Maryland 2023 Regular Session

Maryland Senate Bill SB352 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0352
6	6
7	7	SENATE BILL 352
8	8	F5 3lr1902
9	9	CF HB 65
10	10	By: Senators King, Augustine, Guzzone, Jackson, Klausmeier, Kramer, Muse, and
11	11	Salling
12	12	Introduced and read first time: January 30, 2023
13	13	Assigned to: Finance and Education, Energy, and the Environment
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Education – Public Libraries – Collective Bargaining 2
20	20
21	21	FOR the purpose of authorizing employees of certain public libraries to form, join, and 3
22	22	participate in an employee organization and engage in certain other activities related 4
23	23	to collective bargaining; requiring certain employers and certified exclusive 5
24	24	representatives to engage in good faith bargaining; establishing a collective 6
25	25	bargaining process for employees of certain public libraries; establishing a process 7
26	26	for resolving impasses during collective bargaining; prohibiting employers and 8
27	27	employee organizations from engaging in certain actions regarding the exercise of an 9
28	28	employee’s rights under this Act; prohibiting employees and employee organizations 10
29	29	from engaging in certain actions related to strikes, work stoppages, boycotts, and 11
30	30	lockouts; and generally relating to collective bargaining for employees of public 12
31	31	libraries. 13
32	32
33	33	BY repealing 14
34	34	Article – Education 15
35	35	Section 23–601 through 23–614 and the subtitle “Subtitle 6. Howard County Library 16
36	36	System – Collective Bargaining” 17
37	37	Annotated Code of Maryland 18
38	38	(2022 Replacement Volume) 19
39	39
40	40	BY adding to 20
41	41	Article – Education 21
42	42	Section 23–901 through 23–912 to be under the new subtitle “Subtitle 9. Public 22
43	43	Libraries – Collective Bargaining” 23
44	44	Annotated Code of Maryland 24
45	45	(2022 Replacement Volume) 25
46	46
47	47	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
48	48	That Section(s) 23–601 through 23–614 and the subtitle “Subtitle 6. Howard County 27 2 SENATE BILL 352
49	49
50	50
51	51	Library System – Collective Bargaining” of Article – Education of the Annotated Code of 1
52	52	Maryland be repealed. 2
53	53
54	54	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 3
55	55	as follows: 4
56	56
57	57	Article – Education 5
58	58
59	59	SUBTITLE 9. PUBLIC LIBRARIES – COLLECTIVE BARGAINING. 6
60	60
61	61	23–901. 7
62	62
63	63	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 8
64	64	INDICATED. 9
65	65
66	66	(B) “BOARD” MEANS THE BOARD OF T RUSTEES FOR A PUBLIC LIBRARY 10
67	67	SYSTEM, WHERE APPLICABLE . 11
68	68
69	69	(C) “CERTIFIED EXCLUSIVE REPRESENTATIVE ” MEANS THE EMPLOYEE 12
70	70	ORGANIZATION THAT HA S BEEN CERTIFIED AS THE COLLECTIVE BARGA INING 13
71	71	AGENT FOR A BARGAINI NG UNIT. 14
72	72
73	73	(D) “CONFIDENTIAL EMPLOYEE ” MEANS AN EMPLOYEE WH O: 15
74	74
75	75	(1) HAS ACCESS TO CONFIDE NTIAL INFORMATION , INCLUDING 16
76	76	BUDGETARY AND FI SCAL DATA, SUBJECT TO USE BY TH E EMPLOYER IN COLLEC TIVE 17
77	77	BARGAINING OR IN THE ADJUDICATION OF GRIE VANCES; OR 18
78	78
79	79	(2) WORKS IN A CLOSE AND CONTINUING CONFIDENT IAL RELATION 19
80	80	ASSISTING OR AIDING A MANAGEMENT EMPLOYE E. 20
81	81
82	82	(E) “DIRECTOR” MEANS THE DIRECTOR , CHIEF EXECUTIVE OFFICER , OR 21
83	83	CHIEF OFFICER OF THE APPLICABLE PUBLIC LI BRARY SYSTEM , OR THE DESIGNEE 22
84	84	OF THE DIRECTOR , CHIEF EXECUTIVE OFFI CER, OR CHIEF OFFICER . 23
85	85
86	86	(F) (1) “EMPLOYEE” MEANS A FULL–TIME OR PART–TIME EMPLOYEE OF 24
87	87	A PUBLIC LIBRARY SYS TEM. 25
88	88
89	89	(2) “EMPLOYEE” DOES NOT INCLUDE A C ONFIDENTIAL EMPLOYEE , 26
90	90	MANAGEMENT EMPLOYEE , OR SUPERVISORY EMPLO YEE. 27
91	91
92	92	(G) “EMPLOYEE ORGANIZATION ” MEANS AN ORGANIZATIO N THAT ADMITS 28
93	93	EMPLOYEES OF THE EMP LOYER AS MEMBERS AND HAS AS A PRIMARY PUR POSE THE 29
94	94	REPRESENTATION OF TH E EMPLOYEES IN THEIR RELATIONS W ITH THE EMPLOYER . 30 SENATE BILL 352 3
95	95
96	96
97	97
98	98	(H) “EMPLOYER” MEANS A PUBLIC LIBRA RY SYSTEM AND ITS BO ARD. 1
99	99
100	100	(I) “GOVERNING BODY ” MEANS: 2
101	101
102	102	(1) (I) FOR A CHARTER COUNTY THAT DOES NOT HAVE A N 3
103	103	ELECTED CHIEF EXECUT IVE OFFICER, THE COUNTY COUNCIL ; OR 4
104	104
105	105	(II) FOR A CHARTER COUNTY THAT HAS AN ELECTED CHIEF 5
106	106	EXECUTIVE OFFICER , THE COUNTY COUNCIL O R THE COUNTY COUNCIL AND THE 6
107	107	COUNTY EXECUTIVE , AS PROVIDED BY THE C OUNTY CHARTER ; OR 7
108	108
109	109	(2) FOR A CODE OR COMMISS ION COUNTY , THE COUNTY 8
110	110	COMMISSIONERS . 9
111	111
112	112	(J) “MANAGEMENT EMPLO YEE” MEANS AN EMPLOYEE WH O GENERALLY 10
113	113	HAS AUTHORITY AND WH O: 11
114	114
115	115	(1) FORMULATES POLICY THA T IS APPLICABLE THRO UGHOUT A 12
116	116	BARGAINING UNIT ; 13
117	117
118	118	(2) HAS A SIGNIFICANT ROL E IN PERSONNEL ADMIN ISTRATION, 14
119	119	EMPLOYEE RELATIONS , OR THE PREPARATION A ND ADMINISTRATION OF BUDGETS 15
120	120	FOR THE EMPLOYER ; OR 16
121	121
122	122	(3) MAY REASONABLY BE REQ UIRED TO: 17
123	123
124	124	(I) ASSIST DIRECTLY IN TH E PREPARATION FOR AN D CONDUCT 18
125	125	OF COLLECTIVE B ARGAINING NEGOTIATIO NS ON BEHALF OF THE EMPLOYER; OR 19
126	126
127	127	(II) HAVE A MAJOR ROLE IN THE ADMINISTRATION O F 20
128	128	RESULTING COLLECTIVE BARGAINING AGREEMENT S. 21
129	129
130	130	(K) (1) “PUBLIC LIBRARY SYSTEM ” MEANS A COUNTY PUBLI C LIBRARY 22
131	131	SYSTEM. 23
132	132
133	133	(2) “PUBLIC LIBRARY SYSTEM ” DOES NOT INCLUDE: 24
134	134
135	135	(I) THE PUBLIC LIBRARY SY STEM OF BALTIMORE COUNTY, 25
136	136	MONTGOMERY COUNTY, OR PRINCE GEORGE’S COUNTY; OR 26
137	137
138	138	(II) THE ENOCH PRATT FREE LIBRARY. 27
139	139	4 SENATE BILL 352
140	140
141	141
142	142	(L) “SUPERVISORY EMPLOYEE ” MEANS AN EMPLOYEE WH O IS AUTHORIZED 1
143	143	TO: 2
144	144
145	145	(1) HIRE, TRANSFER, SUSPEND, LAY OFF, RECALL, PROMOTE, 3
146	146	DISCHARGE, ASSIGN, REWARD, OR DISCIPLINE EMPLOY EES; 4
147	147
148	148	(2) RESPONSIBLY DIRECT EM PLOYEES FOR MORE THA N 50% OF THE 5
149	149	EMPLOYEE’S WORKING HOURS ; OR 6
150	150
151	151	(3) ADDRESS AND RESOLVE T HE GRIEVANCES OF EMP LOYEES. 7
152	152
153	153	23–902. 8
154	154
155	155	(A) AN EMPLOYEE WHO MAY EFFECTIVELY RECOMMEND AN ACTION LISTED 9
156	156	IN § 23–901(L) OF THIS SUBTITLE MAY BE DEEMED A SUPERVIS ORY EMPLOYEE IF 10
157	157	THE EMPLOYEE ’S EXERCISE OF THE AU THORITY REQUIRES THE EXERCISE OF 11
158	158	INDEPENDENT JUDGMENT AND IS NOT MERELY OF A ROUTINE OR CLERICA L 12
159	159	NATURE. 13
160	160
161	161	(B) THE EXERCISE OF ANY S INGLE FUNCTION LISTE D IN § 23–901(L) OF 14
162	162	THIS SUBTITLE MAY NO T NECESSARILY REQUIR E THE CONCLUSION THA T THE 15
163	163	INDIVIDUAL EXERCISIN G THAT FUNCTION IS I N FACT A SUPERVISORY EMPLOYEE 16
164	164	WITHIN THE MEANING O F THE DEFINITION . 17
165	165
166	166	(C) IN DIFF ERENTIATING A SUPERV ISORY EMPLOYEE FROM A 18
167	167	NONSUPERVISORY EMPLO YEE: 19
168	168
169	169	(1) A CLASS TITLE ALONE MA Y NOT BE THE BASIS F OR 20
170	170	DETERMINATION ; AND 21
171	171
172	172	(2) THE NATURE OF THE SUP ERVISORY EMPLOYEE ’S WORK, 22
173	173	INCLUDING WHETHER A SIGNIFICANT PORTION OF THE SUPERVISORY E MPLOYEE’S 23
174	174	WORKING TIME IS SPEN T AS PART OF A TEAM THAT INCLUDES NONSUP ERVISORY 24
175	175	EMPLOYEES SHALL BE C ONSIDERED. 25
176	176
177	177	23–903. 26
178	178
179	179	EMPLOYEES OF THE EMPL OYER MAY: 27
180	180
181	181	(1) FORM, JOIN, AND PARTICIPATE IN A N EMPLOYEE ORGANIZAT ION; 28
182	182
183	183	(2) BARGAIN COLLECTIVELY THROUGH A CERTIF IED EXCLUSIVE 29
184	184	REPRESENTATIVE OF TH EIR CHOICE; 30 SENATE BILL 352 5
185	185
186	186
187	187
188	188	(3) ENGAGE IN LAWFUL CONC ERTED ACTIVITIES FOR THEIR MUTUAL 1
189	189	AID AND PROTECTION ; AND 2
190	190
191	191	(4) REFRAIN FROM ANY ACTI VITY COVERED UNDER I TEMS (1) 3
192	192	THROUGH (3) OF THIS SECTION. 4
193	193
194	194	23–904. 5
195	195
196	196	(A) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE RE PRESENTATIVE 6
197	197	HAVE A RESPONSIBILIT Y TO ENGAGE IN GOOD FAITH BARGAINING OVE R MATTERS 7
198	198	REQUIRED BY LAW . 8
199	199
200	200	(B) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE 9
201	201	JOINTLY SHALL BE RES PONSIBLE FOR FOSTERI NG A POSITIVE LABOR RELATIONS 10
202	202	ENVIRONMENT BASED ON MUTUAL TRUST , RESPECT, COMMUNICATION , AND 11
203	203	COOPERATION . 12
204	204
205	205	(C) THE GOAL OF COLLECTIV E BARGAINING IS THE DELIVERY OF QUALITY 13
206	206	PUBLIC SERVICES TO T HE RESIDENTS OF THE STATE IN A MANNER THA T IS 14
207	207	CONSISTENT AND COMPL IANT WITH LAW. 15
208	208
209	209	23–905. 16
210	210
211	211	(A) THE EMPLOYER SHALL RE COGNIZE THE RIGHT OF THE CERTIFIED 17
212	212	EXCLUSIVE REPRESENTA TIVE TO REPRESENT TH E EMPLOYEES IN THE U NIT IN 18
213	213	COLLECTIVE BARGAININ G AND IN THE GRIEVAN CE PROCESS. 19
214	214
215	215	(B) THE CERTIFIED EXCLUSI VE REPRESENTATIVE OF A UNIT SHALL: 20
216	216
217	217	(1) SERVE AS THE SOLE AGENT FOR T HE UNIT IN COLLECTIV E 21
218	218	BARGAINING; AND 22
219	219
220	220	(2) REPRESENT ALL EMPLOYE ES IN THE UNIT FAIRL Y AND IN GOOD 23
221	221	FAITH, IN A MANNER THAT IS NOT ARBITRARY OR DIS CRIMINATORY . 24
222	222
223	223	23–906. 25
224	224
225	225	(A) (1) AN EMPLOYEE ORGANIZAT ION SEEKING CERTIFIC ATION AS THE 26
226	226	EXCLUSIVE REPRESENTATIV E FOR THE BARGAINING UNIT OF EMPLOYEES MA Y FILE 27
227	227	A PETITION WITH THE DIRECTOR INDICATING THIS INTENT. 28
228	228	6 SENATE BILL 352
229	229
230	230
231	231	(2) THE PETITION MAY BE F ILED ONLY IN THE MON TH OF 1
232	232	SEPTEMBER. 2
233	233
234	234	(3) THE PETITION SHALL CO NTAIN: 3
235	235
236	236	(I) A REQUEST THAT THE BOA RD RECOGNIZE THE EMPLOY EE 4
237	237	ORGANIZATION AS THE EXCLUSIVE REPRESENTA TIVE OF THE EMPLOYEE S IN THE 5
238	238	BARGAINING UNIT ; 6
239	239
240	240	(II) A STATEMENT THAT THE E MPLOYEE ORGANIZATION IS ONE 7
241	241	IN WHICH EMPLOYEES P ARTICIPATE AND THAT HAS AS ONE OF ITS PU RPOSES THE 8
242	242	REPRESENTATION OF PUBLIC EMPLOYEES IN MATTERS OF WAGES , HOURS, AND 9
243	243	OTHER TERMS AND COND ITIONS OF EMPLOYMENT ; 10
244	244
245	245	(III) A STATEMENT THAT THE E MPLOYEE ORGANIZATION HAS NO 11
246	246	TERMS OR CONDITIONS OF MEMBERSHIP THAT D ISCRIMINATE WITH REG ARD TO 12
247	247	RACE, COLOR, CREED, GENDER, AGE, POLITICAL AFFILIATIO N, NATIONAL ORIGIN , 13
248	248	RELIGION, MARITAL STATUS , OR DISABILITY; AND 14
249	249
250	250	(IV) A STATEMENT THAT THE E MPLOYEE ORGANIZATION HAS IN 15
251	251	ITS POSSESSION WRITT EN PROOF DATED NOT M ORE THAN 12 MONTHS BEFORE THE 16
252	252	DAY ON WHICH THE PET ITION IS FILED ESTAB LISHING THAT AT LEAST 30% OF THE 17
253	253	EMPLOYEES IN THE BAR GAINING UNIT HAVE DE SIGNATED THE EMPLOYE E 18
254	254	ORGANIZATION TO REPR ESENT THEM IN THEIR EMPLOYMENT RELATIONS WITH THE 19
255	255	EMPLOYER. 20
256	256
257	257	(4) BEFORE A PETITION MAY BE PROCESSED , THE PROOF OF 21
258	258	INTEREST SUBMITTED S HALL BE VERIFIED AS PROVIDED IN THIS SECTION. 22
259	259
260	260	(5) THE EMPLOYEE ORGANIZA TION AND THE EMPLOYE R SHALL 23
261	261	EQUALLY BEAR ANY COS TS ASSOCIATED WITH T HE VERIFICATION . 24
262	262
263	263	(B) (1) WHEN AN EMPLOYEE ORGA NIZATION OR EMPLOYEE S IN A 25
264	264	BARGAINING UNIT FILE A PETITION WITH THE DIRECTOR, THE EMPLOYEE 26
265	265	ORGANIZATION OR EMPL OYEES SHALL SUBMIT T O A NEUTRAL DECISION MAKER 27
266	266	FROM THE FEDERAL MEDIATION AND CONCILIATION SERVICE THE 28
267	267	AUTHORIZATION CARDS SIGNED AND DATED BY AT LEAST 30% OF THE EMPLOYEES 29
268	268	IN THE BARGAINING UN IT NOT MORE THAN 12 MONTHS BEFORE THE DAY THE 30
269	269	PETITION WAS FILED I NDICATING, AS APPROPRIATE , THAT THE EMPLOYEES H AVE 31
270	270	DESIGNATED THE EMPLO YEE ORGANIZATION TO REPRESENT THEM IN TH EIR 32
271	271	EMPLOYMENT RELATIONS WITH THE PUBLIC LIBR ARY SYSTEM ADMINISTR ATION. 33
272	272	SENATE BILL 352 7
273	273
274	274
275	275	(2) THE EMPLOYEE ORGANIZA TION SHALL COPY THE DIREC TOR ON 1
276	276	THE REQUEST FOR A NE UTRAL DECISION MAKER IN ORDER FOR THE PUB LIC 2
277	277	LIBRARY SYSTEM TO RE CEIVE NOTICE OF THE SELECTION OF THE NEU TRAL 3
278	278	DECISION MAKER FOR T HE CERTIFICATION PRO CESS. 4
279	279
280	280	(C) (1) NOT MORE THAN 7 CALENDAR DAYS AFTER THE DAY ON WHICH 5
281	281	THE DIRECTOR RECEIVE S NOTICE OF THE ASSI GNMENT OF A NEUTRAL DECISION 6
282	282	MAKER BY THE FEDERAL MEDIATION AND CONCILIATION SERVICE, THE DIRECTOR 7
283	283	SHALL SUBMIT TO THE NEUTRAL DECISION MAK ER A LIST OF EMPLOYE ES IN THE 8
284	284	BARGAINING UNIT . 9
285	285
286	286	(2) IF THE DIRECTOR FAILS TO SUBMIT THE LIST OF EMPLOYEE S TO 10
287	287	THE NEUTRAL DECISION MAKER WITHIN THE REQ UIRED TIME, IT SHALL BE 11
288	288	CONCLUSIVELY DEEMED THAT AT LEAST 30% OF THE EMPLOYEES IN THE 12
289	289	BARGAINING UNIT HAVE INDICATED A DESIRE T O BE REPRESENTED BY THE 13
290	290	EMPLOYEE ORGANIZATI ON. 14
291	291
292	292	(D) (1) THE NEUTRAL DECISION MAKER SHALL CHECK TH E WRITTEN 15
293	293	AUTHORIZATION CARDS SUBMITTED BY THE EMP LOYEE ORGANIZATION O R THE 16
294	294	EMPLOYEES AGAINST TH E LIST OF EMPLOYEES SUBMITTED BY THE DIR ECTOR. 17
295	295
296	296	(2) IF THE NEUTRAL DECISI ON MAKER DETERMINES THAT AT LEAST 18
297	297	30% OF THE EMPLOYEES ON THE LIST HAVE INDICA TED A DESIRE TO BE 19
298	298	REPRESENTED BY THE E MPLOYEE ORGANIZATION OR TO DECERTIFY AN E XCLUSIVE 20
299	299	REPRESENTATIVE , THE NEUTRAL DECISION MAKER SHALL NOTIFY T HE DIRECTOR 21
300	300	OF THE DETERMINATION . 22
301	301
302	302	(3) THE DIRECTOR MAY VOLU NTARILY RECOGNIZE TH E EMPLOYEE 23
303	303	ORGANIZATION AS THE CERTIFIED BARGAINING REPRESENTATIVE OF TH E 24
304	304	EMPLOYEES AT ISSUE , OR THE PARTIES MAY P ROCEED TO HOLD AN EL ECTION TO 25
305	305	DETERMINE REPRESENTA TION IN ACCORDANCE W ITH THIS SECTION. 26
306	306
307	307	(E) AN ELECTION MAY NOT B E CONDUCTED IN A BARGAINING UNIT UNLESS 27
308	308	AT LEAST 1 YEAR HAS PASSED SINC E THE LAST ELECTION HELD IN THE BARGAINI NG 28
309	309	UNIT. 29
310	310
311	311	(F) (1) THE DIRECTOR SHALL NO TIFY ALL EMPLOYEES W ITHIN THE 30
312	312	PROPOSED BARGAINING UNIT THAT AN ELECTIO N WILL BE HELD AND R EQUEST A 31
313	313	NEUTRAL DECIS ION MAKER FROM THE FEDERAL MEDIATION AND CONCILIATION 32
314	314	SERVICE TO OVERSEE AN D CONDUCT AN ELECTIO N BY SECRET BALLOT . 33
315	315
316	316	(2) THE BALLOT FOR AN ELE CTION SHALL INCLUDE THE FOLLOWING 34
317	317	CHOICES: 35 8 SENATE BILL 352
318	318
319	319
320	320
321	321	(I) IN ACCORDANCE WITH TH E ISSUES PRESENTED B Y THE 1
322	322	PETITION OR PETITIONS, EXCLUSIVE REPRESENTA TION BY ANY EMPLOYEE 2
323	323	ORGANIZATION SEEKING TO OBTAIN OR CONTINU E REPRESENTATION RIG HTS; AND 3
324	324
325	325	(II) NO EXCLUSIVE REPRESEN TATION. 4
326	326
327	327	(G) AN EMPLOYEE ORGANIZAT ION MAY INTERVENE IN THE ELECTION AND 5
328	328	HAVE ITS NAME PLACED ON THE BALLOT IF: 6
329	329
330	330	(1) THE EMPLOYEE ORGANIZA TION FILES A PETITIO N NOT MORE 7
331	331	THAN 15 CALENDAR DAYS AFTER THE DATE ON WHICH TH E ORIGINAL PETITION IS 8
332	332	FILED; 9
333	333
334	334	(2) THE EMPLOYEE ORGANIZA TION CERTIFIES THAT AT LEAST 30% 10
335	335	OF THE EMPLOYEES OF THE UNIT HAVE DESIGN ATED THE E MPLOYEE 11
336	336	ORGANIZATION TO REPR ESENT THEM IN THEIR EMPLOYMENT RELATIONS WITH THE 12
337	337	PUBLIC LIBRARY SYSTE M ADMINISTRATION ; AND 13
338	338
339	339	(3) THE SHOWING OF INTERE ST IS VERIFIED AS PR OVIDED IN THIS 14
340	340	SECTION. 15
341	341
342	342	(H) (1) THE ELECTION SHALL BE CONDUCTED ACCORDING TO THE 16
343	343	PROCEDURES ESTABLISHED BY THE FEDERAL MEDIATION AND CONCILIATION 17
344	344	SERVICE NEUTRAL DECIS ION MAKER CONDUCTING THE ELECTION. 18
345	345
346	346	(2) AN EMPLOYEE ORGANIZAT ION SHALL BE CERTIFI ED AS 19
347	347	EXCLUSIVE REPRESENTA TIVE FOLLOWING AN EL ECTION IF THE EMPLOY EE 20
348	348	ORGANIZATION HAS REC EIVED THE VOTE OF A MAJ ORITY OF THE VALID V OTES CAST 21
349	349	IN THE BARGAINING UN IT IN WHICH THE ELEC TION IS HELD. 22
350	350
351	351	(3) (I) IF AN ELECTION INCLUD ES THREE OR MORE CHO ICES AND 23
352	352	NO CHOICE RECEIVES A MAJORITY OF THE VALI D VOTES CAST , THE NEUTRAL 24
353	353	DECISION MAKER SHALL CONDUCT A RUNOFF ELECTI ON BETWEEN THE TWO 25
354	354	CHOICES THAT RECEIVE D THE LARGEST NUMBER OF VALID VOTES CAST . 26
355	355
356	356	(II) THE CHOICE RECEIVING THE MAJORITY OF THE VALID 27
357	357	VOTES CAST IN THE RU NOFF ELECTION SHALL BE CERTIFIED. 28
358	358
359	359	(4) THE NEUTRAL DECISION MAKER CONDUCTING THE ELECTION 29
360	360	SHALL ISSUE TO ALL T HE PARTICIPANTS IN A N ELECTION A CERTIFI CATION OF 30
361	361	REPRESENTATION , IF AN EMPLOYEE ORGAN IZATION IS CERTIFIED , OR THE RESULTS 31
362	362	OF THE ELECTION , IF NO REPRESENTATIVE IS CHOSEN. 32 SENATE BILL 352 9
363	363
364	364
365	365
366	366	(I) (1) IF THE DIRECTOR DISAG REES WITH THE PETITI ONING EMPLOYEE 1
367	367	ORGANIZATION OR THE PETITIONING EMPLOYEE S AS TO THE INCLUSIO N OR 2
368	368	EXCLUSION OF SPECIFI C EMPLOYEES AND CLAS SIFICATIONS OF EMPLO YEES IN THE 3
369	369	BARGAINING UNIT , ALL THE EMPLOYEES IN THE PETITIONED –FOR GROUP SHALL 4
370	370	HAVE THE OPPORTUNITY TO VOTE IN THE ELECTION. 5
371	371
372	372	(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE BALLOTS 6
373	373	OF CHALLENGED EMPLOY EES SHALL REMAIN SEA LED AND BE SET ASIDE UNTIL THE 7
374	374	BALLOTS OF EMPLOYEES WHO ARE NOT IN DISPU TE HAVE BEEN TALLIED . 8
375	375
376	376	(3) (I) IF THE TOTAL NUMBER O F BALLOTS OF CHALLEN GED 9
377	377	EMPLOYEES DOES NOT H AVE AN IMPACT ON THE ELECTION RESULT , THE PARTIES: 10
378	378
379	379	1. MAY NOT COUNT THE BAL LOTS OF CHALLENGED 11
380	380	EMPLOYEES; AND 12
381	381
382	382	2. SHALL RESOLVE THE DIS PUTE OVER THE 13
383	383	CHALLENGED EMPLOYEES AFTER THE EL ECTION IS CERTIFIED THROUGH A 14
384	384	HEARING OR COLLECTIV E BARGAINING. 15
385	385
386	386	(II) IF THE TOTAL NUMBER O F BALLOTS OF CHALLEN GED 16
387	387	EMPLOYEES DOES HAVE AN IMPACT ON THE ELE CTION RESULT, THE PARTIES SHALL 17
388	388	IMMEDIATELY REFER TH E DISPUTE TO THE NEU TRAL DECISION MAKER FROM THE 18
389	389	FEDERAL MEDIATION AND CONCILIATION SERVICE TO RESOLVE TH E DISPUTE. 19
390	390
391	391	(4) (I) THE NEUTRAL DECISION MAKER SHALL HOLD A H EARING 20
392	392	ON THE DISPUTE REFER RED UNDER PARAGRAPH (3)(II) OF THIS SUBSECTION W ITH 21
393	393	THE PARTIES PRESENTI NG EVIDENCE ON THEIR POSITIONS. 22
394	394
395	395	(II) IF THE NEUTRAL DECISI ON MAKER FINDS THAT 23
396	396	CHALLENGED EMPLOYEES ARE PROPERLY INCLUDE D WITHIN THE BARGAIN ING 24
397	397	UNIT, THE BALLOTS OF THE C HALLENGED EMPLOYEES SHALL BE COUNTED IN THE 25
398	398	TOTAL TALLY FOR THE ELECTION. 26
399	399
400	400	(III) THE NEUTRAL DECISION MAKER’S FINDINGS SHALL BE 27
401	401	FINAL AND BINDING ON THE PARTIES. 28
402	402
403	403	(J) (1) IF EMPLOYEES ARE REPR ESENTED BY AN EMPLOY EE 29
404	404	ORGANIZATION , EMPLOYEES MAY FILE A PETITION WITH THE DI RECTOR THAT 30
405	405	CONTAINS THE FOLLOWI NG: 31
406	406	10 SENATE BILL 352
407	407
408	408
409	409	(I) AN ASSERTION THAT THE MAJORITY OF THE EMPL OYEES NO 1
410	410	LONGER WISH TO BE REPRES ENTED BY THE EMPLOYE E ORGANIZATION ; 2
411	411
412	412	(II) A STATEMENT THAT THE E MPLOYEES HAVE IN THE IR 3
413	413	POSSESSION SUBSTANTI VE DOCUMENTARY PROOF , DATED NOT MORE THAN 6 4
414	414	MONTHS BEFORE THE DA Y ON WHICH THE PETIT ION IS FILED, THAT AT LEAST 30% 5
415	415	OF THE EMP LOYEES WITHIN THE BA RGAINING UNIT APPROV E OF THE 6
416	416	DECERTIFICATION OF T HE EMPLOYEE ORGANIZA TION; AND 7
417	417
418	418	(III) A STATEMENT EXPLAINING THAT THE EMPLOYEES A RE 8
419	419	SEEKING DECERTIFICAT ION OF THE EMPLOYEE ORGANIZATION AS THE EXCLUSIVE 9
420	420	REPRESENTATIVE FOR T HE BARGAINING UNIT . 10
421	421
422	422	(2) (I) THE PETITION SHALL BE PROCESSED AS DESCRIB ED IN 11
423	423	THIS SECTION , INCLUDING VERIFICATI ON OF PROOF OF INTER EST AND AN 12
424	424	ELECTION. 13
425	425
426	426	(II) AN EMPLOYEE ORGANIZAT ION SHALL BE DECERTI FIED AS 14
427	427	EXCLUSIVE REPRESENTA TIVE FOLLOWING AN EL ECTION IF THE MAJORITY OF T HE 15
428	428	VALID VOTES CAST IN THE UNIT IN WHICH TH E ELECTION IS HELD A RE FOR NO 16
429	429	REPRESENTATION . 17
430	430
431	431	23–907. 18
432	432
433	433	(A) IF AN EMPLOYEE ORGANI ZATION IS CERTIFIED AS DESCRIBED IN THIS 19
434	434	SUBTITLE, THE EMPLOYER AND THE EMPLOYEE ORGANIZATIO N SHALL ENTER INTO 20
435	435	A COLLECTIVE BARGAIN ING AGREEMENT THAT C ONTAINS PROVISIONS R EGARDING: 21
436	436
437	437	(1) WAGES, HOURS, AND TERMS AND CONDIT IONS OF EMPLOYMENT ; 22
438	438
439	439	(2) THE ORDERLY PROCESSIN G AND SETTLEMENT OF GRIEVANCES 23
440	440	REGARDING THE INTERP RETATION AND IMPLEME NTATION OF THE COLLE CTIVE 24
441	441	BARGAINING AGREEMENT ; AND 25
442	442
443	443	(3) OTHER TOPICS THAT THE PARTIES MAY MUTUALLY AGREE TO 26
444	444	THAT WERE SUITABLE F OR BARGAINING . 27
445	445
446	446	(B) (1) THE EMPLOYER AUTOMATI CALLY SHALL DEDUCT F ROM THE 28
447	447	PAYCHECK OF AN EMPLO YEE WHO IS A MEMBER OF THE BARGAINING UN IT 29
448	448	REPRESENTED BY THE CERTIFIED EXCLUS IVE REPRESENTATIVE D UES AUTHORIZED 30
449	449	AND OWED BY THE EMPL OYEE TO THE CERTIFIE D EXCLUSIVE REPRESEN TATIVE IF 31
450	450	THE EMPLOYEE SUBMITS TO THE EMPLOYER A DU ES DEDUCTION AUTHORI ZATION 32
451	451	CARD THAT HAS BEEN D ULY EXECUTED BY THE EMPLOYEE. 33 SENATE BILL 352 11
452	452
453	453
454	454
455	455	(2) ANY DUES DEDUCTED FROM PA YCHECKS UNDER PARAGR APH (1) 1
456	456	OF THIS SUBSECTION S HALL BE REMITTED TO THE CERTIFIED EXCLUS IVE 2
457	457	REPRESENTATIVE . 3
458	458
459	459	(3) THE EMPLOYER AUTOMATI CALLY SHALL STOP MAK ING PAYROLL 4
460	460	DEDUCTIONS UNDER PAR AGRAPH (1) OF THIS SUBSECTION O N BEHALF OF A 5
461	461	CERTIFIED EXCLUSIVE REP RESENTATIVE IF: 6
462	462
463	463	(I) THE CERTIFIED EXCLUSI VE REPRESENTATIVE IS 7
464	464	DECERTIFIED; 8
465	465
466	466	(II) THE CERTIFIED EXCLUSI VE REPRESENTATIVE ’S RIGHT TO 9
467	467	DUES IS REVOKED ; 10
468	468
469	469	(III) THE EMPLOYEE CEASES T O BE A MEMBER OF THE 11
470	470	BARGAINING UNIT REPR ESENTED BY THE CERTIFIED EXCL USIVE REPRESENTATIVE ; 12
471	471	OR 13
472	472
473	473	(IV) THE EMPLOYEE RESIGNS FROM MEMBERSHIP IN T HE 14
474	474	EMPLOYEE ORGANIZATIO N. 15
475	475
476	476	(C) THIS SECTION MAY NOT BE CONSTRUED TO : 16
477	477
478	478	(1) AUTHORIZE OR OTHERWIS E ALLOW AN EMPLOYEE TO ENGAGE IN 17
479	479	A STRIKE OR WORK STO PPAGE, AS THOSE TERMS ARE DEFI NED IN § 23–912 OF THIS 18
480	480	SUBTITLE; OR 19
481	481
482	482	(2) RESTRICT THE AUTHORIT Y OF THE GOVERNING B ODY TO 20
483	483	DETERMINE THE BUDGET OF THE EMPLOYER . 21
484	484
485	485	(D) (1) A COLLECTIVE BARGAININ G AGREEMENT ENTERED INTO UNDER 22
486	486	SUBSECTION (A) OF THIS SECTION SHAL L BE EFFECTIVE ON RATIFIC ATION BY THE 23
487	487	MAJORITY OF VOTES CA ST BY THE EMPLOYEES IN THE BARGAINING UN IT AND 24
488	488	APPROVAL BY THE DIRE CTOR AND BOARD . 25
489	489
490	490	(2) A SINGLE–YEAR OR MULTIYEAR CO LLECTIVE BARGAINING 26
491	491	AGREEMENT SHALL EXPI RE AT THE CLOSE OF T HE COUNTY’S FISCAL YEAR. 27
492	492
493	493	23–908. 28
494	494
495	495	(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 29
496	496	THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL REACH 30 12 SENATE BILL 352
497	497
498	498
499	499	AN AGREEMENT BY MARCH 1 OF THE YEAR IN WHICH A COLLECTIVE BARGAIN ING 1
500	500	AGREEMENT WILL EXPIR E. 2
501	501
502	502	(2) SUBJECT TO PA RAGRAPH (3) OF THIS SUBSECTION , THE 3
503	503	EMPLOYER AND THE CER TIFIED EXCLUSIVE REP RESENTATIVE MUTUALLY MAY 4
504	504	AGREE TO EXTEND NEGO TIATIONS FOR A PERIO D NOT TO EXTEND PAST JUNE 30 OF 5
505	505	THE YEAR IN WHICH A COLLECTIVE BARGAININ G AGREEMENT WILL EXP IRE. 6
506	506
507	507	(3) ANY EXTENSION MUST ACKNOWLEDGE ANY RELEVANT COUNTY 7
508	508	BUDGETARY DEADLINES IN WRITING TO ENSURE THAT PARTIES MEET CR UCIAL 8
509	509	FUNDING DEADLINES . 9
510	510
511	511	(B) AN IMPASSE IS REACHED DURING THE NEGOTIATI ONS BETWEEN THE 10
512	512	EMPLOYER AND THE CER TIFIED EXCLUSIVE REP RESENTATIVE IF THE E MPLOYER 11
513	513	AND THE CERTIFIED EX CLUSIVE REPRESENTATI VE DO NOT REACH AN A GREEMENT 12
514	514	BY: 13
515	515
516	516	(1) STATING THEY HAVE MUT UALLY AGREED THAT TH EY ARE AT AN 14
517	517	IMPASSE; 15
518	518
519	519	(2) MARCH 1 OF THE YEAR IN WHICH A COLLECTIVE BARGAIN ING 16
520	520	AGREEMENT WILL EXPIR E; OR 17
521	521
522	522	(3) IF NEGOTIATIONS WE RE EXTENDED , THE DATE TO WHICH 18
523	523	NEGOTIATIONS WERE EX TENDED UNDER SUBSECT ION (A)(2) OF THIS SECTION. 19
524	524
525	525	(C) (1) IF AN IMPASSE IS REAC HED UNDER SUBSECTION (B) OF THIS 20
526	526	SECTION, THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL 21
527	527	SUBMIT A FINAL OFFER TO THE OTHER PARTY WI THIN 48 HOURS AFTER THE 22
528	528	IMPASSE IS REACHED . 23
529	529
530	530	(2) UNLESS THE IMPASSE RE ACHED UNDER SUBSECTI ON (B) OF THIS 24
531	531	SECTION HAS BEEN RES OLVED, THE DISPUTE AND THE FINAL OFFERS SHALL B E 25
532	532	SUBMITTED TO THE MED IATOR SELECTED BY TH E PARTIES IN ACCORDA NCE WITH 26
533	533	SUBSECTION (D) OF THIS SECTION. 27
534	534
535	535	(D) (1) WITHIN 30 DAYS AFTER A MEDIATO R IS SELECTED BY THE 28
536	536	PARTIES, THE MEDIATOR SHALL : 29
537	537
538	538	(I) MEET WITH THE DIRECTO R AND THE CERTIFIED EXCLUSIVE 30
539	539	REPRESENTATIVE ; AND 31
540	540	SENATE BILL 352 13
541	541
542	542
543	543	(II) MAKE WRITTEN FINDINGS OF FACT AND 1
544	544	RECOMMENDATIONS FOR THE RESOLUTION OF TH E DISPUTE IN ACCORDA NCE WITH 2
545	545	THIS SUBSECTION . 3
546	546
547	547	(2) (I) IF THE PARTIES ARE UN ABLE TO AGREE ON A M EDIATOR, 4
548	548	THEY SHALL REQUEST A LIST OF SEVEN MEDIAT ORS FROM THE FEDERAL 5
549	549	MEDIATION AND CONCILIATION SERVICE. 6
550	550
551	551	(II) WITHIN 3 WORKING DAYS AFTER R ECEIVING THE LIST 7
552	552	UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE PARTIES SHALL 8
553	553	ALTERNATELY REMOVE O NE MEDIATOR FROM THE LIST UNTIL ONLY ONE MEDIATOR 9
554	554	REMAINS, WHO THE PARTIES SHAL L AGREE WILL SERVE A S THE MEDIATOR UNDER 10
555	555	THIS SUBSECTION. 11
556	556
557	557	(3) THE MEDIATOR SHALL AC T AS AN INTERMEDIARY IN BRINGING 12
558	558	THE PARTIES TOGETHER AND SHALL ACTIVELY A SSIST THE PARTIES IN RESOLVING 13
559	559	THE DISPUTE BY: 14
560	560
561	561	(I) CONDUCTING PROCEEDING S IN ACCORDANCE WITH THIS 15
562	562	SUBSECTION; 16
563	563
564	564	(II) REVIEWING THE FINAL P OSITIONS OF THE PARTIES ; 17
565	565
566	566	(III) IDENTIFYING THE MAJOR ISSUES IN THE DISPUT E BETWEEN 18
567	567	THE PARTIES; 19
568	568
569	569	(IV) REVIEWING THE POSITIO NS OF THE PARTIES ; AND 20
570	570
571	571	(V) RECOMMENDING A RESOLU TION FOR THE AGREEME NT OF 21
572	572	THE PARTIES. 22
573	573
574	574	(4) A RESOLUTION UNDER THI S SUBSECTION: 23
575	575
576	576	(I) SHALL ADDRESS MATTERS SUCH AS WAGES , HOURS, OR 24
577	577	TERMS AND CONDITIONS OF EMPLOYMENT ; 25
578	578
579	579	(II) MAY NOT INCLUDE HEALT H CARE BENEFITS , UNLESS THE 26
580	580	BENEFITS ARE CONTRAC TED DIRECTLY THROUGH THE PUBLIC LIBRARY S YSTEM; 27
581	581	AND 28
582	582
583	583	(III) MAY NOT EXCEED 1 FISCAL YEAR, UNLESS AGREED TO BY 29
584	584	THE PARTIES. 30
585	585	14 SENATE BILL 352
586	586
587	587
588	588	(5) ANY RESOLUTION UNDER THIS SUBSECTION REGA RDING 1
589	589	PENSION BENEFITS SHA LL BE CONSTRUED AS A RECOMMENDATION TO OR 2
590	590	CONSIDERATION FOR TH E APPROPRIATE PENSIO N ADMINISTRATOR OF T HE STATE 3
591	591	OR RESPECTIVE COUNTY . 4
592	592
593	593	(6) (I) BEFORE ISSUING A FINA L DECISION, THE MEDIATOR SHALL 5
594	594	TAKE INTO CONSIDERAT ION, AMONG ANY OTHER RELE VANT FACTORS : 6
595	595
596	596	1. THE WAGES AND PENSION BENEFITS, NOT INCLUDING 7
597	597	HEALTH CARE BENEFITS , OF THE EMPLOYEES OF THE BARGAINING UNIT ; 8
598	598
599	599	2. THE WAGES AN D PENSION BENEFITS O F OTHER 9
600	600	SIMILARLY SITUATED E MPLOYEES PERFORMING SIMILAR SERVICES IN LIBRARIES 10
601	601	OF COMPARABLE COUNTI ES IN THE STATE, TAKING INTO CONSIDER ATION THE 11
602	602	COST–OF–LIVING INDEX FOR THE AREA IN WHICH THE CO MPARABLE COUNTY IS 12
603	603	LOCATED; 13
604	604
605	605	3. WAGES AND PENSION BENEFITS OF SIMILARLY 14
606	606	SITUATED COUNTY EMPL OYEES; 15
607	607
608	608	4. THE LAST PUBLISHED AN NUAL U.S. DEPARTMENT OF 16
609	609	LABOR CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR ALL ITEMS IN 17
610	610	THE WASHINGTON–BALTIMORE AREA ; 18
611	611
612	612	5. THE SPECIAL NATURE OF THE WORK PERF ORMED BY 19
613	613	THE EMPLOYEES OF THE BARGAINING UNIT , INCLUDING: 20
614	614
615	615	A. PHYSICAL REQUIREMENTS OF EMPLOYMENT ; 21
616	616
617	617	B. EDUCATIONAL REQUIREME NTS; 22
618	618
619	619	C. JOB TRAINING AND JOB SKILLS; AND 23
620	620
621	621	D. SHIFT ASSIGNMENTS AND THE DEMANDS PLACED O N 24
622	622	THE EMPLOYEES COMPAR ED TO THE DEMANDS PLACED O N OTHER SIMILARLY 25
623	623	SITUATED LIBRARY EMP LOYEES IN COMPARABLE COUNTY JURISDICTIONS ; 26
624	624
625	625	6. STATE AND COUNTY MAND ATED EXPENDITURES ; 27
626	626
627	627	7. SUBJECT TO SUBPARAGRA PH (II) OF THIS 28
628	628	PARAGRAPH , AVAILABILITY OF FUND S, INCLUDING FINANCIAL SOURCES OF 29
629	629	REVENUE; AND 30
630	630	SENATE BILL 352 15
631	631
632	632
633	633	8. THE INTEREST AND WELF ARE OF THE PUBLIC . 1
634	634
635	635	(II) IN CONSIDERING THE AV AILABILITY OF FUNDS FOR WAGE 2
636	636	INCREASES, THE MEDIATOR SHALL C ONSIDER THE GENERAL FUND REVENUES OF 3
637	637	THE RESPECTIVE COUNT Y AND ANY RELATED CO UNTY REPORTS ON REVE NUES. 4
638	638
639	639	(7) A MEDIATOR MAY NOT : 5
640	640
641	641	(I) RECOMMEND A WAGE INCR EASE WITHOUT APPROVA L OF 6
642	642	THE RESPECTIVE GOVER NING BODY; 7
643	643
644	644	(II) RECOMMEND A PENSION B ENEFIT INCREASE WITH OUT 8
645	645	APPROVAL OF THE APPR OPRIATE PENSION ADMI NISTRATOR OF THE STATE OR 9
646	646	COUNTY; OR 10
647	647
648	648	(III) CONSIDER TESTIMONY REG ARDING FUNDS FOR CAP ITAL 11
649	649	IMPROVEMENTS , SURPLUS CONTINGENCY , OR RESERVE FUNDS . 12
650	650
651	651	(8) (I) THE PARTIES ARE STRON GLY ENCOURAGED TO RE ACH AN 13
652	652	AGREEMENT ON ALL ISS UES WHENEVER POSSIBL E. 14
653	653
654	654	(II) IF NO AGREEMENT CAN B E REACHED BY THE PAR TIES, THE 15
655	655	MEDIATOR SHALL ISSUE A REPORT WITH THE ME DIATOR’S DECISION, INCLUDING 16
656	656	WRITTEN FINDINGS OF FACT. 17
657	657
658	658	(9) THE MEDIATOR MAY ADOP T A PACKAGE OF FINAL POSITIONS OR 18
659	659	RULE ON EACH MATTER SEPARATELY. 19
660	660
661	661	(10) THE MEDIATOR SHALL SU BMIT COPIES OF THE M EDIATOR’S 20
662	662	WRITTEN FINDINGS AND RE COMMENDATIONS TO THE DIRECTOR AND THE 21
663	663	CERTIFIED EXCLUSIVE REPRESENTATIVE ON OR BEFORE THE IMMEDIATE LY 22
664	664	FOLLOWING APRIL 2. 23
665	665
666	666	(11) ANY COSTS ASSOCIATED WITH THIS SUBSECTION SHALL BE 24
667	667	SHARED EQUALLY BY TH E EMPLOYER AND THE C ERTIFIED EXCLUSI VE 25
668	668	REPRESENTATIVE . 26
669	669
670	670	(12) THIS SUBSECTION MAY N OT BE CONSTRUED TO I NTERFERE WITH 27
671	671	ANY EFFORTS THE PART IES MAY UNDERTAKE TO REACH AN AGREEMENT A T ANY 28
672	672	TIME. 29
673	673
674	674	(13) THE GOVERNING BODY IS NOT BOUND BY ANY DEC ISION MADE 30
675	675	UNDER THIS SUBSECTIO N. 31 16 SENATE BILL 352
676	676
677	677
678	678
679	679	(14) THIS SUBSECTION SHALL BE THE EXCLUSIVE PROCED URE FOR 1
680	680	RESOLVING DISPUTES B ETWEEN THE PARTIES , UNLESS THE PARTIES , BY MUTUAL 2
681	681	AGREEMENT , DETERMINE TO USE ANO THER METHOD OF DISPU TE RESOLUTION . 3
682	682
683	683	(E) (1) THE DIRECTOR SHALL SU BMIT THE FINDINGS AN D 4
684	684	RECOMMENDATIONS OF THE MEDIATOR TO THE BOARD IN A TIMELY MA NNER 5
685	685	CONSISTENT WITH THE TIMING OF PARAGRAPH (2) OF THIS SUBSECTION . 6
686	686
687	687	(2) THE BOARD SHALL APPRO VE ALL RECOMMENDATIO NS AND 7
688	688	FINDINGS OF THE MEDI ATOR THAT DO NOT REL ATE TO A FINANCIAL I SSUE OR 8
689	689	REQUIRE AN APPROPRIA TION OF ADDITIONAL FUNDS WITHIN 5 DAYS AFTER THE 9
690	690	MEDIATOR’S DECISION. 10
691	691
692	692	23–909. 11
693	693
694	694	(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE BOARD 12
695	695	SHALL SUBMIT A TERM OF A COLLECTIVE BARG AINING AGREEMENT OR 13
696	696	MEMORANDUM OF UNDERS TANDING ENTERED INTO UNDER THIS SUBT ITLE TO THE 14
697	697	GOVERNING BODY WITH THE BOARD’S RECOMMENDATION REG ARDING WHETHER 15
698	698	THE AGREEMENT OR THE MEDIATOR’S DECISION REQUIRES AN APPROPRIATION OF 16
699	699	ADDITIONAL FUNDS . 17
700	700
701	701	(2) THE SUBMISSION REQUIR ED UNDER THIS SUBSEC TION SHALL BE 18
702	702	MADE IN A TIMELY MAN NER, TO ENSURE ANY RELEVANT C OUNTY BUDGETARY 19
703	703	DEADLINES ARE NOT MI SSED. 20
704	704
705	705	(B) (1) THE GOVERNING BODY MA Y APPROVE OR REJECT A REQUEST FOR 21
706	706	ADDITIONAL FUNDING U NDER SUBSECTION (A) OF THIS SECTION , IN WHOLE OR IN 22
707	707	PART. 23
708	708
709	709	(2) IF THE GOVERNING BODY APPROVES A REQUEST U NDER 24
710	710	PARAGRAPH (1) OF THIS SUBSECTION , THE GOVERNING BODY S HALL TAKE ALL 25
711	711	ACTIONS NECESSARY TO PROCESS THE REQUEST FOR ADDITIONAL FUNDI NG. 26
712	712
713	713	(C) THE GOVERNING BODY MA Y APPROVE OR REJECT A REQUEST FOR 27
714	714	ADDITIONAL FUNDING , IN WHOLE OR IN PART . 28
715	715
716	716	(D) (1) IF ANY P ART OF A REQUEST FOR ADDITIONAL FUNDING 29
717	717	SUBMITTED TO THE GOV ERNING BODY UNDER TH IS SUBSECTION IS REJ ECTED, THE 30
718	718	REQUEST FOR ADDITION AL FUNDS SHALL BE RE TURNED TO THE EMPLOY ER AND 31
719	719	THE CERTIFIED EXCLUS IVE REPRESENTATIVE F OR RENEGOTIATION WIT HIN THE 32
720	720	LIMITS OF THE FUNDING ALLOCATE D BY THE GOVERNING B ODY. 33 SENATE BILL 352 17
721	721
722	722
723	723
724	724	(2) THE RENEGOTIATION SHA LL BE COMPLETED WITH IN A 1
725	725	TIMETABLE ESTABLISHE D BY THE GOVERNING B ODY. 2
726	726
727	727	(3) (I) IF AN IMPASSE IS REAC HED, THE EMPLOYER AND THE 3
728	728	CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL SUBMIT A FINAL OFFER, WITHIN 4
729	729	THE LIMITS OF THE FU NDING ALLOCATED BY T HE GOVERNING BODY , FOR THE 5
730	730	REVIEW OF THE GOVERN ING BODY. 6
731	731
732	732	(II) THE GOVERNING BODY SH ALL SELECT ONE OF TH E OFFERS 7
733	733	SUBMITTED UNDER SUBP ARAGRAPH (I) OF THIS PARAGRAPH . 8
734	734
735	735	(III) THE SELECTION OF THE GOVERNING BODY IS BIND ING ON 9
736	736	ALL PARTIES. 10
737	737
738	738	(E) (1) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE 11
739	739	REPRESENTATIVE ARE M UTUALLY OBLIGATED TO : 12
740	740
741	741	(I) MEET AT REASONABLE TI MES IN CONSIDERATION OF THE 13
742	742	COUNTY’S BUDGET SUBMISSION DATE; AND 14
743	743
744	744	(II) NEGOTIATE IN GOOD FAITH ON: 15
745	745
746	746	1. WAGES, HOURS, AND TERMS AND CONDIT IONS OF 16
747	747	EMPLOYMENT ; AND 17
748	748
749	749	2. DRAFTING A WRITTEN CO LLECTIVE BARGAINING 18
750	750	AGREEMENT THAT CONTA INS ALL MATTERS AGRE ED ON AND SIGNED BY 19
751	751	AUTHORIZED REPRESENT ATIVES OF BOTH PARTI ES. 20
752	752
753	753	(2) THE OBLIGATION TO NEGOTIATE IN GOOD FA ITH UNDER 21
754	754	PARAGRAPH (1)(II) OF THIS SUBSECTION : 22
755	755
756	756	(I) REQUIRES THAT AN EFFO RT BE MADE BY BOTH P ARTIES TO 23
757	757	ARRIVE AT AN AGREEME NT AND REDUCE THE AG REEMENT TO WRITING W ITHIN A 24
758	758	REASONABLE PERIOD OF TIME; AND 25
759	759
760	760	(II) DOES NOT REQUIRE THAT ANY CONCESSION BE MA DE BY 26
761	761	EITHER PARTY. 27
762	762
763	763	23–910. 28
764	764
765	765	(A) THE EMPLOYER MAY NOT : 29 18 SENATE BILL 352
766	766
767	767
768	768
769	769	(1) INTERFERE WITH , COERCE, UNDULY INFLUENCE , OR RESTRAIN 1
770	770	AN EMPLOYEE ’S EXERCISE OF RIGHTS UNDER THIS SUBTITLE ; 2
771	771
772	772	(2) DOMINATE, INTERFERE WITH , ASSIST IN THE FORMAT ION, 3
773	773	ADMINISTRATION, OR EXISTENCE OF , OR CONTRIBUTE FINANC IAL ASSISTANCE OR 4
774	774	OTHER SUPPORT TO AN EMPLOYEE ORGANIZATIO N; 5
775	775
776	776	(3) ENCOURAGE OR DISCOURA GE MEMBERSHIP IN AN EMPLOYEE 6
777	777	ORGANIZATION BY DISC RIMINATING AGAINST A N EMPLOYEE THROUGH H IRING, 7
778	778	TENURE, PROMOTION , OR OTHER CONDITIONS OF E MPLOYMENT ; OR 8
779	779
780	780	(4) REFUSE TO BARGAIN IN GOOD FAITH WITH AN E MPLOYEE 9
781	781	ORGANIZATION THAT IS THE EXCLUSIVE REPRES ENTATIVE OF THE EMPL OYEES. 10
782	782
783	783	(B) AN EMPLOYEE ORGANIZAT ION MAY NOT: 11
784	784
785	785	(1) INTERFERE WITH , COERCE, UNDULY INFLUENCE , OR RESTRAIN 12
786	786	AN EMPLOYEE ’S EXERCISE OF RIGHTS UNDER THIS SUBTITLE ; 13
787	787
788	788	(2) CAUSE OR ATTEMPT TO C AUSE THE EMPLOYER TO DISCRIMINATE 14
789	789	AGAINST AN EMPLOYEE BECAUSE THE EMPLOYEE EXERCISES A RIGHT UN DER THIS 15
790	790	SUBTITLE; 16
791	791
792	792	(3) DISCIPLINE OR FINE A MEMBER OF THE EMPLOY EE 17
793	793	ORGANIZATION AS PUNI SHMENT OR REPRISAL ; 18
794	794
795	795	(4) DISCIPLINE OR FINE A MEMBER OF THE EMPLOY EE 19
796	796	ORGANIZATION FOR THE PURPOSE OF IMPEDING THE MEMBER ’S WORK 20
797	797	PERFORMANCE ; OR 21
798	798
799	799	(5) REFUSE TO BARGAIN IN GOOD FAITH WITH THE EMPLOYER OR TO 22
800	800	PARTICIPATE IN GOOD FAITH IN A PROCEDURE UNDER THIS SUBTITLE. 23
801	801
802	802	(C) (1) AN EMPLOYEE WHO IS A MEMBER OF A BARGAINI NG UNIT WITH A 24
803	803	CERTIFIED EXCLUSIVE REPRESENTATIVE MAY , WITHOUT THE INTERVEN TION OF AN 25
804	804	EMPLOYEE ORGANIZATIO N, DISCUSS ANY MATTER W ITH THE EMPLOYER . 26
805	805
806	806	(2) THIS SUBSECTION DOES NOT WAIVE THE R IGHT OF THE 27
807	807	EMPLOYEE ORGANIZATIO N TO BE THE EXCLUSIV E BARGAINING REPRESE NTATIVE 28
808	808	FOR ISSUES RELATED T O WAGES, HOURS, AND WORKING CONDITIO NS AND IS NOT 29
809	809	INTENDED TO CREATE A N ALTERNATE PATH TO ALTER TERMS AND COND ITIONS OF 30
810	810	THE COLLECTIVE B ARGAINING AGREEMENT BETWEEN THE PARTIES . 31 SENATE BILL 352 19
811	811
812	812
813	813
814	814	23–911. 1
815	815
816	816	(A) NOTWITHSTANDING ANY O THER PROVISIONS OF L AW, IT IS THE 2
817	817	EXCLUSIVE RIGHT OF T HE EMPLOYER TO : 3
818	818
819	819	(1) DETERMINE THE PURPOSE S AND OBJECTIVES OF EACH OF ITS 4
820	820	CONSTITUENT OFFICES AND DEPARTMENTS ; 5
821	821
822	822	(2) SET STANDARDS OF SERVICES TO BE OFFERED TO THE PUBLIC; 6
823	823
824	824	(3) EXERCISE CONTROL AND DISCRETION OVER ITS ORGANIZATION 7
825	825	AND OPERATIONS ; AND 8
826	826
827	827	(4) DETERMINE THE METHODS , MEANS, PERSONNEL , AND OTHER 9
828	828	RESOURCES BY WHICH T HE EMPLOYER ’S OPERATIONS ARE TO BE CONDUCTED , 10
829	829	INCLUDING: 11
830	830
831	831	(I) THE USE OF VOLUNTEERS ; AND 12
832	832
833	833	(II) THE CONTRACTING OUT O F WORK IF CONSIDERED 13
834	834	NECESSARY. 14
835	835
836	836	(B) SUBJECT TO APPLICABLE PROVISIONS OF A COLL ECTIVE BARGAINING 15
837	837	AGREEMENT AND IN ACC ORDANCE WITH THE RES PECTIVE COUNTY CHART ER AND 16
838	838	OTHER APPLICABL E LAWS, THE EMPLOYER MAY : 17
839	839
840	840	(1) DIRECT ITS EMPLOYEES ; 18
841	841
842	842	(2) HIRE, PROMOTE, TRANSFER, ASSIGN, OR RETAIN EMPLOYEES ; 19
843	843
844	844	(3) ESTABLISH REASONABLE WORK RULES ; AND 20
845	845
846	846	(4) DEMOTE, SUSPEND, DISCHARGE, OR TAKE ANY OTHER 21
847	847	DISCIPLINARY ACTION AGAINST ITS EMPLOYEE S FOR JUST CAUSE. 22
848	848
849	849	(C) THE PROVISIONS OF THI S SECTION SHALL BE D EEMED TO BE PART OF 23
850	850	EVERY AGREEMENT EXEC UTED BETWEEN THE EMP LOYER AND A CERTIFIE D 24
851	851	EXCLUSIVE REPRESENTA TIVE. 25
852	852
853	853	(D) THIS SECTION MAY NOT BE CONSTRUED TO DENY THE RIGHT OF AN 26
854	854	EMPLOYEE TO SUBMIT A GRIEVANCE WITH REGARD TO THE EMPLOYER ’S EXERCISE 27
855	855	OF ITS RIGHTS UNDER THIS SECTION. 28 20 SENATE BILL 352
856	856
857	857
858	858
859	859	(E) EXCEPT AS OTHERWISE P ROVIDED BY LAW , IF EMPLOYEES HAVE 1
860	860	ENTERED INTO A COLLE CTIVE BARGAINING AGR EEMENT WITH THE EMPL OYER 2
861	861	UNDER THIS SUBTITLE , THE COLLECTIVE BARGA INING AGREEMENT ENTERED INT O 3
862	862	SUPERSEDES ANY CONFL ICTING REGULATION OR ADMINISTRATIVE POLIC Y OF THE 4
863	863	EMPLOYER. 5
864	864
865	865	23–912. 6
866	866
867	867	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 7
868	868	INDICATED. 8
869	869
870	870	(2) “LOCKOUT” MEANS THE TEMPORARY WITHHOLDING OF WORK , BY 9
871	871	MEANS OF SHUTTING DOWN AN OPE RATION OR FUNCTION I N ORDER TO BRING 10
872	872	PRESSURE ON EMPLOYEE S OR ON THEIR REPRES ENTATIVES TO ACCEPT A CHANGE 11
873	873	IN COMPENSATION OR R IGHTS, PRIVILEGES, OBLIGATIONS, OR OTHER TERMS AND 12
874	874	CONDITIONS OF EMPLOY MENT. 13
875	875
876	876	(3) “SECONDARY BOYCOTT ” MEANS AN ACTIVITY BY AN EM PLOYEE 14
877	877	ORGANIZATION OR ITS MEMBERS THAT IS INTE NDED TO INDUCE , ENCOURAGE , OR 15
878	878	COERCE PERSONS DOING BUSINESS WITH THE EM PLOYER TO WITHHOLD , 16
879	879	WITHDRAW, OR IN ANY RESPECT CU RTAIL THEIR BUSINESS RELATIONS WITH THE 17
880	880	COUNTY. 18
881	881
882	882	(4) “STRIKE” MEANS THE REFUSAL OR FAI LURE BY AN EMPLOYEE OR 19
883	883	GROUP OF EMPLOYEES T O PERFORM THEIR DUTI ES OF EMPLOYMENT AS ASSIGNED 20
884	884	IF A PURPOSE OF THE REFUSAL OR FAILURE I S TO INDUCE, FORCE, OR REQUIRE THE 21
885	885	EMPLOYER TO ACT OR R EFRAIN FROM ACTING W ITH REGARD TO ANY MA TTER. 22
886	886
887	887	(5) “WORK STOPPAGE ” MEANS: 23
888	888
889	889	(I) THE WILLFUL ABSENCE O F A GROUP OF EMPLOYE ES FROM 24
890	890	THEIR POSITIONS ; 25
891	891
892	892	(II) THE ENGAGING IN A SLO WDOWN BY EMPLOYEES ; OR 26
893	893
894	894	(III) THE REFUSAL OF EMPLOY EES TO PERFORM JOB D UTIES. 27
895	895
896	896	(B) IN GENERAL, STRIKES, WORK STOPPAGES , LOCKOUTS, AND SECONDARY 28
897	897	BOYCOTTS ARE PROHIBI TED. 29
898	898	SENATE BILL 352 21
899	899
900	900
901	901	(C) (1) EMPLOYEES AND EMPLOYE E ORGANIZATIONS MAY NOT ENGAGE 1
902	902	IN, SPONSOR, INITIATE, SUPPORT, DIRECT, OR CONDONE A STRIKE , WORK 2
903	903	STOPPAGE, OR SECONDARY BOYCOTT . 3
904	904
905	905	(2) EMPLOYEE ORGANIZATION S MAY NOT ENGAGE IN , INITIATE, 4
906	906	SPONSOR, OR SUPPORT, DIRECTLY OR INDIRECT LY, PICKETING OF THE EMP LOYER, 5
907	907	ITS PROPERTY, OR FIELD OR OFFICE F ACILITIES IN FURTHER ANCE OF A STRIKE , 6
908	908	WORK STOPPAGE , OR SECONDARY BOYCOTT . 7
909	909
910	910	(D) IF AN EMPLOYEE ORGANI ZATION VIOLATES THIS SECTION, THE BOARD, 8
911	911	AFTER A MAJORITY VOT E, MAY: 9
912	912
913	913	(1) REVOKE THE EMPLOYEE O RGANIZATION’S DESIGNATION AS 10
914	914	CERTIFIED EXCLUSIVE REPRESENTATIVE ; 11
915	915
916	916	(2) DISQUALIFY THE EMPLOY EE ORGANIZATION FROM 12
917	917	PARTICIPATING IN REP RESENTATION ELECTION S FOR A PERIOD OF UP TO 2 YEARS; 13
918	918	AND 14
919	919
920	920	(3) TERMINATE IMMEDIATELY THE PAYROLL DEDUCTIO NS FOR THE 15
921	921	EMPLOYEE ORGANIZATIO N’S DUES. 16
922	922
923	923	(E) AN EMPLOYEE WHO VIOLA TES THIS SECTION IS SUBJECT TO IMMEDIATE 17
924	924	DISCIPLINARY ACTION , WHICH MAY INCLUDE PE RMANENT DISMISSAL FR OM THE 18
925	925	EMPLOYMENT BY THE EM PLOYER FOR JUST CAUSE. 19
926	926
927	927	(F) (1) THE EMPLOYER MAY NOT DIRECT A LOCKOUT AGA INST 20
928	928	EMPLOYEES. 21
929	929
930	930	(2) THIS SUBSECTION MAY N OT BE CONSTRUED TO P ROHIBIT THE 22
931	931	EMPLOYER FROM EXERCI SING ITS MANAGERIAL RIGHTS. 23
932	932
933	933	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effe ct July 24
934	934	1, 2023. 25
935	935