EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0352*
SENATE BILL 352
F5 3lr1902
CF HB 65
By: Senators King, Augustine, Guzzone, Jackson, Klausmeier, Kramer, Muse, and
Salling
Introduced and read first time: January 30, 2023
Assigned to: Finance and Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Education – Public Libraries – Collective Bargaining 2
FOR the purpose of authorizing employees of certain public libraries to form, join, and 3
participate in an employee organization and engage in certain other activities related 4
to collective bargaining; requiring certain employers and certified exclusive 5
representatives to engage in good faith bargaining; establishing a collective 6
bargaining process for employees of certain public libraries; establishing a process 7
for resolving impasses during collective bargaining; prohibiting employers and 8
employee organizations from engaging in certain actions regarding the exercise of an 9
employee’s rights under this Act; prohibiting employees and employee organizations 10
from engaging in certain actions related to strikes, work stoppages, boycotts, and 11
lockouts; and generally relating to collective bargaining for employees of public 12
libraries. 13
BY repealing 14
Article – Education 15
Section 23–601 through 23–614 and the subtitle “Subtitle 6. Howard County Library 16
System – Collective Bargaining” 17
Annotated Code of Maryland 18
(2022 Replacement Volume) 19
BY adding to 20
Article – Education 21
Section 23–901 through 23–912 to be under the new subtitle “Subtitle 9. Public 22
Libraries – Collective Bargaining” 23
Annotated Code of Maryland 24
(2022 Replacement Volume) 25
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
That Section(s) 23–601 through 23–614 and the subtitle “Subtitle 6. Howard County 27 2 SENATE BILL 352
Library System – Collective Bargaining” of Article – Education of the Annotated Code of 1
Maryland be repealed. 2
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 3
as follows: 4
Article – Education 5
SUBTITLE 9. PUBLIC LIBRARIES – COLLECTIVE BARGAINING. 6
23–901. 7
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 8
INDICATED. 9
(B) “BOARD” MEANS THE BOARD OF T RUSTEES FOR A PUBLIC LIBRARY 10
SYSTEM, WHERE APPLICABLE . 11
(C) “CERTIFIED EXCLUSIVE REPRESENTATIVE ” MEANS THE EMPLOYEE 12
ORGANIZATION THAT HA S BEEN CERTIFIED AS THE COLLECTIVE BARGA INING 13
AGENT FOR A BARGAINI NG UNIT. 14
(D) “CONFIDENTIAL EMPLOYEE ” MEANS AN EMPLOYEE WH O: 15
(1) HAS ACCESS TO CONFIDE NTIAL INFORMATION , INCLUDING 16
BUDGETARY AND FI SCAL DATA, SUBJECT TO USE BY TH E EMPLOYER IN COLLEC TIVE 17
BARGAINING OR IN THE ADJUDICATION OF GRIE VANCES; OR 18
(2) WORKS IN A CLOSE AND CONTINUING CONFIDENT IAL RELATION 19
ASSISTING OR AIDING A MANAGEMENT EMPLOYE E. 20
(E) “DIRECTOR” MEANS THE DIRECTOR , CHIEF EXECUTIVE OFFICER , OR 21
CHIEF OFFICER OF THE APPLICABLE PUBLIC LI BRARY SYSTEM , OR THE DESIGNEE 22
OF THE DIRECTOR , CHIEF EXECUTIVE OFFI CER, OR CHIEF OFFICER . 23
(F) (1) “EMPLOYEE” MEANS A FULL–TIME OR PART–TIME EMPLOYEE OF 24
A PUBLIC LIBRARY SYS TEM. 25
(2) “EMPLOYEE” DOES NOT INCLUDE A C ONFIDENTIAL EMPLOYEE , 26
MANAGEMENT EMPLOYEE , OR SUPERVISORY EMPLO YEE. 27
(G) “EMPLOYEE ORGANIZATION ” MEANS AN ORGANIZATIO N THAT ADMITS 28
EMPLOYEES OF THE EMP LOYER AS MEMBERS AND HAS AS A PRIMARY PUR POSE THE 29
REPRESENTATION OF TH E EMPLOYEES IN THEIR RELATIONS W ITH THE EMPLOYER . 30 SENATE BILL 352 3
(H) “EMPLOYER” MEANS A PUBLIC LIBRA RY SYSTEM AND ITS BO ARD. 1
(I) “GOVERNING BODY ” MEANS: 2
(1) (I) FOR A CHARTER COUNTY THAT DOES NOT HAVE A N 3
ELECTED CHIEF EXECUT IVE OFFICER, THE COUNTY COUNCIL ; OR 4
(II) FOR A CHARTER COUNTY THAT HAS AN ELECTED CHIEF 5
EXECUTIVE OFFICER , THE COUNTY COUNCIL O R THE COUNTY COUNCIL AND THE 6
COUNTY EXECUTIVE , AS PROVIDED BY THE C OUNTY CHARTER ; OR 7
(2) FOR A CODE OR COMMISS ION COUNTY , THE COUNTY 8
COMMISSIONERS . 9
(J) “MANAGEMENT EMPLO YEE” MEANS AN EMPLOYEE WH O GENERALLY 10
HAS AUTHORITY AND WH O: 11
(1) FORMULATES POLICY THA T IS APPLICABLE THRO UGHOUT A 12
BARGAINING UNIT ; 13
(2) HAS A SIGNIFICANT ROL E IN PERSONNEL ADMIN ISTRATION, 14
EMPLOYEE RELATIONS , OR THE PREPARATION A ND ADMINISTRATION OF BUDGETS 15
FOR THE EMPLOYER ; OR 16
(3) MAY REASONABLY BE REQ UIRED TO: 17
(I) ASSIST DIRECTLY IN TH E PREPARATION FOR AN D CONDUCT 18
OF COLLECTIVE B ARGAINING NEGOTIATIO NS ON BEHALF OF THE EMPLOYER; OR 19
(II) HAVE A MAJOR ROLE IN THE ADMINISTRATION O F 20
RESULTING COLLECTIVE BARGAINING AGREEMENT S. 21
(K) (1) “PUBLIC LIBRARY SYSTEM ” MEANS A COUNTY PUBLI C LIBRARY 22
SYSTEM. 23
(2) “PUBLIC LIBRARY SYSTEM ” DOES NOT INCLUDE: 24
(I) THE PUBLIC LIBRARY SY STEM OF BALTIMORE COUNTY, 25
MONTGOMERY COUNTY, OR PRINCE GEORGE’S COUNTY; OR 26
(II) THE ENOCH PRATT FREE LIBRARY. 27
4 SENATE BILL 352
(L) “SUPERVISORY EMPLOYEE ” MEANS AN EMPLOYEE WH O IS AUTHORIZED 1
TO: 2
(1) HIRE, TRANSFER, SUSPEND, LAY OFF, RECALL, PROMOTE, 3
DISCHARGE, ASSIGN, REWARD, OR DISCIPLINE EMPLOY EES; 4
(2) RESPONSIBLY DIRECT EM PLOYEES FOR MORE THA N 50% OF THE 5
EMPLOYEE’S WORKING HOURS ; OR 6
(3) ADDRESS AND RESOLVE T HE GRIEVANCES OF EMP LOYEES. 7
23–902. 8
(A) AN EMPLOYEE WHO MAY EFFECTIVELY RECOMMEND AN ACTION LISTED 9
IN § 23–901(L) OF THIS SUBTITLE MAY BE DEEMED A SUPERVIS ORY EMPLOYEE IF 10
THE EMPLOYEE ’S EXERCISE OF THE AU THORITY REQUIRES THE EXERCISE OF 11
INDEPENDENT JUDGMENT AND IS NOT MERELY OF A ROUTINE OR CLERICA L 12
NATURE. 13
(B) THE EXERCISE OF ANY S INGLE FUNCTION LISTE D IN § 23–901(L) OF 14
THIS SUBTITLE MAY NO T NECESSARILY REQUIR E THE CONCLUSION THA T THE 15
INDIVIDUAL EXERCISIN G THAT FUNCTION IS I N FACT A SUPERVISORY EMPLOYEE 16
WITHIN THE MEANING O F THE DEFINITION . 17
(C) IN DIFF ERENTIATING A SUPERV ISORY EMPLOYEE FROM A 18
NONSUPERVISORY EMPLO YEE: 19
(1) A CLASS TITLE ALONE MA Y NOT BE THE BASIS F OR 20
DETERMINATION ; AND 21
(2) THE NATURE OF THE SUP ERVISORY EMPLOYEE ’S WORK, 22
INCLUDING WHETHER A SIGNIFICANT PORTION OF THE SUPERVISORY E MPLOYEE’S 23
WORKING TIME IS SPEN T AS PART OF A TEAM THAT INCLUDES NONSUP ERVISORY 24
EMPLOYEES SHALL BE C ONSIDERED. 25
23–903. 26
EMPLOYEES OF THE EMPL OYER MAY: 27
(1) FORM, JOIN, AND PARTICIPATE IN A N EMPLOYEE ORGANIZAT ION; 28
(2) BARGAIN COLLECTIVELY THROUGH A CERTIF IED EXCLUSIVE 29
REPRESENTATIVE OF TH EIR CHOICE; 30 SENATE BILL 352 5
(3) ENGAGE IN LAWFUL CONC ERTED ACTIVITIES FOR THEIR MUTUAL 1
AID AND PROTECTION ; AND 2
(4) REFRAIN FROM ANY ACTI VITY COVERED UNDER I TEMS (1) 3
THROUGH (3) OF THIS SECTION. 4
23–904. 5
(A) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE RE PRESENTATIVE 6
HAVE A RESPONSIBILIT Y TO ENGAGE IN GOOD FAITH BARGAINING OVE R MATTERS 7
REQUIRED BY LAW . 8
(B) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE 9
JOINTLY SHALL BE RES PONSIBLE FOR FOSTERI NG A POSITIVE LABOR RELATIONS 10
ENVIRONMENT BASED ON MUTUAL TRUST , RESPECT, COMMUNICATION , AND 11
COOPERATION . 12
(C) THE GOAL OF COLLECTIV E BARGAINING IS THE DELIVERY OF QUALITY 13
PUBLIC SERVICES TO T HE RESIDENTS OF THE STATE IN A MANNER THA T IS 14
CONSISTENT AND COMPL IANT WITH LAW. 15
23–905. 16
(A) THE EMPLOYER SHALL RE COGNIZE THE RIGHT OF THE CERTIFIED 17
EXCLUSIVE REPRESENTA TIVE TO REPRESENT TH E EMPLOYEES IN THE U NIT IN 18
COLLECTIVE BARGAININ G AND IN THE GRIEVAN CE PROCESS. 19
(B) THE CERTIFIED EXCLUSI VE REPRESENTATIVE OF A UNIT SHALL: 20
(1) SERVE AS THE SOLE AGENT FOR T HE UNIT IN COLLECTIV E 21
BARGAINING; AND 22
(2) REPRESENT ALL EMPLOYE ES IN THE UNIT FAIRL Y AND IN GOOD 23
FAITH, IN A MANNER THAT IS NOT ARBITRARY OR DIS CRIMINATORY . 24
23–906. 25
(A) (1) AN EMPLOYEE ORGANIZAT ION SEEKING CERTIFIC ATION AS THE 26
EXCLUSIVE REPRESENTATIV E FOR THE BARGAINING UNIT OF EMPLOYEES MA Y FILE 27
A PETITION WITH THE DIRECTOR INDICATING THIS INTENT. 28
6 SENATE BILL 352
(2) THE PETITION MAY BE F ILED ONLY IN THE MON TH OF 1
SEPTEMBER. 2
(3) THE PETITION SHALL CO NTAIN: 3
(I) A REQUEST THAT THE BOA RD RECOGNIZE THE EMPLOY EE 4
ORGANIZATION AS THE EXCLUSIVE REPRESENTA TIVE OF THE EMPLOYEE S IN THE 5
BARGAINING UNIT ; 6
(II) A STATEMENT THAT THE E MPLOYEE ORGANIZATION IS ONE 7
IN WHICH EMPLOYEES P ARTICIPATE AND THAT HAS AS ONE OF ITS PU RPOSES THE 8
REPRESENTATION OF PUBLIC EMPLOYEES IN MATTERS OF WAGES , HOURS, AND 9
OTHER TERMS AND COND ITIONS OF EMPLOYMENT ; 10
(III) A STATEMENT THAT THE E MPLOYEE ORGANIZATION HAS NO 11
TERMS OR CONDITIONS OF MEMBERSHIP THAT D ISCRIMINATE WITH REG ARD TO 12
RACE, COLOR, CREED, GENDER, AGE, POLITICAL AFFILIATIO N, NATIONAL ORIGIN , 13
RELIGION, MARITAL STATUS , OR DISABILITY; AND 14
(IV) A STATEMENT THAT THE E MPLOYEE ORGANIZATION HAS IN 15
ITS POSSESSION WRITT EN PROOF DATED NOT M ORE THAN 12 MONTHS BEFORE THE 16
DAY ON WHICH THE PET ITION IS FILED ESTAB LISHING THAT AT LEAST 30% OF THE 17
EMPLOYEES IN THE BAR GAINING UNIT HAVE DE SIGNATED THE EMPLOYE E 18
ORGANIZATION TO REPR ESENT THEM IN THEIR EMPLOYMENT RELATIONS WITH THE 19
EMPLOYER. 20
(4) BEFORE A PETITION MAY BE PROCESSED , THE PROOF OF 21
INTEREST SUBMITTED S HALL BE VERIFIED AS PROVIDED IN THIS SECTION. 22
(5) THE EMPLOYEE ORGANIZA TION AND THE EMPLOYE R SHALL 23
EQUALLY BEAR ANY COS TS ASSOCIATED WITH T HE VERIFICATION . 24
(B) (1) WHEN AN EMPLOYEE ORGA NIZATION OR EMPLOYEE S IN A 25
BARGAINING UNIT FILE A PETITION WITH THE DIRECTOR, THE EMPLOYEE 26
ORGANIZATION OR EMPL OYEES SHALL SUBMIT T O A NEUTRAL DECISION MAKER 27
FROM THE FEDERAL MEDIATION AND CONCILIATION SERVICE THE 28
AUTHORIZATION CARDS SIGNED AND DATED BY AT LEAST 30% OF THE EMPLOYEES 29
IN THE BARGAINING UN IT NOT MORE THAN 12 MONTHS BEFORE THE DAY THE 30
PETITION WAS FILED I NDICATING, AS APPROPRIATE , THAT THE EMPLOYEES H AVE 31
DESIGNATED THE EMPLO YEE ORGANIZATION TO REPRESENT THEM IN TH EIR 32
EMPLOYMENT RELATIONS WITH THE PUBLIC LIBR ARY SYSTEM ADMINISTR ATION. 33
SENATE BILL 352 7
(2) THE EMPLOYEE ORGANIZA TION SHALL COPY THE DIREC TOR ON 1
THE REQUEST FOR A NE UTRAL DECISION MAKER IN ORDER FOR THE PUB LIC 2
LIBRARY SYSTEM TO RE CEIVE NOTICE OF THE SELECTION OF THE NEU TRAL 3
DECISION MAKER FOR T HE CERTIFICATION PRO CESS. 4
(C) (1) NOT MORE THAN 7 CALENDAR DAYS AFTER THE DAY ON WHICH 5
THE DIRECTOR RECEIVE S NOTICE OF THE ASSI GNMENT OF A NEUTRAL DECISION 6
MAKER BY THE FEDERAL MEDIATION AND CONCILIATION SERVICE, THE DIRECTOR 7
SHALL SUBMIT TO THE NEUTRAL DECISION MAK ER A LIST OF EMPLOYE ES IN THE 8
BARGAINING UNIT . 9
(2) IF THE DIRECTOR FAILS TO SUBMIT THE LIST OF EMPLOYEE S TO 10
THE NEUTRAL DECISION MAKER WITHIN THE REQ UIRED TIME, IT SHALL BE 11
CONCLUSIVELY DEEMED THAT AT LEAST 30% OF THE EMPLOYEES IN THE 12
BARGAINING UNIT HAVE INDICATED A DESIRE T O BE REPRESENTED BY THE 13
EMPLOYEE ORGANIZATI ON. 14
(D) (1) THE NEUTRAL DECISION MAKER SHALL CHECK TH E WRITTEN 15
AUTHORIZATION CARDS SUBMITTED BY THE EMP LOYEE ORGANIZATION O R THE 16
EMPLOYEES AGAINST TH E LIST OF EMPLOYEES SUBMITTED BY THE DIR ECTOR. 17
(2) IF THE NEUTRAL DECISI ON MAKER DETERMINES THAT AT LEAST 18
30% OF THE EMPLOYEES ON THE LIST HAVE INDICA TED A DESIRE TO BE 19
REPRESENTED BY THE E MPLOYEE ORGANIZATION OR TO DECERTIFY AN E XCLUSIVE 20
REPRESENTATIVE , THE NEUTRAL DECISION MAKER SHALL NOTIFY T HE DIRECTOR 21
OF THE DETERMINATION . 22
(3) THE DIRECTOR MAY VOLU NTARILY RECOGNIZE TH E EMPLOYEE 23
ORGANIZATION AS THE CERTIFIED BARGAINING REPRESENTATIVE OF TH E 24
EMPLOYEES AT ISSUE , OR THE PARTIES MAY P ROCEED TO HOLD AN EL ECTION TO 25
DETERMINE REPRESENTA TION IN ACCORDANCE W ITH THIS SECTION. 26
(E) AN ELECTION MAY NOT B E CONDUCTED IN A BARGAINING UNIT UNLESS 27
AT LEAST 1 YEAR HAS PASSED SINC E THE LAST ELECTION HELD IN THE BARGAINI NG 28
UNIT. 29
(F) (1) THE DIRECTOR SHALL NO TIFY ALL EMPLOYEES W ITHIN THE 30
PROPOSED BARGAINING UNIT THAT AN ELECTIO N WILL BE HELD AND R EQUEST A 31
NEUTRAL DECIS ION MAKER FROM THE FEDERAL MEDIATION AND CONCILIATION 32
SERVICE TO OVERSEE AN D CONDUCT AN ELECTIO N BY SECRET BALLOT . 33
(2) THE BALLOT FOR AN ELE CTION SHALL INCLUDE THE FOLLOWING 34
CHOICES: 35 8 SENATE BILL 352
(I) IN ACCORDANCE WITH TH E ISSUES PRESENTED B Y THE 1
PETITION OR PETITIONS, EXCLUSIVE REPRESENTA TION BY ANY EMPLOYEE 2
ORGANIZATION SEEKING TO OBTAIN OR CONTINU E REPRESENTATION RIG HTS; AND 3
(II) NO EXCLUSIVE REPRESEN TATION. 4
(G) AN EMPLOYEE ORGANIZAT ION MAY INTERVENE IN THE ELECTION AND 5
HAVE ITS NAME PLACED ON THE BALLOT IF: 6
(1) THE EMPLOYEE ORGANIZA TION FILES A PETITIO N NOT MORE 7
THAN 15 CALENDAR DAYS AFTER THE DATE ON WHICH TH E ORIGINAL PETITION IS 8
FILED; 9
(2) THE EMPLOYEE ORGANIZA TION CERTIFIES THAT AT LEAST 30% 10
OF THE EMPLOYEES OF THE UNIT HAVE DESIGN ATED THE E MPLOYEE 11
ORGANIZATION TO REPR ESENT THEM IN THEIR EMPLOYMENT RELATIONS WITH THE 12
PUBLIC LIBRARY SYSTE M ADMINISTRATION ; AND 13
(3) THE SHOWING OF INTERE ST IS VERIFIED AS PR OVIDED IN THIS 14
SECTION. 15
(H) (1) THE ELECTION SHALL BE CONDUCTED ACCORDING TO THE 16
PROCEDURES ESTABLISHED BY THE FEDERAL MEDIATION AND CONCILIATION 17
SERVICE NEUTRAL DECIS ION MAKER CONDUCTING THE ELECTION. 18
(2) AN EMPLOYEE ORGANIZAT ION SHALL BE CERTIFI ED AS 19
EXCLUSIVE REPRESENTA TIVE FOLLOWING AN EL ECTION IF THE EMPLOY EE 20
ORGANIZATION HAS REC EIVED THE VOTE OF A MAJ ORITY OF THE VALID V OTES CAST 21
IN THE BARGAINING UN IT IN WHICH THE ELEC TION IS HELD. 22
(3) (I) IF AN ELECTION INCLUD ES THREE OR MORE CHO ICES AND 23
NO CHOICE RECEIVES A MAJORITY OF THE VALI D VOTES CAST , THE NEUTRAL 24
DECISION MAKER SHALL CONDUCT A RUNOFF ELECTI ON BETWEEN THE TWO 25
CHOICES THAT RECEIVE D THE LARGEST NUMBER OF VALID VOTES CAST . 26
(II) THE CHOICE RECEIVING THE MAJORITY OF THE VALID 27
VOTES CAST IN THE RU NOFF ELECTION SHALL BE CERTIFIED. 28
(4) THE NEUTRAL DECISION MAKER CONDUCTING THE ELECTION 29
SHALL ISSUE TO ALL T HE PARTICIPANTS IN A N ELECTION A CERTIFI CATION OF 30
REPRESENTATION , IF AN EMPLOYEE ORGAN IZATION IS CERTIFIED , OR THE RESULTS 31
OF THE ELECTION , IF NO REPRESENTATIVE IS CHOSEN. 32 SENATE BILL 352 9
(I) (1) IF THE DIRECTOR DISAG REES WITH THE PETITI ONING EMPLOYEE 1
ORGANIZATION OR THE PETITIONING EMPLOYEE S AS TO THE INCLUSIO N OR 2
EXCLUSION OF SPECIFI C EMPLOYEES AND CLAS SIFICATIONS OF EMPLO YEES IN THE 3
BARGAINING UNIT , ALL THE EMPLOYEES IN THE PETITIONED –FOR GROUP SHALL 4
HAVE THE OPPORTUNITY TO VOTE IN THE ELECTION. 5
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE BALLOTS 6
OF CHALLENGED EMPLOY EES SHALL REMAIN SEA LED AND BE SET ASIDE UNTIL THE 7
BALLOTS OF EMPLOYEES WHO ARE NOT IN DISPU TE HAVE BEEN TALLIED . 8
(3) (I) IF THE TOTAL NUMBER O F BALLOTS OF CHALLEN GED 9
EMPLOYEES DOES NOT H AVE AN IMPACT ON THE ELECTION RESULT , THE PARTIES: 10
1. MAY NOT COUNT THE BAL LOTS OF CHALLENGED 11
EMPLOYEES; AND 12
2. SHALL RESOLVE THE DIS PUTE OVER THE 13
CHALLENGED EMPLOYEES AFTER THE EL ECTION IS CERTIFIED THROUGH A 14
HEARING OR COLLECTIV E BARGAINING. 15
(II) IF THE TOTAL NUMBER O F BALLOTS OF CHALLEN GED 16
EMPLOYEES DOES HAVE AN IMPACT ON THE ELE CTION RESULT, THE PARTIES SHALL 17
IMMEDIATELY REFER TH E DISPUTE TO THE NEU TRAL DECISION MAKER FROM THE 18
FEDERAL MEDIATION AND CONCILIATION SERVICE TO RESOLVE TH E DISPUTE. 19
(4) (I) THE NEUTRAL DECISION MAKER SHALL HOLD A H EARING 20
ON THE DISPUTE REFER RED UNDER PARAGRAPH (3)(II) OF THIS SUBSECTION W ITH 21
THE PARTIES PRESENTI NG EVIDENCE ON THEIR POSITIONS. 22
(II) IF THE NEUTRAL DECISI ON MAKER FINDS THAT 23
CHALLENGED EMPLOYEES ARE PROPERLY INCLUDE D WITHIN THE BARGAIN ING 24
UNIT, THE BALLOTS OF THE C HALLENGED EMPLOYEES SHALL BE COUNTED IN THE 25
TOTAL TALLY FOR THE ELECTION. 26
(III) THE NEUTRAL DECISION MAKER’S FINDINGS SHALL BE 27
FINAL AND BINDING ON THE PARTIES. 28
(J) (1) IF EMPLOYEES ARE REPR ESENTED BY AN EMPLOY EE 29
ORGANIZATION , EMPLOYEES MAY FILE A PETITION WITH THE DI RECTOR THAT 30
CONTAINS THE FOLLOWI NG: 31
10 SENATE BILL 352
(I) AN ASSERTION THAT THE MAJORITY OF THE EMPL OYEES NO 1
LONGER WISH TO BE REPRES ENTED BY THE EMPLOYE E ORGANIZATION ; 2
(II) A STATEMENT THAT THE E MPLOYEES HAVE IN THE IR 3
POSSESSION SUBSTANTI VE DOCUMENTARY PROOF , DATED NOT MORE THAN 6 4
MONTHS BEFORE THE DA Y ON WHICH THE PETIT ION IS FILED, THAT AT LEAST 30% 5
OF THE EMP LOYEES WITHIN THE BA RGAINING UNIT APPROV E OF THE 6
DECERTIFICATION OF T HE EMPLOYEE ORGANIZA TION; AND 7
(III) A STATEMENT EXPLAINING THAT THE EMPLOYEES A RE 8
SEEKING DECERTIFICAT ION OF THE EMPLOYEE ORGANIZATION AS THE EXCLUSIVE 9
REPRESENTATIVE FOR T HE BARGAINING UNIT . 10
(2) (I) THE PETITION SHALL BE PROCESSED AS DESCRIB ED IN 11
THIS SECTION , INCLUDING VERIFICATI ON OF PROOF OF INTER EST AND AN 12
ELECTION. 13
(II) AN EMPLOYEE ORGANIZAT ION SHALL BE DECERTI FIED AS 14
EXCLUSIVE REPRESENTA TIVE FOLLOWING AN EL ECTION IF THE MAJORITY OF T HE 15
VALID VOTES CAST IN THE UNIT IN WHICH TH E ELECTION IS HELD A RE FOR NO 16
REPRESENTATION . 17
23–907. 18
(A) IF AN EMPLOYEE ORGANI ZATION IS CERTIFIED AS DESCRIBED IN THIS 19
SUBTITLE, THE EMPLOYER AND THE EMPLOYEE ORGANIZATIO N SHALL ENTER INTO 20
A COLLECTIVE BARGAIN ING AGREEMENT THAT C ONTAINS PROVISIONS R EGARDING: 21
(1) WAGES, HOURS, AND TERMS AND CONDIT IONS OF EMPLOYMENT ; 22
(2) THE ORDERLY PROCESSIN G AND SETTLEMENT OF GRIEVANCES 23
REGARDING THE INTERP RETATION AND IMPLEME NTATION OF THE COLLE CTIVE 24
BARGAINING AGREEMENT ; AND 25
(3) OTHER TOPICS THAT THE PARTIES MAY MUTUALLY AGREE TO 26
THAT WERE SUITABLE F OR BARGAINING . 27
(B) (1) THE EMPLOYER AUTOMATI CALLY SHALL DEDUCT F ROM THE 28
PAYCHECK OF AN EMPLO YEE WHO IS A MEMBER OF THE BARGAINING UN IT 29
REPRESENTED BY THE CERTIFIED EXCLUS IVE REPRESENTATIVE D UES AUTHORIZED 30
AND OWED BY THE EMPL OYEE TO THE CERTIFIE D EXCLUSIVE REPRESEN TATIVE IF 31
THE EMPLOYEE SUBMITS TO THE EMPLOYER A DU ES DEDUCTION AUTHORI ZATION 32
CARD THAT HAS BEEN D ULY EXECUTED BY THE EMPLOYEE. 33 SENATE BILL 352 11
(2) ANY DUES DEDUCTED FROM PA YCHECKS UNDER PARAGR APH (1) 1
OF THIS SUBSECTION S HALL BE REMITTED TO THE CERTIFIED EXCLUS IVE 2
REPRESENTATIVE . 3
(3) THE EMPLOYER AUTOMATI CALLY SHALL STOP MAK ING PAYROLL 4
DEDUCTIONS UNDER PAR AGRAPH (1) OF THIS SUBSECTION O N BEHALF OF A 5
CERTIFIED EXCLUSIVE REP RESENTATIVE IF: 6
(I) THE CERTIFIED EXCLUSI VE REPRESENTATIVE IS 7
DECERTIFIED; 8
(II) THE CERTIFIED EXCLUSI VE REPRESENTATIVE ’S RIGHT TO 9
DUES IS REVOKED ; 10
(III) THE EMPLOYEE CEASES T O BE A MEMBER OF THE 11
BARGAINING UNIT REPR ESENTED BY THE CERTIFIED EXCL USIVE REPRESENTATIVE ; 12
OR 13
(IV) THE EMPLOYEE RESIGNS FROM MEMBERSHIP IN T HE 14
EMPLOYEE ORGANIZATIO N. 15
(C) THIS SECTION MAY NOT BE CONSTRUED TO : 16
(1) AUTHORIZE OR OTHERWIS E ALLOW AN EMPLOYEE TO ENGAGE IN 17
A STRIKE OR WORK STO PPAGE, AS THOSE TERMS ARE DEFI NED IN § 23–912 OF THIS 18
SUBTITLE; OR 19
(2) RESTRICT THE AUTHORIT Y OF THE GOVERNING B ODY TO 20
DETERMINE THE BUDGET OF THE EMPLOYER . 21
(D) (1) A COLLECTIVE BARGAININ G AGREEMENT ENTERED INTO UNDER 22
SUBSECTION (A) OF THIS SECTION SHAL L BE EFFECTIVE ON RATIFIC ATION BY THE 23
MAJORITY OF VOTES CA ST BY THE EMPLOYEES IN THE BARGAINING UN IT AND 24
APPROVAL BY THE DIRE CTOR AND BOARD . 25
(2) A SINGLE–YEAR OR MULTIYEAR CO LLECTIVE BARGAINING 26
AGREEMENT SHALL EXPI RE AT THE CLOSE OF T HE COUNTY’S FISCAL YEAR. 27
23–908. 28
(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 29
THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL REACH 30 12 SENATE BILL 352
AN AGREEMENT BY MARCH 1 OF THE YEAR IN WHICH A COLLECTIVE BARGAIN ING 1
AGREEMENT WILL EXPIR E. 2
(2) SUBJECT TO PA RAGRAPH (3) OF THIS SUBSECTION , THE 3
EMPLOYER AND THE CER TIFIED EXCLUSIVE REP RESENTATIVE MUTUALLY MAY 4
AGREE TO EXTEND NEGO TIATIONS FOR A PERIO D NOT TO EXTEND PAST JUNE 30 OF 5
THE YEAR IN WHICH A COLLECTIVE BARGAININ G AGREEMENT WILL EXP IRE. 6
(3) ANY EXTENSION MUST ACKNOWLEDGE ANY RELEVANT COUNTY 7
BUDGETARY DEADLINES IN WRITING TO ENSURE THAT PARTIES MEET CR UCIAL 8
FUNDING DEADLINES . 9
(B) AN IMPASSE IS REACHED DURING THE NEGOTIATI ONS BETWEEN THE 10
EMPLOYER AND THE CER TIFIED EXCLUSIVE REP RESENTATIVE IF THE E MPLOYER 11
AND THE CERTIFIED EX CLUSIVE REPRESENTATI VE DO NOT REACH AN A GREEMENT 12
BY: 13
(1) STATING THEY HAVE MUT UALLY AGREED THAT TH EY ARE AT AN 14
IMPASSE; 15
(2) MARCH 1 OF THE YEAR IN WHICH A COLLECTIVE BARGAIN ING 16
AGREEMENT WILL EXPIR E; OR 17
(3) IF NEGOTIATIONS WE RE EXTENDED , THE DATE TO WHICH 18
NEGOTIATIONS WERE EX TENDED UNDER SUBSECT ION (A)(2) OF THIS SECTION. 19
(C) (1) IF AN IMPASSE IS REAC HED UNDER SUBSECTION (B) OF THIS 20
SECTION, THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL 21
SUBMIT A FINAL OFFER TO THE OTHER PARTY WI THIN 48 HOURS AFTER THE 22
IMPASSE IS REACHED . 23
(2) UNLESS THE IMPASSE RE ACHED UNDER SUBSECTI ON (B) OF THIS 24
SECTION HAS BEEN RES OLVED, THE DISPUTE AND THE FINAL OFFERS SHALL B E 25
SUBMITTED TO THE MED IATOR SELECTED BY TH E PARTIES IN ACCORDA NCE WITH 26
SUBSECTION (D) OF THIS SECTION. 27
(D) (1) WITHIN 30 DAYS AFTER A MEDIATO R IS SELECTED BY THE 28
PARTIES, THE MEDIATOR SHALL : 29
(I) MEET WITH THE DIRECTO R AND THE CERTIFIED EXCLUSIVE 30
REPRESENTATIVE ; AND 31
SENATE BILL 352 13
(II) MAKE WRITTEN FINDINGS OF FACT AND 1
RECOMMENDATIONS FOR THE RESOLUTION OF TH E DISPUTE IN ACCORDA NCE WITH 2
THIS SUBSECTION . 3
(2) (I) IF THE PARTIES ARE UN ABLE TO AGREE ON A M EDIATOR, 4
THEY SHALL REQUEST A LIST OF SEVEN MEDIAT ORS FROM THE FEDERAL 5
MEDIATION AND CONCILIATION SERVICE. 6
(II) WITHIN 3 WORKING DAYS AFTER R ECEIVING THE LIST 7
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE PARTIES SHALL 8
ALTERNATELY REMOVE O NE MEDIATOR FROM THE LIST UNTIL ONLY ONE MEDIATOR 9
REMAINS, WHO THE PARTIES SHAL L AGREE WILL SERVE A S THE MEDIATOR UNDER 10
THIS SUBSECTION. 11
(3) THE MEDIATOR SHALL AC T AS AN INTERMEDIARY IN BRINGING 12
THE PARTIES TOGETHER AND SHALL ACTIVELY A SSIST THE PARTIES IN RESOLVING 13
THE DISPUTE BY: 14
(I) CONDUCTING PROCEEDING S IN ACCORDANCE WITH THIS 15
SUBSECTION; 16
(II) REVIEWING THE FINAL P OSITIONS OF THE PARTIES ; 17
(III) IDENTIFYING THE MAJOR ISSUES IN THE DISPUT E BETWEEN 18
THE PARTIES; 19
(IV) REVIEWING THE POSITIO NS OF THE PARTIES ; AND 20
(V) RECOMMENDING A RESOLU TION FOR THE AGREEME NT OF 21
THE PARTIES. 22
(4) A RESOLUTION UNDER THI S SUBSECTION: 23
(I) SHALL ADDRESS MATTERS SUCH AS WAGES , HOURS, OR 24
TERMS AND CONDITIONS OF EMPLOYMENT ; 25
(II) MAY NOT INCLUDE HEALT H CARE BENEFITS , UNLESS THE 26
BENEFITS ARE CONTRAC TED DIRECTLY THROUGH THE PUBLIC LIBRARY S YSTEM; 27
AND 28
(III) MAY NOT EXCEED 1 FISCAL YEAR, UNLESS AGREED TO BY 29
THE PARTIES. 30
14 SENATE BILL 352
(5) ANY RESOLUTION UNDER THIS SUBSECTION REGA RDING 1
PENSION BENEFITS SHA LL BE CONSTRUED AS A RECOMMENDATION TO OR 2
CONSIDERATION FOR TH E APPROPRIATE PENSIO N ADMINISTRATOR OF T HE STATE 3
OR RESPECTIVE COUNTY . 4
(6) (I) BEFORE ISSUING A FINA L DECISION, THE MEDIATOR SHALL 5
TAKE INTO CONSIDERAT ION, AMONG ANY OTHER RELE VANT FACTORS : 6
1. THE WAGES AND PENSION BENEFITS, NOT INCLUDING 7
HEALTH CARE BENEFITS , OF THE EMPLOYEES OF THE BARGAINING UNIT ; 8
2. THE WAGES AN D PENSION BENEFITS O F OTHER 9
SIMILARLY SITUATED E MPLOYEES PERFORMING SIMILAR SERVICES IN LIBRARIES 10
OF COMPARABLE COUNTI ES IN THE STATE, TAKING INTO CONSIDER ATION THE 11
COST–OF–LIVING INDEX FOR THE AREA IN WHICH THE CO MPARABLE COUNTY IS 12
LOCATED; 13
3. WAGES AND PENSION BENEFITS OF SIMILARLY 14
SITUATED COUNTY EMPL OYEES; 15
4. THE LAST PUBLISHED AN NUAL U.S. DEPARTMENT OF 16
LABOR CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR ALL ITEMS IN 17
THE WASHINGTON–BALTIMORE AREA ; 18
5. THE SPECIAL NATURE OF THE WORK PERF ORMED BY 19
THE EMPLOYEES OF THE BARGAINING UNIT , INCLUDING: 20
A. PHYSICAL REQUIREMENTS OF EMPLOYMENT ; 21
B. EDUCATIONAL REQUIREME NTS; 22
C. JOB TRAINING AND JOB SKILLS; AND 23
D. SHIFT ASSIGNMENTS AND THE DEMANDS PLACED O N 24
THE EMPLOYEES COMPAR ED TO THE DEMANDS PLACED O N OTHER SIMILARLY 25
SITUATED LIBRARY EMP LOYEES IN COMPARABLE COUNTY JURISDICTIONS ; 26
6. STATE AND COUNTY MAND ATED EXPENDITURES ; 27
7. SUBJECT TO SUBPARAGRA PH (II) OF THIS 28
PARAGRAPH , AVAILABILITY OF FUND S, INCLUDING FINANCIAL SOURCES OF 29
REVENUE; AND 30
SENATE BILL 352 15
8. THE INTEREST AND WELF ARE OF THE PUBLIC . 1
(II) IN CONSIDERING THE AV AILABILITY OF FUNDS FOR WAGE 2
INCREASES, THE MEDIATOR SHALL C ONSIDER THE GENERAL FUND REVENUES OF 3
THE RESPECTIVE COUNT Y AND ANY RELATED CO UNTY REPORTS ON REVE NUES. 4
(7) A MEDIATOR MAY NOT : 5
(I) RECOMMEND A WAGE INCR EASE WITHOUT APPROVA L OF 6
THE RESPECTIVE GOVER NING BODY; 7
(II) RECOMMEND A PENSION B ENEFIT INCREASE WITH OUT 8
APPROVAL OF THE APPR OPRIATE PENSION ADMI NISTRATOR OF THE STATE OR 9
COUNTY; OR 10
(III) CONSIDER TESTIMONY REG ARDING FUNDS FOR CAP ITAL 11
IMPROVEMENTS , SURPLUS CONTINGENCY , OR RESERVE FUNDS . 12
(8) (I) THE PARTIES ARE STRON GLY ENCOURAGED TO RE ACH AN 13
AGREEMENT ON ALL ISS UES WHENEVER POSSIBL E. 14
(II) IF NO AGREEMENT CAN B E REACHED BY THE PAR TIES, THE 15
MEDIATOR SHALL ISSUE A REPORT WITH THE ME DIATOR’S DECISION, INCLUDING 16
WRITTEN FINDINGS OF FACT. 17
(9) THE MEDIATOR MAY ADOP T A PACKAGE OF FINAL POSITIONS OR 18
RULE ON EACH MATTER SEPARATELY. 19
(10) THE MEDIATOR SHALL SU BMIT COPIES OF THE M EDIATOR’S 20
WRITTEN FINDINGS AND RE COMMENDATIONS TO THE DIRECTOR AND THE 21
CERTIFIED EXCLUSIVE REPRESENTATIVE ON OR BEFORE THE IMMEDIATE LY 22
FOLLOWING APRIL 2. 23
(11) ANY COSTS ASSOCIATED WITH THIS SUBSECTION SHALL BE 24
SHARED EQUALLY BY TH E EMPLOYER AND THE C ERTIFIED EXCLUSI VE 25
REPRESENTATIVE . 26
(12) THIS SUBSECTION MAY N OT BE CONSTRUED TO I NTERFERE WITH 27
ANY EFFORTS THE PART IES MAY UNDERTAKE TO REACH AN AGREEMENT A T ANY 28
TIME. 29
(13) THE GOVERNING BODY IS NOT BOUND BY ANY DEC ISION MADE 30
UNDER THIS SUBSECTIO N. 31 16 SENATE BILL 352
(14) THIS SUBSECTION SHALL BE THE EXCLUSIVE PROCED URE FOR 1
RESOLVING DISPUTES B ETWEEN THE PARTIES , UNLESS THE PARTIES , BY MUTUAL 2
AGREEMENT , DETERMINE TO USE ANO THER METHOD OF DISPU TE RESOLUTION . 3
(E) (1) THE DIRECTOR SHALL SU BMIT THE FINDINGS AN D 4
RECOMMENDATIONS OF THE MEDIATOR TO THE BOARD IN A TIMELY MA NNER 5
CONSISTENT WITH THE TIMING OF PARAGRAPH (2) OF THIS SUBSECTION . 6
(2) THE BOARD SHALL APPRO VE ALL RECOMMENDATIO NS AND 7
FINDINGS OF THE MEDI ATOR THAT DO NOT REL ATE TO A FINANCIAL I SSUE OR 8
REQUIRE AN APPROPRIA TION OF ADDITIONAL FUNDS WITHIN 5 DAYS AFTER THE 9
MEDIATOR’S DECISION. 10
23–909. 11
(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE BOARD 12
SHALL SUBMIT A TERM OF A COLLECTIVE BARG AINING AGREEMENT OR 13
MEMORANDUM OF UNDERS TANDING ENTERED INTO UNDER THIS SUBT ITLE TO THE 14
GOVERNING BODY WITH THE BOARD’S RECOMMENDATION REG ARDING WHETHER 15
THE AGREEMENT OR THE MEDIATOR’S DECISION REQUIRES AN APPROPRIATION OF 16
ADDITIONAL FUNDS . 17
(2) THE SUBMISSION REQUIR ED UNDER THIS SUBSEC TION SHALL BE 18
MADE IN A TIMELY MAN NER, TO ENSURE ANY RELEVANT C OUNTY BUDGETARY 19
DEADLINES ARE NOT MI SSED. 20
(B) (1) THE GOVERNING BODY MA Y APPROVE OR REJECT A REQUEST FOR 21
ADDITIONAL FUNDING U NDER SUBSECTION (A) OF THIS SECTION , IN WHOLE OR IN 22
PART. 23
(2) IF THE GOVERNING BODY APPROVES A REQUEST U NDER 24
PARAGRAPH (1) OF THIS SUBSECTION , THE GOVERNING BODY S HALL TAKE ALL 25
ACTIONS NECESSARY TO PROCESS THE REQUEST FOR ADDITIONAL FUNDI NG. 26
(C) THE GOVERNING BODY MA Y APPROVE OR REJECT A REQUEST FOR 27
ADDITIONAL FUNDING , IN WHOLE OR IN PART . 28
(D) (1) IF ANY P ART OF A REQUEST FOR ADDITIONAL FUNDING 29
SUBMITTED TO THE GOV ERNING BODY UNDER TH IS SUBSECTION IS REJ ECTED, THE 30
REQUEST FOR ADDITION AL FUNDS SHALL BE RE TURNED TO THE EMPLOY ER AND 31
THE CERTIFIED EXCLUS IVE REPRESENTATIVE F OR RENEGOTIATION WIT HIN THE 32
LIMITS OF THE FUNDING ALLOCATE D BY THE GOVERNING B ODY. 33 SENATE BILL 352 17
(2) THE RENEGOTIATION SHA LL BE COMPLETED WITH IN A 1
TIMETABLE ESTABLISHE D BY THE GOVERNING B ODY. 2
(3) (I) IF AN IMPASSE IS REAC HED, THE EMPLOYER AND THE 3
CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL SUBMIT A FINAL OFFER, WITHIN 4
THE LIMITS OF THE FU NDING ALLOCATED BY T HE GOVERNING BODY , FOR THE 5
REVIEW OF THE GOVERN ING BODY. 6
(II) THE GOVERNING BODY SH ALL SELECT ONE OF TH E OFFERS 7
SUBMITTED UNDER SUBP ARAGRAPH (I) OF THIS PARAGRAPH . 8
(III) THE SELECTION OF THE GOVERNING BODY IS BIND ING ON 9
ALL PARTIES. 10
(E) (1) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE 11
REPRESENTATIVE ARE M UTUALLY OBLIGATED TO : 12
(I) MEET AT REASONABLE TI MES IN CONSIDERATION OF THE 13
COUNTY’S BUDGET SUBMISSION DATE; AND 14
(II) NEGOTIATE IN GOOD FAITH ON: 15
1. WAGES, HOURS, AND TERMS AND CONDIT IONS OF 16
EMPLOYMENT ; AND 17
2. DRAFTING A WRITTEN CO LLECTIVE BARGAINING 18
AGREEMENT THAT CONTA INS ALL MATTERS AGRE ED ON AND SIGNED BY 19
AUTHORIZED REPRESENT ATIVES OF BOTH PARTI ES. 20
(2) THE OBLIGATION TO NEGOTIATE IN GOOD FA ITH UNDER 21
PARAGRAPH (1)(II) OF THIS SUBSECTION : 22
(I) REQUIRES THAT AN EFFO RT BE MADE BY BOTH P ARTIES TO 23
ARRIVE AT AN AGREEME NT AND REDUCE THE AG REEMENT TO WRITING W ITHIN A 24
REASONABLE PERIOD OF TIME; AND 25
(II) DOES NOT REQUIRE THAT ANY CONCESSION BE MA DE BY 26
EITHER PARTY. 27
23–910. 28
(A) THE EMPLOYER MAY NOT : 29 18 SENATE BILL 352
(1) INTERFERE WITH , COERCE, UNDULY INFLUENCE , OR RESTRAIN 1
AN EMPLOYEE ’S EXERCISE OF RIGHTS UNDER THIS SUBTITLE ; 2
(2) DOMINATE, INTERFERE WITH , ASSIST IN THE FORMAT ION, 3
ADMINISTRATION, OR EXISTENCE OF , OR CONTRIBUTE FINANC IAL ASSISTANCE OR 4
OTHER SUPPORT TO AN EMPLOYEE ORGANIZATIO N; 5
(3) ENCOURAGE OR DISCOURA GE MEMBERSHIP IN AN EMPLOYEE 6
ORGANIZATION BY DISC RIMINATING AGAINST A N EMPLOYEE THROUGH H IRING, 7
TENURE, PROMOTION , OR OTHER CONDITIONS OF E MPLOYMENT ; OR 8
(4) REFUSE TO BARGAIN IN GOOD FAITH WITH AN E MPLOYEE 9
ORGANIZATION THAT IS THE EXCLUSIVE REPRES ENTATIVE OF THE EMPL OYEES. 10
(B) AN EMPLOYEE ORGANIZAT ION MAY NOT: 11
(1) INTERFERE WITH , COERCE, UNDULY INFLUENCE , OR RESTRAIN 12
AN EMPLOYEE ’S EXERCISE OF RIGHTS UNDER THIS SUBTITLE ; 13
(2) CAUSE OR ATTEMPT TO C AUSE THE EMPLOYER TO DISCRIMINATE 14
AGAINST AN EMPLOYEE BECAUSE THE EMPLOYEE EXERCISES A RIGHT UN DER THIS 15
SUBTITLE; 16
(3) DISCIPLINE OR FINE A MEMBER OF THE EMPLOY EE 17
ORGANIZATION AS PUNI SHMENT OR REPRISAL ; 18
(4) DISCIPLINE OR FINE A MEMBER OF THE EMPLOY EE 19
ORGANIZATION FOR THE PURPOSE OF IMPEDING THE MEMBER ’S WORK 20
PERFORMANCE ; OR 21
(5) REFUSE TO BARGAIN IN GOOD FAITH WITH THE EMPLOYER OR TO 22
PARTICIPATE IN GOOD FAITH IN A PROCEDURE UNDER THIS SUBTITLE. 23
(C) (1) AN EMPLOYEE WHO IS A MEMBER OF A BARGAINI NG UNIT WITH A 24
CERTIFIED EXCLUSIVE REPRESENTATIVE MAY , WITHOUT THE INTERVEN TION OF AN 25
EMPLOYEE ORGANIZATIO N, DISCUSS ANY MATTER W ITH THE EMPLOYER . 26
(2) THIS SUBSECTION DOES NOT WAIVE THE R IGHT OF THE 27
EMPLOYEE ORGANIZATIO N TO BE THE EXCLUSIV E BARGAINING REPRESE NTATIVE 28
FOR ISSUES RELATED T O WAGES, HOURS, AND WORKING CONDITIO NS AND IS NOT 29
INTENDED TO CREATE A N ALTERNATE PATH TO ALTER TERMS AND COND ITIONS OF 30
THE COLLECTIVE B ARGAINING AGREEMENT BETWEEN THE PARTIES . 31 SENATE BILL 352 19
23–911. 1
(A) NOTWITHSTANDING ANY O THER PROVISIONS OF L AW, IT IS THE 2
EXCLUSIVE RIGHT OF T HE EMPLOYER TO : 3
(1) DETERMINE THE PURPOSE S AND OBJECTIVES OF EACH OF ITS 4
CONSTITUENT OFFICES AND DEPARTMENTS ; 5
(2) SET STANDARDS OF SERVICES TO BE OFFERED TO THE PUBLIC; 6
(3) EXERCISE CONTROL AND DISCRETION OVER ITS ORGANIZATION 7
AND OPERATIONS ; AND 8
(4) DETERMINE THE METHODS , MEANS, PERSONNEL , AND OTHER 9
RESOURCES BY WHICH T HE EMPLOYER ’S OPERATIONS ARE TO BE CONDUCTED , 10
INCLUDING: 11
(I) THE USE OF VOLUNTEERS ; AND 12
(II) THE CONTRACTING OUT O F WORK IF CONSIDERED 13
NECESSARY. 14
(B) SUBJECT TO APPLICABLE PROVISIONS OF A COLL ECTIVE BARGAINING 15
AGREEMENT AND IN ACC ORDANCE WITH THE RES PECTIVE COUNTY CHART ER AND 16
OTHER APPLICABL E LAWS, THE EMPLOYER MAY : 17
(1) DIRECT ITS EMPLOYEES ; 18
(2) HIRE, PROMOTE, TRANSFER, ASSIGN, OR RETAIN EMPLOYEES ; 19
(3) ESTABLISH REASONABLE WORK RULES ; AND 20
(4) DEMOTE, SUSPEND, DISCHARGE, OR TAKE ANY OTHER 21
DISCIPLINARY ACTION AGAINST ITS EMPLOYEE S FOR JUST CAUSE. 22
(C) THE PROVISIONS OF THI S SECTION SHALL BE D EEMED TO BE PART OF 23
EVERY AGREEMENT EXEC UTED BETWEEN THE EMP LOYER AND A CERTIFIE D 24
EXCLUSIVE REPRESENTA TIVE. 25
(D) THIS SECTION MAY NOT BE CONSTRUED TO DENY THE RIGHT OF AN 26
EMPLOYEE TO SUBMIT A GRIEVANCE WITH REGARD TO THE EMPLOYER ’S EXERCISE 27
OF ITS RIGHTS UNDER THIS SECTION. 28 20 SENATE BILL 352
(E) EXCEPT AS OTHERWISE P ROVIDED BY LAW , IF EMPLOYEES HAVE 1
ENTERED INTO A COLLE CTIVE BARGAINING AGR EEMENT WITH THE EMPL OYER 2
UNDER THIS SUBTITLE , THE COLLECTIVE BARGA INING AGREEMENT ENTERED INT O 3
SUPERSEDES ANY CONFL ICTING REGULATION OR ADMINISTRATIVE POLIC Y OF THE 4
EMPLOYER. 5
23–912. 6
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 7
INDICATED. 8
(2) “LOCKOUT” MEANS THE TEMPORARY WITHHOLDING OF WORK , BY 9
MEANS OF SHUTTING DOWN AN OPE RATION OR FUNCTION I N ORDER TO BRING 10
PRESSURE ON EMPLOYEE S OR ON THEIR REPRES ENTATIVES TO ACCEPT A CHANGE 11
IN COMPENSATION OR R IGHTS, PRIVILEGES, OBLIGATIONS, OR OTHER TERMS AND 12
CONDITIONS OF EMPLOY MENT. 13
(3) “SECONDARY BOYCOTT ” MEANS AN ACTIVITY BY AN EM PLOYEE 14
ORGANIZATION OR ITS MEMBERS THAT IS INTE NDED TO INDUCE , ENCOURAGE , OR 15
COERCE PERSONS DOING BUSINESS WITH THE EM PLOYER TO WITHHOLD , 16
WITHDRAW, OR IN ANY RESPECT CU RTAIL THEIR BUSINESS RELATIONS WITH THE 17
COUNTY. 18
(4) “STRIKE” MEANS THE REFUSAL OR FAI LURE BY AN EMPLOYEE OR 19
GROUP OF EMPLOYEES T O PERFORM THEIR DUTI ES OF EMPLOYMENT AS ASSIGNED 20
IF A PURPOSE OF THE REFUSAL OR FAILURE I S TO INDUCE, FORCE, OR REQUIRE THE 21
EMPLOYER TO ACT OR R EFRAIN FROM ACTING W ITH REGARD TO ANY MA TTER. 22
(5) “WORK STOPPAGE ” MEANS: 23
(I) THE WILLFUL ABSENCE O F A GROUP OF EMPLOYE ES FROM 24
THEIR POSITIONS ; 25
(II) THE ENGAGING IN A SLO WDOWN BY EMPLOYEES ; OR 26
(III) THE REFUSAL OF EMPLOY EES TO PERFORM JOB D UTIES. 27
(B) IN GENERAL, STRIKES, WORK STOPPAGES , LOCKOUTS, AND SECONDARY 28
BOYCOTTS ARE PROHIBI TED. 29
SENATE BILL 352 21
(C) (1) EMPLOYEES AND EMPLOYE E ORGANIZATIONS MAY NOT ENGAGE 1
IN, SPONSOR, INITIATE, SUPPORT, DIRECT, OR CONDONE A STRIKE , WORK 2
STOPPAGE, OR SECONDARY BOYCOTT . 3
(2) EMPLOYEE ORGANIZATION S MAY NOT ENGAGE IN , INITIATE, 4
SPONSOR, OR SUPPORT, DIRECTLY OR INDIRECT LY, PICKETING OF THE EMP LOYER, 5
ITS PROPERTY, OR FIELD OR OFFICE F ACILITIES IN FURTHER ANCE OF A STRIKE , 6
WORK STOPPAGE , OR SECONDARY BOYCOTT . 7
(D) IF AN EMPLOYEE ORGANI ZATION VIOLATES THIS SECTION, THE BOARD, 8
AFTER A MAJORITY VOT E, MAY: 9
(1) REVOKE THE EMPLOYEE O RGANIZATION’S DESIGNATION AS 10
CERTIFIED EXCLUSIVE REPRESENTATIVE ; 11
(2) DISQUALIFY THE EMPLOY EE ORGANIZATION FROM 12
PARTICIPATING IN REP RESENTATION ELECTION S FOR A PERIOD OF UP TO 2 YEARS; 13
AND 14
(3) TERMINATE IMMEDIATELY THE PAYROLL DEDUCTIO NS FOR THE 15
EMPLOYEE ORGANIZATIO N’S DUES. 16
(E) AN EMPLOYEE WHO VIOLA TES THIS SECTION IS SUBJECT TO IMMEDIATE 17
DISCIPLINARY ACTION , WHICH MAY INCLUDE PE RMANENT DISMISSAL FR OM THE 18
EMPLOYMENT BY THE EM PLOYER FOR JUST CAUSE. 19
(F) (1) THE EMPLOYER MAY NOT DIRECT A LOCKOUT AGA INST 20
EMPLOYEES. 21
(2) THIS SUBSECTION MAY N OT BE CONSTRUED TO P ROHIBIT THE 22
EMPLOYER FROM EXERCI SING ITS MANAGERIAL RIGHTS. 23
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effe ct July 24
1, 2023. 25