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.
Italics indicate opposite chamber/conference committee amendments.
*hb0984*
HOUSE BILL 984
P4, F5 (3lr1214)
ENROLLED BILL
— Appropriations/Finance and Education, Energy, and the Environment —
Introduced by Delegates J. Lewis, Acevero, Forbes, Harris, Reznik, Smith, and
Solomon
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Gov ernor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
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 2 HOUSE BILL 984
BY repealing 1
Article – Education 2
Section 6–403, 6–406, 6–407, 6–407.2, 6–409 through 6–411, 6–504, 6–506, 6–507, 3
6–509, 6–509.2, and 6–512 through 6–514; 6–801 through 6–807 and the 4
subtitle “Subtitle 8. Public School Labor Relations Board”; and 16–704 5
through 16–706, 16–710, 16–712, 16–714, and 16–715 6
Annotated Code of Maryland 7
(2022 Replacement Volume) 8
BY repealing 9
Article – State Personnel and Pensions 10
Section 3–201 through 3–209 and the subtitle “Subtitle 2. State Labor Relations 11
Board”; 3–2A–01 through 3–2A–09 and the subtitle “Subtitle 2A. State Higher 12
Education Labor Relations Board”; 3–301 through 3–307 and the subtitle 13
“Subtitle 3. Rights of Employees and Employers; Strikes, Lockouts, and 14
Unfair Labor Practices Prohibited”; and 3–401 through 3–407 and the subtitle 15
“Subtitle 4. Election and Certification of Exclusive Representative” 16
Annotated Code of Maryland 17
(2015 Replacement Volume and 2022 Supplement) 18
BY renumbering 19
Article – Education 20
Section 6–404, 6–405, 6–407.1, 6–408, 6–408.1, 6–505, 6–508, 6–509.1, 6–510, 21
16–707, 16–708, 16–709, 16–711, and 16–713 22
to be Section 6–403, 6–404, 6–405, 6–406, 6–407, 6–504, 6–505, 6–506, 6–507, 23
16–704, 16–705, 16–706, 16–707, and 16–708, respectively 24
Annotated Code of Maryland 25
(2022 Replacement Volume) 26
BY repealing and reenacting, with amendments, 27
Article – Education 28
Section 2–205(e)(4), 6–401, 6–402, 6–501, 6–503, 9.5–703(c)(2) and (3), 16–701, 29
16–702, and 16–703 30
Annotated Code of Maryland 31
(2022 Replacement Volume) 32
BY repealing and reenacting, with amendments, 33
Article – Education 34
Section 6–403, 6–404, 6–406(c)(3), 6–405, 6–504, 6–505, 6–507(c)(3), 6–506, and 35
16–708 36
Annotated Code of Maryland 37
(2022 Replacement Volume) 38
(As enacted by Section 3 of this Act) 39
BY repealing and reenacting, with amendments, 40
Article – Health – General 41 HOUSE BILL 984 3
Section 15–903(c)(2) and (3) 1
Annotated Code of Maryland 2
(2019 Replacement Volume and 2022 Supplement) 3
BY adding to 4
Article – State Government 5
Section 21–101 through 21–601 to be under the new title “Title 21. Public Employee 6
Relations” 7
Annotated Code of Maryland 8
(2021 Replacement Volume and 2022 Supplement) 9
BY repealing and reenacting, with amendments, 10
Article – State Personnel and Pensions 11
Section 3–101, 3–501(e), and 3–502 12
Annotated Code of Maryland 13
(2015 Replacement Volume and 2022 Supplement) 14
BY adding to 15
Article – State Personnel and Pensions 16
Section 3–102(c) and (d) 17
Annotated Code of Maryland 18
(2015 Replacement Volume and 2022 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That Section(s) 6–403, 6–406, 6–407, 6–407.2, 6–409 through 6–411, 6–504, 6–506, 6–507, 21
6–509, 6–509.2, 6–512 through 6–514; 6–801 through 6–807 and the subtitle “Subtitle 8. 22
Public School Labor Relations Board”; and 16–704 through 16–706, 16–710, 16–712, 23
16–714, and 16–715 of Article – Education of the Annotated Code of Maryland be repealed. 24
SECTION 2 AND BE IT FURTHER ENACTED, That Section(s) 3 –201 through 25
3–209 and the subtitle “Subtitle 2. State Labor Relations Board”; 3–2A–01 through 26
3–2A–09 and the subtitle “Subtitle 2A. State Higher Education Labor Relations Board”; 27
3–301 through 3–307 and the subtitle “Subtitle 3. Rights of Employees and Employers; 28
Strikes, Lockouts, and Unfair Labor Practices Prohibited”; and 3–401 through 3–407 and 29
the subtitle “Subtitle 4. Election and Certification of Exclusive Representative” of Article – 30
State Personnel and Pensions of the Annotated Code of Maryland be repealed. 31
SECTION 3. AND BE IT FURTHER ENACTED, That Section(s) 6 –404, 6–405, 32
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, 33
and 16–713 of Article – Education of the Annotated Code of Maryland be renumbered to be 34
Section(s) 6–403, 6–404, 6–405, 6–406, 6–407, 6–504, 6–505, 6–506, 6–507, 16–704, 16–705, 35
16–706, 16–707, and 16–708, respectively. 36
SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 37
as follows: 38
Article – Education 39 4 HOUSE BILL 984
2–205. 1
(e) (4) (i) The Public [School Labor] EMPLOYEE Relations Board shall 2
decide any controversy or dispute arising under Title 6, Subtitle 4 or Subtitle 5 of this 3
article. 4
(ii) A decision of the Public [School Labor] EMPLOYEE Relations 5
Board is final. 6
6–401. 7
(a) In this subtitle the following words have the meanings indicated. 8
(b) “Board” means the Public [School Labor] EMPLOYEE Relations Board 9
[established under Subtitle 8 of this title]. 10
(b–1) “Day” means a calendar day unless otherwise indicated. 11
(c) “Employee organization” [means an organization that: 12
(1) Includes certificated employees of a public school employer or 13
individuals of equivalent status in Baltimore City; and 14
(2) Has as one of its main purposes the representation of the employees in 15
their relations with that public school employer] HAS THE MEANING STAT ED IN § 21–101 16
OF THE STATE GOVERNMENT ARTICLE. 17
(d) (1) “Home and hospital teacher” means a teacher employed by a public 18
school employer to provide instructional services to a public school student who is unable 19
to function effectively in the classroom setting due to the student’s medical, physical, or 20
emotional condition. 21
(2) A home and hospital teacher may teach in: 22
(i) A private home; 23
(ii) A hospital; 24
(iii) A therapeutic center; 25
(iv) A school; or 26
(v) Any other appropriate site. 27
HOUSE BILL 984 5
(d–1) “New employee processing” means the process for a newly hired public school 1
employee, whether in person, online, or through other means, in which new employees are 2
advised of their employment status, rights, benefits, duties, responsibilities, and other 3
employment–related matters. 4
(e) (1) “Public school employee” means a certificated professional individual 5
who is employed by a public school employer or an individual of equivalent status in 6
Baltimore City, except for a county superintendent or an individual designated by the 7
public school employer to act in a negotiating capacity as provided in § 6–408(c) of this 8
subtitle. 9
(2) In Montgomery County, “public school employees” include: 10
(i) Certificated and noncertificated substitute teachers employed by 11
the public school employer for at least 7 days before March 1 of the school fiscal year ending 12
June 30, 1978, and each year after; and 13
(ii) Home and hospital teachers employed by the public school 14
employer for at least 7 days before March 1 of the school fiscal year ending June 30, 2000, 15
and each year after. 16
(3) In Baltimore County, “public school employee” includes a secondary 17
school nurse, an elementary school nurse, and a special school nurse. 18
(4) In Frederick County, “public school employee” includes a social worker 19
employed by a public school employer. 20
(5) In Prince George’s County, “public school employee” includes home and 21
hospital teachers and Junior Reserve Officer Training Corps (JROTC) instructors. 22
(6) In Baltimore County, Calvert County, Charles County, and Garrett 23
County, “public school employee” includes Junior Reserve Officer Training Corps (JROTC) 24
instructors. 25
(7) In Carroll County, “public school employee” includes: 26
(i) A registered nurse; 27
(ii) Supervisory noncertificated employees as defined under § 28
6–501(i) of this title; and 29
(iii) Junior Reserve Officer Training Corps (JROTC) instructors. 30
(f) “Public school employer” means a county board of education or the Baltimore 31
City Board of School Commissioners. 32
6–402. 33 6 HOUSE BILL 984
(a) Public school employees may form, join, and participate in the activities of 1
employee organizations of their own choice for the purpose of being represented on all 2
matters that relate to salaries, wages, hours, and other working conditions. 3
[(b) An employee organization may establish reasonable: 4
(1) Restrictions as to who may join; and 5
(2) Provisions for the dismissal of individuals from membership.] 6
(B) PUBLIC SCHOOL EMPLOYE ES, PUBLIC SCHO OL EMPLOYERS , AND 7
EXCLUSIVE REPRESENTA TIVES ARE SUBJECT TO THE PROVISIONS OF TITLE 21 OF 8
THE STATE GOVERNMENT ARTICLE. 9
6–403. 10
(a) [Each public school employer shall designate, as provided in this subtitle, 11
which employee organization, if any, shall be the exclusive representative of all public 12
school employees in a specified unit in the county. 13
(b) (1) Except as provided in paragraph (2) of this subsection, the public school 14
employer shall determine the composition of the unit in negotiation with any employee 15
organization that requests negotiation concerning the composition of the unit. 16
(2)] In St. Mary’s County, licensed registered school nurses, Junior Reserve 17
Officers’ Training Corps (JROTC) teachers, and supervisory noncertificated employees of 18
the public school employer shall be included in the unit. 19
[(c)] (B) (1) There may not be more than two units in a county. 20
(2) In Baltimore County, one of the units shall consist of employees who 21
are administrative and supervisory certificated employees. The second unit shall consist of 22
all other public school employees as defined under § 6–401(e)(1) and (3) of this subtitle. 23
[(d)] (C) All eligible public school employees shall: 24
(1) Be included in one of these units; and 25
(2) Have the rights granted in this subtitle AND TITLE 21 OF THE STATE 26
GOVERNMENT ARTICLE. 27
6–404. 28
(a) [The designation of an employee organization as an exclusive representative 29
shall be made as provided in this section. 30 HOUSE BILL 984 7
(b) If an employee organization certifies to the public school employer that it has 1
a membership enrollment of at least 30 percent of the total number of public school 2
employees in a specified unit in a county as of June 1 of the year in which certification is 3
made, this certification is a request for recognition as exclusive representative of all public 4
school employees in the specified unit in the county. 5
(c) If another employee organization certifies that it has a membership 6
enrollment of at least 10 percent of the total number of public school employees in the unit 7
as of the same June 1, an election shall be held in which the public school employees in the 8
unit shall be offered the opportunity to choose: 9
(1) One of the employee organizations as the exclusive representative of all 10
public school employees in the unit; or 11
(2) Not to have exclusive representation. 12
(d) If 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
on the request of the employee organization under subsection (b) of this section, an election 15
shall be held and the ballot shall offer a choice between: 16
(1) Exclusive representation by the organization; and 17
(2) Not to have exclusive representation. 18
(e) The public school employer shall designate the employee organization 19
described in subsection (b) of this section as the exclusive representative of all public school 20
employees in the specified unit in a county if: 21
(1) No other employee organization certifies that it has a membership 22
enrollment of at least 10 percent of the total number of public school employees in the unit; 23
(2) The employee organization does not request an election under 24
subsection (d) of this section; and 25
(3) The employee organization certifies that it has a membership 26
enrollment of the majority of the public school employees in the unit in the county. 27
(f) (1) The Board shall adopt rules and regulations for: 28
(i) Verifying the number of certificated employees of the public 29
school employer or individuals of equivalent status in Baltimore City who are members in 30
good standing of an employee organization on the date of the certification or who have 31
signed a petition under this section; and 32
8 HOUSE BILL 984
(ii) Holding elections under this section and the certification of their 1
results. 2
(2) The Board shall provide for supervision of these elections. 3
(3) The elections] AN ELECTION HELD UNDE R TITLE 21, SUBTITLE 4 4
OF THE STATE GOVERNMENT ARTICLE shall be held: 5
[(i)] (1) In each school facility where public employees are 6
assigned on a regularly scheduled school day; 7
[(ii)] (2) In a manner assuring the secrecy of the ballot; and 8
[(iii)] (3) On a regular working day for public school employees, 9
between June 1 and June 15, inclusive, except in Baltimore City where the elections shall 10
be held between November 1 and November 15 following the date on which certification of 11
required membership enrollment is made. 12
[(4) In any election held under this section, the employee organization that 13
receives the largest number of votes cast in a unit shall be declared to be the exclusive 14
representative of all public school employees in the unit. If the largest number of votes in 15
the election is cast not to have exclusive representation, a representative may not be 16
designated for the unit. 17
(5)] (B) The public school employer shall provide any assistance required 18
in holding the elections. 19
6–405. 20
(a) (1) (i) Each public school employer shall provide the exclusive 21
representative access to new employee processing. 22
(ii) Except as provided in subparagraph (iii) of this paragraph, the 23
public school employer shall provide the exclusive representative at least 10 days’ notice in 24
advance of a new employee processing. 25
(iii) The public school employer may provide the exclusive 26
representative with less than 10 days’ notice if there is an urgent need critical to the public 27
school employer’s new employee processing that was not reasonably foreseeable. 28
(2) (i) The structure, time, and manner of the access required in 29
paragraph (1) of this subsection shall be determined through negotiations between the 30
public school employer and the exclusive representative in accordance with [§ 6–408] § 31
6–406 of this subtitle. 32
HOUSE BILL 984 9
(ii) When negotiating access to new employee processing under 1
subparagraph (i) of this paragraph, if any dispute has not been resolved within 45 days 2
after the first meeting of the public school employer and the exclusive representative, or 3
within 60 days after an initial request to negotiate, whichever occurs first, either party may 4
request that the Board declare an impasse under [§ 6–408(e)] § 6–406(E) of this subtitle. 5
(iii) In an impasse proceeding under [§ 6–408(e)] § 6–406(E) of this 6
subtitle, the mediator or Board shall consider: 7
1. The ability of the exclusive representative to communicate 8
with the public school employees it represents; 9
2. The legal obligations of the exclusive representative to the 10
public school employees; 11
3. Applicable State, federal, and local laws; 12
4. Any stipulations of the parties; 13
5. The interests and welfare of the public school employees 14
and the financial condition of the public school employer; 15
6. The structure, time, and manner of access of an exclusive 16
representative to new employee processing in comparable public school employers, 17
including the access provisions in other memoranda of understanding or collective 18
bargaining agreements; and 19
7. Any other facts routinely considered in establishing the 20
structure, time, and manner of access of an exclusive representative to new employee 21
processing. 22
(3) (i) A request to negotiate under paragraph (2) of this subsection 23
made between July 1, 2018, and the expiration date of an existing collective bargaining 24
agreement between the parties shall reopen the existing collective bargaining agreement 25
only for the purpose of negotiating the access of the exclusive representative to the public 26
school employer’s new employee processing. 27
(ii) Either party may elect to negotiate a separate agreement on the 28
access of the exclusive representative to the public school employer’s new employee 29
processing in lieu of reopening the existing collective bargaining agreement. 30
(b) This section does not prohibit a public school employer and an exclusive 31
representative from negotiating access to new employee processing that varies from the 32
requirements of this section. 33
(c) Nothing in this section shall abrogate existing collective bargaining 34
agreements between public school employers and exclusive representatives. 35 10 HOUSE BILL 984
6–406. 1
(c) (3) A public school employer may not negotiate the school calendar[, the 2
maximum number of students assigned to a class,] or any matter that is precluded by 3
applicable statutory law. 4
6–501. 5
(a) In this subtitle the following words have the meanings indicated. 6
(b) “Board” means the Public [School Labor] EMPLOYEE Relations Board 7
[established under Subtitle 8 of this title]. 8
(c) “Confidential employee” includes an individual whose employment 9
responsibilities require knowledge of the public school employer’s posture in the collective 10
negotiation process, as determined by the public school employer in negotiations with an 11
employee organization that requests negotiation on this issue. 12
(c–1) “Day” means a calendar day unless otherwise indicated. 13
(d) “Employee organization” [means an organization that: 14
(1) Includes noncertificated employees of a public school employer; and 15
(2) Has as one of its main purposes the representation of the employees in 16
their relations with that public school employer] HAS THE MEANING STAT ED IN § 21–101 17
OF THE STATE GOVERNMENT ARTICLE. 18
(e) [“Management personnel”] “MANAGERIAL EMPLOYEE ” includes an 19
individual who is engaged mainly in executive and managerial functions. 20
(e–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
(f) “Noncertificated employee”, in Montgomery County, means only a full–time 25
employee. 26
(g) (1) “Public school employee” means a noncertificated individual who is 27
employed for at least 9 months a year on a full–time basis by a public school employer. 28
(2) “Public school employee” includes a noncertificated employee in 29
Baltimore City notwithstanding that the noncertificated employee does not work for at 30
least 9 months a year on a full–time basis. 31 HOUSE BILL 984 11
(3) “Public school employee” does not include: 1
(i) [Management personnel] A MANAGERIAL EMPLOYEE ; OR 2
(ii) A confidential employee[; or 3
(iii) Any individual designated by the public school employer to act in 4
a negotiating capacity as provided in § 6–510(c) of this subtitle]. 5
(h) (1) “Public school employer” means the county board in each county. 6
(2) “Public school employer” includes the Baltimore City Board of School 7
Commissioners. 8
(i) “Supervisory employee” includes any individual who responsibly directs the 9
work of other employees. 10
6–503. 11
(a) Public school employees may form, join, and participate in the activities of 12
employee organizations of their own choice for the purpose of being represented on all 13
matters that relate to salaries, wages, hours, and other working conditions. 14
[(b) An employee organization may establish reasonable restrictions as to who 15
may join and reasonable provisions for the dismissal of individuals from membership, 16
except that these restrictions and provisions may not discriminate with regard to the terms 17
or conditions of membership because of race, color, marital status, creed, sex, age, or 18
national origin.] 19
(B) PUBLIC SCHOOL EMPLOYE ES, PUBLIC SCHOOL EMPLOY ERS, AND 20
EXCLUSIVE REPRESENTA TIVES ARE SUBJECT TO THE PROVISIONS OF TITLE 21 OF 21
THE STATE GOVERNMENT ARTICLE. 22
6–504. 23
(a) [(1) Each public school employer may designate, as provided in this subtitle, 24
which employee organization, if any, shall be the exclusive representative of all public 25
school employees in a specified unit in the county. 26
(2) In Baltimore City, Garrett County, and Frederick County, the public 27
school employer shall designate, as provided in this subtitle, which employee organization, 28
if any, shall be the exclusive representative of all public school employees in a specified unit 29
in the county. 30
12 HOUSE BILL 984
(b) The public school employer shall determine the composition of the unit in 1
negotiation with any employee organization that requests negotiation concerning the 2
composition of the unit. 3
(c)] (1) Except as provided in paragraphs (3) and (5) of this subsection, there 4
may not be more than three units in a county and a unit may not include both supervisory 5
and nonsupervisory employees. 6
(2) If a county has more than three recognized units and, as of July 1, 1974, 7
the units have exclusive representation for collective negotiations, these units may 8
continue as negotiating units. 9
(3) In Baltimore County, there shall be three units, including one unit of 10
supervisory employees as defined in § 6–501(i) of this subtitle. 11
(4) In Carroll County, beginning on October 1, 2007: 12
(i) There shall be no more than three units; and 13
(ii) All units shall be nonsupervisory units. 14
(5) In Baltimore City, the public school employer may designate a fourth 15
unit composed of all Baltimore City school police officers, as defined in § 4–318 of this 16
article, up to and including the rank of lieutenant. 17
[(d) (1)] (B) All eligible public school employees shall: 18
[(i)] (1) Be included in one of these units; and 19
[(ii)] (2) Have the rights granted in this subtitle. 20
[(2) Except for an individual who is designated as management personnel 21
or a confidential employee under this subtitle, each public school employee is eligible for 22
membership in one of the negotiating units.] 23
6–505. 24
(a) Employee organizations recognized by the public school employer as the 25
exclusive representative of all public school employees in a specified unit on July 1, 1978 26
shall continue to be the exclusive representative[: 27
(1) For the rest of the 2–year initial period as provided by § 6–507 of this 28
subtitle; and 29
HOUSE BILL 984 13
(2) Beyond the 2–year period until another election is held as provided 1
under § 6–507 of this subtitle] SUBJECT TO TITLE 21, SUBTITLE 4 OF THE STATE 2
GOVERNMENT ARTICLE. 3
(b) Any collective negotiation agreement that has been entered into by an 4
exclusive representative and a public employer as of July 1, 1978 shall continue in effect 5
for the term of the agreement. 6
6–506. 7
(a) (1) (i) Each public school employer shall provide the exclusive 8
representative access to new employee processing. 9
(ii) Except as provided in subparagraph (iii) of this paragraph, the 10
public school employer shall provide the exclusive representative at least 10 days’ notice in 11
advance of a new employee processing. 12
(iii) The public school employer may provide the exclusive 13
representative with less than 10 days’ notice if there is an urgent need critical to the public 14
school employer’s new employee processing that was not reasonably foreseeable. 15
(2) (i) The structure, time, and manner of the access required in 16
paragraph (1) of this subsection shall be determined through negotiations between the 17
public school employer and the exclusive representative in accordance with [§ 6–510] § 18
6–507 of this subtitle. 19
(ii) When negotiating access to new employee processing under 20
subparagraph (i) of this paragraph, if any dispute has not been resolved within 45 days 21
after the first meeting of the public school employer and the exclusive representative, or 22
within 60 days after an initial request to negotiate, whichever occurs first, either party may 23
request that the Board declare an impasse under [§ 6–510(e)] § 6–507(E) of this subtitle. 24
(iii) In an impasse proceeding under [§ 6–510(e)] § 6–507(E) of this 25
subtitle, the mediator or Board shall consider: 26
1. The ability of the exclusive representative to communicate 27
with the public school employees it represents; 28
2. The legal obligations of the exclusive representative to the 29
public school employees; 30
3. Applicable State, federal, and local laws; 31
4. Any stipulations of the parties; 32
14 HOUSE BILL 984
5. The interests and welfare of the public school employees 1
and the financial condition of the public school employer; 2
6. The structure, time, and manner of access of an exclusive 3
representative to new employee processing in comparable public school employers, 4
including the access provisions in other memoranda of understanding or collective 5
bargaining agreements; and 6
7. Any other facts routinely considered in establishing the 7
structure, time, and manner of access of an exclusive representative to new employee 8
processing. 9
(3) (i) A request to negotiate under paragraph (2) of this subsection 10
made between July 1, 2018, and the expiration date of an existing collective bargaining 11
agreement between the parties shall reopen the existing collective bargaining agreement 12
only for the purpose of negotiating the access of the exclusive representative to the public 13
school employer’s new employee processing. 14
(ii) Either party may elect to negotiate a separate agreement on the 15
access of the exclusive representative to the public school employer’s new employee 16
processing in lieu of reopening the existing collective bargaining agreement. 17
(b) This section does not prohibit a public school employer and an exclusive 18
representative from negotiating access to new employee processing that varies from the 19
requirements of this section. 20
(c) Nothing in this section shall abrogate existing collective bargaining 21
agreements between public school employers and exclusive representatives. 22
6–507. 23
(c) (3) A public school employer may not negotiate the school calendar[, the 24
maximum number of students assigned to a class,] or any matter that is precluded by 25
applicable statutory law. 26
9.5–703. 27
(c) (2) All elections shall be conducted by the [State Labor] PUBLIC 28
EMPLOYEE Relations Board and subject to the requirements and limitations of [Title 3, 29
Subtitle 4 of the State Personnel and Pensions Article] TITLE 21, SUBTITLE 4 OF THE 30
STATE GOVERNMENT ARTICLE. 31
(3) The [State Labor] PUBLIC EMPLOYEE Relations Board may not 32
conduct an election for an exclusive representative if an election or certification of an 33
exclusive representative has taken place within the preceding 2 years. 34
HOUSE BILL 984 15
16–701. 1
(a) In this subtitle the following words have the meanings indicated. 2
(b) “Agreement” means a written contract between a public employer and an 3
employee organization. 4
(c) “Arbitration” means a procedure by which parties involved in a grievance 5
submit their differences to an impartial third party for a final and binding decision. 6
(d) “Board” means the [State Higher Education Labor] PUBLIC EMPLOYEE 7
Relations Board. 8
(e) “Collective bargaining” has the meaning stated in § 3–101(c) § 3–101(D) of 9
the State Personnel and Pensions Article. 10
(f) “Confidential employee” [means a public employee whose unrestricted access 11
to personnel, budgetary, or fiscal data subject to use by the public employer in collective 12
bargaining, or whose close, continuing working relationship with those responsible for 13
negotiating on behalf of the public employer, would make the employee’s membership in an 14
employee organization as a rank and file employee incompatible with the employee’s 15
duties] HAS THE MEANING STAT ED IN § 21–101 OF THE STATE GOVERNMENT 16
ARTICLE. 17
(g) “Employee organization” [means a labor organization of public employees that 18
has as one of its primary purposes representing those employees in collective bargaining] 19
HAS THE MEANING STAT ED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE. 20
(h) “Exclusive representative” [means an employee organization that has been 21
certified by the Board as representing the employees of a bargaining unit] HAS THE 22
MEANING STATED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE. 23
(i) “Fact–finding” means a process conducted by the Board that includes: 24
(1) The identification of the major issues in an impasse; 25
(2) The review of the positions of the parties; and 26
(3) A resolution of factual differences by an impartial individual or panel. 27
(j) (1) “Faculty” means employees whose assignments involve academic 28
responsibilities, including teachers and department heads. 29
(2) “Faculty” does not include officers, supervisory employees, confidential 30
employees, part–time faculty, or student assistants. 31
16 HOUSE BILL 984
(k) “Grievance” means a dispute concerning the application or interpretation of 1
the terms of a collective bargaining agreement. 2
(l) “Impasse” means a failure by a public employer and an exclusive 3
representative to achieve agreement in the course of negotiations. 4
(m) “Officer” means the president, a vice president, a dean, or any other similar 5
official of the community college as appointed by the board of community college trustees. 6
(n) “Part–time faculty” means employees whose assignments involve academic 7
responsibilities, including teachers, counselors, and department heads, who are designated 8
with part–time faculty status by the president of the community college. 9
(o) (1) “Public employee” means an employee employed by a public employer. 10
(2) “Public employee” includes faculty and part–time faculty at the 11
Baltimore City Community College. 12
(3) “Public employee” does not include: 13
(i) Officers; 14
(ii) Supervisory or confidential employees; or 15
(iii) Student assistants. 16
(p) (1) “Public employer” means the board of community college trustees for a 17
community college. 18
(2) “Public employer” includes the Board of Trustees of Baltimore City 19
Community College for the purposes of collective bargaining with faculty and part–time 20
faculty. 21
[(q) (1) “Showing of interest form” means a written statement from a public 22
employee who wishes to be represented by a petitioning employee organization for the 23
purpose of collective bargaining. 24
(2) “Showing of interest form” includes: 25
(i) A union authorization card; and 26
(ii) A union membership card. 27
(r) “Strike” means, in concerted action with others for the purpose of inducing, 28
influencing, or coercing a change in the wages, hours, or other terms and conditions of 29
employment, a public employee’s: 30
HOUSE BILL 984 17
(1) Refusal to report for duty; 1
(2) Willful absence from the position; 2
(3) Stoppage of work; or 3
(4) Abstinence in whole or in part from the proper performance of the 4
duties of employment. 5
(s) “Supervisory employee” means a public employee who has full–time and 6
exclusive authority to act on behalf of a public employer to: 7
(1) Hire, transfer, suspend, lay off, recall, promote, discharge, assign, 8
reward, or discipline other employees; or 9
(2) Adjust employee grievances.] 10
16–702. 11
(a) It is the intent of the General Assembly that: 12
(1) The State promote harmonious and cooperative relationships with the 13
public employees of the community college system by encouraging collective bargaining 14
practices, protecting the rights of public employees to associate, organize, and vote for their 15
own exclusive representatives, and recognizing the dignity of labor for all employees of the 16
community college system; and 17
(2) A delay in implementation of this subtitle shall be to ensure that 18
community colleges are granted sufficient time to plan for potential negotiations and may 19
not be used to plan for, or engage in, activities that would discourage or otherwise coerce 20
employees seeking to hold an election. 21
(b) This subtitle shall apply: 22
(1) Beginning on September 1, 2022, to: 23
(i) Anne Arundel Community College; 24
(ii) Community College of Baltimore County; 25
(iii) Frederick Community College; 26
(iv) Harford Community College; 27
(v) Howard Community College; 28
(vi) Montgomery College; 29 18 HOUSE BILL 984
(vii) Prince George’s Community College; and 1
(viii) College of Southern Maryland; 2
(2) Beginning on September 1, 2023, to: 3
(i) Allegany College of Maryland; 4
(ii) Carroll Community College; 5
(iii) Cecil College; 6
(iv) Chesapeake College; 7
(v) Garrett College; 8
(vi) Hagerstown Community College; and 9
(vii) Wor–Wic Community College; and 10
(3) Beginning October 1, 2024, Baltimore City Community College. 11
(C) PUBLIC EMPLOYEES , PUBLIC EMPLOYERS , AND EXCLUSIVE 12
REPRESENTATIVES ARE SUBJECT TO THE PROVI SIONS OF TITLE 21 OF THE STATE 13
GOVERNMENT ARTICLE. 14
16–703. 15
[(a) The Board shall conduct an election for an exclusive representative of a 16
bargaining unit if: 17
(1) A valid petition is submitted in accordance with § 16–704 of this 18
subtitle; and 19
(2) The bargaining unit involved in the petition is determined to be an 20
appropriate bargaining unit under subsections (b) and (c) of this section. 21
(b) (1) Except as provided in this subtitle, the Board shall determine the 22
appropriateness of each bargaining unit. 23
(2) If there is not a dispute about the appropriateness of the bargaining 24
unit, the Board shall issue an order defining an appropriate bargaining unit. 25
(3) If there is a dispute about the appropriateness of the bargaining unit, 26
the Board shall: 27 HOUSE BILL 984 19
(i) Conduct a public hearing, receiving written and oral testimony; 1
and 2
(ii) Issue an order defining the appropriate bargaining unit. 3
(c)] There may be no more than four bargaining units at each community college 4
including: 5
(1) One unit reserved for full–time faculty; 6
(2) One unit reserved for part–time faculty; and 7
(3) Two units reserved for eligible nonexempt employees, as defined in the 8
federal Fair Labor Standards Act. 9
[(d) The Board may not require the bargaining units at a community college to 10
conform to the requirements of this section if the bargaining units were in existence before 11
September 1, 2022.] 12
16–708. 13
(a) [A public employer has the right to: 14
(1) Determine how the statutory mandate and goals of the community 15
college, including the functions and programs of the community college, its overall budget, 16
and its organizational structure, are to be carried out; and 17
(2) Direct college personnel. 18
(b) A public employee has the right to: 19
(1) Organize; 20
(2) Form, join, or assist any employee organization; 21
(3) Bargain collectively through an exclusive representative; 22
(4) Engage in other lawful concerted activity for the purpose of collective 23
bargaining; and 24
(5) Refrain from engaging in the activities listed under this subsection. 25
(c)] A public employee or group of public employees has the right at any time to: 26
20 HOUSE BILL 984
(1) Present a grievance arising under the terms of the agreement to the 1
public employer; and 2
(2) Have the grievance adjusted without the intervention of the exclusive 3
representative. 4
[(d)] (B) The exclusive representative has the right to be present during any 5
meeting involving the presentation or adjustment of a grievance. 6
[(e)] (C) (1) A public employer shall hear a grievance and participate in the 7
adjustment of the grievance. 8
(2) The adjustment of a grievance may not be inconsistent with the terms 9
of the collective bargaining agreement then in effect. 10
(3) A public employer shall give prompt notice of any adjustment of a 11
grievance to the exclusive representative. 12
[(f) A public employer and an employee organization may not interfere with, 13
intimidate, restrain, coerce, or discriminate against a public employee because the 14
employee exercises rights granted under this section.] 15
Article – Health – General 16
15–903. 17
(c) (2) All elections shall be conducted by the [State Labor] PUBLIC 18
EMPLOYEE Relations Board and subject to the requirements and limitations of [Title 3, 19
Subtitle 4 of the State Personnel and Pensions Article] TITLE 21, SUBTITLE 4 OF THE 20
STATE GOVERNMENT ARTICLE. 21
(3) The [State Labor] PUBLIC EMPLOYEE Relations Board may not 22
conduct an election for an exclusive representative if an election or certification of an 23
exclusive representative has taken place within the preceding 2 years. 24
Article – State Government 25
TITLE 21. PUBLIC EMPLOYEE RELATIONS. 26
SUBTITLE 1. DEFINITIONS; GENERAL PROVISIONS. 27
21–101. 28
(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 29
INDICATED. 30
HOUSE BILL 984 21
(B) “BOARD” MEANS THE PUBLIC EMPLOYEE RELATIONS BOARD. 1
(C) “CONFIDENTIAL EMPLOYEE ” INCLUDES AN INDIVIDU AL WHOSE 2
EMPLOYMENT RESPONSIBILITIES REQ UIRE KNOWLEDGE OF TH E PUBLIC 3
EMPLOYER’S POSTURE IN THE COL LECTIVE NEGOTIATION PROCESS MEANS AN 4
EMPLOYEE WHO : 5
(1) ACTS IN A CONFIDENTI AL CAPACITY AND FORM ULATES AND 6
EFFECTUATES A PUBLIC EMPLOYER’S POLICIES THAT RELA TE TO COLLECTIVE 7
BARGAINING WITH PUBLIC EMPLOYEES; OR 8
(2) HAS ACCESS TO CONFID ENTIAL INFORMATION N OT GENERALLY 9
AVAILABLE TO PUBLIC EMPLOYEES REGARDING THE FORMULATION AND 10
EFFECTUATION OF A PU BLIC EMPLOYER ’S POLICIES THAT RELA TE TO COLLECTIVE 11
BARGAINING. 12
(D) (C) UNLESS SPECIFICALLY PROVIDE D OTHERWISE , “DAY” MEANS A 13
CALENDAR DAY . 14
(E) (D) “EMPLOYEE ORGANIZATION ” MEANS A LABOR ORGANI ZATION IN 15
WHICH PUBLIC EMPLOYE ES PARTICIPATE AND T HAT HAS AS ONE OF IT S PRIMARY 16
PURPOSES REPRESENTIN G PUBLIC EMPLOYEES . 17
(F) (E) “EXCLUSIVE REPRESENTATIVE ” MEANS AN EMPLOYEE 18
ORGANIZATION THAT HA S BEEN CERTIFIED BY THE BOARD AS AN EXCLUSIVE 19
REPRESENTATIVE UNDER SUBTITLE 4 OF THIS TITLE. 20
(G) (F) “LOCKOUT” MEANS ACTION TAKEN B Y A PUBLIC EMPLOYER TO: 21
(1) INTERRUPT OR PREVENT THE CONTINUITY OF THE EMPLOYEES ’ 22
USUAL WORK FOR THE P URPOSE AND WITH THE INTENT OF COERCING T HE 23
EMPLOYEES INTO RELIN QUISHING RIGHTS GUAR ANTEED BY THIS TITLE ; OR 24
(2) BRING ECONOMIC PRESS URE ON EMPLOYEES FOR THE PURPOSE 25
OF SECURING THE AGRE EMENT OF THEIR EXECU TIVE REPRESE NTATIVE TO 26
COLLECTIVE BARGAININ G AGREEMENT TERMS . 27
(H) (G) “PUBLIC EMPLOYEE ” MEANS AN INDIVIDUAL WHO: 28
(1) HOLDS A POSITION BY APPOINTMENT OR EMPLO YMENT IN THE 29
SERVICE OF A PUBLIC EMPLOYER WITH COLLEC TIVE BARGAINING RIGH TS UNDER 30
TITLE 3 OF THE STATE PERSONNEL AND PENSIONS ARTICLE OR TITLE 6, SUBTITLE 31
4 OR 5 OR TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE; AND 32
22 HOUSE BILL 984
(2) IS NOT A CONFIDENTIA L EMPLOYEE. 1
(H) (I) (H) “PUBLIC EMPLOYER ” MEANS: 2
(1) THE STATE, INCLUDING ANY UNIT , DEPARTMENT , OR 3
INSTRUMENTALITY OF T HE STATE; 4
(2) A COMMUNITY COLLEGE LISTED UNDER § 16–702(B) OF THE 5
EDUCATION ARTICLE; AND 6
(3) A COUNTY BOARD OF ED UCATION OR THE BALTIMORE CITY 7
BOARD OF SCHOOL COMMISSIONERS . 8
(I) “PUBLIC EMPLOYEE ” MEANS AN INDIVIDUAL WHO: 9
(1) HOLDS A POSITION BY APPOINTMENT OR EMPLO YMENT IN THE 10
SERVICE OF A PUBLIC EMPLOYER WITH COLLEC TIVE BARGAINING RIGH TS UNDER 11
TITLE 3 OF THE STATE PERSONNEL AND PENSIONS ARTICLE, TITLE 6, SUBTITLE 4 12
OR 5 OF THE EDUCATION ARTICLE OR TITLE 16, SUBTITLE 7 OF THE EDUCATION 13
ARTICLE; AND 14
(2) IS NOT A CONFIDENTIA L EMPLOYEE. 15
(J) (I) (1) “SHOWING OF INTEREST F ORM” MEANS A WRITTEN STAT EMENT 16
FROM A PUBLIC EMPLOY EE WHO WISHES TO BE REPRESENTED BY A PET ITIONING 17
EMPLOYEE ORGANIZATIO N FOR THE PURPOSE OF COLLECTIVE BARGAINING. 18
(2) “SHOWING OF INTEREST F ORM” INCLUDES: 19
(I) A UNION AUTHORIZATIO N CARD; OR 20
(II) A UNION MEMBERSHIP C ARD. 21
(K) “STRIKE” MEANS ANY CONCERTED WORK STOPPAGE TO IND UCE, 22
INFLUENCE, COERCE, OR ENFORCE DEMANDS F OR A CHANGE IN WAGES , HOURS, 23
TERMS, OR OTHER CONDITIONS OF EMPLOYMENT INCLUDING: 24
(1) REFUSAL TO REPORT FO R DUTY; 25
(2) WILLFUL ABSENCE FROM A POSITION; 26
(3) SLOWDOWN OF WORK ; OR 27
HOUSE BILL 984 23
(4) ABSTINENCE IN WHOLE OR IN PART FROM THE PROPER 1
PERFORMANCE OF THE D UTIES OF EMPLOYMENT . 2
(J) (1) “STRIKE” MEANS ANY CONCERTED ACTION TO IMPEDE THE FULL 3
AND PROPER PERFORMAN CE OF EMPLOYMENT DUT IES IN ORDER TO INDU CE, 4
INFLUENCE, COERCE, OR ENFORCE DEMANDS F OR A CHANGE IN WAGES , HOURS, 5
TERMS, OR OTHER CONDITIONS OF EMPLOYMENT . 6
(2) “STRIKE” INCLUDES A TOTAL OR PARTIA L: 7
(I) REFUSAL OR FAILURE T O REPORT TO WORK ; 8
(II) REFUSAL OR FAILURE T O PERFORM EMPLOYMENT DUTIES; 9
(III) WITHDRAWAL FROM WORK ; 10
(IV) WORK STOPPAGE ; OR 11
(V) WORK SLOWDOWN . 12
21–102. 13
(A) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT IT IS T HE PUBLIC 14
POLICY OF THE STATE TO ENCOURAGE AN D PROTECT THE EXERCI SE BY PUBLIC 15
SECTOR EMPLOYEES OF THE FULL FREEDOM OF ASSOCIATION, 16
SELF–ORGANIZATION , AND DESIGNATION OF R EPRESENTATIVES OF TH EIR OWN 17
CHOOSING, FOR THE PURPOSE OF N EGOTIATING THE TERMS AND CONDITIONS OF 18
THEIR EMPLOYMENT OR OTHER MUTUAL AID OR PROTECTION . 19
(B) FOR THE ADVANCEMENT O F THE RIGHTS DESCRIB ED UNDER 20
SUBSECTION (A) OF THIS SECTION AND TO PROMOTE LABOR PEA CE AND THE 21
ORDERLY AND CONS TRUCTIVE RELATIONSHI PS BETWEEN ALL PUBLI C EMPLOYERS 22
AND THEIR EMPLOYEES , THE GENERAL ASSEMBLY HAS DETERMIN ED THAT THE 23
OVERALL POLICY MAY B EST BE ACCOMPLISHED BY: 24
(1) GRANTING TO PUBLIC E MPLOYEES THE RIGHT T O ORGANIZE AND 25
CHOOSE FREELY THEIR REPRESENTATI VES; 26
(2) REQUIRING PUBLIC EMP LOYERS TO NEGOTIATE AND BARGAIN 27
WITH EMPLOYEE ORGANI ZATIONS REPRESENTING PUBLIC EMPLOYEES AND TO 28
ENTER INTO WRITTEN A GREEMENTS EVIDENCING THE RESULT OF THE BA RGAINING; 29
AND 30
24 HOUSE BILL 984
(3) ESTABLISHING PROCEDU RES TO PROVIDE FOR T HE PROTECTION 1
OF THE RIGHTS OF PUB LIC EMPLOYEES , THE PUBLIC EMPLOYERS , AND THE PUBLIC 2
AT LARGE. 3
(C) THE LAW OF THE STATE WITH RESPECT TO THE LABOR RIGHTS OF 4
PUBLIC SECTOR EMPLOY EES IS INTENDED TO F OLLOW THE RIGHTS OF EMPLOYEES 5
UNDER THE FEDERAL NATIONAL LABOR RELATIONS ACT. 6
21–103. 7
DECISIONS OF THE FEDE RAL NATIONAL LABOR RELATIONS BOARD SHALL 8
MAY BE AFFORDED PERSUASI VE WEIGHT IN ANY INT ERPRETATION OF THIS TITLE. 9
SUBTITLE 2. RIGHTS AND DUTIES OF EMPLOYEES, PUBLIC EMPLOYERS, AND 10
EXCLUSIVE REPRESENTATIVES . 11
21–201. 12
(A) EMPLOYEES OF A PUBLIC EMPLOYER HAVE THE RI GHT TO: 13
(1) ENGAGE IN CONCERTED ACTIVITIES FOR THE P URPOSES OF 14
MUTUAL AID OR PROTEC TION; AND 15
(2) REFRAIN FROM ANY OR ALL ACTIVITIES DESCR IBED UNDER ITEM 16
(1) OF THIS SUBSECTION . 17
(B) PUBLIC EMPLOYEES HAVE THE R IGHT TO: 18
(1) FORM, JOIN AND PARTICIPATE IN, OR TO REFRAIN FROM 19
FORMING, JOINING, OR PARTICIPATING IN , ANY EMPLOYEE ORGANIZ ATION OF 20
THEIR OWN CHOOSING ; 21
(2) BE REPRESENTED BY EM PLOYEE ORGANIZATIONS , TO NEGOTIATE 22
COLLECTIVELY WITH T HEIR PUBLIC EMPLOYER S IN THE DETERMINATI ON OF THEIR 23
TERMS AND CONDITIONS OF EMPLOYMENT , AND THE ADMINISTRATI ON OF 24
GRIEVANCES ARISING T HEREUNDER ; AND 25
(3) BE FAIRLY REPRESENTE D BY THEIR EXCLUSIVE 26
REPRESENTATIVE , IF ANY, IN COLLECTIVE BARGAI NING. 27
(C) EXCEPT AS PROVIDED IN S UBSECTION (D) OF THIS SECTION , AN 28
EMPLOYEE ORGANIZATIO N MAY ESTABLISH REAS ONABLE: 29
(1) RESTRICTIONS AS TO W HO MAY JOIN; AND 30 HOUSE BILL 984 25
(2) PROVISIONS FOR THE D ISMISSAL OF INDIVIDU ALS FROM 1
MEMBERSHIP . 2
(D) AN EMPLOYEE ORGANIZATION MAY NOT ESTABLISH RESTRICTIO NS AND 3
PROVISIONS UNDER SUB SECTION (C) OF THIS SECTION THAT DISCRIMINATE WITH 4
REGARD TO THE TERMS OR CONDITIONS OF MEM BERSHIP BECAUSE OF : 5
(1) AGE; 6
(2) ANCESTRY; 7
(3) COLOR; 8
(4) CREED; 9
(5) GENDER IDENTITY ; 10
(6) MARITAL STATUS; 11
(7) MENTAL OR PHYSICAL D ISABILITY; 12
(8) NATIONAL ORIGIN ; 13
(9) RACE; 14
(10) RELIGIOUS AFFILIATIO N, BELIEF, OR OPINION; 15
(11) SEX; OR 16
(12) SEXUAL ORIENTATION . 17
21–202. 18
A PUBLIC EMPLOYER SHAL L EXTEND TO AN EXCLU SIVE REPRESENTATIVE THE 19
RIGHT TO: 20
(1) REPRESENT PUBLIC EMP LOYEES IN: 21
(I) NEGOTIATIONS NOTWITH STANDING THE EXISTEN CE OF AN 22
AGREEMENT WITH AN EM PLOYEE ORGANIZATION THAT IS NO LONGER CE RTIFIED OR 23
RECOGNIZED ; AND 24
(II) THE SETTLEMENT OF GR IEVANCES; 25
26 HOUSE BILL 984
(2) (I) ON REQUEST , INFORMATION FROM A P UBLIC EMPLOYER 1
RELEVANT TO THE ADMI NISTRATION AND NEGOT IATION OF AN AGREEME NT OR THE 2
PROPER PERFORMANCE O F THE EMPLOYEE ORGAN IZATION’S DUTIES AS THE 3
PUBLIC EMPLOYEES ’ REPRESENTATIVE ; AND 4
(II) HAVE THE INFORMATION REQUESTED UNDER ITE M (I) OF 5
THIS ITEM MADE AVAIL ABLE AS SOON AS PRAC TICABLE, BUT NOT LATER THAN 30 6
DAYS AFTER THE PUBLI C EMPLOYER RECEIVES THE REQUEST ; AND 7
(3) COMMUNICATE WITH ITS MEMBERS AND ELECTED OFFICIALS, IN 8
A MANNER AND AT TIME S AT ITS DISCRETION , CONCERNING ISSUE S RELEVANT TO 9
THE ADMINISTRATION A ND NEGOTIATION OF AN AGREEMENT . 10
21–203. 11
(A) ON WRITTEN REQUEST OF AN EXCLUSIVE REPRESE NTATIVE FOR EACH 12
EMPLOYEE IN THE BARG AINING UNIT REPRESEN TED BY THE EXCLUSIVE 13
REPRESENTATIVE , THE PUBLIC EMPLOYER , AS APPROPRIATE , SHALL PROVIDE THE 14
EXCLUSIVE REPRESENTA TIVE WITH THE EMPLOY EE’S: 15
(1) NAME; 16
(2) POSITION CLASSIFICAT ION; 17
(3) UNIT; 18
(4) HOME AND WORK SITE A DDRESSES WHERE THE E MPLOYEE 19
RECEIVES INTEROFFICE OR UNITED STATES MAIL; 20
(5) HOME AND WORK SITE T ELEPHONE N UMBERS; 21
(6) WORK E–MAIL ADDRESS ; AND 22
(7) POSITION IDENTIFICAT ION NUMBER. 23
(B) THE PUBLIC EMPLOYER , AS APPROPRIATE , SHALL PROVIDE THE 24
EXCLUSIVE REPRESENTA TIVE WITH THE REQUES TED INFORMATION IN A 25
SEARCHABLE AND ANALY ZABLE ELECTRONIC FOR MAT. 26
(C) NAMES OR LISTS OF EMP LOYEES PROVIDED TO T HE BOARD IN 27
CONNECTION WITH AN E LECTION UNDER THIS T ITLE ARE NOT SUBJECT TO 28
DISCLOSURE IN ACCORD ANCE WITH TITLE 4 OF THE GENERAL PROVISIONS 29
ARTICLE. 30
HOUSE BILL 984 27
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (3) OF THIS 1
SUBSECTION, AN EXCLUSIVE REPRESE NTATIVE SHALL CONSID ER THE 2
INFORMATION THAT IT RECEIVES UNDER THIS SECTION AS CONFIDENT IAL AND MAY 3
NOT RELEASE THE INFO RMATION TO ANY PERSO N. 4
(2) AN EXCLUSIVE REPRESEN TATIVE MAY AUTHORIZE THIRD PARTY 5
CONTRACTORS TO USE T HE INFORMATION THAT IT R ECEIVES UNDER THIS S ECTION, 6
AS DIRECTED BY THE E XCLUSIVE REPRESENTAT IVE, TO CARRY OUT THE EXC LUSIVE 7
REPRESENTATIVE ’S STATUTORY DUTIES U NDER THIS TITLE. 8
(3) AN EXCLUSIVE REPRESEN TATIVE OR AN AUTHORI ZED THIRD 9
PARTY CONTRACTOR MAY USE THE INFORMATION THAT IT RECEIVES UNDER TH IS 10
SECTION FOR THE PURP OSE OF MAINTAINING O R INCREASING EMPLOYE E 11
MEMBERSHIP IN AN EMP LOYEE ORGANIZATION . 12
(4) ON WRITTEN REQUEST OF AN EMPLOYEE , AN EXCLUSIVE 13
REPRESENTATIVE SHALL WITHHOLD FURTHER COM MUNICATION WITH THE 14
EMPLOYEE UNLESS OTHE RWISE REQUIRED BY LA W OR THE WRITTEN REQ UEST IS 15
REVOKED BY THE EMPLO YEE. 16
21–204. 17
(A) A EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, A PUBLIC 18
EMPLOYER HAS THE RIG HT TO: 19
(1) DETERMINE HOW THE ST ATUTORY MANDATE AND GOALS OF THE 20
PUBLIC EMPLOYER , INCLUDING THE FUNCTI ONS AND PROGRAMS OF THE PUBLIC 21
EMPLOYER, ITS OVERALL BUDGET , AND ITS ORGANIZATION AL STRUCTURE , ARE TO 22
BE CARRIED OUT ; AND 23
(2) DIRECT EMPLOYEES OF THE PUBLIC EMPLOYER . 24
(B) THE STATE, THROUGH ITS APPROPR IATE OFFICERS AND EM PLOYEES, 25
HAS THE RIGHT TO : 26
(1) (I) DETERMINE THE MISSIO N, BUDGET, ORGANIZATION , 27
NUMBERS, TYPES AND GRADES OF EMPLOYEES ASSIGNED , THE WORK PROJECTS , 28
TOURS OF DUTY , METHODS, MEANS, AND PERSONNEL BY WHI CH ITS OPERATIONS 29
ARE TO BE CONDUC TED, TECHNOLOGY NEEDED , INTERNAL SECURITY PR ACTICES, 30
AND RELOCATION OF IT S FACILITIES; AND 31
(II) MAINTAIN AND IMPROVE THE EFFICIENCY AND 32
EFFECTIVENESS OF GOV ERNMENTAL OPERATIONS ; 33
28 HOUSE BILL 984
(2) DETERMINE THE : 1
(I) SERVICES TO BE RENDE RED, OPERATIONS TO BE 2
PERFORMED , AND TECHNOLOGY TO BE USED; AND 3
(II) OVERALL METHODS , PROCESSES, MEANS, AND CLASSES OF 4
WORK OR PERSONNEL BY WHICH GOVERNMENTAL O PERATIONS ARE TO BE 5
CONDUCTED ; 6
(3) HIRE, DIRECT, SUPERVISE, AND ASSIGN EMPLOYEES ; 7
(4) (I) PROMOTE, DEMOTE, DISCIPLINE, DISCHARGE, RETAIN, AND 8
LAY OFF EMPLOYEES ; AND 9
(II) TERMINATE EMPLOYMENT BECAUSE OF LACK OF F UNDS, 10
LACK OF WORK , UNDER CONDITIONS WHE RE THE EMPLOYER DETE RMINES 11
CONTINUED WORK WOULD BE INEFFICIENT OR NO NPRODUCTIVE , OR FOR OTHER 12
LEGITIMATE REAS ONS; 13
(5) SET THE QUALIFICATIO NS OF EMPLOYEES FOR APPOINTMENT AND 14
PROMOTION , AND SET STANDARDS OF CONDUCT; 15
(6) ADOPT STATE OR DEPARTMENT RULES , REGULATIONS , OR 16
PROCEDURES ; 17
(7) PROVIDE A SYSTEM OF MERIT EMPLOYMENT ACC ORDING TO THE 18
STANDARD OF BUSINE SS EFFICIENCY; AND 19
(8) TAKE ACTIONS NOT OTH ERWISE SPECIFIED IN THIS SECTION TO 20
CARRY OUT THE MISSIO N OF THE EMPLOYER . 21
21–205. 22
(A) A PUBLIC EMPLOYER IS P ROHIBITED FROM ENGAG ING IN A LOCKOUT . 23
(B) PUBLIC EMPLOYEES ARE PROHIBITED FROM ENGA GING IN A STRIKE. 24
(C) A PUBLIC EMPLOYER OR A N EMPLOYEE ORGANIZAT ION MAY NOT 25
INTERFERE WITH , INTIMIDATE, RESTRAIN, COERCE, OR DISCRIMINATE AGAI NST A 26
PUBLIC EMPLOYEE BECA USE THE PUBLIC EMPLO YEE EXERCISES RIGHTS GRANTED 27
UNDER THIS TITLE . 28
21–206. 29
HOUSE BILL 984 29
(A) A PUBLIC EMPLOYER AND ITS OFF ICERS, EMPLOYEES, AGENTS, OR 1
REPRESENTATIVES ARE PROHIBITED FROM ENGA GING IN ANY UNFAIR L ABOR 2
PRACTICE, INCLUDING: 3
(1) INTERFERING WITH , RESTRAINING, OR COERCING EMPLOYEE S IN 4
THE EXERCISE OF THEI R RIGHTS UNDER THIS TITLE; 5
(2) DOMINATING, INTERFERING WITH , CONTRIBUTING FINANCI AL OR 6
OTHER SUPPORT TO , OR ASSISTING IN THE FORMATION, EXISTENCE, OR 7
ADMINISTRATION OF AN Y EMPLOYEE ORGANIZAT ION; 8
(3) GRANTING ADMINISTRAT IVE LEAVE TO EMPLOYE ES TO ATTEND 9
EMPLOYER SPONSORED O R SUPPORTED MEET INGS OR EVENTS RELAT ING TO AN 10
ELECTION UNDER SUBTITLE 4 OF THIS TITLE, UNLESS THE PUBLIC EM PLOYER 11
GRANTS EMPLOYEES AT LEAST THE SAME AMOUN T OF ADMINISTRATIVE LEAVE TO 12
ATTEND LABOR ORGANIZ ATION SPONSORED OR S UPPORTED MEETINGS OR 13
EMPLOYEE MEETINGS ; 14
(4) DISCRIMINATING IN HIRI NG, TENURE, OR ANY TERM OR 15
CONDITION OF EMPLOYM ENT TO ENCOURAGE OR DISCOURAGE MEMBERSHI P IN AN 16
EMPLOYEE ORGANIZATIO N; 17
(5) DISCHARGING OR DISCR IMINATING AGAINST AN EMPLOYEE 18
BECAUSE OF THE SIGNI NG OR FILING OF AN A FFIDAVIT, PETITION, OR COMPLAINT, 19
OR GIVING INFORMATIO N OR TESTIMONY IN CO NNECTION WITH MATTER S UNDER 20
THIS TITLE; 21
(6) FAILING TO PROVIDE A LL EMPLOYEE ORGANIZA TIONS INVOLVED 22
IN AN ELECTION THE S AME RIGHTS OF ACCESS AS REQUIRED BY THE BOARD 23
THROUGH REGULATION ; 24
(7) ENGAGING IN SURVEILLANCE OF U NION ACTIVITIES; 25
(8) REFUSING TO BARGAIN IN GOOD FAITH; 26
(9) FAILING TO MEET AN E STABLISHED NEGOTIATI ON DEADLINE , 27
UNLESS A WRITTEN AGR EEMENT BETWEEN THE P UBLIC EMPLOYER AND T HE 28
EXCLUSIVE REPRESENTA TIVE PROVIDES OTHERW ISE; 29
(10) ENGAGING IN A LOCKOU T; OR 30
(11) SPENDING PUBLIC MONE Y TO CONTRACT WITH , USING PUBLIC 31
RESOURCES TO CONTRACT WITH , OR PROVIDING ASSISTA NCE TO AN INDIVIDUAL OR 32 30 HOUSE BILL 984
GROUP FOR A NEGATIVE CAMPAIGN AGAINST EFF ORTS BY EMPLOYEES OF A PUBLIC 1
EMPLOYER OR AN EMPLO YEE ORGANIZATION TO : 2
(I) GAIN OR RETAIN COLLE CTIVE BARGAINING RIG HTS; OR 3
(II) CERTIFY AN EMPLOYEE ORGANIZATION AS AN E XCLUSIVE 4
REPRESENTATIVE . 5
(B) EMPLOYEE ORGANIZATION S AND THEIR AGENTS O R REPRESENTATIVES 6
ARE PROHIBITED FROM ENGAGING IN ANY UNFAIR LABOR PRACTIC E, INCLUDING: 7
(1) INTERFERING WITH , RESTRAINING, OR COERCING EMPLOYEE S IN 8
THE EXERCISE OF THEI R RIGHTS UNDER THIS TITLE; 9
(2) CAUSING OR ATTEMPTIN G TO CAUSE A PUBLIC EMPLOYER TO 10
DISCRIMINATE IN HIRI NG, TENURE, OR ANY TERM OR CONDI TION OF EMPLOYMENT 11
TO ENCOURAGE OR DISC OURAGE MEMBERSHIP IN AN EMPLOYEE ORGANIZA TION; 12
(3) ENGAGING IN , INDUCING, OR ENCOURAGING ANY P ERSON TO 13
ENGAGE IN A STRIKE , AS DEFINED IN § 21–205 OF THIS SUBTITLE; 14
(4) INTERFERING WITH THE STATUTORY DUTIES OF THE STATE OR A 15
PUBLIC EMPLOYER ; 16
(5) REFUSING TO BARGAIN IN GOOD FAITH; OR 17
(6) NOT FAIRLY REPRESENT ING EMPLOYEES IN COL LECTIVE 18
BARGAINING OR IN ANY OTHER MATTER IN WHIC H THE EMPLOYEE ORGAN IZATION 19
HAS THE DUTY OF FAIR REPRESENTATION . 20
21–207. 21
(A) EACH EXCLUSIVE REPRESENTA TIVE HAS THE RIGHT T O COMMUNICATE 22
WITH THE EMPLOYEES T HAT IT REPRESENTS . 23
(B) (1) PUBLIC EMPLOYERS SHAL L ALLOW AN EXCLUSIVE 24
REPRESENTATIVE TO : 25
(I) MEET WITH A NEW EMPL OYEE IN A BARGAINING UNIT 26
REPRESENTED BY THE E XCLUSIVE REPRESENT ATIVE WITHIN THE FIR ST FULL PAY 27
PERIOD OF THE NEW EM PLOYEE’S START DATE; OR 28
HOUSE BILL 984 31
(II) ATTEND AND PARTICIPA TE IN A NEW EMPLOYEE PROGRAM 1
THAT INCLUDES ONE OR MORE EMPLOYEES WHO A RE IN A BARGAINING U NIT 2
REPRESENTED BY THE E XCLUSIVE REPRESENTAT IVE. 3
(2) THE NEW EMPLOYEE PROGRAM DESCRIBED IN PARAGRA PH (1)(II) 4
OF THIS SUBSECTION M AY BE A NEW EMPLOYEE ORIENTATION , TRAINING, OR OTHER 5
PROGRAM THAT THE PUB LIC EMPLOYER AND AN EXCLUSIVE REPRESENTA TIVE 6
NEGOTIATE IN ACCORDA NCE WITH TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION 7
ARTICLE, TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE, OR TITLE 3 OF THE 8
STATE PERSONNEL AND PENSIONS ARTICLE. 9
(3) EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS SUBSECTION , 10
THE EXCLUSIVE REPRES ENTATIVE SHALL BE AL LOWED AT LEAST 30 MINUTES TO 11
MEET WITH THE NEW EMPLOYEE OR TO COLLECTIVELY A DDRESS ALL NEW 12
EMPLOYEES IN ATTENDA NCE DURING A NEW EMP LOYEE PROGRAM . 13
(4) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 14
PARAGRAPH , A MEETING BETWEEN TH E NEW EMPLOYEE AND T HE EXCLUSIVE 15
REPRESENTATIVE SHALL BE IN PERSON. 16
(II) AN EXCLUSIVE REPRESEN TATIVE MAY CHOOSE TO MEET 17
WITH A NEW EMPLOYEE BY VIDEO OR SIMILAR TECHNOLOGY IF PUBLIC HEALTH 18
CONCERNS NECESSITATE THAT A MEETING BE CO NDUCTED REMOTELY . 19
(5) A PUBLIC EMPLOYER AND AN EXCLUSIVE REPRESE NTATIVE MAY 20
NEGOTIATE A PERIOD O F TIME THAT IS MORE THAN 30 MINUTES IN ACCORDANC E 21
WITH TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, TITLE 16, SUBTITLE 22
7 OF THE EDUCATION ARTICLE, OR TITLE 3 OF THE STATE PERSONNEL AND 23
PENSIONS ARTICLE. 24
(6) A PUBLIC EMPLOYER : 25
(I) SHALL ENCOURAGE AN E MPLOYEE TO MEET WITH THE 26
EXCLUSIVE REPRESENTA TIVE OR ATTEND THE P ORTION OF A NEW EMPL OYEE 27
PROGRAM DESIGNATED F OR AN EXCLUSIVE REPR ESENTATIVE TO ADDRES S NEW 28
EMPLOYEES; AND 29
(II) MAY NOT REQUIRE AN E MPLOYEE TO MEET WITH AN 30
EXCLUSIVE REPRESENTATIVE OR ATTEND THE PORTIO N OF A NEW EMPLOYEE 31
PROGRAM DESIGNATED F OR AN EXCLUSIVE REPR ESENTATIVE TO ADDRES S NEW 32
EMPLOYEES IF THE EMP LOYEE OBJECTS TO ATT ENDING. 33
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION 34
AND SUBJECT TO PA RAGRAPH (3) OF THIS SUBSECTION , A PUBLIC EMPLOYER SH ALL 35 32 HOUSE BILL 984
PROVIDE THE EXCLUSIV E REPRESENTATIVE AT LEAST 10 DAYS’ NOTICE OF THE 1
START DATE OF A NEW EMPLOYEE IN A BARGAI NING UNIT REPRESENTE D BY THE 2
EXCLUSIVE REPRESENTA TIVE. 3
(2) A PUBLIC EMPLOYER MAY PROVIDE THE EXCLUSIVE 4
REPRESENTATIVE WITH LESS THAN 10 DAYS’ NOTICE IF THERE IS A N URGENT NEED 5
CRITICAL TO THE EMPL OYER THAT WAS NOT RE ASONABLY FORESEEABLE . 6
(3) THE NOTICE REQUIRED U NDER PARAGRAPH (1) OF THIS 7
SUBSECTION SHALL : 8
(I) BE PROVIDED ELECTRONICALLY TO TH E LOCAL PRESIDENT 9
OR EXCLUSIVE REPRESE NTATIVE DESIGNEE WIT HIN 5 DAYS OF THE EMPLOYEE ’S 10
FIRST CHECK–IN; 11
(II) EXCEPT AS PROVIDED I N ITEM (III) OF THIS PARAGRAPH , 12
INCLUDE THE NEW EMPL OYEE’S NAME, UNIT, AND ALL EMPLOYEE IDE NTIFICATION 13
NUMBERS, INCLUDING WORKDAY NUMBERS ; 14
(III) EXCLUDE THE NEW EMPL OYEE’S SOCIAL SECURITY 15
NUMBER; AND 16
(IV) BE CONSIDERED CONFID ENTIAL BY AN EXCLUSI VE 17
REPRESENTATIVE . 18
(4) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 19
PARAGRAPH , AN EXCLUSIVE REPRESENTATIVE MAY N OT DISCLOSE THE 20
INFORMATION IN A NOT ICE. 21
(II) THE EXECUTIVE EXCLUSIVE REPRESENTATIVE MAY 22
AUTHORIZE A THIRD –PARTY CONTRACTOR TO USE THE INFORMATION IN A NOTICE, 23
AS DIRECTED BY THE E XCLUSIVE REPRESENTAT IVE, TO FULFILL THE EXCLU SIVE 24
REPRESENTATIVE ’S STATUTORY DUTIES . 25
21–208. 26
AN EMPLOYEE ORGANIZAT ION CERTIFIED AS THE EXCLUSIVE 27
REPRESENTATIVE SHALL : 28
(1) SERVE AS THE SOLE AN D EXCLUSIVE BARGAINI NG AGENT FOR ALL 29
EMPLOYEES IN THE BAR GAINING UNIT; 30
(2) REPRESENT FAIRLY AND WITHOUT DISCRIMINATI ON ALL 31
EMPLOYEES IN THE BAR GAINING UNIT, WHETHER OR NOT THE E MPLOYEES ARE 32 HOUSE BILL 984 33
MEMBERS OF THE EMPLO YEE ORGANIZATION OR ARE PAYING DUES OR O THER 1
CONTRIBUTIONS TO IT OR PARTICIPATING IN ITS AFFAIRS; AND 2
(3) PROMPTLY FIL E WITH THE BOARD ALL CHANGES AND 3
AMENDMENTS TO THE OR GANIZATION’S GOVERNING DOCUMENT S. 4
21–209. 5
(A) AN EMPLOYEE ORGANIZAT ION IS ENTITLED TO M EMBERSHIP DUES 6
DEDUCTION, ON PRESENTATION BY T HE EMPLOYEE ORGANIZA TION OF: 7
(1) DUES DEDUCTION AUTHO RIZATION CARDS; 8
(2) ELECTRONIC MEMBERSHI P APPLICATION; OR 9
(3) OTHER METHOD BY WHIC H AN EMPLOYEE HAS MA NIFESTED 10
ASSENT FOR MEMBERSHI P DUES DEDUCTION . 11
(B) (1) A PUBLIC EMPLOYER SHAL L COMMENCE MAKING DU ES 12
DEDUCTIONS AS SOON A S PRACTICABLE , BUT NOT LATER THAN 30 DAYS AFTER 13
RECEIVING THE PROOF PRESENTED UNDER SUBS ECTION (A) OF THIS SECTION. 14
(2) A PUBLIC EMPLOYER SHAL L TRANSMIT MEMBERSHI P DUES TO 15
THE EMPLOYEE ORGANIZ ATION WITHIN 30 DAYS AFTER THE DEDUC TIONS ARE 16
MADE. 17
(3) A PUBLIC EMPLOYER SHAL L ACCEPT AN AUT HORIZATION TO 18
DEDUCT FROM THE SALA RY OF A PUBLIC EMPLO YEE AN AMOUNT FOR TH E PAYMENT 19
OF DUES IN ANY FORMA T AUTHORIZED UNDER § 21–106 OF THE COMMERCIAL LAW 20
ARTICLE. 21
(C) THIS SECTION MAY NOT BE CONSTRUED TO REQU IRE AN EMPLOYEE TO 22
BECOME A MEMBER OF A N EMPLOYEE ORGANIZATION . 23
(D) (1) THE RIGHT OF AN EMPLO YEE ORGANIZATION TO MEMBERSHIP 24
DUES DEDUCTION SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL : 25
(I) AN EMPLOYEE REVOKES MEMBERSHIP IN ACCORD ANCE 26
WITH A COLLECTIVE BA RGAINING AGREEMENT O R THE MEMBERSHIP APP LICATION; 27
(II) THE EMPLOYEE CANCELS MEMBERSHIP DUES DEDU CTION 28
UNDER § 2–403 OF THE STATE PERSONNEL AND PENSIONS ARTICLE; OR 29
34 HOUSE BILL 984
(III) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 1
EMPLOYEE IS NO LONGE R EMPLOYED BY THE PU BLIC EMPLOYER . 2
(2) IF WITHIN A PERIOD OF 1 YEAR, THE EMPLOYEE IS EMPL OYED BY 3
THE SAME PUBLIC EMPL OYER IN A POSITION R EPRESENTED BY THE SA ME 4
EXCLUSIVE REPRESENTA TIVE, THE RIGHT TO MEMBERS HIP DUES DEDUCTION 5
SHALL BE AUTOMATICAL LY REINSTATED . 6
(E) IF THE EMPLOYEE WHO H AS CONSENTED TO D UES DEDUCTION IS 7
EITHER REMOVED FROM A PUBLIC EMPLOYER ’S PAYROLL OR OTHERWI SE PLACED 8
ON AN INVOLUNTARY OR VOLUNTARY LEAVE OF A BSENCE, WHETHER PAID OR 9
UNPAID, THE PUBLIC EMPLOYEE ’S MEMBERSHIP DUES DE DUCTION AUTHORIZATIO N 10
SHALL: 11
(1) REMAIN EFFECTIVE ; AND 12
(2) BE CONTINUED ON THE PUBLIC EMPLOYEE ’S RETURN TO THE 13
PAYROLL OR RESTORATI ON TO ACTIVE EMPLOYM ENT FROM A LEAVE OF ABSENCE. 14
(F) IF AN AUTHORIZATION F OR A PUBLIC EMPLOYER TO MAKE 15
MEMBERSHIP DUES DEDU CTION WAS IN EFFECT ON JUNE 30, 2023: 16
(1) THE RIGHT OF THE EMPLOYEE O RGANIZATION TO MEMBE RSHIP 17
DUES DEDUCTION SHALL CONTINUE UNLESS THE RIGHT IS TERMINATED UNDER 18
SUBSECTION (D) OF THIS SECTION; AND 19
(2) THE EMPLOYEE ORGANIZ ATION MAY NOT BE REQ UIRED TO 20
PRESENT NEW AUTHORIZ ATION UNDER SUBSECTI ON (A) OF THIS SECTION. 21
21–210. 22
(A) A PUBLIC EMPLOYER OR I TS OFFICERS, OR AN AGENT OF THE P UBLIC 23
EMPLOYER, MAY NOT SPEND PUBLIC MONEY, USE PUBLIC RESOURCES , OR PROVIDE 24
ASSISTANCE TO AN IND IVIDUAL OR GROUP FOR A NEGATIVE CAMPAIGN AGAINST 25
EFFORTS BY EMPLOYEES OF A PUBLIC EMPLOYER OR A N EMPLOYEE ORGANIZAT ION 26
TO: 27
(1) GAIN OR RETAIN COLLE CTIVE BARGAINING RIG HTS; OR 28
(2) CERTIFY AN EMPLOYEE ORGANIZATION AS AN E XCLUSIVE 29
REPRESENTATIVE . 30
(B) (1) WITHIN 7 DAYS AFTER A VALID E LECTION HAS BEEN SCH EDULED 31
UNDER SUBTITLE 4 OF THIS TITLE, THE PUBLIC EMPLOYER SHALL ALLOW PUBLIC 32 HOUSE BILL 984 35
EMPLOYEES AND EMPLOY EE ORGANIZATIONS TO ACCESS THE EMPLOYER ’S 1
PROPERTY AND FACILIT IES, INCLUDING GROUNDS , ROOMS, BULLETIN BOARDS , 2
INTEROFFICE MAIL , AND OTHER COMMON ARE AS FOR CAMPAIGN ACTI VITIES FOR 3
THE ELECTION. 4
(2) THE PUBLIC EMPLOYER M AY NOT: 5
(I) LIMIT THE AMOUNT OF TIME A PUBLIC EMPLOY EE HAS 6
ACCESS TO THE PUBLIC EMPLOYER’S PROPERTY AND FACIL ITIES DURING AN 7
ELECTION UNDER THIS SECTION; OR 8
(II) ALTER OR REVISE EXIS TING RULES OR REGULA TIONS TO 9
UNFAIRLY LIMIT OR PR OHIBIT PUBLIC EMPLOY EES OR EMPLOYEE ORGA NIZATIONS 10
FROM EXERCISING THEI R RIGHTS UNDER THIS TITLE. 11
(3) THIS SUBSECTION MAY N OT BE CONSTRUED TO A LLOW CAMPAIGN 12
ACTIVITIES TO INTERF ERE WITH A PUBLIC EM PLOYER’S OPERATIONS. 13
SUBTITLE 3. PUBLIC EMPLOYEE RELATIONS BOARD. 14
21–301. 15
THERE IS A PUBLIC EMPLOYEE RELATIONS BOARD ESTABLISHED AS AN 16
INDEPENDENT UNIT OF STATE GOVERNMENT . 17
21–302. 18
(A) THE BOARD CONSISTS OF THE FOLLOWING FIVE MEMBE RS: 19
(1) A CHAIR APPOINTED BY THE GOVERNOR WITH THE ADVICE AND 20
CONSENT OF THE SENATE, REPRESENTING THE PUB LIC; 21
(2) TWO MEMBERS CHOSEN F ROM A LIST OF CANDID ATES SUBMITTED 22
BY EACH EXCLUSIVE RE PRESENTATIVE , APPOINTED BY THE GOVERNOR WITH DUE 23
REGARD FOR ANY CANDI DATES WHO HAVE MAJOR ITY OR PLURALITY SUP PORT 24
FROM EXCLUSIVE REPRE SENTATIVES, WITH THE ADVICE AND CONSENT OF THE 25
SENATE; AND 26
(3) TWO MEMBERS CHOSEN F ROM A LIST OF CANDID ATES SUBMITTED 27
BY PUBLIC EMPLOYERS , APPOINTED BY THE GOVERNOR WITH THE ADV ICE AND 28
CONSENT OF THE SENATE. 29
(B) EACH MEMBER OF T HE BOARD: 30
36 HOUSE BILL 984
(1) MUST HAVE KNOWLEDGE OF AND EXPERIENCE WI TH LABOR LAW , 1
LABOR MEDIATION , OR LABOR NEGOTIATION S; 2
(2) MAY NOT BE OFFICERS OR EMPLOYEES OF A PU BLIC EMPLOYER , 3
OR OF AN EMPLOYEE OR GANIZATION; AND 4
(3) MUST BE KNOWN FOR OB JECTIVE AND INDEPEND ENT JUDGMENT . 5
(C) BEFORE TAKING OFFICE , EACH MEMBER SHALL TA KE THE OATH 6
REQUIRED BY ARTICLE I, § 9 OF THE MARYLAND CONSTITUTION. 7
(D) (1) THE TERM OF A MEMBER IS 6 YEARS. 8
(2) THE TERMS OF MEMBERS ARE STAGGERED AS REQ UIRED BY THE 9
TERMS PROVIDED FOR M EMBERS OF THE BOARD ON JULY 1, 2023. 10
(3) A VACANCY SHALL BE FIL LED FOR AN UNEXPIRED TERM IN THE 11
SAME MANNER AS AN OR IGINAL APPOINTMENT . 12
(4) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 13
A SUCCESSOR IS APPOI NTED AND QUALIFIES . 14
(5) A MEMBER WHO IS APPOINTED AFT ER A TERM HAS BEGUN SERVES 15
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 16
QUALIFIES. 17
(E) THE GOVERNOR MAY REMOVE A MEMBER ONLY FOR INCO MPETENCE OR 18
MISCONDUCT . 19
(F) IN MAKING APPOINTMENT S TO THE BOARD, THE GOVERNOR SHALL 20
ENSURE, TO THE EXTENT PRACTI CABLE, THAT THE RATIO OF MA LE TO FEMALE 21
MEMBERS AND THE RACI AL MAKEUP OF THE BOARD IS REFLECTIVE O F THE 22
GENERAL POPULATION O F THE STATE. 23
21–303. 24
(A) (1) A MAJORITY OF THE VOTI NG MEMBERS SHALL CON STITUTE A 25
QUORUM FOR: 26
(I) THE TRANSACTION OF A NY BUSINESS; OR 27
(II) THE EXERCISE OF ANY POWER OR THE PERFORM ANCE OF 28
ANY DUTY AUTHORIZED OR IMPOSED BY LAW . 29
HOUSE BILL 984 37
(2) FORMAL ACTION MAY NOT BE TAKEN BY THE BOARD WITHOUT 1
THE APPROVAL OF A MA JORITY OF THE VOTING MEMBERS OF THE BOARD. 2
(B) THE BOARD SHALL SET THE T IMES AND PLACES OF I TS MEETINGS, BUT 3
SHALL MEET AT LEAST ONCE PER MONTH . 4
(C) (1) AN APPOINTED MEMBER O F THE BOARD IS ENTITLED TO : 5
(I) THE COMPENSATION PRO VIDED IN THE STATE BUDGET ; 6
AND 7
(II) REIMBURSEMENT FOR EXPENSES UNDER T HE STANDARD 8
STATE TRAVEL REGULATIONS AS PROVID ED IN THE STATE BUDGET . 9
(2) THE CHAIR OF THE BOARD SHALL GIVE FULL TIME TO THE DUTIES 10
OF CHAIR AND IS ENTI TLED TO A SALARY AS PROVIDED IN THE STATE BUDGET . 11
21–304. 12
(A) (1) THE BOARD SHALL APPOINT AN EXECUTIVE DIRECTOR OF THE 13
BOARD. 14
(2) THE EXECUTIVE DIRECTOR: 15
(I) IS RESPONSIBLE TO AN D SERVES AT THE PLEA SURE OF THE 16
BOARD; 17
(II) MUST HAVE KNOWLEDGE OF AND EXPERIENCE WI TH LABOR 18
ISSUES; AND 19
(III) IS ENTITLED TO THE S ALARY PROVIDED IN THE STATE 20
BUDGET. 21
(B) THE EXECUTIVE DIRECTOR SHALL PERFOR M THE DUTIES THAT TH E 22
BOARD ASSIGNS, INCLUDING: 23
(1) OPERATING THE OFFICE OF THE BOARD; AND 24
(2) KEEPING THE OFFICIAL RECORDS OF THE BOARD. 25
(C) THE EXECUTIVE DIRECTOR MAY HIRE ANY STAFF NECESSARY TO 26
CARRY OUT THE PROVIS IONS OF THIS TITLE. 27
21–305. 28 38 HOUSE BILL 984
(A) THE BOARD SHALL APPOINT : 1
(1) A DEPUTY DIRECTOR FO R EXECUTIVE BRANCH LABOR 2
RELATIONS; 3
(2) A DEPUTY DIRECTOR FO R PUBLIC SCHOOL LABO R RELATIONS; 4
AND 5
(3) A DEPUTY DIRECTOR FO R PUBLIC HIGHER EDUCAT ION LABOR 6
RELATIONS. 7
(B) THE DEPUTY DIRECTORS : 8
(1) ARE RESPONSIBLE TO A ND SERVE AT THE PLEA SURE OF THE 9
BOARD; 10
(2) MUST HAVE KNOWLEDGE OF AND EXPERIENCE WI TH LABOR 11
ISSUES AND THE SUBJE CT MATTER AREA ASSOC IATED WITH THEIR POS ITIONS; AND 12
(3) ARE ENTITLED TO THE SALARY PROVIDED IN T HE STATE BUDGET. 13
21–306. 14
(A) THE BOARD IS RESPONSIBLE FOR ADMINISTERING AN D ENFORCING 15
PROVISIONS OF: 16
(1) THIS TITLE; 17
(2) TITLE 6, SUBTITLE SUBTITLES 4 OR AND 5 OF THE EDUCATION 18
ARTICLE; 19
(3) TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE; AND 20
(4) TITLE 3 OF THE STATE PERSONNEL AND PENSIONS ARTICLE. 21
(B) IN ADDITION TO ANY OT HER POWERS OR DUTIES PROVIDED FOR 22
ELSEWHERE IN THIS TI TLE, TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, 23
TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE, AND TITLE 3 OF THE STATE 24
PERSONNEL AND PENSIONS ARTICLE, THE BOARD MAY: 25
(1) ESTABLISH PROCEDURES FOR, SUPERVISE THE CONDUC T OF, AND 26
RESOLVE DISPUTES ABO UT ELECTIONS FOR EXC LUSIVE REPRESENTATIV ES; 27
HOUSE BILL 984 39
(2) ESTABLISH PROCEDURES FOR AND RESOLVE DISP UTES ABOUT 1
PETITIONS FOR BARGAI NING UNIT CLARIFICAT ION; 2
(3) ESTABLISH PROCEDURES FOR AND RESOLVE DISP UTES ABOUT 3
PETITIONS AND ELECTI ONS FOR DECERTIFICAT ION OF AN EXCLUSIVE 4
REPRESENTATIVE ; 5
(4) INVESTIGATE AND T AKE APPROPRIATE ACTI ON IN RESPONSE TO 6
COMPLAINTS OF UNFAIR LABOR PRACTICES , INCLUDING STRIKES AN D LOCKOUTS; 7
(5) ESTABLISH PROCEDURES FOR AND RESOLVE DISP UTES ABOUT 8
THE NEGOTIABILITY OF BARGAINING SUBJECTS ; 9
(6) ON APPLICATION BY AN EXCLUSIVE REPRESE NTATIVE EMPLOYEE 10
ORGANIZATION OR PUBLIC EMPLOYER , DETERMINE THAT THE A PPLICANT SHALL BE 11
DESIGNATED AS A JOIN T PUBLIC EMPLOYER OF PUBLIC EMPLOYEES IN AN 12
EMPLOYER–EMPLOYEE BARGAINING UNIT DETERMINED IN A CCORDANCE WITH 13
SUBTITLE 4 OF THIS TITLE WHEN S UCH DETER MINATION WOULD BEST EFFECTUATE 14
THE PURPOSES OF THIS SUBTITLE; AND 15
(7) RESOLVE MATTERS AS P ROVIDED IN §§ 6–408, 6–510, AND 16–711 16
§§ 6–406, 6–507, AND 16–707 OF THE EDUCATION ARTICLE. 17
(C) THE BOARD SHALL HAVE BROA D DISCRETION TO TAKE AND ORDER 18
REMEDIAL ACTIONS WHEN IT FIND S THAT A PARTY HAS C OMMITTED AN UNFAIR 19
LABOR PRACTICE , INCLUDING THE RESTOR ATION OF ANY RIGHT , PAY, STATUS, OR 20
BENEFIT LOST BY A PU BLIC EMPLOYEE OR GRO UP OF PUBLIC EMPLOYE ES, DUE TO 21
VIOLATIONS OF THIS T ITLE. 22
(D) TO ENFORCE THE PROVISIONS OF THIS S UBTITLE, THE BOARD MAY: 23
(1) ISSUE SUBPOENAS ; AND 24
(2) ADMINISTER OATHS AND AFFIRMATIONS , EXAMINE WITNESSES , 25
AND RECEIVE EVIDENCE . 26
(E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 27
THE BOARD SHALL ADOPT AND ENFORCE R EGULATIONS, GUIDELINES, AND 28
POLICIES TO CARRY OU T THIS TITLE. 29
(2) THE BOARD MAY NOT ADOPT A NY REGULATION , GUIDELINE, OR 30
POLICY THAT: 31
40 HOUSE BILL 984
(I) UNNECESSARILY DELAYS THE RESOLUTION OF DI SPUTES 1
OVER ELECTIONS , UNFAIR LABOR PRACTIC ES, OR ANY OTHER MATTER UNDER THIS 2
TITLE; OR 3
(II) RESTRICTS OR WEAKENS THE PROTECTIONS PROV IDED TO 4
PUBLIC EMPLOYEES AND EMPLOYEE ORGANIZATIO NS UNDER THIS TITLE OR UNDER 5
REGULATIONS . 6
21–307. 7
(A) (1) IF A PARTY HAS BEEN C HARGED WITH ENGAGING IN OR HAS 8
ENGAGED IN AN UNFAIR LABOR PRACTICE , THE APPROPRIATE DEPU TY DIRECTOR 9
SHALL INVESTIGATE TH E CHARGE. 10
(2) IF THE BOARD, THROUGH THE DEPUTY D IRECTOR’S 11
INVESTIGATION , FINDS THAT PROBABLE CAUSE EXISTS TO SU PPORT THE CHARGE 12
OF AN UNFAIR LABOR P RACTICE, THE BOARD SHALL: 13
(I) ISSUE A COMPLAINT AG AINST THE PARTY STAT ING THE 14
CHARGES; AND 15
(II) NOT LESS THAN 15 DAYS AFTER ISSUING T HE COMPLAINT , 16
ISSUE A NOTICE OF A HEARING BEFORE THE BOARD OR THE OFFICE OF 17
ADMINISTRATIVE HEARINGS. 18
(B) THE BOARD MAY NOT ISSUE A COMPLAINT UNDER SUBS ECTION (A)(2)(I) 19
OF THIS SECTION IF T HE UNFAIR LABOR PRAC TICE OCCURRED MORE T HAN 6 20
MONTHS BEFORE THE FI LING OF THE CHARGE . 21
(C) (1) THE DEPUTY DIRECTORS SHALL ENDEAVOR AT AL L TIMES TO 22
SEEK INFORMAL RESOLU TION OF CHARGES OR C OMPLAINTS. 23
(2) THE BOARD AND THE APPROPR IATE DEPUTY DIRECTOR SHALL 24
MAKE ALL PRACTICAL A ND REASONABLE EFFORT S TO RESOLVE CHARGES AND 25
COMPLAINTS OF UNFAIR LABOR PRACTICES IN A SWIFT MANNER . 26
(D) FOR THE PURPOS ES OF EXAMINATION AN D THE RIGHT TO COPY , THE 27
BOARD AND THE DEPUTY DIRECTORS SHALL AT A LL REASONABLE TIMES HAVE 28
ACCESS TO EVIDENCE O F A PERSON BEING INV ESTIGATED OR PROCEED ED AGAINST 29
THAT RELATES TO A MA TTER UNDER INVESTIGA TION OR IN QUESTION UNDER THIS 30
SECTION. 31
HOUSE BILL 984 41
(E) (1) IF THERE IS A CHARGE OF AN UNFAIR LABOR P RACTICE 1
RESULTING FROM A PAR TY’S CONDUCT IN COLLECT IVE BARGAINING AND T HAT IS 2
ALLEGED TO HAVE AN E FFECT ON THE COURSE OF COLLECTIVE BARGAI NING: 3
(I) THE APPROPRIATE DEPU TY DIRECTOR SHALL DE TERMINE 4
WHETHER THERE IS PRO BABLE CAUSE FOR THE BOARD TO ISSUE A COMP LAINT; 5
(II) IF THE DEPUTY DIRECT OR DETERMINES THERE IS 6
PROBABLE CAUSE , THE BOARD SHALL ISSUE A C OMPLAINT WITHIN 30 DAYS AFTER 7
THE FILING OF TH E CHARGE; AND 8
(III) IF A COMPLAINT IS IS SUED, THE BOARD SHALL RESOLVE 9
THE COMPLAINT AND IS SUE A FINAL DECISION WITHIN 90 DAYS AFTER THE FILIN G 10
OF THE CHARGE . 11
(2) THE BOARD MAY ACCELERATE THE TIME TO RESOLVE CHARGES 12
AND COMPLAINTS IN EX IGENT CIRCUMSTANCES UNDER REGULATIONS ADOPTED BY 13
THE BOARD. 14
(F) (1) THE APPROPRIATE DEPUT Y DIRECTOR SHALL PROSECUTE ANY 15
CHARGE FOR WHICH THE BOARD HAS ISSUED A CO MPLAINT IN A HEARING BEFORE 16
PROVIDE RELEVANT INF ORMATION GATHERED IN THE INVESTIGATION OF A CHARGE 17
OR COMPLAINT OF UNFA IR LABOR PRACTICES T O THE BOARD OR AND THE OFFICE 18
OF ADMINISTRATIVE HEARINGS. 19
(2) (G) THE CHARGING PARTY HA S THE RIGHT TO PARTI CIPATE IN 20
ANY HEARING BEFORE T HE BOARD OR THE OFFICE OF ADMINISTRATIVE 21
HEARINGS. 22
(G) (H) THE BOARD SHALL ACCEPT DOCUMEN TS FILED BY E–MAIL. 23
21–308. 24
(A) IF A PERSON FAILS TO COMPLY WITH AN ORDER ISSUED BY THE BOARD, 25
A MEMBER OF THE BOARD MAY PETITION TH E CIRCUIT COURT TO O RDER THE 26
PERSON TO COMPLY WIT H THE BOARD’S ORDER. 27
(B) THE BOARD MAY NOT BE REQU IRED TO POST BOND IN AN ACTION 28
UNDER SUBSECTION (A) OF THIS SECTION. 29
21–309. 30
(A) THE BOARD IS NOT BOUND BY ANY PRIOR REGULATION , ORDER, 31
ACTION, OPINION, OR DECISION OR ACTION OF THE STATE LABOR RELATIONS 32 42 HOUSE BILL 984
BOARD, THE PUBLIC SCHOOL LABOR RELATIONS BOARD, OR THE STATE HIGHER 1
EDUCATION LABOR RELATIONS BOARD, EXCEPT FOR DECISIONS REGARDING UNIT 2
COMPOSITION UNDER § 21–401(C) § 21–403(C) OF THIS TITLE. 3
(B) THE BOARD IS BOUND BY PRI OR OPINIONS AND DECI SIONS OF A LABOR 4
BOARD LISTED UNDER S UBSECTION (A) OF THIS SECTION. 5
(B) (C) A PRIOR ORDER , ACTION, OPINION, OR DECISION OR ACTION OF A 6
LABOR BOARD LISTED U NDER SUBSECTION (A) OF THIS SECTION OR A NY OTHER 7
BODY MAY BE CONSIDER ED FOR ITS PERSUASIV E VALUE. 8
(C) (D) THE BOARD SHALL BE BOUND BY JUDICIAL ORDERS R EGARDING 9
THE SCOPE OF BARGAIN ING UNDER TITLE 6, SUBTITLES 4 AND 5 OF THE 10
EDUCATION ARTICLE. 11
SUBTITLE 4. ELECTIONS AND CERTIFICATION OF EXCLUSIVE REPRESENTATIVES . 12
21–401. 13
(A) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, THE BOARD 14
SHALL CONDUCT AN ELE CTION FOR AN EXCLUSIVE REP RESENTATIVE OF A 15
BARGAINING UNIT IF : 16
(1) A VALID PETITION IS FILED IN ACCORDANCE WITH § 21–402 OF 17
THIS SUBTITLE; AND 18
(2) THE BARGAINING UNIT INVOLVED IN THE PETI TION IS 19
DETERMINED TO BE AN APPROPRIATE BARGAINI NG UNIT UNDER § 21–403 OF THIS 20
SUBTITLE. 21
(B) THE BOARD MAY NOT CONDUCT AN ELECTION FOR AN E XCLUSIVE 22
REPRESENTATIVE OF A BARGAINING UNIT IF T HE BOARD HAS CONDUCTED A N 23
ELECTION OR CERTIFIE D AN EXCLUSIVE REPRE SENTATIVE FOR THAT B ARGAINING 24
UNIT WITHIN THE IMME DIATELY PRECED ING 12 MONTHS. 25
(C) (1) AN EXCLUSIVE REPRESEN TATIVE OR A BARGAINI NG UNIT IN 26
EXISTENCE ON JUNE 30, 2023: 27
(I) SHALL CONTINUE WITHO UT THE REQUIREMENT O F AN 28
ELECTION AND CERTIFI CATION UNTIL A QUEST ION CONCERNING REPRE SENTATION 29
IS RAISED UNDER THIS TITLE; OR 30
HOUSE BILL 984 43
(II) UNTIL THE BOARD FINDS THE UNIT NOT TO BE 1
APPROPRIATE AFTER CH ALLENGE BY THE PUBLI C EMPLOYER , A MEMBER OF THE 2
UNIT, OR AN EMPLOYEE ORGAN IZATION. 3
(2) (I) THE APPROPRIATENESS O F THE UNIT MAY NOT B E 4
CHALLENGED UNTIL THE EXPIRATION OF ANY CO LLECTIVE BARGAINING 5
AGREEMENT IN EFFECT ON JUNE 30, 2023. 6
(II) THE BOARD MAY NOT MODIFY ANY BARGAINING UNIT 7
DETERMINED UNDER EXI STING LAW. 8
21–402. 9
(A) A PETITION FOR THE ELE CTION OF AN EXCLUSIV E REPRESENTATIVE OF 10
A BARGAINING UNIT MA Y BE FILED WITH TH E BOARD BY: 11
(1) AN EMPLOYEE ORGANIZA TION SEEKING CERTIFI CATION AS AN 12
EXCLUSIVE REPRESENTA TIVE; OR 13
(2) AN EMPLOYEE , A GROUP OF EMPLOYEES , OR AN EMPLOYEE 14
ORGANIZATION SEEKING A NEW ELECTION TO DE TERMINE AN EXCLUSIVE 15
REPRESENTATIVE . 16
(B) A PETITION SHALL: 17
(1) CONTAIN THE INFORMAT ION THE BOARD REQUIRES ; AND 18
(2) BE ACCOMPANIED BY A SHOWING OF INTEREST FORMS FROM 30% 19
OF THE EMPLOYEES IN THE APPROPRIATE UNIT INDICATING THEIR DES IRE TO BE 20
EXCLUSIVELY REPRESEN TED BY THE EXCLUSIVE REPRESENTATIVE NAMED IN THE 21
PETITION FOR THE PUR POSE OF COLLECTIVE B ARGAINING. 22
(C) IF THE BOARD DETERMINES THAT A REQUIRED SHOW ING OF INTEREST 23
IS NOT ADEQUATE , THE BOARD: 24
(1) SHALL ALLOW AT A MIN IMUM AN ADDITIONAL 30 DAYS FOR THE 25
PETITIONER TO SUBMIT ADDITIONAL SHOWING O F INTEREST FORMS AFT ER THE 26
PETITIONER IS NOTIFI ED OF THE DETERMINAT ION; AND 27
(2) MAY, FOR GOOD CAUSE , PROVIDE ADDITIONAL T IME TO THE 28
PETITIONER TO PROVID E ADDITIONAL FORMS . 29
(D) IF A PETITION IS SUPP ORTED BY MORE THAN 50% OF THE PUBLIC 30
EMPLOYEES IN THE BAR GAINING UNIT , THE PUBLIC EMPLOYER SHALL 31 44 HOUSE BILL 984
IMMEDIATELY RECOGNIZ E THE EMPLOYEE ORGAN IZATION AS THE EXCLUSIVE 1
REPRESENTATIVE AND A FFORD TO THE EXCLUSI VE REPRESENTATIVE AN D ITS 2
MEMBERS ALL RIGHTS D UE UNDER THIS TITLE . 3
(E) (1) A PETITION FILED UNDER SUBSECTION (A) OF THIS SECTION 4
SHALL INCLUDE SHOWIN G OF INTEREST FORMS PROVIDED TO THE BOARD FROM AN 5
EMPLOYEE ORGANIZATIO N. 6
(2) THE BOARD SHALL ACCEPT A SHOWING OF INTEREST FORM 7
WHETHER OR NOT THE S IGNATURES ON THE FOR M ARE ELECTRONIC OR 8
HANDWRITTEN . 9
(3) (I) FOR AN ELECTION THAT IS CONDUCTED TO DETE RMINE 10
WHETHER AN EXCLUSIVE REPRESENTATIVE SHOU LD REPRESENT A UNIT , A 11
SHOWING OF INTEREST FORM IS VALID IF THE SIGNATURES WERE COLL ECTED 12
WITHIN THE 18–MONTH PERIOD IMMEDIA TELY PRECEDING THE D ATE ON WHICH A 13
PETITION FOR THE ELE CTION IS FILED. 14
(II) FOR AN ELECTION THAT IS CONDUCTED TO DETE RMINE 15
WHETHER AN EXCLUSIVE REPR ESENTATIVE SHOULD NO LONGER REPRESENT A 16
UNIT, A SHOWING OF INTERES T FORM IS VALID IF T HE SIGNATURES WERE 17
COLLECTED WITHIN THE 90–DAY 9–MONTH PERIOD IMMEDIATELY P RECEDING THE 18
DATE ON WHICH THE PE TITION FOR ELECTION IS FILED. 19
(4) A SHOWING OF INTEREST FORM MAY BE USED BY A PUBLIC 20
EMPLOYEE FOR EACH PU BLIC EMPLOYER THAT E MPLOYS THE PUBLIC EM PLOYEE. 21
(F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A PUBLIC 22
EMPLOYER SHALL PROVI DE TO THE BOARD AND THE EMPLOYE E ORGANIZATION AN 23
ALPHABETICAL LIST OF PUBLI C EMPLOYEES IN EACH BARGAINING UNIT WITH IN 2 24
DAYS AFTER A PETITIO N FOR AN ELECTION IS FILED. 25
(2) THE LIST REQUIRED TO BE PROVIDED UNDER PA RAGRAPH (1) OF 26
THIS SUBSECTION SHAL L: 27
(I) INCLUDE FOR EACH PUB LIC EMPLOYEE ON THE PAYROLL 28
FOR THE LAST PAY PER IOD BEFORE A PETITIO N FOR ELECTION IS FI LED, THE 29
PUBLIC EMPLOYEE ’S: 30
1. NAME; 31
2. POSITION CLASSIFICAT ION; 32
HOUSE BILL 984 45
3. HOME AND WORK SITE A DDRESSES WHERE THE 1
EMPLOYEE RECEIVES IN TEROFFICE OR UNITED STATES MAIL; 2
4. HOME AND WORK SITE TELEPHONE NUMBE RS; 3
5. PERSONAL CELL PHONE NUMBER; AND 4
6. WORK E–MAIL ADDRESS ; AND 5
(II) IDENTIFY EACH PUBLIC EMPLOYEE THAT SHOULD BE 6
EXCLUDED AS AN ELIGI BLE VOTER WITH A STA TEMENT EXPLAINING TH E REASON 7
FOR THE EXCLUSION . 8
(3) A PUBLIC EMPLOYER MAY NOT CHA LLENGE THE ELIGIBILI TY OF 9
A PUBLIC EMPLOYEE ’S VOTE IN AN ELECTIO N IF THE EMPLOYER FA ILS TO EXPLAIN 10
AS REQUIRED UNDER PA RAGRAPH (2) OF THIS SUBSECTION T HE REASON FOR 11
EXCLUDING A PUBLIC E MPLOYEE UNDER THIS S UBSECTION. 12
(4) ON APPLICATIO N BY A PUBLIC EMPLOY ER OR AN EMPLOYEE 13
ORGANIZATION , THE BOARD MAY DETERMINE T HAT A PUBLIC EMPLOYE R SHALL BE 14
DESIGNATED AS A JOIN T PUBLIC EMPLOYER OF A PUBLIC EMPLOYEE WI THIN A 15
BARGAINING UNIT UNDE R THIS SUBTITLE WHEN THE DESIGNATION WOUL D BEST 16
EFFECTUATE T HE PURPOSES OF THIS TITLE. 17
21–403. 18
(A) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, TITLE 6, 19
SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, TITLE 16, SUBTITLE 7 OF THE 20
EDUCATION ARTICLE, OR TITLE 3 OF THE STATE PERSONNEL AND PENSIONS 21
ARTICLE, THE BOARD SH ALL DETERMINE THE AP PROPRIATENESS OF EAC H 22
BARGAINING UNIT . 23
(2) IF THERE IS NO DISPUT E ABOUT THE APPROPRI ATENESS OF THE 24
ESTABLISHMENT OF THE BARGAINING UNIT , THE BOARD SHALL ISSUE AN ORDER 25
DEFINING AN APPROPRI ATE BARGAINING UNIT . 26
(3) IF THERE IS A DISPUTE ABOUT THE AP PROPRIATENESS OF THE 27
ESTABLISHMENT OF THE BARGAINING UNIT , THE BOARD SHALL: 28
(I) CONDUCT A HEARING ; AND 29
(II) ISSUE AN ORDER DEFIN ING AN APPROPRIATE B ARGAINING 30
UNIT. 31
46 HOUSE BILL 984
(B) IF THE APPROPRIATE BA RGAINING UNIT AS DET ERMINED BY THE 1
BOARD DIFFERS FROM TH E BARGAINING UNIT DE SCRIBED IN THE PETIT ION, THE 2
BOARD MAY: 3
(1) DISMISS THE PETITION ; OR 4
(2) DIRECT AN ELECTION I N THE APPROPRIATE BA RGAINING UNIT IF 5
AT LEAST 30% OF THE SIGNATURES IN CLUDED IN THE PETITI ON ARE OF EMPLOYEES 6
IN THE APPROPRIATE BARGAINI NG UNIT. 7
(C) A BARGAINING UNIT MAY CONSIST ONLY OF PUBL IC EMPLOYEES. 8
21–404. 9
EACH EMPLOYEE ORGANIZ ATION THAT SEEKS CER TIFICATION AS AN 10
EXCLUSIVE REPRESENTA TIVE SHALL FILE WITH THE BOARD: 11
(1) A COPY OF THE EMPLOY EE ORGANIZATION ’S GOVERNING 12
DOCUMENTS THAT : 13
(I) GIVE INDIVIDUAL MEMB ERS THE RIGHT TO PAR TICIPATE IN 14
ACTIVITIES OF THE OR GANIZATION; 15
(II) REQUIRE PERIODIC ELE CTIONS BY SECRET BAL LOT THAT 16
ARE CONDUCTED WITH R ECOGNIZED SAFEGUARDS TO ENSURE THE EQUAL RIGHTS 17
OF ALL MEM BERS TO NOMINATE , SEEK OFFICE, AND VOTE IN THE ELEC TIONS; AND 18
(III) DIRECT FULL AND ACCU RATE ACCOUNTING OF A LL INCOME 19
AND EXPENSES USING S TANDARD ACCOUNTING M ETHODS; AND 20
(2) A CERTIFICATION THAT THE EMPLOYEE ORGANIZ ATION ACCEPTS 21
MEMBERS WITHOUT REGARD TO ANY CHARAC TERISTIC LISTED IN § 21–201(D) OF 22
THIS TITLE. 23
21–405. 24
(A) (1) WITHIN 5 DAYS AFTER DETERMINI NG THAT A VALID PETI TION HAS 25
BEEN SUBMITTED UNDER § 21–402 OF THIS SUBTITLE , THE BOARD SHALL NOTIFY 26
INTERESTED EMPLOYEE ORGANIZATIONS OF THE PENDING ELECTION PETI TION. 27
(2) WITHIN 10 DAYS AFTER DETERMINI NG THAT A VALID PETI TION 28
HAS BEEN SUBMITTED U NDER § 21–402 OF THIS SUBTITLE, THE PUBLIC EMPLOYER , 29
AS APPROPRIATE , SHALL MAKE AVAILABLE TO ALL INTERESTED EM PLOYEE 30
ORGANIZATIONS REASON ABLE AND EQ UIVALENT MEANS TO CO MMUNICATE BY MAIL 31 HOUSE BILL 984 47
AND IN PERSON WITH E ACH EMPLOYEE IN THE APPROPRIATE BARGAINI NG UNIT FOR 1
THE PURPOSE OF SOLIC ITING THE EMPLOYEE ’S VOTE IN AN ELECTIO N HELD UNDER 2
THIS SECTION. 3
(B) AN ELECTION SHALL BE HELD IN A BARGAINING UNIT WITHIN 90 DAYS 4
AFTER THE FILING OF A VALID PETITION FOR ELECTION IN THE BARG AINING UNIT 5
IN ACCORDANCE WITH G UIDELINES ESTABLISHE D BY THE BOARD. 6
(C) (1) (I) THE BOARD SHALL CONDUCT T HE ELECTION: 7
1. BY SECRET BALLOT ; AND 8
2. SUBJECT TO SUBPARAGR APH (II) OF THIS 9
PARAGRAPH , IN WHOLE OR IN PART BY IN–PERSON VOTING , MAIL, OR AN 10
ELECTRONIC VOTING SY STEM. 11
(II) THE BOARD MAY DESIGNATE T HE TIME PERIOD FOR 12
IN–PERSON VOTING UNDER SUBPARAGRAPH (III) OF THIS PARAGRAPH ON LY AFTER 13
CONSULTING WITH THE PUBLIC EMPLOY ER AND EMPLOYEE ORGA NIZATIONS ON THE 14
BALLOT. 15
(III) 1. THE BOARD SHALL ALLOW AT LEAST 10 DAYS OF 16
VOTING FOR AN ELECTI ON CONDUCTED UNDER S UBPARAGRAPH (I) OF THIS 17
PARAGRAPH , UNLESS AN EMPLOYEE O RGANIZATION ON THE B ALLOT REQUESTS AN 18
EXTENSION. 19
2. IF THE VOTING SYSTEM IS INOPERABLE, THE BOARD 20
MAY EXTEND THE TIME PERIOD FOR VOTING . 21
(2) (I) AN EMPLOYEE ORGANIZAT ION ON A BALLOT MAY REQUEST 22
A PREFERRED METHOD O F VOTING AT THE TIME A PETITION FOR ELECT ION IS FILED 23
WITH THE BOARD. 24
(II) EXCEPT AS PROVID ED IN SUBPARAGRAPH (III) OF THIS 25
PARAGRAPH , THE BOARD SHALL DESIGNATE THE METHOD OF VOTING BASED ON 26
THE REQUESTS OF THE EMPLOYEE ORGANIZATIO NS ON THE BALLOT . 27
(III) IF THERE IS A DISPUTE BETWEEN TWO OR MORE EMPLOYEE 28
ORGANIZATIONS ON THE BALLOT OVER THE METHOD OF VOTING , THE BOARD MAY 29
DESIGNATE THE METHOD OF VOTING. 30
(3) THE BOARD SHALL PLACE THE FOLLOWING CHOICES ON THE 31
BALLOT: 32
48 HOUSE BILL 984
(I) THE NAME OF THE EXCL USIVE REPRESENTATIVE , IF ANY; 1
(II) THE NAME OF THE EMPL OYEE ORGANIZATION DE SIGNATED 2
IN THE PETITION FILED UNDER § 21–402 OF THIS SUBTITLE WIT H RESPECT TO AN 3
APPROPRIATE BARGAINI NG UNIT; 4
(III) THE NAME OF EACH EMP LOYEE ORGANIZATION 5
DESIGNATED IN A PETI TION FILED WITH THE BOARD, WITHIN 15 DAYS OF NOTICE OF 6
THE PENDING ELECTION PETITION, THAT INCLUDES THE SIGNATURES OF AT LEAST 7
10% OF THE EMPLOYEES IN THE APPROPRIATE BARG AINING UNIT; AND 8
(IV) A PROVISION FOR “NO EXCLUSIVE REPRESE NTATIVE”. 9
(D) IF NONE OF THE CHOICE S ON A BALLOT RECEIV ES A MAJORITY OF THE 10
VOTES CAST IN AN ELE CTION, THE BOARD SHALL CONDUCT A RUNOFF ELECTION 11
BETWEEN THE CHOICES THAT RECEIVED THE TW O HIGHEST NUMBER OF VOTES IN 12
THE ELECTION . 13
21–406. 14
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , THE 15
BOARD SHALL CERTIFY A S EXCLUSIVE REPRESEN TATIVE THE EMPLOYEE 16
ORGANIZAT ION RECEIVING THE VO TES IN AN ELECTION F ROM A MAJORITY OF TH E 17
EMPLOYEES VOTING IN THE ELECTION . 18
(B) AFTER NOTICE AND AN O PPORTUNITY FOR A HEA RING, THE BOARD MAY 19
DENY OR REVOKE CERTI FICATION AS EXCLUSIV E REPRESENTATIVE OF AN 20
EMPLOYEE ORGANIZATIO N FOR WILLFUL FAILURE TO COMPL Y WITH THIS TITLE. 21
(C) NOTWITHSTANDING ANY O THER PROVISION OF TH IS SUBTITLE, THE 22
BOARD SHALL CERTIFY T HE EMPLOYEE ORGANIZA TION AS THE EXCLUSIV E 23
REPRESENTATIVE WITHO UT AN ELECTION IF : 24
(1) A PETITION FOR AN EX CLUSIVE REPRESENTATI VE HAS BEEN 25
FILED FOR A BARGAINI NG UNIT; 26
(2) THE BOARD FINDS THAT A MA JORITY OF THE EMPLOY EES IN THE 27
BARGAINING UNIT HAVE SIGNED VALID AUTHORI ZATIONS DESIGNATING THE 28
EMPLOYEE ORGANIZATIO N AS THEIR EXCLUSIVE REPRESENTATIVE ; AND 29
(3) NO OTHER EMPLOYEE OR GANIZATION IS CURRENTL Y CERTIFIED 30
OR RECOGNIZED AS THE EXCLUSIVE REPRESENTA TIVE OF THE BARGAINI NG UNIT. 31
21–407. 32 HOUSE BILL 984 49
NAMES OR LISTS OF EMP LOYEES PROVIDED TO T HE BOARD IN CONNECTION 1
WITH AN ELECTION UND ER THIS SUBTITLE ARE NOT SUBJECT TO DISCL OSURE IN 2
ACCORDANCE WITH TITLE 4 OF THE GENERAL PROVISIONS ARTICLE. 3
SUBTITLE 5. COLLECTIVE BARGAINING. 4
21–501. 5
(A) REPRESENTATIVES OF PU BLIC EMPLOYERS AND E XCLUSIVE 6
REPRESENTATIVES SHAL L MEET AT REASONABLE TIMES AND ENGAGE IN 7
COLLECTIVE BARGAININ G IN GOOD FAITH AND TO CONCLUDE A WR ITTEN 8
MEMORANDUM OF UNDERS TANDING OR OTHER NEG OTIATED AGREEMENT IN 9
ACCORDANCE WITH TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, TITLE 10
16, SUBTITLE 7 OF THE EDUCATION ARTICLE, OR TITLE 3 OF THE STATE 11
PERSONNEL AND PENSIONS ARTICLE. 12
(B) EACH NEGOTIATED AGREE MENT BETWEEN A PUBLI C EMPLOYER AND 13
AN EXCLUSIVE REPRESE NTATIVE SHALL CONTAI N A PROCEDURE BY WHI CH A 14
DISPUTE REGARDING TH E TERMS AND APPLICAT IONS OF THE NEGOTIAT ED 15
AGREEMENT MAY BE RES OLVED BY AN IMPARTIA L ARBITER IN A PROCE EDING 16
WHICH BINDS BOTH THE PUBLIC EMPLOYER AND THE EMPLOYEE ORGANIZ ATION TO 17
THE RESULT. 18
21–502. 19
(A) THIS SECTION APPLIES TO EMPLOYEE ORGANIZA TIONS EXCLUSIVE 20
REPRESENTATIVES THAT REPRESENT PUBLI C EMPLOYEES ENTITLED TO USE THE 21
GRIEVANCE AND APPEAL PROCEDURES ESTABLISHED UNDER : 22
(1) TITLES 11 AND 12 OF THE STATE PERSONNEL AND PENSIONS 23
ARTICLE; 24
(2) TITLE 13, SUBTITLE 2 OF THE EDUCATION ARTICLE; 25
(3) § 14–302, § 14–408, OR § 16–510 OF THE EDUCATION ARTICLE; OR 26
(4) § 2–103.4(D) OF THE TRANSPORTATION ARTICLE. 27
(B) IF MEMBERS OF AN EMPL OYEE ORGANIZATION REPRESENTATIVE 28
REPRESENTS PUBLIC EM PLOYEES WHO ARE ENTITLED TO RAIS E GRIEVANCES OF 29
PUBLIC EMPLOYER ACTI ONS UNDER THE GRIEVA NCE AND APPEAL PROCE DURES 30
ESTABLISHED UNDER A PROVISION OF LAW LIS TED UNDER SUB SECTION (A) OF THIS 31
SECTION, THE GRIEVANCE AND AP PEAL PROCEDURES SHAL L SERVE AS THE 32 50 HOUSE BILL 984
PROCEDURE FOR THE RE SOLUTION OF DISPUTES REGARDING THE TERMS AND 1
APPLICATION OF MEMOR ANDA OF UNDERSTANDIN G, NEGOTIATED AGREEMENT S, 2
OR OTHER FINAL WRITT EN AGREEMENTS , TO WHICH EMPLOYEE ORGANIZATIONS 3
ARE THE EXCLUSIVE REPRES ENTATIVE IS A PARTY. 4
(C) AN EXCLUSIVE REPRESEN TATIVE MAY GRIEVE AL LEGED VIOLATIONS 5
OF A MEMORANDUM OF U NDERSTANDING , NEGOTIATED AGREEMENT , OR OTHER 6
FINAL WRITTEN AGREEM ENT, AS THE REAL PARTY IN INTEREST UNDER A 7
GRIEVANCE PROCEDURE ESTABLISHED UNDER A PROVISION OF LAW LIS TED UNDER 8
SUBSECTION (A) OF THIS SECTION. 9
(D) THE OFFICE OF ADMINISTRATIVE HEARINGS SHALL HAVE 10
JURISDICTION TO RESO LVE ANY DISPUTE REGA RDING A MEMORANDUM O F 11
UNDERSTANDING , NEGOTIATED AGR EEMENT, OR OTHER FINAL WRITT EN 12
AGREEMENT , WHEN GRIEVED THROUGH A GRIEVANCE PROCEDUR E CITED IN 13
SUBSECTION (A) OF THIS SECTION. 14
SUBTITLE 6. SHORT TITLE. 15
21–601. 16
THIS TITLE MAY BE CIT ED AS THE MARYLAND PUBLIC EMPLOYEE RELATIONS 17
ACT. 18
Article – State Personnel and Pensions 19
3–101. 20
(a) In this title the following words have the meanings indicated. 21
(b) “Board” means[: 22
(1) with regard to any matter relating to employees of any of the units of 23
State government described in § 3–102(a)(1)(i) through (iv) and (vi) through (xii) of this 24
subtitle and employees described in § 3–102(a)(2) and (3) of this subtitle, the State Labor 25
Relations Board; and 26
(2) with regard to any matter relating to employees of any State institution 27
of higher education described in § 3–102(a)(1)(v) of this subtitle, the State Higher Education 28
Labor Relations Board] THE PUBLIC EMPLOYEE RELATIONS BOARD. 29
(c) “Chancellor” has the meaning stated in § 12–101 of the Education Article. 30
(d) “Collective bargaining” means: 31
HOUSE BILL 984 51
(1) good faith negotiations by authorized representatives of employees and 1
their employer with the intention of: 2
(i) 1. reaching an agreement about wages, hours, and other 3
terms and conditions of employment; and 4
2. incorporating the terms of the agreement in a written 5
memorandum of understanding or other written understanding; or 6
(ii) clarifying terms and conditions of employment; 7
(2) administration of terms and conditions of employment; or 8
(3) the voluntary adjustment of a dispute or disagreement between 9
authorized representatives of employees and their employer that arises under a 10
memorandum of understanding or other written understanding. 11
(e) “Employee organization” [means a labor or other organization in which State 12
employees participate and that has as one of its primary purposes representing employees] 13
HAS THE MEANING STAT ED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE. 14
(f) “Exclusive representative” [means an employee organization that has been 15
certified by the Board as an exclusive representative under Subtitle 4 of this title] HAS THE 16
MEANING STATED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE. 17
(g) (1) “Faculty at the Maryland School for the Deaf” means employees who 18
have been granted the following status by the Board of Trustees of the Maryland School for 19
the Deaf: 20
(i) after–school program counselors; 21
(ii) American Sign Language specialists; 22
(iii) athletic trainers; 23
(iv) behavior specialists; 24
(v) clerical aides; 25
(vi) dorm counselors; 26
(vii) employment specialists; 27
(viii) instructional technology resource specialists; 28
(ix) librarians; 29 52 HOUSE BILL 984
(x) literacy and reading specialists; 1
(xi) occupational therapists; 2
(xii) orientation and mobility specialists; 3
(xiii) physical therapists; 4
(xiv) school counselors; 5
(xv) school IEP coordinators; 6
(xvi) school nurses; 7
(xvii) school social workers; 8
(xviii) speech–language pathologists; 9
(xix) student support specialists; 10
(xx) teachers; 11
(xxi) teacher aides; 12
(xxii) transition coordinators; and 13
(xxiii) work–to–learn specialists. 14
(2) “Faculty at the Maryland School for the Deaf” does not include officers 15
or supervisory employees at the Maryland School for the Deaf. 16
(h) “President” means: 17
(1) with regard to a constituent institution, as defined in § 12–101 of the 18
Education Article, the president of the constituent institution; 19
(2) with regard to a center or institute, as those terms are defined in § 20
12–101 of the Education Article, the president of the center or institute; 21
(3) with regard to the University System of Maryland Office, the 22
Chancellor of the University System of Maryland; and 23
(4) with regard to Morgan State University, St. Mary’s College of 24
Maryland, and Baltimore City Community College, the president of the institution. 25
(i) “System institution” means: 26 HOUSE BILL 984 53
(1) a constituent institution, as defined in § 12–101 of the Education 1
Article; 2
(2) a center or institute, as those terms are defined in § 12–101 of the 3
Education Article; and 4
(3) the University System of Maryland Office. 5
3–102. 6
(C) EMPLOYEES, EMPLOYERS , AND EXCLUSIVE REPRES ENTATIVES 7
SUBJECT TO THIS TITL E ARE SUBJECT TO THE P ROVISIONS OF TITLE 21 OF THE 8
STATE GOVERNMENT ARTICLE. 9
(D) (1) SUBJECT TO TITLE 21, SUBTITLE 4 OF THE STATE GOVERNMENT 10
ARTICLE, A BARGAINING UNIT SH ALL CONSIST ONLY OF EMPLOYEES DEFINED IN 11
REGULATIONS ADOPTED BY THE SECRETARY AND NOT SPE CIFICALLY EXCLUDED B Y 12
SUBSECTION (B) OF THIS SECTION. 13
(2) (I) EACH SYSTEM INSTITUTI ON, MORGAN STATE UNIVERSITY, 14
ST. MARY’S COLLEGE OF MARYLAND, AND BALTIMORE CITY COMMUNITY COLLEGE 15
SHALL HAVE SEPARATE BARGAINING UNITS . 16
(II) APPROPRIATE BARGAININ G UNITS SHALL CONSIS T OF: 17
1. ALL ELIGIBLE NONEXEM PT EMPLOYEES , AS 18
DESCRIBED IN THE FED ERAL FAIR LABOR STANDARDS ACT, EXCEPT ELIGIBLE 19
SWORN POLICE OFFICER S; 20
2. ALL ELIGIBLE EXEMPT EMPLOYEES, AS DESCRIBED IN 21
THE FEDERAL FAIR LABOR STANDARDS ACT; AND 22
3. ALL ELIGIBLE SWORN P OLICE OFFICERS . 23
(3) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 24
PARAGRAPH , THE SECRETARY OR THE SECRETARY’S DESIGNEE SHALL HAV E THE 25
AUTHORITY TO ASSIGN CLASSIFICATION TITLE S AND POSITIONS TO B ARGAINING 26
UNITS AS APPROPRIATE . 27
(II) THE FOLLOWING INDIVID UALS AND ENTITIES SH ALL 28
ASSIGN CLASSIFICATIO N TITLES AND POSITIO NS TO BARGAINING U NITS AT THE 29
FOLLOWING INSTITUTIO NS: 30
54 HOUSE BILL 984
1. AT A SYSTEM INSTITUT ION, THE PRESIDENT OF THE 1
SYSTEM INSTITUTION ; AND 2
2. AT MORGAN STATE UNIVERSITY, ST. MARY’S 3
COLLEGE OF MARYLAND, OR BALTIMORE CITY COMMUNITY COLLEGE, THE 4
GOVERNING BOARD OF T HE INSTITUTIO N. 5
(4) NOTWITHSTANDING ANY O THER PROVISION OF LA W: 6
(I) MARYLAND TRANSPORTATION AUTHORITY POLICE 7
OFFICERS AT THE RANK OF FIRST SERGEANT AN D BELOW SHALL HAVE A SEPARATE 8
BARGAINING UNIT ; AND 9
(II) FACULTY AT THE MARYLAND SCHOOL FOR THE DEAF 10
SHALL HAVE A SEPARATE BARG AINING UNIT. 11
3–501. 12
(e) (1) [Negotiations] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 13
SUBSECTION, NEGOTIATIONS for a memorandum of understanding shall be considered 14
closed sessions under § 3–305 of the General Provisions Article. 15
(2) AN EXCLUSIVE REPRESEN TATIVE MAY NOT BE CO NSIDERED A 16
PUBLIC BODY UNDER § 3–101 OF THE GENERAL PROVISIONS ARTICLE. 17
3–502. 18
(a) Collective bargaining shall include all matters relating to: 19
(1) wages, hours, and other terms and conditions of employment; and 20
(2) the time and manner of access to a new employee program [as required 21
under § 3–307 of this title] IN ACCORDANCE WITH § 21–207 OF THE STATE 22
GOVERNMENT ARTICLE. 23
(b) [(1) Collective bargaining may include negotiations relating to the right of 24
an employee organization to receive service fees from nonmembers. 25
(2) An employee whose religious beliefs are opposed to joining or financially 26
supporting any collective bargaining organization is: 27
(i) not required to pay a service fee; and 28
(ii) required to pay an amount of money as determined in collective 29
bargaining negotiations, not to exceed any service fee negotiated under paragraph (1) of 30 HOUSE BILL 984 55
this subsection, to any charitable organization exempt from taxation under § 501(c)(3) of 1
the Internal Revenue Code and to furnish written proof of the payment to: 2
1. A. the Department; 3
B. in the case of an employee of the Maryland Environmental 4
Service, the Board of Directors of the Service; or 5
C. in the case of an employee of an institution of higher 6
education specified in § 3–102(a)(1)(v) of this title, the President of the institution or the 7
President’s designee; and 8
2. the exclusive representative. 9
(c)] Notwithstanding subsection (a) of this section, the representatives of the 10
State, the Maryland Environmental Service, a system institution, Morgan State 11
University, St. Mary’s College of Maryland, and Baltimore City Community College: 12
(1) [shall] MAY not be required to negotiate over any matter that is 13
inconsistent with applicable law; and 14
(2) may negotiate and reach agreement with regard to any such matter 15
only if it is understood that the agreement with respect to such matter cannot become 16
effective unless the applicable law is amended by the General Assembly. 17
SECTION 5. AND BE IT FURTHER ENACTED, That the terms of the members of 18
the Public Employee Relations Board shall expire as follows: 19
(1) one member appointed under § 21–302(a)(2) of the State Government 20
Article, as enacted by Section 3 of this Act, and one member appointed under § 21–302(a)(3) 21
of the State Government Article, as enacted by Section 3 of this Act, on June 30, 2025; 22
(2) 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, 2029; and 25
(3) the chair appointed under § 21–302(a)(1) of the State Government 26
Article, as enacted by Section 4 of this Act, on June 30, 2027. 27
SECTION 6. AND BE IT FURTHER ENACTED, That: 28
(a) The Public Employee Relations Board shall be the successor to the State Labor 29
Relations Board, State Higher Education Labor Relations Board, and Public School Labor 30
Relations Board, and shall have all powers and duties granted by law to those boards. 31
(b) Any investigation, litigation, or other action pending before the State Labor 32
Relations Board, State Higher Education Labor Relations Board, and Public School Labor 33 56 HOUSE BILL 984
Relations Board on June 30, 2023 shall continue before the Public Employee Relations 1
Board. 2
SECTION 7. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 3
the application thereof to any person or circumstance is held invalid for any reason in a 4
court of competent jurisdiction, the invalidity does not affect other provisions or any other 5
application of this Act that can be given effect without the invalid provision or application, 6
and for this purpose the provisions of this Act are declared severable. 7
SECTION 8. AND BE IT FURTHER ENACTED, That this Act shall take effect July 8
1, 2023. 9
Approved:
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Governor.
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Speaker of the House of Delegates.
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President of the Senate.