MD
Maryland House Bill HB984

Maryland 2023 Regular Session

Maryland House Bill HB984 Compare Versions

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1- WES MOORE, Governor Ch. 114
2-
3-– 1 –
4-Chapter 114
5-(House Bill 984)
6-
7-AN ACT concerning
8-
9-Public Employee Relations Act
10-
11-FOR the purpose of consolidating and altering certain laws governing collective bargaining
12-for certain public employees, including laws related to the establishment of
13-bargaining units, elections and certification of exclusive representatives, employee
14-and employer rights, unfair labor practices, and strikes and lockouts; establishing
15-the Public Employee Relations Board to oversee collective bargaining activities for
16-certain public employees; repealing the State Labor Relations Board, the State
17-Higher Education Labor Relations Board, and the Public School Labor Relations
18-Board; establishing that certain grievance procedures for State employees serve as
19-a certain procedure for certain disputes between certain parties; requiring the Office
20-of Administrative Hearings to resolve certain disputes regarding a certain
21-memorandum of understanding or written agreement under certain circumstances;
22-and generally relating to collective bargaining for public employees.
23-
24-BY repealing
25- Article – Education
26-Section 6–403, 6–406, 6–407, 6–407.2, 6–409 through 6–411, 6–504, 6–506, 6–507,
27-6–509, 6–509.2, and 6–512 through 6–514; 6–801 through 6–807 and the
28-subtitle “Subtitle 8. Public School Labor Relations Board”; and 16–704
29-through 16–706, 16–710, 16–712, 16–714, and 16–715
30- Annotated Code of Maryland
31- (2022 Replacement Volume)
32-
33-BY repealing
34- Article – State Personnel and Pensions
35-Section 3–201 through 3–209 and the subtitle “Subtitle 2. State Labor Relations
36-Board”; 3–2A–01 through 3–2A–09 and the subtitle “Subtitle 2A. State Higher
37-Education Labor Relations Board”; 3–301 through 3–307 and the subtitle
38-“Subtitle 3. Rights of Employees and Employers; Strikes, Lockouts, and
39-Unfair Labor Practices Prohibited”; and 3–401 through 3–407 and the subtitle
40-“Subtitle 4. Election and Certification of Exclusive Representative”
41- Annotated Code of Maryland
42- (2015 Replacement Volume and 2022 Supplement)
43-
44-BY renumbering
45- Article – Education
46-Section 6–404, 6–405, 6–407.1, 6–408, 6–408.1, 6–505, 6–508, 6–509.1, 6–510,
47-16–707, 16–708, 16–709, 16–711, and 16–713
48-to be Section 6–403, 6–404, 6–405, 6–406, 6–407, 6–504, 6–505, 6–506, 6–507,
49-16–704, 16–705, 16–706, 16–707, and 16–708, respectively Ch. 114 2023 LAWS OF MARYLAND
50-
51-– 2 –
52- Annotated Code of Maryland
53- (2022 Replacement Volume)
54-
55-BY repealing and reenacting, with amendments,
56- Article – Education
57-Section 2–205(e)(4), 6–401, 6–402, 6–501, 6–503, 9.5–703(c)(2) and (3), 16–701,
58-16–702, and 16–703
59- Annotated Code of Maryland
60- (2022 Replacement Volume)
61-
62-BY repealing and reenacting, with amendments,
63- Article – Education
64-Section 6–403, 6–404, 6–406(c)(3), 6–405, 6–504, 6–505, 6–507(c)(3), 6–506, and
65-16–708
66- Annotated Code of Maryland
67- (2022 Replacement Volume)
68- (As enacted by Section 3 of this Act)
69-
70-BY repealing and reenacting, with amendments,
71- Article – Health – General
72-Section 15–903(c)(2) and (3)
73- Annotated Code of Maryland
74- (2019 Replacement Volume and 2022 Supplement)
75-
76-BY adding to
77- Article – State Government
78-Section 21–101 through 21–601 to be under the new title “Title 21. Public Employee
79-Relations”
80- Annotated Code of Maryland
81- (2021 Replacement Volume and 2022 Supplement)
82-
83-BY repealing and reenacting, with amendments,
84- Article – State Personnel and Pensions
85-Section 3–101, 3–501(e), and 3–502
86- Annotated Code of Maryland
87- (2015 Replacement Volume and 2022 Supplement)
88-
89-BY adding to
90- Article – State Personnel and Pensions
91-Section 3–102(c) and (d)
92- Annotated Code of Maryland
93- (2015 Replacement Volume and 2022 Supplement)
94-
95- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
96-That Section(s) 6–403, 6–406, 6–407, 6–407.2, 6–409 through 6–411, 6–504, 6–506, 6–507,
97-6–509, 6–509.2, 6–512 through 6–514; 6–801 through 6–807 and the subtitle “Subtitle 8. WES MOORE, Governor Ch. 114
98-
99-– 3 –
100-Public School Labor Relations Board”; and 16–704 through 16–706, 16–710, 16–712,
101-16–714, and 16–715 of Article – Education of the Annotated Code of Maryland be repealed.
102-
103- SECTION 2 AND BE IT FURTHER ENACTED, That Section(s) 3 –201 through
104-3–209 and the subtitle “Subtitle 2. State Labor Relations Board”; 3–2A–01 through
105-3–2A–09 and the subtitle “Subtitle 2A. State Higher Education Labor Relations Board”;
106-3–301 through 3–307 and the subtitle “Subtitle 3. Rights of Employees and Employers;
107-Strikes, Lockouts, and Unfair Labor Practices Prohibited”; and 3–401 through 3–407 and
108-the subtitle “Subtitle 4. Election and Certification of Exclusive Representative” of Article –
109-State Personnel and Pensions of the Annotated Code of Maryland be repealed.
110-
111- SECTION 3. AND BE IT FURTHER E NACTED, That Section(s) 6–404, 6–405,
112-6–407.1, 6–408, 6–408.1, 6–505, 6–508, 6–509.1, 6–510, 16–707, 16–708, 16–709, 16–711,
113-and 16–713 of Article – Education of the Annotated Code of Maryland be renumbered to be
114-Section(s) 6–403, 6–404, 6–405, 6–406, 6–407, 6–504, 6–505, 6–506, 6–507, 16–704, 16–705,
115-16–706, 16–707, and 16–708, respectively.
116-
117- SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
118-as follows:
119-
120-Article – Education
121-
122-2–205.
123-
124- (e) (4) (i) The Public [School Labor] EMPLOYEE Relations Board shall
125-decide any controversy or dispute arising under Title 6, Subtitle 4 or Subtitle 5 of this
126-article.
127-
128- (ii) A decision of the Public [School Labor] EMPLOYEE Relations
129-Board is final.
130-
131-6–401.
132-
133- (a) In this subtitle the following words have the meanings indicated.
134-
135- (b) “Board” means the Public [School Labor] EMPLOYEE Relations Board
136-[established under Subtitle 8 of this title].
137-
138- (b–1) “Day” means a calendar day unless otherwise indicated.
139-
140- (c) “Employee organization” [means an organization that:
141-
142- (1) Includes certificated employees of a public school employer or
143-individuals of equivalent status in Baltimore City; and
144- Ch. 114 2023 LAWS OF MARYLAND
145-
146-– 4 –
147- (2) Has as one of its main purposes the representation of the employees in
148-their relations with that public school employer] HAS THE MEANING STAT ED IN § 21–101
149-OF THE STATE GOVERNMENT ARTICLE.
150-
151- (d) (1) “Home and hospital teacher” means a teacher employed by a public
152-school employer to provide instructional services to a public school student who is unable
153-to function effectively in the classroom setting due to the student’s medical, physical, or
154-emotional condition.
155-
156- (2) A home and hospital teacher may teach in:
157-
158- (i) A private home;
159-
160- (ii) A hospital;
161-
162- (iii) A therapeutic center;
163-
164- (iv) A school; or
165-
166- (v) Any other appropriate site.
167-
168- (d–1) “New employee processing” means the process for a newly hired public school
169-employee, whether in person, online, or through other means, in which new employees are
170-advised of their employment status, rights, benefits, duties, responsibilities, and other
171-employment–related matters.
172-
173- (e) (1) “Public school employee” means a certificated professional individual
174-who is employed by a public school employer or an individual of equivalent status in
175-Baltimore City, except for a county superintendent or an individual designated by the
176-public school employer to act in a negotiating capacity as provided in § 6–408(c) of this
177-subtitle.
178-
179- (2) In Montgomery County, “public school employees” include:
180-
181- (i) Certificated and noncertificated substitute teachers employed by
182-the public school employer for at least 7 days before March 1 of the school fiscal year ending
183-June 30, 1978, and each year after; and
184-
185- (ii) Home and hospital teachers employed by the public school
186-employer for at least 7 days before March 1 of the school fiscal year ending June 30, 2000,
187-and each year after.
188-
189- (3) In Baltimore County, “public school employee” includes a secondary
190-school nurse, an elementary school nurse, and a special school nurse.
191- WES MOORE, Governor Ch. 114
192-
193-– 5 –
194- (4) In Frederick County, “public school employee” includes a social worker
195-employed by a public school employer.
196-
197- (5) In Prince George’s County, “public school employee” includes home and
198-hospital teachers and Junior Reserve Officer Training Corps (JROTC) instructors.
199-
200- (6) In Baltimore County, Calvert County, Charles County, and Garrett
201-County, “public school employee” includes Junior Reserve Officer Training Corps (JROTC)
202-instructors.
203-
204- (7) In Carroll County, “public school employee” includes:
205-
206- (i) A registered nurse;
207-
208- (ii) Supervisory noncertificated employees as defined under §
209-6–501(i) of this title; and
210-
211- (iii) Junior Reserve Officer Training Corps (JROTC) instructors.
212-
213- (f) “Public school employer” means a county board of education or the Baltimore
214-City Board of School Commissioners.
215-
216-6–402.
217-
218- (a) Public school employees may form, join, and participate in the activities of
219-employee organizations of their own choice for the purpose of being represented on all
220-matters that relate to salaries, wages, hours, and other working conditions.
221-
222- [(b) An employee organization may establish reasonable:
223-
224- (1) Restrictions as to who may join; and
225-
226- (2) Provisions for the dismissal of individuals from membership.]
227-
228- (B) PUBLIC SCHOOL EMPLOYE ES, PUBLIC SCH OOL EMPLOYERS , AND
229-EXCLUSIVE REPRESENTA TIVES ARE SUBJECT TO THE PROVISIONS OF TITLE 21 OF
230-THE STATE GOVERNMENT ARTICLE.
231-
232-6–403.
233-
234- (a) [Each public school employer shall designate, as provided in this subtitle,
235-which employee organization, if any, shall be the exclusive representative of all public
236-school employees in a specified unit in the county.
237- Ch. 114 2023 LAWS OF MARYLAND
238-
239-– 6 –
240- (b) (1) Except as provided in paragraph (2) of this subsection, the public school
241-employer shall determine the composition of the unit in negotiation with any employee
242-organization that requests negotiation concerning the composition of the unit.
243-
244- (2)] In St. Mary’s County, licensed registered school nurses, Junior Reserve
245-Officers’ Training Corps (JROTC) teachers, and supervisory noncertificated employees of
246-the public school employer shall be included in the unit.
247-
248- [(c)] (B) (1) There may not be more than two units in a county.
249-
250- (2) In Baltimore County, one of the units shall consist of employees who
251-are administrative and supervisory certificated employees. The second unit shall consist of
252-all other public school employees as defined under § 6–401(e)(1) and (3) of this subtitle.
253-
254- [(d)] (C) All eligible public school employees shall:
255-
256- (1) Be included in one of these units; and
257-
258- (2) Have the rights granted in this subtitle AND TITLE 21 OF THE STATE
259-GOVERNMENT ARTICLE.
260-
261-6–404.
262-
263- (a) [The designation of an employee organization as an exclusive representative
264-shall be made as provided in this section.
265-
266- (b) If an employee organization certifies to the public school employer that it has
267-a membership enrollment of at least 30 percent of the total number of public school
268-employees in a specified unit in a county as of June 1 of the year in which certification is
269-made, this certification is a request for recognition as exclusive representative of all public
270-school employees in the specified unit in the county.
271-
272- (c) If another employee organization certifies that it has a membership
273-enrollment of at least 10 percent of the total number of public school employees in the unit
274-as of the same June 1, an election shall be held in which the public school employees in the
275-unit shall be offered the opportunity to choose:
276-
277- (1) One of the employee organizations as the exclusive representative of all
278-public school employees in the unit; or
279-
280- (2) Not to have exclusive representation.
281-
282- (d) If no other employee organization certifies that it has a membership
283-enrollment of at least 10 percent of the total number of public school employees in the unit,
284-on the request of the employee organization under subsection (b) of this section, an election
285-shall be held and the ballot shall offer a choice between: WES MOORE, Governor Ch. 114
286-
287-– 7 –
288-
289- (1) Exclusive representation by the organization; and
290-
291- (2) Not to have exclusive representation.
292-
293- (e) The public school employer shall designate the employee organization
294-described in subsection (b) of this section as the exclusive representative of all public school
295-employees in the specified unit in a county if:
296-
297- (1) No other employee organization certifies that it has a membership
298-enrollment of at least 10 percent of the total number of public school employees in the unit;
299-
300- (2) The employee organization does not request an election under
301-subsection (d) of this section; and
302-
303- (3) The employee organization certifies that it has a membership
304-enrollment of the majority of the public school employees in the unit in the county.
305-
306- (f) (1) The Board shall adopt rules and regulations for:
307-
308- (i) Verifying the number of certificated employees of the public
309-school employer or individuals of equivalent status in Baltimore City who are members in
310-good standing of an employee organization on the date of the certification or who have
311-signed a petition under this section; and
312-
313- (ii) Holding elections under this section and the certification of their
314-results.
315-
316- (2) The Board shall provide for supervision of these elections.
317-
318- (3) The elections] AN ELECTION HELD UNDE R TITLE 21, SUBTITLE 4
319-OF THE STATE GOVERNMENT ARTICLE shall be held:
320-
321- [(i)] (1) In each school facility where public employees are
322-assigned on a regularly scheduled school day;
323-
324- [(ii)] (2) In a manner assuring the secrecy of the ballot; and
325-
326- [(iii)] (3) On a regular working day for public school employees,
327-between June 1 and June 15, inclusive, except in Baltimore City where the elections shall
328-be held between November 1 and November 15 following the date on which certification of
329-required membership enrollment is made.
330-
331- [(4) In any election held under this section, the employee organization that
332-receives the largest number of votes cast in a unit shall be declared to be the exclusive
333-representative of all public school employees in the unit. If the largest number of votes in Ch. 114 2023 LAWS OF MARYLAND
334-
335-– 8 –
336-the election is cast not to have exclusive representation, a representative may not be
337-designated for the unit.
338-
339- (5)] (B) The public school employer shall provide any assistance required
340-in holding the elections.
341-
342-6–405.
343-
344- (a) (1) (i) Each public school employer shall provide the exclusive
345-representative access to new employee processing.
346-
347- (ii) Except as provided in subparagraph (iii) of this paragraph, the
348-public school employer shall provide the exclusive representative at least 10 days’ notice in
349-advance of a new employee processing.
350-
351- (iii) The public school employer ma y provide the exclusive
352-representative with less than 10 days’ notice if there is an urgent need critical to the public
353-school employer’s new employee processing that was not reasonably foreseeable.
354-
355- (2) (i) The structure, time, and manner of the access required in
356-paragraph (1) of this subsection shall be determined through negotiations between the
357-public school employer and the exclusive representative in accordance with [§ 6–408] §
358-6–406 of this subtitle.
359-
360- (ii) When negotiating access to new employee processing under
361-subparagraph (i) of this paragraph, if any dispute has not been resolved within 45 days
362-after the first meeting of the public school employer and the exclusive representative, or
363-within 60 days after an initial request to negotiate, whichever occurs first, either party may
364-request that the Board declare an impasse under [§ 6–408(e)] § 6–406(E) of this subtitle.
365-
366- (iii) In an impasse proceeding under [§ 6–408(e)] § 6–406(E) of this
367-subtitle, the mediator or Board shall consider:
368-
369- 1. The ability of the exclusive representative to communicate
370-with the public school employees it represents;
371-
372- 2. The legal obligations of the exclusive representative to the
373-public school employees;
374-
375- 3. Applicable State, federal, and local laws;
376-
377- 4. Any stipulations of the parties;
378-
379- 5. The interests and welfare of the public school employees
380-and the financial condition of the public school employer;
381- WES MOORE, Governor Ch. 114
382-
383-– 9 –
384- 6. The structure, time, and manner of access of an exclusive
385-representative to new employee processing in comparable public school employers,
386-including the access provisions in other memoranda of understanding or collective
387-bargaining agreements; and
388-
389- 7. Any other facts routinely considered in establishing the
390-structure, time, and manner of access of an exclusive representative to new employee
391-processing.
392-
393- (3) (i) A request to negotiate under paragraph (2) of this subsection
394-made between July 1, 2018, and the expiration date of an existing collective bargaining
395-agreement between the parties shall reopen the existing collective bargaining agreement
396-only for the purpose of negotiating the access of the exclusive representative to the public
397-school employer’s new employee processing.
398-
399- (ii) Either party may elect to negotiate a separate agreement on the
400-access of the exclusive representative to the public school employer’s new employee
401-processing in lieu of reopening the existing collective bargaining agreement.
402-
403- (b) This section does not prohibit a public school employer and an exclusive
404-representative from negotiating access to new employee processing that varies from the
405-requirements of this section.
406-
407- (c) Nothing in this section shall abrogate existing collective bargaining
408-agreements between public school employers and exclusive representatives.
409-
410-6–406.
411-
412- (c) (3) A public school employer may not negotiate the school calendar[, the
413-maximum number of students assigned to a class,] or any matter that is precluded by
414-applicable statutory law.
415-
416-6–501.
417-
418- (a) In this subtitle the following words have the meanings indicated.
419-
420- (b) “Board” means the Public [School Labor] EMPLOYEE Relations Board
421-[established under Subtitle 8 of this title].
422-
423- (c) “Confidential employee” includes an individual whose employment
424-responsibilities require knowledge of the public school employer’s posture in the collective
425-negotiation process, as determined by the public school employer in negotiations with an
426-employee organization that requests negotiation on this issue.
427-
428- (c–1) “Day” means a calendar day unless otherwise indicated.
429- Ch. 114 2023 LAWS OF MARYLAND
430-
431-– 10 –
432- (d) “Employee organization” [means an organization that:
433-
434- (1) Includes noncertificated employees of a public school employer; and
435-
436- (2) Has as one of its main purposes the representation of the employees in
437-their relations with that public school employer] HAS THE MEANING STAT ED IN § 21–101
438-OF THE STATE GOVERNMENT ARTICLE.
439-
440- (e) [“Management personnel”] “MANAGERIAL EMPLOYEE ” includes an
441-individual who is engaged mainly in executive and managerial functions.
442-
443- (e–1) “New employee processing” means the process for a newly hired public school
444-employee, whether in person, online, or through other means, in which new employees are
445-advised of their employment status, rights, benefits, duties, responsibilities, and other
446-employment–related matters.
447-
448- (f) “Noncertificated employee”, in Montgomery County, means only a full–time
449-employee.
450-
451- (g) (1) “Public school employee” means a noncertificated individual who is
452-employed for at least 9 months a year on a full–time basis by a public school employer.
453-
454- (2) “Public school employee” includes a noncertificated employee in
455-Baltimore City notwithstanding that the noncertificated employee does not work for at
456-least 9 months a year on a full–time basis.
457-
458- (3) “Public school employee” does not include:
459-
460- (i) [Management personnel] A MANAGERIAL EMPLOYEE ; OR
461-
462- (ii) A confidential employee[; or
463-
464- (iii) Any individual designated by the public school employer to act in
465-a negotiating capacity as provided in § 6–510(c) of this subtitle].
466-
467- (h) (1) “Public school employer” means the county board in each county.
468-
469- (2) “Public school employer” includes the Baltimore City Board of School
470-Commissioners.
471-
472- (i) “Supervisory employee” includes any individual who responsibly directs the
473-work of other employees.
474-
475-6–503.
476- WES MOORE, Governor Ch. 114
477-
478-– 11 –
479- (a) Public school employees may form, join, and participate in the activities of
480-employee organizations of their own choice for the purpose of being represented on all
481-matters that relate to salaries, wages, hours, and other working conditions.
482-
483- [(b) An employee organization may establish reasonable restrictions as to who
484-may join and reasonable provisions for the dismissal of individuals from membership,
485-except that these restrictions and provisions may not discriminate with regard to the terms
486-or conditions of membership because of race, color, marital status, creed, sex, age, or
487-national origin.]
488-
489- (B) PUBLIC SCHOOL EMPLOYE ES, PUBLIC SCHOOL EMPLOY ERS, AND
490-EXCLUSIVE REPRESENTA TIVES ARE SUBJECT TO THE PROVISIONS OF TITLE 21 OF
491-THE STATE GOVERNMENT ARTICLE.
492-
493-6–504.
494-
495- (a) [(1) Each public school employer may designate, as provided in this subtitle,
496-which employee organization, if any, shall be the exclusive representative of all public
497-school employees in a specified unit in the county.
498-
499- (2) In Baltimore City, Garrett County, and Frederick County, the public
500-school employer shall designate, as provided in this subtitle, which employee organization,
501-if any, shall be the exclusive representative of all public school employees in a specified unit
502-in the county.
503-
504- (b) The public school employer shall determine the composition of the unit in
505-negotiation with any employee organization that requests negotiation concerning the
506-composition of the unit.
507-
508- (c)] (1) Except as provided in paragraphs (3) and (5) of this subsection, there
509-may not be more than three units in a county and a unit may not include both supervisory
510-and nonsupervisory employees.
511-
512- (2) If a county has more than three recognized units and, as of July 1, 1974,
513-the units have exclusive representation for collective negotiations, these units may
514-continue as negotiating units.
515-
516- (3) In Baltimore County, there shall be three units, including one unit of
517-supervisory employees as defined in § 6–501(i) of this subtitle.
518-
519- (4) In Carroll County, beginning on October 1, 2007:
520-
521- (i) There shall be no more than three units; and
522-
523- (ii) All units shall be nonsupervisory units.
524- Ch. 114 2023 LAWS OF MARYLAND
525-
526-– 12 –
527- (5) In Baltimore City, the public school employer may designate a fourth
528-unit composed of all Baltimore City school police officers, as defined in § 4–318 of this
529-article, up to and including the rank of lieutenant.
530-
531- [(d) (1)] (B) All eligible public school employees shall:
532-
533- [(i)] (1) Be included in one of these units; and
534-
535- [(ii)] (2) Have the rights granted in this subtitle.
536-
537- [(2) Except for an individual who is designated as management personnel
538-or a confidential employee under this subtitle, each public school employee is eligible for
539-membership in one of the negotiating units.]
540-
541-6–505.
542-
543- (a) Employee organizations recognized by the public school employer as the
544-exclusive representative of all public school employees in a specified unit on July 1, 1978
545-shall continue to be the exclusive representative[:
546-
547- (1) For the rest of the 2–year initial period as provided by § 6–507 of this
548-subtitle; and
549-
550- (2) Beyond the 2–year period until another election is held as provided
551-under § 6–507 of this subtitle] SUBJECT TO TITLE 21, SUBTITLE 4 OF THE STATE
552-GOVERNMENT ARTICLE.
553-
554- (b) Any collective negotiation agreement that has been entered into by an
555-exclusive representative and a public employer as of July 1, 1978 shall continue in effect
556-for the term of the agreement.
557-
558-6–506.
559-
560- (a) (1) (i) Each public school employer shall provide the exclusive
561-representative access to new employee processing.
562-
563- (ii) Except as provided in subparagraph (iii) of this paragraph, the
564-public school employer shall provide the exclusive representative at least 10 days’ notice in
565-advance of a new employee processing.
566-
567- (iii) The public school employer may provide the exclusive
568-representative with less than 10 days’ notice if there is an urgent need critical to the public
569-school employer’s new employee processing that was not reasonably foreseeable.
570- WES MOORE, Governor Ch. 114
571-
572-– 13 –
573- (2) (i) The structure, time, and manner of the access required in
574-paragraph (1) of this subsection shall be determined through negotiations between the
575-public school employer and the exclusive representative in accordance with [§ 6–510] §
576-6–507 of this subtitle.
577-
578- (ii) When negotiating access to new employee processing under
579-subparagraph (i) of this paragraph, if any dispute has not been resolved within 45 days
580-after the first meeting of the public school employer and the exclusive representative, or
581-within 60 days after an initial request to negotiate, whichever occurs first, either party may
582-request that the Board declare an impasse under [§ 6–510(e)] § 6–507(E) of this subtitle.
583-
584- (iii) In an impasse proceeding under [§ 6–510(e)] § 6–507(E) of this
585-subtitle, the mediator or Board shall consider:
586-
587- 1. The ability of the exclusive representative to communicate
588-with the public school employees it represents;
589-
590- 2. The legal obligations of the exclusive representative to the
591-public school employees;
592-
593- 3. Applicable State, federal, and local laws;
594-
595- 4. Any stipulations of the parties;
596-
597- 5. The interests and welfare of the public school employees
598-and the financial condition of the public school employer;
599-
600- 6. The structure, time, and manner of access of an exclusive
601-representative to new employee processing in comparable public school employers,
602-including the access provisions in other memoranda of understanding or collective
603-bargaining agreements; and
604-
605- 7. Any other facts routinely considered in establishing the
606-structure, time, and manner of access of an exclusive representative to new employee
607-processing.
608-
609- (3) (i) A request to negotiate under paragraph (2) of this subsection
610-made between July 1, 2018, and the expiration date of an existing collective bargaining
611-agreement between the parties shall reopen the existing collective bargaining agreement
612-only for the purpose of negotiating the access of the exclusive representative to the public
613-school employer’s new employee processing.
614-
615- (ii) Either party may elect to negotiate a separate agreement on the
616-access of the exclusive representative to the public school employer’s new employee
617-processing in lieu of reopening the existing collective bargaining agreement.
618- Ch. 114 2023 LAWS OF MARYLAND
619-
620-– 14 –
621- (b) This section does not prohibit a public school employer and an exclusive
622-representative from negotiating access to new employee processing that varies from the
623-requirements of this section.
624-
625- (c) Nothing in this section shall abrogate existing collective bargaining
626-agreements between public school employers and exclusive representatives.
627-
628-6–507.
629-
630- (c) (3) A public school employer may not negotiate the school calendar[, the
631-maximum number of students assigned to a class,] or any matter that is precluded by
632-applicable statutory law.
633-
634-9.5–703.
635-
636- (c) (2) All elections shall be conducted by the [State Labor] PUBLIC
637-EMPLOYEE Relations Board and subject to the requirements and limitations of [Title 3,
638-Subtitle 4 of the State Personnel and Pensions Article] TITLE 21, SUBTITLE 4 OF THE
639-STATE GOVERNMENT ARTICLE.
640-
641- (3) The [State Labor] PUBLIC EMPLOYEE Relations Board may not
642-conduct an election for an exclusive representative if an election or certification of an
643-exclusive representative has taken place within the preceding 2 years.
644-
645-16–701.
646-
647- (a) In this subtitle the following words have the meanings indicated.
648-
649- (b) “Agreement” means a written contract between a public employer and an
650-employee organization.
651-
652- (c) “Arbitration” means a procedure by which parties involved in a grievance
653-submit their differences to an impartial third party for a final and binding decision.
654-
655- (d) “Board” means the [State Higher Education Labor] PUBLIC EMPLOYEE
656-Relations Board.
657-
658- (e) “Collective bargaining” has the meaning stated in § 3–101(c) § 3–101(D) of
659-the State Personnel and Pensions Article.
660-
661- (f) “Confidential employee” [means a public employee whose unrestricted access
662-to personnel, budgetary, or fiscal data subject to use by the public employer in collective
663-bargaining, or whose close, continuing working relationship with those responsible for
664-negotiating on behalf of the public employer, would make the employee’s membership in an
665-employee organization as a rank and file employee incompatible with the employee’s WES MOORE, Governor Ch. 114
666-
667-– 15 –
668-duties] HAS THE MEANING STAT ED IN § 21–101 OF THE STATE GOVERNMENT
669-ARTICLE.
670-
671- (g) “Employee organization” [means a labor organization of public employees that
672-has as one of its primary purposes representing those employees in collective bargaining]
673-HAS THE MEANING STATED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE.
674-
675- (h) “Exclusive representative” [means an employee organization that has been
676-certified by the Board as representing the employees of a bargaining unit] HAS THE
677-MEANING STATED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE.
678-
679- (i) “Fact–finding” means a process conducted by the Board that includes:
680-
681- (1) The identification of the major issues in an impasse;
682-
683- (2) The review of the positions of the parties; and
684-
685- (3) A resolution of factual differences by an impartial individual or panel.
686-
687- (j) (1) “Faculty” means employees whose assignments involve academic
688-responsibilities, including teachers and department heads.
689-
690- (2) “Faculty” does not include officers, supervisory employees, confidential
691-employees, part–time faculty, or student assistants.
692-
693- (k) “Grievance” means a dispute concerning the application or interpretation of
694-the terms of a collective bargaining agreement.
695-
696- (l) “Impasse” means a failure by a public employer and an exclusive
697-representative to achieve agreement in the course of negotiations.
698-
699- (m) “Officer” means the president, a vice president, a dean, or any other similar
700-official of the community college as appointed by the board of community college trustees.
701-
702- (n) “Part–time faculty” means employees whose assignments involve academic
703-responsibilities, including teachers, counselors, and department heads, who are designated
704-with part–time faculty status by the president of the community college.
705-
706- (o) (1) “Public employee” means an employee employed by a public employer.
707-
708- (2) “Public employee” includes faculty and part–time faculty at the
709-Baltimore City Community College.
710-
711- (3) “Public employee” does not include:
712-
713- (i) Officers; Ch. 114 2023 LAWS OF MARYLAND
714-
715-– 16 –
716-
717- (ii) Supervisory or confidential employees; or
718-
719- (iii) Student assistants.
720-
721- (p) (1) “Public employer” means the board of community college trustees for a
722-community college.
723-
724- (2) “Public employer” includes the Board of Trustees of Baltimore City
725-Community College for the purposes of collective bargaining with faculty and part–time
726-faculty.
727-
728- [(q) (1) “Showing of interest form” means a written statement from a public
729-employee who wishes to be represented by a petitioning employee organization for the
730-purpose of collective bargaining.
731-
732- (2) “Showing of interest form” includes:
733-
734- (i) A union authorization card; and
735-
736- (ii) A union membership card.
737-
738- (r) “Strike” means, in concerted action with others for the purpose of inducing,
739-influencing, or coercing a change in the wages, hours, or other terms and conditions of
740-employment, a public employee’s:
741-
742- (1) Refusal to report for duty;
743-
744- (2) Willful absence from the position;
745-
746- (3) Stoppage of work; or
747-
748- (4) Abstinence in whole or in part from the proper performance of the
749-duties of employment.
750-
751- (s) “Supervisory employee” means a public employee who has full–time and
752-exclusive authority to act on behalf of a public employer to:
753-
754- (1) Hire, transfer, suspend, lay off, recall, promote, discharge, assign,
755-reward, or discipline other employees; or
756-
757- (2) Adjust employee grievances.]
758-
759-16–702.
760-
761- (a) It is the intent of the General Assembly that: WES MOORE, Governor Ch. 114
762-
763-– 17 –
764-
765- (1) The State promote harmonious and cooperative relationships with the
766-public employees of the community college system by encouraging collective bargaining
767-practices, protecting the rights of public employees to associate, organize, and vote for their
768-own exclusive representatives, and recognizing the dignity of labor for all employees of the
769-community college system; and
770-
771- (2) A delay in implementation of this subtitle shall be to ensure that
772-community colleges are granted sufficient time to plan for potential negotiations and may
773-not be used to plan for, or engage in, activities that would discourage or otherwise coerce
774-employees seeking to hold an election.
775-
776- (b) This subtitle shall apply:
777-
778- (1) Beginning on September 1, 2022, to:
779-
780- (i) Anne Arundel Community College;
781-
782- (ii) Community College of Baltimore County;
783-
784- (iii) Frederick Community College;
785-
786- (iv) Harford Community College;
787-
788- (v) Howard Community College;
789-
790- (vi) Montgomery College;
791-
792- (vii) Prince George’s Community College; and
793-
794- (viii) College of Southern Maryland;
795-
796- (2) Beginning on September 1, 2023, to:
797-
798- (i) Allegany College of Maryland;
799-
800- (ii) Carroll Community College;
801-
802- (iii) Cecil College;
803-
804- (iv) Chesapeake College;
805-
806- (v) Garrett College;
807-
808- (vi) Hagerstown Community College; and
809- Ch. 114 2023 LAWS OF MARYLAND
810-
811-– 18 –
812- (vii) Wor–Wic Community College; and
813-
814- (3) Beginning October 1, 2024, Baltimore City Community College.
815-
816- (C) PUBLIC EMPLOYEES , PUBLIC EMPLOYERS , AND EXCLUSIVE
817-REPRESENTATIVES ARE SUBJECT TO THE PROVI SIONS OF TITLE 21 OF THE STATE
818-GOVERNMENT ARTICLE.
819-
820-16–703.
821-
822- [(a) The Board shall conduct an election for an exclusive representative of a
823-bargaining unit if:
824-
825- (1) A valid petition is submitted in accordance with § 16–704 of this
826-subtitle; and
827-
828- (2) The bargaining unit involved in the petition is determined to be an
829-appropriate bargaining unit under subsections (b) and (c) of this section.
830-
831- (b) (1) Except as provided in this subtitle, the Board shall determine the
832-appropriateness of each bargaining unit.
833-
834- (2) If there is not a dispute about the appropriateness of the bargaining
835-unit, the Board shall issue an order defining an appropriate bargaining unit.
836-
837- (3) If there is a dispute about the appropriateness of the bargaining unit,
838-the Board shall:
839-
840- (i) Conduct a public hearing, receiving written and oral testimony;
841-and
842-
843- (ii) Issue an order defining the appropriate bargaining unit.
844-
845- (c)] There may be no more than four bargaining units at each community college
846-including:
847-
848- (1) One unit reserved for full–time faculty;
849-
850- (2) One unit reserved for part–time faculty; and
851-
852- (3) Two units reserved for eligible nonexempt employees, as defined in the
853-federal Fair Labor Standards Act.
854- WES MOORE, Governor Ch. 114
855-
856-– 19 –
857- [(d) The Board may not require the bargaining units at a community college to
858-conform to the requirements of this section if the bargaining units were in existence before
859-September 1, 2022.]
860-
861-16–708.
862-
863- (a) [A public employer has the right to:
864-
865- (1) Determine how the statutory mandate and goals of the community
866-college, including the functions and programs of the community college, its overall budget,
867-and its organizational structure, are to be carried out; and
868-
869- (2) Direct college personnel.
870-
871- (b) A public employee has the right to:
872-
873- (1) Organize;
874-
875- (2) Form, join, or assist any employee organization;
876-
877- (3) Bargain collectively through an exclusive representative;
878-
879- (4) Engage in other lawful concerted activity for the purpose of collective
880-bargaining; and
881-
882- (5) Refrain from engaging in the activities listed under this subsection.
883-
884- (c)] A public employee or group of public employees has the right at any time to:
885-
886- (1) Present a grievance arising under the terms of the agreement to the
887-public employer; and
888-
889- (2) Have the grievance adjusted without the intervention of the exclusive
890-representative.
891-
892- [(d)] (B) The exclusive representative has the right to be present during any
893-meeting involving the presentation or adjustment of a grievance.
894-
895- [(e)] (C) (1) A public employer shall hear a grievance and participate in the
896-adjustment of the grievance.
897-
898- (2) The adjustment of a grievance may not be inconsistent with the terms
899-of the collective bargaining agreement then in effect.
900-
901- (3) A public employer shall give prompt notice of any adjustment of a
902-grievance to the exclusive representative. Ch. 114 2023 LAWS OF MARYLAND
903-
904-– 20 –
905-
906- [(f) A public employer and an employee organization may not interfere with,
907-intimidate, restrain, coerce, or discriminate against a public employee because the
908-employee exercises rights granted under this section.]
909-
910-Article – Health – General
911-
912-15–903.
913-
914- (c) (2) All elections shall be conducted by the [State Labor] PUBLIC
915-EMPLOYEE Relations Board and subject to the requirements and limitations of [Title 3,
916-Subtitle 4 of the State Personnel and Pensions Article] TITLE 21, SUBTITLE 4 OF THE
917-STATE GOVERNMENT ARTICLE.
918-
919- (3) The [State Labor] PUBLIC EMPLOYEE Relations Board may not
920-conduct an election for an exclusive representative if an election or certification of an
921-exclusive representative has taken place within the preceding 2 years.
922-
923-Article – State Government
924-
925-TITLE 21. PUBLIC EMPLOYEE RELATIONS.
926-
927-SUBTITLE 1. DEFINITIONS; GENERAL PROVISIONS.
928-
929-21–101.
930-
931- (A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS
932-INDICATED.
933-
934- (B) “BOARD” MEANS THE PUBLIC EMPLOYEE RELATIONS BOARD.
935-
936- (C) “CONFIDENTIAL EMPLOYEE ” INCLUDES AN INDIVIDU AL WHOSE
937-EMPLOYMENT RESPONSIBILITIES REQ UIRE KNOWLEDGE OF TH E PUBLIC
938-EMPLOYER’S POSTURE IN THE COL LECTIVE NEGOTIATION PROCESS MEANS AN
939-EMPLOYEE WHO :
940-
941- (1) ACTS IN A CONFIDENTI AL CAPACITY AND FORM ULATES AND
942-EFFECTUATES A PUBLIC EMPLOYER’S POLICIES THAT RELA TE TO COLLECTIVE
943-BARGAINING WITH PUBLIC EMPLOYEES; OR
944-
945- (2) HAS ACCESS TO CONFID ENTIAL INFORMATION N OT GENERALLY
946-AVAILABLE TO PUBLIC EMPLOYEES REGARDING THE FORMULATION AND
947-EFFECTUATION OF A PU BLIC EMPLOYER ’S POLICIES THAT RELA TE TO COLLECTIVE
948-BARGAINING. WES MOORE, Governor Ch. 114
949-
950-– 21 –
951-
952- (D) (C) UNLESS SPECIFICALLY PROVIDE D OTHERWISE , “DAY” MEANS A
953-CALENDAR DAY .
954-
955- (E) (D) “EMPLOYEE ORGANIZATION ” MEANS A LABOR ORGANI ZATION IN
956-WHICH PUBLIC EMPLOYE ES PARTICIPATE AND T HAT HAS AS ONE OF IT S PRIMARY
957-PURPOSES REPRESENTIN G PUBLIC EMPLOYEES .
958-
959- (F) (E) “EXCLUSIVE REPRESENTATIVE ” MEANS AN EMPLOYEE
960-ORGANIZATION THAT HA S BEEN CERTIFIED BY THE BOARD AS AN EXCLUSIVE
961-REPRESENTATIVE UNDER SUBTITLE 4 OF THIS TITLE.
962-
963- (G) (F) “LOCKOUT” MEANS ACTION TAKEN B Y A PUBLIC EMPLOYER TO:
964-
965- (1) INTERRUPT OR PREVENT THE CONTINUITY OF THE EMPLOYEES ’
966-USUAL WORK FOR THE P URPOSE AND WITH THE INTENT OF COERCING T HE
967-EMPLOYEES INTO RELIN QUISHING RIGHTS GUAR ANTEED BY THIS TITLE ; OR
968-
969- (2) BRING ECONOMIC PRESS URE ON EMPLOYEES FOR THE PURPOSE
970-OF SECURING THE AGRE EMENT OF THEIR EXECU TIVE REPRESE NTATIVE TO
971-COLLECTIVE BARGAININ G AGREEMENT TERMS .
972-
973- (H) (G) “PUBLIC EMPLOYEE ” MEANS AN INDIVIDUAL WHO:
974-
975- (1) HOLDS A POSITION BY APPOINTMENT OR EMPLO YMENT IN THE
976-SERVICE OF A PUBLIC EMPLOYER WITH COLLEC TIVE BARGAINING RIGH TS UNDER
977-TITLE 3 OF THE STATE PERSONNEL AND PENSIONS ARTICLE OR TITLE 6, SUBTITLE
978-4 OR 5 OR TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE; AND
979-
980- (2) IS NOT A CONFIDENTIA L EMPLOYEE.
981-
982- (H) (I) (H) “PUBLIC EMPLOYER ” MEANS:
983-
984- (1) THE STATE, INCLUDING ANY UNIT , DEPARTMENT , OR
985-INSTRUMENTALITY OF T HE STATE;
986-
987- (2) A COMMUNITY COLLEGE LISTED UNDER § 16–702(B) OF THE
988-EDUCATION ARTICLE; AND
989-
990- (3) A COUNTY BOARD OF ED UCATION OR THE BALTIMORE CITY
991-BOARD OF SCHOOL COMMISSIONERS .
992-
993- (I) “PUBLIC EMPLOYEE ” MEANS AN INDIVIDUAL WHO:
994- Ch. 114 2023 LAWS OF MARYLAND
995-
996-– 22 –
997- (1) HOLDS A POSITION BY APPOINTMENT OR EMPLO YMENT IN THE
998-SERVICE OF A PUBLIC EMPLOYER WITH COLLEC TIVE BARGAINING RIGH TS UNDER
999-TITLE 3 OF THE STATE PERSONNEL AND PENSIONS ARTICLE, TITLE 6, SUBTITLE 4
1000-OR 5 OF THE EDUCATION ARTICLE OR TITLE 16, SUBTITLE 7 OF THE EDUCATION
1001-ARTICLE; AND
1002-
1003- (2) IS NOT A CONFIDENTIA L EMPLOYEE.
1004-
1005- (J) (I) (1) “SHOWING OF INTEREST F ORM” MEANS A WRITTEN STAT EMENT
1006-FROM A PUBLIC EMPLOY EE WHO WISHES TO BE REPRESENTED BY A PET ITIONING
1007-EMPLOYEE ORGANIZATIO N FOR THE PURPOSE OF COLLECTIVE BARGAI NING.
1008-
1009- (2) “SHOWING OF INTEREST F ORM” INCLUDES:
1010-
1011- (I) A UNION AUTHORIZATIO N CARD; OR
1012-
1013- (II) A UNION MEMBERSHIP C ARD.
1014-
1015- (K) “STRIKE” MEANS ANY CONCERTED WORK STOPPAGE TO IND UCE,
1016-INFLUENCE, COERCE, OR ENFORCE DEMANDS F OR A CHANGE IN WAGES , HOURS,
1017-TERMS, OR OTHER CONDITIONS OF EMPLOYMENT INCLUDING:
1018-
1019- (1) REFUSAL TO REPORT FO R DUTY;
1020-
1021- (2) WILLFUL ABSENCE FROM A POSITION;
1022-
1023- (3) SLOWDOWN OF WORK ; OR
1024-
1025- (4) ABSTINENCE IN WHOLE OR IN PART FROM THE PROPER
1026-PERFORMANCE OF THE D UTIES OF EMPLOYMENT .
1027-
1028- (J) (1) “STRIKE” MEANS ANY CONCERTED ACTION TO IMPEDE THE FULL
1029-AND PROPER PERFORMAN CE OF EMPLOYMENT DUT IES IN ORDER TO INDU CE,
1030-INFLUENCE, COERCE, OR ENFORCE DEMANDS F OR A CHANGE IN WAGES , HOURS,
1031-TERMS, OR OTHER CONDITIONS OF EMPLOYMENT .
1032-
1033- (2) “STRIKE” INCLUDES A TOTAL OR PARTIAL :
1034-
1035- (I) REFUSAL OR FAILURE T O REPORT TO WORK ;
1036-
1037- (II) REFUSAL OR FAILURE T O PERFORM EMPLOYMENT DUTIES;
1038-
1039- (III) WITHDRAWAL FROM WORK ;
1040- WES MOORE, Governor Ch. 114
1041-
1042-– 23 –
1043- (IV) WORK STOPPAGE ; OR
1044-
1045- (V) WORK SLOWDOWN .
1046-
1047-21–102.
1048-
1049- (A) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT IT IS T HE PUBLIC
1050-POLICY OF THE STATE TO ENCOURAGE AN D PROTECT THE EXERCI SE BY PUBLIC
1051-SECTOR EMPLOYEES OF THE FULL FREEDOM OF ASSOCIATION,
1052-SELF–ORGANIZATION , AND DESIGNATION OF R EPRESENTATIVES OF TH EIR OWN
1053-CHOOSING, FOR THE PURPOSE OF N EGOTIATING THE TERMS AND CONDITIONS OF
1054-THEIR EMPLOYMENT OR OTHER MUTUAL AID OR PROTECTION .
1055-
1056- (B) FOR THE ADVANCEMENT O F THE RIGHTS DESCRIB ED UNDER
1057-SUBSECTION (A) OF THIS SECTION AND TO PROMOTE LABOR PEA CE AND THE
1058-ORDERLY AND CONS TRUCTIVE RELATIONSHI PS BETWEEN ALL PUBLI C EMPLOYERS
1059-AND THEIR EMPLOYEES , THE GENERAL ASSEMBLY HAS DETERMIN ED THAT THE
1060-OVERALL POLICY MAY B EST BE ACCOMPLISHED BY:
1061-
1062- (1) GRANTING TO PUBLIC E MPLOYEES THE RIGHT T O ORGANIZE AND
1063-CHOOSE FREELY THEIR REPRESENTATI VES;
1064-
1065- (2) REQUIRING PUBLIC EMP LOYERS TO NEGOTIATE AND BARGAIN
1066-WITH EMPLOYEE ORGANI ZATIONS REPRESENTING PUBLIC EMPLOYEES AND TO
1067-ENTER INTO WRITTEN A GREEMENTS EVIDENCING THE RESULT OF THE BA RGAINING;
1068-AND
1069-
1070- (3) ESTABLISHING PROCEDU RES TO PROVIDE FOR T HE PROTECTION
1071-OF THE RIGHTS OF PUB LIC EMPLOYEES , THE PUBLIC EMPLOYERS , AND THE PUBLIC
1072-AT LARGE.
1073-
1074- (C) THE LAW OF THE STATE WITH RESPECT TO THE LABOR RIGHTS OF
1075-PUBLIC SECTOR EMPLOY EES IS INTENDED TO F OLLOW THE RIGHTS OF EMPLOYEES
1076-UNDER THE FEDERAL NATIONAL LABOR RELATIONS ACT.
1077-
1078-21–103.
1079-
1080- DECISIONS OF THE FEDE RAL NATIONAL LABOR RELATIONS BOARD SHALL
1081-MAY BE AFFORDED PERSUASIVE WEIGHT IN ANY INTERP RETATION OF THIS TIT LE.
1082-
1083-SUBTITLE 2. RIGHTS AND DUTIES OF EMPLOYEES, PUBLIC EMPLOYERS, AND
1084-EXCLUSIVE REPRESENTATIVES .
1085-
1086-21–201. Ch. 114 2023 LAWS OF MARYLAND
1087-
1088-– 24 –
1089-
1090- (A) EMPLOYEES OF A PUBLIC EMPLOYER HAVE THE RI GHT TO:
1091-
1092- (1) ENGAGE IN CONCERTED ACTIVITIES FOR THE PURPOSE S OF
1093-MUTUAL AID OR PROTEC TION; AND
1094-
1095- (2) REFRAIN FROM ANY OR ALL ACTIVITIES DESCR IBED UNDER ITEM
1096-(1) OF THIS SUBSECTION .
1097-
1098- (B) PUBLIC EMPLOYEES HAVE THE RIGHT TO:
1099-
1100- (1) FORM, JOIN AND PARTICIPATE IN, OR TO REFRAIN FROM
1101-FORMING, JOINING, OR PARTICIPATING IN , ANY EMPLOYEE ORGANIZ ATION OF
1102-THEIR OWN CHOOSING ;
1103-
1104- (2) BE REPRESENTED BY EM PLOYEE ORGANIZATIONS , TO NEGOTIATE
1105-COLLECTIVELY WITH TH EIR PUBLIC EMPLOYERS IN THE DETERMINATION OF THEIR
1106-TERMS AND CONDITIONS OF EMPLOYMENT , AND THE ADMIN ISTRATION OF
1107-GRIEVANCES ARISING T HEREUNDER ; AND
1108-
1109- (3) BE FAIRLY REPRESENTE D BY THEIR EXCLUSIVE
1110-REPRESENTATIVE , IF ANY, IN COLLECTIVE BARGAI NING.
1111-
1112- (C) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION , AN
1113-EMPLOYEE ORGANIZATIO N MAY ESTABLISH REAS ONABLE:
1114-
1115- (1) RESTRICTIONS AS TO W HO MAY JOIN; AND
1116-
1117- (2) PROVISIONS FOR THE D ISMISSAL OF INDIVIDU ALS FROM
1118-MEMBERSHIP .
1119-
1120- (D) AN EMPLOYEE ORGANIZATION MAY NOT ESTABLISH RE STRICTIONS AND
1121-PROVISIONS UNDER SUB SECTION (C) OF THIS SECTION THAT DISCRIMINATE WITH
1122-REGARD TO THE TERMS OR COND ITIONS OF MEMBERSHIP BECAUSE OF:
1123-
1124- (1) AGE;
1125-
1126- (2) ANCESTRY;
1127-
1128- (3) COLOR;
1129-
1130- (4) CREED;
1131-
1132- (5) GENDER IDENTITY ; WES MOORE, Governor Ch. 114
1133-
1134-– 25 –
1135-
1136- (6) MARITAL STATUS ;
1137-
1138- (7) MENTAL OR PHYSICAL D ISABILITY;
1139-
1140- (8) NATIONAL ORIGIN ;
1141-
1142- (9) RACE;
1143-
1144- (10) RELIGIOUS AFFIL IATION, BELIEF, OR OPINION;
1145-
1146- (11) SEX; OR
1147-
1148- (12) SEXUAL ORIENTATION .
1149-
1150-21–202.
1151-
1152- A PUBLIC EMPLOYER SHAL L EXTEND TO AN EXCLU SIVE REPRESENTATIVE THE
1153-RIGHT TO:
1154-
1155- (1) REPRESENT PUBLIC EMP LOYEES IN:
1156-
1157- (I) NEGOTIATIONS NOTWITH STANDING THE EXISTEN CE OF AN
1158-AGREEMENT WITH AN EM PLOYEE ORGANIZATION THAT IS NO LONGER CE RTIFIED OR
1159-RECOGNIZED ; AND
1160-
1161- (II) THE SETTLEMENT OF GR IEVANCES;
1162-
1163- (2) (I) ON REQUEST , INFORMATION FROM A P UBLIC EMPLOYER
1164-RELEVANT TO THE ADMI NISTRATION AND NEGOT IATION OF AN AGREEME NT OR THE
1165-PROPER PERFORMANCE OF THE EMPLOYEE ORGANIZ ATION’S DUTIES AS THE
1166-PUBLIC EMPLOYEES ’ REPRESENTATIVE ; AND
1167-
1168- (II) HAVE THE INFORMATION REQUESTED UNDER ITEM (I) OF
1169-THIS ITEM MADE AVAIL ABLE AS SOON AS PRAC TICABLE, BUT NOT LATER THAN 30
1170-DAYS AFTER THE PUBLI C EMPLOYER RECEIVES THE REQ UEST; AND
1171-
1172- (3) COMMUNICATE WITH ITS MEMBERS AND ELECTED OFFICIALS, IN
1173-A MANNER AND AT TIME S AT ITS DISCRETION , CONCERNING ISSUES RE LEVANT TO
1174-THE ADMINISTRATION A ND NEGOTIATION OF AN AGREEMENT .
1175-
1176-21–203.
1177- Ch. 114 2023 LAWS OF MARYLAND
1178-
1179-– 26 –
1180- (A) ON WRITTEN REQUEST OF AN EXCLUSIVE REPRESENTAT IVE FOR EACH
1181-EMPLOYEE IN THE BARG AINING UNIT REPRESEN TED BY THE EXCLUSIVE
1182-REPRESENTATIVE , THE PUBLIC EMPLOYER , AS APPROPRIATE , SHALL PROVIDE THE
1183-EXCLUSIVE REPRESENTA TIVE WITH THE EMPLOY EE’S:
1184-
1185- (1) NAME;
1186-
1187- (2) POSITION CLASSIFICAT ION;
1188-
1189- (3) UNIT;
1190-
1191- (4) HOME AND WORK SITE A DDRESSES WHERE THE E MPLOYEE
1192-RECEIVES INTEROFFICE OR UNITED STATES MAIL;
1193-
1194- (5) HOME AND WORK SITE T ELEPHONE NUMBERS ;
1195-
1196- (6) WORK E–MAIL ADDRESS ; AND
1197-
1198- (7) POSITION IDENTIFICAT ION NUMBER.
1199-
1200- (B) THE PUBLIC EMPLOYER , AS APPROPRIATE , SHALL PROVIDE THE
1201-EXCLUSIVE REPRESENTA TIVE WITH THE REQUES TED INFORMATION IN A
1202-SEARCHABLE AND ANALY ZABLE ELECTRONIC FOR MAT.
1203-
1204- (C) NAMES OR LISTS OF EMP LOYEES PROVIDED TO T HE BOARD IN
1205-CONNECTION WITH AN E LECTION UNDER THIS T ITLE ARE NOT SUBJ ECT TO
1206-DISCLOSURE IN ACCORD ANCE WITH TITLE 4 OF THE GENERAL PROVISIONS
1207-ARTICLE.
1208-
1209- (D) (1) EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (3) OF THIS
1210-SUBSECTION, AN EXCLUSIVE REPRESE NTATIVE SHALL CONSID ER THE
1211-INFORMATION THAT IT RECEIVES UNDER THIS SECTION AS CON FIDENTIAL AND MAY
1212-NOT RELEASE THE INFO RMATION TO ANY PERSO N.
1213-
1214- (2) AN EXCLUSIVE REPRESEN TATIVE MAY AUTHORIZE THIRD PARTY
1215-CONTRACTORS TO USE T HE INFORMATION THAT IT RECEIVES UNDER TH IS SECTION,
1216-AS DIRECTED BY THE E XCLUSIVE REPRESENTAT IVE, TO CARRY OUT THE EXCLUSIVE
1217-REPRESENTATIVE ’S STATUTORY DUTIES U NDER THIS TITLE.
1218-
1219- (3) AN EXCLUSIVE REPRESEN TATIVE OR AN AUTHORI ZED THIRD
1220-PARTY CONTRACTOR MAY USE THE INFORMATION THAT IT RECEIVES UND ER THIS
1221-SECTION FOR THE PURP OSE OF MAINTAINING O R INCREASING EMPLOYE E
1222-MEMBERSHIP IN AN EMPLOYEE ORGANIZATION . WES MOORE, Governor Ch. 114
1223-
1224-– 27 –
1225-
1226- (4) ON WRITTEN REQUEST OF AN EMPLOYEE , AN EXCLUSIVE
1227-REPRESENTATIVE SHALL WITHHOLD FURTHER COM MUNICATION WITH THE
1228-EMPLOYEE UNLESS OTHE RWISE REQUIRED BY LA W OR THE WRITTEN REQ UEST IS
1229-REVOKED BY THE EMPLO YEE.
1230-
1231-21–204.
1232-
1233- (A) A EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, A PUBLIC
1234-EMPLOYER HAS THE RIG HT TO:
1235-
1236- (1) DETERMINE HOW THE ST ATUTORY MANDATE AND GOALS OF THE
1237-PUBLIC EMPLOYER , INCLUDING THE FUNCTI ONS AND PROGRAMS OF THE PUBLIC
1238-EMPLOYER, ITS OVERALL BUDGET , AND ITS ORGANIZATIONAL S TRUCTURE, ARE TO
1239-BE CARRIED OUT ; AND
1240-
1241- (2) DIRECT EMPLOYEES OF THE PUBLIC EMPLOYER .
1242-
1243- (B) THE STATE, THROUGH ITS APPROPRI ATE OFFICERS AND EMP LOYEES,
1244-HAS THE RIGHT TO :
1245-
1246- (1) (I) DETERMINE THE MISSIO N, BUDGET, ORGANIZATION ,
1247-NUMBERS, TYPES AND GRADES OF EM PLOYEES ASSIGNED , THE WORK PROJECTS ,
1248-TOURS OF DUTY , METHODS, MEANS, AND PERSONNEL BY WHI CH ITS OPERATIONS
1249-ARE TO BE CONDUCTED , TECHNOLOGY NEEDED , INTERNAL SECURITY PR ACTICES,
1250-AND RELOCATION OF IT S FACILITIES; AND
1251-
1252- (II) MAINTAIN AND I MPROVE THE EFFICIENC Y AND
1253-EFFECTIVENESS OF GOV ERNMENTAL OPERATIONS ;
1254-
1255- (2) DETERMINE THE :
1256-
1257- (I) SERVICES TO BE RENDE RED, OPERATIONS TO BE
1258-PERFORMED , AND TECHNOLOGY TO BE USED; AND
1259-
1260- (II) OVERALL METHODS , PROCESSES, MEANS, AND CLASSES OF
1261-WORK OR PERSONNEL BY WHICH G OVERNMENTAL OPERATIO NS ARE TO BE
1262-CONDUCTED ;
1263-
1264- (3) HIRE, DIRECT, SUPERVISE, AND ASSIGN EMPLOYEES ;
1265-
1266- (4) (I) PROMOTE, DEMOTE, DISCIPLINE, DISCHARGE, RETAIN, AND
1267-LAY OFF EMPLOYEES ; AND
1268- Ch. 114 2023 LAWS OF MARYLAND
1269-
1270-– 28 –
1271- (II) TERMINATE EMPLOYMENT BECAUSE OF LACK OF F UNDS,
1272-LACK OF WORK , UNDER CONDITIONS WHE RE THE EMPLOYER DETE RMINES
1273-CONTINUED WORK WOULD BE INEFFICIENT OR NO NPRODUCTIVE , OR FOR OTHER
1274-LEGITIMATE REASONS ;
1275-
1276- (5) SET THE QUALIFICATIO NS OF EMPLOYEES FOR APPOINTMENT AND
1277-PROMOTION , AND SET STANDARDS OF CONDUCT;
1278-
1279- (6) ADOPT STATE OR DEPARTMENT RULES , REGULATIONS , OR
1280-PROCEDURES ;
1281-
1282- (7) PROVIDE A SYSTEM OF MERIT EMPLOYMENT ACC ORDING TO THE
1283-STANDARD OF BUSINESS EFFICIENCY; AND
1284-
1285- (8) TAKE ACTIONS NOT OTH ERWISE SPECIFIED IN THIS SECTION TO
1286-CARRY OUT THE MISSIO N OF THE EMPLOYER .
1287-
1288-21–205.
1289-
1290- (A) A PUBLIC EMPLOYER IS P ROHIBITED FROM ENGAG ING IN A LOCKOUT .
1291-
1292- (B) PUBLIC EMPLOYEES ARE PROHIBITED FROM ENGA GING IN A STRIKE.
1293-
1294- (C) A PUBLIC EMPLOYER OR A N EMPLOYEE ORGANIZAT ION MAY NOT
1295-INTERFERE WITH , INTIMIDATE, RESTRAIN, COERCE, OR DISCRIMINATE AGAI NST A
1296-PUBLIC EMPLOYEE BECA USE THE PUBLIC EMPLO YEE EXERCISES RIGHTS GRANTED
1297-UNDER THIS TITLE .
1298-
1299-21–206.
1300-
1301- (A) A PUBLIC EMPLOYER AND ITS OFFICERS, EMPLOYEES, AGENTS, OR
1302-REPRESENTATIVES ARE PROHIBITED FROM ENGA GING IN ANY UNFAIR L ABOR
1303-PRACTICE, INCLUDING:
1304-
1305- (1) INTERFERING WITH , RESTRAINING, OR COERCING EMPLOYEE S IN
1306-THE EXERCISE OF THEI R RIGHTS UNDER THIS TITLE;
1307-
1308- (2) DOMINATING , INTERFERING WITH , CONTRIBUTING FINANCI AL OR
1309-OTHER SUPPORT TO , OR ASSISTING IN THE FORMATION, EXISTENCE, OR
1310-ADMINISTRATION OF AN Y EMPLOYEE ORGANIZAT ION;
1311-
1312- (3) GRANTING ADMINISTRAT IVE LEAVE TO EMPLOYE ES TO ATTEND
1313-EMPLOYER SPONSORED O R SUPPORTED MEETINGS OR EVENTS RELATING T O AN WES MOORE, Governor Ch. 114
1314-
1315-– 29 –
1316-ELECTION UNDER SUBTITLE 4 OF THIS TITLE, UNLESS THE PUBLIC EM PLOYER
1317-GRANTS EMPLO YEES AT LEAST THE SA ME AMOUNT OF ADMINIS TRATIVE LEAVE TO
1318-ATTEND LABOR ORGANIZ ATION SPONSORED OR S UPPORTED MEETINGS OR
1319-EMPLOYEE MEETINGS ;
1320-
1321- (4) DISCRIMINATING IN HI RING, TENURE, OR ANY TERM OR
1322-CONDITION OF EMPLOYM ENT TO ENCOURAGE OR DISCOURAGE MEMBERSHI P IN AN
1323-EMPLOYEE ORGANIZATIO N;
1324-
1325- (5) DISCHARGING OR DISCR IMINATING AGAINST AN EMPLOYEE
1326-BECAUSE OF THE SIGNI NG OR FILING OF AN A FFIDAVIT, PETITION, OR COMPLAINT ,
1327-OR GIVING INFORMATIO N OR TESTIMONY IN CO NNECTION WITH MATTER S UNDER
1328-THIS TITLE;
1329-
1330- (6) FAILING TO PROVIDE ALL EMPLOYEE ORGANIZATIONS INVOLV ED
1331-IN AN ELECTION THE S AME RIGHTS OF ACCESS AS REQUIRED BY THE BOARD
1332-THROUGH REGULATION ;
1333-
1334- (7) ENGAGING IN SURVEILL ANCE OF UNION ACTIVI TIES;
1335-
1336- (8) REFUSING TO BARGAIN IN GOOD FAITH;
1337-
1338- (9) FAILING TO MEET AN E STABLISHED NEGOTIATI ON DEADLINE ,
1339-UNLESS A WRITTEN AGR EEMENT BETWEEN THE P UBLIC EMPLOYER AND T HE
1340-EXCLUSIVE REPRESENTA TIVE PROVIDES OTHERW ISE;
1341-
1342- (10) ENGAGING IN A LOCKOU T; OR
1343-
1344- (11) SPENDING PUBLIC MONE Y TO CONTRACT WITH , USING PUBLIC
1345-RESOURCES TO CONTRACT WITH , OR PROVIDING ASSISTA NCE TO AN INDIVIDUAL OR
1346-GROUP FOR A NEGATIVE CAMPAIGN AGAINST EFF ORTS BY EMPLOYEES OF A PUBLIC
1347-EMPLOYER OR AN EMPLO YEE ORGANIZATION TO :
1348-
1349- (I) GAIN OR RETAIN COLLE CTIVE BARGAINING RIG HTS; OR
1350-
1351- (II) CERTIFY AN EMPLOYEE ORGANIZATION AS AN E XCLUSIVE
1352-REPRESENTATIVE .
1353-
1354- (B) EMPLOYEE ORGANIZATION S AND THEIR AGENTS O R REPRESENTATIVES
1355-ARE PROHIBITED FROM ENGAGING IN ANY UNFA IR LABOR PRACTICE , INCLUDING:
1356-
1357- (1) INTERFERING WITH , RESTRAINING, OR COERCING EMPLOYEES IN
1358-THE EXERCISE OF THEI R RIGHTS UNDER THIS TITLE;
1359- Ch. 114 2023 LAWS OF MARYLAND
1360-
1361-– 30 –
1362- (2) CAUSING OR ATTEMPTIN G TO CAUSE A PUBLIC EMPLOYER TO
1363-DISCRIMINATE IN HIRI NG, TENURE, OR ANY TERM OR CONDI TION OF EMPLOYMENT
1364-TO ENCOURAGE OR DISC OURAGE MEMBERSHIP IN AN EMPLOYEE ORGANIZA TION;
1365-
1366- (3) ENGAGING IN , INDUCING, OR ENCOURAGING ANY P ERSON TO
1367-ENGAGE IN A STRIKE , AS DEFINED IN § 21–205 OF THIS SUBTITLE;
1368-
1369- (4) INTERFERING WITH THE STATUTORY DUTIES OF THE STATE OR A
1370-PUBLIC EMPLOYER ;
1371-
1372- (5) REFUSING TO BARGAIN IN GOOD FAITH; OR
1373-
1374- (6) NOT FAIRLY REPRESENT ING EMPLOYEES IN COL LECTIVE
1375-BARGAINING OR IN ANY OTHER MATTER IN WHIC H THE EMPLOYEE ORGAN IZATION
1376-HAS THE DUTY OF FAIR REPRESENTATION .
1377-
1378-21–207.
1379-
1380- (A) EACH EXCLUSIVE REPRES ENTATIVE HAS THE RIG HT TO COMMUNICATE
1381-WITH THE EMPLOYEES T HAT IT REPRESENTS .
1382-
1383- (B) (1) PUBLIC EMPLOYERS SHAL L ALLOW AN EXCLUSIVE
1384-REPRESENTATIVE TO :
1385-
1386- (I) MEET WITH A NEW EMPL OYEE IN A BARGAINING UNIT
1387-REPRESENTED BY THE E XCLUSIVE REPRESENTAT IVE WITHIN THE FIRST FULL PAY
1388-PERIOD OF THE NEW EM PLOYEE’S START DATE; OR
1389-
1390- (II) ATTEND AND PARTICIPA TE IN A NEW EMPLOYEE PROGRAM
1391-THAT INCLUDES ONE OR MORE EMPLOYEES WHO A RE IN A BARGAINING U NIT
1392-REPRESENTED BY THE E XCLUSIVE REPRESENTAT IVE.
1393-
1394- (2) THE NEW EMPLOYEE PROG RAM DESCRIBED IN PAR AGRAPH (1)(II)
1395-OF THIS SUBSECTION M AY BE A NEW EMPLOYEE ORIENTATI ON, TRAINING, OR OTHER
1396-PROGRAM THAT THE PUB LIC EMPLOYER AND AN EXCLUSIVE REPRESENTA TIVE
1397-NEGOTIATE IN ACCORDA NCE WITH TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION
1398-ARTICLE, TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE, OR TITLE 3 OF THE
1399-STATE PERSONNEL AND PENSIONS ARTICLE.
1400-
1401- (3) EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS SUBSECTION ,
1402-THE EXCLUSIVE REPRES ENTATIVE SHALL BE AL LOWED AT LEAST 30 MINUTES TO
1403-MEET WITH THE NEW EM PLOYEE OR TO COLLECT IVELY ADDRESS ALL NE W
1404-EMPLOYEES IN ATTENDA NCE DURING A NEW EMPLOYEE P ROGRAM. WES MOORE, Governor Ch. 114
1405-
1406-– 31 –
1407-
1408- (4) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
1409-PARAGRAPH , A MEETING BETWEEN TH E NEW EMPLOYEE AND T HE EXCLUSIVE
1410-REPRESENTATIVE SHALL BE IN PERSON.
1411-
1412- (II) AN EXCLUSIVE REPRESEN TATIVE MAY CHOOSE TO MEET
1413-WITH A NEW EMP LOYEE BY VIDEO OR SI MILAR TECHNOLOGY IF PUBLIC HEALTH
1414-CONCERNS NECESSITATE THAT A MEETING BE CO NDUCTED REMOTELY .
1415-
1416- (5) A PUBLIC EMPLOYER AND AN EXCLUSIVE REPRESE NTATIVE MAY
1417-NEGOTIATE A PERIOD O F TIME THAT IS MORE THAN 30 MINUTES IN ACCORDANC E
1418-WITH TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, TITLE 16, SUBTITLE
1419-7 OF THE EDUCATION ARTICLE, OR TITLE 3 OF THE STATE PERSONNEL AND
1420-PENSIONS ARTICLE.
1421-
1422- (6) A PUBLIC EMPLOYER :
1423-
1424- (I) SHALL ENCOURAGE AN E MPLOYEE TO MEET WITH THE
1425-EXCLUSIVE REPRESENTA TIVE OR AT TEND THE PORTION OF A NEW EMPLOYEE
1426-PROGRAM DESIGNATED F OR AN EXCLUSIVE REPR ESENTATIVE TO ADDRES S NEW
1427-EMPLOYEES; AND
1428-
1429- (II) MAY NOT REQUIRE AN E MPLOYEE TO MEET WITH AN
1430-EXCLUSIVE REPRESENTA TIVE OR ATTEND THE P ORTION OF A NEW EMPL OYEE
1431-PROGRAM DESIGNATED F OR AN EXCLUSIVE REPRESE NTATIVE TO ADDRESS N EW
1432-EMPLOYEES IF THE EMP LOYEE OBJECTS TO ATT ENDING.
1433-
1434- (C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION
1435-AND SUBJECT TO PARAG RAPH (3) OF THIS SUBSECTION , A PUBLIC EMPLOYER SH ALL
1436-PROVIDE THE EXCLUSIV E REPRESENTATIVE AT LE AST 10 DAYS’ NOTICE OF THE
1437-START DATE OF A NEW EMPLOYEE IN A BARGAI NING UNIT REPRESENTE D BY THE
1438-EXCLUSIVE REPRESENTA TIVE.
1439-
1440- (2) A PUBLIC EMPLOYER MAY PROVIDE THE EXCLUSIV E
1441-REPRESENTATIVE WITH LESS THAN 10 DAYS’ NOTICE IF THERE IS A N URGENT NEED
1442-CRITICAL TO THE EMPL OYER THAT WAS NOT RE ASONABLY FORESEEABLE .
1443-
1444- (3) THE NOTICE REQUIRED U NDER PARAGRAPH (1) OF THIS
1445-SUBSECTION SHALL :
1446-
1447- (I) BE PROVIDED ELECTRON ICALLY TO THE LOCAL PRESIDENT
1448-OR EXCLUSIVE REPRESE NTATIVE DESIGNEE WIT HIN 5 DAYS OF THE EMPLOYEE ’S
1449-FIRST CHECK–IN;
1450- Ch. 114 2023 LAWS OF MARYLAND
1451-
1452-– 32 –
1453- (II) EXCEPT AS PROVIDED I N ITEM (III) OF THIS PARAGRAPH ,
1454-INCLUDE THE NEW EMPL OYEE’S NAME, UNIT, AND ALL EMPLOYEE IDE NTIFICATION
1455-NUMBERS, INCLUDING WORKDAY NUMBERS ;
1456-
1457- (III) EXCLUDE THE NEW EMPL OYEE’S SOCIAL SECURITY
1458-NUMBER; AND
1459-
1460- (IV) BE CONSIDERED CONFID ENTIAL BY AN EXCLUSI VE
1461-REPRESENTATIVE .
1462-
1463- (4) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
1464-PARAGRAPH , AN EXCLUSIVE REPRESE NTATIVE MAY NOT DISC LOSE THE
1465-INFORMATION IN A NOT ICE.
1466-
1467- (II) THE EXECUTIVE EXCLUSIVE REPRESENTATIVE MAY
1468-AUTHORIZE A THIRD –PARTY CONTRACTOR TO USE THE INFORMATION IN A NOTICE,
1469-AS DIRECTED BY THE E XCLUSIVE REPRESENTAT IVE, TO FULFILL THE EXCLU SIVE
1470-REPRESENTATIVE ’S STATUTORY DUTIES .
1471-
1472-21–208.
1473-
1474- AN EMPLOYEE ORGANIZAT ION CERTIFIED AS THE EXCLUSIVE
1475-REPRESENTATIVE SHALL :
1476-
1477- (1) SERVE AS THE SOLE AN D EXCLUSIVE BARGAINI NG AGENT FOR ALL
1478-EMPLOYEES IN THE BAR GAINING UNIT;
1479-
1480- (2) REPRESENT FAIRLY AND WITHOUT DISCRIMINATI ON ALL
1481-EMPLOYEES IN THE BAR GAINING UNIT, WHETHER OR NOT THE E MPLOYEES ARE
1482-MEMBERS OF THE EMPLOYEE ORGANIZATIO N OR ARE PAYING DUES OR OTHER
1483-CONTRIBUTIONS TO IT OR PARTICIPATING IN ITS AFFAIRS; AND
1484-
1485- (3) PROMPTLY FILE WITH T HE BOARD ALL CHANGES AND
1486-AMENDMENTS TO THE OR GANIZATION’S GOVERNING DOCUMENT S.
1487-
1488-21–209.
1489-
1490- (A) AN EMPLOYEE ORGANIZAT ION IS ENTITLED TO MEMBERSH IP DUES
1491-DEDUCTION, ON PRESENTATION BY T HE EMPLOYEE ORGANIZA TION OF:
1492-
1493- (1) DUES DEDUCTION AUTHO RIZATION CARDS ;
1494-
1495- (2) ELECTRONIC MEMBERSHI P APPLICATION; OR
1496- WES MOORE, Governor Ch. 114
1497-
1498-– 33 –
1499- (3) OTHER METHOD BY WHIC H AN EMPLOYEE HAS MA NIFESTED
1500-ASSENT FOR MEMBERSHI P DUES DEDUCTION .
1501-
1502- (B) (1) A PUBLIC EMPLOYER SHAL L COMMENCE MAKING DU ES
1503-DEDUCTIONS AS SOON A S PRACTICABLE , BUT NOT LATER THAN 30 DAYS AFTER
1504-RECEIVING THE PROOF PRESENTED UNDER SUBS ECTION (A) OF THIS SECTION.
1505-
1506- (2) A PUBLIC EMPLOYER SHAL L TRANSMIT MEMBERSHI P DUES TO
1507-THE EMPLOYEE ORGANIZ ATION WITHIN 30 DAYS AFTER THE DEDUC TIONS ARE
1508-MADE.
1509-
1510- (3) A PUBLIC EMPLOYER SHAL L ACCEPT AN AUTHORIZ ATION TO
1511-DEDUCT FROM THE SALA RY OF A PUBLIC EMPLO YEE AN AMOUNT FOR TH E PAYMENT
1512-OF DUES IN ANY FORMA T AUTHORIZED UNDER § 21–106 OF THE COMMERCIAL LAW
1513-ARTICLE.
1514-
1515- (C) THIS SECTION MAY NOT BE CONSTRUED TO REQU IRE AN EMPLOYEE TO
1516-BECOME A MEMBER OF A N EMPLOYEE ORGANIZAT ION.
1517-
1518- (D) (1) THE RIGHT OF AN EMPLO YEE ORGANIZATION TO MEMBERSHIP
1519-DUES DEDUCTION SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL:
1520-
1521- (I) AN EMPLOYEE REVOKES MEMBERSHIP IN ACCORD ANCE
1522-WITH A COLLECTIVE BA RGAINING AGREEMENT O R THE MEMBERSHIP APP LICATION;
1523-
1524- (II) THE EMPLOYEE CANCELS MEMBERSHIP DUES DEDU CTION
1525-UNDER § 2–403 OF THE STATE PERSONNEL AND PENSIONS ARTICLE; OR
1526-
1527- (III) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE
1528-EMPLOYEE IS NO LONGE R EMPLOYED BY THE PU BLIC EMPLOYER .
1529-
1530- (2) IF WITHIN A PERIOD OF 1 YEAR, THE EMPLOYEE IS EMPL OYED BY
1531-THE SAME PUBLIC EMPL OYER IN A POSITION R EPRESENTED BY THE SA ME
1532-EXCLUSIVE REPRESENTATIVE , THE RIGHT TO MEMBERS HIP DUES DEDUCTION
1533-SHALL BE AUTOMATICAL LY REINSTATED .
1534-
1535- (E) IF THE EMPLOYEE WHO H AS CONSENTED TO DUES DEDUCTION IS
1536-EITHER REMOVED FROM A PUBLIC EMPLOYER ’S PAYROLL OR OTHERWI SE PLACED
1537-ON AN INVOLUNTARY OR VOLUNTARY LEAVE OF ABSENCE , WHETHER PAID OR
1538-UNPAID, THE PUBLIC EMPLOYEE ’S MEMBERSHIP DUES DE DUCTION AUTHORIZATIO N
1539-SHALL:
1540-
1541- (1) REMAIN EFFECTIVE ; AND
1542- Ch. 114 2023 LAWS OF MARYLAND
1543-
1544-– 34 –
1545- (2) BE CONTINUED ON THE PUBLIC EMPLOYEE ’S RETURN TO THE
1546-PAYROLL OR RESTORATI ON TO ACTIVE EMPLOYM ENT FROM A LEAVE OF ABSENCE.
1547-
1548- (F) IF AN AUTHORIZATION F OR A PUBLIC EMPLOYER TO MAKE
1549-MEMBERSHIP DUES DEDU CTION WAS IN EFFECT ON JUNE 30, 2023:
1550-
1551- (1) THE RIGHT OF THE EMP LOYEE ORGANIZATION T O MEMBERSHIP
1552-DUES DEDUCTION SHALL CONTINUE UNLESS THE RIGHT IS TERMINATED UNDER
1553-SUBSECTION (D) OF THIS SECTION; AND
1554-
1555- (2) THE EMPLOYEE ORGANIZ ATION MAY NOT BE REQ UIRED TO
1556-PRESENT NEW AUTHORIZ ATION UNDER SUBSECTI ON (A) OF THIS SECTION.
1557-
1558-21–210.
1559-
1560- (A) A PUBLIC EMPLOYER OR I TS OFFICERS, OR AN AGENT OF THE P UBLIC
1561-EMPLOYER, MAY NOT SPEND PUBLIC MONEY, USE PUBLIC RESOURCES , OR PROVIDE
1562-ASSISTANCE TO AN IND IVIDUAL OR GROUP FOR A NEGATIVE CAMPAIGN AGAINST
1563-EFFORTS BY EMPLOYEES OF A PUBLIC EMPLOYER OR AN EMPLOYEE ORGAN IZATION
1564-TO:
1565-
1566- (1) GAIN OR RETAIN COLLE CTIVE BARGAINING RIG HTS; OR
1567-
1568- (2) CERTIFY AN EMPLOYEE ORGANIZATIO N AS AN EXCLUSIVE
1569-REPRESENTATIVE .
1570-
1571- (B) (1) WITHIN 7 DAYS AFTER A VALID E LECTION HAS BEEN SCH EDULED
1572-UNDER SUBTITLE 4 OF THIS TITLE, THE PUBLIC EMPLOYER SHALL ALLOW PUBLIC
1573-EMPLOYEES AND EMPLOY EE ORGANIZATIONS TO ACCESS THE EMPLOYER ’S
1574-PROPERTY AND FACILITIE S, INCLUDING GROUNDS , ROOMS, BULLETIN BOARDS ,
1575-INTEROFFICE MAIL , AND OTHER COMMON ARE AS FOR CAMPAIGN ACTI VITIES FOR
1576-THE ELECTION .
1577-
1578- (2) THE PUBLIC EMPLOYER M AY NOT:
1579-
1580- (I) LIMIT THE AMOUNT OF TIME A PUBLIC EMPLOY EE HAS
1581-ACCESS TO THE PU BLIC EMPLOYER ’S PROPERTY AND FACIL ITIES DURING AN
1582-ELECTION UNDER THIS SECTION; OR
1583-
1584- (II) ALTER OR REVISE EXIS TING RULES OR REGULA TIONS TO
1585-UNFAIRLY LIMIT OR PR OHIBIT PUBLIC EMPLOY EES OR EMPLOYEE ORGA NIZATIONS
1586-FROM EXERCISING THEI R RIGHTS UNDER THIS TITLE.
1587- WES MOORE, Governor Ch. 114
1588-
1589-– 35 –
1590- (3) THIS SUBSECTION MAY N OT BE CONSTRUED TO A LLOW CAMPAIGN
1591-ACTIVITIES TO INTERF ERE WITH A PUBLIC EM PLOYER’S OPERATIONS.
1592-
1593-SUBTITLE 3. PUBLIC EMPLOYEE RELATIONS BOARD.
1594-
1595-21–301.
1596-
1597- THERE IS A PUBLIC EMPLOYEE RELATIONS BOARD ESTABLISHED AS AN
1598-INDEPENDENT UN IT OF STATE GOVERNMENT .
1599-
1600-21–302.
1601-
1602- (A) THE BOARD CONSISTS OF THE FOLLOWING FIVE MEMBE RS:
1603-
1604- (1) A CHAIR APPOINTED BY THE GOVERNOR WITH THE ADV ICE AND
1605-CONSENT OF THE SENATE, REPRESENTING THE PUB LIC;
1606-
1607- (2) TWO MEMBERS CHOSEN F ROM A LIST OF CANDID ATES SUBMITTED
1608-BY EACH EXCLUSIVE RE PRESENTATIVE , APPOINTED BY THE GOVERNOR WITH DUE
1609-REGARD FOR ANY CANDI DATES WHO HAVE MAJOR ITY OR PLURALITY SUP PORT
1610-FROM EXCLUSIVE REPRE SENTATIVES, WITH THE ADVICE AND CONSENT OF THE
1611-SENATE; AND
1612-
1613- (3) TWO MEMBERS CHOSEN F ROM A LIST OF CANDIDATES S UBMITTED
1614-BY PUBLIC EMPLOYERS , APPOINTED BY THE GOVERNOR WITH THE ADV ICE AND
1615-CONSENT OF THE SENATE.
1616-
1617- (B) EACH MEMBER OF THE BOARD:
1618-
1619- (1) MUST HAVE KNOWLEDGE OF AND EXPERIENCE WI TH LABOR LAW ,
1620-LABOR MEDIATION , OR LABOR NEGOTIATION S;
1621-
1622- (2) MAY NOT BE OFFICERS OR EMPLOYEES OF A PU BLIC EMPLOYER ,
1623-OR OF AN EMPLOYEE OR GANIZATION; AND
1624-
1625- (3) MUST BE KNOWN FOR OB JECTIVE AND INDEPEND ENT JUDGMENT .
1626-
1627- (C) BEFORE TAKING OFFICE , EACH MEMBER SHALL TA KE THE OATH
1628-REQUIRED BY ARTICLE I, § 9 OF THE MARYLAND CONSTITUTION.
1629-
1630- (D) (1) THE TERM OF A MEMBER IS 6 YEARS.
1631-
1632- (2) THE TERMS OF MEMBERS ARE STAGGERED AS REQ UIRED BY THE
1633-TERMS PROVIDED FOR M EMBERS OF THE BOARD ON JULY 1, 2023. Ch. 114 2023 LAWS OF MARYLAND
1634-
1635-– 36 –
1636-
1637- (3) A VACANCY SHALL BE FIL LED FOR AN UNEXPIRED TERM IN THE
1638-SAME MANNE R AS AN ORIGINAL APP OINTMENT.
1639-
1640- (4) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL
1641-A SUCCESSOR IS APPOI NTED AND QUALIFIES .
1642-
1643- (5) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES
1644-ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOI NTED AND
1645-QUALIFIES.
1646-
1647- (E) THE GOVERNOR MAY REMOVE A MEMBER ONLY FOR INCO MPETENCE OR
1648-MISCONDUCT .
1649-
1650- (F) IN MAKING APPOINTMENT S TO THE BOARD, THE GOVERNOR SHALL
1651-ENSURE, TO THE EXTENT PRACTI CABLE, THAT THE RATIO OF MA LE TO FEMALE
1652-MEMBERS AND THE RACI AL MAKEUP OF THE BOARD IS REFLECTIVE O F THE
1653-GENERAL POPULATION O F THE STATE.
1654-
1655-21–303.
1656-
1657- (A) (1) A MAJORITY OF THE VOTI NG MEMBERS SHALL CON STITUTE A
1658-QUORUM FOR :
1659-
1660- (I) THE TRANSACTION OF A NY BUSINESS; OR
1661-
1662- (II) THE EXERCISE OF ANY POWER OR THE PERFORM ANCE OF
1663-ANY DUTY AUTHORIZED OR I MPOSED BY LAW .
1664-
1665- (2) FORMAL ACTION MAY NOT BE TAKEN BY THE BOARD WITHOUT
1666-THE APPROVAL OF A MA JORITY OF THE VOTING MEMBERS OF THE BOARD.
1667-
1668- (B) THE BOARD SHALL SET THE T IMES AND PLACES OF I TS MEETINGS, BUT
1669-SHALL MEET AT LEAST ONCE PER MONTH.
1670-
1671- (C) (1) AN APPOINTED MEMBER O F THE BOARD IS ENTITLED TO :
1672-
1673- (I) THE COMPENSATION PRO VIDED IN THE STATE BUDGET ;
1674-AND
1675-
1676- (II) REIMBURSEMENT FOR EX PENSES UNDER THE STANDARD
1677-STATE TRAVEL REGULATIONS AS PROVID ED IN THE STATE BUDGET .
1678- WES MOORE, Governor Ch. 114
1679-
1680-– 37 –
1681- (2) THE CHAIR OF THE BOARD SHALL GIVE FULL TIME TO THE DUTIES
1682-OF CHAIR AND IS ENTI TLED TO A SALARY AS PROVIDED IN THE STATE BUDGET .
1683-
1684-21–304.
1685-
1686- (A) (1) THE BOARD SHALL APPOINT A N EXECUTIVE DIRECTOR OF THE
1687-BOARD.
1688-
1689- (2) THE EXECUTIVE DIRECTOR:
1690-
1691- (I) IS RESPONSIBLE TO AN D SERVES AT THE PLEASU RE OF THE
1692-BOARD;
1693-
1694- (II) MUST HAVE KNOWLEDGE OF AND EXPERIENCE WI TH LABOR
1695-ISSUES; AND
1696-
1697- (III) IS ENTITLED TO THE S ALARY PROVIDED IN TH E STATE
1698-BUDGET.
1699-
1700- (B) THE EXECUTIVE DIRECTOR SHALL PERFOR M THE DUTIES THAT TH E
1701-BOARD ASSIGNS, INCLUDING:
1702-
1703- (1) OPERATING THE OFFICE OF THE BOARD; AND
1704-
1705- (2) KEEPING THE OFFICIAL RECORDS OF THE BOARD.
1706-
1707- (C) THE EXECUTIVE DIRECTOR MAY HIRE ANY STAFF NECESSARY TO
1708-CARRY OUT THE PROVIS IONS OF THIS TITLE.
1709-
1710-21–305.
1711-
1712- (A) THE BOARD SHALL APPOINT :
1713-
1714- (1) A DEPUTY DIRECTOR FOR EXECUTIVE BRANCH LABOR
1715-RELATIONS;
1716-
1717- (2) A DEPUTY DIRECTOR FO R PUBLIC SCHOOL LABO R RELATIONS;
1718-AND
1719-
1720- (3) A DEPUTY DIRECTOR FO R PUBLIC HIGHER EDUC ATION LABOR
1721-RELATIONS.
1722-
1723- (B) THE DEPUTY DIRECTORS :
1724- Ch. 114 2023 LAWS OF MARYLAND
1725-
1726-– 38 –
1727- (1) ARE RESPONSIBLE TO A ND SERVE AT T HE PLEASURE OF THE
1728-BOARD;
1729-
1730- (2) MUST HAVE KNOWLEDGE OF AND EXPERIENCE WI TH LABOR
1731-ISSUES AND THE SUBJE CT MATTER AREA ASSOC IATED WITH THEIR POS ITIONS; AND
1732-
1733- (3) ARE ENTITLED TO THE SALARY PROVIDED IN T HE STATE BUDGET.
1734-
1735-21–306.
1736-
1737- (A) THE BOARD IS RESPONSIB LE FOR ADMINISTERING AND ENFORCING
1738-PROVISIONS OF:
1739-
1740- (1) THIS TITLE;
1741-
1742- (2) TITLE 6, SUBTITLE SUBTITLES 4 OR AND 5 OF THE EDUCATION
1743-ARTICLE;
1744-
1745- (3) TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE; AND
1746-
1747- (4) TITLE 3 OF THE STATE PERSONNEL AND PENSIONS ARTICLE.
1748-
1749- (B) IN ADDITION TO ANY OT HER POWERS OR DUTIES PROVIDED FOR
1750-ELSEWHERE IN THIS TI TLE, TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE,
1751-TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE, AND TITLE 3 OF THE STATE
1752-PERSONNEL AND PENSIONS ARTICLE, THE BOARD MAY:
1753-
1754- (1) ESTABLISH PROCEDURES FOR, SUPERVISE THE CONDUC T OF, AND
1755-RESOLVE DISPUTES ABO UT ELECTIONS FOR EXC LUSIVE REPRESENTATIV ES;
1756-
1757- (2) ESTABLISH PROCEDURES FOR AND RESOLVE DISP UTES ABOUT
1758-PETITIONS FOR BARGAINING UNIT CLAR IFICATION;
1759-
1760- (3) ESTABLISH PROCEDURES FOR AND RESOLVE DISP UTES ABOUT
1761-PETITIONS AND ELECTI ONS FOR DECERTIFICAT ION OF AN EXCLUSIVE
1762-REPRESENTATIVE ;
1763-
1764- (4) INVESTIGATE AND TAKE APPROPRIATE ACTION I N RESPONSE TO
1765-COMPLAINTS OF UNFAIR LABOR PRACTICES, INCLUDING STRIKES AN D LOCKOUTS;
1766-
1767- (5) ESTABLISH PROCEDURES FOR AND RESOLVE DISP UTES ABOUT
1768-THE NEGOTIABILITY OF BARGAINING SUBJECTS ;
1769- WES MOORE, Governor Ch. 114
1770-
1771-– 39 –
1772- (6) ON APPLICATION BY AN EXCLUSIVE REPRESENTA TIVE EMPLOYEE
1773-ORGANIZATION OR PUBLIC EMPLOYER , DETERMINE THAT T HE APPLICANT SHALL B E
1774-DESIGNATED AS A JOIN T PUBLIC EMPLOYER OF PUBLIC EMPLOYEES IN AN
1775-EMPLOYER–EMPLOYEE BARGAINING UNIT DETERMINED IN A CCORDANCE WITH
1776-SUBTITLE 4 OF THIS TITLE WHEN S UCH DETERMINATION WO ULD BEST EFFECTUATE
1777-THE PURPOSES OF THIS SUBTITLE; AND
1778-
1779- (7) RESOLVE MATTERS AS P ROVIDED IN §§ 6–408, 6–510, AND 16–711
1780-§§ 6–406, 6–507, AND 16–707 OF THE EDUCATION ARTICLE.
1781-
1782- (C) THE BOARD SHALL HAVE BROA D DISCRETION TO TAKE AND ORDER
1783-REMEDIAL ACTIONS WHE N IT FINDS THAT A PA RTY HAS COMMITTED AN UNFAIR
1784-LABOR PRACTICE, INCLUDING THE RESTOR ATION OF ANY RIGHT , PAY, STATUS, OR
1785-BENEFIT LOST BY A PU BLIC EMPLOYEE OR GRO UP OF PUBLIC EMPLOYE ES, DUE TO
1786-VIOLATIONS OF THIS T ITLE.
1787-
1788- (D) TO ENFORCE THE PROVIS IONS OF THIS SUBTITL E, THE BOARD MAY:
1789-
1790- (1) ISSUE SUBPOENAS ; AND
1791-
1792- (2) ADMINISTER OATHS AND AFFIRMATIONS , EXAMINE WITNESSES ,
1793-AND RECEIVE EVIDENCE .
1794-
1795- (E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
1796-THE BOARD SHALL ADOPT AND ENFORCE REGULATIONS , GUIDELINES, AND
1797-POLICIES TO CARRY OU T THIS TITLE.
1798-
1799- (2) THE BOARD MAY NOT ADOPT A NY REGULATION , GUIDELINE, OR
1800-POLICY THAT:
1801-
1802- (I) UNNECESSARILY DELAYS THE RESOLUTION OF DI SPUTES
1803-OVER ELECTIONS , UNFAIR LABOR PRACTIC ES, OR ANY OTHER MATTER UNDER THIS
1804-TITLE; OR
1805-
1806- (II) RESTRICTS OR WEAKENS THE PROTECTIONS PROV IDED TO
1807-PUBLIC EMPLOYEES AND EMPLOYEE ORGANIZATIO NS UNDER THIS TITLE OR UNDER
1808-REGULATIONS .
1809-
1810-21–307.
1811-
1812- (A) (1) IF A PARTY HAS BEEN C HARGED WITH ENGAGING IN OR HAS
1813-ENGAGED IN AN UNFAIR LABOR PRACTICE , THE APPROPRIATE DEPU TY DIRECTOR
1814-SHALL INVESTIGATE TH E CHARGE.
1815- Ch. 114 2023 LAWS OF MARYLAND
1816-
1817-– 40 –
1818- (2) IF THE BOARD, THROUGH THE DEPUTY D IRECTOR’S
1819-INVESTIGATION , FINDS THAT PROBABLE CAUSE EXISTS TO SUPP ORT THE CHARGE
1820-OF AN UNFAIR LABOR P RACTICE, THE BOARD SHALL:
1821-
1822- (I) ISSUE A COMPLAINT AG AINST THE PARTY STAT ING THE
1823-CHARGES; AND
1824-
1825- (II) NOT LESS THAN 15 DAYS AFTER ISSUING T HE COMPLAINT ,
1826-ISSUE A NOTICE OF A HEARING BEFORE THE BOARD OR THE OFFICE OF
1827-ADMINISTRATIVE HEARINGS.
1828-
1829- (B) THE BOARD MAY NOT ISSUE A COMPLAINT UNDER SUBS ECTION (A)(2)(I)
1830-OF THIS SECTION IF T HE UNFAIR LABOR PRAC TICE OCCURRED MORE THAN 6
1831-MONTHS BEFORE THE FI LING OF THE CHARGE .
1832-
1833- (C) (1) THE DEPUTY DIRECTORS SHALL ENDEAVOR AT AL L TIMES TO
1834-SEEK INFORMAL RESOLU TION OF CHARGES OR C OMPLAINTS.
1835-
1836- (2) THE BOARD AND THE APPROPR IATE DEPUTY DIRECTOR SHALL
1837-MAKE ALL PRACTICAL A ND REASONABLE EFFORTS TO RESOLVE C HARGES AND
1838-COMPLAINTS OF UNFAIR LABOR PRACTICES IN A SWIFT MANNER .
1839-
1840- (D) FOR THE PURPOSES OF E XAMINATION AND THE R IGHT TO COPY, THE
1841-BOARD AND THE DEPUTY DIRECTORS SHALL AT A LL REASONABLE TIMES HAVE
1842-ACCESS TO EVIDENCE O F A PERSON BEING I NVESTIGATED OR PROCE EDED AGAINST
1843-THAT RELATES TO A MA TTER UNDER INVESTIGA TION OR IN QUESTION UNDER THIS
1844-SECTION.
1845-
1846- (E) (1) IF THERE IS A CHARGE OF AN UNFAIR LABOR P RACTICE
1847-RESULTING FROM A PAR TY’S CONDUCT IN COLLECT IVE BARGAINING AND T HAT IS
1848-ALLEGED TO HA VE AN EFFECT ON THE COURSE OF COLLECTIVE BARGAINING:
1849-
1850- (I) THE APPROPRIATE DEPU TY DIRECTOR SHALL DE TERMINE
1851-WHETHER THERE IS PRO BABLE CAUSE FOR THE BOARD TO ISSUE A COMP LAINT;
1852-
1853- (II) IF THE DEPUTY DIRECT OR DETERMINES THERE IS
1854-PROBABLE CAUSE , THE BOARD SHALL ISSUE A COMPLA INT WITHIN 30 DAYS AFTER
1855-THE FILING OF THE CH ARGE; AND
1856-
1857- (III) IF A COMPLAINT IS IS SUED, THE BOARD SHALL RESOLVE
1858-THE COMPLAINT AND IS SUE A FINAL DECISION WITHIN 90 DAYS AFTER THE FILIN G
1859-OF THE CHARGE .
1860- WES MOORE, Governor Ch. 114
1861-
1862-– 41 –
1863- (2) THE BOARD MAY ACCELERATE THE TIME TO RESOLVE C HARGES
1864-AND COMPLAINTS IN EX IGENT CIRCUMSTANCES UNDER REGULATIONS AD OPTED BY
1865-THE BOARD.
1866-
1867- (F) (1) THE APPROPRIATE DEPUT Y DIRECTOR SHALL PROSECUTE ANY
1868-CHARGE FOR WHICH THE BOARD HAS ISSUED A CO MPLAINT IN A HEARING BEFORE
1869-PROVIDE RELEVANT INFORMATION GATHERED IN THE INVESTIGATION OF A CHARGE
1870-OR COMPLAINT OF UNFA IR LABOR PRACTICES T O THE BOARD OR AND THE OFFICE
1871-OF ADMINISTRATIVE HEARINGS.
1872-
1873- (2) (G) THE CHARGING PARTY HA S THE RIGHT TO PARTI CIPATE IN
1874-ANY HEARING BEFORE T HE BOARD OR THE OFFICE OF ADMINISTRATIVE
1875-HEARINGS.
1876-
1877- (G) (H) THE BOARD SHALL ACCEPT DO CUMENTS FILED BY E –MAIL.
1878-
1879-21–308.
1880-
1881- (A) IF A PERSON FAILS TO COMPLY WITH AN ORDER ISSUED BY THE BOARD,
1882-A MEMBER OF THE BOARD MAY PETITION TH E CIRCUIT COURT TO O RDER THE
1883-PERSON TO COMPLY WIT H THE BOARD’S ORDER.
1884-
1885- (B) THE BOARD MAY NOT BE REQU IRED TO POST BOND IN AN ACTION
1886-UNDER SUBSECTION (A) OF THIS SECTION.
1887-
1888-21–309.
1889-
1890- (A) THE BOARD IS NOT BOUND BY ANY PRIOR REGULATION , ORDER,
1891-ACTION, OPINION, OR DECISION OR ACTION OF THE STATE LABOR RELATIONS
1892-BOARD, THE PUBLIC SCHOOL LABOR RELATIONS BOARD, OR THE STATE HIGHER
1893-EDUCATION LABOR RELATIONS BOARD, EXCEPT FOR DECISIONS REGARDING UNIT
1894-COMPOSITION UNDER § 21–401(C) § 21–403(C) OF THIS TITLE.
1895-
1896- (B) THE BOARD IS BOUND BY PRI OR OPINIONS AND DECI SIONS OF A LABOR
1897-BOARD LISTED UNDER S UBSECTION (A) OF THIS SECTION.
1898-
1899- (B) (C) A PRIOR ORDER , ACTION, OPINION, OR DECISION OR ACTION OF A
1900-LABOR BOARD LISTED U NDER SUBS ECTION (A) OF THIS SECTION OR A NY OTHER
1901-BODY MAY BE CONSIDER ED FOR ITS PERSUASIV E VALUE.
1902-
1903- (C) (D) THE BOARD SHALL BE BOUND BY JUDICIAL ORDERS R EGARDING
1904-THE SCOPE OF BARGAIN ING UNDER TITLE 6, SUBTITLES 4 AND 5 OF THE
1905-EDUCATION ARTICLE.
1906- Ch. 114 2023 LAWS OF MARYLAND
1907-
1908-– 42 –
1909-SUBTITLE 4. ELECTIONS AND CERTIFICATION OF EXCLUSIVE REPRESENTATIVES .
1910-
1911-21–401.
1912-
1913- (A) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, THE BOARD
1914-SHALL CONDUCT AN ELE CTION FOR AN EXCLUSI VE REPRESENTATIVE OF A
1915-BARGAINING UNIT IF :
1916-
1917- (1) A VALID PETITION IS FILED IN ACCORDANCE WITH § 21–402 OF
1918-THIS SUBTITLE; AND
1919-
1920- (2) THE BARGAINING UNIT INVOLVED IN THE PETI TION IS
1921-DETERMINED TO BE AN APPROPRIATE BARGAINI NG UNIT UNDER § 21–403 OF THIS
1922-SUBTITLE.
1923-
1924- (B) THE BOARD MAY NOT CONDUCT AN ELECTION FOR AN E XCLUSIVE
1925-REPRESENTATIVE OF A BARGAINING UNIT IF THE BOARD HAS CONDUCTED A N
1926-ELECTION OR CERTIFIE D AN EXCLUSIVE REPRE SENTATIVE FOR THAT B ARGAINING
1927-UNIT WITHIN THE IMME DIATELY PRECEDING 12 MONTHS.
1928-
1929- (C) (1) AN EXCLUSIVE REPRESEN TATIVE OR A BARGAINI NG UNIT IN
1930-EXISTENCE ON JUNE 30, 2023:
1931-
1932- (I) SHALL CONTINUE WITHO UT THE REQUIREMENT O F AN
1933-ELECTION AND CERTIFI CATION UNTIL A QUEST ION CONCERNING REPRE SENTATION
1934-IS RAISED UNDER THIS TITLE; OR
1935-
1936- (II) UNTIL THE BOARD FINDS THE UNIT NOT TO BE
1937-APPROPRIATE AFTER CH ALLENGE BY THE PUBLI C EMPLOYER , A MEMBER OF THE
1938-UNIT, OR AN EMPLOYEE ORGAN IZATION.
1939-
1940- (2) (I) THE APPROPRIATENESS O F THE UNIT MAY NOT B E
1941-CHALLENGED UNTIL THE EXPIRATION OF ANY CO LLECTIVE BARGAINING
1942-AGREEMENT IN EFFECT ON JUNE 30, 2023.
1943-
1944- (II) THE BOARD MAY NOT MODIFY ANY BARGAINING UNIT
1945-DETERMINED UNDER EXI STING LAW.
1946-
1947-21–402.
1948-
1949- (A) A PETITION FOR THE ELE CTION OF AN EXCLUSIV E REPRESENTATIVE OF
1950-A BARGAINING UNIT MA Y BE FILED WITH THE BOARD BY:
1951- WES MOORE, Governor Ch. 114
1952-
1953-– 43 –
1954- (1) AN EMPLOYEE ORGANIZA TION SEEKING CERTIFI CATION AS AN
1955-EXCLUSIVE REPRESENTA TIVE; OR
1956-
1957- (2) AN EMPLOYEE , A GROUP OF EMPLOYEES , OR AN EMPLOYEE
1958-ORGANIZATION SEEKING A NEW ELECTION TO DE TERMINE AN EXCLUSIVE
1959-REPRESENTATIVE .
1960-
1961- (B) A PETITION SHALL :
1962-
1963- (1) CONTAIN THE INFORMAT ION THE BOARD REQUIRES ; AND
1964-
1965- (2) BE ACCOMPANIED BY A SHOWING OF INTEREST FORMS FROM 30%
1966-OF THE EMPLOYEES IN THE APPROPRIATE UNIT INDICATING THEIR DES IRE TO BE
1967-EXCLUSIVELY REPRESEN TED BY THE EXCLUSIVE REPRESENTATIVE NAMED IN THE
1968-PETITION FOR THE PUR POSE OF COLLECTIVE B ARGAINING.
1969-
1970- (C) IF THE BOARD DETERMINES THAT A REQUIRED SHOW ING OF INTEREST
1971-IS NOT ADEQUATE , THE BOARD:
1972-
1973- (1) SHALL ALLOW AT A MIN IMUM AN ADDITIONAL 30 DAYS FOR THE
1974-PETITIONER TO SUBMIT ADDITIONAL SHOWING O F INTEREST FORMS AFT ER THE
1975-PETITIONER IS NOTIFI ED OF THE DETERMINAT ION; AND
1976-
1977- (2) MAY, FOR GOOD CAUSE , PROVIDE ADDITIONAL T IME TO THE
1978-PETITIONER TO PROVID E ADDITIONAL FORMS .
1979-
1980- (D) IF A PETITION IS SUPP ORTED BY MORE THAN 50% OF THE PUBLIC
1981-EMPLOYEES IN THE BAR GAINING UNIT , THE PUBLIC EMPLOYER SHALL
1982-IMMEDIATELY RECOGNIZ E THE EMPLOYEE ORGAN IZATION AS THE EXCLUSIVE
1983-REPRESENTATIVE AND A FFORD TO THE EXCLUSI VE REPRESENTATIVE AN D ITS
1984-MEMBERS ALL RIGHTS D UE UNDER THIS TITLE .
1985-
1986- (E) (1) A PETITION FILED UNDER SUBSECTION (A) OF THIS SECTION
1987-SHALL INCLUDE SHOWIN G OF INTEREST FORMS PROVIDED TO THE BOARD FROM AN
1988-EMPLOYEE ORGANIZATIO N.
1989-
1990- (2) THE BOARD SHALL ACCEPT A SHOWING OF INTEREST FORM
1991-WHETHER OR NOT THE S IGNATURES ON THE FOR M ARE ELECTRONIC OR
1992-HANDWRITTEN .
1993-
1994- (3) (I) FOR AN ELECTION THAT IS CONDUCTED TO DETE RMINE
1995-WHETHER AN EXCLUSIVE REPRESENTATIVE S HOULD REPRESENT A UN IT, A
1996-SHOWING OF INTEREST FORM IS VALID IF THE SIGNATURES WERE COLL ECTED Ch. 114 2023 LAWS OF MARYLAND
1997-
1998-– 44 –
1999-WITHIN THE 18–MONTH PERIOD IMMEDIA TELY PRECEDING THE D ATE ON WHICH A
2000-PETITION FOR THE ELE CTION IS FILED.
2001-
2002- (II) FOR AN ELECTION THAT IS CONDUCTED TO DETE RMINE
2003-WHETHER AN EXCLUSIVE R EPRESENTATIVE SHOULD NO LONGER REPRESENT A
2004-UNIT, A SHOWING OF INTERES T FORM IS VALID IF T HE SIGNATURES WERE
2005-COLLECTED WITHIN THE 90–DAY 9–MONTH PERIOD IMMEDIATELY P RECEDING THE
2006-DATE ON WHICH THE PE TITION FOR ELECTION IS FILED.
2007-
2008- (4) A SHOWING OF INTEREST FORM MAY BE USED BY A PUBLIC
2009-EMPLOYEE FOR EACH PU BLIC EMPLOYER THAT E MPLOYS THE PUBLIC EM PLOYEE.
2010-
2011- (F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A PUBLIC
2012-EMPLOYER SHALL PROVI DE TO THE BOARD AND THE EMPLOYE E ORGANIZATION AN
2013-ALPHABETICAL LIST OF PUBLI C EMPLOYEES IN EACH BARGAINING UNIT WITH IN 2
2014-DAYS AFTER A PETITIO N FOR AN ELECTION IS FILED.
2015-
2016- (2) THE LIST REQUIRED TO BE PROVIDED UNDER PA RAGRAPH (1) OF
2017-THIS SUBSECTION SHAL L:
2018-
2019- (I) INCLUDE FOR EACH PUB LIC EMPLOYEE ON THE PAYROLL
2020-FOR THE LAST PAY PERI OD BEFORE A PETITION FOR ELECTION IS FILE D, THE
2021-PUBLIC EMPLOYEE ’S:
2022-
2023- 1. NAME;
2024-
2025- 2. POSITION CLASSIFICAT ION;
2026-
2027- 3. HOME AND WORK SITE A DDRESSES WHERE THE
2028-EMPLOYEE RECEIVES IN TEROFFICE OR UNITED STATES MAIL;
2029-
2030- 4. HOME AND WORK SITE TELEPHONE NUMBE RS;
2031-
2032- 5. PERSONAL CELL PHONE NUMBER; AND
2033-
2034- 6. WORK E–MAIL ADDRESS ; AND
2035-
2036- (II) IDENTIFY EACH PUBLIC EMPLOYEE THAT SHOULD BE
2037-EXCLUDED AS AN ELIGI BLE VOTER WITH A STA TEMENT EXPLAINING TH E REASON
2038-FOR THE EXCLUSION .
2039-
2040- (3) A PUBLIC EMPLOYER MAY NOT CHALLENGE THE EL IGIBILITY OF
2041-A PUBLIC EMPLOYEE ’S VOTE IN AN ELECTIO N IF THE EMPLOYER FA ILS TO EXPLAIN WES MOORE, Governor Ch. 114
2042-
2043-– 45 –
2044-AS REQUIRED UNDER PA RAGRAPH (2) OF THIS SUBSECTION T HE REASON FOR
2045-EXCLUDING A PUBLIC E MPLOYEE UNDER THIS S UBSECTION.
2046-
2047- (4) ON APPLICATION BY A PUBL IC EMPLOYER OR AN EM PLOYEE
2048-ORGANIZATION , THE BOARD MAY DETERMINE T HAT A PUBLIC EMPLOYE R SHALL BE
2049-DESIGNATED AS A JOIN T PUBLIC EMPLOYER OF A PUBLIC EMPLOYEE WI THIN A
2050-BARGAINING UNIT UNDE R THIS SUBTITLE WHEN THE DESIGNATION WOUL D BEST
2051-EFFECTUATE THE PURPOSES OF THIS TITLE.
2052-
2053-21–403.
2054-
2055- (A) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, TITLE 6,
2056-SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, TITLE 16, SUBTITLE 7 OF THE
2057-EDUCATION ARTICLE, OR TITLE 3 OF THE STATE PERSONNEL AND PENSIONS
2058-ARTICLE, THE BOARD SHALL DETERMINE THE APPROPRIATENESS OF EACH
2059-BARGAINING UNIT .
2060-
2061- (2) IF THERE IS NO DISPUT E ABOUT THE APPROPRI ATENESS OF THE
2062-ESTABLISHMENT OF THE BARGAINING UNIT , THE BOARD SHALL ISSUE AN ORDER
2063-DEFINING AN APPROPRI ATE BARGAINING UNIT .
2064-
2065- (3) IF THERE IS A DISPUTE ABOUT T HE APPROPRIATENESS O F THE
2066-ESTABLISHMENT OF THE BARGAINING UNIT , THE BOARD SHALL:
2067-
2068- (I) CONDUCT A HEARING ; AND
2069-
2070- (II) ISSUE AN ORDER DEFIN ING AN APPROPRIATE B ARGAINING
2071-UNIT.
2072-
2073- (B) IF THE APPROPRIATE BA RGAINING UNIT AS DET ERMINED BY THE
2074-BOARD DIFFERS FROM TH E BARGAINING UNIT DE SCRIBED IN THE PETIT ION, THE
2075-BOARD MAY:
2076-
2077- (1) DISMISS THE PETITION ; OR
2078-
2079- (2) DIRECT AN ELECTION I N THE APPROPRIATE BA RGAINING UNIT IF
2080-AT LEAST 30% OF THE SIGNATURES IN CLUDED IN THE PETITI ON ARE OF EMPLOYEES
2081-IN THE APPROPRIATE BARG AINING UNIT.
2082-
2083- (C) A BARGAINING UNIT MAY CONSIST ONLY OF PUBL IC EMPLOYEES.
2084-
2085-21–404.
2086- Ch. 114 2023 LAWS OF MARYLAND
2087-
2088-– 46 –
2089- EACH EMPLOYEE ORGANIZ ATION THAT SEEKS CER TIFICATION AS AN
2090-EXCLUSIVE REPRESENTA TIVE SHALL FILE WITH THE BOARD:
2091-
2092- (1) A COPY OF THE EMPLOY EE ORGANIZATION ’S GOVERNING
2093-DOCUMENTS THAT :
2094-
2095- (I) GIVE INDIVIDUAL MEMB ERS THE RIGHT TO PAR TICIPATE IN
2096-ACTIVITIES OF THE OR GANIZATION;
2097-
2098- (II) REQUIRE PERIODIC ELE CTIONS BY SECRET BAL LOT THAT
2099-ARE CONDUCTED WITH R ECOGNIZED SAFEGUARDS TO ENSURE THE EQUAL RIGHTS
2100-OF ALL MEMBERS TO NO MINATE, SEEK OFFICE, AND VOTE IN THE ELEC TIONS; AND
2101-
2102- (III) DIRECT FULL AND ACCU RATE ACCOUNTING OF A LL INCOME
2103-AND EXPENSES USING S TANDARD ACCOUNTING M ETHODS; AND
2104-
2105- (2) A CERTIFICATION THAT THE EMPLOYEE ORGANIZ ATION ACCEPTS
2106-MEMBERS WITHOUT REGARD TO AN Y CHARACTERISTIC LIS TED IN § 21–201(D) OF
2107-THIS TITLE.
2108-
2109-21–405.
2110-
2111- (A) (1) WITHIN 5 DAYS AFTER DETERMINI NG THAT A VALID PETI TION HAS
2112-BEEN SUBMITTED UNDER § 21–402 OF THIS SUBTITLE , THE BOARD SHALL NOTIFY
2113-INTERESTED EMPLOYEE ORGANIZATIONS OF THE PENDING ELECT ION PETITION.
2114-
2115- (2) WITHIN 10 DAYS AFTER DETERMINI NG THAT A VALID PETI TION
2116-HAS BEEN SUBMITTED U NDER § 21–402 OF THIS SUBTITLE, THE PUBLIC EMPLOYER ,
2117-AS APPROPRIATE , SHALL MAKE AVAILABLE TO ALL INTERESTED EM PLOYEE
2118-ORGANIZATIONS REASON ABLE AND EQUIVALENT ME ANS TO COMMUNICATE B Y MAIL
2119-AND IN PERSON WITH E ACH EMPLOYEE IN THE APPROPRIATE BARGAINI NG UNIT FOR
2120-THE PURPOSE OF SOLIC ITING THE EMPLOYEE ’S VOTE IN AN ELECTIO N HELD UNDER
2121-THIS SECTION.
2122-
2123- (B) AN ELECTION SHALL BE HELD IN A BARGAINING UNIT WITHIN 90 DAYS
2124-AFTER THE FILING OF A VALID PETITION FOR ELECTION IN THE BARG AINING UNIT
2125-IN ACCORDANCE WITH G UIDELINES ESTABLISHE D BY THE BOARD.
2126-
2127- (C) (1) (I) THE BOARD SHALL CONDUCT T HE ELECTION:
2128-
2129- 1. BY SECRET BALLOT ; AND
2130- WES MOORE, Governor Ch. 114
2131-
2132-– 47 –
2133- 2. SUBJECT TO SUBPARAGRAPH (II) OF THIS
2134-PARAGRAPH , IN WHOLE OR IN PART BY IN–PERSON VOTING , MAIL, OR AN
2135-ELECTRONIC VOTING SY STEM.
2136-
2137- (II) THE BOARD MAY DESIGNATE T HE TIME PERIOD FOR
2138-IN–PERSON VOTING UNDER SUBPARAGRAPH (III) OF THIS PARAGRAPH ON LY AFTER
2139-CONSULTING WITH THE PUBLIC EMPLOYER AND EMPLOYEE ORGANIZ ATIONS ON THE
2140-BALLOT.
2141-
2142- (III) 1. THE BOARD SHALL ALLOW AT LEAST 10 DAYS OF
2143-VOTING FOR AN ELECTI ON CONDUCTED UNDER S UBPARAGRAPH (I) OF THIS
2144-PARAGRAPH , UNLESS AN EMPLOYEE O RGANIZATION ON THE B ALLOT REQUESTS AN
2145-EXTENSION.
2146-
2147- 2. IF THE VOTING SYSTEM IS INOPERABLE, THE BOARD
2148-MAY EXTEND THE TIME PERIOD FOR VOTING .
2149-
2150- (2) (I) AN EMPLOYEE ORGANIZAT ION ON A BALLOT MAY REQUEST
2151-A PREFERRED METHOD O F VOTING AT THE TIME A PETITION FOR ELECT ION IS FILED
2152-WITH THE BOARD.
2153-
2154- (II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS
2155-PARAGRAPH , THE BOARD SHALL DESIGNATE THE METHOD OF VOTING BASED ON
2156-THE REQUESTS OF THE EMPLOYEE ORGANIZATIO NS ON THE BALLOT .
2157-
2158- (III) IF THERE IS A DISPUTE BETWEEN TWO OR MORE EMPLOYEE
2159-ORGANIZATIONS ON TH E BALLOT OVER THE ME THOD OF VOTING , THE BOARD MAY
2160-DESIGNATE THE METHOD OF VOTING.
2161-
2162- (3) THE BOARD SHALL PLACE THE FOLLOWING CHOICES ON THE
2163-BALLOT:
2164-
2165- (I) THE NAME OF THE EXCL USIVE REPRESENTATIVE , IF ANY;
2166-
2167- (II) THE NAME OF THE EMPL OYEE ORGANIZATION DE SIGNATED
2168-IN THE PETITION FILE D UNDER § 21–402 OF THIS SUBTITLE WIT H RESPECT TO AN
2169-APPROPRIATE BARGAINI NG UNIT;
2170-
2171- (III) THE NAME OF EACH EMP LOYEE ORGANIZATION
2172-DESIGNATED IN A PETI TION FILED WITH THE BOARD, WITHIN 15 DAYS OF NOTICE OF
2173-THE PENDING ELECTION PETITION, THAT INCLUDES THE SI GNATURES OF AT LEAST
2174-10% OF THE EMPLOYEES IN THE APPROPRIATE BARG AINING UNIT; AND
2175-
2176- (IV) A PROVISION FOR “NO EXCLUSIVE REPRESE NTATIVE”. Ch. 114 2023 LAWS OF MARYLAND
2177-
2178-– 48 –
2179-
2180- (D) IF NONE OF THE CHOICE S ON A BALLOT RECEIV ES A MAJORITY OF THE
2181-VOTES CAST IN AN ELE CTION, THE BOARD SHALL CONDUCT A RUNOFF ELECTION
2182-BETWEEN THE CHOICES THAT RECEIVED THE TW O HIGHEST NUMBER OF VOTES IN
2183-THE ELECTION .
2184-
2185-21–406.
2186-
2187- (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , THE
2188-BOARD SHALL CERTIFY A S EXCLUSIVE REPRESEN TATIVE THE EMPLOYEE
2189-ORGANIZATION RECEIVI NG THE VOTES IN AN E LECTION FROM A MAJOR ITY OF THE
2190-EMPLOYEES VOTING IN THE ELECTION .
2191-
2192- (B) AFTER NOTICE AND AN O PPORTUNITY FOR A HEA RING, THE BOARD MAY
2193-DENY OR REVOKE CERTI FICATION AS EXCLUSIV E REPRESENTATIVE OF AN
2194-EMPLOYEE ORG ANIZATION FOR WILLFU L FAILURE TO COMPLY WITH THIS TITLE.
2195-
2196- (C) NOTWITHSTANDING ANY O THER PROVISION OF TH IS SUBTITLE, THE
2197-BOARD SHALL CERTIFY T HE EMPLOYEE ORGANIZA TION AS THE EXCLUSIV E
2198-REPRESENTATIVE WITHO UT AN ELECTION IF :
2199-
2200- (1) A PETITION FOR AN EXCLUSIVE REPRESENTA TIVE HAS BEEN
2201-FILED FOR A BARGAINI NG UNIT;
2202-
2203- (2) THE BOARD FINDS THAT A MA JORITY OF THE EMPLOY EES IN THE
2204-BARGAINING UNIT HAVE SIGNED VALID AUTHORI ZATIONS DESIGNATING THE
2205-EMPLOYEE ORGANIZATIO N AS THEIR EXCLUSIVE REPRESENTATIVE ; AND
2206-
2207- (3) NO OTHER EMPLOYEE OR GANIZATION IS CURREN TLY CERTIFIED
2208-OR RECOGNIZED AS THE EXCLUSIVE REPRESENTA TIVE OF THE BARGAINI NG UNIT.
2209-
2210-21–407.
2211-
2212- NAMES OR LISTS OF EMP LOYEES PROVIDED TO T HE BOARD IN CONNECTION
2213-WITH AN ELECTION UND ER THIS SUBTITLE ARE NOT SUBJECT T O DISCLOSURE IN
2214-ACCORDANCE WITH TITLE 4 OF THE GENERAL PROVISIONS ARTICLE.
2215-
2216-SUBTITLE 5. COLLECTIVE BARGAINING.
2217-
2218-21–501.
2219-
2220- (A) REPRESENTATIVES OF PU BLIC EMPLOYERS AND E XCLUSIVE
2221-REPRESENTATIVES SHAL L MEET AT REASONABLE TIMES AND ENGAGE IN WES MOORE, Governor Ch. 114
2222-
2223-– 49 –
2224-COLLECTIVE BARGAINI NG IN GOOD FAITH AND TO CONCLUDE A WRITTE N
2225-MEMORANDUM OF UNDERS TANDING OR OTHER NEG OTIATED AGREEMENT IN
2226-ACCORDANCE WITH TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, TITLE
2227-16, SUBTITLE 7 OF THE EDUCATION ARTICLE, OR TITLE 3 OF THE STATE
2228-PERSONNEL AND PENSIONS ARTICLE.
2229-
2230- (B) EACH NEGOTIATED AGREE MENT BETWEEN A PUBLI C EMPLOYER AND
2231-AN EXCLUSIVE REPRESE NTATIVE SHALL CONTAI N A PROCEDURE BY WHI CH A
2232-DISPUTE REGARDING TH E TERMS AND APPLICAT IONS OF THE NEGOTIAT ED
2233-AGREEMENT MAY BE RES OLVED BY AN IMPARTIA L ARBITER IN A PROCEEDING
2234-WHICH BINDS BOTH THE PUBLIC EMPLOYER AND THE EMPLOYEE ORGANIZ ATION TO
2235-THE RESULT.
2236-
2237-21–502.
2238-
2239- (A) THIS SECTION APPLIES TO EMPLOYEE ORGANIZA TIONS EXCLUSIVE
2240-REPRESENTATIVES THAT REPRESENT PUBLI C EMPLOYEES ENTITLED TO USE THE
2241-GRIEVANCE AND APPEAL PROCEDURES ES TABLISHED UNDER :
2242-
2243- (1) TITLES 11 AND 12 OF THE STATE PERSONNEL AND PENSIONS
2244-ARTICLE;
2245-
2246- (2) TITLE 13, SUBTITLE 2 OF THE EDUCATION ARTICLE;
2247-
2248- (3) § 14–302, § 14–408, OR § 16–510 OF THE EDUCATION ARTICLE; OR
2249-
2250- (4) § 2–103.4(D) OF THE TRANSPORTATION ARTICLE.
2251-
2252- (B) IF MEMBERS OF AN EMPL OYEE ORGANIZATION REPRESENTATIVE
2253-REPRESENTS PUBLIC EM PLOYEES WHO ARE ENTITLED TO RAIS E GRIEVANCES OF
2254-PUBLIC EMPLOYER ACTI ONS UNDER THE GRIEVA NCE AND APPEAL PROCE DURES
2255-ESTABLISHED UNDER A PROVISION OF L AW LISTED UNDER SUBS ECTION (A) OF THIS
2256-SECTION, THE GRIEVANCE AND AP PEAL PROCEDURES SHAL L SERVE AS THE
2257-PROCEDURE FOR THE RE SOLUTION OF DISPUTES REGARDING THE TERMS AND
2258-APPLICATION OF MEMOR ANDA OF UNDERSTANDIN G, NEGOTIATED AGREEMENT S,
2259-OR OTHER FINAL WRITT EN AGREEMENTS , TO WHICH EMPLOYEE ORGANIZATIONS
2260-ARE THE EXCLUSIVE REPRES ENTATIVE IS A PARTY.
2261-
2262- (C) AN EXCLUSIVE REPRESEN TATIVE MAY GRIEVE AL LEGED VIOLATIONS
2263-OF A MEMORANDUM OF U NDERSTANDING , NEGOTIATED AGREEMENT , OR OTHER
2264-FINAL WRITTEN AGREEM ENT, AS THE REAL PARTY IN INTEREST UN DER A
2265-GRIEVANCE PROCEDURE ESTABLISHED UNDER A PROVISION OF LAW LIS TED UNDER
2266-SUBSECTION (A) OF THIS SECTION.
2267- Ch. 114 2023 LAWS OF MARYLAND
2268-
2269-– 50 –
2270- (D) THE OFFICE OF ADMINISTRATIVE HEARINGS SHALL HAVE
2271-JURISDICTION TO RESO LVE ANY DISPUTE REGA RDING A MEMORANDUM O F
2272-UNDERSTANDI NG, NEGOTIATED AGREEMENT , OR OTHER FINAL WRITT EN
2273-AGREEMENT , WHEN GRIEVED THROUGH A GRIEVANCE PROCEDUR E CITED IN
2274-SUBSECTION (A) OF THIS SECTION.
2275-
2276-SUBTITLE 6. SHORT TITLE.
2277-
2278-21–601.
2279-
2280- THIS TITLE MAY BE CIT ED AS THE MARYLAND PUBLIC EMPLOYEE RELATIONS
2281-ACT.
2282-
2283-Article – State Personnel and Pensions
2284-
2285-3–101.
2286-
2287- (a) In this title the following words have the meanings indicated.
2288-
2289- (b) “Board” means[:
2290-
2291- (1) with regard to any matter relating to employees of any of the units of
2292-State government described in § 3–102(a)(1)(i) through (iv) and (vi) through (xii) of this
2293-subtitle and employees described in § 3–102(a)(2) and (3) of this subtitle, the State Labor
2294-Relations Board; and
2295-
2296- (2) with regard to any matter relating to employees of any State institution
2297-of higher education described in § 3–102(a)(1)(v) of this subtitle, the State Higher Education
2298-Labor Relations Board] THE PUBLIC EMPLOYEE RELATIONS BOARD.
2299-
2300- (c) “Chancellor” has the meaning stated in § 12–101 of the Education Article.
2301-
2302- (d) “Collective bargaining” means:
2303-
2304- (1) good faith negotiations by authorized representatives of employees and
2305-their employer with the intention of:
2306-
2307- (i) 1. reaching an agreement about wages, hours, and other
2308-terms and conditions of employment; and
2309-
2310- 2. incorporating the terms of the agreement in a written
2311-memorandum of understanding or other written understanding; or
2312-
2313- (ii) clarifying terms and conditions of employment;
2314- WES MOORE, Governor Ch. 114
2315-
2316-– 51 –
2317- (2) administration of terms and conditions of employment; or
2318-
2319- (3) the voluntary adjustment of a dispute or disagreement between
2320-authorized representatives of employees and their employer that arises under a
2321-memorandum of understanding or other written understanding.
2322-
2323- (e) “Employee organization” [means a labor or other organization in which State
2324-employees participate and that has as one of its primary purposes representing employees]
2325-HAS THE MEANING STAT ED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE.
2326-
2327- (f) “Exclusive representative” [means an employee organization that has been
2328-certified by the Board as an exclusive representative under Subtitle 4 of this title] HAS THE
2329-MEANING STATED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE.
2330-
2331- (g) (1) “Faculty at the Maryland School for the Deaf” means employees who
2332-have been granted the following status by the Board of Trustees of the Maryland School for
2333-the Deaf:
2334-
2335- (i) after–school program counselors;
2336-
2337- (ii) American Sign Language specialists;
2338-
2339- (iii) athletic trainers;
2340-
2341- (iv) behavior specialists;
2342-
2343- (v) clerical aides;
2344-
2345- (vi) dorm counselors;
2346-
2347- (vii) employment specialists;
2348-
2349- (viii) instructional technology resource specialists;
2350-
2351- (ix) librarians;
2352-
2353- (x) literacy and reading specialists;
2354-
2355- (xi) occupational therapists;
2356-
2357- (xii) orientation and mobility specialists;
2358-
2359- (xiii) physical therapists;
2360-
2361- (xiv) school counselors;
2362- Ch. 114 2023 LAWS OF MARYLAND
2363-
2364-– 52 –
2365- (xv) school IEP coordinators;
2366-
2367- (xvi) school nurses;
2368-
2369- (xvii) school social workers;
2370-
2371- (xviii) speech–language pathologists;
2372-
2373- (xix) student support specialists;
2374-
2375- (xx) teachers;
2376-
2377- (xxi) teacher aides;
2378-
2379- (xxii) transition coordinators; and
2380-
2381- (xxiii) work–to–learn specialists.
2382-
2383- (2) “Faculty at the Maryland School for the Deaf” does not include officers
2384-or supervisory employees at the Maryland School for the Deaf.
2385-
2386- (h) “President” means:
2387-
2388- (1) with regard to a constituent institution, as defined in § 12–101 of the
2389-Education Article, the president of the constituent institution;
2390-
2391- (2) with regard to a center or institute, as those terms are defined in §
2392-12–101 of the Education Article, the president of the center or institute;
2393-
2394- (3) with regard to the University System of Maryland Office, the
2395-Chancellor of the University System of Maryland; and
2396-
2397- (4) with regard to Morgan State University, St. Mary’s College of
2398-Maryland, and Baltimore City Community College, the president of the institution.
2399-
2400- (i) “System institution” means:
2401-
2402- (1) a constituent institution, as defined in § 12–101 of the Education
2403-Article;
2404-
2405- (2) a center or institute, as those terms are defined in § 12–101 of the
2406-Education Article; and
2407-
2408- (3) the University System of Maryland Office.
2409-
2410-3–102. WES MOORE, Governor Ch. 114
2411-
2412-– 53 –
2413-
2414- (C) EMPLOYEES, EMPLOYERS , AND EXCLUSIVE REPRES ENTATIVES
2415-SUBJECT TO THIS TITL E ARE SUBJECT TO THE P ROVISIONS OF TITLE 21 OF THE
2416-STATE GOVERNMENT ARTICLE.
2417-
2418- (D) (1) SUBJECT TO TITLE 21, SUBTITLE 4 OF THE STATE GOVERNMENT
2419-ARTICLE, A BARGAINING UNIT SH ALL CONSIST ONLY OF EMPLOYEES DEFINED IN
2420-REGULATIONS ADOPTED BY THE SECRETARY AND NOT SPE CIFICALLY EXCLUDED B Y
2421-SUBSECTION (B) OF THIS SECTION.
2422-
2423- (2) (I) EACH SYSTEM INSTITUTI ON, MORGAN STATE UNIVERSITY,
2424-ST. MARY’S COLLEGE OF MARYLAND, AND BALTIMORE CITY COMMUNITY COLLEGE
2425-SHALL HAVE SEPARATE BARGAINING UNITS .
2426-
2427- (II) APPROPRIATE BARGAININ G UNITS SHALL CONSIS T OF:
2428-
2429- 1. ALL ELIGIBLE NONEXEM PT EMPLOYEES , AS
2430-DESCRIBED IN THE FED ERAL FAIR LABOR STANDARDS ACT, EXCEPT ELIGIBLE
2431-SWORN POLICE OFFICER S;
2432-
2433- 2. ALL ELIGIBLE EXEMPT EMPLOYEES, AS DESCRIBED IN
2434-THE FEDERAL FAIR LABOR STANDARDS ACT; AND
2435-
2436- 3. ALL ELIGIBLE SWORN P OLICE OFFICERS .
2437-
2438- (3) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
2439-PARAGRAPH , THE SECRETARY OR THE SECRETARY’S DESIGNEE SHALL HAV E THE
2440-AUTHORITY TO ASSIGN CLASSIFICATION TITLE S AND POSITIONS TO B ARGAINING
2441-UNITS AS APPROPRIATE .
2442-
2443- (II) THE FOLLOWING INDIVID UALS AND ENTITIES SH ALL
2444-ASSIGN CLASSIFICATIO N TITLES AND POSITIO NS TO BARGAINING UNITS AT THE
2445-FOLLOWING INSTITUTIO NS:
2446-
2447- 1. AT A SYSTEM INSTITUT ION, THE PRESIDENT OF THE
2448-SYSTEM INSTITUTION ; AND
2449-
2450- 2. AT MORGAN STATE UNIVERSITY, ST. MARY’S
2451-COLLEGE OF MARYLAND, OR BALTIMORE CITY COMMUNITY COLLEGE, THE
2452-GOVERNING BOARD O F THE INSTITUTION .
2453-
2454- (4) NOTWITHSTANDING ANY O THER PROVISION OF LA W:
2455- Ch. 114 2023 LAWS OF MARYLAND
2456-
2457-– 54 –
2458- (I) MARYLAND TRANSPORTATION AUTHORITY POLICE
2459-OFFICERS AT THE RANK OF FIRST SERGEANT AN D BELOW SHALL HAVE A SEPARATE
2460-BARGAINING UNIT ; AND
2461-
2462- (II) FACULTY AT THE MARYLAND SCHOOL FOR T HE DEAF
2463-SHALL HAVE A SEPARAT E BARGAINING UNIT .
2464-
2465-3–501.
2466-
2467- (e) (1) [Negotiations] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
2468-SUBSECTION, NEGOTIATIONS for a memorandum of understanding shall be considered
2469-closed sessions under § 3–305 of the General Provisions Article.
2470-
2471- (2) AN EXCLUSIVE REPRESEN TATIVE MAY NOT BE CO NSIDERED A
2472-PUBLIC BODY UNDER § 3–101 OF THE GENERAL PROVISIONS ARTICLE.
2473-
2474-3–502.
2475-
2476- (a) Collective bargaining shall include all matters relating to:
2477-
2478- (1) wages, hours, and other terms and conditions of employment; and
2479-
2480- (2) the time and manner of access to a new employee program [as required
2481-under § 3–307 of this title] IN ACCORDANCE WITH § 21–207 OF THE STATE
2482-GOVERNMENT ARTICLE.
2483-
2484- (b) [(1) Collective bargaining may include negotiations relating to the right of
2485-an employee organization to receive service fees from nonmembers.
2486-
2487- (2) An employee whose religious beliefs are opposed to joining or financially
2488-supporting any collective bargaining organization is:
2489-
2490- (i) not required to pay a service fee; and
2491-
2492- (ii) required to pay an amount of money as determined in collective
2493-bargaining negotiations, not to exceed any service fee negotiated under paragraph (1) of
2494-this subsection, to any charitable organization exempt from taxation under § 501(c)(3) of
2495-the Internal Revenue Code and to furnish written proof of the payment to:
2496-
2497- 1. A. the Department;
2498-
2499- B. in the case of an employee of the Maryland Environmental
2500-Service, the Board of Directors of the Service; or
2501- WES MOORE, Governor Ch. 114
2502-
2503-– 55 –
2504- C. in the case of an employee of an institution of higher
2505-education specified in § 3–102(a)(1)(v) of this title, the President of the institution or the
2506-President’s designee; and
2507-
2508- 2. the exclusive representative.
2509-
2510- (c)] Notwithstanding subsection (a) of this section, the representatives of the
2511-State, the Maryland Environmental Service, a system institution, Morgan State
2512-University, St. Mary’s College of Maryland, and Baltimore City Community College:
2513-
2514- (1) [shall] MAY not be required to negotiate over any matter that is
2515-inconsistent with applicable law; and
2516-
2517- (2) may negotiate and reach agreement with regard to any such matter
2518-only if it is understood that the agreement with respect to such matter cannot become
2519-effective unless the applicable law is amended by the General Assembly.
2520-
2521- SECTION 5. AND BE IT FURTHER ENACTED, That the terms of the members of
2522-the Public Employee Relations Board shall expire as follows:
2523-
2524- (1) one member appointed under § 21–302(a)(2) of the State Government
2525-Article, as enacted by Section 3 of this Act, and one member appointed under § 21–302(a)(3)
2526-of the State Government Article, as enacted by Section 3 of this Act, on June 30, 2025;
2527-
2528- (2) one member appointed under § 21–302(a)(2) of the State Government
2529-Article, as enacted by Section 3 of this Act, and one member appointed under § 21–302(a)(3)
2530-of the State Government Article, as enacted by Section 3 of this Act, on June 30, 2029; and
2531-
2532- (3) the chair appointed under § 21–302(a)(1) of the State Government
2533-Article, as enacted by Section 4 of this Act, on June 30, 2027.
2534-
2535- SECTION 6. AND BE IT FURTHER ENACTED, That:
2536-
2537- (a) The Public Employee Relations Board shall be the successor to the State Labor
2538-Relations Board, State Higher Education Labor Relations Board, and Public School Labor
2539-Relations Board, and shall have all powers and duties granted by law to those boards.
2540-
2541- (b) Any investigation, litigation, or other action pending before the State Labor
2542-Relations Board, State Higher Education Labor Relations Board, and Public School Labor
2543-Relations Board on June 30, 2023 shall continue before the Public Employee Relations
2544-Board.
2545-
2546- SECTION 7. AND BE IT FURTHER ENACTED, That, if any provision of this Act or
2547-the application thereof to any person or circumstance is held invalid for any reason in a
2548-court of competent jurisdiction, the invalidity does not affect other provisions or any other Ch. 114 2023 LAWS OF MARYLAND
2549-
2550-– 56 –
2551-application of this Act that can be given effect without the invalid provision or application,
2552-and for this purpose the provisions of this Act are declared severable.
2553-
2554- SECTION 8. AND BE IT FURTHER ENACTED, That this Act shall take effect July
2555-1, 2023.
2556-
2557-Approved by the Governor, April 24, 2023.
1+
2+
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0984*
10+
11+HOUSE BILL 984
12+P4, F5 (3lr1214)
13+ENROLLED BILL
14+— Appropriations/Finance and Education, Energy, and the Environment —
15+Introduced by Delegates J. Lewis, Acevero, Forbes, Harris, Reznik, Smith, and
16+Solomon
17+
18+Read and Examined by Proofreaders:
19+
20+_______________________________________________
21+Proofreader.
22+_______________________________________________
23+Proofreader.
24+
25+Sealed with the Great Seal and presented to the Gov ernor, for his approval this
26+
27+_______ day of _______________ at ________________________ o’clock, ________M.
28+
29+______________________________________________
30+Speaker.
31+
32+CHAPTER ______
33+
34+AN ACT concerning 1
35+
36+Public Employee Relations Act 2
37+
38+FOR the purpose of consolidating and altering certain laws governing collective bargaining 3
39+for certain public employees, including laws related to the establishment of 4
40+bargaining units, elections and certification of exclusive representatives, employee 5
41+and employer rights, unfair labor practices, and strikes and lockouts; establishing 6
42+the Public Employee Relations Board to oversee collective bargaining activities for 7
43+certain public employees; repealing the State Labor Relations Board, the State 8
44+Higher Education Labor Relations Board, and the Public School Labor Relations 9
45+Board; establishing that certain grievance procedures for State employees serve as 10
46+a certain procedure for certain disputes between certain parties; requiring the Office 11
47+of Administrative Hearings to resolve certain disputes regarding a certain 12
48+memorandum of understanding or written agreement under certain circumstances; 13
49+and generally relating to collective bargaining for public employees. 14 2 HOUSE BILL 984
50+
51+
52+
53+BY repealing 1
54+ Article – Education 2
55+Section 6–403, 6–406, 6–407, 6–407.2, 6–409 through 6–411, 6–504, 6–506, 6–507, 3
56+6–509, 6–509.2, and 6–512 through 6–514; 6–801 through 6–807 and the 4
57+subtitle “Subtitle 8. Public School Labor Relations Board”; and 16–704 5
58+through 16–706, 16–710, 16–712, 16–714, and 16–715 6
59+ Annotated Code of Maryland 7
60+ (2022 Replacement Volume) 8
61+
62+BY repealing 9
63+ Article – State Personnel and Pensions 10
64+Section 3–201 through 3–209 and the subtitle “Subtitle 2. State Labor Relations 11
65+Board”; 3–2A–01 through 3–2A–09 and the subtitle “Subtitle 2A. State Higher 12
66+Education Labor Relations Board”; 3–301 through 3–307 and the subtitle 13
67+“Subtitle 3. Rights of Employees and Employers; Strikes, Lockouts, and 14
68+Unfair Labor Practices Prohibited”; and 3–401 through 3–407 and the subtitle 15
69+“Subtitle 4. Election and Certification of Exclusive Representative” 16
70+ Annotated Code of Maryland 17
71+ (2015 Replacement Volume and 2022 Supplement) 18
72+
73+BY renumbering 19
74+ Article – Education 20
75+Section 6–404, 6–405, 6–407.1, 6–408, 6–408.1, 6–505, 6–508, 6–509.1, 6–510, 21
76+16–707, 16–708, 16–709, 16–711, and 16–713 22
77+to be Section 6–403, 6–404, 6–405, 6–406, 6–407, 6–504, 6–505, 6–506, 6–507, 23
78+16–704, 16–705, 16–706, 16–707, and 16–708, respectively 24
79+ Annotated Code of Maryland 25
80+ (2022 Replacement Volume) 26
81+
82+BY repealing and reenacting, with amendments, 27
83+ Article – Education 28
84+Section 2–205(e)(4), 6–401, 6–402, 6–501, 6–503, 9.5–703(c)(2) and (3), 16–701, 29
85+16–702, and 16–703 30
86+ Annotated Code of Maryland 31
87+ (2022 Replacement Volume) 32
88+
89+BY repealing and reenacting, with amendments, 33
90+ Article – Education 34
91+Section 6–403, 6–404, 6–406(c)(3), 6–405, 6–504, 6–505, 6–507(c)(3), 6–506, and 35
92+16–708 36
93+ Annotated Code of Maryland 37
94+ (2022 Replacement Volume) 38
95+ (As enacted by Section 3 of this Act) 39
96+
97+BY repealing and reenacting, with amendments, 40
98+ Article – Health – General 41 HOUSE BILL 984 3
99+
100+
101+Section 15–903(c)(2) and (3) 1
102+ Annotated Code of Maryland 2
103+ (2019 Replacement Volume and 2022 Supplement) 3
104+
105+BY adding to 4
106+ Article – State Government 5
107+Section 21–101 through 21–601 to be under the new title “Title 21. Public Employee 6
108+Relations” 7
109+ Annotated Code of Maryland 8
110+ (2021 Replacement Volume and 2022 Supplement) 9
111+
112+BY repealing and reenacting, with amendments, 10
113+ Article – State Personnel and Pensions 11
114+Section 3–101, 3–501(e), and 3–502 12
115+ Annotated Code of Maryland 13
116+ (2015 Replacement Volume and 2022 Supplement) 14
117+
118+BY adding to 15
119+ Article – State Personnel and Pensions 16
120+Section 3–102(c) and (d) 17
121+ Annotated Code of Maryland 18
122+ (2015 Replacement Volume and 2022 Supplement) 19
123+
124+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
125+That Section(s) 6–403, 6–406, 6–407, 6–407.2, 6–409 through 6–411, 6–504, 6–506, 6–507, 21
126+6–509, 6–509.2, 6–512 through 6–514; 6–801 through 6–807 and the subtitle “Subtitle 8. 22
127+Public School Labor Relations Board”; and 16–704 through 16–706, 16–710, 16–712, 23
128+16–714, and 16–715 of Article – Education of the Annotated Code of Maryland be repealed. 24
129+
130+ SECTION 2 AND BE IT FURTHER ENACTED, That Section(s) 3 –201 through 25
131+3–209 and the subtitle “Subtitle 2. State Labor Relations Board”; 3–2A–01 through 26
132+3–2A–09 and the subtitle “Subtitle 2A. State Higher Education Labor Relations Board”; 27
133+3–301 through 3–307 and the subtitle “Subtitle 3. Rights of Employees and Employers; 28
134+Strikes, Lockouts, and Unfair Labor Practices Prohibited”; and 3–401 through 3–407 and 29
135+the subtitle “Subtitle 4. Election and Certification of Exclusive Representative” of Article – 30
136+State Personnel and Pensions of the Annotated Code of Maryland be repealed. 31
137+
138+ SECTION 3. AND BE IT FURTHER ENACTED, That Section(s) 6 –404, 6–405, 32
139+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
140+and 16–713 of Article – Education of the Annotated Code of Maryland be renumbered to be 34
141+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
142+16–706, 16–707, and 16–708, respectively. 36
143+
144+ SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 37
145+as follows: 38
146+
147+Article – Education 39 4 HOUSE BILL 984
148+
149+
150+
151+2–205. 1
152+
153+ (e) (4) (i) The Public [School Labor] EMPLOYEE Relations Board shall 2
154+decide any controversy or dispute arising under Title 6, Subtitle 4 or Subtitle 5 of this 3
155+article. 4
156+
157+ (ii) A decision of the Public [School Labor] EMPLOYEE Relations 5
158+Board is final. 6
159+
160+6–401. 7
161+
162+ (a) In this subtitle the following words have the meanings indicated. 8
163+
164+ (b) “Board” means the Public [School Labor] EMPLOYEE Relations Board 9
165+[established under Subtitle 8 of this title]. 10
166+
167+ (b–1) “Day” means a calendar day unless otherwise indicated. 11
168+
169+ (c) “Employee organization” [means an organization that: 12
170+
171+ (1) Includes certificated employees of a public school employer or 13
172+individuals of equivalent status in Baltimore City; and 14
173+
174+ (2) Has as one of its main purposes the representation of the employees in 15
175+their relations with that public school employer] HAS THE MEANING STAT ED IN § 21–101 16
176+OF THE STATE GOVERNMENT ARTICLE. 17
177+
178+ (d) (1) “Home and hospital teacher” means a teacher employed by a public 18
179+school employer to provide instructional services to a public school student who is unable 19
180+to function effectively in the classroom setting due to the student’s medical, physical, or 20
181+emotional condition. 21
182+
183+ (2) A home and hospital teacher may teach in: 22
184+
185+ (i) A private home; 23
186+
187+ (ii) A hospital; 24
188+
189+ (iii) A therapeutic center; 25
190+
191+ (iv) A school; or 26
192+
193+ (v) Any other appropriate site. 27
194+ HOUSE BILL 984 5
195+
196+
197+ (d–1) “New employee processing” means the process for a newly hired public school 1
198+employee, whether in person, online, or through other means, in which new employees are 2
199+advised of their employment status, rights, benefits, duties, responsibilities, and other 3
200+employment–related matters. 4
201+
202+ (e) (1) “Public school employee” means a certificated professional individual 5
203+who is employed by a public school employer or an individual of equivalent status in 6
204+Baltimore City, except for a county superintendent or an individual designated by the 7
205+public school employer to act in a negotiating capacity as provided in § 6–408(c) of this 8
206+subtitle. 9
207+
208+ (2) In Montgomery County, “public school employees” include: 10
209+
210+ (i) Certificated and noncertificated substitute teachers employed by 11
211+the public school employer for at least 7 days before March 1 of the school fiscal year ending 12
212+June 30, 1978, and each year after; and 13
213+
214+ (ii) Home and hospital teachers employed by the public school 14
215+employer for at least 7 days before March 1 of the school fiscal year ending June 30, 2000, 15
216+and each year after. 16
217+
218+ (3) In Baltimore County, “public school employee” includes a secondary 17
219+school nurse, an elementary school nurse, and a special school nurse. 18
220+
221+ (4) In Frederick County, “public school employee” includes a social worker 19
222+employed by a public school employer. 20
223+
224+ (5) In Prince George’s County, “public school employee” includes home and 21
225+hospital teachers and Junior Reserve Officer Training Corps (JROTC) instructors. 22
226+
227+ (6) In Baltimore County, Calvert County, Charles County, and Garrett 23
228+County, “public school employee” includes Junior Reserve Officer Training Corps (JROTC) 24
229+instructors. 25
230+
231+ (7) In Carroll County, “public school employee” includes: 26
232+
233+ (i) A registered nurse; 27
234+
235+ (ii) Supervisory noncertificated employees as defined under § 28
236+6–501(i) of this title; and 29
237+
238+ (iii) Junior Reserve Officer Training Corps (JROTC) instructors. 30
239+
240+ (f) “Public school employer” means a county board of education or the Baltimore 31
241+City Board of School Commissioners. 32
242+
243+6–402. 33 6 HOUSE BILL 984
244+
245+
246+
247+ (a) Public school employees may form, join, and participate in the activities of 1
248+employee organizations of their own choice for the purpose of being represented on all 2
249+matters that relate to salaries, wages, hours, and other working conditions. 3
250+
251+ [(b) An employee organization may establish reasonable: 4
252+
253+ (1) Restrictions as to who may join; and 5
254+
255+ (2) Provisions for the dismissal of individuals from membership.] 6
256+
257+ (B) PUBLIC SCHOOL EMPLOYE ES, PUBLIC SCHO OL EMPLOYERS , AND 7
258+EXCLUSIVE REPRESENTA TIVES ARE SUBJECT TO THE PROVISIONS OF TITLE 21 OF 8
259+THE STATE GOVERNMENT ARTICLE. 9
260+
261+6–403. 10
262+
263+ (a) [Each public school employer shall designate, as provided in this subtitle, 11
264+which employee organization, if any, shall be the exclusive representative of all public 12
265+school employees in a specified unit in the county. 13
266+
267+ (b) (1) Except as provided in paragraph (2) of this subsection, the public school 14
268+employer shall determine the composition of the unit in negotiation with any employee 15
269+organization that requests negotiation concerning the composition of the unit. 16
270+
271+ (2)] In St. Mary’s County, licensed registered school nurses, Junior Reserve 17
272+Officers’ Training Corps (JROTC) teachers, and supervisory noncertificated employees of 18
273+the public school employer shall be included in the unit. 19
274+
275+ [(c)] (B) (1) There may not be more than two units in a county. 20
276+
277+ (2) In Baltimore County, one of the units shall consist of employees who 21
278+are administrative and supervisory certificated employees. The second unit shall consist of 22
279+all other public school employees as defined under § 6–401(e)(1) and (3) of this subtitle. 23
280+
281+ [(d)] (C) All eligible public school employees shall: 24
282+
283+ (1) Be included in one of these units; and 25
284+
285+ (2) Have the rights granted in this subtitle AND TITLE 21 OF THE STATE 26
286+GOVERNMENT ARTICLE. 27
287+
288+6–404. 28
289+
290+ (a) [The designation of an employee organization as an exclusive representative 29
291+shall be made as provided in this section. 30 HOUSE BILL 984 7
292+
293+
294+
295+ (b) If an employee organization certifies to the public school employer that it has 1
296+a membership enrollment of at least 30 percent of the total number of public school 2
297+employees in a specified unit in a county as of June 1 of the year in which certification is 3
298+made, this certification is a request for recognition as exclusive representative of all public 4
299+school employees in the specified unit in the county. 5
300+
301+ (c) If another employee organization certifies that it has a membership 6
302+enrollment of at least 10 percent of the total number of public school employees in the unit 7
303+as of the same June 1, an election shall be held in which the public school employees in the 8
304+unit shall be offered the opportunity to choose: 9
305+
306+ (1) One of the employee organizations as the exclusive representative of all 10
307+public school employees in the unit; or 11
308+
309+ (2) Not to have exclusive representation. 12
310+
311+ (d) If no other employee organization certifies that it has a membership 13
312+enrollment of at least 10 percent of the total number of public school employees in the unit, 14
313+on the request of the employee organization under subsection (b) of this section, an election 15
314+shall be held and the ballot shall offer a choice between: 16
315+
316+ (1) Exclusive representation by the organization; and 17
317+
318+ (2) Not to have exclusive representation. 18
319+
320+ (e) The public school employer shall designate the employee organization 19
321+described in subsection (b) of this section as the exclusive representative of all public school 20
322+employees in the specified unit in a county if: 21
323+
324+ (1) No other employee organization certifies that it has a membership 22
325+enrollment of at least 10 percent of the total number of public school employees in the unit; 23
326+
327+ (2) The employee organization does not request an election under 24
328+subsection (d) of this section; and 25
329+
330+ (3) The employee organization certifies that it has a membership 26
331+enrollment of the majority of the public school employees in the unit in the county. 27
332+
333+ (f) (1) The Board shall adopt rules and regulations for: 28
334+
335+ (i) Verifying the number of certificated employees of the public 29
336+school employer or individuals of equivalent status in Baltimore City who are members in 30
337+good standing of an employee organization on the date of the certification or who have 31
338+signed a petition under this section; and 32
339+ 8 HOUSE BILL 984
340+
341+
342+ (ii) Holding elections under this section and the certification of their 1
343+results. 2
344+
345+ (2) The Board shall provide for supervision of these elections. 3
346+
347+ (3) The elections] AN ELECTION HELD UNDE R TITLE 21, SUBTITLE 4 4
348+OF THE STATE GOVERNMENT ARTICLE shall be held: 5
349+
350+ [(i)] (1) In each school facility where public employees are 6
351+assigned on a regularly scheduled school day; 7
352+
353+ [(ii)] (2) In a manner assuring the secrecy of the ballot; and 8
354+
355+ [(iii)] (3) On a regular working day for public school employees, 9
356+between June 1 and June 15, inclusive, except in Baltimore City where the elections shall 10
357+be held between November 1 and November 15 following the date on which certification of 11
358+required membership enrollment is made. 12
359+
360+ [(4) In any election held under this section, the employee organization that 13
361+receives the largest number of votes cast in a unit shall be declared to be the exclusive 14
362+representative of all public school employees in the unit. If the largest number of votes in 15
363+the election is cast not to have exclusive representation, a representative may not be 16
364+designated for the unit. 17
365+
366+ (5)] (B) The public school employer shall provide any assistance required 18
367+in holding the elections. 19
368+
369+6–405. 20
370+
371+ (a) (1) (i) Each public school employer shall provide the exclusive 21
372+representative access to new employee processing. 22
373+
374+ (ii) Except as provided in subparagraph (iii) of this paragraph, the 23
375+public school employer shall provide the exclusive representative at least 10 days’ notice in 24
376+advance of a new employee processing. 25
377+
378+ (iii) The public school employer may provide the exclusive 26
379+representative with less than 10 days’ notice if there is an urgent need critical to the public 27
380+school employer’s new employee processing that was not reasonably foreseeable. 28
381+
382+ (2) (i) The structure, time, and manner of the access required in 29
383+paragraph (1) of this subsection shall be determined through negotiations between the 30
384+public school employer and the exclusive representative in accordance with [§ 6–408] § 31
385+6–406 of this subtitle. 32
386+ HOUSE BILL 984 9
387+
388+
389+ (ii) When negotiating access to new employee processing under 1
390+subparagraph (i) of this paragraph, if any dispute has not been resolved within 45 days 2
391+after the first meeting of the public school employer and the exclusive representative, or 3
392+within 60 days after an initial request to negotiate, whichever occurs first, either party may 4
393+request that the Board declare an impasse under [§ 6–408(e)] § 6–406(E) of this subtitle. 5
394+
395+ (iii) In an impasse proceeding under [§ 6–408(e)] § 6–406(E) of this 6
396+subtitle, the mediator or Board shall consider: 7
397+
398+ 1. The ability of the exclusive representative to communicate 8
399+with the public school employees it represents; 9
400+
401+ 2. The legal obligations of the exclusive representative to the 10
402+public school employees; 11
403+
404+ 3. Applicable State, federal, and local laws; 12
405+
406+ 4. Any stipulations of the parties; 13
407+
408+ 5. The interests and welfare of the public school employees 14
409+and the financial condition of the public school employer; 15
410+
411+ 6. The structure, time, and manner of access of an exclusive 16
412+representative to new employee processing in comparable public school employers, 17
413+including the access provisions in other memoranda of understanding or collective 18
414+bargaining agreements; and 19
415+
416+ 7. Any other facts routinely considered in establishing the 20
417+structure, time, and manner of access of an exclusive representative to new employee 21
418+processing. 22
419+
420+ (3) (i) A request to negotiate under paragraph (2) of this subsection 23
421+made between July 1, 2018, and the expiration date of an existing collective bargaining 24
422+agreement between the parties shall reopen the existing collective bargaining agreement 25
423+only for the purpose of negotiating the access of the exclusive representative to the public 26
424+school employer’s new employee processing. 27
425+
426+ (ii) Either party may elect to negotiate a separate agreement on the 28
427+access of the exclusive representative to the public school employer’s new employee 29
428+processing in lieu of reopening the existing collective bargaining agreement. 30
429+
430+ (b) This section does not prohibit a public school employer and an exclusive 31
431+representative from negotiating access to new employee processing that varies from the 32
432+requirements of this section. 33
433+
434+ (c) Nothing in this section shall abrogate existing collective bargaining 34
435+agreements between public school employers and exclusive representatives. 35 10 HOUSE BILL 984
436+
437+
438+
439+6–406. 1
440+
441+ (c) (3) A public school employer may not negotiate the school calendar[, the 2
442+maximum number of students assigned to a class,] or any matter that is precluded by 3
443+applicable statutory law. 4
444+
445+6–501. 5
446+
447+ (a) In this subtitle the following words have the meanings indicated. 6
448+
449+ (b) “Board” means the Public [School Labor] EMPLOYEE Relations Board 7
450+[established under Subtitle 8 of this title]. 8
451+
452+ (c) “Confidential employee” includes an individual whose employment 9
453+responsibilities require knowledge of the public school employer’s posture in the collective 10
454+negotiation process, as determined by the public school employer in negotiations with an 11
455+employee organization that requests negotiation on this issue. 12
456+
457+ (c–1) “Day” means a calendar day unless otherwise indicated. 13
458+
459+ (d) “Employee organization” [means an organization that: 14
460+
461+ (1) Includes noncertificated employees of a public school employer; and 15
462+
463+ (2) Has as one of its main purposes the representation of the employees in 16
464+their relations with that public school employer] HAS THE MEANING STAT ED IN § 21–101 17
465+OF THE STATE GOVERNMENT ARTICLE. 18
466+
467+ (e) [“Management personnel”] “MANAGERIAL EMPLOYEE ” includes an 19
468+individual who is engaged mainly in executive and managerial functions. 20
469+
470+ (e–1) “New employee processing” means the process for a newly hired public school 21
471+employee, whether in person, online, or through other means, in which new employees are 22
472+advised of their employment status, rights, benefits, duties, responsibilities, and other 23
473+employment–related matters. 24
474+
475+ (f) “Noncertificated employee”, in Montgomery County, means only a full–time 25
476+employee. 26
477+
478+ (g) (1) “Public school employee” means a noncertificated individual who is 27
479+employed for at least 9 months a year on a full–time basis by a public school employer. 28
480+
481+ (2) “Public school employee” includes a noncertificated employee in 29
482+Baltimore City notwithstanding that the noncertificated employee does not work for at 30
483+least 9 months a year on a full–time basis. 31 HOUSE BILL 984 11
484+
485+
486+
487+ (3) “Public school employee” does not include: 1
488+
489+ (i) [Management personnel] A MANAGERIAL EMPLOYEE ; OR 2
490+
491+ (ii) A confidential employee[; or 3
492+
493+ (iii) Any individual designated by the public school employer to act in 4
494+a negotiating capacity as provided in § 6–510(c) of this subtitle]. 5
495+
496+ (h) (1) “Public school employer” means the county board in each county. 6
497+
498+ (2) “Public school employer” includes the Baltimore City Board of School 7
499+Commissioners. 8
500+
501+ (i) “Supervisory employee” includes any individual who responsibly directs the 9
502+work of other employees. 10
503+
504+6–503. 11
505+
506+ (a) Public school employees may form, join, and participate in the activities of 12
507+employee organizations of their own choice for the purpose of being represented on all 13
508+matters that relate to salaries, wages, hours, and other working conditions. 14
509+
510+ [(b) An employee organization may establish reasonable restrictions as to who 15
511+may join and reasonable provisions for the dismissal of individuals from membership, 16
512+except that these restrictions and provisions may not discriminate with regard to the terms 17
513+or conditions of membership because of race, color, marital status, creed, sex, age, or 18
514+national origin.] 19
515+
516+ (B) PUBLIC SCHOOL EMPLOYE ES, PUBLIC SCHOOL EMPLOY ERS, AND 20
517+EXCLUSIVE REPRESENTA TIVES ARE SUBJECT TO THE PROVISIONS OF TITLE 21 OF 21
518+THE STATE GOVERNMENT ARTICLE. 22
519+
520+6–504. 23
521+
522+ (a) [(1) Each public school employer may designate, as provided in this subtitle, 24
523+which employee organization, if any, shall be the exclusive representative of all public 25
524+school employees in a specified unit in the county. 26
525+
526+ (2) In Baltimore City, Garrett County, and Frederick County, the public 27
527+school employer shall designate, as provided in this subtitle, which employee organization, 28
528+if any, shall be the exclusive representative of all public school employees in a specified unit 29
529+in the county. 30
530+ 12 HOUSE BILL 984
531+
532+
533+ (b) The public school employer shall determine the composition of the unit in 1
534+negotiation with any employee organization that requests negotiation concerning the 2
535+composition of the unit. 3
536+
537+ (c)] (1) Except as provided in paragraphs (3) and (5) of this subsection, there 4
538+may not be more than three units in a county and a unit may not include both supervisory 5
539+and nonsupervisory employees. 6
540+
541+ (2) If a county has more than three recognized units and, as of July 1, 1974, 7
542+the units have exclusive representation for collective negotiations, these units may 8
543+continue as negotiating units. 9
544+
545+ (3) In Baltimore County, there shall be three units, including one unit of 10
546+supervisory employees as defined in § 6–501(i) of this subtitle. 11
547+
548+ (4) In Carroll County, beginning on October 1, 2007: 12
549+
550+ (i) There shall be no more than three units; and 13
551+
552+ (ii) All units shall be nonsupervisory units. 14
553+
554+ (5) In Baltimore City, the public school employer may designate a fourth 15
555+unit composed of all Baltimore City school police officers, as defined in § 4–318 of this 16
556+article, up to and including the rank of lieutenant. 17
557+
558+ [(d) (1)] (B) All eligible public school employees shall: 18
559+
560+ [(i)] (1) Be included in one of these units; and 19
561+
562+ [(ii)] (2) Have the rights granted in this subtitle. 20
563+
564+ [(2) Except for an individual who is designated as management personnel 21
565+or a confidential employee under this subtitle, each public school employee is eligible for 22
566+membership in one of the negotiating units.] 23
567+
568+6–505. 24
569+
570+ (a) Employee organizations recognized by the public school employer as the 25
571+exclusive representative of all public school employees in a specified unit on July 1, 1978 26
572+shall continue to be the exclusive representative[: 27
573+
574+ (1) For the rest of the 2–year initial period as provided by § 6–507 of this 28
575+subtitle; and 29
576+ HOUSE BILL 984 13
577+
578+
579+ (2) Beyond the 2–year period until another election is held as provided 1
580+under § 6–507 of this subtitle] SUBJECT TO TITLE 21, SUBTITLE 4 OF THE STATE 2
581+GOVERNMENT ARTICLE. 3
582+
583+ (b) Any collective negotiation agreement that has been entered into by an 4
584+exclusive representative and a public employer as of July 1, 1978 shall continue in effect 5
585+for the term of the agreement. 6
586+
587+6–506. 7
588+
589+ (a) (1) (i) Each public school employer shall provide the exclusive 8
590+representative access to new employee processing. 9
591+
592+ (ii) Except as provided in subparagraph (iii) of this paragraph, the 10
593+public school employer shall provide the exclusive representative at least 10 days’ notice in 11
594+advance of a new employee processing. 12
595+
596+ (iii) The public school employer may provide the exclusive 13
597+representative with less than 10 days’ notice if there is an urgent need critical to the public 14
598+school employer’s new employee processing that was not reasonably foreseeable. 15
599+
600+ (2) (i) The structure, time, and manner of the access required in 16
601+paragraph (1) of this subsection shall be determined through negotiations between the 17
602+public school employer and the exclusive representative in accordance with [§ 6–510] § 18
603+6–507 of this subtitle. 19
604+
605+ (ii) When negotiating access to new employee processing under 20
606+subparagraph (i) of this paragraph, if any dispute has not been resolved within 45 days 21
607+after the first meeting of the public school employer and the exclusive representative, or 22
608+within 60 days after an initial request to negotiate, whichever occurs first, either party may 23
609+request that the Board declare an impasse under [§ 6–510(e)] § 6–507(E) of this subtitle. 24
610+
611+ (iii) In an impasse proceeding under [§ 6–510(e)] § 6–507(E) of this 25
612+subtitle, the mediator or Board shall consider: 26
613+
614+ 1. The ability of the exclusive representative to communicate 27
615+with the public school employees it represents; 28
616+
617+ 2. The legal obligations of the exclusive representative to the 29
618+public school employees; 30
619+
620+ 3. Applicable State, federal, and local laws; 31
621+
622+ 4. Any stipulations of the parties; 32
623+ 14 HOUSE BILL 984
624+
625+
626+ 5. The interests and welfare of the public school employees 1
627+and the financial condition of the public school employer; 2
628+
629+ 6. The structure, time, and manner of access of an exclusive 3
630+representative to new employee processing in comparable public school employers, 4
631+including the access provisions in other memoranda of understanding or collective 5
632+bargaining agreements; and 6
633+
634+ 7. Any other facts routinely considered in establishing the 7
635+structure, time, and manner of access of an exclusive representative to new employee 8
636+processing. 9
637+
638+ (3) (i) A request to negotiate under paragraph (2) of this subsection 10
639+made between July 1, 2018, and the expiration date of an existing collective bargaining 11
640+agreement between the parties shall reopen the existing collective bargaining agreement 12
641+only for the purpose of negotiating the access of the exclusive representative to the public 13
642+school employer’s new employee processing. 14
643+
644+ (ii) Either party may elect to negotiate a separate agreement on the 15
645+access of the exclusive representative to the public school employer’s new employee 16
646+processing in lieu of reopening the existing collective bargaining agreement. 17
647+
648+ (b) This section does not prohibit a public school employer and an exclusive 18
649+representative from negotiating access to new employee processing that varies from the 19
650+requirements of this section. 20
651+
652+ (c) Nothing in this section shall abrogate existing collective bargaining 21
653+agreements between public school employers and exclusive representatives. 22
654+
655+6–507. 23
656+
657+ (c) (3) A public school employer may not negotiate the school calendar[, the 24
658+maximum number of students assigned to a class,] or any matter that is precluded by 25
659+applicable statutory law. 26
660+
661+9.5–703. 27
662+
663+ (c) (2) All elections shall be conducted by the [State Labor] PUBLIC 28
664+EMPLOYEE Relations Board and subject to the requirements and limitations of [Title 3, 29
665+Subtitle 4 of the State Personnel and Pensions Article] TITLE 21, SUBTITLE 4 OF THE 30
666+STATE GOVERNMENT ARTICLE. 31
667+
668+ (3) The [State Labor] PUBLIC EMPLOYEE Relations Board may not 32
669+conduct an election for an exclusive representative if an election or certification of an 33
670+exclusive representative has taken place within the preceding 2 years. 34
671+ HOUSE BILL 984 15
672+
673+
674+16–701. 1
675+
676+ (a) In this subtitle the following words have the meanings indicated. 2
677+
678+ (b) “Agreement” means a written contract between a public employer and an 3
679+employee organization. 4
680+
681+ (c) “Arbitration” means a procedure by which parties involved in a grievance 5
682+submit their differences to an impartial third party for a final and binding decision. 6
683+
684+ (d) “Board” means the [State Higher Education Labor] PUBLIC EMPLOYEE 7
685+Relations Board. 8
686+
687+ (e) “Collective bargaining” has the meaning stated in § 3–101(c) § 3–101(D) of 9
688+the State Personnel and Pensions Article. 10
689+
690+ (f) “Confidential employee” [means a public employee whose unrestricted access 11
691+to personnel, budgetary, or fiscal data subject to use by the public employer in collective 12
692+bargaining, or whose close, continuing working relationship with those responsible for 13
693+negotiating on behalf of the public employer, would make the employee’s membership in an 14
694+employee organization as a rank and file employee incompatible with the employee’s 15
695+duties] HAS THE MEANING STAT ED IN § 21–101 OF THE STATE GOVERNMENT 16
696+ARTICLE. 17
697+
698+ (g) “Employee organization” [means a labor organization of public employees that 18
699+has as one of its primary purposes representing those employees in collective bargaining] 19
700+HAS THE MEANING STAT ED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE. 20
701+
702+ (h) “Exclusive representative” [means an employee organization that has been 21
703+certified by the Board as representing the employees of a bargaining unit] HAS THE 22
704+MEANING STATED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE. 23
705+
706+ (i) “Fact–finding” means a process conducted by the Board that includes: 24
707+
708+ (1) The identification of the major issues in an impasse; 25
709+
710+ (2) The review of the positions of the parties; and 26
711+
712+ (3) A resolution of factual differences by an impartial individual or panel. 27
713+
714+ (j) (1) “Faculty” means employees whose assignments involve academic 28
715+responsibilities, including teachers and department heads. 29
716+
717+ (2) “Faculty” does not include officers, supervisory employees, confidential 30
718+employees, part–time faculty, or student assistants. 31
719+ 16 HOUSE BILL 984
720+
721+
722+ (k) “Grievance” means a dispute concerning the application or interpretation of 1
723+the terms of a collective bargaining agreement. 2
724+
725+ (l) “Impasse” means a failure by a public employer and an exclusive 3
726+representative to achieve agreement in the course of negotiations. 4
727+
728+ (m) “Officer” means the president, a vice president, a dean, or any other similar 5
729+official of the community college as appointed by the board of community college trustees. 6
730+
731+ (n) “Part–time faculty” means employees whose assignments involve academic 7
732+responsibilities, including teachers, counselors, and department heads, who are designated 8
733+with part–time faculty status by the president of the community college. 9
734+
735+ (o) (1) “Public employee” means an employee employed by a public employer. 10
736+
737+ (2) “Public employee” includes faculty and part–time faculty at the 11
738+Baltimore City Community College. 12
739+
740+ (3) “Public employee” does not include: 13
741+
742+ (i) Officers; 14
743+
744+ (ii) Supervisory or confidential employees; or 15
745+
746+ (iii) Student assistants. 16
747+
748+ (p) (1) “Public employer” means the board of community college trustees for a 17
749+community college. 18
750+
751+ (2) “Public employer” includes the Board of Trustees of Baltimore City 19
752+Community College for the purposes of collective bargaining with faculty and part–time 20
753+faculty. 21
754+
755+ [(q) (1) “Showing of interest form” means a written statement from a public 22
756+employee who wishes to be represented by a petitioning employee organization for the 23
757+purpose of collective bargaining. 24
758+
759+ (2) “Showing of interest form” includes: 25
760+
761+ (i) A union authorization card; and 26
762+
763+ (ii) A union membership card. 27
764+
765+ (r) “Strike” means, in concerted action with others for the purpose of inducing, 28
766+influencing, or coercing a change in the wages, hours, or other terms and conditions of 29
767+employment, a public employee’s: 30
768+ HOUSE BILL 984 17
769+
770+
771+ (1) Refusal to report for duty; 1
772+
773+ (2) Willful absence from the position; 2
774+
775+ (3) Stoppage of work; or 3
776+
777+ (4) Abstinence in whole or in part from the proper performance of the 4
778+duties of employment. 5
779+
780+ (s) “Supervisory employee” means a public employee who has full–time and 6
781+exclusive authority to act on behalf of a public employer to: 7
782+
783+ (1) Hire, transfer, suspend, lay off, recall, promote, discharge, assign, 8
784+reward, or discipline other employees; or 9
785+
786+ (2) Adjust employee grievances.] 10
787+
788+16–702. 11
789+
790+ (a) It is the intent of the General Assembly that: 12
791+
792+ (1) The State promote harmonious and cooperative relationships with the 13
793+public employees of the community college system by encouraging collective bargaining 14
794+practices, protecting the rights of public employees to associate, organize, and vote for their 15
795+own exclusive representatives, and recognizing the dignity of labor for all employees of the 16
796+community college system; and 17
797+
798+ (2) A delay in implementation of this subtitle shall be to ensure that 18
799+community colleges are granted sufficient time to plan for potential negotiations and may 19
800+not be used to plan for, or engage in, activities that would discourage or otherwise coerce 20
801+employees seeking to hold an election. 21
802+
803+ (b) This subtitle shall apply: 22
804+
805+ (1) Beginning on September 1, 2022, to: 23
806+
807+ (i) Anne Arundel Community College; 24
808+
809+ (ii) Community College of Baltimore County; 25
810+
811+ (iii) Frederick Community College; 26
812+
813+ (iv) Harford Community College; 27
814+
815+ (v) Howard Community College; 28
816+
817+ (vi) Montgomery College; 29 18 HOUSE BILL 984
818+
819+
820+
821+ (vii) Prince George’s Community College; and 1
822+
823+ (viii) College of Southern Maryland; 2
824+
825+ (2) Beginning on September 1, 2023, to: 3
826+
827+ (i) Allegany College of Maryland; 4
828+
829+ (ii) Carroll Community College; 5
830+
831+ (iii) Cecil College; 6
832+
833+ (iv) Chesapeake College; 7
834+
835+ (v) Garrett College; 8
836+
837+ (vi) Hagerstown Community College; and 9
838+
839+ (vii) Wor–Wic Community College; and 10
840+
841+ (3) Beginning October 1, 2024, Baltimore City Community College. 11
842+
843+ (C) PUBLIC EMPLOYEES , PUBLIC EMPLOYERS , AND EXCLUSIVE 12
844+REPRESENTATIVES ARE SUBJECT TO THE PROVI SIONS OF TITLE 21 OF THE STATE 13
845+GOVERNMENT ARTICLE. 14
846+
847+16–703. 15
848+
849+ [(a) The Board shall conduct an election for an exclusive representative of a 16
850+bargaining unit if: 17
851+
852+ (1) A valid petition is submitted in accordance with § 16–704 of this 18
853+subtitle; and 19
854+
855+ (2) The bargaining unit involved in the petition is determined to be an 20
856+appropriate bargaining unit under subsections (b) and (c) of this section. 21
857+
858+ (b) (1) Except as provided in this subtitle, the Board shall determine the 22
859+appropriateness of each bargaining unit. 23
860+
861+ (2) If there is not a dispute about the appropriateness of the bargaining 24
862+unit, the Board shall issue an order defining an appropriate bargaining unit. 25
863+
864+ (3) If there is a dispute about the appropriateness of the bargaining unit, 26
865+the Board shall: 27 HOUSE BILL 984 19
866+
867+
868+
869+ (i) Conduct a public hearing, receiving written and oral testimony; 1
870+and 2
871+
872+ (ii) Issue an order defining the appropriate bargaining unit. 3
873+
874+ (c)] There may be no more than four bargaining units at each community college 4
875+including: 5
876+
877+ (1) One unit reserved for full–time faculty; 6
878+
879+ (2) One unit reserved for part–time faculty; and 7
880+
881+ (3) Two units reserved for eligible nonexempt employees, as defined in the 8
882+federal Fair Labor Standards Act. 9
883+
884+ [(d) The Board may not require the bargaining units at a community college to 10
885+conform to the requirements of this section if the bargaining units were in existence before 11
886+September 1, 2022.] 12
887+
888+16–708. 13
889+
890+ (a) [A public employer has the right to: 14
891+
892+ (1) Determine how the statutory mandate and goals of the community 15
893+college, including the functions and programs of the community college, its overall budget, 16
894+and its organizational structure, are to be carried out; and 17
895+
896+ (2) Direct college personnel. 18
897+
898+ (b) A public employee has the right to: 19
899+
900+ (1) Organize; 20
901+
902+ (2) Form, join, or assist any employee organization; 21
903+
904+ (3) Bargain collectively through an exclusive representative; 22
905+
906+ (4) Engage in other lawful concerted activity for the purpose of collective 23
907+bargaining; and 24
908+
909+ (5) Refrain from engaging in the activities listed under this subsection. 25
910+
911+ (c)] A public employee or group of public employees has the right at any time to: 26
912+ 20 HOUSE BILL 984
913+
914+
915+ (1) Present a grievance arising under the terms of the agreement to the 1
916+public employer; and 2
917+
918+ (2) Have the grievance adjusted without the intervention of the exclusive 3
919+representative. 4
920+
921+ [(d)] (B) The exclusive representative has the right to be present during any 5
922+meeting involving the presentation or adjustment of a grievance. 6
923+
924+ [(e)] (C) (1) A public employer shall hear a grievance and participate in the 7
925+adjustment of the grievance. 8
926+
927+ (2) The adjustment of a grievance may not be inconsistent with the terms 9
928+of the collective bargaining agreement then in effect. 10
929+
930+ (3) A public employer shall give prompt notice of any adjustment of a 11
931+grievance to the exclusive representative. 12
932+
933+ [(f) A public employer and an employee organization may not interfere with, 13
934+intimidate, restrain, coerce, or discriminate against a public employee because the 14
935+employee exercises rights granted under this section.] 15
936+
937+Article – Health – General 16
938+
939+15–903. 17
940+
941+ (c) (2) All elections shall be conducted by the [State Labor] PUBLIC 18
942+EMPLOYEE Relations Board and subject to the requirements and limitations of [Title 3, 19
943+Subtitle 4 of the State Personnel and Pensions Article] TITLE 21, SUBTITLE 4 OF THE 20
944+STATE GOVERNMENT ARTICLE. 21
945+
946+ (3) The [State Labor] PUBLIC EMPLOYEE Relations Board may not 22
947+conduct an election for an exclusive representative if an election or certification of an 23
948+exclusive representative has taken place within the preceding 2 years. 24
949+
950+Article – State Government 25
951+
952+TITLE 21. PUBLIC EMPLOYEE RELATIONS. 26
953+
954+SUBTITLE 1. DEFINITIONS; GENERAL PROVISIONS. 27
955+
956+21–101. 28
957+
958+ (A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 29
959+INDICATED. 30
960+ HOUSE BILL 984 21
961+
962+
963+ (B) “BOARD” MEANS THE PUBLIC EMPLOYEE RELATIONS BOARD. 1
964+
965+ (C) “CONFIDENTIAL EMPLOYEE ” INCLUDES AN INDIVIDU AL WHOSE 2
966+EMPLOYMENT RESPONSIBILITIES REQ UIRE KNOWLEDGE OF TH E PUBLIC 3
967+EMPLOYER’S POSTURE IN THE COL LECTIVE NEGOTIATION PROCESS MEANS AN 4
968+EMPLOYEE WHO : 5
969+
970+ (1) ACTS IN A CONFIDENTI AL CAPACITY AND FORM ULATES AND 6
971+EFFECTUATES A PUBLIC EMPLOYER’S POLICIES THAT RELA TE TO COLLECTIVE 7
972+BARGAINING WITH PUBLIC EMPLOYEES; OR 8
973+
974+ (2) HAS ACCESS TO CONFID ENTIAL INFORMATION N OT GENERALLY 9
975+AVAILABLE TO PUBLIC EMPLOYEES REGARDING THE FORMULATION AND 10
976+EFFECTUATION OF A PU BLIC EMPLOYER ’S POLICIES THAT RELA TE TO COLLECTIVE 11
977+BARGAINING. 12
978+
979+ (D) (C) UNLESS SPECIFICALLY PROVIDE D OTHERWISE , “DAY” MEANS A 13
980+CALENDAR DAY . 14
981+
982+ (E) (D) “EMPLOYEE ORGANIZATION ” MEANS A LABOR ORGANI ZATION IN 15
983+WHICH PUBLIC EMPLOYE ES PARTICIPATE AND T HAT HAS AS ONE OF IT S PRIMARY 16
984+PURPOSES REPRESENTIN G PUBLIC EMPLOYEES . 17
985+
986+ (F) (E) “EXCLUSIVE REPRESENTATIVE ” MEANS AN EMPLOYEE 18
987+ORGANIZATION THAT HA S BEEN CERTIFIED BY THE BOARD AS AN EXCLUSIVE 19
988+REPRESENTATIVE UNDER SUBTITLE 4 OF THIS TITLE. 20
989+
990+ (G) (F) “LOCKOUT” MEANS ACTION TAKEN B Y A PUBLIC EMPLOYER TO: 21
991+
992+ (1) INTERRUPT OR PREVENT THE CONTINUITY OF THE EMPLOYEES ’ 22
993+USUAL WORK FOR THE P URPOSE AND WITH THE INTENT OF COERCING T HE 23
994+EMPLOYEES INTO RELIN QUISHING RIGHTS GUAR ANTEED BY THIS TITLE ; OR 24
995+
996+ (2) BRING ECONOMIC PRESS URE ON EMPLOYEES FOR THE PURPOSE 25
997+OF SECURING THE AGRE EMENT OF THEIR EXECU TIVE REPRESE NTATIVE TO 26
998+COLLECTIVE BARGAININ G AGREEMENT TERMS . 27
999+
1000+ (H) (G) “PUBLIC EMPLOYEE ” MEANS AN INDIVIDUAL WHO: 28
1001+
1002+ (1) HOLDS A POSITION BY APPOINTMENT OR EMPLO YMENT IN THE 29
1003+SERVICE OF A PUBLIC EMPLOYER WITH COLLEC TIVE BARGAINING RIGH TS UNDER 30
1004+TITLE 3 OF THE STATE PERSONNEL AND PENSIONS ARTICLE OR TITLE 6, SUBTITLE 31
1005+4 OR 5 OR TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE; AND 32
1006+ 22 HOUSE BILL 984
1007+
1008+
1009+ (2) IS NOT A CONFIDENTIA L EMPLOYEE. 1
1010+
1011+ (H) (I) (H) “PUBLIC EMPLOYER ” MEANS: 2
1012+
1013+ (1) THE STATE, INCLUDING ANY UNIT , DEPARTMENT , OR 3
1014+INSTRUMENTALITY OF T HE STATE; 4
1015+
1016+ (2) A COMMUNITY COLLEGE LISTED UNDER § 16–702(B) OF THE 5
1017+EDUCATION ARTICLE; AND 6
1018+
1019+ (3) A COUNTY BOARD OF ED UCATION OR THE BALTIMORE CITY 7
1020+BOARD OF SCHOOL COMMISSIONERS . 8
1021+
1022+ (I) “PUBLIC EMPLOYEE ” MEANS AN INDIVIDUAL WHO: 9
1023+
1024+ (1) HOLDS A POSITION BY APPOINTMENT OR EMPLO YMENT IN THE 10
1025+SERVICE OF A PUBLIC EMPLOYER WITH COLLEC TIVE BARGAINING RIGH TS UNDER 11
1026+TITLE 3 OF THE STATE PERSONNEL AND PENSIONS ARTICLE, TITLE 6, SUBTITLE 4 12
1027+OR 5 OF THE EDUCATION ARTICLE OR TITLE 16, SUBTITLE 7 OF THE EDUCATION 13
1028+ARTICLE; AND 14
1029+
1030+ (2) IS NOT A CONFIDENTIA L EMPLOYEE. 15
1031+
1032+ (J) (I) (1) “SHOWING OF INTEREST F ORM” MEANS A WRITTEN STAT EMENT 16
1033+FROM A PUBLIC EMPLOY EE WHO WISHES TO BE REPRESENTED BY A PET ITIONING 17
1034+EMPLOYEE ORGANIZATIO N FOR THE PURPOSE OF COLLECTIVE BARGAINING. 18
1035+
1036+ (2) “SHOWING OF INTEREST F ORM” INCLUDES: 19
1037+
1038+ (I) A UNION AUTHORIZATIO N CARD; OR 20
1039+
1040+ (II) A UNION MEMBERSHIP C ARD. 21
1041+
1042+ (K) “STRIKE” MEANS ANY CONCERTED WORK STOPPAGE TO IND UCE, 22
1043+INFLUENCE, COERCE, OR ENFORCE DEMANDS F OR A CHANGE IN WAGES , HOURS, 23
1044+TERMS, OR OTHER CONDITIONS OF EMPLOYMENT INCLUDING: 24
1045+
1046+ (1) REFUSAL TO REPORT FO R DUTY; 25
1047+
1048+ (2) WILLFUL ABSENCE FROM A POSITION; 26
1049+
1050+ (3) SLOWDOWN OF WORK ; OR 27
1051+ HOUSE BILL 984 23
1052+
1053+
1054+ (4) ABSTINENCE IN WHOLE OR IN PART FROM THE PROPER 1
1055+PERFORMANCE OF THE D UTIES OF EMPLOYMENT . 2
1056+
1057+ (J) (1) “STRIKE” MEANS ANY CONCERTED ACTION TO IMPEDE THE FULL 3
1058+AND PROPER PERFORMAN CE OF EMPLOYMENT DUT IES IN ORDER TO INDU CE, 4
1059+INFLUENCE, COERCE, OR ENFORCE DEMANDS F OR A CHANGE IN WAGES , HOURS, 5
1060+TERMS, OR OTHER CONDITIONS OF EMPLOYMENT . 6
1061+
1062+ (2) “STRIKE” INCLUDES A TOTAL OR PARTIA L: 7
1063+
1064+ (I) REFUSAL OR FAILURE T O REPORT TO WORK ; 8
1065+
1066+ (II) REFUSAL OR FAILURE T O PERFORM EMPLOYMENT DUTIES; 9
1067+
1068+ (III) WITHDRAWAL FROM WORK ; 10
1069+
1070+ (IV) WORK STOPPAGE ; OR 11
1071+
1072+ (V) WORK SLOWDOWN . 12
1073+
1074+21–102. 13
1075+
1076+ (A) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT IT IS T HE PUBLIC 14
1077+POLICY OF THE STATE TO ENCOURAGE AN D PROTECT THE EXERCI SE BY PUBLIC 15
1078+SECTOR EMPLOYEES OF THE FULL FREEDOM OF ASSOCIATION, 16
1079+SELF–ORGANIZATION , AND DESIGNATION OF R EPRESENTATIVES OF TH EIR OWN 17
1080+CHOOSING, FOR THE PURPOSE OF N EGOTIATING THE TERMS AND CONDITIONS OF 18
1081+THEIR EMPLOYMENT OR OTHER MUTUAL AID OR PROTECTION . 19
1082+
1083+ (B) FOR THE ADVANCEMENT O F THE RIGHTS DESCRIB ED UNDER 20
1084+SUBSECTION (A) OF THIS SECTION AND TO PROMOTE LABOR PEA CE AND THE 21
1085+ORDERLY AND CONS TRUCTIVE RELATIONSHI PS BETWEEN ALL PUBLI C EMPLOYERS 22
1086+AND THEIR EMPLOYEES , THE GENERAL ASSEMBLY HAS DETERMIN ED THAT THE 23
1087+OVERALL POLICY MAY B EST BE ACCOMPLISHED BY: 24
1088+
1089+ (1) GRANTING TO PUBLIC E MPLOYEES THE RIGHT T O ORGANIZE AND 25
1090+CHOOSE FREELY THEIR REPRESENTATI VES; 26
1091+
1092+ (2) REQUIRING PUBLIC EMP LOYERS TO NEGOTIATE AND BARGAIN 27
1093+WITH EMPLOYEE ORGANI ZATIONS REPRESENTING PUBLIC EMPLOYEES AND TO 28
1094+ENTER INTO WRITTEN A GREEMENTS EVIDENCING THE RESULT OF THE BA RGAINING; 29
1095+AND 30
1096+ 24 HOUSE BILL 984
1097+
1098+
1099+ (3) ESTABLISHING PROCEDU RES TO PROVIDE FOR T HE PROTECTION 1
1100+OF THE RIGHTS OF PUB LIC EMPLOYEES , THE PUBLIC EMPLOYERS , AND THE PUBLIC 2
1101+AT LARGE. 3
1102+
1103+ (C) THE LAW OF THE STATE WITH RESPECT TO THE LABOR RIGHTS OF 4
1104+PUBLIC SECTOR EMPLOY EES IS INTENDED TO F OLLOW THE RIGHTS OF EMPLOYEES 5
1105+UNDER THE FEDERAL NATIONAL LABOR RELATIONS ACT. 6
1106+
1107+21–103. 7
1108+
1109+ DECISIONS OF THE FEDE RAL NATIONAL LABOR RELATIONS BOARD SHALL 8
1110+MAY BE AFFORDED PERSUASI VE WEIGHT IN ANY INT ERPRETATION OF THIS TITLE. 9
1111+
1112+SUBTITLE 2. RIGHTS AND DUTIES OF EMPLOYEES, PUBLIC EMPLOYERS, AND 10
1113+EXCLUSIVE REPRESENTATIVES . 11
1114+
1115+21–201. 12
1116+
1117+ (A) EMPLOYEES OF A PUBLIC EMPLOYER HAVE THE RI GHT TO: 13
1118+
1119+ (1) ENGAGE IN CONCERTED ACTIVITIES FOR THE P URPOSES OF 14
1120+MUTUAL AID OR PROTEC TION; AND 15
1121+
1122+ (2) REFRAIN FROM ANY OR ALL ACTIVITIES DESCR IBED UNDER ITEM 16
1123+(1) OF THIS SUBSECTION . 17
1124+
1125+ (B) PUBLIC EMPLOYEES HAVE THE R IGHT TO: 18
1126+
1127+ (1) FORM, JOIN AND PARTICIPATE IN, OR TO REFRAIN FROM 19
1128+FORMING, JOINING, OR PARTICIPATING IN , ANY EMPLOYEE ORGANIZ ATION OF 20
1129+THEIR OWN CHOOSING ; 21
1130+
1131+ (2) BE REPRESENTED BY EM PLOYEE ORGANIZATIONS , TO NEGOTIATE 22
1132+COLLECTIVELY WITH T HEIR PUBLIC EMPLOYER S IN THE DETERMINATI ON OF THEIR 23
1133+TERMS AND CONDITIONS OF EMPLOYMENT , AND THE ADMINISTRATI ON OF 24
1134+GRIEVANCES ARISING T HEREUNDER ; AND 25
1135+
1136+ (3) BE FAIRLY REPRESENTE D BY THEIR EXCLUSIVE 26
1137+REPRESENTATIVE , IF ANY, IN COLLECTIVE BARGAI NING. 27
1138+
1139+ (C) EXCEPT AS PROVIDED IN S UBSECTION (D) OF THIS SECTION , AN 28
1140+EMPLOYEE ORGANIZATIO N MAY ESTABLISH REAS ONABLE: 29
1141+
1142+ (1) RESTRICTIONS AS TO W HO MAY JOIN; AND 30 HOUSE BILL 984 25
1143+
1144+
1145+
1146+ (2) PROVISIONS FOR THE D ISMISSAL OF INDIVIDU ALS FROM 1
1147+MEMBERSHIP . 2
1148+
1149+ (D) AN EMPLOYEE ORGANIZATION MAY NOT ESTABLISH RESTRICTIO NS AND 3
1150+PROVISIONS UNDER SUB SECTION (C) OF THIS SECTION THAT DISCRIMINATE WITH 4
1151+REGARD TO THE TERMS OR CONDITIONS OF MEM BERSHIP BECAUSE OF : 5
1152+
1153+ (1) AGE; 6
1154+
1155+ (2) ANCESTRY; 7
1156+
1157+ (3) COLOR; 8
1158+
1159+ (4) CREED; 9
1160+
1161+ (5) GENDER IDENTITY ; 10
1162+
1163+ (6) MARITAL STATUS; 11
1164+
1165+ (7) MENTAL OR PHYSICAL D ISABILITY; 12
1166+
1167+ (8) NATIONAL ORIGIN ; 13
1168+
1169+ (9) RACE; 14
1170+
1171+ (10) RELIGIOUS AFFILIATIO N, BELIEF, OR OPINION; 15
1172+
1173+ (11) SEX; OR 16
1174+
1175+ (12) SEXUAL ORIENTATION . 17
1176+
1177+21–202. 18
1178+
1179+ A PUBLIC EMPLOYER SHAL L EXTEND TO AN EXCLU SIVE REPRESENTATIVE THE 19
1180+RIGHT TO: 20
1181+
1182+ (1) REPRESENT PUBLIC EMP LOYEES IN: 21
1183+
1184+ (I) NEGOTIATIONS NOTWITH STANDING THE EXISTEN CE OF AN 22
1185+AGREEMENT WITH AN EM PLOYEE ORGANIZATION THAT IS NO LONGER CE RTIFIED OR 23
1186+RECOGNIZED ; AND 24
1187+
1188+ (II) THE SETTLEMENT OF GR IEVANCES; 25
1189+ 26 HOUSE BILL 984
1190+
1191+
1192+ (2) (I) ON REQUEST , INFORMATION FROM A P UBLIC EMPLOYER 1
1193+RELEVANT TO THE ADMI NISTRATION AND NEGOT IATION OF AN AGREEME NT OR THE 2
1194+PROPER PERFORMANCE O F THE EMPLOYEE ORGAN IZATION’S DUTIES AS THE 3
1195+PUBLIC EMPLOYEES ’ REPRESENTATIVE ; AND 4
1196+
1197+ (II) HAVE THE INFORMATION REQUESTED UNDER ITE M (I) OF 5
1198+THIS ITEM MADE AVAIL ABLE AS SOON AS PRAC TICABLE, BUT NOT LATER THAN 30 6
1199+DAYS AFTER THE PUBLI C EMPLOYER RECEIVES THE REQUEST ; AND 7
1200+
1201+ (3) COMMUNICATE WITH ITS MEMBERS AND ELECTED OFFICIALS, IN 8
1202+A MANNER AND AT TIME S AT ITS DISCRETION , CONCERNING ISSUE S RELEVANT TO 9
1203+THE ADMINISTRATION A ND NEGOTIATION OF AN AGREEMENT . 10
1204+
1205+21–203. 11
1206+
1207+ (A) ON WRITTEN REQUEST OF AN EXCLUSIVE REPRESE NTATIVE FOR EACH 12
1208+EMPLOYEE IN THE BARG AINING UNIT REPRESEN TED BY THE EXCLUSIVE 13
1209+REPRESENTATIVE , THE PUBLIC EMPLOYER , AS APPROPRIATE , SHALL PROVIDE THE 14
1210+EXCLUSIVE REPRESENTA TIVE WITH THE EMPLOY EE’S: 15
1211+
1212+ (1) NAME; 16
1213+
1214+ (2) POSITION CLASSIFICAT ION; 17
1215+
1216+ (3) UNIT; 18
1217+
1218+ (4) HOME AND WORK SITE A DDRESSES WHERE THE E MPLOYEE 19
1219+RECEIVES INTEROFFICE OR UNITED STATES MAIL; 20
1220+
1221+ (5) HOME AND WORK SITE T ELEPHONE N UMBERS; 21
1222+
1223+ (6) WORK E–MAIL ADDRESS ; AND 22
1224+
1225+ (7) POSITION IDENTIFICAT ION NUMBER. 23
1226+
1227+ (B) THE PUBLIC EMPLOYER , AS APPROPRIATE , SHALL PROVIDE THE 24
1228+EXCLUSIVE REPRESENTA TIVE WITH THE REQUES TED INFORMATION IN A 25
1229+SEARCHABLE AND ANALY ZABLE ELECTRONIC FOR MAT. 26
1230+
1231+ (C) NAMES OR LISTS OF EMP LOYEES PROVIDED TO T HE BOARD IN 27
1232+CONNECTION WITH AN E LECTION UNDER THIS T ITLE ARE NOT SUBJECT TO 28
1233+DISCLOSURE IN ACCORD ANCE WITH TITLE 4 OF THE GENERAL PROVISIONS 29
1234+ARTICLE. 30
1235+ HOUSE BILL 984 27
1236+
1237+
1238+ (D) (1) EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (3) OF THIS 1
1239+SUBSECTION, AN EXCLUSIVE REPRESE NTATIVE SHALL CONSID ER THE 2
1240+INFORMATION THAT IT RECEIVES UNDER THIS SECTION AS CONFIDENT IAL AND MAY 3
1241+NOT RELEASE THE INFO RMATION TO ANY PERSO N. 4
1242+
1243+ (2) AN EXCLUSIVE REPRESEN TATIVE MAY AUTHORIZE THIRD PARTY 5
1244+CONTRACTORS TO USE T HE INFORMATION THAT IT R ECEIVES UNDER THIS S ECTION, 6
1245+AS DIRECTED BY THE E XCLUSIVE REPRESENTAT IVE, TO CARRY OUT THE EXC LUSIVE 7
1246+REPRESENTATIVE ’S STATUTORY DUTIES U NDER THIS TITLE. 8
1247+
1248+ (3) AN EXCLUSIVE REPRESEN TATIVE OR AN AUTHORI ZED THIRD 9
1249+PARTY CONTRACTOR MAY USE THE INFORMATION THAT IT RECEIVES UNDER TH IS 10
1250+SECTION FOR THE PURP OSE OF MAINTAINING O R INCREASING EMPLOYE E 11
1251+MEMBERSHIP IN AN EMP LOYEE ORGANIZATION . 12
1252+
1253+ (4) ON WRITTEN REQUEST OF AN EMPLOYEE , AN EXCLUSIVE 13
1254+REPRESENTATIVE SHALL WITHHOLD FURTHER COM MUNICATION WITH THE 14
1255+EMPLOYEE UNLESS OTHE RWISE REQUIRED BY LA W OR THE WRITTEN REQ UEST IS 15
1256+REVOKED BY THE EMPLO YEE. 16
1257+
1258+21–204. 17
1259+
1260+ (A) A EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, A PUBLIC 18
1261+EMPLOYER HAS THE RIG HT TO: 19
1262+
1263+ (1) DETERMINE HOW THE ST ATUTORY MANDATE AND GOALS OF THE 20
1264+PUBLIC EMPLOYER , INCLUDING THE FUNCTI ONS AND PROGRAMS OF THE PUBLIC 21
1265+EMPLOYER, ITS OVERALL BUDGET , AND ITS ORGANIZATION AL STRUCTURE , ARE TO 22
1266+BE CARRIED OUT ; AND 23
1267+
1268+ (2) DIRECT EMPLOYEES OF THE PUBLIC EMPLOYER . 24
1269+
1270+ (B) THE STATE, THROUGH ITS APPROPR IATE OFFICERS AND EM PLOYEES, 25
1271+HAS THE RIGHT TO : 26
1272+
1273+ (1) (I) DETERMINE THE MISSIO N, BUDGET, ORGANIZATION , 27
1274+NUMBERS, TYPES AND GRADES OF EMPLOYEES ASSIGNED , THE WORK PROJECTS , 28
1275+TOURS OF DUTY , METHODS, MEANS, AND PERSONNEL BY WHI CH ITS OPERATIONS 29
1276+ARE TO BE CONDUC TED, TECHNOLOGY NEEDED , INTERNAL SECURITY PR ACTICES, 30
1277+AND RELOCATION OF IT S FACILITIES; AND 31
1278+
1279+ (II) MAINTAIN AND IMPROVE THE EFFICIENCY AND 32
1280+EFFECTIVENESS OF GOV ERNMENTAL OPERATIONS ; 33
1281+ 28 HOUSE BILL 984
1282+
1283+
1284+ (2) DETERMINE THE : 1
1285+
1286+ (I) SERVICES TO BE RENDE RED, OPERATIONS TO BE 2
1287+PERFORMED , AND TECHNOLOGY TO BE USED; AND 3
1288+
1289+ (II) OVERALL METHODS , PROCESSES, MEANS, AND CLASSES OF 4
1290+WORK OR PERSONNEL BY WHICH GOVERNMENTAL O PERATIONS ARE TO BE 5
1291+CONDUCTED ; 6
1292+
1293+ (3) HIRE, DIRECT, SUPERVISE, AND ASSIGN EMPLOYEES ; 7
1294+
1295+ (4) (I) PROMOTE, DEMOTE, DISCIPLINE, DISCHARGE, RETAIN, AND 8
1296+LAY OFF EMPLOYEES ; AND 9
1297+
1298+ (II) TERMINATE EMPLOYMENT BECAUSE OF LACK OF F UNDS, 10
1299+LACK OF WORK , UNDER CONDITIONS WHE RE THE EMPLOYER DETE RMINES 11
1300+CONTINUED WORK WOULD BE INEFFICIENT OR NO NPRODUCTIVE , OR FOR OTHER 12
1301+LEGITIMATE REAS ONS; 13
1302+
1303+ (5) SET THE QUALIFICATIO NS OF EMPLOYEES FOR APPOINTMENT AND 14
1304+PROMOTION , AND SET STANDARDS OF CONDUCT; 15
1305+
1306+ (6) ADOPT STATE OR DEPARTMENT RULES , REGULATIONS , OR 16
1307+PROCEDURES ; 17
1308+
1309+ (7) PROVIDE A SYSTEM OF MERIT EMPLOYMENT ACC ORDING TO THE 18
1310+STANDARD OF BUSINE SS EFFICIENCY; AND 19
1311+
1312+ (8) TAKE ACTIONS NOT OTH ERWISE SPECIFIED IN THIS SECTION TO 20
1313+CARRY OUT THE MISSIO N OF THE EMPLOYER . 21
1314+
1315+21–205. 22
1316+
1317+ (A) A PUBLIC EMPLOYER IS P ROHIBITED FROM ENGAG ING IN A LOCKOUT . 23
1318+
1319+ (B) PUBLIC EMPLOYEES ARE PROHIBITED FROM ENGA GING IN A STRIKE. 24
1320+
1321+ (C) A PUBLIC EMPLOYER OR A N EMPLOYEE ORGANIZAT ION MAY NOT 25
1322+INTERFERE WITH , INTIMIDATE, RESTRAIN, COERCE, OR DISCRIMINATE AGAI NST A 26
1323+PUBLIC EMPLOYEE BECA USE THE PUBLIC EMPLO YEE EXERCISES RIGHTS GRANTED 27
1324+UNDER THIS TITLE . 28
1325+
1326+21–206. 29
1327+ HOUSE BILL 984 29
1328+
1329+
1330+ (A) A PUBLIC EMPLOYER AND ITS OFF ICERS, EMPLOYEES, AGENTS, OR 1
1331+REPRESENTATIVES ARE PROHIBITED FROM ENGA GING IN ANY UNFAIR L ABOR 2
1332+PRACTICE, INCLUDING: 3
1333+
1334+ (1) INTERFERING WITH , RESTRAINING, OR COERCING EMPLOYEE S IN 4
1335+THE EXERCISE OF THEI R RIGHTS UNDER THIS TITLE; 5
1336+
1337+ (2) DOMINATING, INTERFERING WITH , CONTRIBUTING FINANCI AL OR 6
1338+OTHER SUPPORT TO , OR ASSISTING IN THE FORMATION, EXISTENCE, OR 7
1339+ADMINISTRATION OF AN Y EMPLOYEE ORGANIZAT ION; 8
1340+
1341+ (3) GRANTING ADMINISTRAT IVE LEAVE TO EMPLOYE ES TO ATTEND 9
1342+EMPLOYER SPONSORED O R SUPPORTED MEET INGS OR EVENTS RELAT ING TO AN 10
1343+ELECTION UNDER SUBTITLE 4 OF THIS TITLE, UNLESS THE PUBLIC EM PLOYER 11
1344+GRANTS EMPLOYEES AT LEAST THE SAME AMOUN T OF ADMINISTRATIVE LEAVE TO 12
1345+ATTEND LABOR ORGANIZ ATION SPONSORED OR S UPPORTED MEETINGS OR 13
1346+EMPLOYEE MEETINGS ; 14
1347+
1348+ (4) DISCRIMINATING IN HIRI NG, TENURE, OR ANY TERM OR 15
1349+CONDITION OF EMPLOYM ENT TO ENCOURAGE OR DISCOURAGE MEMBERSHI P IN AN 16
1350+EMPLOYEE ORGANIZATIO N; 17
1351+
1352+ (5) DISCHARGING OR DISCR IMINATING AGAINST AN EMPLOYEE 18
1353+BECAUSE OF THE SIGNI NG OR FILING OF AN A FFIDAVIT, PETITION, OR COMPLAINT, 19
1354+OR GIVING INFORMATIO N OR TESTIMONY IN CO NNECTION WITH MATTER S UNDER 20
1355+THIS TITLE; 21
1356+
1357+ (6) FAILING TO PROVIDE A LL EMPLOYEE ORGANIZA TIONS INVOLVED 22
1358+IN AN ELECTION THE S AME RIGHTS OF ACCESS AS REQUIRED BY THE BOARD 23
1359+THROUGH REGULATION ; 24
1360+
1361+ (7) ENGAGING IN SURVEILLANCE OF U NION ACTIVITIES; 25
1362+
1363+ (8) REFUSING TO BARGAIN IN GOOD FAITH; 26
1364+
1365+ (9) FAILING TO MEET AN E STABLISHED NEGOTIATI ON DEADLINE , 27
1366+UNLESS A WRITTEN AGR EEMENT BETWEEN THE P UBLIC EMPLOYER AND T HE 28
1367+EXCLUSIVE REPRESENTA TIVE PROVIDES OTHERW ISE; 29
1368+
1369+ (10) ENGAGING IN A LOCKOU T; OR 30
1370+
1371+ (11) SPENDING PUBLIC MONE Y TO CONTRACT WITH , USING PUBLIC 31
1372+RESOURCES TO CONTRACT WITH , OR PROVIDING ASSISTA NCE TO AN INDIVIDUAL OR 32 30 HOUSE BILL 984
1373+
1374+
1375+GROUP FOR A NEGATIVE CAMPAIGN AGAINST EFF ORTS BY EMPLOYEES OF A PUBLIC 1
1376+EMPLOYER OR AN EMPLO YEE ORGANIZATION TO : 2
1377+
1378+ (I) GAIN OR RETAIN COLLE CTIVE BARGAINING RIG HTS; OR 3
1379+
1380+ (II) CERTIFY AN EMPLOYEE ORGANIZATION AS AN E XCLUSIVE 4
1381+REPRESENTATIVE . 5
1382+
1383+ (B) EMPLOYEE ORGANIZATION S AND THEIR AGENTS O R REPRESENTATIVES 6
1384+ARE PROHIBITED FROM ENGAGING IN ANY UNFAIR LABOR PRACTIC E, INCLUDING: 7
1385+
1386+ (1) INTERFERING WITH , RESTRAINING, OR COERCING EMPLOYEE S IN 8
1387+THE EXERCISE OF THEI R RIGHTS UNDER THIS TITLE; 9
1388+
1389+ (2) CAUSING OR ATTEMPTIN G TO CAUSE A PUBLIC EMPLOYER TO 10
1390+DISCRIMINATE IN HIRI NG, TENURE, OR ANY TERM OR CONDI TION OF EMPLOYMENT 11
1391+TO ENCOURAGE OR DISC OURAGE MEMBERSHIP IN AN EMPLOYEE ORGANIZA TION; 12
1392+
1393+ (3) ENGAGING IN , INDUCING, OR ENCOURAGING ANY P ERSON TO 13
1394+ENGAGE IN A STRIKE , AS DEFINED IN § 21–205 OF THIS SUBTITLE; 14
1395+
1396+ (4) INTERFERING WITH THE STATUTORY DUTIES OF THE STATE OR A 15
1397+PUBLIC EMPLOYER ; 16
1398+
1399+ (5) REFUSING TO BARGAIN IN GOOD FAITH; OR 17
1400+
1401+ (6) NOT FAIRLY REPRESENT ING EMPLOYEES IN COL LECTIVE 18
1402+BARGAINING OR IN ANY OTHER MATTER IN WHIC H THE EMPLOYEE ORGAN IZATION 19
1403+HAS THE DUTY OF FAIR REPRESENTATION . 20
1404+
1405+21–207. 21
1406+
1407+ (A) EACH EXCLUSIVE REPRESENTA TIVE HAS THE RIGHT T O COMMUNICATE 22
1408+WITH THE EMPLOYEES T HAT IT REPRESENTS . 23
1409+
1410+ (B) (1) PUBLIC EMPLOYERS SHAL L ALLOW AN EXCLUSIVE 24
1411+REPRESENTATIVE TO : 25
1412+
1413+ (I) MEET WITH A NEW EMPL OYEE IN A BARGAINING UNIT 26
1414+REPRESENTED BY THE E XCLUSIVE REPRESENT ATIVE WITHIN THE FIR ST FULL PAY 27
1415+PERIOD OF THE NEW EM PLOYEE’S START DATE; OR 28
1416+ HOUSE BILL 984 31
1417+
1418+
1419+ (II) ATTEND AND PARTICIPA TE IN A NEW EMPLOYEE PROGRAM 1
1420+THAT INCLUDES ONE OR MORE EMPLOYEES WHO A RE IN A BARGAINING U NIT 2
1421+REPRESENTED BY THE E XCLUSIVE REPRESENTAT IVE. 3
1422+
1423+ (2) THE NEW EMPLOYEE PROGRAM DESCRIBED IN PARAGRA PH (1)(II) 4
1424+OF THIS SUBSECTION M AY BE A NEW EMPLOYEE ORIENTATION , TRAINING, OR OTHER 5
1425+PROGRAM THAT THE PUB LIC EMPLOYER AND AN EXCLUSIVE REPRESENTA TIVE 6
1426+NEGOTIATE IN ACCORDA NCE WITH TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION 7
1427+ARTICLE, TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE, OR TITLE 3 OF THE 8
1428+STATE PERSONNEL AND PENSIONS ARTICLE. 9
1429+
1430+ (3) EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS SUBSECTION , 10
1431+THE EXCLUSIVE REPRES ENTATIVE SHALL BE AL LOWED AT LEAST 30 MINUTES TO 11
1432+MEET WITH THE NEW EMPLOYEE OR TO COLLECTIVELY A DDRESS ALL NEW 12
1433+EMPLOYEES IN ATTENDA NCE DURING A NEW EMP LOYEE PROGRAM . 13
1434+
1435+ (4) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 14
1436+PARAGRAPH , A MEETING BETWEEN TH E NEW EMPLOYEE AND T HE EXCLUSIVE 15
1437+REPRESENTATIVE SHALL BE IN PERSON. 16
1438+
1439+ (II) AN EXCLUSIVE REPRESEN TATIVE MAY CHOOSE TO MEET 17
1440+WITH A NEW EMPLOYEE BY VIDEO OR SIMILAR TECHNOLOGY IF PUBLIC HEALTH 18
1441+CONCERNS NECESSITATE THAT A MEETING BE CO NDUCTED REMOTELY . 19
1442+
1443+ (5) A PUBLIC EMPLOYER AND AN EXCLUSIVE REPRESE NTATIVE MAY 20
1444+NEGOTIATE A PERIOD O F TIME THAT IS MORE THAN 30 MINUTES IN ACCORDANC E 21
1445+WITH TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, TITLE 16, SUBTITLE 22
1446+7 OF THE EDUCATION ARTICLE, OR TITLE 3 OF THE STATE PERSONNEL AND 23
1447+PENSIONS ARTICLE. 24
1448+
1449+ (6) A PUBLIC EMPLOYER : 25
1450+
1451+ (I) SHALL ENCOURAGE AN E MPLOYEE TO MEET WITH THE 26
1452+EXCLUSIVE REPRESENTA TIVE OR ATTEND THE P ORTION OF A NEW EMPL OYEE 27
1453+PROGRAM DESIGNATED F OR AN EXCLUSIVE REPR ESENTATIVE TO ADDRES S NEW 28
1454+EMPLOYEES; AND 29
1455+
1456+ (II) MAY NOT REQUIRE AN E MPLOYEE TO MEET WITH AN 30
1457+EXCLUSIVE REPRESENTATIVE OR ATTEND THE PORTIO N OF A NEW EMPLOYEE 31
1458+PROGRAM DESIGNATED F OR AN EXCLUSIVE REPR ESENTATIVE TO ADDRES S NEW 32
1459+EMPLOYEES IF THE EMP LOYEE OBJECTS TO ATT ENDING. 33
1460+
1461+ (C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION 34
1462+AND SUBJECT TO PA RAGRAPH (3) OF THIS SUBSECTION , A PUBLIC EMPLOYER SH ALL 35 32 HOUSE BILL 984
1463+
1464+
1465+PROVIDE THE EXCLUSIV E REPRESENTATIVE AT LEAST 10 DAYS’ NOTICE OF THE 1
1466+START DATE OF A NEW EMPLOYEE IN A BARGAI NING UNIT REPRESENTE D BY THE 2
1467+EXCLUSIVE REPRESENTA TIVE. 3
1468+
1469+ (2) A PUBLIC EMPLOYER MAY PROVIDE THE EXCLUSIVE 4
1470+REPRESENTATIVE WITH LESS THAN 10 DAYS’ NOTICE IF THERE IS A N URGENT NEED 5
1471+CRITICAL TO THE EMPL OYER THAT WAS NOT RE ASONABLY FORESEEABLE . 6
1472+
1473+ (3) THE NOTICE REQUIRED U NDER PARAGRAPH (1) OF THIS 7
1474+SUBSECTION SHALL : 8
1475+
1476+ (I) BE PROVIDED ELECTRONICALLY TO TH E LOCAL PRESIDENT 9
1477+OR EXCLUSIVE REPRESE NTATIVE DESIGNEE WIT HIN 5 DAYS OF THE EMPLOYEE ’S 10
1478+FIRST CHECK–IN; 11
1479+
1480+ (II) EXCEPT AS PROVIDED I N ITEM (III) OF THIS PARAGRAPH , 12
1481+INCLUDE THE NEW EMPL OYEE’S NAME, UNIT, AND ALL EMPLOYEE IDE NTIFICATION 13
1482+NUMBERS, INCLUDING WORKDAY NUMBERS ; 14
1483+
1484+ (III) EXCLUDE THE NEW EMPL OYEE’S SOCIAL SECURITY 15
1485+NUMBER; AND 16
1486+
1487+ (IV) BE CONSIDERED CONFID ENTIAL BY AN EXCLUSI VE 17
1488+REPRESENTATIVE . 18
1489+
1490+ (4) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 19
1491+PARAGRAPH , AN EXCLUSIVE REPRESENTATIVE MAY N OT DISCLOSE THE 20
1492+INFORMATION IN A NOT ICE. 21
1493+
1494+ (II) THE EXECUTIVE EXCLUSIVE REPRESENTATIVE MAY 22
1495+AUTHORIZE A THIRD –PARTY CONTRACTOR TO USE THE INFORMATION IN A NOTICE, 23
1496+AS DIRECTED BY THE E XCLUSIVE REPRESENTAT IVE, TO FULFILL THE EXCLU SIVE 24
1497+REPRESENTATIVE ’S STATUTORY DUTIES . 25
1498+
1499+21–208. 26
1500+
1501+ AN EMPLOYEE ORGANIZAT ION CERTIFIED AS THE EXCLUSIVE 27
1502+REPRESENTATIVE SHALL : 28
1503+
1504+ (1) SERVE AS THE SOLE AN D EXCLUSIVE BARGAINI NG AGENT FOR ALL 29
1505+EMPLOYEES IN THE BAR GAINING UNIT; 30
1506+
1507+ (2) REPRESENT FAIRLY AND WITHOUT DISCRIMINATI ON ALL 31
1508+EMPLOYEES IN THE BAR GAINING UNIT, WHETHER OR NOT THE E MPLOYEES ARE 32 HOUSE BILL 984 33
1509+
1510+
1511+MEMBERS OF THE EMPLO YEE ORGANIZATION OR ARE PAYING DUES OR O THER 1
1512+CONTRIBUTIONS TO IT OR PARTICIPATING IN ITS AFFAIRS; AND 2
1513+
1514+ (3) PROMPTLY FIL E WITH THE BOARD ALL CHANGES AND 3
1515+AMENDMENTS TO THE OR GANIZATION’S GOVERNING DOCUMENT S. 4
1516+
1517+21–209. 5
1518+
1519+ (A) AN EMPLOYEE ORGANIZAT ION IS ENTITLED TO M EMBERSHIP DUES 6
1520+DEDUCTION, ON PRESENTATION BY T HE EMPLOYEE ORGANIZA TION OF: 7
1521+
1522+ (1) DUES DEDUCTION AUTHO RIZATION CARDS; 8
1523+
1524+ (2) ELECTRONIC MEMBERSHI P APPLICATION; OR 9
1525+
1526+ (3) OTHER METHOD BY WHIC H AN EMPLOYEE HAS MA NIFESTED 10
1527+ASSENT FOR MEMBERSHI P DUES DEDUCTION . 11
1528+
1529+ (B) (1) A PUBLIC EMPLOYER SHAL L COMMENCE MAKING DU ES 12
1530+DEDUCTIONS AS SOON A S PRACTICABLE , BUT NOT LATER THAN 30 DAYS AFTER 13
1531+RECEIVING THE PROOF PRESENTED UNDER SUBS ECTION (A) OF THIS SECTION. 14
1532+
1533+ (2) A PUBLIC EMPLOYER SHAL L TRANSMIT MEMBERSHI P DUES TO 15
1534+THE EMPLOYEE ORGANIZ ATION WITHIN 30 DAYS AFTER THE DEDUC TIONS ARE 16
1535+MADE. 17
1536+
1537+ (3) A PUBLIC EMPLOYER SHAL L ACCEPT AN AUT HORIZATION TO 18
1538+DEDUCT FROM THE SALA RY OF A PUBLIC EMPLO YEE AN AMOUNT FOR TH E PAYMENT 19
1539+OF DUES IN ANY FORMA T AUTHORIZED UNDER § 21–106 OF THE COMMERCIAL LAW 20
1540+ARTICLE. 21
1541+
1542+ (C) THIS SECTION MAY NOT BE CONSTRUED TO REQU IRE AN EMPLOYEE TO 22
1543+BECOME A MEMBER OF A N EMPLOYEE ORGANIZATION . 23
1544+
1545+ (D) (1) THE RIGHT OF AN EMPLO YEE ORGANIZATION TO MEMBERSHIP 24
1546+DUES DEDUCTION SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL : 25
1547+
1548+ (I) AN EMPLOYEE REVOKES MEMBERSHIP IN ACCORD ANCE 26
1549+WITH A COLLECTIVE BA RGAINING AGREEMENT O R THE MEMBERSHIP APP LICATION; 27
1550+
1551+ (II) THE EMPLOYEE CANCELS MEMBERSHIP DUES DEDU CTION 28
1552+UNDER § 2–403 OF THE STATE PERSONNEL AND PENSIONS ARTICLE; OR 29
1553+ 34 HOUSE BILL 984
1554+
1555+
1556+ (III) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 1
1557+EMPLOYEE IS NO LONGE R EMPLOYED BY THE PU BLIC EMPLOYER . 2
1558+
1559+ (2) IF WITHIN A PERIOD OF 1 YEAR, THE EMPLOYEE IS EMPL OYED BY 3
1560+THE SAME PUBLIC EMPL OYER IN A POSITION R EPRESENTED BY THE SA ME 4
1561+EXCLUSIVE REPRESENTA TIVE, THE RIGHT TO MEMBERS HIP DUES DEDUCTION 5
1562+SHALL BE AUTOMATICAL LY REINSTATED . 6
1563+
1564+ (E) IF THE EMPLOYEE WHO H AS CONSENTED TO D UES DEDUCTION IS 7
1565+EITHER REMOVED FROM A PUBLIC EMPLOYER ’S PAYROLL OR OTHERWI SE PLACED 8
1566+ON AN INVOLUNTARY OR VOLUNTARY LEAVE OF A BSENCE, WHETHER PAID OR 9
1567+UNPAID, THE PUBLIC EMPLOYEE ’S MEMBERSHIP DUES DE DUCTION AUTHORIZATIO N 10
1568+SHALL: 11
1569+
1570+ (1) REMAIN EFFECTIVE ; AND 12
1571+
1572+ (2) BE CONTINUED ON THE PUBLIC EMPLOYEE ’S RETURN TO THE 13
1573+PAYROLL OR RESTORATI ON TO ACTIVE EMPLOYM ENT FROM A LEAVE OF ABSENCE. 14
1574+
1575+ (F) IF AN AUTHORIZATION F OR A PUBLIC EMPLOYER TO MAKE 15
1576+MEMBERSHIP DUES DEDU CTION WAS IN EFFECT ON JUNE 30, 2023: 16
1577+
1578+ (1) THE RIGHT OF THE EMPLOYEE O RGANIZATION TO MEMBE RSHIP 17
1579+DUES DEDUCTION SHALL CONTINUE UNLESS THE RIGHT IS TERMINATED UNDER 18
1580+SUBSECTION (D) OF THIS SECTION; AND 19
1581+
1582+ (2) THE EMPLOYEE ORGANIZ ATION MAY NOT BE REQ UIRED TO 20
1583+PRESENT NEW AUTHORIZ ATION UNDER SUBSECTI ON (A) OF THIS SECTION. 21
1584+
1585+21–210. 22
1586+
1587+ (A) A PUBLIC EMPLOYER OR I TS OFFICERS, OR AN AGENT OF THE P UBLIC 23
1588+EMPLOYER, MAY NOT SPEND PUBLIC MONEY, USE PUBLIC RESOURCES , OR PROVIDE 24
1589+ASSISTANCE TO AN IND IVIDUAL OR GROUP FOR A NEGATIVE CAMPAIGN AGAINST 25
1590+EFFORTS BY EMPLOYEES OF A PUBLIC EMPLOYER OR A N EMPLOYEE ORGANIZAT ION 26
1591+TO: 27
1592+
1593+ (1) GAIN OR RETAIN COLLE CTIVE BARGAINING RIG HTS; OR 28
1594+
1595+ (2) CERTIFY AN EMPLOYEE ORGANIZATION AS AN E XCLUSIVE 29
1596+REPRESENTATIVE . 30
1597+
1598+ (B) (1) WITHIN 7 DAYS AFTER A VALID E LECTION HAS BEEN SCH EDULED 31
1599+UNDER SUBTITLE 4 OF THIS TITLE, THE PUBLIC EMPLOYER SHALL ALLOW PUBLIC 32 HOUSE BILL 984 35
1600+
1601+
1602+EMPLOYEES AND EMPLOY EE ORGANIZATIONS TO ACCESS THE EMPLOYER ’S 1
1603+PROPERTY AND FACILIT IES, INCLUDING GROUNDS , ROOMS, BULLETIN BOARDS , 2
1604+INTEROFFICE MAIL , AND OTHER COMMON ARE AS FOR CAMPAIGN ACTI VITIES FOR 3
1605+THE ELECTION. 4
1606+
1607+ (2) THE PUBLIC EMPLOYER M AY NOT: 5
1608+
1609+ (I) LIMIT THE AMOUNT OF TIME A PUBLIC EMPLOY EE HAS 6
1610+ACCESS TO THE PUBLIC EMPLOYER’S PROPERTY AND FACIL ITIES DURING AN 7
1611+ELECTION UNDER THIS SECTION; OR 8
1612+
1613+ (II) ALTER OR REVISE EXIS TING RULES OR REGULA TIONS TO 9
1614+UNFAIRLY LIMIT OR PR OHIBIT PUBLIC EMPLOY EES OR EMPLOYEE ORGA NIZATIONS 10
1615+FROM EXERCISING THEI R RIGHTS UNDER THIS TITLE. 11
1616+
1617+ (3) THIS SUBSECTION MAY N OT BE CONSTRUED TO A LLOW CAMPAIGN 12
1618+ACTIVITIES TO INTERF ERE WITH A PUBLIC EM PLOYER’S OPERATIONS. 13
1619+
1620+SUBTITLE 3. PUBLIC EMPLOYEE RELATIONS BOARD. 14
1621+
1622+21–301. 15
1623+
1624+ THERE IS A PUBLIC EMPLOYEE RELATIONS BOARD ESTABLISHED AS AN 16
1625+INDEPENDENT UNIT OF STATE GOVERNMENT . 17
1626+
1627+21–302. 18
1628+
1629+ (A) THE BOARD CONSISTS OF THE FOLLOWING FIVE MEMBE RS: 19
1630+
1631+ (1) A CHAIR APPOINTED BY THE GOVERNOR WITH THE ADVICE AND 20
1632+CONSENT OF THE SENATE, REPRESENTING THE PUB LIC; 21
1633+
1634+ (2) TWO MEMBERS CHOSEN F ROM A LIST OF CANDID ATES SUBMITTED 22
1635+BY EACH EXCLUSIVE RE PRESENTATIVE , APPOINTED BY THE GOVERNOR WITH DUE 23
1636+REGARD FOR ANY CANDI DATES WHO HAVE MAJOR ITY OR PLURALITY SUP PORT 24
1637+FROM EXCLUSIVE REPRE SENTATIVES, WITH THE ADVICE AND CONSENT OF THE 25
1638+SENATE; AND 26
1639+
1640+ (3) TWO MEMBERS CHOSEN F ROM A LIST OF CANDID ATES SUBMITTED 27
1641+BY PUBLIC EMPLOYERS , APPOINTED BY THE GOVERNOR WITH THE ADV ICE AND 28
1642+CONSENT OF THE SENATE. 29
1643+
1644+ (B) EACH MEMBER OF T HE BOARD: 30
1645+ 36 HOUSE BILL 984
1646+
1647+
1648+ (1) MUST HAVE KNOWLEDGE OF AND EXPERIENCE WI TH LABOR LAW , 1
1649+LABOR MEDIATION , OR LABOR NEGOTIATION S; 2
1650+
1651+ (2) MAY NOT BE OFFICERS OR EMPLOYEES OF A PU BLIC EMPLOYER , 3
1652+OR OF AN EMPLOYEE OR GANIZATION; AND 4
1653+
1654+ (3) MUST BE KNOWN FOR OB JECTIVE AND INDEPEND ENT JUDGMENT . 5
1655+
1656+ (C) BEFORE TAKING OFFICE , EACH MEMBER SHALL TA KE THE OATH 6
1657+REQUIRED BY ARTICLE I, § 9 OF THE MARYLAND CONSTITUTION. 7
1658+
1659+ (D) (1) THE TERM OF A MEMBER IS 6 YEARS. 8
1660+
1661+ (2) THE TERMS OF MEMBERS ARE STAGGERED AS REQ UIRED BY THE 9
1662+TERMS PROVIDED FOR M EMBERS OF THE BOARD ON JULY 1, 2023. 10
1663+
1664+ (3) A VACANCY SHALL BE FIL LED FOR AN UNEXPIRED TERM IN THE 11
1665+SAME MANNER AS AN OR IGINAL APPOINTMENT . 12
1666+
1667+ (4) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 13
1668+A SUCCESSOR IS APPOI NTED AND QUALIFIES . 14
1669+
1670+ (5) A MEMBER WHO IS APPOINTED AFT ER A TERM HAS BEGUN SERVES 15
1671+ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 16
1672+QUALIFIES. 17
1673+
1674+ (E) THE GOVERNOR MAY REMOVE A MEMBER ONLY FOR INCO MPETENCE OR 18
1675+MISCONDUCT . 19
1676+
1677+ (F) IN MAKING APPOINTMENT S TO THE BOARD, THE GOVERNOR SHALL 20
1678+ENSURE, TO THE EXTENT PRACTI CABLE, THAT THE RATIO OF MA LE TO FEMALE 21
1679+MEMBERS AND THE RACI AL MAKEUP OF THE BOARD IS REFLECTIVE O F THE 22
1680+GENERAL POPULATION O F THE STATE. 23
1681+
1682+21–303. 24
1683+
1684+ (A) (1) A MAJORITY OF THE VOTI NG MEMBERS SHALL CON STITUTE A 25
1685+QUORUM FOR: 26
1686+
1687+ (I) THE TRANSACTION OF A NY BUSINESS; OR 27
1688+
1689+ (II) THE EXERCISE OF ANY POWER OR THE PERFORM ANCE OF 28
1690+ANY DUTY AUTHORIZED OR IMPOSED BY LAW . 29
1691+ HOUSE BILL 984 37
1692+
1693+
1694+ (2) FORMAL ACTION MAY NOT BE TAKEN BY THE BOARD WITHOUT 1
1695+THE APPROVAL OF A MA JORITY OF THE VOTING MEMBERS OF THE BOARD. 2
1696+
1697+ (B) THE BOARD SHALL SET THE T IMES AND PLACES OF I TS MEETINGS, BUT 3
1698+SHALL MEET AT LEAST ONCE PER MONTH . 4
1699+
1700+ (C) (1) AN APPOINTED MEMBER O F THE BOARD IS ENTITLED TO : 5
1701+
1702+ (I) THE COMPENSATION PRO VIDED IN THE STATE BUDGET ; 6
1703+AND 7
1704+
1705+ (II) REIMBURSEMENT FOR EXPENSES UNDER T HE STANDARD 8
1706+STATE TRAVEL REGULATIONS AS PROVID ED IN THE STATE BUDGET . 9
1707+
1708+ (2) THE CHAIR OF THE BOARD SHALL GIVE FULL TIME TO THE DUTIES 10
1709+OF CHAIR AND IS ENTI TLED TO A SALARY AS PROVIDED IN THE STATE BUDGET . 11
1710+
1711+21–304. 12
1712+
1713+ (A) (1) THE BOARD SHALL APPOINT AN EXECUTIVE DIRECTOR OF THE 13
1714+BOARD. 14
1715+
1716+ (2) THE EXECUTIVE DIRECTOR: 15
1717+
1718+ (I) IS RESPONSIBLE TO AN D SERVES AT THE PLEA SURE OF THE 16
1719+BOARD; 17
1720+
1721+ (II) MUST HAVE KNOWLEDGE OF AND EXPERIENCE WI TH LABOR 18
1722+ISSUES; AND 19
1723+
1724+ (III) IS ENTITLED TO THE S ALARY PROVIDED IN THE STATE 20
1725+BUDGET. 21
1726+
1727+ (B) THE EXECUTIVE DIRECTOR SHALL PERFOR M THE DUTIES THAT TH E 22
1728+BOARD ASSIGNS, INCLUDING: 23
1729+
1730+ (1) OPERATING THE OFFICE OF THE BOARD; AND 24
1731+
1732+ (2) KEEPING THE OFFICIAL RECORDS OF THE BOARD. 25
1733+
1734+ (C) THE EXECUTIVE DIRECTOR MAY HIRE ANY STAFF NECESSARY TO 26
1735+CARRY OUT THE PROVIS IONS OF THIS TITLE. 27
1736+
1737+21–305. 28 38 HOUSE BILL 984
1738+
1739+
1740+
1741+ (A) THE BOARD SHALL APPOINT : 1
1742+
1743+ (1) A DEPUTY DIRECTOR FO R EXECUTIVE BRANCH LABOR 2
1744+RELATIONS; 3
1745+
1746+ (2) A DEPUTY DIRECTOR FO R PUBLIC SCHOOL LABO R RELATIONS; 4
1747+AND 5
1748+
1749+ (3) A DEPUTY DIRECTOR FO R PUBLIC HIGHER EDUCAT ION LABOR 6
1750+RELATIONS. 7
1751+
1752+ (B) THE DEPUTY DIRECTORS : 8
1753+
1754+ (1) ARE RESPONSIBLE TO A ND SERVE AT THE PLEA SURE OF THE 9
1755+BOARD; 10
1756+
1757+ (2) MUST HAVE KNOWLEDGE OF AND EXPERIENCE WI TH LABOR 11
1758+ISSUES AND THE SUBJE CT MATTER AREA ASSOC IATED WITH THEIR POS ITIONS; AND 12
1759+
1760+ (3) ARE ENTITLED TO THE SALARY PROVIDED IN T HE STATE BUDGET. 13
1761+
1762+21–306. 14
1763+
1764+ (A) THE BOARD IS RESPONSIBLE FOR ADMINISTERING AN D ENFORCING 15
1765+PROVISIONS OF: 16
1766+
1767+ (1) THIS TITLE; 17
1768+
1769+ (2) TITLE 6, SUBTITLE SUBTITLES 4 OR AND 5 OF THE EDUCATION 18
1770+ARTICLE; 19
1771+
1772+ (3) TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE; AND 20
1773+
1774+ (4) TITLE 3 OF THE STATE PERSONNEL AND PENSIONS ARTICLE. 21
1775+
1776+ (B) IN ADDITION TO ANY OT HER POWERS OR DUTIES PROVIDED FOR 22
1777+ELSEWHERE IN THIS TI TLE, TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, 23
1778+TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE, AND TITLE 3 OF THE STATE 24
1779+PERSONNEL AND PENSIONS ARTICLE, THE BOARD MAY: 25
1780+
1781+ (1) ESTABLISH PROCEDURES FOR, SUPERVISE THE CONDUC T OF, AND 26
1782+RESOLVE DISPUTES ABO UT ELECTIONS FOR EXC LUSIVE REPRESENTATIV ES; 27
1783+ HOUSE BILL 984 39
1784+
1785+
1786+ (2) ESTABLISH PROCEDURES FOR AND RESOLVE DISP UTES ABOUT 1
1787+PETITIONS FOR BARGAI NING UNIT CLARIFICAT ION; 2
1788+
1789+ (3) ESTABLISH PROCEDURES FOR AND RESOLVE DISP UTES ABOUT 3
1790+PETITIONS AND ELECTI ONS FOR DECERTIFICAT ION OF AN EXCLUSIVE 4
1791+REPRESENTATIVE ; 5
1792+
1793+ (4) INVESTIGATE AND T AKE APPROPRIATE ACTI ON IN RESPONSE TO 6
1794+COMPLAINTS OF UNFAIR LABOR PRACTICES , INCLUDING STRIKES AN D LOCKOUTS; 7
1795+
1796+ (5) ESTABLISH PROCEDURES FOR AND RESOLVE DISP UTES ABOUT 8
1797+THE NEGOTIABILITY OF BARGAINING SUBJECTS ; 9
1798+
1799+ (6) ON APPLICATION BY AN EXCLUSIVE REPRESE NTATIVE EMPLOYEE 10
1800+ORGANIZATION OR PUBLIC EMPLOYER , DETERMINE THAT THE A PPLICANT SHALL BE 11
1801+DESIGNATED AS A JOIN T PUBLIC EMPLOYER OF PUBLIC EMPLOYEES IN AN 12
1802+EMPLOYER–EMPLOYEE BARGAINING UNIT DETERMINED IN A CCORDANCE WITH 13
1803+SUBTITLE 4 OF THIS TITLE WHEN S UCH DETER MINATION WOULD BEST EFFECTUATE 14
1804+THE PURPOSES OF THIS SUBTITLE; AND 15
1805+
1806+ (7) RESOLVE MATTERS AS P ROVIDED IN §§ 6–408, 6–510, AND 16–711 16
1807+§§ 6–406, 6–507, AND 16–707 OF THE EDUCATION ARTICLE. 17
1808+
1809+ (C) THE BOARD SHALL HAVE BROA D DISCRETION TO TAKE AND ORDER 18
1810+REMEDIAL ACTIONS WHEN IT FIND S THAT A PARTY HAS C OMMITTED AN UNFAIR 19
1811+LABOR PRACTICE , INCLUDING THE RESTOR ATION OF ANY RIGHT , PAY, STATUS, OR 20
1812+BENEFIT LOST BY A PU BLIC EMPLOYEE OR GRO UP OF PUBLIC EMPLOYE ES, DUE TO 21
1813+VIOLATIONS OF THIS T ITLE. 22
1814+
1815+ (D) TO ENFORCE THE PROVISIONS OF THIS S UBTITLE, THE BOARD MAY: 23
1816+
1817+ (1) ISSUE SUBPOENAS ; AND 24
1818+
1819+ (2) ADMINISTER OATHS AND AFFIRMATIONS , EXAMINE WITNESSES , 25
1820+AND RECEIVE EVIDENCE . 26
1821+
1822+ (E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 27
1823+THE BOARD SHALL ADOPT AND ENFORCE R EGULATIONS, GUIDELINES, AND 28
1824+POLICIES TO CARRY OU T THIS TITLE. 29
1825+
1826+ (2) THE BOARD MAY NOT ADOPT A NY REGULATION , GUIDELINE, OR 30
1827+POLICY THAT: 31
1828+ 40 HOUSE BILL 984
1829+
1830+
1831+ (I) UNNECESSARILY DELAYS THE RESOLUTION OF DI SPUTES 1
1832+OVER ELECTIONS , UNFAIR LABOR PRACTIC ES, OR ANY OTHER MATTER UNDER THIS 2
1833+TITLE; OR 3
1834+
1835+ (II) RESTRICTS OR WEAKENS THE PROTECTIONS PROV IDED TO 4
1836+PUBLIC EMPLOYEES AND EMPLOYEE ORGANIZATIO NS UNDER THIS TITLE OR UNDER 5
1837+REGULATIONS . 6
1838+
1839+21–307. 7
1840+
1841+ (A) (1) IF A PARTY HAS BEEN C HARGED WITH ENGAGING IN OR HAS 8
1842+ENGAGED IN AN UNFAIR LABOR PRACTICE , THE APPROPRIATE DEPU TY DIRECTOR 9
1843+SHALL INVESTIGATE TH E CHARGE. 10
1844+
1845+ (2) IF THE BOARD, THROUGH THE DEPUTY D IRECTOR’S 11
1846+INVESTIGATION , FINDS THAT PROBABLE CAUSE EXISTS TO SU PPORT THE CHARGE 12
1847+OF AN UNFAIR LABOR P RACTICE, THE BOARD SHALL: 13
1848+
1849+ (I) ISSUE A COMPLAINT AG AINST THE PARTY STAT ING THE 14
1850+CHARGES; AND 15
1851+
1852+ (II) NOT LESS THAN 15 DAYS AFTER ISSUING T HE COMPLAINT , 16
1853+ISSUE A NOTICE OF A HEARING BEFORE THE BOARD OR THE OFFICE OF 17
1854+ADMINISTRATIVE HEARINGS. 18
1855+
1856+ (B) THE BOARD MAY NOT ISSUE A COMPLAINT UNDER SUBS ECTION (A)(2)(I) 19
1857+OF THIS SECTION IF T HE UNFAIR LABOR PRAC TICE OCCURRED MORE T HAN 6 20
1858+MONTHS BEFORE THE FI LING OF THE CHARGE . 21
1859+
1860+ (C) (1) THE DEPUTY DIRECTORS SHALL ENDEAVOR AT AL L TIMES TO 22
1861+SEEK INFORMAL RESOLU TION OF CHARGES OR C OMPLAINTS. 23
1862+
1863+ (2) THE BOARD AND THE APPROPR IATE DEPUTY DIRECTOR SHALL 24
1864+MAKE ALL PRACTICAL A ND REASONABLE EFFORT S TO RESOLVE CHARGES AND 25
1865+COMPLAINTS OF UNFAIR LABOR PRACTICES IN A SWIFT MANNER . 26
1866+
1867+ (D) FOR THE PURPOS ES OF EXAMINATION AN D THE RIGHT TO COPY , THE 27
1868+BOARD AND THE DEPUTY DIRECTORS SHALL AT A LL REASONABLE TIMES HAVE 28
1869+ACCESS TO EVIDENCE O F A PERSON BEING INV ESTIGATED OR PROCEED ED AGAINST 29
1870+THAT RELATES TO A MA TTER UNDER INVESTIGA TION OR IN QUESTION UNDER THIS 30
1871+SECTION. 31
1872+ HOUSE BILL 984 41
1873+
1874+
1875+ (E) (1) IF THERE IS A CHARGE OF AN UNFAIR LABOR P RACTICE 1
1876+RESULTING FROM A PAR TY’S CONDUCT IN COLLECT IVE BARGAINING AND T HAT IS 2
1877+ALLEGED TO HAVE AN E FFECT ON THE COURSE OF COLLECTIVE BARGAI NING: 3
1878+
1879+ (I) THE APPROPRIATE DEPU TY DIRECTOR SHALL DE TERMINE 4
1880+WHETHER THERE IS PRO BABLE CAUSE FOR THE BOARD TO ISSUE A COMP LAINT; 5
1881+
1882+ (II) IF THE DEPUTY DIRECT OR DETERMINES THERE IS 6
1883+PROBABLE CAUSE , THE BOARD SHALL ISSUE A C OMPLAINT WITHIN 30 DAYS AFTER 7
1884+THE FILING OF TH E CHARGE; AND 8
1885+
1886+ (III) IF A COMPLAINT IS IS SUED, THE BOARD SHALL RESOLVE 9
1887+THE COMPLAINT AND IS SUE A FINAL DECISION WITHIN 90 DAYS AFTER THE FILIN G 10
1888+OF THE CHARGE . 11
1889+
1890+ (2) THE BOARD MAY ACCELERATE THE TIME TO RESOLVE CHARGES 12
1891+AND COMPLAINTS IN EX IGENT CIRCUMSTANCES UNDER REGULATIONS ADOPTED BY 13
1892+THE BOARD. 14
1893+
1894+ (F) (1) THE APPROPRIATE DEPUT Y DIRECTOR SHALL PROSECUTE ANY 15
1895+CHARGE FOR WHICH THE BOARD HAS ISSUED A CO MPLAINT IN A HEARING BEFORE 16
1896+PROVIDE RELEVANT INF ORMATION GATHERED IN THE INVESTIGATION OF A CHARGE 17
1897+OR COMPLAINT OF UNFA IR LABOR PRACTICES T O THE BOARD OR AND THE OFFICE 18
1898+OF ADMINISTRATIVE HEARINGS. 19
1899+
1900+ (2) (G) THE CHARGING PARTY HA S THE RIGHT TO PARTI CIPATE IN 20
1901+ANY HEARING BEFORE T HE BOARD OR THE OFFICE OF ADMINISTRATIVE 21
1902+HEARINGS. 22
1903+
1904+ (G) (H) THE BOARD SHALL ACCEPT DOCUMEN TS FILED BY E–MAIL. 23
1905+
1906+21–308. 24
1907+
1908+ (A) IF A PERSON FAILS TO COMPLY WITH AN ORDER ISSUED BY THE BOARD, 25
1909+A MEMBER OF THE BOARD MAY PETITION TH E CIRCUIT COURT TO O RDER THE 26
1910+PERSON TO COMPLY WIT H THE BOARD’S ORDER. 27
1911+
1912+ (B) THE BOARD MAY NOT BE REQU IRED TO POST BOND IN AN ACTION 28
1913+UNDER SUBSECTION (A) OF THIS SECTION. 29
1914+
1915+21–309. 30
1916+
1917+ (A) THE BOARD IS NOT BOUND BY ANY PRIOR REGULATION , ORDER, 31
1918+ACTION, OPINION, OR DECISION OR ACTION OF THE STATE LABOR RELATIONS 32 42 HOUSE BILL 984
1919+
1920+
1921+BOARD, THE PUBLIC SCHOOL LABOR RELATIONS BOARD, OR THE STATE HIGHER 1
1922+EDUCATION LABOR RELATIONS BOARD, EXCEPT FOR DECISIONS REGARDING UNIT 2
1923+COMPOSITION UNDER § 21–401(C) § 21–403(C) OF THIS TITLE. 3
1924+
1925+ (B) THE BOARD IS BOUND BY PRI OR OPINIONS AND DECI SIONS OF A LABOR 4
1926+BOARD LISTED UNDER S UBSECTION (A) OF THIS SECTION. 5
1927+
1928+ (B) (C) A PRIOR ORDER , ACTION, OPINION, OR DECISION OR ACTION OF A 6
1929+LABOR BOARD LISTED U NDER SUBSECTION (A) OF THIS SECTION OR A NY OTHER 7
1930+BODY MAY BE CONSIDER ED FOR ITS PERSUASIV E VALUE. 8
1931+
1932+ (C) (D) THE BOARD SHALL BE BOUND BY JUDICIAL ORDERS R EGARDING 9
1933+THE SCOPE OF BARGAIN ING UNDER TITLE 6, SUBTITLES 4 AND 5 OF THE 10
1934+EDUCATION ARTICLE. 11
1935+
1936+SUBTITLE 4. ELECTIONS AND CERTIFICATION OF EXCLUSIVE REPRESENTATIVES . 12
1937+
1938+21–401. 13
1939+
1940+ (A) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, THE BOARD 14
1941+SHALL CONDUCT AN ELE CTION FOR AN EXCLUSIVE REP RESENTATIVE OF A 15
1942+BARGAINING UNIT IF : 16
1943+
1944+ (1) A VALID PETITION IS FILED IN ACCORDANCE WITH § 21–402 OF 17
1945+THIS SUBTITLE; AND 18
1946+
1947+ (2) THE BARGAINING UNIT INVOLVED IN THE PETI TION IS 19
1948+DETERMINED TO BE AN APPROPRIATE BARGAINI NG UNIT UNDER § 21–403 OF THIS 20
1949+SUBTITLE. 21
1950+
1951+ (B) THE BOARD MAY NOT CONDUCT AN ELECTION FOR AN E XCLUSIVE 22
1952+REPRESENTATIVE OF A BARGAINING UNIT IF T HE BOARD HAS CONDUCTED A N 23
1953+ELECTION OR CERTIFIE D AN EXCLUSIVE REPRE SENTATIVE FOR THAT B ARGAINING 24
1954+UNIT WITHIN THE IMME DIATELY PRECED ING 12 MONTHS. 25
1955+
1956+ (C) (1) AN EXCLUSIVE REPRESEN TATIVE OR A BARGAINI NG UNIT IN 26
1957+EXISTENCE ON JUNE 30, 2023: 27
1958+
1959+ (I) SHALL CONTINUE WITHO UT THE REQUIREMENT O F AN 28
1960+ELECTION AND CERTIFI CATION UNTIL A QUEST ION CONCERNING REPRE SENTATION 29
1961+IS RAISED UNDER THIS TITLE; OR 30
1962+ HOUSE BILL 984 43
1963+
1964+
1965+ (II) UNTIL THE BOARD FINDS THE UNIT NOT TO BE 1
1966+APPROPRIATE AFTER CH ALLENGE BY THE PUBLI C EMPLOYER , A MEMBER OF THE 2
1967+UNIT, OR AN EMPLOYEE ORGAN IZATION. 3
1968+
1969+ (2) (I) THE APPROPRIATENESS O F THE UNIT MAY NOT B E 4
1970+CHALLENGED UNTIL THE EXPIRATION OF ANY CO LLECTIVE BARGAINING 5
1971+AGREEMENT IN EFFECT ON JUNE 30, 2023. 6
1972+
1973+ (II) THE BOARD MAY NOT MODIFY ANY BARGAINING UNIT 7
1974+DETERMINED UNDER EXI STING LAW. 8
1975+
1976+21–402. 9
1977+
1978+ (A) A PETITION FOR THE ELE CTION OF AN EXCLUSIV E REPRESENTATIVE OF 10
1979+A BARGAINING UNIT MA Y BE FILED WITH TH E BOARD BY: 11
1980+
1981+ (1) AN EMPLOYEE ORGANIZA TION SEEKING CERTIFI CATION AS AN 12
1982+EXCLUSIVE REPRESENTA TIVE; OR 13
1983+
1984+ (2) AN EMPLOYEE , A GROUP OF EMPLOYEES , OR AN EMPLOYEE 14
1985+ORGANIZATION SEEKING A NEW ELECTION TO DE TERMINE AN EXCLUSIVE 15
1986+REPRESENTATIVE . 16
1987+
1988+ (B) A PETITION SHALL: 17
1989+
1990+ (1) CONTAIN THE INFORMAT ION THE BOARD REQUIRES ; AND 18
1991+
1992+ (2) BE ACCOMPANIED BY A SHOWING OF INTEREST FORMS FROM 30% 19
1993+OF THE EMPLOYEES IN THE APPROPRIATE UNIT INDICATING THEIR DES IRE TO BE 20
1994+EXCLUSIVELY REPRESEN TED BY THE EXCLUSIVE REPRESENTATIVE NAMED IN THE 21
1995+PETITION FOR THE PUR POSE OF COLLECTIVE B ARGAINING. 22
1996+
1997+ (C) IF THE BOARD DETERMINES THAT A REQUIRED SHOW ING OF INTEREST 23
1998+IS NOT ADEQUATE , THE BOARD: 24
1999+
2000+ (1) SHALL ALLOW AT A MIN IMUM AN ADDITIONAL 30 DAYS FOR THE 25
2001+PETITIONER TO SUBMIT ADDITIONAL SHOWING O F INTEREST FORMS AFT ER THE 26
2002+PETITIONER IS NOTIFI ED OF THE DETERMINAT ION; AND 27
2003+
2004+ (2) MAY, FOR GOOD CAUSE , PROVIDE ADDITIONAL T IME TO THE 28
2005+PETITIONER TO PROVID E ADDITIONAL FORMS . 29
2006+
2007+ (D) IF A PETITION IS SUPP ORTED BY MORE THAN 50% OF THE PUBLIC 30
2008+EMPLOYEES IN THE BAR GAINING UNIT , THE PUBLIC EMPLOYER SHALL 31 44 HOUSE BILL 984
2009+
2010+
2011+IMMEDIATELY RECOGNIZ E THE EMPLOYEE ORGAN IZATION AS THE EXCLUSIVE 1
2012+REPRESENTATIVE AND A FFORD TO THE EXCLUSI VE REPRESENTATIVE AN D ITS 2
2013+MEMBERS ALL RIGHTS D UE UNDER THIS TITLE . 3
2014+
2015+ (E) (1) A PETITION FILED UNDER SUBSECTION (A) OF THIS SECTION 4
2016+SHALL INCLUDE SHOWIN G OF INTEREST FORMS PROVIDED TO THE BOARD FROM AN 5
2017+EMPLOYEE ORGANIZATIO N. 6
2018+
2019+ (2) THE BOARD SHALL ACCEPT A SHOWING OF INTEREST FORM 7
2020+WHETHER OR NOT THE S IGNATURES ON THE FOR M ARE ELECTRONIC OR 8
2021+HANDWRITTEN . 9
2022+
2023+ (3) (I) FOR AN ELECTION THAT IS CONDUCTED TO DETE RMINE 10
2024+WHETHER AN EXCLUSIVE REPRESENTATIVE SHOU LD REPRESENT A UNIT , A 11
2025+SHOWING OF INTEREST FORM IS VALID IF THE SIGNATURES WERE COLL ECTED 12
2026+WITHIN THE 18–MONTH PERIOD IMMEDIA TELY PRECEDING THE D ATE ON WHICH A 13
2027+PETITION FOR THE ELE CTION IS FILED. 14
2028+
2029+ (II) FOR AN ELECTION THAT IS CONDUCTED TO DETE RMINE 15
2030+WHETHER AN EXCLUSIVE REPR ESENTATIVE SHOULD NO LONGER REPRESENT A 16
2031+UNIT, A SHOWING OF INTERES T FORM IS VALID IF T HE SIGNATURES WERE 17
2032+COLLECTED WITHIN THE 90–DAY 9–MONTH PERIOD IMMEDIATELY P RECEDING THE 18
2033+DATE ON WHICH THE PE TITION FOR ELECTION IS FILED. 19
2034+
2035+ (4) A SHOWING OF INTEREST FORM MAY BE USED BY A PUBLIC 20
2036+EMPLOYEE FOR EACH PU BLIC EMPLOYER THAT E MPLOYS THE PUBLIC EM PLOYEE. 21
2037+
2038+ (F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A PUBLIC 22
2039+EMPLOYER SHALL PROVI DE TO THE BOARD AND THE EMPLOYE E ORGANIZATION AN 23
2040+ALPHABETICAL LIST OF PUBLI C EMPLOYEES IN EACH BARGAINING UNIT WITH IN 2 24
2041+DAYS AFTER A PETITIO N FOR AN ELECTION IS FILED. 25
2042+
2043+ (2) THE LIST REQUIRED TO BE PROVIDED UNDER PA RAGRAPH (1) OF 26
2044+THIS SUBSECTION SHAL L: 27
2045+
2046+ (I) INCLUDE FOR EACH PUB LIC EMPLOYEE ON THE PAYROLL 28
2047+FOR THE LAST PAY PER IOD BEFORE A PETITIO N FOR ELECTION IS FI LED, THE 29
2048+PUBLIC EMPLOYEE ’S: 30
2049+
2050+ 1. NAME; 31
2051+
2052+ 2. POSITION CLASSIFICAT ION; 32
2053+ HOUSE BILL 984 45
2054+
2055+
2056+ 3. HOME AND WORK SITE A DDRESSES WHERE THE 1
2057+EMPLOYEE RECEIVES IN TEROFFICE OR UNITED STATES MAIL; 2
2058+
2059+ 4. HOME AND WORK SITE TELEPHONE NUMBE RS; 3
2060+
2061+ 5. PERSONAL CELL PHONE NUMBER; AND 4
2062+
2063+ 6. WORK E–MAIL ADDRESS ; AND 5
2064+
2065+ (II) IDENTIFY EACH PUBLIC EMPLOYEE THAT SHOULD BE 6
2066+EXCLUDED AS AN ELIGI BLE VOTER WITH A STA TEMENT EXPLAINING TH E REASON 7
2067+FOR THE EXCLUSION . 8
2068+
2069+ (3) A PUBLIC EMPLOYER MAY NOT CHA LLENGE THE ELIGIBILI TY OF 9
2070+A PUBLIC EMPLOYEE ’S VOTE IN AN ELECTIO N IF THE EMPLOYER FA ILS TO EXPLAIN 10
2071+AS REQUIRED UNDER PA RAGRAPH (2) OF THIS SUBSECTION T HE REASON FOR 11
2072+EXCLUDING A PUBLIC E MPLOYEE UNDER THIS S UBSECTION. 12
2073+
2074+ (4) ON APPLICATIO N BY A PUBLIC EMPLOY ER OR AN EMPLOYEE 13
2075+ORGANIZATION , THE BOARD MAY DETERMINE T HAT A PUBLIC EMPLOYE R SHALL BE 14
2076+DESIGNATED AS A JOIN T PUBLIC EMPLOYER OF A PUBLIC EMPLOYEE WI THIN A 15
2077+BARGAINING UNIT UNDE R THIS SUBTITLE WHEN THE DESIGNATION WOUL D BEST 16
2078+EFFECTUATE T HE PURPOSES OF THIS TITLE. 17
2079+
2080+21–403. 18
2081+
2082+ (A) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, TITLE 6, 19
2083+SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, TITLE 16, SUBTITLE 7 OF THE 20
2084+EDUCATION ARTICLE, OR TITLE 3 OF THE STATE PERSONNEL AND PENSIONS 21
2085+ARTICLE, THE BOARD SH ALL DETERMINE THE AP PROPRIATENESS OF EAC H 22
2086+BARGAINING UNIT . 23
2087+
2088+ (2) IF THERE IS NO DISPUT E ABOUT THE APPROPRI ATENESS OF THE 24
2089+ESTABLISHMENT OF THE BARGAINING UNIT , THE BOARD SHALL ISSUE AN ORDER 25
2090+DEFINING AN APPROPRI ATE BARGAINING UNIT . 26
2091+
2092+ (3) IF THERE IS A DISPUTE ABOUT THE AP PROPRIATENESS OF THE 27
2093+ESTABLISHMENT OF THE BARGAINING UNIT , THE BOARD SHALL: 28
2094+
2095+ (I) CONDUCT A HEARING ; AND 29
2096+
2097+ (II) ISSUE AN ORDER DEFIN ING AN APPROPRIATE B ARGAINING 30
2098+UNIT. 31
2099+ 46 HOUSE BILL 984
2100+
2101+
2102+ (B) IF THE APPROPRIATE BA RGAINING UNIT AS DET ERMINED BY THE 1
2103+BOARD DIFFERS FROM TH E BARGAINING UNIT DE SCRIBED IN THE PETIT ION, THE 2
2104+BOARD MAY: 3
2105+
2106+ (1) DISMISS THE PETITION ; OR 4
2107+
2108+ (2) DIRECT AN ELECTION I N THE APPROPRIATE BA RGAINING UNIT IF 5
2109+AT LEAST 30% OF THE SIGNATURES IN CLUDED IN THE PETITI ON ARE OF EMPLOYEES 6
2110+IN THE APPROPRIATE BARGAINI NG UNIT. 7
2111+
2112+ (C) A BARGAINING UNIT MAY CONSIST ONLY OF PUBL IC EMPLOYEES. 8
2113+
2114+21–404. 9
2115+
2116+ EACH EMPLOYEE ORGANIZ ATION THAT SEEKS CER TIFICATION AS AN 10
2117+EXCLUSIVE REPRESENTA TIVE SHALL FILE WITH THE BOARD: 11
2118+
2119+ (1) A COPY OF THE EMPLOY EE ORGANIZATION ’S GOVERNING 12
2120+DOCUMENTS THAT : 13
2121+
2122+ (I) GIVE INDIVIDUAL MEMB ERS THE RIGHT TO PAR TICIPATE IN 14
2123+ACTIVITIES OF THE OR GANIZATION; 15
2124+
2125+ (II) REQUIRE PERIODIC ELE CTIONS BY SECRET BAL LOT THAT 16
2126+ARE CONDUCTED WITH R ECOGNIZED SAFEGUARDS TO ENSURE THE EQUAL RIGHTS 17
2127+OF ALL MEM BERS TO NOMINATE , SEEK OFFICE, AND VOTE IN THE ELEC TIONS; AND 18
2128+
2129+ (III) DIRECT FULL AND ACCU RATE ACCOUNTING OF A LL INCOME 19
2130+AND EXPENSES USING S TANDARD ACCOUNTING M ETHODS; AND 20
2131+
2132+ (2) A CERTIFICATION THAT THE EMPLOYEE ORGANIZ ATION ACCEPTS 21
2133+MEMBERS WITHOUT REGARD TO ANY CHARAC TERISTIC LISTED IN § 21–201(D) OF 22
2134+THIS TITLE. 23
2135+
2136+21–405. 24
2137+
2138+ (A) (1) WITHIN 5 DAYS AFTER DETERMINI NG THAT A VALID PETI TION HAS 25
2139+BEEN SUBMITTED UNDER § 21–402 OF THIS SUBTITLE , THE BOARD SHALL NOTIFY 26
2140+INTERESTED EMPLOYEE ORGANIZATIONS OF THE PENDING ELECTION PETI TION. 27
2141+
2142+ (2) WITHIN 10 DAYS AFTER DETERMINI NG THAT A VALID PETI TION 28
2143+HAS BEEN SUBMITTED U NDER § 21–402 OF THIS SUBTITLE, THE PUBLIC EMPLOYER , 29
2144+AS APPROPRIATE , SHALL MAKE AVAILABLE TO ALL INTERESTED EM PLOYEE 30
2145+ORGANIZATIONS REASON ABLE AND EQ UIVALENT MEANS TO CO MMUNICATE BY MAIL 31 HOUSE BILL 984 47
2146+
2147+
2148+AND IN PERSON WITH E ACH EMPLOYEE IN THE APPROPRIATE BARGAINI NG UNIT FOR 1
2149+THE PURPOSE OF SOLIC ITING THE EMPLOYEE ’S VOTE IN AN ELECTIO N HELD UNDER 2
2150+THIS SECTION. 3
2151+
2152+ (B) AN ELECTION SHALL BE HELD IN A BARGAINING UNIT WITHIN 90 DAYS 4
2153+AFTER THE FILING OF A VALID PETITION FOR ELECTION IN THE BARG AINING UNIT 5
2154+IN ACCORDANCE WITH G UIDELINES ESTABLISHE D BY THE BOARD. 6
2155+
2156+ (C) (1) (I) THE BOARD SHALL CONDUCT T HE ELECTION: 7
2157+
2158+ 1. BY SECRET BALLOT ; AND 8
2159+
2160+ 2. SUBJECT TO SUBPARAGR APH (II) OF THIS 9
2161+PARAGRAPH , IN WHOLE OR IN PART BY IN–PERSON VOTING , MAIL, OR AN 10
2162+ELECTRONIC VOTING SY STEM. 11
2163+
2164+ (II) THE BOARD MAY DESIGNATE T HE TIME PERIOD FOR 12
2165+IN–PERSON VOTING UNDER SUBPARAGRAPH (III) OF THIS PARAGRAPH ON LY AFTER 13
2166+CONSULTING WITH THE PUBLIC EMPLOY ER AND EMPLOYEE ORGA NIZATIONS ON THE 14
2167+BALLOT. 15
2168+
2169+ (III) 1. THE BOARD SHALL ALLOW AT LEAST 10 DAYS OF 16
2170+VOTING FOR AN ELECTI ON CONDUCTED UNDER S UBPARAGRAPH (I) OF THIS 17
2171+PARAGRAPH , UNLESS AN EMPLOYEE O RGANIZATION ON THE B ALLOT REQUESTS AN 18
2172+EXTENSION. 19
2173+
2174+ 2. IF THE VOTING SYSTEM IS INOPERABLE, THE BOARD 20
2175+MAY EXTEND THE TIME PERIOD FOR VOTING . 21
2176+
2177+ (2) (I) AN EMPLOYEE ORGANIZAT ION ON A BALLOT MAY REQUEST 22
2178+A PREFERRED METHOD O F VOTING AT THE TIME A PETITION FOR ELECT ION IS FILED 23
2179+WITH THE BOARD. 24
2180+
2181+ (II) EXCEPT AS PROVID ED IN SUBPARAGRAPH (III) OF THIS 25
2182+PARAGRAPH , THE BOARD SHALL DESIGNATE THE METHOD OF VOTING BASED ON 26
2183+THE REQUESTS OF THE EMPLOYEE ORGANIZATIO NS ON THE BALLOT . 27
2184+
2185+ (III) IF THERE IS A DISPUTE BETWEEN TWO OR MORE EMPLOYEE 28
2186+ORGANIZATIONS ON THE BALLOT OVER THE METHOD OF VOTING , THE BOARD MAY 29
2187+DESIGNATE THE METHOD OF VOTING. 30
2188+
2189+ (3) THE BOARD SHALL PLACE THE FOLLOWING CHOICES ON THE 31
2190+BALLOT: 32
2191+ 48 HOUSE BILL 984
2192+
2193+
2194+ (I) THE NAME OF THE EXCL USIVE REPRESENTATIVE , IF ANY; 1
2195+
2196+ (II) THE NAME OF THE EMPL OYEE ORGANIZATION DE SIGNATED 2
2197+IN THE PETITION FILED UNDER § 21–402 OF THIS SUBTITLE WIT H RESPECT TO AN 3
2198+APPROPRIATE BARGAINI NG UNIT; 4
2199+
2200+ (III) THE NAME OF EACH EMP LOYEE ORGANIZATION 5
2201+DESIGNATED IN A PETI TION FILED WITH THE BOARD, WITHIN 15 DAYS OF NOTICE OF 6
2202+THE PENDING ELECTION PETITION, THAT INCLUDES THE SIGNATURES OF AT LEAST 7
2203+10% OF THE EMPLOYEES IN THE APPROPRIATE BARG AINING UNIT; AND 8
2204+
2205+ (IV) A PROVISION FOR “NO EXCLUSIVE REPRESE NTATIVE”. 9
2206+
2207+ (D) IF NONE OF THE CHOICE S ON A BALLOT RECEIV ES A MAJORITY OF THE 10
2208+VOTES CAST IN AN ELE CTION, THE BOARD SHALL CONDUCT A RUNOFF ELECTION 11
2209+BETWEEN THE CHOICES THAT RECEIVED THE TW O HIGHEST NUMBER OF VOTES IN 12
2210+THE ELECTION . 13
2211+
2212+21–406. 14
2213+
2214+ (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , THE 15
2215+BOARD SHALL CERTIFY A S EXCLUSIVE REPRESEN TATIVE THE EMPLOYEE 16
2216+ORGANIZAT ION RECEIVING THE VO TES IN AN ELECTION F ROM A MAJORITY OF TH E 17
2217+EMPLOYEES VOTING IN THE ELECTION . 18
2218+
2219+ (B) AFTER NOTICE AND AN O PPORTUNITY FOR A HEA RING, THE BOARD MAY 19
2220+DENY OR REVOKE CERTI FICATION AS EXCLUSIV E REPRESENTATIVE OF AN 20
2221+EMPLOYEE ORGANIZATIO N FOR WILLFUL FAILURE TO COMPL Y WITH THIS TITLE. 21
2222+
2223+ (C) NOTWITHSTANDING ANY O THER PROVISION OF TH IS SUBTITLE, THE 22
2224+BOARD SHALL CERTIFY T HE EMPLOYEE ORGANIZA TION AS THE EXCLUSIV E 23
2225+REPRESENTATIVE WITHO UT AN ELECTION IF : 24
2226+
2227+ (1) A PETITION FOR AN EX CLUSIVE REPRESENTATI VE HAS BEEN 25
2228+FILED FOR A BARGAINI NG UNIT; 26
2229+
2230+ (2) THE BOARD FINDS THAT A MA JORITY OF THE EMPLOY EES IN THE 27
2231+BARGAINING UNIT HAVE SIGNED VALID AUTHORI ZATIONS DESIGNATING THE 28
2232+EMPLOYEE ORGANIZATIO N AS THEIR EXCLUSIVE REPRESENTATIVE ; AND 29
2233+
2234+ (3) NO OTHER EMPLOYEE OR GANIZATION IS CURRENTL Y CERTIFIED 30
2235+OR RECOGNIZED AS THE EXCLUSIVE REPRESENTA TIVE OF THE BARGAINI NG UNIT. 31
2236+
2237+21–407. 32 HOUSE BILL 984 49
2238+
2239+
2240+
2241+ NAMES OR LISTS OF EMP LOYEES PROVIDED TO T HE BOARD IN CONNECTION 1
2242+WITH AN ELECTION UND ER THIS SUBTITLE ARE NOT SUBJECT TO DISCL OSURE IN 2
2243+ACCORDANCE WITH TITLE 4 OF THE GENERAL PROVISIONS ARTICLE. 3
2244+
2245+SUBTITLE 5. COLLECTIVE BARGAINING. 4
2246+
2247+21–501. 5
2248+
2249+ (A) REPRESENTATIVES OF PU BLIC EMPLOYERS AND E XCLUSIVE 6
2250+REPRESENTATIVES SHAL L MEET AT REASONABLE TIMES AND ENGAGE IN 7
2251+COLLECTIVE BARGAININ G IN GOOD FAITH AND TO CONCLUDE A WR ITTEN 8
2252+MEMORANDUM OF UNDERS TANDING OR OTHER NEG OTIATED AGREEMENT IN 9
2253+ACCORDANCE WITH TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, TITLE 10
2254+16, SUBTITLE 7 OF THE EDUCATION ARTICLE, OR TITLE 3 OF THE STATE 11
2255+PERSONNEL AND PENSIONS ARTICLE. 12
2256+
2257+ (B) EACH NEGOTIATED AGREE MENT BETWEEN A PUBLI C EMPLOYER AND 13
2258+AN EXCLUSIVE REPRESE NTATIVE SHALL CONTAI N A PROCEDURE BY WHI CH A 14
2259+DISPUTE REGARDING TH E TERMS AND APPLICAT IONS OF THE NEGOTIAT ED 15
2260+AGREEMENT MAY BE RES OLVED BY AN IMPARTIA L ARBITER IN A PROCE EDING 16
2261+WHICH BINDS BOTH THE PUBLIC EMPLOYER AND THE EMPLOYEE ORGANIZ ATION TO 17
2262+THE RESULT. 18
2263+
2264+21–502. 19
2265+
2266+ (A) THIS SECTION APPLIES TO EMPLOYEE ORGANIZA TIONS EXCLUSIVE 20
2267+REPRESENTATIVES THAT REPRESENT PUBLI C EMPLOYEES ENTITLED TO USE THE 21
2268+GRIEVANCE AND APPEAL PROCEDURES ESTABLISHED UNDER : 22
2269+
2270+ (1) TITLES 11 AND 12 OF THE STATE PERSONNEL AND PENSIONS 23
2271+ARTICLE; 24
2272+
2273+ (2) TITLE 13, SUBTITLE 2 OF THE EDUCATION ARTICLE; 25
2274+
2275+ (3) § 14–302, § 14–408, OR § 16–510 OF THE EDUCATION ARTICLE; OR 26
2276+
2277+ (4) § 2–103.4(D) OF THE TRANSPORTATION ARTICLE. 27
2278+
2279+ (B) IF MEMBERS OF AN EMPL OYEE ORGANIZATION REPRESENTATIVE 28
2280+REPRESENTS PUBLIC EM PLOYEES WHO ARE ENTITLED TO RAIS E GRIEVANCES OF 29
2281+PUBLIC EMPLOYER ACTI ONS UNDER THE GRIEVA NCE AND APPEAL PROCE DURES 30
2282+ESTABLISHED UNDER A PROVISION OF LAW LIS TED UNDER SUB SECTION (A) OF THIS 31
2283+SECTION, THE GRIEVANCE AND AP PEAL PROCEDURES SHAL L SERVE AS THE 32 50 HOUSE BILL 984
2284+
2285+
2286+PROCEDURE FOR THE RE SOLUTION OF DISPUTES REGARDING THE TERMS AND 1
2287+APPLICATION OF MEMOR ANDA OF UNDERSTANDIN G, NEGOTIATED AGREEMENT S, 2
2288+OR OTHER FINAL WRITT EN AGREEMENTS , TO WHICH EMPLOYEE ORGANIZATIONS 3
2289+ARE THE EXCLUSIVE REPRES ENTATIVE IS A PARTY. 4
2290+
2291+ (C) AN EXCLUSIVE REPRESEN TATIVE MAY GRIEVE AL LEGED VIOLATIONS 5
2292+OF A MEMORANDUM OF U NDERSTANDING , NEGOTIATED AGREEMENT , OR OTHER 6
2293+FINAL WRITTEN AGREEM ENT, AS THE REAL PARTY IN INTEREST UNDER A 7
2294+GRIEVANCE PROCEDURE ESTABLISHED UNDER A PROVISION OF LAW LIS TED UNDER 8
2295+SUBSECTION (A) OF THIS SECTION. 9
2296+
2297+ (D) THE OFFICE OF ADMINISTRATIVE HEARINGS SHALL HAVE 10
2298+JURISDICTION TO RESO LVE ANY DISPUTE REGA RDING A MEMORANDUM O F 11
2299+UNDERSTANDING , NEGOTIATED AGR EEMENT, OR OTHER FINAL WRITT EN 12
2300+AGREEMENT , WHEN GRIEVED THROUGH A GRIEVANCE PROCEDUR E CITED IN 13
2301+SUBSECTION (A) OF THIS SECTION. 14
2302+
2303+SUBTITLE 6. SHORT TITLE. 15
2304+
2305+21–601. 16
2306+
2307+ THIS TITLE MAY BE CIT ED AS THE MARYLAND PUBLIC EMPLOYEE RELATIONS 17
2308+ACT. 18
2309+
2310+Article – State Personnel and Pensions 19
2311+
2312+3–101. 20
2313+
2314+ (a) In this title the following words have the meanings indicated. 21
2315+
2316+ (b) “Board” means[: 22
2317+
2318+ (1) with regard to any matter relating to employees of any of the units of 23
2319+State government described in § 3–102(a)(1)(i) through (iv) and (vi) through (xii) of this 24
2320+subtitle and employees described in § 3–102(a)(2) and (3) of this subtitle, the State Labor 25
2321+Relations Board; and 26
2322+
2323+ (2) with regard to any matter relating to employees of any State institution 27
2324+of higher education described in § 3–102(a)(1)(v) of this subtitle, the State Higher Education 28
2325+Labor Relations Board] THE PUBLIC EMPLOYEE RELATIONS BOARD. 29
2326+
2327+ (c) “Chancellor” has the meaning stated in § 12–101 of the Education Article. 30
2328+
2329+ (d) “Collective bargaining” means: 31
2330+ HOUSE BILL 984 51
2331+
2332+
2333+ (1) good faith negotiations by authorized representatives of employees and 1
2334+their employer with the intention of: 2
2335+
2336+ (i) 1. reaching an agreement about wages, hours, and other 3
2337+terms and conditions of employment; and 4
2338+
2339+ 2. incorporating the terms of the agreement in a written 5
2340+memorandum of understanding or other written understanding; or 6
2341+
2342+ (ii) clarifying terms and conditions of employment; 7
2343+
2344+ (2) administration of terms and conditions of employment; or 8
2345+
2346+ (3) the voluntary adjustment of a dispute or disagreement between 9
2347+authorized representatives of employees and their employer that arises under a 10
2348+memorandum of understanding or other written understanding. 11
2349+
2350+ (e) “Employee organization” [means a labor or other organization in which State 12
2351+employees participate and that has as one of its primary purposes representing employees] 13
2352+HAS THE MEANING STAT ED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE. 14
2353+
2354+ (f) “Exclusive representative” [means an employee organization that has been 15
2355+certified by the Board as an exclusive representative under Subtitle 4 of this title] HAS THE 16
2356+MEANING STATED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE. 17
2357+
2358+ (g) (1) “Faculty at the Maryland School for the Deaf” means employees who 18
2359+have been granted the following status by the Board of Trustees of the Maryland School for 19
2360+the Deaf: 20
2361+
2362+ (i) after–school program counselors; 21
2363+
2364+ (ii) American Sign Language specialists; 22
2365+
2366+ (iii) athletic trainers; 23
2367+
2368+ (iv) behavior specialists; 24
2369+
2370+ (v) clerical aides; 25
2371+
2372+ (vi) dorm counselors; 26
2373+
2374+ (vii) employment specialists; 27
2375+
2376+ (viii) instructional technology resource specialists; 28
2377+
2378+ (ix) librarians; 29 52 HOUSE BILL 984
2379+
2380+
2381+
2382+ (x) literacy and reading specialists; 1
2383+
2384+ (xi) occupational therapists; 2
2385+
2386+ (xii) orientation and mobility specialists; 3
2387+
2388+ (xiii) physical therapists; 4
2389+
2390+ (xiv) school counselors; 5
2391+
2392+ (xv) school IEP coordinators; 6
2393+
2394+ (xvi) school nurses; 7
2395+
2396+ (xvii) school social workers; 8
2397+
2398+ (xviii) speech–language pathologists; 9
2399+
2400+ (xix) student support specialists; 10
2401+
2402+ (xx) teachers; 11
2403+
2404+ (xxi) teacher aides; 12
2405+
2406+ (xxii) transition coordinators; and 13
2407+
2408+ (xxiii) work–to–learn specialists. 14
2409+
2410+ (2) “Faculty at the Maryland School for the Deaf” does not include officers 15
2411+or supervisory employees at the Maryland School for the Deaf. 16
2412+
2413+ (h) “President” means: 17
2414+
2415+ (1) with regard to a constituent institution, as defined in § 12–101 of the 18
2416+Education Article, the president of the constituent institution; 19
2417+
2418+ (2) with regard to a center or institute, as those terms are defined in § 20
2419+12–101 of the Education Article, the president of the center or institute; 21
2420+
2421+ (3) with regard to the University System of Maryland Office, the 22
2422+Chancellor of the University System of Maryland; and 23
2423+
2424+ (4) with regard to Morgan State University, St. Mary’s College of 24
2425+Maryland, and Baltimore City Community College, the president of the institution. 25
2426+
2427+ (i) “System institution” means: 26 HOUSE BILL 984 53
2428+
2429+
2430+
2431+ (1) a constituent institution, as defined in § 12–101 of the Education 1
2432+Article; 2
2433+
2434+ (2) a center or institute, as those terms are defined in § 12–101 of the 3
2435+Education Article; and 4
2436+
2437+ (3) the University System of Maryland Office. 5
2438+
2439+3–102. 6
2440+
2441+ (C) EMPLOYEES, EMPLOYERS , AND EXCLUSIVE REPRES ENTATIVES 7
2442+SUBJECT TO THIS TITL E ARE SUBJECT TO THE P ROVISIONS OF TITLE 21 OF THE 8
2443+STATE GOVERNMENT ARTICLE. 9
2444+
2445+ (D) (1) SUBJECT TO TITLE 21, SUBTITLE 4 OF THE STATE GOVERNMENT 10
2446+ARTICLE, A BARGAINING UNIT SH ALL CONSIST ONLY OF EMPLOYEES DEFINED IN 11
2447+REGULATIONS ADOPTED BY THE SECRETARY AND NOT SPE CIFICALLY EXCLUDED B Y 12
2448+SUBSECTION (B) OF THIS SECTION. 13
2449+
2450+ (2) (I) EACH SYSTEM INSTITUTI ON, MORGAN STATE UNIVERSITY, 14
2451+ST. MARY’S COLLEGE OF MARYLAND, AND BALTIMORE CITY COMMUNITY COLLEGE 15
2452+SHALL HAVE SEPARATE BARGAINING UNITS . 16
2453+
2454+ (II) APPROPRIATE BARGAININ G UNITS SHALL CONSIS T OF: 17
2455+
2456+ 1. ALL ELIGIBLE NONEXEM PT EMPLOYEES , AS 18
2457+DESCRIBED IN THE FED ERAL FAIR LABOR STANDARDS ACT, EXCEPT ELIGIBLE 19
2458+SWORN POLICE OFFICER S; 20
2459+
2460+ 2. ALL ELIGIBLE EXEMPT EMPLOYEES, AS DESCRIBED IN 21
2461+THE FEDERAL FAIR LABOR STANDARDS ACT; AND 22
2462+
2463+ 3. ALL ELIGIBLE SWORN P OLICE OFFICERS . 23
2464+
2465+ (3) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 24
2466+PARAGRAPH , THE SECRETARY OR THE SECRETARY’S DESIGNEE SHALL HAV E THE 25
2467+AUTHORITY TO ASSIGN CLASSIFICATION TITLE S AND POSITIONS TO B ARGAINING 26
2468+UNITS AS APPROPRIATE . 27
2469+
2470+ (II) THE FOLLOWING INDIVID UALS AND ENTITIES SH ALL 28
2471+ASSIGN CLASSIFICATIO N TITLES AND POSITIO NS TO BARGAINING U NITS AT THE 29
2472+FOLLOWING INSTITUTIO NS: 30
2473+ 54 HOUSE BILL 984
2474+
2475+
2476+ 1. AT A SYSTEM INSTITUT ION, THE PRESIDENT OF THE 1
2477+SYSTEM INSTITUTION ; AND 2
2478+
2479+ 2. AT MORGAN STATE UNIVERSITY, ST. MARY’S 3
2480+COLLEGE OF MARYLAND, OR BALTIMORE CITY COMMUNITY COLLEGE, THE 4
2481+GOVERNING BOARD OF T HE INSTITUTIO N. 5
2482+
2483+ (4) NOTWITHSTANDING ANY O THER PROVISION OF LA W: 6
2484+
2485+ (I) MARYLAND TRANSPORTATION AUTHORITY POLICE 7
2486+OFFICERS AT THE RANK OF FIRST SERGEANT AN D BELOW SHALL HAVE A SEPARATE 8
2487+BARGAINING UNIT ; AND 9
2488+
2489+ (II) FACULTY AT THE MARYLAND SCHOOL FOR THE DEAF 10
2490+SHALL HAVE A SEPARATE BARG AINING UNIT. 11
2491+
2492+3–501. 12
2493+
2494+ (e) (1) [Negotiations] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 13
2495+SUBSECTION, NEGOTIATIONS for a memorandum of understanding shall be considered 14
2496+closed sessions under § 3–305 of the General Provisions Article. 15
2497+
2498+ (2) AN EXCLUSIVE REPRESEN TATIVE MAY NOT BE CO NSIDERED A 16
2499+PUBLIC BODY UNDER § 3–101 OF THE GENERAL PROVISIONS ARTICLE. 17
2500+
2501+3–502. 18
2502+
2503+ (a) Collective bargaining shall include all matters relating to: 19
2504+
2505+ (1) wages, hours, and other terms and conditions of employment; and 20
2506+
2507+ (2) the time and manner of access to a new employee program [as required 21
2508+under § 3–307 of this title] IN ACCORDANCE WITH § 21–207 OF THE STATE 22
2509+GOVERNMENT ARTICLE. 23
2510+
2511+ (b) [(1) Collective bargaining may include negotiations relating to the right of 24
2512+an employee organization to receive service fees from nonmembers. 25
2513+
2514+ (2) An employee whose religious beliefs are opposed to joining or financially 26
2515+supporting any collective bargaining organization is: 27
2516+
2517+ (i) not required to pay a service fee; and 28
2518+
2519+ (ii) required to pay an amount of money as determined in collective 29
2520+bargaining negotiations, not to exceed any service fee negotiated under paragraph (1) of 30 HOUSE BILL 984 55
2521+
2522+
2523+this subsection, to any charitable organization exempt from taxation under § 501(c)(3) of 1
2524+the Internal Revenue Code and to furnish written proof of the payment to: 2
2525+
2526+ 1. A. the Department; 3
2527+
2528+ B. in the case of an employee of the Maryland Environmental 4
2529+Service, the Board of Directors of the Service; or 5
2530+
2531+ C. in the case of an employee of an institution of higher 6
2532+education specified in § 3–102(a)(1)(v) of this title, the President of the institution or the 7
2533+President’s designee; and 8
2534+
2535+ 2. the exclusive representative. 9
2536+
2537+ (c)] Notwithstanding subsection (a) of this section, the representatives of the 10
2538+State, the Maryland Environmental Service, a system institution, Morgan State 11
2539+University, St. Mary’s College of Maryland, and Baltimore City Community College: 12
2540+
2541+ (1) [shall] MAY not be required to negotiate over any matter that is 13
2542+inconsistent with applicable law; and 14
2543+
2544+ (2) may negotiate and reach agreement with regard to any such matter 15
2545+only if it is understood that the agreement with respect to such matter cannot become 16
2546+effective unless the applicable law is amended by the General Assembly. 17
2547+
2548+ SECTION 5. AND BE IT FURTHER ENACTED, That the terms of the members of 18
2549+the Public Employee Relations Board shall expire as follows: 19
2550+
2551+ (1) one member appointed under § 21–302(a)(2) of the State Government 20
2552+Article, as enacted by Section 3 of this Act, and one member appointed under § 21–302(a)(3) 21
2553+of the State Government Article, as enacted by Section 3 of this Act, on June 30, 2025; 22
2554+
2555+ (2) one member appointed under § 21–302(a)(2) of the State Government 23
2556+Article, as enacted by Section 3 of this Act, and one member appointed under § 21–302(a)(3) 24
2557+of the State Government Article, as enacted by Section 3 of this Act, on June 30, 2029; and 25
2558+
2559+ (3) the chair appointed under § 21–302(a)(1) of the State Government 26
2560+Article, as enacted by Section 4 of this Act, on June 30, 2027. 27
2561+
2562+ SECTION 6. AND BE IT FURTHER ENACTED, That: 28
2563+
2564+ (a) The Public Employee Relations Board shall be the successor to the State Labor 29
2565+Relations Board, State Higher Education Labor Relations Board, and Public School Labor 30
2566+Relations Board, and shall have all powers and duties granted by law to those boards. 31
2567+
2568+ (b) Any investigation, litigation, or other action pending before the State Labor 32
2569+Relations Board, State Higher Education Labor Relations Board, and Public School Labor 33 56 HOUSE BILL 984
2570+
2571+
2572+Relations Board on June 30, 2023 shall continue before the Public Employee Relations 1
2573+Board. 2
2574+
2575+ SECTION 7. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 3
2576+the application thereof to any person or circumstance is held invalid for any reason in a 4
2577+court of competent jurisdiction, the invalidity does not affect other provisions or any other 5
2578+application of this Act that can be given effect without the invalid provision or application, 6
2579+and for this purpose the provisions of this Act are declared severable. 7
2580+
2581+ SECTION 8. AND BE IT FURTHER ENACTED, That this Act shall take effect July 8
2582+1, 2023. 9
2583+
2584+
2585+
2586+
2587+Approved:
2588+________________________________________________________________________________
2589+ Governor.
2590+________________________________________________________________________________
2591+ Speaker of the House of Delegates.
2592+________________________________________________________________________________
2593+ President of the Senate.