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.
*hb0609*
HOUSE BILL 609
F5 4lr1466
CF SB 591
By: Delegates Solomon, S. Johnson, Forbes, Harris, A. Johnson, D. Jones,
J. Lewis, Ruff, and Shetty
Introduced and read first time: January 25, 2024
Assigned to: Appropriations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 27, 2024
CHAPTER ______
AN ACT concerning 1
Education – Public Libraries – Collective Bargaining 2
(Library Workers Empowerment Act) 3
FOR the purpose of authorizing employees of certain public libraries to form, join, and 4
participate in an employee organization and engage in certain other activities related 5
to collective bargaining; requiring certain employers and certified exclusive 6
representatives to engage in good faith bargaining; establishing a collective 7
bargaining process for employees of certain public libraries; establishing a process 8
for resolving impasses during collective bargaining; prohibiting employers and 9
employee organizations from engaging in certain actions regarding the exercise of an 10
employee’s rights under this Act; prohibiting employers, employees, and employee 11
organizations from engaging in certain actions related to strikes, work stoppages, 12
boycotts, and lockouts; repealing certain provisions of law rendered obsolete by 13
certain provisions of this Act; and generally relating to collective bargaining for 14
employees of public libraries. 15
BY repealing 16
Article – Education 17
Section 23–601 through 23–614 and the subtitle “Subtitle 6. Howard County Library 18
System – Collective Bargaining” 19
Annotated Code of Maryland 20
(2022 Replacement Volume and 2023 Supplement) 21
BY adding to 22 2 HOUSE BILL 609
Article – Education 1
Section 23–901 through 23–913 to be under the new subtitle “Subtitle 9. Public 2
Libraries – Collective Bargaining” 3
Annotated Code of Maryland 4
(2022 Replacement Volume and 2023 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That Section(s) 23–601 through 23–614 and the subtitle “Subtitle 6. Howard County 7
Library System – Collective Bargaining” of Article – Education of the Annotated Code of 8
Maryland be repealed. 9
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 10
as follows: 11
Article – Education 12
SUBTITLE 9. PUBLIC LIBRARIES – COLLECTIVE BARGAINING. 13
23–901. 14
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 15
INDICATED. 16
(B) (1) “CERTIFIED EXCLUSIVE R EPRESENTATIVE ” MEANS THE 17
EMPLOYEE ORGA NIZATION THAT HAS BE EN CERTIFIED AS THE COLLECTIVE 18
BARGAINING AGENT FOR A BARGAINING UNIT . 19
(2) “CERTIFIED EXCLUSIVE R EPRESENTATIVE ” INCLUDES AN 20
EMPLOYEE ORGANIZATIO N CERTIFIED TO EXCLU SIVELY REPRESENT PUB LIC 21
LIBRARY EMPLOYEES BE FORE JULY 1, 2024. 22
(C) “CONFIDENTIAL EMPLOYEE ” MEANS AN EMPLOYEE WH O: 23
(1) IS REQUIRED TO DEVELO P OR PRESENT MANAGEM ENT POSITIONS 24
WITH RESPECT TO EMPL OYER–EMPLOYEE RELATIONS ; AND 25
(2) WHOSE DUTIES NORMALLY REQUIRE ACCESS TO CO NFIDENTIAL 26
INFORMATION THAT CON TRIBUTES SIGNIFICA NTLY TO THE DEVELOPM ENT OF THE 27
MANAGEMENT POSITIONS WITH RESPECT TO EMPL OYER–EMPLOYEE RELATIONS . 28
(D) “DIRECTOR” MEANS THE DIRECTOR , CHIEF EXECUTIVE OFFI CER, OR 29
CHIEF OFFICER OF THE APPLICABLE PUBLIC LI BRARY SYSTEM , OR THE DESIGNEE 30
OF THE DIRECTOR , CHIEF EXECUTIVE OFFICER , OR CHIEF OFFICER . 31
HOUSE BILL 609 3
(E) (1) “EMPLOYEE” MEANS A FULL–TIME OR PART–TIME EMPLOYEE OF 1
A PUBLIC LIBRARY SYS TEM. 2
(2) “EMPLOYEE” DOES NOT INCLUDE A C ONFIDENTIAL EMPLOYEE , 3
MANAGEMENT EMPLOYEE , OR SUPERVISORY EMPLO YEE. 4
(F) “EMPLOYEE ORGANIZATION ” MEANS AN ORGANIZATIO N THAT ADMITS 5
EMPLOYEES OF THE EMP LOYER AS MEMBERS AND HAS AS A PRIMARY PUR POSE THE 6
REPRESENTATION OF TH E EMPLOYEES IN THEIR RELATIONS WITH THE E MPLOYER. 7
(G) “EMPLOYER” MEANS A PUBLIC LIBRA RY SYSTEM AND , WHERE 8
APPLICABLE, THE BOARD OF TRUSTEE S FOR THE PUBLIC LIB RARY SYSTEM. 9
(H) “GOVERNING BODY ” MEANS: 10
(1) (I) FOR A CHARTER COUNTY THAT DOES NOT HAVE A N 11
ELECTED CHIEF EXECUT IVE OFFICER, THE COUNTY COUNCIL ; OR 12
(II) FOR A CHARTER COUNTY THAT HAS AN ELECTED CHIEF 13
EXECUTIVE OFFICER, THE COUNTY COUNCIL O R THE COUNTY COUNCIL AND THE 14
COUNTY EXECUTIVE , AS PROVIDED BY THE C OUNTY CHARTER ; 15
(2) FOR A CODE OR COMMISS ION COUNTY , THE COUNTY 16
COMMISSIONERS ; OR 17
(3) FOR BALTIMORE CITY, THE MAYOR AND CITY COUNCIL OF 18
BALTIMORE CITY. 19
(I) “MANAGEMENT EMPLOYEE ” MEANS AN EMPLOYEE WH O GENERALLY 20
HAS AUTHORITY AND WH O: 21
(1) FORMULATES POLICY THA T IS APPLICABLE THRO UGHOUT A 22
BARGAINING UNIT ; 23
(2) HAS A SIGNIFICANT ROL E IN PERSONNEL ADMIN ISTRATION, 24
EMPLOYEE RELATIONS , OR THE PREPAR ATION AND ADMINISTRA TION OF BUDGETS 25
FOR THE EMPLOYER ; OR 26
(3) MAY REASONABLY BE REQ UIRED TO: 27
(I) ASSIST DIRECTLY IN TH E PREPARATION FOR AN D CONDUCT 28
OF COLLECTIVE BARGAI NING NEGOTIATIONS ON BEHALF OF THE EMPLOY ER; OR 29
4 HOUSE BILL 609
(II) HAVE A MAJOR ROLE IN THE ADMINISTRATION O F 1
RESULTING COLLECTIVE BARGAINING AGREEMENT S. 2
(J) (1) “PUBLIC LIBRARY SYSTEM ” MEANS A COUNTY PUBLI C LIBRARY 3
SYSTEM. 4
(2) “PUBLIC LIBRARY SYSTEM ” INCLUDES THE ENOCH PRATT FREE 5
LIBRARY. 6
(3) “PUBLIC LIBRARY SYSTEM ” DOES NOT INCLUDE THE PUBLIC 7
LIBRARY SYSTEM OF BALTIMORE COUNTY, MONTGOMERY COUNTY, OR PRINCE 8
GEORGE’S COUNTY. 9
(K) “SUPERVISORY EMPLOYEE ” MEANS AN EMPLOYEE WH O IS AUTHORIZED 10
TO: 11
(1) HIRE, TRANSFER, SUSPEND, LAY OFF, RECALL, PROMOTE, 12
DISCHARGE, ASSIGN, REWARD, OR DISCIPLINE EMPLOYEES ; 13
(2) RESPONSIBLY DIRECT EM PLOYEES FOR MORE THA N 50% OF THE 14
EMPLOYEE’S WORKING HOURS ; OR 15
(3) ADDRESS AND RESOLVE T HE GRIEVANCES OF EMP LOYEES. 16
23–902. 17
(A) THERE MAY BE NOT MORE THAN TWO BARGAINING UNITS AT EACH 18
PUBLIC LIBRARY SYSTEM INCLUDING : 19
(1) ONE BARGAINING UNIT F OR EMPLOYEES ; AND 20
(2) ONE BARGAINING UNIT F OR SUPERVISORY EMPLO YEES. 21
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 22
BARGAINING UNIT MAY CONTAIN FULL–TIME OR PART–TIME EMPLOYEES . 23
(2) A BARGAINING UNIT MAY NOT INCLUDE VOLUNTEE RS OR 24
TEMPORARY EMPLOYEES WITH LESS THAN 90 DAYS OF SERVICE IN A 12–MONTH 25
PERIOD. 26
(C) (1) THIS SUBTITLE MAY NOT BE CONSTRUED TO MODI FY OR 27
TERMINATE A BARGAINI NG UNIT THAT WAS REC OGNIZED OR IN EXISTE NCE ON OR 28
BEFORE JUNE 30, 2024. 29
HOUSE BILL 609 5
(2) (I) IF AN EMPLOYEE ORGANI ZATION HAS BEEN CERT IFIED 1
UNDER STATE OR LOCAL LAW ON OR BEFORE JUNE 30, 2024, TO BE AN EXCLUSIVE 2
REPRESENTATIVE OF EM PLOYEES OF A PUBLIC LIBRARY SYSTEM , THE EMPLOYER 3
SHALL ACCRETE ALL EL IGIBLE POSITIONS I NTO THE EXISTING BAR GAINING UNIT IN 4
ACCORDANCE WITH THIS SECTION ON REQUEST O F THE EXCLUSIVE 5
REPRESENTATIVE . 6
(II) AN ACCRETION UNDER TH IS SUBSECTION SHALL BE 7
SUBJECT TO A SHOWING OF INTEREST AND ELEC TION BY EMPLOYEES IN THE 8
ACCRETED POSITIONS I N ACCORDANCE WITH THE PROCE DURES UNDER § 23–907 OF 9
THIS TITLE. 10
23–903. 11
(A) AN EMPLOYEE WHO MAY E FFECTIVELY RECOMMEND AN ACTION LISTED 12
IN § 23–901(I) OF THIS SUBTITLE MAY BE DEEMED A MANAGEME NT EMPLOYEE IF 13
THE EMPLOYEE ’S EXERCISE OF THE AU THORITY REQUIRES THE EXERCISE OF 14
INDEPENDENT JUDGMENT AND IS NOT MERELY OF A ROUTINE OR CLERICA L 15
NATURE. 16
(B) THE EXERCISE OF ANY S INGLE FUNCTION LISTE D IN § 23–901(I) OF THIS 17
SUBTITLE MAY NOT NEC ESSARILY REQUIRE THE CONCLUSION THAT THE 18
INDIVIDUAL EXERCISIN G THAT FUNCTION IS IN FACT A MANAGEMENT EMPLOYEE 19
WITHIN THE MEANING O F THE DEFINITION . 20
(C) IN DIFFERENTIATING A MANAGEMENT EMPLOYEE FROM A 21
NONMANAGEMENT EMPLOY EE: 22
(1) A CLASS TITLE ALONE MA Y NOT BE THE BASIS F OR 23
DETERMINATION ; AND 24
(2) THE NATURE OF THE MAN AGEMENT EMP LOYEE’S WORK, 25
INCLUDING WHETHER A SIGNIFICANT PORTION OF THE MANAGEMENT EM PLOYEE’S 26
WORKING TIME IS SPEN T AS PART OF A TEAM THAT INCLUDES NONMAN AGEMENT 27
EMPLOYEES, SHALL BE CONSIDERED . 28
23–904. 29
EMPLOYEES OF THE EMPL OYER MAY: 30
(1) FORM, JOIN, AND PARTICIP ATE IN AN EMPLOYEE O RGANIZATION; 31
(2) BARGAIN COLLECTIVELY THROUGH A CERTIFIED EXCLUSIVE 32
REPRESENTATIVE OF TH EIR CHOICE; 33 6 HOUSE BILL 609
(3) ENGAGE IN LAWFUL CONC ERTED ACTIVITIES FOR THEIR MUTUAL 1
AID AND PROTECTION ; AND 2
(4) REFRAIN FROM ANY ACTI VITY COVERED UNDER ITEMS (1) 3
THROUGH (3) OF THIS SECTION. 4
23–905. 5
(A) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE 6
HAVE A RESPONSIBILIT Y TO ENGAGE IN GOOD FAITH BARGAINING OVE R MATTERS 7
REQUIRED BY LAW . 8
(B) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATI VE 9
JOINTLY SHALL BE RES PONSIBLE FOR FOSTERI NG A POSITIVE LABOR RELATIONS 10
ENVIRONMENT BASED ON MUTUAL TRUST , RESPECT, COMMUNICATION , AND 11
COOPERATION . 12
(C) THE GOAL OF COLLECTIV E BARGAINING IS THE DELIVERY OF QUALITY 13
PUBLIC SERVICES TO T HE RESIDENTS OF THE STATE IN A MANNER THA T IS 14
CONSISTENT AND COMPL IANT WITH LAW. 15
23–906. 16
(A) THE EMPLOYER SHALL RE COGNIZE THE RIGHT OF THE CERTIFIED 17
EXCLUSIVE REPRESENTA TIVE TO REPRESENT TH E EMPLOYEES IN THE U NIT IN 18
COLLECTIVE BARGAININ G AND IN THE GRIEVAN CE PROCESS. 19
(B) THE CERTIFIED EXCLUSI VE REPRESENTATIVE OF A UNIT SHALL: 20
(1) SERVE AS THE SOLE AGE NT FOR THE UNIT IN C OLLECTIVE 21
BARGAINING; AND 22
(2) REPRESENT ALL EMPLOYE ES IN THE UNIT FAIRL Y AND IN GOOD 23
FAITH, IN A MANNER THAT IS NOT ARBITRARY OR DIS CRIMINATORY . 24
23–907. 25
(A) (1) AN EMPLOYEE ORGANIZAT ION SEEKING CERTIFIC ATION AS THE 26
EXCLUSIVE REPRESENTA TIVE FOR THE BARGAIN ING UNIT OF EMPLOYEE S MAY FILE 27
A PETITION WITH THE EMPLOYER INDICATING THIS INTENT. 28
(2) THE PETITION SHALL CO NTAIN: 29
HOUSE BILL 609 7
(I) A REQUEST THAT THE EMPLOYER RECOGNIZE T HE 1
EMPLOYEE ORGANIZATIO N AS THE EXCLUSIVE R EPRESENTATIVE OF THE 2
EMPLOYEES IN THE BAR GAINING UNIT; 3
(II) A STATEMENT THAT THE E MPLOYEE ORGANIZATION IS ONE 4
IN WHICH EMPLOYEES P ARTICIPATE AND THAT HAS AS ONE OF ITS PU RPOSES THE 5
REPRESEN TATION OF PUBLIC EMP LOYEES IN MATTERS OF WAGES, HOURS, AND 6
OTHER TERMS AND COND ITIONS OF EMPLOYMENT ; 7
(III) A STATEMENT THAT THE E MPLOYEE ORGANIZATION HAS NO 8
TERMS OR CONDITIONS OF MEMBERSHIP THAT D ISCRIMINATE WITH REG ARD TO 9
RACE, COLOR, CREED, GENDER, AGE, POLITICAL AFFILIATIO N, NATIONAL ORIGIN , 10
RELIGION, MARITAL STATUS , OR DISABILITY; AND 11
(IV) A STATEMENT THAT THE E MPLOYEE ORGANIZATION HAS IN 12
ITS POSSESSION WRITT EN PROOF DATED NOT M ORE THAN 18 MONTHS BEFORE THE 13
DAY ON WHICH THE PET ITION IS FILED ESTABLISHING THAT AT LEAST 30% OF THE 14
EMPLOYEES IN THE BAR GAINING UNIT: 15
1. HAVE DESIGNATED THE E MPLOYEE ORGANIZATION 16
TO REPRESENT THEM IN THEIR EMPLOYMENT REL ATIONS WITH THE EMPL OYER; OR 17
2. ARE MEMBERS OF THE EM PLOYEE ORGANIZATION . 18
(3) BEFORE A PETITION MAY BE PR OCESSED, THE PROOF OF 19
INTEREST SUBMITTED S HALL BE VERIFIED AS PROVIDED IN THIS SEC TION. 20
(4) THE EMPLOYEE ORGANIZA TION AND THE EMPLOYE R SHALL 21
EQUALLY BEAR ANY COS TS ASSOCIATED WITH T HE VERIFICATION . 22
(B) (1) (I) WHEN AN EMPLOYEE ORGA NIZATION OR EMPLOYEE S IN A 23
BARGAINING UNIT FILE A PETITION WITH THE EMPLOYER, THE EMPLOYEE 24
ORGANIZATION OR EMPL OYEES SHALL SELECT A NEUTRAL DECISION MAK ER FROM 25
A REFERRAL OR LIST O F ARBITRATORS PROVID ED BY THE FEDERAL MEDIATION 26
AND CONCILIATION SERVICE. 27
(II) THE EMPLOYEE ORGANIZA TION OR EMPLOYEES IN THE 28
BARGAINING UNIT SHAL L SUBMIT TO THE NEUT RAL DECISION MAKER S ELECTED 29
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH TH E AUTHORIZATION CARD S 30
SIGNED AND DATED BY AT LEAST 30% OF THE EMPLOYEES IN THE BARGAINING UN IT 31
NOT MORE THAN 18 MONTHS BEFORE THE DA Y THE PETITION WAS F ILED 32
INDICATING, AS APPROPRIATE , THAT THE EMPLOYEES H AVE DESIGNATED THE 33
EMPLOYEE ORGANIZATIO N TO REPRESENT THEM IN THEIR EMPLOYMENT 34
RELATIONS WITH THE P UBLIC LIBRARY SYSTEM ADMINISTRATION . 35 8 HOUSE BILL 609
(2) THE EMPLOYEE ORGANIZA TION SHALL COPY THE EMPLOYER ON 1
THE REQUEST FOR A NE UTRAL DECISION MAKER IN ORDER FOR THE PUB LIC 2
LIBRARY SYSTEM TO RE CEIVE NOTICE OF THE SELECTION OF THE NEU TRAL 3
DECISION MAKER FOR T HE CERTIFICATION PRO CESS. 4
(C) (1) (I) SUBJECT TO SU BPARAGRAPH (II) OF THIS PARAGRAPH , 5
WITHIN 2 CALENDAR DAYS AFTER THE DAY ON WHICH THE EMPLOYER RECEIVES 6
THE PETITION, THE EMPLOYER SHALL SUBMIT TO THE EMPLOYEE ORGANIZATIO N 7
AND NEUTRAL DECISION MAKER: 8
1. A LIST OF EMPLOYEES IN THE BARGAINING UNIT 9
THAT IDENTIFIES EACH EMPL OYEE THAT THE EMPLOY ER CONTENDS SHOULD B E 10
EXCLUDED AS AN ELIGI BLE VOTER OR FROM TH E BARGAINING UNIT ; AND 11
2. A STATEMENT EXPLAINING THE REASON FOR EACH 12
EXCLUSION. 13
(II) IF A NEUTRAL DECISION MAKER HAS NOT BEEN S ELECTED 14
WHEN THE EMPLOYER IS REQUIRED TO SUBMIT T HE LIST REQUIRED UND ER 15
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE EMPLOYER SHALL I NSTEAD SUBMIT 16
THE LIST WITHIN 1 CALENDAR DAY AFTER T HE NEUTRAL DECISION MAKER HAS 17
BEEN SELECTED. 18
(III) IF THE EMPLOYER FAILS TO PROVIDE AN EXPLAN ATION AS 19
REQUIRED UNDER ITEM (I)2 OF THIS PARAGRAPH , THE EMPLOYER MAY NOT 20
CHALLENGE THE ELIGIB ILITY OF AN EMPLOYEE ’S VOTE IN AN ELECTIO N OR THE 21
ELIGIBILITY TO SUBMI T A SHOWING OF INTER EST FORM FOR PURPOSES OF 22
SUBSECTION (D)(3) OF THIS SECTION. 23
(2) IF THE EMPLOYER FAILS TO SUBMIT THE LIST OF EMPLOYEES TO 24
THE EMPLOYEE ORGANIZ ATION OR NEUTRAL DEC ISION MAKER WITHIN T HE 25
REQUIRED TIME , IT SHALL BE CONCLUSI VELY DEEMED THAT AT LEAST 30% OF THE 26
EMPLOYEES IN THE BARGAIN ING UNIT HAVE INDICA TED A DESIRE TO BE 27
REPRESENTED BY THE E MPLOYEE ORGANIZATION . 28
(D) (1) THE NEUTRAL DECISION MAKER SHALL CHECK TH E WRITTEN 29
AUTHORIZATION CARDS SUBMITTED BY THE EMP LOYEE ORGANIZATION O R THE 30
EMPLOYEES AGAINST TH E LIST OF EMPLOYEES SUBMITTE D BY THE EMPLOYER . 31
(2) IF THE NEUTRAL DECISI ON MAKER DETERMINES THAT AT LEAST 32
30% OF THE EMPLOYEES ON THE LIST HAVE INDICA TED A DESIRE TO BE 33
REPRESENTED BY THE E MPLOYEE ORGANIZATION OR TO DECERTIFY AN E XCLUSIVE 34 HOUSE BILL 609 9
REPRESENTATIVE , THE NEUTRAL DECISION MAK ER SHALL NOTIFY THE EMPLOYER 1
OF THE DETERMINATION . 2
(3) IF THE EMPLOYEE ORGAN IZATION SUBMITS A SH OWING OF 3
INTEREST OF AT LEAST 50% OF THE EMPLOYEES IN AN UNREPRESENTED 4
BARGAINING UNIT : 5
(I) THE NEUTRAL DECISION MAKER SHALL ISSUE TO EACH 6
PARTICIPANT IN AN EL ECTION A CERTIFICATI ON OF REPRESENTATION ; AND 7
(II) THE EMPLOYER SHALL RECOGNIZE THE EMPLOYEE 8
ORGANIZATION AS THE CERTIFIED BARGAINING REPRESENTATIVE OF TH E 9
EMPLOYEES AT ISSUE . 10
(E) AN ELECTION MAY NOT B E CONDUCTED IN A BAR GAINING UNIT UNLESS 11
AT LEAST 1 YEAR HAS PASSED SINC E THE LAST ELECTION HELD IN THE BARGAINI NG 12
UNIT. 13
(F) (1) THE EMPLOYER SHALL NOTIFY ALL EMP LOYEES WITHIN THE 14
PROPOSED BARGAINING UNIT THAT AN ELECTIO N WILL BE HELD AND R EQUEST A 15
NEUTRAL DECISION MAK ER FROM THE FEDERAL MEDIATION AND CONCILIATION 16
SERVICE TO OVERSEE AN D CONDUCT AN ELECTIO N BY SECRET BALLOT . 17
(2) THE BALLOT FOR AN ELE CTION SHALL INCLUDE THE FOLLOWING 18
CHOICES: 19
(I) IN ACCORDANCE WITH TH E ISSUES PRESENTED B Y THE 20
PETITION OR PETITION S, EXCLUSIVE REPRESENTATION BY ANY EMPLOYEE 21
ORGANIZATION SEEKING TO OBTAIN OR CONTINU E REPRESENTATION RIG HTS; AND 22
(II) NO EXCLUSIVE REPRESEN TATION. 23
(G) AN EMPLOYEE ORGANIZAT ION MAY INTERVENE IN THE ELECTION AND 24
HAVE ITS NAME PLACED ON THE BALLOT IF : 25
(1) THE EMPLOYEE ORGANIZATIO N FILES A PETITION N OT MORE 26
THAN 15 CALENDAR DAYS AFTER THE DATE ON WHICH TH E ORIGINAL PETITION IS 27
FILED; 28
(2) THE EMPLOYEE ORGANIZA TION CERTIFIES THAT AT LEAST 30% 29
OF THE EMPLOYEES OF THE UNIT: 30
10 HOUSE BILL 609
(I) HAVE DESIGNATED THE E MPLOYEE OR GANIZATION TO 1
REPRESENT THEM IN TH EIR EMPLOYMENT RELAT IONS WITH THE PUBLIC LIBRARY 2
SYSTEM ADMINISTRATIO N; OR 3
(II) ARE MEMBERS OF THE EM PLOYEE ORGANIZATION ; AND 4
(3) THE SHOWING OF INTERE ST IS VERIFIED AS PR OVIDED IN THIS 5
SECTION. 6
(H) (1) WITHIN 15 DAYS AFTER A NEUTRAL DECISION MAKER IS 7
SELECTED, THE NEUTRAL DECISION MAKER SHALL HOLD A C ONFERENCE WITH THE 8
PARTIES DURING WHICH ALL OBJECTIONS TO TH E PETITION AND THE C ONDUCT OF 9
THE ELECTION MUST BE RAISED. 10
(2) (I) THE ELECTION SHALL BE CONDUCTED : 11
1. ACCORDING TO THE PROC EDURES ESTABLISHED B Y 12
THE NEUTRAL DECISION MAKER FROM THE FEDERAL MEDIATION AND 13
CONCILIATION SERVICE CONDUCTING TH E ELECTION; 14
2. SUBJECT TO SUBPARAGRA PH (II) OF THIS 15
PARAGRAPH , IN CONSULTATION WITH THE PARTIES THAT ATT ENDED THE 16
CONFERENCE REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION ; AND 17
3. WITHIN 90 DAYS AFTER THE DAY O F FILING THE 18
PETITION WITH THE EM PLOYER. 19
(II) 1. AN EMPLOYEE ORGANIZAT ION ON A BALLOT MAY 20
REQUEST A PREFERRED METHOD OF VOTING . 21
2. THE NEUTRA L DECISION MAKER SHA LL DESIGNATE 22
THE METHOD OF VOTING BASED ON THE REQUEST OF THE EMPLOYEE 23
ORGANIZATIONS ON THE BALLOT. 24
3. IF THERE IS A DISPUTE BETWEEN TWO OR MORE 25
EMPLOYEE ORGANIZATIO NS ON THE BALLOT OVE R THE METHOD OF VOTI NG, THE 26
NEUTRAL DECISION MAK ER MAY DESIGNATE THE METHOD OF VOTING . 27
(3) AN EMPLOYEE ORGANIZAT ION SHALL BE CERTIFI ED AS 28
EXCLUSIVE REPRESENTA TIVE FOLLOWI NG AN ELECTION IF TH E EMPLOYEE 29
ORGANIZATION HAS REC EIVED THE VOTE OF A MAJORITY OF THE VALI D VOTES CAST 30
IN THE BARGAINING UN IT IN WHICH THE ELEC TION IS HELD. 31
HOUSE BILL 609 11
(4) (I) IF AN ELECTION INCLUD ES THREE OR MORE CHO ICES AND 1
NO CHOICE RECEIVES A MAJORITY OF THE VALID VOTES CAST , THE NEUTRAL 2
DECISION MAKER SHALL CONDUCT A RUNOFF ELE CTION BETWEEN THE TW O 3
CHOICES THAT RECEIVE D THE LARGEST NUMBER OF VALID VOTES CAST . 4
(II) THE CHOICE RECEIVING THE MAJORITY OF THE VALID 5
VOTES CAST IN THE RU NOFF ELECTION SHALL BE CERTIFIED. 6
(5) THE NEUTRAL DECISION MAKER CONDUCTING THE ELECTION 7
SHALL ISSUE TO ALL T HE PARTICIPANTS IN A N ELECTION A CERTIFI CATION OF 8
REPRESENTATION , IF AN EMPLOYEE ORGAN IZATION IS CERTIFIED , OR THE RESULTS 9
OF THE ELECTION , IF NO REPRESENTATIVE IS CHOSEN. 10
(I) (1) IF THE EMPLOYER DISAGREES WITH THE P ETITIONING EMPLOYEE 11
ORGANIZATION OR THE PETITIONING EMPLOYEE S AS TO THE INCLUSIO N OR 12
EXCLUSION OF SPECIFI C EMPLOYEES AND CLAS SIFICATIONS OF EMPLO YEES IN THE 13
BARGAINING UNIT , ALL THE EMPLOYEES IN THE PETITION ED–FOR GROUP SHALL 14
HAVE THE OPPORTUNITY TO VOTE IN THE ELECT ION. 15
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE BALLOTS 16
OF CHALLENGED EMPLOY EES SHALL REMAIN SEA LED AND BE SET ASIDE UNTIL THE 17
BALLOTS OF EMPLOYEES WHO ARE NOT IN DISPU TE HAVE BEEN TA LLIED. 18
(3) (I) IF THE TOTAL NUMBER O F BALLOTS OF CHALLEN GED 19
EMPLOYEES DOES NOT H AVE AN IMPACT ON THE ELECTION RESULT : 20
1. THE PARTIES MAY NOT C OUNT THE BALLOTS OF 21
CHALLENGED EMPLOYEES ; AND 22
2. THE NEUTRAL DECISION MAKER SHALL RESOLVE THE 23
DISPUTE OVER THE CHA LLENGED EMPLOYEES AF TER THE ELECTION IS CERTIFIED 24
THROUGH A HEARING . 25
(II) IF THE TOTAL NUMBER O F BALLOTS OF CHALLEN GED 26
EMPLOYEES DOES HAVE AN IMPACT ON THE ELE CTION RESULT, THE PARTIES SHALL 27
IMMEDIATELY REFER TH E DISPUTE TO THE NEU TRAL DECISION MAKER F ROM THE 28
FEDERAL MEDIATION AND CONCILIATION SERVICE TO RESOLVE TH E DISPUTE 29
THROUGH A HEARING . 30
(4) (I) THE NEUTRAL DECISION MAKER SHALL HOLD A H EARING 31
ON THE DISPUTE REFER RED UNDER PARAGRAPH (3)(II) OF THIS SUBSECTION : 32
1. WITH THE PARTIES PRESENTING E VIDENCE ON THEIR 33
POSITIONS; AND 34 12 HOUSE BILL 609
2. WITHIN 30 DAYS AFTER THE ELECT ION HAS 1
CONCLUDED . 2
(II) IF THE NEUTRAL DECISI ON MAKER FINDS THAT 3
CHALLENGED EMPLOYEES ARE PROPERLY INCLUDE D WITHIN THE BARGAIN ING 4
UNIT, THE BALLOTS OF THE C HALLENGED EMPLOYEES SHALL BE COUNTED IN THE 5
TOTAL TALLY FOR THE ELECTION. 6
(III) 1. THE NEUTRAL DECISION MAKER SHALL ISS UE A 7
DECISION WITHIN 30 DAYS AFTER THE HEARI NG CONCLUDES . 8
2. THE NEUTRAL DECISION MAKER’S FINDINGS SHALL 9
BE FINAL AND BINDING ON THE PARTIES . 10
(J) (1) IF EMPLOYEES ARE REPR ESENTED BY AN EMPLOY EE 11
ORGANIZATION , EMPLOYEES MAY FILE A PETITION WITH THE E MPLOYER THAT 12
CONTAINS THE FOLLOWI NG: 13
(I) AN ASSERTION THAT THE MAJORITY OF THE EMPL OYEES NO 14
LONGER WISH TO BE RE PRESENTED BY THE EMP LOYEE ORGANIZATION ; 15
(II) A STATEMENT THAT THE E MPLOYEES HAVE IN THE IR 16
POSSESSION SUBSTANTI VE DOCUMENTARY PROOF , DATED NOT MORE THAN 6 17
MONTHS BEFORE THE DA Y ON WHICH THE PETIT ION IS FILED, THAT AT LEAST 30% 18
OF THE EMPLOYEES WIT HIN THE BARGAINING U NIT APPROVE OF THE 19
DECERTIFICATION OF T HE EMPLOYEE ORGANIZA TION; AND 20
(III) A STATEMENT EXPLAINING THAT THE EMPLOYEES A RE 21
SEEKING DECERTIFICATI ON OF THE EMPLOYEE O RGANIZATION AS THE E XCLUSIVE 22
REPRESENTATIVE FOR T HE BARGAINING UNIT . 23
(2) (I) THE PETITION SHALL BE PROCESSED AS DESCRIB ED IN 24
THIS SECTION , INCLUDING VERIFICATI ON OF PROOF OF INTER EST AND AN 25
ELECTION. 26
(II) AN EMPLOYEE ORGANIZATION SHALL BE DECERTIFIED AS 27
EXCLUSIVE REPRESENTA TIVE FOLLOWING AN EL ECTION IF THE MAJORI TY OF THE 28
VALID VOTES CAST IN THE UNIT IN WHICH TH E ELECTION IS HELD A RE FOR NO 29
REPRESENTATION . 30
23–908. 31
HOUSE BILL 609 13
(A) IF AN EMPLOYEE ORGANI ZATION IS CERTIFIED AS DESCRIBED IN THIS 1
SUBTITLE, THE EMPLOYER AND THE EMPLOYEE ORGANIZATIO N SHALL ENTER INTO 2
A COLLECTIVE BARGAIN ING AGREEMENT THAT C ONTAINS PROVISIONS R EGARDING: 3
(1) WAGES, HOURS, AND TERMS AND CONDIT IONS OF EMPLOYMENT ; 4
(2) THE ORDERLY PROCESSIN G AND SETTLEMENT OF GRIEVA NCES 5
REGARDING THE INTERP RETATION AND IMPLEME NTATION OF THE COLLE CTIVE 6
BARGAINING AGREEMENT THAT CULMINATE IN FI NAL AND BINDING ARBI TRATION, 7
INCLUDING APPEALS OF DISCIPLINARY AND OTH ER ADVERSE PERSONNEL ACTIONS 8
SUBJECT TO JUDICIAL REVIEW UNDER THE MARYLAND UNIFORM ARBITRATION 9
ACT; AND 10
(3) OTHER TOPICS THAT THE PARTIES MAY MUTUALLY AGREE TO 11
THAT WERE SUITABLE F OR BARGAINING . 12
(B) (1) THE EMPLOYER AUTOMATI CALLY SHALL DEDUCT F ROM THE 13
PAYCHECK OF AN EMPLO YEE WHO IS A MEMBER OF THE BARGAINING UNIT 14
REPRESENTED BY THE C ERTIFIED EXCLUSIVE R EPRESENTATIVE DUES A UTHORIZED 15
AND OWED BY THE EMPL OYEE TO THE CERTIFIE D EXCLUSIVE REPRESEN TATIVE IF 16
THE EMPLOYEE SUBMITS TO THE EMPLOYER A DU ES DEDUCTION AUTHORI ZATION 17
THAT HAS BEEN DULY E XECUTED BY T HE EMPLOYEE . 18
(2) ANY DUES DEDUCTED FRO M PAYCHECKS UNDER PA RAGRAPH (1) 19
OF THIS SUBSECTION S HALL BE REMITTED TO THE CERTIFIED EXCLUS IVE 20
REPRESENTATIVE . 21
(3) THE EMPLOYER AUTOMATI CALLY SHALL STOP MAK ING PAYROLL 22
DEDUCTIONS UNDER PAR AGRAPH (1) OF THIS SUBS ECTION ON BEHALF OF A 23
CERTIFIED EXCLUSIVE REPRESENTATIVE IF : 24
(I) THE CERTIFIED EXCLUSI VE REPRESENTATIVE IS 25
DECERTIFIED; 26
(II) THE CERTIFIED EXCLUSI VE REPRESENTATIVE ’S RIGHT TO 27
DUES IS REVOKED UNDE R § 23–913(D)(3) OF THIS SUBTITLE; 28
(III) THE EMPL OYEE CEASES TO BE A MEMBER OF THE 29
BARGAINING UNIT REPR ESENTED BY THE CERTI FIED EXCLUSIVE REPRE SENTATIVE; 30
OR 31
(IV) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION , THE 32
EMPLOYEE REVOKES THE AUTHORIZATION FOR PA YMENTS TO THE EXCLUS IVE 33 14 HOUSE BILL 609
REPRESENTATIVE IN AC CORDANCE WITH THE PROCEDU RES PROVIDED IN A DU ES 1
DEDUCTION AUTHORIZAT ION. 2
(4) THE PROCEDURES PROVID ED IN A DUES DEDUCTI ON 3
AUTHORIZATION UTILIZ ED UNDER THIS SUBSEC TION SHALL ALLOW FOR A 4
REVOCATION OF THE AU THORIZATION FOR PAYM ENTS TO THE EXCLUSIV E 5
REPRESENTATI VE AT LEAST ANNUALLY . 6
(C) THIS SECTION MAY NOT BE CONSTRUED TO : 7
(1) AUTHORIZE OR OTHERWIS E ALLOW AN EMPLOYEE TO ENGAGE IN 8
A STRIKE OR WORK STO PPAGE, AS THOSE TERMS ARE D EFINED IN § 23–913 OF THIS 9
SUBTITLE; OR 10
(2) RESTRICT THE AUTHORIT Y OF THE GOVER NING BODY OF THE 11
APPLICABLE COUNTY TO DETERMINE THE BUD GET OF THE EMPLOYER . 12
(D) (1) A COLLECTIVE BARGAININ G AGREEMENT ENTERED INTO UNDER 13
SUBSECTION (A) OF THIS SECTION SHAL L BE EFFECTIVE ON RA TIFICATION BY THE 14
MAJORITY OF VOTES CA ST BY THE EMPLOYEES IN THE BARGAINING UNIT AND 15
APPROVAL BY THE DIRE CTOR AND THE EMPLOYE R. 16
(2) A SINGLE–YEAR OR MULTIYEAR CO LLECTIVE BARGAINING 17
AGREEMENT SHALL EXPI RE AT THE CLOSE OF T HE COUNTY’S FISCAL YEAR. 18
23–909. 19
(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, 20
THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL REACH 21
AN AGREEMENT BY FEBRUARY 1 OF THE YEAR IN WHICH A COLLECTIVE BARGAIN ING 22
AGREEMENT WILL EXPIR E. 23
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE 24
EMPLOYER AND THE CER TIFIED EXCLUSIVE REPRESEN TATIVE MUTUALLY MAY 25
AGREE TO EXTEND NEGO TIATIONS FOR A PERIO D NOT TO EXTEND PAST JUNE 30 OF 26
THE YEAR IN WHICH A COLLECTIVE BARGAININ G AGREEMENT WILL EXP IRE. 27
(3) ANY EXTENSION MUST AC KNOWLEDGE ANY RELEVA NT COUNTY 28
BUDGETARY DEADLINES IN WRITING TO ENSURE THAT PARTIES MEET CR UCIAL 29
FUNDING DEADLINES . 30
(B) AN IMPASSE IS REACHED DURING THE NEGOTIATI ONS BETWEEN THE 31
EMPLOYER AND THE CER TIFIED EXCLUSIVE REP RESENTATIVE IF THE E MPLOYER 32 HOUSE BILL 609 15
AND THE CERTIFIED EX CLUSIVE REPRESENTATI VE DO NOT REACH AN AGREEMENT 1
BY: 2
(1) STATING THEY HAVE MUT UALLY AGREED THAT TH EY ARE AT AN 3
IMPASSE; 4
(2) FEBRUARY 1 OF THE YEAR IN WHICH A COLLECTIVE BARGAIN ING 5
AGREEMENT WILL EXPIR E; OR 6
(3) IF NEGOTIATIONS WERE EXTENDED, THE DATE TO WHICH 7
NEGOTIATIONS WERE EX TENDED UNDER SUBSECTION (A)(2) OF THIS SECTION. 8
(C) (1) IF AN IMPASSE IS REAC HED UNDER SUBSECTION (B) OF THIS 9
SECTION, THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL 10
EACH SUBMIT A FINAL OFFER TO THE OTHER P ARTY WITHIN 48 HOURS AFTER THE 11
IMPASSE IS REACHED. 12
(2) UNLESS THE IMPASSE RE ACHED UNDER SUBSECTI ON (B) OF THIS 13
SECTION HAS BEEN RES OLVED, THE DISPUTE AND THE FINAL OFFERS SHALL B E 14
SUBMITTED TO THE MED IATOR SELECTED BY TH E PARTIES IN ACCORDA NCE WITH 15
SUBSECTION (D) OF THIS SECTION. 16
(D) (1) WITHIN 30 DAYS AFTER A MEDIATO R IS SELECTED BY THE 17
PARTIES, THE MEDIATOR SHALL : 18
(I) MEET WITH THE EMPLOYE R AND THE CERTIFIED 19
EXCLUSIVE REPRESENTA TIVE; AND 20
(II) MAKE WRITTEN FINDINGS OF FACT AND 21
RECOMMENDATIONS FOR THE RESOLUTION OF TH E DISPUTE IN ACCORDANCE WITH 22
THIS SUBSECTION . 23
(2) (I) IF THE PARTIES ARE UN ABLE TO AGREE ON A M EDIATOR, 24
THEY SHALL REQUEST A LIST OF SEVEN MEDIAT ORS FROM THE FEDERAL 25
MEDIATION AND CONCILIATION SERVICE. 26
(II) 1. SUBJECT TO SUBSUBPARA GRAPH 2 OF THIS 27
SUBPARAGRAPH , WITHIN 3 WORKING DAYS AFTER R ECEIVING THE LIST UN DER 28
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE PARTIES SHALL AL TERNATELY 29
REMOVE ONE MEDIATOR FROM THE LIST UNTIL ONLY ONE MEDIATOR RE MAINS, WHO 30
THE PARTIES SHALL AG REE WILL SERVE AS TH E MEDIATOR UNDER THI S 31
SUBSECTION. 32
16 HOUSE BILL 609
2. THE PARTIES SHALL SEL ECT WHICH PARTY REMO VES 1
THE FIRST MEDIATOR F ROM THE LIST BY USIN G A SELECTION METHOD THAT IS 2
RANDOM AND OF EQUAL CHANCE FOR BOTH PART IES. 3
(3) THE MEDIATOR SHALL AC T AS AN INTERMEDIARY IN BRINGING 4
THE PARTIES TOGETHE R AND SHALL ACTIVELY ASSIST THE PARTIES I N RESOLVING 5
THE DISPUTE BY: 6
(I) CONDUCTING PROCEEDING S IN ACCORDANCE WITH THIS 7
SUBSECTION; 8
(II) IDENTIFYING THE MAJOR ISSUES IN THE DISPUT E BETWEEN 9
THE PARTIES; 10
(III) REVIEWING THE POSITIO NS OF THE PARTI ES; AND 11
(IV) RECOMMENDING A RESOLU TION FOR THE AGREEME NT OF 12
THE PARTIES. 13
(4) A RESOLUTION UNDER THI S SUBSECTION: 14
(I) SHALL ADDRESS MATTERS SUCH AS WAGES , HOURS, OR 15
TERMS AND CONDITIONS OF EMPLOYMENT ; 16
(II) EXCEPT FOR COSTS ASSE SSED TO EMPLOYE ES FOR HEALTH 17
CARE BENEFITS , MAY NOT INCLUDE HEAL TH CARE BENEFITS UNL ESS THE BENEFITS 18
ARE CONTRACTED DIREC TLY THROUGH THE PUBL IC LIBRARY SYSTEM ; AND 19
(III) MAY NOT EXCEED 1 FISCAL YEAR, UNLESS AGREED TO BY 20
THE PARTIES. 21
(5) (I) ANY RESOLUTION UNDER THIS SUBSECTION REGARD ING 22
PENSION BENEFITS SHA LL BE CONSTRUED AS A RECOMMENDATION FOR 23
CONSIDERATION BY THE PENSION SPONSOR OF T HE STATE OR RESPECTIVE 24
COUNTY. 25
(II) A CHANGE MAY NOT BE MA DE TO PENSION BENEFI TS 26
UNLESS AN APPROPRIAT E PLAN AMENDMENT IS ADOPTED BY THE PLAN SPONSOR 27
OF THE STATE OR RESPECTIVE C OUNTY. 28
(6) (I) BEFORE ISSUING A FINA L DECISION, THE MEDIATOR SHALL 29
TAKE INTO CONSIDERAT ION, AMONG ANY OTHER RELE VANT FACTORS : 30
HOUSE BILL 609 17
1. THE WAGES AND PENSION BENEFITS, NOT INCLUDING 1
HEALTH CARE BENE FITS, OF THE EMPLOYEES OF THE BARGAINING UNIT ; 2
2. THE WAGES AND PENSION BENEFITS OF OTHER 3
SIMILARLY SITUATED E MPLOYEES PERFORMING SIMILAR SERVICES IN LIBRARIES 4
OF COMPARABLE COUNTI ES IN THE STATE, TAKING INTO CONSIDER ATION THE 5
COST–OF–LIVING INDEX FOR THE AREA IN WHICH TH E COMPARABLE COUNTY IS 6
LOCATED; 7
3. WAGES AND PENSION BEN EFITS OF SIMILARLY 8
SITUATED COUNTY EMPL OYEES; 9
4. THE LAST PUBLISHED AN NUAL U.S. DEPARTMENT OF 10
LABOR CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR ALL ITEMS IN 11
THE WASHINGTON–BALTIMORE AREA ; 12
5. THE SPECIAL NATURE OF THE WORK PERFORMED B Y 13
THE EMPLOYEES OF THE BARGAINING UNIT , INCLUDING: 14
A. PHYSICAL REQUIREMENTS OF EMPLOYMENT ; 15
B. EDUCATIONAL REQUIREME NTS; 16
C. JOB TRAINING AND JOB SKILLS; AND 17
D. SHIFT ASSIGNMENTS AND T HE DEMANDS PLACED ON 18
THE EMPLOYEES COMPAR ED TO THE DEMANDS PL ACED ON OTHER SIMILA RLY 19
SITUATED LIBRARY EMP LOYEES IN COMPARABLE COUNTY JURISDICTIONS ; 20
6. STATE AND COUNTY MAND ATED EXPENDITURES ; 21
7. SUBJECT TO SUBPARAGRA PH (II) OF THIS 22
PARAGRAPH , AVAILABILITY OF FUND S, INCLUDING FINANCIAL SOURCES OF 23
REVENUE; AND 24
8. THE INTEREST AND WELF ARE OF THE PUBLIC . 25
(II) IN CONSIDERING THE AV AILABILITY OF FUNDS FOR WAGE 26
INCREASES, THE MEDIATOR SHALL C ONSIDER THE GENERAL FUND REVENUES OF 27
THE RESPECTIVE COUNT Y AND ANY RELATED CO UNTY REPORTS ON REVE NUES. 28
(7) A MEDIATOR MAY NOT CONSIDER TESTIMONY R EGARDING FUNDS 29
FOR CAPITAL IMPROVEM ENTS, SURPLUS CONTINGENCY , OR RESERVE FUNDS . 30
18 HOUSE BILL 609
(8) (I) THE PARTIES ARE STRON GLY ENCOURAGED TO RE ACH AN 1
AGREEMENT ON ALL ISSUE S WHENEVER POSSIBLE . 2
(II) IF NO AGREEMENT CAN B E REACHED BY THE PAR TIES, THE 3
MEDIATOR SHALL ISSUE A REPORT WITH THE ME DIATOR’S DECISION, INCLUDING 4
WRITTEN FINDINGS OF FACT. 5
(9) THE MEDIATOR MAY ADOP T A PACKAGE OF FINAL POSITIONS OR 6
RULE ON EACH MATTER SEPARATELY. 7
(10) THE MEDIATOR SHALL SU BMIT COPIES OF THE M EDIATOR’S 8
WRITTEN FINDINGS AND RECOMMENDATIONS TO T HE EMPLOYER AND THE 9
CERTIFIED EXCLUSIVE REPRESENTATIVE ON OR BEFORE THE IMMEDIATE LY 10
FOLLOWING APRIL 2. 11
(11) ANY COSTS ASSOCIATED WITH THIS SUBSECTION SHALL BE 12
SHARED EQUALLY BY TH E EMPLOYER AND THE C ERTIFIED EXCLUSIVE 13
REPRESENTATIVE . 14
(12) THIS SUBSECTION MAY N OT BE CONSTRUED TO I NTERFERE WITH 15
ANY EFFORTS THE PART IES MAY UNDERTAKE TO REACH AN AGREEMENT A T ANY 16
TIME. 17
(13) THE GOVERNING BODY OF THE APPLICABLE CO UNTY IS NOT 18
BOUND BY ANY DECISIO N MADE UNDER THIS SU BSECTION. 19
(14) THE PROCEDURE IN THIS SUBSECTION SHALL BE THE EXCLUSIVE 20
PROCEDURE FOR RESOLV ING DISPUTES BETWEEN THE PARTIES , UNLESS THE 21
PARTIES, BY MUTUAL AGR EEMENT, DETERMINE TO USE ANO THER METHOD OF 22
DISPUTE RESOLUTION . 23
(E) (1) THE MEDIATOR SHALL SUBMIT THE FIN DINGS AND 24
RECOMMENDATIONS OF T HE MEDIATOR TO THE E MPLOYER IN A TIMELY MANNER 25
CONSISTENT WITH THE TIMING OF PARAGRAPH (2) OF THIS SUBSECTION . 26
(2) THE EMPLOYER SHALL APP ROVE ALL RECOMMENDAT IONS AND 27
FINDINGS OF THE MEDI ATOR THAT DO NOT REQ UIRE AN APPROPRIATIO N OF 28
ADDITIONAL FUNDS WIT HIN 5 14 DAYS AFTER THE MEDIA TOR’S DECISION. 29
23–910. 30
(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 31
EMPLOYER SHALL SUBMI T A TERM OF A COLLEC TIVE BARGAINING AGRE EMENT OR 32
MEMORANDUM OF UNDERS TANDING ENTERED INTO UNDER THIS SUBTITLE TO THE 33 HOUSE BILL 609 19
GOVERNING BODY OF THE APPLICABLE CO UNTY WITH THE EMPLOYER ’S 1
RECOMMENDA TION REGARDING WHETH ER THE AGREEMENT OR THE MEDIATOR ’S 2
DECISION REQUIRES AN APPROPRIATION OF ADD ITIONAL FUNDS. 3
(2) THE SUBMISSION REQUIR ED UNDER THIS SUBSEC TION SHALL BE 4
MADE BEFORE THE FIRS T MEETING OF THE GOV ERNING BODY OF THE APPLICABLE 5
COUNTY THAT IMMEDIATELY FOLLOWS A N AGREEMENT BEING RE ACHED TO ENSURE 6
ANY RELEVANT COUNTY BUDGETARY DEADLINES ARE NOT MISSED . 7
(B) (1) THE GOVERNING BODY OF THE APPLICABLE CO UNTY MAY 8
APPROVE OR REJECT A REQUEST FOR ADDITION AL FUNDING UNDER SUB SECTION 9
(A) OF THIS SECTION, IN WHOLE OR IN PART . 10
(2) IF THE GOVERNING BODY OF THE APPLICABLE CO UNTY 11
APPROVES A REQUEST U NDER PARAGRAPH (1) OF THIS SUBSECTION , THE 12
GOVERNING BODY OF THE APPLICABLE CO UNTY SHALL TAKE ALL ACTIO NS 13
NECESSARY TO PROCESS THE REQUEST FOR ADDI TIONAL FUNDING. 14
(C) (1) IF ANY PART OF A REQU EST FOR ADDITIONAL F UNDING 15
SUBMITTED TO THE GOV ERNING BODY OF THE APPLICABLE CO UNTY UNDER THIS 16
SUBSECTION IS REJECT ED, THE REQUEST FOR ADDI TIONAL FUNDS SHALL B E 17
RETURNED TO THE EMPL OYER AND THE CERTIFI ED EXCLUSIVE REPRESENTATIVE 18
FOR RENEGOTIATION WI THIN THE LIMITS OF T HE FUNDING ALLOCATED BY THE 19
GOVERNING BODY OF THE APPLICABLE CO UNTY. 20
(2) THE RENEGOTIATION SHA LL BE COMPLETED WITH IN A 21
TIMETABLE ESTABLISHE D BY THE GOVERNING B ODY OF THE APPLICABLE CO UNTY. 22
(3) (I) IF AN IMPASSE IS REAC HED, THE EMPLOYER AND THE 23
CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL EACH SUBMIT A FINAL OFFER, 24
WITHIN THE LIMITS OF THE FUNDING ALLOCATE D BY THE GOVERNING B ODY OF THE 25
APPLICABLE COUNTY , FOR THE REVIEW OF TH E GOVERNING BODY OF THE 26
APPLICABLE COUNTY . 27
(II) THE GOVERNING BODY OF THE APPLICABLE CO UNTY SHALL 28
SELECT ONE OF THE OF FERS SUBMITTED UNDER SUBPARAGRAPH (I) OF THIS 29
PARAGRAPH . 30
(III) THE SELECTION OF THE GOVERNING BODY OF THE 31
APPLICABLE COUNTY IS BINDING ON ALL PA RTIES. 32
(D) (1) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE 33
REPRESENTATIVE ARE M UTUALLY OBLIGATED TO : 34
20 HOUSE BILL 609
(I) MEET AT REASONABLE TI MES IN CONSIDERATION OF THE 1
COUNTY’S BUDGET SUBMISSION DATE; AND 2
(II) NEGOTIATE IN GOOD FAI TH ON: 3
1. WAGES, HOURS, AND TERMS AND CONDITIONS OF 4
EMPLOYMENT ; AND 5
2. DRAFTING A WRITTEN CO LLECTIVE BARGAINING 6
AGREEMENT THAT CONTA INS ALL MATTERS AGRE ED ON AND IS SIGNED BY 7
AUTHORIZED REPRESENT ATIVES OF BOTH PARTI ES. 8
(2) THE OBLIGATION TO NEG OTIATE IN GOOD FAITH UNDER 9
PARAGRAPH (1)(II) OF THIS SUBSECTION : 10
(I) REQUIRES THAT AN EFFO RT BE MADE BY BOTH P ARTIES TO 11
ARRIVE AT AN AGREEME NT AND REDUCE THE AG REEMENT TO WRITING W ITHIN A 12
REASONABLE PERIOD OF TIME; AND 13
(II) DOES NOT REQUIRE THAT ANY CONCESSION BE MA DE BY 14
EITHER PARTY. 15
23–911. 16
(A) AN EMPLOYER MAY PROVI DE TO A REPRESENTATI VE OF THE EXCLUSIVE 17
REPRESENTATIVE : 18
(1) RELEASE TIME; AND 19
(2) ACCESS TO ROUTINE SER VICES AND FACILITIES OF THE 20
EMPLOYER. 21
(B) THE EMPLOYER OR ITS O FFICERS OR AGENTS MA Y NOT: 22
(1) INTERFERE W ITH, COERCE, UNDULY INFLUENCE , OR RESTRAIN 23
AN EMPLOYEE ’S EXERCISE OF RIGHTS UNDER THIS SUBTITLE ; 24
(2) EXCEPT AS PROVIDED IN SUBSECTION (A) OF THIS SECTION , 25
DOMINATE, SURVEIL, INTERFERE WITH , ASSIST IN THE FORMAT ION, 26
ADMINISTRATION , OR EXISTENCE OF , OR CONTRIBUTE FINANCIAL A SSISTANCE OR 27
OTHER SUPPORT TO AN EMPLOYEE ORGANIZATIO N; 28
HOUSE BILL 609 21
(3) ENCOURAGE OR DISCOURA GE MEMBERSHIP IN AN EMPLOYEE 1
ORGANIZATION BY DISC RIMINATING AGAINST A N EMPLOYEE THROUGH H IRING, 2
TENURE, PROMOTION , OR OTHER CONDITIONS OF EMPLOYMENT ; 3
(4) REFUSE TO BARGAIN IN GOOD FAITH WITH AN E MPLOYEE 4
ORGANIZATION THAT IS THE EXCLUSIVE REPRES ENTATIVE OF THE EMPL OYEES; OR 5
(5) SPEND PUBLIC MONEY , USE PUBLIC RESOURCES , OR PROVIDE 6
ASSISTANCE TO AN IND IVIDUAL OR GROUP FOR A NEGATIVE CAMPAIGN AGAINST 7
EFFORTS BY EMPLOYEES O R AN EMPLOYEE ORGANI ZATION TO: 8
(I) GAIN OR RETAIN COLLEC TIVE BARGAINING RIGH TS OR TO 9
CERTIFY AN EMPLOYEE ORGANIZATION AS AN E XCLUSIVE REPRESENTAT IVE; OR 10
(II) CERTIFY AN EMPLOYEE O RGANIZATION AS AN EX CLUSIVE 11
REPRESENTATIVE . 12
(C) AN EMPLOYEE ORGANIZAT ION MAY NOT: 13
(1) INTERFERE WITH , COERCE, UNDULY INFLUENCE , OR RESTRAIN 14
AN EMPLOYEE ’S EXERCISE OF RIGHTS UNDER THIS SUBTITLE ; 15
(2) CAUSE OR ATTEMPT TO C AUSE THE EMPLOYER TO DISCRIMINATE 16
AGAINST AN EMPLOYEE BECAUSE THE EMPLOYEE EXERCISES A RIGHT UNDER THIS 17
SUBTITLE; 18
(3) DISCIPLINE OR FINE A MEMBER OF THE EMPLOY EE 19
ORGANIZATION AS PUNI SHMENT OR REPRISAL ; 20
(4) DISCIPLINE OR FINE A MEMBER OF THE EMPLOY EE 21
ORGANIZATION FOR THE PURPOSE OF IMPEDING THE MEMBER ’S WORK 22
PERFORMANCE ; 23
(5) REFUSE TO BARGAIN IN GOOD FAITH WITH THE EMPLOYER OR TO 24
PARTICIPATE IN GOOD FAITH IN A PROCEDURE UNDER THIS SUBTITLE ; OR 25
(6) UNFAIRLY REPRESENT EM PLOYEES IN COLLECTIV E BARGAINING 26
OR IN ANY OTHER MATT ER IN WHICH THE EMPL OYEE ORGANIZATION HA S THE DUTY 27
OF FAIR REPRESENTATION . 28
(D) (1) AN EMPLOYEE WHO IS A MEMBER OF A BARGAINI NG UNIT WITH A 29
CERTIFIED EXCLUSIVE REPRESENTATIVE MAY , WITHOUT THE INTERVEN TION OF AN 30
EMPLOYEE ORGANIZATIO N, DISCUSS ANY MATTER W ITH THE EMPLOYER . 31
22 HOUSE BILL 609
(2) THIS SUBSECTION DOES NOT WAIV E THE RIGHT OF THE 1
EMPLOYEE ORGANIZATIO N TO BE THE EXCLUSIV E BARGAINING REPRESE NTATIVE 2
FOR ISSUES RELATED T O WAGES, HOURS, AND WORKING CONDITIO NS AND IS NOT 3
INTENDED TO CREATE A N ALTERNATE PATH TO ALTER TERMS AND COND ITIONS OF 4
THE COLLECTIVE BARGA INING AGREEMENT BETWEEN THE P ARTIES. 5
23–912. 6
(A) NOTWITHSTANDING ANY O THER PROVISIONS OF L AW, IT IS THE 7
EXCLUSIVE RIGHT OF T HE EMPLOYER TO : 8
(1) DETERMINE THE PURPOSE S AND OBJECTIVES OF EACH OF ITS 9
CONSTITUENT OFFICES AND DEPARTMENTS ; 10
(2) SET STANDARDS OF SERVICES TO BE OFFER ED TO THE PUBLIC ; 11
(3) EXERCISE CONTROL AND DISCRETION OVER ITS ORGANIZATION 12
AND OPERATIONS ; AND 13
(4) DETERMINE THE METHODS , MEANS, PERSONNEL , AND OTHER 14
RESOURCES BY WHICH T HE EMPLOYER ’S OPERATIONS ARE TO BE CONDUCTED , 15
INCLUDING: 16
(I) THE USE OF VOLUNTEERS ; AND 17
(II) THE CONTRACTING OUT O F WORK IF CONSIDERED 18
NECESSARY. 19
(B) SUBJECT TO APPLICABLE PROVISIONS OF A COLL ECTIVE BARGAINING 20
AGREEMENT AND IN ACC ORDANCE WITH THE RES PECTIVE COUNTY CHART ER AND 21
OTHER APPLICABLE LAW S, THE EMPLOYER MAY : 22
(1) DIRECT ITS EMPLOYEES ; 23
(2) HIRE, PROMOTE, TRANSFER, ASSIGN, OR RETAIN EMPLOYEES ; 24
(3) ESTABLISH REASONABLE WORK RULES ; AND 25
(4) DEMOTE, SUSPEND, DISCHARGE, OR TAKE ANY OTHER 26
DISCIPLINARY ACTION AGAINST ITS EMPLOYEE S FOR JUST CAUSE. 27
(C) THE PROVISIONS OF THI S SECTION SHALL BE D EEMED TO BE PART OF 28
EVERY AGREEMENT EXEC UTED BETWEEN THE EMP LOYER AND A CERTIFIE D 29
EXCLUSIVE REPRESENTA TIVE. 30 HOUSE BILL 609 23
(D) THIS SECTION MAY NOT BE CONSTRUED TO DENY THE RIGHT OF AN 1
EMPLOYEE TO SUBMIT A GRIEVANCE WITH REGARD TO THE E MPLOYER’S EXERCISE 2
OF ITS RIGHTS UNDER THIS SECTION. 3
(E) EXCEPT AS OTHERWISE P ROVIDED BY LAW , IF EMPLOYEES HAVE 4
ENTERED INTO A COLLE CTIVE BARGAINING AGR EEMENT WITH THE EMPL OYER 5
UNDER THIS SUBTITLE , THE COLLECTIVE BARGA INING AGREEMENT ENTERED INTO 6
SUPERSEDES ANY CONFL ICTING REGULATION OR ADMINISTRATIVE POLIC Y OF THE 7
EMPLOYER. 8
(F) A COLLECTIVE BARGAININ G AGREEMENT MAY INCL UDE A PROVISION 9
FOR ARBITRATION OF D ISCIPLINARY ACTIONS . 10
23–913. 11
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 12
INDICATED. 13
(2) “LOCKOUT” MEANS THE TEMPORARY WITHHOLDING OF WORK , BY 14
MEANS OF SHUTTING DO WN AN OPERATION OR F UNCTION IN ORDER TO BRING 15
PRESSURE ON EMPLOYEE S OR ON THEIR REPRES ENTATIVES TO ACCEPT A CHANGE 16
IN COMPENSATION OR R IGHTS, PRIVILEGES, OBLIGATIONS, OR OTHER TERMS AND 17
CONDITIONS OF EMPLOY MENT. 18
(3) “SECONDARY BOYCOTT ” MEANS AN ACTIVITY BY AN EMPLOYEE 19
ORGANIZATION OR ITS MEMBERS THAT IS INTE NDED TO INDUCE , ENCOURAGE , OR 20
COERCE PERSONS DOING BUSINESS WITH THE EM PLOYER TO WITHHOLD , 21
WITHDRAW, OR IN ANY RESPECT CU RTAIL THEIR BUSINESS RELATIONS WITH THE 22
COUNTY. 23
(4) “STRIKE” MEANS THE REFUSAL OR FAILURE BY AN EMPLOY EE OR 24
GROUP OF EMPLOYEES T O PERFORM THEIR DUTI ES OF EMPLOYMENT AS ASSIGNED 25
IF A PURPOSE OF THE REFUSAL OR FAILURE I S TO INDUCE, FORCE, OR REQUIRE THE 26
EMPLOYER TO ACT OR R EFRAIN FROM ACTING W ITH REGARD TO ANY MA TTER. 27
(5) “WORK STOPPAGE ” MEANS: 28
(I) THE WILLFUL ABSENCE O F A GROUP OF EMPLOYE ES FROM 29
THEIR POSITIONS ; 30
(II) THE ENGAGING IN A SLO WDOWN BY EMPLOYEES ; OR 31
(III) THE REFUSAL OF EMPLOY EES TO PERFORM JOB D UTIES. 32 24 HOUSE BILL 609
(B) IN GENERAL, STRIKES, WORK STOPPAGES , LOCKOUTS, AND SECONDARY 1
BOYCOTTS ARE PROHIBI TED. 2
(C) (1) EMPLOYEES AND EMPLOYE E ORGANIZATIONS MAY NOT ENGAGE 3
IN, SPONSOR, INITIATE, SUPPORT, DIRECT, OR COND ONE A STRIKE , WORK 4
STOPPAGE, OR SECONDARY BOYCOTT . 5
(2) EMPLOYEE ORGANIZATION S MAY NOT ENGAGE IN , INITIATE, 6
SPONSOR, OR SUPPORT, DIRECTLY OR INDIRECT LY, PICKETING OF THE EMP LOYER, 7
ITS PROPERTY, OR FIELD OR OFFICE F ACILITIES IN FURTHER ANCE OF A STRIKE , 8
WORK STOPPAGE , OR SECONDARY BOYCOTT . 9
(D) IF AN EMPLOYEE ORGANI ZATION VIOLATES THIS SECTION, THE 10
EMPLOYER MAY : 11
(1) REVOKE THE EMPLOYEE O RGANIZATION’S DESIGNATION AS 12
CERTIFIED EXCLUSIVE REPRESENTATIVE ; 13
(2) DISQUALIFY THE EMPLOY EE ORGANIZATION FROM 14
PARTICIPATING IN REP RESENTATION ELECTION S FOR A PERIOD OF UP TO 2 YEARS; 15
AND 16
(3) TERMINATE IMMEDIATELY THE PAYROLL DEDUCTIO NS FOR THE 17
EMPLOYEE ORGANIZATIO N’S DUES. 18
(E) AN EMPLOYEE WHO VIOLA TES THIS SECTION IS SUBJECT TO IMMEDIATE 19
DISCIPLINARY ACTION , WHICH MAY INCLUDE PE RMANENT DISMISSAL FR OM THE 20
EMPLOYMENT BY THE EM PLOYER FOR JUST CAUS E. 21
(F) (1) THE EMPLOYER MAY NOT DIRECT A LOCKOUT AGA INST 22
EMPLOYEES. 23
(2) THIS SUBSECTION MAY N OT BE CONSTRUED TO P ROHIBIT THE 24
EMPLOYER FROM EXERCI SING ITS MANAGERIAL RIGHTS. 25
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be construed to 26
apply only prospectively and may not be applied or interpreted to have any effect on or 27
application to: 28
(1) the composition of a collective bargaining unit that is in existence on 29
the effective date of this Act unless the collective bargaining unit dissolves after the 30
effective date of this Act; 31
HOUSE BILL 609 25
(2) a collective bargaining agreement entered into before the effective date 1
of this Act; or 2
(3) collective bargaining negotiations that began before the effective date 3
of this Act. 4
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 5
1, 2024. 6
Approved:
________________________________________________________________________________
Governor.
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Speaker of the House of Delegates.
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President of the Senate.