EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0367*
SENATE BILL 367
P4, F5 3lr0846
CF HB 984
By: Senator Lam
Introduced and read first time: January 31, 2023
Assigned to: Finance and Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 26, 2023
CHAPTER ______
AN ACT concerning 1
Public Employee Relations Act 2
FOR the purpose of consolidating and altering certain laws governing collective bargaining 3
for certain public employees, including laws related to the establishment of 4
bargaining units, elections and certification of exclusive representatives, employee 5
and employer rights, unfair labor practices, and strikes and lockouts; establishing 6
the Public Employee Relations Board to oversee collective bargaining activities for 7
certain public employees; repealing the State Labor Relations Board, the State 8
Higher Education Labor Relations Board, and the Public School Labor Relations 9
Board; authorizing binding arbitration during collective bargaining negotiations 10
between public school employers and public employee exclusive representatives; 11
establishing that certain grievance procedures for State employees serve as a certain 12
procedure for certain disputes between certain parties; requiring the Office of 13
Administrative Hearings to resolve certain disputes regarding a certain 14
memorandum of understanding or written agreement under certain circumstances; 15
and generally relating to collective bargaining for public employees. 16
BY repealing 17
Article – Education 18
Section 6–403, 6–406, 6–407, 6–407.2, 6–409 through 6–411, 6–504, 6–506, 6–507, 19
6–509, 6–509.2, and 6–512 through 6–514; 6–801 through 6–807 and the 20
subtitle “Subtitle 8. Public School Labor Relations Board”; and 16–704 21
through 16–706, 16–710, 16–712, 16–714, and 16–715 22
Annotated Code of Maryland 23
(2022 Replacement Volume) 24 2 SENATE BILL 367
BY repealing 1
Article – State Personnel and Pensions 2
Section 3–201 through 3–209 and the subtitle “Subtitle 2. State Labor Relations 3
Board”; 3–2A–01 through 3–2A–09 and the subtitle “Subtitle 2A. State Higher 4
Education Labor Relations Board”; 3–301 through 3–307 and the subtitle 5
“Subtitle 3. Rights of Employees and Employers; Strikes, Lockouts, and 6
Unfair Labor Practices Prohibited”; and 3–401 through 3–407 and the subtitle 7
“Subtitle 4. Election and Certification of Exclusive Representative” 8
Annotated Code of Maryland 9
(2015 Replacement Volume and 2022 Supplement) 10
BY renumbering 11
Article – Education 12
Section 6–404, 6–405, 6–407.1, 6–408, 6–408.1, 6–505, 6–508, 6–509.1, 6–510, 13
16–707, 16–708, 16–709, 16–711, and 16–713 14
to be Section 6–403, 6–404, 6–405, 6–406, 6–407, 6–504, 6–505, 6–506, 6–507, 15
16–704, 16–705, 16–706, 16–707, and 16–708, respectively 16
Annotated Code of Maryland 17
(2022 Replacement Volume) 18
BY repealing and reenacting, with amendments, 19
Article – Education 20
Section 2–205(e)(4), 6–401, 6–402, 6–501, 6–503, 9.5–703(c)(2) and (3), 16–701, 21
16–702, and 16–703 22
Annotated Code of Maryland 23
(2022 Replacement Volume) 24
BY repealing and reenacting, with amendments, 25
Article – Education 26
Section 6–403, 6–404, 6–406(c)(3) and (e), 6–405, 6–504, 6–505, 6–506, 6–507(c)(3) 27
and (e), and 16–708 28
Annotated Code of Maryland 29
(2022 Replacement Volume) 30
(As enacted by Section 3 of this Act) 31
BY repealing and reenacting, with amendments, 32
Article – Health – General 33
Section 15–903(c)(2) and (3) 34
Annotated Code of Maryland 35
(2019 Replacement Volume and 2022 Supplement) 36
BY adding to 37
Article – State Government 38
Section 21–101 through 21–601 to be under the new title “Title 21. Public Employee 39
Relations” 40
Annotated Code of Maryland 41 SENATE BILL 367 3
(2021 Replacement Volume and 2022 Supplement) 1
BY repealing and reenacting, with amendments, 2
Article – State Personnel and Pensions 3
Section 3–101, 3–501(e), and 3–502 4
Annotated Code of Maryland 5
(2015 Replacement Volume and 2022 Supplement) 6
BY adding to 7
Article – State Personnel and Pensions 8
Section 3–102(c) and (d) 9
Annotated Code of Maryland 10
(2015 Replacement Volume and 2022 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That Section(s) 6–403, 6–406, 6–407, 6–407.2, 6–409 through 6–411, 6–504, 6–506, 6–507, 13
6–509, 6–509.2, 6–512 through 6–514; 6–801 through 6–807 and the subtitle “Subtitle 8. 14
Public School Labor Relations Board”; and 16–704 through 16–706, 16–710, 16–712, 15
16–714, and 16–715 of Article – Education of the Annotated Code of Maryland be repealed. 16
SECTION 2. AND BE IT FURTHER ENACTE D, That Section(s) 3–201 through 17
3–209 and the subtitle “Subtitle 2. State Labor Relations Board”; 3–2A–01 through 18
3–2A–09 and the subtitle “Subtitle 2A. State Higher Education Labor Relations Board”; 19
3–301 through 3–307 and the subtitle “Subtitle 3. Rights of Employees and Employers; 20
Strikes, Lockouts, and Unfair Labor Practices Prohibited”; and 3–401 through 3–407 and 21
the subtitle “Subtitle 4. Election and Certification of Exclusive Representative” of Article – 22
State Personnel and Pensions of the Annotated Code of Maryland be repealed. 23
SECTION 3. AND BE IT FURTHER ENACTED, That Section(s) 6 –404, 6–405, 24
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
and 16–713 of Article – Education of the Annotated Code of Maryland be renumbered to be 26
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
16–706, 16–707, and 16–708, respectively. 28
SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 29
as follows: 30
Article – Education 31
2–205. 32
(e) (4) (i) The Public [School Labor] EMPLOYEE Relations Board shall 33
decide any controversy or dispute arising under Title 6, Subtitle 4 or Subtitle 5 of this 34
article. 35
(ii) A decision of the Public [School Labor] EMPLOYEE Relations 36
Board is final. 37 4 SENATE BILL 367
6–401. 1
(a) In this subtitle the following words have the meanings indicated. 2
(b) “Board” means the Public [School Labor] EMPLOYEE Relations Board 3
[established under Subtitle 8 of this title]. 4
(b–1) “Day” means a calendar day unless otherwise indicated. 5
(c) “Employee organization” [means an organization that: 6
(1) Includes certificated employees of a public school employer or 7
individuals of equivalent status in Baltimore City; and 8
(2) Has as one of its main purposes the representation of the employees in 9
their relations with that public school employer] HAS THE MEANING STAT ED IN § 21–101 10
OF THE STATE GOVERNMENT ARTICLE. 11
(d) (1) “Home and hospital teacher” means a teacher employed by a public 12
school employer to provide instructional services to a public school student who is unable 13
to function effectively in the classroom setting due to the student’s medical, physical, or 14
emotional condition. 15
(2) A home and hospital teacher may teach in: 16
(i) A private home; 17
(ii) A hospital; 18
(iii) A therapeutic center; 19
(iv) A school; or 20
(v) Any other appropriate site. 21
(d–1) “New employee processing” means the process for a newly hired public school 22
employee, whether in person, online, or through other means, in which new employees are 23
advised of their employment status, rights, benefits, duties, responsibilities, and other 24
employment–related matters. 25
(e) (1) “Public school employee” means a certificated professional individual 26
who is employed by a public school employer or an individual of equivalent status in 27
Baltimore City, except for a county superintendent or an individual designated by the 28
public school employer to act in a negotiating capacity as provided in § 6–408(c) of this 29
subtitle. 30
SENATE BILL 367 5
(2) In Montgomery County, “public school employees” include: 1
(i) Certificated and noncertificated substitute teachers employed by 2
the public school employer for at least 7 days before March 1 of the school fiscal year ending 3
June 30, 1978, and each year after; and 4
(ii) Home and hospital teachers employed by the public school 5
employer for at least 7 days before March 1 of the school fiscal year ending June 30, 2000, 6
and each year after. 7
(3) In Baltimore County, “public school employee” includes a secondary 8
school nurse, an elementary school nurse, and a special school nurse. 9
(4) In Frederick County, “public school employee” includes a social worker 10
employed by a public school employer. 11
(5) In Prince George’s County, “public school employee” includes home and 12
hospital teachers and Junior Reserve Officer Training Corps (JROTC) instructors. 13
(6) In Baltimore County, Calvert County, Charles County, and Garrett 14
County, “public school employee” includes Junior Reserve Officer Training Corps (JROTC) 15
instructors. 16
(7) In Carroll County, “public school employee” includes: 17
(i) A registered nurse; 18
(ii) Supervisory noncertificated employees as defined under § 19
6–501(i) of this title; and 20
(iii) Junior Reserve Officer Training Corps (JROTC) instructors. 21
(f) “Public school employer” means a county board of education or the Baltimore 22
City Board of School Commissioners. 23
6–402. 24
(a) Public school employees may form, join, and participate in the activities of 25
employee organizations of their own choice for the purpose of being represented on all 26
matters that relate to salaries, wages, hours, and other working conditions. 27
[(b) An employee organization may establish reasonable: 28
(1) Restrictions as to who may join; and 29
(2) Provisions for the dismissal of individuals from membership.] 30
6 SENATE BILL 367
(B) PUBLIC SCHOOL EMPLOYE ES, PUBLIC SCHOOL EMPLOY ERS, AND 1
EXCLUSIVE REPRESENTA TIVES ARE SUBJECT TO THE PROVISIONS OF TITLE 21 OF 2
THE STATE GOVERNMENT ARTICLE. 3
6–403. 4
(a) [Each public school employer shall designate, as provided in this subtitle, 5
which employee organization, if any, shall be the exclusive representative of all public 6
school employees in a specified unit in the county. 7
(b) (1) Except as provided in paragraph (2) of this subsection, the public school 8
employer shall determine the composition of the unit in negotiation with any employee 9
organization that requests negotiation concerning the composition of the unit. 10
(2)] In St. Mary’s County, licensed registered school nurses, Junior Reserve 11
Officers’ Training Corps (JROTC) teachers, and supervisory noncertificated employees of 12
the public school employer shall be included in the unit. 13
[(c)] (B) (1) There may not be more than two units in a county. 14
(2) In Baltimore County, one of the units shall consist of employees who 15
are administrative and supervisory certificated employees. The second unit shall consist of 16
all other public school employees as defined under § 6–401(e)(1) and (3) of this subtitle. 17
[(d)] (C) All eligible public school employees shall: 18
(1) Be included in one of these units; and 19
(2) Have the rights granted in this subtitle AND TITLE 21 OF THE STATE 20
GOVERNMENT ARTICLE. 21
6–404. 22
(a) [The designation of an employee organization as an exclusive representative 23
shall be made as provided in this section. 24
(b) If an employee organization certifies to the public school employer that it has 25
a membership enrollment of at least 30 percent of the total number of public school 26
employees in a specified unit in a county as of June 1 of the year in which certification is 27
made, this certification is a request for recognition as exclusive representative of all public 28
school employees in the specified unit in the county. 29
(c) If another employee organization certifies that it has a membership 30
enrollment of at least 10 percent of the total number of public school employees in the unit 31
as of the same June 1, an election shall be held in which the public school employees in the 32
unit shall be offered the opportunity to choose: 33 SENATE BILL 367 7
(1) One of the employee organizations as the exclusive representative of all 1
public school employees in the unit; or 2
(2) Not to have exclusive representation. 3
(d) If no other employee organization certifies that it has a membership 4
enrollment of at least 10 percent of the total number of public school employees in the unit, 5
on the request of the employee organization under subsection (b) of this section, an election 6
shall be held and the ballot shall offer a choice between: 7
(1) Exclusive representation by the organization; and 8
(2) Not to have exclusive representation. 9
(e) The public school employer shall designate the employee organization 10
described in subsection (b) of this section as the exclusive representative of all public school 11
employees in the specified unit in a county if: 12
(1) No other employee organization certifies that it has a membership 13
enrollment of at least 10 percent of the total number of public school employees in the unit; 14
(2) The employee organization does not request an election under 15
subsection (d) of this section; and 16
(3) The employee organization certifies that it has a membership 17
enrollment of the majority of the public school employees in the unit in the county. 18
(f) (1) The Board shall adopt rules and regulations for: 19
(i) Verifying the number of certificated employees of the public 20
school employer or individuals of equivalent status in Baltimore City who are members in 21
good standing of an employee organization on the date of the certification or who have 22
signed a petition under this section; and 23
(ii) Holding elections under this section and the certification of their 24
results. 25
(2) The Board shall provide for supervision of these elections. 26
(3) The elections] AN ELECTION HELD UNDE R TITLE 21, SUBTITLE 4 27
OF THE STATE GOVERNMENT ARTICLE shall be held: 28
[(i)] (1) In each school facility where public employees are 29
assigned on a regularly scheduled school day; 30
[(ii)] (2) In a manner assuring the secrecy of the ballot; and 31 8 SENATE BILL 367
[(iii)] (3) On a regular working day for public school employees, 1
between June 1 and June 15, inclusive, except in Baltimore City where the elections shall 2
be held between November 1 and November 15 following the date on which certification of 3
required membership enrollment is made. 4
[(4) In any election held under this section, the employee organization that 5
receives the largest number of votes cast in a unit shall be declared to be the exclusive 6
representative of all public school employees in the unit. If the largest number of votes in 7
the election is cast not to have exclusive representation, a representative may not be 8
designated for the unit. 9
(5)] (B) The public school employer shall provide any assistance required 10
in holding the elections. 11
6–405. 12
(a) (1) (i) Each public school employer shall provide the exclusive 13
representative access to new employee processing. 14
(ii) Except as provided in subparagraph (iii) of this paragraph, the 15
public school employer shall provide the exclusive representative at least 10 days’ notice in 16
advance of a new employee processing. 17
(iii) The public school employer may provide the exclusive 18
representative with less than 10 days’ notice if there is an urgent need critical to the public 19
school employer’s new employee processing that was not reasonably foreseeable. 20
(2) (i) The structure, time, and manner of the access required in 21
paragraph (1) of this subsection shall be determined through negotiations between the 22
public school employer and the exclusive representative in accordance with [§ 6–408] § 23
6–406 of this subtitle. 24
(ii) When negotiating access to new employee processing under 25
subparagraph (i) of this paragraph, if any dispute has not been resolved within 45 days 26
after the first meeting of the public school employer and the exclusive representative, or 27
within 60 days after an initial request to negotiate, whichever occurs first, either party may 28
request that the Board declare an impasse under [§ 6–408(e)] § 6–406(E) of this subtitle. 29
(iii) In an impasse proceeding under [§ 6–408(e)] § 6–406(E) of this 30
subtitle, the mediator or Board shall consider: 31
1. The ability of the exclusive representative to communicate 32
with the public school employees it represents; 33
SENATE BILL 367 9
2. The legal obligations of the exclusive representative to the 1
public school employees; 2
3. Applicable State, federal, and local laws; 3
4. Any stipulations of the parties; 4
5. The interests and welfare of the public school employees 5
and the financial condition of the public school employer; 6
6. The structure, time, and manner of access of an exclusive 7
representative to new employee processing in comparable public school employers, 8
including the access provisions in other memoranda of understanding or collective 9
bargaining agreements; and 10
7. Any other facts routinely considered in establishing the 11
structure, time, and manner of access of an exclusive representative to new employee 12
processing. 13
(3) (i) A request to negotiate under paragraph (2) of this subsection 14
made between July 1, 2018, and the expiration date of an existing collective bargaining 15
agreement between the parties shall reopen the existing collective bargaining agreement 16
only for the purpose of negotiating the access of the exclusive representative to the public 17
school employer’s new employee processing. 18
(ii) Either party may elect to negotiate a separate agreement on the 19
access of the exclusive representative to the public school employer’s new employee 20
processing in lieu of reopening the existing collective bargaining agreement. 21
(b) This section does not prohibit a public school employer and an exclusive 22
representative from negotiating access to new employee processing that varies from the 23
requirements of this section. 24
(c) Nothing in this section shall abrogate existing collective bargaining 25
agreements between public school employers and exclusive representatives. 26
6–406. 27
(c) (3) A public school employer may not negotiate [the school calendar, the 28
maximum number of students assigned to a class, or] any matter that is precluded by 29
applicable statutory law. 30
(e) (1) If, on the request of either party, the Board determines from the facts 31
that an impasse is reached in negotiations between a public school employer and an 32
employee organization that is designated as an exclusive negotiating agent, the Board shall 33
within 10 calendar days: 34
10 SENATE BILL 367
(i) Request last and best offers from the public school employer and 1
the employee organization, which may not include items or topics not previously raised in 2
the bargaining process; and 3
(ii) Order the public school employer and the employee organization 4
to commence mediation within 14 days after the Board’s determination that an impasse 5
has been reached. 6
(2) The last and best offers shall list separately every term or condition of 7
employment in dispute and the demand of the party making the last and best offer. 8
(3) Within 5 calendar days after an order to mediate, the parties shall 9
select [a mediator] AN ARBITRATOR by: 10
(i) Agreement; or 11
(ii) Alternate striking from a list of seven neutral parties furnished 12
by: 13
1. The Federal Mediation and Conciliation Service; or 14
2. The American Arbitration Association. 15
(4) The [mediator] ARBITRATOR shall conclude the mediation within 25 16
days after convening the first mediation session. 17
(5) If the public school employer and the employee organization do not 18
reach agreement before concluding the mediation, the [mediator] ARBITRATOR shall issue 19
a [written offer to both parties and the Board of settlement of all matters raised] FINAL 20
WRITTEN AWARD THAT SHALL BE BINDING ON BOTH PART IES. 21
(6) [Within 5 days after receiving the proposed settlement, the public 22
school employer and the employee organization each shall notify the mediator of its intent 23
to: 24
(i) Accept the written proposed settlement; 25
(ii) Accept the written proposed settlement in part, as mutually 26
agreed on by the public school employer and the employee organization; or 27
(iii) Decline the proposed settlement and request arbitration before 28
the Board. 29
(7) The public school employer and the employee organization shall share 30
the costs of the mediator equally. 31
SENATE BILL 367 11
(8) If either party declines the proposed settlement and requests 1
arbitration, the Board shall, within 5 calendar days, set a date for an arbitration hearing 2
before the Board. 3
(9) The Board shall: 4
(i) Open the arbitration record within 20 days after receiving either 5
party’s decision to decline the mediator’s proposal; 6
(ii) Convene a hearing; 7
(iii) Hear testimony from and receive supporting written evidence, as 8
provided in an order of the Board, from the public school employer, the employee 9
organization, and the mediator; 10
(iv) Administer oaths to witnesses deemed relevant and called by the 11
Board; 12
(v) Issue subpoenas to compel the production of relevant and 13
nonprivileged documents and other tangible evidence that would also be subject to 14
production before a hearing or at a hearing under Title 4 of the General Provisions Article; 15
and 16
(vi) Receive, hear, and consider all evidence considered relevant by 17
the Board, whether or not offered through an attorney, including: 18
1. The wages, hours, working conditions, or other terms and 19
conditions of employment of similar public employees in comparable surrounding 20
jurisdictions and comparable jurisdictions outside the State; and 21
2. The ability of the public school employer and the county 22
served by the public school employer to pay, considering their existing resources, the costs 23
of the final offers proposed and other personnel costs. 24
(10) The Board shall conclude the hearing by issuing a written order within 25
20 days after the arbitration record is opened. 26
(11) The Board shall issue the written award that selects and adopts: 27
(i) The complete final offer of the public school employer; 28
(ii) The complete final offer of the employee organization; or 29
(iii) The mediator’s complete offer of settlement. 30
(12) The Board’s written award is final and binding on the public school 31
employer and the employee organization. 32 12 SENATE BILL 367
(13)] The public school employer and the employee organization shall share 1
the costs of the [hearing] MEDIATION equally. 2
[(14)] (7) Any negotiated provision or [decision of the Board] AWARD is 3
subject to the other provisions of this article concerning the fiscal relationship between the 4
public school employer and the county commissioners, county council, and Mayor and City 5
Council of Baltimore City. 6
6–501. 7
(a) In this subtitle the following words have the meanings indicated. 8
(b) “Board” means the Public [School Labor] EMPLOYEE Relations Board 9
[established under Subtitle 8 of this title]. 10
(c) “Confidential employee” includes an individual whose employment 11
responsibilities require knowledge of the public school employer’s posture in the collective 12
negotiation process, as determined by the public school employer in negotiations with an 13
employee organization that requests negotiation on this issue. 14
(c–1) “Day” means a calendar day unless otherwise indicated. 15
(d) “Employee organization” [means an organization that: 16
(1) Includes noncertificated employees of a public school employer; and 17
(2) Has as one of its main purposes the representation of the employees in 18
their relations with that public school employer] HAS THE MEANING STAT ED IN § 21–101 19
OF THE STATE GOVERNMENT ARTICLE. 20
(e) [“Management personnel”] “MANAGERIAL EMPLOYEE ” includes an 21
individual who is engaged mainly in executive and managerial functions. 22
(e–1) “New employee processing” means the process for a newly hired public school 23
employee, whether in person, online, or through other means, in which new employees are 24
advised of their employment status, rights, benefits, duties, responsibilities, and other 25
employment–related matters. 26
(f) “Noncertificated employee”, in Montgomery County, means only a full–time 27
employee. 28
(g) (1) “Public school employee” means a noncertificated individual who is 29
employed for at least 9 months a year on a full–time basis by a public school employer. 30
SENATE BILL 367 13
(2) “Public school employee” includes a noncertificated employee in 1
Baltimore City notwithstanding that the noncertificated employee does not work for at 2
least 9 months a year on a full–time basis. 3
(3) “Public school employee” does not include: 4
(i) [Management personnel] A MANAGERIAL EMPLOYEE ; OR 5
(ii) A confidential employee[; or 6
(iii) Any individual designated by the public school employer to act in 7
a negotiating capacity as provided in § 6–510(c) of this subtitle]. 8
(h) (1) “Public school employer” means the county board in each county. 9
(2) “Public school employer” includes the Baltimore City Board of School 10
Commissioners. 11
(i) “Supervisory employee” includes any individual who responsibly directs the 12
work of other employees. 13
6–503. 14
(a) Public school employees may form, join, and participate in the activities of 15
employee organizations of their own choice for the purpose of being represented on all 16
matters that relate to salaries, wages, hours, and other working conditions. 17
[(b) An employee organization may establish reasonable restrictions as to who 18
may join and reasonable provisions for the dismissal of individuals from membership, 19
except that these restrictions and provisions may not discriminate with regard to the terms 20
or conditions of membership because of race, color, marital status, creed, sex, age, or 21
national origin.] 22
(B) PUBLIC SCHOOL EMPLOYE ES, PUBLIC SCHOOL EMPLOY ERS, AND 23
EXCLUSIVE REPRESENTA TIVES ARE SUBJECT TO THE PROVISIONS OF TITLE 21 OF 24
THE STATE GOVERNMENT ARTICLE. 25
6–504. 26
(a) [(1) Each public school employer may designate, as provided in this subtitle, 27
which employee organization, if any, shall be the exclusive representative of all public 28
school employees in a specified unit in the county. 29
(2) In Baltimore City, Garrett County, and Frederick County, the public 30
school employer shall designate, as provided in this subtitle, which employee organization, 31 14 SENATE BILL 367
if any, shall be the exclusive representative of all public school employees in a specified unit 1
in the county. 2
(b) The public school employer shall determine the composition of the unit in 3
negotiation with any employee organization that requests negotiation concerning the 4
composition of the unit. 5
(c)] (1) Except as provided in paragraphs (3) and (5) of this subsection, there 6
may not be more than three units in a county and a unit may not include both supervisory 7
and nonsupervisory employees. 8
(2) If a county has more than three recognized units and, as of July 1, 1974, 9
the units have exclusive representation for collective negotiations, these units may 10
continue as negotiating units. 11
(3) In Baltimore County, there shall be three units, including one unit of 12
supervisory employees as defined in § 6–501(i) of this subtitle. 13
(4) In Carroll County, beginning on October 1, 2007: 14
(i) There shall be no more than three units; and 15
(ii) All units shall be nonsupervisory units. 16
(5) In Baltimore City, the public school employer may designate a fourth 17
unit composed of all Baltimore City school police officers, as defined in § 4–318 of this 18
article, up to and including the rank of lieutenant. 19
[(d) (1)] (B) All eligible public school employees shall: 20
[(i)] (1) Be included in one of these units; and 21
[(ii)] (2) Have the rights granted in this subtitle. 22
[(2) Except for an individual who is designated as management personnel 23
or a confidential employee under this subtitle, each public school employee is eligible for 24
membership in one of the negotiating units.] 25
6–505. 26
(a) Employee organizations recognized by the public school employer as the 27
exclusive representative of all public school employees in a specified unit on July 1, 1978 28
shall continue to be the exclusive representative[: 29
(1) For the rest of the 2–year initial period as provided by § 6–507 of this 30
subtitle; and 31 SENATE BILL 367 15
(2) Beyond the 2–year period until another election is held as provided 1
under § 6–507 of this subtitle] SUBJECT TO TITLE 21, SUBTITLE 4 OF THE STATE 2
GOVERNMENT ARTICLE. 3
(b) Any collective negotiation agreement that has been entered into by an 4
exclusive representative and a public employer as of July 1, 1978 shall continue in effect 5
for the term of the agreement. 6
6–506. 7
(a) (1) (i) Each public school employer shall provide the exclusive 8
representative access to new employee processing. 9
(ii) Except as provided in subparagraph (iii) of this paragraph, the 10
public school employer shall provide the exclusive representative at least 10 days’ notice in 11
advance of a new employee processing. 12
(iii) The public school employer may provide the exclusive 13
representative with less than 10 days’ notice if there is an urgent need critical to the public 14
school employer’s new employee processing that was not reasonably foreseeable. 15
(2) (i) The structure, time, and manner of the access required in 16
paragraph (1) of this subsection shall be determined through negotiations between the 17
public school employer and the exclusive representative in accordance with § 6–510 of this 18
subtitle. 19
(ii) When negotiating access to new employee processing under 20
subparagraph (i) of this paragraph, if any dispute has not been resolved within 45 days 21
after the first meeting of the public school employer and the exclusive representative, or 22
within 60 days after an initial request to negotiate, whichever occurs first, either party may 23
request that the Board declare an impasse under § 6–510(e) § 6–507(E) of this subtitle. 24
(iii) In an impasse proceeding under § 6–510(e) § 6–507(E) of this 25
subtitle, the [mediator or Board] ARBITRATOR shall consider: 26
1. The ability of the exclusive representative to communicate 27
with the public school employees it represents; 28
2. The legal obligations of the exclusive representative to the 29
public school employees; 30
3. Applicable State, federal, and local laws; 31
4. Any stipulations of the parties; 32
16 SENATE BILL 367
5. The interests and welfare of the public school employees 1
and the financial condition of the public school employer; 2
6. The structure, time, and manner of access of an exclusive 3
representative to new employee processing in comparable public school employers, 4
including the access provisions in other memoranda of understanding or collective 5
bargaining agreements; and 6
7. Any other facts routinely considered in establishing the 7
structure, time, and manner of access of an exclusive representative to new employee 8
processing. 9
(3) (i) A request to negotiate under paragraph (2) of this subsection 10
made between July 1, 2018, and the expiration date of an existing collective bargaining 11
agreement between the parties shall reopen the existing collective bargaining agreement 12
only for the purpose of negotiating the access of the exclusive representative to the public 13
school employer’s new employee processing. 14
(ii) Either party may elect to negotiate a separate agreement on the 15
access of the exclusive representative to the public school employer’s new employee 16
processing in lieu of reopening the existing collective bargaining agreement. 17
(b) This section does not prohibit a public school employer and an exclusive 18
representative from negotiating access to new employee processing that varies from the 19
requirements of this section. 20
(c) Nothing in this section shall abrogate existing collective bargaining 21
agreements between public school employers and exclusive representatives. 22
6–507. 23
(c) (3) A public school employer may not negotiate [the school calendar, the 24
maximum number of students assigned to a class, or] any matter that is precluded by 25
applicable statutory law. 26
(e) (1) If, on the request of either party, the Board determines from the facts 27
that an impasse is reached in negotiations between a public school employer and an 28
employee organization that is designated as an exclusive negotiating agent, the Board shall 29
within 10 calendar days: 30
(i) Request last and best offers from the public school employer and 31
the employee organization, which may not include items or topics not previously raised in 32
the bargaining process; and 33
(ii) Order the public school employer and the employee organization 34
to commence mediation within 14 days after the Board’s determination that an impasse 35
has been reached. 36 SENATE BILL 367 17
(2) The last and best offers shall list separately every term or condition of 1
employment in dispute and the demand of the party making the last and best offer. 2
(3) Within 5 calendar days after an order to mediate, the parties shall 3
select [a mediator] AN ARBITRATOR by: 4
(i) Agreement; or 5
(ii) Alternate striking from a list of seven neutral parties furnished 6
by: 7
1. The Federal Mediation and Conciliation Service; or 8
2. The American Arbitration Association. 9
(4) The [mediator] ARBITRATOR shall conclude the mediation within 25 10
days after convening the first mediation session. 11
(5) If the public school employer and the employee organization do not 12
reach agreement before concluding the mediation, the [mediator] ARBITRATOR shall issue 13
a [written offer to both parties and the Board of settlement of all matters raised] FINAL 14
WRITTEN AWAR D THAT SHALL BE BIND ING ON BOTH PARTIES . 15
(6) [Within 5 days after receiving the proposed settlement, the public 16
school employer and the employee organization each shall notify the mediator of its intent 17
to: 18
(i) Accept the written proposed settlement; 19
(ii) Accept the written proposed settlement in part, as mutually 20
agreed on by the public school employer and the employee organization; or 21
(iii) Decline the proposed settlement and request arbitration before 22
the Board. 23
(7) The public school employer and the employee organization shall share 24
the costs of the mediator equally. 25
(8) If either party declines the proposed settlement and requests 26
arbitration, the Board shall, within 5 calendar days, set a date for an arbitration hearing 27
before the Board. 28
(9) The Board shall: 29
18 SENATE BILL 367
(i) Open the arbitration record within 20 days after receiving either 1
party’s decision to decline the mediator’s proposal; 2
(ii) Convene a hearing; 3
(iii) Hear testimony from and receive supporting written evidence, as 4
provided in an order of the Board, from the public school employer, the employee 5
organization, and the mediator; 6
(iv) Administer oaths to witnesses deemed relevant and called by the 7
Board; 8
(v) Issue subpoenas to compel the production of relevant and 9
nonprivileged documents and other tangible evidence that would also be subject to 10
production before a hearing or at a hearing under Title 4 of the General Provisions Article; 11
and 12
(vi) Receive, hear, and consider all evidence considered relevant by 13
the Board, whether or not offered through an attorney, including: 14
1. The wages, hours, working conditions, or other terms and 15
conditions of employment of similar public employees in comparable surrounding 16
jurisdictions and comparable jurisdictions outside the State; and 17
2. The ability of the public school employer and the county 18
served by the public school employer to pay, considering their existing resources, the costs 19
of the final offers proposed and other personnel costs. 20
(10) The Board shall conclude the hearing by issuing a written order within 21
20 days after the arbitration record is opened. 22
(11) The Board shall issue the written award that selects and adopts: 23
(i) The complete final offer of the public school employer; 24
(ii) The complete final offer of the employee organization; or 25
(iii) The mediator’s complete offer of settlement. 26
(12) The Board’s written award is final and binding on the public school 27
employer and the employee organization. 28
(13)] The public school employer and the employee organization shall share 29
the costs of the [hearing] MEDIATION equally. 30
SENATE BILL 367 19
[(14)] (7) Any negotiated provision or [decision of the Board] AWARD is 1
subject to the other provisions of this article concerning the fiscal relationship between the 2
public school employer and the county commissioners and county council. 3
9.5–703. 4
(c) (2) All elections shall be conducted by the [State Labor] PUBLIC 5
EMPLOYEE Relations Board and subject to the requirements and limitations of [Title 3, 6
Subtitle 4 of the State Personnel and Pensions Article] TITLE 21, SUBTITLE 4 OF THE 7
STATE GOVERNMENT ARTICLE. 8
(3) The [State Labor] PUBLIC EMPLOYEE Relations Board may not 9
conduct an election for an exclusive representative if an election or certification of an 10
exclusive representative has taken place within the preceding 2 years. 11
16–701. 12
(a) In this subtitle the following words have the meanings indicated. 13
(b) “Agreement” means a written contract between a public employer and an 14
employee organization. 15
(c) “Arbitration” means a procedure by which parties involved in a grievance 16
submit their differences to an impartial third party for a final and binding decision. 17
(d) “Board” means the [State Higher Education Labor] PUBLIC EMPLOYEE 18
Relations Board. 19
(e) “Collective bargaining” has the meaning stated in § 3–101(c) § 3–101(D) of 20
the State Personnel and Pensions Article. 21
(f) “Confidential employee” [means a public employee whose unrestricted access 22
to personnel, budgetary, or fiscal data subject to use by the public employer in collective 23
bargaining, or whose close, continuing working relationship with those responsible for 24
negotiating on behalf of the public employer, would make the employee’s membership in an 25
employee organization as a rank and file employee incompatible with the employee’s 26
duties] HAS THE MEANING STAT ED IN § 21–101 OF THE STATE GOVERNMENT 27
ARTICLE. 28
(g) “Employee organization” [means a labor organization of public employees that 29
has as one of its primary purposes representing those employees in collective bargaining] 30
HAS THE MEANING STAT ED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE. 31
(h) “Exclusive representative” [means an employee organization that has been 32
certified by the Board as representing the employees of a bargaining unit] HAS THE 33
MEANING STATED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE. 34 20 SENATE BILL 367
(i) “Fact–finding” means a process conducted by the Board that includes: 1
(1) The identification of the major issues in an impasse; 2
(2) The review of the positions of the parties; and 3
(3) A resolution of factual differences by an impartial individual or panel. 4
(j) (1) “Faculty” means employees whose assignments involve academic 5
responsibilities, including teachers and department heads. 6
(2) “Faculty” does not include officers, supervisory employees, confidential 7
employees, part–time faculty, or student assistants. 8
(k) “Grievance” means a dispute concerning the application or interpretation of 9
the terms of a collective bargaining agreement. 10
(l) “Impasse” means a failure by a public employer and an exclusive 11
representative to achieve agreement in the course of negotiations. 12
(m) “Officer” means the president, a vice president, a dean, or any other similar 13
official of the community college as appointed by the board of community college trustees. 14
(n) “Part–time faculty” means employees whose assignments involve academic 15
responsibilities, including teachers, counselors, and department heads, who are designated 16
with part–time faculty status by the president of the community college. 17
(o) (1) “Public employee” means an employee employed by a public employer. 18
(2) “Public employee” includes faculty and part–time faculty at the 19
Baltimore City Community College. 20
(3) “Public employee” does not include: 21
(i) Officers; 22
(ii) Supervisory or confidential employees; or 23
(iii) Student assistants. 24
(p) (1) “Public employer” means the board of community college trustees for a 25
community college. 26
(2) “Public employer” includes the Board of Trustees of Baltimore City 27
Community College for the purposes of collective bargaining with faculty and part–time 28
faculty. 29 SENATE BILL 367 21
[(q) (1) “Showing of interest form” means a written statement from a public 1
employee who wishes to be represented by a petitioning employee organization for the 2
purpose of collective bargaining. 3
(2) “Showing of interest form” includes: 4
(i) A union authorization card; and 5
(ii) A union membership card. 6
(r) “Strike” means, in concerted action with others for the purpose of inducing, 7
influencing, or coercing a change in the wages, hours, or other terms and conditions of 8
employment, a public employee’s: 9
(1) Refusal to report for duty; 10
(2) Willful absence from the position; 11
(3) Stoppage of work; or 12
(4) Abstinence in whole or in part from the proper performance of the 13
duties of employment. 14
(s) “Supervisory employee” means a public employee who has full–time and 15
exclusive authority to act on behalf of a public employer to: 16
(1) Hire, transfer, suspend, lay off, recall, promote, discharge, assign, 17
reward, or discipline other employees; or 18
(2) Adjust employee grievances.] 19
16–702. 20
(a) It is the intent of the General Assembly that: 21
(1) The State promote harmonious and cooperative relationships with the 22
public employees of the community college system by encouraging collective bargaining 23
practices, protecting the rights of public employees to associate, organize, and vote for their 24
own exclusive representatives, and recognizing the dignity of labor for all employees of the 25
community college system; and 26
(2) A delay in implementation of this subtitle shall be to ensure that 27
community colleges are granted sufficient time to plan for potential negotiations and may 28
not be used to plan for, or engage in, activities that would discourage or otherwise coerce 29
employees seeking to hold an election. 30
22 SENATE BILL 367
(b) This subtitle shall apply: 1
(1) Beginning on September 1, 2022, to: 2
(i) Anne Arundel Community College; 3
(ii) Community College of Baltimore County; 4
(iii) Frederick Community College; 5
(iv) Harford Community College; 6
(v) Howard Community College; 7
(vi) Montgomery College; 8
(vii) Prince George’s Community College; and 9
(viii) College of Southern Maryland; 10
(2) Beginning on September 1, 2023, to: 11
(i) Allegany College of Maryland; 12
(ii) Carroll Community College; 13
(iii) Cecil College; 14
(iv) Chesapeake College; 15
(v) Garrett College; 16
(vi) Hagerstown Community College; and 17
(vii) Wor–Wic Community College; and 18
(3) Beginning October 1, 2024, Baltimore City Community College. 19
(C) PUBLIC EMPLOYEES , PUBLIC EMPLOYERS , AND EXCLUSIVE 20
REPRESENTATIVES ARE SUBJECT TO THE PROVI SIONS OF TITLE 21 OF THE STATE 21
GOVERNMENT ARTICLE. 22
16–703. 23
[(a) The Board shall conduct an election for an exclusive representative of a 24
bargaining unit if: 25
SENATE BILL 367 23
(1) A valid petition is submitted in accordance with § 16–704 of this 1
subtitle; and 2
(2) The bargaining unit involved in the petition is determined to be an 3
appropriate bargaining unit under subsections (b) and (c) of this section. 4
(b) (1) Except as provided in this subtitle, the Board shall determine the 5
appropriateness of each bargaining unit. 6
(2) If there is not a dispute about the appropriateness of the bargaining 7
unit, the Board shall issue an order defining an appropriate bargaining unit. 8
(3) If there is a dispute about the appropriateness of the bargaining unit, 9
the Board shall: 10
(i) Conduct a public hearing, receiving written and oral testimony; 11
and 12
(ii) Issue an order defining the appropriate bargaining unit. 13
(c)] There may be no more than four bargaining units at each community college 14
including: 15
(1) One unit reserved for full–time faculty; 16
(2) One unit reserved for part–time faculty; and 17
(3) Two units reserved for eligible nonexempt employees, as defined in the 18
federal Fair Labor Standards Act. 19
[(d) The Board may not require the bargaining units at a community college to 20
conform to the requirements of this section if the bargaining units were in existence before 21
September 1, 2022.] 22
16–708. 23
(a) [A public employer has the right to: 24
(1) Determine how the statutory mandate and goals of the community 25
college, including the functions and programs of the community college, its overall budget, 26
and its organizational structure, are to be carried out; and 27
(2) Direct college personnel. 28
(b) A public employee has the right to: 29
(1) Organize; 30 24 SENATE BILL 367
(2) Form, join, or assist any employee organization; 1
(3) Bargain collectively through an exclusive representative; 2
(4) Engage in other lawful concerted activity for the purpose of collective 3
bargaining; and 4
(5) Refrain from engaging in the activities listed under this subsection. 5
(c)] A public employee or group of public employees has the right at any time to: 6
(1) Present a grievance arising under the terms of the agreement to the 7
public employer; and 8
(2) Have the grievance adjusted without the intervention of the exclusive 9
representative. 10
[(d)] (B) The exclusive representative has the right to be present during any 11
meeting involving the presentation or adjustment of a grievance. 12
[(e)] (C) (1) A public employer shall hear a grievance and participate in the 13
adjustment of the grievance. 14
(2) The adjustment of a grievance may not be inconsistent with the terms 15
of the collective bargaining agreement then in effect. 16
(3) A public employer shall give prompt notice of any adjustment of a 17
grievance to the exclusive representative. 18
[(f) A public employer and an employee organization may not interfere with, 19
intimidate, restrain, coerce, or discriminate against a public employee because the 20
employee exercises rights granted under this section.] 21
Article – Health – General 22
15–903. 23
(c) (2) All elections shall be conducted by the [State Labor] PUBLIC 24
EMPLOYEE Relations Board and subject to the requirements and limitations of [Title 3, 25
Subtitle 4 of the State Personnel and Pensions Article] TITLE 21, SUBTITLE 4 OF THE 26
STATE GOVERNMENT ARTICLE. 27
(3) The [State Labor] PUBLIC EMPLOYEE Relations Board may not 28
conduct an election for an exclusive representative if an election or certification of an 29
exclusive representative has taken place within the preceding 2 years. 30 SENATE BILL 367 25
Article – State Government 1
TITLE 21. PUBLIC EMPLOYEE RELATIONS. 2
SUBTITLE 1. DEFINITIONS; GENERAL PROVISIONS. 3
21–101. 4
(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 5
INDICATED. 6
(B) “BOARD” MEANS THE PUBLIC EMPLOYEE RELATIONS BOARD. 7
(C) “CONFIDENTIAL EMPLOYEE ” INCLUDES AN INDIVIDU AL WHOSE 8
EMPLOYMENT RESPONSIB ILITIES REQUIRE KNOW LEDGE OF THE PUBLIC 9
EMPLOYER’S POSTURE IN THE COL LECTIVE NEGOTIATION PROCESS. 10
(D) (C) UNLESS SPECIFICALLY P ROVIDED OTHERWISE , “DAY” MEANS A 11
CALENDAR DAY . 12
(E) (D) “EMPLOYEE ORGANIZATION ” MEANS A LABOR ORGANI ZATION IN 13
WHICH PUBLIC EMPLOYE ES PARTICIPATE AND T HAT HAS AS ONE OF ITS PR IMARY 14
PURPOSES REPRESENTIN G PUBLIC EMPLOYEES . 15
(F) (E) “EXCLUSIVE REPRESENTAT IVE” MEANS AN EMPLOYEE 16
ORGANIZATION THAT HA S BEEN CERTIFIED BY THE BOARD AS AN EXCLUSIVE 17
REPRESENTATIVE UNDER SUBTITLE 4 OF THIS TITLE. 18
(G) (F) “LOCKOUT” MEANS ACTION TAKEN BY A PUBLIC EMPLOYER TO : 19
(1) INTERRUPT OR PREVENT THE CONTINUITY OF TH E EMPLOYEES ’ 20
USUAL WORK FOR THE P URPOSE AND WITH THE INTENT OF COERCING T HE 21
EMPLOYEES INTO RELIN QUISHING RIGHTS GUAR ANTEED BY THIS TITLE ; OR 22
(2) BRING ECONOMIC PRESSURE ON EMPLOYEE S FOR THE PURPOSE 23
OF SECURING THE AGRE EMENT OF THEIR EXECU TIVE REPRESENTATIVE TO 24
COLLECTIVE BARGAININ G AGREEMENT TERMS . 25
(G) “PUBLIC EMPLOYEE ” MEANS AN INDIVIDUAL WHO HOLDS A POSITION 26
BY APPOINTMENT OR EM PLOYMENT IN THE SERV ICE OF A PUBLIC EMPLOYER WITH 27
COLLECTIVE BARGAININ G RIGHTS UNDER TITLE 3 OF THE STATE PERSONNEL AND 28
PENSIONS ARTICLE OR TITLE 6, SUBTITLE 4 OR 5 OR TITLE 16, SUBTITLE 7 OF THE 29
EDUCATION ARTICLE. 30
26 SENATE BILL 367
(H) “PUBLIC EMPLOYER ” MEANS: 1
(1) THE STATE, INCLUDING ANY UNIT , DEPARTMENT, OR 2
INSTRUMENTALITY OF T HE STATE; 3
(2) A COMMUNITY COLLEGE LISTED UNDER § 16–702(B) OF THE 4
EDUCATION ARTICLE; AND 5
(3) A COUNTY BOARD OF ED UCATION OR THE BALTIMORE CITY 6
BOARD OF SCHOOL COMMISSIONERS . 7
(I) “PUBLIC EMPLOYEE ” MEANS AN INDIVIDUAL WHO: 8
(1) HOLDS A POSITION BY APPOINTMENT OR EMPLO YMENT IN THE 9
SERVICE OF A PUBLIC EMPLOYER WITH COLLEC TIVE BARGAINING RIGH TS UNDER 10
TITLE 3 OF THE STATE PERSONNEL AND PENSIONS ARTICLE, TITLE 6, SUBTITLE 4 11
OR 5 OF THE EDUCATION ARTICLE OR TITLE 16, SUBTITLE 7 OF THE EDUCATION 12
ARTICLE; AND 13
(2) IS NOT A CONFIDENTIA L EMPLOYEE. 14
(J) (I) (1) “SHOWING OF INTEREST F ORM” MEANS A WRITTEN STAT EMENT 15
FROM A PUBLIC EMPLOY EE WHO WISHES TO BE REPRESENTED BY A PET ITIONING 16
EMPLOYEE ORGANIZATIO N FOR THE PURPOSE OF COLLECTIVE BARGAININ G. 17
(2) “SHOWING OF INTEREST F ORM” INCLUDES: 18
(I) A UNION AUTHORIZATIO N CARD; OR 19
(II) A UNION MEMBERSHIP C ARD. 20
(K) “STRIKE” MEANS ANY CONCERTED WORK STOPPAGE TO IND UCE, 21
INFLUENCE, COERCE, OR ENFORCE DEMANDS F OR A CHANGE IN WAGES, HOURS, 22
TERMS, OR OTHER CONDITIONS OF EMPLOYMENT . 23
(J) (1) “STRIKE” MEANS ANY CONCERTED ACTION TO IMPEDE THE FULL 24
AND PROPER PERFORMAN CE OF EMPLOYMENT DUT IES IN ORDER TO INDU CE, 25
INFLUENCE, COERCE, OR ENFORCE DEMANDS F OR A CHANGE IN WAGES , HOURS, 26
TERMS, OR OTHER CONDITIONS OF EMPLOYMENT . 27
(2) “STRIKE” INCLUDES A TOTAL OR PARTIAL: 28
(I) REFUSAL OR FAILURE T O REPORT TO WORK ; 29
SENATE BILL 367 27
(II) REFUSAL OR FAILURE T O PERFORM EMPLOYMENT DUTIES; 1
(III) WITHDRAWAL FROM WORK ; 2
(IV) WORK STOPPAGE ; OR 3
(V) WORK SLOWDOWN . 4
21–102. 5
(A) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT IT IS T HE PUBLIC 6
POLICY OF THE STATE TO ENCOURAGE AN D PROTECT THE EXERCI SE BY PUBLIC 7
SECTOR EMPLOYEES OF THE FULL FREEDOM OF ASSOCIATION, 8
SELF–ORGANIZATION , AND DESIGNATION OF R EPRESENTATIVES OF TH EIR OWN 9
CHOOSING, FOR THE PURPOSE OF N EGOTIATING THE TERMS AND CONDITIONS OF 10
THEIR EMPLOYMENT OR OTHER MUTUAL AID OR PROTECTION . 11
(B) FOR THE ADVANCEMENT O F THE RIGHTS DESCRIB ED UNDER 12
SUBSECTION (A) OF THIS SECTION AND TO PROMOTE LABOR PEA CE AND THE 13
ORDERLY AND CONS TRUCTIVE RELATIONSHI PS BETWEEN ALL PUBLI C EMPLOYERS 14
AND THEIR EMPLOYEES , THE GENERAL ASSEMBLY HAS DETERMIN ED THAT THE 15
OVERALL POLICY MAY B EST BE ACCOMPLISHED BY: 16
(1) GRANTING TO PUBLIC E MPLOYEES THE RIGHT T O ORGANIZE AND 17
CHOOSE FREELY THEIR REPRESENTATI VES; 18
(2) REQUIRING PUBLIC EMP LOYERS TO NEGOTIATE AND BARGAIN 19
WITH EMPLOYEE ORGANI ZATIONS REPRESENTING PUBLIC EMPLOYEES AND TO 20
ENTER INTO WRITTEN A GREEMENTS EVIDENCING THE RESULT OF THE BA RGAINING; 21
AND 22
(3) ESTABLISHING PROCEDU RES TO PROVIDE FOR T HE PROTECTION 23
OF THE RIGHTS OF PUB LIC EMPLOYEES , THE PUBLIC EMPLOYERS , AND THE PUBLIC 24
AT LARGE. 25
(C) THE LAW OF THE STATE WITH RESPECT TO THE LABOR RIGHTS OF 26
PUBLIC SECTOR EMPLOY EES IS INTENDED TO F OLLOW THE RIGHTS OF EMPLOYEES 27
UNDER THE FEDERAL NATIONAL LABOR RELATIONS ACT. 28
21–103. 29
DECISIONS OF THE FEDE RAL NATIONAL LABOR RELATIONS BOARD SHALL 30
MAY BE AFFORDED PERSUASI VE WEIGHT IN ANY INT ERPRETATION OF THIS TITLE. 31
28 SENATE BILL 367
SUBTITLE 2. RIGHTS AND DUTIES OF EMPLOYEES, PUBLIC EMPLOYERS, AND 1
EXCLUSIVE REPRESENTATIVES . 2
21–201. 3
(A) EMPLOYEES OF A PUBLIC EMPLOYER HAVE THE RI GHT TO: 4
(1) ENGAGE IN CONCERTED ACTIVITIES FOR THE P URPOSES OF 5
MUTUAL AID OR PROTEC TION; AND 6
(2) REFRAIN FROM ANY OR ALL ACTIVITIES DESCR IBED UNDER ITEM 7
(1) OF THIS SUBSECTION . 8
(B) PUBLIC EMPLOYEES HAVE THE R IGHT TO: 9
(1) FORM, JOIN AND PARTICIPATE IN, OR TO REFRAIN FROM 10
FORMING, JOINING, OR PARTICIPATING IN , ANY EMPLOYEE ORGANIZ ATION OF 11
THEIR OWN CHOOSING ; 12
(2) BE REPRESENTED BY EM PLOYEE ORGANIZATIONS , TO NEGOTIATE 13
COLLECTIVELY WITH T HEIR PUBLIC EMPLOYER S IN THE DETERMINATI ON OF THEIR 14
TERMS AND CONDITIONS OF EMPLOYMENT , AND THE ADMINISTRATI ON OF 15
GRIEVANCES ARISING T HEREUNDER ; AND 16
(3) BE FAIRLY REPRESENTE D BY THEIR EXCLUSIVE 17
REPRESENTATIVE , IF ANY, IN COLLECTIVE BARGAI NING. 18
(C) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION , AN 19
EMPLOYEE ORGANIZATIO N MAY ESTABLISH REAS ONABLE: 20
(1) RESTRICTIONS AS TO W HO MAY JOIN; AND 21
(2) PROVISIONS FOR THE D ISMISSAL OF INDIVIDU ALS FROM 22
MEMBERSHIP . 23
(D) AN EMPLOYEE ORGANIZATION MAY NOT ESTABLISH RESTRICTIO NS AND 24
PROVISIONS UNDER SUB SECTION (C) OF THIS SECTION THAT DISCRIMINATE WITH 25
REGARD TO THE TERMS OR CONDITIONS OF MEM BERSHIP BECAUSE OF : 26
(1) AGE; 27
(2) ANCESTRY; 28
(3) COLOR; 29
SENATE BILL 367 29
(4) CREED; 1
(5) GENDER IDENTITY ; 2
(6) MARITAL STATUS; 3
(7) MENTAL OR PHYSICAL D ISABILITY; 4
(8) NATIONAL ORIGIN ; 5
(9) RACE; 6
(10) RELIGIOUS AFFILIATIO N, BELIEF, OR OPINION; 7
(11) SEX; OR 8
(12) SEXUAL ORIENTATION . 9
21–202. 10
A PUBLIC EMPLOYER SHAL L EXTEND TO AN EXCLU SIVE REPRESENTATIVE THE 11
RIGHT TO: 12
(1) REPRESENT PUBLIC EMP LOYEES IN: 13
(I) NEGOTIATIONS NOTWITH STANDING THE EXISTEN CE OF AN 14
AGREEMENT WITH AN EM PLOYEE ORGANIZATION THAT IS NO LONGER CE RTIFIED OR 15
RECOGNIZED ; AND 16
(II) THE SETTLEMENT OF GR IEVANCES; 17
(2) (I) ON REQUEST , INFORMATION FROM A PUB LIC EMPLOYER 18
RELEVANT TO THE ADMI NISTRATION AND NEGOT IATION OF AN AGREEME NT OR THE 19
PROPER PERFORMANCE O F THE EMPLOYEE ORGAN IZATION’S DUTIES AS THE 20
PUBLIC EMPLOYEES ’ REPRESENTATIVE ; AND 21
(II) HAVE THE INFORMATION REQUESTED UNDER ITEM (I) OF 22
THIS ITEM MADE AVAIL ABLE AS SOON AS PRAC TICABLE, BUT NOT LATER THAN 30 23
DAYS AFTER THE PUBLI C EMPLOYER RECEIVES THE REQUEST ; AND 24
(3) COMMUNICATE WITH ITS MEMBERS AND ELECTED OFFICIALS, IN 25
A MANNER AND AT TIME S AT ITS DISCRETION , CONCERNING ISSUES RELEVANT TO 26
THE ADMINISTRATION A ND NEGOTIATION OF AN AGREEMENT . 27
21–203. 28 30 SENATE BILL 367
(A) ON WRITTEN REQUEST OF AN EXCLUSIVE REPRESE NTATIVE FOR EACH 1
EMPLOYEE IN THE BARG AINING UNIT REPRESEN TED BY THE EXCLUSIVE 2
REPRESENTATIVE , THE PUBLIC EMPLOYER , AS APPROPRIATE , SHALL PROVIDE THE 3
EXCLUSIVE REPRESENTA TIVE WITH THE EMPLOY EE’S: 4
(1) NAME; 5
(2) POSITION CLASSIFICAT ION; 6
(3) UNIT; 7
(4) HOME AND WORK SITE A DDRESSES WHERE THE E MPLOYEE 8
RECEIVES INTEROFFICE OR UNITED STATES MAIL; 9
(5) HOME AND WORK SITE T ELEPHONE NUMBERS; 10
(6) WORK E–MAIL ADDRESS ; AND 11
(7) POSITION IDENTIFICAT ION NUMBER. 12
(B) THE PUBLIC EMPLOYER , AS APPROPRIATE , SHALL PROVIDE THE 13
EXCLUSIVE REPRESENTA TIVE WITH THE REQUES TED INFORMATION IN A 14
SEARCHABLE AND ANALY ZABLE ELECTRONIC FOR MAT. 15
(C) NAMES OR LISTS OF EMPLO YEES PROVIDED TO THE BOARD IN 16
CONNECTION WITH AN E LECTION UNDER THIS T ITLE ARE NOT SUBJECT TO 17
DISCLOSURE IN ACCORD ANCE WITH TITLE 4 OF THE GENERAL PROVISIONS 18
ARTICLE. 19
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (3) OF THIS 20
SUBSECTION, AN EXCLUSIVE REPRESE NTATIVE SHALL CONSID ER THE 21
INFORMATION THAT IT RECEIVES UNDER THIS SECTION AS CONFIDENT IAL AND MAY 22
NOT RELEASE THE INFO RMATION TO ANY PERSO N. 23
(2) AN EXCLUSIVE REPRESEN TATIVE MAY AUTHORIZE THIRD PARTY 24
CONTRACTORS TO USE T HE INFORMATION THAT IT RECE IVES UNDER THIS SECT ION, 25
AS DIRECTED BY THE E XCLUSIVE REPRESENTAT IVE, TO CARRY OUT THE EXC LUSIVE 26
REPRESENTATIVE ’S STATUTORY DUTIES U NDER THIS TITLE. 27
(3) AN EXCLUSIVE REPRESEN TATIVE OR AN AUTHORI ZED THIRD 28
PARTY CONTRACTOR MAY USE THE INFORMATION THAT IT RECEIVES UNDER THIS 29
SECTION FOR THE PURP OSE OF MAINTAINING O R INCREASING EMPLOYE E 30
MEMBERSHIP IN AN EMP LOYEE ORGANIZATION . 31 SENATE BILL 367 31
(4) ON WRITTEN REQUEST OF AN EMPLOYEE , AN EXCLUSIVE 1
REPRESENTATIVE SHALL WITHHOLD FURTHER COM MUNICATION WITH TH E 2
EMPLOYEE UNLESS OTHE RWISE REQUIRED BY LA W OR THE WRITTEN REQ UEST IS 3
REVOKED BY THE EMPLO YEE. 4
21–204. 5
(A) A EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, A PUBLIC 6
EMPLOYER HAS THE RIG HT TO: 7
(1) DETERMINE HOW THE ST ATUTORY MANDATE AND GOALS OF THE 8
PUBLIC EMPLOYER , INCLUDING THE FUNCTI ONS AND PROGRAMS OF THE PUBLIC 9
EMPLOYER, ITS OVERALL BUDGET , AND ITS ORGANIZATION AL STRUCTURE , ARE TO 10
BE CARRIED OUT ; AND 11
(2) DIRECT EMPLOYEES OF THE PUBLIC EMPLOYER . 12
(B) THE STATE, THROUGH ITS APPROPRI ATE OFFICERS AND EMPLOYEE S, 13
HAS THE RIGHT TO : 14
(1) (I) DETERMINE THE MISSIO N, BUDGET, ORGANIZATION , 15
NUMBERS, TYPES AND GRADES OF EMPLOYEES ASSIGNED , THE WORK PROJECTS , 16
TOURS OF DUTY , METHODS, MEANS, AND PERSONNEL BY WHI CH ITS OPERATIONS 17
ARE TO BE CONDUCTED , TECHNOLOGY NEEDED , INTERNAL SECURITY PR ACTICES, 18
AND RELOCATION OF IT S FACILITIES; AND 19
(II) MAINTAIN AND IMPROVE THE EFFICIENCY AND 20
EFFECTIVENESS OF GOV ERNMENTAL OPERATIONS ; 21
(2) DETERMINE THE : 22
(I) SERVICES TO BE RENDE RED, OPERATIONS TO BE 23
PERFORME D, AND TECHNOLOGY TO BE USED; AND 24
(II) OVERALL METHODS , PROCESSES, MEANS, AND CLASSES OF 25
WORK OR PERSONNEL BY WHICH GOVERNMENTAL O PERATIONS ARE TO BE 26
CONDUCTED ; 27
(3) HIRE, DIRECT, SUPERVISE, AND ASSIGN EMPLOYEES ; 28
(4) (I) PROMOTE, DEMOTE, DISCIPLINE, DISCHARGE, RETAIN, AND 29
LAY OFF EMPLOYEES ; AND 30
32 SENATE BILL 367
(II) TERMINATE EMPLOYMENT BECAUSE OF LACK OF F UNDS, 1
LACK OF WORK , UNDER CONDITIONS WHE RE THE EMPLOYER DETE RMINES 2
CONTINUED WORK WOULD BE INEFFICIENT OR NO NPRODUCTIVE , OR FOR OTHER 3
LEGITIMATE REA SONS; 4
(5) SET THE QUALIFICATIO NS OF EMPLOYEES FOR APPOINTMENT 5
AND PROMOTION , AND SET STANDARDS OF CONDUCT; 6
(6) ADOPT STATE OR DEPARTMENT RULES , REGULATIONS , OR 7
PROCEDURES ; 8
(7) PROVIDE A SYSTEM OF MERIT EMPLOYMENT ACC ORDING TO THE 9
STANDARD OF BUSINESS EFFICIENCY ; AND 10
(8) TAKE ACTIONS NOT OTH ERWISE SPECIFIED IN THIS SECTION TO 11
CARRY OUT THE MISSIO N OF THE EMPLOYER . 12
21–205. 13
(A) A PUBLIC EMPLOYER IS P ROHIBITED FROM ENGAG ING IN A LOCKOUT . 14
(B) PUBLIC EMPLOYEES ARE PROHIBITED FROM ENGA GING IN A STRIKE. 15
21–206. 16
(A) A PUBLIC EMPLOYER AND ITS OFFICERS, EMPLOYEES, AGENTS, OR 17
REPRESENTATIVES ARE PROHIBITED FROM ENGA GING IN ANY UNFAIR L ABOR 18
PRACTICE, INCLUDING: 19
(1) INTERFERING WITH , RESTRAINING, OR COERCING EMPLOYEE S IN 20
THE EXERCISE OF THEI R RIGHTS UNDER THIS TI TLE; 21
(2) DOMINATING , INTERFERING WITH , CONTRIBUTING FINANCI AL OR 22
OTHER SUPPORT TO , OR ASSISTING IN THE FORMATION, EXISTENCE, OR 23
ADMINISTRATION OF AN Y EMPLOYEE ORGANIZAT ION; 24
(3) GRANTING ADMINISTRAT IVE LEAVE TO EMPLOYE ES TO ATTEND 25
EMPLOYER SPONSORED O R SUPPORTED MEETINGS OR EVENTS RELATING T O AN 26
ELECTION UNDER SUBTITLE 4 OF THIS TITLE, UNLESS THE PUBLIC EM PLOYER 27
GRANTS EMPLOYEES AT LEAST THE SAME AMOUN T OF ADMINISTRATIVE LEAVE TO 28
ATTEND LABOR ORGANIZ ATION SPONSORED OR S UPPORTED MEET INGS OR 29
EMPLOYEE MEETINGS ; 30
SENATE BILL 367 33
(4) DISCRIMINATING IN HI RING, TENURE, OR ANY TERM OR 1
CONDITION OF EMPLOYM ENT TO ENCOURAGE OR DISCOURAGE MEMBERSHI P IN AN 2
EMPLOYEE ORGANIZATIO N; 3
(5) DISCHARGING OR DISCR IMINATING AGAINST AN EMPLOYEE 4
BECAUSE OF THE SIGNI NG OR FILING OF AN AFFIDAV IT, PETITION, OR COMPLAINT , 5
OR GIVING INFORMATIO N OR TESTIMONY IN CO NNECTION WITH MATTER S UNDER 6
THIS TITLE; 7
(6) FAILING TO PROVIDE A LL EMPLOYEE ORGANIZA TIONS INVOLVED 8
IN AN ELECTION THE S AME RIGHTS OF ACCESS AS REQUIRED BY THE BOARD 9
THROUGH REGULATION ; 10
(7) ENGAGING IN SURVEILL ANCE OF UNION ACTIVI TIES; 11
(8) REFUSING TO BARGAIN IN GOOD FAITH; 12
(9) FAILING TO MEET AN E STABLISHED NEGOTIATI ON DEADLINE , 13
UNLESS A WRITTEN AGR EEMENT BETWEEN THE P UBLIC EMPLOYER AND T HE 14
EXCLUSIVE REPRESENTA TIVE PROVIDES OTHERW ISE; 15
(10) ENGAGING IN A LOCKOU T; OR 16
(11) SPENDING PUBLIC MONE Y, USING PUBLIC RESOURC ES, OR 17
PROVIDING ASSISTANCE T O AN INDIVIDUAL OR G ROUP FOR A NEGATIVE CAMPAIGN 18
AGAINST EFFORTS BY E MPLOYEES OF A PUBLIC EMPLOYER OR AN EMPLO YEE 19
ORGANIZATION TO : 20
(I) GAIN OR RETAIN COLLE CTIVE BARGAINING RIG HTS; OR 21
(II) CERTIFY AN EMPLOYEE ORGANIZATION AS AN EXCLUSIVE 22
REPRESENTATIVE . 23
(B) EMPLOYEE ORGANIZATION S AND THEIR AGENTS O R REPRESENTATIVES 24
ARE PROHIBITED FROM ENGAGING IN ANY UNFA IR LABOR PRACTICE , INCLUDING: 25
(1) INTERFERING WITH , RESTRAINING, OR COERCING EMPLOYEE S IN 26
THE EXERCISE OF THEI R RIGHTS UND ER THIS TITLE; 27
(2) CAUSING OR ATTEMPTIN G TO CAUSE A PUBLIC EMPLOYER TO 28
DISCRIMINATE IN HIRI NG, TENURE, OR ANY TERM OR CONDI TION OF EMPLOYMENT 29
TO ENCOURAGE OR DISC OURAGE MEMBERSHIP IN AN EMPLOYEE ORGANIZA TION; 30
34 SENATE BILL 367
(3) ENGAGING IN , INDUCING, OR ENCOURAGING ANY PERSON TO 1
ENGAGE IN A STRIKE , AS DEFINED IN § 21–205 OF THIS SUBTITLE; 2
(4) INTERFERING WITH THE STATUTORY DUTIES OF THE STATE OR A 3
PUBLIC EMPLOYER ; 4
(5) REFUSING TO BARGAIN IN GOOD FAITH; OR 5
(6) NOT FAIRLY REPRESENT ING EMPLOYEES IN COL LECTIVE 6
BARGAINING OR IN ANY OTHER MATTER IN WHIC H THE EMPLOYEE ORGAN IZATION 7
HAS THE DUTY OF FAIR REPRESENTATION . 8
21–207. 9
(A) EACH EXCLUSIVE REPRES ENTATIVE HAS THE RIG HT TO COMMUNICATE 10
WITH THE EMPLOYEES T HAT IT REPRESENTS . 11
(B) (1) PUBLIC EMPLOYERS SHAL L ALLOW AN EXCLUSIVE 12
REPRESENTATIVE TO : 13
(I) MEET WITH A NEW EMPL OYEE IN A BARGAINING UNIT 14
REPRESENTED BY THE E XCLUSIVE REPRESENTAT IVE WITHIN THE FIRST FULL PAY 15
PERIOD OF THE NEW EM PLOYEE’S START DATE; OR 16
(II) ATTEND AND PARTICIPA TE IN A NEW EMPLOYEE PROGRAM 17
THAT INCLUDES ONE OR MORE EMPLOYEES WHO A RE IN A BARGAINING U NIT 18
REPRESENTED BY THE E XCLUSIVE REPRESENTAT IVE. 19
(2) THE NEW EMPLOYEE PROG RAM DESCRIBED IN PAR AGRAPH (1)(II) 20
OF THIS SUBSECTION M AY BE A NEW EMPLOYEE ORIENTATION , TRAINING, OR OTHER 21
PROGRAM THAT THE PUBLI C EMPLOYER AND AN EX CLUSIVE REPRESENTATI VE 22
NEGOTIATE IN ACCORDA NCE WITH TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION 23
ARTICLE, TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE, OR TITLE 3 OF THE 24
STATE PERSONNEL AND PENSIONS ARTICLE. 25
(3) EXCEPT AS PROVIDED IN P ARAGRAPH (5) OF THIS SUBSECTION , 26
THE EXCLUSIVE REPRES ENTATIVE SHALL BE AL LOWED AT LEAST 30 MINUTES TO 27
MEET WITH THE NEW EM PLOYEE OR TO COLLECT IVELY ADDRESS ALL NE W 28
EMPLOYEES IN ATTENDA NCE DURING A NEW EMP LOYEE PROGRAM . 29
(4) (I) EXCEPT AS PROVIDED IN SUBPA RAGRAPH (II) OF THIS 30
PARAGRAPH , A MEETING BETWEEN TH E NEW EMPLOYEE AND T HE EXCLUSIVE 31
REPRESENTATIVE SHALL BE IN PERSON. 32
SENATE BILL 367 35
(II) AN EXCLUSIVE REPRESEN TATIVE MAY CHOOSE TO MEET 1
WITH A NEW EMPLOYEE BY VIDEO OR SIMILAR TECHNOLOGY IF PUBLI C HEALTH 2
CONCERNS NECESSITATE THAT A MEETING BE CO NDUCTED REMOTELY . 3
(5) A PUBLIC EMPLOYER AND AN EXCLUSIVE REPRESE NTATIVE MAY 4
NEGOTIATE A PERIOD O F TIME THAT IS MORE THAN 30 MINUTES IN ACCORDANC E 5
WITH TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, TITLE 16, SUBTITLE 6
7 OF THE EDUCATION ARTICLE, OR TITLE 3 OF THE STATE PERSONNEL AND 7
PENSIONS ARTICLE. 8
(6) A PUBLIC EMPLOYER : 9
(I) SHALL ENCOURAGE AN E MPLOYEE TO MEET WITH THE 10
EXCLUSIVE REPRESENTA TIVE OR ATTEND THE P ORTION OF A NEW EMPL OYEE 11
PROGRAM DE SIGNATED FOR AN EXCL USIVE REPRESENTATIVE TO ADDRESS NEW 12
EMPLOYEES; AND 13
(II) MAY NOT REQUIRE AN E MPLOYEE TO MEET WITH AN 14
EXCLUSIVE REPRESENTA TIVE OR ATTEND THE P ORTION OF A NEW EMPL OYEE 15
PROGRAM DESIGNATED F OR AN EXCLUSIVE REPR ESENTATIVE TO ADDRES S NEW 16
EMPLOYEES IF THE EMPL OYEE OBJECTS TO ATTE NDING. 17
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION 18
AND SUBJECT TO PARAG RAPH (3) OF THIS SUBSECTION , A PUBLIC EMPLOYER SH ALL 19
PROVIDE THE EXCLUSIV E REPRESENTATIVE AT LEAST 10 DAYS’ NOTICE OF THE 20
START DATE OF A NEW EM PLOYEE IN A BARGAINI NG UNIT REPRESENTED BY THE 21
EXCLUSIVE REPRESENTA TIVE. 22
(2) A PUBLIC EMPLOYER MAY PROVIDE THE EXCLUSIV E 23
REPRESENTATIVE WITH LESS THAN 10 DAYS’ NOTICE IF THERE IS A N URGENT NEED 24
CRITICAL TO THE EMPL OYER THAT WAS NOT REASONABLY FORESEEAB LE. 25
(3) THE NOTICE REQUIRED U NDER PARAGRAPH (1) OF THIS 26
SUBSECTION SHALL : 27
(I) BE PROVIDED ELECTRON ICALLY TO THE LOCAL PRESIDENT 28
OR EXCLUSIVE REPRESE NTATIVE DESIGNEE WIT HIN 5 DAYS OF THE EMPLOYEE ’S 29
FIRST CHECK–IN; 30
(II) EXCEPT AS PROVIDED IN ITEM (III) OF THIS PARAGRAPH , 31
INCLUDE THE NEW EMPL OYEE’S NAME, UNIT, AND ALL EMPLOYEE IDE NTIFICATION 32
NUMBERS, INCLUDING WORKDAY NUMBERS ; 33
36 SENATE BILL 367
(III) EXCLUDE THE NEW EMPL OYEE’S SOCIAL SECURITY 1
NUMBER; AND 2
(IV) BE CONSIDERED CONFID ENTIAL BY AN EXCLUSIVE 3
REPRESENTATIVE . 4
(4) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 5
PARAGRAPH , AN EXCLUSIVE REPRESE NTATIVE MAY NOT DISC LOSE THE 6
INFORMATION IN A NOT ICE. 7
(II) THE EXECUTIVE EXCLUSIVE REPRESENTATIVE MAY 8
AUTHORIZE A THIRD –PARTY CONTRAC TOR TO USE THE INFOR MATION IN A NOTICE , 9
AS DIRECTED BY THE E XCLUSIVE REPRESENTAT IVE, TO FULFILL THE EXCLU SIVE 10
REPRESENTATIVE ’S STATUTORY DUTIES . 11
21–208. 12
AN EMPLOYEE ORGANIZAT ION CERTIFIED AS THE EXCLUSIVE 13
REPRESENTATIVE SHALL : 14
(1) SERVE AS THE SOLE A ND EXCLUSIVE BARGAIN ING AGENT FOR ALL 15
EMPLOYEES IN THE BAR GAINING UNIT; 16
(2) REPRESENT FAIRLY AND WITHOUT DISCRIMINATI ON ALL 17
EMPLOYEES IN THE BAR GAINING UNIT, WHETHER OR NOT THE E MPLOYEES ARE 18
MEMBERS OF THE EMPLO YEE ORGANIZATION OR ARE PAYING DUES OR O THER 19
CONTRIBUTIONS TO IT OR PARTICIPATING IN ITS AFFAIRS; AND 20
(3) PROMPTLY FILE WITH T HE BOARD ALL CHANGES AND 21
AMENDMENTS TO THE OR GANIZATION’S GOVERNING DOCUMENT S. 22
21–209. 23
(A) AN EMPLOYEE ORGANIZAT ION IS ENTITLED TO M EMBERSHIP DUES 24
DEDUCTION, ON PRESENTATION BY THE EMPLOYEE ORGANIZATIO N OF: 25
(1) DUES DEDUCTION AUTHO RIZATION CARDS ; 26
(2) ELECTRONIC MEMBERSHI P APPLICATION; OR 27
(3) OTHER METHOD BY WHIC H AN EMPLOYEE HAS MA NIFESTED 28
ASSENT FOR MEMBERSHI P DUES DEDUCTION . 29
SENATE BILL 367 37
(B) (1) A PUBLIC EMPLOYER SHALL COMMENCE MAKIN G DUES 1
DEDUCTIONS AS SOON A S PRACTICABLE , BUT NOT LATER THAN 30 DAYS AFTER 2
RECEIVING THE PROOF PRESENTED UNDER SUBS ECTION (A) OF THIS SECTION. 3
(2) A PUBLIC EMPLOYER SHAL L TRANSMIT MEMBERSHI P DUES TO 4
THE EMPLOYEE ORGANIZ ATION WITHIN 30 DAYS AFTER THE DEDUC TIONS ARE 5
MADE. 6
(3) A PUBLIC EMPLOYER SHAL L ACCEPT AN AUTHORIZ ATION TO 7
DEDUCT FROM THE SALA RY OF A PUBLIC EMPLO YEE AN AMOUNT FOR TH E PAYMENT 8
OF DUES IN ANY FORMA T AUTHORIZED UNDER § 21–106 OF THE COMMERCIAL LAW 9
ARTICLE. 10
(C) THIS SECTION MAY NOT BE CONSTRUED TO REQUIRE AN EMPLOYEE TO 11
BECOME A MEMBER OF A N EMPLOYEE ORGANIZAT ION. 12
(D) (1) THE RIGHT OF AN EMPLO YEE ORGANIZATION TO MEMBERSHIP 13
DUES DEDUCTION SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL : 14
(I) AN EMPLOYEE REVOKES MEMBERSHIP IN ACCORDANCE 15
WITH A COLLECTIVE BA RGAINING AGREEMENT O R THE MEMBERSHIP APP LICATION; 16
(II) THE EMPLOYEE CANCELS MEMBERSHIP DUES DEDU CTION 17
UNDER § 2–403 OF THE STATE PERSONNEL AND PENSIONS ARTICLE; OR 18
(III) SUBJECT TO PARAGRAPH (2) OF THIS SUB SECTION, THE 19
EMPLOYEE IS NO LONGE R EMPLOYED BY THE PU BLIC EMPLOYER . 20
(2) IF WITHIN A PERIOD OF 1 YEAR, THE EMPLOYEE IS EMPL OYED BY 21
THE SAME PUBLIC EMPL OYER IN A POSITION R EPRESENTED BY THE SA ME 22
EXCLUSIVE REPRESENTA TIVE, THE RIGHT TO MEMBERS HIP DUES DEDUC TION 23
SHALL BE AUTOMATICAL LY REINSTATED . 24
(E) IF THE EMPLOYEE WHO H AS CONSENTED TO DUES DEDUCTION IS 25
EITHER REMOVED FROM A PUBLIC EMPLOYER ’S PAYROLL OR OTHERWI SE PLACED 26
ON AN INVOLUNTARY OR VOLUNTARY LEAVE OF A BSENCE, WHETHER PAID OR 27
UNPAID, THE PUBLIC EMPLOYEE’S MEMBERSHIP DUES DE DUCTION AUTHORIZATIO N 28
SHALL: 29
(1) REMAIN EFFECTIVE ; AND 30
(2) BE CONTINUED ON THE PUBLIC EMPLOYEE ’S RETURN TO THE 31
PAYROLL OR RESTORATI ON TO ACTIVE EMPLOYM ENT FROM A LEAVE OF ABSENCE. 32
38 SENATE BILL 367
(F) IF AN AUTHORIZATION F OR A PUBLIC EM PLOYER TO MAKE 1
MEMBERSHIP DUES DEDU CTION WAS IN EFFECT ON JUNE 30, 2023: 2
(1) THE RIGHT OF THE EMP LOYEE ORGANIZATION T O MEMBERSHIP 3
DUES DEDUCTION SHALL CONTINUE UNLESS THE RIGHT IS TERMINATED UNDER 4
SUBSECTION (D) OF THIS SECTION; AND 5
(2) THE EMPLOYEE ORGANIZATION MAY NOT BE REQUIRED TO 6
PRESENT NEW AUTHORIZ ATION UNDER SUBSECTI ON (A) OF THIS SECTION. 7
21–210. 8
(A) A PUBLIC EMPLOYER OR I TS OFFICERS, OR AN AGENT OF THE P UBLIC 9
EMPLOYER, MAY NOT SPEND PUBLIC MONEY, USE PUBLIC RESOURCES , OR PROVIDE 10
ASSISTANCE TO AN INDIVIDUAL O R GROUP FOR A NEGATI VE CAMPAIGN AGAINST 11
EFFORTS BY EMPLOYEES OF A PUBLIC EMPLOYER OR AN EMPLOYEE ORGAN IZATION 12
TO: 13
(1) GAIN OR RETAIN COLLE CTIVE BARGAINING RIG HTS; OR 14
(2) CERTIFY AN EMPLOYEE ORGANIZATION AS AN E XCLUSIVE 15
REPRESENTATIVE . 16
(B) (1) WITHIN 7 DAYS AFTER A VALID E LECTION HAS BEEN SCH EDULED 17
UNDER SUBTITLE 4 OF THIS TITLE, THE PUBLIC EMPLOYER SHALL ALLOW PUBLIC 18
EMPLOYEES AND EMPLOY EE ORGANIZATIONS TO ACCESS THE EMPLOYER ’S 19
PROPERTY AND FACILIT IES, INCLUDING GROUND S, ROOMS, BULLETIN BOARDS , 20
INTEROFFICE MAIL , AND OTHER COMMON ARE AS FOR CAMPAIGN ACTI VITIES FOR 21
THE ELECTION . 22
(2) THE PUBLIC EMPLOYER M AY NOT: 23
(I) LIMIT THE AMOUNT OF TIME A PUBLIC EMPLOY EE HAS 24
ACCESS TO THE PUBLIC EMPLOYER’S PROPERTY AND FACIL ITIES DURING AN 25
ELECTION UNDER THIS SECTION; OR 26
(II) ALTER OR REVISE EXIS TING RULES OR REGULA TIONS TO 27
UNFAIRLY LIMIT OR PR OHIBIT PUBLIC EMPLOY EES OR EMPLOYEE ORGA NIZATIONS 28
FROM EXERCISING THEI R RIGHTS UNDER THIS TITLE. 29
(3) THIS SUBSECTION MAY N OT BE CONSTRUED TO ALLOW C AMPAIGN 30
ACTIVITIES TO INTERF ERE WITH A PUBLIC EM PLOYER’S OPERATIONS. 31
SUBTITLE 3. PUBLIC EMPLOYEE RELATIONS BOARD. 32 SENATE BILL 367 39
21–301. 1
THERE IS A PUBLIC EMPLOYEE RELATIONS BOARD ESTABLISHED AS AN 2
INDEPENDENT UNIT OF STATE GOVERNMENT . 3
21–302. 4
(A) THE BOARD CONSISTS OF THE FOLLOWING FIVE MEMBE RS: 5
(1) A CHAIR APPOINTED BY THE GOVERNOR WITH THE ADV ICE AND 6
CONSENT OF THE SENATE, REPRESENTING THE PUB LIC; 7
(2) TWO MEMBERS CHOSEN F ROM A LIST OF CANDID ATES SUBMITTED 8
BY EACH EXCLUSIVE RE PRESENTATIV E, APPOINTED BY THE GOVERNOR WITH DUE 9
REGARD FOR ANY CANDI DATES WHO HAVE MAJOR ITY OR PLURALITY SUP PORT 10
FROM EXCLUSIVE REPRE SENTATIVES, WITH THE ADVICE AND CONSENT OF THE 11
SENATE; AND 12
(3) TWO MEMBERS CHOSEN F ROM A LIST OF CANDID ATES SUBMITTED 13
BY PUBLIC EM PLOYERS, APPOINTED BY THE GOVERNOR WITH THE ADV ICE AND 14
CONSENT OF THE SENATE. 15
(B) EACH MEMBER OF THE BOARD: 16
(1) MUST HAVE KNOWLEDGE OF AND EXPERIENCE WI TH LABOR LAW , 17
LABOR MEDIATION , OR LABOR NEGOTIATION S; 18
(2) MAY NOT BE OFFICERS OR EMPLOYEES OF A PUBLIC EMPLOYER , 19
OR OF AN EMPLOYEE OR GANIZATION; AND 20
(3) MUST BE KNOWN FOR OB JECTIVE AND INDEPEND ENT JUDGMENT . 21
(C) BEFORE TAKING OFFICE , EACH MEMBER SHALL TA KE THE OATH 22
REQUIRED BY ARTICLE I, § 9 OF THE MARYLAND CONSTITUTION. 23
(D) (1) THE TERM OF A MEMBER IS 6 YEARS. 24
(2) THE TERMS OF MEMBERS ARE STAGGERED AS REQ UIRED BY THE 25
TERMS PROVIDED FOR M EMBERS OF THE BOARD ON JULY 1, 2023. 26
(3) A VACANCY SHALL BE FIL LED FOR AN UNEXPIRED TERM IN THE 27
SAME MANNER AS AN OR IGINAL APPOINTMENT . 28
40 SENATE BILL 367
(4) AT THE END OF A TERM, A MEMBER CONTINUES T O SERVE UNTIL 1
A SUCCESSOR IS APPOI NTED AND QUALIFIES . 2
(5) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 3
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 4
QUALIFIES. 5
(E) THE GOVERNOR MAY REMO VE A MEMBER ONLY FOR INCOMPETENCE OR 6
MISCONDUCT . 7
(F) IN MAKING APPOINTMENT S TO THE BOARD, THE GOVERNOR SHALL 8
ENSURE, TO THE EXTENT PRACTI CABLE, THAT THE RATIO OF MA LE TO FEMALE 9
MEMBERS AND THE RACI AL MAKEUP OF THE BOARD IS REFLECTIVE O F THE 10
GENERAL POPUL ATION OF THE STATE. 11
21–303. 12
(A) (1) A MAJORITY OF THE VOTI NG MEMBERS SHALL CON STITUTE A 13
QUORUM FOR : 14
(I) THE TRANSACTION OF A NY BUSINESS; OR 15
(II) THE EXERCISE OF ANY POWER OR THE PERFORM ANCE OF 16
ANY DUTY AUTHORIZED OR IMPOSED BY LAW . 17
(2) FORMAL ACTION MAY NOT BE TA KEN BY THE BOARD WITHOUT 18
THE APPROVAL OF A MA JORITY OF THE VOTING MEMBERS OF THE BOARD. 19
(B) THE BOARD SHALL SET THE T IMES AND PLACES OF I TS MEETINGS, BUT 20
SHALL MEET AT LEAST ONCE PER MONTH . 21
(C) (1) AN APPOINTED MEMBER O F THE BOARD IS ENTITLED TO: 22
(I) THE COMPENSATION PRO VIDED IN THE STATE BUDGET ; 23
AND 24
(II) REIMBURSEMENT FOR EX PENSES UNDER THE STANDARD 25
STATE TRAVEL REGULATIONS AS PROVID ED IN THE STATE BUDGET . 26
(2) THE CHAIR OF THE BOARD SHALL GIVE FULL TIME TO THE DUTIES 27
OF CHAIR AND IS ENTITLE D TO A SALARY AS PRO VIDED IN THE STATE BUDGET . 28
21–304. 29
SENATE BILL 367 41
(A) (1) THE BOARD SHALL APPOINT A N EXECUTIVE DIRECTOR OF THE 1
BOARD. 2
(2) THE EXECUTIVE DIRECTOR: 3
(I) IS RESPONSIBLE TO AN D SERVES AT THE PLEA SURE OF THE 4
BOARD; 5
(II) MUST HAVE KNOWLEDGE OF AND EXPERIENCE WI TH LABOR 6
ISSUES; AND 7
(III) IS ENTITLED TO THE S ALARY PROVIDED IN TH E STATE 8
BUDGET. 9
(B) THE EXECUTIVE DIRECTOR SHALL PERFOR M THE DUTIES THAT TH E 10
BOARD ASSIGNS, INCLUDING: 11
(1) OPERATING THE OFFICE OF THE BOARD; AND 12
(2) KEEPING THE OFFICIAL RECORDS OF THE BOARD. 13
(C) THE EXECUTIVE DIRECTOR MAY HIRE ANY STAFF NECESSARY TO 14
CARRY OUT THE PROVIS IONS OF THIS TITLE. 15
21–305. 16
(A) THE BOARD SHALL APPOINT : 17
(1) A DEPUTY DIRECTOR FO R EXECUTIVE BRANCH LABOR 18
RELATIONS; 19
(2) A DEPUTY DIRECTOR FO R PUBLIC SCHOOL LABO R RELATIONS; 20
AND 21
(3) A DEPUTY DIRECTOR FO R PUBLIC HIGHER EDUC ATION LABOR 22
RELATIONS. 23
(B) THE DEPUTY DIRECTORS : 24
(1) ARE RESPONSIBLE TO A ND SERVE AT THE PLEA SURE OF THE 25
BOARD; 26
(2) MUST HAVE KNOWLEDGE OF AND EXP ERIENCE WITH LABOR 27
ISSUES AND THE SUBJE CT MATTER AREA ASSOC IATED WITH THEIR POS ITIONS; AND 28
42 SENATE BILL 367
(3) ARE ENTITLED TO THE SALARY PROVIDED IN T HE STATE BUDGET. 1
21–306. 2
(A) THE BOARD IS RESPONSIBLE FOR ADMINISTERING AN D ENFORCING 3
PROVISIONS OF: 4
(1) THIS TITLE; 5
(2) TITLE 6, SUBTITLE SUBTITLES 4 OR AND 5 OF THE EDUCATION 6
ARTICLE; 7
(3) TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE; AND 8
(4) TITLE 3 OF THE STATE PERSONNEL AND PENSIONS ARTICLE. 9
(B) IN ADDITION TO ANY OT HER POWERS OR DUTIES PRO VIDED FOR 10
ELSEWHERE IN THIS TI TLE, TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, 11
TITLE 16, SUBTITLE 7 OF THE EDUCATION ARTICLE, AND TITLE 3 OF THE STATE 12
PERSONNEL AND PENSIONS ARTICLE, THE BOARD MAY: 13
(1) ESTABLISH PROCEDURES FOR, SUPERVISE THE CONDUC T OF, AND 14
RESOLVE DISPUTES ABO UT ELECTIONS FOR EXC LUSIVE REPRESENTATIV ES; 15
(2) ESTABLISH PROCEDURES FOR AND RESOLVE DISP UTES ABOUT 16
PETITIONS FOR BARGAI NING UNIT CLARIFICAT ION; 17
(3) ESTABLISH PROCEDURES FOR AND RESOLVE DISP UTES ABOUT 18
PETITIONS AND ELECTI ONS FOR DECERTIFICAT ION OF AN EXCLUSIVE 19
REPRESENTATIVE ; 20
(4) INVESTIGATE AND TAKE APPROPRIATE ACTION I N RESPONSE TO 21
COMPLAINTS OF UNFAIR LABOR PRACTICES , INCLUDING STRIKES AN D LOCKOUTS; 22
(5) ESTABLISH PROCEDURES FOR AND RESOL VE DISPUTES ABOUT 23
THE NEGOTIABILITY OF BARGAINING SUBJECTS ; 24
(6) ON APPLICATION BY AN EXCLUSIVE REPRESENTA TIVE EMPLOYEE 25
ORGANIZATION OR PUBLIC EMPLOYER , DETERMINE THAT THE A PPLICANT SHALL BE 26
DESIGNATED AS A JOIN T PUBLIC EMPLOYER OF PUBLIC EMPLOYEES IN AN 27
EMPLOYER–EMPLOYEE BARGAINING UNIT DETERMINED IN A CCORDANCE WITH 28
SUBTITLE 4 OF THIS TITLE WHEN S UCH DETERMINATION WO ULD BEST EFFECTUATE 29
THE PURPOSES OF THIS SUBTITLE; AND 30
SENATE BILL 367 43
(7) RESOLVE MATTERS AS P ROVIDED IN §§ 6–408, 6–510, AND 16–711 1
§§ 6–406, 6–507, AND 16–707 OF THE EDUCATION ARTICLE. 2
(C) THE BOARD SHALL HAVE BROA D DISCRETION TO TAKE AND ORDER 3
REMEDIAL ACTIONS WHE N IT FINDS THAT A PA RTY HAS COMMITTED AN UNFAIR 4
LABOR PRACTICE , INCLUDING THE RESTOR ATION OF ANY RIGHT , PAY, STATUS, OR 5
BENEFIT LOST BY A PUBLIC EMPLOYEE OR G ROUP OF PUBLIC EMPLO YEES, DUE TO 6
VIOLATIONS OF THIS T ITLE. 7
(D) TO ENFORCE THE PROVIS IONS OF THIS SUBTITL E, THE BOARD MAY: 8
(1) ISSUE SUBPOENAS ; AND 9
(2) ADMINISTER OATHS AND AFFIRMATIONS , EXAMINE WITNESSES , 10
AND RECEIVE EVIDENCE . 11
(E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 12
THE BOARD SHALL ADOPT AND ENFORCE REGULATIONS , GUIDELINES, AND 13
POLICIES TO CARRY OU T THIS TITLE. 14
(2) THE BOARD MAY NOT ADOPT A NY REGULATION , GUIDELINE, OR 15
POLICY THAT: 16
(I) UNNECESSARILY DELAYS THE RESOLUTION OF DI SPUTES 17
OVER ELECTIONS , UNFAIR LABOR PRACTIC ES, OR ANY OTHER MATTER UNDER THIS 18
TITLE; OR 19
(II) RESTRICTS OR WEAKENS THE PROTECTIONS PROV IDED TO 20
PUBLIC EMPLOYEES AND EMPLOYEE ORGANIZATIO NS UNDER THIS TITLE OR UNDER 21
REGULATIONS . 22
21–307. 23
(A) (1) IF A PARTY HAS BEEN C HARGED WITH ENGAGING IN OR HAS 24
ENGAGED IN AN UNFAIR LABOR PRACTICE , THE APPROPRIATE DEPU TY DIRECTOR 25
SHALL INVESTIGATE TH E CHARGE. 26
(2) IF THE BOARD, THROUGH THE DEPUTY D IRECTOR’S 27
INVESTIGATION , FINDS THAT PROBABLE CAUSE EXISTS TO SUPPORT TH E CHARGE 28
OF AN UNFAIR LABOR P RACTICE, THE BOARD SHALL: 29
(I) ISSUE A COMPLAINT AG AINST THE PARTY STAT ING THE 30
CHARGES; AND 31
44 SENATE BILL 367
(II) NOT LESS THAN 15 DAYS AFTER ISSUING T HE COMPLAINT , 1
ISSUE A NOTICE OF A HEARING BE FORE THE BOARD OR THE OFFICE OF 2
ADMINISTRATIVE HEARINGS. 3
(B) THE BOARD MAY NOT ISSUE A COMPLAINT UNDER SUBS ECTION (A)(2)(I) 4
OF THIS SECTION IF T HE UNFAIR LABOR PRAC TICE OCCURRED MORE T HAN 6 5
MONTHS BEFORE THE FI LING OF THE CHARGE . 6
(C) (1) THE DEPUTY DIR ECTORS SHALL ENDEAVO R AT ALL TIMES TO 7
SEEK INFORMAL RESOLU TION OF CHARGES OR C OMPLAINTS. 8
(2) THE BOARD AND THE APPROPR IATE DEPUTY DIRECTOR SHALL 9
MAKE ALL PRACTICAL A ND REASONABLE EFFORT S TO RESOLVE CHARGES AND 10
COMPLAINTS OF UNFAIR LABOR PRACTICES IN A SWIFT MANNER . 11
(D) FOR THE PURPOSES OF E XAMINATION AND THE R IGHT TO COPY, THE 12
BOARD AND THE DEPUTY DIRECTORS SHALL AT A LL REASONABLE TIMES HAVE 13
ACCESS TO EVIDENCE O F A PERSON BEING INV ESTIGATED OR PROCEED ED AGAINST 14
THAT RELATES TO A MA TTER UNDER INVESTIGA TION OR IN QUESTION UNDER THIS 15
SECTION. 16
(E) (1) IF THERE IS A CHARGE OF AN UNFAIR LABOR P RACTICE 17
RESULTING FROM A PAR TY’S CONDUCT IN COLLECT IVE BARGAINING AND T HAT IS 18
ALLEGED TO HAVE AN E FFECT ON THE COURSE OF COLLECTIVE BARGAI NING: 19
(I) THE APPROPRIATE DEPU TY DIRECTOR SHALL DETERMINE 20
WHETHER THERE IS PRO BABLE CAUSE FOR THE BOARD TO ISSUE A COMP LAINT; 21
(II) IF THE DEPUTY DIRECT OR DETERMINES THERE IS 22
PROBABLE CAUSE , THE BOARD SHALL ISSUE A C OMPLAINT WITHIN 30 DAYS AFTER 23
THE FILING OF THE CH ARGE; AND 24
(III) IF A COMPLAINT IS ISSUED , THE BOARD SHALL RESOLVE 25
THE COMPLAINT AND IS SUE A FINAL DECISION WITHIN 90 DAYS AFTER THE FILIN G 26
OF THE CHARGE . 27
(2) THE BOARD MAY ACCELERATE THE TIME TO RESOLVE CHARGES 28
AND COMPLAINTS IN EX IGENT CIRCUMSTANCES UNDER REGULATIONS AD OPTED BY 29
THE BOARD. 30
(F) (1) THE APPROPRIATE DEPUT Y DIRECTOR SHALL PROSECUTE ANY 31
CHARGE FOR WHICH THE BOARD HAS ISSUED A CO MPLAINT IN A HEARING BEFORE 32
PROVIDE RELEVANT INF ORMATION GATHERED IN THE INVESTIGATION OF A CHARGE 33 SENATE BILL 367 45
OR COMPLAINT OF UNFA IR LABOR PRACTICES TO THE BOARD OR AND THE OFFICE 1
OF ADMINISTRATIVE HEARINGS. 2
(2) (G) THE CHARGING PARTY HA S THE RIGHT TO PARTI CIPATE IN 3
ANY HEARING BEFORE T HE BOARD OR THE OFFICE OF ADMINISTRATIVE 4
HEARINGS. 5
(G) (H) THE BOARD SHALL ACCEPT DO CUMENTS FILED BY E –MAIL. 6
21–308. 7
(A) IF A PERSON FAILS TO COMPLY WITH AN ORDER ISSUED BY THE BOARD, 8
A MEMBER OF THE BOARD MAY PETITION TH E CIRCUIT COURT TO O RDER THE 9
PERSON TO COMPLY WIT H THE BOARD’S ORDER. 10
(B) THE BOARD MAY NOT BE REQU IRED TO POST BOND IN AN ACTION 11
UNDER SUBSECTION (A) OF THIS SECTION. 12
21–309. 13
(A) THE BOARD IS NOT BOUND BY ANY PRIOR REGULATION , ORDER, 14
ACTION, OPINION, OR DECISION OR ACTION OF THE STATE LABOR RELATIONS 15
BOARD, THE PUBLIC SCHOOL LABOR RELATIONS BOARD, OR THE STATE HIGHER 16
EDUCATION LABOR RELATIONS BOARD, EXCEPT FOR DECISIONS REGARDING UNIT 17
COMPOSITION UNDER § 21–401(C) OF THIS TITLE. 18
(B) THE BOARD IS BOUND BY PRI OR OPINIONS AND DECI SIONS OF A LABOR 19
BOARD LISTED UNDER S UBSECTION (A) OF THIS SECTION. 20
(B) (C) A PRIOR ORDER , ACTION, OPINION, OR DECISION OR ACTION OF A 21
LABOR BOARD LISTED U NDER SUBSECTION (A) OF THIS SECTION OR A NY OTHER 22
BODY MAY BE CONSIDER ED FOR ITS PERSUASIV E VALUE. 23
(C) (D) THE BOARD SHALL BE BOUND BY JUDICIAL ORDERS R EGARDING 24
THE SCOPE OF BARGAIN ING UNDER TITLE 6, SUBTITLES 4 AND 5 OF THE 25
EDUCATION ARTICLE. 26
SUBTITLE 4. ELECTIONS AND CERTIFICATION OF EXCLUSIVE REPRESENTATIVES . 27
21–401. 28
(A) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, THE BOARD 29
SHALL CONDUCT AN ELE CTION FOR AN EXCLUSI VE REPRESENTATIVE OF A 30
BARGAINING UNIT IF : 31 46 SENATE BILL 367
(1) A VALID PETITION IS FILED IN ACCORDANCE WITH § 21–402 OF 1
THIS SUBTITLE; AND 2
(2) THE BARGAINING UNIT INVOLVED IN THE PETI TION IS 3
DETERMINED TO BE AN APPROPRIATE BARGAINI NG UNIT UNDER § 21–403 OF THIS 4
SUBTITLE. 5
(B) THE BOARD MAY NOT CONDUCT AN EL ECTION FOR AN EXCLUS IVE 6
REPRESENTATIVE OF A BARGAINING UNIT IF T HE BOARD HAS CONDUCTED A N 7
ELECTION OR CERTIFIE D AN EXCLUSIVE REPRE SENTATIVE FOR THAT B ARGAINING 8
UNIT WITHIN THE IMME DIATELY PRECEDING 12 MONTHS. 9
(C) (1) AN EXCLUSIVE REPR ESENTATIVE OR A BARG AINING UNIT IN 10
EXISTENCE ON JUNE 30, 2023: 11
(I) SHALL CONTINUE WITHO UT THE REQUIREMENT O F AN 12
ELECTION AND CERTIFI CATION UNTIL A QUEST ION CONCERNING REPRE SENTATION 13
IS RAISED UNDER THIS TITLE; OR 14
(II) UNTIL THE BOARD FINDS THE UNI T NOT TO BE 15
APPROPRIATE AFTER CH ALLENGE BY THE PUBLI C EMPLOYER , A MEMBER OF THE 16
UNIT, OR AN EMPLOYEE ORGAN IZATION. 17
(2) (I) THE APPROPRIATENESS O F THE UNIT MAY NOT B E 18
CHALLENGED UNTIL THE EXPIRATION OF ANY CO LLECTIVE BARGAINING 19
AGREEMENT IN EFFECT ON JUNE 30, 2023. 20
(II) THE BOARD MAY NOT MODIFY ANY BARGAINING UNIT 21
DETERMINED UNDER EXI STING LAW. 22
21–402. 23
(A) A PETITION FOR THE ELECTION OF AN EXCLUSIVE REPRESENTA TIVE OF 24
A BARGAINING UNIT MA Y BE FILED WITH THE BOARD BY: 25
(1) AN EMPLOYEE ORGANIZA TION SEEKING CERTIFI CATION AS AN 26
EXCLUSIVE REPRESENTA TIVE; OR 27
(2) AN EMPLOYEE , A GROUP OF EMPLOYEES , OR AN EMPLOYEE 28
ORGANIZATIO N SEEKING A NEW ELEC TION TO DETERMINE AN EXCLUSIVE 29
REPRESENTATIVE . 30
(B) A PETITION SHALL : 31 SENATE BILL 367 47
(1) CONTAIN THE INFORMAT ION THE BOARD REQUIRES ; AND 1
(2) BE ACCOMPANIED BY A SHOWING OF INTEREST FORMS FROM 30% 2
OF THE EMPLOYEES IN THE APPROPRIATE UNIT INDICATING THEIR DES IRE TO BE 3
EXCLUSIVELY REPRESEN TED BY THE EXCLUSIVE REPRESENTATIVE NAMED IN THE 4
PETITION FOR THE PUR POSE OF COLLECTIVE B ARGAINING. 5
(C) IF THE BOARD DETERMINES THAT A REQUIRED SHOW ING OF INTEREST 6
IS NOT ADEQUATE , THE BOARD: 7
(1) SHALL ALLOW AT A MIN IMUM AN ADDITIONAL 30 DAYS FOR THE 8
PETITIONER TO SUBMIT ADDITIONAL SHOWING O F INTEREST FORMS AFT ER THE 9
PETITIONER IS NOTIFI ED OF THE DETERMINAT ION; AND 10
(2) MAY, FOR GOOD CAUSE , PROVIDE ADDITIONAL T IME TO THE 11
PETITIONER TO PROVID E ADDITIONAL FORMS . 12
(D) IF A PETITION IS SUPP ORTED BY MORE THAN 50% OF THE PUBLIC 13
EMPLOYEES IN THE BAR GAINING UNIT , THE PUBLIC EMPLOYER SHALL 14
IMMEDIATELY RECOGNIZ E THE EMPLOYEE ORGAN IZATION AS THE EXCLUSIVE 15
REPRESENTATIVE AND A FFORD TO THE EXCLUSI VE REPRESENTATIVE AN D ITS 16
MEMBERS ALL RIGHTS D UE UNDER THIS TITLE . 17
(E) (1) A PETITION FILED UNDER SUBSECTION (A) OF THIS SECTION 18
SHALL INCLUDE SHOWIN G OF INTEREST FORMS PROVIDED TO THE BOARD FROM AN 19
EMPLOYEE ORGANIZATIO N. 20
(2) THE BOARD SHALL ACCEPT A SHOWING OF INTEREST FORM 21
WHETHER OR NOT THE S IGNATURES ON THE FOR M ARE ELECTRONIC OR 22
HANDWRITTEN . 23
(3) (I) FOR AN ELECTION THAT IS CONDUCTED TO DETE RMINE 24
WHETHER AN EXCLUSIVE REPRESENTATIVE SHOULD REPRESENT A U NIT, A 25
SHOWING OF INTEREST FORM IS VALID IF THE SIGNATURES WERE COLL ECTED 26
WITHIN THE 18–MONTH PERIOD IMMEDIA TELY PRECEDING THE D ATE ON WHICH A 27
PETITION FOR THE ELE CTION IS FILED. 28
(II) FOR AN ELECTION THAT IS CONDUCTED TO DETE RMINE 29
WHETHER AN EXCLUSIVE REPRESENTATIVE SHOUL D NO LONGER REPRESEN T A 30
UNIT, A SHOWING OF INTERES T FORM IS VALID IF T HE SIGNATURES WERE 31
COLLECTED WITHIN THE 90–DAY PERIOD IMMEDIATE LY PRECEDING THE DAT E ON 32
WHICH THE PETITION F OR ELECTION IS FILED . 33
48 SENATE BILL 367
(4) A SHOWING OF INTEREST FORM MAY BE USED BY A PUBLIC 1
EMPLOYEE FOR EACH PU BLIC EMPLOYER THAT E MPLOYS THE PUBLIC EM PLOYEE. 2
(F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A PUBLIC 3
EMPLOYER SHALL PROVI DE TO THE BOARD AND THE EMPLOYE E ORGANIZATION AN 4
ALPHABETICAL LIST OF PUBLIC EMPLO YEES IN EACH BARGAIN ING UNIT WITHIN 2 5
DAYS AFTER A PETITIO N FOR AN ELECTION IS FILED. 6
(2) THE LIST REQUIRED TO BE PROVIDED UNDER PA RAGRAPH (1) OF 7
THIS SUBSECTION SHAL L: 8
(I) INCLUDE FOR EACH PUB LIC EMPLOYEE ON THE PAYROLL 9
FOR THE LAST PAY PERIOD BEFO RE A PETITION FOR EL ECTION IS FILED , THE 10
PUBLIC EMPLOYEE ’S: 11
1. NAME; 12
2. POSITION CLASSIFICAT ION; 13
3. HOME AND WORK SITE A DDRESSES WHERE THE 14
EMPLOYEE RECEIVES IN TEROFFICE OR UNITED STATES MAIL; 15
4. HOME AND WORK SITE T ELEPHONE NUMBERS ; 16
5. PERSONAL CELL PHONE NUMBER; AND 17
6. WORK E–MAIL ADDRESS ; AND 18
(II) IDENTIFY EACH PUBLIC EMPLOYEE THAT SHOULD BE 19
EXCLUDED AS AN ELIGI BLE VOTER WITH A STA TEMENT EXPLAINING TH E REASON 20
FOR THE EXCLUSION . 21
(3) A PUBLIC EMPLOYER MAY NOT CHALLENGE TH E ELIGIBILITY OF 22
A PUBLIC EMPLOYEE ’S VOTE IN AN ELECTIO N IF THE EMPLOYER FA ILS TO EXPLAIN 23
AS REQUIRED UNDER PA RAGRAPH (2) OF THIS SUBSECTION T HE REASON FOR 24
EXCLUDING A PUBLIC E MPLOYEE UNDER THIS S UBSECTION. 25
(4) ON APPLICATION BY A P UBLIC EMPLOYER OR AN EMPLOYEE 26
ORGANIZATION , THE BOARD MAY DETERMINE T HAT A PUBLIC EMPLOYE R SHALL BE 27
DESIGNATED AS A JOIN T PUBLIC EMPLOYER OF A PUBLIC EMPLOYEE WI THIN A 28
BARGAINING UNIT UNDE R THIS SUBTITLE WHEN THE DESIGNATION WOUL D BEST 29
EFFECTUATE THE PURPO SES OF THIS TITLE. 30
21–403. 31 SENATE BILL 367 49
(A) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, TITLE 6, 1
SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, TITLE 16, SUBTITLE 7 OF THE 2
EDUCATION ARTICLE, OR TITLE 3 OF THE STATE PERSONNEL AND PENSIONS 3
ARTICLE, THE BOARD SHALL DETE RMINE THE APPROPRIAT ENESS OF EACH 4
BARGAINING UNIT . 5
(2) IF THERE IS NO DISPUT E ABOUT THE APPROPRI ATENESS OF THE 6
ESTABLISHMENT OF THE BARGAINING UNIT , THE BOARD SHALL ISSUE AN ORDER 7
DEFINING AN APPROPRI ATE BARGAINING UNIT . 8
(3) IF THERE IS A DISPUTE ABOUT THE APPROPRIATENE SS OF THE 9
ESTABLISHMENT OF THE BARGAINING UNIT , THE BOARD SHALL: 10
(I) CONDUCT A HEARING ; AND 11
(II) ISSUE AN ORDER DEFIN ING AN APPROPRIATE B ARGAINING 12
UNIT. 13
(B) IF THE APPROPRIATE BA RGAINING UNIT AS DET ERMINED BY THE 14
BOARD DIFFERS FROM THE BARGAINING UNIT DESCRIBED IN TH E PETITION, THE 15
BOARD MAY: 16
(1) DISMISS THE PETITION ; OR 17
(2) DIRECT AN ELECTION I N THE APPROPRIATE BA RGAINING UNIT IF 18
AT LEAST 30% OF THE SIGNATURES IN CLUDED IN THE PETITI ON ARE OF EMPLOYEES 19
IN THE APPROPRIATE BARGAINING UNIT . 20
(C) A BARGAINING UNIT MAY CONSIST ONLY OF PUBL IC EMPLOYEES. 21
21–404. 22
EACH EMPLOYEE ORGANIZ ATION THAT SEEKS CER TIFICATION AS AN 23
EXCLUSIVE REPRESENTA TIVE SHALL FILE WITH THE BOARD: 24
(1) A COPY OF THE EMPLOY EE ORGANIZATION ’S GOVERNING 25
DOCUMENTS THAT : 26
(I) GIVE INDIVIDUAL MEMB ERS THE RIGHT TO PAR TICIPATE IN 27
ACTIVITIES OF THE OR GANIZATION; 28
50 SENATE BILL 367
(II) REQUIRE PERIODIC ELE CTIONS BY SECRET BAL LOT THAT 1
ARE CONDUCTED WITH R ECOGNIZED SAFEGUARDS TO ENSURE THE EQUAL RIGHTS 2
OF ALL MEMBERS TO NOMINATE, SEEK OFFICE, AND VOTE IN THE ELEC TIONS; AND 3
(III) DIRECT FULL AND ACCU RATE ACCOUNTING OF A LL INCOME 4
AND EXPENSES USING S TANDARD ACCOUNTING M ETHODS; AND 5
(2) A CERTIFICATION THAT THE EMPLOYEE ORGANIZ ATION ACCEPTS 6
MEMBERS WITHOUT REGA RD TO ANY CHARACTERISTIC LIS TED IN § 21–201(D) OF 7
THIS TITLE. 8
21–405. 9
(A) (1) WITHIN 5 DAYS AFTER DETERMINI NG THAT A VALID PETI TION HAS 10
BEEN SUBMITTED UNDER § 21–402 OF THIS SUBTITLE , THE BOARD SHALL NOTIFY 11
INTERESTED EMPLOYEE ORGANIZATIONS OF THE PENDING ELECT ION PETITION. 12
(2) WITHIN 10 DAYS AFTER DETERMINI NG THAT A VALID PETI TION 13
HAS BEEN SUBMITTED U NDER § 21–402 OF THIS SUBTITLE, THE PUBLIC EMPLOYER , 14
AS APPROPRIATE , SHALL MAKE AVAILABLE TO ALL INTERESTED EM PLOYEE 15
ORGANIZATIONS REASON ABLE AND EQUIVALENT MEANS TO COMMUNICATE BY MAIL 16
AND IN PERSON WITH E ACH EMPLOYEE IN THE APPROPRIATE BARGAINI NG UNIT FOR 17
THE PURPOSE OF SOLIC ITING THE EMPLOYEE ’S VOTE IN AN ELECTIO N HELD UNDER 18
THIS SECTION. 19
(B) AN ELECTION SHALL BE HELD IN A BARGAINING UNIT WITHIN 90 DAYS 20
AFTER THE FILING OF A VA LID PETITION FOR ELE CTION IN THE BARGAIN ING UNIT 21
IN ACCORDANCE WITH G UIDELINES ESTABLISHE D BY THE BOARD. 22
(C) (1) (I) THE BOARD SHALL CONDUCT T HE ELECTION: 23
1. BY SECRET BALLOT ; AND 24
2. SUBJECT TO SUBPARAGR APH (II) OF THIS 25
PARAGRAPH, IN WHOLE OR IN PART BY IN–PERSON VOTING , MAIL, OR AN 26
ELECTRONIC VOTING SY STEM. 27
(II) THE BOARD MAY DESIGNATE T HE TIME PERIOD FOR 28
IN–PERSON VOTING UNDER SUBPARAGRAPH (III) OF THIS PARAGRAPH ON LY AFTER 29
CONSULTING WITH THE PUBLIC EMPLOYER AND EMPLOYEE ORGANIZATIO NS ON THE 30
BALLOT. 31
(III) 1. THE BOARD SHALL ALLOW AT LEAST 10 DAYS OF 32
VOTING FOR AN ELECTI ON CONDUCTED UNDER S UBPARAGRAPH (I) OF THIS 33 SENATE BILL 367 51
PARAGRAPH , UNLESS AN EMPLOYEE O RGANIZATION ON THE B ALLOT REQUESTS AN 1
EXTENSION. 2
2. IF THE VOTING SYSTEM IS INOPERA BLE, THE BOARD 3
MAY EXTEND THE TIME PERIOD FOR VOTING . 4
(2) (I) AN EMPLOYEE ORGANIZAT ION ON A BALLOT MAY REQUEST 5
A PREFERRED METHOD O F VOTING AT THE TIME A PETITION FOR ELECT ION IS FILED 6
WITH THE BOARD. 7
(II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS 8
PARAGRAPH , THE BOARD SHALL DESIGNATE THE METHOD OF VOTING BASED ON 9
THE REQUESTS OF THE EMPLOYEE ORGANIZATIO NS ON THE BALLOT . 10
(III) IF THERE IS A DISPUTE BETWEEN TWO OR MORE EMPLOYEE 11
ORGANIZATIONS ON THE BALLOT OVER THE METH OD OF VOTING, THE BOARD MAY 12
DESIGNATE THE METHOD OF VOTING. 13
(3) THE BOARD SHALL PLACE THE FOLLOWING CHOICES ON THE 14
BALLOT: 15
(I) THE NAME OF THE EXCL USIVE REPRESENTATIVE , IF ANY; 16
(II) THE NAME OF THE EMPL OYEE ORGANIZATION DE SIGNATED 17
IN THE PETITION F ILED UNDER § 21–402 OF THIS SUBTITLE WIT H RESPECT TO AN 18
APPROPRIATE BARGAINI NG UNIT; 19
(III) THE NAME OF EACH EMP LOYEE ORGANIZATION 20
DESIGNATED IN A PETI TION FILED WITH THE BOARD, WITHIN 15 DAYS OF NOTICE OF 21
THE PENDING ELECTION PETITION, THAT INCLUDES THE SIGNATURES OF AT LEAST 22
10% OF THE EMPLOYEES IN THE APPROPRIATE BARG AINING UNIT; AND 23
(IV) A PROVISION FOR “NO EXCLUSIVE REPRESE NTATIVE”. 24
(D) IF NONE OF THE CHOICE S ON A BALLOT RECEIV ES A MAJORITY OF THE 25
VOTES CAST IN AN ELE CTION, THE BOARD SHALL C ONDUCT A RUNOFF ELEC TION 26
BETWEEN THE CHOICES THAT RECEIVED THE TW O HIGHEST NUMBER OF VOTES IN 27
THE ELECTION . 28
21–406. 29
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , THE 30
BOARD SHALL CERTIFY A S EXCLUSIVE REPRESEN TATIVE THE EMPLOYEE 31 52 SENATE BILL 367
ORGANIZATION R ECEIVING THE VOTES I N AN ELECTION FROM A MAJORITY OF THE 1
EMPLOYEES VOTING IN THE ELECTION . 2
(B) AFTER NOTICE AND AN O PPORTUNITY FOR A HEA RING, THE BOARD MAY 3
DENY OR REVOKE CERTI FICATION AS EXCLUSIV E REPRESENTATIVE OF AN 4
EMPLOYEE ORGANIZATIO N FOR WILLFUL FAILURE TO COMPLY WI TH THIS TITLE. 5
(C) NOTWITHSTANDING ANY O THER PROVISION OF TH IS SUBTITLE, THE 6
BOARD SHALL CERTIFY T HE EMPLOYEE ORGANIZA TION AS THE EXCLUSIV E 7
REPRESENTATIVE WITHO UT AN ELECTION IF : 8
(1) A PETITION FOR AN EX CLUSIVE REPRESENTATI VE HAS BEEN 9
FILED FOR A BARGAINI NG UNIT; 10
(2) THE BOARD FINDS THAT A MA JORITY OF THE EMPLOY EES IN THE 11
BARGAINING UNIT HAVE SIGNED VALID AUTHORI ZATIONS DESIGNATING THE 12
EMPLOYEE ORGANIZATIO N AS THEIR EXCLUSIVE REPRESENTATIVE ; AND 13
(3) NO OTHER EMPLOYEE OR GANIZATION IS CURRENTLY CER TIFIED 14
OR RECOGNIZED AS THE EXCLUSIVE REPRESENTA TIVE OF THE BARGAINI NG UNIT. 15
21–407. 16
NAMES OR LISTS OF EMP LOYEES PROVIDED TO T HE BOARD IN CONNECTION 17
WITH AN ELECTION UND ER THIS SUBTITLE ARE NOT SUBJECT TO DISCL OSURE IN 18
ACCORDANCE WIT H TITLE 4 OF THE GENERAL PROVISIONS ARTICLE. 19
SUBTITLE 5. COLLECTIVE BARGAINING. 20
21–501. 21
(A) REPRESENTATIVES OF PU BLIC EMPLOYERS AND E XCLUSIVE 22
REPRESENTATIVES SHAL L MEET AT REASONABLE TIMES AND ENGAGE IN 23
COLLECTIVE BARGAININ G IN GOOD FAITH AND TO CONCLU DE A WRITTEN 24
MEMORANDUM OF UNDERS TANDING OR OTHER NEG OTIATED AGREEMENT IN 25
ACCORDANCE WITH TITLE 6, SUBTITLE 4 OR 5 OF THE EDUCATION ARTICLE, TITLE 26
16, SUBTITLE 7 OF THE EDUCATION ARTICLE, OR TITLE 3 OF THE STATE 27
PERSONNEL AND PENSIONS ARTICLE. 28
(B) EACH NEGOTIATED AGREEMENT BETWEEN A PUBLIC EMP LOYER AND 29
AN EXCLUSIVE REPRESE NTATIVE SHALL CONTAI N A PROCEDURE BY WHI CH A 30
DISPUTE REGARDING TH E TERMS AND APPLICAT IONS OF THE NEGOTIAT ED 31
AGREEMENT MAY BE RES OLVED BY AN IMPARTIA L ARBITER IN A PROCE EDING 32 SENATE BILL 367 53
WHICH BINDS BOTH THE PUBLIC EMPL OYER AND THE EMPLOYE E ORGANIZATION TO 1
THE RESULT. 2
21–502. 3
(A) THIS SECTION APPLIES TO EMPLOYEE ORGANIZA TIONS THAT 4
REPRESENT PUBLIC EMP LOYEES ENTITLED TO U SE THE GRIEVANCE AND APPEAL 5
PROCEDURES ESTABLISH ED UNDER: 6
(1) TITLES 11 AND 12 OF THE STATE PERSONNEL AND PENSIONS 7
ARTICLE; 8
(2) TITLE 13, SUBTITLE 2 OF THE EDUCATION ARTICLE; 9
(3) § 14–302, § 14–408, OR § 16–510 OF THE EDUCATION ARTICLE; OR 10
(4) § 2–103.4(D) OF THE TRANSPORTATION ARTICLE. 11
(B) IF MEMBERS OF AN EMPL OYEE ORGANIZATION ARE ENT ITLED TO RAISE 12
GRIEVANCES OF PUBLIC EMPLOYER ACTIONS UND ER THE GRIEVANCE AND APPEAL 13
PROCEDURES ESTABLISH ED UNDER A PROVISION OF LAW LISTED UNDER 14
SUBSECTION (A) OF THIS SECTION , THE GRIEVANCE AND AP PEAL PROCEDURES 15
SHALL SERVE AS THE PROCEDURE FOR THE RE SOLUTION OF DISPUTES REGARDING 16
THE TERMS AND APPLIC ATION OF MEMORANDA O F UNDERSTANDING , NEGOTIATED 17
AGREEMENTS , OR OTHER FINAL WRITT EN AGREEMENTS , TO WHICH EMPLOYEE 18
ORGANIZATIONS ARE A PARTY. 19
(C) AN EXCLUSIVE REPRESEN TATIVE MAY GRIEVE ALLEGED VIOLATIONS 20
OF A MEMORANDUM OF U NDERSTANDING , NEGOTIATED AGREEMENT , OR OTHER 21
FINAL WRITTEN AGREEM ENT, AS THE REAL PARTY IN INTEREST UNDER A 22
GRIEVANCE PROCEDURE ESTABLISHED UNDER A PROVISION OF LAW LIS TED UNDER 23
SUBSECTION (A) OF THIS SECTION. 24
(D) THE OFFICE OF ADMINISTRATIVE HEARINGS SHALL HAVE 25
JURISDICTION TO RESO LVE ANY DISPUTE REGA RDING A MEMORANDUM O F 26
UNDERSTANDING , NEGOTIATED AGREEMENT , OR OTHER FINAL WRITT EN 27
AGREEMENT , WHEN GRIEVED THROUGH A GRIEVANCE PROCEDUR E CITED IN 28
SUBSECTION (A) OF THIS SECTION. 29
SUBTITLE 6. SHORT TITLE. 30
21–601. 31
54 SENATE BILL 367
THIS TITLE MAY BE CIT ED AS THE MARYLAND PUBLIC EMPLOYEE RELATIONS 1
ACT. 2
Article – State Personnel and Pensions 3
3–101. 4
(a) In this title the following words have the meanings indicated. 5
(b) “Board” means[: 6
(1) with regard to any matter relating to employees of any of the units of 7
State government described in § 3–102(a)(1)(i) through (iv) and (vi) through (xii) of this 8
subtitle and employees described in § 3–102(a)(2) and (3) of this subtitle, the State Labor 9
Relations Board; and 10
(2) with regard to any matter relating to employees of any State institution 11
of higher education described in § 3–102(a)(1)(v) of this subtitle, the State Higher Education 12
Labor Relations Board] THE PUBLIC EMPLOYEE RELATIONS BOARD. 13
(c) “Chancellor” has the meaning stated in § 12–101 of the Education Article. 14
(d) “Collective bargaining” means: 15
(1) good faith negotiations by authorized representatives of employees and 16
their employer with the intention of: 17
(i) 1. reaching an agreement about wages, hours, and other 18
terms and conditions of employment; and 19
2. incorporating the terms of the agreement in a written 20
memorandum of understanding or other written understanding; or 21
(ii) clarifying terms and conditions of employment; 22
(2) administration of terms and conditions of employment; or 23
(3) the voluntary adjustment of a dispute or disagreement between 24
authorized representatives of employees and their employer that arises under a 25
memorandum of understanding or other written understanding. 26
(e) “Employee organization” [means a labor or other organization in which State 27
employees participate and that has as one of its primary purposes representing employees] 28
HAS THE MEANING STAT ED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE. 29
SENATE BILL 367 55
(f) “Exclusive representative” [means an employee organization that has been 1
certified by the Board as an exclusive representative under Subtitle 4 of this title] HAS THE 2
MEANING STATED IN § 21–101 OF THE STATE GOVERNMENT ARTICLE. 3
(g) (1) “Faculty at the Maryland School for the Deaf” means employees who 4
have been granted the following status by the Board of Trustees of the Maryland School for 5
the Deaf: 6
(i) after–school program counselors; 7
(ii) American Sign Language specialists; 8
(iii) athletic trainers; 9
(iv) behavior specialists; 10
(v) clerical aides; 11
(vi) dorm counselors; 12
(vii) employment specialists; 13
(viii) instructional technology resource specialists; 14
(ix) librarians; 15
(x) literacy and reading specialists; 16
(xi) occupational therapists; 17
(xii) orientation and mobility specialists; 18
(xiii) physical therapists; 19
(xiv) school counselors; 20
(xv) school IEP coordinators; 21
(xvi) school nurses; 22
(xvii) school social workers; 23
(xviii) speech–language pathologists; 24
(xix) student support specialists; 25
(xx) teachers; 26 56 SENATE BILL 367
(xxi) teacher aides; 1
(xxii) transition coordinators; and 2
(xxiii) work–to–learn specialists. 3
(2) “Faculty at the Maryland School for the Deaf” does not include officers 4
or supervisory employees at the Maryland School for the Deaf. 5
(h) “President” means: 6
(1) with regard to a constituent institution, as defined in § 12–101 of the 7
Education Article, the president of the constituent institution; 8
(2) with regard to a center or institute, as those terms are defined in § 9
12–101 of the Education Article, the president of the center or institute; 10
(3) with regard to the University System of Maryland Office, the 11
Chancellor of the University System of Maryland; and 12
(4) with regard to Morgan State University, St. Mary’s College of 13
Maryland, and Baltimore City Community College, the president of the institution. 14
(i) “System institution” means: 15
(1) a constituent institution, as defined in § 12–101 of the Education 16
Article; 17
(2) a center or institute, as those terms are defined in § 12–101 of the 18
Education Article; and 19
(3) the University System of Maryland Office. 20
3–102. 21
(C) EMPLOYEES, EMPLOYERS , AND EXCLUSIVE REPRES ENTATIVES 22
SUBJECT TO THIS TIT LE ARE SUBJECT TO THE P ROVISIONS OF TITLE 21 OF THE 23
STATE GOVERNMENT ARTICLE. 24
(D) (1) SUBJECT TO TITLE 21, SUBTITLE 4 OF THE STATE GOVERNMENT 25
ARTICLE, A BARGAINING UNIT SH ALL CONSIST ONLY OF EMPLOYEES DEFINED IN 26
REGULATIONS ADOPTED BY THE SECRETARY AND N OT SPECIFICALLY EXCL UDED BY 27
SUBSECTION (B) OF THIS SECTION. 28
SENATE BILL 367 57
(2) (I) EACH SYSTEM INSTITUTI ON, MORGAN STATE UNIVERSITY, 1
ST. MARY’S COLLEGE OF MARYLAND, AND BALTIMORE CITY COMMUNITY COLLEGE 2
SHALL HAVE SEPARATE BARGAINING UNITS . 3
(II) APPROPRIATE BARGAIN ING UNITS SHALL CONS IST OF: 4
1. ALL ELIGIBLE NONEXEM PT EMPLOYEES , AS 5
DESCRIBED IN THE FED ERAL FAIR LABOR STANDARDS ACT, EXCEPT ELIGIBLE 6
SWORN POLICE OFFICER S; 7
2. ALL ELIGIBLE EXEMPT EMPLOYEES, AS DESCRIBED IN 8
THE FEDERAL FAIR LABOR STANDARDS ACT; AND 9
3. ALL ELIGIBLE SWORN P OLICE OFFICERS . 10
(3) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 11
PARAGRAPH , THE SECRETARY OR THE SECRETARY’S DESIGNEE SHALL HAV E THE 12
AUTHORITY TO ASSIGN CLASSIFICATION TITLE S AND POSITIONS TO B ARGAINING 13
UNITS AS APPROPRIATE . 14
(II) THE FOLLOWING INDIVID UALS AND ENTITIES SH ALL 15
ASSIGN CLASSIFICATIO N TITLES AND POSITIO NS TO BARGAINING UNI TS AT THE 16
FOLLOWING INSTITUTIO NS: 17
1. AT A SYSTEM INSTITUT ION, THE PRESIDENT OF THE 18
SYSTEM INSTITUTION ; AND 19
2. AT MORGAN STATE UNIVERSITY, ST. MARY’S 20
COLLEGE OF MARYLAND, OR BALTIMORE CITY COMMUNITY COLLEGE, THE 21
GOVERNING BOARD OF T HE INSTITUTION. 22
(4) NOTWITHSTANDING ANY O THER PROVISION OF LA W: 23
(I) MARYLAND TRANSPORTATION AUTHORITY POLICE 24
OFFICERS AT THE RANK OF FIRST SERGEANT AND BELOW SHALL HAVE A SEPARAT E 25
BARGAINING UNIT ; AND 26
(II) FACULTY AT THE MARYLAND SCHOOL FOR THE DEAF 27
SHALL HAVE A SEPARAT E BARGAINING UNIT . 28
3–501. 29
58 SENATE BILL 367
(e) (1) [Negotiations] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 1
SUBSECTION, NEGOTIATION S for a memorandum of understanding shall be considered 2
closed sessions under § 3–305 of the General Provisions Article. 3
(2) AN EXCLUSIVE REPRESEN TATIVE MAY NOT BE CO NSIDERED A 4
PUBLIC BODY UNDER § 3–101 OF THE GENERAL PROVISIONS ARTICLE. 5
3–502. 6
(a) Collective bargaining shall include all matters relating to: 7
(1) wages, hours, and other terms and conditions of employment; and 8
(2) the time and manner of access to a new employee program [as required 9
under § 3–307 of this title] IN ACCORDANCE WITH § 21–207 OF THE STATE 10
GOVERNMENT ARTICLE. 11
(b) [(1) Collective bargaining may include negotiations relating to the right of 12
an employee organization to receive service fees from nonmembers. 13
(2) An employee whose religious beliefs are opposed to joining or financially 14
supporting any collective bargaining organization is: 15
(i) not required to pay a service fee; and 16
(ii) required to pay an amount of money as determined in collective 17
bargaining negotiations, not to exceed any service fee negotiated under paragraph (1) of 18
this subsection, to any charitable organization exempt from taxation under § 501(c)(3) of 19
the Internal Revenue Code and to furnish written proof of the payment to: 20
1. A. the Department; 21
B. in the case of an employee of the Maryland Environmental 22
Service, the Board of Directors of the Service; or 23
C. in the case of an employee of an institution of higher 24
education specified in § 3–102(a)(1)(v) of this title, the President of the institution or the 25
President’s designee; and 26
2. the exclusive representative. 27
(c)] Notwithstanding subsection (a) of this section, the representatives of the 28
State, the Maryland Environmental Service, a system institution, Morgan State 29
University, St. Mary’s College of Maryland, and Baltimore City Community College: 30
SENATE BILL 367 59
(1) [shall] MAY not be required to negotiate over any matter that is 1
inconsistent with applicable law; and 2
(2) may negotiate and reach agreement with regard to any such matter 3
only if it is understood that the agreement with respect to such matter cannot become 4
effective unless the applicable law is amended by the General Assembly. 5
SECTION 5. AND BE IT FURTHER ENACTED, That the terms of the members of 6
the Public Employee Relations Board shall expire as follows: 7
(1) one member appointed under § 21–302(a)(2) of the State Government 8
Article, as enacted by Section 3 of this Act, and one member appointed under § 21–302(a)(3) 9
of the State Government Article, as enacted by Section 3 of this Act, on June 30, 2025; 10
(2) one member appointed under § 21–302(a)(2) of the State Government 11
Article, as enacted by Section 3 of this Act, and one member appointed under § 21–302(a)(3) 12
of the State Government Article, as enacted by Section 3 of this Act, on June 30, 2029; and 13
(3) the chair appointed under § 21–302(a)(1) of the State Government 14
Article, as enacted by Section 4 of this Act, on June 30, 2027. 15
SECTION 6. AND BE IT FURTHER ENACTED, That: 16
(a) The Public Employee Relations Board shall be the successor to the State Labor 17
Relations Board, State Higher Education Labor Relations Board, and Public School Labor 18
Relations Board, and shall have all powers and duties granted by law to those boards. 19
(b) Any investigation, litigation, or other action pending before the State Labor 20
Relations Board, State Higher Education Labor Relations Board, and Public School Labor 21
Relations Board on June 30, 2023 shall continue before the Public Employee Relations 22
Board. 23
SECTION 7. AND BE IT FURTHER ENACTED, That, if any provi sion of this Act or 24
the application thereof to any person or circumstance is held invalid for any reason in a 25
court of competent jurisdiction, the invalidity does not affect other provisions or any other 26
application of this Act that can be given effect without the invalid provision or application, 27
and for this purpose the provisions of this Act are declared severable. 28
SECTION 8. AND BE IT FURTHER ENACTED, That this Act shall take effect July 29
1, 2023. 30