Maryland 2023 Regular Session

Maryland Senate Bill SB367 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		sb0367
9	6
10	7		SENATE BILL 367
11	8		P4, F5 3lr0846
12		-	CF ~~HB 984~~
	9	+	CF 3lr1214
13	10		By: Senator Lam
14	11		Introduced and read first time: January 31, 2023
15	12		Assigned to: Finance and Education, Energy, and the Environment
16		-	Committee Report: Favorable with amendments
17		-	Senate action: Adopted
18		-	Read second time: March 26, 2023
19		-
20		-	CHAPTER ______
	13	+
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Public Employee Relations Act 2
25	19
26	20		FOR the purpose of consolidating and altering certain laws governing collective bargaining 3
27	21		for certain public employees, including laws related to the establishment of 4
28	22		bargaining units, elections and certification of exclusive representatives, employee 5
29	23		and employer rights, unfair labor practices, and strikes and lockouts; establishing 6
30	24		the Public Employee Relations Board to oversee collective bargaining activities for 7
31	25		certain public employees; repealing the State Labor Relations Board, the State 8
32	26		Higher Education Labor Relations Board, and the Public School Labor Relations 9
33	27		Board; authorizing binding arbitration during collective bargaining negotiations 10
34	28		between public school employers and public employee exclusive representatives; 11
35	29		establishing that certain grievance procedures for State employees serve as a certain 12
36	30		procedure for certain disputes between certain parties; requiring the Office of 13
37	31		Administrative Hearings to resolve certain disputes regarding a certain 14
38	32		memorandum of understanding or written agreement under certain circumstances; 15
39	33		and generally relating to collective bargaining for public employees. 16
40	34
41	35		BY repealing 17
42	36		Article – Education 18
43	37		Section 6–403, 6–406, 6–407, 6–407.2, 6–409 through 6–411, 6–504, 6–506, 6–507, 19
44	38		6–509, 6–509.2, and 6–512 through 6–514; 6–801 through 6–807 and the 20
45	39		subtitle “Subtitle 8. Public School Labor Relations Board”; and 16–704 21
46	40		through 16–706, 16–710, 16–712, 16–714, and 16–715 22
47	41		Annotated Code of Maryland 23
48		-	(2022 Replacement Volume) 24 2 SENATE BILL 367
49		-
50		-
51		-
52		-	BY repealing 1
53		-	Article – State Personnel and Pensions 2
54		-	Section 3–201 through 3–209 and the subtitle “Subtitle 2. State Labor Relations 3
55		-	Board”; 3–2A–01 through 3–2A–09 and the subtitle “Subtitle 2A. State Higher 4
56		-	Education Labor Relations Board”; 3–301 through 3–307 and the subtitle 5
57		-	“Subtitle 3. Rights of Employees and Employers; Strikes, Lockouts, and 6
58		-	Unfair Labor Practices Prohibited”; and 3–401 through 3–407 and the subtitle 7
59		-	“Subtitle 4. Election and Certification of Exclusive Representative” 8
60		-	Annotated Code of Maryland 9
61		-	(2015 Replacement Volume and 2022 Supplement) 10
62		-
63		-	BY renumbering 11
64		-	Article – Education 12
65		-	Section 6–404, 6–405, 6–407.1, 6–408, 6–408.1, 6–505, 6–508, 6–509.1, 6–510, 13
66		-	16–707, 16–708, 16–709, 16–711, and 16–713 14
67		-	to be Section 6–403, 6–404, 6–405, 6–406, 6–407, 6–504, 6–505, 6–506, 6–507, 15
68		-	16–704, 16–705, 16–706, 16–707, and 16–708, respectively 16
69		-	Annotated Code of Maryland 17
70		-	(2022 Replacement Volume) 18
71		-
72		-	BY repealing and reenacting, with amendments, 19
73		-	Article – Education 20
74		-	Section 2–205(e)(4), 6–401, 6–402, 6–501, 6–503, 9.5–703(c)(2) and (3), 16–701, 21
75		-	16–702, and 16–703 22
76		-	Annotated Code of Maryland 23
77	42		(2022 Replacement Volume) 24
78	43
79		-	BY repealing and reenacting, with amendments, 25
80		-	Article – Education 26
81		-	Section 6–403, 6–404, 6–406(c)(3) and (e), 6–405, 6–504, 6–505, 6–506, 6–507(c)(3) 27
82		-	and (e), and 16–708 28
83		-	Annotated Code of Maryland 29
84		-	(2022 Replacement Volume) 30
85		-	(As enacted by Section 3 of this Act) 31
86		-
87		-	BY repealing and reenacting, with amendments, 32
88		-	Article – Health – General 33
89		-	Section 15–903(c)(2) and (3) 34
90		-	Annotated Code of Maryland 35
91		-	(2019 Replacement Volume and 2022 Supplement) 36
92		-
93		-	BY adding to 37
94		-	Article – State Government 38
95		-	Section 21–101 through 21–601 to be under the new title “Title 21. Public Employee 39
96		-	Relations” 40
	44	+	BY repealing 25
	45	+	Article – State Personnel and Pensions 26
	46	+	Section 3–201 through 3–209 and the subtitle “Subtitle 2. State Labor Relations 27
	47	+	Board”; 3–2A–01 through 3–2A–09 and the subtitle “Subtitle 2A. State Higher 28
	48	+	Education Labor Relations Board”; 3–301 through 3–307 and the subtitle 29 2 SENATE BILL 367
	49	+
	50	+
	51	+	“Subtitle 3. Rights of Employees and Employers; Strikes, Lockouts, and 1
	52	+	Unfair Labor Practices Prohibited”; and 3–401 through 3–407 and the subtitle 2
	53	+	“Subtitle 4. Election and Certification of Exclusive Representative” 3
	54	+	Annotated Code of Maryland 4
	55	+	(2015 Replacement Volume and 2022 Supplement) 5
	56	+
	57	+	BY renumbering 6
	58	+	Article – Education 7
	59	+	Section 6–404, 6–405, 6–407.1, 6–408, 6–408.1, 6–505, 6–508, 6–509.1, 6–510, 8
	60	+	16–707, 16–708, 16–709, 16–711, and 16–713 9
	61	+	to be Section 6–403, 6–404, 6–405, 6–406, 6–407, 6–504, 6–505, 6–506, 6–507, 10
	62	+	16–704, 16–705, 16–706, 16–707, and 16–708, respectively 11
	63	+	Annotated Code of Maryland 12
	64	+	(2022 Replacement Volume) 13
	65	+
	66	+	BY repealing and reenacting, with amendments, 14
	67	+	Article – Education 15
	68	+	Section 2–205(e)(4), 6–401, 6–402, 6–501, 6–503, 9.5–703(c)(2) and (3), 16–701, 16
	69	+	16–702, and 16–703 17
	70	+	Annotated Code of Maryland 18
	71	+	(2022 Replacement Volume) 19
	72	+
	73	+	BY repealing and reenacting, with amendments, 20
	74	+	Article – Education 21
	75	+	Section 6–403, 6–404, 6–406(c)(3) and (e), 6–504, 6–505, 6–506, 6–507(c)(3) and (e), 22
	76	+	and 16–708 23
	77	+	Annotated Code of Maryland 24
	78	+	(2022 Replacement Volume) 25
	79	+	(As enacted by Section 3 of this Act) 26
	80	+
	81	+	BY repealing and reenacting, with amendments, 27
	82	+	Article – Health – General 28
	83	+	Section 15–903(c)(2) and (3) 29
	84	+	Annotated Code of Maryland 30
	85	+	(2019 Replacement Volume and 2022 Supplement) 31
	86	+
	87	+	BY adding to 32
	88	+	Article – State Government 33
	89	+	Section 21–101 through 21–601 to be under the new title “Title 21. Public Employee 34
	90	+	Relations” 35
	91	+	Annotated Code of Maryland 36
	92	+	(2021 Replacement Volume and 2022 Supplement) 37
	93	+
	94	+	BY repealing and reenacting, with amendments, 38
	95	+	Article – State Personnel and Pensions 39
	96	+	Section 3–101, 3–501(e), and 3–502 40
97	97		Annotated Code of Maryland 41 SENATE BILL 367 3
98	98
99	99
100		-	(~~2021~~ Replacement Volume and 2022 Supplement) 1
101		-
102		-	BY ~~repealing and reenacting, with amendments,~~ 2
	100	+	(2015 Replacement Volume and 2022 Supplement) 1
	101	+
	102	+	BY adding to 2
103	103		Article – State Personnel and Pensions 3
104		-	Section 3–~~101, 3–501~~(e), and ~~3–502~~ 4
	104	+	Section 3–102(c) and (d) 4
105	105		Annotated Code of Maryland 5
106	106		(2015 Replacement Volume and 2022 Supplement) 6
107	107
108		-	BY adding to 7
109		-	Article – State Personnel and Pensions 8
110		-	Section 3–102(c) and (d) 9
111		-	Annotated Code of Maryland 10
112		-	(2015 Replacement Volume and 2022 Supplement) 11
113		-
114		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
115		-	That Section(s) 6–403, 6–406, 6–407, 6–407.2, 6–409 through 6–411, 6–504, 6–506, 6–507, 13
116		-	6–509, 6–509.2, 6–512 through 6–514; 6–801 through 6–807 and the subtitle “Subtitle 8. 14
117		-	Public School Labor Relations Board”; and 16–704 through 16–706, 16–710, 16–712, 15
118		-	16–714, and 16–715 of Article – Education of the Annotated Code of Maryland be repealed. 16
119		-
120		-	SECTION 2. AND BE IT FURTHER ENACTE D, That Section(s) 3–201 through 17
121		-	3–209 and the subtitle “Subtitle 2. State Labor Relations Board”; 3–2A–01 through 18
122		-	3–2A–09 and the subtitle “Subtitle 2A. State Higher Education Labor Relations Board”; 19
123		-	3–301 through 3–307 and the subtitle “Subtitle 3. Rights of Employees and Employers; 20
124		-	Strikes, Lockouts, and Unfair Labor Practices Prohibited”; and 3–401 through 3–407 and 21
125		-	the subtitle “Subtitle 4. Election and Certification of Exclusive Representative” of Article – 22
126		-	State Personnel and Pensions of the Annotated Code of Maryland be repealed. 23
127		-
128		-	SECTION 3. AND BE IT FURTHER ENACTED, That Section(s) 6 –404, 6–405, 24
129		-	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, 25
130		-	and 16–713 of Article – Education of the Annotated Code of Maryland be renumbered to be 26
131		-	Section(s) 6–403, 6–404, 6–405, 6–406, 6–407, 6–504, 6–505, 6–506, 6–507, 16–704, 16–705, 27
132		-	16–706, 16–707, and 16–708, respectively. 28
133		-
134		-	SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 29
135		-	as follows: 30
136		-
137		-	Article – Education 31
138		-
139		-	2–205. 32
140		-
141		-	(e) (4) (i) The Public [School Labor] EMPLOYEE Relations Board shall 33
142		-	decide any controversy or dispute arising under Title 6, Subtitle 4 or Subtitle 5 of this 34
143		-	article. 35
144		-
145		-	(ii) A decision of the Public [School Labor] EMPLOYEE Relations 36
146		-	Board is final. 37 4 SENATE BILL 367
147		-
148		-
149		-
150		-	6–401. 1
151		-
152		-	(a) In this subtitle the following words have the meanings indicated. 2
153		-
154		-	(b) “Board” means the Public [School Labor] EMPLOYEE Relations Board 3
155		-	[established under Subtitle 8 of this title]. 4
156		-
157		-	(b–1) “Day” means a calendar day unless otherwise indicated. 5
158		-
159		-	(c) “Employee organization” [means an organization that: 6
160		-
161		-	(1) Includes certificated employees of a public school employer or 7
162		-	individuals of equivalent status in Baltimore City; and 8
163		-
164		-	(2) Has as one of its main purposes the representation of the employees in 9
165		-	their relations with that public school employer] HAS THE MEANING STAT ED IN § 21–101 10
166		-	OF THE STATE GOVERNMENT ARTICLE. 11
167		-
168		-	(d) (1) “Home and hospital teacher” means a teacher employed by a public 12
169		-	school employer to provide instructional services to a public school student who is unable 13
170		-	to function effectively in the classroom setting due to the student’s medical, physical, or 14
171		-	emotional condition. 15
172		-
173		-	(2) A home and hospital teacher may teach in: 16
174		-
175		-	(i) A private home; 17
176		-
177		-	(ii) A hospital; 18
178		-
179		-	(iii) A therapeutic center; 19
180		-
181		-	(iv) A school; or 20
182		-
183		-	(v) Any other appropriate site. 21
184		-
185		-	(d–1) “New employee processing” means the process for a newly hired public school 22
186		-	employee, whether in person, online, or through other means, in which new employees are 23
187		-	advised of their employment status, rights, benefits, duties, responsibilities, and other 24
188		-	employment–related matters. 25
189		-
190		-	(e) (1) “Public school employee” means a certificated professional individual 26
191		-	who is employed by a public school employer or an individual of equivalent status in 27
192		-	Baltimore City, except for a county superintendent or an individual designated by the 28
193		-	public school employer to act in a negotiating capacity as provided in § 6–408(c) of this 29
194		-	subtitle. 30
195		-	SENATE BILL 367 5
196		-
197		-
198		-	(2) In Montgomery County, “public school employees” include: 1
199		-
200		-	(i) Certificated and noncertificated substitute teachers employed by 2
201		-	the public school employer for at least 7 days before March 1 of the school fiscal year ending 3
202		-	June 30, 1978, and each year after; and 4
203		-
204		-	(ii) Home and hospital teachers employed by the public school 5
205		-	employer for at least 7 days before March 1 of the school fiscal year ending June 30, 2000, 6
206		-	and each year after. 7
207		-
208		-	(3) In Baltimore County, “public school employee” includes a secondary 8
209		-	school nurse, an elementary school nurse, and a special school nurse. 9
210		-
211		-	(4) In Frederick County, “public school employee” includes a social worker 10
212		-	employed by a public school employer. 11
213		-
214		-	(5) In Prince George’s County, “public school employee” includes home and 12
215		-	hospital teachers and Junior Reserve Officer Training Corps (JROTC) instructors. 13
216		-
217		-	(6) In Baltimore County, Calvert County, Charles County, and Garrett 14
218		-	County, “public school employee” includes Junior Reserve Officer Training Corps (JROTC) 15
219		-	instructors. 16
220		-
221		-	(7) In Carroll County, “public school employee” includes: 17
222		-
223		-	(i) A registered nurse; 18
224		-
225		-	(ii) Supervisory noncertificated employees as defined under § 19
226		-	6–501(i) of this title; and 20
227		-
228		-	(iii) Junior Reserve Officer Training Corps (JROTC) instructors. 21
229		-
230		-	(f) “Public school employer” means a county board of education or the Baltimore 22
231		-	City Board of School Commissioners. 23
232		-
233		-	6–402. 24
234		-
235		-	(a) Public school employees may form, join, and participate in the activities of 25
236		-	employee organizations of their own choice for the purpose of being represented on all 26
237		-	matters that relate to salaries, wages, hours, and other working conditions. 27
238		-
239		-	[(b) An employee organization may establish reasonable: 28
240		-
241		-	(1) Restrictions as to who may join; and 29
242		-
243		-	(2) Provisions for the dismissal of individuals from membership.] 30
	108	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
	109	+	That Section(s) 6–403, 6–406, 6–407, 6–407.2, 6–409 through 6–411, 6–504, 6–506, 6–507, 8
	110	+	6–509, 6–509.2, 6–512 through 6–514; 6–801 through 6–807 and the subtitle “Subtitle 8. 9
	111	+	Public School Labor Relations Board”; and 16–704 through 16–706, 16–710, 16–712, 10
	112	+	16–714, and 16–715 of Article – Education of the Annotated Code of Maryland be repealed. 11
	113	+
	114	+	SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 3–201 through 12
	115	+	3–209 and the subtitle “Subtitle 2. State Labor Relations Board”; 3–2A–01 through 13
	116	+	3–2A–09 and the subtitle “Subtitle 2A. State Higher Education Labor Relations Board”; 14
	117	+	3–301 through 3–307 and the subtitle “Subtitle 3. Rights of Employees and Employers; 15
	118	+	Strikes, Lockouts, and Unfair Labor Practices Prohibited”; and 3–401 through 3–407 and 16
	119	+	the subtitle “Subtitle 4. Election and Certification of Exclusive Representative” of Article – 17
	120	+	State Personnel and Pensions of the Annotated Code of Maryland be repealed. 18
	121	+
	122	+	SECTION 3. AND BE IT FURTHER ENACTED, That Section(s) 6–404, 6–405, 19
	123	+	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, 20
	124	+	and 16–713 of Article – Education of the Annotated Code of Maryland be renumbered to be 21
	125	+	Section(s) 6–403, 6–404, 6–405, 6–406, 6–407, 6–504, 6–505, 6–506, 6–507, 16–704, 16–705, 22
	126	+	16–706, 16–707, and 16–708, respectively. 23
	127	+
	128	+	SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 24
	129	+	as follows: 25
	130	+
	131	+	Article – Education 26
	132	+
	133	+	2–205. 27
	134	+
	135	+	(e) (4) (i) The Public [School Labor] EMPLOYEE Relations Board shall 28
	136	+	decide any controversy or dispute arising under Title 6, Subtitle 4 or Subtitle 5 of this 29
	137	+	article. 30
	138	+
	139	+	(ii) A decision of the Public [School Labor] EMPLOYEE Relations 31
	140	+	Board is final. 32
	141	+
	142	+	6–401. 33
	143	+
	144	+	(a) In this subtitle the following words have the meanings indicated. 34
	145	+	4 SENATE BILL 367
	146	+
	147	+
	148	+	(b) “Board” means the Public [School Labor] EMPLOYEE Relations Board 1
	149	+	[established under Subtitle 8 of this title]. 2
	150	+
	151	+	(b–1) “Day” means a calendar day unless otherwise indicated. 3
	152	+
	153	+	(c) “Employee organization” [means an organization that: 4
	154	+
	155	+	(1) Includes certificated employees of a public school employer or 5
	156	+	individuals of equivalent status in Baltimore City; and 6
	157	+
	158	+	(2) Has as one of its main purposes the representation of the employees in 7
	159	+	their relations with that public school employer] HAS THE MEANING STAT ED IN § 21–101 8
	160	+	OF THE STATE GOVERNMENT ARTICLE. 9
	161	+
	162	+	(d) (1) “Home and hospital teacher” means a teacher employed by a public 10
	163	+	school employer to provide instructional services to a public school student who is unable 11
	164	+	to function effectively in the classroom setting due to the student’s medical, physical, or 12
	165	+	emotional condition. 13
	166	+
	167	+	(2) A home and hospital teacher may teach in: 14
	168	+
	169	+	(i) A private home; 15
	170	+
	171	+	(ii) A hospital; 16
	172	+
	173	+	(iii) A therapeutic center; 17
	174	+
	175	+	(iv) A school; or 18
	176	+
	177	+	(v) Any other appropriate site. 19
	178	+
	179	+	(d–1) “New employee processing” means the process for a newly hired public school 20
	180	+	employee, whether in person, online, or through other means, in which new employees are 21
	181	+	advised of their employment status, rights, benefits, duties, responsibilities, and other 22
	182	+	employment–related matters. 23
	183	+
	184	+	(e) (1) “Public school employee” means a certificated professional individual 24
	185	+	who is employed by a public school employer or an individual of equivalent status in 25
	186	+	Baltimore City, except for a county superintendent or an individual designated by the 26
	187	+	public school employer to act in a negotiating capacity as provided in § 6–408(c) of this 27
	188	+	subtitle. 28
	189	+
	190	+	(2) In Montgomery County, “public school employees” include: 29
	191	+
	192	+	(i) Certificated and noncertificated substitute teachers employed by 30
	193	+	the public school employer for at least 7 days before March 1 of the school fiscal year ending 31
	194	+	June 30, 1978, and each year after; and 32 SENATE BILL 367 5
	195	+
	196	+
	197	+
	198	+	(ii) Home and hospital teachers employed by the public school 1
	199	+	employer for at least 7 days before March 1 of the school fiscal year ending June 30, 2000, 2
	200	+	and each year after. 3
	201	+
	202	+	(3) In Baltimore County, “public school employee” includes a secondary 4
	203	+	school nurse, an elementary school nurse, and a special school nurse. 5
	204	+
	205	+	(4) In Frederick County, “public school employee” includes a social worker 6
	206	+	employed by a public school employer. 7
	207	+
	208	+	(5) In Prince George’s County, “public school employee” includes home and 8
	209	+	hospital teachers and Junior Reserve Officer Training Corps (JROTC) instructors. 9
	210	+
	211	+	(6) In Baltimore County, Calvert County, Charles County, and Garrett 10
	212	+	County, “public school employee” includes Junior Reserve Officer Training Corps (JROTC) 11
	213	+	instructors. 12
	214	+
	215	+	(7) In Carroll County, “public school employee” includes: 13
	216	+
	217	+	(i) A registered nurse; 14
	218	+
	219	+	(ii) Supervisory noncertificated employees as defined under § 15
	220	+	6–501(i) of this title; and 16
	221	+
	222	+	(iii) Junior Reserve Officer Training Corps (JROTC) instructors. 17
	223	+
	224	+	(f) “Public school employer” means a county board of education or the Baltimore 18
	225	+	City Board of School Commissioners. 19
	226	+
	227	+	6–402. 20
	228	+
	229	+	(a) Public school employees may form, join, and participate in the activities of 21
	230	+	employee organizations of their own choice for the purpose of being represented on all 22
	231	+	matters that relate to salaries, wages, hours, and other working conditions. 23
	232	+
	233	+	[(b) An employee organization may establish reasonable: 24
	234	+
	235	+	(1) Restrictions as to who may join; and 25
	236	+
	237	+	(2) Provisions for the dismissal of individuals from membership.] 26
	238	+
	239	+	(B) PUBLIC SCHOOL EMPLOYE ES, PUBLIC SCHOOL EMPLOYERS , AND 27
	240	+	EXCLUSIVE REPRESENTA TIVES ARE SUBJECT TO THE PROVISIONS OF TITLE 21 OF 28
	241	+	THE STATE GOVERNMENT ARTICLE. 29
244	242		6 SENATE BILL 367
245	243
246	244
247		-	~~(B) PUBLIC SCHOOL EMPLOYE ES, PUBLIC SCHOOL EMPLOY ERS, AND~~ 1
248		-	~~EXCLUSIVE REPRESENTA TIVES ARE SUBJECT TO THE PROVISIONS OF TITLE 21 OF 2~~
249		-	~~THE STATE GOVERNMENT ARTICLE.~~ 3
250		-
251		-	~~6–403~~. 4
252		-
253		-	(a) ~~[Each public school employer shall designate,~~ as provided in this ~~subtitle~~, 5
254		-	~~which~~ employee ~~organization, if any, shall be the exclusive representative of all public~~ 6
255		-	~~school employees in a specified unit in~~ the ~~county~~. 7
256		-
257		-	~~(b) (1) Except as provided in paragraph~~ (2) ~~of this subsection~~, ~~the public~~ school 8
258		-	~~employer shall determine the composition~~ of ~~the unit in negotiation with any employee~~ 9
259		-	~~organization that requests negotiation concerning~~ the ~~composition of~~ the unit. 10
260		-
261		-	(2)] In ~~St. Mary’s~~ County~~, licensed registered school nurses, Junior Reserve~~ 11
262		-	~~Officers’ Training Corps (JROTC) teachers, and supervisory noncertificated employees of 12~~
263		-	the ~~public school employer~~ shall ~~be included in the unit.~~ 13
264		-
265		-	[(c)~~] (B)~~ (1) ~~There may not be more than two units in a county~~. 14
266		-
267		-	(2) ~~In Baltimore County,~~ ~~one of the units shall consist of~~ employees ~~who~~ 15
268		-	~~are administrative and supervisory certificated employees. The second unit shall consist of 16~~
269		-	~~all other public school employees as defined under § 6–401(e)~~(1) ~~and (3)~~ of ~~this subtitle.~~ 17
270		-
271		-	~~[(d)]~~ (C) ~~All eligible public school employees shall:~~ 18
272		-
273		-	~~(1) Be included in one of these units; and 19~~
274		-
275		-	~~(2) Have the rights granted in this subtitle AND TITLE 21 OF THE STATE 20~~
276		-	~~GOVERNMENT ARTICLE.~~ 21
277		-
278		-	~~6–404. 22~~
279		-
280		-	~~(a) [The designation~~ of ~~an employee organization as an exclusive representative~~ 23
281		-	~~shall be made~~ as ~~provided~~ in ~~this section.~~ 24
282		-
283		-	~~(b) If an employee organization certifies to~~ the ~~public school employer that it has 25~~
284		-	~~a membership enrollment of at least 30 percent of the total number of public school 26~~
285		-	~~employees in~~ a ~~specified unit in a county as of June 1 of the year in which certification is~~ 27
286		-	~~made, this certification is a request for recognition as exclusive representative~~ of ~~all~~ public 28
287		-	school employees in the ~~specified unit in the county.~~ 29
288		-
289		-	~~(c) If another employee organization certifies that it has a membership 30~~
290		-	~~enrollment of at least 10 percent~~ of the ~~total number~~ of ~~public school employees in the unit~~ 31
291		-	~~as of the same June 1, an election shall be held in which the~~ public school employees in the 32
292		-	~~unit shall be offered the opportunity to choose: 33~~ SENATE BILL 367 7
293		-
294		-
295		-
296		-	~~(1) One of the employee organizations as the exclusive representative of all 1~~
297		-	~~public school employees in the unit;~~ or 2
298		-
299		-	(2) ~~Not to have exclusive representation.~~ 3
300		-
301		-	~~(d) If no other employee organization certifies that it has a membership 4~~
302		-	~~enrollment of at least 10 percent of~~ the ~~total number of public school employees in the unit, 5~~
303		-	~~on the request of the employee organization under subsection (b) of this section, an election 6~~
304		-	~~shall be held and the ballot shall offer a choice between:~~ 7
305		-
306		-	(1) ~~Exclusive representation by~~ the organization~~; and~~ 8
307		-
308		-	~~(2) Not to have exclusive representation.~~ 9
309		-
310		-	(e) ~~The public school employer shall designate the~~ employee organization 10
311		-	~~described in subsection (b)~~ of ~~this section as~~ the ~~exclusive representative~~ of ~~all~~ public school 11
312		-	~~employees in the specified unit in a county if: 12~~
313		-
314		-	(1) ~~No other employee organization certifies that it has a membership 13~~
315		-	~~enrollment of at least 10 percent of the total number of public school employees in the unit; 14~~
316		-
317		-	~~(2)~~ The ~~employee organization does not request an election under 15~~
318		-	~~subsection (d) of this section; and 16~~
319		-
320		-	~~(3) The employee organization certifies that it has a membership 17~~
321		-	~~enrollment~~ of ~~the majority~~ of the public ~~school employees in the unit in the county.~~ 18
322		-
323		-	~~(f) (1)~~ The ~~Board shall adopt rules and regulations for:~~ 19
324		-
325		-	~~(i) Verifying the number of certificated employees of the public 20~~
326		-	~~school employer or individuals~~ of ~~equivalent status in Baltimore City who are members in 21~~
327		-	~~good standing of an employee organization on the date of the certification or who have 22~~
328		-	~~signed a petition under this section; and 23~~
329		-
330		-	~~(ii) Holding elections under this section and the certification of their 24~~
331		-	~~results.~~ 25
332		-
333		-	~~(2) The Board shall provide for supervision of these elections. 26~~
334		-
335		-	~~(3) The elections]~~ ~~AN ELECTION HELD UNDE R TITLE 21, SUBTITLE 4 27~~
336		-	~~OF THE STATE GOVERNMENT ARTICLE shall be held: 28~~
337		-
338		-	~~[(i)] (1) In each school facility where public employees are 29~~
339		-	~~assigned~~ on a ~~regularly scheduled~~ school ~~day;~~ 30
340		-
341		-	~~[(ii)] (2) In a manner assuring the secrecy of the ballot; and 31 8 SENATE BILL 367~~
342		-
343		-
344		-
345		-	~~[(iii)] (3) On a regular working day for public school employees, 1~~
346		-	~~between June 1 and June 15, inclusive, except~~ in ~~Baltimore City where~~ the ~~elections shall 2~~
347		-	~~be held between November 1 and November 15 following~~ the ~~date on which certification~~ of 3
348		-	~~required membership enrollment is made~~. 4
349		-
350		-	~~[(4) In any election held under this section,~~ the ~~employee organization that 5~~
351		-	~~receives the largest number of votes cast in a unit shall be declared to be the exclusive 6~~
352		-	~~representative of all~~ public school ~~employees in the unit.~~ ~~If the largest number of votes in 7~~
353		-	the ~~election is cast not to have exclusive representation, a representative may not be 8~~
354		-	~~designated for the unit. 9~~
355		-
356		-	~~(5)] (B) The public school employer shall provide any assistance required 10~~
357		-	~~in holding~~ the ~~elections.~~ 11
358		-
359		-	~~6–405~~. 12
360		-
361		-	(a) (1) ~~(i) Each public school employer shall provide~~ the ~~exclusive 13~~
362		-	~~representative access to new employee processing.~~ 14
363		-
364		-	~~(ii) Except as provided in subparagraph (iii) of this paragraph, the 15~~
365		-	~~public school employer shall provide the exclusive representative at least 10 days’ notice in 16~~
366		-	~~advance of a new employee processing.~~ 17
367		-
368		-	~~(iii)~~ The ~~public school employer may provide the exclusive 18~~
369		-	~~representative with less than 10 days’ notice if there is an urgent need critical to the public 19~~
370		-	school employer~~’s new~~ employee ~~processing that was not reasonably foreseeable. 20~~
371		-
372		-	~~(2) (i) The structure, time, and manner of the access required in 21~~
373		-	~~paragraph (1) of this subsection shall be determined through negotiations between the 22~~
374		-	~~public school employer~~ and ~~the exclusive representative in accordance with [§~~ ~~6–408] § 23~~
375		-	~~6–406~~ of ~~this subtitle~~. 24
376		-
377		-	(ii) ~~When negotiating access~~ to ~~new employee processing under 25~~
378		-	~~subparagraph (i) of this paragraph,~~ ~~if any dispute has not been resolved within 45 days 26~~
379		-	~~after the first meeting of the public school employer and the exclusive representative, or 27~~
380		-	~~within 60 days after an initial request to negotiate, whichever occurs first, either party may~~ 28
381		-	~~request that the Board declare an impasse under [§ 6–408(e)] § 6–406(E) of this subtitle. 29~~
382		-
383		-	~~(iii) In an impasse proceeding under [§ 6–408(e)] § 6–406(E) of this~~ 30
384		-	~~subtitle, the mediator or Board shall consider: 31~~
385		-
386		-	~~1. The ability of the exclusive representative to communicate 32~~
387		-	~~with~~ the ~~public school employees it represents; 33~~
	245	+	6–403. 1
	246	+
	247	+	(a) [Each public school employer shall designate, as provided in this subtitle, 2
	248	+	which employee organization, if any, shall be the exclusive representative of all public 3
	249	+	school employees in a specified unit in the county. 4
	250	+
	251	+	(b) (1) Except as provided in paragraph (2) of this subsection, the public school 5
	252	+	employer shall determine the composition of the unit in negotiation with any employee 6
	253	+	organization that requests negotiation concerning the composition of the unit. 7
	254	+
	255	+	(2)] In St. Mary’s County, licensed registered school nurses, Junior Reserve 8
	256	+	Officers’ Training Corps (JROTC) teachers, and supervisory noncertificated employees of 9
	257	+	the public school employer shall be included in the unit. 10
	258	+
	259	+	[(c)] (B) (1) There may not be more than two units in a county. 11
	260	+
	261	+	(2) In Baltimore County, one of the units shall consist of employees who 12
	262	+	are administrative and supervisory certificated employees. The second unit shall consist of 13
	263	+	all other public school employees as defined under § 6–401(e)(1) and (3) of this subtitle. 14
	264	+
	265	+	[(d)] (C) All eligible public school employees shall: 15
	266	+
	267	+	(1) Be included in one of these units; and 16
	268	+
	269	+	(2) Have the rights granted in this subtitle AND TITLE 21 OF THE STATE 17
	270	+	GOVERNMENT ARTICLE. 18
	271	+
	272	+	6–404. 19
	273	+
	274	+	(a) [The designation of an employee organization as an exclusive representative 20
	275	+	shall be made as provided in this section. 21
	276	+
	277	+	(b) If an employee organization certifies to the public school employer that it has 22
	278	+	a membership enrollment of at least 30 percent of the total number of public school 23
	279	+	employees in a specified unit in a county as of June 1 of the year in which certification is 24
	280	+	made, this certification is a request for recognition as exclusive representative of all public 25
	281	+	school employees in the specified unit in the county. 26
	282	+
	283	+	(c) If another employee organization certifies that it has a membership 27
	284	+	enrollment of at least 10 percent of the total number of public school employees in the unit 28
	285	+	as of the same June 1, an election shall be held in which the public school employees in the 29
	286	+	unit shall be offered the opportunity to choose: 30
	287	+
	288	+	(1) One of the employee organizations as the exclusive representative of all 31
	289	+	public school employees in the unit; or 32
	290	+	SENATE BILL 367 7
	291	+
	292	+
	293	+	(2) Not to have exclusive representation. 1
	294	+
	295	+	(d) If no other employee organization certifies that it has a membership 2
	296	+	enrollment of at least 10 percent of the total number of public school employees in the unit, 3
	297	+	on the request of the employee organization under subsection (b) of this section, an election 4
	298	+	shall be held and the ballot shall offer a choice between: 5
	299	+
	300	+	(1) Exclusive representation by the organization; and 6
	301	+
	302	+	(2) Not to have exclusive representation. 7
	303	+
	304	+	(e) The public school employer shall designate the employee organization 8
	305	+	described in subsection (b) of this section as the exclusive representative of all public school 9
	306	+	employees in the specified unit in a county if: 10
	307	+
	308	+	(1) No other employee organization certifies that it has a membership 11
	309	+	enrollment of at least 10 percent of the total number of public school employees in the unit; 12
	310	+
	311	+	(2) The employee organization does not request an election under 13
	312	+	subsection (d) of this section; and 14
	313	+
	314	+	(3) The employee organization certifies that it has a membership 15
	315	+	enrollment of the majority of the public school employees in the unit in the county. 16
	316	+
	317	+	(f) (1) The Board shall adopt rules and regulations for: 17
	318	+
	319	+	(i) Verifying the number of certificated employees of the public 18
	320	+	school employer or individuals of equivalent status in Baltimore City who are members in 19
	321	+	good standing of an employee organization on the date of the certification or who have 20
	322	+	signed a petition under this section; and 21
	323	+
	324	+	(ii) Holding elections under this section and the certification of their 22
	325	+	results. 23
	326	+
	327	+	(2) The Board shall provide for supervision of these elections. 24
	328	+
	329	+	(3) The elections] AN ELECTION HELD UNDE R TITLE 21, SUBTITLE 4 25
	330	+	OF THE STATE GOVERNMENT ARTICLE shall be held: 26
	331	+
	332	+	[(i)] (1) In each school facility where public employees are 27
	333	+	assigned on a regularly scheduled school day; 28
	334	+
	335	+	[(ii)] (2) In a manner assuring the secrecy of the ballot; and 29
	336	+
	337	+	[(iii)] (3) On a regular working day for public school employees, 30
	338	+	between June 1 and June 15, inclusive, except in Baltimore City where the elections shall 31 8 SENATE BILL 367
	339	+
	340	+
	341	+	be held between November 1 and November 15 following the date on which certification of 1
	342	+	required membership enrollment is made. 2
	343	+
	344	+	[(4) In any election held under this section, the employee organization that 3
	345	+	receives the largest number of votes cast in a unit shall be declared to be the exclusive 4
	346	+	representative of all public school employees in the unit. If the largest number of votes in 5
	347	+	the election is cast not to have exclusive representation, a representative may not be 6
	348	+	designated for the unit. 7
	349	+
	350	+	(5)] (B) The public school employer shall provide any assistance required 8
	351	+	in holding the elections. 9
	352	+
	353	+	6–406. 10
	354	+
	355	+	(c) (3) A public school employer may not negotiate [the school calendar, the 11
	356	+	maximum number of students assigned to a class, or] any matter that is precluded by 12
	357	+	applicable statutory law. 13
	358	+
	359	+	(e) (1) If, on the request of either party, the Board determines from the facts 14
	360	+	that an impasse is reached in negotiations between a public school employer and an 15
	361	+	employee organization that is designated as an exclusive negotiating agent, the Board shall 16
	362	+	within 10 calendar days: 17
	363	+
	364	+	(i) Request last and best offers from the public school employer and 18
	365	+	the employee organization, which may not include items or topics not previously raised in 19
	366	+	the bargaining process; and 20
	367	+
	368	+	(ii) Order the public school employer and the employee organization 21
	369	+	to commence mediation within 14 days after the Board’s determination that an impasse 22
	370	+	has been reached. 23
	371	+
	372	+	(2) The last and best offers shall list separately every term or condition of 24
	373	+	employment in dispute and the demand of the party making the last and best offer. 25
	374	+
	375	+	(3) Within 5 calendar days after an order to mediate, the parties shall 26
	376	+	select [a mediator] AN ARBITRATOR by: 27
	377	+
	378	+	(i) Agreement; or 28
	379	+
	380	+	(ii) Alternate striking from a list of seven neutral parties furnished 29
	381	+	by: 30
	382	+
	383	+	1. The Federal Mediation and Conciliation Service; or 31
	384	+
	385	+	2. The American Arbitration Association. 32
388	386		SENATE BILL 367 9
389	387
390	388
391		-	2. The legal obligations of the exclusive representative to the 1
392		-	public school employees; 2
393		-
394		-	3. Applicable State, federal, and local laws; 3
395		-
396		-	4. Any stipulations of the parties; 4
397		-
398		-	5. The interests and welfare of the public school employees 5
399		-	and the financial condition of the public school employer; 6
400		-
401		-	6. The structure, time, and manner of access of an exclusive 7
402		-	representative to new employee processing in comparable public school employers, 8
403		-	including the access provisions in other memoranda of understanding or collective 9
404		-	bargaining agreements; and 10
405		-
406		-	7. Any other facts routinely considered in establishing the 11
407		-	structure, time, and manner of access of an exclusive representative to new employee 12
408		-	processing. 13
409		-
410		-	(3) (i) A request to negotiate under paragraph (2) of this subsection 14
411		-	made between July 1, 2018, and the expiration date of an existing collective bargaining 15
412		-	agreement between the parties shall reopen the existing collective bargaining agreement 16
413		-	only for the purpose of negotiating the access of the exclusive representative to the public 17
414		-	school employer’s new employee processing. 18
415		-
416		-	(ii) Either party may elect to negotiate a separate agreement on the 19
417		-	access of the exclusive representative to the public school employer’s new employee 20
418		-	processing in lieu of reopening the existing collective bargaining agreement. 21
419		-
420		-	(b) This section does not prohibit a public school employer and an exclusive 22
421		-	representative from negotiating access to new employee processing that varies from the 23
422		-	requirements of this section. 24
423		-
424		-	(c) Nothing in this section shall abrogate existing collective bargaining 25
425		-	agreements between public school employers and exclusive representatives. 26
426		-
427		-	6–406. 27
428		-
429		-	(c) (3) A public school employer may not negotiate [the school calendar, the 28
430		-	maximum number of students assigned to a class, or] any matter that is precluded by 29
431		-	applicable statutory law. 30
432		-
433		-	(e) (1) If, on the request of either party, the Board determines from the facts 31
434		-	that an impasse is reached in negotiations between a public school employer and an 32
435		-	employee organization that is designated as an exclusive negotiating agent, the Board shall 33
436		-	within 10 calendar days: 34
	389	+	(4) The [mediator] ARBITRATOR shall conclude the mediation within 25 1
	390	+	days after convening the first mediation session. 2
	391	+
	392	+	(5) If the public school employer and the employee organization do not 3
	393	+	reach agreement before concluding the mediation, the [mediator] ARBITRATOR shall issue 4
	394	+	a [written offer to both parties and the Board of settlement of all matters raised] FINAL 5
	395	+	WRITTEN AWARD THAT S HALL BE BINDING ON B OTH PARTIES. 6
	396	+
	397	+	(6) [Within 5 days after receiving the proposed settlement, the public 7
	398	+	school employer and the employee organization each shall notify the mediator of its intent 8
	399	+	to: 9
	400	+
	401	+	(i) Accept the written proposed settlement; 10
	402	+
	403	+	(ii) Accept the written proposed settlement in part, as mutually 11
	404	+	agreed on by the public school employer and the employee organization; or 12
	405	+
	406	+	(iii) Decline the proposed settlement and request arbitration before 13
	407	+	the Board. 14
	408	+
	409	+	(7) The public school employer and the employee organization shall share 15
	410	+	the costs of the mediator equally. 16
	411	+
	412	+	(8) If either party declines the proposed settlement and requests 17
	413	+	arbitration, the Board shall, within 5 calendar days, set a date for an arbitration hearing 18
	414	+	before the Board. 19
	415	+
	416	+	(9) The Board shall: 20
	417	+
	418	+	(i) Open the arbitration record within 20 days after receiving either 21
	419	+	party’s decision to decline the mediator’s proposal; 22
	420	+
	421	+	(ii) Convene a hearing; 23
	422	+
	423	+	(iii) Hear testimony from and receive supporting written evidence, as 24
	424	+	provided in an order of the Board, from the public school employer, the employee 25
	425	+	organization, and the mediator; 26
	426	+
	427	+	(iv) Administer oaths to witnesses deemed relevant and called by the 27
	428	+	Board; 28
	429	+
	430	+	(v) Issue subpoenas to compel the production of relevant and 29
	431	+	nonprivileged documents and other tangible evidence that would also be subject to 30
	432	+	production before a hearing or at a hearing under Title 4 of the General Provisions Article; 31
	433	+	and 32
437	434		10 SENATE BILL 367
438	435
439	436
440		-	(i) Request last and best offers from the public school employer and 1
441		-	the employee organization, which may not include items or topics not previously raised in 2
442		-	the bargaining process; and 3
443		-
444		-	(ii) Order the public school employer and the employee organization 4
445		-	to commence mediation within 14 days after the Board’s determination that an impasse 5
446		-	has been reached. 6
447		-
448		-	(2) The last and best offers shall list separately every term or condition of 7
449		-	employment in dispute and the demand of the party making the last and best offer. 8
450		-
451		-	(3) Within 5 calendar days after an order to mediate, the parties shall 9
452		-	select [a mediator] AN ARBITRATOR by: 10
453		-
454		-	(i) Agreement; or 11
455		-
456		-	(ii) Alternate striking from a list of seven neutral parties furnished 12
457		-	by: 13
458		-
459		-	1. The Federal Mediation and Conciliation Service; or 14
460		-
461		-	2. The American Arbitration Association. 15
462		-
463		-	(4) The [mediator] ARBITRATOR shall conclude the mediation within 25 16
464		-	days after convening the first mediation session. 17
465		-
466		-	(5) If the public school employer and the employee organization do not 18
467		-	reach agreement before concluding the mediation, the [mediator] ARBITRATOR shall issue 19
468		-	a [written offer to both parties and the Board of settlement of all matters raised] FINAL 20
469		-	WRITTEN AWARD THAT SHALL BE BINDING ON BOTH PART IES. 21
470		-
471		-	(6) [Within 5 days after receiving the proposed settlement, the public 22
472		-	school employer and the employee organization each shall notify the mediator of its intent 23
473		-	to: 24
474		-
475		-	(i) Accept the written proposed settlement; 25
476		-
477		-	(ii) Accept the written proposed settlement in part, as mutually 26
478		-	agreed on by the public school employer and the employee organization; or 27
479		-
480		-	(iii) Decline the proposed settlement and request arbitration before 28
481		-	the Board. 29
482		-
483		-	(7) The public school employer and the employee organization shall share 30
484		-	the costs of the mediator equally. 31
	437	+	(vi) Receive, hear, and consider all evidence considered relevant by 1
	438	+	the Board, whether or not offered through an attorney, including: 2
	439	+
	440	+	1. The wages, hours, working conditions, or other terms and 3
	441	+	conditions of employment of similar public employees in comparable surrounding 4
	442	+	jurisdictions and comparable jurisdictions outside the State; and 5
	443	+
	444	+	2. The ability of the public school employer and the county 6
	445	+	served by the public school employer to pay, considering their existing resources, the costs 7
	446	+	of the final offers proposed and other personnel costs. 8
	447	+
	448	+	(10) The Board shall conclude the hearing by issuing a written order within 9
	449	+	20 days after the arbitration record is opened. 10
	450	+
	451	+	(11) The Board shall issue the written award that selects and adopts: 11
	452	+
	453	+	(i) The complete final offer of the public school employer; 12
	454	+
	455	+	(ii) The complete final offer of the employee organization; or 13
	456	+
	457	+	(iii) The mediator’s complete offer of settlement. 14
	458	+
	459	+	(12) The Board’s written award is final and binding on the public school 15
	460	+	employer and the employee organization. 16
	461	+
	462	+	(13)] The public school employer and the employee organization shall share 17
	463	+	the costs of the [hearing] MEDIATION equally. 18
	464	+
	465	+	[(14)] (7) Any negotiated provision or [decision of the Board] AWARD is 19
	466	+	subject to the other provisions of this article concerning the fiscal relationship between the 20
	467	+	public school employer and the county commissioners, county council, and Mayor and City 21
	468	+	Council of Baltimore City. 22
	469	+
	470	+	6–501. 23
	471	+
	472	+	(a) In this subtitle the following words have the meanings indicated. 24
	473	+
	474	+	(b) “Board” means the Public [School Labor] EMPLOYEE Relations Board 25
	475	+	[established under Subtitle 8 of this title]. 26
	476	+
	477	+	(c) “Confidential employee” includes an individual whose employment 27
	478	+	responsibilities require knowledge of the public school employer’s posture in the collective 28
	479	+	negotiation process, as determined by the public school employer in negotiations with an 29
	480	+	employee organization that requests negotiation on this issue. 30
	481	+
	482	+	(c–1) “Day” means a calendar day unless otherwise indicated. 31
485	483		SENATE BILL 367 11
486	484
487	485
488		-	(8) If either party declines the proposed settlement and requests 1
489		-	arbitration, the Board shall, within 5 calendar days, set a date for an arbitration hearing 2
490		-	before the Board. 3
491		-
492		-	(9) The Board shall: 4
493		-
494		-	(i) Open the arbitration record within 20 days after receiving either 5
495		-	party’s decision to decline the mediator’s proposal; 6
496		-
497		-	(ii) Convene a hearing; 7
498		-
499		-	(iii) Hear testimony from and receive supporting written evidence, as 8
500		-	provided in an order of the Board, from the public school employer, the employee 9
501		-	organization, and the mediator; 10
502		-
503		-	(iv) Administer oaths to witnesses deemed relevant and called by the 11
504		-	Board; 12
505		-
506		-	(v) Issue subpoenas to compel the production of relevant and 13
507		-	nonprivileged documents and other tangible evidence that would also be subject to 14
508		-	production before a hearing or at a hearing under Title 4 of the General Provisions Article; 15
509		-	and 16
510		-
511		-	(vi) Receive, hear, and consider all evidence considered relevant by 17
512		-	the Board, whether or not offered through an attorney, including: 18
513		-
514		-	1. The wages, hours, working conditions, or other terms and 19
515		-	conditions of employment of similar public employees in comparable surrounding 20
516		-	jurisdictions and comparable jurisdictions outside the State; and 21
517		-
518		-	2. The ability of the public school employer and the county 22
519		-	served by the public school employer to pay, considering their existing resources, the costs 23
520		-	of the final offers proposed and other personnel costs. 24
521		-
522		-	(10) The Board shall conclude the hearing by issuing a written order within 25
523		-	20 days after the arbitration record is opened. 26
524		-
525		-	(11) The Board shall issue the written award that selects and adopts: 27
526		-
527		-	(i) The complete final offer of the public school employer; 28
528		-
529		-	(ii) The complete final offer of the employee organization; or 29
530		-
531		-	(iii) The mediator’s complete offer of settlement. 30
532		-
533		-	(12) The Board’s written award is final and binding on the public school 31
534		-	employer and the employee organization. 32 12 SENATE BILL 367
535		-
536		-
537		-
538		-	(13)] The public school employer and the employee organization shall share 1
539		-	the costs of the [hearing] MEDIATION equally. 2
540		-
541		-	[(14)] (7) Any negotiated provision or [decision of the Board] AWARD is 3
542		-	subject to the other provisions of this article concerning the fiscal relationship between the 4
543		-	public school employer and the county commissioners, county council, and Mayor and City 5
544		-	Council of Baltimore City. 6
545		-
546		-	6–501. 7
547		-
548		-	(a) In this subtitle the following words have the meanings indicated. 8
549		-
550		-	(b) “Board” means the Public [School Labor] EMPLOYEE Relations Board 9
551		-	[established under Subtitle 8 of this title]. 10
552		-
553		-	(c) “Confidential employee” includes an individual whose employment 11
554		-	responsibilities require knowledge of the public school employer’s posture in the collective 12
555		-	negotiation process, as determined by the public school employer in negotiations with an 13
556		-	employee organization that requests negotiation on this issue. 14
557		-
558		-	(c–1) “Day” means a calendar day unless otherwise indicated. 15
559		-
560		-	(d) “Employee organization” [means an organization that: 16
561		-
562		-	(1) Includes noncertificated employees of a public school employer; and 17
563		-
564		-	(2) Has as one of its main purposes the representation of the employees in 18
565		-	their relations with that public school employer] HAS THE MEANING STAT ED IN § 21–101 19
566		-	OF THE STATE GOVERNMENT ARTICLE. 20
567		-
568		-	(e) [“Management personnel”] “MANAGERIAL EMPLOYEE ” includes an 21
569		-	individual who is engaged mainly in executive and managerial functions. 22
570		-
571		-	(e–1) “New employee processing” means the process for a newly hired public school 23
572		-	employee, whether in person, online, or through other means, in which new employees are 24
573		-	advised of their employment status, rights, benefits, duties, responsibilities, and other 25
574		-	employment–related matters. 26
575		-
576		-	(f) “Noncertificated employee”, in Montgomery County, means only a full–time 27
577		-	employee. 28
578		-
579		-	(g) (1) “Public school employee” means a noncertificated individual who is 29
580		-	employed for at least 9 months a year on a full–time basis by a public school employer. 30
	486	+	(d) “Employee organization” [means an organization that: 1
	487	+
	488	+	(1) Includes noncertificated employees of a public school employer; and 2
	489	+
	490	+	(2) Has as one of its main purposes the representation of the employees in 3
	491	+	their relations with that public school employer] HAS THE MEANING STAT ED IN § 21–101 4
	492	+	OF THE STATE GOVERNMENT ARTICLE. 5
	493	+
	494	+	(e) [“Management personnel”] “MANAGERIAL EMPLOYEE” includes an 6
	495	+	individual who is engaged mainly in executive and managerial functions. 7
	496	+
	497	+	(e–1) “New employee processing” means the process for a newly hired public school 8
	498	+	employee, whether in person, online, or through other means, in which new employees are 9
	499	+	advised of their employment status, rights, benefits, duties, responsibilities, and other 10
	500	+	employment–related matters. 11
	501	+
	502	+	(f) “Noncertificated employee”, in Montgomery County, means only a full–time 12
	503	+	employee. 13
	504	+
	505	+	(g) (1) “Public school employee” means a noncertificated individual who is 14
	506	+	employed for at least 9 months a year on a full–time basis by a public school employer. 15
	507	+
	508	+	(2) “Public school employee” includes a noncertificated employee in 16
	509	+	Baltimore City notwithstanding that the noncertificated employee does not work for at 17
	510	+	least 9 months a year on a full–time basis. 18
	511	+
	512	+	(3) “Public school employee” does not include: 19
	513	+
	514	+	(i) [Management personnel] A MANAGERIAL EMPLOYEE ; OR 20
	515	+
	516	+	(ii) A confidential employee[; or 21
	517	+
	518	+	(iii) Any individual designated by the public school employer to act in 22
	519	+	a negotiating capacity as provided in § 6–510(c) of this subtitle]. 23
	520	+
	521	+	(h) (1) “Public school employer” means the county board in each county. 24
	522	+
	523	+	(2) “Public school employer” includes the Baltimore City Board of School 25
	524	+	Commissioners. 26
	525	+
	526	+	(i) “Supervisory employee” includes any individual who responsibly directs the 27
	527	+	work of other employees. 28
	528	+
	529	+	6–503. 29
	530	+	12 SENATE BILL 367
	531	+
	532	+
	533	+	(a) Public school employees may form, join, and participate in the activities of 1
	534	+	employee organizations of their own choice for the purpose of being represented on all 2
	535	+	matters that relate to salaries, wages, hours, and other working conditions. 3
	536	+
	537	+	[(b) An employee organization may establish reasonable restrictions as to who 4
	538	+	may join and reasonable provisions for the dismissal of individuals from membership, 5
	539	+	except that these restrictions and provisions may not discriminate with regard to the terms 6
	540	+	or conditions of membership because of race, color, marital status, creed, sex, age, or 7
	541	+	national origin.] 8
	542	+
	543	+	(B) PUBLIC SCHOOL EMPLOYE ES, PUBLIC SCHOOL EMPLOY ERS, AND 9
	544	+	EXCLUSIVE REPRESENTA TIVES ARE SUBJECT TO THE PROVISIONS OF TITLE 21 OF 10
	545	+	THE STATE GOVERNMENT ARTICLE. 11
	546	+
	547	+	6–504. 12
	548	+
	549	+	(a) [(1) Each public school employer may designate, as provided in this subtitle, 13
	550	+	which employee organization, if any, shall be the exclusive representative of all public 14
	551	+	school employees in a specified unit in the county. 15
	552	+
	553	+	(2) In Baltimore City, Garrett County, and Frederick County, the public 16
	554	+	school employer shall designate, as provided in this subtitle, which employee organization, 17
	555	+	if any, shall be the exclusive representative of all public school employees in a specified unit 18
	556	+	in the county. 19
	557	+
	558	+	(b) The public school employer shall determine the composition of the unit in 20
	559	+	negotiation with any employee organization that requests negotiation concerning the 21
	560	+	composition of the unit. 22
	561	+
	562	+	(c)] (1) Except as provided in paragraphs (3) and (5) of this subsection, there 23
	563	+	may not be more than three units in a county and a unit may not include both supervisory 24
	564	+	and nonsupervisory employees. 25
	565	+
	566	+	(2) If a county has more than three recognized units and, as of July 1, 1974, 26
	567	+	the units have exclusive representation for collective negotiations, these units may 27
	568	+	continue as negotiating units. 28
	569	+
	570	+	(3) In Baltimore County, there shall be three units, including one unit of 29
	571	+	supervisory employees as defined in § 6–501(i) of this subtitle. 30
	572	+
	573	+	(4) In Carroll County, beginning on October 1, 2007: 31
	574	+
	575	+	(i) There shall be no more than three units; and 32
	576	+
	577	+	(ii) All units shall be nonsupervisory units. 33
581	578		SENATE BILL 367 13
582	579
583	580
584		-	(2) “Public school employee” includes a noncertificated employee in 1
585		-	Baltimore City notwithstanding that the noncertificated employee does not work for at 2
586		-	least 9 months a year on a full–time basis. 3
587		-
588		-	(3) “Public school employee” does not include: 4
589		-
590		-	(i) [Management personnel] A MANAGERIAL EMPLOYEE ; OR 5
591		-
592		-	(ii) A confidential employee[; or 6
593		-
594		-	(iii) Any individual designated by the public school employer to act in 7
595		-	a negotiating capacity as provided in § 6–510(c) of this subtitle]. 8
596		-
597		-	(h) (1) “Public school employer” means the county board in each county. 9
598		-
599		-	(2) “Public school employer” includes the Baltimore City Board of School 10
600		-	Commissioners. 11
601		-
602		-	(i) “Supervisory employee” includes any individual who responsibly directs the 12
603		-	work of other employees. 13
604		-
605		-	6–503. 14
606		-
607		-	(a) Public school employees may form, join, and participate in the activities of 15
608		-	employee organizations of their own choice for the purpose of being represented on all 16
609		-	matters that relate to salaries, wages, hours, and other working conditions. 17
610		-
611		-	[(b) An employee organization may establish reasonable restrictions as to who 18
612		-	may join and reasonable provisions for the dismissal of individuals from membership, 19
613		-	except that these restrictions and provisions may not discriminate with regard to the terms 20
614		-	or conditions of membership because of race, color, marital status, creed, sex, age, or 21
615		-	national origin.] 22
616		-
617		-	(B) PUBLIC SCHOOL EMPLOYE ES, PUBLIC SCHOOL EMPLOY ERS, AND 23
618		-	EXCLUSIVE REPRESENTA TIVES ARE SUBJECT TO THE PROVISIONS OF TITLE 21 OF 24
619		-	THE STATE GOVERNMENT ARTICLE. 25
620		-
621		-	6–504. 26
622		-
623		-	(a) [(1) Each public school employer may designate, as provided in this subtitle, 27
624		-	which employee organization, if any, shall be the exclusive representative of all public 28
625		-	school employees in a specified unit in the county. 29
626		-
627		-	(2) In Baltimore City, Garrett County, and Frederick County, the public 30
628		-	school employer shall designate, as provided in this subtitle, which employee organization, 31 14 SENATE BILL 367
629		-
630		-
631		-	if any, shall be the exclusive representative of all public school employees in a specified unit 1
632		-	in the county. 2
633		-
634		-	(b) The public school employer shall determine the composition of the unit in 3
635		-	negotiation with any employee organization that requests negotiation concerning the 4
636		-	composition of the unit. 5
637		-
638		-	(c)] (1) Except as provided in paragraphs (3) and (5) of this subsection, there 6
639		-	may not be more than three units in a county and a unit may not include both supervisory 7
640		-	and nonsupervisory employees. 8
641		-
642		-	(2) If a county has more than three recognized units and, as of July 1, 1974, 9
643		-	the units have exclusive representation for collective negotiations, these units may 10
644		-	continue as negotiating units. 11
645		-
646		-	(3) In Baltimore County, there shall be three units, including one unit of 12
647		-	supervisory employees as defined in § 6–501(i) of this subtitle. 13
648		-
649		-	(4) In Carroll County, beginning on October 1, 2007: 14
650		-
651		-	(i) There shall be no more than three units; and 15
652		-
653		-	(ii) All units shall be nonsupervisory units. 16
654		-
655		-	(5) In Baltimore City, the public school employer may designate a fourth 17
656		-	unit composed of all Baltimore City school police officers, as defined in § 4–318 of this 18
657		-	article, up to and including the rank of lieutenant. 19
658		-
659		-	[(d) (1)] (B) All eligible public school employees shall: 20
660		-
661		-	[(i)] (1) Be included in one of these units; and 21
662		-
663		-	[(ii)] (2) Have the rights granted in this subtitle. 22
664		-
665		-	[(2) Except for an individual who is designated as management personnel 23
666		-	or a confidential employee under this subtitle, each public school employee is eligible for 24
667		-	membership in one of the negotiating units.] 25
668		-
669		-	6–505. 26
670		-
671		-	(a) Employee organizations recognized by the public school employer as the 27
672		-	exclusive representative of all public school employees in a specified unit on July 1, 1978 28
673		-	shall continue to be the exclusive representative[: 29
674		-
675		-	(1) For the rest of the 2–year initial period as provided by § 6–507 of this 30
676		-	subtitle; and 31 SENATE BILL 367 15
677		-
678		-
679		-
680		-	(2) Beyond the 2–year period until another election is held as provided 1
681		-	under § 6–507 of this subtitle] SUBJECT TO TITLE 21, SUBTITLE 4 OF THE STATE 2
682		-	GOVERNMENT ARTICLE. 3
683		-
684		-	(b) Any collective negotiation agreement that has been entered into by an 4
685		-	exclusive representative and a public employer as of July 1, 1978 shall continue in effect 5
686		-	for the term of the agreement. 6
687		-
688		-	6–506. 7
689		-
690		-	(a) (1) (i) Each public school employer shall provide the exclusive 8
691		-	representative access to new employee processing. 9
692		-
693		-	(ii) Except as provided in subparagraph (iii) of this paragraph, the 10
694		-	public school employer shall provide the exclusive representative at least 10 days’ notice in 11
695		-	advance of a new employee processing. 12
696		-
697		-	(iii) The public school employer may provide the exclusive 13
698		-	representative with less than 10 days’ notice if there is an urgent need critical to the public 14
699		-	school employer’s new employee processing that was not reasonably foreseeable. 15
700		-
701		-	(2) (i) The structure, time, and manner of the access required in 16
702		-	paragraph (1) of this subsection shall be determined through negotiations between the 17
703		-	public school employer and the exclusive representative in accordance with § 6–510 of this 18
704		-	subtitle. 19
705		-
706		-	(ii) When negotiating access to new employee processing under 20
707		-	subparagraph (i) of this paragraph, if any dispute has not been resolved within 45 days 21
708		-	after the first meeting of the public school employer and the exclusive representative, or 22
709		-	within 60 days after an initial request to negotiate, whichever occurs first, either party may 23
710		-	request that the Board declare an impasse under § 6–510(e) § 6–507(E) of this subtitle. 24
711		-
712		-	(iii) In an impasse proceeding under § 6–510(e) § 6–507(E) of this 25
713		-	subtitle, the [mediator or Board] ARBITRATOR shall consider: 26
714		-
715		-	1. The ability of the exclusive representative to communicate 27
716		-	with the public school employees it represents; 28
717		-
718		-	2. The legal obligations of the exclusive representative to the 29
719		-	public school employees; 30
720		-
721		-	3. Applicable State, federal, and local laws; 31
722		-
723		-	4. Any stipulations of the parties; 32
	581	+	(5) In Baltimore City, the public school employer may designate a fourth 1
	582	+	unit composed of all Baltimore City school police officers, as defined in § 4–318 of this 2
	583	+	article, up to and including the rank of lieutenant. 3
	584	+
	585	+	[(d) (1)] (B) All eligible public school employees shall: 4
	586	+
	587	+	[(i)] (1) Be included in one of these units; and 5
	588	+
	589	+	[(ii)] (2) Have the rights granted in this subtitle. 6
	590	+
	591	+	[(2) Except for an individual who is designated as management personnel 7
	592	+	or a confidential employee under this subtitle, each public school employee is eligible for 8
	593	+	membership in one of the negotiating units.] 9
	594	+
	595	+	6–505. 10
	596	+
	597	+	(a) Employee organizations recognized by the public school employer as the 11
	598	+	exclusive representative of all public school employees in a specified unit on July 1, 1978 12
	599	+	shall continue to be the exclusive representative[: 13
	600	+
	601	+	(1) For the rest of the 2–year initial period as provided by § 6–507 of this 14
	602	+	subtitle; and 15
	603	+
	604	+	(2) Beyond the 2–year period until another election is held as provided 16
	605	+	under § 6–507 of this subtitle] SUBJECT TO TITLE 21, SUBTITLE 4 OF THE STATE 17
	606	+	GOVERNMENT ARTICLE. 18
	607	+
	608	+	(b) Any collective negotiation agreement that has been entered into by an 19
	609	+	exclusive representative and a public employer as of July 1, 1978 shall continue in effect 20
	610	+	for the term of the agreement. 21
	611	+
	612	+	6–506. 22
	613	+
	614	+	(a) (1) (i) Each public school employer shall provide the exclusive 23
	615	+	representative access to new employee processing. 24
	616	+
	617	+	(ii) Except as provided in subparagraph (iii) of this paragraph, the 25
	618	+	public school employer shall provide the exclusive representative at least 10 days’ notice in 26
	619	+	advance of a new employee processing. 27
	620	+
	621	+	(iii) The public school employer may provide t he exclusive 28
	622	+	representative with less than 10 days’ notice if there is an urgent need critical to the public 29
	623	+	school employer’s new employee processing that was not reasonably foreseeable. 30
	624	+
	625	+	(2) (i) The structure, time, and manner of the access required in 31
	626	+	paragraph (1) of this subsection shall be determined through negotiations between the 32 14 SENATE BILL 367
	627	+
	628	+
	629	+	public school employer and the exclusive representative in accordance with § 6–510 of this 1
	630	+	subtitle. 2
	631	+
	632	+	(ii) When negotiating access to new employee processing under 3
	633	+	subparagraph (i) of this paragraph, if any dispute has not been resolved within 45 days 4
	634	+	after the first meeting of the public school employer and the exclusive representative, or 5
	635	+	within 60 days after an initial request to negotiate, whichever occurs first, either party may 6
	636	+	request that the Board declare an impasse under § 6–510(e) of this subtitle. 7
	637	+
	638	+	(iii) In an impasse proceeding under § 6–510(e) of this subtitle, the 8
	639	+	[mediator or Board] ARBITRATOR shall consider: 9
	640	+
	641	+	1. The ability of the exclusive representative to communicate 10
	642	+	with the public school employees it represents; 11
	643	+
	644	+	2. The legal obligations of the exclusive representative to the 12
	645	+	public school employees; 13
	646	+
	647	+	3. Applicable State, federal, and local laws; 14
	648	+
	649	+	4. Any stipulations of the parties; 15
	650	+
	651	+	5. The interests and welfare of the public school employees 16
	652	+	and the financial condition of the public school employer; 17
	653	+
	654	+	6. The structure, time, and manner of access of an exclusive 18
	655	+	representative to new employee processing in comparable public school employers, 19
	656	+	including the access provisions in other memoranda of understanding or collective 20
	657	+	bargaining agreements; and 21
	658	+
	659	+	7. Any other facts routinely considered in establishing the 22
	660	+	structure, time, and manner of access of an exclusive representative to new employee 23
	661	+	processing. 24
	662	+
	663	+	(3) (i) A request to negotiate under paragraph (2) of this subsection 25
	664	+	made between July 1, 2018, and the expiration date of an existing collective bargaining 26
	665	+	agreement between the parties shall reopen the existing collective bargaining agreement 27
	666	+	only for the purpose of negotiating the access of the exclusive representative to the public 28
	667	+	school employer’s new employee processing. 29
	668	+
	669	+	(ii) Either party may elect to negotiate a separate agreement on the 30
	670	+	access of the exclusive representative to the public school employer’s new employee 31
	671	+	processing in lieu of reopening the existing collective bargaining agreement. 32
	672	+
	673	+	(b) This section does not prohibit a public school employer and an exclusive 33
	674	+	representative from negotiating access to new employee processing that varies from the 34
	675	+	requirements of this section. 35 SENATE BILL 367 15
	676	+
	677	+
	678	+
	679	+	(c) Nothing in this section shall abrogate existing collective bargaining 1
	680	+	agreements between public school employers and exclusive representatives. 2
	681	+
	682	+	6–507. 3
	683	+
	684	+	(c) (3) A public school employer may not negotiate [the school calendar, the 4
	685	+	maximum number of students assigned to a class, or] any matter that is precluded by 5
	686	+	applicable statutory law. 6
	687	+
	688	+	(e) (1) If, on the request of either party, the Board determines from the facts 7
	689	+	that an impasse is reached in negotiations between a public school employer and an 8
	690	+	employee organization that is designated as an exclusive negotiating agent, the Board shall 9
	691	+	within 10 calendar days: 10
	692	+
	693	+	(i) Request last and best offers from the public school employer and 11
	694	+	the employee organization, which may not include items or topics not previously raised in 12
	695	+	the bargaining process; and 13
	696	+
	697	+	(ii) Order the public school employer and the employee organization 14
	698	+	to commence mediation within 14 days after the Board’s determination that an impasse 15
	699	+	has been reached. 16
	700	+
	701	+	(2) The last and best offers shall list separately every term or condition of 17
	702	+	employment in dispute and the demand of the party making the last and best offer. 18
	703	+
	704	+	(3) Within 5 calendar days after an order to mediate, the parties shall 19
	705	+	select [a mediator] AN ARBITRATOR by: 20
	706	+
	707	+	(i) Agreement; or 21
	708	+
	709	+	(ii) Alternate striking from a list of seven neutral parties furnished 22
	710	+	by: 23
	711	+
	712	+	1. The Federal Mediation and Conciliation Service; or 24
	713	+
	714	+	2. The American Arbitration Association. 25
	715	+
	716	+	(4) The [mediator] ARBITRATOR shall conclude the mediation within 25 26
	717	+	days after convening the first mediation session. 27
	718	+
	719	+	(5) If the public school employer and the employee organization do not 28
	720	+	reach agreement before concluding the mediation, the [mediator] ARBITRATOR shall issue 29
	721	+	a [written offer to both parties and the Board of settlement of all matters raised] FINAL 30
	722	+	WRITTEN AWARD THAT S HALL BE BINDING ON B OTH PARTIES. 31
724	723		16 SENATE BILL 367
725	724
726	725
727		-	5. The interests and welfare of the public school employees 1
728		-	and the financial condition of the public school employer; 2
729		-
730		-	6. The structure, time, and manner of access of an exclusive 3
731		-	representative to new employee processing in comparable public school employers, 4
732		-	including the access provisions in other memoranda of understanding or collective 5
733		-	bargaining agreements; and 6
734		-
735		-	7. Any other facts routinely considered in establishing the 7
736		-	structure, time, and manner of access of an exclusive representative to new employee 8
737		-	processing. 9
738		-
739		-	(3) (i) A request to negotiate under paragraph (2) of this subsection 10
740		-	made between July 1, 2018, and the expiration date of an existing collective bargaining 11
741		-	agreement between the parties shall reopen the existing collective bargaining agreement 12
742		-	only for the purpose of negotiating the access of the exclusive representative to the public 13
743		-	school employer’s new employee processing. 14
744		-
745		-	(ii) Either party may elect to negotiate a separate agreement on the 15
746		-	access of the exclusive representative to the public school employer’s new employee 16
747		-	processing in lieu of reopening the existing collective bargaining agreement. 17
748		-
749		-	(b) This section does not prohibit a public school employer and an exclusive 18
750		-	representative from negotiating access to new employee processing that varies from the 19
751		-	requirements of this section. 20
752		-
753		-	(c) Nothing in this section shall abrogate existing collective bargaining 21
754		-	agreements between public school employers and exclusive representatives. 22
755		-
756		-	6–507. 23
757		-
758		-	(c) (3) A public school employer may not negotiate [the school calendar, the 24
759		-	maximum number of students assigned to a class, or] any matter that is precluded by 25
760		-	applicable statutory law. 26
761		-
762		-	(e) (1) If, on the request of either party, the Board determines from the facts 27
763		-	that an impasse is reached in negotiations between a public school employer and an 28
764		-	employee organization that is designated as an exclusive negotiating agent, the Board shall 29
765		-	within 10 calendar days: 30
766		-
767		-	(i) Request last and best offers from the public school employer and 31
768		-	the employee organization, which may not include items or topics not previously raised in 32
769		-	the bargaining process; and 33
770		-
771		-	(ii) Order the public school employer and the employee organization 34
772		-	to commence mediation within 14 days after the Board’s determination that an impasse 35
773		-	has been reached. 36 SENATE BILL 367 17
774		-
775		-
776		-
777		-	(2) The last and best offers shall list separately every term or condition of 1
778		-	employment in dispute and the demand of the party making the last and best offer. 2
779		-
780		-	(3) Within 5 calendar days after an order to mediate, the parties shall 3
781		-	select [a mediator] AN ARBITRATOR by: 4
782		-
783		-	(i) Agreement; or 5
784		-
785		-	(ii) Alternate striking from a list of seven neutral parties furnished 6
786		-	by: 7
787		-
788		-	1. The Federal Mediation and Conciliation Service; or 8
789		-
790		-	2. The American Arbitration Association. 9
791		-
792		-	(4) The [mediator] ARBITRATOR shall conclude the mediation within 25 10
793		-	days after convening the first mediation session. 11
794		-
795		-	(5) If the public school employer and the employee organization do not 12
796		-	reach agreement before concluding the mediation, the [mediator] ARBITRATOR shall issue 13
797		-	a [written offer to both parties and the Board of settlement of all matters raised] FINAL 14
798		-	WRITTEN AWAR D THAT SHALL BE BIND ING ON BOTH PARTIES . 15
799		-
800		-	(6) [Within 5 days after receiving the proposed settlement, the public 16
801		-	school employer and the employee organization each shall notify the mediator of its intent 17
802		-	to: 18
803		-
804		-	(i) Accept the written proposed settlement; 19
805		-
806		-	(ii) Accept the written proposed settlement in part, as mutually 20
807		-	agreed on by the public school employer and the employee organization; or 21
808		-
809		-	(iii) Decline the proposed settlement and request arbitration before 22
810		-	the Board. 23
811		-
812		-	(7) The public school employer and the employee organization shall share 24
813		-	the costs of the mediator equally. 25
814		-
815		-	(8) If either party declines the proposed settlement and requests 26
816		-	arbitration, the Board shall, within 5 calendar days, set a date for an arbitration hearing 27
817		-	before the Board. 28
818		-
819		-	(9) The Board shall: 29
	726	+	(6) [Within 5 days after receiving the proposed settlement, the public 1
	727	+	school employer and the employee organization each shall notify the mediator of its intent 2
	728	+	to: 3
	729	+
	730	+	(i) Accept the written proposed settlement; 4
	731	+
	732	+	(ii) Accept the written proposed settlement in part, as mutually 5
	733	+	agreed on by the public school employer and the employee organization; or 6
	734	+
	735	+	(iii) Decline the proposed settlement and request arbitration before 7
	736	+	the Board. 8
	737	+
	738	+	(7) The public school employer and the employee organization shall share 9
	739	+	the costs of the mediator equally. 10
	740	+
	741	+	(8) If either party declines the proposed settlement and requests 11
	742	+	arbitration, the Board shall, within 5 calendar days, set a date for an arbitration hearing 12
	743	+	before the Board. 13
	744	+
	745	+	(9) The Board shall: 14
	746	+
	747	+	(i) Open the arbitration record within 20 days after receiving either 15
	748	+	party’s decision to decline the mediator’s proposal; 16
	749	+
	750	+	(ii) Convene a hearing; 17
	751	+
	752	+	(iii) Hear testimony from and receive supporting written evidence, as 18
	753	+	provided in an order of the Board, from the public school employer, the employee 19
	754	+	organization, and the mediator; 20
	755	+
	756	+	(iv) Administer oaths to witnesses deemed relevant and called by the 21
	757	+	Board; 22
	758	+
	759	+	(v) Issue subpoenas to compel the production of relevant and 23
	760	+	nonprivileged documents and other tangible evidence that would also be subject to 24
	761	+	production before a hearing or at a hearing under Title 4 of the General Provisions Article; 25
	762	+	and 26
	763	+
	764	+	(vi) Receive, hear, and consider all evidence considered relevant by 27
	765	+	the Board, whether or not offered through an attorney, including: 28
	766	+
	767	+	1. The wages, hours, working conditions, or other terms and 29
	768	+	conditions of employment of similar public employees in comparable surrounding 30
	769	+	jurisdictions and comparable jurisdictions outside the State; and 31
	770	+	SENATE BILL 367 17
	771	+
	772	+
	773	+	2. The ability of the public school employer and the county 1
	774	+	served by the public school employer to pay, considering their existing resources, the costs 2
	775	+	of the final offers proposed and other personnel costs. 3
	776	+
	777	+	(10) The Board shall conclude the hearing by issuing a written order within 4
	778	+	20 days after the arbitration record is opened. 5
	779	+
	780	+	(11) The Board shall issue the written award that selects and adopts: 6
	781	+
	782	+	(i) The complete final offer of the public school employer; 7
	783	+
	784	+	(ii) The complete final offer of the employee organization; or 8
	785	+
	786	+	(iii) The mediator’s complete offer of settlement. 9
	787	+
	788	+	(12) The Board’s written award is final and binding on the public school 10
	789	+	employer and the employee organization. 11
	790	+
	791	+	(13)] The public school employer and the employee organization shall share 12
	792	+	the costs of the [hearing] MEDIATION equally. 13
	793	+
	794	+	[(14)] (7) Any negotiated provision or [decision of the Board] AWARD is 14
	795	+	subject to the other provisions of this article concerning the fiscal relationship between the 15
	796	+	public school employer and the county commissioners and county council. 16
	797	+
	798	+	9.5–703. 17
	799	+
	800	+	(c) (2) All elections shall be conducted by the [State Labor] PUBLIC 18
	801	+	EMPLOYEE Relations Board and subject to the requirements and limitations of [Title 3, 19
	802	+	Subtitle 4 of the State Personnel and Pensions Article] TITLE 21, SUBTITLE 4 OF THE 20
	803	+	STATE GOVERNMENT ARTICLE. 21
	804	+
	805	+	(3) The [State Labor] PUBLIC EMPLOYEE Relations Board may not 22
	806	+	conduct an election for an exclusive representative if an election or certification of an 23
	807	+	exclusive representative has taken place within the preceding 2 years. 24
	808	+
	809	+	16–701. 25
	810	+
	811	+	(a) In this subtitle the following words have the meanings indicated. 26
	812	+
	813	+	(b) “Agreement” means a written contract between a public employer and an 27
	814	+	employee organization. 28
	815	+
	816	+	(c) “Arbitration” means a procedure by which parties involved in a grievance 29
	817	+	submit their differences to an impartial third party for a final and binding decision. 30
820	818		18 SENATE BILL 367
821	819
822	820
823		-	(i) ~~Open~~ the ~~arbitration record within 20 days after receiving either~~ 1
824		-	~~party’s decision to decline the mediator’s proposal;~~ 2
825		-
826		-	(ii) ~~Convene a hearing;~~ 3
827		-
828		-	~~(iii) Hear testimony from and receive supporting written evidence, as 4~~
829		-	~~provided in an order of the Board, from the~~ public ~~school employer,~~ ~~the employee~~ 5
830		-	~~organization~~, ~~and~~ the ~~mediator;~~ 6
831		-
832		-	~~(iv) Administer oaths to witnesses deemed relevant and called by~~ the 7
833		-	~~Board; 8~~
834		-
835		-	~~(v) Issue subpoenas to compel the production of relevant and 9~~
836		-	~~nonprivileged documents and other tangible evidence that would also be subject to 10~~
837		-	~~production before~~ a ~~hearing or at a hearing under Title 4~~ of ~~the General Provisions Article;~~ 11
838		-	~~and 12~~
839		-
840		-	~~(vi) Receive, hear, and consider all evidence considered relevant by 13~~
841		-	~~the Board,~~ ~~whether or not offered through~~ an ~~attorney, including:~~ 14
842		-
843		-	1. The ~~wages, hours,~~ ~~working conditions,~~ ~~or other terms and 15~~
844		-	~~conditions of employment of similar public employees in comparable surrounding 16~~
845		-	~~jurisdictions and comparable jurisdictions outside~~ the ~~State; and 17~~
846		-
847		-	2. The ~~ability~~ of the ~~public school employer and the county 18~~
848		-	~~served by the public school employer to pay, considering their existing resources, the costs 19~~
849		-	of the ~~final offers proposed~~ and ~~other personnel costs.~~ 20
850		-
851		-	(10) ~~The Board shall conclude the hearing~~ by ~~issuing a written order within~~ 21
852		-	~~20 days after the arbitration record is opened. 22~~
853		-
854		-	~~(11) The Board shall issue the written award that selects~~ and ~~adopts:~~ 23
855		-
856		-	(i) ~~The complete final offer of the public school employer;~~ 24
857		-
858		-	~~(ii) The complete final offer of the employee organization; or 25~~
859		-
860		-	~~(iii)~~ The ~~mediator’s complete offer~~ of ~~settlement~~. 26
861		-
862		-	(12) ~~The Board’s written award is final~~ and ~~binding on the public school 27~~
863		-	~~employer and~~ the ~~employee organization~~. 28
864		-
865		-	(13)] The ~~public school employer and the employee organization shall share 29~~
866		-	~~the costs~~ of the ~~[hearing] MEDIATION equally~~. 30
	821	+	(d) “Board” means the [State Higher Education Labor] PUBLIC EMPLOYEE 1
	822	+	Relations Board. 2
	823	+
	824	+	(e) “Collective bargaining” has the meaning stated in § 3–101(c) of the State 3
	825	+	Personnel and Pensions Article. 4
	826	+
	827	+	(f) “Confidential employee” [means a public employee whose unrestricted access 5
	828	+	to personnel, budgetary, or fiscal data subject to use by the public employer in collective 6
	829	+	bargaining, or whose close, continuing working relationship with those responsible for 7
	830	+	negotiating on behalf of the public employer, would make the employee’s membership in an 8
	831	+	employee organization as a rank and file employee incompatible with the employee’s 9
	832	+	duties] HAS THE MEANING STAT ED IN § 21–101 OF THE STATE GOVERNMENT 10
	833	+	ARTICLE. 11
	834	+
	835	+	(g) “Employee organization” [means a labor organization of public employees that 12
	836	+	has as one of its primary purposes representing those employees in collective bargaining] 13
	837	+	HAS THE MEANING STAT ED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE. 14
	838	+
	839	+	(h) “Exclusive representative” [means an employee organization that has been 15
	840	+	certified by the Board as representing the employees of a bargaining unit] HAS THE 16
	841	+	MEANING STATED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE. 17
	842	+
	843	+	(i) “Fact–finding” means a process conducted by the Board that includes: 18
	844	+
	845	+	(1) The identification of the major issues in an impasse; 19
	846	+
	847	+	(2) The review of the positions of the parties; and 20
	848	+
	849	+	(3) A resolution of factual differences by an impartial individual or panel. 21
	850	+
	851	+	(j) (1) “Faculty” means employees whose assignments involve academic 22
	852	+	responsibilities, including teachers and department heads. 23
	853	+
	854	+	(2) “Faculty” does not include officers, supervisory employees, confidential 24
	855	+	employees, part–time faculty, or student assistants. 25
	856	+
	857	+	(k) “Grievance” means a dispute concerning the application or interpretation of 26
	858	+	the terms of a collective bargaining agreement. 27
	859	+
	860	+	(l) “Impasse” means a failure by a public employer and an exclusive 28
	861	+	representative to achieve agreement in the course of negotiations. 29
	862	+
	863	+	(m) “Officer” means the president, a vice president, a dean, or any other similar 30
	864	+	official of the community college as appointed by the board of community college trustees. 31
867	865		SENATE BILL 367 19
868	866
869	867
870		-	~~[(14)]~~ (7) ~~Any negotiated provision or [decision~~ ~~of the Board] AWARD is~~ 1
871		-	~~subject to the other provisions of this article concerning the fiscal relationship between the~~ 2
872		-	~~public school employer and~~ the ~~county commissioners and county council~~. 3
873		-
874		-	~~9.5–703~~. 4
875		-
876		-	~~(c)~~ (2) ~~All elections shall be conducted by~~ the ~~[State Labor] PUBLIC~~ 5
877		-	~~EMPLOYEE Relations Board and subject to the requirements and limitations of [Title 3,~~ 6
878		-	~~Subtitle 4 of the State Personnel and Pensions Article] TITLE 21, SUBTITLE 4 OF THE 7~~
879		-	~~STATE GOVERNMENT ARTICLE.~~ 8
880		-
881		-	(3) ~~The [State~~ ~~Labor] PUBLIC EMPLOYEE Relations Board may not 9~~
882		-	~~conduct an election for an exclusive representative if an election or certification of an 10~~
883		-	~~exclusive representative has taken place within the preceding 2 years. 11~~
884		-
885		-	~~16–701~~. 12
886		-
887		-	(a) ~~In this subtitle~~ the ~~following words have the meanings indicated.~~ 13
888		-
889		-	~~(b) “Agreement” means a written contract between a public employer and an 14~~
890		-	~~employee organization.~~ 15
891		-
892		-	~~(c) “Arbitration” means a procedure by which parties involved in a grievance 16~~
893		-	~~submit their differences to an impartial third party for a final and binding decision. 17~~
894		-
895		-	~~(d) “Board” means~~ the ~~[State Higher Education Labor] PUBLIC EMPLOYEE 18~~
896		-	~~Relations Board~~. 19
897		-
898		-	(e) “~~Collective bargaining” has the meaning stated in § 3–101(c) § 3–101(D)~~ of 20
899		-	~~the State Personnel and Pensions Article. 21~~
900		-
901		-	~~(f) “Confidential employee” [means a public employee whose unrestricted access 22~~
902		-	~~to personnel,~~ ~~budgetary, or fiscal data subject to use by the public employer in collective 23~~
903		-	~~bargaining, or whose close, continuing working relationship with those responsible for 24~~
904		-	~~negotiating on behalf~~ of ~~the public employer~~, ~~would make the employee’s membership in an 25~~
905		-	~~employee organization as~~ a ~~rank~~ and ~~file employee incompatible with the employee’s 26~~
906		-	~~duties] HAS THE MEANING STAT ED IN § 21–101 OF THE STATE GOVERNMENT 27~~
907		-	~~ARTICLE. 28~~
908		-
909		-	~~(g) “Employee organization” [means a labor organization of public employees that 29~~
910		-	~~has as one of its primary purposes representing those employees in collective bargaining] 30~~
911		-	~~HAS THE MEANING STAT ED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE. 31~~
912		-
913		-	~~(h) “Exclusive representative” [means an employee organization that has been 32~~
914		-	~~certified by~~ the ~~Board as representing~~ the ~~employees of a bargaining unit] HAS THE 33~~
915		-	~~MEANING STATED IN § 21–101~~ OF ~~THE STATE GOVERNMENT ARTICLE~~. ~~34 20 SENATE BILL 367~~
916		-
917		-
918		-
919		-	(i) “~~Fact–finding~~” means a ~~process conducted by the Board that includes:~~ 1
920		-
921		-	~~(1) The identification of the major issues in an impasse; 2~~
922		-
923		-	~~(2) The review of the positions of the parties~~; ~~and 3~~
924		-
925		-	(3) ~~A resolution of factual differences by an impartial individual or panel. 4~~
926		-
927		-	~~(j) (1) “Faculty” means employees whose assignments involve academic 5~~
928		-	~~responsibilities, including teachers and department heads. 6~~
929		-
930		-	~~(2) “Faculty” does not include officers, supervisory employees, confidential 7~~
931		-	~~employees, part–time faculty,~~ ~~or student assistants.~~ 8
932		-
933		-	~~(k) “Grievance” means a dispute concerning~~ the ~~application or interpretation~~ of 9
934		-	the ~~terms~~ of ~~a collective bargaining agreement.~~ 10
935		-
936		-	~~(l) “Impasse” means a failure by a public employer and an exclusive 11~~
937		-	~~representative~~ to ~~achieve agreement in the course of negotiations. 12~~
938		-
939		-	~~(m) “Officer” means the president, a vice president, a dean~~, or ~~any other similar 13~~
940		-	~~official of the community college as appointed by the board of community college trustees~~. 14
941		-
942		-	(n) ~~“Part–time faculty”~~ ~~means employees whose assignments involve academic 15~~
943		-	~~responsibilities, including teachers, counselors, and department heads, who are designated 16~~
944		-	~~with part–time faculty status by the president of the community college. 17~~
945		-
946		-	(o) ~~(1) “Public~~ ~~employee” means an employee employed by a public employer. 18~~
947		-
948		-	(2) ~~“Public employee”~~ ~~includes faculty and part–time faculty at the 19~~
949		-	~~Baltimore City Community College. 20~~
950		-
951		-	~~(3) “Public employee” does not include: 21~~
952		-
953		-	~~(i) Officers; 22~~
954		-
955		-	~~(ii) Supervisory or confidential employees; or 23~~
956		-
957		-	~~(iii) Student assistants. 24~~
958		-
959		-	~~(p) (1) “Public employer” means the board of community college trustees for a 25~~
960		-	~~community~~ college. 26
961		-
962		-	(2) ~~“Public employer”~~ ~~includes the Board of Trustees of Baltimore City~~ 27
963		-	~~Community College for the purposes of collective bargaining with faculty and part–time 28~~
964		-	~~faculty. 29~~ ~~SENATE BILL 367 21~~
965		-
966		-
967		-
968		-	[(q) ~~(1) “Showing~~ ~~of interest form” means a written statement from a public~~ 1
969		-	~~employee who wishes to be represented by a petitioning employee organization for the 2~~
970		-	~~purpose of collective bargaining.~~ 3
971		-
972		-	(2) ~~“Showing of interest form” includes: 4~~
973		-
974		-	(i) ~~A union authorization card~~; ~~and 5~~
975		-
976		-	(ii) ~~A union membership card.~~ 6
977		-
978		-	(r) ~~“Strike” means,~~ ~~in concerted action with others for the purpose of inducing, 7~~
979		-	~~influencing, or coercing a change in the wages, hours, or other terms and conditions of 8~~
980		-	~~employment~~, ~~a public employee’s: 9~~
981		-
982		-	(1) ~~Refusal to report for duty;~~ 10
983		-
984		-	~~(2) Willful absence from the position; 11~~
985		-
986		-	~~(3) Stoppage of work; or 12~~
987		-
988		-	(4) ~~Abstinence in whole or in part from~~ the ~~proper performance~~ of ~~the 13~~
989		-	~~duties of employment.~~ 14
990		-
991		-	(s) ~~“Supervisory employee” means~~ a ~~public employee who has full~~–~~time and 15~~
992		-	~~exclusive authority to act on behalf of a public employer to: 16~~
993		-
994		-	(1) ~~Hire, transfer,~~ ~~suspend, lay off,~~ ~~recall, promote,~~ ~~discharge, assign,~~ 17
995		-	~~reward, or discipline other employees;~~ ~~or 18~~
996		-
997		-	(2) ~~Adjust employee grievances.] 19~~
998		-
999		-	~~16–702. 20~~
1000		-
1001		-	~~(a) It is~~ the ~~intent of the General Assembly that:~~ 21
1002		-
1003		-	(1) The ~~State promote harmonious and cooperative relationships with~~ the 22
1004		-	~~public employees of~~ the ~~community college system by encouraging collective bargaining~~ 23
1005		-	~~practices, protecting the rights of public employees to associate, organize, and vote for their 24~~
1006		-	~~own exclusive representatives~~, and ~~recognizing the dignity of labor for all employees of the 25~~
1007		-	~~community college system;~~ and 26
1008		-
1009		-	(2) ~~A delay in implementation of this subtitle shall be to ensure that 27~~
1010		-	~~community colleges are granted sufficient time to plan for potential negotiations and may 28~~
1011		-	~~not~~ be ~~used to plan for,~~ ~~or engage in,~~ ~~activities that would discourage or otherwise coerce 29~~
1012		-	~~employees seeking to hold an election. 30~~
	868	+	(n) “Part–time faculty” means employees whose assignments involve academic 1
	869	+	responsibilities, including teachers, counselors, and department heads, who are designated 2
	870	+	with part–time faculty status by the president of the community college. 3
	871	+
	872	+	(o) (1) “Public employee” means an employee employed by a public employer. 4
	873	+
	874	+	(2) “Public employee” includes faculty and part–time faculty at the 5
	875	+	Baltimore City Community College. 6
	876	+
	877	+	(3) “Public employee” does not include: 7
	878	+
	879	+	(i) Officers; 8
	880	+
	881	+	(ii) Supervisory or confidential employees; or 9
	882	+
	883	+	(iii) Student assistants. 10
	884	+
	885	+	(p) (1) “Public employer” means the board of community college trustees for a 11
	886	+	community college. 12
	887	+
	888	+	(2) “Public employer” includes the Board of Trustees of Baltimore City 13
	889	+	Community College for the purposes of collective bargaining with faculty and part–time 14
	890	+	faculty. 15
	891	+
	892	+	[(q) (1) “Showing of interest form” means a written statement from a public 16
	893	+	employee who wishes to be represented by a petitioning employee organization for the 17
	894	+	purpose of collective bargaining. 18
	895	+
	896	+	(2) “Showing of interest form” includes: 19
	897	+
	898	+	(i) A union authorization card; and 20
	899	+
	900	+	(ii) A union membership card. 21
	901	+
	902	+	(r) “Strike” means, in concerted action with others for the purpose of inducing, 22
	903	+	influencing, or coercing a change in the wages, hours, or other terms and conditions of 23
	904	+	employment, a public employee’s: 24
	905	+
	906	+	(1) Refusal to report for duty; 25
	907	+
	908	+	(2) Willful absence from the position; 26
	909	+
	910	+	(3) Stoppage of work; or 27
	911	+
	912	+	(4) Abstinence in whole or in part from the proper performance of the 28
	913	+	duties of employment. 29
	914	+	20 SENATE BILL 367
	915	+
	916	+
	917	+	(s) “Supervisory employee” means a public employee who has full–time and 1
	918	+	exclusive authority to act on behalf of a public employer to: 2
	919	+
	920	+	(1) Hire, transfer, suspend, lay off, recall, promote, discharge, assign, 3
	921	+	reward, or discipline other employees; or 4
	922	+
	923	+	(2) Adjust employee grievances.] 5
	924	+
	925	+	16–702. 6
	926	+
	927	+	(a) It is the intent of the General Assembly that: 7
	928	+
	929	+	(1) The State promote harmonious and cooperative relationships with the 8
	930	+	public employees of the community college system by encouraging collective bargaining 9
	931	+	practices, protecting the rights of public employees to associate, organize, and vote for their 10
	932	+	own exclusive representatives, and recognizing the dignity of labor for all employees of the 11
	933	+	community college system; and 12
	934	+
	935	+	(2) A delay in implementation of this subtitle shall be to ensure that 13
	936	+	community colleges are granted sufficient time to plan for potential negotiations and may 14
	937	+	not be used to plan for, or engage in, activities that would discourage or otherwise coerce 15
	938	+	employees seeking to hold an election. 16
	939	+
	940	+	(b) This subtitle shall apply: 17
	941	+
	942	+	(1) Beginning on September 1, 2022, to: 18
	943	+
	944	+	(i) Anne Arundel Community College; 19
	945	+
	946	+	(ii) Community College of Baltimore County; 20
	947	+
	948	+	(iii) Frederick Community College; 21
	949	+
	950	+	(iv) Harford Community College; 22
	951	+
	952	+	(v) Howard Community College; 23
	953	+
	954	+	(vi) Montgomery College; 24
	955	+
	956	+	(vii) Prince George’s Community College; and 25
	957	+
	958	+	(viii) College of Southern Maryland; 26
	959	+
	960	+	(2) Beginning on September 1, 2023, to: 27
	961	+
	962	+	(i) Allegany College of Maryland; 28
	963	+	SENATE BILL 367 21
	964	+
	965	+
	966	+	(ii) Carroll Community College; 1
	967	+
	968	+	(iii) Cecil College; 2
	969	+
	970	+	(iv) Chesapeake College; 3
	971	+
	972	+	(v) Garrett College; 4
	973	+
	974	+	(vi) Hagerstown Community College; and 5
	975	+
	976	+	(vii) Wor–Wic Community College; and 6
	977	+
	978	+	(3) Beginning October 1, 2024, Baltimore City Community College. 7
	979	+
	980	+	(C) PUBLIC EMPLOYEES , PUBLIC EMPLOYERS , AND EXCLUSIVE 8
	981	+	REPRESENTATIVE S ARE SUBJECT TO THE P ROVISIONS OF TITLE 21 OF THE STATE 9
	982	+	GOVERNMENT ARTICLE. 10
	983	+
	984	+	16–703. 11
	985	+
	986	+	[(a) The Board shall conduct an election for an exclusive representative of a 12
	987	+	bargaining unit if: 13
	988	+
	989	+	(1) A valid petition is submitted in accordance with § 16–704 of this 14
	990	+	subtitle; and 15
	991	+
	992	+	(2) The bargaining unit involved in the petition is determined to be an 16
	993	+	appropriate bargaining unit under subsections (b) and (c) of this section. 17
	994	+
	995	+	(b) (1) Except as provided in this subtitle, the Board shall determine the 18
	996	+	appropriateness of each bargaining unit. 19
	997	+
	998	+	(2) If there is not a dispute about the appropriateness of the bargaining 20
	999	+	unit, the Board shall issue an order defining an appropriate bargaining unit. 21
	1000	+
	1001	+	(3) If there is a dispute about the appropriateness of the bargaining unit, 22
	1002	+	the Board shall: 23
	1003	+
	1004	+	(i) Conduct a public hearing, receiving written and oral testimony; 24
	1005	+	and 25
	1006	+
	1007	+	(ii) Issue an order defining the appropriate bargaining unit. 26
	1008	+
	1009	+	(c)] There may be no more than four bargaining units at each community college 27
	1010	+	including: 28
1013	1011		22 SENATE BILL 367
1014	1012
1015	1013
1016		-	(b) This subtitle shall apply: 1
1017		-
1018		-	(1) Beginning on September 1, 2022, to: 2
1019		-
1020		-	(i) Anne Arundel Community College; 3
1021		-
1022		-	(ii) Community College of Baltimore County; 4
1023		-
1024		-	(iii) Frederick Community College; 5
1025		-
1026		-	(iv) Harford Community College; 6
1027		-
1028		-	(v) Howard Community College; 7
1029		-
1030		-	(vi) Montgomery College; 8
1031		-
1032		-	(vii) Prince George’s Community College; and 9
1033		-
1034		-	(viii) College of Southern Maryland; 10
1035		-
1036		-	(2) Beginning on September 1, 2023, to: 11
1037		-
1038		-	(i) Allegany College of Maryland; 12
1039		-
1040		-	(ii) Carroll Community College; 13
1041		-
1042		-	(iii) Cecil College; 14
1043		-
1044		-	(iv) Chesapeake College; 15
1045		-
1046		-	(v) Garrett College; 16
1047		-
1048		-	(vi) Hagerstown Community College; and 17
1049		-
1050		-	(vii) Wor–Wic Community College; and 18
1051		-
1052		-	(3) Beginning October 1, 2024, Baltimore City Community College. 19
1053		-
1054		-	(C) PUBLIC EMPLOYEES , PUBLIC EMPLOYERS , AND EXCLUSIVE 20
1055		-	REPRESENTATIVES ARE SUBJECT TO THE PROVI SIONS OF TITLE 21 OF THE STATE 21
1056		-	GOVERNMENT ARTICLE. 22
1057		-
1058		-	16–703. 23
1059		-
1060		-	[(a) The Board shall conduct an election for an exclusive representative of a 24
1061		-	bargaining unit if: 25
	1014	+	(1) One unit reserved for full–time faculty; 1
	1015	+
	1016	+	(2) One unit reserved for part–time faculty; and 2
	1017	+
	1018	+	(3) Two units reserved for eligible nonexempt employees, as defined in the 3
	1019	+	federal Fair Labor Standards Act. 4
	1020	+
	1021	+	[(d) The Board may not require the bargaining units at a community college to 5
	1022	+	conform to the requirements of this section if the bargaining units were in existence before 6
	1023	+	September 1, 2022.] 7
	1024	+
	1025	+	16–708. 8
	1026	+
	1027	+	(a) [A public employer has the right to: 9
	1028	+
	1029	+	(1) Determine how the statutory mandate and goals of the community 10
	1030	+	college, including the functions and programs of the community college, its overall budget, 11
	1031	+	and its organizational structure, are to be carried out; and 12
	1032	+
	1033	+	(2) Direct college personnel. 13
	1034	+
	1035	+	(b) A public employee has the right to: 14
	1036	+
	1037	+	(1) Organize; 15
	1038	+
	1039	+	(2) Form, join, or assist any employee organization; 16
	1040	+
	1041	+	(3) Bargain collectively through an exclusive representative; 17
	1042	+
	1043	+	(4) Engage in other lawful concerted activity for the purpose of collective 18
	1044	+	bargaining; and 19
	1045	+
	1046	+	(5) Refrain from engaging in the activities listed under this subsection. 20
	1047	+
	1048	+	(c)] A public employee or group of public employees has the right at any time to: 21
	1049	+
	1050	+	(1) Present a grievance arising under the terms of the agreement to the 22
	1051	+	public employer; and 23
	1052	+
	1053	+	(2) Have the grievance adjusted without the intervention of the exclusive 24
	1054	+	representative. 25
	1055	+
	1056	+	[(d)] (B) The exclusive representative has the right to be present during any 26
	1057	+	meeting involving the presentation or adjustment of a grievance. 27
1062	1058		SENATE BILL 367 23
1063	1059
1064	1060
1065		-	(1) A valid petition is submitted in accordance with § 16–704 of this 1
1066		-	subtitle; and 2
1067		-
1068		-	(2) The bargaining unit involved in the petition is determined to be an 3
1069		-	appropriate bargaining unit under subsections (b) and (c) of this section. 4
1070		-
1071		-	(b) (1) Except as provided in this subtitle, the Board shall determine the 5
1072		-	appropriateness of each bargaining unit. 6
1073		-
1074		-	(2) If there is not a dispute about the appropriateness of the bargaining 7
1075		-	unit, the Board shall issue an order defining an appropriate bargaining unit. 8
1076		-
1077		-	(3) If there is a dispute about the appropriateness of the bargaining unit, 9
1078		-	the Board shall: 10
1079		-
1080		-	(i) Conduct a public hearing, receiving written and oral testimony; 11
1081		-	and 12
1082		-
1083		-	(ii) Issue an order defining the appropriate bargaining unit. 13
1084		-
1085		-	(c)] There may be no more than four bargaining units at each community college 14
1086		-	including: 15
1087		-
1088		-	(1) One unit reserved for full–time faculty; 16
1089		-
1090		-	(2) One unit reserved for part–time faculty; and 17
1091		-
1092		-	(3) Two units reserved for eligible nonexempt employees, as defined in the 18
1093		-	federal Fair Labor Standards Act. 19
1094		-
1095		-	[(d) The Board may not require the bargaining units at a community college to 20
1096		-	conform to the requirements of this section if the bargaining units were in existence before 21
1097		-	September 1, 2022.] 22
1098		-
1099		-	16–708. 23
1100		-
1101		-	(a) [A public employer has the right to: 24
1102		-
1103		-	(1) Determine how the statutory mandate and goals of the community 25
1104		-	college, including the functions and programs of the community college, its overall budget, 26
1105		-	and its organizational structure, are to be carried out; and 27
1106		-
1107		-	(2) Direct college personnel. 28
1108		-
1109		-	(b) A public employee has the right to: 29
1110		-
1111		-	(1) Organize; 30 24 SENATE BILL 367
1112		-
1113		-
1114		-
1115		-	(2) Form, join, or assist any employee organization; 1
1116		-
1117		-	(3) Bargain collectively through an exclusive representative; 2
1118		-
1119		-	(4) Engage in other lawful concerted activity for the purpose of collective 3
1120		-	bargaining; and 4
1121		-
1122		-	(5) Refrain from engaging in the activities listed under this subsection. 5
1123		-
1124		-	(c)] A public employee or group of public employees has the right at any time to: 6
1125		-
1126		-	(1) Present a grievance arising under the terms of the agreement to the 7
1127		-	public employer; and 8
1128		-
1129		-	(2) Have the grievance adjusted without the intervention of the exclusive 9
1130		-	representative. 10
1131		-
1132		-	[(d)] (B) The exclusive representative has the right to be present during any 11
1133		-	meeting involving the presentation or adjustment of a grievance. 12
1134		-
1135		-	[(e)] (C) (1) A public employer shall hear a grievance and participate in the 13
1136		-	adjustment of the grievance. 14
1137		-
1138		-	(2) The adjustment of a grievance may not be inconsistent with the terms 15
1139		-	of the collective bargaining agreement then in effect. 16
1140		-
1141		-	(3) A public employer shall give prompt notice of any adjustment of a 17
1142		-	grievance to the exclusive representative. 18
1143		-
1144		-	[(f) A public employer and an employee organization may not interfere with, 19
1145		-	intimidate, restrain, coerce, or discriminate against a public employee because the 20
1146		-	employee exercises rights granted under this section.] 21
1147		-
1148		-	Article – Health – General 22
1149		-
1150		-	15–903. 23
1151		-
1152		-	(c) (2) All elections shall be conducted by the [State Labor] PUBLIC 24
1153		-	EMPLOYEE Relations Board and subject to the requirements and limitations of [Title 3, 25
1154		-	Subtitle 4 of the State Personnel and Pensions Article] TITLE 21, SUBTITLE 4 OF THE 26
1155		-	STATE GOVERNMENT ARTICLE. 27
1156		-
1157		-	(3) The [State Labor] PUBLIC EMPLOYEE Relations Board may not 28
1158		-	conduct an election for an exclusive representative if an election or certification of an 29
1159		-	exclusive representative has taken place within the preceding 2 years. 30 SENATE BILL 367 25
1160		-
1161		-
1162		-
1163		-	Article – State Government 1
1164		-
1165		-	TITLE 21. PUBLIC EMPLOYEE RELATIONS. 2
1166		-
1167		-	SUBTITLE 1. DEFINITIONS; GENERAL PROVISIONS. 3
1168		-
1169		-	21–101. 4
1170		-
1171		-	(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 5
1172		-	INDICATED. 6
1173		-
1174		-	(B) “BOARD” MEANS THE PUBLIC EMPLOYEE RELATIONS BOARD. 7
1175		-
1176		-	(C) “CONFIDENTIAL EMPLOYEE ” INCLUDES AN INDIVIDU AL WHOSE 8
1177		-	EMPLOYMENT RESPONSIB ILITIES REQUIRE KNOW LEDGE OF THE PUBLIC 9
1178		-	EMPLOYER’S POSTURE IN THE COL LECTIVE NEGOTIATION PROCESS. 10
1179		-
1180		-	(D) (C) UNLESS SPECIFICALLY P ROVIDED OTHERWISE , “DAY” MEANS A 11
1181		-	CALENDAR DAY . 12
1182		-
1183		-	(E) (D) “EMPLOYEE ORGANIZATION ” MEANS A LABOR ORGANI ZATION IN 13
1184		-	WHICH PUBLIC EMPLOYE ES PARTICIPATE AND T HAT HAS AS ONE OF ITS PR IMARY 14
1185		-	PURPOSES REPRESENTIN G PUBLIC EMPLOYEES . 15
1186		-
1187		-	(F) (E) “EXCLUSIVE REPRESENTAT IVE” MEANS AN EMPLOYEE 16
1188		-	ORGANIZATION THAT HA S BEEN CERTIFIED BY THE BOARD AS AN EXCLUSIVE 17
1189		-	REPRESENTATIVE UNDER SUBTITLE 4 OF THIS TITLE. 18
1190		-
1191		-	(G) (F) “LOCKOUT” MEANS ACTION TAKEN BY A PUBLIC EMPLOYER TO : 19
1192		-
1193		-	(1) INTERRUPT OR PREVENT THE CONTINUITY OF TH E EMPLOYEES ’ 20
1194		-	USUAL WORK FOR THE P URPOSE AND WITH THE INTENT OF COERCING T HE 21
1195		-	EMPLOYEES INTO RELIN QUISHING RIGHTS GUAR ANTEED BY THIS TITLE ; OR 22
1196		-
1197		-	(2) BRING ECONOMIC PRESSURE ON EMPLOYEE S FOR THE PURPOSE 23
1198		-	OF SECURING THE AGRE EMENT OF THEIR EXECU TIVE REPRESENTATIVE TO 24
1199		-	COLLECTIVE BARGAININ G AGREEMENT TERMS . 25
1200		-
1201		-	(G) “PUBLIC EMPLOYEE ” MEANS AN INDIVIDUAL WHO HOLDS A POSITION 26
1202		-	BY APPOINTMENT OR EM PLOYMENT IN THE SERV ICE OF A PUBLIC EMPLOYER WITH 27
1203		-	COLLECTIVE BARGAININ G RIGHTS UNDER TITLE 3 OF THE STATE PERSONNEL AND 28
1204		-	PENSIONS ARTICLE OR TITLE 6, SUBTITLE 4 OR 5 OR TITLE 16, SUBTITLE 7 OF THE 29
1205		-	EDUCATION ARTICLE. 30
1206		-	26 SENATE BILL 367
1207		-
1208		-
1209		-	(H) “PUBLIC EMPLOYER ” MEANS: 1
1210		-
1211		-	(1) THE STATE, INCLUDING ANY UNIT , DEPARTMENT, OR 2
1212		-	INSTRUMENTALITY OF T HE STATE; 3
1213		-
1214		-	(2) A COMMUNITY COLLEGE LISTED UNDER § 16–702(B) OF THE 4
1215		-	EDUCATION ARTICLE; AND 5
1216		-
1217		-	(3) A COUNTY BOARD OF ED UCATION OR THE BALTIMORE CITY 6
1218		-	BOARD OF SCHOOL COMMISSIONERS . 7
1219		-
1220		-	(I) “PUBLIC EMPLOYEE ” MEANS AN INDIVIDUAL WHO: 8
1221		-
1222		-	(1) HOLDS A POSITION BY APPOINTMENT OR EMPLO YMENT IN THE 9
1223		-	SERVICE OF A PUBLIC EMPLOYER WITH COLLEC TIVE BARGAINING RIGH TS UNDER 10
1224		-	TITLE 3 OF THE STATE PERSONNEL AND PENSIONS ARTICLE, TITLE 6, SUBTITLE 4 11
1225		-	OR 5 OF THE EDUCATION ARTICLE OR TITLE 16, SUBTITLE 7 OF THE EDUCATION 12
1226		-	ARTICLE; AND 13
1227		-
1228		-	(2) IS NOT A CONFIDENTIA L EMPLOYEE. 14
1229		-
1230		-	(J) (I) (1) “SHOWING OF INTEREST F ORM” MEANS A WRITTEN STAT EMENT 15
1231		-	FROM A PUBLIC EMPLOY EE WHO WISHES TO BE REPRESENTED BY A PET ITIONING 16
1232		-	EMPLOYEE ORGANIZATIO N FOR THE PURPOSE OF COLLECTIVE BARGAININ G. 17
1233		-
1234		-	(2) “SHOWING OF INTEREST F ORM” INCLUDES: 18
1235		-
1236		-	(I) A UNION AUTHORIZATIO N CARD; OR 19
1237		-
1238		-	(II) A UNION MEMBERSHIP C ARD. 20
1239		-
1240		-	(K) “STRIKE” MEANS ANY CONCERTED WORK STOPPAGE TO IND UCE, 21
1241		-	INFLUENCE, COERCE, OR ENFORCE DEMANDS F OR A CHANGE IN WAGES, HOURS, 22
1242		-	TERMS, OR OTHER CONDITIONS OF EMPLOYMENT . 23
1243		-
1244		-	(J) (1) “STRIKE” MEANS ANY CONCERTED ACTION TO IMPEDE THE FULL 24
1245		-	AND PROPER PERFORMAN CE OF EMPLOYMENT DUT IES IN ORDER TO INDU CE, 25
1246		-	INFLUENCE, COERCE, OR ENFORCE DEMANDS F OR A CHANGE IN WAGES , HOURS, 26
1247		-	TERMS, OR OTHER CONDITIONS OF EMPLOYMENT . 27
1248		-
1249		-	(2) “STRIKE” INCLUDES A TOTAL OR PARTIAL: 28
1250		-
1251		-	(I) REFUSAL OR FAILURE T O REPORT TO WORK ; 29
	1061	+	[(e)] (C) (1) A public employer shall hear a grievance and participate in the 1
	1062	+	adjustment of the grievance. 2
	1063	+
	1064	+	(2) The adjustment of a grievance may not be inconsistent with the terms 3
	1065	+	of the collective bargaining agreement then in effect. 4
	1066	+
	1067	+	(3) A public employer shall give prompt notice of any adjustment of a 5
	1068	+	grievance to the exclusive representative. 6
	1069	+
	1070	+	[(f) A public employer and an employee organization may not interfere with, 7
	1071	+	intimidate, restrain, coerce, or discriminate against a public employee because the 8
	1072	+	employee exercises rights granted under this section.] 9
	1073	+
	1074	+	Article – Health – General 10
	1075	+
	1076	+	15–903. 11
	1077	+
	1078	+	(c) (2) All elections shall be conducted by the [State Labor] PUBLIC 12
	1079	+	EMPLOYEE Relations Board and subject to the requirements and limitations of [Title 3, 13
	1080	+	Subtitle 4 of the State Personnel and Pensions Article] TITLE 21, SUBTITLE 4 OF THE 14
	1081	+	STATE GOVERNMENT ARTICLE. 15
	1082	+
	1083	+	(3) The [State Labor] PUBLIC EMPLOYEE Relations Board may not 16
	1084	+	conduct an election for an exclusive representative if an election or certification of an 17
	1085	+	exclusive representative has taken place within the preceding 2 years. 18
	1086	+
	1087	+	Article – State Government 19
	1088	+
	1089	+	TITLE 21. PUBLIC EMPLOYEE RELATIONS. 20
	1090	+
	1091	+	SUBTITLE 1. DEFINITIONS; GENERAL PROVISIONS. 21
	1092	+
	1093	+	21–101. 22
	1094	+
	1095	+	(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 23
	1096	+	INDICATED. 24
	1097	+
	1098	+	(B) “BOARD” MEANS THE PUBLIC EMPLOYEE RELATIONS BOARD. 25
	1099	+
	1100	+	(C) “CONFIDENTIAL EMPLOYEE ” INCLUDES AN INDIVIDU AL WHOSE 26
	1101	+	EMPLOYMENT RESPONSIB ILITIES REQUIRE KNOW LEDGE OF THE PUBLIC 27
	1102	+	EMPLOYER’S POSTURE IN THE COL LECTIVE NEGOTIATION PROCESS. 28
	1103	+
	1104	+	(D) UNLESS SPECIFICALLY P ROVIDED OTHERWISE , “DAY” MEANS A 29
	1105	+	CALENDAR DAY . 30 24 SENATE BILL 367
	1106	+
	1107	+
	1108	+
	1109	+	(E) “EMPLOYEE ORGANIZATION ” MEANS A LABOR ORGANI ZATION IN WHICH 1
	1110	+	PUBLIC EMPLOYEES PAR TICIPATE AND THAT HA S AS ONE OF ITS PRIM ARY 2
	1111	+	PURPOSES REPRESENTIN G PUBLIC EMPLOYEES . 3
	1112	+
	1113	+	(F) “EXCLUSIVE REPRESENTAT IVE” MEANS AN EMPLOYEE OR GANIZATION 4
	1114	+	THAT HAS BEEN CERTIFIED B Y THE BOARD AS AN EXCLUSIVE REPRESENTATIVE 5
	1115	+	UNDER SUBTITLE 4 OF THIS TITLE. 6
	1116	+
	1117	+	(G) “LOCKOUT” MEANS ACTION TAKEN B Y A PUBLIC EMPLOYER TO: 7
	1118	+
	1119	+	(1) INTERRUPT OR PREVENT THE CONTINUITY OF TH E EMPLOYEES ’ 8
	1120	+	USUAL WORK FOR THE P URPOSE AND WITH THE INTENT OF COERCING T HE 9
	1121	+	EMPLOYEES INTO RELIN QUISHING RIGHTS GUAR ANTEED BY THIS TITLE ; OR 10
	1122	+
	1123	+	(2) BRING ECONOMIC PRESS URE ON EMPLOYEES FOR THE PURPOSE 11
	1124	+	OF SECURING THE AGRE EMENT OF THEIR EXECU TIVE REPRESENTATIVE TO 12
	1125	+	COLLECTIVE BARGAINING AGR EEMENT TERMS . 13
	1126	+
	1127	+	(H) “PUBLIC EMPLOYER ” MEANS: 14
	1128	+
	1129	+	(1) THE STATE, INCLUDING ANY UNIT , DEPARTMENT , OR 15
	1130	+	INSTRUMENTALITY OF T HE STATE; 16
	1131	+
	1132	+	(2) A COMMUNITY COLLEGE LISTED UNDER § 16–702(B) OF THE 17
	1133	+	EDUCATION ARTICLE; AND 18
	1134	+
	1135	+	(3) A COUNTY BOARD OF ED UCATION OR THE BALTIMORE CITY 19
	1136	+	BOARD OF SCHOOL COMMISSIONERS . 20
	1137	+
	1138	+	(I) “PUBLIC EMPLOYEE ” MEANS AN INDIVIDUAL WHO : 21
	1139	+
	1140	+	(1) HOLDS A POSITION BY APPOIN TMENT OR EMPLOYMENT IN THE 22
	1141	+	SERVICE OF A PUBLIC EMPLOYER WITH COLLEC TIVE BARGAINING RIGH TS UNDER 23
	1142	+	TITLE 3 OF THE STATE PERSONNEL AND PENSIONS ARTICLE, TITLE 6, SUBTITLE 4 24
	1143	+	OR 5 OF THE EDUCATION ARTICLE OR TITLE 16, SUBTITLE 7 OF THE EDUCATION 25
	1144	+	ARTICLE; AND 26
	1145	+
	1146	+	(2) IS NOT A CONFIDENTIA L EMPLOYEE. 27
	1147	+
	1148	+	(J) (1) “SHOWING OF INTEREST F ORM” MEANS A WRITTEN STATEMENT 28
	1149	+	FROM A PUBLIC EMPLOY EE WHO WISHES TO BE REPRESENTED BY A PET ITIONING 29
	1150	+	EMPLOYEE ORGANIZATIO N FOR THE PURPOSE OF COLLECTIVE BARGAININ G. 30 SENATE BILL 367 25
	1151	+
	1152	+
	1153	+
	1154	+	(2) “SHOWING OF INTEREST F ORM” INCLUDES: 1
	1155	+
	1156	+	(I) A UNION AUTHORIZATION CARD; OR 2
	1157	+
	1158	+	(II) A UNION MEMBERSHIP CAR D. 3
	1159	+
	1160	+	(K) “STRIKE” MEANS ANY CONCERTED WORK STOPPAGE TO IND UCE, 4
	1161	+	INFLUENCE, COERCE, OR ENFORCE DEMANDS F OR A CHANGE IN WAGES , HOURS, 5
	1162	+	TERMS, OR OTHER CONDITIONS OF EMPLOYMENT . 6
	1163	+
	1164	+	21–102. 7
	1165	+
	1166	+	(A) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT IT IS THE PUBLIC 8
	1167	+	POLICY OF THE STATE TO ENCOURAGE AN D PROTECT THE EXERCISE BY PUBLI C 9
	1168	+	SECTOR EMPLOYEES OF THE FULL FREEDOM OF ASSOCIATION, 10
	1169	+	SELF–ORGANIZATION , AND DESIGNATION OF R EPRESENTATIVES OF TH EIR OWN 11
	1170	+	CHOOSING, FOR THE PURPOSE OF N EGOTIATING THE TERMS AND CONDITIONS OF 12
	1171	+	THEIR EMPLOYMENT OR OTHER MUTUAL AID OR PROTECTION . 13
	1172	+
	1173	+	(B) FOR THE ADVANCEMENT O F THE RIGHTS DESCRIBED UNDER 14
	1174	+	SUBSECTION (A) OF THIS SECTION AND TO PROMOTE LABOR PEACE AND THE 15
	1175	+	ORDERLY AND CONSTRUC TIVE RELATIONSHIPS B ETWEEN ALL PUBLIC EM PLOYERS 16
	1176	+	AND THEIR EMPLOYEES , THE GENERAL ASSEMBLY HAS DETERMIN ED THAT THE 17
	1177	+	OVERALL POLICY MAY B EST BE ACCOMPLISHED BY: 18
	1178	+
	1179	+	(1) GRANTING TO PUBLIC EM PLOYEES THE RI GHT TO ORGANIZE AND 19
	1180	+	CHOOSE FREELY THEIR REPRESENTATIVES ; 20
	1181	+
	1182	+	(2) REQUIRING PUBLIC EMP LOYERS TO NEGOTIATE AND BARGAIN 21
	1183	+	WITH EMPLOYEE ORGANI ZATIONS REPRESENTING PUBLIC EMPLOYEES AND TO 22
	1184	+	ENTER INTO WRITTEN A GREEMENTS EVIDENCING THE RESULT OF THE BARGAINING; 23
	1185	+	AND 24
	1186	+
	1187	+	(3) ESTABLISHING PROCEDU RES TO PROVIDE FOR T HE PROTECTION 25
	1188	+	OF THE RIGHTS OF PUB LIC EMPLOYEE S, THE PUBLIC EMPLOYERS , AND THE PUBLIC 26
	1189	+	AT LARGE. 27
	1190	+
	1191	+	(C) THE LAW OF THE STATE WITH RESPECT TO THE LABOR RIGHTS OF 28
	1192	+	PUBLIC SECTOR EMPLOY EES IS INTENDED TO F OLLOW THE RIGHTS OF EMPLOYEES 29
	1193	+	UNDER THE FEDERAL NATIONAL LABOR RELATIONS ACT. 30
	1194	+
	1195	+	21–103. 31 26 SENATE BILL 367
	1196	+
	1197	+
	1198	+
	1199	+	DECISIONS OF THE FEDERAL NATIONAL LABOR RELATIONS BOARD SHALL BE 1
	1200	+	AFFORDED PERSUASIVE WEIGHT IN ANY INTERP RETATION OF THIS TIT LE. 2
	1201	+
	1202	+	SUBTITLE 2. RIGHTS AND DUTIES OF EMPLOYEES, PUBLIC EMPLOYERS, AND 3
	1203	+	EXCLUSIVE REPRESENTATIVES . 4
	1204	+
	1205	+	21–201. 5
	1206	+
	1207	+	(A) EMPLOYEES OF A PUBLIC EMPLOYER HAVE THE RI GHT TO: 6
	1208	+
	1209	+	(1) ENGAGE IN CONCERTED ACTIVITIES FOR THE PURPOSES OF 7
	1210	+	MUTUAL AID OR PROTEC TION; AND 8
	1211	+
	1212	+	(2) REFRAIN FROM ANY OR ALL ACTIVITIES DESCRIBED UNDER ITEM 9
	1213	+	(1) OF THIS SUBSECTION . 10
	1214	+
	1215	+	(B) PUBLIC EMPLOYEES HAVE THE RIGHT TO: 11
	1216	+
	1217	+	(1) FORM, JOIN AND PARTICIPATE IN, OR TO REFRAIN FROM 12
	1218	+	FORMING, JOINING, OR PARTICI PATING IN, ANY EMPLOYEE ORGANIZ ATION OF 13
	1219	+	THEIR OWN CHOOSING ; 14
	1220	+
	1221	+	(2) BE REPRESENTED BY EM PLOYEE ORGANIZATIONS , TO NEGOTIATE 15
	1222	+	COLLECTIVELY WITH TH EIR PUBLIC EMPLOYERS IN THE DETERMINATION OF THEIR 16
	1223	+	TERMS AND CONDITIONS OF EMPLOYMENT , AND THE ADMINISTRATI ON OF 17
	1224	+	GRIEVANCES ARISING T HEREUNDER ; AND 18
	1225	+
	1226	+	(3) BE FAIRLY REPRESENTE D BY THEIR EXCLUSIVE 19
	1227	+	REPRESENTATIVE , IF ANY, IN COLLECTIVE BARGAI NING. 20
	1228	+
	1229	+	(C) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION , AN 21
	1230	+	EMPLOYEE ORGANIZATIO N MAY ESTABLISH REAS ONABLE: 22
	1231	+
	1232	+	(1) RESTRICTIONS AS TO WH O MAY JOIN; AND 23
	1233	+
	1234	+	(2) PROVISIONS FOR THE DI SMISSAL OF INDIVIDUA LS FROM 24
	1235	+	MEMBERSHIP . 25
	1236	+
	1237	+	(D) AN EMPLOYEE MAY NOT ESTABLISH RESTRICTIO NS AND PROVISIONS 26
	1238	+	UNDER SUBSECTION (C) OF THIS SECTION THAT DISCRIMINATE WITH RE GARD TO 27
	1239	+	THE TERMS OR CONDI TIONS OF MEMBERSHIP BECAUSE OF: 28
1252	1240		SENATE BILL 367 27
1253	1241
1254	1242
1255		-	(II) REFUSAL OR FAILURE T O PERFORM EMPLOYMENT DUTIES; 1
1256		-
1257		-	(III) WITHDRAWAL FROM WORK ; 2
1258		-
1259		-	(IV) WORK STOPPAGE ; OR 3
1260		-
1261		-	(V) WORK SLOWDOWN . 4
1262		-
1263		-	21–102. 5
1264		-
1265		-	(A) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT IT IS T HE PUBLIC 6
1266		-	POLICY OF THE STATE TO ENCOURAGE AN D PROTECT THE EXERCI SE BY PUBLIC 7
1267		-	SECTOR EMPLOYEES OF THE FULL FREEDOM OF ASSOCIATION, 8
1268		-	SELF–ORGANIZATION , AND DESIGNATION OF R EPRESENTATIVES OF TH EIR OWN 9
1269		-	CHOOSING, FOR THE PURPOSE OF N EGOTIATING THE TERMS AND CONDITIONS OF 10
1270		-	THEIR EMPLOYMENT OR OTHER MUTUAL AID OR PROTECTION . 11
1271		-
1272		-	(B) FOR THE ADVANCEMENT O F THE RIGHTS DESCRIB ED UNDER 12
1273		-	SUBSECTION (A) OF THIS SECTION AND TO PROMOTE LABOR PEA CE AND THE 13
1274		-	ORDERLY AND CONS TRUCTIVE RELATIONSHI PS BETWEEN ALL PUBLI C EMPLOYERS 14
1275		-	AND THEIR EMPLOYEES , THE GENERAL ASSEMBLY HAS DETERMIN ED THAT THE 15
1276		-	OVERALL POLICY MAY B EST BE ACCOMPLISHED BY: 16
1277		-
1278		-	(1) GRANTING TO PUBLIC E MPLOYEES THE RIGHT T O ORGANIZE AND 17
1279		-	CHOOSE FREELY THEIR REPRESENTATI VES; 18
1280		-
1281		-	(2) REQUIRING PUBLIC EMP LOYERS TO NEGOTIATE AND BARGAIN 19
1282		-	WITH EMPLOYEE ORGANI ZATIONS REPRESENTING PUBLIC EMPLOYEES AND TO 20
1283		-	ENTER INTO WRITTEN A GREEMENTS EVIDENCING THE RESULT OF THE BA RGAINING; 21
1284		-	AND 22
1285		-
1286		-	(3) ESTABLISHING PROCEDU RES TO PROVIDE FOR T HE PROTECTION 23
1287		-	OF THE RIGHTS OF PUB LIC EMPLOYEES , THE PUBLIC EMPLOYERS , AND THE PUBLIC 24
1288		-	AT LARGE. 25
1289		-
1290		-	(C) THE LAW OF THE STATE WITH RESPECT TO THE LABOR RIGHTS OF 26
1291		-	PUBLIC SECTOR EMPLOY EES IS INTENDED TO F OLLOW THE RIGHTS OF EMPLOYEES 27
1292		-	UNDER THE FEDERAL NATIONAL LABOR RELATIONS ACT. 28
1293		-
1294		-	21–103. 29
1295		-
1296		-	DECISIONS OF THE FEDE RAL NATIONAL LABOR RELATIONS BOARD SHALL 30
1297		-	MAY BE AFFORDED PERSUASI VE WEIGHT IN ANY INT ERPRETATION OF THIS TITLE. 31
	1243	+	(1) AGE; 1
	1244	+
	1245	+	(2) ANCESTRY; 2
	1246	+
	1247	+	(3) COLOR; 3
	1248	+
	1249	+	(4) CREED; 4
	1250	+
	1251	+	(5) GENDER IDENTITY ; 5
	1252	+
	1253	+	(6) MARITAL STATUS ; 6
	1254	+
	1255	+	(7) MENTAL OR PHYSICAL D ISABILITY; 7
	1256	+
	1257	+	(8) NATIONAL ORIGIN ; 8
	1258	+
	1259	+	(9) RACE; 9
	1260	+
	1261	+	(10) RELIGIOUS AFFILIATIO N, BELIEF, OR OPINION; 10
	1262	+
	1263	+	(11) SEX; OR 11
	1264	+
	1265	+	(12) SEXUAL ORIENTATION . 12
	1266	+
	1267	+	21–202. 13
	1268	+
	1269	+	A PUBLIC EMPLOYER SHAL L EXTEND TO AN EXCLU SIVE REPRESENTATIVE THE 14
	1270	+	RIGHT TO: 15
	1271	+
	1272	+	(1) REPRESENT PUBLIC EMP LOYEES IN: 16
	1273	+
	1274	+	(I) NEGOTIATIONS NOTWITH STANDING THE EXISTEN CE OF AN 17
	1275	+	AGREEMENT WITH AN EMPLOYEE ORGANIZATIO N THAT IS NO LONGER CERTIFIED OR 18
	1276	+	RECOGNIZED ; AND 19
	1277	+
	1278	+	(II) THE SETTLEMENT OF GR IEVANCES; 20
	1279	+
	1280	+	(2) (I) ON REQUEST , INFORMATION FROM A P UBLIC EMPLOYER 21
	1281	+	RELEVANT TO THE ADMI NISTRATION AND NEGOT IATION OF AN AGREEME NT OR THE 22
	1282	+	PROPER PERFORMANCE OF THE EMPLOYEE ORGA NIZATION’S DUTIES AS THE 23
	1283	+	PUBLIC EMPLOYEES ’ REPRESENTATIVE ; AND 24
1298	1284		28 SENATE BILL 367
1299	1285
1300	1286
1301		-	SUBTITLE 2. RIGHTS AND DUTIES OF EMPLOYEES, PUBLIC EMPLOYERS, AND 1
1302		-	EXCLUSIVE REPRESENTATIVES . 2
1303		-
1304		-	21–201. 3
1305		-
1306		-	(A) EMPLOYEES OF A PUBLIC EMPLOYER HAVE THE RI GHT TO: 4
1307		-
1308		-	(1) ENGAGE IN CONCERTED ACTIVITIES FOR THE P URPOSES OF 5
1309		-	MUTUAL AID OR PROTEC TION; AND 6
1310		-
1311		-	(2) REFRAIN FROM ANY OR ALL ACTIVITIES DESCR IBED UNDER ITEM 7
1312		-	(1) OF THIS SUBSECTION . 8
1313		-
1314		-	(B) PUBLIC EMPLOYEES HAVE THE R IGHT TO: 9
1315		-
1316		-	(1) FORM, JOIN AND PARTICIPATE IN, OR TO REFRAIN FROM 10
1317		-	FORMING, JOINING, OR PARTICIPATING IN , ANY EMPLOYEE ORGANIZ ATION OF 11
1318		-	THEIR OWN CHOOSING ; 12
1319		-
1320		-	(2) BE REPRESENTED BY EM PLOYEE ORGANIZATIONS , TO NEGOTIATE 13
1321		-	COLLECTIVELY WITH T HEIR PUBLIC EMPLOYER S IN THE DETERMINATI ON OF THEIR 14
1322		-	TERMS AND CONDITIONS OF EMPLOYMENT , AND THE ADMINISTRATI ON OF 15
1323		-	GRIEVANCES ARISING T HEREUNDER ; AND 16
1324		-
1325		-	(3) BE FAIRLY REPRESENTE D BY THEIR EXCLUSIVE 17
1326		-	REPRESENTATIVE , IF ANY, IN COLLECTIVE BARGAI NING. 18
1327		-
1328		-	(C) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION , AN 19
1329		-	EMPLOYEE ORGANIZATIO N MAY ESTABLISH REAS ONABLE: 20
1330		-
1331		-	(1) RESTRICTIONS AS TO W HO MAY JOIN; AND 21
1332		-
1333		-	(2) PROVISIONS FOR THE D ISMISSAL OF INDIVIDU ALS FROM 22
1334		-	MEMBERSHIP . 23
1335		-
1336		-	(D) AN EMPLOYEE ORGANIZATION MAY NOT ESTABLISH RESTRICTIO NS AND 24
1337		-	PROVISIONS UNDER SUB SECTION (C) OF THIS SECTION THAT DISCRIMINATE WITH 25
1338		-	REGARD TO THE TERMS OR CONDITIONS OF MEM BERSHIP BECAUSE OF : 26
1339		-
1340		-	(1) AGE; 27
1341		-
1342		-	(2) ANCESTRY; 28
1343		-
1344		-	(3) COLOR; 29
1345		-	SENATE BILL 367 29
1346		-
1347		-
1348		-	(4) CREED; 1
1349		-
1350		-	(5) GENDER IDENTITY ; 2
1351		-
1352		-	(6) MARITAL STATUS; 3
1353		-
1354		-	(7) MENTAL OR PHYSICAL D ISABILITY; 4
1355		-
1356		-	(8) NATIONAL ORIGIN ; 5
1357		-
1358		-	(9) RACE; 6
1359		-
1360		-	(10) RELIGIOUS AFFILIATIO N, BELIEF, OR OPINION; 7
1361		-
1362		-	(11) SEX; OR 8
1363		-
1364		-	(12) SEXUAL ORIENTATION . 9
1365		-
1366		-	21–202. 10
1367		-
1368		-	A PUBLIC EMPLOYER SHAL L EXTEND TO AN EXCLU SIVE REPRESENTATIVE THE 11
1369		-	RIGHT TO: 12
1370		-
1371		-	(1) REPRESENT PUBLIC EMP LOYEES IN: 13
1372		-
1373		-	(I) NEGOTIATIONS NOTWITH STANDING THE EXISTEN CE OF AN 14
1374		-	AGREEMENT WITH AN EM PLOYEE ORGANIZATION THAT IS NO LONGER CE RTIFIED OR 15
1375		-	RECOGNIZED ; AND 16
1376		-
1377		-	(II) THE SETTLEMENT OF GR IEVANCES; 17
1378		-
1379		-	(2) (I) ON REQUEST , INFORMATION FROM A PUB LIC EMPLOYER 18
1380		-	RELEVANT TO THE ADMI NISTRATION AND NEGOT IATION OF AN AGREEME NT OR THE 19
1381		-	PROPER PERFORMANCE O F THE EMPLOYEE ORGAN IZATION’S DUTIES AS THE 20
1382		-	PUBLIC EMPLOYEES ’ REPRESENTATIVE ; AND 21
1383		-
1384		-	(II) HAVE THE INFORMATION REQUESTED UNDER ITEM (I) OF 22
1385		-	THIS ITEM MADE AVAIL ABLE AS SOON AS PRAC TICABLE, BUT NOT LATER THAN 30 23
1386		-	DAYS AFTER THE PUBLI C EMPLOYER RECEIVES THE REQUEST ; AND 24
1387		-
1388		-	(3) COMMUNICATE WITH ITS MEMBERS AND ELECTED OFFICIALS, IN 25
1389		-	A MANNER AND AT TIME S AT ITS DISCRETION , CONCERNING ISSUES RELEVANT TO 26
1390		-	THE ADMINISTRATION A ND NEGOTIATION OF AN AGREEMENT . 27
1391		-
1392		-	21–203. 28 30 SENATE BILL 367
1393		-
1394		-
1395		-
1396		-	(A) ON WRITTEN REQUEST OF AN EXCLUSIVE REPRESE NTATIVE FOR EACH 1
1397		-	EMPLOYEE IN THE BARG AINING UNIT REPRESEN TED BY THE EXCLUSIVE 2
1398		-	REPRESENTATIVE , THE PUBLIC EMPLOYER , AS APPROPRIATE , SHALL PROVIDE THE 3
1399		-	EXCLUSIVE REPRESENTA TIVE WITH THE EMPLOY EE’S: 4
1400		-
1401		-	(1) NAME; 5
1402		-
1403		-	(2) POSITION CLASSIFICAT ION; 6
1404		-
1405		-	(3) UNIT; 7
1406		-
1407		-	(4) HOME AND WORK SITE A DDRESSES WHERE THE E MPLOYEE 8
1408		-	RECEIVES INTEROFFICE OR UNITED STATES MAIL; 9
1409		-
1410		-	(5) HOME AND WORK SITE T ELEPHONE NUMBERS; 10
1411		-
1412		-	(6) WORK E–MAIL ADDRESS ; AND 11
1413		-
1414		-	(7) POSITION IDENTIFICAT ION NUMBER. 12
1415		-
1416		-	(B) THE PUBLIC EMPLOYER , AS APPROPRIATE , SHALL PROVIDE THE 13
1417		-	EXCLUSIVE REPRESENTA TIVE WITH THE REQUES TED INFORMATION IN A 14
1418		-	SEARCHABLE AND ANALY ZABLE ELECTRONIC FOR MAT. 15
1419		-
1420		-	(C) NAMES OR LISTS OF EMPLO YEES PROVIDED TO THE BOARD IN 16
1421		-	CONNECTION WITH AN E LECTION UNDER THIS T ITLE ARE NOT SUBJECT TO 17
1422		-	DISCLOSURE IN ACCORD ANCE WITH TITLE 4 OF THE GENERAL PROVISIONS 18
1423		-	ARTICLE. 19
1424		-
1425		-	(D) (1) EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (3) OF THIS 20
1426		-	SUBSECTION, AN EXCLUSIVE REPRESE NTATIVE SHALL CONSID ER THE 21
1427		-	INFORMATION THAT IT RECEIVES UNDER THIS SECTION AS CONFIDENT IAL AND MAY 22
1428		-	NOT RELEASE THE INFO RMATION TO ANY PERSO N. 23
1429		-
1430		-	(2) AN EXCLUSIVE REPRESEN TATIVE MAY AUTHORIZE THIRD PARTY 24
1431		-	CONTRACTORS TO USE T HE INFORMATION THAT IT RECE IVES UNDER THIS SECT ION, 25
1432		-	AS DIRECTED BY THE E XCLUSIVE REPRESENTAT IVE, TO CARRY OUT THE EXC LUSIVE 26
1433		-	REPRESENTATIVE ’S STATUTORY DUTIES U NDER THIS TITLE. 27
1434		-
1435		-	(3) AN EXCLUSIVE REPRESEN TATIVE OR AN AUTHORI ZED THIRD 28
1436		-	PARTY CONTRACTOR MAY USE THE INFORMATION THAT IT RECEIVES UNDER THIS 29
1437		-	SECTION FOR THE PURP OSE OF MAINTAINING O R INCREASING EMPLOYE E 30
1438		-	MEMBERSHIP IN AN EMP LOYEE ORGANIZATION . 31 SENATE BILL 367 31
1439		-
1440		-
1441		-
1442		-	(4) ON WRITTEN REQUEST OF AN EMPLOYEE , AN EXCLUSIVE 1
1443		-	REPRESENTATIVE SHALL WITHHOLD FURTHER COM MUNICATION WITH TH E 2
1444		-	EMPLOYEE UNLESS OTHE RWISE REQUIRED BY LA W OR THE WRITTEN REQ UEST IS 3
1445		-	REVOKED BY THE EMPLO YEE. 4
1446		-
1447		-	21–204. 5
1448		-
1449		-	(A) A EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, A PUBLIC 6
1450		-	EMPLOYER HAS THE RIG HT TO: 7
1451		-
1452		-	(1) DETERMINE HOW THE ST ATUTORY MANDATE AND GOALS OF THE 8
1453		-	PUBLIC EMPLOYER , INCLUDING THE FUNCTI ONS AND PROGRAMS OF THE PUBLIC 9
1454		-	EMPLOYER, ITS OVERALL BUDGET , AND ITS ORGANIZATION AL STRUCTURE , ARE TO 10
1455		-	BE CARRIED OUT ; AND 11
1456		-
1457		-	(2) DIRECT EMPLOYEES OF THE PUBLIC EMPLOYER . 12
1458		-
1459		-	(B) THE STATE, THROUGH ITS APPROPRI ATE OFFICERS AND EMPLOYEE S, 13
1460		-	HAS THE RIGHT TO : 14
1461		-
1462		-	(1) (I) DETERMINE THE MISSIO N, BUDGET, ORGANIZATION , 15
1463		-	NUMBERS, TYPES AND GRADES OF EMPLOYEES ASSIGNED , THE WORK PROJECTS , 16
1464		-	TOURS OF DUTY , METHODS, MEANS, AND PERSONNEL BY WHI CH ITS OPERATIONS 17
1465		-	ARE TO BE CONDUCTED , TECHNOLOGY NEEDED , INTERNAL SECURITY PR ACTICES, 18
1466		-	AND RELOCATION OF IT S FACILITIES; AND 19
1467		-
1468		-	(II) MAINTAIN AND IMPROVE THE EFFICIENCY AND 20
1469		-	EFFECTIVENESS OF GOV ERNMENTAL OPERATIONS ; 21
1470		-
1471		-	(2) DETERMINE THE : 22
1472		-
1473		-	(I) SERVICES TO BE RENDE RED, OPERATIONS TO BE 23
1474		-	PERFORME D, AND TECHNOLOGY TO BE USED; AND 24
1475		-
1476		-	(II) OVERALL METHODS , PROCESSES, MEANS, AND CLASSES OF 25
1477		-	WORK OR PERSONNEL BY WHICH GOVERNMENTAL O PERATIONS ARE TO BE 26
1478		-	CONDUCTED ; 27
1479		-
1480		-	(3) HIRE, DIRECT, SUPERVISE, AND ASSIGN EMPLOYEES ; 28
1481		-
1482		-	(4) (I) PROMOTE, DEMOTE, DISCIPLINE, DISCHARGE, RETAIN, AND 29
1483		-	LAY OFF EMPLOYEES ; AND 30
1484		-	32 SENATE BILL 367
1485		-
1486		-
1487		-	(II) TERMINATE EMPLOYMENT BECAUSE OF LACK OF F UNDS, 1
1488		-	LACK OF WORK , UNDER CONDITIONS WHE RE THE EMPLOYER DETE RMINES 2
1489		-	CONTINUED WORK WOULD BE INEFFICIENT OR NO NPRODUCTIVE , OR FOR OTHER 3
1490		-	LEGITIMATE REA SONS; 4
1491		-
1492		-	(5) SET THE QUALIFICATIO NS OF EMPLOYEES FOR APPOINTMENT 5
1493		-	AND PROMOTION , AND SET STANDARDS OF CONDUCT; 6
1494		-
1495		-	(6) ADOPT STATE OR DEPARTMENT RULES , REGULATIONS , OR 7
1496		-	PROCEDURES ; 8
1497		-
1498		-	(7) PROVIDE A SYSTEM OF MERIT EMPLOYMENT ACC ORDING TO THE 9
1499		-	STANDARD OF BUSINESS EFFICIENCY ; AND 10
1500		-
1501		-	(8) TAKE ACTIONS NOT OTH ERWISE SPECIFIED IN THIS SECTION TO 11
1502		-	CARRY OUT THE MISSIO N OF THE EMPLOYER . 12
1503		-
1504		-	21–205. 13
1505		-
1506		-	(A) A PUBLIC EMPLOYER IS P ROHIBITED FROM ENGAG ING IN A LOCKOUT . 14
1507		-
1508		-	(B) PUBLIC EMPLOYEES ARE PROHIBITED FROM ENGA GING IN A STRIKE. 15
1509		-
1510		-	21–206. 16
1511		-
1512		-	(A) A PUBLIC EMPLOYER AND ITS OFFICERS, EMPLOYEES, AGENTS, OR 17
1513		-	REPRESENTATIVES ARE PROHIBITED FROM ENGA GING IN ANY UNFAIR L ABOR 18
1514		-	PRACTICE, INCLUDING: 19
1515		-
1516		-	(1) INTERFERING WITH , RESTRAINING, OR COERCING EMPLOYEE S IN 20
1517		-	THE EXERCISE OF THEI R RIGHTS UNDER THIS TI TLE; 21
1518		-
1519		-	(2) DOMINATING , INTERFERING WITH , CONTRIBUTING FINANCI AL OR 22
1520		-	OTHER SUPPORT TO , OR ASSISTING IN THE FORMATION, EXISTENCE, OR 23
1521		-	ADMINISTRATION OF AN Y EMPLOYEE ORGANIZAT ION; 24
1522		-
1523		-	(3) GRANTING ADMINISTRAT IVE LEAVE TO EMPLOYE ES TO ATTEND 25
1524		-	EMPLOYER SPONSORED O R SUPPORTED MEETINGS OR EVENTS RELATING T O AN 26
1525		-	ELECTION UNDER SUBTITLE 4 OF THIS TITLE, UNLESS THE PUBLIC EM PLOYER 27
1526		-	GRANTS EMPLOYEES AT LEAST THE SAME AMOUN T OF ADMINISTRATIVE LEAVE TO 28
1527		-	ATTEND LABOR ORGANIZ ATION SPONSORED OR S UPPORTED MEET INGS OR 29
1528		-	EMPLOYEE MEETINGS ; 30
1529		-	SENATE BILL 367 33
1530		-
1531		-
1532		-	(4) DISCRIMINATING IN HI RING, TENURE, OR ANY TERM OR 1
1533		-	CONDITION OF EMPLOYM ENT TO ENCOURAGE OR DISCOURAGE MEMBERSHI P IN AN 2
1534		-	EMPLOYEE ORGANIZATIO N; 3
1535		-
1536		-	(5) DISCHARGING OR DISCR IMINATING AGAINST AN EMPLOYEE 4
1537		-	BECAUSE OF THE SIGNI NG OR FILING OF AN AFFIDAV IT, PETITION, OR COMPLAINT , 5
1538		-	OR GIVING INFORMATIO N OR TESTIMONY IN CO NNECTION WITH MATTER S UNDER 6
1539		-	THIS TITLE; 7
1540		-
1541		-	(6) FAILING TO PROVIDE A LL EMPLOYEE ORGANIZA TIONS INVOLVED 8
1542		-	IN AN ELECTION THE S AME RIGHTS OF ACCESS AS REQUIRED BY THE BOARD 9
1543		-	THROUGH REGULATION ; 10
1544		-
1545		-	(7) ENGAGING IN SURVEILL ANCE OF UNION ACTIVI TIES; 11
1546		-
1547		-	(8) REFUSING TO BARGAIN IN GOOD FAITH; 12
1548		-
1549		-	(9) FAILING TO MEET AN E STABLISHED NEGOTIATI ON DEADLINE , 13
1550		-	UNLESS A WRITTEN AGR EEMENT BETWEEN THE P UBLIC EMPLOYER AND T HE 14
1551		-	EXCLUSIVE REPRESENTA TIVE PROVIDES OTHERW ISE; 15
1552		-
1553		-	(10) ENGAGING IN A LOCKOU T; OR 16
1554		-
1555		-	(11) SPENDING PUBLIC MONE Y, USING PUBLIC RESOURC ES, OR 17
1556		-	PROVIDING ASSISTANCE T O AN INDIVIDUAL OR G ROUP FOR A NEGATIVE CAMPAIGN 18
1557		-	AGAINST EFFORTS BY E MPLOYEES OF A PUBLIC EMPLOYER OR AN EMPLO YEE 19
1558		-	ORGANIZATION TO : 20
1559		-
1560		-	(I) GAIN OR RETAIN COLLE CTIVE BARGAINING RIG HTS; OR 21
1561		-
1562		-	(II) CERTIFY AN EMPLOYEE ORGANIZATION AS AN EXCLUSIVE 22
1563		-	REPRESENTATIVE . 23
1564		-
1565		-	(B) EMPLOYEE ORGANIZATION S AND THEIR AGENTS O R REPRESENTATIVES 24
1566		-	ARE PROHIBITED FROM ENGAGING IN ANY UNFA IR LABOR PRACTICE , INCLUDING: 25
1567		-
1568		-	(1) INTERFERING WITH , RESTRAINING, OR COERCING EMPLOYEE S IN 26
1569		-	THE EXERCISE OF THEI R RIGHTS UND ER THIS TITLE; 27
1570		-
1571		-	(2) CAUSING OR ATTEMPTIN G TO CAUSE A PUBLIC EMPLOYER TO 28
1572		-	DISCRIMINATE IN HIRI NG, TENURE, OR ANY TERM OR CONDI TION OF EMPLOYMENT 29
1573		-	TO ENCOURAGE OR DISC OURAGE MEMBERSHIP IN AN EMPLOYEE ORGANIZA TION; 30
	1287	+	(II) HAVE THE INFORMATION REQUESTED UNDER ITEM (I) OF 1
	1288	+	THIS ITEM MADE AVAILABLE AS SOON AS PRACTICABLE , BUT NOT LATER THAN 30 2
	1289	+	DAYS AFTER THE PUBLIC EMPLOYER RECEIVES THE REQUEST ; AND 3
	1290	+
	1291	+	(3) COMMUNICATE WITH ITS MEMBERS AND ELECTED OFFICIALS, IN 4
	1292	+	A MANNER AND AT TIME S AT ITS DISCRETION , CONCERNING ISSUES RE LEVANT TO 5
	1293	+	THE ADMINISTRATION A ND NEGOTIATION OF AN AGREEMENT . 6
	1294	+
	1295	+	21–203. 7
	1296	+
	1297	+	(A) ON WRITTEN REQUEST OF AN EXCLUSIVE REP RESENTATIVE FOR EACH 8
	1298	+	EMPLOYEE IN THE BARG AINING UNIT REPRESEN TED BY THE EXCLUSIVE 9
	1299	+	REPRESENTATIVE , THE PUBLIC EMPLOYER , AS APPROPRIATE , SHALL PROVIDE THE 10
	1300	+	EXCLUSIVE REPRESENTA TIVE WITH THE EMPLOY EE’S: 11
	1301	+
	1302	+	(1) NAME; 12
	1303	+
	1304	+	(2) POSITION CLASSIFICAT ION; 13
	1305	+
	1306	+	(3) UNIT; 14
	1307	+
	1308	+	(4) HOME AND WORK SITE A DDRESSES WHERE THE E MPLOYEE 15
	1309	+	RECEIVES INTEROFFICE OR UNITED STATES MAIL; 16
	1310	+
	1311	+	(5) HOME AND WORK SITE T ELEPHONE NUMBERS ; 17
	1312	+
	1313	+	(6) WORK E–MAIL ADDRESS ; AND 18
	1314	+
	1315	+	(7) POSITION IDENTIFICAT ION NUMBER. 19
	1316	+
	1317	+	(B) THE PUBLIC EMPLOYER , AS APPROPRIATE , SHALL PROVIDE THE 20
	1318	+	EXCLUSIVE REPRESENTA TIVE WITH THE REQUES TED INFORMATION IN A 21
	1319	+	SEARCHABLE AND ANALY ZABLE ELECTRONIC FOR MAT. 22
	1320	+
	1321	+	(C) NAMES OR LISTS OF EMP LOYEES PROVIDED TO T HE BOARD IN 23
	1322	+	CONNECTION WITH AN E LECTION UNDER THIS T ITLE ARE NOT SUBJECT TO 24
	1323	+	DISCLOSURE IN ACCORD ANCE WITH TITLE 4 OF THE GENERAL PROVISIONS 25
	1324	+	ARTICLE. 26
	1325	+
	1326	+	(D) (1) EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (3) OF THIS 27
	1327	+	SUBSECTION, AN EXCLUSIVE REPRESE NTATIVE SHALL CONSID ER THE 28
	1328	+	INFORMATION THAT IT RECEIVES UNDER THIS SECTION AS CONFID ENTIAL AND MAY 29
	1329	+	NOT RELEASE THE INFO RMATION TO ANY PERSO N. 30 SENATE BILL 367 29
	1330	+
	1331	+
	1332	+
	1333	+	(2) AN EXCLUSIVE REPRESEN TATIVE MAY AUTHORIZE THIRD PARTY 1
	1334	+	CONTRACTORS TO USE T HE INFORMATION THAT IT RECEIVES UNDER TH IS SECTION, 2
	1335	+	AS DIRECTED BY THE E XCLUSIVE REPRESENTAT IVE, TO CARRY OUT THE EXC LUSIVE 3
	1336	+	REPRESENTATIVE ’S STATUTORY DUTIES U NDER THIS TITLE. 4
	1337	+
	1338	+	(3) AN EXCLUSIVE REPRESEN TATIVE OR AN AUTHORI ZED THIRD 5
	1339	+	PARTY CONTRACTOR MAY USE THE INFORMATION THAT IT RECEIVES UND ER THIS 6
	1340	+	SECTION FOR THE PURP OSE OF MAINTAINING O R INCREASING EMPLOYE E 7
	1341	+	MEMBERSH IP IN AN EMPLOYEE OR GANIZATION. 8
	1342	+
	1343	+	(4) ON WRITTEN REQUEST OF AN EMPLOYEE , AN EXCLUSIVE 9
	1344	+	REPRESENTATIVE SHALL WITHHOLD FURTHER COM MUNICATION WITH THE 10
	1345	+	EMPLOYEE UNLESS OTHE RWISE REQUIRED BY LA W OR THE WRITTEN REQ UEST IS 11
	1346	+	REVOKED BY THE EMPLO YEE. 12
	1347	+
	1348	+	21–204. 13
	1349	+
	1350	+	A PUBLIC EMPLOYER HAS TH E RIGHT TO: 14
	1351	+
	1352	+	(1) DETERMINE HOW THE STA TUTORY MANDATE AND G OALS OF THE 15
	1353	+	PUBLIC EMPLOYER , INCLUDING THE FUNCTI ONS AND PROGRAMS OF THE PUBLIC 16
	1354	+	EMPLOYER, ITS OVERALL BUDGET , AND ITS ORGANIZATION AL STRUCTURE , ARE TO 17
	1355	+	BE CARRIED OUT ; AND 18
	1356	+
	1357	+	(2) DIRECT EMPLOYEES OF THE PUB LIC EMPLOYER . 19
	1358	+
	1359	+	21–205. 20
	1360	+
	1361	+	(A) A PUBLIC EMPLOYER IS PROHIBITED FROM E NGAGING IN A LOCKOUT . 21
	1362	+
	1363	+	(B) PUBLIC EMPLOYEES ARE PROHIB ITED FROM ENGAGING I N A STRIKE. 22
	1364	+
	1365	+	21–206. 23
	1366	+
	1367	+	(A) A PUBLIC EMPLOYER AND ITS OFFICERS , EMPLOYEES, AGENTS, OR 24
	1368	+	REPRESENTATIVES ARE PROHIBITED FROM ENGA GING IN ANY UNFAIR L ABOR 25
	1369	+	PRACTICE, INCLUDING: 26
	1370	+
	1371	+	(1) INTERFERING WITH , RESTRAINING, OR COERCING EMPLOYEE S IN 27
	1372	+	THE EXERCISE OF THEI R RIGHTS UNDER THIS TITLE; 28
	1373	+	30 SENATE BILL 367
	1374	+
	1375	+
	1376	+	(2) DOMINATING , INTERFERING WITH , CONTRIBUTING FINANCI AL OR 1
	1377	+	OTHER SUPPORT TO , OR ASSISTING IN THE FORMATION, EXISTENCE, OR 2
	1378	+	ADMINISTRATION OF AN Y EMPLOYEE ORGANIZATION ; 3
	1379	+
	1380	+	(3) GRANTING ADMINISTRAT IVE LEAVE TO EMPLOYE ES TO ATTEND 4
	1381	+	EMPLOYER SPONSORED O R SUPPORTED MEETINGS OR EVENTS RELATING TO A N 5
	1382	+	ELECTION UNDER SUBTITLE 4 OF THIS TITLE, UNLESS THE PUBLIC EMPLOYER 6
	1383	+	GRANTS EMPLOYEES AT LEAST THE SAME AMOUN T OF ADMINISTRATIVE LEAVE TO 7
	1384	+	ATTEND LABOR ORGANIZ ATION SPONSORED OR S UPPORTED MEETINGS OR 8
	1385	+	EMPLOYEE MEETINGS ; 9
	1386	+
	1387	+	(4) DISCRIMINATING IN HI RING, TENURE, OR ANY TERM OR 10
	1388	+	CONDITION OF EMPLOYM ENT TO ENCOURAGE OR DISCOURAGE MEMBERSHI P IN AN 11
	1389	+	EMPLOYEE ORGANIZATIO N; 12
	1390	+
	1391	+	(5) DISCHARGING OR DISCR IMINATING AGAINST AN EMPLOYEE 13
	1392	+	BECAUSE OF THE SIGNI NG OR FILING OF AN A FFIDAVIT, PETITION, OR COMPLAINT , 14
	1393	+	OR GIVING INFORMATIO N OR TESTIMONY IN CO NNECTION WITH MATTER S UNDER 15
	1394	+	THIS TITLE; 16
	1395	+
	1396	+	(6) FAILING TO PROVIDE A LL EMPLOYEE ORGANIZA TIONS INVOLVED 17
	1397	+	IN AN ELECTION THE S AME RIGHTS OF ACCESS AS REQUIRED BY THE BOARD 18
	1398	+	THROUGH REGULATION ; 19
	1399	+
	1400	+	(7) ENGAGING IN SURVEILLANCE O F UNION ACTIVITIES ; 20
	1401	+
	1402	+	(8) REFUSING TO BARGAIN IN GOOD FAITH; 21
	1403	+
	1404	+	(9) FAILING TO MEET AN E STABLISHED NEGOTIATI ON DEADLINE , 22
	1405	+	UNLESS A WRITTEN AGR EEMENT BETWEEN THE P UBLIC EMPLOYER AND T HE 23
	1406	+	EXCLUSIVE REPRESENTA TIVE PROVIDES OTHERWISE ; 24
	1407	+
	1408	+	(10) ENGAGING IN A LOCKOU T; OR 25
	1409	+
	1410	+	(11) SPENDING PUBLIC MONEY , USING PUBLIC RESOURCES , OR 26
	1411	+	PROVIDING ASSISTANCE TO AN IND IVIDUAL OR GROUP FOR A NEGATIVE CAMPAIGN 27
	1412	+	AGAINST EFFORTS BY E MPLOYEES OF A PUBLIC EMPLOYER OR AN EMPLO YEE 28
	1413	+	ORGANIZATION TO : 29
	1414	+
	1415	+	(I) GAIN OR RETAIN COLLE CTIVE BARGAINING RIG HTS; OR 30
	1416	+
	1417	+	(II) CERTIFY AN EMPLOYEE ORGANIZATION AS AN E XCLUSIVE 31
	1418	+	REPRESENTATIVE . 32 SENATE BILL 367 31
	1419	+
	1420	+
	1421	+
	1422	+	(B) EMPLOYEE ORGANIZATION S AND THEIR AGENTS O R REPRESENTATIVES 1
	1423	+	ARE PROHIBITED FROM ENGAGING IN ANY UNFA IR LABOR PRACTICE , INCLUDING: 2
	1424	+
	1425	+	(1) INTERFERING WITH , RESTRAINING, OR COERCING EMPLOYEE S IN 3
	1426	+	THE EXERCISE OF THEI R RIGHTS UNDER THIS TITLE; 4
	1427	+
	1428	+	(2) CAUSING OR ATTEMPTIN G TO CAUSE A PUBLIC EMPLOYER TO 5
	1429	+	DISCRIMINATE IN HIRI NG, TENURE, OR ANY TERM OR CONDI TION OF EMPLOYMENT 6
	1430	+	TO ENCOURAGE OR DISCOURAG E MEMBERSHIP IN AN E MPLOYEE ORGANIZATION ; 7
	1431	+
	1432	+	(3) ENGAGING IN , INDUCING, OR ENCOURAGING ANY P ERSON TO 8
	1433	+	ENGAGE IN A STRIKE , AS DEFINED IN § 21–205 OF THIS SUBTITLE; 9
	1434	+
	1435	+	(4) INTERFERING WITH THE STATUTORY DUTIES OF THE STATE OR A 10
	1436	+	PUBLIC EMPLOYER; 11
	1437	+
	1438	+	(5) REFUSING TO BARGAIN IN GOOD FAITH; OR 12
	1439	+
	1440	+	(6) NOT FAIRLY REPRESENT ING EMPLOYEES IN COL LECTIVE 13
	1441	+	BARGAINING OR IN ANY OTHER MATTER IN WHIC H THE EMPLOYEE ORGAN IZATION 14
	1442	+	HAS THE DUTY OF FAIR REPRESENTATION . 15
	1443	+
	1444	+	21–207. 16
	1445	+
	1446	+	(A) EACH EXCLUSIVE REPRES ENTATIVE HAS THE RIGHT TO COM MUNICATE 17
	1447	+	WITH THE EMPLOYEES T HAT IT REPRESENTS . 18
	1448	+
	1449	+	(B) (1) PUBLIC EMPLOYERS SHAL L ALLOW AN EXCLUSIVE 19
	1450	+	REPRESENTATIVE TO : 20
	1451	+
	1452	+	(I) MEET WITH A NEW EMPL OYEE IN A BARGAINING UNIT 21
	1453	+	REPRESENTED BY THE E XCLUSIVE REPRESENTAT IVE WITHIN THE FIRST FULL PAY 22
	1454	+	PERIOD OF THE NEW EM PLOYEE’S START DATE; OR 23
	1455	+
	1456	+	(II) ATTEND AND PARTICIPA TE IN A NEW EMPLOYEE PROGRAM 24
	1457	+	THAT INCLUDES ONE OR MORE EMPLOYEES WHO A RE IN A BARGAINING U NIT 25
	1458	+	REPRESENTED BY THE E XCLUSIVE REPRESENTAT IVE. 26
	1459	+
	1460	+	(2) THE NEW EMPLOYEE PROG RAM DESCRIBED IN PARAGRAPH (1)(II) 27
	1461	+	OF THIS SUBSECTION M AY BE A NEW EMPLOYEE ORIENTATION , TRAINING, OR OTHER 28
	1462	+	PROGRAM THAT THE PUBLIC EMPLOYER AND AN EXCLUSIVE REP RESENTATIVE 29
	1463	+	NEGOTIATE IN ACCORDANCE WITH TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION 30 32 SENATE BILL 367
	1464	+
	1465	+
	1466	+	ARTICLE, TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE, OR TITLE 3 OF THE 1
	1467	+	STATE PERSONNEL AND PENSIONS ARTICLE. 2
	1468	+
	1469	+	(3) EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS SUBSECTION , 3
	1470	+	THE EXCLUSIVE REPRES ENTATIVE SHALL BE ALLOWED AT LEAST 30 MINUTES TO 4
	1471	+	MEET WITH THE NEW EM PLOYEE OR TO COLLECTIVELY ADDRESS ALL NEW 5
	1472	+	EMPLOYEES IN ATTENDA NCE DURING A NEW EMP LOYEE PROGRAM . 6
	1473	+
	1474	+	(4) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 7
	1475	+	PARAGRAPH , A MEETING BETWEEN TH E NEW EMPLOYEE AND T HE EXCLUSIVE 8
	1476	+	REPRESENTATIVE SHALL BE IN PERSON. 9
	1477	+
	1478	+	(II) AN EXCLUSIVE REPRESENTAT IVE MAY CHOOSE TO ME ET 10
	1479	+	WITH A NEW EMPLOYEE BY VIDEO OR SIMILAR TECHNOLOGY IF PUBLIC HEALTH 11
	1480	+	CONCERNS NECESSITATE THAT A MEETING BE CO NDUCTED REMOTELY . 12
	1481	+
	1482	+	(5) A PUBLIC EMPLOYER AND AN EXCLUSIVE REP RESENTATIVE MAY 13
	1483	+	NEGOTIATE A PERIOD O F TIME THAT IS MORE TH AN 30 MINUTES IN ACCORDANCE 14
	1484	+	WITH TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, TITLE 16, SUBTITLE 15
	1485	+	7 OF THE EDUCATION ARTICLE, OR TITLE 3 OF THE STATE PERSONNEL AND 16
	1486	+	PENSIONS ARTICLE. 17
	1487	+
	1488	+	(6) A PUBLIC EMPLOYER : 18
	1489	+
	1490	+	(I) SHALL ENCOURAGE AN EMPLOYEE TO MEET WITH THE 19
	1491	+	EXCLUSIVE REPRESENTA TIVE OR ATTEND THE P ORTION OF A NEW EMPL OYEE 20
	1492	+	PROGRAM DESIGNATED F OR AN EXCLUSIVE REPR ESENTATIVE TO ADDRES S NEW 21
	1493	+	EMPLOYEES; AND 22
	1494	+
	1495	+	(II) MAY NOT REQUIRE AN E MPLOYEE TO MEET WITH AN 23
	1496	+	EXCLUSIVE REPRESENTA TIVE OR ATTEND THE PORTION O F A NEW EMPLOYEE 24
	1497	+	PROGRAM DESIGNATED F OR AN EXCLUSIVE REPR ESENTATIVE TO ADDRES S NEW 25
	1498	+	EMPLOYEES IF THE EMP LOYEE OBJECTS TO ATT ENDING. 26
	1499	+
	1500	+	(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION 27
	1501	+	AND SUBJECT TO PARAG RAPH (3) OF THIS SUBSECTION, A PUBLIC EMPLOYER SHALL 28
	1502	+	PROVIDE THE EXCLUSIV E REPRESENTATIVE AT LEAST 10 DAYS’ NOTICE OF THE 29
	1503	+	START DATE OF A NEW EMPLOYEE IN A BARGAI NING UNIT REPRESENTE D BY THE 30
	1504	+	EXCLUSIVE REPRESENTA TIVE. 31
	1505	+
	1506	+	(2) A PUBLIC EMPLOYER MAY PROVIDE THE EXCL USIVE 32
	1507	+	REPRESENTATIVE WITH LESS TH AN 10 DAYS’ NOTICE IF THERE IS A N URGENT NEED 33
	1508	+	CRITICAL TO THE EMPL OYER THAT WAS NOT RE ASONABLY FORESEEABLE . 34 SENATE BILL 367 33
	1509	+
	1510	+
	1511	+
	1512	+	(3) THE NOTICE REQUIRED U NDER PARAGRAPH (1) OF THIS 1
	1513	+	SUBSECTION SHALL : 2
	1514	+
	1515	+	(I) BE PROVIDED ELECTRON ICALLY TO THE LOCAL PRESIDENT 3
	1516	+	OR EXCLUSIVE REPRESENTA TIVE DESIGNEE WITHIN 5 DAYS OF THE EMPLOYEE ’S 4
	1517	+	FIRST CHECK–IN; 5
	1518	+
	1519	+	(II) EXCEPT AS PROVIDED I N ITEM (III) OF THIS PARAGRAPH , 6
	1520	+	INCLUDE THE NEW EMPL OYEE’S NAME, UNIT, AND ALL EMPLOYEE IDE NTIFICATION 7
	1521	+	NUMBERS, INCLUDING WORKDAY NUMBERS ; 8
	1522	+
	1523	+	(III) EXCLUDE THE NEW EMPL OYEE’S SOCIAL SECURITY 9
	1524	+	NUMBER; AND 10
	1525	+
	1526	+	(IV) BE CONSIDERED CONFID ENTIAL BY AN EXCLUSI VE 11
	1527	+	REPRESENTATIVE . 12
	1528	+
	1529	+	(4) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 13
	1530	+	PARAGRAPH , AN EXCLUSIVE REPRESE NTATIVE MAY NOT DISC LOSE THE 14
	1531	+	INFORMATION IN A NOT ICE. 15
	1532	+
	1533	+	(II) THE EXECUTIVE REPRESE NTATIVE MAY AUTHORIZ E A 16
	1534	+	THIRD–PARTY CONTRACTOR TO USE THE INFORMATION IN A NOTICE, AS DIRECTED 17
	1535	+	BY THE EXCLUSIVE REP RESENTATIVE , TO FULFILL THE EXCLU SIVE 18
	1536	+	REPRESENTATIVE ’S STATUTORY DUTIES . 19
	1537	+
	1538	+	21–208. 20
	1539	+
	1540	+	AN EMPLOYEE ORGANIZATIO N CERTIFIED AS THE E XCLUSIVE 21
	1541	+	REPRESENTATIVE SHALL : 22
	1542	+
	1543	+	(1) SERVE AS THE SOLE AN D EXCLUSIVE BARGAINI NG AGENT FOR ALL 23
	1544	+	EMPLOYEES IN THE BAR GAINING UNIT; 24
	1545	+
	1546	+	(2) REPRESENT FAIRLY AND WITHOUT DISCRIMINATI ON ALL 25
	1547	+	EMPLOYEES IN THE BAR GAINING UNI T, WHETHER OR NOT THE E MPLOYEES ARE 26
	1548	+	MEMBERS OF THE EMPLO YEE ORGANIZATION OR ARE PAYING DUES OR O THER 27
	1549	+	CONTRIBUTIONS TO IT OR PARTICIPATING IN ITS AFFAIRS; AND 28
	1550	+
	1551	+	(3) PROMPTLY FILE WITH T HE BOARD ALL CHANGES AND 29
	1552	+	AMENDMENTS TO THE OR GANIZATION’S GOVERNING DOC UMENTS. 30
1574	1553		34 SENATE BILL 367
1575	1554
1576	1555
1577		-	(3) ENGAGING IN , INDUCING, OR ENCOURAGING ANY PERSON TO 1
1578		-	ENGAGE IN A STRIKE , AS DEFINED IN § 21–205 OF THIS SUBTITLE; 2
1579		-
1580		-	(4) INTERFERING WITH THE STATUTORY DUTIES OF THE STATE OR A 3
1581		-	PUBLIC EMPLOYER ; 4
1582		-
1583		-	(5) REFUSING TO BARGAIN IN GOOD FAITH; OR 5
1584		-
1585		-	(6) NOT FAIRLY REPRESENT ING EMPLOYEES IN COL LECTIVE 6
1586		-	BARGAINING OR IN ANY OTHER MATTER IN WHIC H THE EMPLOYEE ORGAN IZATION 7
1587		-	HAS THE DUTY OF FAIR REPRESENTATION . 8
1588		-
1589		-	21–207. 9
1590		-
1591		-	(A) EACH EXCLUSIVE REPRES ENTATIVE HAS THE RIG HT TO COMMUNICATE 10
1592		-	WITH THE EMPLOYEES T HAT IT REPRESENTS . 11
1593		-
1594		-	(B) (1) PUBLIC EMPLOYERS SHAL L ALLOW AN EXCLUSIVE 12
1595		-	REPRESENTATIVE TO : 13
1596		-
1597		-	(I) MEET WITH A NEW EMPL OYEE IN A BARGAINING UNIT 14
1598		-	REPRESENTED BY THE E XCLUSIVE REPRESENTAT IVE WITHIN THE FIRST FULL PAY 15
1599		-	PERIOD OF THE NEW EM PLOYEE’S START DATE; OR 16
1600		-
1601		-	(II) ATTEND AND PARTICIPA TE IN A NEW EMPLOYEE PROGRAM 17
1602		-	THAT INCLUDES ONE OR MORE EMPLOYEES WHO A RE IN A BARGAINING U NIT 18
1603		-	REPRESENTED BY THE E XCLUSIVE REPRESENTAT IVE. 19
1604		-
1605		-	(2) THE NEW EMPLOYEE PROG RAM DESCRIBED IN PAR AGRAPH (1)(II) 20
1606		-	OF THIS SUBSECTION M AY BE A NEW EMPLOYEE ORIENTATION , TRAINING, OR OTHER 21
1607		-	PROGRAM THAT THE PUBLI C EMPLOYER AND AN EX CLUSIVE REPRESENTATI VE 22
1608		-	NEGOTIATE IN ACCORDA NCE WITH TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION 23
1609		-	ARTICLE, TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE, OR TITLE 3 OF THE 24
1610		-	STATE PERSONNEL AND PENSIONS ARTICLE. 25
1611		-
1612		-	(3) EXCEPT AS PROVIDED IN P ARAGRAPH (5) OF THIS SUBSECTION , 26
1613		-	THE EXCLUSIVE REPRES ENTATIVE SHALL BE AL LOWED AT LEAST 30 MINUTES TO 27
1614		-	MEET WITH THE NEW EM PLOYEE OR TO COLLECT IVELY ADDRESS ALL NE W 28
1615		-	EMPLOYEES IN ATTENDA NCE DURING A NEW EMP LOYEE PROGRAM . 29
1616		-
1617		-	(4) (I) EXCEPT AS PROVIDED IN SUBPA RAGRAPH (II) OF THIS 30
1618		-	PARAGRAPH , A MEETING BETWEEN TH E NEW EMPLOYEE AND T HE EXCLUSIVE 31
1619		-	REPRESENTATIVE SHALL BE IN PERSON. 32
1620		-	SENATE BILL 367 35
1621		-
1622		-
1623		-	(II) AN EXCLUSIVE REPRESEN TATIVE MAY CHOOSE TO MEET 1
1624		-	WITH A NEW EMPLOYEE BY VIDEO OR SIMILAR TECHNOLOGY IF PUBLI C HEALTH 2
1625		-	CONCERNS NECESSITATE THAT A MEETING BE CO NDUCTED REMOTELY . 3
1626		-
1627		-	(5) A PUBLIC EMPLOYER AND AN EXCLUSIVE REPRESE NTATIVE MAY 4
1628		-	NEGOTIATE A PERIOD O F TIME THAT IS MORE THAN 30 MINUTES IN ACCORDANC E 5
1629		-	WITH TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, TITLE 16, SUBTITLE 6
1630		-	7 OF THE EDUCATION ARTICLE, OR TITLE 3 OF THE STATE PERSONNEL AND 7
1631		-	PENSIONS ARTICLE. 8
1632		-
1633		-	(6) A PUBLIC EMPLOYER : 9
1634		-
1635		-	(I) SHALL ENCOURAGE AN E MPLOYEE TO MEET WITH THE 10
1636		-	EXCLUSIVE REPRESENTA TIVE OR ATTEND THE P ORTION OF A NEW EMPL OYEE 11
1637		-	PROGRAM DE SIGNATED FOR AN EXCL USIVE REPRESENTATIVE TO ADDRESS NEW 12
1638		-	EMPLOYEES; AND 13
1639		-
1640		-	(II) MAY NOT REQUIRE AN E MPLOYEE TO MEET WITH AN 14
1641		-	EXCLUSIVE REPRESENTA TIVE OR ATTEND THE P ORTION OF A NEW EMPL OYEE 15
1642		-	PROGRAM DESIGNATED F OR AN EXCLUSIVE REPR ESENTATIVE TO ADDRES S NEW 16
1643		-	EMPLOYEES IF THE EMPL OYEE OBJECTS TO ATTE NDING. 17
1644		-
1645		-	(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION 18
1646		-	AND SUBJECT TO PARAG RAPH (3) OF THIS SUBSECTION , A PUBLIC EMPLOYER SH ALL 19
1647		-	PROVIDE THE EXCLUSIV E REPRESENTATIVE AT LEAST 10 DAYS’ NOTICE OF THE 20
1648		-	START DATE OF A NEW EM PLOYEE IN A BARGAINI NG UNIT REPRESENTED BY THE 21
1649		-	EXCLUSIVE REPRESENTA TIVE. 22
1650		-
1651		-	(2) A PUBLIC EMPLOYER MAY PROVIDE THE EXCLUSIV E 23
1652		-	REPRESENTATIVE WITH LESS THAN 10 DAYS’ NOTICE IF THERE IS A N URGENT NEED 24
1653		-	CRITICAL TO THE EMPL OYER THAT WAS NOT REASONABLY FORESEEAB LE. 25
1654		-
1655		-	(3) THE NOTICE REQUIRED U NDER PARAGRAPH (1) OF THIS 26
1656		-	SUBSECTION SHALL : 27
1657		-
1658		-	(I) BE PROVIDED ELECTRON ICALLY TO THE LOCAL PRESIDENT 28
1659		-	OR EXCLUSIVE REPRESE NTATIVE DESIGNEE WIT HIN 5 DAYS OF THE EMPLOYEE ’S 29
1660		-	FIRST CHECK–IN; 30
1661		-
1662		-	(II) EXCEPT AS PROVIDED IN ITEM (III) OF THIS PARAGRAPH , 31
1663		-	INCLUDE THE NEW EMPL OYEE’S NAME, UNIT, AND ALL EMPLOYEE IDE NTIFICATION 32
1664		-	NUMBERS, INCLUDING WORKDAY NUMBERS ; 33
1665		-	36 SENATE BILL 367
1666		-
1667		-
1668		-	(III) EXCLUDE THE NEW EMPL OYEE’S SOCIAL SECURITY 1
1669		-	NUMBER; AND 2
1670		-
1671		-	(IV) BE CONSIDERED CONFID ENTIAL BY AN EXCLUSIVE 3
1672		-	REPRESENTATIVE . 4
1673		-
1674		-	(4) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 5
1675		-	PARAGRAPH , AN EXCLUSIVE REPRESE NTATIVE MAY NOT DISC LOSE THE 6
1676		-	INFORMATION IN A NOT ICE. 7
1677		-
1678		-	(II) THE EXECUTIVE EXCLUSIVE REPRESENTATIVE MAY 8
1679		-	AUTHORIZE A THIRD –PARTY CONTRAC TOR TO USE THE INFOR MATION IN A NOTICE , 9
1680		-	AS DIRECTED BY THE E XCLUSIVE REPRESENTAT IVE, TO FULFILL THE EXCLU SIVE 10
1681		-	REPRESENTATIVE ’S STATUTORY DUTIES . 11
1682		-
1683		-	21–208. 12
1684		-
1685		-	AN EMPLOYEE ORGANIZAT ION CERTIFIED AS THE EXCLUSIVE 13
1686		-	REPRESENTATIVE SHALL : 14
1687		-
1688		-	(1) SERVE AS THE SOLE A ND EXCLUSIVE BARGAIN ING AGENT FOR ALL 15
1689		-	EMPLOYEES IN THE BAR GAINING UNIT; 16
1690		-
1691		-	(2) REPRESENT FAIRLY AND WITHOUT DISCRIMINATI ON ALL 17
1692		-	EMPLOYEES IN THE BAR GAINING UNIT, WHETHER OR NOT THE E MPLOYEES ARE 18
1693		-	MEMBERS OF THE EMPLO YEE ORGANIZATION OR ARE PAYING DUES OR O THER 19
1694		-	CONTRIBUTIONS TO IT OR PARTICIPATING IN ITS AFFAIRS; AND 20
1695		-
1696		-	(3) PROMPTLY FILE WITH T HE BOARD ALL CHANGES AND 21
1697		-	AMENDMENTS TO THE OR GANIZATION’S GOVERNING DOCUMENT S. 22
1698		-
1699		-	21–209. 23
1700		-
1701		-	(A) AN EMPLOYEE ORGANIZAT ION IS ENTITLED TO M EMBERSHIP DUES 24
1702		-	DEDUCTION, ON PRESENTATION BY THE EMPLOYEE ORGANIZATIO N OF: 25
1703		-
1704		-	(1) DUES DEDUCTION AUTHO RIZATION CARDS ; 26
1705		-
1706		-	(2) ELECTRONIC MEMBERSHI P APPLICATION; OR 27
1707		-
1708		-	(3) OTHER METHOD BY WHIC H AN EMPLOYEE HAS MA NIFESTED 28
1709		-	ASSENT FOR MEMBERSHI P DUES DEDUCTION . 29
	1556	+	21–209. 1
	1557	+
	1558	+	(A) AN EMPLOYEE ORGANIZAT ION IS ENTITLED TO MEMBERSH IP DUES 2
	1559	+	DEDUCTION, ON PRESENTATION BY THE EMPLOYEE ORGA NIZATION OF: 3
	1560	+
	1561	+	(1) DUES DEDUCTION AUTHO RIZATION CARDS ; 4
	1562	+
	1563	+	(2) ELECTRONIC MEMBERSHI P APPLICATION; OR 5
	1564	+
	1565	+	(3) OTHER METHOD BY WHIC H AN EMPLOYEE HAS MANI FESTED 6
	1566	+	ASSENT FOR MEMBERSHI P DUES DEDUCTION . 7
	1567	+
	1568	+	(B) (1) A PUBLIC EMPLOYER SHAL L COMMENCE MAKING DUES 8
	1569	+	DEDUCTIONS AS SOON A S PRACTICABLE , BUT NOT LATER THAN 30 DAYS AFTER 9
	1570	+	RECEIVING THE PROOF PRESENTED UNDER SUBSECTION (A) OF THIS SECTION. 10
	1571	+
	1572	+	(2) A PUBLIC EMPL OYER SHALL TRANSMIT MEMBERSHIP DUES TO 11
	1573	+	THE EMPLOYEE ORGANIZ ATION WITHIN 30 DAYS AFTER THE DEDUCTION S ARE 12
	1574	+	MADE. 13
	1575	+
	1576	+	(3) A PUBLIC EMPLOYER SHAL L ACCEPT AN AUTHORIZ ATION TO 14
	1577	+	DEDUCT FROM THE SALA RY OF A PUBLIC EMPLO YEE AN AMOUNT FOR THE PAYMEN T 15
	1578	+	OF DUES IN ANY FORMA T AUTHORIZED UNDER § 21–106 OF THE COMMERCIAL LAW 16
	1579	+	ARTICLE. 17
	1580	+
	1581	+	(C) THIS SECTION MAY NOT BE CONSTRUED TO REQUIRE AN EMPLOY EE TO 18
	1582	+	BECOME A MEMBER OF AN EMPLOYEE ORGANIZATIO N. 19
	1583	+
	1584	+	(D) (1) THE RIGHT OF AN EMPLOYEE ORGAN IZATION TO MEMBERSHIP 20
	1585	+	DUES DEDUCTION SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL : 21
	1586	+
	1587	+	(I) AN EMPLOYEE REVOKES M EMBERSHIP IN ACCORDANCE 22
	1588	+	WITH A COLLECTIVE BARGAININ G AGREEMENT OR THE M EMBERSHIP APPLICATIO N; 23
	1589	+
	1590	+	(II) THE EMPLOYEE CANCEL S MEMBERSHIP DUES DEDUCTION 24
	1591	+	UNDER § 2–403 OF THE STATE PERSONNEL AND PENSIONS ARTICLE; OR 25
	1592	+
	1593	+	(III) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THE 26
	1594	+	EMPLOYEE IS NO LONGE R EMPLOYED BY THE PU BLIC EMPLOYER . 27
	1595	+
	1596	+	(2) IF WITHIN A PERIOD OF 1 YEAR, THE EMPLOYEE IS EMPLOYED BY 28
	1597	+	THE SAME PUBLIC EMPL OYER IN A POSITION R EPRESENTED BY THE SA ME 29 SENATE BILL 367 35
	1598	+
	1599	+
	1600	+	EXCLUSIVE REPRESENTA TIVE, THE RIGHT TO MEMBERSHIP DUES DEDUCTION 1
	1601	+	SHALL BE AUTOMATICAL LY REINSTATED . 2
	1602	+
	1603	+	(E) IF THE EMPLOYEE WHO HAS CONSENTED TO DUES DE DUCTION IS 3
	1604	+	EITHER REMOVED FROM A PUBLIC EMPLOYER ’S PAYROLL OR OTHERWI SE PLACED 4
	1605	+	ON AN INVOLUNTARY OR VOLUN TARY LEAVE OF ABSENC E, WHETHER PAID OR 5
	1606	+	UNPAID, THE PUBLIC EMPLOYEE ’S MEMBERSHIP DUES DEDU CTION AUTHORIZATION 6
	1607	+	SHALL: 7
	1608	+
	1609	+	(1) REMAIN EFFECTIVE ; AND 8
	1610	+
	1611	+	(2) BE CONTINUED ON THE PUBLIC EMP LOYEE’S RETURN TO THE 9
	1612	+	PAYROLL OR RESTORATI ON TO ACTIVE EMPLOYMENT FROM A LEAVE OF ABSE NCE. 10
	1613	+
	1614	+	(F) IF AN AUTHORIZATION F OR A PUBLIC EMPLOYER TO MAKE 11
	1615	+	MEMBERSHIP DUES DEDU CTION WAS IN EFFECT ON JUNE 30, 2023: 12
	1616	+
	1617	+	(1) THE RIGHT OF THE EMPLOYEE ORGANIZATIO N TO MEMBERSHIP 13
	1618	+	DUES DEDUCTION SHALL CONTINUE UNLESS THE RIGHT IS TERMINATED UNDER 14
	1619	+	SUBSECTION (D) OF THIS SECTION; AND 15
	1620	+
	1621	+	(2) THE EMPLOYEE ORGANIZ ATION MAY NOT BE REQUIRED TO 16
	1622	+	PRESENT NEW AUTHORIZ ATION UNDER SUBSECTION (A) OF THIS SECTION. 17
	1623	+
	1624	+	21–210. 18
	1625	+
	1626	+	(A) A PUBLIC EMPLOYER OR ITS OFFICERS, OR AN AGENT OF THE P UBLIC 19
	1627	+	EMPLOYER, MAY NOT SPEND PUBLIC MONEY, USE PUBLIC RESOURCES , OR PROVIDE 20
	1628	+	ASSISTANCE TO AN IND IVIDUAL OR GROUP FOR A NEGATIVE CAMPAIGN AGAINST 21
	1629	+	EFFORTS BY EMPLOYEES OF A PUBLIC EMPLOYER OR AN EMPLOYEE ORGANIZATION 22
	1630	+	TO: 23
	1631	+
	1632	+	(1) GAIN OR RETAIN COLLE CTIVE BARGAINING RIG HTS; OR 24
	1633	+
	1634	+	(2) CERTIFY AN EMPLOYEE ORGANIZATION AS AN E XCLUSIVE 25
	1635	+	REPRESENTATIVE . 26
	1636	+
	1637	+	(B) (1) WITHIN 7 DAYS AFTER A VALID E LECTION HAS BEEN SCH EDULED 27
	1638	+	UNDER SUBTITLE 4 OF THIS TITLE, THE PUBLIC EMP LOYER SHALL ALLOW PU BLIC 28
	1639	+	EMPLOYEES AND EMPLOY EE ORGANIZATIONS TO ACCESS THE EMPLOYER ’S 29
	1640	+	PROPERTY AND FACILIT IES, INCLUDING GROUNDS , ROOMS, BULLETIN BOARDS , 30
	1641	+	INTEROFFICE MAIL , AND OTHER COMMON ARE AS FOR CAMPAIGN ACTI VITIES FOR 31
	1642	+	THE ELECTION . 32 36 SENATE BILL 367
	1643	+
	1644	+
	1645	+
	1646	+	(2) THE PUBLIC EMPLOYER MAY NOT : 1
	1647	+
	1648	+	(I) LIMIT THE AMOUNT OF TIME A PUBLIC EMPLOY EE HAS 2
	1649	+	ACCESS TO THE PUBLIC EMPLOYER’S PROPERTY AND FACIL ITIES DURING AN 3
	1650	+	ELECTION UNDER THIS SECTION; OR 4
	1651	+
	1652	+	(II) ALTER OR REVISE EXIS TING RULES OR REGULA TIONS TO 5
	1653	+	UNFAIRLY LIMIT OR PR OHIBIT PUBLIC EMPLOYEES OR EMPLOYEE ORGANIZATIO NS 6
	1654	+	FROM EXERCISING THEI R RIGHTS UNDER THIS TITLE. 7
	1655	+
	1656	+	(3) THIS SUBSECTION MAY N OT BE CONSTRUED TO A LLOW CAMPAIGN 8
	1657	+	ACTIVITIES TO INTERF ERE WITH A PUBLIC EM PLOYER’S OPERATIONS. 9
	1658	+
	1659	+	SUBTITLE 3. PUBLIC EMPLOYEE RELATIONS BOARD. 10
	1660	+
	1661	+	21–301. 11
	1662	+
	1663	+	THERE IS A PUBLIC EMPLOYEE RELATIONS BOARD ESTABLISHED AS AN 12
	1664	+	INDEPENDENT UNIT OF STATE GOVERNMENT . 13
	1665	+
	1666	+	21–302. 14
	1667	+
	1668	+	(A) THE BOARD CONSISTS OF THE FOLLOWING FIVE MEMBE RS: 15
	1669	+
	1670	+	(1) A CHAIR APPOINTED BY THE GOVERNOR WITH THE ADV ICE AND 16
	1671	+	CONSENT OF THE SENATE, REPRESENTING THE PUB LIC; 17
	1672	+
	1673	+	(2) TWO MEMBERS CHOSEN F ROM A LIST OF CANDID ATES SUBMITTED 18
	1674	+	BY EACH EXCLUSIVE RE PRESENTATIVE , APPOINTED BY THE GOVERNOR WITH DUE 19
	1675	+	REGARD FOR ANY CANDI DATES WHO HAVE MAJORITY OR PLU RALITY SUPPORT 20
	1676	+	FROM EXCLUSIVE REPRE SENTATIVES, WITH THE ADVICE AND CONSENT OF THE 21
	1677	+	SENATE; AND 22
	1678	+
	1679	+	(3) TWO MEMBERS CHOSEN FROM A LIST O F CANDIDATES SUBMITT ED 23
	1680	+	BY PUBLIC EMPLOYERS , APPOINTED BY THE GOVERNOR WITH THE ADV ICE AND 24
	1681	+	CONSENT OF TH E SENATE. 25
	1682	+
	1683	+	(B) EACH MEMBER OF THE BOARD: 26
	1684	+
	1685	+	(1) MUST HAVE KNOWLEDGE OF AN D EXPERIENCE WITH LA BOR LAW, 27
	1686	+	LABOR MEDIATION , OR LABOR NEGOTIATION S; 28
1710	1687		SENATE BILL 367 37
1711	1688
1712	1689
1713		-	(B) (1) A PUBLIC EMPLOYER SHALL COMMENCE MAKIN G DUES 1
1714		-	DEDUCTIONS AS SOON A S PRACTICABLE , BUT NOT LATER THAN 30 DAYS AFTER 2
1715		-	RECEIVING THE PROOF PRESENTED UNDER SUBS ECTION (A) OF THIS SECTION. 3
1716		-
1717		-	(2) A PUBLIC EMPLOYER SHAL L TRANSMIT MEMBERSHI P DUES TO 4
1718		-	THE EMPLOYEE ORGANIZ ATION WITHIN 30 DAYS AFTER THE DEDUC TIONS ARE 5
1719		-	MADE. 6
1720		-
1721		-	(3) A PUBLIC EMPLOYER SHAL L ACCEPT AN AUTHORIZ ATION TO 7
1722		-	DEDUCT FROM THE SALA RY OF A PUBLIC EMPLO YEE AN AMOUNT FOR TH E PAYMENT 8
1723		-	OF DUES IN ANY FORMA T AUTHORIZED UNDER § 21–106 OF THE COMMERCIAL LAW 9
1724		-	ARTICLE. 10
1725		-
1726		-	(C) THIS SECTION MAY NOT BE CONSTRUED TO REQUIRE AN EMPLOYEE TO 11
1727		-	BECOME A MEMBER OF A N EMPLOYEE ORGANIZAT ION. 12
1728		-
1729		-	(D) (1) THE RIGHT OF AN EMPLO YEE ORGANIZATION TO MEMBERSHIP 13
1730		-	DUES DEDUCTION SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL : 14
1731		-
1732		-	(I) AN EMPLOYEE REVOKES MEMBERSHIP IN ACCORDANCE 15
1733		-	WITH A COLLECTIVE BA RGAINING AGREEMENT O R THE MEMBERSHIP APP LICATION; 16
1734		-
1735		-	(II) THE EMPLOYEE CANCELS MEMBERSHIP DUES DEDU CTION 17
1736		-	UNDER § 2–403 OF THE STATE PERSONNEL AND PENSIONS ARTICLE; OR 18
1737		-
1738		-	(III) SUBJECT TO PARAGRAPH (2) OF THIS SUB SECTION, THE 19
1739		-	EMPLOYEE IS NO LONGE R EMPLOYED BY THE PU BLIC EMPLOYER . 20
1740		-
1741		-	(2) IF WITHIN A PERIOD OF 1 YEAR, THE EMPLOYEE IS EMPL OYED BY 21
1742		-	THE SAME PUBLIC EMPL OYER IN A POSITION R EPRESENTED BY THE SA ME 22
1743		-	EXCLUSIVE REPRESENTA TIVE, THE RIGHT TO MEMBERS HIP DUES DEDUC TION 23
1744		-	SHALL BE AUTOMATICAL LY REINSTATED . 24
1745		-
1746		-	(E) IF THE EMPLOYEE WHO H AS CONSENTED TO DUES DEDUCTION IS 25
1747		-	EITHER REMOVED FROM A PUBLIC EMPLOYER ’S PAYROLL OR OTHERWI SE PLACED 26
1748		-	ON AN INVOLUNTARY OR VOLUNTARY LEAVE OF A BSENCE, WHETHER PAID OR 27
1749		-	UNPAID, THE PUBLIC EMPLOYEE’S MEMBERSHIP DUES DE DUCTION AUTHORIZATIO N 28
1750		-	SHALL: 29
1751		-
1752		-	(1) REMAIN EFFECTIVE ; AND 30
1753		-
1754		-	(2) BE CONTINUED ON THE PUBLIC EMPLOYEE ’S RETURN TO THE 31
1755		-	PAYROLL OR RESTORATI ON TO ACTIVE EMPLOYM ENT FROM A LEAVE OF ABSENCE. 32
1756		-	38 SENATE BILL 367
1757		-
1758		-
1759		-	(F) IF AN AUTHORIZATION F OR A PUBLIC EM PLOYER TO MAKE 1
1760		-	MEMBERSHIP DUES DEDU CTION WAS IN EFFECT ON JUNE 30, 2023: 2
1761		-
1762		-	(1) THE RIGHT OF THE EMP LOYEE ORGANIZATION T O MEMBERSHIP 3
1763		-	DUES DEDUCTION SHALL CONTINUE UNLESS THE RIGHT IS TERMINATED UNDER 4
1764		-	SUBSECTION (D) OF THIS SECTION; AND 5
1765		-
1766		-	(2) THE EMPLOYEE ORGANIZATION MAY NOT BE REQUIRED TO 6
1767		-	PRESENT NEW AUTHORIZ ATION UNDER SUBSECTI ON (A) OF THIS SECTION. 7
1768		-
1769		-	21–210. 8
1770		-
1771		-	(A) A PUBLIC EMPLOYER OR I TS OFFICERS, OR AN AGENT OF THE P UBLIC 9
1772		-	EMPLOYER, MAY NOT SPEND PUBLIC MONEY, USE PUBLIC RESOURCES , OR PROVIDE 10
1773		-	ASSISTANCE TO AN INDIVIDUAL O R GROUP FOR A NEGATI VE CAMPAIGN AGAINST 11
1774		-	EFFORTS BY EMPLOYEES OF A PUBLIC EMPLOYER OR AN EMPLOYEE ORGAN IZATION 12
1775		-	TO: 13
1776		-
1777		-	(1) GAIN OR RETAIN COLLE CTIVE BARGAINING RIG HTS; OR 14
1778		-
1779		-	(2) CERTIFY AN EMPLOYEE ORGANIZATION AS AN E XCLUSIVE 15
1780		-	REPRESENTATIVE . 16
1781		-
1782		-	(B) (1) WITHIN 7 DAYS AFTER A VALID E LECTION HAS BEEN SCH EDULED 17
1783		-	UNDER SUBTITLE 4 OF THIS TITLE, THE PUBLIC EMPLOYER SHALL ALLOW PUBLIC 18
1784		-	EMPLOYEES AND EMPLOY EE ORGANIZATIONS TO ACCESS THE EMPLOYER ’S 19
1785		-	PROPERTY AND FACILIT IES, INCLUDING GROUND S, ROOMS, BULLETIN BOARDS , 20
1786		-	INTEROFFICE MAIL , AND OTHER COMMON ARE AS FOR CAMPAIGN ACTI VITIES FOR 21
1787		-	THE ELECTION . 22
1788		-
1789		-	(2) THE PUBLIC EMPLOYER M AY NOT: 23
1790		-
1791		-	(I) LIMIT THE AMOUNT OF TIME A PUBLIC EMPLOY EE HAS 24
1792		-	ACCESS TO THE PUBLIC EMPLOYER’S PROPERTY AND FACIL ITIES DURING AN 25
1793		-	ELECTION UNDER THIS SECTION; OR 26
1794		-
1795		-	(II) ALTER OR REVISE EXIS TING RULES OR REGULA TIONS TO 27
1796		-	UNFAIRLY LIMIT OR PR OHIBIT PUBLIC EMPLOY EES OR EMPLOYEE ORGA NIZATIONS 28
1797		-	FROM EXERCISING THEI R RIGHTS UNDER THIS TITLE. 29
1798		-
1799		-	(3) THIS SUBSECTION MAY N OT BE CONSTRUED TO ALLOW C AMPAIGN 30
1800		-	ACTIVITIES TO INTERF ERE WITH A PUBLIC EM PLOYER’S OPERATIONS. 31
1801		-
1802		-	SUBTITLE 3. PUBLIC EMPLOYEE RELATIONS BOARD. 32 SENATE BILL 367 39
1803		-
1804		-
1805		-
1806		-	21–301. 1
1807		-
1808		-	THERE IS A PUBLIC EMPLOYEE RELATIONS BOARD ESTABLISHED AS AN 2
1809		-	INDEPENDENT UNIT OF STATE GOVERNMENT . 3
1810		-
1811		-	21–302. 4
1812		-
1813		-	(A) THE BOARD CONSISTS OF THE FOLLOWING FIVE MEMBE RS: 5
1814		-
1815		-	(1) A CHAIR APPOINTED BY THE GOVERNOR WITH THE ADV ICE AND 6
1816		-	CONSENT OF THE SENATE, REPRESENTING THE PUB LIC; 7
1817		-
1818		-	(2) TWO MEMBERS CHOSEN F ROM A LIST OF CANDID ATES SUBMITTED 8
1819		-	BY EACH EXCLUSIVE RE PRESENTATIV E, APPOINTED BY THE GOVERNOR WITH DUE 9
1820		-	REGARD FOR ANY CANDI DATES WHO HAVE MAJOR ITY OR PLURALITY SUP PORT 10
1821		-	FROM EXCLUSIVE REPRE SENTATIVES, WITH THE ADVICE AND CONSENT OF THE 11
1822		-	SENATE; AND 12
1823		-
1824		-	(3) TWO MEMBERS CHOSEN F ROM A LIST OF CANDID ATES SUBMITTED 13
1825		-	BY PUBLIC EM PLOYERS, APPOINTED BY THE GOVERNOR WITH THE ADV ICE AND 14
1826		-	CONSENT OF THE SENATE. 15
1827		-
1828		-	(B) EACH MEMBER OF THE BOARD: 16
1829		-
1830		-	(1) MUST HAVE KNOWLEDGE OF AND EXPERIENCE WI TH LABOR LAW , 17
1831		-	LABOR MEDIATION , OR LABOR NEGOTIATION S; 18
1832		-
1833		-	(2) MAY NOT BE OFFICERS OR EMPLOYEES OF A PUBLIC EMPLOYER , 19
1834		-	OR OF AN EMPLOYEE OR GANIZATION; AND 20
1835		-
1836		-	(3) MUST BE KNOWN FOR OB JECTIVE AND INDEPEND ENT JUDGMENT . 21
1837		-
1838		-	(C) BEFORE TAKING OFFICE , EACH MEMBER SHALL TA KE THE OATH 22
1839		-	REQUIRED BY ARTICLE I, § 9 OF THE MARYLAND CONSTITUTION. 23
1840		-
1841		-	(D) (1) THE TERM OF A MEMBER IS 6 YEARS. 24
1842		-
1843		-	(2) THE TERMS OF MEMBERS ARE STAGGERED AS REQ UIRED BY THE 25
1844		-	TERMS PROVIDED FOR M EMBERS OF THE BOARD ON JULY 1, 2023. 26
1845		-
1846		-	(3) A VACANCY SHALL BE FIL LED FOR AN UNEXPIRED TERM IN THE 27
1847		-	SAME MANNER AS AN OR IGINAL APPOINTMENT . 28
	1690	+	(2) MAY NOT BE OFFICERS OR E MPLOYEES OF A PUBLIC EMPLOYER , 1
	1691	+	OR OF AN EMPLOYEE OR GANIZATION; AND 2
	1692	+
	1693	+	(3) MUST BE KNOWN FOR OBJECTIVE AND INDEPENDENT JUDG MENT. 3
	1694	+
	1695	+	(C) BEFORE TAKING OFFICE , EACH MEMBER SHALL TA KE THE OATH 4
	1696	+	REQUIRED BY ARTICLE I, § 9 OF THE MARYLAND CONSTITUTION. 5
	1697	+
	1698	+	(D) (1) THE TERM OF A MEMBER IS 6 YEARS. 6
	1699	+
	1700	+	(2) THE TERMS OF MEMBERS ARE STAGGERED AS REQ UIRED BY THE 7
	1701	+	TERMS PROVIDED FOR M EMBERS OF THE BOARD ON JULY 1, 2023. 8
	1702	+
	1703	+	(3) A VACANCY SHALL BE FIL LED FOR AN UNEXPIRED TERM IN THE 9
	1704	+	SAME MANNER AS AN OR IGINAL APPOINTMENT . 10
	1705	+
	1706	+	(4) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 11
	1707	+	A SUCCESSOR IS APPOI NTED AND QUALIFIES . 12
	1708	+
	1709	+	(5) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 13
	1710	+	ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 14
	1711	+	QUALIFIES. 15
	1712	+
	1713	+	(E) THE GOVERNOR MAY REMOVE A MEMBER ONLY FOR INCO MPETENCE OR 16
	1714	+	MISCONDUCT . 17
	1715	+
	1716	+	(F) IN MAKING APPOINTMENTS TO THE BOARD, THE GOVERNOR SHALL 18
	1717	+	ENSURE, TO THE EXTENT PRACTI CABLE, THAT THE RATIO OF MALE TO FEMALE 19
	1718	+	MEMBERS AND THE RACI AL MAKEUP OF THE BOARD IS REFLECTIVE O F THE 20
	1719	+	GENERAL POPULATION O F THE STATE. 21
	1720	+
	1721	+	21–303. 22
	1722	+
	1723	+	(A) (1) A MAJORITY OF THE VOTI NG MEMBERS SHALL CONSTI TUTE A 23
	1724	+	QUORUM FOR : 24
	1725	+
	1726	+	(I) THE TRANSACTION OF A NY BUSINESS; OR 25
	1727	+
	1728	+	(II) THE EXERCISE OF ANY POWER OR THE PERFORM ANCE OF 26
	1729	+	ANY DUTY AUTHORIZED OR IMPOSED BY LAW . 27
	1730	+
	1731	+	(2) FORMAL ACTION MAY NOT BE TAKEN BY THE BOARD WITHOUT 28
	1732	+	THE APPROVAL OF A MAJORITY OF THE VOTI NG MEMBERS OF THE BOARD. 29 38 SENATE BILL 367
	1733	+
	1734	+
	1735	+
	1736	+	(B) THE BOARD SHALL SET THE T IMES AND PLACES OF I TS MEETINGS, BUT 1
	1737	+	SHALL MEET AT LEAST ONCE PER MONTH . 2
	1738	+
	1739	+	(C) (1) AN APPOINTED MEMBER O F THE BOARD IS ENTITLED TO : 3
	1740	+
	1741	+	(I) THE COMPENSATION PRO VIDED IN THE STATE BUDGET; 4
	1742	+	AND 5
	1743	+
	1744	+	(II) REIMBURSEMENT FOR EX PENSES UNDER THE STANDARD 6
	1745	+	STATE TRAVEL REGULATIONS AS PROVID ED IN THE STATE BUDGET . 7
	1746	+
	1747	+	(2) THE CHAIR OF THE BOARD SHALL GIVE FULL TIME TO THE DUTIES 8
	1748	+	OF CHAIR AND IS ENTITLED TO A SALARY AS PROVIDED IN THE STATE BUDGET. 9
	1749	+
	1750	+	21–304. 10
	1751	+
	1752	+	(A) (1) THE BOARD SHALL APPOINT A N EXECUTIVE DIRECTOR OF THE 11
	1753	+	BOARD. 12
	1754	+
	1755	+	(2) THE EXECUTIVE DIRECTOR: 13
	1756	+
	1757	+	(I) IS RESPONSIBLE TO AN D SERVES AT THE PLEA SURE OF THE 14
	1758	+	BOARD; 15
	1759	+
	1760	+	(II) MUST HAVE KNOWLEDGE OF AN D EXPERIENCE WITH LA BOR 16
	1761	+	ISSUES; AND 17
	1762	+
	1763	+	(III) IS ENTITLED TO THE S ALARY PROVIDED IN TH E STATE 18
	1764	+	BUDGET. 19
	1765	+
	1766	+	(B) THE EXECUTIVE DIRECTOR SHALL PERFOR M THE DUTIES THAT TH E 20
	1767	+	BOARD ASSIGN S, INCLUDING: 21
	1768	+
	1769	+	(1) OPERATING THE OFFICE OF THE BOARD; AND 22
	1770	+
	1771	+	(2) KEEPING THE OFFICIAL RECORDS OF THE BOARD. 23
	1772	+
	1773	+	(C) THE EXECUTIVE DIRECTOR MAY HIRE ANY STAFF NECESSARY TO 24
	1774	+	CARRY OUT THE PROVIS IONS OF THIS TITLE. 25
	1775	+
	1776	+	21–305. 26
	1777	+	SENATE BILL 367 39
	1778	+
	1779	+
	1780	+	(A) THE BOARD SHALL APPOINT : 1
	1781	+
	1782	+	(1) A DEPUTY DIRECTOR FOR EXECUTIVE BRANCH LABOR 2
	1783	+	RELATIONS; 3
	1784	+
	1785	+	(2) A DEPUTY DIRECTOR FOR PUBLIC S CHOOL LABOR RELATIONS; 4
	1786	+	AND 5
	1787	+
	1788	+	(3) A DEPUTY DIRECTOR FOR PUBLIC H IGHER EDUCATION LABO R 6
	1789	+	RELATIONS. 7
	1790	+
	1791	+	(B) THE DEPUTY DIRECTORS: 8
	1792	+
	1793	+	(1) ARE RESPONSIBLE TO AND S ERVE AT THE PLEASURE OF THE 9
	1794	+	BOARD; 10
	1795	+
	1796	+	(2) MUST HAVE KNOWLEDGE OF AN D EXPERIENCE WITH LA BOR 11
	1797	+	ISSUES AND THE SUBJECT MATT ER AREA ASSOCIATED W ITH THEIR POSITIONS ; AND 12
	1798	+
	1799	+	(3) ARE ENTITLED TO THE SALA RY PROVIDED IN THE STATE BUDGET. 13
	1800	+
	1801	+	21–306. 14
	1802	+
	1803	+	(A) THE BOARD IS RESPONSIBLE FOR ADMINISTERING AN D ENFORCING 15
	1804	+	PROVISIONS OF: 16
	1805	+
	1806	+	(1) THIS TITLE; 17
	1807	+
	1808	+	(2) TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE; 18
	1809	+
	1810	+	(3) TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE; AND 19
	1811	+
	1812	+	(4) TITLE 3 OF THE STATE PERSONNEL AND PENSIONS ARTICLE. 20
	1813	+
	1814	+	(B) IN ADDITION TO ANY OT HER POWERS OR DUTIES PROVIDED FOR 21
	1815	+	ELSEWHERE IN THIS TI TLE, TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, 22
	1816	+	TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE, AND TITLE 3 OF THE STATE 23
	1817	+	PERSONNEL AND PENSIONS ARTICLE, THE BOARD MAY: 24
	1818	+
	1819	+	(1) ESTABLISH PROCEDURES FOR, SUPERVISE THE CONDUC T OF, AND 25
	1820	+	RESOLVE DISPUTES ABO UT ELECTIONS FOR EXC LUSIVE REPRESENTATIV ES; 26
1848	1821		40 SENATE BILL 367
1849	1822
1850	1823
1851		-	(4) AT THE END OF A TERM, A MEMBER CONTINUES T O SERVE UNTIL 1
1852		-	A SUCCESSOR IS APPOI NTED AND QUALIFIES . 2
1853		-
1854		-	(5) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 3
1855		-	ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 4
1856		-	QUALIFIES. 5
1857		-
1858		-	(E) THE GOVERNOR MAY REMO VE A MEMBER ONLY FOR INCOMPETENCE OR 6
1859		-	MISCONDUCT . 7
1860		-
1861		-	(F) IN MAKING APPOINTMENT S TO THE BOARD, THE GOVERNOR SHALL 8
1862		-	ENSURE, TO THE EXTENT PRACTI CABLE, THAT THE RATIO OF MA LE TO FEMALE 9
1863		-	MEMBERS AND THE RACI AL MAKEUP OF THE BOARD IS REFLECTIVE O F THE 10
1864		-	GENERAL POPUL ATION OF THE STATE. 11
1865		-
1866		-	21–303. 12
1867		-
1868		-	(A) (1) A MAJORITY OF THE VOTI NG MEMBERS SHALL CON STITUTE A 13
1869		-	QUORUM FOR : 14
1870		-
1871		-	(I) THE TRANSACTION OF A NY BUSINESS; OR 15
1872		-
1873		-	(II) THE EXERCISE OF ANY POWER OR THE PERFORM ANCE OF 16
1874		-	ANY DUTY AUTHORIZED OR IMPOSED BY LAW . 17
1875		-
1876		-	(2) FORMAL ACTION MAY NOT BE TA KEN BY THE BOARD WITHOUT 18
1877		-	THE APPROVAL OF A MA JORITY OF THE VOTING MEMBERS OF THE BOARD. 19
1878		-
1879		-	(B) THE BOARD SHALL SET THE T IMES AND PLACES OF I TS MEETINGS, BUT 20
1880		-	SHALL MEET AT LEAST ONCE PER MONTH . 21
1881		-
1882		-	(C) (1) AN APPOINTED MEMBER O F THE BOARD IS ENTITLED TO: 22
1883		-
1884		-	(I) THE COMPENSATION PRO VIDED IN THE STATE BUDGET ; 23
1885		-	AND 24
1886		-
1887		-	(II) REIMBURSEMENT FOR EX PENSES UNDER THE STANDARD 25
1888		-	STATE TRAVEL REGULATIONS AS PROVID ED IN THE STATE BUDGET . 26
1889		-
1890		-	(2) THE CHAIR OF THE BOARD SHALL GIVE FULL TIME TO THE DUTIES 27
1891		-	OF CHAIR AND IS ENTITLE D TO A SALARY AS PRO VIDED IN THE STATE BUDGET . 28
1892		-
1893		-	21–304. 29
	1824	+	(2) ESTABLISH PROCEDURES FOR AND RESOLVE DISP UTES ABOUT 1
	1825	+	PETITIONS FOR BARGAI NING UNIT CLARIFICAT ION; 2
	1826	+
	1827	+	(3) ESTABLISH PROCEDURES FOR AND RESOLVE DISP UTES ABOUT 3
	1828	+	PETITIONS AND ELECTI ONS FOR DECERTIFICAT ION OF AN EXCLUSIVE 4
	1829	+	REPRESENTATIVE ; 5
	1830	+
	1831	+	(4) INVESTIGATE AND TAKE APPROPRIATE ACTION I N RESPONSE TO 6
	1832	+	COMPLAINTS OF UNFAIR LABOR PRACTICES , INCLUDING STRIKES AND LOCKOU TS; 7
	1833	+
	1834	+	(5) ESTABLISH PROCEDURES FOR AND RESOLVE DISP UTES ABOUT 8
	1835	+	THE NEGOTIABILITY OF BAR GAINING SUBJECTS ; 9
	1836	+
	1837	+	(6) ON APPLICATION BY AN EXCLUSIVE REPR ESENTATIVE OR PUBLIC 10
	1838	+	EMPLOYER, DETERMINE THAT THE A PPLICANT SHALL BE DESIGNATED AS A JOINT 11
	1839	+	PUBLIC EMPLOYER OF P UBLIC EMPLOYEES IN A N EMPLOYER –EMPLOYEE 12
	1840	+	BARGAINING UNIT DETE RMINED IN ACCORDANCE WITH SUBTITLE 4 OF THIS TITLE 13
	1841	+	WHEN SUCH DETERMINAT ION WOULD BEST EFFEC TUATE THE PURPOSES O F THIS 14
	1842	+	SUBTITLE; AND 15
	1843	+
	1844	+	(7) RESOLVE MATTERS AS P ROVIDED IN §§ 6–408, 6–510, AND 16–711 16
	1845	+	OF THE EDUCATION ARTICLE. 17
	1846	+
	1847	+	(C) THE BOARD SHALL HAVE BROA D DISCRETION TO TAKE AND ORDER 18
	1848	+	REMEDIAL ACTIONS WHE N IT FINDS THAT A PA RTY HAS COMMITTED AN UNFAIR 19
	1849	+	LABOR PRACTICE , INCLUDING THE RESTOR ATION OF ANY RIGHT , PAY, STATUS, OR 20
	1850	+	BENEFIT LOST BY A PU BLIC EMPLOYEE OR GRO UP OF PUBLIC EMPLOYE ES, DUE TO 21
	1851	+	VIOLATIONS OF THIS T ITLE. 22
	1852	+
	1853	+	(D) TO ENFORCE THE PROVIS IONS OF THIS SUBTITL E, THE BOARD MAY: 23
	1854	+
	1855	+	(1) ISSUE SUBPOENAS ; AND 24
	1856	+
	1857	+	(2) ADMINISTER OATHS AND AFFIRMATIONS , EXAMINE WITNESSES , 25
	1858	+	AND RECEIVE EVIDENCE . 26
	1859	+
	1860	+	(E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 27
	1861	+	THE BOARD SHALL ADOPT AND ENFORCE REGULATIONS , GUIDELINES, AND 28
	1862	+	POLICIES TO CARRY OU T THIS TITLE. 29
	1863	+
	1864	+	(2) THE BOARD MAY NOT ADOPT A NY REGULATION , GUIDELINE, OR 30
	1865	+	POLICY THAT: 31
1894	1866		SENATE BILL 367 41
1895	1867
1896	1868
1897		-	(A) (1) THE BOARD SHALL APPOINT A N EXECUTIVE DIRECTOR OF THE 1
1898		-	BOARD. 2
1899		-
1900		-	(2) THE EXECUTIVE DIRECTOR: 3
1901		-
1902		-	(I) IS RESPONSIBLE TO AN D SERVES AT THE PLEA SURE OF THE 4
1903		-	BOARD; 5
1904		-
1905		-	(II) MUST HAVE KNOWLEDGE OF AND EXPERIENCE WI TH LABOR 6
1906		-	ISSUES; AND 7
1907		-
1908		-	(III) IS ENTITLED TO THE S ALARY PROVIDED IN TH E STATE 8
1909		-	BUDGET. 9
1910		-
1911		-	(B) THE EXECUTIVE DIRECTOR SHALL PERFOR M THE DUTIES THAT TH E 10
1912		-	BOARD ASSIGNS, INCLUDING: 11
1913		-
1914		-	(1) OPERATING THE OFFICE OF THE BOARD; AND 12
1915		-
1916		-	(2) KEEPING THE OFFICIAL RECORDS OF THE BOARD. 13
1917		-
1918		-	(C) THE EXECUTIVE DIRECTOR MAY HIRE ANY STAFF NECESSARY TO 14
1919		-	CARRY OUT THE PROVIS IONS OF THIS TITLE. 15
1920		-
1921		-	21–305. 16
1922		-
1923		-	(A) THE BOARD SHALL APPOINT : 17
1924		-
1925		-	(1) A DEPUTY DIRECTOR FO R EXECUTIVE BRANCH LABOR 18
1926		-	RELATIONS; 19
1927		-
1928		-	(2) A DEPUTY DIRECTOR FO R PUBLIC SCHOOL LABO R RELATIONS; 20
1929		-	AND 21
1930		-
1931		-	(3) A DEPUTY DIRECTOR FO R PUBLIC HIGHER EDUC ATION LABOR 22
1932		-	RELATIONS. 23
1933		-
1934		-	(B) THE DEPUTY DIRECTORS : 24
1935		-
1936		-	(1) ARE RESPONSIBLE TO A ND SERVE AT THE PLEA SURE OF THE 25
1937		-	BOARD; 26
1938		-
1939		-	(2) MUST HAVE KNOWLEDGE OF AND EXP ERIENCE WITH LABOR 27
1940		-	ISSUES AND THE SUBJE CT MATTER AREA ASSOC IATED WITH THEIR POS ITIONS; AND 28
	1869	+	(I) UNNECESSARILY DELAYS THE RESOLUTION OF DI SPUTES 1
	1870	+	OVER ELECTIONS , UNFAIR LABOR PRACTIC ES, OR ANY OTHER MATTER UNDER THIS 2
	1871	+	TITLE; OR 3
	1872	+
	1873	+	(II) RESTRICTS OR WEAKENS THE PROTECTION S PROVIDED TO 4
	1874	+	PUBLIC EMPLOYEES AND EMPLOYEE ORGANIZATIO NS UNDER THIS TITLE OR UNDER 5
	1875	+	REGULATIONS . 6
	1876	+
	1877	+	21–307. 7
	1878	+
	1879	+	(A) (1) IF A PARTY HAS BEEN CHARGED WIT H ENGAGING IN OR HAS 8
	1880	+	ENGAGED IN AN UNFAIR LABOR P RACTICE, THE APPROPRIATE DEPUTY DIRECTOR 9
	1881	+	SHALL INVESTIGATE TH E CHARGE. 10
	1882	+
	1883	+	(2) IF THE BOARD, THROUGH THE DEPUTY D IRECTOR’S 11
	1884	+	INVESTIGATION , FINDS THAT PROBABLE CAUSE EXISTS TO SUPP ORT THE CHARGE 12
	1885	+	OF AN UNFAIR LABOR P RACTICE, THE BOARD SHALL: 13
	1886	+
	1887	+	(I) ISSUE A COMPLAINT AGAINST THE PARTY STATING THE 14
	1888	+	CHARGES; AND 15
	1889	+
	1890	+	(II) NOT LESS THAN 15 DAYS AFTER ISSUING THE COMPLAINT , 16
	1891	+	ISSUE A NOTICE OF A HEARING BEFORE THE BOARD OR THE OFFICE OF 17
	1892	+	ADMINISTRATIVE HEARINGS. 18
	1893	+
	1894	+	(B) THE BOARD MAY NOT ISSUE A COMPLAINT UNDER SUBSECTION (A)(2)(I) 19
	1895	+	OF THIS SECTION IF THE UNFAIR LABOR PRACTIC E OCCURR ED MORE THAN 6 20
	1896	+	MONTHS BEFORE THE FILING OF THE CH ARGE. 21
	1897	+
	1898	+	(C) (1) THE DEPUTY DIRECTORS SHALL ENDEA VOR AT ALL TIMES TO 22
	1899	+	SEEK INFORMAL RESOLU TION OF CHARGES OR C OMPLAINTS. 23
	1900	+
	1901	+	(2) THE BOARD AND THE APPROPR IATE DEPUTY DIRECTOR SHALL 24
	1902	+	MAKE ALL PRACTICAL A ND REASONABLE EFFORT S TO RESOLVE CHARGES AND 25
	1903	+	COMPLAINTS OF UNFAIR LABOR PRACTICES IN A SWIFT MANNER . 26
	1904	+
	1905	+	(D) FOR THE PURPOSES OF E XAMINATION AND THE R IGHT TO COPY, THE 27
	1906	+	BOARD AND THE DEPUTY DIRECTOR S SHALL AT ALL REASONA BLE TIMES HAVE 28
	1907	+	ACCESS TO EVIDENCE O F A PERSON BEING INV ESTIGATED OR PROCEED ED AGAINST 29
	1908	+	THAT RELATES TO A MA TTER UNDER INVESTIGA TION OR IN QUESTION UNDER THIS 30
	1909	+	SECTION. 31
1941	1910		42 SENATE BILL 367
1942	1911
1943	1912
1944		-	(3) ARE ENTITLED TO THE SALARY PROVIDED IN T HE STATE BUDGET. 1
1945		-
1946		-	21–306. 2
1947		-
1948		-	(A) THE BOARD IS RESPONSIBLE FOR ADMINISTERING AN D ENFORCING 3
1949		-	PROVISIONS OF: 4
1950		-
1951		-	(1) THIS TITLE; 5
1952		-
1953		-	(2) TITLE 6, SUBTITLE SUBTITLES 4 OR AND 5 OF THE EDUCATION 6
1954		-	ARTICLE; 7
1955		-
1956		-	(3) TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE; AND 8
1957		-
1958		-	(4) TITLE 3 OF THE STATE PERSONNEL AND PENSIONS ARTICLE. 9
1959		-
1960		-	(B) IN ADDITION TO ANY OT HER POWERS OR DUTIES PRO VIDED FOR 10
1961		-	ELSEWHERE IN THIS TI TLE, TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, 11
1962		-	TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE, AND TITLE 3 OF THE STATE 12
1963		-	PERSONNEL AND PENSIONS ARTICLE, THE BOARD MAY: 13
1964		-
1965		-	(1) ESTABLISH PROCEDURES FOR, SUPERVISE THE CONDUC T OF, AND 14
1966		-	RESOLVE DISPUTES ABO UT ELECTIONS FOR EXC LUSIVE REPRESENTATIV ES; 15
1967		-
1968		-	(2) ESTABLISH PROCEDURES FOR AND RESOLVE DISP UTES ABOUT 16
1969		-	PETITIONS FOR BARGAI NING UNIT CLARIFICAT ION; 17
1970		-
1971		-	(3) ESTABLISH PROCEDURES FOR AND RESOLVE DISP UTES ABOUT 18
1972		-	PETITIONS AND ELECTI ONS FOR DECERTIFICAT ION OF AN EXCLUSIVE 19
1973		-	REPRESENTATIVE ; 20
1974		-
1975		-	(4) INVESTIGATE AND TAKE APPROPRIATE ACTION I N RESPONSE TO 21
1976		-	COMPLAINTS OF UNFAIR LABOR PRACTICES , INCLUDING STRIKES AN D LOCKOUTS; 22
1977		-
1978		-	(5) ESTABLISH PROCEDURES FOR AND RESOL VE DISPUTES ABOUT 23
1979		-	THE NEGOTIABILITY OF BARGAINING SUBJECTS ; 24
1980		-
1981		-	(6) ON APPLICATION BY AN EXCLUSIVE REPRESENTA TIVE EMPLOYEE 25
1982		-	ORGANIZATION OR PUBLIC EMPLOYER , DETERMINE THAT THE A PPLICANT SHALL BE 26
1983		-	DESIGNATED AS A JOIN T PUBLIC EMPLOYER OF PUBLIC EMPLOYEES IN AN 27
1984		-	EMPLOYER–EMPLOYEE BARGAINING UNIT DETERMINED IN A CCORDANCE WITH 28
1985		-	SUBTITLE 4 OF THIS TITLE WHEN S UCH DETERMINATION WO ULD BEST EFFECTUATE 29
1986		-	THE PURPOSES OF THIS SUBTITLE; AND 30
1987		-	SENATE BILL 367 43
1988		-
1989		-
1990		-	(7) RESOLVE MATTERS AS P ROVIDED IN §§ 6–408, 6–510, AND 16–711 1
1991		-	§§ 6–406, 6–507, AND 16–707 OF THE EDUCATION ARTICLE. 2
1992		-
1993		-	(C) THE BOARD SHALL HAVE BROA D DISCRETION TO TAKE AND ORDER 3
1994		-	REMEDIAL ACTIONS WHE N IT FINDS THAT A PA RTY HAS COMMITTED AN UNFAIR 4
1995		-	LABOR PRACTICE , INCLUDING THE RESTOR ATION OF ANY RIGHT , PAY, STATUS, OR 5
1996		-	BENEFIT LOST BY A PUBLIC EMPLOYEE OR G ROUP OF PUBLIC EMPLO YEES, DUE TO 6
1997		-	VIOLATIONS OF THIS T ITLE. 7
1998		-
1999		-	(D) TO ENFORCE THE PROVIS IONS OF THIS SUBTITL E, THE BOARD MAY: 8
2000		-
2001		-	(1) ISSUE SUBPOENAS ; AND 9
2002		-
2003		-	(2) ADMINISTER OATHS AND AFFIRMATIONS , EXAMINE WITNESSES , 10
2004		-	AND RECEIVE EVIDENCE . 11
2005		-
2006		-	(E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 12
2007		-	THE BOARD SHALL ADOPT AND ENFORCE REGULATIONS , GUIDELINES, AND 13
2008		-	POLICIES TO CARRY OU T THIS TITLE. 14
2009		-
2010		-	(2) THE BOARD MAY NOT ADOPT A NY REGULATION , GUIDELINE, OR 15
2011		-	POLICY THAT: 16
2012		-
2013		-	(I) UNNECESSARILY DELAYS THE RESOLUTION OF DI SPUTES 17
2014		-	OVER ELECTIONS , UNFAIR LABOR PRACTIC ES, OR ANY OTHER MATTER UNDER THIS 18
2015		-	TITLE; OR 19
2016		-
2017		-	(II) RESTRICTS OR WEAKENS THE PROTECTIONS PROV IDED TO 20
2018		-	PUBLIC EMPLOYEES AND EMPLOYEE ORGANIZATIO NS UNDER THIS TITLE OR UNDER 21
2019		-	REGULATIONS . 22
2020		-
2021		-	21–307. 23
2022		-
2023		-	(A) (1) IF A PARTY HAS BEEN C HARGED WITH ENGAGING IN OR HAS 24
2024		-	ENGAGED IN AN UNFAIR LABOR PRACTICE , THE APPROPRIATE DEPU TY DIRECTOR 25
2025		-	SHALL INVESTIGATE TH E CHARGE. 26
2026		-
2027		-	(2) IF THE BOARD, THROUGH THE DEPUTY D IRECTOR’S 27
2028		-	INVESTIGATION , FINDS THAT PROBABLE CAUSE EXISTS TO SUPPORT TH E CHARGE 28
2029		-	OF AN UNFAIR LABOR P RACTICE, THE BOARD SHALL: 29
2030		-
2031		-	(I) ISSUE A COMPLAINT AG AINST THE PARTY STAT ING THE 30
2032		-	CHARGES; AND 31
	1913	+	(E) (1) IF THERE IS A CHARGE OF AN UNFAIR LABOR P RACTICE 1
	1914	+	RESULTING FROM A PARTY’S CONDUCT IN COLLECT IVE BARGAINING AND THAT IS 2
	1915	+	ALLEGED TO HAVE AN E FFECT ON THE COURSE OF COLLECTIVE BARGAI NING: 3
	1916	+
	1917	+	(I) THE APPROPRIATE D EPUTY DIRECTOR SHALL DETERMINE 4
	1918	+	WHETHER THERE IS PRO BABLE CAUSE FOR THE BOARD TO ISSUE A COMP LAINT; AND 5
	1919	+
	1920	+	(II) IF THE DEPUTY DIRECTOR DETERMINES THERE IS 6
	1921	+	PROBABLE CAUSE , THE BOARD SHALL ISSUE A C OMPLAINT WITHIN 30 DAYS AFTER 7
	1922	+	THE FILING OF THE CH ARGE. 8
	1923	+
	1924	+	(III) IF A COMPLAINT IS IS SUED, THE BOARD SHALL RESOLVE 9
	1925	+	THE COMPLAINT AND IS SUE A FINAL DECISION WITHIN 90 DAYS AFTER THE FILING 10
	1926	+	OF THE CHARGE . 11
	1927	+
	1928	+	(2) THE BOARD MAY ACCELERATE THE TIME TO RESOLVE CHARGES 12
	1929	+	AND COMPLAINTS IN EX IGENT CIRCUMSTANCES UNDER REGULATIONS ADOPTED BY 13
	1930	+	THE BOARD. 14
	1931	+
	1932	+	(F) (1) THE APPROPRIATE DEPUTY DIRECTOR SHAL L PROSECUTE ANY 15
	1933	+	CHARGE FOR WHICH THE BOARD HAS ISSUED A CO MPLAINT IN A HEARING BEFORE 16
	1934	+	THE BOARD OR THE OFFICE OF ADMINISTRATIVE HEARINGS. 17
	1935	+
	1936	+	(2) THE CHARGING PARTY HAS THE RIGHT TO PARTICI PATE IN ANY 18
	1937	+	HEARING BEFORE THE BOARD OR THE OFFICE OF ADMINISTRATIVE HEARINGS. 19
	1938	+
	1939	+	(G) THE BOARD SHALL ACCEPT DO CUMENTS FILED BY E –MAIL. 20
	1940	+
	1941	+	21–308. 21
	1942	+
	1943	+	(A) IF A PERSON FAILS TO COMPLY WITH AN ORDER ISSUED BY THE BOARD, 22
	1944	+	A MEMBER OF THE BOARD MAY PETITION THE CIR CUIT COURT TO ORDER THE 23
	1945	+	PERSON TO COMPLY WIT H THE BOARD’S ORDER. 24
	1946	+
	1947	+	(B) THE BOARD MAY NOT BE REQUIRED TO P OST BOND IN AN ACTIO N 25
	1948	+	UNDER SUBSECTION (A) OF THIS SECTION. 26
	1949	+
	1950	+	21–309. 27
	1951	+
	1952	+	(A) THE BOARD IS NOT BOUND BY ANY PRIOR REGULATION , ORDER, 28
	1953	+	ACTION, OPINION, OR DECISION OF THE STATE LABOR RELATIONS BOARD, THE 29
	1954	+	PUBLIC SCHOOL LABOR RELATIONS BOARD, OR THE STATE HIGHER EDUCATION 30 SENATE BILL 367 43
	1955	+
	1956	+
	1957	+	LABOR RELATIONS BOARD, EXCEPT FOR DECISIONS REGARDING U NIT 1
	1958	+	COMPOSITION UNDER § 21–401(C) OF THIS TITLE. 2
	1959	+
	1960	+	(B) A PRIOR ORDER , ACTION, OPINION, OR DECISION OF A LAB OR BOARD 3
	1961	+	LISTED UNDER SUBSECT ION (A) OF THIS SECTION OR ANY OTHER BODY MAY BE 4
	1962	+	CONSIDERED FOR ITS P ERSUASIVE VALUE . 5
	1963	+
	1964	+	(C) THE BOARD SHALL BE BOUND BY JUDICIAL ORDERS R EGARDING THE 6
	1965	+	SCOPE OF BARGAINING UNDER TITLE 6, SUBTITLES 4 AND 5 OF THE EDUCATION 7
	1966	+	ARTICLE. 8
	1967	+
	1968	+	SUBTITLE 4. ELECTIONS AND CERTIFICATION OF EXCLUSIVE REPRESENTATIVES . 9
	1969	+
	1970	+	21–401. 10
	1971	+
	1972	+	(A) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBTITLE, THE BOARD 11
	1973	+	SHALL CONDUCT AN ELE CTION FOR AN EXCLUSI VE REPRESENTATIVE OF A 12
	1974	+	BARGAINING UNIT IF : 13
	1975	+
	1976	+	(1) A VALID PETITION IS FILED IN ACCORDANCE WITH § 21–402 OF 14
	1977	+	THIS SUBTITLE; AND 15
	1978	+
	1979	+	(2) THE BARGAINING UNIT INVOLVED IN THE PETI TION IS 16
	1980	+	DETERMINED TO B E AN APPROPRIATE BAR GAINING UNIT UNDER § 21–403 OF THIS 17
	1981	+	SUBTITLE. 18
	1982	+
	1983	+	(B) THE BOARD MAY NOT CONDUCT AN ELECTION FOR AN E XCLUSIVE 19
	1984	+	REPRESENTATIVE OF A BARGAINING UNIT IF T HE BOARD HAS CONDUCTED A N 20
	1985	+	ELECTION OR CERTIFIE D AN EXCLUSIVE REPRE SENTATIVE FOR THAT B ARGAINING 21
	1986	+	UNIT WITHIN THE IMMEDIATELY PRECEDING 12 MONTHS. 22
	1987	+
	1988	+	(C) (1) AN EXCLUSIVE REPRESEN TATIVE OR A BARGAINING UNIT IN 23
	1989	+	EXISTENCE ON JUNE 30, 2023: 24
	1990	+
	1991	+	(I) SHALL CONTINUE WITHO UT THE REQUIREMENT O F AN 25
	1992	+	ELECTION AND CERTIFI CATION UNTIL A QUEST ION CONCERNING REPRE SENTATION 26
	1993	+	IS RAISED UNDER THIS TITLE; OR 27
	1994	+
	1995	+	(II) UNTIL THE BOARD FIND S THE UNIT NOT TO BE 28
	1996	+	APPROPRIATE AFTER CH ALLENGE BY THE PUBLI C EMPLOYER , A MEMBER OF THE 29
	1997	+	UNIT, OR AN EMPLOYEE ORGAN IZATION. 30
2033	1998		44 SENATE BILL 367
2034	1999
2035	2000
2036		-	(II) NOT LESS THAN 15 DAYS AFTER ISSUING T HE COMPLAINT , 1
2037		-	ISSUE A NOTICE OF A HEARING BE FORE THE BOARD OR THE OFFICE OF 2
2038		-	ADMINISTRATIVE HEARINGS. 3
2039		-
2040		-	(B) THE BOARD MAY NOT ISSUE A COMPLAINT UNDER SUBS ECTION (A)(2)(I) 4
2041		-	OF THIS SECTION IF T HE UNFAIR LABOR PRAC TICE OCCURRED MORE T HAN 6 5
2042		-	MONTHS BEFORE THE FI LING OF THE CHARGE . 6
2043		-
2044		-	(C) (1) THE DEPUTY DIR ECTORS SHALL ENDEAVO R AT ALL TIMES TO 7
2045		-	SEEK INFORMAL RESOLU TION OF CHARGES OR C OMPLAINTS. 8
2046		-
2047		-	(2) THE BOARD AND THE APPROPR IATE DEPUTY DIRECTOR SHALL 9
2048		-	MAKE ALL PRACTICAL A ND REASONABLE EFFORT S TO RESOLVE CHARGES AND 10
2049		-	COMPLAINTS OF UNFAIR LABOR PRACTICES IN A SWIFT MANNER . 11
2050		-
2051		-	(D) FOR THE PURPOSES OF E XAMINATION AND THE R IGHT TO COPY, THE 12
2052		-	BOARD AND THE DEPUTY DIRECTORS SHALL AT A LL REASONABLE TIMES HAVE 13
2053		-	ACCESS TO EVIDENCE O F A PERSON BEING INV ESTIGATED OR PROCEED ED AGAINST 14
2054		-	THAT RELATES TO A MA TTER UNDER INVESTIGA TION OR IN QUESTION UNDER THIS 15
2055		-	SECTION. 16
2056		-
2057		-	(E) (1) IF THERE IS A CHARGE OF AN UNFAIR LABOR P RACTICE 17
2058		-	RESULTING FROM A PAR TY’S CONDUCT IN COLLECT IVE BARGAINING AND T HAT IS 18
2059		-	ALLEGED TO HAVE AN E FFECT ON THE COURSE OF COLLECTIVE BARGAI NING: 19
2060		-
2061		-	(I) THE APPROPRIATE DEPU TY DIRECTOR SHALL DETERMINE 20
2062		-	WHETHER THERE IS PRO BABLE CAUSE FOR THE BOARD TO ISSUE A COMP LAINT; 21
2063		-
2064		-	(II) IF THE DEPUTY DIRECT OR DETERMINES THERE IS 22
2065		-	PROBABLE CAUSE , THE BOARD SHALL ISSUE A C OMPLAINT WITHIN 30 DAYS AFTER 23
2066		-	THE FILING OF THE CH ARGE; AND 24
2067		-
2068		-	(III) IF A COMPLAINT IS ISSUED , THE BOARD SHALL RESOLVE 25
2069		-	THE COMPLAINT AND IS SUE A FINAL DECISION WITHIN 90 DAYS AFTER THE FILIN G 26
2070		-	OF THE CHARGE . 27
2071		-
2072		-	(2) THE BOARD MAY ACCELERATE THE TIME TO RESOLVE CHARGES 28
2073		-	AND COMPLAINTS IN EX IGENT CIRCUMSTANCES UNDER REGULATIONS AD OPTED BY 29
2074		-	THE BOARD. 30
2075		-
2076		-	(F) (1) THE APPROPRIATE DEPUT Y DIRECTOR SHALL PROSECUTE ANY 31
2077		-	CHARGE FOR WHICH THE BOARD HAS ISSUED A CO MPLAINT IN A HEARING BEFORE 32
2078		-	PROVIDE RELEVANT INF ORMATION GATHERED IN THE INVESTIGATION OF A CHARGE 33 SENATE BILL 367 45
2079		-
2080		-
2081		-	OR COMPLAINT OF UNFA IR LABOR PRACTICES TO THE BOARD OR AND THE OFFICE 1
2082		-	OF ADMINISTRATIVE HEARINGS. 2
2083		-
2084		-	(2) (G) THE CHARGING PARTY HA S THE RIGHT TO PARTI CIPATE IN 3
2085		-	ANY HEARING BEFORE T HE BOARD OR THE OFFICE OF ADMINISTRATIVE 4
2086		-	HEARINGS. 5
2087		-
2088		-	(G) (H) THE BOARD SHALL ACCEPT DO CUMENTS FILED BY E –MAIL. 6
2089		-
2090		-	21–308. 7
2091		-
2092		-	(A) IF A PERSON FAILS TO COMPLY WITH AN ORDER ISSUED BY THE BOARD, 8
2093		-	A MEMBER OF THE BOARD MAY PETITION TH E CIRCUIT COURT TO O RDER THE 9
2094		-	PERSON TO COMPLY WIT H THE BOARD’S ORDER. 10
2095		-
2096		-	(B) THE BOARD MAY NOT BE REQU IRED TO POST BOND IN AN ACTION 11
2097		-	UNDER SUBSECTION (A) OF THIS SECTION. 12
2098		-
2099		-	21–309. 13
2100		-
2101		-	(A) THE BOARD IS NOT BOUND BY ANY PRIOR REGULATION , ORDER, 14
2102		-	ACTION, OPINION, OR DECISION OR ACTION OF THE STATE LABOR RELATIONS 15
2103		-	BOARD, THE PUBLIC SCHOOL LABOR RELATIONS BOARD, OR THE STATE HIGHER 16
2104		-	EDUCATION LABOR RELATIONS BOARD, EXCEPT FOR DECISIONS REGARDING UNIT 17
2105		-	COMPOSITION UNDER § 21–401(C) OF THIS TITLE. 18
2106		-
2107		-	(B) THE BOARD IS BOUND BY PRI OR OPINIONS AND DECI SIONS OF A LABOR 19
2108		-	BOARD LISTED UNDER S UBSECTION (A) OF THIS SECTION. 20
2109		-
2110		-	(B) (C) A PRIOR ORDER , ACTION, OPINION, OR DECISION OR ACTION OF A 21
2111		-	LABOR BOARD LISTED U NDER SUBSECTION (A) OF THIS SECTION OR A NY OTHER 22
2112		-	BODY MAY BE CONSIDER ED FOR ITS PERSUASIV E VALUE. 23
2113		-
2114		-	(C) (D) THE BOARD SHALL BE BOUND BY JUDICIAL ORDERS R EGARDING 24
2115		-	THE SCOPE OF BARGAIN ING UNDER TITLE 6, SUBTITLES 4 AND 5 OF THE 25
2116		-	EDUCATION ARTICLE. 26
2117		-
2118		-	SUBTITLE 4. ELECTIONS AND CERTIFICATION OF EXCLUSIVE REPRESENTATIVES . 27
2119		-
2120		-	21–401. 28
2121		-
2122		-	(A) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, THE BOARD 29
2123		-	SHALL CONDUCT AN ELE CTION FOR AN EXCLUSI VE REPRESENTATIVE OF A 30
2124		-	BARGAINING UNIT IF : 31 46 SENATE BILL 367
2125		-
2126		-
2127		-
2128		-	(1) A VALID PETITION IS FILED IN ACCORDANCE WITH § 21–402 OF 1
2129		-	THIS SUBTITLE; AND 2
2130		-
2131		-	(2) THE BARGAINING UNIT INVOLVED IN THE PETI TION IS 3
2132		-	DETERMINED TO BE AN APPROPRIATE BARGAINI NG UNIT UNDER § 21–403 OF THIS 4
2133		-	SUBTITLE. 5
2134		-
2135		-	(B) THE BOARD MAY NOT CONDUCT AN EL ECTION FOR AN EXCLUS IVE 6
2136		-	REPRESENTATIVE OF A BARGAINING UNIT IF T HE BOARD HAS CONDUCTED A N 7
2137		-	ELECTION OR CERTIFIE D AN EXCLUSIVE REPRE SENTATIVE FOR THAT B ARGAINING 8
2138		-	UNIT WITHIN THE IMME DIATELY PRECEDING 12 MONTHS. 9
2139		-
2140		-	(C) (1) AN EXCLUSIVE REPR ESENTATIVE OR A BARG AINING UNIT IN 10
2141		-	EXISTENCE ON JUNE 30, 2023: 11
2142		-
2143		-	(I) SHALL CONTINUE WITHO UT THE REQUIREMENT O F AN 12
2144		-	ELECTION AND CERTIFI CATION UNTIL A QUEST ION CONCERNING REPRE SENTATION 13
2145		-	IS RAISED UNDER THIS TITLE; OR 14
2146		-
2147		-	(II) UNTIL THE BOARD FINDS THE UNI T NOT TO BE 15
2148		-	APPROPRIATE AFTER CH ALLENGE BY THE PUBLI C EMPLOYER , A MEMBER OF THE 16
2149		-	UNIT, OR AN EMPLOYEE ORGAN IZATION. 17
2150		-
2151		-	(2) (I) THE APPROPRIATENESS O F THE UNIT MAY NOT B E 18
2152		-	CHALLENGED UNTIL THE EXPIRATION OF ANY CO LLECTIVE BARGAINING 19
2153		-	AGREEMENT IN EFFECT ON JUNE 30, 2023. 20
2154		-
2155		-	(II) THE BOARD MAY NOT MODIFY ANY BARGAINING UNIT 21
2156		-	DETERMINED UNDER EXI STING LAW. 22
2157		-
2158		-	21–402. 23
2159		-
2160		-	(A) A PETITION FOR THE ELECTION OF AN EXCLUSIVE REPRESENTA TIVE OF 24
2161		-	A BARGAINING UNIT MA Y BE FILED WITH THE BOARD BY: 25
2162		-
2163		-	(1) AN EMPLOYEE ORGANIZA TION SEEKING CERTIFI CATION AS AN 26
2164		-	EXCLUSIVE REPRESENTA TIVE; OR 27
2165		-
2166		-	(2) AN EMPLOYEE , A GROUP OF EMPLOYEES , OR AN EMPLOYEE 28
2167		-	ORGANIZATIO N SEEKING A NEW ELEC TION TO DETERMINE AN EXCLUSIVE 29
2168		-	REPRESENTATIVE . 30
2169		-
2170		-	(B) A PETITION SHALL : 31 SENATE BILL 367 47
2171		-
2172		-
2173		-
2174		-	(1) CONTAIN THE INFORMAT ION THE BOARD REQUIRES ; AND 1
2175		-
2176		-	(2) BE ACCOMPANIED BY A SHOWING OF INTEREST FORMS FROM 30% 2
2177		-	OF THE EMPLOYEES IN THE APPROPRIATE UNIT INDICATING THEIR DES IRE TO BE 3
2178		-	EXCLUSIVELY REPRESEN TED BY THE EXCLUSIVE REPRESENTATIVE NAMED IN THE 4
2179		-	PETITION FOR THE PUR POSE OF COLLECTIVE B ARGAINING. 5
2180		-
2181		-	(C) IF THE BOARD DETERMINES THAT A REQUIRED SHOW ING OF INTEREST 6
2182		-	IS NOT ADEQUATE , THE BOARD: 7
2183		-
2184		-	(1) SHALL ALLOW AT A MIN IMUM AN ADDITIONAL 30 DAYS FOR THE 8
2185		-	PETITIONER TO SUBMIT ADDITIONAL SHOWING O F INTEREST FORMS AFT ER THE 9
2186		-	PETITIONER IS NOTIFI ED OF THE DETERMINAT ION; AND 10
2187		-
2188		-	(2) MAY, FOR GOOD CAUSE , PROVIDE ADDITIONAL T IME TO THE 11
2189		-	PETITIONER TO PROVID E ADDITIONAL FORMS . 12
2190		-
2191		-	(D) IF A PETITION IS SUPP ORTED BY MORE THAN 50% OF THE PUBLIC 13
2192		-	EMPLOYEES IN THE BAR GAINING UNIT , THE PUBLIC EMPLOYER SHALL 14
2193		-	IMMEDIATELY RECOGNIZ E THE EMPLOYEE ORGAN IZATION AS THE EXCLUSIVE 15
2194		-	REPRESENTATIVE AND A FFORD TO THE EXCLUSI VE REPRESENTATIVE AN D ITS 16
2195		-	MEMBERS ALL RIGHTS D UE UNDER THIS TITLE . 17
2196		-
2197		-	(E) (1) A PETITION FILED UNDER SUBSECTION (A) OF THIS SECTION 18
2198		-	SHALL INCLUDE SHOWIN G OF INTEREST FORMS PROVIDED TO THE BOARD FROM AN 19
2199		-	EMPLOYEE ORGANIZATIO N. 20
2200		-
2201		-	(2) THE BOARD SHALL ACCEPT A SHOWING OF INTEREST FORM 21
2202		-	WHETHER OR NOT THE S IGNATURES ON THE FOR M ARE ELECTRONIC OR 22
2203		-	HANDWRITTEN . 23
2204		-
2205		-	(3) (I) FOR AN ELECTION THAT IS CONDUCTED TO DETE RMINE 24
2206		-	WHETHER AN EXCLUSIVE REPRESENTATIVE SHOULD REPRESENT A U NIT, A 25
2207		-	SHOWING OF INTEREST FORM IS VALID IF THE SIGNATURES WERE COLL ECTED 26
2208		-	WITHIN THE 18–MONTH PERIOD IMMEDIA TELY PRECEDING THE D ATE ON WHICH A 27
2209		-	PETITION FOR THE ELE CTION IS FILED. 28
2210		-
2211		-	(II) FOR AN ELECTION THAT IS CONDUCTED TO DETE RMINE 29
2212		-	WHETHER AN EXCLUSIVE REPRESENTATIVE SHOUL D NO LONGER REPRESEN T A 30
2213		-	UNIT, A SHOWING OF INTERES T FORM IS VALID IF T HE SIGNATURES WERE 31
2214		-	COLLECTED WITHIN THE 90–DAY PERIOD IMMEDIATE LY PRECEDING THE DAT E ON 32
2215		-	WHICH THE PETITION F OR ELECTION IS FILED . 33
2216		-	48 SENATE BILL 367
2217		-
2218		-
2219		-	(4) A SHOWING OF INTEREST FORM MAY BE USED BY A PUBLIC 1
2220		-	EMPLOYEE FOR EACH PU BLIC EMPLOYER THAT E MPLOYS THE PUBLIC EM PLOYEE. 2
2221		-
2222		-	(F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A PUBLIC 3
2223		-	EMPLOYER SHALL PROVI DE TO THE BOARD AND THE EMPLOYE E ORGANIZATION AN 4
2224		-	ALPHABETICAL LIST OF PUBLIC EMPLO YEES IN EACH BARGAIN ING UNIT WITHIN 2 5
2225		-	DAYS AFTER A PETITIO N FOR AN ELECTION IS FILED. 6
2226		-
2227		-	(2) THE LIST REQUIRED TO BE PROVIDED UNDER PA RAGRAPH (1) OF 7
2228		-	THIS SUBSECTION SHAL L: 8
2229		-
2230		-	(I) INCLUDE FOR EACH PUB LIC EMPLOYEE ON THE PAYROLL 9
2231		-	FOR THE LAST PAY PERIOD BEFO RE A PETITION FOR EL ECTION IS FILED , THE 10
2232		-	PUBLIC EMPLOYEE ’S: 11
2233		-
2234		-	1. NAME; 12
2235		-
2236		-	2. POSITION CLASSIFICAT ION; 13
2237		-
2238		-	3. HOME AND WORK SITE A DDRESSES WHERE THE 14
2239		-	EMPLOYEE RECEIVES IN TEROFFICE OR UNITED STATES MAIL; 15
2240		-
2241		-	4. HOME AND WORK SITE T ELEPHONE NUMBERS ; 16
2242		-
2243		-	5. PERSONAL CELL PHONE NUMBER; AND 17
2244		-
2245		-	6. WORK E–MAIL ADDRESS ; AND 18
2246		-
2247		-	(II) IDENTIFY EACH PUBLIC EMPLOYEE THAT SHOULD BE 19
2248		-	EXCLUDED AS AN ELIGI BLE VOTER WITH A STA TEMENT EXPLAINING TH E REASON 20
2249		-	FOR THE EXCLUSION . 21
2250		-
2251		-	(3) A PUBLIC EMPLOYER MAY NOT CHALLENGE TH E ELIGIBILITY OF 22
2252		-	A PUBLIC EMPLOYEE ’S VOTE IN AN ELECTIO N IF THE EMPLOYER FA ILS TO EXPLAIN 23
2253		-	AS REQUIRED UNDER PA RAGRAPH (2) OF THIS SUBSECTION T HE REASON FOR 24
2254		-	EXCLUDING A PUBLIC E MPLOYEE UNDER THIS S UBSECTION. 25
2255		-
2256		-	(4) ON APPLICATION BY A P UBLIC EMPLOYER OR AN EMPLOYEE 26
2257		-	ORGANIZATION , THE BOARD MAY DETERMINE T HAT A PUBLIC EMPLOYE R SHALL BE 27
2258		-	DESIGNATED AS A JOIN T PUBLIC EMPLOYER OF A PUBLIC EMPLOYEE WI THIN A 28
2259		-	BARGAINING UNIT UNDE R THIS SUBTITLE WHEN THE DESIGNATION WOUL D BEST 29
2260		-	EFFECTUATE THE PURPO SES OF THIS TITLE. 30
2261		-
2262		-	21–403. 31 SENATE BILL 367 49
2263		-
2264		-
2265		-
2266		-	(A) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, TITLE 6, 1
2267		-	SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, TITLE 16, SUBTITLE 7 OF THE 2
2268		-	EDUCATION ARTICLE, OR TITLE 3 OF THE STATE PERSONNEL AND PENSIONS 3
2269		-	ARTICLE, THE BOARD SHALL DETE RMINE THE APPROPRIAT ENESS OF EACH 4
2270		-	BARGAINING UNIT . 5
2271		-
2272		-	(2) IF THERE IS NO DISPUT E ABOUT THE APPROPRI ATENESS OF THE 6
2273		-	ESTABLISHMENT OF THE BARGAINING UNIT , THE BOARD SHALL ISSUE AN ORDER 7
2274		-	DEFINING AN APPROPRI ATE BARGAINING UNIT . 8
2275		-
2276		-	(3) IF THERE IS A DISPUTE ABOUT THE APPROPRIATENE SS OF THE 9
2277		-	ESTABLISHMENT OF THE BARGAINING UNIT , THE BOARD SHALL: 10
2278		-
2279		-	(I) CONDUCT A HEARING ; AND 11
2280		-
2281		-	(II) ISSUE AN ORDER DEFIN ING AN APPROPRIATE B ARGAINING 12
2282		-	UNIT. 13
2283		-
2284		-	(B) IF THE APPROPRIATE BA RGAINING UNIT AS DET ERMINED BY THE 14
2285		-	BOARD DIFFERS FROM THE BARGAINING UNIT DESCRIBED IN TH E PETITION, THE 15
2286		-	BOARD MAY: 16
2287		-
2288		-	(1) DISMISS THE PETITION ; OR 17
2289		-
2290		-	(2) DIRECT AN ELECTION I N THE APPROPRIATE BA RGAINING UNIT IF 18
2291		-	AT LEAST 30% OF THE SIGNATURES IN CLUDED IN THE PETITI ON ARE OF EMPLOYEES 19
2292		-	IN THE APPROPRIATE BARGAINING UNIT . 20
2293		-
2294		-	(C) A BARGAINING UNIT MAY CONSIST ONLY OF PUBL IC EMPLOYEES. 21
2295		-
2296		-	21–404. 22
2297		-
2298		-	EACH EMPLOYEE ORGANIZ ATION THAT SEEKS CER TIFICATION AS AN 23
2299		-	EXCLUSIVE REPRESENTA TIVE SHALL FILE WITH THE BOARD: 24
2300		-
2301		-	(1) A COPY OF THE EMPLOY EE ORGANIZATION ’S GOVERNING 25
2302		-	DOCUMENTS THAT : 26
2303		-
2304		-	(I) GIVE INDIVIDUAL MEMB ERS THE RIGHT TO PAR TICIPATE IN 27
2305		-	ACTIVITIES OF THE OR GANIZATION; 28
	2001	+	(2) (I) THE APPROPRIATENESS O F THE UNIT MAY NOT BE 1
	2002	+	CHALLENGED UNTIL THE EXPIRATION OF ANY CO LLECTIVE BARGAINING 2
	2003	+	AGREEMENT IN EFFECT ON JUNE 30, 2023. 3
	2004	+
	2005	+	(II) THE BOARD MAY NOT MODIFY ANY BARGAINING UNIT 4
	2006	+	DETERMINED UNDER EXISTING LAW . 5
	2007	+
	2008	+	21–402. 6
	2009	+
	2010	+	(A) A PETITION FOR THE ELE CTION OF AN EXCLUSIV E REPRESENTATIVE OF 7
	2011	+	A BARGAINING UNIT MA Y BE FILED WITH THE BOARD BY: 8
	2012	+
	2013	+	(1) AN EMPLOYEE ORGANIZA TION SEEKING CERTIFI CATION AS AN 9
	2014	+	EXCLUSIVE REPRESENTA TIVE; OR 10
	2015	+
	2016	+	(2) AN EMPLOYEE, A GROUP OF EMPLOYEES , OR AN EMPLOYEE 11
	2017	+	ORGANIZATION SEEKING A NEW ELECTION TO DE TERMINE AN EXCLUSIVE 12
	2018	+	REPRESENTATIVE . 13
	2019	+
	2020	+	(B) A PETITION SHALL : 14
	2021	+
	2022	+	(1) CONTAIN THE INFORMAT ION THE BOARD REQUIRES ; AND 15
	2023	+
	2024	+	(2) BE ACCOMPANIED BY A SHOWING OF INTEREST FORMS FROM 30% 16
	2025	+	OF THE EMPLOYEES IN THE APPROPRIATE UNIT INDICATING THEIR DES IRE TO BE 17
	2026	+	EXCLUSIVELY REPRESEN TED BY THE EXCLUSIVE REPRESENTA TIVE NAMED IN THE 18
	2027	+	PETITION FOR THE PURPOSE OF C OLLECTIVE BARGAINING . 19
	2028	+
	2029	+	(C) IF THE BOARD DETERMINES THAT A REQUIRED SHOWING O F INTEREST 20
	2030	+	IS NOT ADEQUATE , THE BOARD: 21
	2031	+
	2032	+	(1) SHALL ALLOW AT A MINIMUM AN ADDI TIONAL 30 DAYS FOR THE 22
	2033	+	PETITIONER TO SUBMIT ADDITIONAL SH OWING OF INTEREST FO RMS AFTER THE 23
	2034	+	PETITIONER IS NOTIFIED OF THE D ETERMINATION ; AND 24
	2035	+
	2036	+	(2) MAY, FOR GOOD CAUSE , PROVIDE ADDITIONAL T IME TO THE 25
	2037	+	PETITIONER TO PROVIDE ADDITIONA L FORMS. 26
	2038	+
	2039	+	(D) IF A PETITION IS SUPP ORTED BY MORE THAN 50% OF THE PUBLIC 27
	2040	+	EMPLOYEES IN THE BAR GAINING UNIT , THE PUBLIC EMPLOYER SHALL 28
	2041	+	IMMEDIATELY RECOGNIZ E THE EMPLOYEE ORGAN IZATION AS THE EXCLU SIVE 29
	2042	+	REPRESENTATIVE AND A FFORD TO THE EXCLUSI VE REPRESENTATIVE AN D ITS 30
	2043	+	MEMBERS ALL RIGHTS D UE UNDER THIS TITLE . 31 SENATE BILL 367 45
	2044	+
	2045	+
	2046	+
	2047	+	(E) (1) A PETITION FILED UNDER SUBSECTION (A) OF THIS SECTION 1
	2048	+	SHALL INCLUDE SHOWIN G OF INTEREST FORMS PROVIDED TO THE BOARD FROM AN 2
	2049	+	EMPLOYEE ORGANIZATION . 3
	2050	+
	2051	+	(2) THE BOARD SHALL ACCEPT A SHOWING OF INTEREST FORM 4
	2052	+	WHETHER OR NOT THE S IGNATURES ON THE FOR M ARE ELECTRONIC OR 5
	2053	+	HANDWRITTEN . 6
	2054	+
	2055	+	(3) (I) FOR AN ELECTION THAT IS CONDUCTED TO DETE RMINE 7
	2056	+	WHETHER AN EXCLUSIVE REPRESENTATIVE SHOUL D REPRESENT A UNIT, A 8
	2057	+	SHOWING OF INTEREST FORM IS VALID IF THE SIGNATURES WERE COLL ECTED 9
	2058	+	WITHIN THE 18–MONTH PERIOD IMMEDIA TELY PRECEDING THE D ATE ON WHICH A 10
	2059	+	PETITION FOR THE ELECTION IS FILED . 11
	2060	+
	2061	+	(II) FOR AN ELECTION THAT IS CONDUCTED TO DETE RMINE 12
	2062	+	WHETHER AN EXCLUSIV E REPRESENTATIVE SHOULD NO LONGER REPRESENT A 13
	2063	+	UNIT, A SHOWING OF INTERES T FORM IS VALID IF T HE SIGNATURES WERE 14
	2064	+	COLLECTED WITHIN THE 90–DAY PERIOD IMMEDIATE LY PRECEDING THE DAT E ON 15
	2065	+	WHICH THE PETITION FOR ELECTIO N IS FILED. 16
	2066	+
	2067	+	(4) A SHOWING OF INTEREST FORM MAY BE USED BY A PUB LIC 17
	2068	+	EMPLOYEE FOR EACH PUBLIC EMPLOYER THAT EMPLOYS THE PUB LIC EMPLOYEE . 18
	2069	+
	2070	+	(F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A PUBLIC 19
	2071	+	EMPLOYER SHALL PROVI DE TO THE BOARD AND THE EMPLOYEE ORGANIZATIO N AN 20
	2072	+	ALPHABETICAL LIST OF PUBLIC EMP LOYEES IN EACH BARGA INING UNIT WITHIN 2 21
	2073	+	DAYS AFTER A PETITIO N FOR AN ELECTION IS FILED. 22
	2074	+
	2075	+	(2) THE LIST REQUIRED TO BE PROVIDED UNDER PA RAGRAPH (1) OF 23
	2076	+	THIS SUBSECTION SHAL L: 24
	2077	+
	2078	+	(I) INCLUDE FOR EACH PUBL IC EMPLOYEE ON THE P AYROLL 25
	2079	+	FOR THE LAST PAY PER IOD BEFORE A PETITION FO R ELECTION IS FILED , THE 26
	2080	+	PUBLIC EMPLOYEE ’S: 27
	2081	+
	2082	+	1. NAME; 28
	2083	+
	2084	+	2. POSITION CLASSIFICATI ON; 29
	2085	+
	2086	+	3. HOME AND WORK SITE AD DRESSES WHERE THE 30
	2087	+	EMPLOYEE RECEIVES IN TEROFFICE OR UNITED STATES MAIL; 31
	2088	+	46 SENATE BILL 367
	2089	+
	2090	+
	2091	+	4. HOME AND WORK SITE TE LEPHONE NUMBERS ; 1
	2092	+
	2093	+	5. PERSONAL CELL PHONE N UMBER; AND 2
	2094	+
	2095	+	6. WORK E–MAIL ADDRESS ; AND 3
	2096	+
	2097	+	(II) IDENTIFY EACH PUBLIC EMPLOYEE THAT SHOULD BE 4
	2098	+	EXCLUDED AS AN ELIGI BLE VOTER WITH A STA TEMENT EXPLAINING TH E REASON 5
	2099	+	FOR THE EXCLUSION . 6
	2100	+
	2101	+	(3) A PUBLIC EMPLOYER MAY NOT CHALLEN GE THE ELIGIBILITY O F 7
	2102	+	A PUBLIC EMPLOYEE ’S VOTE IN AN ELECTIO N IF THE EMPLOYER FA ILS TO EXPLAIN 8
	2103	+	AS REQUIRED UNDER PARAGRAPH (2) OF THIS SUBSECTION THE REASON FOR 9
	2104	+	EXCLUDING A PUBLIC E MPLOYEE UNDER THIS S UBSECTION. 10
	2105	+
	2106	+	(4) ON APPLICATION BY A P UBLIC EMPLOYER O R AN EMPLOYEE 11
	2107	+	ORGANIZATION , THE BOARD MAY DETERMINE T HAT A PUBLIC EMPLOYE R SHALL BE 12
	2108	+	DESIGNATED AS A JOINT PUBLIC EMPLO YER OF A PUBLIC EMPLOYEE WITHIN A 13
	2109	+	BARGAINING UNIT UNDER THIS SUBTITLE WHEN THE DESIGNATION WOULD BEST 14
	2110	+	EFFECTUATE THE PURPO SES OF THIS TITLE. 15
	2111	+
	2112	+	21–403. 16
	2113	+
	2114	+	(A) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITLE, TITLE 6, 17
	2115	+	SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, TITLE 16, SUBTITLE 7 OF THE 18
	2116	+	EDUCATION ARTICLE, OR TITLE 3 OF THE STATE PERSONNEL AND PENSIONS 19
	2117	+	ARTICLE, THE BOARD SHALL DETERMINE THE APPROPRIATENESS OF E ACH 20
	2118	+	BARGAINING UNIT . 21
	2119	+
	2120	+	(2) IF THERE IS NO DISPUT E ABOUT THE APPROPRI ATENESS OF THE 22
	2121	+	ESTABLISHMENT OF THE BARGAINING UNIT , THE BOARD SHALL ISSUE AN ORDER 23
	2122	+	DEFINING AN APPROPRI ATE BARGAINING UNIT . 24
	2123	+
	2124	+	(3) IF THERE IS A DISPUTE ABOUT THE APP ROPRIATENESS OF THE 25
	2125	+	ESTABLISHMENT OF THE BARGAINING UNIT , THE BOARD SHALL: 26
	2126	+
	2127	+	(I) CONDUCT A HEARING ; AND 27
	2128	+
	2129	+	(II) ISSUE AN ORDER DEFIN ING AN APPROPRIATE B ARGAINING 28
	2130	+	UNIT. 29
	2131	+	SENATE BILL 367 47
	2132	+
	2133	+
	2134	+	(B) IF THE APPROPRIATE BA RGAINING UNIT AS DET ERMINED BY THE 1
	2135	+	BOARD DIFFERS FROM TH E BARGAINING UNIT DESC RIBED IN THE PETITIO N, THE 2
	2136	+	BOARD MAY: 3
	2137	+
	2138	+	(1) DISMISS THE PETITION ; OR 4
	2139	+
	2140	+	(2) DIRECT AN ELECTION I N THE APPROPRIATE BA RGAINING UNIT IF 5
	2141	+	AT LEAST 30% OF THE SIGNATURES INCLU DED IN THE PETITION ARE OF EMPLOYEES 6
	2142	+	IN THE APPROPRIATE B ARGAINING UNIT. 7
	2143	+
	2144	+	(C) A BARGAINING UNIT MAY CONSIST ONLY OF PUBL IC EMPLOYEES. 8
	2145	+
	2146	+	21–404. 9
	2147	+
	2148	+	EACH EMPLOYEE ORGANIZ ATION THAT SEEKS CER TIFICATION AS AN 10
	2149	+	EXCLUSIVE REPRESENTA TIVE SHALL FILE WITH THE BOARD: 11
	2150	+
	2151	+	(1) A COPY OF THE EMPLOY EE ORGANIZATION ’S GOVERNING 12
	2152	+	DOCUMENTS THAT: 13
	2153	+
	2154	+	(I) GIVE INDIVIDUAL MEMB ERS THE RIGHT TO PAR TICIPATE IN 14
	2155	+	ACTIVITIES OF THE OR GANIZATION; 15
	2156	+
	2157	+	(II) REQUIRE PERIODIC ELE CTIONS BY SECRET BAL LOT THAT 16
	2158	+	ARE CONDUCTED WITH R ECOGNIZED SAFEGUARDS TO ENSURE THE EQUAL RIGHTS 17
	2159	+	OF ALL MEMBERS TO NO MINATE, SEEK OFFICE, AND VOTE IN THE ELEC TIONS; AND 18
	2160	+
	2161	+	(III) DIRECT FULL AND ACCU RATE ACCOUNTING OF A LL INCOME 19
	2162	+	AND EXPENSES USING S TANDARD ACCOUNTING M ETHODS; AND 20
	2163	+
	2164	+	(2) A CERTIFICATION THAT THE EMPLOYEE ORGANIZATION ACCEPTS 21
	2165	+	MEMBERS WITHOUT REGA RD TO ANY CHARACTERIS TIC LISTED IN § 21–201(D) OF 22
	2166	+	THIS TITLE. 23
	2167	+
	2168	+	21–405. 24
	2169	+
	2170	+	(A) (1) WITHIN 5 DAYS AFTER DETERMIN ING THAT A VALID PETITIO N HAS 25
	2171	+	BEEN SUBMITTED UNDER § 21–402 OF THIS SUBTITLE , THE BOARD SHALL NOTIFY 26
	2172	+	INTERESTED EMPLOYEE ORGANIZATIONS OF THE PENDING ELECTION PET ITION. 27
	2173	+
	2174	+	(2) WITHIN 10 DAYS AFTER DETERMIN ING THAT A VALID PETITIO N 28
	2175	+	HAS BEEN SUBMITTED U NDER § 21–402 OF THIS SUBTITLE, THE PUBLIC EMPLOYER , 29
	2176	+	AS APPROPRIATE, SHALL MAKE AVAILABLE TO ALL INTERESTED EM PLOYEE 30 48 SENATE BILL 367
	2177	+
	2178	+
	2179	+	ORGANIZATIONS REASON ABLE AND EQUIVALENT MEANS TO COMMUNI CATE BY MAIL 1
	2180	+	AND IN PERSON WITH E ACH EMPLOYEE IN THE APPROPRIATE BARGAINI NG UNIT FOR 2
	2181	+	THE PURPOSE OF SOLIC ITING THE EMPLOYEE ’S VOTE IN AN ELECTIO N HELD UNDER 3
	2182	+	THIS SECTION. 4
	2183	+
	2184	+	(B) AN ELECTION SHALL BE HELD IN A BARGAINING UNIT WITHIN 90 DAYS 5
	2185	+	AFTER THE FILING OF A VALID PETITION FOR ELECTION IN THE BARGAINING UNIT 6
	2186	+	IN ACCORDANCE WITH G UIDELINES ESTABLISHE D BY THE BOARD. 7
	2187	+
	2188	+	(C) (1) (I) THE BOARD SHALL CONDUCT T HE ELECTION: 8
	2189	+
	2190	+	1. BY SECRET BALLOT ; AND 9
	2191	+
	2192	+	2. SUBJECT TO SUBPARAGRAPH (II) OF THIS 10
	2193	+	PARAGRAPH , IN WHOLE OR IN PART BY IN–PERSON VOTING , MAIL, OR AN 11
	2194	+	ELECTRONIC VOTING SY STEM. 12
	2195	+
	2196	+	(II) THE BOARD MAY DESIGNATE T HE TIME PERIOD FOR 13
	2197	+	IN–PERSON VOTING UNDER SUBPARAGRAPH (III) OF THIS PARAGRAPH ONLY AFTER 14
	2198	+	CONSULTING WITH THE PUBLIC EMPLOYER AND EMPLOYEE ORGANI ZATIONS ON THE 15
	2199	+	BALLOT. 16
	2200	+
	2201	+	(III) 1. THE BOARD SHALL ALLOW AT LEAST 10 DAYS OF 17
	2202	+	VOTING FOR AN ELECTI ON CONDUCTED UNDER SUBPARAGRAPH (I) OF THIS 18
	2203	+	PARAGRAPH , UNLESS AN EMPLOYEE O RGANIZATION ON THE B ALLOT REQUESTS AN 19
	2204	+	EXTENSION. 20
	2205	+
	2206	+	2. IF THE VOTING SYSTEM IS INOPERABLE, THE BOARD 21
	2207	+	MAY EXTEND THE TIME PERIOD FOR VOTING . 22
	2208	+
	2209	+	(2) (I) AN EMPLOYEE ORGANIZAT ION ON A BALLOT MAY REQUEST 23
	2210	+	A PREFERRED METHOD O F VOTING AT THE TIME A PETITION FOR ELECT ION IS FILED 24
	2211	+	WITH THE BOARD. 25
	2212	+
	2213	+	(II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS 26
	2214	+	PARAGRAPH , THE BOARD SHALL DESIGNATE THE METHOD OF VOTING BASED ON 27
	2215	+	THE REQUESTS OF THE EMPLOYEE ORGANIZATIO NS ON THE BALLOT . 28
	2216	+
	2217	+	(III) IF THERE IS A DISPUTE BETWEEN TWO OR MORE EMPLOYEE 29
	2218	+	ORGANIZATIONS ON THE BALLOT OVER THE METH OD OF VOTING, THE BOARD MAY 30
	2219	+	DESIGNATE THE METHOD OF VOTING. 31
	2220	+	SENATE BILL 367 49
	2221	+
	2222	+
	2223	+	(3) THE BOARD SHALL PLACE THE FOLLOWING CHOICES ON THE 1
	2224	+	BALLOT: 2
	2225	+
	2226	+	(I) THE NAME OF THE EXCL USIVE REPRESENTATIVE , IF ANY; 3
	2227	+
	2228	+	(II) THE NAME OF THE EMPL OYEE ORGANIZATION DE SIGNATED 4
	2229	+	IN THE PETITION FILE D UNDER § 21–402 OF THIS SUBTITLE WIT H RESPECT TO AN 5
	2230	+	APPROPRIATE BARGAINI NG UNIT; 6
	2231	+
	2232	+	(III) THE NAME OF EACH EMP LOYEE ORGANIZATION 7
	2233	+	DESIGNATED IN A PETI TION FILED WITH THE BOARD, WITHIN 15 DAYS OF NOTICE OF 8
	2234	+	THE PENDING ELECTION PETITION, THAT INCLUDES THE SI GNATURES OF AT LEAST 9
	2235	+	10% OF THE EMPLOYEES IN THE APPROPRIATE BARG AINING UNIT; AND 10
	2236	+
	2237	+	(IV) A PROVISION FOR “NO EXCLUSIVE REPRESE NTATIVE”. 11
	2238	+
	2239	+	(D) IF NONE OF THE CHOICE S ON A BALLOT RECEIV ES A MAJORITY OF THE 12
	2240	+	VOTES CAST IN AN ELE CTION, THE BOARD SHALL CONDUCT A RUNOFF ELECTION 13
	2241	+	BETWEEN THE CHOICES THAT RECEIVED THE TW O HIGHEST NUMBER OF VOTES IN 14
	2242	+	THE ELECTION . 15
	2243	+
	2244	+	21–406. 16
	2245	+
	2246	+	(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , THE 17
	2247	+	BOARD SHALL CERTIFY A S EXCLUSIVE REPRESEN TATIVE THE EMPLOYEE 18
	2248	+	ORGANIZATION RECEIVI NG THE VOTES IN AN ELECTION FROM A MAJORITY OF T HE 19
	2249	+	EMPLOYEES VOTING IN THE ELECTION . 20
	2250	+
	2251	+	(B) AFTER NOTICE AND AN O PPORTUNITY FOR A HEA RING, THE BOARD MAY 21
	2252	+	DENY OR REVOKE CERTI FICATION AS EXCLUSIV E REPRESENTATIVE OF AN 22
	2253	+	EMPLOYEE ORGANIZATIO N FOR WILLFUL FAILUR E TO COMPLY WITH THIS TITLE. 23
	2254	+
	2255	+	(C) NOTWITHSTANDING ANY O THER PROVISION OF TH IS SUBTITLE, THE 24
	2256	+	BOARD SHALL CERTIFY T HE EMPLOYEE ORGANIZA TION AS THE EXCLUSIV E 25
	2257	+	REPRESENTATIVE WITHO UT AN ELECTION IF : 26
	2258	+
	2259	+	(1) A PETITION FOR AN EXCLUSIVE REP RESENTATIVE HAS BEEN 27
	2260	+	FILED FOR A BARGAINING UNIT ; 28
	2261	+
	2262	+	(2) THE BOARD FINDS THAT A MA JORITY OF THE EMPLOY EES IN THE 29
	2263	+	BARGAINING UNIT HAVE SIGNED VALID AUTHORI ZATIONS DESIGNATING THE 30
	2264	+	EMPLOYEE ORGANIZATIO N AS THEIR EXCLUSIVE REPRESENTATIVE ; AND 31
2306	2265		50 SENATE BILL 367
2307	2266
2308	2267
2309		-	(II) REQUIRE PERIODIC ELE CTIONS BY SECRET BAL LOT THAT 1
2310		-	ARE CONDUCTED WITH R ECOGNIZED SAFEGUARDS TO ENSURE THE EQUAL RIGHTS 2
2311		-	OF ALL MEMBERS TO NOMINATE, SEEK OFFICE, AND VOTE IN THE ELEC TIONS; AND 3
2312		-
2313		-	(III) DIRECT FULL AND ACCU RATE ACCOUNTING OF A LL INCOME 4
2314		-	AND EXPENSES USING S TANDARD ACCOUNTING M ETHODS; AND 5
2315		-
2316		-	(2) A CERTIFICATION THAT THE EMPLOYEE ORGANIZ ATION ACCEPTS 6
2317		-	MEMBERS WITHOUT REGA RD TO ANY CHARACTERISTIC LIS TED IN § 21–201(D) OF 7
2318		-	THIS TITLE. 8
2319		-
2320		-	21–405. 9
2321		-
2322		-	(A) (1) WITHIN 5 DAYS AFTER DETERMINI NG THAT A VALID PETI TION HAS 10
2323		-	BEEN SUBMITTED UNDER § 21–402 OF THIS SUBTITLE , THE BOARD SHALL NOTIFY 11
2324		-	INTERESTED EMPLOYEE ORGANIZATIONS OF THE PENDING ELECT ION PETITION. 12
2325		-
2326		-	(2) WITHIN 10 DAYS AFTER DETERMINI NG THAT A VALID PETI TION 13
2327		-	HAS BEEN SUBMITTED U NDER § 21–402 OF THIS SUBTITLE, THE PUBLIC EMPLOYER , 14
2328		-	AS APPROPRIATE , SHALL MAKE AVAILABLE TO ALL INTERESTED EM PLOYEE 15
2329		-	ORGANIZATIONS REASON ABLE AND EQUIVALENT MEANS TO COMMUNICATE BY MAIL 16
2330		-	AND IN PERSON WITH E ACH EMPLOYEE IN THE APPROPRIATE BARGAINI NG UNIT FOR 17
2331		-	THE PURPOSE OF SOLIC ITING THE EMPLOYEE ’S VOTE IN AN ELECTIO N HELD UNDER 18
2332		-	THIS SECTION. 19
2333		-
2334		-	(B) AN ELECTION SHALL BE HELD IN A BARGAINING UNIT WITHIN 90 DAYS 20
2335		-	AFTER THE FILING OF A VA LID PETITION FOR ELE CTION IN THE BARGAIN ING UNIT 21
2336		-	IN ACCORDANCE WITH G UIDELINES ESTABLISHE D BY THE BOARD. 22
2337		-
2338		-	(C) (1) (I) THE BOARD SHALL CONDUCT T HE ELECTION: 23
2339		-
2340		-	1. BY SECRET BALLOT ; AND 24
2341		-
2342		-	2. SUBJECT TO SUBPARAGR APH (II) OF THIS 25
2343		-	PARAGRAPH, IN WHOLE OR IN PART BY IN–PERSON VOTING , MAIL, OR AN 26
2344		-	ELECTRONIC VOTING SY STEM. 27
2345		-
2346		-	(II) THE BOARD MAY DESIGNATE T HE TIME PERIOD FOR 28
2347		-	IN–PERSON VOTING UNDER SUBPARAGRAPH (III) OF THIS PARAGRAPH ON LY AFTER 29
2348		-	CONSULTING WITH THE PUBLIC EMPLOYER AND EMPLOYEE ORGANIZATIO NS ON THE 30
2349		-	BALLOT. 31
2350		-
2351		-	(III) 1. THE BOARD SHALL ALLOW AT LEAST 10 DAYS OF 32
2352		-	VOTING FOR AN ELECTI ON CONDUCTED UNDER S UBPARAGRAPH (I) OF THIS 33 SENATE BILL 367 51
2353		-
2354		-
2355		-	PARAGRAPH , UNLESS AN EMPLOYEE O RGANIZATION ON THE B ALLOT REQUESTS AN 1
2356		-	EXTENSION. 2
2357		-
2358		-	2. IF THE VOTING SYSTEM IS INOPERA BLE, THE BOARD 3
2359		-	MAY EXTEND THE TIME PERIOD FOR VOTING . 4
2360		-
2361		-	(2) (I) AN EMPLOYEE ORGANIZAT ION ON A BALLOT MAY REQUEST 5
2362		-	A PREFERRED METHOD O F VOTING AT THE TIME A PETITION FOR ELECT ION IS FILED 6
2363		-	WITH THE BOARD. 7
2364		-
2365		-	(II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS 8
2366		-	PARAGRAPH , THE BOARD SHALL DESIGNATE THE METHOD OF VOTING BASED ON 9
2367		-	THE REQUESTS OF THE EMPLOYEE ORGANIZATIO NS ON THE BALLOT . 10
2368		-
2369		-	(III) IF THERE IS A DISPUTE BETWEEN TWO OR MORE EMPLOYEE 11
2370		-	ORGANIZATIONS ON THE BALLOT OVER THE METH OD OF VOTING, THE BOARD MAY 12
2371		-	DESIGNATE THE METHOD OF VOTING. 13
2372		-
2373		-	(3) THE BOARD SHALL PLACE THE FOLLOWING CHOICES ON THE 14
2374		-	BALLOT: 15
2375		-
2376		-	(I) THE NAME OF THE EXCL USIVE REPRESENTATIVE , IF ANY; 16
2377		-
2378		-	(II) THE NAME OF THE EMPL OYEE ORGANIZATION DE SIGNATED 17
2379		-	IN THE PETITION F ILED UNDER § 21–402 OF THIS SUBTITLE WIT H RESPECT TO AN 18
2380		-	APPROPRIATE BARGAINI NG UNIT; 19
2381		-
2382		-	(III) THE NAME OF EACH EMP LOYEE ORGANIZATION 20
2383		-	DESIGNATED IN A PETI TION FILED WITH THE BOARD, WITHIN 15 DAYS OF NOTICE OF 21
2384		-	THE PENDING ELECTION PETITION, THAT INCLUDES THE SIGNATURES OF AT LEAST 22
2385		-	10% OF THE EMPLOYEES IN THE APPROPRIATE BARG AINING UNIT; AND 23
2386		-
2387		-	(IV) A PROVISION FOR “NO EXCLUSIVE REPRESE NTATIVE”. 24
2388		-
2389		-	(D) IF NONE OF THE CHOICE S ON A BALLOT RECEIV ES A MAJORITY OF THE 25
2390		-	VOTES CAST IN AN ELE CTION, THE BOARD SHALL C ONDUCT A RUNOFF ELEC TION 26
2391		-	BETWEEN THE CHOICES THAT RECEIVED THE TW O HIGHEST NUMBER OF VOTES IN 27
2392		-	THE ELECTION . 28
2393		-
2394		-	21–406. 29
2395		-
2396		-	(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , THE 30
2397		-	BOARD SHALL CERTIFY A S EXCLUSIVE REPRESEN TATIVE THE EMPLOYEE 31 52 SENATE BILL 367
2398		-
2399		-
2400		-	ORGANIZATION R ECEIVING THE VOTES I N AN ELECTION FROM A MAJORITY OF THE 1
2401		-	EMPLOYEES VOTING IN THE ELECTION . 2
2402		-
2403		-	(B) AFTER NOTICE AND AN O PPORTUNITY FOR A HEA RING, THE BOARD MAY 3
2404		-	DENY OR REVOKE CERTI FICATION AS EXCLUSIV E REPRESENTATIVE OF AN 4
2405		-	EMPLOYEE ORGANIZATIO N FOR WILLFUL FAILURE TO COMPLY WI TH THIS TITLE. 5
2406		-
2407		-	(C) NOTWITHSTANDING ANY O THER PROVISION OF TH IS SUBTITLE, THE 6
2408		-	BOARD SHALL CERTIFY T HE EMPLOYEE ORGANIZA TION AS THE EXCLUSIV E 7
2409		-	REPRESENTATIVE WITHO UT AN ELECTION IF : 8
2410		-
2411		-	(1) A PETITION FOR AN EX CLUSIVE REPRESENTATI VE HAS BEEN 9
2412		-	FILED FOR A BARGAINI NG UNIT; 10
2413		-
2414		-	(2) THE BOARD FINDS THAT A MA JORITY OF THE EMPLOY EES IN THE 11
2415		-	BARGAINING UNIT HAVE SIGNED VALID AUTHORI ZATIONS DESIGNATING THE 12
2416		-	EMPLOYEE ORGANIZATIO N AS THEIR EXCLUSIVE REPRESENTATIVE ; AND 13
2417		-
2418		-	(3) NO OTHER EMPLOYEE OR GANIZATION IS CURRENTLY CER TIFIED 14
2419		-	OR RECOGNIZED AS THE EXCLUSIVE REPRESENTA TIVE OF THE BARGAINI NG UNIT. 15
2420		-
2421		-	21–407. 16
2422		-
2423		-	NAMES OR LISTS OF EMP LOYEES PROVIDED TO T HE BOARD IN CONNECTION 17
2424		-	WITH AN ELECTION UND ER THIS SUBTITLE ARE NOT SUBJECT TO DISCL OSURE IN 18
2425		-	ACCORDANCE WIT H TITLE 4 OF THE GENERAL PROVISIONS ARTICLE. 19
2426		-
2427		-	SUBTITLE 5. COLLECTIVE BARGAINING. 20
2428		-
2429		-	21–501. 21
2430		-
2431		-	(A) REPRESENTATIVES OF PU BLIC EMPLOYERS AND E XCLUSIVE 22
2432		-	REPRESENTATIVES SHAL L MEET AT REASONABLE TIMES AND ENGAGE IN 23
2433		-	COLLECTIVE BARGAININ G IN GOOD FAITH AND TO CONCLU DE A WRITTEN 24
2434		-	MEMORANDUM OF UNDERS TANDING OR OTHER NEG OTIATED AGREEMENT IN 25
2435		-	ACCORDANCE WITH TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, TITLE 26
2436		-	16, SUBTITLE 7 OF THE EDUCATION ARTICLE, OR TITLE 3 OF THE STATE 27
2437		-	PERSONNEL AND PENSIONS ARTICLE. 28
2438		-
2439		-	(B) EACH NEGOTIATED AGREEMENT BETWEEN A PUBLIC EMP LOYER AND 29
2440		-	AN EXCLUSIVE REPRESE NTATIVE SHALL CONTAI N A PROCEDURE BY WHI CH A 30
2441		-	DISPUTE REGARDING TH E TERMS AND APPLICAT IONS OF THE NEGOTIAT ED 31
2442		-	AGREEMENT MAY BE RES OLVED BY AN IMPARTIA L ARBITER IN A PROCE EDING 32 SENATE BILL 367 53
2443		-
2444		-
2445		-	WHICH BINDS BOTH THE PUBLIC EMPL OYER AND THE EMPLOYE E ORGANIZATION TO 1
2446		-	THE RESULT. 2
2447		-
2448		-	21–502. 3
2449		-
2450		-	(A) THIS SECTION APPLIES TO EMPLOYEE ORGANIZA TIONS THAT 4
2451		-	REPRESENT PUBLIC EMP LOYEES ENTITLED TO U SE THE GRIEVANCE AND APPEAL 5
2452		-	PROCEDURES ESTABLISH ED UNDER: 6
2453		-
2454		-	(1) TITLES 11 AND 12 OF THE STATE PERSONNEL AND PENSIONS 7
2455		-	ARTICLE; 8
2456		-
2457		-	(2) TITLE 13, SUBTITLE 2 OF THE EDUCATION ARTICLE; 9
2458		-
2459		-	(3) § 14–302, § 14–408, OR § 16–510 OF THE EDUCATION ARTICLE; OR 10
2460		-
2461		-	(4) § 2–103.4(D) OF THE TRANSPORTATION ARTICLE. 11
2462		-
2463		-	(B) IF MEMBERS OF AN EMPL OYEE ORGANIZATION ARE ENT ITLED TO RAISE 12
2464		-	GRIEVANCES OF PUBLIC EMPLOYER ACTIONS UND ER THE GRIEVANCE AND APPEAL 13
2465		-	PROCEDURES ESTABLISH ED UNDER A PROVISION OF LAW LISTED UNDER 14
2466		-	SUBSECTION (A) OF THIS SECTION , THE GRIEVANCE AND AP PEAL PROCEDURES 15
2467		-	SHALL SERVE AS THE PROCEDURE FOR THE RE SOLUTION OF DISPUTES REGARDING 16
2468		-	THE TERMS AND APPLIC ATION OF MEMORANDA O F UNDERSTANDING , NEGOTIATED 17
2469		-	AGREEMENTS , OR OTHER FINAL WRITT EN AGREEMENTS , TO WHICH EMPLOYEE 18
2470		-	ORGANIZATIONS ARE A PARTY. 19
2471		-
2472		-	(C) AN EXCLUSIVE REPRESEN TATIVE MAY GRIEVE ALLEGED VIOLATIONS 20
2473		-	OF A MEMORANDUM OF U NDERSTANDING , NEGOTIATED AGREEMENT , OR OTHER 21
2474		-	FINAL WRITTEN AGREEM ENT, AS THE REAL PARTY IN INTEREST UNDER A 22
2475		-	GRIEVANCE PROCEDURE ESTABLISHED UNDER A PROVISION OF LAW LIS TED UNDER 23
2476		-	SUBSECTION (A) OF THIS SECTION. 24
2477		-
2478		-	(D) THE OFFICE OF ADMINISTRATIVE HEARINGS SHALL HAVE 25
2479		-	JURISDICTION TO RESO LVE ANY DISPUTE REGA RDING A MEMORANDUM O F 26
2480		-	UNDERSTANDING , NEGOTIATED AGREEMENT , OR OTHER FINAL WRITT EN 27
2481		-	AGREEMENT , WHEN GRIEVED THROUGH A GRIEVANCE PROCEDUR E CITED IN 28
2482		-	SUBSECTION (A) OF THIS SECTION. 29
2483		-
2484		-	SUBTITLE 6. SHORT TITLE. 30
2485		-
2486		-	21–601. 31
2487		-	54 SENATE BILL 367
2488		-
2489		-
2490		-	THIS TITLE MAY BE CIT ED AS THE MARYLAND PUBLIC EMPLOYEE RELATIONS 1
2491		-	ACT. 2
2492		-
2493		-	Article – State Personnel and Pensions 3
2494		-
2495		-	3–101. 4
2496		-
2497		-	(a) In this title the following words have the meanings indicated. 5
2498		-
2499		-	(b) “Board” means[: 6
2500		-
2501		-	(1) with regard to any matter relating to employees of any of the units of 7
2502		-	State government described in § 3–102(a)(1)(i) through (iv) and (vi) through (xii) of this 8
2503		-	subtitle and employees described in § 3–102(a)(2) and (3) of this subtitle, the State Labor 9
2504		-	Relations Board; and 10
2505		-
2506		-	(2) with regard to any matter relating to employees of any State institution 11
2507		-	of higher education described in § 3–102(a)(1)(v) of this subtitle, the State Higher Education 12
2508		-	Labor Relations Board] THE PUBLIC EMPLOYEE RELATIONS BOARD. 13
2509		-
2510		-	(c) “Chancellor” has the meaning stated in § 12–101 of the Education Article. 14
2511		-
2512		-	(d) “Collective bargaining” means: 15
2513		-
2514		-	(1) good faith negotiations by authorized representatives of employees and 16
2515		-	their employer with the intention of: 17
2516		-
2517		-	(i) 1. reaching an agreement about wages, hours, and other 18
2518		-	terms and conditions of employment; and 19
2519		-
2520		-	2. incorporating the terms of the agreement in a written 20
2521		-	memorandum of understanding or other written understanding; or 21
2522		-
2523		-	(ii) clarifying terms and conditions of employment; 22
2524		-
2525		-	(2) administration of terms and conditions of employment; or 23
2526		-
2527		-	(3) the voluntary adjustment of a dispute or disagreement between 24
2528		-	authorized representatives of employees and their employer that arises under a 25
2529		-	memorandum of understanding or other written understanding. 26
2530		-
2531		-	(e) “Employee organization” [means a labor or other organization in which State 27
2532		-	employees participate and that has as one of its primary purposes representing employees] 28
2533		-	HAS THE MEANING STAT ED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE. 29
	2268	+	(3) NO OTHER EMPLOYEE OR GANIZATION IS CURREN TLY CERTIFIED 1
	2269	+	OR RECOGNIZED AS THE EXCLUSIVE REPRESENTA TIVE OF THE BARGAINING UNIT. 2
	2270	+
	2271	+	21–407. 3
	2272	+
	2273	+	NAMES OR LISTS OF EMP LOYEES PROVIDED TO T HE BOARD IN CONNECTION 4
	2274	+	WITH AN ELECTION UND ER THIS SUBTITLE ARE NOT SUBJEC T TO DISCLOSURE IN 5
	2275	+	ACCORDANCE WITH TITLE 4 OF THE GENERAL PROVISIONS ARTICLE. 6
	2276	+
	2277	+	SUBTITLE 5. COLLECTIVE BARGAINING. 7
	2278	+
	2279	+	21–501. 8
	2280	+
	2281	+	(A) REPRESENTATIVES OF PU BLIC EMPLOYERS AND E XCLUSIVE 9
	2282	+	REPRESENTATIVES SHALL MEET AT REASON ABLE TIMES AND ENGAG E IN 10
	2283	+	COLLECTIVE BARGAININ G IN GOOD FAITH AND TO CONCLUDE A WRITTE N 11
	2284	+	MEMORANDUM OF UNDERS TANDING OR OTHER NEG OTIATED AGREEMENT IN 12
	2285	+	ACCORDANCE WITH TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, TITLE 13
	2286	+	16, SUBTITLE 7 OF THE EDUCATION ARTICLE, OR TITLE 3 OF THE STATE 14
	2287	+	PERSONNEL AND PENSIONS ARTICLE. 15
	2288	+
	2289	+	(B) EACH NEGOTIATED AGREEMENT BETWEEN A PUBLIC EMP LOYER AND 16
	2290	+	AN EXCLUSIVE REPRESE NTATIVE SHALL CONTAIN A PROC EDURE BY WHICH A 17
	2291	+	DISPUTE REGARDING TH E TERMS AND APPLICAT IONS OF TH E NEGOTIATED 18
	2292	+	AGREEMENT MAY BE RES OLVED BY AN IMPARTIAL AR BITER IN A PROCEEDIN G 19
	2293	+	WHICH BINDS BOTH THE PUBLIC EMPLOYER AND THE EMPLOYEE ORGANIZ ATION TO 20
	2294	+	THE RESULT. 21
	2295	+
	2296	+	21–502. 22
	2297	+
	2298	+	(A) THIS SECTION APPLIES TO E MPLOYEE ORGANIZATION S THAT 23
	2299	+	REPRESENT PUBLIC EMP LOYEES ENTITLED TO U SE THE GRIEVANCE AND APPEAL 24
	2300	+	PROCEDURES ESTABLISH ED UNDER: 25
	2301	+
	2302	+	(1) TITLES 11 AND 12 OF THE STATE PERSONNEL AND PENSIONS 26
	2303	+	ARTICLE; 27
	2304	+
	2305	+	(2) TITLE 13, SUBTITLE 2 OF THE EDUCATION ARTICLE; 28
	2306	+
	2307	+	(3) § 14–302, § 14–408, OR § 16–510 OF THE EDUCATION ARTICLE; OR 29
	2308	+
	2309	+	(4) § 2–103.4(D) OF THE TRANSPORTATION ARTICLE. 30
	2310	+	SENATE BILL 367 51
	2311	+
	2312	+
	2313	+	(B) IF MEMBERS OF AN EMPLOY EE ORGANIZATION ARE ENTITLED TO RAISE 1
	2314	+	GRIEVANCES OF PUBLIC EMPLOYER ACTIONS UND ER THE GRIEVANCE AND APPEAL 2
	2315	+	PROCEDURES ESTABLISHED UNDER A PROVISION OF LAW LISTED UNDER 3
	2316	+	SUBSECTION (A) OF THIS SECTION, THE GRIEVANCE AND APPEAL PROCEDURE S 4
	2317	+	SHALL SERVE AS THE PROCEDURE FOR THE RESOLUTION O F DISPUTES REGARDING 5
	2318	+	THE TERMS AND APPLIC ATION OF MEMORANDA OF UNDERST ANDING, NEGOTIATED 6
	2319	+	AGREEMENTS , OR OTHER FINAL WRITT EN AGREEMENTS , TO WHICH EMPLOYEE 7
	2320	+	ORGANIZATIONS ARE A PART Y. 8
	2321	+
	2322	+	(C) AN EXCLUSIVE REPRESEN TATIVE MAY GRIEVE AL LEGED VIOLATIONS 9
	2323	+	OF A MEMORANDUM OF UNDERS TANDING, NEGOTIATED AGREEMENT , OR OTHER 10
	2324	+	FINAL WRITTEN AGREEM ENT, AS THE REAL PARTY IN INTEREST UNDER A 11
	2325	+	GRIEVANCE PROCEDURE ESTABLISHED UNDER A PROVISION OF LAW LIS TED UNDER 12
	2326	+	SUBSECTION (A) OF THIS SECTION. 13
	2327	+
	2328	+	(D) THE OFFICE OF ADMINISTRATIVE HEARINGS SHALL HAVE 14
	2329	+	JURISDICTION TO RESO LVE ANY DISPUTE REGA RDING A MEMORANDUM O F 15
	2330	+	UNDERSTANDING , NEGOTIATED AGREEMENT , OR OTHER FINAL WRITTEN 16
	2331	+	AGREEMENT , WHEN GRIEVED THROUGH A GRIEVANCE PROCEDUR E CITED IN 17
	2332	+	SUBSECTION (A) OF THIS SECTION. 18
	2333	+
	2334	+	SUBTITLE 6. SHORT TITLE. 19
	2335	+
	2336	+	21–601. 20
	2337	+
	2338	+	THIS TITLE MAY BE CITED AS THE MARYLAND PUBLIC EMPLOYEE RELATIONS 21
	2339	+	ACT. 22
	2340	+
	2341	+	Article – State Personnel and Pensions 23
	2342	+
	2343	+	3–101. 24
	2344	+
	2345	+	(a) In this title the following words have the meanings indicated. 25
	2346	+
	2347	+	(b) “Board” means[: 26
	2348	+
	2349	+	(1) with regard to any matter relating to employees of any of the units of 27
	2350	+	State government described in § 3–102(a)(1)(i) through (iv) and (vi) through (xii) of this 28
	2351	+	subtitle and employees described in § 3–102(a)(2) and (3) of this subtitle, the State Labor 29
	2352	+	Relations Board; and 30
	2353	+
	2354	+	(2) with regard to any matter relating to employees of any State institution 31
	2355	+	of higher education described in § 3–102(a)(1)(v) of this subtitle, the State Higher Education 32
	2356	+	Labor Relations Board] THE PUBLIC EMPLOYEE RELATIONS BOARD. 33 52 SENATE BILL 367
	2357	+
	2358	+
	2359	+
	2360	+	(c) “Chancellor” has the meaning stated in § 12–101 of the Education Article. 1
	2361	+
	2362	+	(d) “Collective bargaining” means: 2
	2363	+
	2364	+	(1) good faith negotiations by authorized representatives of employees and 3
	2365	+	their employer with the intention of: 4
	2366	+
	2367	+	(i) 1. reaching an agreement about wages, hours, and other 5
	2368	+	terms and conditions of employment; and 6
	2369	+
	2370	+	2. incorporating the terms of the agreement in a written 7
	2371	+	memorandum of understanding or other written understanding; or 8
	2372	+
	2373	+	(ii) clarifying terms and conditions of employment; 9
	2374	+
	2375	+	(2) administration of terms and conditions of employment; or 10
	2376	+
	2377	+	(3) the voluntary adjustment of a dispute or disagreement between 11
	2378	+	authorized representatives of employees and their employer that arises under a 12
	2379	+	memorandum of understanding or other written understanding. 13
	2380	+
	2381	+	(e) “Employee organization” [means a labor or other organization in which State 14
	2382	+	employees participate and that has as one of its primary purposes representing employees] 15
	2383	+	HAS THE MEANING STAT ED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE. 16
	2384	+
	2385	+	(f) “Exclusive representative” [means an employee organization that has been 17
	2386	+	certified by the Board as an exclusive representative under Subtitle 4 of this title] HAS THE 18
	2387	+	MEANING STATED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE. 19
	2388	+
	2389	+	(g) (1) “Faculty at the Maryland School for the Deaf” means employees who 20
	2390	+	have been granted the following status by the Board of Trustees of the Maryland School for 21
	2391	+	the Deaf: 22
	2392	+
	2393	+	(i) after–school program counselors; 23
	2394	+
	2395	+	(ii) American Sign Language specialists; 24
	2396	+
	2397	+	(iii) athletic trainers; 25
	2398	+
	2399	+	(iv) behavior specialists; 26
	2400	+
	2401	+	(v) clerical aides; 27
	2402	+
	2403	+	(vi) dorm counselors; 28
	2404	+	SENATE BILL 367 53
	2405	+
	2406	+
	2407	+	(vii) employment specialists; 1
	2408	+
	2409	+	(viii) instructional technology resource specialists; 2
	2410	+
	2411	+	(ix) librarians; 3
	2412	+
	2413	+	(x) literacy and reading specialists; 4
	2414	+
	2415	+	(xi) occupational therapists; 5
	2416	+
	2417	+	(xii) orientation and mobility specialists; 6
	2418	+
	2419	+	(xiii) physical therapists; 7
	2420	+
	2421	+	(xiv) school counselors; 8
	2422	+
	2423	+	(xv) school IEP coordinators; 9
	2424	+
	2425	+	(xvi) school nurses; 10
	2426	+
	2427	+	(xvii) school social workers; 11
	2428	+
	2429	+	(xviii) speech–language pathologists; 12
	2430	+
	2431	+	(xix) student support specialists; 13
	2432	+
	2433	+	(xx) teachers; 14
	2434	+
	2435	+	(xxi) teacher aides; 15
	2436	+
	2437	+	(xxii) transition coordinators; and 16
	2438	+
	2439	+	(xxiii) work–to–learn specialists. 17
	2440	+
	2441	+	(2) “Faculty at the Maryland School for the Deaf” does not include officers 18
	2442	+	or supervisory employees at the Maryland School for the Deaf. 19
	2443	+
	2444	+	(h) “President” means: 20
	2445	+
	2446	+	(1) with regard to a constituent institution, as defined in § 12–101 of the 21
	2447	+	Education Article, the president of the constituent institution; 22
	2448	+
	2449	+	(2) with regard to a center or institute, as those terms are defined in § 23
	2450	+	12–101 of the Education Article, the president of the center or institute; 24
	2451	+
	2452	+	(3) with regard to the University System of Maryland Office, the 25
	2453	+	Chancellor of the University System of Maryland; and 26 54 SENATE BILL 367
	2454	+
	2455	+
	2456	+
	2457	+	(4) with regard to Morgan State University, St. Mary’s College of 1
	2458	+	Maryland, and Baltimore City Community College, the president of the institution. 2
	2459	+
	2460	+	(i) “System institution” means: 3
	2461	+
	2462	+	(1) a constituent institution, as defined in § 12–101 of the Education 4
	2463	+	Article; 5
	2464	+
	2465	+	(2) a center or institute, as those terms are defined in § 12–101 of the 6
	2466	+	Education Article; and 7
	2467	+
	2468	+	(3) the University System of Maryland Office. 8
	2469	+
	2470	+	3–102. 9
	2471	+
	2472	+	(C) EMPLOYEES, EMPLOYERS , AND EXCLUSIVE REPRES ENTATIVES ARE 10
	2473	+	SUBJECT TO THE PROVI SIONS OF TITLE 21 OF THE STATE GOVERNMENT ARTICLE. 11
	2474	+
	2475	+	(D) (1) SUBJECT TO TITLE 21, SUBTITLE 4 OF THE STATE GOVERNMENT 12
	2476	+	ARTICLE, A BARGAINING UNIT SHAL L CONSIST ONLY OF EM PLOYEES DEFINED IN 13
	2477	+	REGULATIONS ADOPTED BY THE SECRETARY AND NOT SPE CIFICALLY EXCLUDED B Y 14
	2478	+	SUBSECTION (B) OF THIS SECTION. 15
	2479	+
	2480	+	(2) (I) EACH SYSTEM INSTITUTI ON, MORGAN STATE UNIVERSITY, 16
	2481	+	ST. MARY’S COLLEGE OF MARYLAND, AND BALTIMORE CITY COMMUNITY COLLEGE 17
	2482	+	SHALL HAVE SEPARATE BARGAINING UNITS . 18
	2483	+
	2484	+	(II) APPROPRIATE BARGAININ G UNITS SHALL CONSIS T OF: 19
	2485	+
	2486	+	1. ALL ELIGIBLE NONEXEM PT EMPLOYEES , AS 20
	2487	+	DESCRIBED IN THE FED ERAL FAIR LABOR STANDARDS ACT, EXCEPT ELIGIBLE 21
	2488	+	SWORN POLICE O FFICERS; 22
	2489	+
	2490	+	2. ALL ELIGIBLE EXEMPT EMPLOYEES, AS DESCRIBED IN 23
	2491	+	THE FEDERAL FAIR LABOR STANDARDS ACT; AND 24
	2492	+
	2493	+	3. ALL ELIGIBLE SWORN P OLICE OFFICERS . 25
	2494	+
	2495	+	(3) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 26
	2496	+	PARAGRAPH , THE SECRETARY OR THE SECRETARY’S DESIGNEE SHALL HAVE THE 27
	2497	+	AUTHORITY TO ASSIGN CLASSIFICATION TITLE S AND POSITIONS TO B ARGAINING 28
	2498	+	UNITS AS APPROPRIATE . 29
2534	2499		SENATE BILL 367 55
2535	2500
2536	2501
2537		-	(f) “Exclusive representative” [means an employee organization that has been 1
2538		-	certified by the Board as an exclusive representative under Subtitle 4 of this title] HAS THE 2
2539		-	MEANING STATED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE. 3
2540		-
2541		-	(g) (1) “Faculty at the Maryland School for the Deaf” means employees who 4
2542		-	have been granted the following status by the Board of Trustees of the Maryland School for 5
2543		-	the Deaf: 6
2544		-
2545		-	(i) after–school program counselors; 7
2546		-
2547		-	(ii) American Sign Language specialists; 8
2548		-
2549		-	(iii) athletic trainers; 9
2550		-
2551		-	(iv) behavior specialists; 10
2552		-
2553		-	(v) clerical aides; 11
2554		-
2555		-	(vi) dorm counselors; 12
2556		-
2557		-	(vii) employment specialists; 13
2558		-
2559		-	(viii) instructional technology resource specialists; 14
2560		-
2561		-	(ix) librarians; 15
2562		-
2563		-	(x) literacy and reading specialists; 16
2564		-
2565		-	(xi) occupational therapists; 17
2566		-
2567		-	(xii) orientation and mobility specialists; 18
2568		-
2569		-	(xiii) physical therapists; 19
2570		-
2571		-	(xiv) school counselors; 20
2572		-
2573		-	(xv) school IEP coordinators; 21
2574		-
2575		-	(xvi) school nurses; 22
2576		-
2577		-	(xvii) school social workers; 23
2578		-
2579		-	(xviii) speech–language pathologists; 24
2580		-
2581		-	(xix) student support specialists; 25
2582		-
2583		-	(xx) teachers; 26 56 SENATE BILL 367
2584		-
2585		-
2586		-
2587		-	(xxi) teacher aides; 1
2588		-
2589		-	(xxii) transition coordinators; and 2
2590		-
2591		-	(xxiii) work–to–learn specialists. 3
2592		-
2593		-	(2) “Faculty at the Maryland School for the Deaf” does not include officers 4
2594		-	or supervisory employees at the Maryland School for the Deaf. 5
2595		-
2596		-	(h) “President” means: 6
2597		-
2598		-	(1) with regard to a constituent institution, as defined in § 12–101 of the 7
2599		-	Education Article, the president of the constituent institution; 8
2600		-
2601		-	(2) with regard to a center or institute, as those terms are defined in § 9
2602		-	12–101 of the Education Article, the president of the center or institute; 10
2603		-
2604		-	(3) with regard to the University System of Maryland Office, the 11
2605		-	Chancellor of the University System of Maryland; and 12
2606		-
2607		-	(4) with regard to Morgan State University, St. Mary’s College of 13
2608		-	Maryland, and Baltimore City Community College, the president of the institution. 14
2609		-
2610		-	(i) “System institution” means: 15
2611		-
2612		-	(1) a constituent institution, as defined in § 12–101 of the Education 16
2613		-	Article; 17
2614		-
2615		-	(2) a center or institute, as those terms are defined in § 12–101 of the 18
2616		-	Education Article; and 19
2617		-
2618		-	(3) the University System of Maryland Office. 20
2619		-
2620		-	3–102. 21
2621		-
2622		-	(C) EMPLOYEES, EMPLOYERS , AND EXCLUSIVE REPRES ENTATIVES 22
2623		-	SUBJECT TO THIS TIT LE ARE SUBJECT TO THE P ROVISIONS OF TITLE 21 OF THE 23
2624		-	STATE GOVERNMENT ARTICLE. 24
2625		-
2626		-	(D) (1) SUBJECT TO TITLE 21, SUBTITLE 4 OF THE STATE GOVERNMENT 25
2627		-	ARTICLE, A BARGAINING UNIT SH ALL CONSIST ONLY OF EMPLOYEES DEFINED IN 26
2628		-	REGULATIONS ADOPTED BY THE SECRETARY AND N OT SPECIFICALLY EXCL UDED BY 27
2629		-	SUBSECTION (B) OF THIS SECTION. 28
	2502	+	(II) THE FOLLOWING INDIVID UALS AND ENTITIES SH ALL 1
	2503	+	ASSIGN CLASSIFICATIO N TITLES AND POSITIO NS TO BARGAINING UNI TS AT THE 2
	2504	+	FOLLOWING INSTIT UTIONS: 3
	2505	+
	2506	+	1. AT A SYSTEM INSTITUT ION, THE PRESIDENT OF THE 4
	2507	+	SYSTEM INSTITUTION ; AND 5
	2508	+
	2509	+	2. AT MORGAN STATE UNIVERSITY, ST. MARY’S 6
	2510	+	COLLEGE OF MARYLAND, OR BALTIMORE CITY COMMUNITY COLLEGE, THE 7
	2511	+	GOVERNING BOARD OF T HE INSTITUTION. 8
	2512	+
	2513	+	(4) NOTWITHSTANDING AN Y OTHER PROVISION OF LAW: 9
	2514	+
	2515	+	(I) MARYLAND TRANSPORTATION AUTHORITY POLICE 10
	2516	+	OFFICERS AT THE RANK OF FIRST SERGEANT AN D BELOW SHALL HAVE A SEPARATE 11
	2517	+	BARGAINING UNIT ; AND 12
	2518	+
	2519	+	(II) FACULTY AT THE MARYLAND SCHOOL FOR THE DEAF 13
	2520	+	SHALL HAVE A SEPARAT E BARGAINING UNIT. 14
	2521	+
	2522	+	3–501. 15
	2523	+
	2524	+	(e) (1) [Negotiations] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 16
	2525	+	SUBSECTION, NEGOTIATIONS for a memorandum of understanding shall be considered 17
	2526	+	closed sessions under § 3–305 of the General Provisions Article. 18
	2527	+
	2528	+	(2) AN EXCLUSIVE REPRESEN TATIVE MAY NOT BE CO NSIDERED A 19
	2529	+	PUBLIC BODY UNDER § 3–101 OF THE GENERAL PROVISIONS ARTICLE. 20
	2530	+
	2531	+	3–502. 21
	2532	+
	2533	+	(a) Collective bargaining shall include all matters relating to: 22
	2534	+
	2535	+	(1) wages, hours, and other terms and conditions of employment; and 23
	2536	+
	2537	+	(2) the time and manner of access to a new employee program [as required 24
	2538	+	under § 3–307 of this title] IN ACCORDANCE WITH § 21–207 OF THE STATE 25
	2539	+	GOVERNMENT ARTICLE. 26
	2540	+
	2541	+	(b) [(1) Collective bargaining may include negotiations relating to the right of 27
	2542	+	an employee organization to receive service fees from nonmembers. 28
	2543	+
	2544	+	(2) An employee whose religious beliefs are opposed to joining or financially 29
	2545	+	supporting any collective bargaining organization is: 30
	2546	+	56 SENATE BILL 367
	2547	+
	2548	+
	2549	+	(i) not required to pay a service fee; and 1
	2550	+
	2551	+	(ii) required to pay an amount of money as determined in collective 2
	2552	+	bargaining negotiations, not to exceed any service fee negotiated under paragraph (1) of 3
	2553	+	this subsection, to any charitable organization exempt from taxation under § 501(c)(3) of 4
	2554	+	the Internal Revenue Code and to furnish written proof of the payment to: 5
	2555	+
	2556	+	1. A. the Department; 6
	2557	+
	2558	+	B. in the case of an employee of the Maryland Environmental 7
	2559	+	Service, the Board of Directors of the Service; or 8
	2560	+
	2561	+	C. in the case of an employee of an institution of higher 9
	2562	+	education specified in § 3–102(a)(1)(v) of this title, the President of the institution or the 10
	2563	+	President’s designee; and 11
	2564	+
	2565	+	2. the exclusive representative. 12
	2566	+
	2567	+	(c)] Notwithstanding subsection (a) of this section, the representatives of the 13
	2568	+	State, the Maryland Environmental Service, a system institution, Morgan State 14
	2569	+	University, St. Mary’s College of Maryland, and Baltimore City Community College: 15
	2570	+
	2571	+	(1) [shall] MAY not be required to negotiate over any matter that is 16
	2572	+	inconsistent with applicable law; and 17
	2573	+
	2574	+	(2) may negotiate and reach agreement with regard to any such matter 18
	2575	+	only if it is understood that the agreement with respect to such matter cannot become 19
	2576	+	effective unless the applicable law is amended by the General Assembly. 20
	2577	+
	2578	+	SECTION 5. AND BE IT FURTHER ENACTED, That the terms of the members of 21
	2579	+	the Public Employee Relations Board shall expire as follows: 22
	2580	+
	2581	+	(1) one member appointed under § 21–302(a)(2) of the State Government 23
	2582	+	Article, as enacted by Section 3 of this Act, and one member appointed under § 21–302(a)(3) 24
	2583	+	of the State Government Article, as enacted by Section 3 of this Act, on June 30, 2025; 25
	2584	+
	2585	+	(2) one member appointed under § 21–302(a)(2) of the State Government 26
	2586	+	Article, as enacted by Section 3 of this Act, and one member appointed under § 21–302(a)(3) 27
	2587	+	of the State Government Article, as enacted by Section 3 of this Act, on June 30, 2029; and 28
	2588	+
	2589	+	(3) the chair appointed under § 21–302(a)(1) of the State Government 29
	2590	+	Article, as enacted by Section 4 of this Act, on June 30, 2027. 30
	2591	+
	2592	+	SECTION 6. AND BE IT FURTHER ENACTED, That : 31
2630	2593		SENATE BILL 367 57
2631	2594
2632	2595
2633		-	(2) (I) EACH SYSTEM INSTITUTI ON, MORGAN STATE UNIVERSITY, 1
2634		-	ST. MARY’S COLLEGE OF MARYLAND, AND BALTIMORE CITY COMMUNITY COLLEGE 2
2635		-	SHALL HAVE SEPARATE BARGAINING UNITS . 3
2636		-
2637		-	(II) APPROPRIATE BARGAIN ING UNITS SHALL CONS IST OF: 4
2638		-
2639		-	1. ALL ELIGIBLE NONEXEM PT EMPLOYEES , AS 5
2640		-	DESCRIBED IN THE FED ERAL FAIR LABOR STANDARDS ACT, EXCEPT ELIGIBLE 6
2641		-	SWORN POLICE OFFICER S; 7
2642		-
2643		-	2. ALL ELIGIBLE EXEMPT EMPLOYEES, AS DESCRIBED IN 8
2644		-	THE FEDERAL FAIR LABOR STANDARDS ACT; AND 9
2645		-
2646		-	3. ALL ELIGIBLE SWORN P OLICE OFFICERS . 10
2647		-
2648		-	(3) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 11
2649		-	PARAGRAPH , THE SECRETARY OR THE SECRETARY’S DESIGNEE SHALL HAV E THE 12
2650		-	AUTHORITY TO ASSIGN CLASSIFICATION TITLE S AND POSITIONS TO B ARGAINING 13
2651		-	UNITS AS APPROPRIATE . 14
2652		-
2653		-	(II) THE FOLLOWING INDIVID UALS AND ENTITIES SH ALL 15
2654		-	ASSIGN CLASSIFICATIO N TITLES AND POSITIO NS TO BARGAINING UNI TS AT THE 16
2655		-	FOLLOWING INSTITUTIO NS: 17
2656		-
2657		-	1. AT A SYSTEM INSTITUT ION, THE PRESIDENT OF THE 18
2658		-	SYSTEM INSTITUTION ; AND 19
2659		-
2660		-	2. AT MORGAN STATE UNIVERSITY, ST. MARY’S 20
2661		-	COLLEGE OF MARYLAND, OR BALTIMORE CITY COMMUNITY COLLEGE, THE 21
2662		-	GOVERNING BOARD OF T HE INSTITUTION. 22
2663		-
2664		-	(4) NOTWITHSTANDING ANY O THER PROVISION OF LA W: 23
2665		-
2666		-	(I) MARYLAND TRANSPORTATION AUTHORITY POLICE 24
2667		-	OFFICERS AT THE RANK OF FIRST SERGEANT AND BELOW SHALL HAVE A SEPARAT E 25
2668		-	BARGAINING UNIT ; AND 26
2669		-
2670		-	(II) FACULTY AT THE MARYLAND SCHOOL FOR THE DEAF 27
2671		-	SHALL HAVE A SEPARAT E BARGAINING UNIT . 28
2672		-
2673		-	3–501. 29
2674		-	58 SENATE BILL 367
2675		-
2676		-
2677		-	(e) (1) [Negotiations] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 1
2678		-	SUBSECTION, NEGOTIATION S for a memorandum of understanding shall be considered 2
2679		-	closed sessions under § 3–305 of the General Provisions Article. 3
2680		-
2681		-	(2) AN EXCLUSIVE REPRESEN TATIVE MAY NOT BE CO NSIDERED A 4
2682		-	PUBLIC BODY UNDER § 3–101 OF THE GENERAL PROVISIONS ARTICLE. 5
2683		-
2684		-	3–502. 6
2685		-
2686		-	(a) Collective bargaining shall include all matters relating to: 7
2687		-
2688		-	(1) wages, hours, and other terms and conditions of employment; and 8
2689		-
2690		-	(2) the time and manner of access to a new employee program [as required 9
2691		-	under § 3–307 of this title] IN ACCORDANCE WITH § 21–207 OF THE STATE 10
2692		-	GOVERNMENT ARTICLE. 11
2693		-
2694		-	(b) [(1) Collective bargaining may include negotiations relating to the right of 12
2695		-	an employee organization to receive service fees from nonmembers. 13
2696		-
2697		-	(2) An employee whose religious beliefs are opposed to joining or financially 14
2698		-	supporting any collective bargaining organization is: 15
2699		-
2700		-	(i) not required to pay a service fee; and 16
2701		-
2702		-	(ii) required to pay an amount of money as determined in collective 17
2703		-	bargaining negotiations, not to exceed any service fee negotiated under paragraph (1) of 18
2704		-	this subsection, to any charitable organization exempt from taxation under § 501(c)(3) of 19
2705		-	the Internal Revenue Code and to furnish written proof of the payment to: 20
2706		-
2707		-	1. A. the Department; 21
2708		-
2709		-	B. in the case of an employee of the Maryland Environmental 22
2710		-	Service, the Board of Directors of the Service; or 23
2711		-
2712		-	C. in the case of an employee of an institution of higher 24
2713		-	education specified in § 3–102(a)(1)(v) of this title, the President of the institution or the 25
2714		-	President’s designee; and 26
2715		-
2716		-	2. the exclusive representative. 27
2717		-
2718		-	(c)] Notwithstanding subsection (a) of this section, the representatives of the 28
2719		-	State, the Maryland Environmental Service, a system institution, Morgan State 29
2720		-	University, St. Mary’s College of Maryland, and Baltimore City Community College: 30
2721		-	SENATE BILL 367 59
2722		-
2723		-
2724		-	(1) [shall] MAY not be required to negotiate over any matter that is 1
2725		-	inconsistent with applicable law; and 2
2726		-
2727		-	(2) may negotiate and reach agreement with regard to any such matter 3
2728		-	only if it is understood that the agreement with respect to such matter cannot become 4
2729		-	effective unless the applicable law is amended by the General Assembly. 5
2730		-
2731		-	SECTION 5. AND BE IT FURTHER ENACTED, That the terms of the members of 6
2732		-	the Public Employee Relations Board shall expire as follows: 7
2733		-
2734		-	(1) one member appointed under § 21–302(a)(2) of the State Government 8
2735		-	Article, as enacted by Section 3 of this Act, and one member appointed under § 21–302(a)(3) 9
2736		-	of the State Government Article, as enacted by Section 3 of this Act, on June 30, 2025; 10
2737		-
2738		-	(2) one member appointed under § 21–302(a)(2) of the State Government 11
2739		-	Article, as enacted by Section 3 of this Act, and one member appointed under § 21–302(a)(3) 12
2740		-	of the State Government Article, as enacted by Section 3 of this Act, on June 30, 2029; and 13
2741		-
2742		-	(3) the chair appointed under § 21–302(a)(1) of the State Government 14
2743		-	Article, as enacted by Section 4 of this Act, on June 30, 2027. 15
2744		-
2745		-	SECTION 6. AND BE IT FURTHER ENACTED, That: 16
2746		-
2747		-	(a) The Public Employee Relations Board shall be the successor to the State Labor 17
2748		-	Relations Board, State Higher Education Labor Relations Board, and Public School Labor 18
2749		-	Relations Board, and shall have all powers and duties granted by law to those boards. 19
2750		-
2751		-	(b) Any investigation, litigation, or other action pending before the State Labor 20
2752		-	Relations Board, State Higher Education Labor Relations Board, and Public School Labor 21
2753		-	Relations Board on June 30, 2023 shall continue before the Public Employee Relations 22
2754		-	Board. 23
2755		-
2756		-	SECTION 7. AND BE IT FURTHER ENACTED, That, if any provi sion of this Act or 24
2757		-	the application thereof to any person or circumstance is held invalid for any reason in a 25
2758		-	court of competent jurisdiction, the invalidity does not affect other provisions or any other 26
2759		-	application of this Act that can be given effect without the invalid provision or application, 27
2760		-	and for this purpose the provisions of this Act are declared severable. 28
2761		-
2762		-	SECTION 8. AND BE IT FURTHER ENACTED, That this Act shall take effect July 29
2763		-	1, 2023. 30
2764		-
	2596	+	(a) The Public Employee Relations Board shall be the successor to the State Labor 1
	2597	+	Relations Board, State Higher Education Labor Relations Board, and Public School Labor 2
	2598	+	Relations Board, and shall have all powers and duties granted by law to those boards. 3
	2599	+
	2600	+	(b) Any investigation, litigation, or other action pending before the State Labor 4
	2601	+	Relations Board, State Higher Education Labor Relations Board, and Public School Labor 5
	2602	+	Relations Board on June 30, 2023 shall continue before the Public Employee Relations 6
	2603	+	Board. 7
	2604	+
	2605	+	SECTION 7. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 8
	2606	+	the application thereof to any person or circumstance is held invalid for any reason in a 9
	2607	+	court of competent jurisdiction, the invalidity does not affect other provisions or any other 10
	2608	+	application of this Act that can be given effect without the invalid provision or application, 11
	2609	+	and for this purpose the provisions of this Act are declared severable. 12
	2610	+
	2611	+	SECTION 8. AND BE IT FURTHER ENACTED, That this Act shall take effect July 13
	2612	+	1, 2023. 14