Maryland 2024 Regular Session

Maryland House Bill HB609 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 132
2	1
3		-	– 1 –
4		-	Chapter 132
5		-	(House Bill 609)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	hb0609
8	10
9		-	Education – Public Libraries – Collective Bargaining
10		-	(Library Workers Empowerment Act)
	11	+	HOUSE BILL 609
	12	+	F5 (4lr1466)
	13	+	ENROLLED BILL
	14	+	— Appropriations/Finance and Education, Energy, and the Environment —
	15	+	Introduced by Delegates Solomon, S. Johnson, Forbes, Harris, A. Johnson,
	16	+	D. Jones, J. Lewis, Ruff, and Shetty
11	17
12		-	FOR the purpose of authorizing employees of certain public libraries to form, join, and
13		-	participate in an employee organization and engage in certain other activities related
14		-	to collective bargaining; requiring certain employers and certified exclusive
15		-	representatives to engage in good faith bargaining; establishing a collective
16		-	bargaining process for employees of certain public libraries; establishing a process
17		-	for resolving impasses during collective bargaining; prohibiting employers and
18		-	employee organizations from engaging in certain actions regarding the exercise of an
19		-	employee’s rights under this Act; prohibiting employers, employees, and employee
20		-	organizations from engaging in certain actions related to strikes, work stoppages,
21		-	boycotts, and lockouts; repealing certain provisions of law rendered obsolete by
22		-	certain provisions of this Act; and generally relating to collective bargaining for
23		-	employees of public libraries.
	18	+	Read and Examined by Proofreaders:
24	19
25		-	BY repealing
26		-	Article – Education
27		-	Section 23–601 through 23–614 and the subtitle “Subtitle 6. Howard County Library
28		-	System – Collective Bargaining”
29		-	Annotated Code of Maryland
30		-	(2022 Replacement Volume and 2023 Supplement)
	20	+	_______________________________________________
	21	+	Proofreader.
	22	+	_______________________________________________
	23	+	Proofreader.
31	24
32		-	BY adding to
33		-	Article – Education
34		-	Section 23–901 through 23–913 to be under the new subtitle “Subtitle 9. Public
35		-	Libraries – Collective Bargaining”
36		-	Annotated Code of Maryland
37		-	(2022 Replacement Volume and 2023 Supplement)
	25	+	Sealed with the Great Seal and presented to the Governor, for his approval this
38	26
39		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
40		-	That Section(s) 23–601 through 23–614 and the subtitle “Subtitle 6. Howard County
41		-	Library System – Collective Bargaining” of Article – Education of the Annotated Code of
42		-	Maryland be repealed.
	27	+	_______ day of _______________ at ________________________ o’clock, ________M.
43	28
44		-	~~SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read~~
45		-	~~as follows:~~
	29	+	______________________________________________
	30	+	Speaker.
46	31
47		-	~~Article – Education~~
	32	+	CHAPTER ______
48	33
49		-	~~SUBTITLE 9.~~ ~~PUBLIC LIBRARIES – COLLECTIVE BARGAINING. Ch. 132 2024 LAWS OF MARYLAND~~
	34	+	AN ACT concerning 1
50	35
51		-	– 2 –
	36	+	Education – Public Libraries – Collective Bargaining 2
	37	+	(Library Workers Empowerment Act) 3
52	38
53		-	23–901.
	39	+	FOR the purpose of authorizing employees of certain public libraries to form, join, and 4
	40	+	participate in an employee organization and engage in certain other activities related 5
	41	+	to collective bargaining; requiring certain employers and certified exclusive 6
	42	+	representatives to engage in good faith bargaining; establishing a collective 7
	43	+	bargaining process for employees of certain public libraries; establishing a process 8
	44	+	for resolving impasses during collective bargaining; prohibiting employers and 9
	45	+	employee organizations from engaging in certain actions regarding the exercise of an 10
	46	+	employee’s rights under this Act; prohibiting employers, employees, and employee 11
	47	+	organizations from engaging in certain actions related to strikes, work stoppages, 12
	48	+	boycotts, and lockouts; repealing certain provisions of law rendered obsolete by 13 2 HOUSE BILL 609
54	49
55		-	(A) IN THIS SUBTITLE THE FOLLOWI NG WORDS HAVE THE ME ANINGS
56		-	INDICATED.
57	50
58		-	(B) (1) “CERTIFIED EXCLUSIVE R EPRESENTATIVE ” MEANS THE
59		-	EMPLOYEE ORGANIZATIO N THAT HAS BEEN CERT IFIED AS THE COLLECT IVE
60		-	BARGAINING AGENT FOR A BARGAINING UNIT .
	51	+	certain provisions of this Act; and generally relating to collective bargaining for 1
	52	+	employees of public libraries. 2
61	53
62		-	(2) “CERTIFIED EXCLUSIVE REPRESENTATIVE ” INCLUDES AN
63		-	EMPLOYEE ORGANIZATIO N CERTIFIED TO EXCLU SIVELY REPRESENT PUB LIC
64		-	LIBRARY EMPLOYEES BE FORE JULY 1, 2024.
	54	+	BY repealing 3
	55	+	Article – Education 4
	56	+	Section 23–601 through 23–614 and the subtitle “Subtitle 6. Howard County Library 5
	57	+	System – Collective Bargaining” 6
	58	+	Annotated Code of Maryland 7
	59	+	(2022 Replacement Volume and 2023 Supplement) 8
65	60
66		-	(C) “CONFIDENTIAL EMPLOYEE ” MEANS AN EMPLOYEE WH O:
	61	+	BY adding to 9
	62	+	Article – Education 10
	63	+	Section 23–901 through 23–913 to be under the new subtitle “Subtitle 9. Public 11
	64	+	Libraries – Collective Bargaining” 12
	65	+	Annotated Code of Maryland 13
	66	+	(2022 Replacement Volume and 2023 Supplement) 14
67	67
68		-	(1) IS REQUIRED TO DEVELO P OR PRESENT MANAGEM ENT POSITIONS
69		-	WITH RESPE CT TO EMPLOYER –EMPLOYEE RELATIONS ; AND
	68	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
	69	+	That Section(s) 23–601 through 23–614 and the subtitle “Subtitle 6. Howard County 16
	70	+	Library System – Collective Bargaining” of Article – Education of the Annotated Code of 17
	71	+	Maryland be repealed. 18
70	72
71		-	(2) WHOSE DUTIES NORMALLY REQUIRE ACCESS TO CO NFIDENTIAL
72		-	INFORMATION THAT CON TRIBUTES SIGNIFICANT LY TO THE DEVELOPMEN T OF THE
73		-	MANAGEMENT POSITIONS WITH RESPECT TO EMPL OYER–EMPLOYEE RELATIONS .
	73	+	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 19
	74	+	as follows: 20
74	75
75		-	(D) “DIRECTOR” MEANS THE DIRECTOR , CHIEF EXECUTIVE OFFI CER, OR
76		-	CHIEF OFFICER OF THE APPLICABLE PUBLIC LI BRARY SYSTEM , OR THE DESIGNEE
77		-	OF THE DIRECTOR , CHIEF EXECUTIVE OFFI CER, OR CHIEF OFFICER .
	76	+	Article – Education 21
78	77
79		-	(E) (1) “EMPLOYEE” MEANS A FULL–TIME OR PART–TIME EMPLOYEE OF
80		-	A PUBLIC LIBRARY S YSTEM.
	78	+	SUBTITLE 9. PUBLIC LIBRARIES – COLLECTIVE BARGAINING. 22
81	79
82		-	(2) “EMPLOYEE” DOES NOT INCLUDE A C ONFIDENTIAL EMPLOYEE ,
83		-	MANAGEMENT EMPLOYEE , OR SUPERVISORY EMPLO YEE.
	80	+	23–901. 23
84	81
85		-	(F) “EMPLOYEE ORGANIZATION ” MEANS AN ORGANIZATIO N THAT ADMITS
86		-	EMPLOYEES OF THE EMP LOYER AS MEMBERS AND HAS AS A PRIMARY PUR POSE THE
87		-	REPRESENTATION OF TH E EMPLOYEES IN THEIR RELATIONS WITH THE E MPLOYER.
	82	+	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 24
	83	+	INDICATED. 25
88	84
89		-	(G) “EMPLOYER” MEANS A PUBLIC LIBRA RY SYSTEM AND , WHERE
90		-	APPLICABLE, THE BOARD OF TRUSTEE S FOR THE PUBLIC LIB RARY SYSTEM.
	85	+	(B) (1) “CERTIFIED EXCLUSIVE R EPRESENTATIVE ” MEANS THE 26
	86	+	EMPLOYEE ORGA NIZATION THAT HAS BE EN CERTIFIED AS THE COLLECTIVE 27
	87	+	BARGAINING AGENT FOR A BARGAINING UNIT . 28
91	88
92		-	(H) “GOVERNING FUNDING BODY” MEANS:
	89	+	(2) “CERTIFIED EXCLUSIVE R EPRESENTATIVE ” INCLUDES AN 29
	90	+	EMPLOYEE ORGANIZATIO N CERTIFIED TO EXCLU SIVELY REPRESENT PUB LIC 30
	91	+	LIBRARY EMPLOYEES BE FORE JULY 1, 2024. 31
93	92
94		-	(1) (I) FOR A CHARTER COUNTY THAT DOES NOT HAVE AN
95		-	ELECTED CHIEF EXECUT IVE OFFICER, THE COUNTY COUNCIL ; OR WES MOORE, Governor Ch. 132
	93	+	(C) “CONFIDENTIAL EMPLOYEE ” MEANS AN EMPLOYEE WH O: 32
96	94
97		-	– 3 –
	95	+	(1) IS REQUIRED TO DEVELO P OR PRESENT MANAGEM ENT POSITIONS 33
	96	+	WITH RESPECT TO EMPL OYER–EMPLOYEE RELATIONS ; AND 34 HOUSE BILL 609 3
98	97
99		-	(II) FOR A CHARTER COUNTY THAT HAS AN ELECTED CHIEF
100		-	EXECUTIVE OFFICER , THE COUNTY COUNCIL O R THE COUNTY COUNCIL AND THE
101		-	COUNTY EXECUTIVE THE GOVERNING BODY O F THE COUNTY, AS PROVIDED BY THE
102		-	COUNTY CHARTER ; OR
103	98
104		-	(2) (III) FOR A CODE OR COMMISS ION COUNTY , THE COUNTY
105		-	COMMISSIONERS ; OR
106	99
107		-	(3) (2) FOR BALTIMORE CITY, THE MAYOR AND CITY COUNCIL OF
108		-	BALTIMORE CITY.
	100	+	(2) WHOSE DUTIES NORMALLY REQUIRE ACCESS TO CO NFIDENTIAL 1
	101	+	INFORMATION THAT CON TRIBUTES SIGNIFICANTLY TO THE DEVELOPMENT OF THE 2
	102	+	MANAGEMENT POSITIONS WITH RESPECT TO EMPL OYER–EMPLOYEE RELATIONS . 3
109	103
110		-	(I) “MANAGEMENT EMPLOYEE ” MEANS AN EMPLOYEE WH O GENERALLY
111		-	HAS AUTHORITY AND WH O:
	104	+	(D) “DIRECTOR” MEANS THE DIRECTOR , CHIEF EXECUTIVE OFFI CER, OR 4
	105	+	CHIEF OFFICER OF THE APPLICABLE PUBLIC LI BRARY SYSTEM , OR THE DESIGNEE 5
	106	+	OF THE DIRECTO R, CHIEF EXECUTIVE OFFI CER, OR CHIEF OFFICER . 6
112	107
113		-	(1) ~~FORMULATES POLICY THA T IS APPLICABLE THRO UGHOUT~~ A
114		-	~~BARGAINING UNIT ;~~
	108	+	(E) (1) “EMPLOYEE” MEANS A FULL–TIME OR PART–TIME EMPLOYEE OF 7
	109	+	A PUBLIC LIBRARY SYS TEM. 8
115	110
116		-	(2) HAS A SIGNIFICANT ROL E IN PERSONNEL ADMIN ISTRATION,
117		-	EMPLOYEE RELATIONS , OR THE PREPARATION A ND ADMINISTRATION OF BUDGETS
118		-	FOR THE EMPLOYER ; OR
	111	+	(2) “EMPLOYEE” DOES NOT INCLUDE A C ONFIDENTIAL EMPLOYEE , 9
	112	+	MANAGEMENT EMPLOYEE , OR SUPERVISORY EMPLO YEE. 10
119	113
120		-	(3) MAY REASONABLY BE REQ UIRED TO:
	114	+	(F) “EMPLOYEE ORGANIZATION ” MEANS AN ORGANIZATIO N THAT ADMITS 11
	115	+	EMPLOYEES OF THE EMP LOYER AS MEMBERS AND HAS AS A PRIMARY PUR POSE THE 12
	116	+	REPRESENTATION OF TH E EMPLOYEES IN THEIR RELATIONS WITH THE E MPLOYER. 13
121	117
122		-	(I) ~~ASSIST DIRECTLY IN TH E PREPARATION FOR AN D CONDUCT~~
123		-	~~OF COLLECTIVE B ARGAINING NEGOTIATIO NS ON BEHALF~~ OF THE ~~EMPLOYER; OR~~
	118	+	(G) “EMPLOYER” MEANS A PUBLIC LIBRA RY SYSTEM AND , WHERE 14
	119	+	APPLICABLE, THE BOARD OF TRUSTEE S FOR THE PUBLIC LIB RARY SYSTEM. 15
124	120
125		-	(II) HAVE A MAJOR ROLE IN THE ADMINISTRATION O F
126		-	RESULTING COLLECTIVE BARGAINING AGREEMENT S.
	121	+	(H) “GOVERNING FUNDING BODY” MEANS: 16
127	122
128		-	~~(J)~~ (1) ~~“PUBLIC LIBRARY SYSTEM ” MEANS~~ A COUNTY ~~PUBLI C LIBRARY~~
129		-	~~SYSTEM.~~
	123	+	(1) (I) FOR A CHARTER COUNTY THAT DOES NOT HAVE A N 17
	124	+	ELECTED CHIEF EXECUT IVE OFFICER, THE COUNTY COUNCIL ; OR 18
130	125
131		-	(2) “PUBLIC LIBRARY SYSTEM ” INCLUDES THE ENOCH PRATT FREE
132		-	LIBRARY.
	126	+	(II) FOR A CHARTER COUNTY THAT HAS AN ELECTED CHIEF 19
	127	+	EXECUTIVE OFFICER , THE COUNTY COUNCIL O R THE COUNTY COUNCIL AND THE 20
	128	+	COUNTY EXECUTIVE THE GOVERNING BODY O F THE COUNTY, AS PROVIDED BY THE 21
	129	+	COUNTY CHARTER ; OR 22
133	130
134		-	(3) “PUBLIC LIBRARY SYSTEM ” DOES NOT INCLUDE THE PUBLIC
135		-	LIBRARY SYSTEM OF BALTIMORE COUNTY, MONTGOMERY COUNTY, OR PRINCE
136		-	GEORGE’S COUNTY.
	131	+	(2) (III) FOR A CODE OR COMMISS ION COUNTY , THE COUNTY 23
	132	+	COMMISSIONERS ; OR 24
137	133
138		-	(K) “SUPERVISORY EMPLOYEE ” MEANS AN EMPLOYEE WH O IS AUTHORIZED
139		-	TO:
140		-	Ch. 132 2024 LAWS OF MARYLAND
	134	+	(3) (2) FOR BALTIMORE CITY, THE MAYOR AND CITY COUNCIL OF 25
	135	+	BALTIMORE CITY. 26
141	136
142		-	– 4 –
143		-	(1) HIRE, TRANSFER, SUSPEND, LAY OFF, RECALL, PROMOTE,
144		-	DISCHARGE, ASSIGN, REWARD, OR DISCIPLINE EMPLOY EES;
	137	+	(I) “MANAGEMENT EMPLOYEE ” MEANS AN EMPLOYEE WH O GENERALLY 27
	138	+	HAS AUTHORITY AND WH O: 28
145	139
146		-	(2) RESPONSIBLY DIRECT EM PLOYEES FOR MORE THA N 50% OF THE
147		-	EMPLOYEE’S WORKING HOURS ; OR
	140	+	(1) FORMULATES POLICY THA T IS APPLICABLE THRO UGHOUT A 29
	141	+	BARGAINING UNIT ; 30
	142	+	4 HOUSE BILL 609
148	143
149		-	(3) ADDRESS AND RESOLVE T HE GRIEVANCES OF EMP LOYEES.
150	144
151		-	23–902.
	145	+	(2) HAS A SIGNIFICANT ROL E IN PERSONNEL ADMIN ISTRATION, 1
	146	+	EMPLOYEE RELATIONS , OR THE PREPARATION A ND ADMINISTRATION OF BUDGETS 2
	147	+	FOR THE EMPLOYER ; OR 3
152	148
153		-	(A) THERE MAY BE NOT MORE THAN TWO BARGAINING UNITS AT EACH
154		-	PUBLIC LIBRARY SYSTE M INCLUDING:
	149	+	(3) MAY REASONABLY BE REQ UIRED TO: 4
155	150
156		-	(1) ONE BARGAINING UNIT F OR EMPLOYEES ; AND
	151	+	(I) ASSIST DIRECTLY IN TH E PREPARATION FOR AN D CONDUCT 5
	152	+	OF COLLECTIVE BARGAI NING NEGOTIATIONS ON BEHALF OF THE EMPLOY ER; OR 6
157	153
158		-	(2) ONE BARGAINING UNIT F OR SUPERVISORY EMPLO YEES.
	154	+	(II) HAVE A MAJOR ROLE IN THE ADMINISTRATION O F 7
	155	+	RESULTING COLLECTIVE BARGAINING AGREEMENT S. 8
159	156
160		-	(B) (1) ~~EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,~~ A
161		-	~~BARGAINING UNIT MAY CONTAIN FULL–TIME OR PART–TIME EMPLOYEES~~ .
	157	+	(J) (1) “PUBLIC LIBRARY SYSTEM” MEANS A COUNTY PUBLI C LIBRARY 9
	158	+	SYSTEM. 10
162	159
163		-	(2) A BARGAINING UNIT MAY NOT INCLUDE VOLUNTEE RS OR
164		-	TEMPORARY EMPLOYEES WITH LESS THAN 90 DAYS OF SERVICE IN A 12–MONTH
165		-	PERIOD.
	160	+	(2) “PUBLIC LIBRARY SYSTEM ” INCLUDES THE ENOCH PRATT FREE 11
	161	+	LIBRARY. 12
166	162
167		-	(C) ~~(1) THIS SUBTITLE MAY~~ NOT ~~BE CONSTRUED TO MODI FY OR~~
168		-	~~TERMINATE A BARGAINI NG UNIT THAT WAS REC OGNIZED~~ OR ~~IN EXISTE NCE ON OR~~
169		-	~~BEFORE JUNE 30, 2024~~.
	163	+	(3) “PUBLIC LIBRARY SYSTEM ” DOES NOT INCLUDE THE PUBLIC 13
	164	+	LIBRARY SYSTEM OF BALTIMORE COUNTY, MONTGOMERY COUNTY, OR PRINCE 14
	165	+	GEORGE’S COUNTY. 15
170	166
171		-	(2) (I) IF AN EMPLOYEE ORGANI ZATION HAS BEEN CERT IFIED
172		-	UNDER STATE OR LOCAL LAW ON OR BEFORE JUNE 30, 2024, TO BE AN EXCLUSIVE
173		-	REPRESENTATIVE OF EM PLOYEES OF A PUBLIC LIBRARY SYSTEM , THE EMPLOYER
174		-	SHALL ACCRETE ALL EL IGIBLE POSITIONS INT O THE EXISTING BARGA INING UNIT IN
175		-	ACCORDANCE WITH THIS SECTION ON REQUEST O F THE EXCLUSIVE
176		-	REPRESENTATIVE .
	167	+	(K) “SUPERVISORY EMPLOYEE ” MEANS AN EMPLOYEE WH O IS AUTHORIZED 16
	168	+	TO: 17
177	169
178		-	(II) AN ACCRETI ON UNDER THIS SUBSEC TION SHALL BE
179		-	SUBJECT TO A SHOWING OF INTEREST AND ELEC TION BY EMPLOYEES IN THE
180		-	ACCRETED POSITIONS I N ACCORDANCE WITH TH E PROCEDURES UNDER § 23–907 OF
181		-	THIS TITLE.
	170	+	(1) HIRE, TRANSFER, SUSPEND, LAY OFF, RECALL, PROMOTE, 18
	171	+	DISCHARGE, ASSIGN, REWARD, OR DISCIPLINE EMPLOY EES; 19
182	172
183		-	~~23–903.~~
184		-	~~WES MOORE, Governor Ch. 132~~
	173	+	(2) RESPONSIBLY DIRECT EM PLOYEES FOR MORE THA N 50% OF THE 20
	174	+	EMPLOYEE’S WORKING HOURS ; OR 21
185	175
186		-	– 5 –
187		-	(A) AN EMPLOYEE WHO MAY E FFECTIVELY RECOMMEND AN ACTION LISTE D
188		-	IN § 23–901(I) OF THIS SUBTITLE MAY BE DEEMED A MANAGEME NT EMPLOYEE IF
189		-	THE EMPLOYEE ’S EXERCISE OF THE AU THORITY REQUIRES THE EXERCISE OF
190		-	INDEPENDENT JUDGMENT AND IS NOT MERELY OF A ROUTINE OR CLERICA L
191		-	NATURE.
	176	+	(3) ADDRESS AND RESOLVE T HE GRIEVANCES OF EMP LOYEES. 22
192	177
193		-	(B) THE EXERCISE OF ANY S INGLE FUNCTION LIS TED IN § 23–901(I) OF THIS
194		-	SUBTITLE MAY NOT NEC ESSARILY REQUIRE THE CONCLUSION THAT THE
195		-	INDIVIDUAL EXERCISIN G THAT FUNCTION IS I N FACT A MANAGEMENT EMPLOYEE
196		-	WITHIN THE MEANING O F THE DEFINITION .
	178	+	23–902. 23
197	179
198		-	(C) ~~IN DIFFERENTIATING A MANAGEMENT EMPLOYEE~~ ~~FROM A~~
199		-	~~NONMANA GEMENT EMPLOYEE~~ :
	180	+	(A) THERE MAY BE NOT MORE THAN TWO BARGAINING UNITS AT EACH 24
	181	+	PUBLIC LIBRARY SYSTE M INCLUDING: 25
200	182
201		-	(1) A CLASS TITLE ALONE MA Y NOT BE THE BASIS F OR
202		-	DETERMINATION ; AND
	183	+	(1) ONE BARGAINING UNIT FOR E MPLOYEES; AND 26
203	184
204		-	(2) THE NATURE OF THE MAN AGEMENT EMPLOYEE ’S WORK,
205		-	INCLUDING WHETHER A SIGNIFICANT PORTION OF THE MANAGEMENT EM PLOYEE’S
206		-	WORKING TIME IS SPEN T AS PART OF A TEAM THAT INCLUDES NONMANAGEME NT
207		-	EMPLOYEES, SHALL BE CONSIDERED .
	185	+	(2) ONE BARGAINING UNIT F OR SUPERVISORY EMPLO YEES. 27
208	186
209		-	23–904.
	187	+	(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 28
	188	+	BARGAINING UNIT MAY CONTAIN FULL–TIME OR PART–TIME EMPLOYEES . 29 HOUSE BILL 609 5
210	189
211		-	EMPLOYEES OF THE EMPL OYER MAY:
212	190
213		-	(1) FORM, JOIN, AND PARTICIPATE IN A N EMPLOYEE ORGANIZAT ION;
214	191
215		-	(2) BARGAIN COLLECTIVELY THROUGH A CERTIFIED EXCLUSIVE
216		-	REPRESENTATIVE OF TH EIR CHOICE;
	192	+	(2) A BARGAINING UNIT MAY NOT INCLUDE VOLUNTEERS OR 1
	193	+	TEMPORARY EMPLOYEES WITH LESS THAN 90 DAYS OF SERVICE IN A 12–MONTH 2
	194	+	PERIOD. 3
217	195
218		-	(3) ENGAGE IN LAWFUL CONC ERTED ACTIVITIES FOR THEIR MUTUAL
219		-	AID AND PROTECTION ; AND
	196	+	(C) (1) THIS SUBTITLE MAY NOT BE CONSTRUED TO MODI FY OR 4
	197	+	TERMINATE A BARGAINI NG UNIT THAT WAS REC OGNIZED OR IN EXISTE NCE ON OR 5
	198	+	BEFORE JUNE 30, 2024. 6
220	199
221		-	(4) REFRAIN FROM ANY ACTI VITY COVERED UNDER I TEMS (1)
222		-	THROUGH (3) OF THIS SECTION.
	200	+	(2) (I) IF AN EMPLOYEE ORGANI ZATION HAS BEEN CERT IFIED 7
	201	+	UNDER STATE OR LOCAL LAW ON OR BEFORE JUNE 30, 2024, TO BE AN EXCLUSIVE 8
	202	+	REPRESENTATIVE OF EM PLOYEES OF A PUBLIC LIBRARY SYSTEM , THE EMPLOYER 9
	203	+	SHALL ACCRETE ALL EL IGIBLE POSITIONS INT O THE EXISTING BARGA INING UNIT IN 10
	204	+	ACCORDANCE WITH THIS SECTION ON REQUEST O F THE EXCLUSIVE 11
	205	+	REPRESENTATIVE . 12
223	206
224		-	23–905.
	207	+	(II) AN ACCRETION UNDER TH IS SUBSECTION SHALL BE 13
	208	+	SUBJECT TO A SHOWING OF INTEREST AND ELEC TION BY EMPLOYEES IN THE 14
	209	+	ACCRETED POSITIONS I N ACCORDANCE WITH TH E PROCEDURES UNDE R § 23–907 OF 15
	210	+	THIS TITLE. 16
225	211
226		-	(A) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE
227		-	HAVE A RESPONSIBILITY TO EN GAGE IN GOOD FAITH B ARGAINING OVER MATTE RS
228		-	REQUIRED BY LAW .
229		-	Ch. 132 2024 LAWS OF MARYLAND
	212	+	23–903. 17
230	213
231		-	~~– 6 –~~
232		-	(B) ~~THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE~~
233		-	~~JOINTLY SHALL BE RES PONSIBLE FOR FOSTERI NG A POSITIVE LABOR RELATIONS~~
234		-	~~ENVIRONMENT BASED ON MUTUAL TRUST , RESPECT, COMMUNICATION ,~~ AND
235		-	~~COOPERATION~~ .
	214	+	(A) AN EMPLOYEE WHO MAY E FFECTIVELY RECOMMEND AN ACTION LISTED 18
	215	+	IN § 23–901(I) OF THIS SUBTITLE MAY BE DEEMED A MANAGEME NT EMPLOYEE IF 19
	216	+	THE EMPLOYEE ’S EXERCISE OF THE AU THORITY REQUIRES THE EXERCISE OF 20
	217	+	INDEPENDENT JUDGME NT AND IS NOT MERELY OF A ROUTINE OR CLER ICAL 21
	218	+	NATURE. 22
236	219
237		-	(C) THE GOAL OF COLLECTIV E BARGAINING IS THE DELIVERY OF QUALITY
238		-	PUBLIC SERVICES TO T HE RESIDENTS OF THE STATE IN A MANNER THA T IS
239		-	CONSISTENT AND COMPL IANT WITH LAW.
	220	+	(B) THE EXERCISE OF ANY S INGLE FUNCTION LISTE D IN § 23–901(I) OF THIS 23
	221	+	SUBTITLE MAY NOT NEC ESSARILY REQUIRE THE CONCLUSION THAT THE 24
	222	+	INDIVIDUAL EXERCISIN G THAT FUNCTION IS I N FACT A MANAGEMENT EMPLOYEE 25
	223	+	WITHIN THE MEANING O F THE DEFINITION . 26
240	224
241		-	23–906.
	225	+	(C) IN DIFFERENTIATING A MANAGEMENT EMPLOYEE FROM A 27
	226	+	NONMANAGEMENT EMPLOY EE: 28
242	227
243		-	(A) THE EMPLOYER SHALL RE COGNIZE THE RIGHT OF THE CERTIFIED
244		-	EXCLUSIVE REPRESENTA TIVE TO REPRESENT TH E EMPLOYEES IN THE U NIT IN
245		-	COLLECTIVE BARGAININ G AND IN THE GRIEVAN CE PROCESS.
	228	+	(1) A CLASS TITLE ALONE MA Y NOT BE THE BASIS F OR 29
	229	+	DETERMINATION ; AND 30
246	230
247		-	(B) THE CERTIFIED EXCLUSI VE REPRESENTATIVE OF A UNIT SHALL:
	231	+	(2) THE NATURE OF THE MAN AGEMENT EMPLOYEE ’S WORK, 31
	232	+	INCLUDING WHETHER A SIGNIFICAN T PORTION OF THE MAN AGEMENT EMPLOYEE ’S 32
	233	+	WORKING TIME IS SPEN T AS PART OF A TEAM THAT INCLUDES NONMAN AGEMENT 33
	234	+	EMPLOYEES, SHALL BE CONSIDERED . 34 6 HOUSE BILL 609
248	235
249		-	(1) SERVE AS THE SOLE AGE NT FOR THE UNIT IN C OLLECTIVE
250		-	BARGAINING; AND
251	236
252		-	(2) REPRESENT ALL EMPLOYE ES IN THE UNIT FAIRL Y AND IN GOOD
253		-	FAITH, IN A MANNER THAT IS NOT ARBITRARY OR DIS CRIMINATORY .
254	237
255		-	23–~~907~~.
	238	+	23–904. 1
256	239
257		-	(A) (1) AN EMPLOYEE ORGANIZAT ION SEEKING CERTIFIC ATION AS THE
258		-	EXCLUSIVE REPRESENTA TIVE FOR THE BARGAIN ING UNIT OF EMPLOYEES MAY FILE
259		-	A PETITION WITH THE EMPLOYER INDICATING THIS INTENT.
	240	+	EMPLOYEES OF THE EMPL OYER MAY: 2
260	241
261		-	(2) ~~THE PETITION SHALL CO NTAIN:~~
	242	+	(1) FORM, JOIN, AND PARTICIPATE IN A N EMPLOYEE ORGAN IZATION; 3
262	243
263		-	(I) A REQUEST THAT THE EMP LOYER RECOGNIZE THE
264		-	EMPLOYEE ORGANIZATIO N AS THE EXCLUSIVE R EPRESENTATIVE OF THE
265		-	EMPLOYEES IN THE BAR GAINING UNIT;
	244	+	(2) BARGAIN COLLECTIVELY THROUGH A CERTIFIED EXCLUSIVE 4
	245	+	REPRESENTATIVE OF TH EIR CHOICE; 5
266	246
267		-	(II) A STATEMENT THAT THE E MPLOYEE ORGANIZATION IS ONE
268		-	IN WHICH EMPLOYEES P ARTICIPATE AND THAT HAS AS ONE OF ITS PU RPOSES THE
269		-	REPRESENTATION OF PU BLIC EMPLOYEES IN MA TTERS OF WAGES , HOURS, AND
270		-	OTHER TERMS AND COND ITIONS OF EMPLOYMENT ;
	247	+	(3) ENGAGE IN LAWFUL CONC ERTED ACTIVITIES FOR THEIR MUTUAL 6
	248	+	AID AND PROTECTION ; AND 7
271	249
272		-	(~~III~~) ~~A STATEMENT THAT THE EMP LOYEE ORGANIZATION H AS NO~~
273		-	~~TERMS OR CONDITIONS~~ OF ~~MEMBERSHIP THAT D ISCRIMINATE WITH REG ARD TO WES MOORE, Governor Ch~~. ~~132~~
	250	+	(4) REFRAIN FROM ANY ACTI VITY COVERED UNDER I TEMS (1) 8
	251	+	THROUGH (3) OF THIS SECTION. 9
274	252
275		-	– 7 –
276		-	RACE, COLOR, CREED, GENDER, AGE, POLITICAL AFFILIATIO N, NATIONAL ORIGIN ,
277		-	RELIGION, MARITAL STATUS , OR DISABILITY; AND
	253	+	23–905. 10
278	254
279		-	(IV) A STATEMENT THAT THE EMPLOYEE ORGANIZ ATION HAS IN
280		-	ITS POSSESSION WRITT EN PROOF DATED NOT M ORE THAN 18 MONTHS BEFORE THE
281		-	DAY ON WHICH THE PET ITION IS FILED ESTAB LISHING THAT AT LEAS T 30% OF THE
282		-	EMPLOYEES IN THE BAR GAINING UNIT:
	255	+	(A) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE 11
	256	+	HAVE A RESPONSIBILIT Y TO ENGAGE IN GOOD FAITH BARGAINING OVE R MATTERS 12
	257	+	REQUIRED BY LAW . 13
283	258
284		-	1. HAVE DESIGNATED THE E MPLOYEE ORGANIZATION
285		-	TO REPRESENT THEM IN THEIR EMPLOYMENT REL ATIONS WITH THE EMPL OYER; OR
	259	+	(B) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE 14
	260	+	JOINTLY SHALL BE RES PONSIBLE FOR FOSTERIN G A POSITIVE LABOR R ELATIONS 15
	261	+	ENVIRONMENT BASED ON MUTUAL TRUST , RESPECT, COMMUNICATION , AND 16
	262	+	COOPERATION . 17
286	263
287		-	2. ARE MEMBERS OF THE EM PLOYEE ORGANIZATION .
	264	+	(C) THE GOAL OF COLLECTIV E BARGAINING IS THE DELIVERY OF QUALITY 18
	265	+	PUBLIC SERVICES TO T HE RESIDENTS OF THE STATE IN A MANNER THA T IS 19
	266	+	CONSISTENT AND COMPL IANT WITH LAW. 20
288	267
289		-	(3) BEFORE A PETITION MAY BE PROCESSED , THE PROOF OF
290		-	INTEREST SUBMITTED S HALL BE VERIFIED AS PROVIDED IN THIS SEC TION.
	268	+	23–906. 21
291	269
292		-	(4) THE EMPLOYEE ORGANIZA TION AND THE EMPLOYE R SHALL
293		-	EQUALLY BEAR ANY COS TS ASSOCIATED WITH T HE VERIFICATION .
	270	+	(A) THE EMPLOYER SHALL RE COGNIZE THE RIGHT OF THE CERTIFIED 22
	271	+	EXCLUSIVE REPRESENTA TIVE TO REPRESENT TH E EMPLOYEES IN THE U NIT IN 23
	272	+	COLLECTIVE BARGAININ G AND IN THE GRIEVAN CE PROCESS. 24
294	273
295		-	(B) (1) (I) WHEN AN EMPLOYEE ORGA NIZATION OR EMPLOYEE S IN A
296		-	BARGAINING UNIT FILE A PETITION WITH THE EMPLOYER, THE EMPLOYEE
297		-	ORGANIZATION OR EMPLOYEES SHALL SELE CT A NEUTRAL DECISIO N MAKER FROM
298		-	A REFERRAL OR LIST O F ARBITRATORS PROVID ED BY THE FEDERAL MEDIATION
299		-	AND CONCILIATION SERVICE.
	274	+	(B) THE CERTIFIED EXCLUSI VE REPRESENTATIVE OF A UNIT SHALL: 25
300	275
301		-	(II) THE EMPLOYEE ORGANIZA TION OR EMPLOYEES IN THE
302		-	BARGAINING UNIT SHAL L SUBMIT TO THE NEUT RAL DECISION M AKER SELECTED
303		-	UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH TH E AUTHORIZATION CARD S
304		-	SIGNED AND DATED BY AT LEAST 30% OF THE EMPLOYEES IN THE BARGAINING UNIT
305		-	NOT MORE THAN 18 MONTHS BEFORE THE DA Y THE PETITION WAS F ILED
306		-	INDICATING, AS APPROPRIATE , THAT THE EMPLO YEES HAVE DESIGNATED THE
307		-	EMPLOYEE ORGANIZATIO N TO REPRESENT THEM IN THEIR EMPLOYMENT
308		-	RELATIONS WITH THE P UBLIC LIBRARY SYSTEM ADMINISTRATION .
	276	+	(1) SERVE AS THE SOLE AGE NT FOR THE UNIT IN C OLLECTIVE 26
	277	+	BARGAINING; AND 27
309	278
310		-	(2) THE EMPLOYEE ORGANIZA TION SHALL COPY THE EMPLOYER ON
311		-	THE REQUEST FOR A NE UTRAL DECISION MAKER IN ORDER FOR THE PUBLIC
312		-	LIBRARY SYSTEM TO RE CEIVE NOTICE OF THE SELECTION OF THE NEU TRAL
313		-	DECISION MAKER FOR T HE CERTIFICATION PRO CESS.
	279	+	(2) REPRESENT ALL EMPLOYE ES IN THE UNIT FAIRL Y AND IN GOOD 28
	280	+	FAITH, IN A MANNER THAT IS NOT ARBITRARY OR DIS CRIMINATORY . 29 HOUSE BILL 609 7
314	281
315		-	(C) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH ,
316		-	WITHIN 2 CALENDAR DAYS AFTER THE DAY ON WHICH THE EMPLOYER RECEIVES
317		-	THE PETITION, THE EMPLOYER SHALL SUBMIT TO THE EMPLOYEE ORGANIZATIO N
318		-	AND NEUTRAL DECISION MAKER:
319		-	Ch. 132 2024 LAWS OF MARYLAND
320	282
321		-	– 8 –
322		-	1. A LIST OF EMPLOYEES IN THE BARGAINING UNIT
323		-	THAT IDENTIFIES EACH EMPLOYEE THAT THE EM PLOYER CONTENDS SHOU LD BE
324		-	EXCLUDED AS AN ELIGI BLE VOTER OR FROM TH E BARGAINING UNIT; AND
325	283
326		-	2. A STATEMENT EXPLAINING THE REASON FOR EACH
327		-	EXCLUSION.
	284	+	23–907. 1
328	285
329		-	(II) IF A NEUTRAL DECISION MAKER HAS NOT BEEN S ELECTED
330		-	WHEN THE EMPLOYER IS REQUIRED TO SUBMIT T HE LIST REQUIRED UND ER
331		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE EMPLOYER SHAL L INSTEAD SUBMIT
332		-	THE LIST WITHIN 1 CALENDAR DAY AFTER T HE NEUTRAL DECISION MAKER HAS
333		-	BEEN SELECTED .
	286	+	(A) (1) AN EMPLOYEE ORGANIZATIO N SEEKING CERTIFICAT ION AS THE 2
	287	+	EXCLUSIVE REPRESENTA TIVE FOR THE BARGAIN ING UNIT OF EMPLOYEE S MAY FILE 3
	288	+	A PETITION WITH THE EMPLOYER INDICATING THIS INTENT. 4
334	289
335		-	(III) IF THE EMPLOYER FAILS TO PROVIDE AN EXPLAN ATION AS
336		-	REQUIRED UNDER ITEM (I)2 OF THIS PARAGRAPH , THE EMPLOYER MAY NOT
337		-	CHALLENGE THE ELIGIB ILITY OF AN EMPLOYEE ’S VOTE IN AN ELECTIO N OR THE
338		-	ELIGIBILITY TO SUBMI T A SHOWING OF INTER EST FORM FOR PURPOSE S OF
339		-	SUBSECTION (D)(3) OF THIS SECTION.
	290	+	(2) THE PETITION SHALL CO NTAIN: 5
340	291
341		-	(2) IF THE EMPLOYER FAILS TO SUBMIT THE LIST OF EMPLOYEES TO
342		-	THE EMPLOYEE ORGANIZ ATION OR NEUTRAL DEC ISION MAKE R WITHIN THE
343		-	REQUIRED TIME , IT SHALL BE CONCLUSI VELY DEEMED THAT AT LEAST 30% OF THE
344		-	EMPLOYEES IN THE BAR GAINING UNIT HAVE IN DICATED A DESIRE TO BE
345		-	REPRESENTED BY THE E MPLOYEE ORGANIZATION .
	292	+	(I) A REQUEST THAT THE EMP LOYER RECOGNIZE THE 6
	293	+	EMPLOYEE ORGANIZATIO N AS THE EXCLUSIVE R EPRESENTATIVE OF THE 7
	294	+	EMPLOYEES IN THE BAR GAINING UNIT; 8
346	295
347		-	(D) (1) THE NEUTRAL DECISION MAKER SHALL CHECK TH E WRITTEN
348		-	AUTHORIZATION CARDS SUBMITTED BY THE EMP LOYEE ORGANIZATION O R THE
349		-	EMPLOYEES AGAINST TH E LIST OF EMPLOYEES SUBMITTED BY THE EMP LOYER.
	296	+	(II) A STATEMENT THAT THE E MPLOYEE ORGANIZATION IS ONE 9
	297	+	IN WHICH EMPLOYEES P ARTICIPATE AND THAT HAS AS ONE OF ITS PU RPOSES THE 10
	298	+	REPRESENTATION OF PU BLIC EMPLOYEES IN MATTERS O F WAGES, HOURS, AND 11
	299	+	OTHER TERMS AND COND ITIONS OF EMPLOYMENT ; 12
350	300
351		-	(2) IF THE NEUTRAL DECISI ON MAKER DETERMINES THAT AT LEAST
352		-	30% OF THE EMPLOYEES ON THE LIST HAVE INDICA TED A DESIRE TO B E
353		-	REPRESENTED BY THE E MPLOYEE ORGANIZATION OR TO DECERTIFY AN E XCLUSIVE
354		-	REPRESENTATIVE , THE NEUTRAL DECISION MAKER SHALL NOTIFY T HE EMPLOYER
355		-	OF THE DETERMINATION .
	301	+	(III) A STATEMENT THAT THE E MPLOYEE ORGANIZATION HAS NO 13
	302	+	TERMS OR CONDITIONS OF MEMBERSHIP THAT D ISCRIMINATE WITH REG ARD TO 14
	303	+	RACE, COLOR, CREED, GENDER, AGE, POLITICAL AFFI LIATION, NATIONAL ORIGIN , 15
	304	+	RELIGION, MARITAL STATUS , OR DISABILITY; AND 16
356	305
357		-	(3) IF THE EMPLOYEE ORGAN IZATION SUBMITS A SH OWING OF
358		-	INTEREST OF AT LEAST 50% OF THE EMPL OYEES IN AN UNREPRES ENTED
359		-	BARGAINING UNIT :
	306	+	(IV) A STATEMENT THAT THE E MPLOYEE ORGANIZATION HAS IN 17
	307	+	ITS POSSESSION WRITT EN PROOF DATED NOT M ORE THAN 18 MONTHS BEFORE THE 18
	308	+	DAY ON WHICH THE PET ITION IS FILED ESTAB LISHING THAT AT LEAST 30% OF THE 19
	309	+	EMPLOYEES IN THE BAR GAINING UNIT: 20
360	310
361		-	(I) THE NEUTRAL DECISION MAKER SHALL ISSUE TO EACH
362		-	PARTICIPANT IN AN EL ECTION A CERTIFICATI ON OF REPRESENTATION ; AND
363		-	WES MOORE, Governor Ch. 132
	311	+	1. HAVE DESIGNATED THE E MPLOYEE ORGANIZATION 21
	312	+	TO REPRESENT THEM IN THEIR EMPLOYMENT REL ATIONS WITH THE EMPL OYER; OR 22
364	313
365		-	– 9 –
366		-	(II) THE EMPLOYER SHALL RECOGNIZE THE EMPLOYEE
367		-	ORGANIZATION AS THE CERTIFIED BARGAINING REPRESENTATIVE OF TH E
368		-	EMPLOYEES AT ISSUE .
	314	+	2. ARE MEMBERS OF THE EM PLOYEE ORGANIZATION . 23
369	315
370		-	(E) AN ELECTION MAY NOT B E CONDUCTED IN A BAR GAINING UNIT UNLESS
371		-	AT LEAST 1 YEAR HAS PASSED SINC E THE LAST ELECTION HELD IN THE BARGAINI NG
372		-	UNIT.
	316	+	(3) BEFORE A PETITION MAY BE PROCESSED, THE PROOF OF 24
	317	+	INTEREST SUBMITTED S HALL BE VERIFIED AS PROVIDED IN THIS SEC TION. 25
373	318
374		-	(F) (1) THE EMPLOYER SHALL NOTIFY ALL EMP LOYEES WITHIN THE
375		-	PROPOSED BARGAINING UNIT T HAT AN ELECTION WILL BE HELD AND REQUEST A
376		-	NEUTRAL DECISION MAK ER FROM THE FEDERAL MEDIATION AND CONCILIATION
377		-	SERVICE TO OVERSEE AN D CONDUCT AN ELECTIO N BY SECRET BALLOT .
	319	+	(4) THE EMPLOYEE ORGANIZA TION AND THE EMPLOYE R SHALL 26
	320	+	EQUALLY BEAR ANY COS TS ASSOCIATED WITH T HE VERIFICATION . 27
378	321
379		-	(2) THE BALLOT FOR AN ELE CTION SHALL INCLUDE THE FOLLOWING
380		-	CHOICES:
	322	+	(B) (1) (I) WHEN AN EMPLOYEE ORGA NIZATION OR EMPLOYEE S IN A 28
	323	+	BARGAINING UNIT FILE A PETITION WITH THE EMPLOYER, THE EMPLOYEE 29
	324	+	ORGANIZATION OR EMPL OYEES SHALL SELECT A NEUTRAL DECISION MAK ER FROM 30
	325	+	A REFERRAL OR LIST O F ARBITRATORS PROVID ED BY THE FEDERAL MEDIATION 31
	326	+	AND CONCILIATION SERVICE. 32 8 HOUSE BILL 609
381	327
382		-	(I) IN ACCORDANCE WITH TH E ISSUES PRESENTED B Y THE
383		-	PETITION OR PETITION S, EXCLUSIVE REPRESENTA TION BY ANY EMPLOYEE
384		-	ORGANIZATION SEEKING TO OBTAIN OR CONTINU E REPRESENTATION RIG HTS; AND
385	328
386		-	(II) NO EXCLUSIVE REPRESEN TATION.
387	329
388		-	(G) AN EMPLOYEE ORGAN IZATION MAY INTERVEN E IN THE ELECTION AN D
389		-	HAVE ITS NAME PLACED ON THE BALLOT IF :
	330	+	(II) THE EMPLOYEE O RGANIZATION OR EMPLO YEES IN THE 1
	331	+	BARGAINING UNIT SHAL L SUBMIT TO THE NEUT RAL DECISION MAKER S ELECTED 2
	332	+	UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH TH E AUTHORIZATION CARD S 3
	333	+	SIGNED AND DATED BY AT LEAST 30% OF THE EMPLOYEES IN THE BARGAINING UNIT 4
	334	+	NOT MORE THAN 18 MONTHS BEFORE THE DAY THE PETITION WAS FIL ED 5
	335	+	INDICATING, AS APPROPRIATE , THAT THE EMPLOYEES H AVE DESIGNATED THE 6
	336	+	EMPLOYEE ORGANIZATIO N TO REPRESENT THEM IN THEIR EMPLOYMENT 7
	337	+	RELATIONS WITH THE P UBLIC LIBRARY SYSTEM ADMINISTRATION . 8
390	338
391		-	(1) THE EMPLOYEE ORGANIZA TION FILES A PETITIO N NOT MORE
392		-	THAN 15 CALENDAR DAYS AFTER THE DATE ON WHICH TH E ORIGINAL PETITION IS
393		-	FILED;
	339	+	(2) THE EMPLOYEE ORGANIZA TION SHALL COPY THE EMPLOYER ON 9
	340	+	THE REQUEST FOR A NE UTRAL DECISION MAKER IN ORDER FOR THE PUB LIC 10
	341	+	LIBRARY SYSTEM TO RE CEIVE NOTICE OF THE SELECTION OF THE NEU TRAL 11
	342	+	DECISION MAKER FOR T HE CERTIFICATION PRO CESS. 12
394	343
395		-	(2) THE EMPLOYEE ORGANIZA TION CERTIFIES THAT AT LEAST 30%
396		-	OF THE EMPLOYEES OF THE UNIT:
	344	+	(C) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , 13
	345	+	WITHIN 2 CALENDAR DAYS AFTER THE DAY ON WHICH THE EMPLOYER RECEIVES 14
	346	+	THE PETITION, THE EMPLOYER SHALL SUBMIT TO THE EMPLOYEE ORGANIZATIO N 15
	347	+	AND NEUTRAL DECISION MAKER: 16
397	348
398		-	~~(I) HAVE DESIGNATED~~ THE ~~E MPLOYEE ORGANIZATION TO~~
399		-	~~REPRESENT THEM IN TH EIR EMPLOYMENT RELAT IONS WITH~~ THE ~~PUBLIC LIBRARY~~
400		-	~~SYSTEM ADMINISTRATIO N;~~ OR
	349	+	1. A LIST OF EMPLOYEES IN THE BARGAINING UNIT 17
	350	+	THAT IDENTIFIES EACH EMPLOYEE THAT THE EM PLOYER CONTENDS SHOU LD BE 18
	351	+	EXCLUDED AS AN ELIGI BLE VOTER OR FROM TH E BARGAINING UNIT ; AND 19
401	352
402		-	(II) ARE MEMBERS OF THE EM PLOYEE ORGANIZATION ; AND
	353	+	2. A STATEMENT EXPLAINING THE REASON FOR EACH 20
	354	+	EXCLUSION. 21
403	355
404		-	(3) THE SHOWING OF INTERE ST IS VERIFIED AS PR OVIDED IN THIS
405		-	SECTION.
	356	+	(II) IF A NEUTRAL DECISION MAKER HAS NOT BEEN S ELECTED 22
	357	+	WHEN THE EMPLOYER IS REQUIRED TO SUBMIT T HE LIST REQUIRED UND ER 23
	358	+	SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE EMPLOYER SHALL I NSTEAD SUBMIT 24
	359	+	THE LIST WITHIN 1 CALENDAR DAY AFTER T HE NEUTRAL DECISION MAKER HAS 25
	360	+	BEEN SELECTED. 26
406	361
407		-	(H) (1) WITHIN 15 DAYS AFTER A NEUTRAL DECISION MAKER IS
408		-	SELECTED, THE NEUTRAL DECISION MAKER SHALL HOLD A C ONFERENCE WITH THE Ch. 132 2024 LAWS OF MARYLAND
	362	+	(III) IF THE EMPLOYER FAILS TO PROVIDE AN EXPLAN ATION AS 27
	363	+	REQUIRED UNDER ITEM (I)2 OF THIS PARAGRAPH , THE EMPLOYER MAY NOT 28
	364	+	CHALLENGE THE ELIGIB ILITY OF AN EMPLOYEE ’S VOTE IN AN ELECTIO N OR THE 29
	365	+	ELIGIBILITY TO SUBMI T A SHOWING OF INTER EST FORM FOR PURPOSES OF 30
	366	+	SUBSECTION (D)(3) OF THIS SECTION. 31
409	367
410		-	– 10 –
411		-	PARTIES DURING WHICH ALL OBJECTIONS TO TH E PETITION AND THE CONDUCT OF
412		-	THE ELECTION MUST BE RAISED.
	368	+	(2) IF THE EMPLOYER FAILS TO SUBMIT THE LIST OF EMPLOYEES TO 32
	369	+	THE EMPLOYEE ORGANIZ ATION OR NEUTRAL DEC ISION MAKER WITHIN T HE 33
	370	+	REQUIRED TIME , IT SHALL BE CONCLUSI VELY DEEMED THAT AT LEAST 30% OF THE 34
	371	+	EMPLOYEES IN THE BARGAIN ING UNIT HAVE INDICA TED A DESIRE TO BE 35
	372	+	REPRESENTED BY THE E MPLOYEE ORGANIZATION . 36 HOUSE BILL 609 9
413	373
414		-	(2) (I) THE ELECTION SHALL BE CONDUCTED :
415	374
416		-	1. ACCORDING TO THE PROC EDURES ESTABLISHED B Y
417		-	THE NEUTRAL DECISION MAKER FROM THE FEDERAL MEDIATION AND
418		-	CONCILIATION SERVICE CONDUCTING TH E ELECTION;
419	375
420		-	~~2. SUBJECT TO SUBPARAGRA PH~~ (II) ~~OF THIS~~
421		-	~~PARAGRAPH , IN CONSULTATION WITH~~ THE ~~PARTIES THAT ATT ENDED~~ THE
422		-	~~CONFERENCE REQUIRED UNDER PARAGRAPH (1)~~ OF ~~THIS SUBSECTION ; AND~~
	376	+	(D) (1) THE NEUTRAL DECISION MAKER SHALL CHECK TH E WRITTEN 1
	377	+	AUTHORIZATION CARDS SUBMITTED BY THE EMP LOYEE ORGANIZATION O R THE 2
	378	+	EMPLOYEES AGAINST TH E LIST OF EMPLOYEES SUBMITTE D BY THE EMPLOYER . 3
423	379
424		-	3. WITHIN 90 DAYS AFTER THE DAY O F FILING THE
425		-	PETITION WITH THE EM PLOYER.
	380	+	(2) IF THE NEUTRAL DECISI ON MAKER DETERMINES THAT AT LEAST 4
	381	+	30% OF THE EMPLOYEES ON THE LIST HAVE INDICA TED A DESIRE TO BE 5
	382	+	REPRESENTED BY THE E MPLOYEE ORGANIZATION OR TO DECERTIFY AN E XCLUSIVE 6
	383	+	REPRESENTATIVE , THE NEUTRAL DECISION MAKER SHALL NOTIFY THE EMP LOYER 7
	384	+	OF THE DETERMINATION . 8
426	385
427		-	(II) 1. AN EMPLOYEE ORGANIZATIO N ON A BALLOT MAY
428		-	REQUEST A PREFERRED METHOD OF VOTING .
	386	+	(3) IF THE EMPLOYEE ORGAN IZATION SUBMITS A SH OWING OF 9
	387	+	INTEREST OF AT LEAST 50% OF THE EMPLOYEES IN AN UNREPRESENTED 10
	388	+	BARGAINING UNIT : 11
429	389
430		-	2. THE NEUTRAL DECISION MAKER SHALL DESIGNAT E
431		-	THE METHOD OF VOTING BASED ON THE REQUEST OF THE EMPLOYEE
432		-	ORGANIZATIONS ON THE BALLOT.
	390	+	(I) THE NEUTRAL DECISION MAKER SHALL ISSUE TO EACH 12
	391	+	PARTICIPANT IN AN EL ECTION A CERTIFICATI ON OF REPRESENTATION ; AND 13
433	392
434		-	~~3. IF THERE IS A DISPUTE BETWEEN TWO OR MORE~~
435		-	~~EMPLOYEE ORGANIZATIO NS ON~~ THE ~~BALLOT OVE R THE METHOD~~ OF ~~VOTI NG,~~ ~~THE~~
436		-	~~NEUTRAL DECISION MAK ER MAY DESIGNATE THE METHOD OF VOTING~~ .
	393	+	(II) THE EMPLOYER SHALL RECOGNIZE THE EMPLOYEE 14
	394	+	ORGANIZATION AS THE CERTIFIED BARGAINING REPRESENTATIVE OF TH E 15
	395	+	EMPLOYEES AT ISSUE . 16
437	396
438		-	(3) AN EMPLOYEE ORGANIZAT ION SHALL BE CERTIFI ED AS
439		-	EXCLUSIVE REPRESENTA TIVE FOLLOWING AN EL ECTION IF THE EMPLOY EE
440		-	ORGANIZATION HAS RECEI VED THE VOTE OF A MA JORITY OF THE VALID VOTES CAST
441		-	IN THE BARGAINING UN IT IN WHICH THE ELEC TION IS HELD.
	397	+	(E) AN ELECTION MAY NOT B E CONDUCTED IN A BAR GAINING UNIT UNLESS 17
	398	+	AT LEAST 1 YEAR HAS PASSED SINC E THE LAST ELECTION HELD IN THE BARGAINI NG 18
	399	+	UNIT. 19
442	400
443		-	(4) (I) ~~IF AN ELECTION INCLUD ES THREE OR MORE CHO ICES AND~~
444		-	~~NO CHOICE RECEIVES~~ A ~~MAJORITY OF THE VALI D VOTES CAST , THE NEUTRAL~~
445		-	DECISION ~~MAKER SHALL CO NDUCT A RUNOFF ELECT ION BETWEEN~~ THE ~~TWO~~
446		-	~~CHOICES THAT RECEIVE~~ D ~~THE LARGEST NUMBER OF VALID VOTES CAST~~ .
	401	+	(F) (1) THE EMPLOYER SHALL NOTIFY ALL EMP LOYEES WITHIN THE 20
	402	+	PROPOSED BARGAINING UNIT THAT AN ELECTIO N WILL BE HELD AND R EQUEST A 21
	403	+	NEUTRAL DECISION MAK ER FROM THE FEDERAL MEDIATION AND CONCILIATION 22
	404	+	SERVICE TO OVERSEE AN D CONDUCT AN ELECTIO N BY SECRET BALLOT . 23
447	405
448		-	(II) THE ~~CHOICE RECEIVING~~ THE ~~MAJORITY OF THE VALID~~
449		-	~~VOTES CAST IN THE RU NOFF ELECTION SHALL BE CERTIFIED.~~
	406	+	(2) THE BALLOT FOR AN ELE CTION SHALL INCLUDE THE FOLLOWING 24
	407	+	CHOICES: 25
450	408
451		-	(5) THE NEUTRAL DECIS ION MAKER CONDUCTING THE ELECTION
452		-	SHALL ISSUE TO ALL T HE PARTICIPANTS IN A N ELECTION A CERTIFI CATION OF WES MOORE, Governor Ch. 132
	409	+	(I) IN ACCORDANCE WITH TH E ISSUES PRESENTED B Y THE 26
	410	+	PETITION OR PETITION S, EXCLUSIVE REPRESENTATION BY AN Y EMPLOYEE 27
	411	+	ORGANIZATION SEEKING TO OBTAIN OR CONTINU E REPRESENTATION RIG HTS; AND 28
453	412
454		-	– 11 –
455		-	REPRESENTATION , IF AN EMPLOYEE ORGAN IZATION IS CERTIFIED , OR THE RESULTS
456		-	OF THE ELECTION , IF NO REPRESENTATIVE IS CHOSEN.
	413	+	(II) NO EXCLUSIVE REPRESEN TATION. 29
457	414
458		-	(I) (1) IF THE EMPLOYER DISAGREES WITH THE PETIT IONING EMPLOYEE
459		-	ORGANIZATION OR THE PETITIONING EMPLOYEE S AS TO THE INCLUSIO N OR
460		-	EXCLUSION OF SPECIFI C EMPLOYEES AND CLAS SIFICATIONS OF EMPLO YEES IN THE
461		-	BARGAINING UNIT , ALL THE EMPLOYEES IN THE PETITIONED –FOR GROUP SHALL
462		-	HAVE THE OPPOR TUNITY TO VOTE IN TH E ELECTION.
	415	+	(G) AN EMPLOYEE ORGANIZAT ION MAY INTERVENE IN THE ELECTION AND 30
	416	+	HAVE ITS NAME PLACED ON THE BALLOT IF : 31
	417	+	10 HOUSE BILL 609
463	418
464		-	(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE BALLOTS
465		-	OF CHALLENGED EMPLOY EES SHALL REMAIN SEA LED AND BE SET ASIDE UNTIL THE
466		-	BALLOTS OF EMPLOYEES WHO ARE NOT IN DISPU TE HAVE BEEN TALLIED .
467	419
468		-	(3) (I) IF THE TOTAL NUMBER O F BALLOTS OF CHALLEN GED
469		-	EMPLOYEES DOES NOT H AVE AN IMPACT ON THE ELECTION RESULT :
	420	+	(1) THE EMPLOYEE ORGANIZATIO N FILES A PETITION N OT MORE 1
	421	+	THAN 15 CALENDAR DAYS AFTER THE DATE ON WHICH TH E ORIGINAL PETITION IS 2
	422	+	FILED; 3
470	423
471		-	1. THE ~~PARTIES MAY NOT C OUNT THE BALLOTS OF~~
472		-	~~CHALLENGED~~ EMPLOYEES ~~; AND~~
	424	+	(2) THE EMPLOYEE ORGANIZA TION CERTIFIES THAT AT LEAST 30% 4
	425	+	OF THE EMPLOYEES OF THE UNIT: 5
473	426
474		-	2. THE ~~NEUTRAL DECISION MAKER SHALL RESOLVE THE~~
475		-	~~DISPUTE OVER~~ THE ~~CHALLENGED EMPLOYEES AFTER THE ELECTION I S CERTIFIED~~
476		-	~~THROUGH A HEARING .~~
	427	+	(I) HAVE DESIGNATED THE E MPLOYEE OR GANIZATION TO 6
	428	+	REPRESENT THEM IN TH EIR EMPLOYMENT RELAT IONS WITH THE PUBLIC LIBRARY 7
	429	+	SYSTEM ADMINISTRATIO N; OR 8
477	430
478		-	(II) IF THE TOTAL NUMBER O F BALLOTS OF CHALLEN GED
479		-	EMPLOYEES DOES HAVE AN IMPACT ON THE ELE CTION RESULT, THE PARTIES SHALL
480		-	IMMEDIATELY REFER TH E DISPUTE TO THE NEU TRAL DECISION MAKE R FROM THE
481		-	FEDERAL MEDIATION AND CONCILIATION SERVICE TO RESOLVE TH E DISPUTE
482		-	THROUGH A HEARING .
	431	+	(II) ARE MEMBERS OF THE EM PLOYEE ORGANIZATION ; AND 9
483	432
484		-	(~~4) (I~~) THE ~~NEUTRAL DECISION MAKER SHALL HOLD A H EARING~~
485		-	~~ON THE DISPUTE REFER RED UNDER PARAGRAPH (3)(II) OF THIS SUBSECTION :~~
	433	+	(3) THE SHOWING OF INTERE ST IS VERIFIED AS PR OVIDED IN THIS 10
	434	+	SECTION. 11
486	435
487		-	1. WITH THE PARTIES PRES ENTING EVIDENCE ON THEIR
488		-	POSITIONS; AND
	436	+	(H) (1) WITHIN 15 DAYS AFTER A NEUTRAL DECISION MAKER IS 12
	437	+	SELECTED, THE NEUTRAL DECISION MAKER SHALL HOLD A C ONFERENCE WITH THE 13
	438	+	PARTIES DURING WHICH ALL OBJECTIONS TO TH E PETITION AND THE C ONDUCT OF 14
	439	+	THE ELECTION MUST BE RAISED. 15
489	440
490		-	2. WITHIN 30 DAYS AFTER THE ELECT ION HAS
491		-	CONCLUDED .
	441	+	(2) (I) THE ELECTION SHALL BE CONDUCTED : 16
492	442
493		-	(II) IF THE NEUTRAL DECISI ON MAKER FINDS THAT
494		-	CHALLENGED EMPLOYEES ARE PROPERLY INCLUDE D WITHIN THE BARGAIN ING
495		-	UNIT, THE BALLOTS OF THE C HALLENGED EMPLOYEES SHALL BE COUNTED IN TH E
496		-	TOTAL TALLY FOR THE ELECTION.
497		-	Ch. 132 2024 LAWS OF MARYLAND
	443	+	1. ACCORDING TO THE PROC EDURES ESTABLISHED B Y 17
	444	+	THE NEUTRAL DECISION MAKER FROM THE FEDERAL MEDIATION AND 18
	445	+	CONCILIATION SERVICE CONDUCTING TH E ELECTION; 19
498	446
499		-	~~– 12 –~~
500		-	~~(III) 1.~~ THE ~~NEUTRAL DECISION MAKER SHALL ISSUE A~~
501		-	~~DECISION WITHIN 30 DAYS AFTER THE HEARI NG CONCLUDES .~~
	447	+	2. SUBJECT TO SUBPARAGRA PH (II) OF THIS 20
	448	+	PARAGRAPH , IN CONSULTATION WITH THE PARTIES THAT ATT ENDED THE 21
	449	+	CONFERENCE REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION ; AND 22
502	450
503		-	2. THE ~~NEUTRAL DECISION MAKER’S FINDINGS SHALL~~
504		-	~~BE FINAL AND BINDING ON~~ THE ~~PARTIES~~ .
	451	+	3. WITHIN 90 DAYS AFTER THE DAY O F FILING THE 23
	452	+	PETITION WITH THE EM PLOYER. 24
505	453
506		-	(J) (1) IF EMPLOYEES ARE REPR ESENTED BY AN EMPLOY EE
507		-	ORGANIZATION , EMPLOYEES MAY FILE A PETITION WITH THE EM PLOYER THAT
508		-	CONTAINS THE FOLLOWI NG:
	454	+	(II) 1. AN EMPLOYEE ORGANIZAT ION ON A BALLOT MAY 25
	455	+	REQUEST A PREFERRED METHOD OF VOTING . 26
509	456
510		-	(I) AN ASSERTION THAT THE MAJORITY OF THE EMPL OYEES NO
511		-	LONGER WISH TO BE RE PRESENTED BY THE EMP LOYEE ORGANIZATION ;
	457	+	2. THE NEUTRA L DECISION MAKER SHA LL DESIGNATE 27
	458	+	THE METHOD OF VOTING BASED ON THE REQUEST OF THE EMPLOYEE 28
	459	+	ORGANIZATIONS ON THE BALLOT. 29
512	460
513		-	(II) A STATEMENT THAT THE E MPLOYEES HAVE IN THE IR
514		-	POSSESSION SUBSTANTI VE DOCUMENTARY PROOF , DATED NOT MORE THAN 6
515		-	MONTHS BEFORE THE DA Y ON WHICH THE PETIT ION IS FILED, THAT AT LEAST 30%
516		-	OF THE EMPLOYEES WIT HIN THE BARGAINING U NIT APPROVE OF THE
517		-	DECERTIFICATION OF THE EM PLOYEE ORGANIZATION ; AND
	461	+	3. IF THERE IS A DISPUTE BETWEEN TWO OR MORE 30
	462	+	EMPLOYEE ORGANIZATIO NS ON THE BALLOT OVE R THE METHOD OF VOTI NG, THE 31
	463	+	NEUTRAL DECISION M AKER MAY DESIGNATE T HE METHOD OF VOTING . 32 HOUSE BILL 609 11
518	464
519		-	(III) A STATEMENT EXPLAINING THAT THE EMPLOYEES A RE
520		-	SEEKING DECERTIFICAT ION OF THE EMPLOYEE ORGANIZATION AS THE EXCLUSIVE
521		-	REPRESENTATIVE FOR T HE BARGAINING UNIT .
522	465
523		-	(2) (I) THE PETITION SHALL BE PROCESSED AS DESCRIBED IN
524		-	THIS SECTION , INCLUDING VERIFICATI ON OF PROOF OF INTER EST AND AN
525		-	ELECTION.
526	466
527		-	(II) AN EMPLOYEE ORGANIZAT ION SHALL BE ~~DECERTI FIED~~ AS
528		-	EXCLUSIVE REPRESENTA TIVE FOLLOWING AN EL ECTION IF THE ~~MAJORI TY OF THE~~
529		-	~~VALID~~ VOTES CAST ~~IN THE UNIT IN WHICH THE ELECTION IS HELD ARE FOR NO~~
530		-	~~REPRESENTATION~~ .
	467	+	(3) AN EMPLOYEE ORGANIZAT ION SHALL BE CERTIFI ED AS 1
	468	+	EXCLUSIVE REPRESENTA TIVE FOLLOWING AN EL ECTION IF THE EMPLOY EE 2
	469	+	ORGANIZATION HAS REC EIVED THE VOTE OF A MAJORITY OF THE VALI D VOTES CAST 3
	470	+	IN THE BARGAINING UN IT IN WHICH THE ELECTIO N IS HELD. 4
531	471
532		-	23–908.
	472	+	(4) (I) IF AN ELECTION INCLUD ES THREE OR MORE CHO ICES AND 5
	473	+	NO CHOICE RECEIVES A MAJORITY OF THE VALI D VOTES CAST , THE NEUTRAL 6
	474	+	DECISION MAKER SHALL CONDUCT A RUNOFF ELE CTION BETWEEN THE TW O 7
	475	+	CHOICES THAT RECEIVE D THE LARGEST NUMBER OF VALID VOTE S CAST. 8
533	476
534		-	(A) IF AN EMPLOYEE ORGANI ZATION IS CERTIFIED AS DESCRIBED IN THIS
535		-	SUBTITLE, THE EMPLOYER AND THE EMPLOYEE ORGANIZATIO N SHALL ENTER INTO
536		-	A COLLECTIVE BARGAIN ING AGREEMENT THAT C ONTAINS PROVISIONS R EGARDING:
	477	+	(II) THE CHOICE RECEIVING THE MAJORITY OF THE VALID 9
	478	+	VOTES CAST IN THE RU NOFF ELECTION SHALL BE CERTIFIED. 10
537	479
538		-	(1) WAGES, HOURS, AND TERMS AND CONDIT IONS OF EMPLOYMENT ;
	480	+	(5) THE NEUTRAL DECISION MAKER CONDUCTING THE ELECTION 11
	481	+	SHALL ISSUE TO ALL T HE PARTICIPANTS IN A N ELECTION A CERTIFI CATION OF 12
	482	+	REPRESENTATION , IF AN EMPLOYEE ORGAN IZATION IS CERTIFIED , OR THE RESULTS 13
	483	+	OF THE ELECTION , IF NO REPRESENTATIVE IS CHOSEN. 14
539	484
540		-	(2) THE ORDERLY PROCESSIN G AND SETTLEMENT OF GRIEVANCES
541		-	REGARDING THE INTERP RETATION AND IMPLEME NTATION OF THE COLLE CTIVE
542		-	BARGAINING AGREEMENT THAT CULMINATE IN FI NAL AND BINDING ARBI TRATION, WES MOORE, Governor Ch. 132
	485	+	(I) (1) IF THE EMPLOYER DISAGREES WITH THE P ETITIONING EMPLOYEE 15
	486	+	ORGANIZATION OR THE PETITIONING EMPLOYEE S AS TO THE INCLUS ION OR 16
	487	+	EXCLUSION OF SPECIFI C EMPLOYEES AND CLAS SIFICATIONS OF EMPLO YEES IN THE 17
	488	+	BARGAINING UNIT , ALL THE EMPLOYEES IN THE PETITIONED –FOR GROUP SHALL 18
	489	+	HAVE THE OPPORTUNITY TO VOTE IN THE ELECT ION. 19
543	490
544		-	– 13 –
545		-	INCLUDING APPEALS OF DISCIPLINARY AND OTH ER ADVERSE PERSONNEL ACTIONS
546		-	SUBJECT TO JUDICIAL REVIEW UNDER THE MARYLAND UNIFORM ARBITRATION
547		-	ACT; AND
	491	+	(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE BALLOT S 20
	492	+	OF CHALLENGED EMPLOY EES SHALL REMAIN SEA LED AND BE SET ASIDE UNTIL THE 21
	493	+	BALLOTS OF EMPLOYEES WHO ARE NOT IN DISPU TE HAVE BEEN TALLIED . 22
548	494
549		-	(3) ~~OTHER TOPICS THAT~~ THE ~~PARTIES MAY MUTUALLY AGREE TO~~
550		-	~~THAT WERE SUITABLE F OR BARGAINING .~~
	495	+	(3) (I) IF THE TOTAL NUMBER O F BALLOTS OF CHALLEN GED 23
	496	+	EMPLOYEES DOES NOT H AVE AN IMPACT ON THE ELECTION RESULT : 24
551	497
552		-	(B) (1) THE EMPLOYER AUTOMATI CALLY SHALL DEDUCT F ROM THE
553		-	PAYCHECK OF AN EMPLO YEE WHO IS A MEMBER OF THE BARGAINING UN IT
554		-	REPRESENTED BY THE C ERTIFIED EXCLUSIVE R EPRESENTATIVE DUES A UTHORIZED
555		-	AND OWED BY THE EMPL OYEE TO THE CERTIFIE D EXCLUSIVE REPRESEN TATIVE IF
556		-	THE EMPLOYEE SUBMITS T O THE EMPLOYER A DUE S DEDUCTION AUTHORIZ ATION
557		-	THAT HAS BEEN DULY E XECUTED BY THE EMPLO YEE.
	498	+	1. THE PARTIES MAY NOT C OUNT THE BALLOTS OF 25
	499	+	CHALLENGED EMPLOYEES ; AND 26
558	500
559		-	(2~~) ANY DUES DEDUCTED FRO M PAYCHECKS UNDER PA RAGRAPH (1)~~
560		-	~~OF THIS SUBSECTION S HALL BE REMITTED TO~~ THE CERTIFIED ~~EXCLUS IVE~~
561		-	~~REPRESENTATIVE~~ .
	501	+	2. THE NEUTRAL DECISION MAKER SHALL RESOLVE THE 27
	502	+	DISPUTE OVER THE CHA LLENGED EMPLOYEES AF TER THE ELECTION IS CERTIFIED 28
	503	+	THROUGH A HEARING . 29
562	504
563		-	(3) THE EMPLOYER AUTOMATI CALLY SHALL STOP MAK ING PAYROLL
564		-	DEDUCTIONS UNDER PAR AGRAPH (1) OF THIS SUBSECTION O N BEHALF OF A
565		-	CERTIFIED EXCLUSIVE REPRESENTATIVE IF :
	505	+	(II) IF THE TOTAL NUMBER O F BALLOTS OF C HALLENGED 30
	506	+	EMPLOYEES DOES HAVE AN IMPACT ON THE ELE CTION RESULT, THE PARTIES SHALL 31
	507	+	IMMEDIATELY REFER TH E DISPUTE TO THE NEU TRAL DECISION MAKER FROM THE 32
	508	+	FEDERAL MEDIATION AND CONCILIATION SERVICE TO RESOLVE TH E DISPUTE 33
	509	+	THROUGH A HEARING . 34 12 HOUSE BILL 609
566	510
567		-	(I) THE CERTIFIED EXCLUSI VE REPRESENTATIVE IS
568		-	DECERTIFIED;
569	511
570		-	(II) THE CERTIFIED EXCLUSI VE REPRESENTATIVE ’S RIGHT TO
571		-	DUES IS REVOKED UNDE R § 23–913(D)(3) OF THIS SUBTITLE;
572	512
573		-	(III) THE EMPLOYEE CEASES T O BE A MEMBER OF THE
574		-	BARGAINING UNIT REPR ESENTED BY THE CERTI FIED EXCLUSIVE REPRE SENTATIVE;
575		-	OR
	513	+	(4) (I) THE NEUTR AL DECISION MAKER SH ALL HOLD A HEARING 1
	514	+	ON THE DISPUTE REFER RED UNDER PARAGRAPH (3)(II) OF THIS SUBSECTION : 2
576	515
577		-	(IV) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECT ION, THE
578		-	EMPLOYEE REVOKES THE AUTHORIZATION FOR PA YMENTS TO THE EXCLUS IVE
579		-	REPRESENTATIVE IN AC CORDANCE WITH THE PR OCEDURES PROVIDED IN A DUES
580		-	DEDUCTION AUTHORIZAT ION.
	516	+	1. WITH THE PARTIES PRES ENTING EVIDENCE ON T HEIR 3
	517	+	POSITIONS; AND 4
581	518
582		-	(4) THE PROCEDURES PROVID ED IN A DUES DEDUCTI ON
583		-	AUTHORIZATION UTILIZ ED UNDER THIS SUBSECTION SHALL ALL OW FOR A
584		-	REVOCATION OF THE AU THORIZATION FOR PAYM ENTS TO THE EXCLUSIV E
585		-	REPRESENTATIVE AT LE AST ANNUALLY .
	519	+	2. WITHIN 30 DAYS AFTER THE ELECT ION HAS 5
	520	+	CONCLUDED . 6
586	521
587		-	(C) THIS SECTION MAY NOT BE CONSTRUED TO :
588		-	Ch. 132 2024 LAWS OF MARYLAND
	522	+	(II) IF THE NEUTRAL DECISI ON MAKER FINDS THAT 7
	523	+	CHALLENGED EMPLOYEES ARE PROPERLY INCLUDE D WITHIN THE BARGAIN ING 8
	524	+	UNIT, THE BALLOTS OF THE C HALLENGED EMPLOYEES SHALL BE COUNTED IN THE 9
	525	+	TOTAL TALLY FOR THE ELECTION. 10
589	526
590		-	– 14 –
591		-	(1) AUTHORIZE OR OTHERWIS E ALLOW AN EMPLOYEE TO ENGAGE IN
592		-	A STRIKE OR WORK STO PPAGE, AS THOSE TERMS ARE D EFINED IN § 23–913 OF THIS
593		-	SUBTITLE; OR
	527	+	(III) 1. THE NEUTRAL DECISION MAKER SHALL ISS UE A 11
	528	+	DECISION WITHIN 30 DAYS AFTER THE HEARI NG CONCLUDES . 12
594	529
595		-	(2~~) RESTRICT~~ THE ~~AUTHORIT Y OF THE GOVERNING FUNDING BODY~~
596		-	OF THE ~~APPLICABLE CO UNTY TO DETERMINE THE BUD GET OF THE EMPLOYER~~ .
	530	+	2. THE NEUTRAL DECISION MAKER’S FINDINGS SHALL 13
	531	+	BE FINAL AND BINDING ON THE PARTIES . 14
597	532
598		-	(D) (1) A COLLECTIVE BARGAININ G AGREEMENT ENTERED INTO UNDER
599		-	SUBSECTION (A) OF THIS SECTION SHAL L BE EFFECTIVE ON RA TIFICATION BY THE
600		-	MAJORITY OF VOTES CA ST BY THE EMPLOYEES IN THE BARGAINING UN IT AND
601		-	APPROVAL BY THE DIRE CTOR AND THE EMPLOYE R.
	533	+	(J) (1) IF EMPLOYEES ARE REPR ESENTED BY AN EMPLOY EE 15
	534	+	ORGANIZATION , EMPLOYEES MAY FILE A PETITION WITH THE EMPLOYER THAT 16
	535	+	CONTAINS THE FOLLOWI NG: 17
602	536
603		-	(2) ~~A SINGLE–YEAR OR MULTIYEAR CO LLECTIVE BARGAINING~~
604		-	~~AGREEMENT SHALL E XPIRE AT~~ THE ~~CLOSE O F THE COUNTY’S FISCAL YEAR.~~
	537	+	(I) AN ASSERTION THAT THE MAJORITY OF THE EMPL OYEES NO 18
	538	+	LONGER WISH TO BE RE PRESENTED BY THE EMP LOYEE ORGANIZATION ; 19
605	539
606		-	23–909.
	540	+	(II) A STATEMENT THAT THE E MPLOYEES HAVE IN THE IR 20
	541	+	POSSESSION SUBSTANTI VE DOCUMENTARY PROOF , DATED NOT MORE THAN 6 21
	542	+	MONTHS BEFORE THE DA Y ON WHICH THE PETIT ION IS FILED, THAT AT LEAST 30% 22
	543	+	OF THE EMPLOYEES WIT HIN THE BARGAINING U NIT APPROVE OF THE 23
	544	+	DECERTIFICATION OF T HE EMPLOYEE ORGANIZA TION; AND 24
607	545
608		-	(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
609		-	THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL REACH
610		-	AN AGREEMENT BY FEBRUARY 1 OF THE YEAR IN WHICH A COLLECTIVE BARG AINING
611		-	AGREEMENT WILL EXPIR E.
	546	+	(III) A STATEMENT EXPLAINING THAT THE EMPLOYEES A RE 25
	547	+	SEEKING DECERTIFICAT ION OF THE EMPLOYEE ORGANIZATION AS THE EXCLUSIVE 26
	548	+	REPRESENTATIVE FOR T HE BARGAINING UNIT . 27
612	549
613		-	(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE
614		-	EMPLOYER AND THE CER TIFIED EXCLUSIVE REP RESENTATIVE MUTUALLY MAY
615		-	AGREE TO EXTEND NEGO TIATIONS FOR A PERIO D NOT TO EXTEND PAST JUNE 30 OF
616		-	THE YEAR IN WHICH A COLLECTIVE BA RGAINING AGREEMENT W ILL EXPIRE.
	550	+	(2) (I) THE PETITION SHALL BE PROCESSED AS DESCRIB ED IN 28
	551	+	THIS SECTION , INCLUDING VERIFICATI ON OF PROOF OF INTER EST AND AN 29
	552	+	ELECTION. 30
617	553
618		-	(3) ANY EXTENSION MUST AC KNOWLEDGE ANY RELEVA NT COUNTY
619		-	BUDGETARY DEADLINES IN WRITING TO ENSURE THAT PARTIES MEET CR UCIAL
620		-	FUNDING DEADLINES .
	554	+	(II) AN EMPLOYEE ORGANIZATIO N SHALL BE DECERTIFI ED AS 31
	555	+	EXCLUSIVE REPRESENTA TIVE FOLLOWING AN EL ECTION IF THE MAJORI TY OF THE 32 HOUSE BILL 609 13
621	556
622		-	(B) AN IMPASSE IS REACHED DURING THE NEGOTIATI ONS BETWEEN THE
623		-	EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE IF TH E EMPLOYER
624		-	AND THE CERTIFIED EX CLUSIVE REPRESENTATI VE DO NOT REACH AN A GREEMENT
625		-	BY:
626	557
627		-	~~(1) STATING THEY HAVE MUT UALLY AGREED THAT~~ TH ~~EY ARE AT AN~~
628		-	~~IMPASSE;~~
	558	+	VALID VOTES CAST IN THE UNIT IN WHICH TH E ELECTION IS HELD A RE FOR NO 1
	559	+	REPRESENTATION . 2
629	560
630		-	(2) FEBRUARY 1 OF THE YEAR IN WHICH A COLLECTIVE BARGAIN ING
631		-	AGREEMENT WILL EXPIR E; OR
632		-	WES MOORE, Governor Ch. 132
	561	+	23–908. 3
633	562
634		-	~~– 15 –~~
635		-	~~(3) IF NEGOTIATIONS WERE EXTENDED~~, THE ~~DATE TO WHICH~~
636		-	~~NEGOTIATIONS WERE EX TENDED UNDER SUBSECT ION (A)(2) OF THIS SECTION.~~
	563	+	(A) IF AN EMPLOYEE ORGANI ZATION IS CERTIFIE D AS DESCRIBED IN TH IS 4
	564	+	SUBTITLE, THE EMPLOYER AND THE EMPLOYEE ORGANIZATIO N SHALL ENTER INTO 5
	565	+	A COLLECTIVE BARGAIN ING AGREEMENT THAT C ONTAINS PROVISIONS R EGARDING: 6
637	566
638		-	(C) (1) IF AN IMPASSE IS REAC HED UNDER SUBSECTION (B) OF THIS
639		-	SECTION, THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTA TIVE SHALL
640		-	EACH SUBMIT A FINAL OFFER TO THE OTHER P ARTY WITHIN 48 HOURS AFTER THE
641		-	IMPASSE IS REACHED .
	567	+	(1) WAGES, HOURS, AND TERMS AND CONDIT IONS OF EMPLOYMENT ; 7
642	568
643		-	(2) UNLESS THE IMPASSE RE ACHED UNDER SUBSECTI ON (B) OF THIS
644		-	SECTION HAS BEEN RES OLVED, THE DISPUTE AND THE FINAL OFFERS SHALL B E
645		-	SUBMITTED TO THE MED IATOR SELECTED BY TH E PARTIES IN ACCORDA NCE WITH
646		-	SUBSECTION (D) OF THIS SECTION.
	569	+	(2) THE ORDERLY PROCESSIN G AND SETTLEMENT OF GRIE VANCES 8
	570	+	REGARDING THE INTERP RETATION AND IMPLEME NTATION OF THE COLLE CTIVE 9
	571	+	BARGAINING AGREEMENT THAT CULMINATE IN FI NAL AND BINDING ARBI TRATION, 10
	572	+	INCLUDING APPEALS OF DISCIPLINARY AND OTH ER ADVERSE PERSONNEL ACTIONS 11
	573	+	SUBJECT TO JUDICIAL REVIEW UNDER THE MARYLAND UNIFORM ARBITRATION 12
	574	+	ACT; AND 13
647	575
648		-	(D) ~~(1) WITHIN 30 DAYS AFTER A MEDIATO R IS SELECTED BY~~ THE
649		-	~~PARTIES, THE MEDIATOR SHALL :~~
	576	+	(3) OTHER TOPICS THAT THE PARTIES MAY MUTUALLY AGREE TO 14
	577	+	THAT WERE SUITABLE F OR BARGAINING . 15
650	578
651		-	(I) MEET WITH THE EMPLOYE R AND THE CERTIFIED
652		-	EXCLUSIVE REPRES ENTATIVE; AND
	579	+	(B) (1) THE EMPLOYER AUTOMATI CALLY SHALL DEDUCT F ROM THE 16
	580	+	PAYCHECK OF AN EMPLO YEE WHO IS A MEMBER OF THE BARGAINING UNIT 17
	581	+	REPRESENTED BY THE C ERTIFIED EXCLUSIVE R EPRESENTATIVE DUES A UTHORIZED 18
	582	+	AND OWED BY THE EMPL OYEE TO THE CERTIFIE D EXCLUSIVE REPRESEN TATIVE IF 19
	583	+	THE EMPLOYEE SUBMITS TO THE EMPLOYER A DU ES DEDUCTION AUTHORI ZATION 20
	584	+	THAT HAS BEEN DULY E XECUTED BY T HE EMPLOYEE . 21
653	585
654		-	(II) ~~MAKE WRITTEN FINDINGS OF FACT AND~~
655		-	~~RECOMMENDATIONS FOR~~ THE ~~RESOLUTION OF TH E DISPUTE IN ACCORDA NCE WITH~~
656		-	~~THIS SUBSECTION~~ .
	586	+	(2) ANY DUES DEDUCTED FRO M PAYCHECKS UNDER PA RAGRAPH (1) 22
	587	+	OF THIS SUBSECTION S HALL BE REMITTED TO THE CERTIFIED EXCLUS IVE 23
	588	+	REPRESENTATIVE . 24
657	589
658		-	(2) ~~(I) IF~~ THE ~~PARTIES ARE UN ABLE TO AGREE ON A M EDIATOR,~~
659		-	~~THEY SHALL REQUEST~~ A ~~LIST OF SEVEN MEDIAT ORS FROM TH E FEDERAL~~
660		-	~~MEDIATION AND CONCILIATION SERVICE.~~
	590	+	(3) THE EMPLOYER AUTOMATI CALLY SHALL STOP MAK ING PAYROLL 25
	591	+	DEDUCTIONS UNDER PAR AGRAPH (1) OF THIS SUBS ECTION ON BEHALF OF A 26
	592	+	CERTIFIED EXCLUSIVE REPRESENTATIVE IF : 27
661	593
662		-	(II) 1. SUBJECT TO SUBSUBPARA GRAPH 2 OF THIS
663		-	SUBPARAGRAPH , WITHIN 3 WORKING DAYS AFTER R ECEIVING THE LIST UN DER
664		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE PARTIES SHALL AL TERNATELY
665		-	REMOVE ONE MEDIATOR FROM THE LIST UNTIL ONLY ONE MEDIATOR REMAINS , WHO
666		-	THE PARTIES SHALL AG REE WILL SERVE AS TH E MEDIATOR UNDER THI S
667		-	SUBSECTION.
	594	+	(I) THE CERTIFIED EXCLUSI VE REPRESENTATIVE IS 28
	595	+	DECERTIFIED; 29
668	596
669		-	2. THE ~~PARTIES SHALL SEL ECT WHICH PARTY REMO VES~~
670		-	~~THE FIRST MEDIATOR F ROM THE LIST BY USIN G A SELECTION METHOD THAT~~ IS
671		-	~~RANDOM AND OF EQU AL CHANCE FOR BOTH P ARTIES.~~
	597	+	(II) THE CERTIFIED EXCLUSI VE REPRESENTATIVE ’S RIGHT TO 30
	598	+	DUES IS REVOKED UNDE R § 23–913(D)(3) OF THIS SUBTITLE; 31
	599	+	14 HOUSE BILL 609
672	600
673		-	(3) THE MEDIATOR SHALL AC T AS AN INTERMEDIARY IN BRINGING
674		-	THE PARTIES TOGETHER AND SHALL ACTIVELY A SSIST THE PARTIES IN RESOLVING
675		-	THE DISPUTE BY:
676	601
677		-	(I) CONDUCTING PROCEEDING S IN ACCORDANCE WITH THIS
678		-	SUBSECTION; Ch. 132 2024 LAWS OF MARYLAND
	602	+	(III) THE EMPL OYEE CEASES TO BE A MEMBER OF THE 1
	603	+	BARGAINING UNIT REPR ESENTED BY THE CERTI FIED EXCLUSIVE REPRE SENTATIVE; 2
	604	+	OR 3
679	605
680		-	– 16 –
	606	+	(IV) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION , THE 4
	607	+	EMPLOYEE REVOKES THE AUTHORIZATION FOR PA YMENTS TO THE EXCLUS IVE 5
	608	+	REPRESENTATIVE IN AC CORDANCE WITH THE PROCEDU RES PROVIDED IN A DU ES 6
	609	+	DEDUCTION AUTHORIZAT ION. 7
681	610
682		-	(II) IDENTIFYING THE MAJOR ISSUES IN THE DISPUT E BETWEEN
683		-	THE PARTIES;
	611	+	(4) THE PROCEDURES PROVID ED IN A DUES DEDUCTI ON 8
	612	+	AUTHORIZATION UTILIZ ED UNDER THIS SUBSEC TION SHALL ALLOW FOR A 9
	613	+	REVOCATION OF THE AU THORIZATION FOR PAYM ENTS TO THE EXCLUSIV E 10
	614	+	REPRESENTATI VE AT LEAST ANNUALLY . 11
684	615
685		-	(~~III~~) ~~REVIEWING THE POSITIO NS OF THE PARTIES ; AND~~
	616	+	(C) THIS SECTION MAY NOT BE CONSTRUED TO : 12
686	617
687		-	(IV) RECOMMENDING A RESOLU TION FOR THE AGREEME NT OF
688		-	THE PARTIES.
	618	+	(1) AUTHORIZE OR OTHERWIS E ALLOW AN EMPLOYEE TO ENGAGE IN 13
	619	+	A STRIKE OR WORK STO PPAGE, AS THOSE TERMS ARE D EFINED IN § 23–913 OF THIS 14
	620	+	SUBTITLE; OR 15
689	621
690		-	(4) A RESOLUTION UNDER THI S SUBSECTION:
	622	+	(2) RESTRICT THE AUTHORIT Y OF THE GOVERNING FUNDING BODY 16
	623	+	OF THE APPLICABLE CO UNTY TO DETERMINE THE BUD GET OF THE EMPLOYER . 17
691	624
692		-	(I) SHALL ADDRESS MATTERS SUCH AS WAGE S, HOURS, OR
693		-	TERMS AND CONDITIONS OF EMPLOYMENT ;
	625	+	(D) (1) A COLLECTIVE BARGAININ G AGREEMENT ENTERED INTO UNDER 18
	626	+	SUBSECTION (A) OF THIS SECTION SHAL L BE EFFECTIVE ON RA TIFICATION BY THE 19
	627	+	MAJORITY OF VOTES CA ST BY THE E MPLOYEES IN THE BARG AINING UNIT AND 20
	628	+	APPROVAL BY THE DIRE CTOR AND THE EMPLOYE R. 21
694	629
695		-	(II) EXCEPT FOR COSTS ASSE SSED TO EMPLOYEES FO R HEALTH
696		-	CARE BENEFITS , MAY NOT INCLUDE HEAL TH CARE BENEFITS UNL ESS THE BENEFITS
697		-	ARE CONTRACTED DIREC TLY THROUGH THE PUBL IC LIBRARY SYSTE M; AND
	630	+	(2) A SINGLE–YEAR OR MULTIYEAR CO LLECTIVE BARGAINING 22
	631	+	AGREEMENT SHALL EXPI RE AT THE CLOSE OF T HE COUNTY’S FISCAL YEAR. 23
698	632
699		-	(III) MAY NOT EXCEED 1 FISCAL YEAR, UNLESS AGREED TO BY
700		-	THE PARTIES.
	633	+	23–909. 24
701	634
702		-	(5) (I) ~~ANY RESOLUTION UNDER~~ THIS SUBSECTION ~~REGA RDING~~
703		-	~~PENSION BENEFITS SHA LL BE CONSTRUED AS A RECOMMENDATION FOR~~
704		-	~~CONSIDERATION~~ BY ~~THE PENSION SPONSOR~~ OF ~~T HE STATE OR RESPECTIVE~~
705		-	~~COUNTY~~.
	635	+	(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 25
	636	+	THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL REACH 26
	637	+	AN AGREEMENT BY FEBRUARY 1 OF THE YEAR IN WHICH A COLLECTIVE BARGAIN ING 27
	638	+	AGREEMENT WILL EXPIR E. 28
706	639
707		-	(II) A CHANGE MAY NOT BE MA DE TO PENSION BENEFI TS
708		-	UNLESS AN APPROPRIAT E PLAN AMENDMENT IS ADOPTED BY THE PLAN SPONSOR
709		-	OF THE STATE OR RESPECTIVE C OUNTY.
	640	+	(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE 29
	641	+	EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE MUTUA LLY MAY 30
	642	+	AGREE TO EXTEND NEGO TIATIONS FOR A PERIO D NOT TO EXTEND PAST JUNE 30 OF 31
	643	+	THE YEAR IN WHICH A COLLECTIVE BARGAININ G AGREEMENT WILL EXP IRE. 32
	644	+	HOUSE BILL 609 15
710	645
711		-	(6) (I) BEFORE ISSUING A FINA L DECISION, THE MEDIATOR SHALL
712		-	TAKE INTO CONSID ERATION, AMONG ANY OTHER RELE VANT FACTORS :
713	646
714		-	1. THE WAGES AND PENSION BENEFITS, NOT INCLUDING
715		-	HEALTH CARE BENEFITS , OF THE EMPLOYEES OF THE BARGAINING UNIT ;
	647	+	(3) ANY EXTENSION MUST AC KNOWLEDGE ANY RELEVA NT COUNTY 1
	648	+	BUDGETARY DEA DLINES IN WRITING TO ENSURE THAT PARTIES MEET CRUCIAL 2
	649	+	FUNDING DEADLINES . 3
716	650
717		-	2. THE WAGES AND PENSION BENEFITS OF OTHER
718		-	SIMILARLY SITUATED E MPLOYEES PERFORMING SIMILAR SERVICES IN LIBRARIE S
719		-	OF COMPARABLE COUNTI ES IN THE STATE, TAKING INTO CONSIDER ATION THE
720		-	COST–OF–LIVING INDEX FOR THE AREA IN WHICH THE CO MPARABLE COUNTY IS
721		-	LOCATED;
722		-	WES MOORE, Governor Ch. 132
	651	+	(B) AN IMPASSE IS REACHED DURING THE NEGOTIATI ONS BETWEEN THE 4
	652	+	EMPLOYER AND THE CER TIFIED EXCLUSIVE REP RESENTATIVE IF THE E MPLOYER 5
	653	+	AND THE CERTIFIED EX CLUSIVE REPRESENTATI VE DO NOT REACH AN AGREEMENT 6
	654	+	BY: 7
723	655
724		-	– 17 –
725		-	3. WAGES AND PENSION BEN EFITS OF SIMILARLY
726		-	SITUATED COUNTY EMPL OYEES;
	656	+	(1) STATING THEY HAVE MUT UALLY AGREED THAT TH EY ARE AT AN 8
	657	+	IMPASSE; 9
727	658
728		-	4. THE LAST PUBLISHED ANNUAL U.S. DEPARTMENT OF
729		-	LABOR CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR ALL ITEMS IN
730		-	THE WASHINGTON–BALTIMORE AREA ;
	659	+	(2) FEBRUARY 1 OF THE YEAR IN WHICH A COLLECTIVE BARGAIN ING 10
	660	+	AGREEMENT WILL EXPIR E; OR 11
731	661
732		-	5. THE ~~SPECIAL NATURE OF THE WORK PERFORMED B Y~~
733		-	~~THE EMPLOYEES~~ OF ~~THE BARGAINING UNIT , INCLUDING:~~
	662	+	(3) IF NEGOTIATIONS WERE EXTENDED, THE DATE TO WHICH 12
	663	+	NEGOTIATIONS WERE E XTENDED UNDER SUBSEC TION (A)(2) OF THIS SECTION. 13
734	664
735		-	A. PHYSICAL REQUIREMENTS OF EMPLO YMENT;
	665	+	(C) (1) IF AN IMPASSE IS REAC HED UNDER SUBSECTION (B) OF THIS 14
	666	+	SECTION, THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL 15
	667	+	EACH SUBMIT A FINAL OFFER TO THE OTHER P ARTY WITHIN 48 HOURS AFTER THE 16
	668	+	IMPASSE IS REACHED . 17
736	669
737		-	B. EDUCATIONAL REQUIREME NTS;
	670	+	(2) UNLESS THE IMPASSE RE ACHED UNDER SUBSECTI ON (B) OF THIS 18
	671	+	SECTION HAS BEEN RES OLVED, THE DISPUTE AND THE FINAL OFFERS SHALL B E 19
	672	+	SUBMITTED TO THE MED IATOR SELECTED BY TH E PARTIES IN ACCORDA NCE WITH 20
	673	+	SUBSECTION (D) OF THIS SECTION. 21
738	674
739		-	C. JOB TRAINING AND JOB SKILLS; AND
	675	+	(D) (1) WITHIN 30 DAYS AFTER A MEDIATO R IS SELECTED BY THE 22
	676	+	PARTIES, THE MEDIATOR SHALL : 23
740	677
741		-	D. SHIFT ASSIGNMENTS AND THE DEMANDS PLACED O N
742		-	THE EMPLOYEES COMPAR ED TO THE DEMANDS PL ACED ON OTHER SIMILA RLY
743		-	SITUATED LIBRARY EMP LOYEES IN COMPARABLE COUNTY JU RISDICTIONS;
	678	+	(I) MEET WITH THE EMPLOYE R AND THE CERTIFIED 24
	679	+	EXCLUSIVE REPRESENTA TIVE; AND 25
744	680
745		-	6. STATE AND COUNTY MAND ATED EXPENDITURES ;
	681	+	(II) MAKE WRITTEN FINDINGS OF FACT AND 26
	682	+	RECOMMENDATIONS FOR THE RESOLUTION OF TH E DISPUTE IN ACCORDANCE WITH 27
	683	+	THIS SUBSECTION . 28
746	684
747		-	~~7. SUBJECT~~ TO ~~SUBPARAGRA~~ ~~PH (II) OF THIS~~
748		-	~~PARAGRAPH , AVAILABILITY~~ OF ~~FUND S,~~ ~~INCLUDING FINANCIAL SOURCES OF~~
749		-	~~REVENUE;~~ AND
	685	+	(2) (I) IF THE PARTIES ARE UN ABLE TO AGREE ON A M EDIATOR, 29
	686	+	THEY SHALL REQUEST A LIST OF SEVEN MEDIAT ORS FROM THE FEDERAL 30
	687	+	MEDIATION AND CONCILIATION SERVICE. 31
750	688
751		-	8. THE INTEREST AND WELF ARE OF THE PUBLIC .
	689	+	(II) 1. SUBJECT TO SUBSUBPARA GRAPH 2 OF THIS 32
	690	+	SUBPARAGRAPH , WITHIN 3 WORKING DAYS AFTER R ECEIVING THE LIST UN DER 33 16 HOUSE BILL 609
752	691
753		-	(II) IN CONSIDERING THE AV AILABILITY OF FUNDS FOR WAGE
754		-	INCREASES, THE MEDIATOR SHALL C ONSIDER THE GENERAL FUND REVENUES OF
755		-	THE RESPECTIVE COUNT Y AND ANY RELATED CO UNTY REPORTS ON REVE NUES.
756	692
757		-	(7) A MEDIATOR MAY NOT CONSIDER TESTIMONY R EGARDING FUNDS
758		-	FOR CAPITAL IMPROVEMENTS , SURPLUS CONTINGENCY , OR RESERVE FUNDS .
	693	+	SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE PARTIES SHALL AL TERNATELY 1
	694	+	REMOVE ONE MEDIATOR FROM THE LIST UNTIL ONLY ONE MEDIATOR RE MAINS, WHO 2
	695	+	THE PARTIES SHALL AG REE WILL SERVE AS TH E MEDIATOR U NDER THIS 3
	696	+	SUBSECTION. 4
759	697
760		-	(8) (I) THE PARTIES ARE STRON GLY ENCOURAGED TO RE ACH AN
761		-	AGREEMENT ON ALL ISS UES WHENEVER POSSIBL E.
	698	+	2. THE PARTIES SHALL SEL ECT WHICH PARTY REMO VES 5
	699	+	THE FIRST MEDIATOR F ROM THE LIST BY USIN G A SELECTION METHOD THAT IS 6
	700	+	RANDOM AND OF EQUAL CHANCE FOR BOTH PART IES. 7
762	701
763		-	(II) ~~IF NO AGREEMENT CAN B E REACHED BY~~ THE ~~PAR TIES,~~ ~~THE~~
764		-	~~MEDIATOR~~ SHALL ~~ISSUE A REPORT WITH~~ THE ~~MEDIATOR ’S~~ ~~DECISION, INCLUDING~~
765		-	~~WRITTEN FINDINGS OF FACT.~~
	702	+	(3) THE MEDIATOR SHALL AC T AS AN INTERMEDIARY IN BRINGING 8
	703	+	THE PARTIES TOGETHER AND SHALL ACTIVELY ASSIS T THE PARTIES IN RES OLVING 9
	704	+	THE DISPUTE BY: 10
766	705
767		-	(9) ~~THE MEDIATOR MAY ADOP T A PACKAGE OF FINAL POSITIONS OR~~
768		-	~~RULE ON EACH MATTER SEPARATELY. Ch. 132 2024 LAWS OF MARYLAND~~
	706	+	(I) CONDUCTING PROCEEDING S IN ACCORDANCE WITH THIS 11
	707	+	SUBSECTION; 12
769	708
770		-	– 18 –
	709	+	(II) IDENTIFYING THE MAJOR ISSUES IN THE DISPUT E BETWEEN 13
	710	+	THE PARTIES; 14
771	711
772		-	(10) THE MEDIATOR SHALL SU BMIT COPIES OF THE M EDIATOR’S
773		-	WRITTEN FINDINGS AND RECOMMENDATIONS TO T HE EMPLOYER AND THE
774		-	CERTIFIED EXCLUSIVE REPRESENTATIVE ON OR BEFORE THE IMMEDIATE LY
775		-	FOLLOWING APRIL 2.
	712	+	(III) REVIEWING THE POSITIO NS OF THE PARTIES; AND 15
776	713
777		-	(11) ANY COSTS ASSOCIATED WITH THIS SUBSECTION SHALL BE
778		-	SHARED EQUALLY BY TH E EMPLOYER AND THE C ERTIFIED EXCLUSIVE
779		-	REPRESENTATIVE .
	714	+	(IV) RECOMMENDING A RESOLU TION FOR THE AGREEME NT OF 16
	715	+	THE PARTIES. 17
780	716
781		-	(12) THIS SUBSECTION MAY NOT BE CONST RUED TO INTERFERE WI TH
782		-	ANY EFFORTS THE PART IES MAY UNDERTAKE TO REACH AN AGREEMENT A T ANY
783		-	TIME.
	717	+	(4) A RESOLUTION UNDER THI S SUBSECTION: 18
784	718
785		-	(13) ~~THE GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY IS~~
786		-	~~NOT BOUND BY ANY DEC ISION MADE UNDER THI S SUBSECTION.~~
	719	+	(I) SHALL ADDRESS MATTERS SUCH AS WAGES , HOURS, OR 19
	720	+	TERMS AND CONDITIONS OF EMPLOYMENT ; 20
787	721
788		-	(14) THE PROCEDURE IN THIS SUBSECTION S HALL BE THE EXCLUSIV E
789		-	PROCEDURE FOR RESOLV ING DISPUTES BETWEEN THE PARTIES , UNLESS THE
790		-	PARTIES, BY MUTUAL AGREEMENT , DETERMINE TO USE ANO THER METHOD OF
791		-	DISPUTE RESOLUTION .
	722	+	(II) EXCEPT FOR COSTS ASSE SSED TO EMPLOYEES FOR HEALTH 21
	723	+	CARE BENEFITS , MAY NOT INCLUDE HEAL TH CARE BENEFITS UNL ESS THE BENEFITS 22
	724	+	ARE CONTRACTED DIREC TLY THROUGH THE PUBL IC LIBRARY SYSTEM ; AND 23
792	725
793		-	(E) (1) THE MEDIATOR SHALL SUBMIT THE FIN DINGS AND
794		-	RECOMMENDAT IONS OF THE MEDIATOR TO THE EMPLOYER IN A TIMELY MANNER
795		-	CONSISTENT WITH THE TIMING OF PARAGRAPH (2) OF THIS SUBSECTION .
	726	+	(III) MAY NOT EXCEED 1 FISCAL YEAR, UNLESS AGREED TO BY 24
	727	+	THE PARTIES. 25
796	728
797		-	(2) THE EMPLOYER SHALL AP PROVE ALL RECOMMENDA TIONS AND
798		-	FINDINGS OF THE MEDI ATOR THAT DO NOT REQ UIRE AN APPROPRIATIO N OF
799		-	ADDITIONAL FU NDS WITHIN 5 14 DAYS AFTER THE MEDIA TOR’S DECISION.
	729	+	(5) (I) ANY RESOLUTION UNDER THIS SUB SECTION REGARDING 26
	730	+	PENSION BENEFITS SHA LL BE CONSTRUED AS A RECOMMENDATION FOR 27
	731	+	CONSIDERATION BY THE PENSION SPONSOR OF T HE STATE OR RESPECTIVE 28
	732	+	COUNTY. 29
800	733
801		-	23–910.
	734	+	(II) A CHANGE MAY NOT BE MA DE TO PENSION BENEFI TS 30
	735	+	UNLESS AN APPROPRIAT E PLAN AMEND MENT IS ADOPTED BY T HE PLAN SPONSOR 31
	736	+	OF THE STATE OR RESPECTIVE C OUNTY. 32 HOUSE BILL 609 17
802	737
803		-	(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE
804		-	EMPLOYER SHALL SUBMI T A TERM OF A COLLEC TIVE BARGAINING AGRE EMENT OR
805		-	MEMORANDUM OF UNDERS TANDING ENTERED INTO UNDER THIS SUBTITLE TO THE
806		-	GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY WITH THE EMPLOYER ’S
807		-	RECOMMENDATION REGAR DING WHETHER THE AGR EEMENT OR THE MEDIAT OR’S
808		-	DECISION REQUIRES AN APPROPRIATION OF ADD ITIONAL FUNDS.
809	738
810		-	(2) THE SUBMISSION REQUIR ED UNDER THIS SUBSEC TION SHALL BE
811		-	MADE BEFORE THE FIRST MEE TING OF THE GOVERNING FUNDING BODY OF THE
812		-	APPLICABLE COUNTY THAT IMMEDIATELY FOL LOWS AN AGREEMENT BE ING WES MOORE, Governor Ch. 132
813	739
814		-	– 19 –
815		-	REACHED TO ENSURE AN Y RELEVANT COUNTY BU DGETARY DEADLINES AR E NOT
816		-	MISSED.
	740	+	(6) (I) BEFORE ISSUING A FINA L DECISION, THE MEDIATOR SHALL 1
	741	+	TAKE INTO CONSIDERAT ION, AMONG ANY OTHER RELE VANT FACTORS : 2
817	742
818		-	(B) (1) THE GOVERNING FUNDING BODY OF THE APPLICABLE COUNTY
819		-	MAY APPROVE OR REJEC T A REQUEST FOR ADDI TIONAL FUNDING UNDER
820		-	SUBSECTION (A) OF THIS SECTION, IN WHOLE OR IN PART .
	743	+	1. THE WAGES AND PENSION BENEFITS, NOT INCLUDING 3
	744	+	HEALTH CARE BENEFITS , OF THE EMPLOYEES OF THE BARGAINING UNIT ; 4
821	745
822		-	(2) IF THE GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY
823		-	APPROVES A REQUEST U NDER PARAGRAPH (1) OF THIS SUBSECTION , THE
824		-	GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY SHALL TAKE ALL ACTIO NS
825		-	NECESSARY TO PROCESS THE REQUEST FOR ADDI TIONAL FUNDING .
	746	+	2. THE WAGES AND PENSION BENEFITS OF OTHER 5
	747	+	SIMILARLY SITUATED E MPLOYEES PERFORMING SIMILAR SERVICES IN LIBRARIES 6
	748	+	OF COMPARABLE COUNTI ES IN THE STATE, TAKING INTO CONSIDER ATION THE 7
	749	+	COST–OF–LIVING INDEX FOR THE AREA I N WHICH THE COMPARAB LE COUNTY IS 8
	750	+	LOCATED; 9
826	751
827		-	(C) (1) IF ANY PART OF A REQU EST FOR ADDITIONAL F UNDING
828		-	SUBMITTED TO THE GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY
829		-	UNDER THIS SUBSECTIO N IS REJECTED , THE REQUEST FOR ADDI TIONAL FUNDS
830		-	SHALL BE RETURNED TO THE EMPLOYER AND THE CERTIFIED EXCLUSIVE
831		-	REPRESENTATIVE FOR R ENEGOTIATION WITHIN THE LIMITS OF THE FU NDING
832		-	ALLOCATED BY THE GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY.
	752	+	3. WAGES AND PENSION BEN EFITS OF SIMILARLY 10
	753	+	SITUATED COUNTY EMPL OYEES; 11
833	754
834		-	~~(2)~~ THE ~~RENEGOTIATION SHA LL BE COMPLETED WITH IN A~~
835		-	~~TIMETABLE ESTABLISHE D BY THE GOVERNING FUNDING BODY OF THE APPLICABLE~~
836		-	~~COUNTY.~~
	755	+	4. THE LAST PUBLISHED AN NUAL U.S. DEPARTMENT OF 12
	756	+	LABOR CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR ALL ITEMS IN 13
	757	+	THE WASHINGTON–BALTIMORE AREA ; 14
837	758
838		-	(3) (I) IF AN IMPASSE IS REAC HED, THE EMPLOYER AND THE
839		-	CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL EACH SUBMIT A FINAL OFFER,
840		-	WITHIN THE LIMITS OF THE FUNDING ALLOCATE D BY THE GOVERNING FUNDING
841		-	BODY OF THE APPLICABLE CO UNTY, FOR THE REVIEW OF TH E GOVERNING FUNDING
842		-	BODY OF THE APPLICABLE CO UNTY.
	759	+	5. THE SPECIAL NATURE OF THE WORK PERFORMED B Y 15
	760	+	THE EMPLOYEES OF THE BARGAINING UNIT , INCLUDING: 16
843	761
844		-	(II) THE GOVERNING FUNDING BODY OF THE APPLICABLE
845		-	COUNTY SHALL SELECT ONE OF THE OFFERS SUBMITTED UNDER SUBPARAGRAPH (I)
846		-	OF THIS PARAGRAPH .
	762	+	A. PHYSICAL REQUIREMENTS OF EMPLOYMENT ; 17
847	763
848		-	(III) THE SELECTION OF THE GOVERNING FUNDING BODY OF
849		-	THE APPLICABLE COUNT Y IS BINDING ON ALL PARTI ES.
	764	+	B. EDUCATIONAL REQUIREME NTS; 18
850	765
851		-	(D) (1) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE
852		-	REPRESENTATIVE ARE M UTUALLY OBLIGATED TO :
	766	+	C. JOB TRAINING AND JOB SKILLS; AND 19
853	767
854		-	(I) MEET AT REASONABLE TI MES IN CONSIDERATION OF THE
855		-	COUNTY’S BUDGET SUBMISSION DATE; AND
	768	+	D. SHIFT ASSIGNMENTS AND THE DEMANDS PLACED O N 20
	769	+	THE EMPLOYEES COMPAR ED TO THE DEMANDS PL ACED ON OTHER SIMILA RLY 21
	770	+	SITUATED LIBRARY EMP LOYEES IN COMPARABLE COUNTY JURISDICTIONS ; 22
856	771
857		-	(II) NEGOTIATE IN GOOD FAI TH ON:
858		-	Ch. 132 2024 LAWS OF MARYLAND
	772	+	6. STATE AND COUNTY MAND ATED EXPENDITURES ; 23
859	773
860		-	~~– 20 –~~
861		-	~~1. WAGES~~, ~~HOURS, AND TERMS AND CONDIT IONS~~ OF
862		-	~~EMPLOYMENT~~ ; AND
	774	+	7. SUBJECT TO SUBPARAGRA PH (II) OF THIS 24
	775	+	PARAGRAPH , AVAILABILITY OF FUND S, INCLUDING FINANCIAL SOURCES OF 25
	776	+	REVENUE; AND 26
863	777
864		-	2. DRAFTING A WRITTEN CO LLECTIVE BARGAINING
865		-	AGREEMENT THAT CONTA INS ALL MATTERS AGRE ED ON AND IS SIGNED BY
866		-	AUTHORIZED REPRESENT ATIVES OF BOTH PARTI ES.
	778	+	8. THE INTEREST AND WELF ARE OF THE PUBLIC . 27
867	779
868		-	(2) THE OBLIGATION TO NEG OTIATE IN GOOD FAITH UNDER
869		-	PARAGRAPH (1)(II) OF THIS SUBSECTION :
	780	+	(II) IN CONSIDERING THE AV AILABILITY OF FUNDS FOR WAGE 28
	781	+	INCREASES, THE MEDIATOR SHALL C ONSIDER THE GENERAL FUND REVENUES OF 29
	782	+	THE RESPECTIVE COUNT Y AND ANY RELATED CO UNTY REPORTS ON REVE NUES. 30 18 HOUSE BILL 609
870	783
871		-	(I) REQUIRES THAT AN EFFO RT BE MADE BY BOTH P ARTIES TO
872		-	ARRIVE AT AN AGREEME NT AND REDUCE THE AG REEMENT TO WRITING W ITHIN A
873		-	REASONABLE PERIOD OF TIME; AND
874	784
875		-	(II) DOES NOT REQUIRE THAT ANY CONCESSION B E MADE BY
876		-	EITHER PARTY.
877	785
878		-	23–911.
	786	+	(7) A MEDIATOR MAY NOT CONSIDER TESTIMONY R EGARDING FUNDS 1
	787	+	FOR CAPITAL IMPROVEM ENTS, SURPLUS CONTINGENCY , OR RESERVE FUNDS . 2
879	788
880		-	(A) AN ~~EMPLOYER MAY PROVI DE TO A REPRESENTATI VE OF THE EXCLUSIVE~~
881		-	~~REPRESENTATIVE :~~
	789	+	(8) (I) THE PARTIES ARE STRON GLY ENCOURAGED TO REACH AN 3
	790	+	AGREEMENT ON ALL ISS UES WHENEVER POSSIBL E. 4
882	791
883		-	(1) RELEASE TIME; AND
	792	+	(II) IF NO AGREEMENT CAN B E REACHED BY THE PAR TIES, THE 5
	793	+	MEDIATOR SHALL ISSUE A REPORT WITH THE ME DIATOR’S DECISION, INCLUDING 6
	794	+	WRITTEN FINDINGS OF FACT. 7
884	795
885		-	(2) ~~ACCESS TO ROUTINE SER VICES AND FACILITIES~~ OF ~~THE~~
886		-	~~EMPLOYER~~.
	796	+	(9) THE MEDIATOR MAY ADOP T A PACKAGE OF FINAL POSITIONS OR 8
	797	+	RULE ON EACH MATTER SEPARATELY. 9
887	798
888		-	(B) THE EMPLOYER OR ITS O FFICERS OR AGENTS MA Y NOT:
	799	+	(10) THE MEDIATOR SHALL SU BMIT COPIES OF THE M EDIATOR’S 10
	800	+	WRITTEN FINDINGS AND RECOMMENDATIONS TO T HE EMPLOYER AND THE 11
	801	+	CERTIFIED EXCLUSIVE REPRESENTATIVE ON OR BEFORE THE IMMEDIATE LY 12
	802	+	FOLLOWING APRIL 2. 13
889	803
890		-	(1) INTERFERE WITH , COERCE, UNDULY INFLUENCE , OR RESTRAIN
891		-	AN EMPLOYEE ’S EXERCISE OF RIGHTS UNDER THIS SUBTITLE ;
	804	+	(11) ANY COSTS ASSOCIATED WITH THIS SUBSECTION SHALL BE 14
	805	+	SHARED EQUALLY BY TH E EMPLOYER AND THE C ERTIFIED EXCLUSIVE 15
	806	+	REPRESENTATIVE . 16
892	807
893		-	(2) EXCEPT AS PROVIDED IN SUBSECTION (A) OF THIS SECTION ,
894		-	DOMINATE, SURVEIL, INTERFERE WITH , ASSIST IN THE FORMAT ION,
895		-	ADMINISTRATION , OR EXISTENCE OF , OR CONTRIBUTE FINANC IAL ASSISTANCE OR
896		-	OTHER SUPPORT TO AN EMPLOYEE ORGANIZATIO N;
	808	+	(12) THIS SUBSECTION MAY N OT BE CONSTRUED TO I NTERFERE WITH 17
	809	+	ANY EFFORTS THE PART IES MAY UNDERTAKE TO REACH AN AGREEMENT A T ANY 18
	810	+	TIME. 19
897	811
898		-	(3) ENCOURAGE OR DISCOURA GE MEMBERSHIP IN AN EMPLOYEE
899		-	ORGANIZATION BY DISC RIMINATING AGAINST A N EMPLOYEE THROUGH H IRING,
900		-	TENURE, PROMOTION , OR OTHER CONDI TIONS OF EMPLOYMENT ;
	812	+	(13) THE GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY IS 20
	813	+	NOT BOUND BY ANY DEC ISION MADE UNDER THI S SUBSECTION. 21
901	814
902		-	(4) REFUSE TO BARGAIN IN GOOD FAITH WITH AN E MPLOYEE
903		-	ORGANIZATION THAT IS THE EXCLUSIVE REPRES ENTATIVE OF THE EMPL OYEES; OR
904		-	WES MOORE, Governor Ch. 132
	815	+	(14) THE PROCEDURE IN THIS SUBSECTION SHALL BE THE EXCLUSIVE 22
	816	+	PROCEDURE FOR RESOLV ING DISPUTES BETWEEN THE PARTIES , UNLESS THE 23
	817	+	PARTIES, BY MUTUAL AGREEMENT , DETERMINE TO USE ANO THER METHOD OF 24
	818	+	DISPUTE RESOLUTION . 25
905	819
906		-	– 21 –
907		-	(5) SPEND PUBLIC MONEY , USE PUBLIC RESOURCES , OR PROVIDE
908		-	ASSISTANCE TO AN IND IVIDUAL OR GROUP FOR A NEGATIVE CAMPAIGN AGAINST
909		-	EFFORTS BY EMPLOYEES OR AN EMPLOYEE ORGAN IZATION TO:
	820	+	(E) (1) THE MEDIATOR SHALL SUBMIT THE FIN DINGS AND 26
	821	+	RECOMMENDATIONS OF T HE MEDIATOR TO THE E MPLOYER IN A TIMELY MANNER 27
	822	+	CONSISTENT WITH THE TIMING OF PARAGRAPH (2) OF THIS SUBSECTION. 28
910	823
911		-	(I) GAIN OR RETAIN COLLEC TIVE BARGAINING RIGH TS OR TO
912		-	CERTIFY AN EMPLOYEE ORGANIZATION AS AN E XCLUSIVE REPRESENTAT IVE; OR
	824	+	(2) THE EMPLOYER SHALL AP PROVE ALL RECOMMENDA TIONS AND 29
	825	+	FINDINGS OF THE MEDI ATOR THAT DO NOT REQ UIRE AN APPROPRIATIO N OF 30
	826	+	ADDITIONAL FUNDS WIT HIN 5 14 DAYS AFTER THE MEDIA TOR’S DECISION. 31
913	827
914		-	(II) CERTIFY AN EMPLOYEE O RGANIZATION AS AN EXCLUSIVE
915		-	REPRESENTATIVE .
	828	+	23–910. 32 HOUSE BILL 609 19
916	829
917		-	(C) AN EMPLOYEE ORGANIZAT ION MAY NOT:
918	830
919		-	(1) INTERFERE WITH , COERCE, UNDULY INFLUENCE , OR RESTRAIN
920		-	AN EMPLOYEE ’S EXERCISE OF RIGHTS UNDER THIS SUBTITLE ;
921	831
922		-	(2) CAUSE OR ATTEMPT TO C AUSE THE EMPLOYER TO DISCRIMINATE
923		-	AGAINST AN EM PLOYEE BECAUSE THE E MPLOYEE EXERCISES A RIGHT UNDER THIS
924		-	SUBTITLE;
	832	+	(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUB SECTION, THE 1
	833	+	EMPLOYER SHALL SUBMI T A TERM OF A COLLEC TIVE BARGAINING AGRE EMENT OR 2
	834	+	MEMORANDUM OF UNDERS TANDING ENTERED INTO UNDER THIS SUBTITLE TO THE 3
	835	+	GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY WITH THE EMPLOYER ’S 4
	836	+	RECOMMENDATION REGAR DING WHETHER THE AGREEMENT OR THE MED IATOR’S 5
	837	+	DECISION REQUIRES AN APPROPRIATION OF ADD ITIONAL FUNDS. 6
925	838
926		-	(3) DISCIPLINE OR FINE A MEMBER OF THE EMPLOY EE
927		-	ORGANIZATION AS PUNI SHMENT OR REPRISAL ;
	839	+	(2) THE SUBMISSION REQUIR ED UNDER THIS SUBSEC TION SHALL BE 7
	840	+	MADE BEFORE THE FIRS T MEETING OF THE GOVERNING FUNDING BODY OF THE 8
	841	+	APPLICABLE COUNTY THAT IMMEDIATELY FOL LOWS AN AGREEMENT BEING 9
	842	+	REACHED TO ENSURE AN Y RELEVANT COUNTY BU DGETARY DEADLINES AR E NOT 10
	843	+	MISSED. 11
928	844
929		-	(4) ~~DISCIPLINE OR FINE A MEMBER~~ OF THE ~~EMPLOY~~ EE
930		-	~~ORGANIZATION~~ FOR ~~THE PURPOSE OF IMPEDING THE ME MBER’S WORK~~
931		-	~~PERFORMANCE ;~~
	845	+	(B) (1) THE GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY 12
	846	+	MAY APPROVE OR REJEC T A REQUEST FOR ADDI TIONAL FUNDING UNDER 13
	847	+	SUBSECTION (A) OF THIS SECTION, IN WHOLE OR IN PART. 14
932	848
933		-	(5) REFUSE TO BARGAIN IN GOOD FAITH WITH THE EMPLOYER OR TO
934		-	PARTICIPATE IN GOOD FAITH IN A PROCEDURE UNDER THIS SUBTITLE ; OR
	849	+	(2) IF THE GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY 15
	850	+	APPROVES A REQUEST U NDER PARAGRAPH (1) OF THIS SUBSECTION , THE 16
	851	+	GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY SHALL TAKE ALL ACTIO NS 17
	852	+	NECESSARY TO PROCESS THE REQUEST FOR ADDI TIONAL FUNDING. 18
935	853
936		-	(6) UNFAIRLY REPRESENT EM PLOYEES IN COLLECTIV E BARGAINING
937		-	OR IN ANY OTHER MATT ER IN WHICH THE EMPL OYEE ORGANIZATION HAS THE DUTY
938		-	OF FAIR REPRESENTATI ON.
	854	+	(C) (1) IF ANY PART OF A REQU EST FOR ADDITIONAL F UNDING 19
	855	+	SUBMITTED TO THE GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY 20
	856	+	UNDER THIS SUBSECTIO N IS REJECTED , THE REQUEST FOR ADDI TIONAL FUNDS 21
	857	+	SHALL BE RETURNED TO THE EMPLOYER AND THE CERTIFIED EXC LUSIVE 22
	858	+	REPRESENTATIVE FOR R ENEGOTIATION WITHIN THE LIMITS OF THE FU NDING 23
	859	+	ALLOCATED BY THE GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY. 24
939	860
940		-	(D) ~~(1) AN EMPLOYEE WHO IS~~ A ~~MEMBER OF A BARGAINI NG UNIT WITH A~~
941		-	~~CERTIFIED EXCLUSIVE REPRESENTATIVE MAY , WITHOUT~~ THE ~~INTERVEN TION~~ OF AN
942		-	~~EMPLOYEE ORGANIZATIO N, DISCUSS ANY MATTER W ITH THE EMPLOYER~~ .
	861	+	(2) THE RENEGOTIATION SHA LL BE COMPLETED WITH IN A 25
	862	+	TIMETABLE ESTABLISHE D BY THE GOVERNING FUNDING BODY OF THE APPLICABLE 26
	863	+	COUNTY. 27
943	864
944		-	(2) ~~THIS SUBSECTION DOES NOT WAIVE~~ THE ~~RIGHT OF~~ THE
945		-	~~EMPLOYEE ORGANIZATIO N TO BE THE EXCLUSIV E BARGAINING REPRESE NTATIVE~~
946		-	~~FOR ISSUES RELATED T O WAGES,~~ ~~HOURS, AND WORKING CONDITIO NS AND IS NOT~~
947		-	~~INTENDED TO CREATE A N ALTERNATE PATH TO ALTER TERMS AND COND ITIONS~~ OF
948		-	~~THE COLLECTIVE BARGA INING AGREEMENT BETW EEN~~ THE ~~PARTIES~~ .
	865	+	(3) (I) IF AN IMPASSE IS REAC HED, THE EMPLOYER AND THE 28
	866	+	CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL EACH SUBMIT A FINAL OFFER, 29
	867	+	WITHIN THE LIMITS OF THE FUNDING ALLOCATE D BY THE GOVERNING FUNDING 30
	868	+	BODY OF THE APPLICABLE CO UNTY, FOR THE REVIEW OF THE GOVERNING FUNDING 31
	869	+	BODY OF THE APPLICABLE CO UNTY. 32
949	870
950		-	23–912. Ch. 132 2024 LAWS OF MARYLAND
	871	+	(II) THE GOVERNING FUNDING BODY OF THE APPLICABLE 33
	872	+	COUNTY SHALL SELECT ONE OF THE OFFERS SUBMITTED UNDER SUBPARAGRAPH (I) 34
	873	+	OF THIS PARAGRAPH . 35
	874	+	20 HOUSE BILL 609
951	875
952		-	– 22 –
953	876
954		-	(A) ~~NOTWITHSTANDING ANY O THER PROVISIONS~~ OF ~~L AW, IT IS~~ THE
955		-	~~EXCLUSIVE RIGHT OF T HE EMPLOYER TO :~~
	877	+	(III) THE SELECTION OF THE GOVERNING FUNDING BODY OF 1
	878	+	THE APPLICABLE COUNT Y IS BINDING ON ALL PA RTIES. 2
956	879
957		-	(1) ~~DETERMINE~~ THE ~~PURPOSE S AND OBJECTIVES OF EACH OF ITS~~
958		-	~~CONSTITUENT OFFICES AND DEPAR TMENTS;~~
	880	+	(D) (1) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE 3
	881	+	REPRESENTATIVE ARE M UTUALLY OBLIGATED TO : 4
959	882
960		-	(2) SET STANDARDS OF SERV ICES TO BE OFFERED T O THE PUBLIC;
	883	+	(I) MEET AT REASONABLE TI MES IN CONSIDERATION OF THE 5
	884	+	COUNTY’S BUDGET SUBMISSION DATE; AND 6
961	885
962		-	(3) EXERCISE CONTROL AND DISCRETION OVER ITS ORGANIZATION
963		-	AND OPERATIONS ; AND
	886	+	(II) NEGOTIATE IN GOOD FAI TH ON: 7
964	887
965		-	(4) DETERMINE THE METHODS , MEANS, PERSONNEL , AND OTHER
966		-	RESOURCES BY WHICH T HE EMPLOYER ’S OPERATIONS AR E TO BE CONDUCTED ,
967		-	INCLUDING:
	888	+	1. WAGES, HOURS, AND TERMS AND CONDIT IONS OF 8
	889	+	EMPLOYMENT ; AND 9
968	890
969		-	(I) THE USE OF VOLUNTEERS ; AND
	891	+	2. DRAFTING A WRITTEN CO LLECTIVE BARGAINING 10
	892	+	AGREEMENT THAT CONTA INS ALL MATTERS AGRE ED ON AND IS SIGNED BY 11
	893	+	AUTHORIZED REPRESENT ATIVES OF BOTH PARTI ES. 12
970	894
971		-	(II) THE ~~CONTRACTING OUT O F WORK IF CONSIDERED~~
972		-	~~NECESSARY.~~
	895	+	(2) THE OBLIGATION TO NEG OTIATE IN GOOD FAITH UNDER 13
	896	+	PARAGRAPH (1)(II) OF THIS SUBSECTION : 14
973	897
974		-	(B) ~~SUBJECT~~ TO ~~APPLICABLE PROVISIONS OF A COLL ECTIVE BARGAINING~~
975		-	~~AGREEMENT~~ AND ~~IN ACC ORDANCE WITH~~ THE ~~RES PECTIVE COUNTY CHART ER AND~~
976		-	~~OTHER APPLICABLE LAW S,~~ ~~THE EMPLOYER MAY :~~
	898	+	(I) REQUIRES THAT AN EFFO RT BE MADE BY BOTH P ARTIES TO 15
	899	+	ARRIVE AT AN AGREEME NT AND REDUCE THE AG REEMENT TO WRITING W ITHIN A 16
	900	+	REASONABLE PERIOD OF TIME; AND 17
977	901
978		-	(1) DIRECT ITS EMPLOYEES ;
	902	+	(II) DOES NOT REQUIRE THAT ANY CONCESSION BE MA DE BY 18
	903	+	EITHER PARTY. 19
979	904
980		-	~~(2) HIRE, PROMOTE, TRANSFER, ASSIGN, OR RETAIN EMPLOYEES ;~~
	905	+	23–911. 20
981	906
982		-	(3) ESTABLISH REASONABLE WORK RULES ; AND
	907	+	(A) AN EMPLOYER MAY PROVI DE TO A REPRESENTATI VE OF THE EXCLUSIVE 21
	908	+	REPRESENTATIVE : 22
983	909
984		-	(4) DEMOTE, SUSPEND, DISCHARGE, OR TAKE ANY OTHER
985		-	DISCIPLINARY ACTION AGAINST ITS EMPLOYEE S FOR JUST CAUSE .
	910	+	(1) RELEASE TIME; AND 23
986	911
987		-	(C) THE PROVISIONS OF THI S SECTION SHALL BE D EEMED TO BE PART OF
988		-	EVERY AGREEMENT EXEC UTED BETWEEN THE EMP LOYER AND A CERTIFIE D
989		-	EXCLUSIVE REPRESENTA TIVE.
	912	+	(2) ACCESS TO ROUTINE SER VICES AND FACILITIES OF THE 24
	913	+	EMPLOYER. 25
990	914
991		-	(D) THIS SECTION MAY NOT BE CONSTRUED TO DENY THE RIGHT OF AN
992		-	EMPLOYEE TO SUBMIT A GRIEVANCE WITH REGAR D TO THE EMPLOYER ’S EXERCISE
993		-	OF ITS RIGHTS UNDER THIS SECTION.
	915	+	(B) THE EMPLOYER OR ITS OFFIC ERS OR AGENTS MAY NO T: 26
994	916
995		-	(E) EXCEPT AS OTHERWISE P ROVIDED BY LAW , IF EMPLOYEES HAVE
996		-	ENTERED INTO A COLLE CTIVE BARGAINING AGR EEMENT WITH THE EMPL OYER WES MOORE, Governor Ch. 132
	917	+	(1) INTERFERE WITH , COERCE, UNDULY INFLUENCE , OR RESTRAIN 27
	918	+	AN EMPLOYEE ’S EXERCISE OF RIGHTS UNDER THIS SUBTITLE ; 28
	919	+	HOUSE BILL 609 21
997	920
998		-	– 23 –
999		-	UNDER THIS SUBTITLE , THE COLLECTIVE BARGAININ G AGREEMENT ENTERED INTO
1000		-	SUPERSEDES ANY CONFL ICTING REGULATION OR ADMINISTRATIVE POLIC Y OF THE
1001		-	EMPLOYER.
1002	921
1003		-	(F) A COLLECTIVE BARGAININ G AGREEMENT MAY INCL UDE A PROVISION
1004		-	FOR ARBITRATION OF D ISCIPLINARY ACTIONS .
	922	+	(2) EXCEPT AS PROVIDED IN SUBSECTION (A) OF THIS SECTION , 1
	923	+	DOMINATE, SURVEIL, INTERFERE WITH , ASSIST IN THE FORMATIO N, 2
	924	+	ADMINISTRATION , OR EXISTENCE OF , OR CONTRIBUTE FINANC IAL ASSISTANCE OR 3
	925	+	OTHER SUPPORT TO AN EMPLOYEE ORGANIZATIO N; 4
1005	926
1006		-	23–913.
	927	+	(3) ENCOURAGE OR DISCOURA GE MEMBERSHIP IN AN EMPLOYEE 5
	928	+	ORGANIZATION BY DISC RIMINATING AGAINST A N EMPLOYEE THROUGH H IRING, 6
	929	+	TENURE, PROMOTION , OR OTHER CONDITIONS OF EMPLOYMENT ; 7
1007	930
1008		-	(A) ~~(1)~~ IN ~~THIS SECTION THE FOLLOW ING WORDS HAVE THE M EANINGS~~
1009		-	~~INDICATED.~~
	931	+	(4) REFUSE TO BARGAIN IN GOOD FAITH WITH AN E MPLOYEE 8
	932	+	ORGANIZATION THAT IS THE EXCLUSIVE REPRES ENTATIVE OF THE EMPL OYEES; OR 9
1010	933
1011		-	(2) “LOCKOUT” MEANS THE TEMPORARY WITHHOLDING OF WORK , BY
1012		-	MEANS OF SHUTTING DO WN AN OPERATION OR F UNCTION IN ORDER TO BRING
1013		-	PRESSURE ON EMPLOYEE S OR ON THEIR REPRES ENTATIVES TO ACCEPT A CHANGE
1014		-	IN COMPENSATION OR RI GHTS, PRIVILEGES, OBLIGATIONS, OR OTHER TERMS AND
1015		-	CONDITIONS OF EMPLOY MENT.
	934	+	(5) SPEND PUBLIC MONEY , USE PUBLIC RESOURCES , OR PROVIDE 10
	935	+	ASSISTANCE TO AN INDIVIDUAL OR GROUP FOR A NEGATIVE CAMPAIGN AGAINST 11
	936	+	EFFORTS BY EMPLOYEES OR AN EMPLOYEE ORGAN IZATION TO: 12
1016	937
1017		-	(3) “SECONDARY BOYCOTT ” MEANS AN ACTIVITY BY AN EMPLOYEE
1018		-	ORGANIZATION OR ITS MEMBERS THAT IS INTE NDED TO INDUCE , ENCOURAGE , OR
1019		-	COERCE PERSONS DOING BUSINESS WITH THE EMPLOYER TO WITHHOLD,
1020		-	WITHDRAW, OR IN ANY RESPECT CU RTAIL THEIR BUSINESS RELATIONS WITH THE
1021		-	COUNTY.
	938	+	(I) GAIN OR RETAIN COLLEC TIVE BARGAINING RIGH TS OR TO 13
	939	+	CERTIFY AN EMPLOYEE ORGANIZATION AS AN E XCLUSIVE REPRESENTAT IVE; OR 14
1022	940
1023		-	(4) “STRIKE” MEANS THE REFUSAL OR FAILURE BY AN EMPLOY EE OR
1024		-	GROUP OF EMPLOYEES T O PERFORM THEIR DUTI ES OF EMPLOYMENT AS ASSIGNED
1025		-	IF A PURPOSE OF THE REFUSAL OR FAILU RE IS TO INDUCE, FORCE, OR REQUIRE THE
1026		-	EMPLOYER TO ACT OR R EFRAIN FROM ACTING W ITH REGARD TO ANY MA TTER.
	941	+	(II) CERTIFY AN EMPLOYEE ORGANIZA TION AS AN EXCLUSIVE 15
	942	+	REPRESENTATIVE . 16
1027	943
1028		-	(5) ~~“WORK STOPPAGE ” MEANS~~:
	944	+	(C) AN EMPLOYEE ORGANIZAT ION MAY NOT: 17
1029	945
1030		-	(I) ~~THE WILLFUL ABSENCE O F A GROUP OF EMPLOYE ES FROM~~
1031		-	~~THEIR POSITIONS~~ ;
	946	+	(1) INTERFERE WITH , COERCE, UNDULY INFLUENCE , OR RESTRAIN 18
	947	+	AN EMPLOYEE ’S EXERCISE OF RIGHTS UNDER THIS SUBTITLE ; 19
1032	948
1033		-	(II) THE ENGAGING IN A SLOWDOWN BY EMPLOYEE S; OR
	949	+	(2) CAUSE OR ATTEMPT TO C AUSE THE EMPLOYE R TO DISCRIMINATE 20
	950	+	AGAINST AN EMPLOYEE BECAUSE THE EMPLOYEE EXERCISES A RIGHT UN DER THIS 21
	951	+	SUBTITLE; 22
1034	952
1035		-	(III) THE REFUSAL OF EMPLOY EES TO PERFORM JOB D UTIES.
	953	+	(3) DISCIPLINE OR FINE A MEMBER OF THE EMPLOY EE 23
	954	+	ORGANIZATION AS PUNI SHMENT OR REPRISAL ; 24
1036	955
1037		-	(B) IN GENERAL, STRIKES, WORK STOPPAGES , LOCKOUTS, AND SECONDARY
1038		-	BOYCOTTS ARE PROHIBI TED.
	956	+	(4) DISCIPLINE OR FINE A MEMBER OF THE EMPLOY EE 25
	957	+	ORGANIZATION FOR THE PURPOSE OF IMPED ING THE MEMBER ’S WORK 26
	958	+	PERFORMANCE ; 27
1039	959
1040		-	(C) (1) EMPLOYEES AND EMPLOYE E ORGANIZATIONS MAY NOT ENGAGE
1041		-	IN, SPONSOR, INITIATE, SUPPORT, DIRECT, OR CONDONE A STRIKE , WORK
1042		-	STOPPAGE, OR SECONDARY BOYCOTT . Ch. 132 2024 LAWS OF MARYLAND
	960	+	(5) REFUSE TO BARGAIN IN GOOD FAITH WITH THE EMPLOYER OR TO 28
	961	+	PARTICIPATE IN GOOD FAITH IN A PROCEDURE UNDER THIS SUBTITLE ; OR 29
1043	962
1044		-	– 24 –
	963	+	(6) UNFAIRLY REPRESENT EM PLOYEES IN COLLECTIV E BARGAINING 30
	964	+	OR IN ANY OTHER MATTER IN WHICH THE EMPLOYEE ORGANIZ ATION HAS THE DUTY 31
	965	+	OF FAIR REPRESENTATI ON. 32 22 HOUSE BILL 609
1045	966
1046		-	(2) EMPLOYEE ORGANIZATION S MAY NOT ENGAGE IN , INITIATE,
1047		-	SPONSOR, OR SUPPORT, DIRECTLY OR INDIRECT LY, PICKETING OF THE EMP LOYER,
1048		-	ITS PROPERTY, OR FIELD OR OFFICE F ACILITIES IN FURTHERANCE O F A STRIKE,
1049		-	WORK STOPPAGE , OR SECONDARY BOYCOTT .
1050	967
1051		-	(D) IF AN EMPLOYEE ORGANI ZATION VIOLATES THIS SECTION, THE
1052		-	EMPLOYER MAY :
1053	968
1054		-	(1) REVOKE THE EMPLOYEE O RGANIZATION’S DESIGNATION AS
1055		-	CERTIFIED EXCLUSIVE REPRESENTATIVE ;
	969	+	(D) (1) AN EMPLOYEE WHO IS A MEMBER OF A BARGAINI NG UNIT WITH A 1
	970	+	CERTIFIED EXCLUSIVE REPRESENTATIVE MAY , WITHOUT THE INTERVEN TION OF AN 2
	971	+	EMPLOYEE ORGANIZATIO N, DISCUSS ANY MATTER WITH THE EMPL OYER. 3
1056	972
1057		-	(2) DISQUALIFY T HE EMPLOYEE ORGANIZA TION FROM
1058		-	PARTICIPATING IN REP RESENTATION ELECTION S FOR A PERIOD OF UP TO 2 YEARS;
1059		-	AND
	973	+	(2) THIS SUBSECTION DOES NOT WAIVE THE RIGHT OF THE 4
	974	+	EMPLOYEE ORGANIZATIO N TO BE THE EXCLUSIV E BARGAINING REPRESE NTATIVE 5
	975	+	FOR ISSUES RELATED T O WAGES, HOURS, AND WORKING CONDITIO NS AND IS NOT 6
	976	+	INTENDED TO CREATE A N ALTERNATE PATH TO ALTER TERMS AND C ONDITIONS OF 7
	977	+	THE COLLECTIVE BARGA INING AGREEMENT BETW EEN THE PARTIES . 8
1060	978
1061		-	(3) TERMINATE IMMEDIATELY THE PAYROLL DEDUCTIO NS FOR THE
1062		-	EMPLOYEE ORGANIZATIO N’S DUES.
	979	+	23–912. 9
1063	980
1064		-	(E) AN EMPLOYEE WHO VIOLA TES THIS SECTION IS SUBJECT TO IMMEDIATE
1065		-	DISCIPLINARY ACTION , WHICH MAY INCLUDE PE RMANENT DISMISSAL FR OM THE
1066		-	EMPLOYMENT BY THE EM PLOYER FOR JUST CAUS E.
	981	+	(A) NOTWITHSTANDING ANY O THER PROVISIONS OF L AW, IT IS THE 10
	982	+	EXCLUSIVE RIGHT OF T HE EMPLOYER TO : 11
1067	983
1068		-	~~(F)~~ (1) THE ~~EMPLOYER MAY NOT~~ ~~DIRECT A LOCKOUT AGA INST~~
1069		-	~~EMPLOYEES.~~
	984	+	(1) DETERMINE THE PURPOSE S AND OBJECTIVES OF EACH OF ITS 12
	985	+	CONSTITUENT OFFICES AND DEPARTMENTS ; 13
1070	986
1071		-	(2) THIS SUBSECTION MAY N OT BE CONSTRUED TO P ROHIBIT THE
1072		-	EMPLOYER FROM EXERCISING ITS MANAGERIAL RIGHTS .
	987	+	(2) SET STANDARDS OF SERV ICES TO BE OFFERED T O THE PUBLIC; 14
1073	988
1074		-	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be construed to
1075		-	apply only prospectively and may not be applied or interpreted to have any effect on or
1076		-	application to:
	989	+	(3) EXERCISE CONTROL AND DISCRETION OVER ITS ORGANIZATION 15
	990	+	AND OPERATIONS ; AND 16
1077	991
1078		-	(1) the ~~composition of a collective bargaining unit that is in existence on~~
1079		-	~~the effective date of this Act unless~~ the ~~collective bargaining unit dissolves after the~~
1080		-	~~effective date of this Act;~~
	992	+	(4) DETERMINE THE METHODS , MEANS, PERSONNEL , AND OTHER 17
	993	+	RESOURCES BY WHICH THE EMPLOYER ’S OPERATIONS ARE TO BE CONDUCTED , 18
	994	+	INCLUDING: 19
1081	995
1082		-	(2) a collective bargaining agreement entered into before the effective date
1083		-	of this Act; or
	996	+	(I) THE USE OF VOLUNTEERS ; AND 20
1084	997
1085		-	(3) collective bargaining negotiations that began before the effective date
1086		-	of this Act.
1087		-	WES MOORE, Governor Ch. 132
	998	+	(II) THE CONTRACTING OUT O F WORK IF CONSIDERED 21
	999	+	NECESSARY. 22
1088	1000
1089		-	~~– 25 –~~
1090		-	~~SECTION 4.~~ AND ~~BE IT FURTHER ENACTED,~~ ~~That this Act shall take effect July~~
1091		-	1, ~~2024.~~
	1001	+	(B) SUBJECT TO APPLICABLE PROVISIONS OF A COLL ECTIVE BARGAINING 23
	1002	+	AGREEMENT AND IN ACC ORDANCE WITH THE RESPECTIVE COUNT Y CHARTER AND 24
	1003	+	OTHER APPLICABLE LAW S, THE EMPLOYER MAY : 25
1092	1004
1093		-	Approved by the Governor, April 25, 2024.
	1005	+	(1) DIRECT ITS EMPLOYEES ; 26
	1006	+
	1007	+	(2) HIRE, PROMOTE, TRANSFER, ASSIGN, OR RETAIN EMPLOYEES ; 27
	1008	+
	1009	+	(3) ESTABLISH REASONABLE WORK RULES ; AND 28
	1010	+	HOUSE BILL 609 23
	1011	+
	1012	+
	1013	+	(4) DEMOTE, SUSPEND, DISCHARGE, OR TAKE ANY OTHER 1
	1014	+	DISCIPLINARY ACTION AGAINST ITS EMPLOYEE S FOR JUST CAUSE . 2
	1015	+
	1016	+	(C) THE PROVISIONS OF THI S SECTION SHALL BE D EEMED TO BE PART OF 3
	1017	+	EVERY AGREEMENT EXEC UTED BETWEEN THE EMP LOYER AND A CERTIFIE D 4
	1018	+	EXCLUSIVE REPRESENTA TIVE. 5
	1019	+
	1020	+	(D) THIS SECTION MAY NOT BE CONSTRU ED TO DENY THE RIGHT OF AN 6
	1021	+	EMPLOYEE TO SUBMIT A GRIEVANCE WITH REGAR D TO THE EMPLOYER ’S EXERCISE 7
	1022	+	OF ITS RIGHTS UNDER THIS SECTION. 8
	1023	+
	1024	+	(E) EXCEPT AS OTHERWISE P ROVIDED BY LAW , IF EMPLOYEES HAVE 9
	1025	+	ENTERED INTO A COLLE CTIVE BARGAINING AGR EEMENT WITH THE EMPL OYER 10
	1026	+	UNDER THIS SUBTITLE , THE COLLECTIVE BARGA INING AGREEMENT ENTE RED INTO 11
	1027	+	SUPERSEDES ANY CONFL ICTING REGULATION OR ADMINISTRATIVE POLIC Y OF THE 12
	1028	+	EMPLOYER. 13
	1029	+
	1030	+	(F) A COLLECTIVE BARGAININ G AGREEMENT MAY INCL UDE A PROVISION 14
	1031	+	FOR ARBITRATION OF D ISCIPLINARY ACTIONS . 15
	1032	+
	1033	+	23–913. 16
	1034	+
	1035	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 17
	1036	+	INDICATED. 18
	1037	+
	1038	+	(2) “LOCKOUT” MEANS THE TEMPORARY WITHHOLDING OF WORK , BY 19
	1039	+	MEANS OF SHUTTING DO WN AN OPERATION OR F UNCTION IN ORDER TO BRING 20
	1040	+	PRESSURE ON EMPLOYEE S OR ON THEIR REPRESENTATIVES TO A CCEPT A CHANGE 21
	1041	+	IN COMPENSATION OR R IGHTS, PRIVILEGES, OBLIGATIONS, OR OTHER TERMS AND 22
	1042	+	CONDITIONS OF EMPLOY MENT. 23
	1043	+
	1044	+	(3) “SECONDARY BOYCOTT ” MEANS AN ACTIVITY BY AN EMPLOYEE 24
	1045	+	ORGANIZATION OR ITS MEMBERS THAT IS INTE NDED TO INDUCE , ENCOURAGE , OR 25
	1046	+	COERCE PERSONS DOING BUSINESS WITH THE EM PLOYER TO WITHHOLD , 26
	1047	+	WITHDRAW, OR IN ANY RESPECT CU RTAIL THEIR BUSINESS RELATIONS WITH THE 27
	1048	+	COUNTY. 28
	1049	+
	1050	+	(4) “STRIKE” MEANS THE REFUSAL OR FAILURE BY AN EMPLOY EE OR 29
	1051	+	GROUP OF EMPLOYEES T O PERFORM THEIR DUTI ES OF EMPLOYMENT AS ASSIGNED 30
	1052	+	IF A PURPOSE OF THE REFUSAL OR FAILURE I S TO INDUCE, FORCE, OR REQUIRE THE 31
	1053	+	EMPLOYER TO ACT OR R EFRAIN FROM ACTING W ITH REGARD TO ANY MA TTER. 32
	1054	+
	1055	+	(5) “WORK STOPPAGE ” MEANS: 33
	1056	+	24 HOUSE BILL 609
	1057	+
	1058	+
	1059	+	(I) THE WILLFUL ABSENCE O F A GROUP OF EMPLOYE ES FROM 1
	1060	+	THEIR POSITIONS ; 2
	1061	+
	1062	+	(II) THE ENGAGING IN A SLO WDOWN BY EMPLOYEES ; OR 3
	1063	+
	1064	+	(III) THE REFUSAL OF EMPLOY EES TO PERFORM JOB D UTIES. 4
	1065	+
	1066	+	(B) IN GENERAL, STRIKES, WORK STOPPAGES , LOCKOUTS, AND SECONDARY 5
	1067	+	BOYCOTTS ARE PROHIBI TED. 6
	1068	+
	1069	+	(C) (1) EMPLOYEES AND EMPLOYE E ORGANIZATIONS MAY NOT ENGAGE 7
	1070	+	IN, SPONSOR, INITIATE, SUPPORT, DIRECT, OR CONDONE A STRIKE , WORK 8
	1071	+	STOPPAGE, OR SECONDARY BOYCOTT . 9
	1072	+
	1073	+	(2) EMPLOYEE ORGANIZATION S MAY NOT ENGAGE IN , INITIATE, 10
	1074	+	SPONSOR, OR SUPPORT, DIRECTLY OR INDIRECT LY, PICKETING OF THE EMP LOYER, 11
	1075	+	ITS PROPERTY, OR FIELD OR OFFICE F ACILITIES IN FURTHER ANCE OF A STRIKE , 12
	1076	+	WORK STOPPAGE , OR SECONDARY BOYCOTT . 13
	1077	+
	1078	+	(D) IF AN EMPLOYEE ORGANI ZATION VIOLATES THIS SECTION, THE 14
	1079	+	EMPLOYER MAY : 15
	1080	+
	1081	+	(1) REVOKE THE EMPLOYEE O RGANIZATION’S DESIGNATION AS 16
	1082	+	CERTIFIED EXCLU SIVE REPRESENTATIVE ; 17
	1083	+
	1084	+	(2) DISQUALIFY THE EMPLOY EE ORGANIZATION FROM 18
	1085	+	PARTICIPATING IN REP RESENTATION ELECTION S FOR A PERIOD OF UP TO 2 YEARS; 19
	1086	+	AND 20
	1087	+
	1088	+	(3) TERMINATE IMMEDIATELY THE PAYROLL DEDUCTIO NS FOR THE 21
	1089	+	EMPLOYEE ORGANIZATIO N’S DUES. 22
	1090	+
	1091	+	(E) AN EMPLOYEE WHO VIOLATES THIS SE CTION IS SUBJECT TO IMMEDIATE 23
	1092	+	DISCIPLINARY ACTION , WHICH MAY INCLUDE PE RMANENT DISMISSAL FR OM THE 24
	1093	+	EMPLOYMENT BY THE EM PLOYER FOR JUST CAUS E. 25
	1094	+
	1095	+	(F) (1) THE EMPLOYER MAY NOT DIRECT A LOCKOUT AGA INST 26
	1096	+	EMPLOYEES. 27
	1097	+
	1098	+	(2) THIS SUBSECTION MAY N OT BE CONSTRUED TO P ROHIBIT THE 28
	1099	+	EMPLOYER FROM EXERCI SING ITS MANAGERIAL RIGHTS. 29
	1100	+	HOUSE BILL 609 25
	1101	+
	1102	+
	1103	+	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be construed to 1
	1104	+	apply only prospectively and may not be applied or interpreted to have any effect on or 2
	1105	+	application to: 3
	1106	+
	1107	+	(1) the composition of a collective bargaining unit that is in existence on 4
	1108	+	the effective date of this Act unless the collective bargaining unit dissolves after the 5
	1109	+	effective date of this Act; 6
	1110	+
	1111	+	(2) a collective bargaining agreement entered into before the effective date 7
	1112	+	of this Act; or 8
	1113	+
	1114	+	(3) collective bargaining negotiations that began before the effective date 9
	1115	+	of this Act. 10
	1116	+
	1117	+	SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 11
	1118	+	1, 2024. 12
	1119	+
	1120	+
	1121	+
	1122	+	Approved:
	1123	+	________________________________________________________________________________
	1124	+	Governor.
	1125	+	________________________________________________________________________________
	1126	+	Speaker of the House of Delegates.
	1127	+	________________________________________________________________________________
	1128	+	President of the Senate.