	+	bargaining for compensation, pension, fringe benefits, and hours. 30
102	91
103		-	(IV) IF THE SHERIFF AND THE BARGA INING REPRESENTATIVE
104		-	ARE UNABLE TO REACH AN AGREEMENT DURING NEGOTIATIONS ON MATTERS
105		-	APPLICABLE TO EMPLOY EES OF THE SHERIFF’S OFFICE, THE PROCEDURES FOR
106		-	DECLARING AN IMPASSE AND SUBMITTING A DIS PUTE TO BINDING ARBI TRATION
107		-	SHALL BE CONDUCTED I N ACCORDANCE WITH CHAPTER 33, ARTICLE VII OF THE
108		-	MONTGOMERY COUNTY CODE.
	92	+	(ii) If a single bargaining representative represents both county 31
	93	+	government employees and employees of the Sheriff’s Office, any and all terms and 32
	94	+	conditions of employment set forth in any current and subsequent collective bargaining 33
	95	+	agreement between the county government and the bargaining representative shall be 34
	96	+	applicable to employees of the Sheriff’s Office unless different terms and conditions of 35 HOUSE BILL 763 3
109	97
110		-	(5) There shall be only one collective bargaining agreement covering both
111		-	county government employees and employees of the Sheriff’s Office and any agreements
112		-	reached under this paragraph shall be included in an appendix or addendum to the
113		-	agreement between the county government and the bargaining representative.
114	98
115		-	~~(6) Any required funding for the terms of an agreement~~ negotiated by the
116		-	~~Sheriff under this~~ subsection ~~is subject to the budget and fiscal policies of the county~~.
	99	+	employment are negotiated by the Sheriff in accordance with paragraph (4) of this 1
	100	+	subsection. 2
117	101
118		-	(7) ~~Except as provided in~~ the ~~county merit system law and personnel~~
119		-	~~regulations,~~ the ~~provisions of this subsection and any agreement made~~ under ~~it may not~~
120		-	~~impair the right~~ and ~~responsibility~~ of ~~the Sheriff to:~~
	102	+	(4) (i) The Sheriff shall be considered the employer for all other 3
	103	+	purposes and shall be considered the employer under the Montgomery County Code, 4
	104	+	Chapter 33, Article VII, for all other terms and conditions of employment. 5
121	105
122		-	(i) Determine the overall mission of the Sheriff’s Office and, subject
123		-	to the budget and fiscal policies of the county, the Sheriff’s Office budget;
	106	+	(ii) If a single bargaining representative represents both county 6
	107	+	government employees and employees of the Sheriff’s Office, the Sheriff shall bargain only 7
	108	+	over particular matters, not involving compensation, pension, fringe benefits, and hours, 8
	109	+	applicable to employees of the Sheriff’s Office. 9
124	110
125		-	(ii) Maintain and improve the efficiency and effectiveness of
126		-	operations;
	111	+	(iii) If the Sheriff and the bargaining representative disagree over 10
	112	+	whether a matter is applicable to employees of the Sheriff’s Office, the dispute shall be 11
	113	+	resolved by the Labor Relations Administrator appointed under Chapter 33, Article VII of 12
	114	+	the Montgomery County Code, following the procedures for the resolution of prohibited 13
	115	+	practices charges and consistent with the General Assembly’s intent to preserve a single 14
	116	+	master collective bargaining agreement. 15
127	117
128		-	(iii) Determine the services to be rendered and the operations to be
129		-	performed;
	118	+	(IV) IF THE SHERIFF AND THE BARGA INING REPRESENTATIVE 16
	119	+	ARE UNABLE TO REACH AN AGREEMENT DURING NEGOTIATIONS ON MATTERS 17
	120	+	APPLICABLE TO EMPLOY EES OF THE SHERIFF’S OFFICE, THE PROCEDURES FOR 18
	121	+	DECLARING AN IMPASSE AND SUBMITTING A DIS PUTE TO BINDING ARBI TRATION 19
	122	+	SHALL BE CONDUCTED I N ACCORDANCE WITH CHAPTER 33, ARTICLE VII OF THE 20
	123	+	MONTGOMERY COUNTY CODE. 21
130	124
131		-	(iv) Determine the overall organizational structure, methods,
132		-	processes, means, and personnel by which operations are to be conducted and the location
133		-	of facilities;
	125	+	(5) There shall be only one collective bargaining agreement covering both 22
	126	+	county government employees and employees of the Sheriff’s Office and any agreements 23
	127	+	reached under this paragraph shall be included in an appendix or addendum to the 24
	128	+	agreement between the county government and the bargaining representative. 25
134	129
135		-	(v) Direct and supervise employees;
	130	+	(6) Any required funding for the terms of an agreement negotiated by the 26
	131	+	Sheriff under this subsection is subject to the budget and fiscal policies of the county. 27
136	132
137		-	(vi) Hire and select new employees;
	133	+	(7) Except as provided in the county merit system law and personnel 28
	134	+	regulations, the provisions of this subsection and any agreement made under it may not 29
	135	+	impair the right and responsibility of the Sheriff to: 30
138	136
139		-	(vii) Establish the standards governing promotion of employees,
140		-	subject to the county merit system law and personnel regulations;
141		-	Ch. 91 2023 LAWS OF MARYLAND
	137	+	(i) Determine the overall mission of the Sheriff’s Office and, subject 31
	138	+	to the budget and fiscal policies of the county, the Sheriff’s Office budget; 32
142	139
143		-	– 4 –
144		-	(viii) Relieve employees from duties because of lack of work or funds
145		-	or under conditions when the employer determines continued work would be inefficient or
146		-	nonproductive;
	140	+	(ii) Maintain and improve the efficiency and effectiveness of 33
	141	+	operations; 34
147	142
148		-	(ix) ~~Take actions~~ to ~~carry out~~ the ~~mission of government in situations~~
149		-	~~of emergency~~;
	143	+	(iii) Determine the services to be rendered and the operations to be 35
	144	+	performed; 36 4 HOUSE BILL 763
150	145
151		-	(x) Transfer, assign, and schedule employees;
152	146
153		-	(xi) Determine the size and composition of the workforce, subject to
154		-	the county’s budget and fiscal policies;
155	147
156		-	(xii) Set the standards of productivity and technology;
	148	+	(iv) Determine the overall organizational structure, methods, 1
	149	+	processes, means, and personnel by which operations are to be conducted and the location 2
	150	+	of facilities; 3
157	151
158		-	(xiii) Establish employee performance standards and evaluate
159		-	employees;
	152	+	(v) Direct and supervise employees; 4
160	153
161		-	(xiv) Make and implement systems for awarding outstanding service
162		-	increments, extraordinary performance awards, and other merit awards, subject to the
163		-	budget and fiscal policies of the county;
	154	+	(vi) Hire and select new employees; 5
164	155
165		-	(xv) ~~Introduce new or improved technology~~, ~~research, development,~~
166		-	and ~~services~~;
	156	+	(vii) Establish the standards governing promotion of employees, 6
	157	+	subject to the county merit system law and personnel regulations; 7
167	158
168		-	(xvi) Control and regulate the use of machinery, equipment, and other
169		-	property and facilities of the Sheriff’s Office;
	159	+	(viii) Relieve employees from duties because of lack of work or funds 8
	160	+	or under conditions when the employer determines continued work would be inefficient or 9
	161	+	nonproductive; 10
170	162
171		-	(xvii) Maintain internal security standards;
	163	+	(ix) Take actions to carry out the mission of government in situations 11
	164	+	of emergency; 12
172	165
173		-	(xviii) Create, alter, combine, contract out, or abolish any operation,
174		-	unit, or other division or service, except that:
	166	+	(x) Transfer, assign, and schedule employees; 13
175	167
176		-	1. Contracting out work that will displace employees may not
177		-	be undertaken by the employer unless 90 days prior to signing the contract, or on another
178		-	date of notice as agreed to by the parties, written notice has been given to the certified
179		-	representative and the contracting out of work shall be consistent with any applicable
180		-	provision of the Montgomery County Code; and
	168	+	(xi) Determine the size and composition of the workforce, subject to 14
	169	+	the county’s budget and fiscal policies; 15
181	170
182		-	2. Any displacement of bargaining unit members shall be
183		-	conducted in a manner that is consistent with any applicable provision of the Montgomery
184		-	County Code and any applicable collective bargaining agreement;
	171	+	(xii) Set the standards of productivity and technology; 16
185	172
186		-	(xix) Suspend, discharge, or otherwise discipline:
	173	+	(xiii) Establish employee performance standards and evaluate 17
	174	+	employees; 18
187	175
188		-	1. Sworn employees for cause under the Maryland Law
189		-	Enforcement Officers’ Bill of Rights; and WES MOORE, Governor Ch. 91
	176	+	(xiv) Make and implement systems for awarding outstanding service 19
	177	+	increments, extraordinary performance awards, and other merit awards, subject to the 20
	178	+	budget and fiscal policies of the county; 21
190	179
191		-	– 5 –
	180	+	(xv) Introduce new or improved technology, research, development, 22
	181	+	and services; 23
192	182
193		-	2. Civilian employees, subject to the county merit system law
194		-	and collective bargaining agreement where applicable, provided that, subject to § 404 of the
195		-	Montgomery County Charter, any action to suspend, discharge, or otherwise discipline a
196		-	civilian employee may be subject to the grievance procedure set forth in the collective
197		-	bargaining agreement; and
	183	+	(xvi) Control and regulate the use of machinery, equipment, and other 24
	184	+	property and facilities of the Sheriff’s Office; 25
198	185
199		-	(xx) Issue and enforce rules, policies, and regulations necessary to
200		-	carry out the functions of this paragraph and all other managerial functions that are not
201		-	inconsistent with law or the terms of the collective bargaining agreement.
	186	+	(xvii) Maintain internal security standards; 26
202	187
203		-	~~SECTION 2. AND BE IT FURT HER ENACTED~~, ~~That this Act shall take effect~~
204		-	~~October 1~~, ~~2023.~~
	188	+	(xviii) Create, alter, combine, contract out, or abolish any operation, 27
	189	+	unit, or other division or service, except that: 28
205	190
206		-	Approved by the Governor, April 11, 2023.
	191	+	1. Contracting out work that will displace employees may not 29
	192	+	be undertaken by the employer unless 90 days prior to signing the contract, or on another 30
	193	+	date of notice as agreed to by the parties, written notice has been given to the certified 31 HOUSE BILL 763 5
	194	+
	195	+
	196	+	representative and the contracting out of work shall be consistent with any applicable 1
	197	+	provision of the Montgomery County Code; and 2
	198	+
	199	+	2. Any displacement of bargaining unit members shall be 3
	200	+	conducted in a manner that is consistent with any applicable provision of the Montgomery 4
	201	+	County Code and any applicable collective bargaining agreement; 5
	202	+
	203	+	(xix) Suspend, discharge, or otherwise discipline: 6
	204	+
	205	+	1. Sworn employees for cause under the Maryland Law 7
	206	+	Enforcement Officers’ Bill of Rights; and 8
	207	+
	208	+	2. Civilian employees, subject to the county merit system law 9
	209	+	and collective bargaining agreement where applicable, provided that, subject to § 404 of the 10
	210	+	Montgomery County Charter, any action to suspend, discharge, or otherwise discipline a 11
	211	+	civilian employee may be subject to the grievance procedure set forth in the collective 12
	212	+	bargaining agreement; and 13
	213	+
	214	+	(xx) Issue and enforce rules, policies, and regulations necessary to 14
	215	+	carry out the functions of this paragraph and all other managerial functions that are not 15
	216	+	inconsistent with law or the terms of the collective bargaining agreement. 16
	217	+
	218	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
	219	+	October 1, 2023. 18
	220	+
	221	+
	222	+
	223	+	Approved:
	224	+	________________________________________________________________________________
	225	+	Governor.
	226	+	________________________________________________________________________________
	227	+	Speaker of the House of Delegates.
	228	+	________________________________________________________________________________
	229	+	President of the Senate.