MD
Maryland Senate Bill SB232

Maryland 2024 Regular Session

Maryland Senate Bill SB232 Compare Versions

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1- WES MOORE, Governor Ch. 52
21
3-– 1 –
4-Chapter 52
5-(Senate Bill 232)
62
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+ *sb0232*
89
9-Public Employee Relations Act – Alterations
10+SENATE BILL 232
11+P4, F5 4lr0387
12+ (PRE–FILED) CF HB 144
13+By: Chair, Finance Committee (By Request – Departmental – Public Employee
14+Relations Board)
15+Requested: September 19, 2023
16+Introduced and read first time: January 10, 2024
17+Assigned to: Finance
18+Committee Report: Favorable
19+Senate action: Adopted
20+Read second time: February 8, 2024
1021
11-FOR the purpose of altering certain provisions of the Public Employee Relations Act,
12-including adding the definition of interested employee organization, altering the
13-timing of exclusive representative access to new employees, clarifying the
14-responsibilities of certain deputy directors, and clarifying the process for certain
15-investigations of unfair labor practices; and generally relating to alterations to the
16-Public Employee Relations Act.
22+CHAPTER ______
1723
18-BY repealing and reenacting, with amendments,
19- Article – State Government
20-Section 22–101, 22–207(c), 22–305, 22–306(b), and 22–307(a) and (f)
21- Annotated Code of Maryland
22- (2021 Replacement Volume and 2023 Supplement)
24+AN ACT concerning 1
2325
24-BY repealing and reenacting, without amendments,
25- Article – State Government
26-Section 22–405(a)
27- Annotated Code of Maryland
28- (2021 Replacement Volume and 2023 Supplement)
26+Public Employee Relations Act – Alterations 2
2927
30- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
31-That the Laws of Maryland read as follows:
28+FOR the purpose of altering certain provisions of the Public Employee Relations Act, 3
29+including adding the definition of interested employee organization, altering the 4
30+timing of exclusive representative access to new employees, clarifying the 5
31+responsibilities of certain deputy directors, and clarifying the process for certain 6
32+investigations of unfair labor practices; and generally relating to alterations to the 7
33+Public Employee Relations Act. 8
3234
33-Article – State Government
35+BY repealing and reenacting, with amendments, 9
36+ Article – State Government 10
37+Section 22–101, 22–207(c), 22–305, 22–306(b), and 22–307(a) and (f) 11
38+ Annotated Code of Maryland 12
39+ (2021 Replacement Volume and 2023 Supplement) 13
3440
35-22–101.
41+BY repealing and reenacting, without amendments, 14
42+ Article – State Government 15
43+Section 22–405(a) 16
44+ Annotated Code of Maryland 17
45+ (2021 Replacement Volume and 2023 Supplement) 18
3646
37- (a) In this title the following words have the meanings indicated.
47+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
48+That the Laws of Maryland read as follows: 20 2 SENATE BILL 232
3849
39- (b) “Board” means the Public Employee Relations Board.
4050
41- (c) Unless specifically provided otherwise, “day” means a calendar day.
4251
43- (d) “Employee organization” means a labor organization in which public
44-employees participate and that has as one of its primary purposes representing public
45-employees.
52+Article – State Government 1
4653
47- (e) “Exclusive representative” means an employee organization that has been
48-certified by the Board as an exclusive representative under Subtitle 4 of this title.
49- Ch. 52 2024 LAWS OF MARYLAND
54+22–101. 2
5055
51-– 2 –
52- (F) “INTERESTED EMPLOYEE O RGANIZATION” MEANS:
56+ (a) In this title the following words have the meanings indicated. 3
5357
54- (1) AN EMPLOYEE ORGANIZA TION ALREADY REPRESE NTING
55-EMPLOYEES IN A BARGAINING UNIT; OR
58+ (b) “Board” means the Public Employee Relations Board. 4
5659
57- (2) A PETITIONER WHO HAS MET THE SHOWING OF I NTEREST
58-REQUIREMENT UNDER § 22–402 OF THIS TITLE.
60+ (c) Unless specifically provided otherwise, “day” means a calendar day. 5
5961
60- [(f)] (G) “Lockout” means action taken by a public employer to:
62+ (d) “Employee organization” means a labor organization in which public 6
63+employees participate and that has as one of its primary purposes representing public 7
64+employees. 8
6165
62- (1) interrupt or prevent the continuity of the employees’ usual work for the
63-purpose and with the intent of coercing the employees into relinquishing rights guaranteed
64-by this title; or
66+ (e) “Exclusive representative” means an employee organization that has been 9
67+certified by the Board as an exclusive representative under Subtitle 4 of this title. 10
6568
66- (2) bring economic pressure on employees for the purpose of securing the
67-agreement of their executive representative to collective bargaining agreement terms.
69+ (F) “INTERESTED EMPLOYEE O RGANIZATION” MEANS: 11
6870
69- [(g)] (H) “Public employee” means an individual who holds a position by
70-appointment or employment in the service of a public employer with collective bargaining
71-rights under Title 3 of the State Personnel and Pensions Article or Title 6, Subtitle 4 or 5
72-or Title 16, Subtitle 7 of the Education Article.
71+ (1) AN EMPLOYEE ORGANIZA TION ALREADY REPRESE NTING 12
72+EMPLOYEES IN A BARGAINING UNIT; OR 13
7373
74- [(h)] (I) “Public employer” means:
74+ (2) A PETITIONER WHO HAS MET THE SHOWING OF I NTEREST 14
75+REQUIREMENT UNDER § 22–402 OF THIS TITLE. 15
7576
76- (1) the State, including any unit, department, or instrumentality of the
77-State;
77+ [(f)] (G) “Lockout” means action taken by a public employer to: 16
7878
79- (2) a community college listed under § 16–702(b) of the Education Article;
80-and
79+ (1) interrupt or prevent the continuity of the employees’ usual work for the 17
80+purpose and with the intent of coercing the employees into relinquishing rights guaranteed 18
81+by this title; or 19
8182
82- (3) a county board of education or the Baltimore City Board of School
83-Commissioners.
83+ (2) bring economic pressure on employees for the purpose of securing the 20
84+agreement of their executive representative to collective bargaining agreement terms. 21
8485
85- [(i)] (J) (1) “Showing of interest form” means a written statement from a
86-public employee who wishes to be represented by a petitioning employee organization for
87-the purpose of collective bargaining.
86+ [(g)] (H) “Public employee” means an individual who holds a position by 22
87+appointment or employment in the service of a public employer with collective bargaining 23
88+rights under Title 3 of the State Personnel and Pensions Article or Title 6, Subtitle 4 or 5 24
89+or Title 16, Subtitle 7 of the Education Article. 25
8890
89- (2) “Showing of interest form” includes:
91+ [(h)] (I) “Public employer” means: 26
9092
91- (i) a union authorization card; or
93+ (1) the State, including any unit, department, or instrumentality of the 27
94+State; 28
9295
93- (ii) a union membership card.
96+ (2) a community college listed under § 16–702(b) of the Education Article; 29 SENATE BILL 232 3
9497
95- [(j)] (K) (1) “Strike” means any concerted action to impede the full and
96-proper performance of employment duties in order to induce, influence, coerce, or enforce WES MOORE, Governor Ch. 52
9798
98-– 3 –
99-demands for a change in wages, hours, terms, or other conditions of employment.
99+and 1
100100
101- (2) “Strike” includes a total or partial:
101+ (3) a county board of education or the Baltimore City Board of School 2
102+Commissioners. 3
102103
103- (i) refusal or failure to report to work;
104+ [(i)] (J) (1) “Showing of interest form” means a written statement from a 4
105+public employee who wishes to be represented by a petitioning employee organization for 5
106+the purpose of collective bargaining. 6
104107
105- (ii) refusal or failure to perform employment duties;
108+ (2) “Showing of interest form” includes: 7
106109
107- (iii) withdrawal from work;
110+ (i) a union authorization card; or 8
108111
109- (iv) work stoppage; or
112+ (ii) a union membership card. 9
110113
111- (v) work slowdown.
114+ [(j)] (K) (1) “Strike” means any concerted action to impede the full and 10
115+proper performance of employment duties in order to induce, influence, coerce, or enforce 11
116+demands for a change in wages, hours, terms, or other conditions of employment. 12
112117
113-22–207.
118+ (2) “Strike” includes a total or partial: 13
114119
115- (c) (1) Except as provided in paragraph (2) of this subsection and subject to
116-paragraph (3) of this subsection, a public employer shall provide the exclusive
117-representative at least 10 days’ notice of the start date of a new employee in a bargaining
118-unit represented by the exclusive representative.
120+ (i) refusal or failure to report to work; 14
119121
120- (2) A public employer may provide the exclusive representative with less
121-than 10 days’ notice if there is an urgent need critical to the employer that was not
122-reasonably foreseeable.
122+ (ii) refusal or failure to perform employment duties; 15
123123
124- (3) The notice required under paragraph (1) of this subsection shall:
124+ (iii) withdrawal from work; 16
125125
126- (i) be provided electronically to the local president or exclusive
127-representative designee within 5 days of the [employee’s first check–in] START OF ANY
128-CHECK–IN EVENT THE EMPLOYE R OBLIGATES THE EMPL OYEE TO ATTEND ;
126+ (iv) work stoppage; or 17
129127
130- (ii) except as provided in item (iii) of this paragraph, include the new
131-employee’s name, unit, and all employee identification numbers, including Workday
132-numbers;
128+ (v) work slowdown. 18
133129
134- (iii) exclude the new employee’s Social Security number; and
130+22–207. 19
135131
136- (iv) be considered confidential by an exclusive representative.
132+ (c) (1) Except as provided in paragraph (2) of this subsection and subject to 20
133+paragraph (3) of this subsection, a public employer shall provide the exclusive 21
134+representative at least 10 days’ notice of the start date of a new employee in a bargaining 22
135+unit represented by the exclusive representative. 23
137136
138- (4) (i) Except as provided in subparagraph (ii) of this paragraph, an
139-exclusive representative may not disclose the information in a notice.
137+ (2) A public employer may provide the exclusive representative with less 24
138+than 10 days’ notice if there is an urgent need critical to the employer that was not 25
139+reasonably foreseeable. 26
140140
141- (ii) The exclusive representative may authorize a third–party
142-contractor to use the information in a notice, as directed by the exclusive representative, to
143-fulfill the exclusive representative’s statutory duties.
144- Ch. 52 2024 LAWS OF MARYLAND
141+ (3) The notice required under paragraph (1) of this subsection shall: 27
145142
146-– 4 –
147-22–305.
143+ (i) be provided electronically to the local president or exclusive 28
144+representative designee within 5 days of the [employee’s first check–in] START OF ANY 29
145+CHECK–IN EVENT THE EMPLOYE R OBLIGATES THE EMPLOYEE TO ATTEND; 30 4 SENATE BILL 232
148146
149- (a) The Board shall appoint:
150147
151- (1) a deputy director PRIMARILY RESPONSIBL E for Executive Branch
152-labor relations;
153148
154- (2) a deputy director PRIMARILY RESPONSIBL E for public school labor
155-relations; and
149+ (ii) except as provided in item (iii) of this paragraph, include the new 1
150+employee’s name, unit, and all employee identification numbers, including Workday 2
151+numbers; 3
156152
157- (3) a deputy director PRIMARILY RESPONSIBL E for public higher
158-education labor relations.
153+ (iii) exclude the new employee’s Social Security number; and 4
159154
160- (b) The deputy directors:
155+ (iv) be considered confidential by an exclusive representative. 5
161156
162- (1) are responsible to and serve at the pleasure of the Board;
157+ (4) (i) Except as provided in subparagraph (ii) of this paragraph, an 6
158+exclusive representative may not disclose the information in a notice. 7
163159
164- (2) must have knowledge of and experience with labor issues and the
165-subject matter area associated with their positions; and
160+ (ii) The exclusive representative may authorize a third–party 8
161+contractor to use the information in a notice, as directed by the exclusive representative, to 9
162+fulfill the exclusive representative’s statutory duties. 10
166163
167- (3) are entitled to the salary provided in the State budget.
164+22–305. 11
168165
169-22–306.
166+ (a) The Board shall appoint: 12
170167
171- (b) In addition to any other powers or duties provided for elsewhere in this title,
172-Title 6, Subtitle 4 or 5 of the Education Article, Title 16, Subtitle 7 of the Education Article,
173-and Title 3 of the State Personnel and Pensions Article, the Board may:
168+ (1) a deputy director PRIMARILY RESPONSIBL E for Executive Branch 13
169+labor relations; 14
174170
175- (1) establish procedures for, supervise the conduct of, and resolve disputes
176-about elections for exclusive representatives;
171+ (2) a deputy director PRIMARILY RESPONSIBL E for public school labor 15
172+relations; and 16
177173
178- (2) establish procedures for and resolve disputes about petitions for
179-bargaining unit clarification;
174+ (3) a deputy director PRIMARILY RESPONSIBL E for public higher 17
175+education labor relations. 18
180176
181- (3) establish procedures for and resolve disputes about petitions and
182-elections for decertification of an exclusive representative;
177+ (b) The deputy directors: 19
183178
184- (4) investigate and take appropriate action in response to [complaints]
185-CHARGES of unfair labor practices, including strikes and lockouts;
179+ (1) are responsible to and serve at the pleasure of the Board; 20
186180
187- (5) establish procedures for and resolve disputes about the negotiability of
188-bargaining subjects;
181+ (2) must have knowledge of and experience with labor issues and the 21
182+subject matter area associated with their positions; and 22
189183
190- (6) on application by an employee organization or public employer,
191-determine that the applicant shall be designated as a joint public employer of public
192-employees in an employer–employee bargaining unit determined in accordance with WES MOORE, Governor Ch. 52
184+ (3) are entitled to the salary provided in the State budget. 23
193185
194-– 5 –
195-Subtitle 4 of this title when such determination would best effectuate the purposes of this
196-subtitle; and
186+22–306. 24
197187
198- (7) resolve matters as provided in §§ 6–406, 6–507, and 16–707 of the
199-Education Article.
188+ (b) In addition to any other powers or duties provided for elsewhere in this title, 25
189+Title 6, Subtitle 4 or 5 of the Education Article, Title 16, Subtitle 7 of the Education Article, 26
190+and Title 3 of the State Personnel and Pensions Article, the Board may: 27
200191
201-22–307.
192+ (1) establish procedures for, supervise the conduct of, and resolve disputes 28
193+about elections for exclusive representatives; 29
194+ SENATE BILL 232 5
202195
203- (a) (1) If a party has been charged with engaging in [or has engaged in] an
204-unfair labor practice, the appropriate deputy director shall investigate the charge.
205196
206- (2) If the Board, through the deputy director’s investigation, finds that
207-probable cause exists to support the charge of an unfair labor practice, the Board shall:
197+ (2) establish procedures for and resolve disputes about petitions for 1
198+bargaining unit clarification; 2
208199
209- (i) issue a complaint against the party [stating] STATED IN the
210-[charges] CHARGE; and
200+ (3) establish procedures for and resolve disputes about petitions and 3
201+elections for decertification of an exclusive representative; 4
211202
212- (ii) not less than 15 days after issuing the complaint, issue a notice
213-of a hearing before the Board or the Office of Administrative Hearings.
203+ (4) investigate and take appropriate action in response to [complaints] 5
204+CHARGES of unfair labor practices, including strikes and lockouts; 6
214205
215- (f) The appropriate deputy director shall provide relevant information gathered
216-in the investigation of a charge [or complaint] of unfair labor practices to the Board [and
217-the Office of Administrative Hearings].
206+ (5) establish procedures for and resolve disputes about the negotiability of 7
207+bargaining subjects; 8
218208
219-22–405.
209+ (6) on application by an employee organization or public employer, 9
210+determine that the applicant shall be designated as a joint public employer of public 10
211+employees in an employer–employee bargaining unit determined in accordance with 11
212+Subtitle 4 of this title when such determination would best effectuate the purposes of this 12
213+subtitle; and 13
220214
221- (a) (1) Within 5 days after determining that a valid petition has been
222-submitted under § 22–402 of this subtitle, the Board shall notify interested employee
223-organizations of the pending election petition.
215+ (7) resolve matters as provided in §§ 6–406, 6–507, and 16–707 of the 14
216+Education Article. 15
224217
225- (2) Within 10 days after determining that a valid petition has been
226-submitted under § 22–402 of this subtitle, the public employer, as appropriate, shall make
227-available to all interested employee organizations reasonable and equivalent means to
228-communicate by mail and in person with each employee in the appropriate bargaining unit
229-for the purpose of soliciting the employee’s vote in an election held under this section.
218+22–307. 16
230219
231- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
232-1, 2024.
220+ (a) (1) If a party has been charged with engaging in [or has engaged in] an 17
221+unfair labor practice, the appropriate deputy director shall investigate the charge. 18
233222
234-Approved by the Governor, April 9, 2024.
223+ (2) If the Board, through the deputy director’s investigation, finds that 19
224+probable cause exists to support the charge of an unfair labor practice, the Board shall: 20
225+
226+ (i) issue a complaint against the party [stating] STATED IN the 21
227+[charges] CHARGE; and 22
228+
229+ (ii) not less than 15 days after issuing the complaint, issue a notice 23
230+of a hearing before the Board or the Office of Administrative Hearings. 24
231+
232+ (f) The appropriate deputy director shall provide relevant information gathered 25
233+in the investigation of a charge [or complaint] of unfair labor practices to the Board [and 26
234+the Office of Administrative Hearings]. 27
235+
236+22–405. 28
237+
238+ (a) (1) Within 5 days after determining that a valid petition has been 29
239+submitted under § 22–402 of this subtitle, the Board shall notify interested employee 30
240+organizations of the pending election petition. 31
241+
242+ (2) Within 10 days after determining that a valid petition has been 32 6 SENATE BILL 232
243+
244+
245+submitted under § 22–402 of this subtitle, the public employer, as appropriate, shall make 1
246+available to all interested employee organizations reasonable and equivalent means to 2
247+communicate by mail and in person with each employee in the appropriate bargaining unit 3
248+for the purpose of soliciting the employee’s vote in an election held under this section. 4
249+
250+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 5
251+1, 2024. 6
252+
253+
254+
255+Approved:
256+________________________________________________________________________________
257+ Governor.
258+________________________________________________________________________________
259+ President of the Senate.
260+________________________________________________________________________________
261+ Speaker of the House of Delegates.