EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 16, 2023
CHAPTER ______
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 2 HOUSE BILL 984
Article – State Personnel and Pensions 1
Section 3–201 through 3–209 and the subtitle “Subtitle 2. State Labor Relations 2
Board”; 3–2A–01 through 3–2A–09 and the subtitle “Subtitle 2A. State Higher 3
Education Labor Relations Board”; 3–301 through 3–307 and the subtitle 4
“Subtitle 3. Rights of Employees and Employers; Strikes, Lockouts, and 5
Unfair Labor Practices Prohibited”; and 3–401 through 3–407 and the subtitle 6
“Subtitle 4. Election and Certification of Exclusive Representative” 7
Annotated Code of Maryland 8
(2015 Replacement Volume and 2022 Supplement) 9
BY renumbering 10
Article – Education 11
Section 6–404, 6–405, 6–407.1, 6–408, 6–408.1, 6–505, 6–508, 6–509.1, 6–510, 12
16–707, 16–708, 16–709, 16–711, and 16–713 13
to be Section 6–403, 6–404, 6–405, 6–406, 6–407, 6–504, 6–505, 6–506, 6–507, 14
16–704, 16–705, 16–706, 16–707, and 16–708, respectively 15
Annotated Code of Maryland 16
(2022 Replacement Volume) 17
BY repealing and reenacting, with amendments, 18
Article – Education 19
Section 2–205(e)(4), 6–401, 6–402, 6–501, 6–503, 9.5–703(c)(2) and (3), 16–701, 20
16–702, and 16–703 21
Annotated Code of Maryland 22
(2022 Replacement Volume) 23
BY repealing and reenacting, with amendments, 24
Article – Education 25
Section 6–403, 6–404, 6–406(c)(3), 6–405, 6–504, 6–505, 6–507(c)(3), 6–506, and 26
16–708 27
Annotated Code of Maryland 28
(2022 Replacement Volume) 29
(As enacted by Section 3 of this Act) 30
BY repealing and reenacting, with amendments, 31
Article – Health – General 32
Section 15–903(c)(2) and (3) 33
Annotated Code of Maryland 34
(2019 Replacement Volume and 2022 Supplement) 35
BY adding to 36
Article – State Government 37
Section 21–101 through 21–601 to be under the new title “Title 21. Public Employee 38
Relations” 39
Annotated Code of Maryland 40
(2021 Replacement Volume and 2022 Supplement) 41
HOUSE BILL 984 3
BY repealing and reenacting, with amendments, 1
Article – State Personnel and Pensions 2
Section 3–101, 3–501(e), and 3–502 3
Annotated Code of Maryland 4
(2015 Replacement Volume and 2022 Supplement) 5
BY adding to 6
Article – State Personnel and Pensions 7
Section 3–102(c) and (d) 8
Annotated Code of Maryland 9
(2015 Replacement Volume and 2022 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That Section(s) 6–403, 6–406, 6–407, 6–407.2, 6–409 through 6–411, 6–504, 6–506, 6–507, 12
6–509, 6–509.2, 6–512 through 6–514; 6–801 through 6–807 and the subtitle “Subtitle 8. 13
Public School Labor Relations Board”; and 16–704 through 16–706, 16–710, 16–712, 14
16–714, and 16–715 of Article – Education of the Annotated Code of Maryland be repealed. 15
SECTION 2 AND BE IT FURTHER ENACTED, That Section(s) 3 –201 through 16
3–209 and the subtitle “Subtitle 2. State Labor Relations Board”; 3–2A–01 through 17
3–2A–09 and the subtitle “Subtitle 2A. State Higher Education Labor Relations Board”; 18
3–301 through 3–307 and the subtitle “Subtitle 3. Rights of Employees and Employers; 19
Strikes, Lockouts, and Unfair Labor Practices Prohibited”; and 3–401 through 3–407 and 20
the subtitle “Subtitle 4. Election and Certification of Exclusive Representative” of Article – 21
State Personnel and Pensions of the Annotated Code of Maryland be repealed. 22
SECTION 3. AND BE IT FURTHER ENACTED, That Section(s) 6 –404, 6–405, 23
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, 24
and 16–713 of Article – Education of the Annotated Code of Maryland be renumbered to be 25
Section(s) 6–403, 6–404, 6–405, 6–406, 6–407, 6–504, 6–505, 6–506, 6–507, 16–704, 16–705, 26
16–706, 16–707, and 16–708, respectively. 27
SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 28
as follows: 29
Article – Education 30
2–205. 31
(e) (4) (i) The Public [School Labor] EMPLOYEE Relations Board shall 32
decide any controversy or dispute arising under Title 6, Subtitle 4 or Subtitle 5 of this 33
article. 34
(ii) A decision of the Public [School Labor] EMPLOYEE Relations 35
Board is final. 36
6–401. 37 4 HOUSE BILL 984
(a) In this subtitle the following words have the meanings indicated. 1
(b) “Board” means the Public [School Labor] EMPLOYEE Relations Board 2
[established under Subtitle 8 of this title]. 3
(b–1) “Day” means a calendar day unless otherwise indicated. 4
(c) “Employee organization” [means an organization that: 5
(1) Includes certificated employees of a public school employer or 6
individuals of equivalent status in Baltimore City; and 7
(2) Has as one of its main purposes the representation of the employees in 8
their relations with that public school employer] HAS THE MEANING STAT ED IN § 21–101 9
OF THE STATE GOVERNMENT ARTICLE. 10
(d) (1) “Home and hospital teacher” means a teacher employed by a public 11
school employer to provide instructional services to a public school student who is unable 12
to function effectively in the classroom setting due to the student’s medical, physical, or 13
emotional condition. 14
(2) A home and hospital teacher may teach in: 15
(i) A private home; 16
(ii) A hospital; 17
(iii) A therapeutic center; 18
(iv) A school; or 19
(v) Any other appropriate site. 20
(d–1) “New employee processing” means the process for a newly hired public school 21
employee, whether in person, online, or through other means, in which new employees are 22
advised of their employment status, rights, benefits, duties, responsibilities, and other 23
employment–related matters. 24
(e) (1) “Public school employee” means a certificated professional individual 25
who is employed by a public school employer or an individual of equivalent status in 26
Baltimore City, except for a county superintendent or an individual designated by the 27
public school employer to act in a negotiating capacity as provided in § 6–408(c) of this 28
subtitle. 29
(2) In Montgomery County, “public school employees” include: 30
HOUSE BILL 984 5
(i) Certificated and noncertificated substitute teachers employed by 1
the public school employer for at least 7 days before March 1 of the school fiscal year ending 2
June 30, 1978, and each year after; and 3
(ii) Home and hospital teachers employed by the public school 4
employer for at least 7 days before March 1 of the school fiscal year ending June 30, 2000, 5
and each year after. 6
(3) In Baltimore County, “public school employee” includes a secondary 7
school nurse, an elementary school nurse, and a special school nurse. 8
(4) In Frederick County, “public school employee” includes a social worker 9
employed by a public school employer. 10
(5) In Prince George’s County, “public school employee” includes home and 11
hospital teachers and Junior Reserve Officer Training Corps (JROTC) instructors. 12
(6) In Baltimore County, Calvert County, Charles County, and Garrett 13
County, “public school employee” includes Junior Reserve Officer Training Corps (JROTC) 14
instructors. 15
(7) In Carroll County, “public school employee” includes: 16
(i) A registered nurse; 17
(ii) Supervisory noncertificated employees as defined under § 18
6–501(i) of this title; and 19
(iii) Junior Reserve Officer Training Corps (JROTC) instructors. 20
(f) “Public school employer” means a county board of education or the Baltimore 21
City Board of School Commissioners. 22
6–402. 23
(a) Public school employees may form, join, and participate in the activities of 24
employee organizations of their own choice for the purpose of being represented on all 25
matters that relate to salaries, wages, hours, and other working conditions. 26
[(b) An employee organization may establish reasonable: 27
(1) Restrictions as to who may join; and 28
(2) Provisions for the dismissal of individuals from membership.] 29
6 HOUSE BILL 984
(B) PUBLIC SCHOOL EMPLOYE ES, PUBLIC SCHOOL EMPLOY ERS, AND 1
EXCLUSIVE REPRESENTA TIVES ARE SUBJECT TO THE PROVISIONS OF TITLE 21 OF 2
THE STATE GOVERNMENT ARTICLE. 3
6–403. 4
(a) [Each public school employer shall designate, as provided in this subtitle, 5
which employee organization, if any, shall be the exclusive representative of all public 6
school employees in a specified unit in the county. 7
(b) (1) Except as provided in paragraph (2) of this subsection, the public school 8
employer shall determine the composition of the unit in negotiation with any employee 9
organization that requests negotiation concerning the composition of the unit. 10
(2)] In St. Mary’s County, licensed registered school nurses, Junior Reserve 11
Officers’ Training Corps (JROTC) teachers, and supervisory noncertificated employees of 12
the public school employer shall be included in the unit. 13
[(c)] (B) (1) There may not be more than two units in a county. 14
(2) In Baltimore County, one of the units shall consist of employees who 15
are administrative and supervisory certificated employees. The second unit shall consist of 16
all other public school employees as defined under § 6–401(e)(1) and (3) of this subtitle. 17
[(d)] (C) All eligible public school employees shall: 18
(1) Be included in one of these units; and 19
(2) Have the rights granted in this subtitle AND TITLE 21 OF THE STATE 20
GOVERNMENT ARTICLE. 21
6–404. 22
(a) [The designation of an employee organization as an exclusive representative 23
shall be made as provided in this section. 24
(b) If an employee organization certifies to the public school employer that it has 25
a membership enrollment of at least 30 percent of the total number of public school 26
employees in a specified unit in a county as of June 1 of the year in which certification is 27
made, this certification is a request for recognition as exclusive representative of all public 28
school employees in the specified unit in the county. 29
(c) If another employee organization certifies that it has a membership 30
enrollment of at least 10 percent of the total number of public school employees in the unit 31
as of the same June 1, an election shall be held in which the public school employees in the 32
unit shall be offered the opportunity to choose: 33 HOUSE BILL 984 7
(1) One of the employee organizations as the exclusive representative of all 1
public school employees in the unit; or 2
(2) Not to have exclusive representation. 3
(d) If no other employee organization certifies that it has a membership 4
enrollment of at least 10 percent of the total number of public school employees in the unit, 5
on the request of the employee organization under subsection (b) of this section, an election 6
shall be held and the ballot shall offer a choice between: 7
(1) Exclusive representation by the organization; and 8
(2) Not to have exclusive representation. 9
(e) The public school employer shall designate the employee organization 10
described in subsection (b) of this section as the exclusive representative of all public school 11
employees in the specified unit in a county if: 12
(1) No other employee organization certifies that it has a membership 13
enrollment of at least 10 percent of the total number of public school employees in the unit; 14
(2) The employee organization does not request an election under 15
subsection (d) of this section; and 16
(3) The employee organization certifies that it has a membership 17
enrollment of the majority of the public school employees in the unit in the county. 18
(f) (1) The Board shall adopt rules and regulations for: 19
(i) Verifying the number of certificated employees of the public 20
school employer or individuals of equivalent status in Baltimore City who are members in 21
good standing of an employee organization on the date of the certification or who have 22
signed a petition under this section; and 23
(ii) Holding elections under this section and the certification of their 24
results. 25
(2) The Board shall provide for supervision of these elections. 26
(3) The elections] AN ELECTION HELD UNDE R TITLE 21, SUBTITLE 4 27
OF THE STATE GOVERNMENT ARTICLE shall be held: 28
[(i)] (1) In each school facility where public employees are 29
assigned on a regularly scheduled school day; 30
[(ii)] (2) In a manner assuring the secrecy of the ballot; and 31 8 HOUSE BILL 984
[(iii)] (3) On a regular working day for public school employees, 1
between June 1 and June 15, inclusive, except in Baltimore City where the elections shall 2
be held between November 1 and November 15 following the date on which certification of 3
required membership enrollment is made. 4
[(4) In any election held under this section, the employee organization that 5
receives the largest number of votes cast in a unit shall be declared to be the exclusive 6
representative of all public school employees in the unit. If the largest number of votes in 7
the election is cast not to have exclusive representation, a representative may not be 8
designated for the unit. 9
(5)] (B) The public school employer shall provide any assistance required 10
in holding the elections. 11
6–405. 12
(a) (1) (i) Each public school employer shall provide the exclusive 13
representative access to new employee processing. 14
(ii) Except as provided in subparagraph (iii) of this paragraph, the 15
public school employer shall provide the exclusive representative at least 10 days’ notice in 16
advance of a new employee processing. 17
(iii) The public school employer may provide the exclusive 18
representative with less than 10 days’ notice if there is an urgent need critical to the public 19
school employer’s new employee processing that was not reasonably foreseeable. 20
(2) (i) The structure, time, and manner of the access required in 21
paragraph (1) of this subsection shall be determined through negotiations between the 22
public school employer and the exclusive representative in accordance with [§ 6–408] § 23
6–406 of this subtitle. 24
(ii) When negotiating access to new employee processing under 25
subparagraph (i) of this paragraph, if any dispute has not been resolved within 45 days 26
after the first meeting of the public school employer and the exclusive representative, or 27
within 60 days after an initial request to negotiate, whichever occurs first, either party may 28
request that the Board declare an impasse under [§ 6–408(e)] § 6–406(E) of this subtitle. 29
(iii) In an impasse proceeding under [§ 6–408(e)] § 6–406(E) of this 30
subtitle, the mediator or Board shall consider: 31
1. The ability of the exclusive representative to communicate 32
with the public school employees it represents; 33
HOUSE BILL 984 9
2. The legal obligations of the exclusive representative to the 1
public school employees; 2
3. Applicable State, federal, and local laws; 3
4. Any stipulations of the parties; 4
5. The interests and welfare of the public school employees 5
and the financial condition of the public school employer; 6
6. The structure, time, and manner of access of an exclusive 7
representative to new employee processing in comparable public school employers, 8
including the access provisions in other memoranda of understanding or collective 9
bargaining agreements; and 10
7. Any other facts routinely considered in establishing the 11
structure, time, and manner of access of an exclusive representative to new employee 12
processing. 13
(3) (i) A request to negotiate under paragraph (2) of this subsection 14
made between July 1, 2018, and the expiration date of an existing collective bargaining 15
agreement between the parties shall reopen the existing collective bargaining agreement 16
only for the purpose of negotiating the access of the exclusive representative to the public 17
school employer’s new employee processing. 18
(ii) Either party may elect to negotiate a separate agreement on the 19
access of the exclusive representative to the public school employer’s new employee 20
processing in lieu of reopening the existing collective bargaining agreement. 21
(b) This section does not prohibit a public school employer and an exclusive 22
representative from negotiating access to new employee processing that varies from the 23
requirements of this section. 24
(c) Nothing in this section shall abrogate existing collective bargaining 25
agreements between public school employers and exclusive representatives. 26
6–406. 27
(c) (3) A public school employer may not negotiate the school calendar[, the 28
maximum number of students assigned to a class,] or any matter that is precluded by 29
applicable statutory law. 30
6–501. 31
(a) In this subtitle the following words have the meanings indicated. 32
10 HOUSE BILL 984
(b) “Board” means the Public [School Labor] EMPLOYEE Relations Board 1
[established under Subtitle 8 of this title]. 2
(c) “Confidential employee” includes an individual whose employment 3
responsibilities require knowledge of the public school employer’s posture in the collective 4
negotiation process, as determined by the public school employer in negotiations with an 5
employee organization that requests negotiation on this issue. 6
(c–1) “Day” means a calendar day unless otherwise indicated. 7
(d) “Employee organization” [means an organization that: 8
(1) Includes noncertificated employees of a public school employer; and 9
(2) Has as one of its main purposes the representation of the employees in 10
their relations with that public school employer] HAS THE MEANING STAT ED IN § 21–101 11
OF THE STATE GOVERNMENT ARTICLE. 12
(e) [“Management personnel”] “MANAGERIAL EMPLOYEE ” includes an 13
individual who is engaged mainly in executive and managerial functions. 14
(e–1) “New employee processing” means the process for a newly hired public school 15
employee, whether in person, online, or through other means, in which new employees are 16
advised of their employment status, rights, benefits, duties, responsibilities, and other 17
employment–related matters. 18
(f) “Noncertificated employee”, in Montgomery County, means only a full–time 19
employee. 20
(g) (1) “Public school employee” means a noncertificated individual who is 21
employed for at least 9 months a year on a full–time basis by a public school employer. 22
(2) “Public school employee” includes a noncertificated employee in 23
Baltimore City notwithstanding that the noncertificated employee does not work for at 24
least 9 months a year on a full–time basis. 25
(3) “Public school employee” does not include: 26
(i) [Management personnel] A MANAGERIAL EMPLOYEE ; OR 27
(ii) A confidential employee[; or 28
(iii) Any individual designated by the public school employer to act in 29
a negotiating capacity as provided in § 6–510(c) of this subtitle]. 30
(h) (1) “Public school employer” means the county board in each county. 31 HOUSE BILL 984 11
(2) “Public school employer” includes the Baltimore City Board of School 1
Commissioners. 2
(i) “Supervisory employee” includes any individual who responsibly directs the 3
work of other employees. 4
6–503. 5
(a) Public school employees may form, join, and participate in the activities of 6
employee organizations of their own choice for the purpose of being represented on all 7
matters that relate to salaries, wages, hours, and other working conditions. 8
[(b) An employee organization may establish reasonable restrictions as to who 9
may join and reasonable provisions for the dismissal of individuals from membership, 10
except that these restrictions and provisions may not discriminate with regard to the terms 11
or conditions of membership because of race, color, marital status, creed, sex, age, or 12
national origin.] 13
(B) PUBLIC SCHOOL EMPLOYE ES, PUBLIC SCHOOL EMPLOY ERS, AND 14
EXCLUSIVE REPRESENTA TIVES ARE SUBJECT TO THE PROVISIONS OF TITLE 21 OF 15
THE STATE GOVERNMENT ARTICLE. 16
6–504. 17
(a) [(1) Each public school employer may designate, as provided in this subtitle, 18
which employee organization, if any, shall be the exclusive representative of all public 19
school employees in a specified unit in the county. 20
(2) In Baltimore City, Garrett County, and Frederick County, the public 21
school employer shall designate, as provided in this subtitle, which employee organization, 22
if any, shall be the exclusive representative of all public school employees in a specified unit 23
in the county. 24
(b) The public school employer shall determine the composition of the unit in 25
negotiation with any employee organization that requests negotiation concerning the 26
composition of the unit. 27
(c)] (1) Except as provided in paragraphs (3) and (5) of this subsection, there 28
may not be more than three units in a county and a unit may not include both supervisory 29
and nonsupervisory employees. 30
(2) If a county has more than three recognized units and, as of July 1, 1974, 31
the units have exclusive representation for collective negotiations, these units may 32
continue as negotiating units. 33
12 HOUSE BILL 984
(3) In Baltimore County, there shall be three units, including one unit of 1
supervisory employees as defined in § 6–501(i) of this subtitle. 2
(4) In Carroll County, beginning on October 1, 2007: 3
(i) There shall be no more than three units; and 4
(ii) All units shall be nonsupervisory units. 5
(5) In Baltimore City, the public school employer may designate a fourth 6
unit composed of all Baltimore City school police officers, as defined in § 4–318 of this 7
article, up to and including the rank of lieutenant. 8
[(d) (1)] (B) All eligible public school employees shall: 9
[(i)] (1) Be included in one of these units; and 10
[(ii)] (2) Have the rights granted in this subtitle. 11
[(2) Except for an individual who is designated as management personnel 12
or a confidential employee under this subtitle, each public school employee is eligible for 13
membership in one of the negotiating units.] 14
6–505. 15
(a) Employee organizations recognized by the public school employer as the 16
exclusive representative of all public school employees in a specified unit on July 1, 1978 17
shall continue to be the exclusive representative[: 18
(1) For the rest of the 2–year initial period as provided by § 6–507 of this 19
subtitle; and 20
(2) Beyond the 2–year period until another election is held as provided 21
under § 6–507 of this subtitle] SUBJECT TO TITLE 21, SUBTITLE 4 OF THE STATE 22
GOVERNMENT ARTICLE. 23
(b) Any collective negotiation agreement that has been entered into by an 24
exclusive representative and a public employer as of July 1, 1978 shall continue in effect 25
for the term of the agreement. 26
6–506. 27
(a) (1) (i) Each public school employer shall provide the exclusive 28
representative access to new employee processing. 29
HOUSE BILL 984 13
(ii) Except as provided in subparagraph (iii) of this paragraph, the 1
public school employer shall provide the exclusive representative at least 10 days’ notice in 2
advance of a new employee processing. 3
(iii) The public school employer may provide the exclusive 4
representative with less than 10 days’ notice if there is an urgent need critical to the public 5
school employer’s new employee processing that was not reasonably foreseeable. 6
(2) (i) The structure, time, and manner of the access required in 7
paragraph (1) of this subsection shall be determined through negotiations between the 8
public school employer and the exclusive representative in accordance with [§ 6–510] § 9
6–507 of this subtitle. 10
(ii) When negotiating access to new employee processing under 11
subparagraph (i) of this paragraph, if any dispute has not been resolved within 45 days 12
after the first meeting of the public school employer and the exclusive representative, or 13
within 60 days after an initial request to negotiate, whichever occurs first, either party may 14
request that the Board declare an impasse under [§ 6–510(e)] § 6–507(E) of this subtitle. 15
(iii) In an impasse proceeding under [§ 6–510(e)] § 6–507(E) of this 16
subtitle, the mediator or Board shall consider: 17
1. The ability of the exclusive representative to communicate 18
with the public school employees it represents; 19
2. The legal obligations of the exclusive representative to the 20
public school employees; 21
3. Applicable State, federal, and local laws; 22
4. Any stipulations of the parties; 23
5. The interests and welfare of the public school employees 24
and the financial condition of the public school employer; 25
6. The structure, time, and manner of access of an exclusive 26
representative to new employee processing in comparable public school employers, 27
including the access provisions in other memoranda of understanding or collective 28
bargaining agreements; and 29
7. Any other facts routinely considered in establishing the 30
structure, time, and manner of access of an exclusive representative to new employee 31
processing. 32
(3) (i) A request to negotiate under paragraph (2) of this subsection 33
made between July 1, 2018, and the expiration date of an existing collective bargaining 34
agreement between the parties shall reopen the existing collective bargaining agreement 35 14 HOUSE BILL 984
only for the purpose of negotiating the access of the exclusive representative to the public 1
school employer’s new employee processing. 2
(ii) Either party may elect to negotiate a separate agreement on the 3
access of the exclusive representative to the public school employer’s new employee 4
processing in lieu of reopening the existing collective bargaining agreement. 5
(b) This section does not prohibit a public school employer and an exclusive 6
representative from negotiating access to new employee processing that varies from the 7
requirements of this section. 8
(c) Nothing in this section shall abrogate existing collective bargaining 9
agreements between public school employers and exclusive representatives. 10
6–507. 11
(c) (3) A public school employer may not negotiate the school calendar[, the 12
maximum number of students assigned to a class,] or any matter that is precluded by 13
applicable statutory law. 14
9.5–703. 15
(c) (2) All elections shall be conducted by the [State Labor] PUBLIC 16
EMPLOYEE Relations Board and subject to the requirements and limitations of [Title 3, 17
Subtitle 4 of the State Personnel and Pensions Article] TITLE 21, SUBTITLE 4 OF THE 18
STATE GOVERNMENT ARTICLE. 19
(3) The [State Labor] PUBLIC EMPLOYEE Relations Board may not 20
conduct an election for an exclusive representative if an election or certification of an 21
exclusive representative has taken place within the preceding 2 years. 22
16–701. 23
(a) In this subtitle the following words have the meanings indicated. 24
(b) “Agreement” means a written contract between a public employer and an 25
employee organization. 26
(c) “Arbitration” means a procedure by which parties involved in a grievance 27
submit their differences to an impartial third party for a final and binding decision. 28
(d) “Board” means the [State Higher Education Labor] PUBLIC EMPLOYEE 29
Relations Board. 30
(e) “Collective bargaining” has the meaning stated in § 3–101(c) § 3–101(D) of 31
the State Personnel and Pensions Article. 32 HOUSE BILL 984 15
(f) “Confidential employee” [means a public employee whose unrestricted access 1
to personnel, budgetary, or fiscal data subject to use by the public employer in collective 2
bargaining, or whose close, continuing working relationship with those responsible for 3
negotiating on behalf of the public employer, would make the employee’s membership in an 4
employee organization as a rank and file employee incompatible with the employee’s 5
duties] HAS THE MEANING STAT ED IN § 21–101 OF THE STATE GOVERNMENT 6
ARTICLE. 7
(g) “Employee organization” [means a labor organization of public employees that 8
has as one of its primary purposes representing those employees in collective bargaining] 9
HAS THE MEANING STAT ED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE. 10
(h) “Exclusive representative” [means an employee organization that has been 11
certified by the Board as representing the employees of a bargaining unit] HAS THE 12
MEANING STATED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE. 13
(i) “Fact–finding” means a process conducted by the Board that includes: 14
(1) The identification of the major issues in an impasse; 15
(2) The review of the positions of the parties; and 16
(3) A resolution of factual differences by an impartial individual or panel. 17
(j) (1) “Faculty” means employees whose assignments involve academic 18
responsibilities, including teachers and department heads. 19
(2) “Faculty” does not include officers, supervisory employees, confidential 20
employees, part–time faculty, or student assistants. 21
(k) “Grievance” means a dispute concerning the application or interpretation of 22
the terms of a collective bargaining agreement. 23
(l) “Impasse” means a failure by a public employer and an exclusive 24
representative to achieve agreement in the course of negotiations. 25
(m) “Officer” means the president, a vice president, a dean, or any other similar 26
official of the community college as appointed by the board of community college trustees. 27
(n) “Part–time faculty” means employees whose assignments involve academic 28
responsibilities, including teachers, counselors, and department heads, who are designated 29
with part–time faculty status by the president of the community college. 30
(o) (1) “Public employee” means an employee employed by a public employer. 31
16 HOUSE BILL 984
(2) “Public employee” includes faculty and part–time faculty at the 1
Baltimore City Community College. 2
(3) “Public employee” does not include: 3
(i) Officers; 4
(ii) Supervisory or confidential employees; or 5
(iii) Student assistants. 6
(p) (1) “Public employer” means the board of community college trustees for a 7
community college. 8
(2) “Public employer” includes the Board of Trustees of Baltimore City 9
Community College for the purposes of collective bargaining with faculty and part–time 10
faculty. 11
[(q) (1) “Showing of interest form” means a written statement from a public 12
employee who wishes to be represented by a petitioning employee organization for the 13
purpose of collective bargaining. 14
(2) “Showing of interest form” includes: 15
(i) A union authorization card; and 16
(ii) A union membership card. 17
(r) “Strike” means, in concerted action with others for the purpose of inducing, 18
influencing, or coercing a change in the wages, hours, or other terms and conditions of 19
employment, a public employee’s: 20
(1) Refusal to report for duty; 21
(2) Willful absence from the position; 22
(3) Stoppage of work; or 23
(4) Abstinence in whole or in part from the proper performance of the 24
duties of employment. 25
(s) “Supervisory employee” means a public employee who has full–time and 26
exclusive authority to act on behalf of a public employer to: 27
(1) Hire, transfer, suspend, lay off, recall, promote, discharge, assign, 28
reward, or discipline other employees; or 29
HOUSE BILL 984 17
(2) Adjust employee grievances.] 1
16–702. 2
(a) It is the intent of the General Assembly that: 3
(1) The State promote harmonious and cooperative relationships with the 4
public employees of the community college system by encouraging collective bargaining 5
practices, protecting the rights of public employees to associate, organize, and vote for their 6
own exclusive representatives, and recognizing the dignity of labor for all employees of the 7
community college system; and 8
(2) A delay in implementation of this subtitle shall be to ensure that 9
community colleges are granted sufficient time to plan for potential negotiations and may 10
not be used to plan for, or engage in, activities that would discourage or otherwise coerce 11
employees seeking to hold an election. 12
(b) This subtitle shall apply: 13
(1) Beginning on September 1, 2022, to: 14
(i) Anne Arundel Community College; 15
(ii) Community College of Baltimore County; 16
(iii) Frederick Community College; 17
(iv) Harford Community College; 18
(v) Howard Community College; 19
(vi) Montgomery College; 20
(vii) Prince George’s Community College; and 21
(viii) College of Southern Maryland; 22
(2) Beginning on September 1, 2023, to: 23
(i) Allegany College of Maryland; 24
(ii) Carroll Community College; 25
(iii) Cecil College; 26
(iv) Chesapeake College; 27
18 HOUSE BILL 984
(v) Garrett College; 1
(vi) Hagerstown Community College; and 2
(vii) Wor–Wic Community College; and 3
(3) Beginning October 1, 2024, Baltimore City Community College. 4
(C) PUBLIC EMPLOYEES , PUBLIC EMPLOYERS , AND EXCLUSIVE 5
REPRESENTATIVES ARE SUBJECT TO THE PROVI SIONS OF TITLE 21 OF THE STATE 6
GOVERNMENT ARTICLE. 7
16–703. 8
[(a) The Board shall conduct an election for an exclusive representative of a 9
bargaining unit if: 10
(1) A valid petition is submitted in accordance with § 16–704 of this 11
subtitle; and 12
(2) The bargaining unit involved in the petition is determined to be an 13
appropriate bargaining unit under subsections (b) and (c) of this section. 14
(b) (1) Except as provided in this subtitle, the Board shall determine the 15
appropriateness of each bargaining unit. 16
(2) If there is not a dispute about the appropriateness of the bargaining 17
unit, the Board shall issue an order defining an appropriate bargaining unit. 18
(3) If there is a dispute about the appropriateness of the bargaining unit, 19
the Board shall: 20
(i) Conduct a public hearing, receiving written and oral testimony; 21
and 22
(ii) Issue an order defining the appropriate bargaining unit. 23
(c)] There may be no more than four bargaining units at each community college 24
including: 25
(1) One unit reserved for full–time faculty; 26
(2) One unit reserved for part–time faculty; and 27
(3) Two units reserved for eligible nonexempt employees, as defined in the 28
federal Fair Labor Standards Act. 29
HOUSE BILL 984 19
[(d) The Board may not require the bargaining units at a community college to 1
conform to the requirements of this section if the bargaining units were in existence before 2
September 1, 2022.] 3
16–708. 4
(a) [A public employer has the right to: 5
(1) Determine how the statutory mandate and goals of the community 6
college, including the functions and programs of the community college, its overall budget, 7
and its organizational structure, are to be carried out; and 8
(2) Direct college personnel. 9
(b) A public employee has the right to: 10
(1) Organize; 11
(2) Form, join, or assist any employee organization; 12
(3) Bargain collectively through an exclusive representative; 13
(4) Engage in other lawful concerted activity for the purpose of collective 14
bargaining; and 15
(5) Refrain from engaging in the activities listed under this subsection. 16
(c)] A public employee or group of public employees has the right at any time to: 17
(1) Present a grievance arising under the terms of the agreement to the 18
public employer; and 19
(2) Have the grievance adjusted without the intervention of the exclusive 20
representative. 21
[(d)] (B) The exclusive representative has the right to be present during any 22
meeting involving the presentation or adjustment of a grievance. 23
[(e)] (C) (1) A public employer shall hear a grievance and participate in the 24
adjustment of the grievance. 25
(2) The adjustment of a grievance may not be inconsistent with the terms 26
of the collective bargaining agreement then in effect. 27
(3) A public employer shall give prompt notice of any adjustment of a 28
grievance to the exclusive representative. 29 20 HOUSE BILL 984
[(f) A public employer and an employee organization may not interfere with, 1
intimidate, restrain, coerce, or discriminate against a public employee because the 2
employee exercises rights granted under this section.] 3
Article – Health – General 4
15–903. 5
(c) (2) All elections shall be conducted by the [State Labor] PUBLIC 6
EMPLOYEE Relations Board and subject to the requirements and limitations of [Title 3, 7
Subtitle 4 of the State Personnel and Pensions Article] TITLE 21, SUBTITLE 4 OF THE 8
STATE GOVERNMENT ARTICLE. 9
(3) The [State Labor] PUBLIC EMPLOYEE Relations Board may not 10
conduct an election for an exclusive representative if an election or certification of an 11
exclusive representative has taken place within the preceding 2 years. 12
Article – State Government 13
TITLE 21. PUBLIC EMPLOYEE RELATIONS. 14
SUBTITLE 1. DEFINITIONS; GENERAL PROVISIONS. 15
21–101. 16
(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 17
INDICATED. 18
(B) “BOARD” MEANS THE PUBLIC EMPLOYEE RELATIONS BOARD. 19
(C) “CONFIDENTIAL EMPLOYEE ” INCLUDES AN INDIVIDU AL WHOSE 20
EMPLOYMENT RESPONSIB ILITIES REQUIRE KNOW LEDGE OF THE PUBLIC 21
EMPLOYER’S POSTURE IN THE COL LECTIVE NEGOTIATION PROCESS MEANS AN 22
EMPLOYEE WHO : 23
(1) ACTS IN A CONFIDENTI AL CAPACITY AND FORM ULATES AND 24
EFFECTUATES A PUBLIC EMPLOYER’S POLICIES THAT RELA TE TO COLLECTIVE 25
BARGAINING WITH PUBL IC EMPLOYEES; OR 26
(2) HAS ACCESS TO CONFID ENTIAL INFORMATION N OT GENERALLY 27
AVAILABLE TO PUBLIC EMPLOYEES REGARDING THE FORMULATION AND 28
EFFECTUATION OF A PU BLIC EMPLOYER ’S POLICIES THAT RELA TE TO COLLECTIVE 29
BARGAINING. 30
HOUSE BILL 984 21
(D) UNLESS SPECIFICALLY P ROVIDED OTHERWISE , “DAY” MEANS A 1
CALENDAR DAY . 2
(E) “EMPLOYEE ORGANIZATION ” MEANS A LABOR ORGANI ZATION IN WHICH 3
PUBLIC EMPLOYEES PAR TICIPATE AND THAT HA S AS ONE OF ITS PRIM ARY 4
PURPOSES REPRESENTIN G PUBLIC EMPLOYEES . 5
(F) “EXCLUSIVE REPRESENTAT IVE” MEANS AN EMPLOYEE OR GANIZATION 6
THAT HAS BEEN CERTIF IED BY THE BOARD AS AN EXCLUSIVE REPRESENTATIVE 7
UNDER SUBTITLE 4 OF THIS TITLE. 8
(G) “LOCKOUT” MEANS ACTION TAKEN B Y A PUBLIC EMPLOYER TO: 9
(1) INTERRUPT OR PREVENT THE CONTINUITY OF TH E EMPLOYEES ’ 10
USUAL WORK FOR THE P URPOSE AND WITH THE INTENT OF COERCI NG THE 11
EMPLOYEES INTO RELIN QUISHING RIGHTS GUAR ANTEED BY THIS TITLE ; OR 12
(2) BRING ECONOMIC PRESS URE ON EMPLOYEES FOR THE PURPOSE 13
OF SECURING THE AGRE EMENT OF THEIR EXECU TIVE REPRESENTATIVE TO 14
COLLECTIVE BARGAININ G AGREEMENT TERMS . 15
(H) “PUBLIC EMPLOYEE ” MEANS AN INDIVIDUAL WHO: 16
(1) HOLDS A POSITION BY APPOINTMENT OR EMPLO YMENT IN THE 17
SERVICE OF A PUBLIC EMPLOYER WITH COLLEC TIVE BARGAINING RIGH TS UNDER 18
TITLE 3 OF THE STATE PERSONNEL AND PENSIONS ARTICLE OR TITLE 6, SUBTITLE 19
4 OR 5 OR TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE; AND 20
(2) IS NOT A CONFIDENTIA L EMPLOYEE. 21
(H) (I) “PUBLIC EMPLOYER ” MEANS: 22
(1) THE STATE, INCLUDING ANY UNIT , DEPARTMENT , OR 23
INSTRUMENTALITY OF T HE STATE; 24
(2) A COMMUNITY COLLEGE LISTED UNDER § 16–702(B) OF THE 25
EDUCATION ARTICLE; AND 26
(3) A COUNTY BOARD OF ED UCATION OR THE BALTIMORE CITY 27
BOARD OF SCHOOL COMMISSIONERS . 28
(I) “PUBLIC EMPLOYEE ” MEANS AN INDIVIDUAL WHO: 29
22 HOUSE BILL 984
(1) HOLDS A POSITION BY APPOINTMENT OR EMPLO YMENT IN THE 1
SERVICE OF A PUBLIC EMPLOYER WITH COLLEC TIVE BARGAINING RIGH TS UNDER 2
TITLE 3 OF THE STATE PERSONNEL AND PENSIONS ARTICLE, TITLE 6, SUBTITLE 4 3
OR 5 OF THE EDUCATION ARTICLE OR TITLE 16, SUBTITLE 7 OF THE EDUCATION 4
ARTICLE; AND 5
(2) IS NOT A CONFIDENTIA L EMPLOYEE. 6
(J) (1) “SHOWING OF INTEREST F ORM” MEANS A WRITTEN STAT EMENT 7
FROM A PUBLIC EMPLOY EE WHO WISHES TO BE REPRESENTED BY A PET ITIONING 8
EMPLOYEE ORGANIZATIO N FOR THE PURPOSE OF COLLECTIVE BARGAININ G. 9
(2) “SHOWING OF INTEREST F ORM” INCLUDES: 10
(I) A UNION AUTHORIZATION CARD ; OR 11
(II) A UNION MEMBERSHIP C ARD. 12
(K) “STRIKE” MEANS ANY CONCERTED WORK STOPPAGE TO IND UCE, 13
INFLUENCE, COERCE, OR ENFORCE DEMANDS F OR A CHANGE IN WAGES , HOURS, 14
TERMS, OR OTHER CONDITIONS OF EMPLOYMENT INCLUDING: 15
(1) REFUSAL TO R EPORT FOR DUTY ; 16
(2) WILLFUL ABSENCE FROM A POSITION; 17
(3) SLOWDOWN OF WORK ; OR 18
(4) ABSTINENCE IN WHOLE OR IN PART FROM THE PROPER 19
PERFORMANCE OF THE D UTIES OF EMPLOYMENT . 20
21–102. 21
(A) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT IT IS T HE PUBLIC 22
POLICY OF THE STATE TO ENCOURAGE AN D PROTECT THE EXERCI SE BY PUBLIC 23
SECTOR EMPLOYEES OF THE FULL FREEDOM OF ASSOCIATION, 24
SELF–ORGANIZATION , AND DESIGNATION OF R EPRESENTATIVES OF TH EIR OWN 25
CHOOSING, FOR THE PURPOSE OF N EGOTIATING THE TERMS AND CONDITIONS OF 26
THEIR EMPLOYMENT OR OTHER MUTUAL AID OR PROTECTION . 27
(B) FOR THE ADVANCEMENT O F THE RIGHTS DESCRIB ED UNDER 28
SUBSECTION (A) OF THIS SECTION AND TO PROMOTE LABOR PEA CE AND THE 29
ORDERLY AND CONS TRUCTIVE RELATIONSHI PS BETWEEN ALL PUBLI C EMPLOYERS 30 HOUSE BILL 984 23
AND THEIR EMPLOYEES , THE GENERAL ASSEMBLY HAS DETERMIN ED THAT THE 1
OVERALL POLICY MAY B EST BE ACCOMPLISHED BY: 2
(1) GRANTING TO PUBLIC E MPLOYEES THE RIGHT T O ORGANIZE AND 3
CHOOSE FREELY THEIR REPRESENTATI VES; 4
(2) REQUIRING PUBLIC EMP LOYERS TO NEGOTIATE AND BARGAIN 5
WITH EMPLOYEE ORGANI ZATIONS REPRESENTING PUBLIC EMPLOYEES AND TO 6
ENTER INTO WRITTEN A GREEMENTS EVIDENCING THE RESULT OF THE BA RGAINING; 7
AND 8
(3) ESTABLISHING PROCEDU RES TO PROVIDE FOR T HE PROTECTION 9
OF THE RIGHTS OF PUB LIC EMPLOYEES , THE PUBLIC EMPLOYERS , AND THE PUBLIC 10
AT LARGE. 11
(C) THE LAW OF THE STATE WITH RESPECT TO THE LABOR RIGHTS OF 12
PUBLIC SECTOR EMPLOY EES IS INTENDED TO F OLLOW THE RIGHTS OF EMPLOYEES 13
UNDER THE FEDERAL NATIONAL LABOR RELATIONS ACT. 14
21–103. 15
DECISIONS OF THE FEDE RAL NATIONAL LABOR RELATIONS BOARD SHALL BE 16
AFFORDED PERSUASIVE WEIGHT IN ANY INTERP RETATION OF THIS TIT LE. 17
SUBTITLE 2. RIGHTS AND DUTIES OF EMPLOYEES, PUBLIC EMPLOYERS, AND 18
EXCLUSIVE REPRESENTATIVES . 19
21–201. 20
(A) EMPLOYEES OF A PUBLIC EMPLOYER HAVE THE RI GHT TO: 21
(1) ENGAGE IN CONCERTED ACTIVITIES FOR THE P URPOSES OF 22
MUTUAL AID OR PROTEC TION; AND 23
(2) REFRAIN FROM ANY OR ALL ACTIVITIES DESCR IBED UNDER ITEM 24
(1) OF THIS SUBSECTION . 25
(B) PUBLIC EMPLOY EES HAVE THE RIGHT T O: 26
(1) FORM, JOIN AND PARTICIPATE IN, OR TO REFRAIN FROM 27
FORMING, JOINING, OR PARTICIPATING IN , ANY EMPLOYEE ORGANIZ ATION OF 28
THEIR OWN CHOOSING ; 29
24 HOUSE BILL 984
(2) BE REPRESENTED BY EM PLOYEE ORGANIZATIONS , TO NEGOTIATE 1
COLLECTIVELY WITH TH EIR PUBLIC EMPLOYERS IN T HE DETERMINATION OF THEIR 2
TERMS AND CONDITIONS OF EMPLOYMENT , AND THE ADMINISTRATI ON OF 3
GRIEVANCES ARISING T HEREUNDER ; AND 4
(3) BE FAIRLY REPRESENTE D BY THEIR EXCLUSIVE 5
REPRESENTATIVE , IF ANY, IN COLLECTIVE BARGAI NING. 6
(C) EXCEPT AS PROVIDED IN SUBSECTI ON (D) OF THIS SECTION , AN 7
EMPLOYEE ORGANIZATIO N MAY ESTABLISH REAS ONABLE: 8
(1) RESTRICTIONS AS TO W HO MAY JOIN; AND 9
(2) PROVISIONS FOR THE D ISMISSAL OF INDIVIDU ALS FROM 10
MEMBERSHIP . 11
(D) AN EMPLOYEE ORGANIZATION MAY NOT ESTABLISH RESTRICTIONS AND 12
PROVISIONS UNDER SUB SECTION (C) OF THIS SECTION THAT DISCRIMINATE WITH 13
REGARD TO THE TERMS OR CONDITIONS OF MEM BERSHIP BECAUSE OF : 14
(1) AGE; 15
(2) ANCESTRY; 16
(3) COLOR; 17
(4) CREED; 18
(5) GENDER IDENTITY ; 19
(6) MARITAL STATUS ; 20
(7) MENTAL OR PHYSICAL D ISABILITY; 21
(8) NATIONAL ORIGIN ; 22
(9) RACE; 23
(10) RELIGIOUS AFFILIATIO N, BELIEF, OR OPINION; 24
(11) SEX; OR 25
(12) SEXUAL ORIENTATION . 26
21–202. 27 HOUSE BILL 984 25
A PUBLIC EMPLOYER SHAL L EXTEND TO AN EXCLU SIVE REPRESENTATIVE THE 1
RIGHT TO: 2
(1) REPRESENT PUBLIC EMP LOYEES IN: 3
(I) NEGOTIATIONS NOTWITH STANDING THE EXISTEN CE OF AN 4
AGREEMENT WITH AN EM PLOYEE ORGANIZATION THAT IS NO LONGER CE RTIFIED OR 5
RECOGNIZED ; AND 6
(II) THE SETTLEMENT OF GR IEVANCES; 7
(2) (I) ON REQUEST , INFORMATION FR OM A PUBLIC EMPLOYER 8
RELEVANT TO THE ADMI NISTRATION AND NEGOT IATION OF AN AGREEME NT OR THE 9
PROPER PERFORMANCE O F THE EMPLOYEE ORGAN IZATION’S DUTIES AS THE 10
PUBLIC EMPLOYEES ’ REPRESENTATIVE ; AND 11
(II) HAVE THE INFORMATION REQUESTED UNDER ITEM (I) OF 12
THIS ITEM MADE AVAILABLE AS SOON AS PRACTICAB LE, BUT NOT LATER THAN 30 13
DAYS AFTER THE PUBLI C EMPLOYER RECEIVES THE REQUEST ; AND 14
(3) COMMUNICATE WITH ITS MEMBERS AND ELECTED OFFICIALS, IN 15
A MANNER AND AT TIME S AT ITS DISCRETION , CONCERNING ISSUES RE LEVANT TO 16
THE ADMINISTRATION A ND NEGOTIATION OF AN AGREEMENT . 17
21–203. 18
(A) ON WRITTEN REQUEST OF AN EXCLUSIVE REPRESE NTATIVE FOR EACH 19
EMPLOYEE IN THE BARG AINING UNIT REPRESEN TED BY THE EXCLUSIVE 20
REPRESENTATIVE , THE PUBLIC EMPLOYER , AS APPROPRIATE , SHALL PROVIDE TH E 21
EXCLUSIVE REPRESENTA TIVE WITH THE EMPLOY EE’S: 22
(1) NAME; 23
(2) POSITION CLASSIFICAT ION; 24
(3) UNIT; 25
(4) HOME AND WORK SITE A DDRESSES WHERE THE E MPLOYEE 26
RECEIVES INTEROFFICE OR UNITED STATES MAIL; 27
(5) HOME AND WORK SITE T ELEPHONE NUMBERS ; 28
(6) WORK E–MAIL ADDRESS ; AND 29
26 HOUSE BILL 984
(7) POSITION IDENTIFICAT ION NUMBER. 1
(B) THE PUBLIC EMPLOYER , AS APPROPRIATE , SHALL PROVIDE THE 2
EXCLUSIVE REPRESENTA TIVE WITH THE REQUES TED INFORMATION IN A 3
SEARCHABLE AND ANALY ZABLE ELECTRONIC FOR MAT. 4
(C) NAMES OR LISTS OF EMPLOYEES PROVIDED T O THE BOARD IN 5
CONNECTION WITH AN E LECTION UNDER THIS T ITLE ARE NOT SUBJECT TO 6
DISCLOSURE IN ACCORD ANCE WITH TITLE 4 OF THE GENERAL PROVISIONS 7
ARTICLE. 8
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (3) OF THIS 9
SUBSECTION, AN EXCLUS IVE REPRESENTATIVE S HALL CONSIDER THE 10
INFORMATION THAT IT RECEIVES UNDER THIS SECTION AS CONFIDENT IAL AND MAY 11
NOT RELEASE THE INFO RMATION TO ANY PERSO N. 12
(2) AN EXCLUSIVE REPRESEN TATIVE MAY AUTHORIZE THIRD PARTY 13
CONTRACTORS TO USE T HE INFORMATION THAT IT RECEIVES UNDER THIS SECTION, 14
AS DIRECTED BY THE E XCLUSIVE REPRESENTAT IVE, TO CARRY OUT THE EXC LUSIVE 15
REPRESENTATIVE ’S STATUTORY DUTIES U NDER THIS TITLE. 16
(3) AN EXCLUSIVE REPRESEN TATIVE OR AN AUTHORI ZED THIRD 17
PARTY CONTRACTOR MAY USE THE INFORMATION THAT IT RECEIVES UNDER THIS 18
SECTION FOR THE PURP OSE OF MAINTAINING O R INCREASING EMPLOYE E 19
MEMBERSHIP IN AN EMP LOYEE ORGANIZATION . 20
(4) ON WRITTEN REQUEST OF AN EMPLOYEE , AN EXCLUSIVE 21
REPRESENTATIVE SHALL WITHHOLD FURTHER COM MUNICATION WITH THE 22
EMPLOYEE UNLE SS OTHERWISE REQUIRE D BY LAW OR THE WRIT TEN REQUEST IS 23
REVOKED BY THE EMPLO YEE. 24
21–204. 25
A PUBLIC EMPLOYER HAS THE RIGHT TO: 26
(1) DETERMINE HOW THE ST ATUTORY MANDATE AND GOALS OF THE 27
PUBLIC EMPLOYER , INCLUDING THE FUNCTI ONS AND PROGRAMS OF THE PUBLIC 28
EMPLOYER, ITS OVERALL BUDGET , AND ITS ORGANIZATION AL STRUCTURE , ARE TO 29
BE CARRIED OUT ; AND 30
(2) DIRECT EMPLOYEES OF THE PUBLIC EMPLOYER . 31
21–205. 32
HOUSE BILL 984 27
(A) A PUBLIC EMPLOYER IS P ROHIBITED FROM ENGAG ING IN A LOCKOUT . 1
(B) PUBLIC EMPLOYEES ARE PROHIBITED FROM ENGAGING IN A STRIKE . 2
(C) A PUBLIC EMPLOYER OR A N EMPLOYEE ORGANIZAT ION MAY NOT 3
INTERFERE WITH , INTIMIDATE, RESTRAIN, COERCE, OR DISCRIMINATE AGAI NST A 4
PUBLIC EMPLOYEE BECA USE THE PUBLIC EMPLO YEE EXERCISES RIGHTS GRANTED 5
UNDER THIS TITLE . 6
21–206. 7
(A) A PUBLIC EMPLOYER AND ITS OFFICERS, EMPLOYEES, AGENTS, OR 8
REPRESENTATIVES ARE PROHIBITED FROM ENGA GING IN ANY UNFAIR L ABOR 9
PRACTICE, INCLUDING: 10
(1) INTERFERING WITH , RESTRAINING, OR COERCING EMPLOYEE S IN 11
THE EXERCISE OF THEI R RIGHTS UNDER THIS TITLE; 12
(2) DOMINATING , INTERFERING WITH , CONTRIBUTING FINANCI AL OR 13
OTHER SUPPORT TO , OR ASSISTING IN THE FORMATION, EXISTENCE, OR 14
ADMINISTRATION OF AN Y EMPLOYEE ORGANIZAT ION; 15
(3) GRANTING ADMINISTRAT IVE LEAVE TO EMPLOYE ES TO ATTEND 16
EMPLOYER SPONSORED O R SUPPORTED MEETINGS O R EVENTS RELATING TO AN 17
ELECTION UNDER SUBTITLE 4 OF THIS TITLE, UNLESS THE PUBLIC EM PLOYER 18
GRANTS EMPLOYEES AT LEAST THE SAME AMOUN T OF ADMINISTRATIVE LEAVE TO 19
ATTEND LABOR ORGANIZ ATION SPONSORED OR S UPPORTED MEETINGS OR 20
EMPLOYEE MEETI NGS; 21
(4) DISCRIMINATING IN HI RING, TENURE, OR ANY TERM OR 22
CONDITION OF EMPLOYM ENT TO ENCOURAGE OR DISCOURAGE MEMBERSHI P IN AN 23
EMPLOYEE ORGANIZATIO N; 24
(5) DISCHARGING OR DISCR IMINATING AGAINST AN EMPLOYEE 25
BECAUSE OF THE SIGNI NG OR FILING OF AN AFFIDAVIT, PETITION, OR COMPLAINT , 26
OR GIVING INFORMATIO N OR TESTIMONY IN CO NNECTION WITH MATTER S UNDER 27
THIS TITLE; 28
(6) FAILING TO PROVIDE A LL EMPLOYEE ORGANIZA TIONS INVOLVED 29
IN AN ELECTION THE S AME RIGHTS OF ACCESS AS REQUIRED BY THE BOARD 30
THROUGH REGUL ATION; 31
(7) ENGAGING IN SURVEILL ANCE OF UNION ACTIVI TIES; 32
28 HOUSE BILL 984
(8) REFUSING TO BARGAIN IN GOOD FAITH; 1
(9) FAILING TO MEET AN E STABLISHED NEGOTIATI ON DEADLINE , 2
UNLESS A WRITTEN AGR EEMENT BETWEEN THE P UBLIC EMPLOYER AND T HE 3
EXCLUSIVE REPRESENTA TIVE PROVIDES OTHERWISE ; 4
(10) ENGAGING IN A LOCKOU T; OR 5
(11) SPENDING PUBLIC MONE Y TO CONTRACT WITH , USING PUBLIC 6
RESOURCES TO CONTRACT WITH , OR PROVIDING ASSISTA NCE TO AN INDIVIDUAL OR 7
GROUP FOR A NEGATIVE CAMPAIGN AGAINST EFF ORTS BY EMPLOYEES OF A PUBLIC 8
EMPLOYER OR AN EMPLOYE E ORGANIZATION TO : 9
(I) GAIN OR RETAIN COLLE CTIVE BARGAINING RIG HTS; OR 10
(II) CERTIFY AN EMPLOYEE ORGANIZATION AS AN E XCLUSIVE 11
REPRESENTATIVE . 12
(B) EMPLOYEE ORGANIZATION S AND THEIR AGENTS O R REPRESENTATIVES 13
ARE PROHIBITED FROM ENGAGING IN ANY UNFAI R LABOR PRACTICE , INCLUDING: 14
(1) INTERFERING WITH , RESTRAINING, OR COERCING EMPLOYEE S IN 15
THE EXERCISE OF THEI R RIGHTS UNDER THIS TITLE; 16
(2) CAUSING OR ATTEMPTIN G TO CAUSE A PUBLIC EMPLOYER TO 17
DISCRIMINATE IN HIRI NG, TENURE, OR ANY TERM OR CONDITION OF EMPLOYMENT 18
TO ENCOURAGE OR DISC OURAGE MEMBERSHIP IN AN EMPLOYEE ORGANIZA TION; 19
(3) ENGAGING IN , INDUCING, OR ENCOURAGING ANY P ERSON TO 20
ENGAGE IN A STRIKE , AS DEFINED IN § 21–205 OF THIS SUBTITLE; 21
(4) INTERFERING WITH THE STATUTORY DUTIES OF THE STATE OR A 22
PUBLIC EMPLOYER ; 23
(5) REFUSING TO BARGAIN IN GOOD FAITH; OR 24
(6) NOT FAIRLY REPRESENT ING EMPLOYEES IN COL LECTIVE 25
BARGAINING OR IN ANY OTHER MATTER IN WHIC H THE EMPLOYEE ORGAN IZATION 26
HAS THE DUTY OF FAIR REPRESENTATION . 27
21–207. 28
(A) EACH EXCLUSIVE REPRES ENTATIVE HAS THE RIG HT TO COMMUNICATE 29
WITH THE EMPLOYEES T HAT IT REPRESENTS . 30 HOUSE BILL 984 29
(B) (1) PUBLIC EMPLOYERS SHAL L ALLOW AN EXCLUSIVE 1
REPRESENTATIVE TO : 2
(I) MEET WITH A NEW EMPL OYEE IN A BARGAINING UNIT 3
REPRESENTED BY T HE EXCLUSIVE REPRESE NTATIVE WITHIN THE F IRST FULL PAY 4
PERIOD OF THE NEW EM PLOYEE’S START DATE; OR 5
(II) ATTEND AND PARTICIPA TE IN A NEW EMPLOYEE PROGRAM 6
THAT INCLUDES ONE OR MORE EMPLOYEES WHO A RE IN A BARGAINING U NIT 7
REPRESENTED BY THE E XCLUSIVE REPRES ENTATIVE. 8
(2) THE NEW EMPLOYEE PROG RAM DESCRIBED IN PAR AGRAPH (1)(II) 9
OF THIS SUBSECTION M AY BE A NEW EMPLOYEE ORIENTATION , TRAINING, OR OTHER 10
PROGRAM THAT THE PUB LIC EMPLOYER AND AN EXCLUSIVE REPRESENTA TIVE 11
NEGOTIATE IN ACCORDA NCE WITH TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION 12
ARTICLE, TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE, OR TITLE 3 OF THE 13
STATE PERSONNEL AND PENSIONS ARTICLE. 14
(3) EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS SUBSECTION , 15
THE EXCLUSIVE REPRES ENTATIVE SHALL BE AL LOWED AT LEAST 30 MINUTES TO 16
MEET WITH THE NEW EM PLOYEE OR TO COLLECT IVELY ADDRESS ALL NE W 17
EMPLOYEES IN ATTENDA NCE DURING A NEW EMP LOYEE PROGRAM . 18
(4) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 19
PARAGRAPH , A MEETING BETWEEN TH E NEW EMPLOYEE AND T HE EXCLUSIVE 20
REPRESENTATIVE SHALL B E IN PERSON. 21
(II) AN EXCLUSIVE REPRESEN TATIVE MAY CHOOSE TO MEET 22
WITH A NEW EMPLOYEE BY VIDEO OR SIMILAR TECHNOLOGY IF PUBLIC HEALTH 23
CONCERNS NECESSITATE THAT A MEETING BE CO NDUCTED REMOTELY . 24
(5) A PUBLIC EMPLOYER AND AN EXCLUSIV E REPRESENTATIVE MAY 25
NEGOTIATE A PERIOD O F TIME THAT IS MORE THAN 30 MINUTES IN ACCORDANC E 26
WITH TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, TITLE 16, SUBTITLE 27
7 OF THE EDUCATION ARTICLE, OR TITLE 3 OF THE STATE PERSONNEL AND 28
PENSIONS ARTICLE. 29
(6) A PUBLIC EMPLOYER : 30
(I) SHALL ENCOURAGE AN E MPLOYEE TO MEET WITH THE 31
EXCLUSIVE REPRESENTA TIVE OR ATTEND THE P ORTION OF A NEW EMPL OYEE 32
PROGRAM DESIGNATED F OR AN EXCLUSIVE REPR ESENTATIVE TO ADDRES S NEW 33
EMPLOYEES; AND 34 30 HOUSE BILL 984
(II) MAY NOT REQUIRE AN E MPLOYEE TO MEET WITH AN 1
EXCLUSIVE REPRESENTA TIVE OR ATTEND THE P ORTION OF A NEW EMPL OYEE 2
PROGRAM DESIGNATED F OR AN EXCLUSIVE REPR ESENTATIVE TO ADDRES S NEW 3
EMPLOYEES IF THE EMP LOYEE OBJECTS TO ATT ENDING. 4
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION 5
AND SUBJECT TO PARAG RAPH (3) OF THIS SUBSECTION , A PUBLIC EMPLOYER SH ALL 6
PROVIDE THE EXCLUSIV E REPRESENTATIVE AT LEAST 10 DAYS’ NOTICE OF THE 7
START DATE OF A NEW EMPLOYEE IN A BARGAI NING UNIT REPRESENTE D BY THE 8
EXCLUSIVE REPRESENTA TIVE. 9
(2) A PUBLIC EMPLOYER MAY PROVIDE THE EXCLUSIV E 10
REPRESENTATIVE WITH LESS THAN 10 DAYS’ NOTICE IF THERE IS A N URGENT NEED 11
CRITICAL TO THE EMPL OYER THAT WAS NOT RE ASONABLY FORESEEABLE . 12
(3) THE NOTICE REQUIRED U NDER PARAGRAPH (1) OF THIS 13
SUBSECTION SHALL : 14
(I) BE PROVIDED ELECTRON ICALLY TO THE LOCAL PRESIDENT 15
OR EXCLUSIVE REPRESE NTATIVE DESIGNEE WIT HIN 5 DAYS OF THE EMPLOYEE ’S 16
FIRST CHECK–IN; 17
(II) EXCEPT AS PROVIDED I N ITEM (III) OF THIS PARAGRAPH , 18
INCLUDE THE NEW EMPL OYEE’S NAME, UNIT, AND ALL EMPLOYEE I DENTIFICATION 19
NUMBERS, INCLUDING WORKDAY NUMBERS ; 20
(III) EXCLUDE THE NEW EMPL OYEE’S SOCIAL SECURITY 21
NUMBER; AND 22
(IV) BE CONSIDERED CONFID ENTIAL BY AN EXCLUSI VE 23
REPRESENTATIVE . 24
(4) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 25
PARAGRAPH , AN EXCLUSIVE REPRESENTA TIVE MAY NOT DISCLOS E THE 26
INFORMATION IN A NOT ICE. 27
(II) THE EXECUTIVE EXCLUSIVE REPRESENTATIVE MAY 28
AUTHORIZE A THIRD –PARTY CONTRACTOR TO USE THE INFORMATION IN A NOTICE, 29
AS DIRECTED BY THE E XCLUSIVE REPRESENTAT IVE, TO FULFILL THE EX CLUSIVE 30
REPRESENTATIVE ’S STATUTORY DUTIES . 31
21–208. 32
HOUSE BILL 984 31
AN EMPLOYEE ORGANIZAT ION CERTIFIED AS THE EXCLUSIVE 1
REPRESENTATIVE SHALL : 2
(1) SERVE AS THE SOLE AN D EXCLUSIVE BARGAINI NG AGENT FOR ALL 3
EMPLOYEES IN THE BAR GAINING UNIT; 4
(2) REPRESENT FAIRLY AND WITHOUT DISCRIMINATI ON ALL 5
EMPLOYEES IN THE BAR GAINING UNIT, WHETHER OR NOT THE E MPLOYEES ARE 6
MEMBERS OF THE EMPLO YEE ORGANIZATION OR ARE PAYING DUES OR O THER 7
CONTRIBUTIONS TO IT OR PARTICIPATING IN ITS AFFAIRS; AND 8
(3) PROMPTLY FILE WITH T HE BOARD ALL CHANGES AND 9
AMENDMENTS TO THE OR GANIZATION’S GOVERNING DOCUMENT S. 10
21–209. 11
(A) AN EMPLOYEE ORGANIZAT ION IS ENTITLED TO M EMBERSHIP DUES 12
DEDUCTION, ON PRESENTATION BY T HE EMPLOYEE ORGANIZA TION OF: 13
(1) DUES DEDUCTION AUTHO RIZATION CARDS ; 14
(2) ELECTRONI C MEMBERSHIP APPLICA TION; OR 15
(3) OTHER METHOD BY WHIC H AN EMPLOYEE HAS MA NIFESTED 16
ASSENT FOR MEMBERSHI P DUES DEDUCTION . 17
(B) (1) A PUBLIC EMPLOYER SHAL L COMMENCE MAKING DU ES 18
DEDUCTIONS AS SOON A S PRACTICABLE , BUT NOT LATER THAN 30 DAYS AFTER 19
RECEIVING THE PROOF PRESENTED UNDER SUBSECTION (A) OF THIS SECTION. 20
(2) A PUBLIC EMPLOYER SHAL L TRANSMIT MEMBERSHI P DUES TO 21
THE EMPLOYEE ORGANIZ ATION WITHIN 30 DAYS AFTER THE DEDUC TIONS ARE 22
MADE. 23
(3) A PUBLIC EMPLOYER SHAL L ACCEPT AN AUTHORIZ ATION TO 24
DEDUCT FROM THE SALARY OF A PUBLIC EMPLOYEE AN A MOUNT FOR THE PAYMEN T 25
OF DUES IN ANY FORMA T AUTHORIZED UNDER § 21–106 OF THE COMMERCIAL LAW 26
ARTICLE. 27
(C) THIS SECTION MAY NOT BE CONSTRUED TO REQU IRE AN EMPLOYEE TO 28
BECOME A MEMBER OF A N EMPLOYEE ORGANIZAT ION. 29
(D) (1) THE RIGHT OF AN EMPLO YEE ORGANIZATION TO MEMBERSHIP 30
DUES DEDUCTION SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL : 31 32 HOUSE BILL 984
(I) AN EMPLOYEE REVOKES MEMBERSHIP IN ACCORD ANCE 1
WITH A COLLECTIVE BA RGAINING AGREEMENT O R THE MEMBERSHIP APP LICATION; 2
(II) THE EMPLOYEE CANCELS MEM BERSHIP DUES DEDUCTI ON 3
UNDER § 2–403 OF THE STATE PERSONNEL AND PENSIONS ARTICLE; OR 4
(III) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 5
EMPLOYEE IS NO LONGE R EMPLOYED BY THE PU BLIC EMPLOYER . 6
(2) IF WITHIN A PERIOD OF 1 YEAR, THE EMPLOYEE IS EMPL OYED BY 7
THE SAME PUBLIC EMPL OYER IN A POSITION R EPRESENTED BY THE SA ME 8
EXCLUSIVE REPRESENTA TIVE, THE RIGHT TO MEMBERS HIP DUES DEDUCTION 9
SHALL BE AUTOMATICAL LY REINSTATED . 10
(E) IF THE EMPLOYEE WHO H AS CONSENTED TO DUES DEDUCTION IS 11
EITHER REMOVED FROM A PU BLIC EMPLOYER ’S PAYROLL OR OTHERWI SE PLACED 12
ON AN INVOLUNTARY OR VOLUNTARY LEAVE OF A BSENCE, WHETHER PAID OR 13
UNPAID, THE PUBLIC EMPLOYEE ’S MEMBERSHIP DUES DE DUCTION AUTHORIZATIO N 14
SHALL: 15
(1) REMAIN EFFECTIVE ; AND 16
(2) BE CONTINUED O N THE PUBLIC EMPLOYE E’S RETURN TO THE 17
PAYROLL OR RESTORATI ON TO ACTIVE EMPLOYM ENT FROM A LEAVE OF ABSENCE. 18
(F) IF AN AUTHORIZATION F OR A PUBLIC EMPLOYER TO MAKE 19
MEMBERSHIP DUES DEDU CTION WAS IN EFFECT ON JUNE 30, 2023: 20
(1) THE RIGHT OF THE EMP LOYEE ORGANIZATION TO MEMB ERSHIP 21
DUES DEDUCTION SHALL CONTINUE UNLESS THE RIGHT IS TERMINATED UNDER 22
SUBSECTION (D) OF THIS SECTION; AND 23
(2) THE EMPLOYEE ORGANIZ ATION MAY NOT BE REQ UIRED TO 24
PRESENT NEW AUTHORIZ ATION UNDER SUBSECTI ON (A) OF THIS SECTION. 25
21–210. 26
(A) A PUBLIC EMPLOYER OR I TS OFFICERS, OR AN AGENT OF THE P UBLIC 27
EMPLOYER, MAY NOT SPEND PUBLIC MONEY, USE PUBLIC RESOURCES , OR PROVIDE 28
ASSISTANCE TO AN IND IVIDUAL OR GROUP FOR A NEGATIVE CAMPAIGN AGAINST 29
EFFORTS BY EMPLOYEES OF A PUBLIC EMPLOYER OR AN EMPLOYEE ORGANIZAT ION 30
TO: 31
HOUSE BILL 984 33
(1) GAIN OR RETAIN COLLE CTIVE BARGAINING RIG HTS; OR 1
(2) CERTIFY AN EMPLOYEE ORGANIZATION AS AN E XCLUSIVE 2
REPRESENTATIVE . 3
(B) (1) WITHIN 7 DAYS AFTER A VALID E LECTION HAS BEEN SCH EDULED 4
UNDER SUBTITLE 4 OF THIS TITLE, THE PUBLIC EMPLOYER SHAL L ALLOW PUBLIC 5
EMPLOYEES AND EMPLOY EE ORGANIZATIONS TO ACCESS THE EMPLOYER ’S 6
PROPERTY AND FACILIT IES, INCLUDING GROUNDS , ROOMS, BULLETIN BOARDS , 7
INTEROFFICE MAIL , AND OTHER COMMON ARE AS FOR CAMPAIGN ACTI VITIES FOR 8
THE ELECTION . 9
(2) THE PUBLIC EMPLOYER M AY NOT: 10
(I) LIMIT THE AMOUNT OF TIME A PUBLIC EMPLOY EE HAS 11
ACCESS TO THE PUBLIC EMPLOYER’S PROPERTY AND FACIL ITIES DURING AN 12
ELECTION UNDER THIS SECTION; OR 13
(II) ALTER OR REVISE EXIS TING RULES OR REGULA TIONS TO 14
UNFAIRLY LIMIT O R PROHIBIT PUBLIC EM PLOYEES OR EMPLOYEE ORGANIZATIONS 15
FROM EXERCISING THEI R RIGHTS UNDER THIS TITLE. 16
(3) THIS SUBSECTION MAY N OT BE CONSTRUED TO A LLOW CAMPAIGN 17
ACTIVITIES TO INTERF ERE WITH A PUBLIC EM PLOYER’S OPERATIONS. 18
SUBTITLE 3. PUBLIC EMPLOYEE RELATIONS BOARD. 19
21–301. 20
THERE IS A PUBLIC EMPLOYEE RELATIONS BOARD ESTABLISHED AS AN 21
INDEPENDENT UNIT OF STATE GOVERNMENT . 22
21–302. 23
(A) THE BOARD CONSISTS OF THE FOLLOWING FIVE MEMBE RS: 24
(1) A CHAIR APPOINTED BY THE GOVERNOR WITH THE ADV ICE AND 25
CONSENT OF THE SENATE, REPRESENTING THE PUB LIC; 26
(2) TWO MEMBERS CHOSEN F ROM A LIST OF CANDID ATES SUBMITTED 27
BY EACH EXCLUSIVE RE PRESENTATIVE , APPOINTED BY THE GOVERNOR WITH DUE 28
REGARD FOR ANY CANDI DATES WHO HAVE MAJOR ITY OR PLURALITY SUP PORT 29
FROM EXCLUSIVE REP RESENTATIVES , WITH THE ADVICE AND CONSENT OF THE 30
SENATE; AND 31 34 HOUSE BILL 984
(3) TWO MEMBERS CHOSEN F ROM A LIST OF CANDID ATES SUBMITTED 1
BY PUBLIC EMPLOYERS , APPOINTED BY THE GOVERNOR WITH THE ADV ICE AND 2
CONSENT OF THE SENATE. 3
(B) EACH MEMBER OF THE BOARD: 4
(1) MUST HAVE KNOWLEDGE OF AN D EXPERIENCE WITH LA BOR LAW, 5
LABOR MEDIATION , OR LABOR NEGOTIATION S; 6
(2) MAY NOT BE OFFICERS OR EMPLOYEES OF A PU BLIC EMPLOYER , 7
OR OF AN EMPLOYEE OR GANIZATION; AND 8
(3) MUST BE KNOWN FOR OB JECTIVE AND INDEPEND ENT JUDGMENT . 9
(C) BEFORE TAKING OFFICE , EACH MEMBER SHALL TA KE THE OATH 10
REQUIRED BY ARTICLE I, § 9 OF THE MARYLAND CONSTITUTION. 11
(D) (1) THE TERM OF A MEMBER IS 6 YEARS. 12
(2) THE TERMS OF MEMBERS ARE STAGGERED AS REQ UIRED BY THE 13
TERMS PROVIDED FOR M EMBERS OF THE BOARD ON JULY 1, 2023. 14
(3) A VACANCY SHALL BE FIL LED FOR AN UNEXPIRED TERM IN THE 15
SAME MANNER AS AN OR IGINAL APPOINTMENT . 16
(4) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 17
A SUCCESSOR IS APPOI NTED AND QUALIFIES . 18
(5) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 19
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 20
QUALIFIES. 21
(E) THE GOVERNOR MAY REMOVE A MEMBER ONLY FOR INCO MPETENCE OR 22
MISCONDUCT . 23
(F) IN MAKING APPOINTMENT S TO THE BOARD, THE GOVERNOR SHALL 24
ENSURE, TO THE EXTENT PRACTICAB LE, THAT THE RATIO OF MA LE TO FEMALE 25
MEMBERS AND THE RACI AL MAKEUP OF THE BOARD IS REFLECTIVE O F THE 26
GENERAL POPULATION O F THE STATE. 27
21–303. 28
HOUSE BILL 984 35
(A) (1) A MAJORITY OF THE VOTI NG MEMBERS SHALL CON STITUTE A 1
QUORUM FOR : 2
(I) THE TRANSACTION OF ANY B USINESS; OR 3
(II) THE EXERCISE OF ANY POWER OR THE PERFORM ANCE OF 4
ANY DUTY AUTHORIZED OR IMPOSED BY LAW . 5
(2) FORMAL ACTION MAY NOT BE TAKEN BY THE BOARD WITHOUT 6
THE APPROVAL OF A MA JORITY OF THE VOTING MEMBERS OF THE BOARD. 7
(B) THE BOARD SHALL SET THE T IMES AND PLACES OF I TS MEETINGS, BUT 8
SHALL MEET AT LEAST ONCE PER MONTH . 9
(C) (1) AN APPOINTED MEMBER O F THE BOARD IS ENTITLED TO : 10
(I) THE COMPENSATION PRO VIDED IN THE STATE BUDGET ; 11
AND 12
(II) REIMBURSEMENT FOR EX PENSES UNDER THE STANDARD 13
STATE TRAVEL REGULATIONS AS PROVID ED IN THE STATE BUDGET . 14
(2) THE CHAIR OF THE BOARD SHALL GIVE FULL TIME TO THE DUTIES 15
OF CHAIR AND IS ENTI TLED TO A SALARY AS PROVIDED IN THE STATE BUDGET . 16
21–304. 17
(A) (1) THE BOARD SHALL APPOINT A N EXECUTIVE DIRECTOR OF THE 18
BOARD. 19
(2) THE EXECUTIVE DIRECTOR: 20
(I) IS RESPONSIBLE TO AN D SERVES AT THE PLEA SURE OF THE 21
BOARD; 22
(II) MUST HAVE KNOWLEDGE OF AND EXPERIENCE WI TH LABOR 23
ISSUES; AND 24
(III) IS ENTITLED TO THE S ALARY PROVIDED IN TH E STATE 25
BUDGET. 26
(B) THE EXECUTIVE DIRECTOR SHALL PERFOR M THE DUTIES THAT TH E 27
BOARD ASSIGNS, INCLUDING: 28
(1) OPERATING THE OFFICE OF THE BOARD; AND 29 36 HOUSE BILL 984
(2) KEEPING THE OFFICIAL RECORDS OF THE BOARD. 1
(C) THE EXECUTIVE DIRECTOR MAY HIRE ANY STAFF NECESSARY TO 2
CARRY OUT THE PROVIS IONS OF THIS TITLE. 3
21–305. 4
(A) THE BOARD SHALL APPOINT : 5
(1) A DEPUTY DIRECTOR FO R EXECUTIVE BRANCH LABOR 6
RELATIONS; 7
(2) A DEPUTY DIRECTOR FO R PUBLIC SCHOOL LABO R RELATIONS; 8
AND 9
(3) A DEPUTY DIRECTOR FO R PUBLIC HIGHER ED UCATION LABOR 10
RELATIONS. 11
(B) THE DEPUTY DIRECTORS : 12
(1) ARE RESPONSIBLE TO A ND SERVE AT THE PLEA SURE OF THE 13
BOARD; 14
(2) MUST HAVE KNOWLEDGE OF AND EXPERIENCE WI TH LABOR 15
ISSUES AND THE SUBJE CT MATTER AREA ASSOC IATED WITH THEIR POS ITIONS; AND 16
(3) ARE ENTITLED TO THE SALARY PROVIDED IN T HE STATE BUDGET. 17
21–306. 18
(A) THE BOARD IS RESPONSIBLE FOR ADMINISTERING AN D ENFORCING 19
PROVISIONS OF: 20
(1) THIS TITLE; 21
(2) TITLE 6, SUBTITLE 4 OR AND 5 OF THE EDUCATION ARTICLE; 22
(3) TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE; AND 23
(4) TITLE 3 OF THE STATE PERSONNEL AND PENSIONS ARTICLE. 24
(B) IN ADDITION TO ANY OT HER POWERS OR DUTIES PROVIDED FOR 25
ELSEWHERE IN THIS TI TLE, TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, 26 HOUSE BILL 984 37
TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE, AND TITLE 3 OF THE STATE 1
PERSONNEL AND PENSIONS ARTICLE, THE BOARD MAY: 2
(1) ESTABLISH PROCEDURES FOR, SUPERVISE THE CONDUC T OF, AND 3
RESOLVE DISPUTES ABO UT ELECTIONS FOR EXC LUSIVE REPRESENTATIV ES; 4
(2) ESTABLISH PROCEDURES FOR AND RESO LVE DISPUTES ABOUT 5
PETITIONS FOR BARGAI NING UNIT CLARIFICAT ION; 6
(3) ESTABLISH PROCEDURES FOR AND RESOLVE DISP UTES ABOUT 7
PETITIONS AND ELECTI ONS FOR DECERTIFICAT ION OF AN EXCLUSIVE 8
REPRESENTATIVE ; 9
(4) INVESTIGATE AND TAKE APPROPRIATE ACTION I N RESPONSE TO 10
COMPLAINTS OF UNFAIR LABOR PRACTICES , INCLUDING STRIKES AN D LOCKOUTS; 11
(5) ESTABLISH PROCEDURES FOR AND RESOLVE DISP UTES ABOUT 12
THE NEGOTIABILITY OF BARGAINING SUBJECTS ; 13
(6) ON APPLICATION BY AN EXCLUSIVE REPRESENTA TIVE EMPLOYEE 14
ORGANIZATION OR PUBLIC EMPLOYER , DETERMINE THAT THE A PPLICANT SHALL BE 15
DESIGNATED AS A JOIN T PUBLIC EMPLOYER OF PUBLIC EMPLOYEES IN AN 16
EMPLOYER–EMPLOYEE BARGAINING UNIT DETERMINED IN A CCORDANCE WITH 17
SUBTITLE 4 OF THIS TITLE WHEN SUCH DETERMIN ATION WOULD BEST EFF ECTUATE 18
THE PURPOSES OF THIS SUBTITLE; AND 19
(7) RESOLVE MATTERS AS P ROVIDED IN §§ 6–408, 6–510, AND 16–711 20
§§ 6–406, 6–507, AND 16–707 OF THE EDUCATION ARTICLE. 21
(C) THE BOARD SHALL HAVE BROA D DISCRETION TO TAKE AND ORDER 22
REMEDIAL ACTIONS WHE N IT FINDS THAT A PA RTY HAS COMMITTED AN UNFAIR 23
LABOR PRACTICE , INCLUDING THE RESTOR ATION OF ANY RIGHT , PAY, STATUS, OR 24
BENEFIT LOST BY A PU BLIC EMPLOYEE OR GRO UP OF PUBLIC EMPLOYE ES, DUE TO 25
VIOLATIONS OF THIS T ITLE. 26
(D) TO ENFORCE THE PROVISIO NS OF THIS SUBTITLE , THE BOARD MAY: 27
(1) ISSUE SUBPOENAS ; AND 28
(2) ADMINISTER OATHS AND AFFIRMATIONS , EXAMINE WITNESSES , 29
AND RECEIVE EVIDENCE . 30
38 HOUSE BILL 984
(E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 1
THE BOARD SHALL ADOPT A ND ENFORCE REGULATIO NS, GUIDELINES, AND 2
POLICIES TO CARRY OU T THIS TITLE. 3
(2) THE BOARD MAY NOT ADOPT A NY REGULATION , GUIDELINE, OR 4
POLICY THAT: 5
(I) UNNECESSARILY DELAYS THE RESOLUTION OF DI SPUTES 6
OVER ELECTIONS , UNFAIR LABOR PRACTIC ES, OR ANY OTHER MATTER UNDER THIS 7
TITLE; OR 8
(II) RESTRICTS OR WEAKENS THE PROTECTIONS PROV IDED TO 9
PUBLIC EMPLOYEES AND EMPLOYEE ORGANIZATIO NS UNDER THIS TITLE OR UNDER 10
REGULATIONS . 11
21–307. 12
(A) (1) IF A PARTY HAS BEEN C HARGED WITH ENGAGING IN OR HAS 13
ENGAGED IN AN U NFAIR LABOR PRACTICE , THE APPROPRIATE DEPU TY DIRECTOR 14
SHALL INVESTIGATE TH E CHARGE. 15
(2) IF THE BOARD, THROUGH THE DEPUTY D IRECTOR’S 16
INVESTIGATION , FINDS THAT PROBABLE CAUSE EXISTS TO SUPP ORT THE CHARGE 17
OF AN UNFAIR LABOR P RACTICE, THE BOARD SHALL: 18
(I) ISSUE A COMPLAINT AG AINST THE PARTY STAT ING THE 19
CHARGES; AND 20
(II) NOT LESS THAN 15 DAYS AFTER ISSUING T HE COMPLAINT , 21
ISSUE A NOTICE OF A HEARING BEFORE THE BOARD OR THE OFFICE OF 22
ADMINISTRATIVE HEARINGS. 23
(B) THE BOARD MAY NOT ISSUE A COMPLAINT UNDER SUBSECTION (A)(2)(I) 24
OF THIS SECTION IF T HE UNFAIR LABOR PRAC TICE OCCURRED MORE T HAN 6 25
MONTHS BEFORE THE FI LING OF THE CHARGE . 26
(C) (1) THE DEPUTY DIRECTORS SHALL ENDEAVOR AT AL L TIMES TO 27
SEEK INFORMAL RESOLU TION OF CHARGES OR C OMPLAINTS. 28
(2) THE BOARD AND THE APPROPR IATE DEPUTY DIRECTOR SHALL 29
MAKE ALL PRACTICAL A ND REASONABLE EFFORT S TO RESOLVE CHARGES AND 30
COMPLAINTS OF UNFAIR LABOR PRACTICES IN A SWIFT MANNER . 31
HOUSE BILL 984 39
(D) FOR THE PURPOSES OF E XAMINATION AND THE R IGHT TO COPY, THE 1
BOARD AND THE DEPUTY DIRECTORS SHALL AT A LL REASONABLE TIMES HAVE 2
ACCESS TO EVIDENCE O F A PERSON BEING INV ESTIGATED OR PROCEED ED AGAINST 3
THAT RELATES TO A MA TTER UNDER INVESTIGA TION OR IN QUESTION UNDER THIS 4
SECTION. 5
(E) (1) IF THERE IS A CHARGE OF AN UNFAIR LABOR P RACTICE 6
RESULTING FROM A PAR TY’S CONDUCT IN COLLECT IVE BARGAINING AND T HAT IS 7
ALLEGED TO HAVE AN E FFECT ON THE COURSE OF COLLECTIVE BARGAI NING: 8
(I) THE APPROPRIATE DEPU TY DIRECTOR SHALL DE TERMINE 9
WHETHER THERE IS PRO BABLE CAUSE FOR THE BOARD TO ISSUE A COMP LAINT; AND 10
(II) IF THE DEPUTY DIRECT OR DETERMINES THERE IS 11
PROBABLE CAUSE , THE BOARD SHALL ISSUE A C OMPLAINT WITHIN 30 DAYS AFTER 12
THE FILING OF THE CH ARGE. 13
(III) IF A COMPLAINT IS IS SUED, THE BOARD SHALL RESOLVE 14
THE COMPLAINT AND IS SUE A FINAL DECISI ON WITHIN 90 DAYS AFTER THE FILIN G 15
OF THE CHARGE . 16
(2) THE BOARD MAY ACCELERATE THE TIME TO RESOLVE CHARGES 17
AND COMPLAINTS IN EX IGENT CIRCUMSTANCES UNDER REGULATIONS AD OPTED BY 18
THE BOARD. 19
(F) (1) THE APPROPRIATE DEPUT Y DIRECTOR SHALL PROSECUTE ANY 20
CHARGE FOR WHICH THE BOARD HAS ISSUED A CO MPLAINT IN A HEARING BEFORE 21
PROVIDE RELEVANT INF ORMATION GATHERED IN THE INVESTIGATION OF A CHARGE 22
OR COMPLAINT OF UNFA IR LABOR PRACTICES T O THE BOARD OR AND THE OFFICE 23
OF ADMINISTRATIVE HEARINGS. 24
(2) (G) THE CHARGING PARTY HAS TH E RIGHT TO PARTICIPA TE IN 25
ANY HEARING BEFORE T HE BOARD OR THE OFFICE OF ADMINISTRATIVE 26
HEARINGS. 27
(G) (H) THE BOARD SHALL ACCEPT DO CUMENTS FILED BY E –MAIL. 28
21–308. 29
(A) IF A PERSON FAILS TO COMPLY WITH AN ORDER ISSUED BY THE BOARD, 30
A MEMBER OF THE BOARD MAY PETITION TH E CIRCUIT COURT TO O RDER THE 31
PERSON TO COMPLY WIT H THE BOARD’S ORDER. 32
40 HOUSE BILL 984
(B) THE BOARD MAY NOT BE REQU IRED TO POST BOND IN AN ACTION 1
UNDER SUBSECTION (A) OF THIS SECTION. 2
21–309. 3
(A) THE BOARD IS NOT BOUND BY ANY PRIOR REGULATION , ORDER, 4
ACTION, OPINION, OR DECISION OR ACTION OF THE STATE LABOR RELATIONS 5
BOARD, THE PUBLIC SCHOOL LABOR RELATIONS BOARD, OR THE STATE HIGHER 6
EDUCATION LABOR RELATIONS BOARD, EXCEPT FOR DECISIONS REGARDING U NIT 7
COMPOSITION UNDER § 21–401(C) § 21–403(C) OF THIS TITLE. 8
(B) THE BOARD IS BOUND BY PRI OR OPINIONS AND DECI SIONS OF A LABOR 9
BOARD LISTED UNDER S UBSECTION (A) OF THIS SECTION. 10
(B) (C) A PRIOR ORDER , ACTION, OPINION, OR DECISION OR ACTION OF A 11
LABOR BOARD LISTED UNDER S UBSECTION (A) OF THIS SECTION OR A NY OTHER 12
BODY MAY BE CONSIDER ED FOR ITS PERSUASIV E VALUE. 13
(C) (D) THE BOARD SHALL BE BOUND BY JUDICIAL ORDERS R EGARDING 14
THE SCOPE OF BARGAIN ING UNDER TITLE 6, SUBTITLES 4 AND 5 OF THE 15
EDUCATION ARTICLE. 16
SUBTITLE 4. ELECTIONS AND CERTIFICATION OF EXCLUSIVE REPRESENTATIVES . 17
21–401. 18
(A) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, THE BOARD 19
SHALL CONDUCT AN ELE CTION FOR AN EXCLUSI VE REPRESENTATIVE OF A 20
BARGAINING UNIT IF : 21
(1) A VALID PETITION IS FILED IN ACCORDANCE WITH § 21–402 OF 22
THIS SUBTITLE; AND 23
(2) THE BARGAINING UNIT INVOLVED IN THE PETI TION IS 24
DETERMINED TO BE AN APPROPRIATE BARGAINI NG UNIT UNDER § 21–403 OF THIS 25
SUBTITLE. 26
(B) THE BOARD MAY NOT CONDUCT AN ELECTION FOR AN E XCLUSIVE 27
REPRESENTATIVE OF A BA RGAINING UNIT IF THE BOARD HAS CONDUCTED A N 28
ELECTION OR CERTIFIE D AN EXCLUSIVE REPRE SENTATIVE FOR THAT B ARGAINING 29
UNIT WITHIN THE IMME DIATELY PRECEDING 12 MONTHS. 30
(C) (1) AN EXCLUSIVE REPRESEN TATIVE OR A BARGAINI NG UNIT IN 31
EXISTENCE ON JUNE 30, 2023: 32 HOUSE BILL 984 41
(I) SHALL CONTINUE WITHO UT THE REQUIREMENT O F AN 1
ELECTION AND CERTIFI CATION UNTIL A QUEST ION CONCERNING REPRE SENTATION 2
IS RAISED UNDER THIS TITLE; OR 3
(II) UNTIL THE BOARD FINDS THE UNIT NOT TO BE 4
APPROPRIATE AFTER CH ALLENGE BY TH E PUBLIC EMPLOYER , A MEMBER OF THE 5
UNIT, OR AN EMPLOYEE ORGAN IZATION. 6
(2) (I) THE APPROPRIATENESS O F THE UNIT MAY NOT B E 7
CHALLENGED UNTIL THE EXPIRATION OF ANY CO LLECTIVE BARGAINING 8
AGREEMENT IN EFFECT ON JUNE 30, 2023. 9
(II) THE BOARD MAY NOT MODI FY ANY BARGAINING UN IT 10
DETERMINED UNDER EXI STING LAW. 11
21–402. 12
(A) A PETITION FOR THE ELE CTION OF AN EXCLUSIV E REPRESENTATIVE OF 13
A BARGAINING UNIT MA Y BE FILED WITH THE BOARD BY: 14
(1) AN EMPLOYEE ORGANIZA TION SEEKING CERTIFI CATION AS AN 15
EXCLUSIVE REPRE SENTATIVE; OR 16
(2) AN EMPLOYEE , A GROUP OF EMPLOYEES , OR AN EMPLOYEE 17
ORGANIZATION SEEKING A NEW ELECTION TO DE TERMINE AN EXCLUSIVE 18
REPRESENTATIVE . 19
(B) A PETITION SHALL : 20
(1) CONTAIN THE INFORMAT ION THE BOARD REQUIRES ; AND 21
(2) BE ACCOMPANIED BY A SHOWING OF INTEREST F ORMS FROM 30% 22
OF THE EMPLOYEES IN THE APPROPRIATE UNIT INDICATING THEIR DES IRE TO BE 23
EXCLUSIVELY REPRESEN TED BY THE EXCLUSIVE REPRESENTATIVE NAMED IN THE 24
PETITION FOR THE PUR POSE OF COLLECTIVE B ARGAINING. 25
(C) IF THE BOARD DETERMINES THAT A REQUIRED SHOW ING OF INTEREST 26
IS NOT ADEQUATE , THE BOARD: 27
(1) SHALL ALLOW AT A MIN IMUM AN ADDITIONAL 30 DAYS FOR THE 28
PETITIONER TO SUBMIT ADDITIONAL SHOWING O F INTEREST FORMS AFT ER THE 29
PETITIONER IS NOTIFI ED OF THE DETERMINAT ION; AND 30
42 HOUSE BILL 984
(2) MAY, FOR GOOD CAUSE , PROVIDE ADDITIONAL T IME TO THE 1
PETITIONER TO PROVID E ADDITIONAL FORMS . 2
(D) IF A PETITION IS SUPP ORTED BY MORE THAN 50% OF THE PUBLIC 3
EMPLOYEES IN THE BAR GAINING UNIT , THE PUBLIC EMPLOYER SHALL 4
IMMEDIATELY RECOGNIZ E THE EMPLOYEE ORGAN IZATION AS THE EXCLUSIVE 5
REPRESENTATIVE AND A FFORD TO THE EXCLUSI VE REPRESENTATIVE AN D ITS 6
MEMBERS ALL RIGHTS D UE UNDER THIS TITLE . 7
(E) (1) A PETITION FILED UNDER SUBSECTION (A) OF THIS SECTION 8
SHALL INCLUDE SHOWIN G OF INTEREST FORMS PROVIDED TO THE BOARD FROM AN 9
EMPLOYEE ORGANIZATIO N. 10
(2) THE BOARD SHALL ACCEPT A SHOWING OF INTEREST FORM 11
WHETHER OR NOT THE S IGNATURES ON THE FOR M ARE ELECTRONIC OR 12
HANDWRITTEN . 13
(3) (I) FOR AN ELECTION THAT IS CONDUCTED TO DETE RMINE 14
WHETHER AN EXCLUSIVE REPRESENTATIVE SHOU LD REPRESENT A UNIT , A 15
SHOWING OF INTEREST FORM IS VALID IF THE SIGNATURES WERE COLL ECTED 16
WITHIN THE 18–MONTH PERIOD IMMEDIA TELY PRECEDING THE D ATE ON WHICH A 17
PETITION FOR THE ELE CTION IS FILED. 18
(II) FOR AN ELECTION THAT IS CONDUCTED TO DETE RMINE 19
WHETHER AN EXCLUSIVE REPR ESENTATIVE SHOULD NO LONGER REPRESENT A 20
UNIT, A SHOWING OF INTERES T FORM IS VALID IF T HE SIGNATURES WERE 21
COLLECTED WITHIN THE 90–DAY 9–MONTH PERIOD IMMEDIATELY P RECEDING THE 22
DATE ON WHICH THE PE TITION FOR ELECTION IS FILED. 23
(4) A SHOWING OF INTEREST FOR M MAY BE USED BY A P UBLIC 24
EMPLOYEE FOR EACH PU BLIC EMPLOYER THAT E MPLOYS THE PUBLIC EM PLOYEE. 25
(F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A PUBLIC 26
EMPLOYER SHALL PROVI DE TO THE BOARD AND THE EMPLOYE E ORGANIZATION AN 27
ALPHABETI CAL LIST OF PUBLIC E MPLOYEES IN EACH BAR GAINING UNIT WITHIN 2 28
DAYS AFTER A PETITIO N FOR AN ELECTION IS FILED. 29
(2) THE LIST REQUIRED TO BE PROVIDED UNDER PA RAGRAPH (1) OF 30
THIS SUBSECTION SHAL L: 31
(I) INCLUDE FOR EACH PUB LIC EMPLOYEE ON THE PAYROLL 32
FOR THE LAST PAY PERIOD BEFORE A PETITION FO R ELECTION IS FILED , THE 33
PUBLIC EMPLOYEE ’S: 34
HOUSE BILL 984 43
1. NAME; 1
2. POSITION CLASSIFICAT ION; 2
3. HOME AND WORK SITE A DDRESSES WHERE THE 3
EMPLOYEE RECEIVES IN TEROFFICE OR UNITED STATES MAIL; 4
4. HOME AND WORK SITE TELEPHONE NUMBE RS; 5
5. PERSONAL CELL PHONE NUMBER; AND 6
6. WORK E–MAIL ADDRESS ; AND 7
(II) IDENTIFY EACH PUBLIC EMPLOYEE THAT SHOULD BE 8
EXCLUDED AS AN ELIGI BLE VOTER WITH A STA TEMENT EXPLAINING TH E REASON 9
FOR THE EXCLUSION . 10
(3) A PUBLIC EMPLOYER MAY NOT CHAL LENGE THE ELIGIBILIT Y OF 11
A PUBLIC EMPLOYEE ’S VOTE IN AN ELECTIO N IF THE EMPLOYER FA ILS TO EXPLAIN 12
AS REQUIRED UNDER PA RAGRAPH (2) OF THIS SUBSECTION T HE REASON FOR 13
EXCLUDING A PUBLIC E MPLOYEE UNDER THIS S UBSECTION. 14
(4) ON APPLICATION BY A PUBLIC EMPLOYER OR AN EMPLOYEE 15
ORGANIZATION , THE BOARD MAY DETERMINE T HAT A PUBLIC EMPLOYE R SHALL BE 16
DESIGNATED AS A JOIN T PUBLIC EMPLOYER OF A PUBLIC EMPLOYEE WI THIN A 17
BARGAINING UNIT UNDE R THIS SUBTITLE WHEN THE DESIGNATION WOUL D BEST 18
EFFECTUATE TH E PURPOSES OF THIS T ITLE. 19
21–403. 20
(A) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, TITLE 6, 21
SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, TITLE 16, SUBTITLE 7 OF THE 22
EDUCATION ARTICLE, OR TITLE 3 OF THE STATE PERSONNEL AND PENSIONS 23
ARTICLE, THE BOARD SHA LL DETERMINE THE APP ROPRIATENESS OF EACH 24
BARGAINING UNIT . 25
(2) IF THERE IS NO DISPUT E ABOUT THE APPROPRI ATENESS OF THE 26
ESTABLISHMENT OF THE BARGAINING UNIT , THE BOARD SHALL ISSUE AN ORDER 27
DEFINING AN APPROPRI ATE BARGAINING UNIT . 28
(3) IF THERE IS A DISP UTE ABOUT THE APPROP RIATENESS OF THE 29
ESTABLISHMENT OF THE BARGAINING UNIT , THE BOARD SHALL: 30
(I) CONDUCT A HEARING ; AND 31 44 HOUSE BILL 984
(II) ISSUE AN ORDER DEFIN ING AN APPROPRIATE B ARGAINING 1
UNIT. 2
(B) IF THE APPROPRIATE BA RGAINING UNIT AS DET ERMINED BY THE 3
BOARD DIFFERS FROM THE BAR GAINING UNIT DESCRIB ED IN THE PETITION , THE 4
BOARD MAY: 5
(1) DISMISS THE PETITION ; OR 6
(2) DIRECT AN ELECTION I N THE APPROPRIATE BA RGAINING UNIT IF 7
AT LEAST 30% OF THE SIGNATURES IN CLUDED IN THE PETITI ON ARE OF EMPLOYEES 8
IN THE APPROPRIATE BARGAINI NG UNIT. 9
(C) A BARGAINING UNIT MAY CONSIST ONLY OF PUBL IC EMPLOYEES. 10
21–404. 11
EACH EMPLOYEE ORGANIZ ATION THAT SEEKS CER TIFICATION AS AN 12
EXCLUSIVE REPRESENTA TIVE SHALL FILE WITH THE BOARD: 13
(1) A COPY OF THE EMPLOY EE ORGANIZATION ’S GOVERNING 14
DOCUMENTS THAT : 15
(I) GIVE INDIVIDUAL MEMB ERS THE RIGHT TO PAR TICIPATE IN 16
ACTIVITIES OF THE OR GANIZATION; 17
(II) REQUIRE PERIODIC ELE CTIONS BY SECRET BAL LOT THAT 18
ARE CONDUCTED WITH R ECOGNIZED SAFEGUARDS TO ENSURE THE EQUAL RIGHTS 19
OF ALL MEMB ERS TO NOMINATE , SEEK OFFICE, AND VOTE IN THE ELEC TIONS; AND 20
(III) DIRECT FULL AND ACCU RATE ACCOUNTING OF A LL INCOME 21
AND EXPENSES USING S TANDARD ACCOUNTING M ETHODS; AND 22
(2) A CERTIFICATION THAT THE EMPLOYEE ORGANIZ ATION ACCEPTS 23
MEMBERS WITHOUT REGA RD TO ANY CHARACTERIS TIC LISTED IN § 21–201(D) OF 24
THIS TITLE. 25
21–405. 26
(A) (1) WITHIN 5 DAYS AFTER DETERMINI NG THAT A VALID PETI TION HAS 27
BEEN SUBMITTED UNDER § 21–402 OF THIS SUBTITLE , THE BOARD SHALL NOTIFY 28
INTERESTED EMPLOYEE ORGANIZATIONS OF THE PENDING ELECTION PETITION . 29
HOUSE BILL 984 45
(2) WITHIN 10 DAYS AFTER DETERMINI NG THAT A VALID PETI TION 1
HAS BEEN SUBMITTED U NDER § 21–402 OF THIS SUBTITLE, THE PUBLIC EMPLOYER , 2
AS APPROPRIATE , SHALL MAKE AVAILABLE TO ALL INTERESTED EM PLOYEE 3
ORGANIZATIONS REASON ABLE AND EQUIVAL ENT MEANS TO COMMUNI CATE BY MAIL 4
AND IN PERSON WITH E ACH EMPLOYEE IN THE APPROPRIATE BARGAINI NG UNIT FOR 5
THE PURPOSE OF SOLIC ITING THE EMPLOYEE ’S VOTE IN AN ELECTIO N HELD UNDER 6
THIS SECTION. 7
(B) AN ELECTION SHALL BE HELD IN A BARGAINING UNIT WITHIN 90 DAYS 8
AFTER THE FILING OF A VALID PETITION FOR ELECTION IN THE BARG AINING UNIT 9
IN ACCORDANCE WITH G UIDELINES ESTABLISHE D BY THE BOARD. 10
(C) (1) (I) THE BOARD SHALL CONDUCT T HE ELECTION: 11
1. BY SECRET BALLOT ; AND 12
2. SUBJECT TO SUBPARAGR APH (II) OF THIS 13
PARAGRAPH , IN WHOLE OR IN PART BY IN–PERSON VOTING , MAIL, OR AN 14
ELECTRONIC VOTING SY STEM. 15
(II) THE BOARD MAY DESIGNATE T HE TIME PERIOD FOR 16
IN–PERSON VOTING UNDER SUBPARAGRAPH (III) OF THIS PARAGRAPH ON LY AFTER 17
CONSULTING WITH THE PUBLIC EMPLOYER AND EMPLOYEE ORGANIZ ATIONS ON THE 18
BALLOT. 19
(III) 1. THE BOARD SHALL ALLOW AT LEAST 10 DAYS OF 20
VOTING FOR AN ELECTI ON CONDUCTED UNDER S UBPARAGRAPH (I) OF THIS 21
PARAGRAPH , UNLESS AN EMPLOYEE O RGANIZATION ON THE B ALLOT REQUESTS AN 22
EXTENSION. 23
2. IF THE VOTING SYSTEM IS INO PERABLE, THE BOARD 24
MAY EXTEND THE TIME PERIOD FOR VOTING . 25
(2) (I) AN EMPLOYEE ORGANIZAT ION ON A BALLOT MAY REQUEST 26
A PREFERRED METHOD O F VOTING AT THE TIME A PETITION FOR ELECT ION IS FILED 27
WITH THE BOARD. 28
(II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS 29
PARAGRAPH , THE BOARD SHALL DESIGNATE THE METHOD OF VOTING BASED ON 30
THE REQUESTS OF THE EMPLOYEE ORGANIZATIO NS ON THE BALLOT . 31
(III) IF THERE IS A DISPUTE BETWEEN TWO OR MORE EMPLOYEE 32
ORGANIZATIONS ON THE BALLOT OVER THE MET HOD OF VOTING , THE BOARD MAY 33
DESIGNATE THE METHOD OF VOTING. 34 46 HOUSE BILL 984
(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 FILED 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 INCLUDE S THE SIGNATURES 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 RECEIV ES A MAJORITY OF THE 12
VOTES CAST IN AN ELE CTION, THE BOARD SHALL CONDUCT A RUNOFF ELE CTION 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 A S EXCLUSIVE REPRESEN TATIVE THE EMPLOYEE 18
ORGANIZATION RECEIVING THE VOTES IN AN ELECTION FROM A MAJORITY 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 EXCLUSIV E REPRESENTATIVE OF AN 22
EMPLOYEE ORGANIZATIO N FOR WILLFUL FAILURE TO COMPLY WI TH THIS 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 REPRESENTATIVE ; AND 31
HOUSE BILL 984 47
(3) NO OTHER EMPLOYEE OR GANIZATION IS CURRENTLY CE RTIFIED 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 ELECTION UND ER THIS SUBTITLE ARE NOT SUBJECT TO DISCL OSURE IN 5
ACCORDANCE WI TH 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 WRITTEN 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 PUBLI C EMPLOYER AND THE E MPLOYEE ORGANIZATION TO 20
THE RESULT. 21
21–502. 22
(A) THIS SECTION APPLIES TO EMPLOYEE ORGANIZATIO NS EXCLUSIVE 23
REPRESENTATIVES THAT REPRESENT PUBLI C EMPLOYEES ENTITLED TO USE THE 24
GRIEVANCE AND APPEAL PROCEDURES ESTABLIS HED 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
48 HOUSE BILL 984
(B) IF MEMBERS OF AN EMPLOYEE ORGANIZATION REPRESENTATIVE 1
REPRESENTS PUBLIC EM PLOYEES WHO ARE ENTITLED TO RAIS E GRIEVANCES OF 2
PUBLIC EMPLOYER ACTI ONS UNDER THE GRIEVA NCE AND APPEAL PROCE DURES 3
ESTABLISHED UNDER A PROVISION OF LAW LIS TED UNDER SUBSECTION (A) OF THIS 4
SECTION, THE GRIEVANCE AND AP PEAL PROCEDURES SHAL L SERVE AS THE 5
PROCEDURE FOR THE RE SOLUTION OF DISPUTES REGARDING THE TERMS AND 6
APPLICATION OF MEMOR ANDA OF UNDERSTANDIN G, NEGOTIATED AGREEMENT S, 7
OR OTHER FINAL WRITT EN AGREEMENTS , TO WHICH EMPLOYEE ORGANIZATIONS 8
ARE THE EXCLUSIVE REPRES ENTATIVE IS A PARTY. 9
(C) AN EXCLUSIVE REPRESEN TATIVE MAY GRIEVE AL LEGED VIOLATIONS 10
OF A MEMORANDUM OF U NDERSTANDING , NEGOTIATED AGREEMENT , OR OTHER 11
FINAL WRITTEN AGREEM ENT, AS THE REAL PARTY IN INTEREST UNDER A 12
GRIEVANCE PROCEDURE ES TABLISHED UNDER A PR OVISION OF LAW LISTE D UNDER 13
SUBSECTION (A) OF THIS SECTION. 14
(D) THE OFFICE OF ADMINISTRATIVE HEARINGS SHALL HAVE 15
JURISDICTION TO RESO LVE ANY DISPUTE REGA RDING A MEMORANDUM O F 16
UNDERSTANDING , NEGOTIATED AGREEMENT , OR OTHER FINAL WRITTEN 17
AGREEMENT , WHEN GRIEVED THROUGH A GRIEVANCE PROCEDUR E CITED IN 18
SUBSECTION (A) OF THIS SECTION. 19
SUBTITLE 6. SHORT TITLE. 20
21–601. 21
THIS TITLE MAY BE CIT ED AS THE MARYLAND PUBLIC EMPLOYEE RELATIONS 22
ACT. 23
Article – State Personnel and Pensions 24
3–101. 25
(a) In this title the following words have the meanings indicated. 26
(b) “Board” means[: 27
(1) with regard to any matter relating to employees of any of the units of 28
State government described in § 3–102(a)(1)(i) through (iv) and (vi) through (xii) of this 29
subtitle and employees described in § 3–102(a)(2) and (3) of this subtitle, the State Labor 30
Relations Board; and 31
(2) with regard to any matter relating to employees of any State institution 32
of higher education described in § 3–102(a)(1)(v) of this subtitle, the State Higher Education 33
Labor Relations Board] THE PUBLIC EMPLOYEE RELATIONS BOARD. 34 HOUSE BILL 984 49
(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
50 HOUSE BILL 984
(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 HOUSE BILL 984 51
(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 10
SUBJECT TO THIS TITL E ARE SUBJECT TO THE P ROVISIONS OF TITLE 21 OF THE 11
STATE GOVERNMENT ARTICLE. 12
(D) (1) SUBJECT TO TITLE 21, SUBTITLE 4 OF THE STATE GOVERNMENT 13
ARTICLE, A BARGAINING UNIT SH ALL CONSIST ONLY OF EMPLOYEES DEFINED IN 14
REGULATIONS ADOPTED BY THE SECRETARY AND NOT SPE CIFICALLY EXCLUDED B Y 15
SUBSECTION (B) OF THIS SECTION. 16
(2) (I) EACH SYSTEM INSTITUTI ON, MORGAN STATE UNIVERSITY, 17
ST. MARY’S COLLEGE OF MARYLAND, AND BALTIMORE CITY COMMUNITY COLLEGE 18
SHALL HAVE SEPARATE BARGAINING UNITS . 19
(II) APPROPRIATE BARGAININ G UNITS SHALL CONSIS T OF: 20
1. ALL ELIGIBLE NONEXEM PT EMPLOYEES , AS 21
DESCRIBED IN THE FED ERAL FAIR LABOR STANDARDS ACT, EXCEPT ELIGIBLE 22
SWORN POLICE OFFICER S; 23
2. ALL ELIGIBLE EXEMPT EMPLOYEES, AS DESCRIBED IN 24
THE FEDERAL FAIR LABOR STANDARDS ACT; AND 25
3. ALL ELIGIBLE SWORN P OLICE OFFICERS . 26
(3) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 27
PARAGRAPH , THE SECRETARY OR THE SECRETARY’S DESIGNEE SHALL HAV E THE 28
AUTHORITY TO ASSIGN CLASSIFICATION TITLE S AND POSITIONS TO B ARGAINING 29
UNITS AS APPROPRIATE . 30
52 HOUSE BILL 984
(II) THE FOLLOWING INDIVID UALS AND ENTITIES SH ALL 1
ASSIGN CLASSIFICATIO N TITLES AND POSITIO NS TO BARGAINING UNITS 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 SEPARATE BARGA INING UNIT. 14
3–501. 15
(e) (1) [Negotiations] EXCEPT AS PROVIDED IN PARAGRAPH (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
HOUSE BILL 984 53
(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
54 HOUSE BILL 984
(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 FURTH ER ENACTED, That this Act shall take effect July 13
1, 2023. 14
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.