EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0591*
SENATE BILL 591
F5 4lr1667
SB 352/23 – FIN & EEE CF HB 609
By: Senators Lam, Klausmeier, Guzzone, Augustine, Salling, M. Washington,
Kramer, Jackson, Hettleman, Muse, King, and Rosapepe
Introduced and read first time: January 26, 2024
Assigned to: Finance and Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Education – Public Libraries – Collective Bargaining 2
(Library Workers Empowerment Act) 3
FOR the purpose of authorizing employees of certain public libraries to form, join, and 4
participate in an employee organization and engage in certain other activities related 5
to collective bargaining; requiring certain employers and certified exclusive 6
representatives to engage in good faith bargaining; establishing a collective 7
bargaining process for employees of certain public libraries; establishing a process 8
for resolving impasses during collective bargaining; prohibiting employers and 9
employee organizations from engaging in certain actions regarding the exercise of an 10
employee’s rights under this Act; prohibiting employers, employees, and employee 11
organizations from engaging in certain actions related to strikes, work stoppages, 12
boycotts, and lockouts; repealing certain provisions of law rendered obsolete by 13
certain provisions of this Act; and generally relating to collective bargaining for 14
employees of public libraries. 15
BY repealing 16
Article – Education 17
Section 23–601 through 23–614 and the subtitle “Subtitle 6. Howard County Library 18
System – Collective Bargaining” 19
Annotated Code of Maryland 20
(2022 Replacement Volume and 2023 Supplement) 21
BY adding to 22
Article – Education 23
Section 23–901 through 23–913 to be under the new subtitle “Subtitle 9. Public 24
Libraries – Collective Bargaining” 25
Annotated Code of Maryland 26
(2022 Replacement Volume and 2023 Supplement) 27
2 SENATE BILL 591
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That Section(s) 23–601 through 23–614 and the subtitle “Subtitle 6. Howard County 2
Library System – Collective Bargaining” of Article – Education of the Annotated Code of 3
Maryland be repealed. 4
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 5
as follows: 6
Article – Education 7
SUBTITLE 9. PUBLIC LIBRARIES – COLLECTIVE BARGAINING. 8
23–901. 9
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 10
INDICATED. 11
(B) (1) “CERTIFIED EXCLUSIVE R EPRESENTATIVE ” MEANS THE 12
EMPLOYEE ORGANIZATIO N THAT HAS BEEN CERT IFIED AS THE COLLECT IVE 13
BARGAINING AGENT FOR A BARGAINING UNIT . 14
(2) “CERTIFIED EXCLUSIVE R EPRESENTATIVE ” INCLUDES AN 15
EMPLOYEE ORGANIZATIO N CERTIFIED TO EXCLU SIVELY REPRESENT PUB LIC 16
LIBRARY EMPLOYEES BE FORE JULY 1, 2024. 17
(C) “CONFIDENTIAL EMPLOYEE ” MEANS AN EMPLOYEE WH O: 18
(1) IS REQUIRED TO DEVELO P OR PRESENT MANAGEM ENT POSITIONS 19
WITH RESPECT TO EMPL OYER–EMPLOYEE RELATIONS ; AND 20
(2) WHOSE DUTIES NORMALLY REQUIRE ACCESS TO CO NFIDENTIAL 21
INFORMATION THAT CON TRIBUTES SIGNIFICANT LY TO THE DEVELOPMEN T OF THE 22
MANAGEMENT POSITION S WITH RESPECT TO EM PLOYER–EMPLOYEE RELATIONS . 23
(D) “DIRECTOR” MEANS THE DIRECTOR , CHIEF EXECUTIVE OFFI CER, OR 24
CHIEF OFFICER OF THE APPLICABLE PUBLIC LI BRARY SYSTEM , OR THE DESIGNEE 25
OF THE DIRECTOR , CHIEF EXECUTIVE OFFI CER, OR CHIEF OFFICER . 26
(E) (1) “EMPLOYEE” MEANS A FULL–TIME OR PART–TIME EMPLOYEE OF 27
A PUBLIC LIBRARY SYS TEM. 28
(2) “EMPLOYEE” DOES NOT INCLUDE A C ONFIDENTIAL EMPLOYEE , 29
MANAGEMENT EMPLOYEE , OR SUPERVISORY EMPLO YEE. 30
SENATE BILL 591 3
(F) “EMPLOYEE ORGANIZATION ” MEANS AN ORGANIZATIO N THAT ADMITS 1
EMPLOYEES OF THE EMPLOYER AS M EMBERS AND HAS AS A PRIMARY PURPOSE THE 2
REPRESENTATION OF TH E EMPLOYEES IN THEIR RELATIONS WITH THE E MPLOYER. 3
(G) “EMPLOYER” MEANS A PUBLIC LIBRA RY SYSTEM AND , WHERE 4
APPLICABLE, THE BOARD OF TRUSTEE S FOR THE PUBLIC LIB RARY SYSTEM. 5
(H) “GOVERNING BODY ” MEANS: 6
(1) (I) FOR A CHARTER COUNTY THAT DOES NOT HAVE A N 7
ELECTED CHIEF EXECUT IVE OFFICER, THE COUNTY COUNCIL ; OR 8
(II) FOR A CHARTER COUNTY THAT HAS AN ELECTED CHIEF 9
EXECUTIVE OFFICER , THE COUNTY COUNCIL O R THE COUNTY COUNCIL AND THE 10
COUNTY EXECUTIVE , AS PROVIDED BY THE C OUNTY CHARTER ; 11
(2) FOR A CODE OR COMMISS ION COUNTY , THE COUNTY 12
COMMISSIONERS ; OR 13
(3) FOR BALTIMORE CITY, THE MAYOR AND CITY COUNCIL OF 14
BALTIMORE CITY. 15
(I) “MANAGEMENT EMPLOYEE ” MEANS AN EMPLOYEE WH O GENERALLY 16
HAS AUTHORITY AND WH O: 17
(1) FORMULATES POLICY THA T IS APPLICABLE THRO UGHOUT A 18
BARGAINING UNIT ; 19
(2) HAS A SIGNIFICANT ROL E IN PERSONNEL ADMIN ISTRATION, 20
EMPLOYEE RELATIONS , OR THE PREPARATION A ND ADMINISTRATION OF BUDGETS 21
FOR THE EMPLOYER ; OR 22
(3) MAY REASONABLY BE REQ UIRED TO: 23
(I) ASSIST DIRECTLY IN TH E PREPARATION FOR AN D CONDUCT 24
OF COLLECTIVE BARGAI NING NEGOTIATIONS ON BEHALF OF THE EMPLOY ER; OR 25
(II) HAVE A MAJOR ROLE IN THE ADMINISTRATION O F 26
RESULTING COLLECTIVE BARGAINING AGR EEMENTS. 27
(J) (1) “PUBLIC LIBRARY SYSTEM ” MEANS A COUNTY PUBLI C LIBRARY 28
SYSTEM. 29
4 SENATE BILL 591
(2) “PUBLIC LIBRARY SYSTEM ” INCLUDES THE ENOCH PRATT FREE 1
LIBRARY. 2
(3) “PUBLIC LIBRARY SYSTEM ” DOES NOT INCLUDE THE PUBLIC 3
LIBRARY SYSTEM OF BALTIMORE COUNTY, MONTGOMERY COUNTY, OR PRINCE 4
GEORGE’S COUNTY. 5
(K) “SUPERVISORY EMPLOYEE ” MEANS AN EMPLOYEE WH O IS AUTHORIZED 6
TO: 7
(1) HIRE, TRANSFER, SUSPEND, LAY OFF, RECALL, PROMOTE, 8
DISCHARGE, ASSIGN, REWARD, OR DISCIPLINE EMPLOY EES; 9
(2) RESPONSIBLY DIRECT EM PLOYEES FOR MORE THAN 50% OF THE 10
EMPLOYEE’S WORKING HOURS ; OR 11
(3) ADDRESS AND RESOLVE T HE GRIEVANCES OF EMP LOYEES. 12
23–902. 13
(A) THERE MAY BE NO T MORE THAN TWO BARGAI NING UNITS AT EACH 14
PUBLIC LIBRARY SYSTE M INCLUDING: 15
(1) ONE BARGAINING UNIT F OR EMPLOYEES ; AND 16
(2) ONE BARGAINING UNIT F OR SUPERVISORY EMPLO YEES. 17
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 18
BARGAINING UNIT MAY CONTAIN FULL–TIME OR PART–TIME EMPLOYEES . 19
(2) A BARGAINING UNIT MAY NOT INCLUDE VOLUNTEE RS OR 20
TEMPORARY E MPLOYEES WITH LESS T HAN 90 DAYS OF SERVICE IN A 12–MONTH 21
PERIOD. 22
(C) (1) THIS SUBTITLE MAY NOT BE CONSTRUED TO MODI FY OR 23
TERMINATE A BARGAINI NG UNIT THAT WAS REC OGNIZED OR IN EXISTE NCE ON OR 24
BEFORE JUNE 30, 2024. 25
(2) (I) IF AN EMPLOYEE ORGANI ZATION HA S BEEN CERTIFIED 26
UNDER STATE OR LOCAL LAW ON OR BEFORE JUNE 30, 2024, TO BE AN EXCLUSIVE 27
REPRESENTATIVE OF EM PLOYEES OF A PUBLIC LIBRARY SYSTEM , THE EMPLOYER 28
SHALL ACCRETE ALL EL IGIBLE POSITIONS INT O THE EXISTING BARGA INING UNIT IN 29
ACCORDANCE WITH THIS SECTION ON REQUEST OF T HE EXCLUSIVE 30
REPRESENTATIVE . 31 SENATE BILL 591 5
(II) AN ACCRETION UNDER TH IS SUBSECTION SHALL BE 1
SUBJECT TO A SHOWING OF INTEREST AND ELEC TION BY EMPLOYEES IN THE 2
ACCRETED POSITIONS I N ACCORDANCE WITH TH E PROCEDURES UNDER § 23–907 OF 3
THIS SUBTITLE. 4
23–903. 5
(A) AN EMPLOYEE WHO MAY E FFECTIVELY RECOMMEND AN ACTION LISTED 6
IN § 23–901(I) OF THIS SUBTITLE MAY BE DEEMED A MANAGEME NT EMPLOYEE IF 7
THE EMPLOYEE ’S EXERCISE OF THE AU THORITY REQUIRES THE EXERCISE OF 8
INDEPENDENT JUDGMENT AND IS NOT MERELY OF A ROUTINE OR CLERICAL 9
NATURE. 10
(B) THE EXERCISE OF ANY S INGLE FUNCTION LISTE D IN § 23–901(I) OF THIS 11
SUBTITLE MAY NOT NEC ESSARILY REQUIRE THE CONCLUSION THAT THE 12
INDIVIDUAL EXERCISIN G THAT FUNCTION IS I N FACT A MANAGEMENT EMPLOYEE 13
WITHIN THE MEANING O F THE DEFINITION. 14
(C) IN DIFFERENTIATING A MANAGEMENT EMPLOYEE FROM A 15
NONMANAGEMENT EMPLOY EE: 16
(1) A CLASS TITLE ALONE MA Y NOT BE THE BASIS F OR 17
DETERMINATION ; AND 18
(2) THE NATURE OF THE MAN AGEMENT EMPLOYEE ’S WORK, 19
INCLUDING WHETHER A SIGNIFICANT PORTION OF THE MANAGEMENT EMPLO YEE’S 20
WORKING TIME IS SPEN T AS PART OF A TEAM THAT INCLUDES NONMAN AGEMENT 21
EMPLOYEES, SHALL BE CONSIDERED . 22
23–904. 23
EMPLOYEES OF THE EMPL OYER MAY: 24
(1) FORM, JOIN, AND PARTICIPATE IN A N EMPLOYEE ORGANIZAT ION; 25
(2) BARGAIN COLLECTIVELY THROUGH A CERTIFIED EXCLUSIV E 26
REPRESENTATIVE OF TH EIR CHOICE; 27
(3) ENGAGE IN LAWFUL CONC ERTED ACTIVITIES FOR THEIR MUTUAL 28
AID AND PROTECTION ; AND 29
(4) REFRAIN FROM ANY ACTI VITY COVERED UNDER I TEMS (1) 30
THROUGH (3) OF THIS SECTION. 31 6 SENATE BILL 591
23–905. 1
(A) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE 2
HAVE A RESPONSIBILIT Y TO ENGAGE IN GOOD FAITH BARGAINING OVE R MATTERS 3
REQUIRED BY LAW . 4
(B) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE 5
JOINTLY SHALL BE RES PONSIBLE FOR FOSTERI NG A POSITIVE LABOR RELAT IONS 6
ENVIRONMENT BASED ON MUTUAL TRUST , RESPECT, COMMUNICATION , AND 7
COOPERATION . 8
(C) THE GOAL OF COLLECTIV E BARGAINING IS THE DELIVERY OF QUALITY 9
PUBLIC SERVICES TO T HE RESIDENTS OF THE STATE IN A MANNER THA T IS 10
CONSISTENT AND COMPL IANT WITH LAW. 11
23–906. 12
(A) THE EMPLOYER SHALL RE COGNIZE THE RIGHT OF THE CERTIFIED 13
EXCLUSIVE REPRESENTA TIVE TO REPRESENT TH E EMPLOYEES IN THE U NIT IN 14
COLLECTIVE BARGAININ G AND IN THE GRIEVAN CE PROCESS. 15
(B) THE CERTIFIED EXCLUSI VE REPRESENTATIVE OF A UNIT SHALL: 16
(1) SERVE AS THE SOLE AGE NT FOR THE UNIT IN C OLLECTIVE 17
BARGAINING; AND 18
(2) REPRESENT ALL EMPLOYE ES IN THE UNIT FAIRL Y AND IN GOOD 19
FAITH, IN A MANNER THAT IS NOT ARBITRARY OR DIS CRIMINATORY . 20
23–907. 21
(A) (1) AN EMPLOYEE ORGANIZAT ION SEEKING CERTIFICATION AS THE 22
EXCLUSIVE REPRESENTA TIVE FOR THE BARGAIN ING UNIT OF EMPLOYEE S MAY FILE 23
A PETITION WITH THE EMPLOYER INDICATING THIS INTENT. 24
(2) THE PETITION SHALL CO NTAIN: 25
(I) A REQUEST THAT THE EMP LOYER RECOGNIZE THE 26
EMPLOYEE ORGANIZATIO N AS THE EXCLUSIVE REP RESENTATIVE OF THE 27
EMPLOYEES IN THE BAR GAINING UNIT; 28
(II) A STATEMENT THAT THE E MPLOYEE ORGANIZATION IS ONE 29
IN WHICH EMPLOYEES P ARTICIPATE AND THAT HAS AS ONE OF ITS PU RPOSES THE 30 SENATE BILL 591 7
REPRESENTATION OF PU BLIC EMPLOYEES IN MA TTERS OF WAGE S, HOURS, AND 1
OTHER TERMS AND COND ITIONS OF EMPLOYMENT ; 2
(III) A STATEMENT THAT THE E MPLOYEE ORGANIZATION HAS NO 3
TERMS OR CONDITIONS OF MEMBERSHIP THAT D ISCRIMINATE WITH REG ARD TO 4
RACE, COLOR, CREED, GENDER, AGE, POLITICAL AFFILIATIO N, NATIONAL ORIGIN , 5
RELIGION, MARITAL STATUS , OR DISABILITY; AND 6
(IV) A STATEMENT THAT THE E MPLOYEE ORGANIZATION HAS IN 7
ITS POSSESSION WRITT EN PROOF DATED NOT M ORE THAN 18 MONTHS BEFORE THE 8
DAY ON WHICH THE PET ITION IS FILED ESTAB LISHING THAT AT LEAS T 30% OF THE 9
EMPLOYEES IN THE BARGAINING UN IT: 10
1. HAVE DESIGNATED THE E MPLOYEE ORGANIZATION 11
TO REPRESENT THEM IN THEIR EMPLOYMENT REL ATIONS WITH THE EMPL OYER; OR 12
2. ARE MEMBERS OF THE EM PLOYEE ORGANIZATION . 13
(3) BEFORE A PETITION MAY BE PROCESSED , THE PROOF OF 14
INTEREST SUBMITTED SHALL BE VERIFIED AS PROVI DED IN THIS SECTION . 15
(4) THE EMPLOYEE ORGANIZA TION AND THE EMPLOYE R SHALL 16
EQUALLY BEAR ANY COS TS ASSOCIATED WITH T HE VERIFICATION . 17
(B) (1) (I) WHEN AN EMPLOYEE ORGA NIZATION OR EMPLOYEE S IN A 18
BARGAINING UNIT FILE A PETITION WITH THE EMPLOYER, THE EMPLOYEE 19
ORGANIZATION OR EMPL OYEES SHALL SELECT A NEUTRAL DECISION MAK ER FROM 20
A REFERRAL OR LIST O F ARBITRATORS PROVID ED BY THE FEDERAL MEDIATION 21
AND CONCILIATION SERVICE. 22
(II) THE EMPLOYEE ORGANIZA TION OR EMPLOYEES I N THE 23
BARGAINING UNIT SHAL L SUBMIT TO THE NEUT RAL DECISION MAKER S ELECTED 24
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH TH E AUTHORIZATION CARD S 25
SIGNED AND DATED BY AT LEAST 30% OF THE EMPLOYEES IN THE BARGAINING UNIT 26
NOT MORE THAN 18 MONTHS BEFORE THE DA Y THE P ETITION WAS FILED 27
INDICATING, AS APPROPRIATE , THAT THE EMPLOYEES H AVE DESIGNATED THE 28
EMPLOYEE ORGANIZATIO N TO REPRESENT THEM IN THEIR EMPLOYMENT 29
RELATIONS WITH THE P UBLIC LIBRARY SYSTEM ADMINISTRATION . 30
(2) THE EMPLOYEE ORGANIZA TION SHALL COPY THE EMPLOYER ON 31
THE REQUEST FOR A NE UTRAL DECISION MAKER IN ORDER FOR THE PUB LIC 32
LIBRARY SYSTEM TO RE CEIVE NOTICE OF THE SELECTION OF THE NEU TRAL 33
DECISION MAKER FOR T HE CERTIFICATION PRO CESS. 34
8 SENATE BILL 591
(C) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , 1
WITHIN 2 CALENDAR DAYS AFTER THE DAY ON WHICH THE EMPLOYER RECEIVES 2
THE PETITION, THE EMPLOYER SHALL SUBMIT TO THE EMPLOYEE ORGANIZATIO N 3
AND NEUTRAL DECISION MAKER: 4
1. A LIST OF EMPLOYEES IN THE BARGAINING UNIT 5
THAT IDENTIFIES EACH EMPLOYEE THAT THE EM PLOYER CONTENDS SHOULD BE 6
EXCLUDED AS AN ELIGI BLE VOTER OR FROM TH E BARGAINING UNIT ; AND 7
2. A STATEMENT EXPLAINING THE REASON FOR EACH 8
EXCLUSION. 9
(II) IF A NEUTRAL DECISION MAKER HAS NOT BEEN S ELECTED 10
WHEN THE EMPLOYER IS REQUIRED TO SUBMIT T HE LIST REQUI RED UNDER 11
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE EMPLOYER SHALL I NSTEAD SUBMIT 12
THE LIST WITHIN 1 CALENDAR DAY AFTER T HE NEUTRAL DECISION MAKER HAS 13
BEEN SELECTED . 14
(III) IF THE EMPLOYER FAILS TO PROVIDE AN EXPLAN ATION AS 15
REQUIRED UNDER SUBPARAGRAPH (I)2 OF THIS PARAGRAPH , THE EMPLOYER MAY 16
NOT CHALLENGE THE EL IGIBILITY OF AN EMPL OYEE’S VOTE IN AN ELECTIO N OR THE 17
ELIGIBILITY TO SUBMI T A SHOWING OF INTER EST FORM FOR PURPOSE S OF 18
SUBSECTION (D)(3) OF THIS SECTION. 19
(2) IF THE EMPLOYER FAILS TO SUBMIT THE LIST OF EMPLOYEES TO 20
THE EMPLOYEE ORGANIZ ATION OR NEUTRAL DEC ISION MAKER WITHIN T HE 21
REQUIRED TIME , IT SHALL BE CONCLUSI VELY DEEMED THAT AT LEAST 30% OF THE 22
EMPLOYEES IN THE BAR GAINING UNIT HAVE IN DICATED A DESIRE TO BE 23
REPRESENTED BY THE E MPLOYEE ORGANIZAT ION. 24
(D) (1) THE NEUTRAL DECISION MAKER SHALL CHECK TH E WRITTEN 25
AUTHORIZATION CARDS SUBMITTED BY THE EMP LOYEE ORGANIZATION O R THE 26
EMPLOYEES AGAINST TH E LIST OF EMPLOYEES SUBMITTED BY THE EMP LOYER. 27
(2) IF THE NEUTRAL DECISI ON MAKER DETERMINES THAT AT LEAST 28
30% OF THE EMPLOYEES ON THE LIST HAVE INDICA TED A DESIRE TO BE 29
REPRESENTED BY THE E MPLOYEE ORGANIZATION OR TO DECERTIFY AN E XCLUSIVE 30
REPRESENTATIVE , THE NEUTRAL DECISION MAKER SHALL NOTIFY T HE EMPLOYER 31
OF THE DETERMINATION . 32
(3) IF THE EMPLOYEE ORGA NIZATION SUBMITS A S HOWING OF 33
INTEREST OF AT LEAST 50% OF THE EMPLOYEES IN AN UNREPRESENTED 34
BARGAINING UNIT : 35
SENATE BILL 591 9
(I) THE NEUTRAL DECISION MAKER SHALL ISSUE TO EACH 1
PARTICIPANT IN AN EL ECTION A CERTIFICATI ON OF REPRESENTATION ; AND 2
(II) THE EMPLOYER SHALL RECOGNIZE THE EMPLOYEE 3
ORGANIZATION AS THE CERTIFIED BARGAINING REPRESENTATIVE OF TH E 4
EMPLOYEES AT ISSUE . 5
(E) AN ELECTION MAY NOT B E CONDUCTED IN A BAR GAINING UNIT UNLESS 6
AT LEAST 1 YEAR HAS PASSED SINC E THE LAST ELECTION HELD IN THE BARGAINI NG 7
UNIT. 8
(F) (1) THE EMPLOYER SHALL NOTIFY ALL EMP LOYEES WITHIN THE 9
PROPOSED BARGAINING UNIT THAT AN ELECTIO N WILL BE HELD AND R EQUEST A 10
NEUTRAL DECISION MAK ER FROM THE FEDERAL MEDIATION AND CONCILIATION 11
SERVICE TO OVERSEE AN D CONDUCT AN ELECTIO N BY SECRET BALLOT. 12
(2) THE BALLOT FOR AN ELE CTION SHALL INCLUDE THE FOLLOWING 13
CHOICES: 14
(I) IN ACCORDANCE WITH TH E ISSUES PRESENTED B Y THE 15
PETITION OR PETITION S, EXCLUSIVE REPRESENTA TION BY ANY EMPLOYEE 16
ORGANIZATION SEEKING TO OBTAIN OR CONTINU E REPRESENTATION RIGHTS; AND 17
(II) NO EXCLUSIVE REPRESEN TATION. 18
(G) AN EMPLOYEE ORGANIZAT ION MAY INTERVENE IN THE ELECTION AND 19
HAVE ITS NAME PLACED ON THE BALLOT IF : 20
(1) THE EMPLOYEE ORGANIZA TION FILES A PETITIO N NOT MORE 21
THAN 15 CALENDAR DAYS AFTER THE DATE ON WHI CH THE ORIGINAL PETI TION IS 22
FILED; 23
(2) THE EMPLOYEE ORGANIZA TION CERTIFIES THAT AT LEAST 30% 24
OF THE EMPLOYEES OF THE UNIT: 25
(I) HAVE DESIGNATED THE E MPLOYEE ORGANIZATION TO 26
REPRESENT THEM IN TH EIR EMPLOYMENT RELAT IONS WITH THE PUBLIC LIBRARY 27
SYSTEM ADMINISTRATION ; OR 28
(II) ARE MEMBERS OF THE EM PLOYEE ORGANIZATION ; AND 29
(3) THE SHOWING OF INTERE ST IS VERIFIED AS PR OVIDED IN THIS 30
SECTION. 31
10 SENATE BILL 591
(H) (1) WITHIN 15 DAYS AFTER A NEUTRAL DECISION MAKER IS 1
SELECTED, THE NEUTRAL DECISION MAKER SHALL HOLD A C ONFERENCE WITH THE 2
PARTIES DURING WHICH ALL OBJECTIONS TO TH E PETITION AND THE C ONDUCT OF 3
THE ELECTION MUST BE RAISED. 4
(2) (I) THE ELECTION SHALL BE CONDUCTED : 5
1. ACCORDING TO THE PROC EDURES ESTABLISHED B Y 6
THE NEUTRAL DECISION MAK ER FROM THE FEDERAL MEDIATION AND 7
CONCILIATION SERVICE CONDUCTING TH E ELECTION; 8
2. SUBJECT TO SUBPARAGRA PH (II) OF THIS 9
PARAGRAPH , IN CONSULTATION WITH THE PARTIES THAT ATT ENDED THE 10
CONFERENCE REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION ; AND 11
3. WITHIN 90 DAYS AFTER THE DAY O F FILING THE 12
PETITION WITH THE EM PLOYER. 13
(II) 1. AN EMPLOYEE ORGANIZAT ION ON A BALLOT MAY 14
REQUEST A PREFERRED METHOD OF VOTING . 15
2. THE NEUTRAL DECISION MAKER SHALL DESIGNAT E 16
THE METHOD OF VOTING BASED ON THE REQUEST OF THE EM PLOYEE 17
ORGANIZATIONS ON THE BALLOT. 18
3. IF THERE IS A DISPUTE BETWEEN TWO OR MORE 19
EMPLOYEE ORGANIZATIO NS ON THE BALLOT OVE R THE METHOD OF VOTI NG, THE 20
NEUTRAL DECISION MAK ER MAY DESIGNATE THE METHOD OF VOTING . 21
(3) AN EMPLOYEE ORGANIZAT ION SHALL BE CERTIFIED AS 22
EXCLUSIVE REPRESENTA TIVE FOLLOWING AN EL ECTION IF THE EMPLOY EE 23
ORGANIZATION HAS REC EIVED THE VOTE OF A MAJORITY OF THE VALI D VOTES CAST 24
IN THE BARGAINING UN IT IN WHICH THE ELEC TION IS HELD. 25
(4) (I) IF AN ELECTION INCLUD ES THREE OR MORE CHO ICES AND 26
NO CHOICE RECEIVES A MAJORITY OF THE VALI D VOTES CAST , THE NEUTRAL 27
DECISION MAKER SHALL CONDUCT A RUNOFF ELE CTION BETWEEN THE TW O 28
CHOICES THAT RECEIVE D THE LARGEST NUMBER OF VALID VOTES CAST . 29
(II) THE CHOICE RECEIVING THE MAJORITY OF THE VALID 30
VOTES CAST IN THE RU NOFF ELECTION SHALL BE CERTIFIED. 31
(5) THE NEUTRAL DECISION MAKER CONDUCTING THE ELECTION 32
SHALL ISSUE TO ALL T HE PARTICIPANTS IN A N ELECTION A CERTIFI CATION OF 33 SENATE BILL 591 11
REPRESENTATION , IF AN EMPLOYEE ORGAN IZATION IS CERTIFIED , OR THE RESULTS 1
OF THE ELECTION , IF NO REPRESENTATIVE IS CHOSEN. 2
(I) (1) IF THE EMPLOYER DISAGREES WITH THE P ETITIONING EMPLOYEE 3
ORGANIZATION OR THE PETITIONING EMPLOYEE S AS TO THE INCLUSIO N OR 4
EXCLUSION OF SPECIFI C EMPLOYEES AND CLAS SIFICATIONS OF EMPLO YEES IN THE 5
BARGAINING UNIT, ALL THE EMPLOYEES IN THE PETITIONED –FOR GROUP SHALL 6
HAVE THE OPPORTUNITY TO VOTE IN THE ELECT ION. 7
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE BALLOTS 8
OF CHALLENGED EMPLOY EES SHALL REMAIN SEA LED AND BE SET ASIDE UNTIL THE 9
BALLOTS OF EMPLOYEES WHO ARE NO T IN DISPUTE HAVE BE EN TALLIED. 10
(3) (I) IF THE TOTAL NUMBER O F BALLOTS OF CHALLEN GED 11
EMPLOYEES DOES NOT H AVE AN IMPACT ON THE ELECTION RESULT : 12
1. THE PARTIES MAY NOT C OUNT THE BALLOTS OF 13
CHALLENGED EMPLOYEES ; AND 14
2. THE NEUTRAL DECISION MAK ER SHALL RESOLVE THE 15
DISPUTE OVER THE CHA LLENGED EMPLOYEES AF TER THE ELECTION IS CERTIFIED 16
THROUGH A HEARING . 17
(II) IF THE TOTAL NUMBER O F BALLOTS OF CHALLEN GED 18
EMPLOYEES DOES HAVE AN IMPACT ON THE ELE CTION RESULT, THE PARTIES SHALL 19
IMMEDIATELY REFER TH E DISPUTE TO THE NEU TRAL DECISION MAKER FROM THE 20
FEDERAL MEDIATION AND CONCILIATION SERVICE TO RESOLVE TH E DISPUTE 21
THROUGH A HEARING . 22
(4) (I) THE NEUTRAL DECISION MAKER SHALL HOLD A H EARING 23
ON THE DISPUTE REFER RED UNDER PARAGRAPH (3)(II) OF THIS SUBSECTION : 24
1. WITH THE PARTIES PRES ENTING EVIDENCE ON T HEIR 25
POSITIONS; AND 26
2. WITHIN 30 DAYS AFTER THE ELECT ION HAS 27
CONCLUDED . 28
(II) IF THE NEUTRAL DECISI ON MAKER FINDS THAT 29
CHALLENGED EMPLOYEES ARE PROPERLY INCLUDE D WITHIN THE B ARGAINING 30
UNIT, THE BALLOTS OF THE C HALLENGED EMPLOYEES SHALL BE COUNTED IN THE 31
TOTAL TALLY FOR THE ELECTION. 32
12 SENATE BILL 591
(III) 1. THE NEUTRAL DECISION MAKER SHALL ISSUE A 1
DECISION WITHIN 30 DAYS AFTER THE HEARI NG CONCLUDES . 2
2. THE NEUTRAL DECISION MAKER’S FINDINGS SHALL 3
BE FINAL AND BINDING ON THE PARTIES . 4
(J) (1) IF EMPLOYEES ARE REPR ESENTED BY AN EMPLOY EE 5
ORGANIZATION , EMPLOYEES MAY FILE A PETITION WITH THE EM PLOYER THAT 6
CONTAINS THE FOLLOWI NG: 7
(I) AN ASSERTION THAT THE MAJORITY OF THE EMPL OYEES NO 8
LONGER WISH TO BE RE PRESENTED BY THE EMP LOYEE ORGANIZATION ; 9
(II) A STATEMENT THAT THE E MPLOYEES HAVE IN THE IR 10
POSSESSION SUBSTANTI VE DOCUMENTARY PROOF , DATED NOT MORE THAN 6 11
MONTHS BEFORE THE DA Y ON WHICH THE PETIT ION IS FILED, THAT AT LEAST 30% 12
OF THE EMPLOYEES WITHIN THE BARGAINING UNIT APPR OVE OF THE 13
DECERTIFICATION OF T HE EMPLOYEE ORGANIZA TION; AND 14
(III) A STATEMENT EXPLAINING THAT THE EMPLOYEES A RE 15
SEEKING DECERTIFICAT ION OF THE EMPLOYEE ORGANIZATION AS THE EXCLUSIVE 16
REPRESENTATIVE FOR T HE BARGAINING UNIT. 17
(2) (I) THE PETITION SHALL BE PROCESSED AS DESCRIB ED IN 18
THIS SECTION , INCLUDING VERIFICATI ON OF PROOF OF INTER EST AND AN 19
ELECTION. 20
(II) AN EMPLOYEE ORGANIZAT ION SHALL BE DECERTI FIED AS 21
EXCLUSIVE REPRESENTA TIVE FOLLOWING AN EL ECTION IF THE MAJORITY OF THE 22
VALID VOTES CAST IN THE UNIT IN WHICH TH E ELECTION IS HELD A RE FOR NO 23
REPRESENTATION . 24
23–908. 25
(A) IF AN EMPLOYEE ORGANI ZATION IS CERTIFIED AS DESCRIBED IN THIS 26
SUBTITLE, THE EMPLOYER AND THE EMPLOYEE ORGANIZATIO N SHALL ENTER INTO 27
A COLLECTIVE BARGAINING AGREEMENT THAT CONTA INS PROVISIONS REGAR DING: 28
(1) WAGES, HOURS, AND TERMS AND CONDIT IONS OF EMPLOYMENT ; 29
(2) THE ORDERLY PROCESSIN G AND SETTLEMENT OF GRIEVANCES 30
REGARDING THE INTERP RETATION AND IMPLEME NTATION OF THE COLLE CTIVE 31
BARGAINING AGREEMENT TH AT CULMINATE IN FINA L AND BINDING ARBITR ATION, 32
INCLUDING APPEALS OF DISCIPLINARY AND OTH ER ADVERSE PERSONNEL ACTIONS 33 SENATE BILL 591 13
SUBJECT TO JUDICIAL REVIEW UNDER THE MARYLAND UNIFORM ARBITRATION 1
ACT; AND 2
(3) OTHER TOPICS THAT THE PARTIES MAY MUT UALLY AGREE TO 3
THAT WERE SUITABLE F OR BARGAINING . 4
(B) (1) THE EMPLOYER AUTOMATI CALLY SHALL DEDUCT F ROM THE 5
PAYCHECK OF AN EMPLO YEE WHO IS A MEMBER OF THE BARGAINING UN IT 6
REPRESENTED BY THE C ERTIFIED EXCLUSIVE R EPRESENTATIVE DUES A UTHORIZED 7
AND OWED BY TH E EMPLOYEE TO THE CE RTIFIED EXCLUSIVE RE PRESENTATIVE IF 8
THE EMPLOYEE SUBMITS TO THE EMPLOYER A DU ES DEDUCTION AUTHORI ZATION 9
THAT HAS BEEN DULY E XECUTED BY THE EMPLO YEE. 10
(2) ANY DUES DEDUCTED FRO M PAYCHECKS UNDER PA RAGRAPH (1) 11
OF THIS SUBSECTION S HALL BE REMITTED TO THE CERT IFIED EXCLUSIVE 12
REPRESENTATIVE . 13
(3) THE EMPLOYER AUTOMATI CALLY SHALL STOP MAK ING PAYROLL 14
DEDUCTIONS UNDER PAR AGRAPH (1) OF THIS SUBSECTION O N BEHALF OF A 15
CERTIFIED EXCLUSIVE REPRESENTATIVE IF : 16
(I) THE CERTIFIED EXCLUSI VE REPRESE NTATIVE IS 17
DECERTIFIED; 18
(II) THE CERTIFIED EXCLUSI VE REPRESENTATIVE ’S RIGHT TO 19
DUES IS REVOKED UNDE R § 23–913(D)(3) OF THIS SUBTITLE; 20
(III) THE EMPLOYEE CEASES T O BE A MEMBER OF THE 21
BARGAINING UNIT REPR ESENTED BY THE CERTI FIED EXCLUSIVE REPRE SENTATIVE; 22
OR 23
(IV) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION , THE 24
EMPLOYEE REVOKES THE AUTHORIZATION FOR PA YMENTS TO THE EXCLUS IVE 25
REPRESENTATIVE IN AC CORDANCE WITH THE PR OCEDURES PROVIDED IN A DUES 26
DEDUCTION AUTHORIZAT ION. 27
(4) THE PROCEDURES PROVID ED IN A DUES DEDUCTION 28
AUTHORIZATION UTILIZ ED UNDER THIS SUBSEC TION SHALL ALLOW FOR A 29
REVOCATION OF THE AU THORIZATION FOR PAYM ENTS TO THE EXCLUSIV E 30
REPRESENTATIVE AT LE AST ANNUALLY . 31
(C) THIS SECTION MAY NOT BE CONSTRUED TO : 32
14 SENATE BILL 591
(1) AUTHORIZE OR OTHERWIS E ALLOW AN EMPLOYEE TO ENGAGE IN 1
A STRIKE OR WORK STO PPAGE, AS THOSE TERMS ARE D EFINED IN § 23–913 OF THIS 2
SUBTITLE; OR 3
(2) RESTRICT THE AUTHORIT Y OF THE GOVERNING B ODY TO 4
DETERMINE THE BUDGET OF THE EMPLOYER . 5
(D) (1) A COLLECTIVE BARGAININ G AGREEMENT E NTERED INTO UNDER 6
SUBSECTION (A) OF THIS SECTION SHAL L BE EFFECTIVE ON RA TIFICATION BY THE 7
MAJORITY OF VOTES CA ST BY THE EMPLOYEES IN THE BARGAINING UN IT AND 8
APPROVAL BY THE DIRE CTOR AND THE EMPLOYE R. 9
(2) A SINGLE–YEAR OR MULTIYEAR CO LLECTIVE BARGAINING 10
AGREEMENT SHALL EXPI RE AT THE CLOSE OF T HE COUNTY’S FISCAL YEAR. 11
23–909. 12
(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 13
THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL REACH 14
AN AGREEMENT BY FEBRUARY 1 OF THE YEAR IN WHICH A COLLECTIVE BARGAIN ING 15
AGREEMENT WILL EXPIR E. 16
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE 17
EMPLOYER AND THE CER TIFIED EXCLUSIVE REP RESENTATIVE MUTUALLY MAY 18
AGREE TO EXTEND NEGO TIATIONS FOR A PERIO D NOT TO EXTEND PAST JUNE 30 OF 19
THE YEAR IN WHI CH A COLLECTIVE BARG AINING AGREEMENT WIL L EXPIRE. 20
(3) ANY EXTENSION MUST AC KNOWLEDGE ANY RELEVA NT COUNTY 21
BUDGETARY DEADLINES IN WRITING TO ENSURE THAT PARTIES MEET CR UCIAL 22
FUNDING DEADLINES . 23
(B) AN IMPASSE IS REACHED DURING THE NEGOTIATI ONS BETWEEN TH E 24
EMPLOYER AND THE CER TIFIED EXCLUSIVE REP RESENTATIVE IF THE E MPLOYER 25
AND THE CERTIFIED EX CLUSIVE REPRESENTATI VE DO NOT REACH AN A GREEMENT 26
BY: 27
(1) STATING THEY HAVE MUT UALLY AGREED THAT TH EY ARE AT AN 28
IMPASSE; 29
(2) FEBRUARY 1 OF THE YEAR IN WHICH A COLLECTIVE BARGAINING 30
AGREEMENT WILL EXPIR E; OR 31
(3) IF NEGOTIATIONS WERE EXTENDED, THE DATE TO WHICH 32
NEGOTIATIONS WERE EX TENDED UNDER SUBSECT ION (A)(2) OF THIS SECTION. 33 SENATE BILL 591 15
(C) (1) IF AN IMPASSE IS REAC HED UNDER SUBSECTION (B) OF THIS 1
SECTION, THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL 2
EACH SUBMIT A FINAL OFFER TO THE OTHER PARTY W ITHIN 48 HOURS AFTER THE 3
IMPASSE IS REACHED . 4
(2) UNLESS THE IMPASSE RE ACHED UNDER SUBSECTION (B) OF THIS 5
SECTION HAS BEEN RES OLVED, THE DISPUTE AND THE FINAL OFFERS SHALL B E 6
SUBMITTED TO THE MED IATOR SELECTED BY TH E PARTIES IN ACCORDA NCE WITH 7
SUBSECTION (D) OF THIS SECTION. 8
(D) (1) WITHIN 30 DAYS AFTER A MEDIATO R IS SELECTED BY THE 9
PARTIES, THE MEDIATOR SHALL : 10
(I) MEET WITH THE EMPLOYE R AND THE CERTIFIED 11
EXCLUSIVE REPRESENTA TIVE; AND 12
(II) MAKE WRITTEN FINDINGS OF FACT AND 13
RECOMMENDATIONS FOR THE RESOLUTION OF TH E DISPUTE IN ACCORDA NCE WITH 14
THIS SUBSECTION . 15
(2) (I) IF THE PARTIES ARE UNABLE TO AGREE ON A MEDIATOR , 16
THEY SHALL REQUEST A LIST OF SEVEN MEDIAT ORS FROM THE FEDERAL 17
MEDIATION AND CONCILIATION SERVICE. 18
(II) 1. SUBJECT TO SUBSUBPARA GRAPH 2 OF THIS 19
SUBPARAGRAPH , WITHIN 3 WORKING DAYS AFTER R ECEIVING THE LIST UN DER 20
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE PARTIES SHALL AL TERNATELY 21
REMOVE ONE MEDIATOR FROM THE LIST UNTIL ONLY ONE MEDIATOR RE MAINS, WHO 22
THE PARTIES SHALL AG REE WILL SERVE AS TH E MEDIATOR UNDER THI S 23
SUBSECTION. 24
2. THE PARTIES SHALL SEL ECT WHICH PARTY REMOVES 25
THE FIRST MEDIATOR F ROM THE LIST BY USIN G A SELECTION METHOD THAT IS 26
RANDOM AND OF EQUAL CHANCE FOR BOTH PART IES. 27
(3) THE MEDIATOR SHALL AC T AS AN INTERMEDIARY IN BRINGING 28
THE PARTIES TOGETHER AND SHALL ACTIVELY A SSIST THE PARTIES IN RESOLVING 29
THE DISPUTE BY: 30
(I) CONDUCTING PROCEEDING S IN ACCORDANCE WITH THIS 31
SUBSECTION; 32
16 SENATE BILL 591
(II) IDENTIFYING THE MAJOR ISSUES IN THE DISPUT E BETWEEN 1
THE PARTIES; 2
(III) REVIEWING THE POSITIO NS OF THE PARTIES ; AND 3
(IV) RECOMMENDING A RESOLU TION FOR THE AG REEMENT OF 4
THE PARTIES. 5
(4) A RESOLUTION UNDER THI S SUBSECTION: 6
(I) SHALL ADDRESS MATTERS SUCH AS WAGES , HOURS, OR 7
TERMS AND CONDITIONS OF EMPLOYMENT ; 8
(II) EXCEPT FOR COSTS ASSE SSED TO EMPLOYEES FO R HEALTH 9
CARE BENEFITS , MAY NOT INCLUDE HEAL TH CARE BENEFITS UNLESS THE BENEFITS 10
ARE CONTRACTED DIREC TLY THROUGH THE PUBL IC LIBRARY SYSTEM ; AND 11
(III) MAY NOT EXCEED 1 FISCAL YEAR, UNLESS AGREED TO BY 12
THE PARTIES. 13
(5) (I) ANY RESOLUTION UNDER THIS SUBSECTION REGA RDING 14
PENSION BENEFITS SHA LL BE CO NSTRUED AS A RECOMME NDATION FOR 15
CONSIDERATION BY THE PENSION SPONSOR OF THE STATE OR RESPECTIVE 16
COUNTY. 17
(II) A CHANGE MAY NOT BE MA DE TO PENSION BENEFI TS 18
UNLESS AN APPROPRIAT E PLAN AMENDMENT IS ADOPTED BY THE PLAN SPONSOR 19
OF THE STATE OR RESPECTIVE COUNTY. 20
(6) (I) BEFORE ISSUING A FINA L DECISION, THE MEDIATOR SHALL 21
TAKE INTO CONSIDERAT ION, AMONG ANY OTHER RELE VANT FACTORS : 22
1. THE WAGES AND PENSION BENEFITS, NOT INCLUDING 23
HEALTH CARE BENEFITS , OF THE EMPLOYEES OF THE BARGAINING UNIT ; 24
2. THE WAGES AND PENSION BENEFITS OF OTHER 25
SIMILARLY SITUATED E MPLOYEES PERFORMING SIMILAR SERVICES IN LIBRARIES 26
OF COMPARABLE COUNTI ES IN THE STATE, TAKING INTO CONSIDER ATION THE 27
COST–OF–LIVING INDEX FOR THE AREA IN WHICH THE CO MPARABLE COUNTY IS 28
LOCATED; 29
3. WAGES AND PENSION BEN EFITS OF SIMILARLY 30
SITUATED COUNTY EMPL OYEES; 31
SENATE BILL 591 17
4. THE LAST PUBLISHED AN NUAL U.S. DEPARTMENT OF 1
LABOR CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR ALL ITEMS IN 2
THE WASHINGTON–BALTIMORE AREA ; 3
5. THE SPECIAL NATURE OF THE WORK PERFORMED BY 4
THE EMPLOYEES OF THE BARGAINING UNIT , INCLUDING: 5
A. PHYSICAL REQUIREMENTS OF EMPLOYMENT ; 6
B. EDUCATIONAL REQUIREME NTS; 7
C. JOB TRAINING AND JOB SKILLS; AND 8
D. SHIFT ASSIGNMENTS AND THE DEMANDS PLACED O N 9
THE EMPLOYEES COMPARED TO THE DEMA NDS PLACED ON OTHER SIMILARLY 10
SITUATED LIBRARY EMP LOYEES IN COMPARABLE COUNTY JURISDICTIONS ; 11
6. STATE AND COUNTY MAND ATED EXPENDITURES ; 12
7. SUBJECT TO SUBPARAGRA PH (II) OF THIS 13
PARAGRAPH , AVAILABILITY OF FUND S, INCLUDING FINANC IAL SOURCES OF 14
REVENUE; AND 15
8. THE INTEREST AND WELF ARE OF THE PUBLIC . 16
(II) IN CONSIDERING THE AV AILABILITY OF FUNDS FOR WAGE 17
INCREASES, THE MEDIATOR SHALL C ONSIDER THE GENERAL FUND REVENUES OF 18
THE RESPECTIVE COUNT Y AND ANY RELATED CO UNTY REPORTS ON REVENUES . 19
(7) A MEDIATOR MAY NOT CONSIDER TESTIMONY R EGARDING FUNDS 20
FOR CAPITAL IMPROVEM ENTS, SURPLUS CONTINGENCY , OR RESERVE FUNDS . 21
(8) (I) THE PARTIES ARE STRON GLY ENCOURAGED TO RE ACH AN 22
AGREEMENT ON ALL ISS UES WHENEVER POSSIBL E. 23
(II) IF NO AGREEMENT CAN BE REA CHED BY THE PARTIES , THE 24
MEDIATOR SHALL ISSUE A REPORT WITH THE ME DIATOR’S DECISION, INCLUDING 25
WRITTEN FINDINGS OF FACT. 26
(9) THE MEDIATOR MAY ADOP T A PACKAGE OF FINAL POSITIONS OR 27
RULE ON EACH MATTER SEPARATELY. 28
(10) THE MEDIATOR SHALL SUBMIT COPIES OF THE MEDIATOR ’S 29
WRITTEN FINDINGS AND RECOMMENDATIONS TO T HE EMPLOYER AND THE 30 18 SENATE BILL 591
CERTIFIED EXCLUSIVE REPRESENTATIVE ON OR BEFORE THE IMMEDIATE LY 1
FOLLOWING APRIL 2. 2
(11) ANY COSTS ASSOCIATED WITH THIS SUBSECTION SHALL BE 3
SHARED EQUALLY BY THE EMPLOYER AND THE CERTIFIED EXCLUS IVE 4
REPRESENTATIVE . 5
(12) THIS SUBSECTION MAY N OT BE CONSTRUED TO I NTERFERE WITH 6
ANY EFFORTS THE PART IES MAY UNDERTAKE TO REACH AN AGREEMENT A T ANY 7
TIME. 8
(13) THE GOVERNING BODY IS NOT BOUND BY ANY DEC ISION MADE 9
UNDER THIS SUBSECTIO N. 10
(14) THE PROCEDURE IN THIS SUBSECTION SHALL BE THE EXCLUSIVE 11
PROCEDURE FOR RESOLV ING DISPUTES BETWEEN THE PARTIES , UNLESS THE 12
PARTIES, BY MUTUAL AGREEMENT , DETERMINE TO USE ANO THER METHOD OF 13
DISPUTE RESOLUTION . 14
(E) (1) THE MEDI ATOR SHALL SUBMIT THE FIN DINGS AND 15
RECOMMENDATIONS OF T HE MEDIATOR TO THE E MPLOYER IN A TIMELY MANNER 16
CONSISTENT WITH THE TIMING OF PARAGRAPH (2) OF THIS SUBSECTION . 17
(2) THE EMPLOYER SHALL AP PROVE ALL RECOMMENDA TIONS AND 18
FINDINGS OF THE MEDI ATOR THAT DO NOT REQUIRE AN APPRO PRIATION OF 19
ADDITIONAL FUNDS WIT HIN 5 DAYS AFTER THE MEDIA TOR’S DECISION. 20
23–910. 21
(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 22
EMPLOYER SHALL SUBMI T A TERM OF A COLLEC TIVE BARGAINING AGRE EMENT OR 23
MEMORANDUM OF UNDERSTANDING ENTERE D INTO UNDER THIS SU BTITLE TO THE 24
GOVERNING BODY WITH THE EMPLOYER ’S RECOMMENDATION REG ARDING 25
WHETHER THE AGREEMEN T OR THE MEDIATOR ’S DECISION REQUIRES AN 26
APPROPRIATION OF ADD ITIONAL FUNDS. 27
(2) THE SUBMISSION REQUIR ED UNDER THIS SUBS ECTION SHALL BE 28
MADE BEFORE THE FIRS T MEETING OF THE GOV ERNING BODY THAT IMM EDIATELY 29
FOLLOWS AN AGREEMENT BEING REACHED , TO ENSURE ANY RELEVA NT COUNTY 30
BUDGETARY DEADLINES ARE NOT MISSED . 31
(B) (1) THE GOVERNING BODY MA Y APPROVE OR REJECT A REQUEST FOR 32
ADDITIONAL FUNDING UNDER SUBSECTION (A) OF THIS SECTION , IN WHOLE OR IN 33
PART. 34 SENATE BILL 591 19
(2) IF THE GOVERNING BODY APPROVES A REQUEST U NDER 1
PARAGRAPH (1) OF THIS SUBSECTION , THE GOVERNING BODY S HALL TAKE ALL 2
ACTIONS NECESSARY TO PROCESS THE REQUEST FOR ADDITIONAL FUND ING. 3
(C) (1) IF ANY PART OF A REQU EST FOR ADDITIONAL F UNDING 4
SUBMITTED TO THE GOV ERNING BODY UNDER TH IS SUBSECTION IS REJ ECTED, THE 5
REQUEST FOR ADDITION AL FUNDS SHALL BE RE TURNED TO THE EMPLOY ER AND 6
THE CERTIFIED EXCLUS IVE REPRESENTATIVE F OR RENEGOTIATIO N WITHIN THE 7
LIMITS OF THE FUNDIN G ALLOCATED BY THE G OVERNING BODY . 8
(2) THE RENEGOTIATION SHA LL BE COMPLETED WITH IN A 9
TIMETABLE ESTABLISHE D BY THE GOVERNING B ODY. 10
(3) (I) IF AN IMPASSE IS REAC HED, THE EMPLOYER AND THE 11
CERTIFIED EXCLUSIVE REPRESENTATI VE SHALL EACH SUBMIT A FINAL OFFER , 12
WITHIN THE LIMITS OF THE FUNDING ALLOCATE D BY THE GOVERNING B ODY, FOR 13
THE REVIEW OF THE GO VERNING BODY . 14
(II) THE GOVERNING BODY SH ALL SELECT ONE OF TH E OFFERS 15
SUBMITTED UNDER SUBP ARAGRAPH (I) OF THIS PARAGRAPH . 16
(III) THE SELECTION OF THE GOVERNING BODY IS BI NDING ON 17
ALL PARTIES. 18
(D) (1) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE 19
REPRESENTATIVE ARE M UTUALLY OBLIGATED TO : 20
(I) MEET AT REASONABLE TI MES IN CONSIDERATION OF THE 21
COUNTY’S BUDGET SUBMISSION DATE; AND 22
(II) NEGOTIATE IN GOOD FAI TH ON: 23
1. WAGES, HOURS, AND TERMS AND CONDIT IONS OF 24
EMPLOYMENT ; AND 25
2. DRAFTING A WRITTEN CO LLECTIVE BARGAINING 26
AGREEMENT THAT CONTA INS ALL MATTERS AGRE ED ON AND IS SIGNED BY 27
AUTHORIZED REPRESENT ATIVES OF BOTH PARTI ES. 28
(2) THE OBLIGATION TO NEG OTIATE IN GOOD FAITH UNDER 29
PARAGRAPH (1)(II) OF THIS SUBSECTION : 30
20 SENATE BILL 591
(I) REQUIRES THAT AN EFFO RT BE MADE BY BOTH P ARTIES TO 1
ARRIVE AT AN AGREEME NT AND REDUCE THE AG REEMENT T O WRITING WITHIN A 2
REASONABLE PERIOD OF TIME; AND 3
(II) DOES NOT REQUIRE THAT ANY CONCESSION BE MA DE BY 4
EITHER PARTY. 5
23–911. 6
(A) AN EMPLOYER MAY PROVI DE TO A REPRESENTATI VE OF THE EXCLUSIVE 7
REPRESENTATIVE : 8
(1) RELEASE TIME; AND 9
(2) ACCESS TO R OUTINE SERVICES AND FACILITIES OF THE 10
EMPLOYER. 11
(B) THE EMPLOYER OR ITS O FFICERS OR AGENTS MA Y NOT: 12
(1) INTERFERE WITH , COERCE, UNDULY INFLUENCE , OR RESTRAIN 13
AN EMPLOYEE ’S EXERCISE OF RIGHTS UNDER THIS SUBTITLE ; 14
(2) EXCEPT AS PROVIDED IN SUBSECTION (A) OF THIS SECTION , 15
DOMINATE, SURVEIL, INTERFERE WITH , ASSIST IN THE FORMAT ION, 16
ADMINISTRATION , OR EXISTENCE OF , OR CONTRIBUTE FINANC IAL ASSISTANCE OR 17
OTHER SUPPORT TO AN EMPLOYEE ORGANIZATIO N; 18
(3) ENCOURAGE OR DISCOURA GE MEMBERSHIP IN AN EMPLOYEE 19
ORGANIZATION BY DISCRIM INATING AGAINST AN E MPLOYEE THROUGH HIRI NG, 20
TENURE, PROMOTION , OR OTHER CONDITIONS OF EMPLOYMENT ; 21
(4) REFUSE TO BARGAIN IN GOOD FAITH WITH AN E MPLOYEE 22
ORGANIZATION THAT IS THE EXCLUSIVE REPRES ENTATIVE OF THE EMPL OYEES; OR 23
(5) SPEND PUBLIC MONEY , USE PUBLIC RESOURCES , OR PROVIDE 24
ASSISTANCE TO AN IND IVIDUAL OR GROUP FOR A NEGATIVE CAMPAIGN AGAINST 25
EFFORTS BY EMPLOYEES OR AN EMPLOYEE ORGAN IZATION TO: 26
(I) GAIN OR RETAIN COLLEC TIVE BARGAINING RIGH TS OR TO 27
CERTIFY AN EMPLOYEE ORGANIZATION AS AN EXCLUSIV E REPRESENTATIVE ; OR 28
(II) CERTIFY AN EMPLOYEE O RGANIZATION AS AN EX CLUSIVE 29
REPRESENTATIVE . 30
SENATE BILL 591 21
(C) AN EMPLOYEE ORGANIZAT ION MAY NOT: 1
(1) INTERFERE WITH , COERCE, UNDULY INFLUENCE , OR RESTRAIN 2
AN EMPLOYEE ’S EXERCISE OF RIGHTS UNDER THIS SUBTITLE; 3
(2) CAUSE OR ATTEMPT TO C AUSE THE EMPLOYER TO DISCRIMINATE 4
AGAINST AN EMPLOYEE BECAUSE THE EMPLOYEE EXERCISES A RIGHT UN DER THIS 5
SUBTITLE; 6
(3) DISCIPLINE OR FINE A MEMBER OF THE EMPLOY EE 7
ORGANIZATION AS PUNI SHMENT OR REPRISAL ; 8
(4) DISCIPLINE OR FINE A MEMBER OF THE EMPLOY EE 9
ORGANIZATION FOR THE PURPOSE OF IMPEDING THE MEMBER ’S WORK 10
PERFORMANCE ; 11
(5) REFUSE TO BARGAIN IN GOOD FAITH WITH THE EMPLOYER OR TO 12
PARTICIPATE IN GOOD FAITH IN A PROCEDURE UNDER THIS SUBTITLE ; OR 13
(6) UNFAIRLY REPRESENT EMPLOYE ES IN COLLECTIVE BAR GAINING 14
OR IN ANY OTHER MATT ER IN WHICH THE EMPL OYEE ORGANIZATION HA S THE DUTY 15
OF FAIR REPRESENTATI ON. 16
(D) (1) AN EMPLOYEE WHO IS A MEMBER OF A BARGAINI NG UNIT WITH A 17
CERTIFIED EXCLUSIVE REPRESENTATIVE MAY , WITHOUT THE INTERVENTION OF AN 18
EMPLOYEE ORGANIZATIO N, DISCUSS ANY MATTER W ITH THE EMPLOYER . 19
(2) THIS SUBSECTION DOES NOT WAIVE THE RIGHT OF THE 20
EMPLOYEE ORGANIZATIO N TO BE THE EXCLUSIV E BARGAINING REPRESE NTATIVE 21
FOR ISSUES RELATED T O WAGES, HOURS, AND WORKING CONDITIONS AND IS NO T 22
INTENDED TO CREATE A N ALTERNATE PATH TO ALTER TERMS AND COND ITIONS OF 23
THE COLLECTIVE BARGA INING AGREEMENT BETW EEN THE PARTIES . 24
23–912. 25
(A) NOTWITHSTANDING ANY O THER PROVISIONS OF L AW, IT IS THE 26
EXCLUSIVE RIGHT OF T HE EMPLOYER TO : 27
(1) DETERMINE THE PURPOSE S AND OBJECTIVES OF EACH OF ITS 28
CONSTITUENT OFFICES AND DEPARTMENTS ; 29
(2) SET STANDARDS OF SERV ICES TO BE OFFERED T O THE PUBLIC; 30
22 SENATE BILL 591
(3) EXERCISE CONTROL AND DISCRETION OVER ITS ORGANIZATION 1
AND OPERATIONS ; AND 2
(4) DETERMINE THE METHODS , MEANS, PERSONNEL , AND OTHER 3
RESOURCES BY WHICH T HE EMPLOYER ’S OPERATIONS ARE TO BE CONDUCTED , 4
INCLUDING: 5
(I) THE USE OF VOLUNTEERS ; AND 6
(II) THE CONTRACTING OUT O F WORK IF CONSIDERED 7
NECESSARY. 8
(B) SUBJECT TO APPLICABLE PROVISIONS OF A COLLECTIVE BARGAIN ING 9
AGREEMENT AND IN ACC ORDANCE WITH THE RES PECTIVE COUNTY CHART ER AND 10
OTHER APPLICABLE LAW S, THE EMPLOYER MAY : 11
(1) DIRECT ITS EMPLOYEES ; 12
(2) HIRE, PROMOTE, TRANSFER, ASSIGN, OR RETAIN EMPLOYEES ; 13
(3) ESTABLISH REASONABLE WORK RULES; AND 14
(4) DEMOTE, SUSPEND, DISCHARGE, OR TAKE ANY OTHER 15
DISCIPLINARY ACTION AGAINST ITS EMPLOYEE S FOR JUST CAUSE . 16
(C) THE PROVISIONS OF THI S SECTION SHALL BE D EEMED TO BE PART OF 17
EVERY AGREEMENT EXEC UTED BETWEEN THE EMP LOYER AND A CERTIFIE D 18
EXCLUSIVE REPRESENTATIVE . 19
(D) THIS SECTION MAY NOT BE CONSTRUED TO DENY THE RIGHT OF AN 20
EMPLOYEE TO SUBMIT A GRIEVANCE WITH REGAR D TO THE EMPLOYER ’S EXERCISE 21
OF ITS RIGHTS UNDER THIS SECTION. 22
(E) EXCEPT AS OTHERWISE P ROVIDED BY LAW , IF EMPLOYEES HAVE 23
ENTERED INTO A COLLECTIVE BARGAINING AGREEMENT WITH THE EMPLOYER 24
UNDER THIS SUBTITLE , THE COLLECTIVE BARGA INING AGREEMENT ENTE RED INTO 25
SUPERSEDES ANY CONFL ICTING REGULATION OR ADMINISTRATIVE POLIC Y OF THE 26
EMPLOYER. 27
23–913. 28
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEA NINGS 29
INDICATED. 30
SENATE BILL 591 23
(2) “LOCKOUT” MEANS THE TEMPORARY WITHHOLDING OF WORK , BY 1
MEANS OF SHUTTING DO WN AN OPERATION OR F UNCTION IN ORDER TO BRING 2
PRESSURE ON EMPLOYEE S OR ON THEIR REPRES ENTATIVES TO ACCEPT A CHANGE 3
IN COMPENSATION OR R IGHTS, PRIVILEGES, OBLIGATIONS, OR OTHER TERMS AND 4
CONDITIONS OF EMPLOY MENT. 5
(3) “SECONDARY BOYCOTT ” MEANS AN ACTIVITY BY AN EMPLOYEE 6
ORGANIZATION OR ITS MEMBERS THAT IS INTE NDED TO INDUCE , ENCOURAGE , OR 7
COERCE PERSONS DOING BUSINESS WITH THE EM PLOYER TO W ITHHOLD, 8
WITHDRAW, OR IN ANY RESPECT CU RTAIL THEIR BUSINESS RELATIONS WITH THE 9
COUNTY. 10
(4) “STRIKE” MEANS THE REFUSAL OR FAILURE BY AN EMPLOY EE OR 11
GROUP OF EMPLOYEES T O PERFORM THEIR DUTI ES OF EMPLOYMENT AS ASSIGNED 12
IF A PURPOSE OF THE REFUSAL OR FAILUR E IS TO INDUCE, FORCE, OR REQUIRE THE 13
EMPLOYER TO ACT OR R EFRAIN FROM ACTING W ITH REGARD TO ANY MA TTER. 14
(5) “WORK STOPPAGE ” MEANS: 15
(I) THE WILLFUL ABSENCE O F A GROUP OF EMPLOYE ES FROM 16
THEIR POSITIONS ; 17
(II) THE ENGAGING IN A SLO WDOWN BY EMPLOYEES ; OR 18
(III) THE REFUSAL OF EMPLOY EES TO PERFORM JOB D UTIES. 19
(B) IN GENERAL, STRIKES, WORK STOPPAGES , LOCKOUTS, AND SECONDARY 20
BOYCOTTS ARE PROHIBI TED. 21
(C) (1) EMPLOYEES AND EMPLOYE E ORGANIZATIONS MAY NOT ENGAGE 22
IN, SPONSOR, INITIATE, SUPPORT, DIRECT, OR CONDONE A STRIKE , WORK 23
STOPPAGE, OR SECONDARY BOYCOTT . 24
(2) EMPLOYEE ORGANIZATION S MAY NOT ENGAGE IN , INITIATE, 25
SPONSOR, OR SUPPORT, DIRECTLY OR INDIRECT LY, PICKETING OF THE EMP LOYER, 26
ITS PROPERTY, OR FIELD OR OFFICE F ACILITIES IN FURTHER ANCE OF A ST RIKE, 27
WORK STOPPAGE , OR SECONDARY BOYCOTT . 28
(D) IF AN EMPLOYEE ORGANI ZATION VIOLATES THIS SECTION, THE 29
EMPLOYER MAY : 30
(1) REVOKE THE EMPLOYEE O RGANIZATION’S DESIGNATION AS 31
CERTIFIED EXCLUSIVE REPRESENTATIVE ; 32
24 SENATE BILL 591
(2) DISQUALIFY THE EMPLOY EE ORGANIZATION FROM 1
PARTICIPATING IN REP RESENTATION ELECTION S FOR A PERIOD OF UP TO 2 YEARS; 2
AND 3
(3) TERMINATE IMMEDIATELY THE PAYROLL DEDUCTIO NS FOR THE 4
EMPLOYEE ORGANIZATIO N’S DUES. 5
(E) AN EMPLOYEE WHO VIOLA TES THIS SECTION IS SUBJECT TO IMMEDIATE 6
DISCIPLINARY ACT ION, WHICH MAY INCLUDE PE RMANENT DISMISSAL FR OM THE 7
EMPLOYMENT BY THE EM PLOYER FOR JUST CAUS E. 8
(F) (1) THE EMPLOYER MAY NOT DIRECT A LOCKOUT AGA INST 9
EMPLOYEES. 10
(2) THIS SUBSECTION MAY N OT BE CONSTRUED TO P ROHIBIT THE 11
EMPLOYER FROM EXERCI SING ITS MANAG ERIAL RIGHTS. 12
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be construed to 13
apply only prospectively and may not be applied or interpreted to have any effect on or 14
application to: 15
(1) the composition of a collective bargaining unit that is in existence on 16
the effective date of this Act unless the collective bargaining unit dissolves after the 17
effective date of this Act; 18
(2) a collective bargaining agreement entered into before the effective date 19
of this Act; or 20
(3) collective bargaining negotiations that began before the effective date 21
of this Act. 22
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 23
1, 2024. 24