WES MOORE, Governor Ch. 114
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Chapter 114
(House Bill 984)
AN ACT concerning
Public Employee Relations Act
FOR the purpose of consolidating and altering certain laws governing collective bargaining
for certain public employees, including laws related to the establishment of
bargaining units, elections and certification of exclusive representatives, employee
and employer rights, unfair labor practices, and strikes and lockouts; establishing
the Public Employee Relations Board to oversee collective bargaining activities for
certain public employees; repealing the State Labor Relations Board, the State
Higher Education Labor Relations Board, and the Public School Labor Relations
Board; establishing that certain grievance procedures for State employees serve as
a certain procedure for certain disputes between certain parties; requiring the Office
of Administrative Hearings to resolve certain disputes regarding a certain
memorandum of understanding or written agreement under certain circumstances;
and generally relating to collective bargaining for public employees.
BY repealing
Article – Education
Section 6–403, 6–406, 6–407, 6–407.2, 6–409 through 6–411, 6–504, 6–506, 6–507,
6–509, 6–509.2, and 6–512 through 6–514; 6–801 through 6–807 and the
subtitle “Subtitle 8. Public School Labor Relations Board”; and 16–704
through 16–706, 16–710, 16–712, 16–714, and 16–715
Annotated Code of Maryland
(2022 Replacement Volume)
BY repealing
Article – State Personnel and Pensions
Section 3–201 through 3–209 and the subtitle “Subtitle 2. State Labor Relations
Board”; 3–2A–01 through 3–2A–09 and the subtitle “Subtitle 2A. State Higher
Education Labor Relations Board”; 3–301 through 3–307 and the subtitle
“Subtitle 3. Rights of Employees and Employers; Strikes, Lockouts, and
Unfair Labor Practices Prohibited”; and 3–401 through 3–407 and the subtitle
“Subtitle 4. Election and Certification of Exclusive Representative”
Annotated Code of Maryland
(2015 Replacement Volume and 2022 Supplement)
BY renumbering
Article – Education
Section 6–404, 6–405, 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, and 16–713
to be Section 6–403, 6–404, 6–405, 6–406, 6–407, 6–504, 6–505, 6–506, 6–507,
16–704, 16–705, 16–706, 16–707, and 16–708, respectively Ch. 114 2023 LAWS OF MARYLAND
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Annotated Code of Maryland
(2022 Replacement Volume)
BY repealing and reenacting, with amendments,
Article – Education
Section 2–205(e)(4), 6–401, 6–402, 6–501, 6–503, 9.5–703(c)(2) and (3), 16–701,
16–702, and 16–703
Annotated Code of Maryland
(2022 Replacement Volume)
BY repealing and reenacting, with amendments,
Article – Education
Section 6–403, 6–404, 6–406(c)(3), 6–405, 6–504, 6–505, 6–507(c)(3), 6–506, and
16–708
Annotated Code of Maryland
(2022 Replacement Volume)
(As enacted by Section 3 of this Act)
BY repealing and reenacting, with amendments,
Article – Health – General
Section 15–903(c)(2) and (3)
Annotated Code of Maryland
(2019 Replacement Volume and 2022 Supplement)
BY adding to
Article – State Government
Section 21–101 through 21–601 to be under the new title “Title 21. Public Employee
Relations”
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – State Personnel and Pensions
Section 3–101, 3–501(e), and 3–502
Annotated Code of Maryland
(2015 Replacement Volume and 2022 Supplement)
BY adding to
Article – State Personnel and Pensions
Section 3–102(c) and (d)
Annotated Code of Maryland
(2015 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That Section(s) 6–403, 6–406, 6–407, 6–407.2, 6–409 through 6–411, 6–504, 6–506, 6–507,
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
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Public School Labor Relations Board”; and 16–704 through 16–706, 16–710, 16–712,
16–714, and 16–715 of Article – Education of the Annotated Code of Maryland be repealed.
SECTION 2 AND BE IT FURTHER ENACTED, That Section(s) 3 –201 through
3–209 and the subtitle “Subtitle 2. State Labor Relations Board”; 3–2A–01 through
3–2A–09 and the subtitle “Subtitle 2A. State Higher Education Labor Relations Board”;
3–301 through 3–307 and the subtitle “Subtitle 3. Rights of Employees and Employers;
Strikes, Lockouts, and Unfair Labor Practices Prohibited”; and 3–401 through 3–407 and
the subtitle “Subtitle 4. Election and Certification of Exclusive Representative” of Article –
State Personnel and Pensions of the Annotated Code of Maryland be repealed.
SECTION 3. AND BE IT FURTHER E NACTED, That Section(s) 6–404, 6–405,
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,
and 16–713 of Article – Education of the Annotated Code of Maryland be renumbered to be
Section(s) 6–403, 6–404, 6–405, 6–406, 6–407, 6–504, 6–505, 6–506, 6–507, 16–704, 16–705,
16–706, 16–707, and 16–708, respectively.
SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Education
2–205.
(e) (4) (i) The Public [School Labor] EMPLOYEE Relations Board shall
decide any controversy or dispute arising under Title 6, Subtitle 4 or Subtitle 5 of this
article.
(ii) A decision of the Public [School Labor] EMPLOYEE Relations
Board is final.
6–401.
(a) In this subtitle the following words have the meanings indicated.
(b) “Board” means the Public [School Labor] EMPLOYEE Relations Board
[established under Subtitle 8 of this title].
(b–1) “Day” means a calendar day unless otherwise indicated.
(c) “Employee organization” [means an organization that:
(1) Includes certificated employees of a public school employer or
individuals of equivalent status in Baltimore City; and
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(2) Has as one of its main purposes the representation of the employees in
their relations with that public school employer] HAS THE MEANING STAT ED IN § 21–101
OF THE STATE GOVERNMENT ARTICLE.
(d) (1) “Home and hospital teacher” means a teacher employed by a public
school employer to provide instructional services to a public school student who is unable
to function effectively in the classroom setting due to the student’s medical, physical, or
emotional condition.
(2) A home and hospital teacher may teach in:
(i) A private home;
(ii) A hospital;
(iii) A therapeutic center;
(iv) A school; or
(v) Any other appropriate site.
(d–1) “New employee processing” means the process for a newly hired public school
employee, whether in person, online, or through other means, in which new employees are
advised of their employment status, rights, benefits, duties, responsibilities, and other
employment–related matters.
(e) (1) “Public school employee” means a certificated professional individual
who is employed by a public school employer or an individual of equivalent status in
Baltimore City, except for a county superintendent or an individual designated by the
public school employer to act in a negotiating capacity as provided in § 6–408(c) of this
subtitle.
(2) In Montgomery County, “public school employees” include:
(i) Certificated and noncertificated substitute teachers employed by
the public school employer for at least 7 days before March 1 of the school fiscal year ending
June 30, 1978, and each year after; and
(ii) Home and hospital teachers employed by the public school
employer for at least 7 days before March 1 of the school fiscal year ending June 30, 2000,
and each year after.
(3) In Baltimore County, “public school employee” includes a secondary
school nurse, an elementary school nurse, and a special school nurse.
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(4) In Frederick County, “public school employee” includes a social worker
employed by a public school employer.
(5) In Prince George’s County, “public school employee” includes home and
hospital teachers and Junior Reserve Officer Training Corps (JROTC) instructors.
(6) In Baltimore County, Calvert County, Charles County, and Garrett
County, “public school employee” includes Junior Reserve Officer Training Corps (JROTC)
instructors.
(7) In Carroll County, “public school employee” includes:
(i) A registered nurse;
(ii) Supervisory noncertificated employees as defined under §
6–501(i) of this title; and
(iii) Junior Reserve Officer Training Corps (JROTC) instructors.
(f) “Public school employer” means a county board of education or the Baltimore
City Board of School Commissioners.
6–402.
(a) Public school employees may form, join, and participate in the activities of
employee organizations of their own choice for the purpose of being represented on all
matters that relate to salaries, wages, hours, and other working conditions.
[(b) An employee organization may establish reasonable:
(1) Restrictions as to who may join; and
(2) Provisions for the dismissal of individuals from membership.]
(B) PUBLIC SCHOOL EMPLOYE ES, PUBLIC SCH OOL EMPLOYERS , AND
EXCLUSIVE REPRESENTA TIVES ARE SUBJECT TO THE PROVISIONS OF TITLE 21 OF
THE STATE GOVERNMENT ARTICLE.
6–403.
(a) [Each public school employer shall designate, as provided in this subtitle,
which employee organization, if any, shall be the exclusive representative of all public
school employees in a specified unit in the county.
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(b) (1) Except as provided in paragraph (2) of this subsection, the public school
employer shall determine the composition of the unit in negotiation with any employee
organization that requests negotiation concerning the composition of the unit.
(2)] In St. Mary’s County, licensed registered school nurses, Junior Reserve
Officers’ Training Corps (JROTC) teachers, and supervisory noncertificated employees of
the public school employer shall be included in the unit.
[(c)] (B) (1) There may not be more than two units in a county.
(2) In Baltimore County, one of the units shall consist of employees who
are administrative and supervisory certificated employees. The second unit shall consist of
all other public school employees as defined under § 6–401(e)(1) and (3) of this subtitle.
[(d)] (C) All eligible public school employees shall:
(1) Be included in one of these units; and
(2) Have the rights granted in this subtitle AND TITLE 21 OF THE STATE
GOVERNMENT ARTICLE.
6–404.
(a) [The designation of an employee organization as an exclusive representative
shall be made as provided in this section.
(b) If an employee organization certifies to the public school employer that it has
a membership enrollment of at least 30 percent of the total number of public school
employees in a specified unit in a county as of June 1 of the year in which certification is
made, this certification is a request for recognition as exclusive representative of all public
school employees in the specified unit in the county.
(c) If another employee organization certifies that it has a membership
enrollment of at least 10 percent of the total number of public school employees in the unit
as of the same June 1, an election shall be held in which the public school employees in the
unit shall be offered the opportunity to choose:
(1) One of the employee organizations as the exclusive representative of all
public school employees in the unit; or
(2) Not to have exclusive representation.
(d) If no other employee organization certifies that it has a membership
enrollment of at least 10 percent of the total number of public school employees in the unit,
on the request of the employee organization under subsection (b) of this section, an election
shall be held and the ballot shall offer a choice between: WES MOORE, Governor Ch. 114
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(1) Exclusive representation by the organization; and
(2) Not to have exclusive representation.
(e) The public school employer shall designate the employee organization
described in subsection (b) of this section as the exclusive representative of all public school
employees in the specified unit in a county if:
(1) No other employee organization certifies that it has a membership
enrollment of at least 10 percent of the total number of public school employees in the unit;
(2) The employee organization does not request an election under
subsection (d) of this section; and
(3) The employee organization certifies that it has a membership
enrollment of the majority of the public school employees in the unit in the county.
(f) (1) The Board shall adopt rules and regulations for:
(i) Verifying the number of certificated employees of the public
school employer or individuals of equivalent status in Baltimore City who are members in
good standing of an employee organization on the date of the certification or who have
signed a petition under this section; and
(ii) Holding elections under this section and the certification of their
results.
(2) The Board shall provide for supervision of these elections.
(3) The elections] AN ELECTION HELD UNDE R TITLE 21, SUBTITLE 4
OF THE STATE GOVERNMENT ARTICLE shall be held:
[(i)] (1) In each school facility where public employees are
assigned on a regularly scheduled school day;
[(ii)] (2) In a manner assuring the secrecy of the ballot; and
[(iii)] (3) On a regular working day for public school employees,
between June 1 and June 15, inclusive, except in Baltimore City where the elections shall
be held between November 1 and November 15 following the date on which certification of
required membership enrollment is made.
[(4) In any election held under this section, the employee organization that
receives the largest number of votes cast in a unit shall be declared to be the exclusive
representative of all public school employees in the unit. If the largest number of votes in Ch. 114 2023 LAWS OF MARYLAND
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the election is cast not to have exclusive representation, a representative may not be
designated for the unit.
(5)] (B) The public school employer shall provide any assistance required
in holding the elections.
6–405.
(a) (1) (i) Each public school employer shall provide the exclusive
representative access to new employee processing.
(ii) Except as provided in subparagraph (iii) of this paragraph, the
public school employer shall provide the exclusive representative at least 10 days’ notice in
advance of a new employee processing.
(iii) The public school employer ma y provide the exclusive
representative with less than 10 days’ notice if there is an urgent need critical to the public
school employer’s new employee processing that was not reasonably foreseeable.
(2) (i) The structure, time, and manner of the access required in
paragraph (1) of this subsection shall be determined through negotiations between the
public school employer and the exclusive representative in accordance with [§ 6–408] §
6–406 of this subtitle.
(ii) When negotiating access to new employee processing under
subparagraph (i) of this paragraph, if any dispute has not been resolved within 45 days
after the first meeting of the public school employer and the exclusive representative, or
within 60 days after an initial request to negotiate, whichever occurs first, either party may
request that the Board declare an impasse under [§ 6–408(e)] § 6–406(E) of this subtitle.
(iii) In an impasse proceeding under [§ 6–408(e)] § 6–406(E) of this
subtitle, the mediator or Board shall consider:
1. The ability of the exclusive representative to communicate
with the public school employees it represents;
2. The legal obligations of the exclusive representative to the
public school employees;
3. Applicable State, federal, and local laws;
4. Any stipulations of the parties;
5. The interests and welfare of the public school employees
and the financial condition of the public school employer;
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6. The structure, time, and manner of access of an exclusive
representative to new employee processing in comparable public school employers,
including the access provisions in other memoranda of understanding or collective
bargaining agreements; and
7. Any other facts routinely considered in establishing the
structure, time, and manner of access of an exclusive representative to new employee
processing.
(3) (i) A request to negotiate under paragraph (2) of this subsection
made between July 1, 2018, and the expiration date of an existing collective bargaining
agreement between the parties shall reopen the existing collective bargaining agreement
only for the purpose of negotiating the access of the exclusive representative to the public
school employer’s new employee processing.
(ii) Either party may elect to negotiate a separate agreement on the
access of the exclusive representative to the public school employer’s new employee
processing in lieu of reopening the existing collective bargaining agreement.
(b) This section does not prohibit a public school employer and an exclusive
representative from negotiating access to new employee processing that varies from the
requirements of this section.
(c) Nothing in this section shall abrogate existing collective bargaining
agreements between public school employers and exclusive representatives.
6–406.
(c) (3) A public school employer may not negotiate the school calendar[, the
maximum number of students assigned to a class,] or any matter that is precluded by
applicable statutory law.
6–501.
(a) In this subtitle the following words have the meanings indicated.
(b) “Board” means the Public [School Labor] EMPLOYEE Relations Board
[established under Subtitle 8 of this title].
(c) “Confidential employee” includes an individual whose employment
responsibilities require knowledge of the public school employer’s posture in the collective
negotiation process, as determined by the public school employer in negotiations with an
employee organization that requests negotiation on this issue.
(c–1) “Day” means a calendar day unless otherwise indicated.
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(d) “Employee organization” [means an organization that:
(1) Includes noncertificated employees of a public school employer; and
(2) Has as one of its main purposes the representation of the employees in
their relations with that public school employer] HAS THE MEANING STAT ED IN § 21–101
OF THE STATE GOVERNMENT ARTICLE.
(e) [“Management personnel”] “MANAGERIAL EMPLOYEE ” includes an
individual who is engaged mainly in executive and managerial functions.
(e–1) “New employee processing” means the process for a newly hired public school
employee, whether in person, online, or through other means, in which new employees are
advised of their employment status, rights, benefits, duties, responsibilities, and other
employment–related matters.
(f) “Noncertificated employee”, in Montgomery County, means only a full–time
employee.
(g) (1) “Public school employee” means a noncertificated individual who is
employed for at least 9 months a year on a full–time basis by a public school employer.
(2) “Public school employee” includes a noncertificated employee in
Baltimore City notwithstanding that the noncertificated employee does not work for at
least 9 months a year on a full–time basis.
(3) “Public school employee” does not include:
(i) [Management personnel] A MANAGERIAL EMPLOYEE ; OR
(ii) A confidential employee[; or
(iii) Any individual designated by the public school employer to act in
a negotiating capacity as provided in § 6–510(c) of this subtitle].
(h) (1) “Public school employer” means the county board in each county.
(2) “Public school employer” includes the Baltimore City Board of School
Commissioners.
(i) “Supervisory employee” includes any individual who responsibly directs the
work of other employees.
6–503.
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(a) Public school employees may form, join, and participate in the activities of
employee organizations of their own choice for the purpose of being represented on all
matters that relate to salaries, wages, hours, and other working conditions.
[(b) An employee organization may establish reasonable restrictions as to who
may join and reasonable provisions for the dismissal of individuals from membership,
except that these restrictions and provisions may not discriminate with regard to the terms
or conditions of membership because of race, color, marital status, creed, sex, age, or
national origin.]
(B) PUBLIC SCHOOL EMPLOYE ES, PUBLIC SCHOOL EMPLOY ERS, AND
EXCLUSIVE REPRESENTA TIVES ARE SUBJECT TO THE PROVISIONS OF TITLE 21 OF
THE STATE GOVERNMENT ARTICLE.
6–504.
(a) [(1) Each public school employer may designate, as provided in this subtitle,
which employee organization, if any, shall be the exclusive representative of all public
school employees in a specified unit in the county.
(2) In Baltimore City, Garrett County, and Frederick County, the public
school employer shall designate, as provided in this subtitle, which employee organization,
if any, shall be the exclusive representative of all public school employees in a specified unit
in the county.
(b) The public school employer shall determine the composition of the unit in
negotiation with any employee organization that requests negotiation concerning the
composition of the unit.
(c)] (1) Except as provided in paragraphs (3) and (5) of this subsection, there
may not be more than three units in a county and a unit may not include both supervisory
and nonsupervisory employees.
(2) If a county has more than three recognized units and, as of July 1, 1974,
the units have exclusive representation for collective negotiations, these units may
continue as negotiating units.
(3) In Baltimore County, there shall be three units, including one unit of
supervisory employees as defined in § 6–501(i) of this subtitle.
(4) In Carroll County, beginning on October 1, 2007:
(i) There shall be no more than three units; and
(ii) All units shall be nonsupervisory units.
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(5) In Baltimore City, the public school employer may designate a fourth
unit composed of all Baltimore City school police officers, as defined in § 4–318 of this
article, up to and including the rank of lieutenant.
[(d) (1)] (B) All eligible public school employees shall:
[(i)] (1) Be included in one of these units; and
[(ii)] (2) Have the rights granted in this subtitle.
[(2) Except for an individual who is designated as management personnel
or a confidential employee under this subtitle, each public school employee is eligible for
membership in one of the negotiating units.]
6–505.
(a) Employee organizations recognized by the public school employer as the
exclusive representative of all public school employees in a specified unit on July 1, 1978
shall continue to be the exclusive representative[:
(1) For the rest of the 2–year initial period as provided by § 6–507 of this
subtitle; and
(2) Beyond the 2–year period until another election is held as provided
under § 6–507 of this subtitle] SUBJECT TO TITLE 21, SUBTITLE 4 OF THE STATE
GOVERNMENT ARTICLE.
(b) Any collective negotiation agreement that has been entered into by an
exclusive representative and a public employer as of July 1, 1978 shall continue in effect
for the term of the agreement.
6–506.
(a) (1) (i) Each public school employer shall provide the exclusive
representative access to new employee processing.
(ii) Except as provided in subparagraph (iii) of this paragraph, the
public school employer shall provide the exclusive representative at least 10 days’ notice in
advance of a new employee processing.
(iii) The public school employer may provide the exclusive
representative with less than 10 days’ notice if there is an urgent need critical to the public
school employer’s new employee processing that was not reasonably foreseeable.
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(2) (i) The structure, time, and manner of the access required in
paragraph (1) of this subsection shall be determined through negotiations between the
public school employer and the exclusive representative in accordance with [§ 6–510] §
6–507 of this subtitle.
(ii) When negotiating access to new employee processing under
subparagraph (i) of this paragraph, if any dispute has not been resolved within 45 days
after the first meeting of the public school employer and the exclusive representative, or
within 60 days after an initial request to negotiate, whichever occurs first, either party may
request that the Board declare an impasse under [§ 6–510(e)] § 6–507(E) of this subtitle.
(iii) In an impasse proceeding under [§ 6–510(e)] § 6–507(E) of this
subtitle, the mediator or Board shall consider:
1. The ability of the exclusive representative to communicate
with the public school employees it represents;
2. The legal obligations of the exclusive representative to the
public school employees;
3. Applicable State, federal, and local laws;
4. Any stipulations of the parties;
5. The interests and welfare of the public school employees
and the financial condition of the public school employer;
6. The structure, time, and manner of access of an exclusive
representative to new employee processing in comparable public school employers,
including the access provisions in other memoranda of understanding or collective
bargaining agreements; and
7. Any other facts routinely considered in establishing the
structure, time, and manner of access of an exclusive representative to new employee
processing.
(3) (i) A request to negotiate under paragraph (2) of this subsection
made between July 1, 2018, and the expiration date of an existing collective bargaining
agreement between the parties shall reopen the existing collective bargaining agreement
only for the purpose of negotiating the access of the exclusive representative to the public
school employer’s new employee processing.
(ii) Either party may elect to negotiate a separate agreement on the
access of the exclusive representative to the public school employer’s new employee
processing in lieu of reopening the existing collective bargaining agreement.
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(b) This section does not prohibit a public school employer and an exclusive
representative from negotiating access to new employee processing that varies from the
requirements of this section.
(c) Nothing in this section shall abrogate existing collective bargaining
agreements between public school employers and exclusive representatives.
6–507.
(c) (3) A public school employer may not negotiate the school calendar[, the
maximum number of students assigned to a class,] or any matter that is precluded by
applicable statutory law.
9.5–703.
(c) (2) All elections shall be conducted by the [State Labor] PUBLIC
EMPLOYEE Relations Board and subject to the requirements and limitations of [Title 3,
Subtitle 4 of the State Personnel and Pensions Article] TITLE 21, SUBTITLE 4 OF THE
STATE GOVERNMENT ARTICLE.
(3) The [State Labor] PUBLIC EMPLOYEE Relations Board may not
conduct an election for an exclusive representative if an election or certification of an
exclusive representative has taken place within the preceding 2 years.
16–701.
(a) In this subtitle the following words have the meanings indicated.
(b) “Agreement” means a written contract between a public employer and an
employee organization.
(c) “Arbitration” means a procedure by which parties involved in a grievance
submit their differences to an impartial third party for a final and binding decision.
(d) “Board” means the [State Higher Education Labor] PUBLIC EMPLOYEE
Relations Board.
(e) “Collective bargaining” has the meaning stated in § 3–101(c) § 3–101(D) of
the State Personnel and Pensions Article.
(f) “Confidential employee” [means a public employee whose unrestricted access
to personnel, budgetary, or fiscal data subject to use by the public employer in collective
bargaining, or whose close, continuing working relationship with those responsible for
negotiating on behalf of the public employer, would make the employee’s membership in an
employee organization as a rank and file employee incompatible with the employee’s WES MOORE, Governor Ch. 114
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duties] HAS THE MEANING STAT ED IN § 21–101 OF THE STATE GOVERNMENT
ARTICLE.
(g) “Employee organization” [means a labor organization of public employees that
has as one of its primary purposes representing those employees in collective bargaining]
HAS THE MEANING STATED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE.
(h) “Exclusive representative” [means an employee organization that has been
certified by the Board as representing the employees of a bargaining unit] HAS THE
MEANING STATED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE.
(i) “Fact–finding” means a process conducted by the Board that includes:
(1) The identification of the major issues in an impasse;
(2) The review of the positions of the parties; and
(3) A resolution of factual differences by an impartial individual or panel.
(j) (1) “Faculty” means employees whose assignments involve academic
responsibilities, including teachers and department heads.
(2) “Faculty” does not include officers, supervisory employees, confidential
employees, part–time faculty, or student assistants.
(k) “Grievance” means a dispute concerning the application or interpretation of
the terms of a collective bargaining agreement.
(l) “Impasse” means a failure by a public employer and an exclusive
representative to achieve agreement in the course of negotiations.
(m) “Officer” means the president, a vice president, a dean, or any other similar
official of the community college as appointed by the board of community college trustees.
(n) “Part–time faculty” means employees whose assignments involve academic
responsibilities, including teachers, counselors, and department heads, who are designated
with part–time faculty status by the president of the community college.
(o) (1) “Public employee” means an employee employed by a public employer.
(2) “Public employee” includes faculty and part–time faculty at the
Baltimore City Community College.
(3) “Public employee” does not include:
(i) Officers; Ch. 114 2023 LAWS OF MARYLAND
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(ii) Supervisory or confidential employees; or
(iii) Student assistants.
(p) (1) “Public employer” means the board of community college trustees for a
community college.
(2) “Public employer” includes the Board of Trustees of Baltimore City
Community College for the purposes of collective bargaining with faculty and part–time
faculty.
[(q) (1) “Showing of interest form” means a written statement from a public
employee who wishes to be represented by a petitioning employee organization for the
purpose of collective bargaining.
(2) “Showing of interest form” includes:
(i) A union authorization card; and
(ii) A union membership card.
(r) “Strike” means, in concerted action with others for the purpose of inducing,
influencing, or coercing a change in the wages, hours, or other terms and conditions of
employment, a public employee’s:
(1) Refusal to report for duty;
(2) Willful absence from the position;
(3) Stoppage of work; or
(4) Abstinence in whole or in part from the proper performance of the
duties of employment.
(s) “Supervisory employee” means a public employee who has full–time and
exclusive authority to act on behalf of a public employer to:
(1) Hire, transfer, suspend, lay off, recall, promote, discharge, assign,
reward, or discipline other employees; or
(2) Adjust employee grievances.]
16–702.
(a) It is the intent of the General Assembly that: WES MOORE, Governor Ch. 114
– 17 –
(1) The State promote harmonious and cooperative relationships with the
public employees of the community college system by encouraging collective bargaining
practices, protecting the rights of public employees to associate, organize, and vote for their
own exclusive representatives, and recognizing the dignity of labor for all employees of the
community college system; and
(2) A delay in implementation of this subtitle shall be to ensure that
community colleges are granted sufficient time to plan for potential negotiations and may
not be used to plan for, or engage in, activities that would discourage or otherwise coerce
employees seeking to hold an election.
(b) This subtitle shall apply:
(1) Beginning on September 1, 2022, to:
(i) Anne Arundel Community College;
(ii) Community College of Baltimore County;
(iii) Frederick Community College;
(iv) Harford Community College;
(v) Howard Community College;
(vi) Montgomery College;
(vii) Prince George’s Community College; and
(viii) College of Southern Maryland;
(2) Beginning on September 1, 2023, to:
(i) Allegany College of Maryland;
(ii) Carroll Community College;
(iii) Cecil College;
(iv) Chesapeake College;
(v) Garrett College;
(vi) Hagerstown Community College; and
Ch. 114 2023 LAWS OF MARYLAND
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(vii) Wor–Wic Community College; and
(3) Beginning October 1, 2024, Baltimore City Community College.
(C) PUBLIC EMPLOYEES , PUBLIC EMPLOYERS , AND EXCLUSIVE
REPRESENTATIVES ARE SUBJECT TO THE PROVI SIONS OF TITLE 21 OF THE STATE
GOVERNMENT ARTICLE.
16–703.
[(a) The Board shall conduct an election for an exclusive representative of a
bargaining unit if:
(1) A valid petition is submitted in accordance with § 16–704 of this
subtitle; and
(2) The bargaining unit involved in the petition is determined to be an
appropriate bargaining unit under subsections (b) and (c) of this section.
(b) (1) Except as provided in this subtitle, the Board shall determine the
appropriateness of each bargaining unit.
(2) If there is not a dispute about the appropriateness of the bargaining
unit, the Board shall issue an order defining an appropriate bargaining unit.
(3) If there is a dispute about the appropriateness of the bargaining unit,
the Board shall:
(i) Conduct a public hearing, receiving written and oral testimony;
and
(ii) Issue an order defining the appropriate bargaining unit.
(c)] There may be no more than four bargaining units at each community college
including:
(1) One unit reserved for full–time faculty;
(2) One unit reserved for part–time faculty; and
(3) Two units reserved for eligible nonexempt employees, as defined in the
federal Fair Labor Standards Act.
WES MOORE, Governor Ch. 114
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[(d) The Board may not require the bargaining units at a community college to
conform to the requirements of this section if the bargaining units were in existence before
September 1, 2022.]
16–708.
(a) [A public employer has the right to:
(1) Determine how the statutory mandate and goals of the community
college, including the functions and programs of the community college, its overall budget,
and its organizational structure, are to be carried out; and
(2) Direct college personnel.
(b) A public employee has the right to:
(1) Organize;
(2) Form, join, or assist any employee organization;
(3) Bargain collectively through an exclusive representative;
(4) Engage in other lawful concerted activity for the purpose of collective
bargaining; and
(5) Refrain from engaging in the activities listed under this subsection.
(c)] A public employee or group of public employees has the right at any time to:
(1) Present a grievance arising under the terms of the agreement to the
public employer; and
(2) Have the grievance adjusted without the intervention of the exclusive
representative.
[(d)] (B) The exclusive representative has the right to be present during any
meeting involving the presentation or adjustment of a grievance.
[(e)] (C) (1) A public employer shall hear a grievance and participate in the
adjustment of the grievance.
(2) The adjustment of a grievance may not be inconsistent with the terms
of the collective bargaining agreement then in effect.
(3) A public employer shall give prompt notice of any adjustment of a
grievance to the exclusive representative. Ch. 114 2023 LAWS OF MARYLAND
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[(f) A public employer and an employee organization may not interfere with,
intimidate, restrain, coerce, or discriminate against a public employee because the
employee exercises rights granted under this section.]
Article – Health – General
15–903.
(c) (2) All elections shall be conducted by the [State Labor] PUBLIC
EMPLOYEE Relations Board and subject to the requirements and limitations of [Title 3,
Subtitle 4 of the State Personnel and Pensions Article] TITLE 21, SUBTITLE 4 OF THE
STATE GOVERNMENT ARTICLE.
(3) The [State Labor] PUBLIC EMPLOYEE Relations Board may not
conduct an election for an exclusive representative if an election or certification of an
exclusive representative has taken place within the preceding 2 years.
Article – State Government
TITLE 21. PUBLIC EMPLOYEE RELATIONS.
SUBTITLE 1. DEFINITIONS; GENERAL PROVISIONS.
21–101.
(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS
INDICATED.
(B) “BOARD” MEANS THE PUBLIC EMPLOYEE RELATIONS BOARD.
(C) “CONFIDENTIAL EMPLOYEE ” INCLUDES AN INDIVIDU AL WHOSE
EMPLOYMENT RESPONSIBILITIES REQ UIRE KNOWLEDGE OF TH E PUBLIC
EMPLOYER’S POSTURE IN THE COL LECTIVE NEGOTIATION PROCESS MEANS AN
EMPLOYEE WHO :
(1) ACTS IN A CONFIDENTI AL CAPACITY AND FORM ULATES AND
EFFECTUATES A PUBLIC EMPLOYER’S POLICIES THAT RELA TE TO COLLECTIVE
BARGAINING WITH PUBLIC EMPLOYEES; OR
(2) HAS ACCESS TO CONFID ENTIAL INFORMATION N OT GENERALLY
AVAILABLE TO PUBLIC EMPLOYEES REGARDING THE FORMULATION AND
EFFECTUATION OF A PU BLIC EMPLOYER ’S POLICIES THAT RELA TE TO COLLECTIVE
BARGAINING. WES MOORE, Governor Ch. 114
– 21 –
(D) (C) UNLESS SPECIFICALLY PROVIDE D OTHERWISE , “DAY” MEANS A
CALENDAR DAY .
(E) (D) “EMPLOYEE ORGANIZATION ” MEANS A LABOR ORGANI ZATION IN
WHICH PUBLIC EMPLOYE ES PARTICIPATE AND T HAT HAS AS ONE OF IT S PRIMARY
PURPOSES REPRESENTIN G PUBLIC EMPLOYEES .
(F) (E) “EXCLUSIVE REPRESENTATIVE ” MEANS AN EMPLOYEE
ORGANIZATION THAT HA S BEEN CERTIFIED BY THE BOARD AS AN EXCLUSIVE
REPRESENTATIVE UNDER SUBTITLE 4 OF THIS TITLE.
(G) (F) “LOCKOUT” MEANS ACTION TAKEN B Y A PUBLIC EMPLOYER TO:
(1) INTERRUPT OR PREVENT THE CONTINUITY OF THE EMPLOYEES ’
USUAL WORK FOR THE P URPOSE AND WITH THE INTENT OF COERCING T HE
EMPLOYEES INTO RELIN QUISHING RIGHTS GUAR ANTEED BY THIS TITLE ; OR
(2) BRING ECONOMIC PRESS URE ON EMPLOYEES FOR THE PURPOSE
OF SECURING THE AGRE EMENT OF THEIR EXECU TIVE REPRESE NTATIVE TO
COLLECTIVE BARGAININ G AGREEMENT TERMS .
(H) (G) “PUBLIC EMPLOYEE ” MEANS AN INDIVIDUAL WHO:
(1) HOLDS A POSITION BY APPOINTMENT OR EMPLO YMENT IN THE
SERVICE OF A PUBLIC EMPLOYER WITH COLLEC TIVE BARGAINING RIGH TS UNDER
TITLE 3 OF THE STATE PERSONNEL AND PENSIONS ARTICLE OR TITLE 6, SUBTITLE
4 OR 5 OR TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE; AND
(2) IS NOT A CONFIDENTIA L EMPLOYEE.
(H) (I) (H) “PUBLIC EMPLOYER ” MEANS:
(1) THE STATE, INCLUDING ANY UNIT , DEPARTMENT , OR
INSTRUMENTALITY OF T HE STATE;
(2) A COMMUNITY COLLEGE LISTED UNDER § 16–702(B) OF THE
EDUCATION ARTICLE; AND
(3) A COUNTY BOARD OF ED UCATION OR THE BALTIMORE CITY
BOARD OF SCHOOL COMMISSIONERS .
(I) “PUBLIC EMPLOYEE ” MEANS AN INDIVIDUAL WHO:
Ch. 114 2023 LAWS OF MARYLAND
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(1) HOLDS A POSITION BY APPOINTMENT OR EMPLO YMENT IN THE
SERVICE OF A PUBLIC EMPLOYER WITH COLLEC TIVE BARGAINING RIGH TS UNDER
TITLE 3 OF THE STATE PERSONNEL AND PENSIONS ARTICLE, TITLE 6, SUBTITLE 4
OR 5 OF THE EDUCATION ARTICLE OR TITLE 16, SUBTITLE 7 OF THE EDUCATION
ARTICLE; AND
(2) IS NOT A CONFIDENTIA L EMPLOYEE.
(J) (I) (1) “SHOWING OF INTEREST F ORM” MEANS A WRITTEN STAT EMENT
FROM A PUBLIC EMPLOY EE WHO WISHES TO BE REPRESENTED BY A PET ITIONING
EMPLOYEE ORGANIZATIO N FOR THE PURPOSE OF COLLECTIVE BARGAI NING.
(2) “SHOWING OF INTEREST F ORM” INCLUDES:
(I) A UNION AUTHORIZATIO N CARD; OR
(II) A UNION MEMBERSHIP C ARD.
(K) “STRIKE” MEANS ANY CONCERTED WORK STOPPAGE TO IND UCE,
INFLUENCE, COERCE, OR ENFORCE DEMANDS F OR A CHANGE IN WAGES , HOURS,
TERMS, OR OTHER CONDITIONS OF EMPLOYMENT INCLUDING:
(1) REFUSAL TO REPORT FO R DUTY;
(2) WILLFUL ABSENCE FROM A POSITION;
(3) SLOWDOWN OF WORK ; OR
(4) ABSTINENCE IN WHOLE OR IN PART FROM THE PROPER
PERFORMANCE OF THE D UTIES OF EMPLOYMENT .
(J) (1) “STRIKE” MEANS ANY CONCERTED ACTION TO IMPEDE THE FULL
AND PROPER PERFORMAN CE OF EMPLOYMENT DUT IES IN ORDER TO INDU CE,
INFLUENCE, COERCE, OR ENFORCE DEMANDS F OR A CHANGE IN WAGES , HOURS,
TERMS, OR OTHER CONDITIONS OF EMPLOYMENT .
(2) “STRIKE” INCLUDES A TOTAL OR PARTIAL :
(I) REFUSAL OR FAILURE T O REPORT TO WORK ;
(II) REFUSAL OR FAILURE T O PERFORM EMPLOYMENT DUTIES;
(III) WITHDRAWAL FROM WORK ;
WES MOORE, Governor Ch. 114
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(IV) WORK STOPPAGE ; OR
(V) WORK SLOWDOWN .
21–102.
(A) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT IT IS T HE PUBLIC
POLICY OF THE STATE TO ENCOURAGE AN D PROTECT THE EXERCI SE BY PUBLIC
SECTOR EMPLOYEES OF THE FULL FREEDOM OF ASSOCIATION,
SELF–ORGANIZATION , AND DESIGNATION OF R EPRESENTATIVES OF TH EIR OWN
CHOOSING, FOR THE PURPOSE OF N EGOTIATING THE TERMS AND CONDITIONS OF
THEIR EMPLOYMENT OR OTHER MUTUAL AID OR PROTECTION .
(B) FOR THE ADVANCEMENT O F THE RIGHTS DESCRIB ED UNDER
SUBSECTION (A) OF THIS SECTION AND TO PROMOTE LABOR PEA CE AND THE
ORDERLY AND CONS TRUCTIVE RELATIONSHI PS BETWEEN ALL PUBLI C EMPLOYERS
AND THEIR EMPLOYEES , THE GENERAL ASSEMBLY HAS DETERMIN ED THAT THE
OVERALL POLICY MAY B EST BE ACCOMPLISHED BY:
(1) GRANTING TO PUBLIC E MPLOYEES THE RIGHT T O ORGANIZE AND
CHOOSE FREELY THEIR REPRESENTATI VES;
(2) REQUIRING PUBLIC EMP LOYERS TO NEGOTIATE AND BARGAIN
WITH EMPLOYEE ORGANI ZATIONS REPRESENTING PUBLIC EMPLOYEES AND TO
ENTER INTO WRITTEN A GREEMENTS EVIDENCING THE RESULT OF THE BA RGAINING;
AND
(3) ESTABLISHING PROCEDU RES TO PROVIDE FOR T HE PROTECTION
OF THE RIGHTS OF PUB LIC EMPLOYEES , THE PUBLIC EMPLOYERS , AND THE PUBLIC
AT LARGE.
(C) THE LAW OF THE STATE WITH RESPECT TO THE LABOR RIGHTS OF
PUBLIC SECTOR EMPLOY EES IS INTENDED TO F OLLOW THE RIGHTS OF EMPLOYEES
UNDER THE FEDERAL NATIONAL LABOR RELATIONS ACT.
21–103.
DECISIONS OF THE FEDE RAL NATIONAL LABOR RELATIONS BOARD SHALL
MAY BE AFFORDED PERSUASIVE WEIGHT IN ANY INTERP RETATION OF THIS TIT LE.
SUBTITLE 2. RIGHTS AND DUTIES OF EMPLOYEES, PUBLIC EMPLOYERS, AND
EXCLUSIVE REPRESENTATIVES .
21–201. Ch. 114 2023 LAWS OF MARYLAND
– 24 –
(A) EMPLOYEES OF A PUBLIC EMPLOYER HAVE THE RI GHT TO:
(1) ENGAGE IN CONCERTED ACTIVITIES FOR THE PURPOSE S OF
MUTUAL AID OR PROTEC TION; AND
(2) REFRAIN FROM ANY OR ALL ACTIVITIES DESCR IBED UNDER ITEM
(1) OF THIS SUBSECTION .
(B) PUBLIC EMPLOYEES HAVE THE RIGHT TO:
(1) FORM, JOIN AND PARTICIPATE IN, OR TO REFRAIN FROM
FORMING, JOINING, OR PARTICIPATING IN , ANY EMPLOYEE ORGANIZ ATION OF
THEIR OWN CHOOSING ;
(2) BE REPRESENTED BY EM PLOYEE ORGANIZATIONS , TO NEGOTIATE
COLLECTIVELY WITH TH EIR PUBLIC EMPLOYERS IN THE DETERMINATION OF THEIR
TERMS AND CONDITIONS OF EMPLOYMENT , AND THE ADMIN ISTRATION OF
GRIEVANCES ARISING T HEREUNDER ; AND
(3) BE FAIRLY REPRESENTE D BY THEIR EXCLUSIVE
REPRESENTATIVE , IF ANY, IN COLLECTIVE BARGAI NING.
(C) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION , AN
EMPLOYEE ORGANIZATIO N MAY ESTABLISH REAS ONABLE:
(1) RESTRICTIONS AS TO W HO MAY JOIN; AND
(2) PROVISIONS FOR THE D ISMISSAL OF INDIVIDU ALS FROM
MEMBERSHIP .
(D) AN EMPLOYEE ORGANIZATION MAY NOT ESTABLISH RE STRICTIONS AND
PROVISIONS UNDER SUB SECTION (C) OF THIS SECTION THAT DISCRIMINATE WITH
REGARD TO THE TERMS OR COND ITIONS OF MEMBERSHIP BECAUSE OF:
(1) AGE;
(2) ANCESTRY;
(3) COLOR;
(4) CREED;
(5) GENDER IDENTITY ; WES MOORE, Governor Ch. 114
– 25 –
(6) MARITAL STATUS ;
(7) MENTAL OR PHYSICAL D ISABILITY;
(8) NATIONAL ORIGIN ;
(9) RACE;
(10) RELIGIOUS AFFIL IATION, BELIEF, OR OPINION;
(11) SEX; OR
(12) SEXUAL ORIENTATION .
21–202.
A PUBLIC EMPLOYER SHAL L EXTEND TO AN EXCLU SIVE REPRESENTATIVE THE
RIGHT TO:
(1) REPRESENT PUBLIC EMP LOYEES IN:
(I) NEGOTIATIONS NOTWITH STANDING THE EXISTEN CE OF AN
AGREEMENT WITH AN EM PLOYEE ORGANIZATION THAT IS NO LONGER CE RTIFIED OR
RECOGNIZED ; AND
(II) THE SETTLEMENT OF GR IEVANCES;
(2) (I) ON REQUEST , INFORMATION FROM A P UBLIC EMPLOYER
RELEVANT TO THE ADMI NISTRATION AND NEGOT IATION OF AN AGREEME NT OR THE
PROPER PERFORMANCE OF THE EMPLOYEE ORGANIZ ATION’S DUTIES AS THE
PUBLIC EMPLOYEES ’ REPRESENTATIVE ; AND
(II) HAVE THE INFORMATION REQUESTED UNDER ITEM (I) OF
THIS ITEM MADE AVAIL ABLE AS SOON AS PRAC TICABLE, BUT NOT LATER THAN 30
DAYS AFTER THE PUBLI C EMPLOYER RECEIVES THE REQ UEST; AND
(3) COMMUNICATE WITH ITS MEMBERS AND ELECTED OFFICIALS, IN
A MANNER AND AT TIME S AT ITS DISCRETION , CONCERNING ISSUES RE LEVANT TO
THE ADMINISTRATION A ND NEGOTIATION OF AN AGREEMENT .
21–203.
Ch. 114 2023 LAWS OF MARYLAND
– 26 –
(A) ON WRITTEN REQUEST OF AN EXCLUSIVE REPRESENTAT IVE FOR EACH
EMPLOYEE IN THE BARG AINING UNIT REPRESEN TED BY THE EXCLUSIVE
REPRESENTATIVE , THE PUBLIC EMPLOYER , AS APPROPRIATE , SHALL PROVIDE THE
EXCLUSIVE REPRESENTA TIVE WITH THE EMPLOY EE’S:
(1) NAME;
(2) POSITION CLASSIFICAT ION;
(3) UNIT;
(4) HOME AND WORK SITE A DDRESSES WHERE THE E MPLOYEE
RECEIVES INTEROFFICE OR UNITED STATES MAIL;
(5) HOME AND WORK SITE T ELEPHONE NUMBERS ;
(6) WORK E–MAIL ADDRESS ; AND
(7) POSITION IDENTIFICAT ION NUMBER.
(B) THE PUBLIC EMPLOYER , AS APPROPRIATE , SHALL PROVIDE THE
EXCLUSIVE REPRESENTA TIVE WITH THE REQUES TED INFORMATION IN A
SEARCHABLE AND ANALY ZABLE ELECTRONIC FOR MAT.
(C) NAMES OR LISTS OF EMP LOYEES PROVIDED TO T HE BOARD IN
CONNECTION WITH AN E LECTION UNDER THIS T ITLE ARE NOT SUBJ ECT TO
DISCLOSURE IN ACCORD ANCE WITH TITLE 4 OF THE GENERAL PROVISIONS
ARTICLE.
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (3) OF THIS
SUBSECTION, AN EXCLUSIVE REPRESE NTATIVE SHALL CONSID ER THE
INFORMATION THAT IT RECEIVES UNDER THIS SECTION AS CON FIDENTIAL AND MAY
NOT RELEASE THE INFO RMATION TO ANY PERSO N.
(2) AN EXCLUSIVE REPRESEN TATIVE MAY AUTHORIZE THIRD PARTY
CONTRACTORS TO USE T HE INFORMATION THAT IT RECEIVES UNDER TH IS SECTION,
AS DIRECTED BY THE E XCLUSIVE REPRESENTAT IVE, TO CARRY OUT THE EXCLUSIVE
REPRESENTATIVE ’S STATUTORY DUTIES U NDER THIS TITLE.
(3) AN EXCLUSIVE REPRESEN TATIVE OR AN AUTHORI ZED THIRD
PARTY CONTRACTOR MAY USE THE INFORMATION THAT IT RECEIVES UND ER THIS
SECTION FOR THE PURP OSE OF MAINTAINING O R INCREASING EMPLOYE E
MEMBERSHIP IN AN EMPLOYEE ORGANIZATION . WES MOORE, Governor Ch. 114
– 27 –
(4) ON WRITTEN REQUEST OF AN EMPLOYEE , AN EXCLUSIVE
REPRESENTATIVE SHALL WITHHOLD FURTHER COM MUNICATION WITH THE
EMPLOYEE UNLESS OTHE RWISE REQUIRED BY LA W OR THE WRITTEN REQ UEST IS
REVOKED BY THE EMPLO YEE.
21–204.
(A) A EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, A PUBLIC
EMPLOYER HAS THE RIG HT TO:
(1) DETERMINE HOW THE ST ATUTORY MANDATE AND GOALS OF THE
PUBLIC EMPLOYER , INCLUDING THE FUNCTI ONS AND PROGRAMS OF THE PUBLIC
EMPLOYER, ITS OVERALL BUDGET , AND ITS ORGANIZATIONAL S TRUCTURE, ARE TO
BE CARRIED OUT ; AND
(2) DIRECT EMPLOYEES OF THE PUBLIC EMPLOYER .
(B) THE STATE, THROUGH ITS APPROPRI ATE OFFICERS AND EMP LOYEES,
HAS THE RIGHT TO :
(1) (I) DETERMINE THE MISSIO N, BUDGET, ORGANIZATION ,
NUMBERS, TYPES AND GRADES OF EM PLOYEES ASSIGNED , THE WORK PROJECTS ,
TOURS OF DUTY , METHODS, MEANS, AND PERSONNEL BY WHI CH ITS OPERATIONS
ARE TO BE CONDUCTED , TECHNOLOGY NEEDED , INTERNAL SECURITY PR ACTICES,
AND RELOCATION OF IT S FACILITIES; AND
(II) MAINTAIN AND I MPROVE THE EFFICIENC Y AND
EFFECTIVENESS OF GOV ERNMENTAL OPERATIONS ;
(2) DETERMINE THE :
(I) SERVICES TO BE RENDE RED, OPERATIONS TO BE
PERFORMED , AND TECHNOLOGY TO BE USED; AND
(II) OVERALL METHODS , PROCESSES, MEANS, AND CLASSES OF
WORK OR PERSONNEL BY WHICH G OVERNMENTAL OPERATIO NS ARE TO BE
CONDUCTED ;
(3) HIRE, DIRECT, SUPERVISE, AND ASSIGN EMPLOYEES ;
(4) (I) PROMOTE, DEMOTE, DISCIPLINE, DISCHARGE, RETAIN, AND
LAY OFF EMPLOYEES ; AND
Ch. 114 2023 LAWS OF MARYLAND
– 28 –
(II) TERMINATE EMPLOYMENT BECAUSE OF LACK OF F UNDS,
LACK OF WORK , UNDER CONDITIONS WHE RE THE EMPLOYER DETE RMINES
CONTINUED WORK WOULD BE INEFFICIENT OR NO NPRODUCTIVE , OR FOR OTHER
LEGITIMATE REASONS ;
(5) SET THE QUALIFICATIO NS OF EMPLOYEES FOR APPOINTMENT AND
PROMOTION , AND SET STANDARDS OF CONDUCT;
(6) ADOPT STATE OR DEPARTMENT RULES , REGULATIONS , OR
PROCEDURES ;
(7) PROVIDE A SYSTEM OF MERIT EMPLOYMENT ACC ORDING TO THE
STANDARD OF BUSINESS EFFICIENCY; AND
(8) TAKE ACTIONS NOT OTH ERWISE SPECIFIED IN THIS SECTION TO
CARRY OUT THE MISSIO N OF THE EMPLOYER .
21–205.
(A) A PUBLIC EMPLOYER IS P ROHIBITED FROM ENGAG ING IN A LOCKOUT .
(B) PUBLIC EMPLOYEES ARE PROHIBITED FROM ENGA GING IN A STRIKE.
(C) A PUBLIC EMPLOYER OR A N EMPLOYEE ORGANIZAT ION MAY NOT
INTERFERE WITH , INTIMIDATE, RESTRAIN, COERCE, OR DISCRIMINATE AGAI NST A
PUBLIC EMPLOYEE BECA USE THE PUBLIC EMPLO YEE EXERCISES RIGHTS GRANTED
UNDER THIS TITLE .
21–206.
(A) A PUBLIC EMPLOYER AND ITS OFFICERS, EMPLOYEES, AGENTS, OR
REPRESENTATIVES ARE PROHIBITED FROM ENGA GING IN ANY UNFAIR L ABOR
PRACTICE, INCLUDING:
(1) INTERFERING WITH , RESTRAINING, OR COERCING EMPLOYEE S IN
THE EXERCISE OF THEI R RIGHTS UNDER THIS TITLE;
(2) DOMINATING , INTERFERING WITH , CONTRIBUTING FINANCI AL OR
OTHER SUPPORT TO , OR ASSISTING IN THE FORMATION, EXISTENCE, OR
ADMINISTRATION OF AN Y EMPLOYEE ORGANIZAT ION;
(3) GRANTING ADMINISTRAT IVE LEAVE TO EMPLOYE ES TO ATTEND
EMPLOYER SPONSORED O R SUPPORTED MEETINGS OR EVENTS RELATING T O AN WES MOORE, Governor Ch. 114
– 29 –
ELECTION UNDER SUBTITLE 4 OF THIS TITLE, UNLESS THE PUBLIC EM PLOYER
GRANTS EMPLO YEES AT LEAST THE SA ME AMOUNT OF ADMINIS TRATIVE LEAVE TO
ATTEND LABOR ORGANIZ ATION SPONSORED OR S UPPORTED MEETINGS OR
EMPLOYEE MEETINGS ;
(4) DISCRIMINATING IN HI RING, TENURE, OR ANY TERM OR
CONDITION OF EMPLOYM ENT TO ENCOURAGE OR DISCOURAGE MEMBERSHI P IN AN
EMPLOYEE ORGANIZATIO N;
(5) DISCHARGING OR DISCR IMINATING AGAINST AN EMPLOYEE
BECAUSE OF THE SIGNI NG OR FILING OF AN A FFIDAVIT, PETITION, OR COMPLAINT ,
OR GIVING INFORMATIO N OR TESTIMONY IN CO NNECTION WITH MATTER S UNDER
THIS TITLE;
(6) FAILING TO PROVIDE ALL EMPLOYEE ORGANIZATIONS INVOLV ED
IN AN ELECTION THE S AME RIGHTS OF ACCESS AS REQUIRED BY THE BOARD
THROUGH REGULATION ;
(7) ENGAGING IN SURVEILL ANCE OF UNION ACTIVI TIES;
(8) REFUSING TO BARGAIN IN GOOD FAITH;
(9) FAILING TO MEET AN E STABLISHED NEGOTIATI ON DEADLINE ,
UNLESS A WRITTEN AGR EEMENT BETWEEN THE P UBLIC EMPLOYER AND T HE
EXCLUSIVE REPRESENTA TIVE PROVIDES OTHERW ISE;
(10) ENGAGING IN A LOCKOU T; OR
(11) SPENDING PUBLIC MONE Y TO CONTRACT WITH , USING PUBLIC
RESOURCES TO CONTRACT WITH , OR PROVIDING ASSISTA NCE TO AN INDIVIDUAL OR
GROUP FOR A NEGATIVE CAMPAIGN AGAINST EFF ORTS BY EMPLOYEES OF A PUBLIC
EMPLOYER OR AN EMPLO YEE ORGANIZATION TO :
(I) GAIN OR RETAIN COLLE CTIVE BARGAINING RIG HTS; OR
(II) CERTIFY AN EMPLOYEE ORGANIZATION AS AN E XCLUSIVE
REPRESENTATIVE .
(B) EMPLOYEE ORGANIZATION S AND THEIR AGENTS O R REPRESENTATIVES
ARE PROHIBITED FROM ENGAGING IN ANY UNFA IR LABOR PRACTICE , INCLUDING:
(1) INTERFERING WITH , RESTRAINING, OR COERCING EMPLOYEES IN
THE EXERCISE OF THEI R RIGHTS UNDER THIS TITLE;
Ch. 114 2023 LAWS OF MARYLAND
– 30 –
(2) CAUSING OR ATTEMPTIN G TO CAUSE A PUBLIC EMPLOYER TO
DISCRIMINATE IN HIRI NG, TENURE, OR ANY TERM OR CONDI TION OF EMPLOYMENT
TO ENCOURAGE OR DISC OURAGE MEMBERSHIP IN AN EMPLOYEE ORGANIZA TION;
(3) ENGAGING IN , INDUCING, OR ENCOURAGING ANY P ERSON TO
ENGAGE IN A STRIKE , AS DEFINED IN § 21–205 OF THIS SUBTITLE;
(4) INTERFERING WITH THE STATUTORY DUTIES OF THE STATE OR A
PUBLIC EMPLOYER ;
(5) REFUSING TO BARGAIN IN GOOD FAITH; OR
(6) NOT FAIRLY REPRESENT ING EMPLOYEES IN COL LECTIVE
BARGAINING OR IN ANY OTHER MATTER IN WHIC H THE EMPLOYEE ORGAN IZATION
HAS THE DUTY OF FAIR REPRESENTATION .
21–207.
(A) EACH EXCLUSIVE REPRES ENTATIVE HAS THE RIG HT TO COMMUNICATE
WITH THE EMPLOYEES T HAT IT REPRESENTS .
(B) (1) PUBLIC EMPLOYERS SHAL L ALLOW AN EXCLUSIVE
REPRESENTATIVE TO :
(I) MEET WITH A NEW EMPL OYEE IN A BARGAINING UNIT
REPRESENTED BY THE E XCLUSIVE REPRESENTAT IVE WITHIN THE FIRST FULL PAY
PERIOD OF THE NEW EM PLOYEE’S START DATE; OR
(II) ATTEND AND PARTICIPA TE IN A NEW EMPLOYEE PROGRAM
THAT INCLUDES ONE OR MORE EMPLOYEES WHO A RE IN A BARGAINING U NIT
REPRESENTED BY THE E XCLUSIVE REPRESENTAT IVE.
(2) THE NEW EMPLOYEE PROG RAM DESCRIBED IN PAR AGRAPH (1)(II)
OF THIS SUBSECTION M AY BE A NEW EMPLOYEE ORIENTATI ON, TRAINING, OR OTHER
PROGRAM THAT THE PUB LIC EMPLOYER AND AN EXCLUSIVE REPRESENTA TIVE
NEGOTIATE IN ACCORDA NCE WITH TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION
ARTICLE, TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE, OR TITLE 3 OF THE
STATE PERSONNEL AND PENSIONS ARTICLE.
(3) EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS SUBSECTION ,
THE EXCLUSIVE REPRES ENTATIVE SHALL BE AL LOWED AT LEAST 30 MINUTES TO
MEET WITH THE NEW EM PLOYEE OR TO COLLECT IVELY ADDRESS ALL NE W
EMPLOYEES IN ATTENDA NCE DURING A NEW EMPLOYEE P ROGRAM. WES MOORE, Governor Ch. 114
– 31 –
(4) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH , A MEETING BETWEEN TH E NEW EMPLOYEE AND T HE EXCLUSIVE
REPRESENTATIVE SHALL BE IN PERSON.
(II) AN EXCLUSIVE REPRESEN TATIVE MAY CHOOSE TO MEET
WITH A NEW EMP LOYEE BY VIDEO OR SI MILAR TECHNOLOGY IF PUBLIC HEALTH
CONCERNS NECESSITATE THAT A MEETING BE CO NDUCTED REMOTELY .
(5) A PUBLIC EMPLOYER AND AN EXCLUSIVE REPRESE NTATIVE MAY
NEGOTIATE A PERIOD O F TIME THAT IS MORE THAN 30 MINUTES IN ACCORDANC E
WITH TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, TITLE 16, SUBTITLE
7 OF THE EDUCATION ARTICLE, OR TITLE 3 OF THE STATE PERSONNEL AND
PENSIONS ARTICLE.
(6) A PUBLIC EMPLOYER :
(I) SHALL ENCOURAGE AN E MPLOYEE TO MEET WITH THE
EXCLUSIVE REPRESENTA TIVE OR AT TEND THE PORTION OF A NEW EMPLOYEE
PROGRAM DESIGNATED F OR AN EXCLUSIVE REPR ESENTATIVE TO ADDRES S NEW
EMPLOYEES; AND
(II) MAY NOT REQUIRE AN E MPLOYEE TO MEET WITH AN
EXCLUSIVE REPRESENTA TIVE OR ATTEND THE P ORTION OF A NEW EMPL OYEE
PROGRAM DESIGNATED F OR AN EXCLUSIVE REPRESE NTATIVE TO ADDRESS N EW
EMPLOYEES IF THE EMP LOYEE OBJECTS TO ATT ENDING.
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION
AND SUBJECT TO PARAG RAPH (3) OF THIS SUBSECTION , A PUBLIC EMPLOYER SH ALL
PROVIDE THE EXCLUSIV E REPRESENTATIVE AT LE AST 10 DAYS’ NOTICE OF THE
START DATE OF A NEW EMPLOYEE IN A BARGAI NING UNIT REPRESENTE D BY THE
EXCLUSIVE REPRESENTA TIVE.
(2) A PUBLIC EMPLOYER MAY PROVIDE THE EXCLUSIV E
REPRESENTATIVE WITH LESS THAN 10 DAYS’ NOTICE IF THERE IS A N URGENT NEED
CRITICAL TO THE EMPL OYER THAT WAS NOT RE ASONABLY FORESEEABLE .
(3) THE NOTICE REQUIRED U NDER PARAGRAPH (1) OF THIS
SUBSECTION SHALL :
(I) BE PROVIDED ELECTRON ICALLY TO THE LOCAL PRESIDENT
OR EXCLUSIVE REPRESE NTATIVE DESIGNEE WIT HIN 5 DAYS OF THE EMPLOYEE ’S
FIRST CHECK–IN;
Ch. 114 2023 LAWS OF MARYLAND
– 32 –
(II) EXCEPT AS PROVIDED I N ITEM (III) OF THIS PARAGRAPH ,
INCLUDE THE NEW EMPL OYEE’S NAME, UNIT, AND ALL EMPLOYEE IDE NTIFICATION
NUMBERS, INCLUDING WORKDAY NUMBERS ;
(III) EXCLUDE THE NEW EMPL OYEE’S SOCIAL SECURITY
NUMBER; AND
(IV) BE CONSIDERED CONFID ENTIAL BY AN EXCLUSI VE
REPRESENTATIVE .
(4) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH , AN EXCLUSIVE REPRESE NTATIVE MAY NOT DISC LOSE THE
INFORMATION IN A NOT ICE.
(II) THE EXECUTIVE EXCLUSIVE REPRESENTATIVE MAY
AUTHORIZE A THIRD –PARTY CONTRACTOR TO USE THE INFORMATION IN A NOTICE,
AS DIRECTED BY THE E XCLUSIVE REPRESENTAT IVE, TO FULFILL THE EXCLU SIVE
REPRESENTATIVE ’S STATUTORY DUTIES .
21–208.
AN EMPLOYEE ORGANIZAT ION CERTIFIED AS THE EXCLUSIVE
REPRESENTATIVE SHALL :
(1) SERVE AS THE SOLE AN D EXCLUSIVE BARGAINI NG AGENT FOR ALL
EMPLOYEES IN THE BAR GAINING UNIT;
(2) REPRESENT FAIRLY AND WITHOUT DISCRIMINATI ON ALL
EMPLOYEES IN THE BAR GAINING UNIT, WHETHER OR NOT THE E MPLOYEES ARE
MEMBERS OF THE EMPLOYEE ORGANIZATIO N OR ARE PAYING DUES OR OTHER
CONTRIBUTIONS TO IT OR PARTICIPATING IN ITS AFFAIRS; AND
(3) PROMPTLY FILE WITH T HE BOARD ALL CHANGES AND
AMENDMENTS TO THE OR GANIZATION’S GOVERNING DOCUMENT S.
21–209.
(A) AN EMPLOYEE ORGANIZAT ION IS ENTITLED TO MEMBERSH IP DUES
DEDUCTION, ON PRESENTATION BY T HE EMPLOYEE ORGANIZA TION OF:
(1) DUES DEDUCTION AUTHO RIZATION CARDS ;
(2) ELECTRONIC MEMBERSHI P APPLICATION; OR
WES MOORE, Governor Ch. 114
– 33 –
(3) OTHER METHOD BY WHIC H AN EMPLOYEE HAS MA NIFESTED
ASSENT FOR MEMBERSHI P DUES DEDUCTION .
(B) (1) A PUBLIC EMPLOYER SHAL L COMMENCE MAKING DU ES
DEDUCTIONS AS SOON A S PRACTICABLE , BUT NOT LATER THAN 30 DAYS AFTER
RECEIVING THE PROOF PRESENTED UNDER SUBS ECTION (A) OF THIS SECTION.
(2) A PUBLIC EMPLOYER SHAL L TRANSMIT MEMBERSHI P DUES TO
THE EMPLOYEE ORGANIZ ATION WITHIN 30 DAYS AFTER THE DEDUC TIONS ARE
MADE.
(3) A PUBLIC EMPLOYER SHAL L ACCEPT AN AUTHORIZ ATION TO
DEDUCT FROM THE SALA RY OF A PUBLIC EMPLO YEE AN AMOUNT FOR TH E PAYMENT
OF DUES IN ANY FORMA T AUTHORIZED UNDER § 21–106 OF THE COMMERCIAL LAW
ARTICLE.
(C) THIS SECTION MAY NOT BE CONSTRUED TO REQU IRE AN EMPLOYEE TO
BECOME A MEMBER OF A N EMPLOYEE ORGANIZAT ION.
(D) (1) THE RIGHT OF AN EMPLO YEE ORGANIZATION TO MEMBERSHIP
DUES DEDUCTION SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL:
(I) AN EMPLOYEE REVOKES MEMBERSHIP IN ACCORD ANCE
WITH A COLLECTIVE BA RGAINING AGREEMENT O R THE MEMBERSHIP APP LICATION;
(II) THE EMPLOYEE CANCELS MEMBERSHIP DUES DEDU CTION
UNDER § 2–403 OF THE STATE PERSONNEL AND PENSIONS ARTICLE; OR
(III) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE
EMPLOYEE IS NO LONGE R EMPLOYED BY THE PU BLIC EMPLOYER .
(2) IF WITHIN A PERIOD OF 1 YEAR, THE EMPLOYEE IS EMPL OYED BY
THE SAME PUBLIC EMPL OYER IN A POSITION R EPRESENTED BY THE SA ME
EXCLUSIVE REPRESENTATIVE , THE RIGHT TO MEMBERS HIP DUES DEDUCTION
SHALL BE AUTOMATICAL LY REINSTATED .
(E) IF THE EMPLOYEE WHO H AS CONSENTED TO DUES DEDUCTION IS
EITHER REMOVED FROM A PUBLIC EMPLOYER ’S PAYROLL OR OTHERWI SE PLACED
ON AN INVOLUNTARY OR VOLUNTARY LEAVE OF ABSENCE , WHETHER PAID OR
UNPAID, THE PUBLIC EMPLOYEE ’S MEMBERSHIP DUES DE DUCTION AUTHORIZATIO N
SHALL:
(1) REMAIN EFFECTIVE ; AND
Ch. 114 2023 LAWS OF MARYLAND
– 34 –
(2) BE CONTINUED ON THE PUBLIC EMPLOYEE ’S RETURN TO THE
PAYROLL OR RESTORATI ON TO ACTIVE EMPLOYM ENT FROM A LEAVE OF ABSENCE.
(F) IF AN AUTHORIZATION F OR A PUBLIC EMPLOYER TO MAKE
MEMBERSHIP DUES DEDU CTION WAS IN EFFECT ON JUNE 30, 2023:
(1) THE RIGHT OF THE EMP LOYEE ORGANIZATION T O MEMBERSHIP
DUES DEDUCTION SHALL CONTINUE UNLESS THE RIGHT IS TERMINATED UNDER
SUBSECTION (D) OF THIS SECTION; AND
(2) THE EMPLOYEE ORGANIZ ATION MAY NOT BE REQ UIRED TO
PRESENT NEW AUTHORIZ ATION UNDER SUBSECTI ON (A) OF THIS SECTION.
21–210.
(A) A PUBLIC EMPLOYER OR I TS OFFICERS, OR AN AGENT OF THE P UBLIC
EMPLOYER, MAY NOT SPEND PUBLIC MONEY, USE PUBLIC RESOURCES , OR PROVIDE
ASSISTANCE TO AN IND IVIDUAL OR GROUP FOR A NEGATIVE CAMPAIGN AGAINST
EFFORTS BY EMPLOYEES OF A PUBLIC EMPLOYER OR AN EMPLOYEE ORGAN IZATION
TO:
(1) GAIN OR RETAIN COLLE CTIVE BARGAINING RIG HTS; OR
(2) CERTIFY AN EMPLOYEE ORGANIZATIO N AS AN EXCLUSIVE
REPRESENTATIVE .
(B) (1) WITHIN 7 DAYS AFTER A VALID E LECTION HAS BEEN SCH EDULED
UNDER SUBTITLE 4 OF THIS TITLE, THE PUBLIC EMPLOYER SHALL ALLOW PUBLIC
EMPLOYEES AND EMPLOY EE ORGANIZATIONS TO ACCESS THE EMPLOYER ’S
PROPERTY AND FACILITIE S, INCLUDING GROUNDS , ROOMS, BULLETIN BOARDS ,
INTEROFFICE MAIL , AND OTHER COMMON ARE AS FOR CAMPAIGN ACTI VITIES FOR
THE ELECTION .
(2) THE PUBLIC EMPLOYER M AY NOT:
(I) LIMIT THE AMOUNT OF TIME A PUBLIC EMPLOY EE HAS
ACCESS TO THE PU BLIC EMPLOYER ’S PROPERTY AND FACIL ITIES DURING AN
ELECTION UNDER THIS SECTION; OR
(II) ALTER OR REVISE EXIS TING RULES OR REGULA TIONS TO
UNFAIRLY LIMIT OR PR OHIBIT PUBLIC EMPLOY EES OR EMPLOYEE ORGA NIZATIONS
FROM EXERCISING THEI R RIGHTS UNDER THIS TITLE.
WES MOORE, Governor Ch. 114
– 35 –
(3) THIS SUBSECTION MAY N OT BE CONSTRUED TO A LLOW CAMPAIGN
ACTIVITIES TO INTERF ERE WITH A PUBLIC EM PLOYER’S OPERATIONS.
SUBTITLE 3. PUBLIC EMPLOYEE RELATIONS BOARD.
21–301.
THERE IS A PUBLIC EMPLOYEE RELATIONS BOARD ESTABLISHED AS AN
INDEPENDENT UN IT OF STATE GOVERNMENT .
21–302.
(A) THE BOARD CONSISTS OF THE FOLLOWING FIVE MEMBE RS:
(1) A CHAIR APPOINTED BY THE GOVERNOR WITH THE ADV ICE AND
CONSENT OF THE SENATE, REPRESENTING THE PUB LIC;
(2) TWO MEMBERS CHOSEN F ROM A LIST OF CANDID ATES SUBMITTED
BY EACH EXCLUSIVE RE PRESENTATIVE , APPOINTED BY THE GOVERNOR WITH DUE
REGARD FOR ANY CANDI DATES WHO HAVE MAJOR ITY OR PLURALITY SUP PORT
FROM EXCLUSIVE REPRE SENTATIVES, WITH THE ADVICE AND CONSENT OF THE
SENATE; AND
(3) TWO MEMBERS CHOSEN F ROM A LIST OF CANDIDATES S UBMITTED
BY PUBLIC EMPLOYERS , APPOINTED BY THE GOVERNOR WITH THE ADV ICE AND
CONSENT OF THE SENATE.
(B) EACH MEMBER OF THE BOARD:
(1) MUST HAVE KNOWLEDGE OF AND EXPERIENCE WI TH LABOR LAW ,
LABOR MEDIATION , OR LABOR NEGOTIATION S;
(2) MAY NOT BE OFFICERS OR EMPLOYEES OF A PU BLIC EMPLOYER ,
OR OF AN EMPLOYEE OR GANIZATION; AND
(3) MUST BE KNOWN FOR OB JECTIVE AND INDEPEND ENT JUDGMENT .
(C) BEFORE TAKING OFFICE , EACH MEMBER SHALL TA KE THE OATH
REQUIRED BY ARTICLE I, § 9 OF THE MARYLAND CONSTITUTION.
(D) (1) THE TERM OF A MEMBER IS 6 YEARS.
(2) THE TERMS OF MEMBERS ARE STAGGERED AS REQ UIRED BY THE
TERMS PROVIDED FOR M EMBERS OF THE BOARD ON JULY 1, 2023. Ch. 114 2023 LAWS OF MARYLAND
– 36 –
(3) A VACANCY SHALL BE FIL LED FOR AN UNEXPIRED TERM IN THE
SAME MANNE R AS AN ORIGINAL APP OINTMENT.
(4) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL
A SUCCESSOR IS APPOI NTED AND QUALIFIES .
(5) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOI NTED AND
QUALIFIES.
(E) THE GOVERNOR MAY REMOVE A MEMBER ONLY FOR INCO MPETENCE OR
MISCONDUCT .
(F) IN MAKING APPOINTMENT S TO THE BOARD, THE GOVERNOR SHALL
ENSURE, TO THE EXTENT PRACTI CABLE, THAT THE RATIO OF MA LE TO FEMALE
MEMBERS AND THE RACI AL MAKEUP OF THE BOARD IS REFLECTIVE O F THE
GENERAL POPULATION O F THE STATE.
21–303.
(A) (1) A MAJORITY OF THE VOTI NG MEMBERS SHALL CON STITUTE A
QUORUM FOR :
(I) THE TRANSACTION OF A NY BUSINESS; OR
(II) THE EXERCISE OF ANY POWER OR THE PERFORM ANCE OF
ANY DUTY AUTHORIZED OR I MPOSED BY LAW .
(2) FORMAL ACTION MAY NOT BE TAKEN BY THE BOARD WITHOUT
THE APPROVAL OF A MA JORITY OF THE VOTING MEMBERS OF THE BOARD.
(B) THE BOARD SHALL SET THE T IMES AND PLACES OF I TS MEETINGS, BUT
SHALL MEET AT LEAST ONCE PER MONTH.
(C) (1) AN APPOINTED MEMBER O F THE BOARD IS ENTITLED TO :
(I) THE COMPENSATION PRO VIDED IN THE STATE BUDGET ;
AND
(II) REIMBURSEMENT FOR EX PENSES UNDER THE STANDARD
STATE TRAVEL REGULATIONS AS PROVID ED IN THE STATE BUDGET .
WES MOORE, Governor Ch. 114
– 37 –
(2) THE CHAIR OF THE BOARD SHALL GIVE FULL TIME TO THE DUTIES
OF CHAIR AND IS ENTI TLED TO A SALARY AS PROVIDED IN THE STATE BUDGET .
21–304.
(A) (1) THE BOARD SHALL APPOINT A N EXECUTIVE DIRECTOR OF THE
BOARD.
(2) THE EXECUTIVE DIRECTOR:
(I) IS RESPONSIBLE TO AN D SERVES AT THE PLEASU RE OF THE
BOARD;
(II) MUST HAVE KNOWLEDGE OF AND EXPERIENCE WI TH LABOR
ISSUES; AND
(III) IS ENTITLED TO THE S ALARY PROVIDED IN TH E STATE
BUDGET.
(B) THE EXECUTIVE DIRECTOR SHALL PERFOR M THE DUTIES THAT TH E
BOARD ASSIGNS, INCLUDING:
(1) OPERATING THE OFFICE OF THE BOARD; AND
(2) KEEPING THE OFFICIAL RECORDS OF THE BOARD.
(C) THE EXECUTIVE DIRECTOR MAY HIRE ANY STAFF NECESSARY TO
CARRY OUT THE PROVIS IONS OF THIS TITLE.
21–305.
(A) THE BOARD SHALL APPOINT :
(1) A DEPUTY DIRECTOR FOR EXECUTIVE BRANCH LABOR
RELATIONS;
(2) A DEPUTY DIRECTOR FO R PUBLIC SCHOOL LABO R RELATIONS;
AND
(3) A DEPUTY DIRECTOR FO R PUBLIC HIGHER EDUC ATION LABOR
RELATIONS.
(B) THE DEPUTY DIRECTORS :
Ch. 114 2023 LAWS OF MARYLAND
– 38 –
(1) ARE RESPONSIBLE TO A ND SERVE AT T HE PLEASURE OF THE
BOARD;
(2) MUST HAVE KNOWLEDGE OF AND EXPERIENCE WI TH LABOR
ISSUES AND THE SUBJE CT MATTER AREA ASSOC IATED WITH THEIR POS ITIONS; AND
(3) ARE ENTITLED TO THE SALARY PROVIDED IN T HE STATE BUDGET.
21–306.
(A) THE BOARD IS RESPONSIB LE FOR ADMINISTERING AND ENFORCING
PROVISIONS OF:
(1) THIS TITLE;
(2) TITLE 6, SUBTITLE SUBTITLES 4 OR AND 5 OF THE EDUCATION
ARTICLE;
(3) TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE; AND
(4) TITLE 3 OF THE STATE PERSONNEL AND PENSIONS ARTICLE.
(B) IN ADDITION TO ANY OT HER POWERS OR DUTIES PROVIDED FOR
ELSEWHERE IN THIS TI TLE, TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE,
TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE, AND TITLE 3 OF THE STATE
PERSONNEL AND PENSIONS ARTICLE, THE BOARD MAY:
(1) ESTABLISH PROCEDURES FOR, SUPERVISE THE CONDUC T OF, AND
RESOLVE DISPUTES ABO UT ELECTIONS FOR EXC LUSIVE REPRESENTATIV ES;
(2) ESTABLISH PROCEDURES FOR AND RESOLVE DISP UTES ABOUT
PETITIONS FOR BARGAINING UNIT CLAR IFICATION;
(3) ESTABLISH PROCEDURES FOR AND RESOLVE DISP UTES ABOUT
PETITIONS AND ELECTI ONS FOR DECERTIFICAT ION OF AN EXCLUSIVE
REPRESENTATIVE ;
(4) INVESTIGATE AND TAKE APPROPRIATE ACTION I N RESPONSE TO
COMPLAINTS OF UNFAIR LABOR PRACTICES, INCLUDING STRIKES AN D LOCKOUTS;
(5) ESTABLISH PROCEDURES FOR AND RESOLVE DISP UTES ABOUT
THE NEGOTIABILITY OF BARGAINING SUBJECTS ;
WES MOORE, Governor Ch. 114
– 39 –
(6) ON APPLICATION BY AN EXCLUSIVE REPRESENTA TIVE EMPLOYEE
ORGANIZATION OR PUBLIC EMPLOYER , DETERMINE THAT T HE APPLICANT SHALL B E
DESIGNATED AS A JOIN T PUBLIC EMPLOYER OF PUBLIC EMPLOYEES IN AN
EMPLOYER–EMPLOYEE BARGAINING UNIT DETERMINED IN A CCORDANCE WITH
SUBTITLE 4 OF THIS TITLE WHEN S UCH DETERMINATION WO ULD BEST EFFECTUATE
THE PURPOSES OF THIS SUBTITLE; AND
(7) RESOLVE MATTERS AS P ROVIDED IN §§ 6–408, 6–510, AND 16–711
§§ 6–406, 6–507, AND 16–707 OF THE EDUCATION ARTICLE.
(C) THE BOARD SHALL HAVE BROA D DISCRETION TO TAKE AND ORDER
REMEDIAL ACTIONS WHE N IT FINDS THAT A PA RTY HAS COMMITTED AN UNFAIR
LABOR PRACTICE, INCLUDING THE RESTOR ATION OF ANY RIGHT , PAY, STATUS, OR
BENEFIT LOST BY A PU BLIC EMPLOYEE OR GRO UP OF PUBLIC EMPLOYE ES, DUE TO
VIOLATIONS OF THIS T ITLE.
(D) TO ENFORCE THE PROVIS IONS OF THIS SUBTITL E, THE BOARD MAY:
(1) ISSUE SUBPOENAS ; AND
(2) ADMINISTER OATHS AND AFFIRMATIONS , EXAMINE WITNESSES ,
AND RECEIVE EVIDENCE .
(E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
THE BOARD SHALL ADOPT AND ENFORCE REGULATIONS , GUIDELINES, AND
POLICIES TO CARRY OU T THIS TITLE.
(2) THE BOARD MAY NOT ADOPT A NY REGULATION , GUIDELINE, OR
POLICY THAT:
(I) UNNECESSARILY DELAYS THE RESOLUTION OF DI SPUTES
OVER ELECTIONS , UNFAIR LABOR PRACTIC ES, OR ANY OTHER MATTER UNDER THIS
TITLE; OR
(II) RESTRICTS OR WEAKENS THE PROTECTIONS PROV IDED TO
PUBLIC EMPLOYEES AND EMPLOYEE ORGANIZATIO NS UNDER THIS TITLE OR UNDER
REGULATIONS .
21–307.
(A) (1) IF A PARTY HAS BEEN C HARGED WITH ENGAGING IN OR HAS
ENGAGED IN AN UNFAIR LABOR PRACTICE , THE APPROPRIATE DEPU TY DIRECTOR
SHALL INVESTIGATE TH E CHARGE.
Ch. 114 2023 LAWS OF MARYLAND
– 40 –
(2) IF THE BOARD, THROUGH THE DEPUTY D IRECTOR’S
INVESTIGATION , FINDS THAT PROBABLE CAUSE EXISTS TO SUPP ORT THE CHARGE
OF AN UNFAIR LABOR P RACTICE, THE BOARD SHALL:
(I) ISSUE A COMPLAINT AG AINST THE PARTY STAT ING THE
CHARGES; AND
(II) NOT LESS THAN 15 DAYS AFTER ISSUING T HE COMPLAINT ,
ISSUE A NOTICE OF A HEARING BEFORE THE BOARD OR THE OFFICE OF
ADMINISTRATIVE HEARINGS.
(B) THE BOARD MAY NOT ISSUE A COMPLAINT UNDER SUBS ECTION (A)(2)(I)
OF THIS SECTION IF T HE UNFAIR LABOR PRAC TICE OCCURRED MORE THAN 6
MONTHS BEFORE THE FI LING OF THE CHARGE .
(C) (1) THE DEPUTY DIRECTORS SHALL ENDEAVOR AT AL L TIMES TO
SEEK INFORMAL RESOLU TION OF CHARGES OR C OMPLAINTS.
(2) THE BOARD AND THE APPROPR IATE DEPUTY DIRECTOR SHALL
MAKE ALL PRACTICAL A ND REASONABLE EFFORTS TO RESOLVE C HARGES AND
COMPLAINTS OF UNFAIR LABOR PRACTICES IN A SWIFT MANNER .
(D) FOR THE PURPOSES OF E XAMINATION AND THE R IGHT TO COPY, THE
BOARD AND THE DEPUTY DIRECTORS SHALL AT A LL REASONABLE TIMES HAVE
ACCESS TO EVIDENCE O F A PERSON BEING I NVESTIGATED OR PROCE EDED AGAINST
THAT RELATES TO A MA TTER UNDER INVESTIGA TION OR IN QUESTION UNDER THIS
SECTION.
(E) (1) IF THERE IS A CHARGE OF AN UNFAIR LABOR P RACTICE
RESULTING FROM A PAR TY’S CONDUCT IN COLLECT IVE BARGAINING AND T HAT IS
ALLEGED TO HA VE AN EFFECT ON THE COURSE OF COLLECTIVE BARGAINING:
(I) THE APPROPRIATE DEPU TY DIRECTOR SHALL DE TERMINE
WHETHER THERE IS PRO BABLE CAUSE FOR THE BOARD TO ISSUE A COMP LAINT;
(II) IF THE DEPUTY DIRECT OR DETERMINES THERE IS
PROBABLE CAUSE , THE BOARD SHALL ISSUE A COMPLA INT WITHIN 30 DAYS AFTER
THE FILING OF THE CH ARGE; AND
(III) IF A COMPLAINT IS IS SUED, THE BOARD SHALL RESOLVE
THE COMPLAINT AND IS SUE A FINAL DECISION WITHIN 90 DAYS AFTER THE FILIN G
OF THE CHARGE .
WES MOORE, Governor Ch. 114
– 41 –
(2) THE BOARD MAY ACCELERATE THE TIME TO RESOLVE C HARGES
AND COMPLAINTS IN EX IGENT CIRCUMSTANCES UNDER REGULATIONS AD OPTED BY
THE BOARD.
(F) (1) THE APPROPRIATE DEPUT Y DIRECTOR SHALL PROSECUTE ANY
CHARGE FOR WHICH THE BOARD HAS ISSUED A CO MPLAINT IN A HEARING BEFORE
PROVIDE RELEVANT INFORMATION GATHERED IN THE INVESTIGATION OF A CHARGE
OR COMPLAINT OF UNFA IR LABOR PRACTICES T O THE BOARD OR AND THE OFFICE
OF ADMINISTRATIVE HEARINGS.
(2) (G) THE CHARGING PARTY HA S THE RIGHT TO PARTI CIPATE IN
ANY HEARING BEFORE T HE BOARD OR THE OFFICE OF ADMINISTRATIVE
HEARINGS.
(G) (H) THE BOARD SHALL ACCEPT DO CUMENTS FILED BY E –MAIL.
21–308.
(A) IF A PERSON FAILS TO COMPLY WITH AN ORDER ISSUED BY THE BOARD,
A MEMBER OF THE BOARD MAY PETITION TH E CIRCUIT COURT TO O RDER THE
PERSON TO COMPLY WIT H THE BOARD’S ORDER.
(B) THE BOARD MAY NOT BE REQU IRED TO POST BOND IN AN ACTION
UNDER SUBSECTION (A) OF THIS SECTION.
21–309.
(A) THE BOARD IS NOT BOUND BY ANY PRIOR REGULATION , ORDER,
ACTION, OPINION, OR DECISION OR ACTION OF THE STATE LABOR RELATIONS
BOARD, THE PUBLIC SCHOOL LABOR RELATIONS BOARD, OR THE STATE HIGHER
EDUCATION LABOR RELATIONS BOARD, EXCEPT FOR DECISIONS REGARDING UNIT
COMPOSITION UNDER § 21–401(C) § 21–403(C) OF THIS TITLE.
(B) THE BOARD IS BOUND BY PRI OR OPINIONS AND DECI SIONS OF A LABOR
BOARD LISTED UNDER S UBSECTION (A) OF THIS SECTION.
(B) (C) A PRIOR ORDER , ACTION, OPINION, OR DECISION OR ACTION OF A
LABOR BOARD LISTED U NDER SUBS ECTION (A) OF THIS SECTION OR A NY OTHER
BODY MAY BE CONSIDER ED FOR ITS PERSUASIV E VALUE.
(C) (D) THE BOARD SHALL BE BOUND BY JUDICIAL ORDERS R EGARDING
THE SCOPE OF BARGAIN ING UNDER TITLE 6, SUBTITLES 4 AND 5 OF THE
EDUCATION ARTICLE.
Ch. 114 2023 LAWS OF MARYLAND
– 42 –
SUBTITLE 4. ELECTIONS AND CERTIFICATION OF EXCLUSIVE REPRESENTATIVES .
21–401.
(A) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, THE BOARD
SHALL CONDUCT AN ELE CTION FOR AN EXCLUSI VE REPRESENTATIVE OF A
BARGAINING UNIT IF :
(1) A VALID PETITION IS FILED IN ACCORDANCE WITH § 21–402 OF
THIS SUBTITLE; AND
(2) THE BARGAINING UNIT INVOLVED IN THE PETI TION IS
DETERMINED TO BE AN APPROPRIATE BARGAINI NG UNIT UNDER § 21–403 OF THIS
SUBTITLE.
(B) THE BOARD MAY NOT CONDUCT AN ELECTION FOR AN E XCLUSIVE
REPRESENTATIVE OF A BARGAINING UNIT IF THE BOARD HAS CONDUCTED A N
ELECTION OR CERTIFIE D AN EXCLUSIVE REPRE SENTATIVE FOR THAT B ARGAINING
UNIT WITHIN THE IMME DIATELY PRECEDING 12 MONTHS.
(C) (1) AN EXCLUSIVE REPRESEN TATIVE OR A BARGAINI NG UNIT IN
EXISTENCE ON JUNE 30, 2023:
(I) SHALL CONTINUE WITHO UT THE REQUIREMENT O F AN
ELECTION AND CERTIFI CATION UNTIL A QUEST ION CONCERNING REPRE SENTATION
IS RAISED UNDER THIS TITLE; OR
(II) UNTIL THE BOARD FINDS THE UNIT NOT TO BE
APPROPRIATE AFTER CH ALLENGE BY THE PUBLI C EMPLOYER , A MEMBER OF THE
UNIT, OR AN EMPLOYEE ORGAN IZATION.
(2) (I) THE APPROPRIATENESS O F THE UNIT MAY NOT B E
CHALLENGED UNTIL THE EXPIRATION OF ANY CO LLECTIVE BARGAINING
AGREEMENT IN EFFECT ON JUNE 30, 2023.
(II) THE BOARD MAY NOT MODIFY ANY BARGAINING UNIT
DETERMINED UNDER EXI STING LAW.
21–402.
(A) A PETITION FOR THE ELE CTION OF AN EXCLUSIV E REPRESENTATIVE OF
A BARGAINING UNIT MA Y BE FILED WITH THE BOARD BY:
WES MOORE, Governor Ch. 114
– 43 –
(1) AN EMPLOYEE ORGANIZA TION SEEKING CERTIFI CATION AS AN
EXCLUSIVE REPRESENTA TIVE; OR
(2) AN EMPLOYEE , A GROUP OF EMPLOYEES , OR AN EMPLOYEE
ORGANIZATION SEEKING A NEW ELECTION TO DE TERMINE AN EXCLUSIVE
REPRESENTATIVE .
(B) A PETITION SHALL :
(1) CONTAIN THE INFORMAT ION THE BOARD REQUIRES ; AND
(2) BE ACCOMPANIED BY A SHOWING OF INTEREST FORMS FROM 30%
OF THE EMPLOYEES IN THE APPROPRIATE UNIT INDICATING THEIR DES IRE TO BE
EXCLUSIVELY REPRESEN TED BY THE EXCLUSIVE REPRESENTATIVE NAMED IN THE
PETITION FOR THE PUR POSE OF COLLECTIVE B ARGAINING.
(C) IF THE BOARD DETERMINES THAT A REQUIRED SHOW ING OF INTEREST
IS NOT ADEQUATE , THE BOARD:
(1) SHALL ALLOW AT A MIN IMUM AN ADDITIONAL 30 DAYS FOR THE
PETITIONER TO SUBMIT ADDITIONAL SHOWING O F INTEREST FORMS AFT ER THE
PETITIONER IS NOTIFI ED OF THE DETERMINAT ION; AND
(2) MAY, FOR GOOD CAUSE , PROVIDE ADDITIONAL T IME TO THE
PETITIONER TO PROVID E ADDITIONAL FORMS .
(D) IF A PETITION IS SUPP ORTED BY MORE THAN 50% OF THE PUBLIC
EMPLOYEES IN THE BAR GAINING UNIT , THE PUBLIC EMPLOYER SHALL
IMMEDIATELY RECOGNIZ E THE EMPLOYEE ORGAN IZATION AS THE EXCLUSIVE
REPRESENTATIVE AND A FFORD TO THE EXCLUSI VE REPRESENTATIVE AN D ITS
MEMBERS ALL RIGHTS D UE UNDER THIS TITLE .
(E) (1) A PETITION FILED UNDER SUBSECTION (A) OF THIS SECTION
SHALL INCLUDE SHOWIN G OF INTEREST FORMS PROVIDED TO THE BOARD FROM AN
EMPLOYEE ORGANIZATIO N.
(2) THE BOARD SHALL ACCEPT A SHOWING OF INTEREST FORM
WHETHER OR NOT THE S IGNATURES ON THE FOR M ARE ELECTRONIC OR
HANDWRITTEN .
(3) (I) FOR AN ELECTION THAT IS CONDUCTED TO DETE RMINE
WHETHER AN EXCLUSIVE REPRESENTATIVE S HOULD REPRESENT A UN IT, A
SHOWING OF INTEREST FORM IS VALID IF THE SIGNATURES WERE COLL ECTED Ch. 114 2023 LAWS OF MARYLAND
– 44 –
WITHIN THE 18–MONTH PERIOD IMMEDIA TELY PRECEDING THE D ATE ON WHICH A
PETITION FOR THE ELE CTION IS FILED.
(II) FOR AN ELECTION THAT IS CONDUCTED TO DETE RMINE
WHETHER AN EXCLUSIVE R EPRESENTATIVE SHOULD NO LONGER REPRESENT A
UNIT, A SHOWING OF INTERES T FORM IS VALID IF T HE SIGNATURES WERE
COLLECTED WITHIN THE 90–DAY 9–MONTH PERIOD IMMEDIATELY P RECEDING THE
DATE ON WHICH THE PE TITION FOR ELECTION IS FILED.
(4) A SHOWING OF INTEREST FORM MAY BE USED BY A PUBLIC
EMPLOYEE FOR EACH PU BLIC EMPLOYER THAT E MPLOYS THE PUBLIC EM PLOYEE.
(F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A PUBLIC
EMPLOYER SHALL PROVI DE TO THE BOARD AND THE EMPLOYE E ORGANIZATION AN
ALPHABETICAL LIST OF PUBLI C EMPLOYEES IN EACH BARGAINING UNIT WITH IN 2
DAYS AFTER A PETITIO N FOR AN ELECTION IS FILED.
(2) THE LIST REQUIRED TO BE PROVIDED UNDER PA RAGRAPH (1) OF
THIS SUBSECTION SHAL L:
(I) INCLUDE FOR EACH PUB LIC EMPLOYEE ON THE PAYROLL
FOR THE LAST PAY PERI OD BEFORE A PETITION FOR ELECTION IS FILE D, THE
PUBLIC EMPLOYEE ’S:
1. NAME;
2. POSITION CLASSIFICAT ION;
3. HOME AND WORK SITE A DDRESSES WHERE THE
EMPLOYEE RECEIVES IN TEROFFICE OR UNITED STATES MAIL;
4. HOME AND WORK SITE TELEPHONE NUMBE RS;
5. PERSONAL CELL PHONE NUMBER; AND
6. WORK E–MAIL ADDRESS ; AND
(II) IDENTIFY EACH PUBLIC EMPLOYEE THAT SHOULD BE
EXCLUDED AS AN ELIGI BLE VOTER WITH A STA TEMENT EXPLAINING TH E REASON
FOR THE EXCLUSION .
(3) A PUBLIC EMPLOYER MAY NOT CHALLENGE THE EL IGIBILITY OF
A PUBLIC EMPLOYEE ’S VOTE IN AN ELECTIO N IF THE EMPLOYER FA ILS TO EXPLAIN WES MOORE, Governor Ch. 114
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AS REQUIRED UNDER PA RAGRAPH (2) OF THIS SUBSECTION T HE REASON FOR
EXCLUDING A PUBLIC E MPLOYEE UNDER THIS S UBSECTION.
(4) ON APPLICATION BY A PUBL IC EMPLOYER OR AN EM PLOYEE
ORGANIZATION , THE BOARD MAY DETERMINE T HAT A PUBLIC EMPLOYE R SHALL BE
DESIGNATED AS A JOIN T PUBLIC EMPLOYER OF A PUBLIC EMPLOYEE WI THIN A
BARGAINING UNIT UNDE R THIS SUBTITLE WHEN THE DESIGNATION WOUL D BEST
EFFECTUATE THE PURPOSES OF THIS TITLE.
21–403.
(A) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, TITLE 6,
SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, TITLE 16, SUBTITLE 7 OF THE
EDUCATION ARTICLE, OR TITLE 3 OF THE STATE PERSONNEL AND PENSIONS
ARTICLE, THE BOARD SHALL DETERMINE THE APPROPRIATENESS OF EACH
BARGAINING UNIT .
(2) IF THERE IS NO DISPUT E ABOUT THE APPROPRI ATENESS OF THE
ESTABLISHMENT OF THE BARGAINING UNIT , THE BOARD SHALL ISSUE AN ORDER
DEFINING AN APPROPRI ATE BARGAINING UNIT .
(3) IF THERE IS A DISPUTE ABOUT T HE APPROPRIATENESS O F THE
ESTABLISHMENT OF THE BARGAINING UNIT , THE BOARD SHALL:
(I) CONDUCT A HEARING ; AND
(II) ISSUE AN ORDER DEFIN ING AN APPROPRIATE B ARGAINING
UNIT.
(B) IF THE APPROPRIATE BA RGAINING UNIT AS DET ERMINED BY THE
BOARD DIFFERS FROM TH E BARGAINING UNIT DE SCRIBED IN THE PETIT ION, THE
BOARD MAY:
(1) DISMISS THE PETITION ; OR
(2) DIRECT AN ELECTION I N THE APPROPRIATE BA RGAINING UNIT IF
AT LEAST 30% OF THE SIGNATURES IN CLUDED IN THE PETITI ON ARE OF EMPLOYEES
IN THE APPROPRIATE BARG AINING UNIT.
(C) A BARGAINING UNIT MAY CONSIST ONLY OF PUBL IC EMPLOYEES.
21–404.
Ch. 114 2023 LAWS OF MARYLAND
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EACH EMPLOYEE ORGANIZ ATION THAT SEEKS CER TIFICATION AS AN
EXCLUSIVE REPRESENTA TIVE SHALL FILE WITH THE BOARD:
(1) A COPY OF THE EMPLOY EE ORGANIZATION ’S GOVERNING
DOCUMENTS THAT :
(I) GIVE INDIVIDUAL MEMB ERS THE RIGHT TO PAR TICIPATE IN
ACTIVITIES OF THE OR GANIZATION;
(II) REQUIRE PERIODIC ELE CTIONS BY SECRET BAL LOT THAT
ARE CONDUCTED WITH R ECOGNIZED SAFEGUARDS TO ENSURE THE EQUAL RIGHTS
OF ALL MEMBERS TO NO MINATE, SEEK OFFICE, AND VOTE IN THE ELEC TIONS; AND
(III) DIRECT FULL AND ACCU RATE ACCOUNTING OF A LL INCOME
AND EXPENSES USING S TANDARD ACCOUNTING M ETHODS; AND
(2) A CERTIFICATION THAT THE EMPLOYEE ORGANIZ ATION ACCEPTS
MEMBERS WITHOUT REGARD TO AN Y CHARACTERISTIC LIS TED IN § 21–201(D) OF
THIS TITLE.
21–405.
(A) (1) WITHIN 5 DAYS AFTER DETERMINI NG THAT A VALID PETI TION HAS
BEEN SUBMITTED UNDER § 21–402 OF THIS SUBTITLE , THE BOARD SHALL NOTIFY
INTERESTED EMPLOYEE ORGANIZATIONS OF THE PENDING ELECT ION PETITION.
(2) WITHIN 10 DAYS AFTER DETERMINI NG THAT A VALID PETI TION
HAS BEEN SUBMITTED U NDER § 21–402 OF THIS SUBTITLE, THE PUBLIC EMPLOYER ,
AS APPROPRIATE , SHALL MAKE AVAILABLE TO ALL INTERESTED EM PLOYEE
ORGANIZATIONS REASON ABLE AND EQUIVALENT ME ANS TO COMMUNICATE B Y MAIL
AND IN PERSON WITH E ACH EMPLOYEE IN THE APPROPRIATE BARGAINI NG UNIT FOR
THE PURPOSE OF SOLIC ITING THE EMPLOYEE ’S VOTE IN AN ELECTIO N HELD UNDER
THIS SECTION.
(B) AN ELECTION SHALL BE HELD IN A BARGAINING UNIT WITHIN 90 DAYS
AFTER THE FILING OF A VALID PETITION FOR ELECTION IN THE BARG AINING UNIT
IN ACCORDANCE WITH G UIDELINES ESTABLISHE D BY THE BOARD.
(C) (1) (I) THE BOARD SHALL CONDUCT T HE ELECTION:
1. BY SECRET BALLOT ; AND
WES MOORE, Governor Ch. 114
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2. SUBJECT TO SUBPARAGRAPH (II) OF THIS
PARAGRAPH , IN WHOLE OR IN PART BY IN–PERSON VOTING , MAIL, OR AN
ELECTRONIC VOTING SY STEM.
(II) THE BOARD MAY DESIGNATE T HE TIME PERIOD FOR
IN–PERSON VOTING UNDER SUBPARAGRAPH (III) OF THIS PARAGRAPH ON LY AFTER
CONSULTING WITH THE PUBLIC EMPLOYER AND EMPLOYEE ORGANIZ ATIONS ON THE
BALLOT.
(III) 1. THE BOARD SHALL ALLOW AT LEAST 10 DAYS OF
VOTING FOR AN ELECTI ON CONDUCTED UNDER S UBPARAGRAPH (I) OF THIS
PARAGRAPH , UNLESS AN EMPLOYEE O RGANIZATION ON THE B ALLOT REQUESTS AN
EXTENSION.
2. IF THE VOTING SYSTEM IS INOPERABLE, THE BOARD
MAY EXTEND THE TIME PERIOD FOR VOTING .
(2) (I) AN EMPLOYEE ORGANIZAT ION ON A BALLOT MAY REQUEST
A PREFERRED METHOD O F VOTING AT THE TIME A PETITION FOR ELECT ION IS FILED
WITH THE BOARD.
(II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS
PARAGRAPH , THE BOARD SHALL DESIGNATE THE METHOD OF VOTING BASED ON
THE REQUESTS OF THE EMPLOYEE ORGANIZATIO NS ON THE BALLOT .
(III) IF THERE IS A DISPUTE BETWEEN TWO OR MORE EMPLOYEE
ORGANIZATIONS ON TH E BALLOT OVER THE ME THOD OF VOTING , THE BOARD MAY
DESIGNATE THE METHOD OF VOTING.
(3) THE BOARD SHALL PLACE THE FOLLOWING CHOICES ON THE
BALLOT:
(I) THE NAME OF THE EXCL USIVE REPRESENTATIVE , IF ANY;
(II) THE NAME OF THE EMPL OYEE ORGANIZATION DE SIGNATED
IN THE PETITION FILE D UNDER § 21–402 OF THIS SUBTITLE WIT H RESPECT TO AN
APPROPRIATE BARGAINI NG UNIT;
(III) THE NAME OF EACH EMP LOYEE ORGANIZATION
DESIGNATED IN A PETI TION FILED WITH THE BOARD, WITHIN 15 DAYS OF NOTICE OF
THE PENDING ELECTION PETITION, THAT INCLUDES THE SI GNATURES OF AT LEAST
10% OF THE EMPLOYEES IN THE APPROPRIATE BARG AINING UNIT; AND
(IV) A PROVISION FOR “NO EXCLUSIVE REPRESE NTATIVE”. Ch. 114 2023 LAWS OF MARYLAND
– 48 –
(D) IF NONE OF THE CHOICE S ON A BALLOT RECEIV ES A MAJORITY OF THE
VOTES CAST IN AN ELE CTION, THE BOARD SHALL CONDUCT A RUNOFF ELECTION
BETWEEN THE CHOICES THAT RECEIVED THE TW O HIGHEST NUMBER OF VOTES IN
THE ELECTION .
21–406.
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , THE
BOARD SHALL CERTIFY A S EXCLUSIVE REPRESEN TATIVE THE EMPLOYEE
ORGANIZATION RECEIVI NG THE VOTES IN AN E LECTION FROM A MAJOR ITY OF THE
EMPLOYEES VOTING IN THE ELECTION .
(B) AFTER NOTICE AND AN O PPORTUNITY FOR A HEA RING, THE BOARD MAY
DENY OR REVOKE CERTI FICATION AS EXCLUSIV E REPRESENTATIVE OF AN
EMPLOYEE ORG ANIZATION FOR WILLFU L FAILURE TO COMPLY WITH THIS TITLE.
(C) NOTWITHSTANDING ANY O THER PROVISION OF TH IS SUBTITLE, THE
BOARD SHALL CERTIFY T HE EMPLOYEE ORGANIZA TION AS THE EXCLUSIV E
REPRESENTATIVE WITHO UT AN ELECTION IF :
(1) A PETITION FOR AN EXCLUSIVE REPRESENTA TIVE HAS BEEN
FILED FOR A BARGAINI NG UNIT;
(2) THE BOARD FINDS THAT A MA JORITY OF THE EMPLOY EES IN THE
BARGAINING UNIT HAVE SIGNED VALID AUTHORI ZATIONS DESIGNATING THE
EMPLOYEE ORGANIZATIO N AS THEIR EXCLUSIVE REPRESENTATIVE ; AND
(3) NO OTHER EMPLOYEE OR GANIZATION IS CURREN TLY CERTIFIED
OR RECOGNIZED AS THE EXCLUSIVE REPRESENTA TIVE OF THE BARGAINI NG UNIT.
21–407.
NAMES OR LISTS OF EMP LOYEES PROVIDED TO T HE BOARD IN CONNECTION
WITH AN ELECTION UND ER THIS SUBTITLE ARE NOT SUBJECT T O DISCLOSURE IN
ACCORDANCE WITH TITLE 4 OF THE GENERAL PROVISIONS ARTICLE.
SUBTITLE 5. COLLECTIVE BARGAINING.
21–501.
(A) REPRESENTATIVES OF PU BLIC EMPLOYERS AND E XCLUSIVE
REPRESENTATIVES SHAL L MEET AT REASONABLE TIMES AND ENGAGE IN WES MOORE, Governor Ch. 114
– 49 –
COLLECTIVE BARGAINI NG IN GOOD FAITH AND TO CONCLUDE A WRITTE N
MEMORANDUM OF UNDERS TANDING OR OTHER NEG OTIATED AGREEMENT IN
ACCORDANCE WITH TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, TITLE
16, SUBTITLE 7 OF THE EDUCATION ARTICLE, OR TITLE 3 OF THE STATE
PERSONNEL AND PENSIONS ARTICLE.
(B) EACH NEGOTIATED AGREE MENT BETWEEN A PUBLI C EMPLOYER AND
AN EXCLUSIVE REPRESE NTATIVE SHALL CONTAI N A PROCEDURE BY WHI CH A
DISPUTE REGARDING TH E TERMS AND APPLICAT IONS OF THE NEGOTIAT ED
AGREEMENT MAY BE RES OLVED BY AN IMPARTIA L ARBITER IN A PROCEEDING
WHICH BINDS BOTH THE PUBLIC EMPLOYER AND THE EMPLOYEE ORGANIZ ATION TO
THE RESULT.
21–502.
(A) THIS SECTION APPLIES TO EMPLOYEE ORGANIZA TIONS EXCLUSIVE
REPRESENTATIVES THAT REPRESENT PUBLI C EMPLOYEES ENTITLED TO USE THE
GRIEVANCE AND APPEAL PROCEDURES ES TABLISHED UNDER :
(1) TITLES 11 AND 12 OF THE STATE PERSONNEL AND PENSIONS
ARTICLE;
(2) TITLE 13, SUBTITLE 2 OF THE EDUCATION ARTICLE;
(3) § 14–302, § 14–408, OR § 16–510 OF THE EDUCATION ARTICLE; OR
(4) § 2–103.4(D) OF THE TRANSPORTATION ARTICLE.
(B) IF MEMBERS OF AN EMPL OYEE ORGANIZATION REPRESENTATIVE
REPRESENTS PUBLIC EM PLOYEES WHO ARE ENTITLED TO RAIS E GRIEVANCES OF
PUBLIC EMPLOYER ACTI ONS UNDER THE GRIEVA NCE AND APPEAL PROCE DURES
ESTABLISHED UNDER A PROVISION OF L AW LISTED UNDER SUBS ECTION (A) OF THIS
SECTION, THE GRIEVANCE AND AP PEAL PROCEDURES SHAL L SERVE AS THE
PROCEDURE FOR THE RE SOLUTION OF DISPUTES REGARDING THE TERMS AND
APPLICATION OF MEMOR ANDA OF UNDERSTANDIN G, NEGOTIATED AGREEMENT S,
OR OTHER FINAL WRITT EN AGREEMENTS , TO WHICH EMPLOYEE ORGANIZATIONS
ARE THE EXCLUSIVE REPRES ENTATIVE IS A PARTY.
(C) AN EXCLUSIVE REPRESEN TATIVE MAY GRIEVE AL LEGED VIOLATIONS
OF A MEMORANDUM OF U NDERSTANDING , NEGOTIATED AGREEMENT , OR OTHER
FINAL WRITTEN AGREEM ENT, AS THE REAL PARTY IN INTEREST UN DER A
GRIEVANCE PROCEDURE ESTABLISHED UNDER A PROVISION OF LAW LIS TED UNDER
SUBSECTION (A) OF THIS SECTION.
Ch. 114 2023 LAWS OF MARYLAND
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(D) THE OFFICE OF ADMINISTRATIVE HEARINGS SHALL HAVE
JURISDICTION TO RESO LVE ANY DISPUTE REGA RDING A MEMORANDUM O F
UNDERSTANDI NG, NEGOTIATED AGREEMENT , OR OTHER FINAL WRITT EN
AGREEMENT , WHEN GRIEVED THROUGH A GRIEVANCE PROCEDUR E CITED IN
SUBSECTION (A) OF THIS SECTION.
SUBTITLE 6. SHORT TITLE.
21–601.
THIS TITLE MAY BE CIT ED AS THE MARYLAND PUBLIC EMPLOYEE RELATIONS
ACT.
Article – State Personnel and Pensions
3–101.
(a) In this title the following words have the meanings indicated.
(b) “Board” means[:
(1) with regard to any matter relating to employees of any of the units of
State government described in § 3–102(a)(1)(i) through (iv) and (vi) through (xii) of this
subtitle and employees described in § 3–102(a)(2) and (3) of this subtitle, the State Labor
Relations Board; and
(2) with regard to any matter relating to employees of any State institution
of higher education described in § 3–102(a)(1)(v) of this subtitle, the State Higher Education
Labor Relations Board] THE PUBLIC EMPLOYEE RELATIONS BOARD.
(c) “Chancellor” has the meaning stated in § 12–101 of the Education Article.
(d) “Collective bargaining” means:
(1) good faith negotiations by authorized representatives of employees and
their employer with the intention of:
(i) 1. reaching an agreement about wages, hours, and other
terms and conditions of employment; and
2. incorporating the terms of the agreement in a written
memorandum of understanding or other written understanding; or
(ii) clarifying terms and conditions of employment;
WES MOORE, Governor Ch. 114
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(2) administration of terms and conditions of employment; or
(3) the voluntary adjustment of a dispute or disagreement between
authorized representatives of employees and their employer that arises under a
memorandum of understanding or other written understanding.
(e) “Employee organization” [means a labor or other organization in which State
employees participate and that has as one of its primary purposes representing employees]
HAS THE MEANING STAT ED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE.
(f) “Exclusive representative” [means an employee organization that has been
certified by the Board as an exclusive representative under Subtitle 4 of this title] HAS THE
MEANING STATED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE.
(g) (1) “Faculty at the Maryland School for the Deaf” means employees who
have been granted the following status by the Board of Trustees of the Maryland School for
the Deaf:
(i) after–school program counselors;
(ii) American Sign Language specialists;
(iii) athletic trainers;
(iv) behavior specialists;
(v) clerical aides;
(vi) dorm counselors;
(vii) employment specialists;
(viii) instructional technology resource specialists;
(ix) librarians;
(x) literacy and reading specialists;
(xi) occupational therapists;
(xii) orientation and mobility specialists;
(xiii) physical therapists;
(xiv) school counselors;
Ch. 114 2023 LAWS OF MARYLAND
– 52 –
(xv) school IEP coordinators;
(xvi) school nurses;
(xvii) school social workers;
(xviii) speech–language pathologists;
(xix) student support specialists;
(xx) teachers;
(xxi) teacher aides;
(xxii) transition coordinators; and
(xxiii) work–to–learn specialists.
(2) “Faculty at the Maryland School for the Deaf” does not include officers
or supervisory employees at the Maryland School for the Deaf.
(h) “President” means:
(1) with regard to a constituent institution, as defined in § 12–101 of the
Education Article, the president of the constituent institution;
(2) with regard to a center or institute, as those terms are defined in §
12–101 of the Education Article, the president of the center or institute;
(3) with regard to the University System of Maryland Office, the
Chancellor of the University System of Maryland; and
(4) with regard to Morgan State University, St. Mary’s College of
Maryland, and Baltimore City Community College, the president of the institution.
(i) “System institution” means:
(1) a constituent institution, as defined in § 12–101 of the Education
Article;
(2) a center or institute, as those terms are defined in § 12–101 of the
Education Article; and
(3) the University System of Maryland Office.
3–102. WES MOORE, Governor Ch. 114
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(C) EMPLOYEES, EMPLOYERS , AND EXCLUSIVE REPRES ENTATIVES
SUBJECT TO THIS TITL E ARE SUBJECT TO THE P ROVISIONS OF TITLE 21 OF THE
STATE GOVERNMENT ARTICLE.
(D) (1) SUBJECT TO TITLE 21, SUBTITLE 4 OF THE STATE GOVERNMENT
ARTICLE, A BARGAINING UNIT SH ALL CONSIST ONLY OF EMPLOYEES DEFINED IN
REGULATIONS ADOPTED BY THE SECRETARY AND NOT SPE CIFICALLY EXCLUDED B Y
SUBSECTION (B) OF THIS SECTION.
(2) (I) EACH SYSTEM INSTITUTI ON, MORGAN STATE UNIVERSITY,
ST. MARY’S COLLEGE OF MARYLAND, AND BALTIMORE CITY COMMUNITY COLLEGE
SHALL HAVE SEPARATE BARGAINING UNITS .
(II) APPROPRIATE BARGAININ G UNITS SHALL CONSIS T OF:
1. ALL ELIGIBLE NONEXEM PT EMPLOYEES , AS
DESCRIBED IN THE FED ERAL FAIR LABOR STANDARDS ACT, EXCEPT ELIGIBLE
SWORN POLICE OFFICER S;
2. ALL ELIGIBLE EXEMPT EMPLOYEES, AS DESCRIBED IN
THE FEDERAL FAIR LABOR STANDARDS ACT; AND
3. ALL ELIGIBLE SWORN P OLICE OFFICERS .
(3) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH , THE SECRETARY OR THE SECRETARY’S DESIGNEE SHALL HAV E THE
AUTHORITY TO ASSIGN CLASSIFICATION TITLE S AND POSITIONS TO B ARGAINING
UNITS AS APPROPRIATE .
(II) THE FOLLOWING INDIVID UALS AND ENTITIES SH ALL
ASSIGN CLASSIFICATIO N TITLES AND POSITIO NS TO BARGAINING UNITS AT THE
FOLLOWING INSTITUTIO NS:
1. AT A SYSTEM INSTITUT ION, THE PRESIDENT OF THE
SYSTEM INSTITUTION ; AND
2. AT MORGAN STATE UNIVERSITY, ST. MARY’S
COLLEGE OF MARYLAND, OR BALTIMORE CITY COMMUNITY COLLEGE, THE
GOVERNING BOARD O F THE INSTITUTION .
(4) NOTWITHSTANDING ANY O THER PROVISION OF LA W:
Ch. 114 2023 LAWS OF MARYLAND
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(I) MARYLAND TRANSPORTATION AUTHORITY POLICE
OFFICERS AT THE RANK OF FIRST SERGEANT AN D BELOW SHALL HAVE A SEPARATE
BARGAINING UNIT ; AND
(II) FACULTY AT THE MARYLAND SCHOOL FOR T HE DEAF
SHALL HAVE A SEPARAT E BARGAINING UNIT .
3–501.
(e) (1) [Negotiations] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, NEGOTIATIONS for a memorandum of understanding shall be considered
closed sessions under § 3–305 of the General Provisions Article.
(2) AN EXCLUSIVE REPRESEN TATIVE MAY NOT BE CO NSIDERED A
PUBLIC BODY UNDER § 3–101 OF THE GENERAL PROVISIONS ARTICLE.
3–502.
(a) Collective bargaining shall include all matters relating to:
(1) wages, hours, and other terms and conditions of employment; and
(2) the time and manner of access to a new employee program [as required
under § 3–307 of this title] IN ACCORDANCE WITH § 21–207 OF THE STATE
GOVERNMENT ARTICLE.
(b) [(1) Collective bargaining may include negotiations relating to the right of
an employee organization to receive service fees from nonmembers.
(2) An employee whose religious beliefs are opposed to joining or financially
supporting any collective bargaining organization is:
(i) not required to pay a service fee; and
(ii) required to pay an amount of money as determined in collective
bargaining negotiations, not to exceed any service fee negotiated under paragraph (1) of
this subsection, to any charitable organization exempt from taxation under § 501(c)(3) of
the Internal Revenue Code and to furnish written proof of the payment to:
1. A. the Department;
B. in the case of an employee of the Maryland Environmental
Service, the Board of Directors of the Service; or
WES MOORE, Governor Ch. 114
– 55 –
C. in the case of an employee of an institution of higher
education specified in § 3–102(a)(1)(v) of this title, the President of the institution or the
President’s designee; and
2. the exclusive representative.
(c)] Notwithstanding subsection (a) of this section, the representatives of the
State, the Maryland Environmental Service, a system institution, Morgan State
University, St. Mary’s College of Maryland, and Baltimore City Community College:
(1) [shall] MAY not be required to negotiate over any matter that is
inconsistent with applicable law; and
(2) may negotiate and reach agreement with regard to any such matter
only if it is understood that the agreement with respect to such matter cannot become
effective unless the applicable law is amended by the General Assembly.
SECTION 5. AND BE IT FURTHER ENACTED, That the terms of the members of
the Public Employee Relations Board shall expire as follows:
(1) one member appointed under § 21–302(a)(2) of the State Government
Article, as enacted by Section 3 of this Act, and one member appointed under § 21–302(a)(3)
of the State Government Article, as enacted by Section 3 of this Act, on June 30, 2025;
(2) one member appointed under § 21–302(a)(2) of the State Government
Article, as enacted by Section 3 of this Act, and one member appointed under § 21–302(a)(3)
of the State Government Article, as enacted by Section 3 of this Act, on June 30, 2029; and
(3) the chair appointed under § 21–302(a)(1) of the State Government
Article, as enacted by Section 4 of this Act, on June 30, 2027.
SECTION 6. AND BE IT FURTHER ENACTED, That:
(a) The Public Employee Relations Board shall be the successor to the State Labor
Relations Board, State Higher Education Labor Relations Board, and Public School Labor
Relations Board, and shall have all powers and duties granted by law to those boards.
(b) Any investigation, litigation, or other action pending before the State Labor
Relations Board, State Higher Education Labor Relations Board, and Public School Labor
Relations Board on June 30, 2023 shall continue before the Public Employee Relations
Board.
SECTION 7. AND BE IT FURTHER ENACTED, That, if any provision of this Act or
the application thereof to any person or circumstance is held invalid for any reason in a
court of competent jurisdiction, the invalidity does not affect other provisions or any other Ch. 114 2023 LAWS OF MARYLAND
– 56 –
application of this Act that can be given effect without the invalid provision or application,
and for this purpose the provisions of this Act are declared severable.
SECTION 8. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2023.
Approved by the Governor, April 24, 2023.