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.
Italics indicate opposite chamber/conference committee amendments.
*hb0609*
HOUSE BILL 609
F5 (4lr1466)
ENROLLED BILL
— Appropriations/Finance and Education, Energy, and the Environment —
Introduced by Delegates Solomon, S. Johnson, Forbes, Harris, A. Johnson,
D. Jones, J. Lewis, Ruff, and Shetty
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
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 2 HOUSE BILL 609
certain provisions of this Act; and generally relating to collective bargaining for 1
employees of public libraries. 2
BY repealing 3
Article – Education 4
Section 23–601 through 23–614 and the subtitle “Subtitle 6. Howard County Library 5
System – Collective Bargaining” 6
Annotated Code of Maryland 7
(2022 Replacement Volume and 2023 Supplement) 8
BY adding to 9
Article – Education 10
Section 23–901 through 23–913 to be under the new subtitle “Subtitle 9. Public 11
Libraries – Collective Bargaining” 12
Annotated Code of Maryland 13
(2022 Replacement Volume and 2023 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That Section(s) 23–601 through 23–614 and the subtitle “Subtitle 6. Howard County 16
Library System – Collective Bargaining” of Article – Education of the Annotated Code of 17
Maryland be repealed. 18
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 19
as follows: 20
Article – Education 21
SUBTITLE 9. PUBLIC LIBRARIES – COLLECTIVE BARGAINING. 22
23–901. 23
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 24
INDICATED. 25
(B) (1) “CERTIFIED EXCLUSIVE R EPRESENTATIVE ” MEANS THE 26
EMPLOYEE ORGA NIZATION THAT HAS BE EN CERTIFIED AS THE COLLECTIVE 27
BARGAINING AGENT FOR A BARGAINING UNIT . 28
(2) “CERTIFIED EXCLUSIVE R EPRESENTATIVE ” INCLUDES AN 29
EMPLOYEE ORGANIZATIO N CERTIFIED TO EXCLU SIVELY REPRESENT PUB LIC 30
LIBRARY EMPLOYEES BE FORE JULY 1, 2024. 31
(C) “CONFIDENTIAL EMPLOYEE ” MEANS AN EMPLOYEE WH O: 32
(1) IS REQUIRED TO DEVELO P OR PRESENT MANAGEM ENT POSITIONS 33
WITH RESPECT TO EMPL OYER–EMPLOYEE RELATIONS ; AND 34 HOUSE BILL 609 3
(2) WHOSE DUTIES NORMALLY REQUIRE ACCESS TO CO NFIDENTIAL 1
INFORMATION THAT CON TRIBUTES SIGNIFICANTLY TO THE DEVELOPMENT OF THE 2
MANAGEMENT POSITIONS WITH RESPECT TO EMPL OYER–EMPLOYEE RELATIONS . 3
(D) “DIRECTOR” MEANS THE DIRECTOR , CHIEF EXECUTIVE OFFI CER, OR 4
CHIEF OFFICER OF THE APPLICABLE PUBLIC LI BRARY SYSTEM , OR THE DESIGNEE 5
OF THE DIRECTO R, CHIEF EXECUTIVE OFFI CER, OR CHIEF OFFICER . 6
(E) (1) “EMPLOYEE” MEANS A FULL–TIME OR PART–TIME EMPLOYEE OF 7
A PUBLIC LIBRARY SYS TEM. 8
(2) “EMPLOYEE” DOES NOT INCLUDE A C ONFIDENTIAL EMPLOYEE , 9
MANAGEMENT EMPLOYEE , OR SUPERVISORY EMPLO YEE. 10
(F) “EMPLOYEE ORGANIZATION ” MEANS AN ORGANIZATIO N THAT ADMITS 11
EMPLOYEES OF THE EMP LOYER AS MEMBERS AND HAS AS A PRIMARY PUR POSE THE 12
REPRESENTATION OF TH E EMPLOYEES IN THEIR RELATIONS WITH THE E MPLOYER. 13
(G) “EMPLOYER” MEANS A PUBLIC LIBRA RY SYSTEM AND , WHERE 14
APPLICABLE, THE BOARD OF TRUSTEE S FOR THE PUBLIC LIB RARY SYSTEM. 15
(H) “GOVERNING FUNDING BODY” MEANS: 16
(1) (I) FOR A CHARTER COUNTY THAT DOES NOT HAVE A N 17
ELECTED CHIEF EXECUT IVE OFFICER, THE COUNTY COUNCIL ; OR 18
(II) FOR A CHARTER COUNTY THAT HAS AN ELECTED CHIEF 19
EXECUTIVE OFFICER , THE COUNTY COUNCIL O R THE COUNTY COUNCIL AND THE 20
COUNTY EXECUTIVE THE GOVERNING BODY O F THE COUNTY, AS PROVIDED BY THE 21
COUNTY CHARTER ; OR 22
(2) (III) FOR A CODE OR COMMISS ION COUNTY , THE COUNTY 23
COMMISSIONERS ; OR 24
(3) (2) FOR BALTIMORE CITY, THE MAYOR AND CITY COUNCIL OF 25
BALTIMORE CITY. 26
(I) “MANAGEMENT EMPLOYEE ” MEANS AN EMPLOYEE WH O GENERALLY 27
HAS AUTHORITY AND WH O: 28
(1) FORMULATES POLICY THA T IS APPLICABLE THRO UGHOUT A 29
BARGAINING UNIT ; 30
4 HOUSE BILL 609
(2) HAS A SIGNIFICANT ROL E IN PERSONNEL ADMIN ISTRATION, 1
EMPLOYEE RELATIONS , OR THE PREPARATION A ND ADMINISTRATION OF BUDGETS 2
FOR THE EMPLOYER ; OR 3
(3) MAY REASONABLY BE REQ UIRED TO: 4
(I) ASSIST DIRECTLY IN TH E PREPARATION FOR AN D CONDUCT 5
OF COLLECTIVE BARGAI NING NEGOTIATIONS ON BEHALF OF THE EMPLOY ER; OR 6
(II) HAVE A MAJOR ROLE IN THE ADMINISTRATION O F 7
RESULTING COLLECTIVE BARGAINING AGREEMENT S. 8
(J) (1) “PUBLIC LIBRARY SYSTEM” MEANS A COUNTY PUBLI C LIBRARY 9
SYSTEM. 10
(2) “PUBLIC LIBRARY SYSTEM ” INCLUDES THE ENOCH PRATT FREE 11
LIBRARY. 12
(3) “PUBLIC LIBRARY SYSTEM ” DOES NOT INCLUDE THE PUBLIC 13
LIBRARY SYSTEM OF BALTIMORE COUNTY, MONTGOMERY COUNTY, OR PRINCE 14
GEORGE’S COUNTY. 15
(K) “SUPERVISORY EMPLOYEE ” MEANS AN EMPLOYEE WH O IS AUTHORIZED 16
TO: 17
(1) HIRE, TRANSFER, SUSPEND, LAY OFF, RECALL, PROMOTE, 18
DISCHARGE, ASSIGN, REWARD, OR DISCIPLINE EMPLOY EES; 19
(2) RESPONSIBLY DIRECT EM PLOYEES FOR MORE THA N 50% OF THE 20
EMPLOYEE’S WORKING HOURS ; OR 21
(3) ADDRESS AND RESOLVE T HE GRIEVANCES OF EMP LOYEES. 22
23–902. 23
(A) THERE MAY BE NOT MORE THAN TWO BARGAINING UNITS AT EACH 24
PUBLIC LIBRARY SYSTE M INCLUDING: 25
(1) ONE BARGAINING UNIT FOR E MPLOYEES; AND 26
(2) ONE BARGAINING UNIT F OR SUPERVISORY EMPLO YEES. 27
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 28
BARGAINING UNIT MAY CONTAIN FULL–TIME OR PART–TIME EMPLOYEES . 29 HOUSE BILL 609 5
(2) A BARGAINING UNIT MAY NOT INCLUDE VOLUNTEERS OR 1
TEMPORARY EMPLOYEES WITH LESS THAN 90 DAYS OF SERVICE IN A 12–MONTH 2
PERIOD. 3
(C) (1) THIS SUBTITLE MAY NOT BE CONSTRUED TO MODI FY OR 4
TERMINATE A BARGAINI NG UNIT THAT WAS REC OGNIZED OR IN EXISTE NCE ON OR 5
BEFORE JUNE 30, 2024. 6
(2) (I) IF AN EMPLOYEE ORGANI ZATION HAS BEEN CERT IFIED 7
UNDER STATE OR LOCAL LAW ON OR BEFORE JUNE 30, 2024, TO BE AN EXCLUSIVE 8
REPRESENTATIVE OF EM PLOYEES OF A PUBLIC LIBRARY SYSTEM , THE EMPLOYER 9
SHALL ACCRETE ALL EL IGIBLE POSITIONS INT O THE EXISTING BARGA INING UNIT IN 10
ACCORDANCE WITH THIS SECTION ON REQUEST O F THE EXCLUSIVE 11
REPRESENTATIVE . 12
(II) AN ACCRETION UNDER TH IS SUBSECTION SHALL BE 13
SUBJECT TO A SHOWING OF INTEREST AND ELEC TION BY EMPLOYEES IN THE 14
ACCRETED POSITIONS I N ACCORDANCE WITH TH E PROCEDURES UNDE R § 23–907 OF 15
THIS TITLE. 16
23–903. 17
(A) AN EMPLOYEE WHO MAY E FFECTIVELY RECOMMEND AN ACTION LISTED 18
IN § 23–901(I) OF THIS SUBTITLE MAY BE DEEMED A MANAGEME NT EMPLOYEE IF 19
THE EMPLOYEE ’S EXERCISE OF THE AU THORITY REQUIRES THE EXERCISE OF 20
INDEPENDENT JUDGME NT AND IS NOT MERELY OF A ROUTINE OR CLER ICAL 21
NATURE. 22
(B) THE EXERCISE OF ANY S INGLE FUNCTION LISTE D IN § 23–901(I) OF THIS 23
SUBTITLE MAY NOT NEC ESSARILY REQUIRE THE CONCLUSION THAT THE 24
INDIVIDUAL EXERCISIN G THAT FUNCTION IS I N FACT A MANAGEMENT EMPLOYEE 25
WITHIN THE MEANING O F THE DEFINITION . 26
(C) IN DIFFERENTIATING A MANAGEMENT EMPLOYEE FROM A 27
NONMANAGEMENT EMPLOY EE: 28
(1) A CLASS TITLE ALONE MA Y NOT BE THE BASIS F OR 29
DETERMINATION ; AND 30
(2) THE NATURE OF THE MAN AGEMENT EMPLOYEE ’S WORK, 31
INCLUDING WHETHER A SIGNIFICAN T PORTION OF THE MAN AGEMENT EMPLOYEE ’S 32
WORKING TIME IS SPEN T AS PART OF A TEAM THAT INCLUDES NONMAN AGEMENT 33
EMPLOYEES, SHALL BE CONSIDERED . 34 6 HOUSE BILL 609
23–904. 1
EMPLOYEES OF THE EMPL OYER MAY: 2
(1) FORM, JOIN, AND PARTICIPATE IN A N EMPLOYEE ORGAN IZATION; 3
(2) BARGAIN COLLECTIVELY THROUGH A CERTIFIED EXCLUSIVE 4
REPRESENTATIVE OF TH EIR CHOICE; 5
(3) ENGAGE IN LAWFUL CONC ERTED ACTIVITIES FOR THEIR MUTUAL 6
AID AND PROTECTION ; AND 7
(4) REFRAIN FROM ANY ACTI VITY COVERED UNDER I TEMS (1) 8
THROUGH (3) OF THIS SECTION. 9
23–905. 10
(A) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE 11
HAVE A RESPONSIBILIT Y TO ENGAGE IN GOOD FAITH BARGAINING OVE R MATTERS 12
REQUIRED BY LAW . 13
(B) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE 14
JOINTLY SHALL BE RES PONSIBLE FOR FOSTERIN G A POSITIVE LABOR R ELATIONS 15
ENVIRONMENT BASED ON MUTUAL TRUST , RESPECT, COMMUNICATION , AND 16
COOPERATION . 17
(C) THE GOAL OF COLLECTIV E BARGAINING IS THE DELIVERY OF QUALITY 18
PUBLIC SERVICES TO T HE RESIDENTS OF THE STATE IN A MANNER THA T IS 19
CONSISTENT AND COMPL IANT WITH LAW. 20
23–906. 21
(A) THE EMPLOYER SHALL RE COGNIZE THE RIGHT OF THE CERTIFIED 22
EXCLUSIVE REPRESENTA TIVE TO REPRESENT TH E EMPLOYEES IN THE U NIT IN 23
COLLECTIVE BARGAININ G AND IN THE GRIEVAN CE PROCESS. 24
(B) THE CERTIFIED EXCLUSI VE REPRESENTATIVE OF A UNIT SHALL: 25
(1) SERVE AS THE SOLE AGE NT FOR THE UNIT IN C OLLECTIVE 26
BARGAINING; AND 27
(2) REPRESENT ALL EMPLOYE ES IN THE UNIT FAIRL Y AND IN GOOD 28
FAITH, IN A MANNER THAT IS NOT ARBITRARY OR DIS CRIMINATORY . 29 HOUSE BILL 609 7
23–907. 1
(A) (1) AN EMPLOYEE ORGANIZATIO N SEEKING CERTIFICAT ION AS THE 2
EXCLUSIVE REPRESENTA TIVE FOR THE BARGAIN ING UNIT OF EMPLOYEE S MAY FILE 3
A PETITION WITH THE EMPLOYER INDICATING THIS INTENT. 4
(2) THE PETITION SHALL CO NTAIN: 5
(I) A REQUEST THAT THE EMP LOYER RECOGNIZE THE 6
EMPLOYEE ORGANIZATIO N AS THE EXCLUSIVE R EPRESENTATIVE OF THE 7
EMPLOYEES IN THE BAR GAINING UNIT; 8
(II) A STATEMENT THAT THE E MPLOYEE ORGANIZATION IS ONE 9
IN WHICH EMPLOYEES P ARTICIPATE AND THAT HAS AS ONE OF ITS PU RPOSES THE 10
REPRESENTATION OF PU BLIC EMPLOYEES IN MATTERS O F WAGES, HOURS, AND 11
OTHER TERMS AND COND ITIONS OF EMPLOYMENT ; 12
(III) A STATEMENT THAT THE E MPLOYEE ORGANIZATION HAS NO 13
TERMS OR CONDITIONS OF MEMBERSHIP THAT D ISCRIMINATE WITH REG ARD TO 14
RACE, COLOR, CREED, GENDER, AGE, POLITICAL AFFI LIATION, NATIONAL ORIGIN , 15
RELIGION, MARITAL STATUS , OR DISABILITY; AND 16
(IV) A STATEMENT THAT THE E MPLOYEE ORGANIZATION HAS IN 17
ITS POSSESSION WRITT EN PROOF DATED NOT M ORE THAN 18 MONTHS BEFORE THE 18
DAY ON WHICH THE PET ITION IS FILED ESTAB LISHING THAT AT LEAST 30% OF THE 19
EMPLOYEES IN THE BAR GAINING UNIT: 20
1. HAVE DESIGNATED THE E MPLOYEE ORGANIZATION 21
TO REPRESENT THEM IN THEIR EMPLOYMENT REL ATIONS WITH THE EMPL OYER; OR 22
2. ARE MEMBERS OF THE EM PLOYEE ORGANIZATION . 23
(3) BEFORE A PETITION MAY BE PROCESSED, THE PROOF OF 24
INTEREST SUBMITTED S HALL BE VERIFIED AS PROVIDED IN THIS SEC TION. 25
(4) THE EMPLOYEE ORGANIZA TION AND THE EMPLOYE R SHALL 26
EQUALLY BEAR ANY COS TS ASSOCIATED WITH T HE VERIFICATION . 27
(B) (1) (I) WHEN AN EMPLOYEE ORGA NIZATION OR EMPLOYEE S IN A 28
BARGAINING UNIT FILE A PETITION WITH THE EMPLOYER, THE EMPLOYEE 29
ORGANIZATION OR EMPL OYEES SHALL SELECT A NEUTRAL DECISION MAK ER FROM 30
A REFERRAL OR LIST O F ARBITRATORS PROVID ED BY THE FEDERAL MEDIATION 31
AND CONCILIATION SERVICE. 32 8 HOUSE BILL 609
(II) THE EMPLOYEE O RGANIZATION OR EMPLO YEES IN THE 1
BARGAINING UNIT SHAL L SUBMIT TO THE NEUT RAL DECISION MAKER S ELECTED 2
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH TH E AUTHORIZATION CARD S 3
SIGNED AND DATED BY AT LEAST 30% OF THE EMPLOYEES IN THE BARGAINING UNIT 4
NOT MORE THAN 18 MONTHS BEFORE THE DAY THE PETITION WAS FIL ED 5
INDICATING, AS APPROPRIATE , THAT THE EMPLOYEES H AVE DESIGNATED THE 6
EMPLOYEE ORGANIZATIO N TO REPRESENT THEM IN THEIR EMPLOYMENT 7
RELATIONS WITH THE P UBLIC LIBRARY SYSTEM ADMINISTRATION . 8
(2) THE EMPLOYEE ORGANIZA TION SHALL COPY THE EMPLOYER ON 9
THE REQUEST FOR A NE UTRAL DECISION MAKER IN ORDER FOR THE PUB LIC 10
LIBRARY SYSTEM TO RE CEIVE NOTICE OF THE SELECTION OF THE NEU TRAL 11
DECISION MAKER FOR T HE CERTIFICATION PRO CESS. 12
(C) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , 13
WITHIN 2 CALENDAR DAYS AFTER THE DAY ON WHICH THE EMPLOYER RECEIVES 14
THE PETITION, THE EMPLOYER SHALL SUBMIT TO THE EMPLOYEE ORGANIZATIO N 15
AND NEUTRAL DECISION MAKER: 16
1. A LIST OF EMPLOYEES IN THE BARGAINING UNIT 17
THAT IDENTIFIES EACH EMPLOYEE THAT THE EM PLOYER CONTENDS SHOU LD BE 18
EXCLUDED AS AN ELIGI BLE VOTER OR FROM TH E BARGAINING UNIT ; AND 19
2. A STATEMENT EXPLAINING THE REASON FOR EACH 20
EXCLUSION. 21
(II) IF A NEUTRAL DECISION MAKER HAS NOT BEEN S ELECTED 22
WHEN THE EMPLOYER IS REQUIRED TO SUBMIT T HE LIST REQUIRED UND ER 23
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE EMPLOYER SHALL I NSTEAD SUBMIT 24
THE LIST WITHIN 1 CALENDAR DAY AFTER T HE NEUTRAL DECISION MAKER HAS 25
BEEN SELECTED. 26
(III) IF THE EMPLOYER FAILS TO PROVIDE AN EXPLAN ATION AS 27
REQUIRED UNDER ITEM (I)2 OF THIS PARAGRAPH , THE EMPLOYER MAY NOT 28
CHALLENGE THE ELIGIB ILITY OF AN EMPLOYEE ’S VOTE IN AN ELECTIO N OR THE 29
ELIGIBILITY TO SUBMI T A SHOWING OF INTER EST FORM FOR PURPOSES OF 30
SUBSECTION (D)(3) OF THIS SECTION. 31
(2) IF THE EMPLOYER FAILS TO SUBMIT THE LIST OF EMPLOYEES TO 32
THE EMPLOYEE ORGANIZ ATION OR NEUTRAL DEC ISION MAKER WITHIN T HE 33
REQUIRED TIME , IT SHALL BE CONCLUSI VELY DEEMED THAT AT LEAST 30% OF THE 34
EMPLOYEES IN THE BARGAIN ING UNIT HAVE INDICA TED A DESIRE TO BE 35
REPRESENTED BY THE E MPLOYEE ORGANIZATION . 36 HOUSE BILL 609 9
(D) (1) THE NEUTRAL DECISION MAKER SHALL CHECK TH E WRITTEN 1
AUTHORIZATION CARDS SUBMITTED BY THE EMP LOYEE ORGANIZATION O R THE 2
EMPLOYEES AGAINST TH E LIST OF EMPLOYEES SUBMITTE D BY THE EMPLOYER . 3
(2) IF THE NEUTRAL DECISI ON MAKER DETERMINES THAT AT LEAST 4
30% OF THE EMPLOYEES ON THE LIST HAVE INDICA TED A DESIRE TO BE 5
REPRESENTED BY THE E MPLOYEE ORGANIZATION OR TO DECERTIFY AN E XCLUSIVE 6
REPRESENTATIVE , THE NEUTRAL DECISION MAKER SHALL NOTIFY THE EMP LOYER 7
OF THE DETERMINATION . 8
(3) IF THE EMPLOYEE ORGAN IZATION SUBMITS A SH OWING OF 9
INTEREST OF AT LEAST 50% OF THE EMPLOYEES IN AN UNREPRESENTED 10
BARGAINING UNIT : 11
(I) THE NEUTRAL DECISION MAKER SHALL ISSUE TO EACH 12
PARTICIPANT IN AN EL ECTION A CERTIFICATI ON OF REPRESENTATION ; AND 13
(II) THE EMPLOYER SHALL RECOGNIZE THE EMPLOYEE 14
ORGANIZATION AS THE CERTIFIED BARGAINING REPRESENTATIVE OF TH E 15
EMPLOYEES AT ISSUE . 16
(E) AN ELECTION MAY NOT B E CONDUCTED IN A BAR GAINING UNIT UNLESS 17
AT LEAST 1 YEAR HAS PASSED SINC E THE LAST ELECTION HELD IN THE BARGAINI NG 18
UNIT. 19
(F) (1) THE EMPLOYER SHALL NOTIFY ALL EMP LOYEES WITHIN THE 20
PROPOSED BARGAINING UNIT THAT AN ELECTIO N WILL BE HELD AND R EQUEST A 21
NEUTRAL DECISION MAK ER FROM THE FEDERAL MEDIATION AND CONCILIATION 22
SERVICE TO OVERSEE AN D CONDUCT AN ELECTIO N BY SECRET BALLOT . 23
(2) THE BALLOT FOR AN ELE CTION SHALL INCLUDE THE FOLLOWING 24
CHOICES: 25
(I) IN ACCORDANCE WITH TH E ISSUES PRESENTED B Y THE 26
PETITION OR PETITION S, EXCLUSIVE REPRESENTATION BY AN Y EMPLOYEE 27
ORGANIZATION SEEKING TO OBTAIN OR CONTINU E REPRESENTATION RIG HTS; AND 28
(II) NO EXCLUSIVE REPRESEN TATION. 29
(G) AN EMPLOYEE ORGANIZAT ION MAY INTERVENE IN THE ELECTION AND 30
HAVE ITS NAME PLACED ON THE BALLOT IF : 31
10 HOUSE BILL 609
(1) THE EMPLOYEE ORGANIZATIO N FILES A PETITION N OT MORE 1
THAN 15 CALENDAR DAYS AFTER THE DATE ON WHICH TH E ORIGINAL PETITION IS 2
FILED; 3
(2) THE EMPLOYEE ORGANIZA TION CERTIFIES THAT AT LEAST 30% 4
OF THE EMPLOYEES OF THE UNIT: 5
(I) HAVE DESIGNATED THE E MPLOYEE OR GANIZATION TO 6
REPRESENT THEM IN TH EIR EMPLOYMENT RELAT IONS WITH THE PUBLIC LIBRARY 7
SYSTEM ADMINISTRATIO N; OR 8
(II) ARE MEMBERS OF THE EM PLOYEE ORGANIZATION ; AND 9
(3) THE SHOWING OF INTERE ST IS VERIFIED AS PR OVIDED IN THIS 10
SECTION. 11
(H) (1) WITHIN 15 DAYS AFTER A NEUTRAL DECISION MAKER IS 12
SELECTED, THE NEUTRAL DECISION MAKER SHALL HOLD A C ONFERENCE WITH THE 13
PARTIES DURING WHICH ALL OBJECTIONS TO TH E PETITION AND THE C ONDUCT OF 14
THE ELECTION MUST BE RAISED. 15
(2) (I) THE ELECTION SHALL BE CONDUCTED : 16
1. ACCORDING TO THE PROC EDURES ESTABLISHED B Y 17
THE NEUTRAL DECISION MAKER FROM THE FEDERAL MEDIATION AND 18
CONCILIATION SERVICE CONDUCTING TH E ELECTION; 19
2. SUBJECT TO SUBPARAGRA PH (II) OF THIS 20
PARAGRAPH , IN CONSULTATION WITH THE PARTIES THAT ATT ENDED THE 21
CONFERENCE REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION ; AND 22
3. WITHIN 90 DAYS AFTER THE DAY O F FILING THE 23
PETITION WITH THE EM PLOYER. 24
(II) 1. AN EMPLOYEE ORGANIZAT ION ON A BALLOT MAY 25
REQUEST A PREFERRED METHOD OF VOTING . 26
2. THE NEUTRA L DECISION MAKER SHA LL DESIGNATE 27
THE METHOD OF VOTING BASED ON THE REQUEST OF THE EMPLOYEE 28
ORGANIZATIONS ON THE BALLOT. 29
3. IF THERE IS A DISPUTE BETWEEN TWO OR MORE 30
EMPLOYEE ORGANIZATIO NS ON THE BALLOT OVE R THE METHOD OF VOTI NG, THE 31
NEUTRAL DECISION M AKER MAY DESIGNATE T HE METHOD OF VOTING . 32 HOUSE BILL 609 11
(3) AN EMPLOYEE ORGANIZAT ION SHALL BE CERTIFI ED AS 1
EXCLUSIVE REPRESENTA TIVE FOLLOWING AN EL ECTION IF THE EMPLOY EE 2
ORGANIZATION HAS REC EIVED THE VOTE OF A MAJORITY OF THE VALI D VOTES CAST 3
IN THE BARGAINING UN IT IN WHICH THE ELECTIO N IS HELD. 4
(4) (I) IF AN ELECTION INCLUD ES THREE OR MORE CHO ICES AND 5
NO CHOICE RECEIVES A MAJORITY OF THE VALI D VOTES CAST , THE NEUTRAL 6
DECISION MAKER SHALL CONDUCT A RUNOFF ELE CTION BETWEEN THE TW O 7
CHOICES THAT RECEIVE D THE LARGEST NUMBER OF VALID VOTE S CAST. 8
(II) THE CHOICE RECEIVING THE MAJORITY OF THE VALID 9
VOTES CAST IN THE RU NOFF ELECTION SHALL BE CERTIFIED. 10
(5) THE NEUTRAL DECISION MAKER CONDUCTING THE ELECTION 11
SHALL ISSUE TO ALL T HE PARTICIPANTS IN A N ELECTION A CERTIFI CATION OF 12
REPRESENTATION , IF AN EMPLOYEE ORGAN IZATION IS CERTIFIED , OR THE RESULTS 13
OF THE ELECTION , IF NO REPRESENTATIVE IS CHOSEN. 14
(I) (1) IF THE EMPLOYER DISAGREES WITH THE P ETITIONING EMPLOYEE 15
ORGANIZATION OR THE PETITIONING EMPLOYEE S AS TO THE INCLUS ION OR 16
EXCLUSION OF SPECIFI C EMPLOYEES AND CLAS SIFICATIONS OF EMPLO YEES IN THE 17
BARGAINING UNIT , ALL THE EMPLOYEES IN THE PETITIONED –FOR GROUP SHALL 18
HAVE THE OPPORTUNITY TO VOTE IN THE ELECT ION. 19
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE BALLOT S 20
OF CHALLENGED EMPLOY EES SHALL REMAIN SEA LED AND BE SET ASIDE UNTIL THE 21
BALLOTS OF EMPLOYEES WHO ARE NOT IN DISPU TE HAVE BEEN TALLIED . 22
(3) (I) IF THE TOTAL NUMBER O F BALLOTS OF CHALLEN GED 23
EMPLOYEES DOES NOT H AVE AN IMPACT ON THE ELECTION RESULT : 24
1. THE PARTIES MAY NOT C OUNT THE BALLOTS OF 25
CHALLENGED EMPLOYEES ; AND 26
2. THE NEUTRAL DECISION MAKER SHALL RESOLVE THE 27
DISPUTE OVER THE CHA LLENGED EMPLOYEES AF TER THE ELECTION IS CERTIFIED 28
THROUGH A HEARING . 29
(II) IF THE TOTAL NUMBER O F BALLOTS OF C HALLENGED 30
EMPLOYEES DOES HAVE AN IMPACT ON THE ELE CTION RESULT, THE PARTIES SHALL 31
IMMEDIATELY REFER TH E DISPUTE TO THE NEU TRAL DECISION MAKER FROM THE 32
FEDERAL MEDIATION AND CONCILIATION SERVICE TO RESOLVE TH E DISPUTE 33
THROUGH A HEARING . 34 12 HOUSE BILL 609
(4) (I) THE NEUTR AL DECISION MAKER SH ALL HOLD A HEARING 1
ON THE DISPUTE REFER RED UNDER PARAGRAPH (3)(II) OF THIS SUBSECTION : 2
1. WITH THE PARTIES PRES ENTING EVIDENCE ON T HEIR 3
POSITIONS; AND 4
2. WITHIN 30 DAYS AFTER THE ELECT ION HAS 5
CONCLUDED . 6
(II) IF THE NEUTRAL DECISI ON MAKER FINDS THAT 7
CHALLENGED EMPLOYEES ARE PROPERLY INCLUDE D WITHIN THE BARGAIN ING 8
UNIT, THE BALLOTS OF THE C HALLENGED EMPLOYEES SHALL BE COUNTED IN THE 9
TOTAL TALLY FOR THE ELECTION. 10
(III) 1. THE NEUTRAL DECISION MAKER SHALL ISS UE A 11
DECISION WITHIN 30 DAYS AFTER THE HEARI NG CONCLUDES . 12
2. THE NEUTRAL DECISION MAKER’S FINDINGS SHALL 13
BE FINAL AND BINDING ON THE PARTIES . 14
(J) (1) IF EMPLOYEES ARE REPR ESENTED BY AN EMPLOY EE 15
ORGANIZATION , EMPLOYEES MAY FILE A PETITION WITH THE EMPLOYER THAT 16
CONTAINS THE FOLLOWI NG: 17
(I) AN ASSERTION THAT THE MAJORITY OF THE EMPL OYEES NO 18
LONGER WISH TO BE RE PRESENTED BY THE EMP LOYEE ORGANIZATION ; 19
(II) A STATEMENT THAT THE E MPLOYEES HAVE IN THE IR 20
POSSESSION SUBSTANTI VE DOCUMENTARY PROOF , DATED NOT MORE THAN 6 21
MONTHS BEFORE THE DA Y ON WHICH THE PETIT ION IS FILED, THAT AT LEAST 30% 22
OF THE EMPLOYEES WIT HIN THE BARGAINING U NIT APPROVE OF THE 23
DECERTIFICATION OF T HE EMPLOYEE ORGANIZA TION; AND 24
(III) A STATEMENT EXPLAINING THAT THE EMPLOYEES A RE 25
SEEKING DECERTIFICAT ION OF THE EMPLOYEE ORGANIZATION AS THE EXCLUSIVE 26
REPRESENTATIVE FOR T HE BARGAINING UNIT . 27
(2) (I) THE PETITION SHALL BE PROCESSED AS DESCRIB ED IN 28
THIS SECTION , INCLUDING VERIFICATI ON OF PROOF OF INTER EST AND AN 29
ELECTION. 30
(II) AN EMPLOYEE ORGANIZATIO N SHALL BE DECERTIFI ED AS 31
EXCLUSIVE REPRESENTA TIVE FOLLOWING AN EL ECTION IF THE MAJORI TY OF THE 32 HOUSE BILL 609 13
VALID VOTES CAST IN THE UNIT IN WHICH TH E ELECTION IS HELD A RE FOR NO 1
REPRESENTATION . 2
23–908. 3
(A) IF AN EMPLOYEE ORGANI ZATION IS CERTIFIE D AS DESCRIBED IN TH IS 4
SUBTITLE, THE EMPLOYER AND THE EMPLOYEE ORGANIZATIO N SHALL ENTER INTO 5
A COLLECTIVE BARGAIN ING AGREEMENT THAT C ONTAINS PROVISIONS R EGARDING: 6
(1) WAGES, HOURS, AND TERMS AND CONDIT IONS OF EMPLOYMENT ; 7
(2) THE ORDERLY PROCESSIN G AND SETTLEMENT OF GRIE VANCES 8
REGARDING THE INTERP RETATION AND IMPLEME NTATION OF THE COLLE CTIVE 9
BARGAINING AGREEMENT THAT CULMINATE IN FI NAL AND BINDING ARBI TRATION, 10
INCLUDING APPEALS OF DISCIPLINARY AND OTH ER ADVERSE PERSONNEL ACTIONS 11
SUBJECT TO JUDICIAL REVIEW UNDER THE MARYLAND UNIFORM ARBITRATION 12
ACT; AND 13
(3) OTHER TOPICS THAT THE PARTIES MAY MUTUALLY AGREE TO 14
THAT WERE SUITABLE F OR BARGAINING . 15
(B) (1) THE EMPLOYER AUTOMATI CALLY SHALL DEDUCT F ROM THE 16
PAYCHECK OF AN EMPLO YEE WHO IS A MEMBER OF THE BARGAINING UNIT 17
REPRESENTED BY THE C ERTIFIED EXCLUSIVE R EPRESENTATIVE DUES A UTHORIZED 18
AND OWED BY THE EMPL OYEE TO THE CERTIFIE D EXCLUSIVE REPRESEN TATIVE IF 19
THE EMPLOYEE SUBMITS TO THE EMPLOYER A DU ES DEDUCTION AUTHORI ZATION 20
THAT HAS BEEN DULY E XECUTED BY T HE EMPLOYEE . 21
(2) ANY DUES DEDUCTED FRO M PAYCHECKS UNDER PA RAGRAPH (1) 22
OF THIS SUBSECTION S HALL BE REMITTED TO THE CERTIFIED EXCLUS IVE 23
REPRESENTATIVE . 24
(3) THE EMPLOYER AUTOMATI CALLY SHALL STOP MAK ING PAYROLL 25
DEDUCTIONS UNDER PAR AGRAPH (1) OF THIS SUBS ECTION ON BEHALF OF A 26
CERTIFIED EXCLUSIVE REPRESENTATIVE IF : 27
(I) THE CERTIFIED EXCLUSI VE REPRESENTATIVE IS 28
DECERTIFIED; 29
(II) THE CERTIFIED EXCLUSI VE REPRESENTATIVE ’S RIGHT TO 30
DUES IS REVOKED UNDE R § 23–913(D)(3) OF THIS SUBTITLE; 31
14 HOUSE BILL 609
(III) THE EMPL OYEE CEASES TO BE A MEMBER OF THE 1
BARGAINING UNIT REPR ESENTED BY THE CERTI FIED EXCLUSIVE REPRE SENTATIVE; 2
OR 3
(IV) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION , THE 4
EMPLOYEE REVOKES THE AUTHORIZATION FOR PA YMENTS TO THE EXCLUS IVE 5
REPRESENTATIVE IN AC CORDANCE WITH THE PROCEDU RES PROVIDED IN A DU ES 6
DEDUCTION AUTHORIZAT ION. 7
(4) THE PROCEDURES PROVID ED IN A DUES DEDUCTI ON 8
AUTHORIZATION UTILIZ ED UNDER THIS SUBSEC TION SHALL ALLOW FOR A 9
REVOCATION OF THE AU THORIZATION FOR PAYM ENTS TO THE EXCLUSIV E 10
REPRESENTATI VE AT LEAST ANNUALLY . 11
(C) THIS SECTION MAY NOT BE CONSTRUED TO : 12
(1) AUTHORIZE OR OTHERWIS E ALLOW AN EMPLOYEE TO ENGAGE IN 13
A STRIKE OR WORK STO PPAGE, AS THOSE TERMS ARE D EFINED IN § 23–913 OF THIS 14
SUBTITLE; OR 15
(2) RESTRICT THE AUTHORIT Y OF THE GOVERNING FUNDING BODY 16
OF THE APPLICABLE CO UNTY TO DETERMINE THE BUD GET OF THE EMPLOYER . 17
(D) (1) A COLLECTIVE BARGAININ G AGREEMENT ENTERED INTO UNDER 18
SUBSECTION (A) OF THIS SECTION SHAL L BE EFFECTIVE ON RA TIFICATION BY THE 19
MAJORITY OF VOTES CA ST BY THE E MPLOYEES IN THE BARG AINING UNIT AND 20
APPROVAL BY THE DIRE CTOR AND THE EMPLOYE R. 21
(2) A SINGLE–YEAR OR MULTIYEAR CO LLECTIVE BARGAINING 22
AGREEMENT SHALL EXPI RE AT THE CLOSE OF T HE COUNTY’S FISCAL YEAR. 23
23–909. 24
(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 25
THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL REACH 26
AN AGREEMENT BY FEBRUARY 1 OF THE YEAR IN WHICH A COLLECTIVE BARGAIN ING 27
AGREEMENT WILL EXPIR E. 28
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE 29
EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE MUTUA LLY MAY 30
AGREE TO EXTEND NEGO TIATIONS FOR A PERIO D NOT TO EXTEND PAST JUNE 30 OF 31
THE YEAR IN WHICH A COLLECTIVE BARGAININ G AGREEMENT WILL EXP IRE. 32
HOUSE BILL 609 15
(3) ANY EXTENSION MUST AC KNOWLEDGE ANY RELEVA NT COUNTY 1
BUDGETARY DEA DLINES IN WRITING TO ENSURE THAT PARTIES MEET CRUCIAL 2
FUNDING DEADLINES . 3
(B) AN IMPASSE IS REACHED DURING THE NEGOTIATI ONS BETWEEN THE 4
EMPLOYER AND THE CER TIFIED EXCLUSIVE REP RESENTATIVE IF THE E MPLOYER 5
AND THE CERTIFIED EX CLUSIVE REPRESENTATI VE DO NOT REACH AN AGREEMENT 6
BY: 7
(1) STATING THEY HAVE MUT UALLY AGREED THAT TH EY ARE AT AN 8
IMPASSE; 9
(2) FEBRUARY 1 OF THE YEAR IN WHICH A COLLECTIVE BARGAIN ING 10
AGREEMENT WILL EXPIR E; OR 11
(3) IF NEGOTIATIONS WERE EXTENDED, THE DATE TO WHICH 12
NEGOTIATIONS WERE E XTENDED UNDER SUBSEC TION (A)(2) OF THIS SECTION. 13
(C) (1) IF AN IMPASSE IS REAC HED UNDER SUBSECTION (B) OF THIS 14
SECTION, THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL 15
EACH SUBMIT A FINAL OFFER TO THE OTHER P ARTY WITHIN 48 HOURS AFTER THE 16
IMPASSE IS REACHED . 17
(2) UNLESS THE IMPASSE RE ACHED UNDER SUBSECTI ON (B) OF THIS 18
SECTION HAS BEEN RES OLVED, THE DISPUTE AND THE FINAL OFFERS SHALL B E 19
SUBMITTED TO THE MED IATOR SELECTED BY TH E PARTIES IN ACCORDA NCE WITH 20
SUBSECTION (D) OF THIS SECTION. 21
(D) (1) WITHIN 30 DAYS AFTER A MEDIATO R IS SELECTED BY THE 22
PARTIES, THE MEDIATOR SHALL : 23
(I) MEET WITH THE EMPLOYE R AND THE CERTIFIED 24
EXCLUSIVE REPRESENTA TIVE; AND 25
(II) MAKE WRITTEN FINDINGS OF FACT AND 26
RECOMMENDATIONS FOR THE RESOLUTION OF TH E DISPUTE IN ACCORDANCE WITH 27
THIS SUBSECTION . 28
(2) (I) IF THE PARTIES ARE UN ABLE TO AGREE ON A M EDIATOR, 29
THEY SHALL REQUEST A LIST OF SEVEN MEDIAT ORS FROM THE FEDERAL 30
MEDIATION AND CONCILIATION SERVICE. 31
(II) 1. SUBJECT TO SUBSUBPARA GRAPH 2 OF THIS 32
SUBPARAGRAPH , WITHIN 3 WORKING DAYS AFTER R ECEIVING THE LIST UN DER 33 16 HOUSE BILL 609
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE PARTIES SHALL AL TERNATELY 1
REMOVE ONE MEDIATOR FROM THE LIST UNTIL ONLY ONE MEDIATOR RE MAINS, WHO 2
THE PARTIES SHALL AG REE WILL SERVE AS TH E MEDIATOR U NDER THIS 3
SUBSECTION. 4
2. THE PARTIES SHALL SEL ECT WHICH PARTY REMO VES 5
THE FIRST MEDIATOR F ROM THE LIST BY USIN G A SELECTION METHOD THAT IS 6
RANDOM AND OF EQUAL CHANCE FOR BOTH PART IES. 7
(3) THE MEDIATOR SHALL AC T AS AN INTERMEDIARY IN BRINGING 8
THE PARTIES TOGETHER AND SHALL ACTIVELY ASSIS T THE PARTIES IN RES OLVING 9
THE DISPUTE BY: 10
(I) CONDUCTING PROCEEDING S IN ACCORDANCE WITH THIS 11
SUBSECTION; 12
(II) IDENTIFYING THE MAJOR ISSUES IN THE DISPUT E BETWEEN 13
THE PARTIES; 14
(III) REVIEWING THE POSITIO NS OF THE PARTIES; AND 15
(IV) RECOMMENDING A RESOLU TION FOR THE AGREEME NT OF 16
THE PARTIES. 17
(4) A RESOLUTION UNDER THI S SUBSECTION: 18
(I) SHALL ADDRESS MATTERS SUCH AS WAGES , HOURS, OR 19
TERMS AND CONDITIONS OF EMPLOYMENT ; 20
(II) EXCEPT FOR COSTS ASSE SSED TO EMPLOYEES FOR HEALTH 21
CARE BENEFITS , MAY NOT INCLUDE HEAL TH CARE BENEFITS UNL ESS THE BENEFITS 22
ARE CONTRACTED DIREC TLY THROUGH THE PUBL IC LIBRARY SYSTEM ; AND 23
(III) MAY NOT EXCEED 1 FISCAL YEAR, UNLESS AGREED TO BY 24
THE PARTIES. 25
(5) (I) ANY RESOLUTION UNDER THIS SUB SECTION REGARDING 26
PENSION BENEFITS SHA LL BE CONSTRUED AS A RECOMMENDATION FOR 27
CONSIDERATION BY THE PENSION SPONSOR OF T HE STATE OR RESPECTIVE 28
COUNTY. 29
(II) A CHANGE MAY NOT BE MA DE TO PENSION BENEFI TS 30
UNLESS AN APPROPRIAT E PLAN AMEND MENT IS ADOPTED BY T HE PLAN SPONSOR 31
OF THE STATE OR RESPECTIVE C OUNTY. 32 HOUSE BILL 609 17
(6) (I) BEFORE ISSUING A FINA L DECISION, THE MEDIATOR SHALL 1
TAKE INTO CONSIDERAT ION, AMONG ANY OTHER RELE VANT FACTORS : 2
1. THE WAGES AND PENSION BENEFITS, NOT INCLUDING 3
HEALTH CARE BENEFITS , OF THE EMPLOYEES OF THE BARGAINING UNIT ; 4
2. THE WAGES AND PENSION BENEFITS OF OTHER 5
SIMILARLY SITUATED E MPLOYEES PERFORMING SIMILAR SERVICES IN LIBRARIES 6
OF COMPARABLE COUNTI ES IN THE STATE, TAKING INTO CONSIDER ATION THE 7
COST–OF–LIVING INDEX FOR THE AREA I N WHICH THE COMPARAB LE COUNTY IS 8
LOCATED; 9
3. WAGES AND PENSION BEN EFITS OF SIMILARLY 10
SITUATED COUNTY EMPL OYEES; 11
4. THE LAST PUBLISHED AN NUAL U.S. DEPARTMENT OF 12
LABOR CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR ALL ITEMS IN 13
THE WASHINGTON–BALTIMORE AREA ; 14
5. THE SPECIAL NATURE OF THE WORK PERFORMED B Y 15
THE EMPLOYEES OF THE BARGAINING UNIT , INCLUDING: 16
A. PHYSICAL REQUIREMENTS OF EMPLOYMENT ; 17
B. EDUCATIONAL REQUIREME NTS; 18
C. JOB TRAINING AND JOB SKILLS; AND 19
D. SHIFT ASSIGNMENTS AND THE DEMANDS PLACED O N 20
THE EMPLOYEES COMPAR ED TO THE DEMANDS PL ACED ON OTHER SIMILA RLY 21
SITUATED LIBRARY EMP LOYEES IN COMPARABLE COUNTY JURISDICTIONS ; 22
6. STATE AND COUNTY MAND ATED EXPENDITURES ; 23
7. SUBJECT TO SUBPARAGRA PH (II) OF THIS 24
PARAGRAPH , AVAILABILITY OF FUND S, INCLUDING FINANCIAL SOURCES OF 25
REVENUE; AND 26
8. THE INTEREST AND WELF ARE OF THE PUBLIC . 27
(II) IN CONSIDERING THE AV AILABILITY OF FUNDS FOR WAGE 28
INCREASES, THE MEDIATOR SHALL C ONSIDER THE GENERAL FUND REVENUES OF 29
THE RESPECTIVE COUNT Y AND ANY RELATED CO UNTY REPORTS ON REVE NUES. 30 18 HOUSE BILL 609
(7) A MEDIATOR MAY NOT CONSIDER TESTIMONY R EGARDING FUNDS 1
FOR CAPITAL IMPROVEM ENTS, SURPLUS CONTINGENCY , OR RESERVE FUNDS . 2
(8) (I) THE PARTIES ARE STRON GLY ENCOURAGED TO REACH AN 3
AGREEMENT ON ALL ISS UES WHENEVER POSSIBL E. 4
(II) IF NO AGREEMENT CAN B E REACHED BY THE PAR TIES, THE 5
MEDIATOR SHALL ISSUE A REPORT WITH THE ME DIATOR’S DECISION, INCLUDING 6
WRITTEN FINDINGS OF FACT. 7
(9) THE MEDIATOR MAY ADOP T A PACKAGE OF FINAL POSITIONS OR 8
RULE ON EACH MATTER SEPARATELY. 9
(10) THE MEDIATOR SHALL SU BMIT COPIES OF THE M EDIATOR’S 10
WRITTEN FINDINGS AND RECOMMENDATIONS TO T HE EMPLOYER AND THE 11
CERTIFIED EXCLUSIVE REPRESENTATIVE ON OR BEFORE THE IMMEDIATE LY 12
FOLLOWING APRIL 2. 13
(11) ANY COSTS ASSOCIATED WITH THIS SUBSECTION SHALL BE 14
SHARED EQUALLY BY TH E EMPLOYER AND THE C ERTIFIED EXCLUSIVE 15
REPRESENTATIVE . 16
(12) THIS SUBSECTION MAY N OT BE CONSTRUED TO I NTERFERE WITH 17
ANY EFFORTS THE PART IES MAY UNDERTAKE TO REACH AN AGREEMENT A T ANY 18
TIME. 19
(13) THE GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY IS 20
NOT BOUND BY ANY DEC ISION MADE UNDER THI S SUBSECTION. 21
(14) THE PROCEDURE IN THIS SUBSECTION SHALL BE THE EXCLUSIVE 22
PROCEDURE FOR RESOLV ING DISPUTES BETWEEN THE PARTIES , UNLESS THE 23
PARTIES, BY MUTUAL AGREEMENT , DETERMINE TO USE ANO THER METHOD OF 24
DISPUTE RESOLUTION . 25
(E) (1) THE MEDIATOR SHALL SUBMIT THE FIN DINGS AND 26
RECOMMENDATIONS OF T HE MEDIATOR TO THE E MPLOYER IN A TIMELY MANNER 27
CONSISTENT WITH THE TIMING OF PARAGRAPH (2) OF THIS SUBSECTION. 28
(2) THE EMPLOYER SHALL AP PROVE ALL RECOMMENDA TIONS AND 29
FINDINGS OF THE MEDI ATOR THAT DO NOT REQ UIRE AN APPROPRIATIO N OF 30
ADDITIONAL FUNDS WIT HIN 5 14 DAYS AFTER THE MEDIA TOR’S DECISION. 31
23–910. 32 HOUSE BILL 609 19
(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUB SECTION, THE 1
EMPLOYER SHALL SUBMI T A TERM OF A COLLEC TIVE BARGAINING AGRE EMENT OR 2
MEMORANDUM OF UNDERS TANDING ENTERED INTO UNDER THIS SUBTITLE TO THE 3
GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY WITH THE EMPLOYER ’S 4
RECOMMENDATION REGAR DING WHETHER THE AGREEMENT OR THE MED IATOR’S 5
DECISION REQUIRES AN APPROPRIATION OF ADD ITIONAL FUNDS. 6
(2) THE SUBMISSION REQUIR ED UNDER THIS SUBSEC TION SHALL BE 7
MADE BEFORE THE FIRS T MEETING OF THE GOVERNING FUNDING BODY OF THE 8
APPLICABLE COUNTY THAT IMMEDIATELY FOL LOWS AN AGREEMENT BEING 9
REACHED TO ENSURE AN Y RELEVANT COUNTY BU DGETARY DEADLINES AR E NOT 10
MISSED. 11
(B) (1) THE GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY 12
MAY APPROVE OR REJEC T A REQUEST FOR ADDI TIONAL FUNDING UNDER 13
SUBSECTION (A) OF THIS SECTION, IN WHOLE OR IN PART. 14
(2) IF THE GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY 15
APPROVES A REQUEST U NDER PARAGRAPH (1) OF THIS SUBSECTION , THE 16
GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY SHALL TAKE ALL ACTIO NS 17
NECESSARY TO PROCESS THE REQUEST FOR ADDI TIONAL FUNDING. 18
(C) (1) IF ANY PART OF A REQU EST FOR ADDITIONAL F UNDING 19
SUBMITTED TO THE GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY 20
UNDER THIS SUBSECTIO N IS REJECTED , THE REQUEST FOR ADDI TIONAL FUNDS 21
SHALL BE RETURNED TO THE EMPLOYER AND THE CERTIFIED EXC LUSIVE 22
REPRESENTATIVE FOR R ENEGOTIATION WITHIN THE LIMITS OF THE FU NDING 23
ALLOCATED BY THE GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY. 24
(2) THE RENEGOTIATION SHA LL BE COMPLETED WITH IN A 25
TIMETABLE ESTABLISHE D BY THE GOVERNING FUNDING BODY OF THE APPLICABLE 26
COUNTY. 27
(3) (I) IF AN IMPASSE IS REAC HED, THE EMPLOYER AND THE 28
CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL EACH SUBMIT A FINAL OFFER, 29
WITHIN THE LIMITS OF THE FUNDING ALLOCATE D BY THE GOVERNING FUNDING 30
BODY OF THE APPLICABLE CO UNTY, FOR THE REVIEW OF THE GOVERNING FUNDING 31
BODY OF THE APPLICABLE CO UNTY. 32
(II) THE GOVERNING FUNDING BODY OF THE APPLICABLE 33
COUNTY SHALL SELECT ONE OF THE OFFERS SUBMITTED UNDER SUBPARAGRAPH (I) 34
OF THIS PARAGRAPH . 35
20 HOUSE BILL 609
(III) THE SELECTION OF THE GOVERNING FUNDING BODY OF 1
THE APPLICABLE COUNT Y IS BINDING ON ALL PA RTIES. 2
(D) (1) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE 3
REPRESENTATIVE ARE M UTUALLY OBLIGATED TO : 4
(I) MEET AT REASONABLE TI MES IN CONSIDERATION OF THE 5
COUNTY’S BUDGET SUBMISSION DATE; AND 6
(II) NEGOTIATE IN GOOD FAI TH ON: 7
1. WAGES, HOURS, AND TERMS AND CONDIT IONS OF 8
EMPLOYMENT ; AND 9
2. DRAFTING A WRITTEN CO LLECTIVE BARGAINING 10
AGREEMENT THAT CONTA INS ALL MATTERS AGRE ED ON AND IS SIGNED BY 11
AUTHORIZED REPRESENT ATIVES OF BOTH PARTI ES. 12
(2) THE OBLIGATION TO NEG OTIATE IN GOOD FAITH UNDER 13
PARAGRAPH (1)(II) OF THIS SUBSECTION : 14
(I) REQUIRES THAT AN EFFO RT BE MADE BY BOTH P ARTIES TO 15
ARRIVE AT AN AGREEME NT AND REDUCE THE AG REEMENT TO WRITING W ITHIN A 16
REASONABLE PERIOD OF TIME; AND 17
(II) DOES NOT REQUIRE THAT ANY CONCESSION BE MA DE BY 18
EITHER PARTY. 19
23–911. 20
(A) AN EMPLOYER MAY PROVI DE TO A REPRESENTATI VE OF THE EXCLUSIVE 21
REPRESENTATIVE : 22
(1) RELEASE TIME; AND 23
(2) ACCESS TO ROUTINE SER VICES AND FACILITIES OF THE 24
EMPLOYER. 25
(B) THE EMPLOYER OR ITS OFFIC ERS OR AGENTS MAY NO T: 26
(1) INTERFERE WITH , COERCE, UNDULY INFLUENCE , OR RESTRAIN 27
AN EMPLOYEE ’S EXERCISE OF RIGHTS UNDER THIS SUBTITLE ; 28
HOUSE BILL 609 21
(2) EXCEPT AS PROVIDED IN SUBSECTION (A) OF THIS SECTION , 1
DOMINATE, SURVEIL, INTERFERE WITH , ASSIST IN THE FORMATIO N, 2
ADMINISTRATION , OR EXISTENCE OF , OR CONTRIBUTE FINANC IAL ASSISTANCE OR 3
OTHER SUPPORT TO AN EMPLOYEE ORGANIZATIO N; 4
(3) ENCOURAGE OR DISCOURA GE MEMBERSHIP IN AN EMPLOYEE 5
ORGANIZATION BY DISC RIMINATING AGAINST A N EMPLOYEE THROUGH H IRING, 6
TENURE, PROMOTION , OR OTHER CONDITIONS OF EMPLOYMENT ; 7
(4) REFUSE TO BARGAIN IN GOOD FAITH WITH AN E MPLOYEE 8
ORGANIZATION THAT IS THE EXCLUSIVE REPRES ENTATIVE OF THE EMPL OYEES; OR 9
(5) SPEND PUBLIC MONEY , USE PUBLIC RESOURCES , OR PROVIDE 10
ASSISTANCE TO AN INDIVIDUAL OR GROUP FOR A NEGATIVE CAMPAIGN AGAINST 11
EFFORTS BY EMPLOYEES OR AN EMPLOYEE ORGAN IZATION TO: 12
(I) GAIN OR RETAIN COLLEC TIVE BARGAINING RIGH TS OR TO 13
CERTIFY AN EMPLOYEE ORGANIZATION AS AN E XCLUSIVE REPRESENTAT IVE; OR 14
(II) CERTIFY AN EMPLOYEE ORGANIZA TION AS AN EXCLUSIVE 15
REPRESENTATIVE . 16
(C) AN EMPLOYEE ORGANIZAT ION MAY NOT: 17
(1) INTERFERE WITH , COERCE, UNDULY INFLUENCE , OR RESTRAIN 18
AN EMPLOYEE ’S EXERCISE OF RIGHTS UNDER THIS SUBTITLE ; 19
(2) CAUSE OR ATTEMPT TO C AUSE THE EMPLOYE R TO DISCRIMINATE 20
AGAINST AN EMPLOYEE BECAUSE THE EMPLOYEE EXERCISES A RIGHT UN DER THIS 21
SUBTITLE; 22
(3) DISCIPLINE OR FINE A MEMBER OF THE EMPLOY EE 23
ORGANIZATION AS PUNI SHMENT OR REPRISAL ; 24
(4) DISCIPLINE OR FINE A MEMBER OF THE EMPLOY EE 25
ORGANIZATION FOR THE PURPOSE OF IMPED ING THE MEMBER ’S WORK 26
PERFORMANCE ; 27
(5) REFUSE TO BARGAIN IN GOOD FAITH WITH THE EMPLOYER OR TO 28
PARTICIPATE IN GOOD FAITH IN A PROCEDURE UNDER THIS SUBTITLE ; OR 29
(6) UNFAIRLY REPRESENT EM PLOYEES IN COLLECTIV E BARGAINING 30
OR IN ANY OTHER MATTER IN WHICH THE EMPLOYEE ORGANIZ ATION HAS THE DUTY 31
OF FAIR REPRESENTATI ON. 32 22 HOUSE BILL 609
(D) (1) AN EMPLOYEE WHO IS A MEMBER OF A BARGAINI NG UNIT WITH A 1
CERTIFIED EXCLUSIVE REPRESENTATIVE MAY , WITHOUT THE INTERVEN TION OF AN 2
EMPLOYEE ORGANIZATIO N, DISCUSS ANY MATTER WITH THE EMPL OYER. 3
(2) THIS SUBSECTION DOES NOT WAIVE THE RIGHT OF THE 4
EMPLOYEE ORGANIZATIO N TO BE THE EXCLUSIV E BARGAINING REPRESE NTATIVE 5
FOR ISSUES RELATED T O WAGES, HOURS, AND WORKING CONDITIO NS AND IS NOT 6
INTENDED TO CREATE A N ALTERNATE PATH TO ALTER TERMS AND C ONDITIONS OF 7
THE COLLECTIVE BARGA INING AGREEMENT BETW EEN THE PARTIES . 8
23–912. 9
(A) NOTWITHSTANDING ANY O THER PROVISIONS OF L AW, IT IS THE 10
EXCLUSIVE RIGHT OF T HE EMPLOYER TO : 11
(1) DETERMINE THE PURPOSE S AND OBJECTIVES OF EACH OF ITS 12
CONSTITUENT OFFICES AND DEPARTMENTS ; 13
(2) SET STANDARDS OF SERV ICES TO BE OFFERED T O THE PUBLIC; 14
(3) EXERCISE CONTROL AND DISCRETION OVER ITS ORGANIZATION 15
AND OPERATIONS ; AND 16
(4) DETERMINE THE METHODS , MEANS, PERSONNEL , AND OTHER 17
RESOURCES BY WHICH THE EMPLOYER ’S OPERATIONS ARE TO BE CONDUCTED , 18
INCLUDING: 19
(I) THE USE OF VOLUNTEERS ; AND 20
(II) THE CONTRACTING OUT O F WORK IF CONSIDERED 21
NECESSARY. 22
(B) SUBJECT TO APPLICABLE PROVISIONS OF A COLL ECTIVE BARGAINING 23
AGREEMENT AND IN ACC ORDANCE WITH THE RESPECTIVE COUNT Y CHARTER AND 24
OTHER APPLICABLE LAW S, THE EMPLOYER MAY : 25
(1) DIRECT ITS EMPLOYEES ; 26
(2) HIRE, PROMOTE, TRANSFER, ASSIGN, OR RETAIN EMPLOYEES ; 27
(3) ESTABLISH REASONABLE WORK RULES ; AND 28
HOUSE BILL 609 23
(4) DEMOTE, SUSPEND, DISCHARGE, OR TAKE ANY OTHER 1
DISCIPLINARY ACTION AGAINST ITS EMPLOYEE S FOR JUST CAUSE . 2
(C) THE PROVISIONS OF THI S SECTION SHALL BE D EEMED TO BE PART OF 3
EVERY AGREEMENT EXEC UTED BETWEEN THE EMP LOYER AND A CERTIFIE D 4
EXCLUSIVE REPRESENTA TIVE. 5
(D) THIS SECTION MAY NOT BE CONSTRU ED TO DENY THE RIGHT OF AN 6
EMPLOYEE TO SUBMIT A GRIEVANCE WITH REGAR D TO THE EMPLOYER ’S EXERCISE 7
OF ITS RIGHTS UNDER THIS SECTION. 8
(E) EXCEPT AS OTHERWISE P ROVIDED BY LAW , IF EMPLOYEES HAVE 9
ENTERED INTO A COLLE CTIVE BARGAINING AGR EEMENT WITH THE EMPL OYER 10
UNDER THIS SUBTITLE , THE COLLECTIVE BARGA INING AGREEMENT ENTE RED INTO 11
SUPERSEDES ANY CONFL ICTING REGULATION OR ADMINISTRATIVE POLIC Y OF THE 12
EMPLOYER. 13
(F) A COLLECTIVE BARGAININ G AGREEMENT MAY INCL UDE A PROVISION 14
FOR ARBITRATION OF D ISCIPLINARY ACTIONS . 15
23–913. 16
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 17
INDICATED. 18
(2) “LOCKOUT” MEANS THE TEMPORARY WITHHOLDING OF WORK , BY 19
MEANS OF SHUTTING DO WN AN OPERATION OR F UNCTION IN ORDER TO BRING 20
PRESSURE ON EMPLOYEE S OR ON THEIR REPRESENTATIVES TO A CCEPT A CHANGE 21
IN COMPENSATION OR R IGHTS, PRIVILEGES, OBLIGATIONS, OR OTHER TERMS AND 22
CONDITIONS OF EMPLOY MENT. 23
(3) “SECONDARY BOYCOTT ” MEANS AN ACTIVITY BY AN EMPLOYEE 24
ORGANIZATION OR ITS MEMBERS THAT IS INTE NDED TO INDUCE , ENCOURAGE , OR 25
COERCE PERSONS DOING BUSINESS WITH THE EM PLOYER TO WITHHOLD , 26
WITHDRAW, OR IN ANY RESPECT CU RTAIL THEIR BUSINESS RELATIONS WITH THE 27
COUNTY. 28
(4) “STRIKE” MEANS THE REFUSAL OR FAILURE BY AN EMPLOY EE OR 29
GROUP OF EMPLOYEES T O PERFORM THEIR DUTI ES OF EMPLOYMENT AS ASSIGNED 30
IF A PURPOSE OF THE REFUSAL OR FAILURE I S TO INDUCE, FORCE, OR REQUIRE THE 31
EMPLOYER TO ACT OR R EFRAIN FROM ACTING W ITH REGARD TO ANY MA TTER. 32
(5) “WORK STOPPAGE ” MEANS: 33
24 HOUSE BILL 609
(I) THE WILLFUL ABSENCE O F A GROUP OF EMPLOYE ES FROM 1
THEIR POSITIONS ; 2
(II) THE ENGAGING IN A SLO WDOWN BY EMPLOYEES ; OR 3
(III) THE REFUSAL OF EMPLOY EES TO PERFORM JOB D UTIES. 4
(B) IN GENERAL, STRIKES, WORK STOPPAGES , LOCKOUTS, AND SECONDARY 5
BOYCOTTS ARE PROHIBI TED. 6
(C) (1) EMPLOYEES AND EMPLOYE E ORGANIZATIONS MAY NOT ENGAGE 7
IN, SPONSOR, INITIATE, SUPPORT, DIRECT, OR CONDONE A STRIKE , WORK 8
STOPPAGE, OR SECONDARY BOYCOTT . 9
(2) EMPLOYEE ORGANIZATION S MAY NOT ENGAGE IN , INITIATE, 10
SPONSOR, OR SUPPORT, DIRECTLY OR INDIRECT LY, PICKETING OF THE EMP LOYER, 11
ITS PROPERTY, OR FIELD OR OFFICE F ACILITIES IN FURTHER ANCE OF A STRIKE , 12
WORK STOPPAGE , OR SECONDARY BOYCOTT . 13
(D) IF AN EMPLOYEE ORGANI ZATION VIOLATES THIS SECTION, THE 14
EMPLOYER MAY : 15
(1) REVOKE THE EMPLOYEE O RGANIZATION’S DESIGNATION AS 16
CERTIFIED EXCLU SIVE REPRESENTATIVE ; 17
(2) DISQUALIFY THE EMPLOY EE ORGANIZATION FROM 18
PARTICIPATING IN REP RESENTATION ELECTION S FOR A PERIOD OF UP TO 2 YEARS; 19
AND 20
(3) TERMINATE IMMEDIATELY THE PAYROLL DEDUCTIO NS FOR THE 21
EMPLOYEE ORGANIZATIO N’S DUES. 22
(E) AN EMPLOYEE WHO VIOLATES THIS SE CTION IS SUBJECT TO IMMEDIATE 23
DISCIPLINARY ACTION , WHICH MAY INCLUDE PE RMANENT DISMISSAL FR OM THE 24
EMPLOYMENT BY THE EM PLOYER FOR JUST CAUS E. 25
(F) (1) THE EMPLOYER MAY NOT DIRECT A LOCKOUT AGA INST 26
EMPLOYEES. 27
(2) THIS SUBSECTION MAY N OT BE CONSTRUED TO P ROHIBIT THE 28
EMPLOYER FROM EXERCI SING ITS MANAGERIAL RIGHTS. 29
HOUSE BILL 609 25
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be construed to 1
apply only prospectively and may not be applied or interpreted to have any effect on or 2
application to: 3
(1) the composition of a collective bargaining unit that is in existence on 4
the effective date of this Act unless the collective bargaining unit dissolves after the 5
effective date of this Act; 6
(2) a collective bargaining agreement entered into before the effective date 7
of this Act; or 8
(3) collective bargaining negotiations that began before the effective date 9
of this Act. 10
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 11
1, 2024. 12
Approved:
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Governor.
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Speaker of the House of Delegates.
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President of the Senate.