WES MOORE, Governor Ch. 132
– 1 –
Chapter 132
(House Bill 609)
AN ACT concerning
Education – Public Libraries – Collective Bargaining
(Library Workers Empowerment Act)
FOR the purpose of authorizing employees of certain public libraries to form, join, and
participate in an employee organization and engage in certain other activities related
to collective bargaining; requiring certain employers and certified exclusive
representatives to engage in good faith bargaining; establishing a collective
bargaining process for employees of certain public libraries; establishing a process
for resolving impasses during collective bargaining; prohibiting employers and
employee organizations from engaging in certain actions regarding the exercise of an
employee’s rights under this Act; prohibiting employers, employees, and employee
organizations from engaging in certain actions related to strikes, work stoppages,
boycotts, and lockouts; repealing certain provisions of law rendered obsolete by
certain provisions of this Act; and generally relating to collective bargaining for
employees of public libraries.
BY repealing
Article – Education
Section 23–601 through 23–614 and the subtitle “Subtitle 6. Howard County Library
System – Collective Bargaining”
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
BY adding to
Article – Education
Section 23–901 through 23–913 to be under the new subtitle “Subtitle 9. Public
Libraries – Collective Bargaining”
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That Section(s) 23–601 through 23–614 and the subtitle “Subtitle 6. Howard County
Library System – Collective Bargaining” of Article – Education of the Annotated Code of
Maryland be repealed.
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Education
SUBTITLE 9. PUBLIC LIBRARIES – COLLECTIVE BARGAINING. Ch. 132 2024 LAWS OF MARYLAND
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23–901.
(A) IN THIS SUBTITLE THE FOLLOWI NG WORDS HAVE THE ME ANINGS
INDICATED.
(B) (1) “CERTIFIED EXCLUSIVE R EPRESENTATIVE ” MEANS THE
EMPLOYEE ORGANIZATIO N THAT HAS BEEN CERT IFIED AS THE COLLECT IVE
BARGAINING AGENT FOR A BARGAINING UNIT .
(2) “CERTIFIED EXCLUSIVE REPRESENTATIVE ” INCLUDES AN
EMPLOYEE ORGANIZATIO N CERTIFIED TO EXCLU SIVELY REPRESENT PUB LIC
LIBRARY EMPLOYEES BE FORE JULY 1, 2024.
(C) “CONFIDENTIAL EMPLOYEE ” MEANS AN EMPLOYEE WH O:
(1) IS REQUIRED TO DEVELO P OR PRESENT MANAGEM ENT POSITIONS
WITH RESPE CT TO EMPLOYER –EMPLOYEE RELATIONS ; AND
(2) WHOSE DUTIES NORMALLY REQUIRE ACCESS TO CO NFIDENTIAL
INFORMATION THAT CON TRIBUTES SIGNIFICANT LY TO THE DEVELOPMEN T OF THE
MANAGEMENT POSITIONS WITH RESPECT TO EMPL OYER–EMPLOYEE RELATIONS .
(D) “DIRECTOR” MEANS THE DIRECTOR , CHIEF EXECUTIVE OFFI CER, OR
CHIEF OFFICER OF THE APPLICABLE PUBLIC LI BRARY SYSTEM , OR THE DESIGNEE
OF THE DIRECTOR , CHIEF EXECUTIVE OFFI CER, OR CHIEF OFFICER .
(E) (1) “EMPLOYEE” MEANS A FULL–TIME OR PART–TIME EMPLOYEE OF
A PUBLIC LIBRARY S YSTEM.
(2) “EMPLOYEE” DOES NOT INCLUDE A C ONFIDENTIAL EMPLOYEE ,
MANAGEMENT EMPLOYEE , OR SUPERVISORY EMPLO YEE.
(F) “EMPLOYEE ORGANIZATION ” MEANS AN ORGANIZATIO N THAT ADMITS
EMPLOYEES OF THE EMP LOYER AS MEMBERS AND HAS AS A PRIMARY PUR POSE THE
REPRESENTATION OF TH E EMPLOYEES IN THEIR RELATIONS WITH THE E MPLOYER.
(G) “EMPLOYER” MEANS A PUBLIC LIBRA RY SYSTEM AND , WHERE
APPLICABLE, THE BOARD OF TRUSTEE S FOR THE PUBLIC LIB RARY SYSTEM.
(H) “GOVERNING FUNDING BODY” MEANS:
(1) (I) FOR A CHARTER COUNTY THAT DOES NOT HAVE AN
ELECTED CHIEF EXECUT IVE OFFICER, THE COUNTY COUNCIL ; OR WES MOORE, Governor Ch. 132
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(II) FOR A CHARTER COUNTY THAT HAS AN ELECTED CHIEF
EXECUTIVE OFFICER , THE COUNTY COUNCIL O R THE COUNTY COUNCIL AND THE
COUNTY EXECUTIVE THE GOVERNING BODY O F THE COUNTY, AS PROVIDED BY THE
COUNTY CHARTER ; OR
(2) (III) FOR A CODE OR COMMISS ION COUNTY , THE COUNTY
COMMISSIONERS ; OR
(3) (2) FOR BALTIMORE CITY, THE MAYOR AND CITY COUNCIL OF
BALTIMORE CITY.
(I) “MANAGEMENT EMPLOYEE ” MEANS AN EMPLOYEE WH O GENERALLY
HAS AUTHORITY AND WH O:
(1) FORMULATES POLICY THA T IS APPLICABLE THRO UGHOUT A
BARGAINING UNIT ;
(2) HAS A SIGNIFICANT ROL E IN PERSONNEL ADMIN ISTRATION,
EMPLOYEE RELATIONS , OR THE PREPARATION A ND ADMINISTRATION OF BUDGETS
FOR THE EMPLOYER ; OR
(3) MAY REASONABLY BE REQ UIRED TO:
(I) ASSIST DIRECTLY IN TH E PREPARATION FOR AN D CONDUCT
OF COLLECTIVE B ARGAINING NEGOTIATIO NS ON BEHALF OF THE EMPLOYER; OR
(II) HAVE A MAJOR ROLE IN THE ADMINISTRATION O F
RESULTING COLLECTIVE BARGAINING AGREEMENT S.
(J) (1) “PUBLIC LIBRARY SYSTEM ” MEANS A COUNTY PUBLI C LIBRARY
SYSTEM.
(2) “PUBLIC LIBRARY SYSTEM ” INCLUDES THE ENOCH PRATT FREE
LIBRARY.
(3) “PUBLIC LIBRARY SYSTEM ” DOES NOT INCLUDE THE PUBLIC
LIBRARY SYSTEM OF BALTIMORE COUNTY, MONTGOMERY COUNTY, OR PRINCE
GEORGE’S COUNTY.
(K) “SUPERVISORY EMPLOYEE ” MEANS AN EMPLOYEE WH O IS AUTHORIZED
TO:
Ch. 132 2024 LAWS OF MARYLAND
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(1) HIRE, TRANSFER, SUSPEND, LAY OFF, RECALL, PROMOTE,
DISCHARGE, ASSIGN, REWARD, OR DISCIPLINE EMPLOY EES;
(2) RESPONSIBLY DIRECT EM PLOYEES FOR MORE THA N 50% OF THE
EMPLOYEE’S WORKING HOURS ; OR
(3) ADDRESS AND RESOLVE T HE GRIEVANCES OF EMP LOYEES.
23–902.
(A) THERE MAY BE NOT MORE THAN TWO BARGAINING UNITS AT EACH
PUBLIC LIBRARY SYSTE M INCLUDING:
(1) ONE BARGAINING UNIT F OR EMPLOYEES ; AND
(2) ONE BARGAINING UNIT F OR SUPERVISORY EMPLO YEES.
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A
BARGAINING UNIT MAY CONTAIN FULL–TIME OR PART–TIME EMPLOYEES .
(2) A BARGAINING UNIT MAY NOT INCLUDE VOLUNTEE RS OR
TEMPORARY EMPLOYEES WITH LESS THAN 90 DAYS OF SERVICE IN A 12–MONTH
PERIOD.
(C) (1) THIS SUBTITLE MAY NOT BE CONSTRUED TO MODI FY OR
TERMINATE A BARGAINI NG UNIT THAT WAS REC OGNIZED OR IN EXISTE NCE ON OR
BEFORE JUNE 30, 2024.
(2) (I) IF AN EMPLOYEE ORGANI ZATION HAS BEEN CERT IFIED
UNDER STATE OR LOCAL LAW ON OR BEFORE JUNE 30, 2024, TO BE AN EXCLUSIVE
REPRESENTATIVE OF EM PLOYEES OF A PUBLIC LIBRARY SYSTEM , THE EMPLOYER
SHALL ACCRETE ALL EL IGIBLE POSITIONS INT O THE EXISTING BARGA INING UNIT IN
ACCORDANCE WITH THIS SECTION ON REQUEST O F THE EXCLUSIVE
REPRESENTATIVE .
(II) AN ACCRETI ON UNDER THIS SUBSEC TION SHALL BE
SUBJECT TO A SHOWING OF INTEREST AND ELEC TION BY EMPLOYEES IN THE
ACCRETED POSITIONS I N ACCORDANCE WITH TH E PROCEDURES UNDER § 23–907 OF
THIS TITLE.
23–903.
WES MOORE, Governor Ch. 132
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(A) AN EMPLOYEE WHO MAY E FFECTIVELY RECOMMEND AN ACTION LISTE D
IN § 23–901(I) OF THIS SUBTITLE MAY BE DEEMED A MANAGEME NT EMPLOYEE IF
THE EMPLOYEE ’S EXERCISE OF THE AU THORITY REQUIRES THE EXERCISE OF
INDEPENDENT JUDGMENT AND IS NOT MERELY OF A ROUTINE OR CLERICA L
NATURE.
(B) THE EXERCISE OF ANY S INGLE FUNCTION LIS TED IN § 23–901(I) OF THIS
SUBTITLE MAY NOT NEC ESSARILY REQUIRE THE CONCLUSION THAT THE
INDIVIDUAL EXERCISIN G THAT FUNCTION IS I N FACT A MANAGEMENT EMPLOYEE
WITHIN THE MEANING O F THE DEFINITION .
(C) IN DIFFERENTIATING A MANAGEMENT EMPLOYEE FROM A
NONMANA GEMENT EMPLOYEE :
(1) A CLASS TITLE ALONE MA Y NOT BE THE BASIS F OR
DETERMINATION ; AND
(2) THE NATURE OF THE MAN AGEMENT EMPLOYEE ’S WORK,
INCLUDING WHETHER A SIGNIFICANT PORTION OF THE MANAGEMENT EM PLOYEE’S
WORKING TIME IS SPEN T AS PART OF A TEAM THAT INCLUDES NONMANAGEME NT
EMPLOYEES, SHALL BE CONSIDERED .
23–904.
EMPLOYEES OF THE EMPL OYER MAY:
(1) FORM, JOIN, AND PARTICIPATE IN A N EMPLOYEE ORGANIZAT ION;
(2) BARGAIN COLLECTIVELY THROUGH A CERTIFIED EXCLUSIVE
REPRESENTATIVE OF TH EIR CHOICE;
(3) ENGAGE IN LAWFUL CONC ERTED ACTIVITIES FOR THEIR MUTUAL
AID AND PROTECTION ; AND
(4) REFRAIN FROM ANY ACTI VITY COVERED UNDER I TEMS (1)
THROUGH (3) OF THIS SECTION.
23–905.
(A) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE
HAVE A RESPONSIBILITY TO EN GAGE IN GOOD FAITH B ARGAINING OVER MATTE RS
REQUIRED BY LAW .
Ch. 132 2024 LAWS OF MARYLAND
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(B) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE
JOINTLY SHALL BE RES PONSIBLE FOR FOSTERI NG A POSITIVE LABOR RELATIONS
ENVIRONMENT BASED ON MUTUAL TRUST , RESPECT, COMMUNICATION , AND
COOPERATION .
(C) THE GOAL OF COLLECTIV E BARGAINING IS THE DELIVERY OF QUALITY
PUBLIC SERVICES TO T HE RESIDENTS OF THE STATE IN A MANNER THA T IS
CONSISTENT AND COMPL IANT WITH LAW.
23–906.
(A) THE EMPLOYER SHALL RE COGNIZE THE RIGHT OF THE CERTIFIED
EXCLUSIVE REPRESENTA TIVE TO REPRESENT TH E EMPLOYEES IN THE U NIT IN
COLLECTIVE BARGAININ G AND IN THE GRIEVAN CE PROCESS.
(B) THE CERTIFIED EXCLUSI VE REPRESENTATIVE OF A UNIT SHALL:
(1) SERVE AS THE SOLE AGE NT FOR THE UNIT IN C OLLECTIVE
BARGAINING; AND
(2) REPRESENT ALL EMPLOYE ES IN THE UNIT FAIRL Y AND IN GOOD
FAITH, IN A MANNER THAT IS NOT ARBITRARY OR DIS CRIMINATORY .
23–907.
(A) (1) AN EMPLOYEE ORGANIZAT ION SEEKING CERTIFIC ATION AS THE
EXCLUSIVE REPRESENTA TIVE FOR THE BARGAIN ING UNIT OF EMPLOYEES MAY FILE
A PETITION WITH THE EMPLOYER INDICATING THIS INTENT.
(2) THE PETITION SHALL CO NTAIN:
(I) A REQUEST THAT THE EMP LOYER RECOGNIZE THE
EMPLOYEE ORGANIZATIO N AS THE EXCLUSIVE R EPRESENTATIVE OF THE
EMPLOYEES IN THE BAR GAINING UNIT;
(II) A STATEMENT THAT THE E MPLOYEE ORGANIZATION IS ONE
IN WHICH EMPLOYEES P ARTICIPATE AND THAT HAS AS ONE OF ITS PU RPOSES THE
REPRESENTATION OF PU BLIC EMPLOYEES IN MA TTERS OF WAGES , HOURS, AND
OTHER TERMS AND COND ITIONS OF EMPLOYMENT ;
(III) A STATEMENT THAT THE EMP LOYEE ORGANIZATION H AS NO
TERMS OR CONDITIONS OF MEMBERSHIP THAT D ISCRIMINATE WITH REG ARD TO WES MOORE, Governor Ch. 132
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RACE, COLOR, CREED, GENDER, AGE, POLITICAL AFFILIATIO N, NATIONAL ORIGIN ,
RELIGION, MARITAL STATUS , OR DISABILITY; AND
(IV) A STATEMENT THAT THE EMPLOYEE ORGANIZ ATION HAS IN
ITS POSSESSION WRITT EN PROOF DATED NOT M ORE THAN 18 MONTHS BEFORE THE
DAY ON WHICH THE PET ITION IS FILED ESTAB LISHING THAT AT LEAS T 30% OF THE
EMPLOYEES IN THE BAR GAINING UNIT:
1. HAVE DESIGNATED THE E MPLOYEE ORGANIZATION
TO REPRESENT THEM IN THEIR EMPLOYMENT REL ATIONS WITH THE EMPL OYER; OR
2. ARE MEMBERS OF THE EM PLOYEE ORGANIZATION .
(3) BEFORE A PETITION MAY BE PROCESSED , THE PROOF OF
INTEREST SUBMITTED S HALL BE VERIFIED AS PROVIDED IN THIS SEC TION.
(4) THE EMPLOYEE ORGANIZA TION AND THE EMPLOYE R SHALL
EQUALLY BEAR ANY COS TS ASSOCIATED WITH T HE VERIFICATION .
(B) (1) (I) WHEN AN EMPLOYEE ORGA NIZATION OR EMPLOYEE S IN A
BARGAINING UNIT FILE A PETITION WITH THE EMPLOYER, THE EMPLOYEE
ORGANIZATION OR EMPLOYEES SHALL SELE CT A NEUTRAL DECISIO N MAKER FROM
A REFERRAL OR LIST O F ARBITRATORS PROVID ED BY THE FEDERAL MEDIATION
AND CONCILIATION SERVICE.
(II) THE EMPLOYEE ORGANIZA TION OR EMPLOYEES IN THE
BARGAINING UNIT SHAL L SUBMIT TO THE NEUT RAL DECISION M AKER SELECTED
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH TH E AUTHORIZATION CARD S
SIGNED AND DATED BY AT LEAST 30% OF THE EMPLOYEES IN THE BARGAINING UNIT
NOT MORE THAN 18 MONTHS BEFORE THE DA Y THE PETITION WAS F ILED
INDICATING, AS APPROPRIATE , THAT THE EMPLO YEES HAVE DESIGNATED THE
EMPLOYEE ORGANIZATIO N TO REPRESENT THEM IN THEIR EMPLOYMENT
RELATIONS WITH THE P UBLIC LIBRARY SYSTEM ADMINISTRATION .
(2) THE EMPLOYEE ORGANIZA TION SHALL COPY THE EMPLOYER ON
THE REQUEST FOR A NE UTRAL DECISION MAKER IN ORDER FOR THE PUBLIC
LIBRARY SYSTEM TO RE CEIVE NOTICE OF THE SELECTION OF THE NEU TRAL
DECISION MAKER FOR T HE CERTIFICATION PRO CESS.
(C) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH ,
WITHIN 2 CALENDAR DAYS AFTER THE DAY ON WHICH THE EMPLOYER RECEIVES
THE PETITION, THE EMPLOYER SHALL SUBMIT TO THE EMPLOYEE ORGANIZATIO N
AND NEUTRAL DECISION MAKER:
Ch. 132 2024 LAWS OF MARYLAND
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1. A LIST OF EMPLOYEES IN THE BARGAINING UNIT
THAT IDENTIFIES EACH EMPLOYEE THAT THE EM PLOYER CONTENDS SHOU LD BE
EXCLUDED AS AN ELIGI BLE VOTER OR FROM TH E BARGAINING UNIT; AND
2. A STATEMENT EXPLAINING THE REASON FOR EACH
EXCLUSION.
(II) IF A NEUTRAL DECISION MAKER HAS NOT BEEN S ELECTED
WHEN THE EMPLOYER IS REQUIRED TO SUBMIT T HE LIST REQUIRED UND ER
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE EMPLOYER SHAL L INSTEAD SUBMIT
THE LIST WITHIN 1 CALENDAR DAY AFTER T HE NEUTRAL DECISION MAKER HAS
BEEN SELECTED .
(III) IF THE EMPLOYER FAILS TO PROVIDE AN EXPLAN ATION AS
REQUIRED UNDER ITEM (I)2 OF THIS PARAGRAPH , THE EMPLOYER MAY NOT
CHALLENGE THE ELIGIB ILITY OF AN EMPLOYEE ’S VOTE IN AN ELECTIO N OR THE
ELIGIBILITY TO SUBMI T A SHOWING OF INTER EST FORM FOR PURPOSE S OF
SUBSECTION (D)(3) OF THIS SECTION.
(2) IF THE EMPLOYER FAILS TO SUBMIT THE LIST OF EMPLOYEES TO
THE EMPLOYEE ORGANIZ ATION OR NEUTRAL DEC ISION MAKE R WITHIN THE
REQUIRED TIME , IT SHALL BE CONCLUSI VELY DEEMED THAT AT LEAST 30% OF THE
EMPLOYEES IN THE BAR GAINING UNIT HAVE IN DICATED A DESIRE TO BE
REPRESENTED BY THE E MPLOYEE ORGANIZATION .
(D) (1) THE NEUTRAL DECISION MAKER SHALL CHECK TH E WRITTEN
AUTHORIZATION CARDS SUBMITTED BY THE EMP LOYEE ORGANIZATION O R THE
EMPLOYEES AGAINST TH E LIST OF EMPLOYEES SUBMITTED BY THE EMP LOYER.
(2) IF THE NEUTRAL DECISI ON MAKER DETERMINES THAT AT LEAST
30% OF THE EMPLOYEES ON THE LIST HAVE INDICA TED A DESIRE TO B E
REPRESENTED BY THE E MPLOYEE ORGANIZATION OR TO DECERTIFY AN E XCLUSIVE
REPRESENTATIVE , THE NEUTRAL DECISION MAKER SHALL NOTIFY T HE EMPLOYER
OF THE DETERMINATION .
(3) IF THE EMPLOYEE ORGAN IZATION SUBMITS A SH OWING OF
INTEREST OF AT LEAST 50% OF THE EMPL OYEES IN AN UNREPRES ENTED
BARGAINING UNIT :
(I) THE NEUTRAL DECISION MAKER SHALL ISSUE TO EACH
PARTICIPANT IN AN EL ECTION A CERTIFICATI ON OF REPRESENTATION ; AND
WES MOORE, Governor Ch. 132
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(II) THE EMPLOYER SHALL RECOGNIZE THE EMPLOYEE
ORGANIZATION AS THE CERTIFIED BARGAINING REPRESENTATIVE OF TH E
EMPLOYEES AT ISSUE .
(E) AN ELECTION MAY NOT B E CONDUCTED IN A BAR GAINING UNIT UNLESS
AT LEAST 1 YEAR HAS PASSED SINC E THE LAST ELECTION HELD IN THE BARGAINI NG
UNIT.
(F) (1) THE EMPLOYER SHALL NOTIFY ALL EMP LOYEES WITHIN THE
PROPOSED BARGAINING UNIT T HAT AN ELECTION WILL BE HELD AND REQUEST A
NEUTRAL DECISION MAK ER FROM THE FEDERAL MEDIATION AND CONCILIATION
SERVICE TO OVERSEE AN D CONDUCT AN ELECTIO N BY SECRET BALLOT .
(2) THE BALLOT FOR AN ELE CTION SHALL INCLUDE THE FOLLOWING
CHOICES:
(I) IN ACCORDANCE WITH TH E ISSUES PRESENTED B Y THE
PETITION OR PETITION S, EXCLUSIVE REPRESENTA TION BY ANY EMPLOYEE
ORGANIZATION SEEKING TO OBTAIN OR CONTINU E REPRESENTATION RIG HTS; AND
(II) NO EXCLUSIVE REPRESEN TATION.
(G) AN EMPLOYEE ORGAN IZATION MAY INTERVEN E IN THE ELECTION AN D
HAVE ITS NAME PLACED ON THE BALLOT IF :
(1) THE EMPLOYEE ORGANIZA TION FILES A PETITIO N NOT MORE
THAN 15 CALENDAR DAYS AFTER THE DATE ON WHICH TH E ORIGINAL PETITION IS
FILED;
(2) THE EMPLOYEE ORGANIZA TION CERTIFIES THAT AT LEAST 30%
OF THE EMPLOYEES OF THE UNIT:
(I) HAVE DESIGNATED THE E MPLOYEE ORGANIZATION TO
REPRESENT THEM IN TH EIR EMPLOYMENT RELAT IONS WITH THE PUBLIC LIBRARY
SYSTEM ADMINISTRATIO N; OR
(II) ARE MEMBERS OF THE EM PLOYEE ORGANIZATION ; AND
(3) THE SHOWING OF INTERE ST IS VERIFIED AS PR OVIDED IN THIS
SECTION.
(H) (1) WITHIN 15 DAYS AFTER A NEUTRAL DECISION MAKER IS
SELECTED, THE NEUTRAL DECISION MAKER SHALL HOLD A C ONFERENCE WITH THE Ch. 132 2024 LAWS OF MARYLAND
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PARTIES DURING WHICH ALL OBJECTIONS TO TH E PETITION AND THE CONDUCT OF
THE ELECTION MUST BE RAISED.
(2) (I) THE ELECTION SHALL BE CONDUCTED :
1. ACCORDING TO THE PROC EDURES ESTABLISHED B Y
THE NEUTRAL DECISION MAKER FROM THE FEDERAL MEDIATION AND
CONCILIATION SERVICE CONDUCTING TH E ELECTION;
2. SUBJECT TO SUBPARAGRA PH (II) OF THIS
PARAGRAPH , IN CONSULTATION WITH THE PARTIES THAT ATT ENDED THE
CONFERENCE REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION ; AND
3. WITHIN 90 DAYS AFTER THE DAY O F FILING THE
PETITION WITH THE EM PLOYER.
(II) 1. AN EMPLOYEE ORGANIZATIO N ON A BALLOT MAY
REQUEST A PREFERRED METHOD OF VOTING .
2. THE NEUTRAL DECISION MAKER SHALL DESIGNAT E
THE METHOD OF VOTING BASED ON THE REQUEST OF THE EMPLOYEE
ORGANIZATIONS ON THE BALLOT.
3. IF THERE IS A DISPUTE BETWEEN TWO OR MORE
EMPLOYEE ORGANIZATIO NS ON THE BALLOT OVE R THE METHOD OF VOTI NG, THE
NEUTRAL DECISION MAK ER MAY DESIGNATE THE METHOD OF VOTING .
(3) AN EMPLOYEE ORGANIZAT ION SHALL BE CERTIFI ED AS
EXCLUSIVE REPRESENTA TIVE FOLLOWING AN EL ECTION IF THE EMPLOY EE
ORGANIZATION HAS RECEI VED THE VOTE OF A MA JORITY OF THE VALID VOTES CAST
IN THE BARGAINING UN IT IN WHICH THE ELEC TION IS HELD.
(4) (I) IF AN ELECTION INCLUD ES THREE OR MORE CHO ICES AND
NO CHOICE RECEIVES A MAJORITY OF THE VALI D VOTES CAST , THE NEUTRAL
DECISION MAKER SHALL CO NDUCT A RUNOFF ELECT ION BETWEEN THE TWO
CHOICES THAT RECEIVE D THE LARGEST NUMBER OF VALID VOTES CAST .
(II) THE CHOICE RECEIVING THE MAJORITY OF THE VALID
VOTES CAST IN THE RU NOFF ELECTION SHALL BE CERTIFIED.
(5) THE NEUTRAL DECIS ION MAKER CONDUCTING THE ELECTION
SHALL ISSUE TO ALL T HE PARTICIPANTS IN A N ELECTION A CERTIFI CATION OF WES MOORE, Governor Ch. 132
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REPRESENTATION , IF AN EMPLOYEE ORGAN IZATION IS CERTIFIED , OR THE RESULTS
OF THE ELECTION , IF NO REPRESENTATIVE IS CHOSEN.
(I) (1) IF THE EMPLOYER DISAGREES WITH THE PETIT IONING EMPLOYEE
ORGANIZATION OR THE PETITIONING EMPLOYEE S AS TO THE INCLUSIO N OR
EXCLUSION OF SPECIFI C EMPLOYEES AND CLAS SIFICATIONS OF EMPLO YEES IN THE
BARGAINING UNIT , ALL THE EMPLOYEES IN THE PETITIONED –FOR GROUP SHALL
HAVE THE OPPOR TUNITY TO VOTE IN TH E ELECTION.
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE BALLOTS
OF CHALLENGED EMPLOY EES SHALL REMAIN SEA LED AND BE SET ASIDE UNTIL THE
BALLOTS OF EMPLOYEES WHO ARE NOT IN DISPU TE HAVE BEEN TALLIED .
(3) (I) IF THE TOTAL NUMBER O F BALLOTS OF CHALLEN GED
EMPLOYEES DOES NOT H AVE AN IMPACT ON THE ELECTION RESULT :
1. THE PARTIES MAY NOT C OUNT THE BALLOTS OF
CHALLENGED EMPLOYEES ; AND
2. THE NEUTRAL DECISION MAKER SHALL RESOLVE THE
DISPUTE OVER THE CHALLENGED EMPLOYEES AFTER THE ELECTION I S CERTIFIED
THROUGH A HEARING .
(II) IF THE TOTAL NUMBER O F BALLOTS OF CHALLEN GED
EMPLOYEES DOES HAVE AN IMPACT ON THE ELE CTION RESULT, THE PARTIES SHALL
IMMEDIATELY REFER TH E DISPUTE TO THE NEU TRAL DECISION MAKE R FROM THE
FEDERAL MEDIATION AND CONCILIATION SERVICE TO RESOLVE TH E DISPUTE
THROUGH A HEARING .
(4) (I) THE NEUTRAL DECISION MAKER SHALL HOLD A H EARING
ON THE DISPUTE REFER RED UNDER PARAGRAPH (3)(II) OF THIS SUBSECTION :
1. WITH THE PARTIES PRES ENTING EVIDENCE ON THEIR
POSITIONS; AND
2. WITHIN 30 DAYS AFTER THE ELECT ION HAS
CONCLUDED .
(II) IF THE NEUTRAL DECISI ON MAKER FINDS THAT
CHALLENGED EMPLOYEES ARE PROPERLY INCLUDE D WITHIN THE BARGAIN ING
UNIT, THE BALLOTS OF THE C HALLENGED EMPLOYEES SHALL BE COUNTED IN TH E
TOTAL TALLY FOR THE ELECTION.
Ch. 132 2024 LAWS OF MARYLAND
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(III) 1. THE NEUTRAL DECISION MAKER SHALL ISSUE A
DECISION WITHIN 30 DAYS AFTER THE HEARI NG CONCLUDES .
2. THE NEUTRAL DECISION MAKER’S FINDINGS SHALL
BE FINAL AND BINDING ON THE PARTIES .
(J) (1) IF EMPLOYEES ARE REPR ESENTED BY AN EMPLOY EE
ORGANIZATION , EMPLOYEES MAY FILE A PETITION WITH THE EM PLOYER THAT
CONTAINS THE FOLLOWI NG:
(I) AN ASSERTION THAT THE MAJORITY OF THE EMPL OYEES NO
LONGER WISH TO BE RE PRESENTED BY THE EMP LOYEE ORGANIZATION ;
(II) A STATEMENT THAT THE E MPLOYEES HAVE IN THE IR
POSSESSION SUBSTANTI VE DOCUMENTARY PROOF , DATED NOT MORE THAN 6
MONTHS BEFORE THE DA Y ON WHICH THE PETIT ION IS FILED, THAT AT LEAST 30%
OF THE EMPLOYEES WIT HIN THE BARGAINING U NIT APPROVE OF THE
DECERTIFICATION OF THE EM PLOYEE ORGANIZATION ; AND
(III) A STATEMENT EXPLAINING THAT THE EMPLOYEES A RE
SEEKING DECERTIFICAT ION OF THE EMPLOYEE ORGANIZATION AS THE EXCLUSIVE
REPRESENTATIVE FOR T HE BARGAINING UNIT .
(2) (I) THE PETITION SHALL BE PROCESSED AS DESCRIBED IN
THIS SECTION , INCLUDING VERIFICATI ON OF PROOF OF INTER EST AND AN
ELECTION.
(II) AN EMPLOYEE ORGANIZAT ION SHALL BE DECERTI FIED AS
EXCLUSIVE REPRESENTA TIVE FOLLOWING AN EL ECTION IF THE MAJORI TY OF THE
VALID VOTES CAST IN THE UNIT IN WHICH THE ELECTION IS HELD ARE FOR NO
REPRESENTATION .
23–908.
(A) IF AN EMPLOYEE ORGANI ZATION IS CERTIFIED AS DESCRIBED IN THIS
SUBTITLE, THE EMPLOYER AND THE EMPLOYEE ORGANIZATIO N SHALL ENTER INTO
A COLLECTIVE BARGAIN ING AGREEMENT THAT C ONTAINS PROVISIONS R EGARDING:
(1) WAGES, HOURS, AND TERMS AND CONDIT IONS OF EMPLOYMENT ;
(2) THE ORDERLY PROCESSIN G AND SETTLEMENT OF GRIEVANCES
REGARDING THE INTERP RETATION AND IMPLEME NTATION OF THE COLLE CTIVE
BARGAINING AGREEMENT THAT CULMINATE IN FI NAL AND BINDING ARBI TRATION, WES MOORE, Governor Ch. 132
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INCLUDING APPEALS OF DISCIPLINARY AND OTH ER ADVERSE PERSONNEL ACTIONS
SUBJECT TO JUDICIAL REVIEW UNDER THE MARYLAND UNIFORM ARBITRATION
ACT; AND
(3) OTHER TOPICS THAT THE PARTIES MAY MUTUALLY AGREE TO
THAT WERE SUITABLE F OR BARGAINING .
(B) (1) THE EMPLOYER AUTOMATI CALLY SHALL DEDUCT F ROM THE
PAYCHECK OF AN EMPLO YEE WHO IS A MEMBER OF THE BARGAINING UN IT
REPRESENTED BY THE C ERTIFIED EXCLUSIVE R EPRESENTATIVE DUES A UTHORIZED
AND OWED BY THE EMPL OYEE TO THE CERTIFIE D EXCLUSIVE REPRESEN TATIVE IF
THE EMPLOYEE SUBMITS T O THE EMPLOYER A DUE S DEDUCTION AUTHORIZ ATION
THAT HAS BEEN DULY E XECUTED BY THE EMPLO YEE.
(2) ANY DUES DEDUCTED FRO M PAYCHECKS UNDER PA RAGRAPH (1)
OF THIS SUBSECTION S HALL BE REMITTED TO THE CERTIFIED EXCLUS IVE
REPRESENTATIVE .
(3) THE EMPLOYER AUTOMATI CALLY SHALL STOP MAK ING PAYROLL
DEDUCTIONS UNDER PAR AGRAPH (1) OF THIS SUBSECTION O N BEHALF OF A
CERTIFIED EXCLUSIVE REPRESENTATIVE IF :
(I) THE CERTIFIED EXCLUSI VE REPRESENTATIVE IS
DECERTIFIED;
(II) THE CERTIFIED EXCLUSI VE REPRESENTATIVE ’S RIGHT TO
DUES IS REVOKED UNDE R § 23–913(D)(3) OF THIS SUBTITLE;
(III) THE EMPLOYEE CEASES T O BE A MEMBER OF THE
BARGAINING UNIT REPR ESENTED BY THE CERTI FIED EXCLUSIVE REPRE SENTATIVE;
OR
(IV) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECT ION, THE
EMPLOYEE REVOKES THE AUTHORIZATION FOR PA YMENTS TO THE EXCLUS IVE
REPRESENTATIVE IN AC CORDANCE WITH THE PR OCEDURES PROVIDED IN A DUES
DEDUCTION AUTHORIZAT ION.
(4) THE PROCEDURES PROVID ED IN A DUES DEDUCTI ON
AUTHORIZATION UTILIZ ED UNDER THIS SUBSECTION SHALL ALL OW FOR A
REVOCATION OF THE AU THORIZATION FOR PAYM ENTS TO THE EXCLUSIV E
REPRESENTATIVE AT LE AST ANNUALLY .
(C) THIS SECTION MAY NOT BE CONSTRUED TO :
Ch. 132 2024 LAWS OF MARYLAND
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(1) AUTHORIZE OR OTHERWIS E ALLOW AN EMPLOYEE TO ENGAGE IN
A STRIKE OR WORK STO PPAGE, AS THOSE TERMS ARE D EFINED IN § 23–913 OF THIS
SUBTITLE; OR
(2) RESTRICT THE AUTHORIT Y OF THE GOVERNING FUNDING BODY
OF THE APPLICABLE CO UNTY TO DETERMINE THE BUD GET OF THE EMPLOYER .
(D) (1) A COLLECTIVE BARGAININ G AGREEMENT ENTERED INTO UNDER
SUBSECTION (A) OF THIS SECTION SHAL L BE EFFECTIVE ON RA TIFICATION BY THE
MAJORITY OF VOTES CA ST BY THE EMPLOYEES IN THE BARGAINING UN IT AND
APPROVAL BY THE DIRE CTOR AND THE EMPLOYE R.
(2) A SINGLE–YEAR OR MULTIYEAR CO LLECTIVE BARGAINING
AGREEMENT SHALL E XPIRE AT THE CLOSE O F THE COUNTY’S FISCAL YEAR.
23–909.
(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL REACH
AN AGREEMENT BY FEBRUARY 1 OF THE YEAR IN WHICH A COLLECTIVE BARG AINING
AGREEMENT WILL EXPIR E.
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE
EMPLOYER AND THE CER TIFIED EXCLUSIVE REP RESENTATIVE MUTUALLY MAY
AGREE TO EXTEND NEGO TIATIONS FOR A PERIO D NOT TO EXTEND PAST JUNE 30 OF
THE YEAR IN WHICH A COLLECTIVE BA RGAINING AGREEMENT W ILL EXPIRE.
(3) ANY EXTENSION MUST AC KNOWLEDGE ANY RELEVA NT COUNTY
BUDGETARY DEADLINES IN WRITING TO ENSURE THAT PARTIES MEET CR UCIAL
FUNDING DEADLINES .
(B) AN IMPASSE IS REACHED DURING THE NEGOTIATI ONS BETWEEN THE
EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE IF TH E EMPLOYER
AND THE CERTIFIED EX CLUSIVE REPRESENTATI VE DO NOT REACH AN A GREEMENT
BY:
(1) STATING THEY HAVE MUT UALLY AGREED THAT TH EY ARE AT AN
IMPASSE;
(2) FEBRUARY 1 OF THE YEAR IN WHICH A COLLECTIVE BARGAIN ING
AGREEMENT WILL EXPIR E; OR
WES MOORE, Governor Ch. 132
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(3) IF NEGOTIATIONS WERE EXTENDED, THE DATE TO WHICH
NEGOTIATIONS WERE EX TENDED UNDER SUBSECT ION (A)(2) OF THIS SECTION.
(C) (1) IF AN IMPASSE IS REAC HED UNDER SUBSECTION (B) OF THIS
SECTION, THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTA TIVE SHALL
EACH SUBMIT A FINAL OFFER TO THE OTHER P ARTY WITHIN 48 HOURS AFTER THE
IMPASSE IS REACHED .
(2) UNLESS THE IMPASSE RE ACHED UNDER SUBSECTI ON (B) OF THIS
SECTION HAS BEEN RES OLVED, THE DISPUTE AND THE FINAL OFFERS SHALL B E
SUBMITTED TO THE MED IATOR SELECTED BY TH E PARTIES IN ACCORDA NCE WITH
SUBSECTION (D) OF THIS SECTION.
(D) (1) WITHIN 30 DAYS AFTER A MEDIATO R IS SELECTED BY THE
PARTIES, THE MEDIATOR SHALL :
(I) MEET WITH THE EMPLOYE R AND THE CERTIFIED
EXCLUSIVE REPRES ENTATIVE; AND
(II) MAKE WRITTEN FINDINGS OF FACT AND
RECOMMENDATIONS FOR THE RESOLUTION OF TH E DISPUTE IN ACCORDA NCE WITH
THIS SUBSECTION .
(2) (I) IF THE PARTIES ARE UN ABLE TO AGREE ON A M EDIATOR,
THEY SHALL REQUEST A LIST OF SEVEN MEDIAT ORS FROM TH E FEDERAL
MEDIATION AND CONCILIATION SERVICE.
(II) 1. SUBJECT TO SUBSUBPARA GRAPH 2 OF THIS
SUBPARAGRAPH , WITHIN 3 WORKING DAYS AFTER R ECEIVING THE LIST UN DER
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE PARTIES SHALL AL TERNATELY
REMOVE ONE MEDIATOR FROM THE LIST UNTIL ONLY ONE MEDIATOR REMAINS , WHO
THE PARTIES SHALL AG REE WILL SERVE AS TH E MEDIATOR UNDER THI S
SUBSECTION.
2. THE PARTIES SHALL SEL ECT WHICH PARTY REMO VES
THE FIRST MEDIATOR F ROM THE LIST BY USIN G A SELECTION METHOD THAT IS
RANDOM AND OF EQU AL CHANCE FOR BOTH P ARTIES.
(3) THE MEDIATOR SHALL AC T AS AN INTERMEDIARY IN BRINGING
THE PARTIES TOGETHER AND SHALL ACTIVELY A SSIST THE PARTIES IN RESOLVING
THE DISPUTE BY:
(I) CONDUCTING PROCEEDING S IN ACCORDANCE WITH THIS
SUBSECTION; Ch. 132 2024 LAWS OF MARYLAND
– 16 –
(II) IDENTIFYING THE MAJOR ISSUES IN THE DISPUT E BETWEEN
THE PARTIES;
(III) REVIEWING THE POSITIO NS OF THE PARTIES ; AND
(IV) RECOMMENDING A RESOLU TION FOR THE AGREEME NT OF
THE PARTIES.
(4) A RESOLUTION UNDER THI S SUBSECTION:
(I) SHALL ADDRESS MATTERS SUCH AS WAGE S, HOURS, OR
TERMS AND CONDITIONS OF EMPLOYMENT ;
(II) EXCEPT FOR COSTS ASSE SSED TO EMPLOYEES FO R HEALTH
CARE BENEFITS , MAY NOT INCLUDE HEAL TH CARE BENEFITS UNL ESS THE BENEFITS
ARE CONTRACTED DIREC TLY THROUGH THE PUBL IC LIBRARY SYSTE M; AND
(III) MAY NOT EXCEED 1 FISCAL YEAR, UNLESS AGREED TO BY
THE PARTIES.
(5) (I) ANY RESOLUTION UNDER THIS SUBSECTION REGA RDING
PENSION BENEFITS SHA LL BE CONSTRUED AS A RECOMMENDATION FOR
CONSIDERATION BY THE PENSION SPONSOR OF T HE STATE OR RESPECTIVE
COUNTY.
(II) A CHANGE MAY NOT BE MA DE TO PENSION BENEFI TS
UNLESS AN APPROPRIAT E PLAN AMENDMENT IS ADOPTED BY THE PLAN SPONSOR
OF THE STATE OR RESPECTIVE C OUNTY.
(6) (I) BEFORE ISSUING A FINA L DECISION, THE MEDIATOR SHALL
TAKE INTO CONSID ERATION, AMONG ANY OTHER RELE VANT FACTORS :
1. THE WAGES AND PENSION BENEFITS, NOT INCLUDING
HEALTH CARE BENEFITS , OF THE EMPLOYEES OF THE BARGAINING UNIT ;
2. THE WAGES AND PENSION BENEFITS OF OTHER
SIMILARLY SITUATED E MPLOYEES PERFORMING SIMILAR SERVICES IN LIBRARIE S
OF COMPARABLE COUNTI ES IN THE STATE, TAKING INTO CONSIDER ATION THE
COST–OF–LIVING INDEX FOR THE AREA IN WHICH THE CO MPARABLE COUNTY IS
LOCATED;
WES MOORE, Governor Ch. 132
– 17 –
3. WAGES AND PENSION BEN EFITS OF SIMILARLY
SITUATED COUNTY EMPL OYEES;
4. THE LAST PUBLISHED ANNUAL U.S. DEPARTMENT OF
LABOR CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR ALL ITEMS IN
THE WASHINGTON–BALTIMORE AREA ;
5. THE SPECIAL NATURE OF THE WORK PERFORMED B Y
THE EMPLOYEES OF THE BARGAINING UNIT , INCLUDING:
A. PHYSICAL REQUIREMENTS OF EMPLO YMENT;
B. EDUCATIONAL REQUIREME NTS;
C. JOB TRAINING AND JOB SKILLS; AND
D. SHIFT ASSIGNMENTS AND THE DEMANDS PLACED O N
THE EMPLOYEES COMPAR ED TO THE DEMANDS PL ACED ON OTHER SIMILA RLY
SITUATED LIBRARY EMP LOYEES IN COMPARABLE COUNTY JU RISDICTIONS;
6. STATE AND COUNTY MAND ATED EXPENDITURES ;
7. SUBJECT TO SUBPARAGRA PH (II) OF THIS
PARAGRAPH , AVAILABILITY OF FUND S, INCLUDING FINANCIAL SOURCES OF
REVENUE; AND
8. THE INTEREST AND WELF ARE OF THE PUBLIC .
(II) IN CONSIDERING THE AV AILABILITY OF FUNDS FOR WAGE
INCREASES, THE MEDIATOR SHALL C ONSIDER THE GENERAL FUND REVENUES OF
THE RESPECTIVE COUNT Y AND ANY RELATED CO UNTY REPORTS ON REVE NUES.
(7) A MEDIATOR MAY NOT CONSIDER TESTIMONY R EGARDING FUNDS
FOR CAPITAL IMPROVEMENTS , SURPLUS CONTINGENCY , OR RESERVE FUNDS .
(8) (I) THE PARTIES ARE STRON GLY ENCOURAGED TO RE ACH AN
AGREEMENT ON ALL ISS UES WHENEVER POSSIBL E.
(II) IF NO AGREEMENT CAN B E REACHED BY THE PAR TIES, THE
MEDIATOR SHALL ISSUE A REPORT WITH THE MEDIATOR ’S DECISION, INCLUDING
WRITTEN FINDINGS OF FACT.
(9) THE MEDIATOR MAY ADOP T A PACKAGE OF FINAL POSITIONS OR
RULE ON EACH MATTER SEPARATELY. Ch. 132 2024 LAWS OF MARYLAND
– 18 –
(10) THE MEDIATOR SHALL SU BMIT COPIES OF THE M EDIATOR’S
WRITTEN FINDINGS AND RECOMMENDATIONS TO T HE EMPLOYER AND THE
CERTIFIED EXCLUSIVE REPRESENTATIVE ON OR BEFORE THE IMMEDIATE LY
FOLLOWING APRIL 2.
(11) ANY COSTS ASSOCIATED WITH THIS SUBSECTION SHALL BE
SHARED EQUALLY BY TH E EMPLOYER AND THE C ERTIFIED EXCLUSIVE
REPRESENTATIVE .
(12) THIS SUBSECTION MAY NOT BE CONST RUED TO INTERFERE WI TH
ANY EFFORTS THE PART IES MAY UNDERTAKE TO REACH AN AGREEMENT A T ANY
TIME.
(13) THE GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY IS
NOT BOUND BY ANY DEC ISION MADE UNDER THI S SUBSECTION.
(14) THE PROCEDURE IN THIS SUBSECTION S HALL BE THE EXCLUSIV E
PROCEDURE FOR RESOLV ING DISPUTES BETWEEN THE PARTIES , UNLESS THE
PARTIES, BY MUTUAL AGREEMENT , DETERMINE TO USE ANO THER METHOD OF
DISPUTE RESOLUTION .
(E) (1) THE MEDIATOR SHALL SUBMIT THE FIN DINGS AND
RECOMMENDAT IONS OF THE MEDIATOR TO THE EMPLOYER IN A TIMELY MANNER
CONSISTENT WITH THE TIMING OF PARAGRAPH (2) OF THIS SUBSECTION .
(2) THE EMPLOYER SHALL AP PROVE ALL RECOMMENDA TIONS AND
FINDINGS OF THE MEDI ATOR THAT DO NOT REQ UIRE AN APPROPRIATIO N OF
ADDITIONAL FU NDS WITHIN 5 14 DAYS AFTER THE MEDIA TOR’S DECISION.
23–910.
(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE
EMPLOYER SHALL SUBMI T A TERM OF A COLLEC TIVE BARGAINING AGRE EMENT OR
MEMORANDUM OF UNDERS TANDING ENTERED INTO UNDER THIS SUBTITLE TO THE
GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY WITH THE EMPLOYER ’S
RECOMMENDATION REGAR DING WHETHER THE AGR EEMENT OR THE MEDIAT OR’S
DECISION REQUIRES AN APPROPRIATION OF ADD ITIONAL FUNDS.
(2) THE SUBMISSION REQUIR ED UNDER THIS SUBSEC TION SHALL BE
MADE BEFORE THE FIRST MEE TING OF THE GOVERNING FUNDING BODY OF THE
APPLICABLE COUNTY THAT IMMEDIATELY FOL LOWS AN AGREEMENT BE ING WES MOORE, Governor Ch. 132
– 19 –
REACHED TO ENSURE AN Y RELEVANT COUNTY BU DGETARY DEADLINES AR E NOT
MISSED.
(B) (1) THE GOVERNING FUNDING BODY OF THE APPLICABLE COUNTY
MAY APPROVE OR REJEC T A REQUEST FOR ADDI TIONAL FUNDING UNDER
SUBSECTION (A) OF THIS SECTION, IN WHOLE OR IN PART .
(2) IF THE GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY
APPROVES A REQUEST U NDER PARAGRAPH (1) OF THIS SUBSECTION , THE
GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY SHALL TAKE ALL ACTIO NS
NECESSARY TO PROCESS THE REQUEST FOR ADDI TIONAL FUNDING .
(C) (1) IF ANY PART OF A REQU EST FOR ADDITIONAL F UNDING
SUBMITTED TO THE GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY
UNDER THIS SUBSECTIO N IS REJECTED , THE REQUEST FOR ADDI TIONAL FUNDS
SHALL BE RETURNED TO THE EMPLOYER AND THE CERTIFIED EXCLUSIVE
REPRESENTATIVE FOR R ENEGOTIATION WITHIN THE LIMITS OF THE FU NDING
ALLOCATED BY THE GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY.
(2) THE RENEGOTIATION SHA LL BE COMPLETED WITH IN A
TIMETABLE ESTABLISHE D BY THE GOVERNING FUNDING BODY OF THE APPLICABLE
COUNTY.
(3) (I) IF AN IMPASSE IS REAC HED, THE EMPLOYER AND THE
CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL EACH SUBMIT A FINAL OFFER,
WITHIN THE LIMITS OF THE FUNDING ALLOCATE D BY THE GOVERNING FUNDING
BODY OF THE APPLICABLE CO UNTY, FOR THE REVIEW OF TH E GOVERNING FUNDING
BODY OF THE APPLICABLE CO UNTY.
(II) THE GOVERNING FUNDING BODY OF THE APPLICABLE
COUNTY SHALL SELECT ONE OF THE OFFERS SUBMITTED UNDER SUBPARAGRAPH (I)
OF THIS PARAGRAPH .
(III) THE SELECTION OF THE GOVERNING FUNDING BODY OF
THE APPLICABLE COUNT Y IS BINDING ON ALL PARTI ES.
(D) (1) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE
REPRESENTATIVE ARE M UTUALLY OBLIGATED TO :
(I) MEET AT REASONABLE TI MES IN CONSIDERATION OF THE
COUNTY’S BUDGET SUBMISSION DATE; AND
(II) NEGOTIATE IN GOOD FAI TH ON:
Ch. 132 2024 LAWS OF MARYLAND
– 20 –
1. WAGES, HOURS, AND TERMS AND CONDIT IONS OF
EMPLOYMENT ; AND
2. DRAFTING A WRITTEN CO LLECTIVE BARGAINING
AGREEMENT THAT CONTA INS ALL MATTERS AGRE ED ON AND IS SIGNED BY
AUTHORIZED REPRESENT ATIVES OF BOTH PARTI ES.
(2) THE OBLIGATION TO NEG OTIATE IN GOOD FAITH UNDER
PARAGRAPH (1)(II) OF THIS SUBSECTION :
(I) REQUIRES THAT AN EFFO RT BE MADE BY BOTH P ARTIES TO
ARRIVE AT AN AGREEME NT AND REDUCE THE AG REEMENT TO WRITING W ITHIN A
REASONABLE PERIOD OF TIME; AND
(II) DOES NOT REQUIRE THAT ANY CONCESSION B E MADE BY
EITHER PARTY.
23–911.
(A) AN EMPLOYER MAY PROVI DE TO A REPRESENTATI VE OF THE EXCLUSIVE
REPRESENTATIVE :
(1) RELEASE TIME; AND
(2) ACCESS TO ROUTINE SER VICES AND FACILITIES OF THE
EMPLOYER.
(B) THE EMPLOYER OR ITS O FFICERS OR AGENTS MA Y NOT:
(1) INTERFERE WITH , COERCE, UNDULY INFLUENCE , OR RESTRAIN
AN EMPLOYEE ’S EXERCISE OF RIGHTS UNDER THIS SUBTITLE ;
(2) EXCEPT AS PROVIDED IN SUBSECTION (A) OF THIS SECTION ,
DOMINATE, SURVEIL, INTERFERE WITH , ASSIST IN THE FORMAT ION,
ADMINISTRATION , OR EXISTENCE OF , OR CONTRIBUTE FINANC IAL ASSISTANCE OR
OTHER SUPPORT TO AN EMPLOYEE ORGANIZATIO N;
(3) ENCOURAGE OR DISCOURA GE MEMBERSHIP IN AN EMPLOYEE
ORGANIZATION BY DISC RIMINATING AGAINST A N EMPLOYEE THROUGH H IRING,
TENURE, PROMOTION , OR OTHER CONDI TIONS OF EMPLOYMENT ;
(4) REFUSE TO BARGAIN IN GOOD FAITH WITH AN E MPLOYEE
ORGANIZATION THAT IS THE EXCLUSIVE REPRES ENTATIVE OF THE EMPL OYEES; OR
WES MOORE, Governor Ch. 132
– 21 –
(5) SPEND PUBLIC MONEY , USE PUBLIC RESOURCES , OR PROVIDE
ASSISTANCE TO AN IND IVIDUAL OR GROUP FOR A NEGATIVE CAMPAIGN AGAINST
EFFORTS BY EMPLOYEES OR AN EMPLOYEE ORGAN IZATION TO:
(I) GAIN OR RETAIN COLLEC TIVE BARGAINING RIGH TS OR TO
CERTIFY AN EMPLOYEE ORGANIZATION AS AN E XCLUSIVE REPRESENTAT IVE; OR
(II) CERTIFY AN EMPLOYEE O RGANIZATION AS AN EXCLUSIVE
REPRESENTATIVE .
(C) AN EMPLOYEE ORGANIZAT ION MAY NOT:
(1) INTERFERE WITH , COERCE, UNDULY INFLUENCE , OR RESTRAIN
AN EMPLOYEE ’S EXERCISE OF RIGHTS UNDER THIS SUBTITLE ;
(2) CAUSE OR ATTEMPT TO C AUSE THE EMPLOYER TO DISCRIMINATE
AGAINST AN EM PLOYEE BECAUSE THE E MPLOYEE EXERCISES A RIGHT UNDER THIS
SUBTITLE;
(3) DISCIPLINE OR FINE A MEMBER OF THE EMPLOY EE
ORGANIZATION AS PUNI SHMENT OR REPRISAL ;
(4) DISCIPLINE OR FINE A MEMBER OF THE EMPLOY EE
ORGANIZATION FOR THE PURPOSE OF IMPEDING THE ME MBER’S WORK
PERFORMANCE ;
(5) REFUSE TO BARGAIN IN GOOD FAITH WITH THE EMPLOYER OR TO
PARTICIPATE IN GOOD FAITH IN A PROCEDURE UNDER THIS SUBTITLE ; OR
(6) UNFAIRLY REPRESENT EM PLOYEES IN COLLECTIV E BARGAINING
OR IN ANY OTHER MATT ER IN WHICH THE EMPL OYEE ORGANIZATION HAS THE DUTY
OF FAIR REPRESENTATI ON.
(D) (1) AN EMPLOYEE WHO IS A MEMBER OF A BARGAINI NG UNIT WITH A
CERTIFIED EXCLUSIVE REPRESENTATIVE MAY , WITHOUT THE INTERVEN TION OF AN
EMPLOYEE ORGANIZATIO N, DISCUSS ANY MATTER W ITH THE EMPLOYER .
(2) THIS SUBSECTION DOES NOT WAIVE THE RIGHT OF THE
EMPLOYEE ORGANIZATIO N TO BE THE EXCLUSIV E BARGAINING REPRESE NTATIVE
FOR ISSUES RELATED T O WAGES, HOURS, AND WORKING CONDITIO NS AND IS NOT
INTENDED TO CREATE A N ALTERNATE PATH TO ALTER TERMS AND COND ITIONS OF
THE COLLECTIVE BARGA INING AGREEMENT BETW EEN THE PARTIES .
23–912. Ch. 132 2024 LAWS OF MARYLAND
– 22 –
(A) NOTWITHSTANDING ANY O THER PROVISIONS OF L AW, IT IS THE
EXCLUSIVE RIGHT OF T HE EMPLOYER TO :
(1) DETERMINE THE PURPOSE S AND OBJECTIVES OF EACH OF ITS
CONSTITUENT OFFICES AND DEPAR TMENTS;
(2) SET STANDARDS OF SERV ICES TO BE OFFERED T O THE PUBLIC;
(3) EXERCISE CONTROL AND DISCRETION OVER ITS ORGANIZATION
AND OPERATIONS ; AND
(4) DETERMINE THE METHODS , MEANS, PERSONNEL , AND OTHER
RESOURCES BY WHICH T HE EMPLOYER ’S OPERATIONS AR E TO BE CONDUCTED ,
INCLUDING:
(I) THE USE OF VOLUNTEERS ; AND
(II) THE CONTRACTING OUT O F WORK IF CONSIDERED
NECESSARY.
(B) SUBJECT TO APPLICABLE PROVISIONS OF A COLL ECTIVE BARGAINING
AGREEMENT AND IN ACC ORDANCE WITH THE RES PECTIVE COUNTY CHART ER AND
OTHER APPLICABLE LAW S, THE EMPLOYER MAY :
(1) DIRECT ITS EMPLOYEES ;
(2) HIRE, PROMOTE, TRANSFER, ASSIGN, OR RETAIN EMPLOYEES ;
(3) ESTABLISH REASONABLE WORK RULES ; AND
(4) DEMOTE, SUSPEND, DISCHARGE, OR TAKE ANY OTHER
DISCIPLINARY ACTION AGAINST ITS EMPLOYEE S FOR JUST CAUSE .
(C) THE PROVISIONS OF THI S SECTION SHALL BE D EEMED TO BE PART OF
EVERY AGREEMENT EXEC UTED BETWEEN THE EMP LOYER AND A CERTIFIE D
EXCLUSIVE REPRESENTA TIVE.
(D) THIS SECTION MAY NOT BE CONSTRUED TO DENY THE RIGHT OF AN
EMPLOYEE TO SUBMIT A GRIEVANCE WITH REGAR D TO THE EMPLOYER ’S EXERCISE
OF ITS RIGHTS UNDER THIS SECTION.
(E) EXCEPT AS OTHERWISE P ROVIDED BY LAW , IF EMPLOYEES HAVE
ENTERED INTO A COLLE CTIVE BARGAINING AGR EEMENT WITH THE EMPL OYER WES MOORE, Governor Ch. 132
– 23 –
UNDER THIS SUBTITLE , THE COLLECTIVE BARGAININ G AGREEMENT ENTERED INTO
SUPERSEDES ANY CONFL ICTING REGULATION OR ADMINISTRATIVE POLIC Y OF THE
EMPLOYER.
(F) A COLLECTIVE BARGAININ G AGREEMENT MAY INCL UDE A PROVISION
FOR ARBITRATION OF D ISCIPLINARY ACTIONS .
23–913.
(A) (1) IN THIS SECTION THE FOLLOW ING WORDS HAVE THE M EANINGS
INDICATED.
(2) “LOCKOUT” MEANS THE TEMPORARY WITHHOLDING OF WORK , BY
MEANS OF SHUTTING DO WN AN OPERATION OR F UNCTION IN ORDER TO BRING
PRESSURE ON EMPLOYEE S OR ON THEIR REPRES ENTATIVES TO ACCEPT A CHANGE
IN COMPENSATION OR RI GHTS, PRIVILEGES, OBLIGATIONS, OR OTHER TERMS AND
CONDITIONS OF EMPLOY MENT.
(3) “SECONDARY BOYCOTT ” MEANS AN ACTIVITY BY AN EMPLOYEE
ORGANIZATION OR ITS MEMBERS THAT IS INTE NDED TO INDUCE , ENCOURAGE , OR
COERCE PERSONS DOING BUSINESS WITH THE EMPLOYER TO WITHHOLD,
WITHDRAW, OR IN ANY RESPECT CU RTAIL THEIR BUSINESS RELATIONS WITH THE
COUNTY.
(4) “STRIKE” MEANS THE REFUSAL OR FAILURE BY AN EMPLOY EE OR
GROUP OF EMPLOYEES T O PERFORM THEIR DUTI ES OF EMPLOYMENT AS ASSIGNED
IF A PURPOSE OF THE REFUSAL OR FAILU RE IS TO INDUCE, FORCE, OR REQUIRE THE
EMPLOYER TO ACT OR R EFRAIN FROM ACTING W ITH REGARD TO ANY MA TTER.
(5) “WORK STOPPAGE ” MEANS:
(I) THE WILLFUL ABSENCE O F A GROUP OF EMPLOYE ES FROM
THEIR POSITIONS ;
(II) THE ENGAGING IN A SLOWDOWN BY EMPLOYEE S; OR
(III) THE REFUSAL OF EMPLOY EES TO PERFORM JOB D UTIES.
(B) IN GENERAL, STRIKES, WORK STOPPAGES , LOCKOUTS, AND SECONDARY
BOYCOTTS ARE PROHIBI TED.
(C) (1) EMPLOYEES AND EMPLOYE E ORGANIZATIONS MAY NOT ENGAGE
IN, SPONSOR, INITIATE, SUPPORT, DIRECT, OR CONDONE A STRIKE , WORK
STOPPAGE, OR SECONDARY BOYCOTT . Ch. 132 2024 LAWS OF MARYLAND
– 24 –
(2) EMPLOYEE ORGANIZATION S MAY NOT ENGAGE IN , INITIATE,
SPONSOR, OR SUPPORT, DIRECTLY OR INDIRECT LY, PICKETING OF THE EMP LOYER,
ITS PROPERTY, OR FIELD OR OFFICE F ACILITIES IN FURTHERANCE O F A STRIKE,
WORK STOPPAGE , OR SECONDARY BOYCOTT .
(D) IF AN EMPLOYEE ORGANI ZATION VIOLATES THIS SECTION, THE
EMPLOYER MAY :
(1) REVOKE THE EMPLOYEE O RGANIZATION’S DESIGNATION AS
CERTIFIED EXCLUSIVE REPRESENTATIVE ;
(2) DISQUALIFY T HE EMPLOYEE ORGANIZA TION FROM
PARTICIPATING IN REP RESENTATION ELECTION S FOR A PERIOD OF UP TO 2 YEARS;
AND
(3) TERMINATE IMMEDIATELY THE PAYROLL DEDUCTIO NS FOR THE
EMPLOYEE ORGANIZATIO N’S DUES.
(E) AN EMPLOYEE WHO VIOLA TES THIS SECTION IS SUBJECT TO IMMEDIATE
DISCIPLINARY ACTION , WHICH MAY INCLUDE PE RMANENT DISMISSAL FR OM THE
EMPLOYMENT BY THE EM PLOYER FOR JUST CAUS E.
(F) (1) THE EMPLOYER MAY NOT DIRECT A LOCKOUT AGA INST
EMPLOYEES.
(2) THIS SUBSECTION MAY N OT BE CONSTRUED TO P ROHIBIT THE
EMPLOYER FROM EXERCISING ITS MANAGERIAL RIGHTS .
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be construed to
apply only prospectively and may not be applied or interpreted to have any effect on or
application to:
(1) the composition of a collective bargaining unit that is in existence on
the effective date of this Act unless the collective bargaining unit dissolves after the
effective date of this Act;
(2) a collective bargaining agreement entered into before the effective date
of this Act; or
(3) collective bargaining negotiations that began before the effective date
of this Act.
WES MOORE, Governor Ch. 132
– 25 –
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2024.
Approved by the Governor, April 25, 2024.