EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0984*
HOUSE BILL 984
P4, F5 3lr1214
CF SB 367
By: Delegates J. Lewis, Acevero, Forbes, Harris, Reznik, Smith, and Solomon
Introduced and read first time: February 10, 2023
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
Public Employee Relations Act 2
FOR the purpose of consolidating and altering certain laws governing collective bargaining 3
for certain public employees, including laws related to the establishment of 4
bargaining units, elections and certification of exclusive representatives, employee 5
and employer rights, unfair labor practices, and strikes and lockouts; establishing 6
the Public Employee Relations Board to oversee collective bargaining activities for 7
certain public employees; repealing the State Labor Relations Board, the State 8
Higher Education Labor Relations Board, and the Public School Labor Relations 9
Board; establishing that certain grievance procedures for State employees serve as 10
a certain procedure for certain disputes between certain parties; requiring the Office 11
of Administrative Hearings to resolve certain disputes regarding a certain 12
memorandum of understanding or written agreement under certain circumstances; 13
and generally relating to collective bargaining for public employees. 14
BY repealing 15
Article – Education 16
Section 6–403, 6–406, 6–407, 6–407.2, 6–409 through 6–411, 6–504, 6–506, 6–507, 17
6–509, 6–509.2, and 6–512 through 6–514; 6–801 through 6–807 and the 18
subtitle “Subtitle 8. Public School Labor Relations Board”; and 16–704 19
through 16–706, 16–710, 16–712, 16–714, and 16–715 20
Annotated Code of Maryland 21
(2022 Replacement Volume) 22
BY repealing 23
Article – State Personnel and Pensions 24
Section 3–201 through 3–209 and the subtitle “Subtitle 2. State Labor Relations 25
Board”; 3–2A–01 through 3–2A–09 and the subtitle “Subtitle 2A. State Higher 26
Education Labor Relations Board”; 3–301 through 3–307 and the subtitle 27
“Subtitle 3. Rights of Employees and Employers; Strikes, Lockouts, and 28 2 HOUSE BILL 984
Unfair Labor Practices Prohibited”; and 3–401 through 3–407 and the subtitle 1
“Subtitle 4. Election and Certification of Exclusive Representative” 2
Annotated Code of Maryland 3
(2015 Replacement Volume and 2022 Supplement) 4
BY renumbering 5
Article – Education 6
Section 6–404, 6–405, 6–407.1, 6–408, 6–408.1, 6–505, 6–508, 6–509.1, 6–510, 7
16–707, 16–708, 16–709, 16–711, and 16–713 8
to be Section 6–403, 6–404, 6–405, 6–406, 6–407, 6–504, 6–505, 6–506, 6–507, 9
16–704, 16–705, 16–706, 16–707, and 16–708, respectively 10
Annotated Code of Maryland 11
(2022 Replacement Volume) 12
BY repealing and reenacting, with amendments, 13
Article – Education 14
Section 2–205(e)(4), 6–401, 6–402, 6–501, 6–503, 9.5–703(c)(2) and (3), 16–701, 15
16–702, and 16–703 16
Annotated Code of Maryland 17
(2022 Replacement Volume) 18
BY repealing and reenacting, with amendments, 19
Article – Education 20
Section 6–403, 6–404, 6–406(c)(3), 6–504, 6–505, 6–507(c)(3), and 16–708 21
Annotated Code of Maryland 22
(2022 Replacement Volume) 23
(As enacted by Section 3 of this Act) 24
BY repealing and reenacting, with amendments, 25
Article – Health – General 26
Section 15–903(c)(2) and (3) 27
Annotated Code of Maryland 28
(2019 Replacement Volume and 2022 Supplement) 29
BY adding to 30
Article – State Government 31
Section 21–101 through 21–601 to be under the new title “Title 21. Public Employee 32
Relations” 33
Annotated Code of Maryland 34
(2021 Replacement Volume and 2022 Supplement) 35
BY repealing and reenacting, with amendments, 36
Article – State Personnel and Pensions 37
Section 3–101, 3–501(e), and 3–502 38
Annotated Code of Maryland 39
(2015 Replacement Volume and 2022 Supplement) 40
HOUSE BILL 984 3
BY adding to 1
Article – State Personnel and Pensions 2
Section 3–102(c) and (d) 3
Annotated Code of Maryland 4
(2015 Replacement Volume and 2022 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That Section(s) 6–403, 6–406, 6–407, 6–407.2, 6–409 through 6–411, 6–504, 6–506, 6–507, 7
6–509, 6–509.2, 6–512 through 6–514; 6–801 through 6–807 and the subtitle “Subtitle 8. 8
Public School Labor Relations Board”; and 16–704 through 16–706, 16–710, 16–712, 9
16–714, and 16–715 of Article – Education of the Annotated Code of Maryland be repealed. 10
SECTION 2 AND BE IT FURTHER ENACTED, That Section(s) 3 –201 through 11
3–209 and the subtitle “Subtitle 2. State Labor Relations Board”; 3–2A–01 through 12
3–2A–09 and the subtitle “Subtitle 2A. State Higher Education Labor Relations Board”; 13
3–301 through 3–307 and the subtitle “Subtitle 3. Rights of Employees and Employers; 14
Strikes, Lockouts, and Unfair Labor Practices Prohibited”; and 3–401 through 3–407 and 15
the subtitle “Subtitle 4. Election and Certification of Exclusive Representative” of Article – 16
State Personnel and Pensions of the Annotated Code of Maryland be repealed. 17
SECTION 3. AND BE IT FURTHER E NACTED, That Section(s) 6–404, 6–405, 18
6–407.1, 6–408, 6–408.1, 6–505, 6–508, 6–509.1, 6–510, 16–707, 16–708, 16–709, 16–711, 19
and 16–713 of Article – Education of the Annotated Code of Maryland be renumbered to be 20
Section(s) 6–403, 6–404, 6–405, 6–406, 6–407, 6–504, 6–505, 6–506, 6–507, 16–704, 16–705, 21
16–706, 16–707, and 16–708, respectively. 22
SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 23
as follows: 24
Article – Education 25
2–205. 26
(e) (4) (i) The Public [School Labor] EMPLOYEE Relations Board shall 27
decide any controversy or dispute arising under Title 6, Subtitle 4 or Subtitle 5 of this 28
article. 29
(ii) A decision of the Public [School Labor] EMPLOYEE Relations 30
Board is final. 31
6–401. 32
(a) In this subtitle the following words have the meanings indicated. 33
(b) “Board” means the Public [School Labor] EMPLOYEE Relations Board 34
[established under Subtitle 8 of this title]. 35
4 HOUSE BILL 984
(b–1) “Day” means a calendar day unless otherwise indicated. 1
(c) “Employee organization” [means an organization that: 2
(1) Includes certificated employees of a public school employer or 3
individuals of equivalent status in Baltimore City; and 4
(2) Has as one of its main purposes the representation of the employees in 5
their relations with that public school employer] HAS THE MEANING STAT ED IN § 21–101 6
OF THE STATE GOVERNMENT ARTICLE. 7
(d) (1) “Home and hospital teacher” means a teacher employed by a public 8
school employer to provide instructional services to a public school student who is unable 9
to function effectively in the classroom setting due to the student’s medical, physical, or 10
emotional condition. 11
(2) A home and hospital teacher may teach in: 12
(i) A private home; 13
(ii) A hospital; 14
(iii) A therapeutic center; 15
(iv) A school; or 16
(v) Any other appropriate site. 17
(d–1) “New employee processing” means the process for a newly hired public school 18
employee, whether in person, online, or through other means, in which new employees are 19
advised of their employment status, rights, benefits, duties, responsibilities, and other 20
employment–related matters. 21
(e) (1) “Public school employee” means a certificated professional individual 22
who is employed by a public school employer or an individual of equivalent status in 23
Baltimore City, except for a county superintendent or an individual designated by the 24
public school employer to act in a negotiating capacity as provided in § 6–408(c) of this 25
subtitle. 26
(2) In Montgomery County, “public school employees” include: 27
(i) Certificated and noncertificated substitute teachers employed by 28
the public school employer for at least 7 days before March 1 of the school fiscal year ending 29
June 30, 1978, and each year after; and 30
HOUSE BILL 984 5
(ii) Home and hospital teachers employed by the public school 1
employer for at least 7 days before March 1 of the school fiscal year ending June 30, 2000, 2
and each year after. 3
(3) In Baltimore County, “public school employee” includes a secondary 4
school nurse, an elementary school nurse, and a special school nurse. 5
(4) In Frederick County, “public school employee” includes a social worker 6
employed by a public school employer. 7
(5) In Prince George’s County, “public school employee” includes home and 8
hospital teachers and Junior Reserve Officer Training Corps (JROTC) instructors. 9
(6) In Baltimore County, Calvert County, Charles County, and Garrett 10
County, “public school employee” includes Junior Reserve Officer Training Corps (JROTC) 11
instructors. 12
(7) In Carroll County, “public school employee” includes: 13
(i) A registered nurse; 14
(ii) Supervisory noncertificated employees as defined under § 15
6–501(i) of this title; and 16
(iii) Junior Reserve Officer Training Corps (JROTC) instructors. 17
(f) “Public school employer” means a county board of education or the Baltimore 18
City Board of School Commissioners. 19
6–402. 20
(a) Public school employees may form, join, and participate in the activities of 21
employee organizations of their own choice for the purpose of being represented on all 22
matters that relate to salaries, wages, hours, and other working conditions. 23
[(b) An employee organization may establish reasonable: 24
(1) Restrictions as to who may join; and 25
(2) Provisions for the dismissal of individuals from membership.] 26
(B) PUBLIC SCHOOL EMPLOYE ES, PUBLIC SCHOOL EMPLOYERS , AND 27
EXCLUSIVE REPRESENTA TIVES ARE SUBJECT TO THE PROVISIONS OF TITLE 21 OF 28
THE STATE GOVERNMENT ARTICLE. 29
6–403. 30 6 HOUSE BILL 984
(a) [Each public school employer shall designate, as provided in this subtitle, 1
which employee organization, if any, shall be the exclusive representative of all public 2
school employees in a specified unit in the county. 3
(b) (1) Except as provided in paragraph (2) of this subsection, the public school 4
employer shall determine the composition of the unit in negotiation with any employee 5
organization that requests negotiation concerning the composition of the unit. 6
(2)] In St. Mary’s County, licensed registered school nurses, Junior Reserve 7
Officers’ Training Corps (JROTC) teachers, and supervisory noncertificated employees of 8
the public school employer shall be included in the unit. 9
[(c)] (B) (1) There may not be more than two units in a county. 10
(2) In Baltimore County, one of the units shall consist of employees who 11
are administrative and supervisory certificated employees. The second unit shall consist of 12
all other public school employees as defined under § 6–401(e)(1) and (3) of this subtitle. 13
[(d)] (C) All eligible public school employees shall: 14
(1) Be included in one of these units; and 15
(2) Have the rights granted in this subtitle AND TITLE 21 OF THE STATE 16
GOVERNMENT ARTICLE. 17
6–404. 18
(a) [The designation of an employee organization as an exclusive representative 19
shall be made as provided in this section. 20
(b) If an employee organization certifies to the public school employer that it has 21
a membership enrollment of at least 30 percent of the total number of public school 22
employees in a specified unit in a county as of June 1 of the year in which certification is 23
made, this certification is a request for recognition as exclusive representative of all public 24
school employees in the specified unit in the county. 25
(c) If another employee organization certifies that it has a membership 26
enrollment of at least 10 percent of the total number of public school employees in the unit 27
as of the same June 1, an election shall be held in which the public school employees in the 28
unit shall be offered the opportunity to choose: 29
(1) One of the employee organizations as the exclusive representative of all 30
public school employees in the unit; or 31
(2) Not to have exclusive representation. 32 HOUSE BILL 984 7
(d) If no other employee organization certifies that it has a membership 1
enrollment of at least 10 percent of the total number of public school employees in the unit, 2
on the request of the employee organization under subsection (b) of this section, an election 3
shall be held and the ballot shall offer a choice between: 4
(1) Exclusive representation by the organization; and 5
(2) Not to have exclusive representation. 6
(e) The public school employer shall designate the employee organization 7
described in subsection (b) of this section as the exclusive representative of all public school 8
employees in the specified unit in a county if: 9
(1) No other employee organization certifies that it has a membership 10
enrollment of at least 10 percent of the total number of public school employees in the unit; 11
(2) The employee organization does not request an election under 12
subsection (d) of this section; and 13
(3) The employee organization certifies that it has a membership 14
enrollment of the majority of the public school employees in the unit in the county. 15
(f) (1) The Board shall adopt rules and regulations for: 16
(i) Verifying the number of certificated employees of the public 17
school employer or individuals of equivalent status in Baltimore City who are members in 18
good standing of an employee organization on the date of the certification or who have 19
signed a petition under this section; and 20
(ii) Holding elections under this section and the certification of their 21
results. 22
(2) The Board shall provide for supervision of these elections. 23
(3) The elections] AN ELECTION HELD UNDE R TITLE 21, SUBTITLE 4 24
OF THE STATE GOVERNMENT ARTICLE shall be held: 25
[(i)] (1) In each school facility where public employees are 26
assigned on a regularly scheduled school day; 27
[(ii)] (2) In a manner assuring the secrecy of the ballot; and 28
[(iii)] (3) On a regular working day for public school employees, 29
between June 1 and June 15, inclusive, except in Baltimore City where the elections shall 30
be held between November 1 and November 15 following the date on which certification of 31
required membership enrollment is made. 32 8 HOUSE BILL 984
[(4) In any election held under this section, the employee organization that 1
receives the largest number of votes cast in a unit shall be declared to be the exclusive 2
representative of all public school employees in the unit. If the largest number of votes in 3
the election is cast not to have exclusive representation, a representative may not be 4
designated for the unit. 5
(5)] (B) The public school employer shall provide any assistance required 6
in holding the elections. 7
6–406. 8
(c) (3) A public school employer may not negotiate the school calendar[, the 9
maximum number of students assigned to a class,] or any matter that is precluded by 10
applicable statutory law. 11
6–501. 12
(a) In this subtitle the following words have the meanings indicated. 13
(b) “Board” means the Public [School Labor] EMPLOYEE Relations Board 14
[established under Subtitle 8 of this title]. 15
(c) “Confidential employee” includes an individual whose employment 16
responsibilities require knowledge of the public school employer’s posture in the collective 17
negotiation process, as determined by the public school employer in negotiations with an 18
employee organization that requests negotiation on this issue. 19
(c–1) “Day” means a calendar day unless otherwise indicated. 20
(d) “Employee organization” [means an organization that: 21
(1) Includes noncertificated employees of a public school employer; and 22
(2) Has as one of its main purposes the representation of the employees in 23
their relations with that public school employer] HAS THE MEANING STAT ED IN § 21–101 24
OF THE STATE GOVERNMENT ARTICLE. 25
(e) [“Management personnel”] “MANAGERIAL EMPLOYEE ” includes an 26
individual who is engaged mainly in executive and managerial functions. 27
(e–1) “New employee processing” means the process for a newly hired public school 28
employee, whether in person, online, or through other means, in which new employees are 29
advised of their employment status, rights, benefits, duties, responsibilities, and other 30
employment–related matters. 31
HOUSE BILL 984 9
(f) “Noncertificated employee”, in Montgomery County, means only a full–time 1
employee. 2
(g) (1) “Public school employee” means a noncertificated individual who is 3
employed for at least 9 months a year on a full–time basis by a public school employer. 4
(2) “Public school employee” includes a noncertificated employee in 5
Baltimore City notwithstanding that the noncertificated employee does not work for at 6
least 9 months a year on a full–time basis. 7
(3) “Public school employee” does not include: 8
(i) [Management personnel] A MANAGERIAL EMPLOYEE ; OR 9
(ii) A confidential employee[; or 10
(iii) Any individual designated by the public school employer to act in 11
a negotiating capacity as provided in § 6–510(c) of this subtitle]. 12
(h) (1) “Public school employer” means the county board in each county. 13
(2) “Public school employer” includes the Baltimore City Board of School 14
Commissioners. 15
(i) “Supervisory employee” includes any individual who responsibly directs the 16
work of other employees. 17
6–503. 18
(a) Public school employees may form, join, and participate in the activities of 19
employee organizations of their own choice for the purpose of being represented on all 20
matters that relate to salaries, wages, hours, and other working conditions. 21
[(b) An employee organization may establish reasonable restrictions as to who 22
may join and reasonable provisions for the dismissal of individuals from membership, 23
except that these restrictions and provisions may not discriminate with regard to the terms 24
or conditions of membership because of race, color, marital status, creed, sex, age, or 25
national origin.] 26
(B) PUBLIC SCH OOL EMPLOYEES , PUBLIC SCHOOL EMPLOY ERS, AND 27
EXCLUSIVE REPRESENTA TIVES ARE SUBJECT TO THE PROVISIONS OF TITLE 21 OF 28
THE STATE GOVERNMENT ARTICLE. 29
6–504. 30
10 HOUSE BILL 984
(a) [(1) Each public school employer may designate, as provided in this subtitle, 1
which employee organization, if any, shall be the exclusive representative of all public 2
school employees in a specified unit in the county. 3
(2) In Baltimore City, Garrett County, and Frederick County, the public 4
school employer shall designate, as provided in this subtitle, which employee organization, 5
if any, shall be the exclusive representative of all public school employees in a specified unit 6
in the county. 7
(b) The public school employer shall determine the composition of the unit in 8
negotiation with any employee organization that requests negotiation concerning the 9
composition of the unit. 10
(c)] (1) Except as provided in paragraphs (3) and (5) of this subsection, there 11
may not be more than three units in a county and a unit may not include both supervisory 12
and nonsupervisory employees. 13
(2) If a county has more than three recognized units and, as of July 1, 1974, 14
the units have exclusive representation for collective negotiations, these units may 15
continue as negotiating units. 16
(3) In Baltimore County, there shall be three units, including one unit of 17
supervisory employees as defined in § 6–501(i) of this subtitle. 18
(4) In Carroll County, beginning on October 1, 2007: 19
(i) There shall be no more than three units; and 20
(ii) All units shall be nonsupervisory units. 21
(5) In Baltimore City, the public school employer may designate a fourth 22
unit composed of all Baltimore City school police officers, as defined in § 4–318 of this 23
article, up to and including the rank of lieutenant. 24
[(d) (1)] (B) All eligible public school employees shall: 25
[(i)] (1) Be included in one of these units; and 26
[(ii)] (2) Have the rights granted in this subtitle. 27
[(2) Except for an individual who is designated as management personnel 28
or a confidential employee under this subtitle, each public school employee is eligible for 29
membership in one of the negotiating units.] 30
6–505. 31
HOUSE BILL 984 11
(a) Employee organizations recognized by the public school employer as the 1
exclusive representative of all public school employees in a specified unit on July 1, 1978 2
shall continue to be the exclusive representative[: 3
(1) For the rest of the 2–year initial period as provided by § 6–507 of this 4
subtitle; and 5
(2) Beyond the 2–year period until another election is held as provided 6
under § 6–507 of this subtitle] SUBJECT TO TITLE 21, SUBTITLE 4 OF THE STATE 7
GOVERNMENT ARTICLE. 8
(b) Any collective negotiation agreement that has been entered into by an 9
exclusive representative and a public employer as of July 1, 1978 shall continue in effect 10
for the term of the agreement. 11
6–507. 12
(c) (3) A public school employer may not negotiate the school calendar[, the 13
maximum number of students assigned to a class,] or any matter that is precluded by 14
applicable statutory law. 15
9.5–703. 16
(c) (2) All elections shall be conducted by the [State Labor] PUBLIC 17
EMPLOYEE Relations Board and subject to the requirements and limitations of [Title 3, 18
Subtitle 4 of the State Personnel and Pensions Article] TITLE 21, SUBTITLE 4 OF THE 19
STATE GOVERNMENT ARTICLE. 20
(3) The [State Labor] PUBLIC EMPLOYEE Relations Board may not 21
conduct an election for an exclusive representative if an election or certification of an 22
exclusive representative has taken place within the preceding 2 years. 23
16–701. 24
(a) In this subtitle the following words have the meanings indicated. 25
(b) “Agreement” means a written contract between a public employer and an 26
employee organization. 27
(c) “Arbitration” means a procedure by which parties involved in a grievance 28
submit their differences to an impartial third party for a final and binding decision. 29
(d) “Board” means the [State Higher Education Labor] PUBLIC EMPLOYEE 30
Relations Board. 31
12 HOUSE BILL 984
(e) “Collective bargaining” has the meaning stated in § 3–101(c) of the State 1
Personnel and Pensions Article. 2
(f) “Confidential employee” [means a public employee whose unrestricted access 3
to personnel, budgetary, or fiscal data subject to use by the public employer in collective 4
bargaining, or whose close, continuing working relationship with those responsible for 5
negotiating on behalf of the public employer, would make the employee’s membership in an 6
employee organization as a rank and file employee incompatible with the employee’s 7
duties] HAS THE MEANING STAT ED IN § 21–101 OF THE STATE GOVERNMENT 8
ARTICLE. 9
(g) “Employee organization” [means a labor organization of public employees that 10
has as one of its primary purposes representing those employees in collective bargaining] 11
HAS THE MEANING STAT ED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE. 12
(h) “Exclusive representative” [means an employee organization that has been 13
certified by the Board as representing the employees of a bargaining unit] HAS THE 14
MEANING STATED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE. 15
(i) “Fact–finding” means a process conducted by the Board that includes: 16
(1) The identification of the major issues in an impasse; 17
(2) The review of the positions of the parties; and 18
(3) A resolution of factual differences by an impartial individual or panel. 19
(j) (1) “Faculty” means employees whose assignments involve academic 20
responsibilities, including teachers and department heads. 21
(2) “Faculty” does not include officers, supervisory employees, confidential 22
employees, part–time faculty, or student assistants. 23
(k) “Grievance” means a dispute concerning the application or interpretation of 24
the terms of a collective bargaining agreement. 25
(l) “Impasse” means a failure by a public employer and an exclusive 26
representative to achieve agreement in the course of negotiations. 27
(m) “Officer” means the president, a vice president, a dean, or any other similar 28
official of the community college as appointed by the board of community college trustees. 29
(n) “Part–time faculty” means employees whose assignments involve academic 30
responsibilities, including teachers, counselors, and department heads, who are designated 31
with part–time faculty status by the president of the community college. 32
HOUSE BILL 984 13
(o) (1) “Public employee” means an employee employed by a public employer. 1
(2) “Public employee” includes faculty and part–time faculty at the 2
Baltimore City Community College. 3
(3) “Public employee” does not include: 4
(i) Officers; 5
(ii) Supervisory or confidential employees; or 6
(iii) Student assistants. 7
(p) (1) “Public employer” means the board of community college trustees for a 8
community college. 9
(2) “Public employer” includes the Board of Trustees of Baltimore City 10
Community College for the purposes of collective bargaining with faculty and part–time 11
faculty. 12
[(q) (1) “Showing of interest form” means a written statement from a public 13
employee who wishes to be represented by a petitioning employee organization for the 14
purpose of collective bargaining. 15
(2) “Showing of interest form” includes: 16
(i) A union authorization card; and 17
(ii) A union membership card. 18
(r) “Strike” means, in concerted action with others for the purpose of inducing, 19
influencing, or coercing a change in the wages, hours, or other terms and conditions of 20
employment, a public employee’s: 21
(1) Refusal to report for duty; 22
(2) Willful absence from the position; 23
(3) Stoppage of work; or 24
(4) Abstinence in whole or in part from the proper performance of the 25
duties of employment. 26
(s) “Supervisory employee” means a public employee who has full–time and 27
exclusive authority to act on behalf of a public employer to: 28
14 HOUSE BILL 984
(1) Hire, transfer, suspend, lay off, recall, promote, discharge, assign, 1
reward, or discipline other employees; or 2
(2) Adjust employee grievances.] 3
16–702. 4
(a) It is the intent of the General Assembly that: 5
(1) The State promote harmonious and cooperative relationships with the 6
public employees of the community college system by encouraging collective bargaining 7
practices, protecting the rights of public employees to associate, organize, and vote for their 8
own exclusive representatives, and recognizing the dignity of labor for all employees of the 9
community college system; and 10
(2) A delay in implementation of this subtitle shall be to ensure that 11
community colleges are granted sufficient time to plan for potential negotiations and may 12
not be used to plan for, or engage in, activities that would discourage or otherwise coerce 13
employees seeking to hold an election. 14
(b) This subtitle shall apply: 15
(1) Beginning on September 1, 2022, to: 16
(i) Anne Arundel Community College; 17
(ii) Community College of Baltimore County; 18
(iii) Frederick Community College; 19
(iv) Harford Community College; 20
(v) Howard Community College; 21
(vi) Montgomery College; 22
(vii) Prince George’s Community College; and 23
(viii) College of Southern Maryland; 24
(2) Beginning on September 1, 2023, to: 25
(i) Allegany College of Maryland; 26
(ii) Carroll Community College; 27
(iii) Cecil College; 28 HOUSE BILL 984 15
(iv) Chesapeake College; 1
(v) Garrett College; 2
(vi) Hagerstown Community College; and 3
(vii) Wor–Wic Community College; and 4
(3) Beginning October 1, 2024, Baltimore City Community College. 5
(C) PUBLIC EMPLOYEES , PUBLIC EMPLOYERS , AND EXCLUSIVE 6
REPRESENTATIVES ARE SUBJECT TO THE PROVISIONS OF TITLE 21 OF THE STATE 7
GOVERNMENT ARTICLE. 8
16–703. 9
[(a) The Board shall conduct an election for an exclusive representative of a 10
bargaining unit if: 11
(1) A valid petition is submitted in accordance with § 16–704 of this 12
subtitle; and 13
(2) The bargaining unit involved in the petition is determined to be an 14
appropriate bargaining unit under subsections (b) and (c) of this section. 15
(b) (1) Except as provided in this subtitle, the Board shall determine the 16
appropriateness of each bargaining unit. 17
(2) If there is not a dispute about the appropriateness of the bargaining 18
unit, the Board shall issue an order defining an appropriate bargaining unit. 19
(3) If there is a dispute about the appropriateness of the bargaining unit, 20
the Board shall: 21
(i) Conduct a public hearing, receiving written and oral testimony; 22
and 23
(ii) Issue an order defining the appropriate bargaining unit. 24
(c)] There may be no more than four bargaining units at each community college 25
including: 26
(1) One unit reserved for full–time faculty; 27
(2) One unit reserved for part–time faculty; and 28 16 HOUSE BILL 984
(3) Two units reserved for eligible nonexempt employees, as defined in the 1
federal Fair Labor Standards Act. 2
[(d) The Board may not require the bargaining units at a community college to 3
conform to the requirements of this section if the bargaining units were in existence before 4
September 1, 2022.] 5
16–708. 6
(a) [A public employer has the right to: 7
(1) Determine how the statutory mandate and goals of the community 8
college, including the functions and programs of the community college, its overall budget, 9
and its organizational structure, are to be carried out; and 10
(2) Direct college personnel. 11
(b) A public employee has the right to: 12
(1) Organize; 13
(2) Form, join, or assist any employee organization; 14
(3) Bargain collectively through an exclusive representative; 15
(4) Engage in other lawful concerted activity for the purpose of collective 16
bargaining; and 17
(5) Refrain from engaging in the activities listed under this subsection. 18
(c)] A public employee or group of public employees has the right at any time to: 19
(1) Present a grievance arising under the terms of the agreement to the 20
public employer; and 21
(2) Have the grievance adjusted without the intervention of the exclusive 22
representative. 23
[(d)] (B) The exclusive representative has the right to be present during any 24
meeting involving the presentation or adjustment of a grievance. 25
[(e)] (C) (1) A public employer shall hear a grievance and participate in the 26
adjustment of the grievance. 27
HOUSE BILL 984 17
(2) The adjustment of a grievance may not be inconsistent with the terms 1
of the collective bargaining agreement then in effect. 2
(3) A public employer shall give prompt notice of any adjustment of a 3
grievance to the exclusive representative. 4
[(f) A public employer and an employee organization may not interfere with, 5
intimidate, restrain, coerce, or discriminate against a public employee because the 6
employee exercises rights granted under this section.] 7
Article – Health – General 8
15–903. 9
(c) (2) All elections shall be conducted by the [State Labor] PUBLIC 10
EMPLOYEE Relations Board and subject to the requirements and limitations of [Title 3, 11
Subtitle 4 of the State Personnel and Pensions Article] TITLE 21, SUBTITLE 4 OF THE 12
STATE GOVERNMENT ARTICLE. 13
(3) The [State Labor] PUBLIC EMPLOYEE Relations Board may not 14
conduct an election for an exclusive representative if an election or certification of an 15
exclusive representative has taken place within the preceding 2 years. 16
Article – State Government 17
TITLE 21. PUBLIC EMPLOYEE RELATIONS. 18
SUBTITLE 1. DEFINITIONS; GENERAL PROVISIONS. 19
21–101. 20
(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 21
INDICATED. 22
(B) “BOARD” MEANS THE PUBLIC EMPLOYEE RELATIONS BOARD. 23
(C) “CONFIDENTIAL EMPLOYEE ” INCLUDES AN INDIVIDU AL WHOSE 24
EMPLOYMENT RESPONSIB ILITIES REQUIRE KNOW LEDGE OF THE PUBLIC 25
EMPLOYER’S POSTURE IN THE COL LECTIVE NEGOTIATION PROCESS. 26
(D) UNLESS SPECIFICALLY P ROVIDED OTHERWISE , “DAY” MEANS A 27
CALENDAR DAY. 28
18 HOUSE BILL 984
(E) “EMPLOYEE ORGANIZATION ” MEANS A LABOR ORGANI ZATION IN WHICH 1
PUBLIC EMPLOYEES PAR TICIPATE AND THAT HA S AS ONE OF ITS PRIM ARY 2
PURPOSES REPRESENTIN G PUBLIC EMPLOYEES . 3
(F) “EXCLUSIVE REPRESENTAT IVE” MEANS AN EMPLOYEE OR GANIZATION 4
THAT HAS B EEN CERTIFIED BY THE BOARD AS AN EXCLUSIVE REPRESENTATIVE 5
UNDER SUBTITLE 4 OF THIS TITLE. 6
(G) “LOCKOUT” MEANS ACTION TAKEN B Y A PUBLIC EMPLOYER TO: 7
(1) INTERRUPT OR PREVENT THE CONTINUITY OF TH E EMPLOYEES ’ 8
USUAL WORK FOR THE P URPOSE AND WITH THE INTENT OF COERCING THE 9
EMPLOYEES INTO RELIN QUISHING RIGHTS GUAR ANTEED BY THIS TITLE ; OR 10
(2) BRING ECONOMIC PRESS URE ON EMPLOYEES FOR THE PURPOSE 11
OF SECURING THE AGRE EMENT OF THEIR EXECU TIVE REPRESENTATIVE TO 12
COLLECTIVE BARGAININ G AGREEMENT TERMS . 13
(H) “PUBLIC EMPLOYER” MEANS: 14
(1) THE STATE, INCLUDING ANY UNIT , DEPARTMENT , OR 15
INSTRUMENTALITY OF T HE STATE; 16
(2) A COMMUNITY COLLEGE LISTED UNDER § 16–702(B) OF THE 17
EDUCATION ARTICLE; AND 18
(3) A COUNTY BOARD OF ED UCATION OR THE BALTIMORE CITY 19
BOARD OF SCHOOL COMMISSIONERS . 20
(I) “PUBLIC EMPLOYEE ” MEANS AN INDIVIDUAL WHO: 21
(1) HOLDS A POSITION BY APPOINTMENT OR EMPLO YMENT IN THE 22
SERVICE OF A PUBLIC EMPLOYER WITH COLLEC TIVE BARGAINING RIGH TS UNDER 23
TITLE 3 OF THE STATE PERSONNEL AND PENSIONS ARTICLE, TITLE 6, SUBTITLE 4 24
OR 5 OF THE EDUCATION ARTICLE OR TITLE 16, SUBTITLE 7 OF THE EDUCATION 25
ARTICLE; AND 26
(2) IS NOT A CONFIDENTIA L EMPLOYEE. 27
(J) (1) “SHOWING OF INTEREST F ORM” MEANS A WRITTEN STAT EMENT 28
FROM A PUBLIC EMPLOY EE WHO WISHES TO BE REPRESENTED BY A PETITIONING 29
EMPLOYEE ORGANIZATIO N FOR THE PURPOSE OF COLLECTIVE BARGAININ G. 30
HOUSE BILL 984 19
(2) “SHOWING OF INTEREST F ORM” INCLUDES: 1
(I) A UNION AUTHORIZATIO N CARD; OR 2
(II) A UNION MEMBERSHIP C ARD. 3
(K) “STRIKE” MEANS ANY CONCERTED WORK STOPPAGE TO IND UCE, 4
INFLUENCE, COERCE, OR ENFORCE DEMANDS F OR A CHANGE IN WAGES , HOURS, 5
TERMS, OR OTHER CONDITIONS OF EMPLOYMENT . 6
21–102. 7
(A) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT IT IS T HE PUBLIC 8
POLICY OF THE STATE TO ENCOURAGE AN D PROTECT THE EXERCI SE BY PUBLIC 9
SECTOR EMPLOYEES OF THE FULL FREEDOM OF ASSOCIATION, 10
SELF–ORGANIZATION , AND DESIGNATION OF R EPRESENTATIVES OF TH EIR OWN 11
CHOOSING, FOR THE PURPOSE OF N EGOTIATING THE TERMS AND CONDITIONS OF 12
THEIR EMPLOYMENT OR OTHER MUTUAL AID OR PROTECTION . 13
(B) FOR THE ADVANCEMENT OF T HE RIGHTS DESCRIBED UNDER 14
SUBSECTION (A) OF THIS SECTION AND TO PROMOTE LABOR PEA CE AND THE 15
ORDERLY AND CONSTRUC TIVE RELATIONSHIPS B ETWEEN ALL PUBLIC EM PLOYERS 16
AND THEIR EMPLOYEES , THE GENERAL ASSEMBLY HAS DETERMIN ED THAT THE 17
OVERALL PO LICY MAY BEST BE ACC OMPLISHED BY : 18
(1) GRANTING TO PUBLIC E MPLOYEES THE RIGHT T O ORGANIZE AND 19
CHOOSE FREELY THEIR REPRESENTATIVES ; 20
(2) REQUIRING PUBLIC EMP LOYERS TO NEGOTIATE AND BARGAIN 21
WITH EMPLOYEE ORGANI ZATIONS REPRESENTING PUBLIC EMPLOYEES AND TO 22
ENTER INTO WRITTEN A GREEMENTS EVIDENCING THE RESULT OF THE BA RGAINING; 23
AND 24
(3) ESTABLISHING PROCEDU RES TO PROVIDE FOR T HE PROTECTION 25
OF THE RIGHTS OF PUB LIC EMPLOYEES , THE PUBLIC EMPLOYERS , AND THE PUBLIC 26
AT LARGE. 27
(C) THE LAW OF THE STATE WITH RESPE CT TO THE LABOR RIGH TS OF 28
PUBLIC SECTOR EMPLOY EES IS INTENDED TO F OLLOW THE RIGHTS OF EMPLOYEES 29
UNDER THE FEDERAL NATIONAL LABOR RELATIONS ACT. 30
21–103. 31
20 HOUSE BILL 984
DECISIONS OF THE FEDE RAL NATIONAL LABOR RELATIONS BOARD SHALL BE 1
AFFORDED PERSUASIVE WEIGHT IN ANY INTERPRETATION OF THI S TITLE. 2
SUBTITLE 2. RIGHTS AND DUTIES OF EMPLOYEES, PUBLIC EMPLOYERS, AND 3
EXCLUSIVE REPRESENTATIVES . 4
21–201. 5
(A) EMPLOYEES OF A PUBLIC EMPLOYER HAVE THE RI GHT TO: 6
(1) ENGAGE IN CONCERTED ACTIVITIES FOR THE P URPOSES OF 7
MUTUAL AID OR PROTECTION ; AND 8
(2) REFRAIN FROM ANY OR ALL ACTIVITIES DESCR IBED UNDER ITEM 9
(1) OF THIS SUBSECTION . 10
(B) PUBLIC EMPLOYEES HAVE THE RIGHT TO: 11
(1) FORM, JOIN AND PARTICIPATE IN, OR TO REFRAIN FROM 12
FORMING, JOINING, OR PARTICIPATING IN , ANY EMPLOYEE ORGANIZ ATION OF 13
THEIR OWN CHOOSING ; 14
(2) BE REPRESENTED BY EM PLOYEE ORGANIZATIONS , TO NEGOTIATE 15
COLLECTIVELY WITH TH EIR PUBLIC EMPLOYERS IN THE DETERMI NATION OF THEIR 16
TERMS AND CONDITIONS OF EMPLOYMENT , AND THE ADMINISTRATI ON OF 17
GRIEVANCES ARISING T HEREUNDER ; AND 18
(3) BE FAIRLY REPRESENTE D BY THEIR EXCLUSIVE 19
REPRESENTATIVE , IF ANY, IN COLLECTIVE BARGAI NING. 20
(C) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION , AN 21
EMPLOYEE ORGANIZATIO N MAY ESTABLISH REAS ONABLE: 22
(1) RESTRICTIONS AS TO W HO MAY JOIN; AND 23
(2) PROVISIONS FOR THE D ISMISSAL OF INDIVIDU ALS FROM 24
MEMBERSHIP . 25
(D) AN EMPLOYEE MAY NOT E STABLISH RESTRICTION S AND PROVISIONS 26
UNDER SUBSECTI ON (C) OF THIS SECTION THAT DISCRIMINATE WITH RE GARD TO 27
THE TERMS OR CONDITI ONS OF MEMBERSHIP BE CAUSE OF: 28
(1) AGE; 29 HOUSE BILL 984 21
(2) ANCESTRY; 1
(3) COLOR; 2
(4) CREED; 3
(5) GENDER IDENTITY ; 4
(6) MARITAL STATUS ; 5
(7) MENTAL OR PHYSICAL D ISABILITY; 6
(8) NATIONAL ORIGIN ; 7
(9) RACE; 8
(10) RELIGIOUS AFFILIATIO N, BELIEF, OR OPINION; 9
(11) SEX; OR 10
(12) SEXUAL ORIENTATION . 11
21–202. 12
A PUBLIC EMPLOYER SHAL L EXTEND TO AN EXCLU SIVE REPRESENTATIVE THE 13
RIGHT TO: 14
(1) REPRESENT PUBLIC EMP LOYEES IN: 15
(I) NEGOTIATIONS NOTWITH STANDING THE EXISTEN CE OF AN 16
AGREEMENT WITH AN EM PLOYEE ORGANIZATION THAT IS NO LONGER CE RTIFIED OR 17
RECOGNIZED ; AND 18
(II) THE SETTLEMENT OF GR IEVANCES; 19
(2) (I) ON REQUEST , INFORMATION FROM A P UBLIC EMPLOYER 20
RELEVANT TO THE ADMINISTRATION AND N EGOTIATION OF AN AGR EEMENT OR THE 21
PROPER PERFORMANCE O F THE EMPLOYEE ORGAN IZATION’S DUTIES AS THE 22
PUBLIC EMPLOYEES ’ REPRESENTATIVE ; AND 23
22 HOUSE BILL 984
(II) HAVE THE INFORMATION REQUESTED UNDER ITEM (I) OF 1
THIS ITEM MADE AVAIL ABLE AS SOON AS PRAC TICABLE, BUT NOT LATER THAN 30 2
DAYS AFTER THE PUBLI C EMPLOYER RECEIVES THE REQUEST ; AND 3
(3) COMMUNICATE WITH ITS MEMBERS AND ELECTED OFFICIALS, IN 4
A MANNER AND AT TIME S AT ITS DISCRETION , CONCERNING ISSUES RE LEVANT TO 5
THE ADMINISTRATION A ND NEGOTIATION OF AN AGREEMENT . 6
21–203. 7
(A) ON WRITTEN REQUEST OF AN EXCLUSIVE REPRESE NTATIVE FOR EACH 8
EMPLOYEE IN THE BARG AINING UNIT REPRESEN TED BY THE EXCLUSIVE 9
REPRESENTATIVE , THE PUBLIC EMPLOYER , AS APPROPRIATE , SHALL PROVIDE THE 10
EXCLUSIVE REPRESENTA TIVE WITH THE EMPLOYEE’S: 11
(1) NAME; 12
(2) POSITION CLASSIFICAT ION; 13
(3) UNIT; 14
(4) HOME AND WORK SITE A DDRESSES WHERE THE E MPLOYEE 15
RECEIVES INTEROFFICE OR UNITED STATES MAIL; 16
(5) HOME AND WORK SITE T ELEPHONE NUMBERS ; 17
(6) WORK E–MAIL ADDRESS ; AND 18
(7) POSITION IDENTIFICATION NUMBER. 19
(B) THE PUBLIC EMPLOYER , AS APPROPRIATE , SHALL PROVIDE THE 20
EXCLUSIVE REPRESENTA TIVE WITH THE REQUES TED INFORMATION IN A 21
SEARCHABLE AND ANALY ZABLE ELECTRONIC FOR MAT. 22
(C) NAMES OR LISTS OF EMP LOYEES PROVIDED TO T HE BOARD IN 23
CONNECTION WITH AN EL ECTION UNDER THIS TI TLE ARE NOT SUBJECT TO 24
DISCLOSURE IN ACCORD ANCE WITH TITLE 4 OF THE GENERAL PROVISIONS 25
ARTICLE. 26
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (3) OF THIS 27
SUBSECTION, AN EXCLUSIVE REPRESE NTATIVE SHALL CONSID ER TH E 28
INFORMATION THAT IT RECEIVES UNDER THIS SECTION AS CONFIDENT IAL AND MAY 29
NOT RELEASE THE INFO RMATION TO ANY PERSO N. 30 HOUSE BILL 984 23
(2) AN EXCLUSIVE REPRESEN TATIVE MAY AUTHORIZE THIRD PARTY 1
CONTRACTORS TO USE T HE INFORMATION THAT IT RECEIVES UNDER TH IS SECTION, 2
AS DIRECTED BY THE EXCLUSI VE REPRESENTATIVE , TO CARRY OUT THE EXC LUSIVE 3
REPRESENTATIVE ’S STATUTORY DUTIES U NDER THIS TITLE. 4
(3) AN EXCLUSIVE REPRESEN TATIVE OR AN AUTHORI ZED THIRD 5
PARTY CONTRACTOR MAY USE THE INFORMATION THAT IT RECEIVES UND ER THIS 6
SECTION FOR THE PURPOSE OF MAINT AINING OR INCREASING EMPLOYEE 7
MEMBERSHIP IN AN EMP LOYEE ORGANIZATION . 8
(4) ON WRITTEN REQUEST OF AN EMPLOYEE , AN EXCLUSIVE 9
REPRESENTATIVE SHALL WITHHOLD FURTHER COM MUNICATION WITH THE 10
EMPLOYEE UNLESS OTHE RWISE REQUIRED BY LA W OR THE WRITTEN REQUEST IS 11
REVOKED BY THE EMPLO YEE. 12
21–204. 13
A PUBLIC EMPLOYER HAS THE RIGHT TO: 14
(1) DETERMINE HOW THE ST ATUTORY MANDATE AND GOALS OF THE 15
PUBLIC EMPLOYER , INCLUDING THE FUNCTI ONS AND PROGRAMS OF THE PUBLIC 16
EMPLOYER, ITS OVERALL BUDGET , AND ITS ORGANIZATIONAL STRUC TURE, ARE TO 17
BE CARRIED OUT ; AND 18
(2) DIRECT EMPLOYEES OF THE PUBLIC EMPLOYER . 19
21–205. 20
(A) A PUBLIC EMPLOYER IS P ROHIBITED FROM ENGAG ING IN A LOCKOUT . 21
(B) PUBLIC EMPLOYEES ARE PROHIBITED FROM ENGA GING IN A STRIKE. 22
21–206. 23
(A) A PUBLIC EMPLOYER AND ITS OFFICERS, EMPLOYEES, AGENTS, OR 24
REPRESENTATIVES ARE PROHIBITED FROM ENGA GING IN ANY UNFAIR L ABOR 25
PRACTICE, INCLUDING: 26
(1) INTERFERING WITH , RESTRAINING, OR COERCING EMPLOYEE S IN 27
THE EXERCISE OF THEI R RIGHTS UNDER THIS TITLE; 28
24 HOUSE BILL 984
(2) DOMINATING , INTERFERING WITH , CONTRIBUTING FINANCI AL OR 1
OTHER SUPPORT TO , OR ASSISTING IN THE FORMATION, EXISTENCE, OR 2
ADMINISTRATION OF AN Y EMPLOYEE ORGANIZAT ION; 3
(3) GRANTING ADMINISTRAT IVE LEAVE TO EMPLOYE ES TO ATTEND 4
EMPLOYER SPONSORED O R SUPPORTED MEETINGS OR EV ENTS RELATING TO AN 5
ELECTION UNDER SUBTITLE 4 OF THIS TITLE, UNLESS THE PUBLIC EM PLOYER 6
GRANTS EMPLOYEES AT LEAST THE SAME AMOUN T OF ADMINISTRATIVE LEAVE TO 7
ATTEND LABOR ORGANIZ ATION SPONSORED OR S UPPORTED MEETINGS OR 8
EMPLOYEE MEETINGS ; 9
(4) DISCRIMINATING IN HI RING, TENURE, OR ANY TERM OR 10
CONDITION OF EMPLOYM ENT TO ENCOURAGE OR DISCOURAGE MEMBERSHI P IN AN 11
EMPLOYEE ORGANIZATIO N; 12
(5) DISCHARGING OR DISCR IMINATING AGAINST AN EMPLOYEE 13
BECAUSE OF THE SIGNI NG OR FILING OF AN A FFIDAVIT, PETITION, OR COMPLAINT , 14
OR GIVING INFORMATIO N OR TESTIMONY IN CO NNECTION WITH MATTER S UNDER 15
THIS TITLE; 16
(6) FAILING TO PROVIDE A LL EMPLOYEE ORGANIZA TIONS INVOLVED 17
IN AN ELECTION THE S AME RIGHTS OF ACCESS AS REQUIRED BY THE BOARD 18
THROUGH REGULATION ; 19
(7) ENGAGING IN SURVEILL ANCE OF UNION ACTIVI TIES; 20
(8) REFUSING TO BARGAIN IN GOOD FAITH; 21
(9) FAILING TO MEET AN E STABLISHED NEGOTIATI ON DEADLINE , 22
UNLESS A WRITTEN AGR EEMENT BETWEEN THE P UBLIC EMPLOYER AND T HE 23
EXCLUSIVE REPRESENTA TIVE PROVIDES OTHERW ISE; 24
(10) ENGAGING IN A LOCKOU T; OR 25
(11) SPENDING PUBLIC MONE Y, USING PUBLIC RESOURC ES, OR 26
PROVIDING ASSISTANCE TO AN INDIVIDUAL OR GROUP FOR A NEGATIVE CAMPAIGN 27
AGAINST EFFORTS BY E MPLOYEES OF A PUBLIC EMPLOYER OR AN EMPLO YEE 28
ORGANIZATION TO : 29
(I) GAIN OR RETAIN COLLE CTIVE BARGAINING RIG HTS; OR 30
(II) CERTIFY AN EMPLOYEE ORGANIZATION AS AN E XCLUSIVE 31
REPRESENTATIVE . 32 HOUSE BILL 984 25
(B) EMPLOYEE ORGANIZATION S AND THEIR AGENTS O R REPRESENTATIVES 1
ARE PROHIBITED FROM ENGAGING IN ANY UNFA IR LABOR PRACTICE , INCLUDING: 2
(1) INTERFERING WITH , RESTRAINING, OR COERCING EMPLOYEE S IN 3
THE EXERCISE OF THEI R RIGHTS UNDER THIS TITLE; 4
(2) CAUSING OR ATTEMPTIN G TO CAUSE A PUBLIC EMPLOYER TO 5
DISCRIMINATE IN HIRI NG, TENURE, OR ANY TERM OR CONDI TION OF EMPLOYMENT 6
TO ENCOURAGE OR DISCOURAGE MEMBER SHIP IN AN EMPLOYEE ORGANIZATION ; 7
(3) ENGAGING IN , INDUCING, OR ENCOURAGING ANY P ERSON TO 8
ENGAGE IN A STRIKE , AS DEFINED IN § 21–205 OF THIS SUBTITLE; 9
(4) INTERFERING WITH THE STATUTORY DUTIES OF THE STATE OR A 10
PUBLIC EMPLOYER ; 11
(5) REFUSING TO BARGAIN IN GOOD FAITH; OR 12
(6) NOT FAIRLY REPRESENT ING EMPLOYEES IN COL LECTIVE 13
BARGAINING OR IN ANY OTHER MATTER IN WHIC H THE EMPLOYEE ORGAN IZATION 14
HAS THE DUTY OF FAIR REPRESENTATION . 15
21–207. 16
(A) EACH EXCLUSIVE REPRES ENTATIVE HAS TH E RIGHT TO COMMUNICA TE 17
WITH THE EMPLOYEES T HAT IT REPRESENTS . 18
(B) (1) PUBLIC EMPLOYERS SHAL L ALLOW AN EXCLUSIVE 19
REPRESENTATIVE TO : 20
(I) MEET WITH A NEW EMPL OYEE IN A BARGAINING UNIT 21
REPRESENTED BY THE E XCLUSIVE REPRESENTAT IVE WITHIN THE FIRST FULL PAY 22
PERIOD OF THE NEW EM PLOYEE’S START DATE; OR 23
(II) ATTEND AND PARTICIPA TE IN A NEW EMPLOYEE PROGRAM 24
THAT INCLUDES ONE OR MORE EMPLOYEES WHO A RE IN A BARGAINING U NIT 25
REPRESENTED BY THE E XCLUSIVE REPRESENTAT IVE. 26
(2) THE NEW EMPLOYEE PROG RAM DESCRIBED I N PARAGRAPH (1)(II) 27
OF THIS SUBSECTION M AY BE A NEW EMPLOYEE ORIENTATION , TRAINING, OR OTHER 28
PROGRAM THAT THE PUB LIC EMPLOYER AND AN EXCLUSIVE REPRESENTA TIVE 29
NEGOTIATE IN ACCORDA NCE WITH TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION 30 26 HOUSE BILL 984
ARTICLE, TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE, OR TITLE 3 OF THE 1
STATE PERSONNEL AND PENSIONS ARTICLE. 2
(3) EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS SUBSECTION , 3
THE EXCLUSIVE REPRES ENTATIVE SHALL BE AL LOWED AT LEAST 30 MINUTES TO 4
MEET WITH THE NEW EM PLOYEE OR TO COLLEC TIVELY ADDRESS ALL N EW 5
EMPLOYEES IN ATTENDA NCE DURING A NEW EMP LOYEE PROGRAM . 6
(4) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 7
PARAGRAPH , A MEETING BETWEEN TH E NEW EMPLOYEE AND T HE EXCLUSIVE 8
REPRESENTATIVE SHALL BE IN PERSON. 9
(II) AN EXCLUSIV E REPRESENTATIVE MAY CHOOSE TO MEET 10
WITH A NEW EMPLOYEE BY VIDEO OR SIMILAR TECHNOLOGY IF PUBLIC HEALTH 11
CONCERNS NECESSITATE THAT A MEETING BE CO NDUCTED REMOTELY . 12
(5) A PUBLIC EMPLOYER AND AN EXCLUSIVE REPRESE NTATIVE MAY 13
NEGOTIATE A PERIOD O F TIME THAT IS MORE THAN 30 MINUTES IN ACCORDANC E 14
WITH TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, TITLE 16, SUBTITLE 15
7 OF THE EDUCATION ARTICLE, OR TITLE 3 OF THE STATE PERSONNEL AND 16
PENSIONS ARTICLE. 17
(6) A PUBLIC EMPLOYER : 18
(I) SHALL ENCOURAGE AN EMPLOYEE TO MEET WIT H THE 19
EXCLUSIVE REPRESENTA TIVE OR ATTEND THE P ORTION OF A NEW EMPL OYEE 20
PROGRAM DESIGNATED F OR AN EXCLUSIVE REPR ESENTATIVE TO ADDRES S NEW 21
EMPLOYEES; AND 22
(II) MAY NOT REQUIRE AN E MPLOYEE TO MEET WITH AN 23
EXCLUSIVE REPRESENTA TIVE OR ATT END THE PORTION OF A NEW EMPLOYEE 24
PROGRAM DESIGNATED F OR AN EXCLUSIVE REPR ESENTATIVE TO ADDRES S NEW 25
EMPLOYEES IF THE EMP LOYEE OBJECTS TO ATT ENDING. 26
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION 27
AND SUBJECT TO PARAG RAPH (3) OF THIS SUBSEC TION, A PUBLIC EMPLOYER SH ALL 28
PROVIDE THE EXCLUSIV E REPRESENTATIVE AT LEAST 10 DAYS’ NOTICE OF THE 29
START DATE OF A NEW EMPLOYEE IN A BARGAI NING UNIT REPRESENTE D BY THE 30
EXCLUSIVE REPRESENTA TIVE. 31
(2) A PUBLIC EMPLOYER MAY PROVIDE THE EXCLUSIV E 32
REPRESENTAT IVE WITH LESS THAN 10 DAYS’ NOTICE IF THERE IS A N URGENT NEED 33
CRITICAL TO THE EMPL OYER THAT WAS NOT RE ASONABLY FORESEEABLE . 34 HOUSE BILL 984 27
(3) THE NOTICE REQUIRED U NDER PARAGRAPH (1) OF THIS 1
SUBSECTION SHALL : 2
(I) BE PROVIDED ELECTRON ICALLY TO THE LOCAL PRESIDENT 3
OR EXCLUSIVE REPRESEN TATIVE DESIGNEE WITH IN 5 DAYS OF THE EMPLOYEE ’S 4
FIRST CHECK–IN; 5
(II) EXCEPT AS PROVIDED I N ITEM (III) OF THIS PARAGRAPH , 6
INCLUDE THE NEW EMPL OYEE’S NAME, UNIT, AND ALL EMPLOYEE IDE NTIFICATION 7
NUMBERS, INCLUDING WORKDAY NUMBERS ; 8
(III) EXCLUDE THE NEW EMPL OYEE’S SOCIAL SECURITY 9
NUMBER; AND 10
(IV) BE CONSIDERED CONFID ENTIAL BY AN EXCLUSI VE 11
REPRESENTATIVE . 12
(4) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 13
PARAGRAPH , AN EXCLUSIVE REPRESE NTATIVE MAY NOT DISC LOSE THE 14
INFORMAT ION IN A NOTICE. 15
(II) THE EXECUTIVE REPRESE NTATIVE MAY AUTHORIZ E A 16
THIRD–PARTY CONTRACTOR TO USE THE INFORMATION IN A NOTICE, AS DIRECTED 17
BY THE EXCLUSIVE REP RESENTATIVE , TO FULFILL THE EXCLU SIVE 18
REPRESENTATIVE ’S STATUTORY DUTIES . 19
21–208. 20
AN EMPLOYE E ORGANIZATION CERTI FIED AS THE EXCLUSIV E 21
REPRESENTATIVE SHALL : 22
(1) SERVE AS THE SOLE AN D EXCLUSIVE BARGAINI NG AGENT FOR ALL 23
EMPLOYEES IN THE BAR GAINING UNIT; 24
(2) REPRESENT FAIRLY AND WITHOUT DISCRIMINATI ON ALL 25
EMPLOYEES IN THE BAR GAINING UNIT, WHETHER OR NOT THE E MPLOYEES ARE 26
MEMBERS OF THE EMPLO YEE ORGANIZATION OR ARE PAYING DUES OR O THER 27
CONTRIBUTIONS TO IT OR PARTICIPATING IN ITS AFFAIRS; AND 28
(3) PROMPTLY FILE WITH T HE BOARD ALL CHANGES AND 29
AMENDMENTS TO THE OR GANIZATION’S GOVERNING DOCUME NTS. 30
28 HOUSE BILL 984
21–209. 1
(A) AN EMPLOYEE ORGANIZAT ION IS ENTITLED TO M EMBERSHIP DUES 2
DEDUCTION, ON PRESENTATION BY T HE EMPLOYEE ORGANIZA TION OF: 3
(1) DUES DEDUCTION AUTHO RIZATION CARDS ; 4
(2) ELECTRONIC MEMBERSHI P APPLICATION; OR 5
(3) OTHER METHOD BY WHIC H AN EMPLOYEE HAS MANIFES TED 6
ASSENT FOR MEMBERSHI P DUES DEDUCTION . 7
(B) (1) A PUBLIC EMPLOYER SHAL L COMMENCE MAKING DU ES 8
DEDUCTIONS AS SOON A S PRACTICABLE , BUT NOT LATER THAN 30 DAYS AFTER 9
RECEIVING THE PROOF PRESENTED UNDER SUBS ECTION (A) OF THIS SECTION. 10
(2) A PUBLIC EMPLOYER SHAL L TRANSMIT MEMBERSHI P DUES TO 11
THE EMPLOYEE ORGANIZ ATION WITHIN 30 DAYS AFTER THE DEDUC TIONS ARE 12
MADE. 13
(3) A PUBLIC EMPLOYER SHAL L ACCEPT AN AUTHORIZ ATION TO 14
DEDUCT FROM THE SALA RY OF A PUBLIC EMPLO YEE AN AMOUNT FOR TH E PAYMENT 15
OF DUES IN ANY FORMA T AUTHORIZED UNDER § 21–106 OF THE COMMERCIAL LAW 16
ARTICLE. 17
(C) THIS SECTION MAY NOT BE CONSTRUED TO REQU IRE AN EMPLOYEE TO 18
BECOME A MEMBER OF A N EMPLOYEE ORGANIZAT ION. 19
(D) (1) THE RIGHT OF AN EMPLO YEE ORGANIZATION TO MEMBERSHIP 20
DUES DEDUCTION SHALL R EMAIN IN FULL FORCE AND EFFECT UNTIL : 21
(I) AN EMPLOYEE REVOKES MEMBERSHIP IN ACCORD ANCE 22
WITH A COLLECTIVE BA RGAINING AGREEMENT O R THE MEMBERSHIP APP LICATION; 23
(II) THE EMPLOYEE CANCELS MEMBERSHIP DUES DEDU CTION 24
UNDER § 2–403 OF THE STATE PERSONNEL AND PENSIONS ARTICLE; OR 25
(III) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 26
EMPLOYEE IS NO LONGE R EMPLOYED BY THE PU BLIC EMPLOYER . 27
(2) IF WITHIN A PERIOD OF 1 YEAR, THE EMPLOYEE IS EMPL OYED BY 28
THE SAME PUBLIC EMPL OYER IN A PO SITION REPRESENTED B Y THE SAME 29 HOUSE BILL 984 29
EXCLUSIVE REPRESENTA TIVE, THE RIGHT TO MEMBERS HIP DUES DEDUCTION 1
SHALL BE AUTOMATICAL LY REINSTATED . 2
(E) IF THE EMPLOYEE WHO H AS CONSENTED TO DUES DEDUCTION IS 3
EITHER REMOVED FROM A PUBLIC EMPLOYER ’S PAYROLL OR OTHERWI SE PLACED 4
ON AN INVOLUNTARY OR VOLUNTARY LEAVE OF A BSENCE, WHETHER PAID OR 5
UNPAID, THE PUBLIC EMPLOYEE ’S MEMBERSHIP DUES DE DUCTION AUTHORIZATIO N 6
SHALL: 7
(1) REMAIN EFFECTIVE ; AND 8
(2) BE CONTINUED ON THE PUBLIC EMPLOYEE ’S RETURN TO THE 9
PAYROLL OR RESTORAT ION TO ACTIVE EMPLOY MENT FROM A LEAVE OF ABSENCE. 10
(F) IF AN AUTHORIZATION F OR A PUBLIC EMPLOYER TO MAKE 11
MEMBERSHIP DUES DEDU CTION WAS IN EFFECT ON JUNE 30, 2023: 12
(1) THE RIGHT OF THE EMP LOYEE ORGANIZATION T O MEMBERSHIP 13
DUES DEDUCTION SHALL CONTINUE UN LESS THE RIGHT IS TE RMINATED UNDER 14
SUBSECTION (D) OF THIS SECTION; AND 15
(2) THE EMPLOYEE ORGANIZ ATION MAY NOT BE REQ UIRED TO 16
PRESENT NEW AUTHORIZ ATION UNDER SUBSECTI ON (A) OF THIS SECTION. 17
21–210. 18
(A) A PUBLIC EMPLOYER OR I TS OFFICERS, OR AN AGENT OF THE PUBLIC 19
EMPLOYER, MAY NOT SPEND PUBLIC MONEY, USE PUBLIC RESOURCES , OR PROVIDE 20
ASSISTANCE TO AN IND IVIDUAL OR GROUP FOR A NEGATIVE CAMPAIGN AGAINST 21
EFFORTS BY EMPLOYEES OF A PUBLIC EMPLOYER OR AN EMPLOYEE ORGAN IZATION 22
TO: 23
(1) GAIN OR RETAIN COLLE CTIVE BARGAINING RIGHTS ; OR 24
(2) CERTIFY AN EMPLOYEE ORGANIZATION AS AN E XCLUSIVE 25
REPRESENTATIVE . 26
(B) (1) WITHIN 7 DAYS AFTER A VALID E LECTION HAS BEEN SCH EDULED 27
UNDER SUBTITLE 4 OF THIS TITLE, THE PUBLIC EMPLOYER SHALL ALLOW PUBLIC 28
EMPLOYEES AND EMPLOY EE ORGANIZATIONS TO ACC ESS THE EMPLOYER ’S 29
PROPERTY AND FACILIT IES, INCLUDING GROUNDS , ROOMS, BULLETIN BOARDS , 30
INTEROFFICE MAIL , AND OTHER COMMON ARE AS FOR CAMPAIGN ACTI VITIES FOR 31
THE ELECTION . 32 30 HOUSE BILL 984
(2) THE PUBLIC EMPLOYER M AY NOT: 1
(I) LIMIT THE AMOUNT OF TIME A PUBLIC EMPLOYEE HAS 2
ACCESS TO THE PUBLIC EMPLOYER’S PROPERTY AND FACIL ITIES DURING AN 3
ELECTION UNDER THIS SECTION; OR 4
(II) ALTER OR REVISE EXIS TING RULES OR REGULA TIONS TO 5
UNFAIRLY LIMIT OR PR OHIBIT PUBLIC EMPLOY EES OR EMPLOYEE ORGA NIZATIONS 6
FROM EXERCISING THEIR RIG HTS UNDER THIS TITLE . 7
(3) THIS SUBSECTION MAY N OT BE CONSTRUED TO A LLOW CAMPAIGN 8
ACTIVITIES TO INTERF ERE WITH A PUBLIC EM PLOYER’S OPERATIONS. 9
SUBTITLE 3. PUBLIC EMPLOYEE RELATIONS BOARD. 10
21–301. 11
THERE IS A PUBLIC EMPLOYEE RELATIONS BOARD ESTABLISHED AS AN 12
INDEPENDENT UNIT OF STATE GOVERNMENT . 13
21–302. 14
(A) THE BOARD CONSISTS OF THE FOLLOWING FIVE MEMBE RS: 15
(1) A CHAIR APPOINTED BY THE GOVERNOR WITH THE ADV ICE AND 16
CONSENT OF THE SENATE, REPRESENTING THE PUB LIC; 17
(2) TWO MEMBER S CHOSEN FROM A LIST OF CANDIDATES SUBMIT TED 18
BY EACH EXCLUSIVE RE PRESENTATIVE , APPOINTED BY THE GOVERNOR WITH DUE 19
REGARD FOR ANY CANDI DATES WHO HAVE MAJOR ITY OR PLURALITY SUP PORT 20
FROM EXCLUSIVE REPRE SENTATIVES, WITH THE ADVICE AND CONSENT OF THE 21
SENATE; AND 22
(3) TWO MEMBERS CHOSEN F ROM A LIST OF CANDID ATES SUBMITTED 23
BY PUBLIC EMPLOYERS , APPOINTED BY THE GOVERNOR WITH THE ADV ICE AND 24
CONSENT OF THE SENATE. 25
(B) EACH MEMBER OF THE BOARD: 26
(1) MUST HAVE KNOWLEDGE OF AND EXPERIENCE WI TH LABOR LAW , 27
LABOR MEDIATION, OR LABOR NEGOTIATION S; 28
HOUSE BILL 984 31
(2) MAY NOT BE OFFICERS OR EMPLOYEES OF A PU BLIC EMPLOYER , 1
OR OF AN EMPLOYEE OR GANIZATION; AND 2
(3) MUST BE KNOWN FOR OB JECTIVE AND INDEPEND ENT JUDGMENT . 3
(C) BEFORE TAKING OFFICE , EACH MEMBER SHALL TA KE THE OATH 4
REQUIRED BY ARTICLE I, § 9 OF THE MARYLAND CONSTITUTION. 5
(D) (1) THE TERM OF A MEMBER IS 6 YEARS. 6
(2) THE TERMS OF MEMBERS ARE STAGGERED AS REQ UIRED BY THE 7
TERMS PROVIDED FOR M EMBERS OF THE BOARD ON JULY 1, 2023. 8
(3) A VACANCY SHALL BE FIL LED FOR AN U NEXPIRED TERM IN THE 9
SAME MANNER AS AN OR IGINAL APPOINTMENT . 10
(4) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 11
A SUCCESSOR IS APPOI NTED AND QUALIFIES . 12
(5) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 13
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSO R IS APPOINTED AND 14
QUALIFIES. 15
(E) THE GOVERNOR MAY REMOVE A MEMBER ONLY FOR INCO MPETENCE OR 16
MISCONDUCT . 17
(F) IN MAKING APPOINTMENT S TO THE BOARD, THE GOVERNOR SHALL 18
ENSURE, TO THE EXTENT PRACTI CABLE, THAT THE RATIO OF MA LE TO FEMALE 19
MEMBERS AND THE RACI AL MAKEUP OF THE BOARD IS REFLECTIVE O F THE 20
GENERAL POPULATION O F THE STATE. 21
21–303. 22
(A) (1) A MAJORITY OF THE VOTI NG MEMBERS SHALL CON STITUTE A 23
QUORUM FOR : 24
(I) THE TRANSACTION OF A NY BUSINESS; OR 25
(II) THE EXERCISE OF ANY POWER OR THE PERFORM ANCE OF 26
ANY DUTY AUTHORIZED OR IMPOSED BY LAW . 27
(2) FORMAL ACTION MAY NOT BE TAKEN BY THE BOARD WITHOUT 28
THE APPROVAL OF A MA JORITY OF THE VOTING MEMBERS OF THE BOARD. 29 32 HOUSE BILL 984
(B) THE BOARD SHALL SET THE T IMES AND PLACES OF I TS MEETINGS, BUT 1
SHALL MEET AT LEAST ONCE PER MONTH . 2
(C) (1) AN APPOINTED MEMBER O F THE BOARD IS ENTITLED TO : 3
(I) THE COMPENSATION PRO VIDED IN THE STATE BUDGET ; 4
AND 5
(II) REIMBURSEMENT FOR EX PENSES UNDER THE STANDARD 6
STATE TRAVEL REGULATIONS AS PROVID ED IN THE STATE BUDGET . 7
(2) THE CHAIR OF THE BOARD SHALL GIVE FULL TIME TO THE DUTIES 8
OF CHAIR AND IS ENTI TLED TO A SALARY AS PROVIDED IN THE STATE BUDGET . 9
21–304. 10
(A) (1) THE BOARD SHALL APPOINT A N EXECUTIVE DIRECTOR OF THE 11
BOARD. 12
(2) THE EXECUTIVE DIRECTOR: 13
(I) IS RESPONSIBLE TO AN D SERVES AT THE PLEA SURE OF THE 14
BOARD; 15
(II) MUST HAVE KNOWLEDGE OF AND EXPERIENCE WI TH LABOR 16
ISSUES; AND 17
(III) IS ENTITLED TO THE S ALARY PROVIDED IN TH E STATE 18
BUDGET. 19
(B) THE EXECUTIVE DIRECTOR SHALL PERFOR M THE DUTIES THAT THE 20
BOARD ASSIGNS, INCLUDING: 21
(1) OPERATING THE OFFICE OF THE BOARD; AND 22
(2) KEEPING THE OFFICIAL RECORDS OF THE BOARD. 23
(C) THE EXECUTIVE DIRECTOR MAY HIRE ANY STAFF NECESSARY TO 24
CARRY OUT THE PROVIS IONS OF THIS TITLE. 25
21–305. 26
HOUSE BILL 984 33
(A) THE BOARD SHALL APPOINT : 1
(1) A DEPUTY DIRECTOR FO R EXECUTIVE BRANCH LABOR 2
RELATIONS; 3
(2) A DEPUTY DIRECTOR FO R PUBLIC SCHOOL LABO R RELATIONS; 4
AND 5
(3) A DEPUTY DIRECTOR FO R PUBLIC HIGHER EDUC ATION LABOR 6
RELATIONS. 7
(B) THE DEPUTY DIRECTORS : 8
(1) ARE RESPONSIBLE TO AN D SERVE AT THE PLEAS URE OF THE 9
BOARD; 10
(2) MUST HAVE KNOWLEDGE OF AND EXPERIENCE WI TH LABOR 11
ISSUES AND THE SUBJE CT MATTER AREA ASSOC IATED WITH THEIR POS ITIONS; AND 12
(3) ARE ENTITLED TO THE SALARY PROVIDED IN T HE STATE BUDGET. 13
21–306. 14
(A) THE BOARD IS RESPONSIBLE FOR ADMINISTERING AN D ENFORCING 15
PROVISIONS OF: 16
(1) THIS TITLE; 17
(2) TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE; 18
(3) TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE; AND 19
(4) TITLE 3 OF THE STATE PERSONNEL AND PENSIONS ARTICLE. 20
(B) IN ADDITION TO ANY OT HER POWERS OR DUTIES PROVIDED FOR 21
ELSEWHERE IN THIS TI TLE, TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, 22
TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE, AND TITLE 3 OF THE STATE 23
PERSONNEL AND PENSIONS ARTICLE, THE BOARD MAY: 24
(1) ESTABLISH PROCEDURES FOR, SUPERVISE THE CONDUC T OF, AND 25
RESOLVE DISPUTES ABO UT ELECTIONS FOR EXC LUSIVE REPRESENTATIV ES; 26
34 HOUSE BILL 984
(2) ESTABLISH PROCEDURES FOR AND RESOLVE DISP UTES ABOUT 1
PETITIONS FOR BARGAI NING UNIT CLARIFICAT ION; 2
(3) ESTABLISH PROCEDURES FOR AND RESOLVE DISP UTES ABOUT 3
PETITIONS AND ELECTI ONS FOR DECERTIFICAT ION OF AN EXCLUSIVE 4
REPRESENTATIVE ; 5
(4) INVESTIGATE AND TAKE APPROPRIATE ACTION I N RESPONSE TO 6
COMPLAINTS OF UNFAIR LABOR PRACTICES , INCLUDING STRIKES A ND LOCKOUTS ; 7
(5) ESTABLISH PROCEDURES FOR AND RESOLVE DISP UTES ABOUT 8
THE NEGOTIABILITY OF BARGAINING SUBJECTS ; 9
(6) ON APPLICATION BY AN EXCLUSIVE REPRESENTA TIVE OR PUBLIC 10
EMPLOYER, DETERMINE THAT THE A PPLICANT SHALL BE DE SIGNATED AS A JOINT 11
PUBLIC EMPLOYER OF PUBLIC E MPLOYEES IN AN EMPLO YER–EMPLOYEE 12
BARGAINING UNIT DETE RMINED IN ACCORDANCE WITH SUBTITLE 4 OF THIS TITLE 13
WHEN SUCH DETERMINAT ION WOULD BEST EFFEC TUATE THE PURPOSES O F THIS 14
SUBTITLE; AND 15
(7) RESOLVE MATTERS AS P ROVIDED IN §§ 6–408, 6–510, AND 16–711 16
OF THE EDUCATION ARTICLE. 17
(C) THE BOARD SHALL HAVE BROA D DISCRETION TO TAKE AND ORDER 18
REMEDIAL ACTIONS WHE N IT FINDS THAT A PA RTY HAS COMMITTED AN UNFAIR 19
LABOR PRACTICE , INCLUDING THE RESTOR ATION OF ANY RIGHT , PAY, STATUS, OR 20
BENEFIT LOST BY A PUBLIC EMPLO YEE OR GROUP OF PUBL IC EMPLOYEES , DUE TO 21
VIOLATIONS OF THIS T ITLE. 22
(D) TO ENFORCE THE PROVIS IONS OF THIS SUBTITL E, THE BOARD MAY: 23
(1) ISSUE SUBPOENAS ; AND 24
(2) ADMINISTER OATHS AND AFFIRMATIONS , EXAMINE WITNESSES , 25
AND RECEIVE EVI DENCE. 26
(E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 27
THE BOARD SHALL ADOPT AND ENFORCE REGULATIONS , GUIDELINES, AND 28
POLICIES TO CARRY OU T THIS TITLE. 29
(2) THE BOARD MAY NOT ADOPT A NY REGULATION , GUIDELINE, OR 30
POLICY THAT: 31
HOUSE BILL 984 35
(I) UNNECESSARILY DELAYS THE RESOLUTION OF DISPUT ES 1
OVER ELECTIONS , UNFAIR LABOR PRACTIC ES, OR ANY OTHER MATTER UNDER THIS 2
TITLE; OR 3
(II) RESTRICTS OR WEAKENS THE PROTECTIONS PROV IDED TO 4
PUBLIC EMPLOYEES AND EMPLOYEE ORGANIZATIO NS UNDER THIS TITLE OR UNDER 5
REGULATIONS . 6
21–307. 7
(A) (1) IF A PARTY HAS BEEN C HARGED WITH ENGAGING IN OR HAS 8
ENGAGED IN AN UNFAIR LABOR PRACTICE , THE APPROPRIATE DEPU TY DIRECTOR 9
SHALL INVESTIGATE TH E CHARGE. 10
(2) IF THE BOARD, THROUGH THE DEPUTY D IRECTOR’S 11
INVESTIGATION , FINDS THAT PROBABLE CAUSE EXISTS TO SUPPORT TH E CHARGE 12
OF AN UNFAIR LABOR P RACTICE, THE BOARD SHALL: 13
(I) ISSUE A COMPLAINT AG AINST THE PARTY STAT ING THE 14
CHARGES; AND 15
(II) NOT LESS THAN 15 DAYS AFTER ISSUING T HE COMPLAINT , 16
ISSUE A NOTICE OF A HEARING BEFORE THE BOARD OR THE OFFICE OF 17
ADMINISTRATIVE HEARINGS. 18
(B) THE BOARD MAY NOT ISSUE A COMPLAINT UNDER SUBS ECTION (A)(2)(I) 19
OF THIS SECTION IF T HE UNFAIR LABOR PRAC TICE OCCURRED MORE T HAN 6 20
MONTHS BEFORE THE FI LING OF THE CHARGE . 21
(C) (1) THE DEPUTY D IRECTORS SHALL ENDEA VOR AT ALL TIMES TO 22
SEEK INFORMAL RESOLU TION OF CHARGES OR C OMPLAINTS. 23
(2) THE BOARD AND THE APPROPR IATE DEPUTY DIRECTOR SHALL 24
MAKE ALL PRACTICAL A ND REASONABLE EFFORT S TO RESOLVE CHARGES AND 25
COMPLAINTS OF UNFAIR LABOR PRACTICES IN A SWIFT MANNER . 26
(D) FOR THE PURPOSES OF E XAMINATION AND THE R IGHT TO COPY, THE 27
BOARD AND THE DEPUTY DIRECTORS SHALL AT A LL REASONABLE TIMES HAVE 28
ACCESS TO EVIDENCE O F A PERSON BEING INV ESTIGATED OR PROCEED ED AGAINST 29
THAT RELATES TO A MA TTER UNDER INVESTIG ATION OR IN QUESTION UNDER THIS 30
SECTION. 31
36 HOUSE BILL 984
(E) (1) IF THERE IS A CHARGE OF AN UNFAIR LABOR P RACTICE 1
RESULTING FROM A PAR TY’S CONDUCT IN COLLECT IVE BARGAINING AND T HAT IS 2
ALLEGED TO HAVE AN E FFECT ON THE COURSE OF COLLECTIVE BARGAI NING: 3
(I) THE APPROPR IATE DEPUTY DIRECTOR SHALL DETERMINE 4
WHETHER THERE IS PRO BABLE CAUSE FOR THE BOARD TO ISSUE A COMP LAINT; AND 5
(II) IF THE DEPUTY DIRECT OR DETERMINES THERE IS 6
PROBABLE CAUSE , THE BOARD SHALL ISSUE A C OMPLAINT WITHIN 30 DAYS AFTER 7
THE FILING OF THE CH ARGE. 8
(III) IF A COMPLAINT IS IS SUED, THE BOARD SHALL RESOLVE 9
THE COMPLAINT AND IS SUE A FINAL DECISION WITHIN 90 DAYS AFTER THE FILIN G 10
OF THE CHARGE . 11
(2) THE BOARD MAY ACCELERATE THE TIME TO RESOLVE CHARGES 12
AND COMPLAINTS IN EX IGENT CIRCUMSTANCES UNDER REGULATIONS ADOPTED BY 13
THE BOARD. 14
(F) (1) THE APPROPRIATE DEPUT Y DIRECTOR SHALL PRO SECUTE ANY 15
CHARGE FOR WHICH THE BOARD HAS ISSUED A CO MPLAINT IN A HEARING BEFORE 16
THE BOARD OR THE OFFICE OF ADMINISTRATIVE HEARINGS. 17
(2) THE CHARGING PARTY HA S THE RIGHT TO PARTICIPATE I N ANY 18
HEARING BEFORE THE BOARD OR THE OFFICE OF ADMINISTRATIVE HEARINGS. 19
(G) THE BOARD SHALL ACCEPT DO CUMENTS FILED BY E –MAIL. 20
21–308. 21
(A) IF A PERSON FAILS TO COMPLY WITH AN ORDER ISSUED BY THE BOARD, 22
A MEMBER OF THE BOARD MAY PETITION THE CIRCUIT COURT TO ORDER THE 23
PERSON TO COMPLY WIT H THE BOARD’S ORDER. 24
(B) THE BOARD MAY NOT BE REQU IRED TO POST BOND IN AN ACTION 25
UNDER SUBSECTION (A) OF THIS SECTION. 26
21–309. 27
(A) THE BOARD IS NOT BOUND BY ANY PRIOR REGULATION , ORDER, 28
ACTION, OPINION, OR DECISION OF THE STATE LABOR RELATIONS BOARD, THE 29
PUBLIC SCHOOL LABOR RELATIONS BOARD, OR THE STATE HIGHER EDUCATION 30 HOUSE BILL 984 37
LABOR RELATIONS BOARD, EXCEPT FOR DECISIONS REGARDING UNIT 1
COMPOSITION UNDER § 21–401(C) OF THIS TITLE. 2
(B) A PRIOR ORDER , ACTION, OPINION, OR DECISION OF A LAB OR BOARD 3
LISTED UNDER SUBSECT ION (A) OF THIS SECTION OR A NY OTHER BODY MAY BE 4
CONSIDERED FOR ITS P ERSUASIVE VALUE . 5
(C) THE BOARD SHALL BE BOUND BY JUDICIAL ORDERS R EGARDING THE 6
SCOPE OF BARGAINING UNDER TITLE 6, SUBTITLES 4 AND 5 OF THE EDUCATION 7
ARTICLE. 8
SUBTITLE 4. ELECTIONS AND CERTIFICATION OF EXCLUSIVE REPRESENTATIVES . 9
21–401. 10
(A) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, THE BOARD 11
SHALL CONDUCT AN ELE CTION FOR AN EXCLUSI VE REPRESENTATIVE OF A 12
BARGAINING UNIT IF: 13
(1) A VALID PETITION IS FILED IN ACCORDANCE WITH § 21–402 OF 14
THIS SUBTITLE; AND 15
(2) THE BARGAINING UNIT INVOLVED IN THE PETI TION IS 16
DETERMINED TO BE AN APPROPRIATE BARGAINI NG UNIT UNDER § 21–403 OF THIS 17
SUBTITLE. 18
(B) THE BOARD MAY NOT CON DUCT AN ELECTION FOR AN EXCLUSIVE 19
REPRESENTATIVE OF A BARGAINING UNIT IF T HE BOARD HAS CONDUCTED A N 20
ELECTION OR CERTIFIE D AN EXCLUSIVE REPRE SENTATIVE FOR THAT B ARGAINING 21
UNIT WITHIN THE IMME DIATELY PRECEDING 12 MONTHS. 22
(C) (1) AN EXCLUSIVE REPRESEN TATIVE OR A BARGAINING UNIT IN 23
EXISTENCE ON JUNE 30, 2023: 24
(I) SHALL CONTINUE WITHO UT THE REQUIREMENT O F AN 25
ELECTION AND CERTIFI CATION UNTIL A QUEST ION CONCERNING REPRE SENTATION 26
IS RAISED UNDER THIS TITLE; OR 27
(II) UNTIL THE BOARD FINDS THE UNIT NOT TO BE 28
APPROPRIATE AFTER CH ALLENGE BY THE PUBLI C EMPLOYER , A MEMBER OF THE 29
UNIT, OR AN EMPLOYEE ORGAN IZATION. 30
38 HOUSE BILL 984
(2) (I) THE APPROPRIATENESS O F THE UNIT MAY NOT B E 1
CHALLENGED UNTIL THE EXPIRATION OF ANY CO LLECTIVE BARGAIN ING 2
AGREEMENT IN EFFECT ON JUNE 30, 2023. 3
(II) THE BOARD MAY NOT MODIFY ANY BARGAINING UNIT 4
DETERMINED UNDER EXI STING LAW. 5
21–402. 6
(A) A PETITION FOR THE ELE CTION OF AN EXCLUSIV E REPRESENTATIVE OF 7
A BARGAINING UNIT MA Y BE FILED WITH THE BOARD BY: 8
(1) AN EMPLOYEE ORGANIZA TION SEEKING CERTIFI CATION AS AN 9
EXCLUSIVE REPRESENTA TIVE; OR 10
(2) AN EMPLOYEE , A GROUP OF EMPLOYEES , OR AN EMPLOYEE 11
ORGANIZATION SEEKING A NEW ELECTION TO DE TERMINE AN EXCLUSIVE 12
REPRESENTATIVE . 13
(B) A PETITION SHALL : 14
(1) CONTAIN THE INFORMATIO N THE BOARD REQUIRES ; AND 15
(2) BE ACCOMPANIED BY A SHOWING OF INTEREST FORMS FROM 30% 16
OF THE EMPLOYEES IN THE APPROPRIATE UNIT INDICATING THEIR DES IRE TO BE 17
EXCLUSIVELY REPRESEN TED BY THE EXCLUSIVE REPRESENTATIVE NAMED IN THE 18
PETITION FOR THE PURPOSE OF C OLLECTIVE BARGAINING . 19
(C) IF THE BOARD DETERMINES THAT A REQUIRED SHOWING O F INTEREST 20
IS NOT ADEQUATE , THE BOARD: 21
(1) SHALL ALLOW AT A MIN IMUM AN ADDITIONAL 30 DAYS FOR THE 22
PETITIONER TO SUBMIT ADDITIONAL SHOWING O F INTEREST FORMS AFTER THE 23
PETITIONER IS NOTIFI ED OF THE DETERMINAT ION; AND 24
(2) MAY, FOR GOOD CAUSE , PROVIDE ADDITIONAL T IME TO THE 25
PETITIONER TO PROVID E ADDITIONAL FORMS . 26
(D) IF A PETITION IS SUPP ORTED BY MORE THAN 50% OF THE PUBLIC 27
EMPLOYEES IN THE BAR GAINING UNIT , THE PUBLIC EMPLOYER SHALL 28
IMMEDIATELY RECOGNIZ E THE EMPLOYEE ORGAN IZATION AS THE EXCLU SIVE 29
REPRESENTATIVE AND A FFORD TO THE EXCLUSI VE REPRESENTATIVE AN D ITS 30
MEMBERS ALL RIGHTS D UE UNDER THIS TITLE . 31 HOUSE BILL 984 39
(E) (1) A PETITION FILED UNDER SUBSECTION (A) OF THIS SECTION 1
SHALL INCLUDE SHOWIN G OF INTEREST FORMS PROVIDED TO THE BOARD FROM AN 2
EMPLOYEE ORGANIZATIO N. 3
(2) THE BOARD SHALL ACCEPT A SHOWING OF INTEREST FORM 4
WHETHER OR NOT THE S IGNATURES ON THE FOR M ARE ELECTRONIC OR 5
HANDWRITTEN . 6
(3) (I) FOR AN ELECTION THAT IS CONDUCTED TO DETERMINE 7
WHETHER AN EXCLUSIVE REPRESENTATIVE SHOUL D REPRESENT A UNIT , A 8
SHOWING OF INTEREST FORM IS VALID IF THE SIGNATURES WERE COLL ECTED 9
WITHIN THE 18–MONTH PERIOD IMMEDIA TELY PRECEDING THE D ATE ON WHICH A 10
PETITION FOR THE ELE CTION IS FILED. 11
(II) FOR AN ELECTION THAT IS CONDUCTED TO DETE RMINE 12
WHETHER AN EXCLUSIVE REPRESENTATIVE SHOUL D NO LONGER REPRESEN T A 13
UNIT, A SHOWING OF INTERES T FORM IS VALID IF T HE SIGNATURES WERE 14
COLLECTED WITHIN THE 90–DAY PERIOD IMMEDIATE LY PRECEDING TH E DATE ON 15
WHICH THE PETITION F OR ELECTION IS FILED . 16
(4) A SHOWING OF INTEREST FORM MAY BE USED BY A PUBLIC 17
EMPLOYEE FOR EACH PU BLIC EMPLOYER THAT E MPLOYS THE PUBLIC EM PLOYEE. 18
(F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A PUBLIC 19
EMPLOYER SHALL PROVIDE TO THE BOARD AND THE EMPLOYE E ORGANIZATION AN 20
ALPHABETICAL LIST OF PUBLIC EMPLOYEES IN EACH BARGAINING UNIT WITHIN 2 21
DAYS AFTER A PETITIO N FOR AN ELECTION IS FILED. 22
(2) THE LIST REQUIRED TO BE PROVIDED UNDER PA RAGRAPH (1) OF 23
THIS SUBSECTION SHA LL: 24
(I) INCLUDE FOR EACH PUB LIC EMPLOYEE ON THE PAYROLL 25
FOR THE LAST PAY PER IOD BEFORE A PETITIO N FOR ELECTION IS FI LED, THE 26
PUBLIC EMPLOYEE ’S: 27
1. NAME; 28
2. POSITION CLASSIFICAT ION; 29
3. HOME AND WORK SITE A DDRESSES WHERE THE 30
EMPLOYEE RECEI VES INTEROFFICE OR UNITED STATES MAIL; 31
40 HOUSE BILL 984
4. HOME AND WORK SITE T ELEPHONE NUMBERS ; 1
5. PERSONAL CELL PHONE NUMBER; AND 2
6. WORK E–MAIL ADDRESS ; AND 3
(II) IDENTIFY EACH PUBLIC EMPLOYEE THAT SHOULD BE 4
EXCLUDED AS AN ELIGI BLE VOTER WITH A STATEMENT EXPLAINING THE REASON 5
FOR THE EXCLUSION . 6
(3) A PUBLIC EMPLOYER MAY NOT CHALLENGE THE EL IGIBILITY OF 7
A PUBLIC EMPLOYEE ’S VOTE IN AN ELECTIO N IF THE EMPLOYER FA ILS TO EXPLAIN 8
AS REQUIRED UNDER PA RAGRAPH (2) OF THIS SUBSECTION T HE REASON FOR 9
EXCLUDING A PUBLIC EMPLO YEE UNDER THIS SUBSE CTION. 10
(4) ON APPLICATION BY A P UBLIC EMPLOYER OR AN EMPLOYEE 11
ORGANIZATION , THE BOARD MAY DETERMINE T HAT A PUBLIC EMPLOYE R SHALL BE 12
DESIGNATED AS A JOIN T PUBLIC EMPLOYER OF A PUBLIC EMPLOYEE WI THIN A 13
BARGAINING UN IT UNDER THIS SUBTIT LE WHEN THE DESIGNAT ION WOULD BEST 14
EFFECTUATE THE PURPO SES OF THIS TITLE. 15
21–403. 16
(A) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, TITLE 6, 17
SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, TITLE 16, SUBTITLE 7 OF THE 18
EDUCATION ARTICLE, OR TITLE 3 OF THE STATE PERSONNEL AND PENSIONS 19
ARTICLE, THE BOARD SHALL DETERMINE THE APPROPRIATENESS OF EACH 20
BARGAINING UNIT . 21
(2) IF THERE IS NO DISPUT E ABOUT THE APPROPRI ATENESS OF THE 22
ESTABLISHMENT OF THE BARGAINING UNIT , THE BOARD SHALL ISSUE AN ORDER 23
DEFINING AN APPROPRI ATE BARGAINING UNIT . 24
(3) IF THERE IS A DISPUTE ABOUT THE APPROPRIAT ENESS OF THE 25
ESTABLISHMENT OF THE BARGAINING UNIT , THE BOARD SHALL: 26
(I) CONDUCT A HEARING ; AND 27
(II) ISSUE AN ORDER DEFIN ING AN APPROPRIATE B ARGAINING 28
UNIT. 29
HOUSE BILL 984 41
(B) IF THE APPROPRIATE BA RGAINING UNIT AS DET ERMINED BY THE 1
BOARD DIFFERS FROM TH E BARGAINING UNIT DE SCRIBED IN THE PETIT ION, THE 2
BOARD MAY: 3
(1) DISMISS THE PETITION ; OR 4
(2) DIRECT AN ELECTION I N THE APPROPRIATE BA RGAINING UNIT IF 5
AT LEAST 30% OF THE SIGNATURES INCLU DED IN THE PETITION ARE OF EMPLOYEES 6
IN THE APPROPRIATE B ARGAINING UNIT . 7
(C) A BARGAINING UNIT MAY CONSIST ONLY OF PUBL IC EMPLOYEES. 8
21–404. 9
EACH EMPLOYEE ORGANIZ ATION THAT SEEKS CER TIFICATION AS AN 10
EXCLUSIVE REPRESENTA TIVE SHALL FILE WITH THE BOARD: 11
(1) A COPY OF THE EMPLOY EE ORGANIZATION ’S GOVERNING 12
DOCUMENTS THAT : 13
(I) GIVE INDIVIDUAL MEMB ERS THE RIGHT TO PAR TICIPATE IN 14
ACTIVITIES OF THE OR GANIZATION; 15
(II) REQUIRE PERIODIC ELE CTIONS BY SECRET BAL LOT THAT 16
ARE CONDUCTED W ITH RECOGNIZED SAFEG UARDS TO ENSURE THE EQUAL RIGHTS 17
OF ALL MEMBERS TO NO MINATE, SEEK OFFICE, AND VOTE IN THE ELEC TIONS; AND 18
(III) DIRECT FULL AND ACCU RATE ACCOUNTING OF A LL INCOME 19
AND EXPENSES USING S TANDARD ACCOUNTING M ETHODS; AND 20
(2) A CERTIFICATION THAT THE EMPLOYE E ORGANIZATION ACCEP TS 21
MEMBERS WITHOUT REGA RD TO ANY CHARACTERI STIC LISTED IN § 21–201(D) OF 22
THIS TITLE. 23
21–405. 24
(A) (1) WITHIN 5 DAYS AFTER DETERMINI NG THAT A VALID PETI TION HAS 25
BEEN SUBMITTED UNDER § 21–402 OF THIS SUBTITLE , THE BOARD SHALL NOTIFY 26
INTERESTED EMPLOYEE ORGANIZATIONS OF THE PENDING ELECTION PET ITION. 27
(2) WITHIN 10 DAYS AFTER DETERMINI NG THAT A VALID PETI TION 28
HAS BEEN SUBMITTED U NDER § 21–402 OF THIS SUBTITLE, THE PUBLIC EMPLOYER , 29
AS APPROPRIATE , SHALL MAKE AVAILABLE TO ALL INTERESTED EM PLOYEE 30 42 HOUSE BILL 984
ORGANIZATIONS REASON ABLE AND EQUIVALENT MEANS TO COMMUNICATE BY MAIL 1
AND IN PERSON WITH E ACH EMPLOYEE IN THE APPROPRIATE BARGAINI NG UNIT FOR 2
THE PURPOSE OF SOLIC ITING THE EMPLOYEE ’S VOTE IN AN ELECTIO N HELD UNDER 3
THIS SECTION. 4
(B) AN ELECTION SHALL BE HELD IN A BARGAINING UNIT WITHIN 90 DAYS 5
AFTER THE FILING OF A VALID PETITION FOR ELECTION IN THE BARG AINING UNIT 6
IN ACCORDANCE WITH G UIDELINES ESTABLISHE D BY THE BOARD. 7
(C) (1) (I) THE BOARD SHALL CONDUCT T HE ELECTION: 8
1. BY SECRET BALLOT ; AND 9
2. SUBJECT TO SUBPARAGR APH (II) OF THIS 10
PARAGRAPH , IN WHOLE OR IN PART BY IN–PERSON VOTING , MAIL, OR AN 11
ELECTRONIC VOTING SY STEM. 12
(II) THE BOARD MAY DESIGNATE T HE TIME PERIOD FOR 13
IN–PERSON VOTING UNDER SUBPARAGRAPH (III) OF THIS PARAGRAPH ONLY AFTER 14
CONSULTING WITH THE PUBLIC EMPLOYER AND EMPLOYEE ORGANIZATIO NS ON THE 15
BALLOT. 16
(III) 1. THE BOARD SHALL ALLOW AT LEAST 10 DAYS OF 17
VOTING FOR AN ELECTI ON CONDUCTED UNDER S UBPARAGRAPH (I) OF THIS 18
PARAGRAPH , UNLESS AN EMPLOYEE O RGANIZATION ON THE BAL LOT REQUESTS AN 19
EXTENSION. 20
2. IF THE VOTING SYSTEM IS INOPERABLE, THE BOARD 21
MAY EXTEND THE TIME PERIOD FOR VOTING . 22
(2) (I) AN EMPLOYEE ORGANIZAT ION ON A BALLOT MAY REQUEST 23
A PREFERRED METHOD O F VOTING AT THE TIME A PETITION FOR ELECTION IS FILED 24
WITH THE BOARD. 25
(II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS 26
PARAGRAPH , THE BOARD SHALL DESIGNATE THE METHOD OF VOTING BASED ON 27
THE REQUESTS OF THE EMPLOYEE ORGANIZATIO NS ON THE BALLOT . 28
(III) IF THERE IS A DISPUTE BETWEEN TWO OR MORE EMPLOYEE 29
ORGANIZATIONS ON THE BALLOT OVER THE METH OD OF VOTING, THE BOARD MAY 30
DESIGNATE THE METHOD OF VOTING. 31
HOUSE BILL 984 43
(3) THE BOARD SHALL PLACE THE FOLLOWING CHOICES ON THE 1
BALLOT: 2
(I) THE NAME OF THE EXCL USIVE REPRESENTATIVE , IF ANY; 3
(II) THE NAME OF THE EMPL OYEE ORGANIZATION DE SIGNATED 4
IN THE PETITION FILE D UNDER § 21–402 OF THIS SUBTITLE WIT H RESPECT TO AN 5
APPROPRIATE BARGAINI NG UNIT; 6
(III) THE NAME OF EACH EMP LOYEE ORGANIZATION 7
DESIGNATED IN A PETI TION FILED WITH THE BOARD, WITHIN 15 DAYS OF NOTICE OF 8
THE PENDING ELECTION PETITION, THAT INCLUDES THE SI GNATURES OF AT LEAST 9
10% OF THE EMPLOYEES IN THE APPROPRIATE BARG AINING UNIT; AND 10
(IV) A PROVISION FOR “NO EXCLUSIVE REPRESE NTATIVE”. 11
(D) IF NONE OF THE CHOICE S ON A BALLOT RECEIVES A MAJORITY OF THE 12
VOTES CAST IN AN ELE CTION, THE BOARD SHALL CONDUCT A RUNOFF ELECTION 13
BETWEEN THE CHOICES THAT RECEIVED THE TW O HIGHEST NUMBER OF VOTES IN 14
THE ELECTION . 15
21–406. 16
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , THE 17
BOARD SHALL CERTIFY AS E XCLUSIVE REPRESENTAT IVE THE EMPLOYEE 18
ORGANIZATION RECEIVI NG THE VOTES IN AN E LECTION FROM A MAJOR ITY OF THE 19
EMPLOYEES VOTING IN THE ELECTION . 20
(B) AFTER NOTICE AND AN O PPORTUNITY FOR A HEA RING, THE BOARD MAY 21
DENY OR REVOKE CERTI FICATION AS EXCLUSIVE REPRE SENTATIVE OF AN 22
EMPLOYEE ORGANIZATIO N FOR WILLFUL FAILUR E TO COMPLY WITH THI S TITLE. 23
(C) NOTWITHSTANDING ANY O THER PROVISION OF TH IS SUBTITLE, THE 24
BOARD SHALL CERTIFY T HE EMPLOYEE ORGANIZA TION AS THE EXCLUSIV E 25
REPRESENTATIVE WITHO UT AN ELECTION IF: 26
(1) A PETITION FOR AN EX CLUSIVE REPRESENTATI VE HAS BEEN 27
FILED FOR A BARGAINI NG UNIT; 28
(2) THE BOARD FINDS THAT A MA JORITY OF THE EMPLOY EES IN THE 29
BARGAINING UNIT HAVE SIGNED VALID AUTHORI ZATIONS DESIGNATING THE 30
EMPLOYEE ORGANIZATIO N AS THEIR EXCLUSIVE REPR ESENTATIVE; AND 31
44 HOUSE BILL 984
(3) NO OTHER EMPLOYEE OR GANIZATION IS CURREN TLY CERTIFIED 1
OR RECOGNIZED AS THE EXCLUSIVE REPRESENTA TIVE OF THE BARGAINI NG UNIT. 2
21–407. 3
NAMES OR LISTS OF EMP LOYEES PROVIDED TO T HE BOARD IN CONNECTION 4
WITH AN ELECTI ON UNDER THIS SUBTIT LE ARE NOT SUBJECT T O DISCLOSURE IN 5
ACCORDANCE WITH TITLE 4 OF THE GENERAL PROVISIONS ARTICLE. 6
SUBTITLE 5. COLLECTIVE BARGAINING. 7
21–501. 8
(A) REPRESENTATIVES OF PU BLIC EMPLOYERS AND E XCLUSIVE 9
REPRESENTATIVES SHAL L MEET AT REASONABLE TIMES AND ENGAGE IN 10
COLLECTIVE BARGAININ G IN GOOD FAITH AND TO CONCLUDE A WRITTE N 11
MEMORANDUM OF UNDERS TANDING OR OTHER NEG OTIATED AGREEMENT IN 12
ACCORDANCE WITH TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, TITLE 13
16, SUBTITLE 7 OF THE EDUCATION ARTICLE, OR TITLE 3 OF THE STATE 14
PERSONNEL AND PENSIONS ARTICLE. 15
(B) EACH NEGOTIATED AGREE MENT BETWEEN A PUBLI C EMPLOYER AND 16
AN EXCLUSIVE REPRESE NTATIVE SHALL CONTAI N A PROCEDURE BY WHI CH A 17
DISPUTE REGARDING TH E TERMS AND APPLICAT IONS OF THE NEGOTIAT ED 18
AGREEMENT MAY BE RES OLVED BY AN IMPARTIA L ARBITER IN A PROCE EDING 19
WHICH BINDS BOTH THE PUBLIC EMPLOYER AND THE EMPLOYEE ORGANIZ ATION TO 20
THE RESULT. 21
21–502. 22
(A) THIS SECTION APPLIES TO EMPLOYEE ORGANIZA TIONS THAT 23
REPRESENT PUBLIC EMP LOYEES ENTITLED TO U SE THE GRIEVANCE AND APPEAL 24
PROCEDURES ESTABLISH ED UNDER: 25
(1) TITLES 11 AND 12 OF THE STATE PERSONNEL AND PENSIONS 26
ARTICLE; 27
(2) TITLE 13, SUBTITLE 2 OF THE EDUCATION ARTICLE; 28
(3) § 14–302, § 14–408, OR § 16–510 OF THE EDUCATION ARTICLE; OR 29
(4) § 2–103.4(D) OF THE TRANSPORTATION ARTICLE. 30
HOUSE BILL 984 45
(B) IF MEMBERS OF AN EMPL OYEE ORGANIZATION AR E ENTITLED TO RAISE 1
GRIEVANCES OF PUBLIC EMPLOYER ACTIONS UND ER THE GRIEVANCE AND APPEAL 2
PROCEDURES ESTABLISH ED UNDER A PROVISION OF LAW LISTED UNDER 3
SUBSECTION (A) OF THIS SECTION , THE GRIEVANCE AND AP PEAL PROCEDURES 4
SHALL SERVE AS THE P ROCEDURE FOR THE RES OLUTION OF DISPUTES REGARDING 5
THE TERMS AND APPLIC ATION OF MEMORANDA O F UNDERSTANDING , NEGOTIATED 6
AGREEMENTS , OR OTHER FINAL WRITT EN AGREEMENTS , TO WHICH EMPLOYE E 7
ORGANIZATIONS ARE A PARTY. 8
(C) AN EXCLUSIVE REPRESEN TATIVE MAY GRIEVE AL LEGED VIOLATIONS 9
OF A MEMORANDUM OF U NDERSTANDING , NEGOTIATED AGREEMENT , OR OTHER 10
FINAL WRITTEN AGREEM ENT, AS THE REAL PARTY IN INTEREST UNDER A 11
GRIEVANCE PROCEDURE ESTABLISHED UND ER A PROVISION OF LA W LISTED UNDER 12
SUBSECTION (A) OF THIS SECTION. 13
(D) THE OFFICE OF ADMINISTRATIVE HEARINGS SHALL HAVE 14
JURISDICTION TO RESO LVE ANY DISPUTE REGA RDING A MEMORANDUM O F 15
UNDERSTANDING , NEGOTIATED AGREEMENT , OR OTHER FINAL WRITT EN 16
AGREEMENT , WHEN GRIEVED THROUGH A GRIEVANCE PROCEDUR E CITED IN 17
SUBSECTION (A) OF THIS SECTION. 18
SUBTITLE 6. SHORT TITLE. 19
21–601. 20
THIS TITLE MAY BE CIT ED AS THE MARYLAND PUBLIC EMPLOYEE RELATIONS 21
ACT. 22
Article – State Personnel and Pensions 23
3–101. 24
(a) In this title the following words have the meanings indicated. 25
(b) “Board” means[: 26
(1) with regard to any matter relating to employees of any of the units of 27
State government described in § 3–102(a)(1)(i) through (iv) and (vi) through (xii) of this 28
subtitle and employees described in § 3–102(a)(2) and (3) of this subtitle, the State Labor 29
Relations Board; and 30
(2) with regard to any matter relating to employees of any State institution 31
of higher education described in § 3–102(a)(1)(v) of this subtitle, the State Higher Education 32
Labor Relations Board] THE PUBLIC EMPLOYEE RELATIONS BOARD. 33 46 HOUSE BILL 984
(c) “Chancellor” has the meaning stated in § 12–101 of the Education Article. 1
(d) “Collective bargaining” means: 2
(1) good faith negotiations by authorized representatives of employees and 3
their employer with the intention of: 4
(i) 1. reaching an agreement about wages, hours, and other 5
terms and conditions of employment; and 6
2. incorporating the terms of the agreement in a written 7
memorandum of understanding or other written understanding; or 8
(ii) clarifying terms and conditions of employment; 9
(2) administration of terms and conditions of employment; or 10
(3) the voluntary adjustment of a dispute or disagreement between 11
authorized representatives of employees and their employer that arises under a 12
memorandum of understanding or other written understanding. 13
(e) “Employee organization” [means a labor or other organization in which State 14
employees participate and that has as one of its primary purposes representing employees] 15
HAS THE MEANING STAT ED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE. 16
(f) “Exclusive representative” [means an employee organization that has been 17
certified by the Board as an exclusive representative under Subtitle 4 of this title] HAS THE 18
MEANING STATED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE. 19
(g) (1) “Faculty at the Maryland School for the Deaf” means employees who 20
have been granted the following status by the Board of Trustees of the Maryland School for 21
the Deaf: 22
(i) after–school program counselors; 23
(ii) American Sign Language specialists; 24
(iii) athletic trainers; 25
(iv) behavior specialists; 26
(v) clerical aides; 27
(vi) dorm counselors; 28
HOUSE BILL 984 47
(vii) employment specialists; 1
(viii) instructional technology resource specialists; 2
(ix) librarians; 3
(x) literacy and reading specialists; 4
(xi) occupational therapists; 5
(xii) orientation and mobility specialists; 6
(xiii) physical therapists; 7
(xiv) school counselors; 8
(xv) school IEP coordinators; 9
(xvi) school nurses; 10
(xvii) school social workers; 11
(xviii) speech–language pathologists; 12
(xix) student support specialists; 13
(xx) teachers; 14
(xxi) teacher aides; 15
(xxii) transition coordinators; and 16
(xxiii) work–to–learn specialists. 17
(2) “Faculty at the Maryland School for the Deaf” does not include officers 18
or supervisory employees at the Maryland School for the Deaf. 19
(h) “President” means: 20
(1) with regard to a constituent institution, as defined in § 12–101 of the 21
Education Article, the president of the constituent institution; 22
(2) with regard to a center or institute, as those terms are defined in § 23
12–101 of the Education Article, the president of the center or institute; 24
(3) with regard to the University System of Maryland Office, the 25
Chancellor of the University System of Maryland; and 26 48 HOUSE BILL 984
(4) with regard to Morgan State University, St. Mary’s College of 1
Maryland, and Baltimore City Community College, the president of the institution. 2
(i) “System institution” means: 3
(1) a constituent institution, as defined in § 12–101 of the Education 4
Article; 5
(2) a center or institute, as those terms are defined in § 12–101 of the 6
Education Article; and 7
(3) the University System of Maryland Office. 8
3–102. 9
(C) EMPLOYEES, EMPLOYERS , AND EXCLUSIVE REPRES ENTATIVES ARE 10
SUBJECT TO THE PROVI SIONS OF TITLE 21 OF THE STATE GOVERNMENT ARTICLE. 11
(D) (1) SUBJECT TO TITLE 21, SUBTITLE 4 OF THE STATE GOVERNMENT 12
ARTICLE, A BARGAINING UNIT SH ALL CONSIST ONLY OF EMPLOYEES DEFINED IN 13
REGULATIONS ADOPTED BY THE SECRETARY AND NOT SPE CIFICALLY EXCLUDED B Y 14
SUBSECTION (B) OF THIS SECTION. 15
(2) (I) EACH SYSTEM INSTITUTI ON, MORGAN STATE UNIVERSITY, 16
ST. MARY’S COLLEGE OF MARYLAND, AND BALTIMORE CITY COMMUNITY COLLEGE 17
SHALL HAVE SEPARATE BA RGAINING UNITS . 18
(II) APPROPRIATE BARGAININ G UNITS SHALL CONSIS T OF: 19
1. ALL ELIGIBLE NONEXEM PT EMPLOYEES , AS 20
DESCRIBED IN THE FED ERAL FAIR LABOR STANDARDS ACT, EXCEPT ELIGIBLE 21
SWORN POLICE OFFICER S; 22
2. ALL ELIGIBLE EXEMPT EMPLOYEES, AS DESCRIBED IN 23
THE FEDERAL FAIR LABOR STANDARDS ACT; AND 24
3. ALL ELIGIBLE SWORN P OLICE OFFICERS . 25
(3) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 26
PARAGRAPH , THE SECRETARY OR THE SECRETARY’S DESIGNEE SHALL HAV E THE 27
AUTHORITY TO ASS IGN CLASSIFICATION T ITLES AND POSITIONS TO BARGAINING 28
UNITS AS APPROPRIATE . 29
HOUSE BILL 984 49
(II) THE FOLLOWING INDIVID UALS AND ENTITIES SH ALL 1
ASSIGN CLASSIFICATIO N TITLES AND POSITIO NS TO BARGAINING UNI TS AT THE 2
FOLLOWING INSTITUTIO NS: 3
1. AT A SYSTEM INSTITUT ION, THE PRESIDENT OF THE 4
SYSTEM INSTITUTION ; AND 5
2. AT MORGAN STATE UNIVERSITY, ST. MARY’S 6
COLLEGE OF MARYLAND, OR BALTIMORE CITY COMMUNITY COLLEGE, THE 7
GOVERNING BOARD OF T HE INSTITUTION. 8
(4) NOTWITHSTANDING ANY O THER PROVISION OF LA W: 9
(I) MARYLAND TRANSPORTATION AUTHORITY POLICE 10
OFFICERS AT THE RANK OF FIRST SERGEANT AN D BELOW SHALL HAVE A SEPARATE 11
BARGAINING UNIT ; AND 12
(II) FACULTY AT THE MARYLAND SCHOOL FOR THE DEAF 13
SHALL HAVE A SEPARAT E BARGAINING UNIT . 14
3–501. 15
(e) (1) [Negotiations] EXCEPT AS PROVIDED IN PA RAGRAPH (2) OF THIS 16
SUBSECTION, NEGOTIATIONS for a memorandum of understanding shall be considered 17
closed sessions under § 3–305 of the General Provisions Article. 18
(2) AN EXCLUSIVE REPRESEN TATIVE MAY NOT BE CO NSIDERED A 19
PUBLIC BODY UNDER § 3–101 OF THE GENERAL PROVISIONS ARTICLE. 20
3–502. 21
(a) Collective bargaining shall include all matters relating to: 22
(1) wages, hours, and other terms and conditions of employment; and 23
(2) the time and manner of access to a new employee program [as required 24
under § 3–307 of this title] IN ACCORDANCE WITH § 21–207 OF THE STATE 25
GOVERNMENT ARTICLE. 26
(b) [(1) Collective bargaining may include negotiations relating to the right of 27
an employee organization to receive service fees from nonmembers. 28
(2) An employee whose religious beliefs are opposed to joining or financially 29
supporting any collective bargaining organization is: 30
50 HOUSE BILL 984
(i) not required to pay a service fee; and 1
(ii) required to pay an amount of money as determined in collective 2
bargaining negotiations, not to exceed any service fee negotiated under paragraph (1) of 3
this subsection, to any charitable organization exempt from taxation under § 501(c)(3) of 4
the Internal Revenue Code and to furnish written proof of the payment to: 5
1. A. the Department; 6
B. in the case of an employee of the Maryland Environmental 7
Service, the Board of Directors of the Service; or 8
C. in the case of an employee of an institution of higher 9
education specified in § 3–102(a)(1)(v) of this title, the President of the institution or the 10
President’s designee; and 11
2. the exclusive representative. 12
(c)] Notwithstanding subsection (a) of this section, the representatives of the 13
State, the Maryland Environmental Service, a system institution, Morgan State 14
University, St. Mary’s College of Maryland, and Baltimore City Community College: 15
(1) [shall] MAY not be required to negotiate over any matter that is 16
inconsistent with applicable law; and 17
(2) may negotiate and reach agreement with regard to any such matter 18
only if it is understood that the agreement with respect to such matter cannot become 19
effective unless the applicable law is amended by the General Assembly. 20
SECTION 5. AND BE IT FURTHER ENACTED, That the terms of the members of 21
the Public Employee Relations Board shall expire as follows: 22
(1) one member appointed under § 21–302(a)(2) of the State Government 23
Article, as enacted by Section 3 of this Act, and one member appointed under § 21–302(a)(3) 24
of the State Government Article, as enacted by Section 3 of this Act, on June 30, 2025; 25
(2) one member appointed under § 21–302(a)(2) of the State Government 26
Article, as enacted by Section 3 of this Act, and one member appointed under § 21–302(a)(3) 27
of the State Government Article, as enacted by Section 3 of this Act, on June 30, 2029; and 28
(3) the chair appointed under § 21–302(a)(1) of the State Government 29
Article, as enacted by Section 4 of this Act, on June 30, 2027. 30
SECTION 6. AND BE IT FURTHER ENACTED, That: 31
HOUSE BILL 984 51
(a) The Public Employee Relations Board shall be the successor to the State Labor 1
Relations Board, State Higher Education Labor Relations Board, and Public School Labor 2
Relations Board, and shall have all powers and duties granted by law to those boards. 3
(b) Any investigation, litigation, or other action pending before the State Labor 4
Relations Board, State Higher Education Labor Relations Board, and Public School Labor 5
Relations Board on June 30, 2023 shall continue before the Public Employee Relations 6
Board. 7
SECTION 7. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 8
the application thereof to any person or circumstance is held invalid for any reason in a 9
court of competent jurisdiction, the invalidity does not affect other provisions or any other 10
application of this Act that can be given effect without the invalid provision or application, 11
and for this purpose the provisions of this Act are declared severable. 12
SECTION 8. AND BE IT FURTHER ENACTED, That this Act shall take effect July 13
1, 2023. 14