Maryland 2024 Regular Session

Maryland Senate Bill SB591 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	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	5		sb0591
9	6
10	7		SENATE BILL 591
11	8		F5 4lr1667
12	9		SB 352/23 – FIN & EEE CF HB 609
13	10		By: Senators Lam, Klausmeier, Guzzone, Augustine, Salling, M. Washington,
14	11		Kramer, Jackson, Hettleman, Muse, King, and Rosapepe
15	12		Introduced and read first time: January 26, 2024
16	13		Assigned to: Finance and Education, Energy, and the Environment
17		-	Committee Report: Favorable with amendments
18		-	Senate action: Adopted
19		-	Read second time: March 17, 2024
20	14
21		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
22	16
23	17		AN ACT concerning 1
24	18
25	19		Education – Public Libraries – Collective Bargaining 2
26	20		(Library Workers Empowerment Act) 3
27	21
28	22		FOR the purpose of authorizing employees of certain public libraries to form, join, and 4
29	23		participate in an employee organization and engage in certain other activities related 5
30	24		to collective bargaining; requiring certain employers and certified exclusive 6
31	25		representatives to engage in good faith bargaining; establishing a collective 7
32	26		bargaining process for employees of certain public libraries; establishing a process 8
33	27		for resolving impasses during collective bargaining; prohibiting employers and 9
34	28		employee organizations from engaging in certain actions regarding the exercise of an 10
35	29		employee’s rights under this Act; prohibiting employers, employees, and employee 11
36	30		organizations from engaging in certain actions related to strikes, work stoppages, 12
37	31		boycotts, and lockouts; repealing certain provisions of law rendered obsolete by 13
38	32		certain provisions of this Act; and generally relating to collective bargaining for 14
39	33		employees of public libraries. 15
40	34
41	35		BY repealing 16
42	36		Article – Education 17
43	37		Section 23–601 through 23–614 and the subtitle “Subtitle 6. Howard County Library 18
44	38		System – Collective Bargaining” 19
45	39		Annotated Code of Maryland 20
46	40		(2022 Replacement Volume and 2023 Supplement) 21
47	41
48		-	BY adding to 22 2 SENATE BILL 591
	42	+	BY adding to 22
	43	+	Article – Education 23
	44	+	Section 23–901 through 23–913 to be under the new subtitle “Subtitle 9. Public 24
	45	+	Libraries – Collective Bargaining” 25
	46	+	Annotated Code of Maryland 26
	47	+	(2022 Replacement Volume and 2023 Supplement) 27
	48	+	2 SENATE BILL 591
49	49
50	50
51		-	Article – Education 1
52		-	Section 23–901 through 23–913 to be under the new subtitle “Subtitle 9. Public 2
53		-	Libraries – Collective Bargaining” 3
54		-	Annotated Code of Maryland 4
55		-	(2022 Replacement Volume and 2023 Supplement) 5
	51	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
	52	+	That Section(s) 23–601 through 23–614 and the subtitle “Subtitle 6. Howard County 2
	53	+	Library System – Collective Bargaining” of Article – Education of the Annotated Code of 3
	54	+	Maryland be repealed. 4
56	55
57		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
58		-	That Section(s) 23–601 through 23–614 and the subtitle “Subtitle 6. Howard County 7
59		-	Library System – Collective Bargaining” of Article – Education of the Annotated Code of 8
60		-	Maryland be repealed. 9
	56	+	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 5
	57	+	as follows: 6
61	58
62		-	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 10
63		-	as follows: 11
	59	+	Article – Education 7
64	60
65		-	~~Article~~ – ~~Education 12~~
	61	+	SUBTITLE 9. PUBLIC LIBRARIES – COLLECTIVE BARGAINING. 8
66	62
67		-	~~SUBTITLE~~ 9~~. PUBLIC LIBRARIES – COLLECTIVE BARGAINING. 13~~
	63	+	23–901. 9
68	64
69		-	23–901. 14
	65	+	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 10
	66	+	INDICATED. 11
70	67
71		-	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 15
72		-	INDICATED. 16
	68	+	(B) (1) “CERTIFIED EXCLUSIVE R EPRESENTATIVE ” MEANS THE 12
	69	+	EMPLOYEE ORGANIZATIO N THAT HAS BEEN CERT IFIED AS THE COLLECT IVE 13
	70	+	BARGAINING AGENT FOR A BARGAINING UNIT . 14
73	71
74		-	(~~B) (1~~) “CERTIFIED EXCLUSIVE R EPRESENTATIVE ” ~~MEANS THE 17~~
75		-	EMPLOYEE ORGANIZATIO N ~~THAT HAS BEEN CERT IFIED AS THE COLLECT IVE 18~~
76		-	~~BARGAINING AGENT FOR A BARGAINING UNIT~~ . 19
	72	+	(2) “CERTIFIED EXCLUSIVE R EPRESENTATIVE ” INCLUDES AN 15
	73	+	EMPLOYEE ORGANIZATIO N CERTIFIED TO EXCLU SIVELY REPRESENT PUB LIC 16
	74	+	LIBRARY EMPLOYEES BE FORE JULY 1, 2024. 17
77	75
78		-	(2) “CERTIFIED EXCLUSIVE R EPRESENTATIVE ” INCLUDES AN 20
79		-	EMPLOYEE ORGANIZATIO N CERTIFIED TO EXCLU SIVELY REPRESENT PUB LIC 21
80		-	LIBRARY EMPLOYEES BEFORE JULY 1, 2024. 22
	76	+	(C) “CONFIDENTIAL EMPLOYEE ” MEANS AN EMPLOYEE WH O: 18
81	77
82		-	(C) “CONFIDENTIAL EMPLOYEE ” MEANS AN EMPLOYEE WH O: 23
	78	+	(1) IS REQUIRED TO DEVELO P OR PRESENT MANAGEM ENT POSITIONS 19
	79	+	WITH RESPECT TO EMPL OYER–EMPLOYEE RELATIONS ; AND 20
83	80
84		-	(1) IS REQUIRED TO DEVELO P OR PRESENT MANAGEM ENT POSITIONS 24
85		-	WITH RESPECT TO EMPL OYER–EMPLOYEE RELATIONS ; AND 25
	81	+	(2) WHOSE DUTIES NORMALLY REQUIRE ACCESS TO CO NFIDENTIAL 21
	82	+	INFORMATION THAT CON TRIBUTES SIGNIFICANT LY TO THE DEVELOPMEN T OF THE 22
	83	+	MANAGEMENT POSITION S WITH RESPECT TO EM PLOYER–EMPLOYEE RELATIONS . 23
86	84
87		-	(2) ~~WHOSE DUTIES NORMALLY REQUIRE ACCESS TO CO NFIDENTIAL 26~~
88		-	~~INFORMATION THAT CONTR IBUTES SIGNIFICANTLY TO~~ THE ~~DEVELOPMENT O F~~ THE 27
89		-	~~MANAGEMENT POSITIONS WITH RESPECT TO EMPL OYER–EMPLOYEE RELATIONS~~ . 28
	85	+	(D) “DIRECTOR” MEANS THE DIRECTOR , CHIEF EXECUTIVE OFFI CER, OR 24
	86	+	CHIEF OFFICER OF THE APPLICABLE PUBLIC LI BRARY SYSTEM , OR THE DESIGNEE 25
	87	+	OF THE DIRECTOR , CHIEF EXECUTIVE OFFI CER, OR CHIEF OFFICER . 26
90	88
91		-	(D) “DIRECTOR” MEANS THE DIRECTOR , CHIEF EXECUTIVE OFFI CER, OR 29
92		-	CHIEF OFFICER OF THE APPLICABLE PUBLIC LI BRARY SYSTEM , OR THE DESIGNEE 30
93		-	OF THE DIRECTOR , CHIEF EXECUTIVE OFFI CER, OR CHIEF OFFICER . 31
	89	+	(E) (1) “EMPLOYEE” MEANS A FULL–TIME OR PART–TIME EMPLOYEE OF 27
	90	+	A PUBLIC LIBRARY SYS TEM. 28
	91	+
	92	+	(2) “EMPLOYEE” DOES NOT INCLUDE A C ONFIDENTIAL EMPLOYEE , 29
	93	+	MANAGEMENT EMPLOYEE , OR SUPERVISORY EMPLO YEE. 30
94	94		SENATE BILL 591 3
95	95
96	96
97		-	(E) (1) “EMPLOYEE” MEANS A FULL–TIME OR PART–TIME EMPLOYEE OF 1
98		-	A PUBLIC LIBRARY SYS TEM. 2
	97	+	(F) “EMPLOYEE ORGANIZATION ” MEANS AN ORGANIZATIO N THAT ADMITS 1
	98	+	EMPLOYEES OF THE EMPLOYER AS M EMBERS AND HAS AS A PRIMARY PURPOSE THE 2
	99	+	REPRESENTATION OF TH E EMPLOYEES IN THEIR RELATIONS WITH THE E MPLOYER. 3
99	100
100		-	(2) “~~EMPLOYEE~~” ~~DOES NOT INCLUDE~~ A ~~C ONFIDENTIAL EMPLOYEE~~ , 3
101		-	~~MANAGEMENT EMPLOYEE~~ , ~~OR SUPERVISORY EMPLOYEE~~ . 4
	101	+	(G) “EMPLOYER” MEANS A PUBLIC LIBRA RY SYSTEM AND , WHERE 4
	102	+	APPLICABLE, THE BOARD OF TRUSTEE S FOR THE PUBLIC LIB RARY SYSTEM. 5
102	103
103		-	(F) “EMPLOYEE ORGANIZATION ” MEANS AN ORGANIZATIO N THAT ADMITS 5
104		-	EMPLOYEES OF THE EMP LOYER AS MEMBERS AND HAS AS A PRIMARY PUR POSE THE 6
105		-	REPRESENTATION OF TH E EMPLOYEES IN THEIR RELATIONS WITH THE E MPLOYER. 7
	104	+	(H) “GOVERNING BODY ” MEANS: 6
106	105
107		-	(G) ~~“EMPLOYER” MEANS~~ A ~~PUBLI C LIBRARY SYSTEM AND , WHERE 8~~
108		-	~~APPLICABLE~~, THE ~~BOARD OF TRUSTEE S FOR THE PUBLIC LIB RARY SYSTEM. 9~~
	106	+	(1) (I) FOR A CHARTER COUNTY THAT DOES NOT HAVE A N 7
	107	+	ELECTED CHIEF EXECUT IVE OFFICER, THE COUNTY COUNCIL ; OR 8
109	108
110		-	(H) “GOVERNING FUNDING BODY” MEANS: 10
	109	+	(II) FOR A CHARTER COUNTY THAT HAS AN ELECTED CHIEF 9
	110	+	EXECUTIVE OFFICER , THE COUNTY COUNCIL O R THE COUNTY COUNCIL AND THE 10
	111	+	COUNTY EXECUTIVE , AS PROVIDED BY THE C OUNTY CHARTER ; 11
111	112
112		-	(~~1) (I~~) FOR A ~~CHARTER~~ COUNTY ~~THAT DOES NOT HAVE A N 11~~
113		-	~~ELECTED CHIEF EXECUT IVE OFFICER, THE COUNTY COUNCIL~~ ; OR 12
	113	+	(2) FOR A CODE OR COMMISS ION COUNTY , THE COUNTY 12
	114	+	COMMISSIONERS ; OR 13
114	115
115		-	(II) FOR A CHARTER COUNTY THAT HAS AN ELECTED CHIEF 13
116		-	EXECUTIVE OFFICER , THE COUNTY COUNCIL O R THE COUNTY COUNCIL AND THE 14
117		-	COUNTY EXECUTIVE THE GOVERNING BODY O F THE COUNTY, AS PROVIDED BY THE 15
118		-	COUNTY CHARTER ; OR 16
	116	+	(3) FOR BALTIMORE CITY, THE MAYOR AND CITY COUNCIL OF 14
	117	+	BALTIMORE CITY. 15
119	118
120		-	(2) ~~(III) FOR A CODE OR COMMISS ION COUNTY , THE COUNTY 17~~
121		-	~~COMMISSIONERS ; OR 18~~
	119	+	(I) “MANAGEMENT EMPLOYEE ” MEANS AN EMPLOYEE WH O GENERALLY 16
	120	+	HAS AUTHORITY AND WH O: 17
122	121
123		-	(3) ~~(2) FOR BALTIMORE CITY,~~ ~~THE MAYOR AND CITY COUNCIL OF 19~~
124		-	~~BALTIMORE CITY.~~ 20
	122	+	(1) FORMULATES POLICY THA T IS APPLICABLE THRO UGHOUT A 18
	123	+	BARGAINING UNIT ; 19
125	124
126		-	(I) “MANAGEMENT EMPLOYEE ” MEANS AN EMPLOYEE WH O GENERALLY 21
127		-	HAS AUTHORITY AND WH O: 22
	125	+	(2) HAS A SIGNIFICANT ROL E IN PERSONNEL ADMIN ISTRATION, 20
	126	+	EMPLOYEE RELATIONS , OR THE PREPARATION A ND ADMINISTRATION OF BUDGETS 21
	127	+	FOR THE EMPLOYER ; OR 22
128	128
129		-	(1) FORMULATES POLICY THA T IS APPLICABLE THRO UGHOUT A 23
130		-	BARGAINING UNI T; 24
	129	+	(3) MAY REASONABLY BE REQ UIRED TO: 23
131	130
132		-	(2) HAS A SIGNIFICANT ROL E IN PERSONNEL ADMIN ISTRATION, 25
133		-	EMPLOYEE RELATIONS , OR THE PREPARATION A ND ADMINISTRATION OF BUDGETS 26
134		-	FOR THE EMPLOYER ; OR 27
	131	+	(I) ASSIST DIRECTLY IN TH E PREPARATION FOR AN D CONDUCT 24
	132	+	OF COLLECTIVE BARGAI NING NEGOTIATIONS ON BEHALF OF THE EMPLOY ER; OR 25
135	133
136		-	(3) MAY REASONABLY BE REQ UIRED TO: 28
	134	+	(II) HAVE A MAJOR ROLE IN THE ADMINISTRATION O F 26
	135	+	RESULTING COLLECTIVE BARGAINING AGR EEMENTS. 27
137	136
138		-	(I) ~~ASSIST DIRECTLY IN TH E PREPARATION FOR AN D CONDUCT 29~~
139		-	~~OF COLLECTIVE BARGAINING NEGOTIATIONS ON BEHA LF OF THE EMPLOYER ; OR 30~~
	137	+	(J) (1) “PUBLIC LIBRARY SYSTEM ” MEANS A COUNTY PUBLI C LIBRARY 28
	138	+	SYSTEM. 29
140	139		4 SENATE BILL 591
141	140
142	141
143		-	(II) ~~HAVE A MAJOR ROLE IN~~ THE ~~ADMINISTRATION O F~~ 1
144		-	~~RESULTING COLLECTIVE BARGAINING AGREEMENT S~~. 2
	142	+	(2) “PUBLIC LIBRARY SYSTEM ” INCLUDES THE ENOCH PRATT FREE 1
	143	+	LIBRARY. 2
145	144
146		-	(J) (1) “PUBLIC LIBRARY SYSTEM ” MEANS A COUNTY PUBLI C LIBRARY 3
147		-	SYSTEM. 4
	145	+	(3) “PUBLIC LIBRARY SYSTEM ” DOES NOT INCLUDE THE PUBLIC 3
	146	+	LIBRARY SYSTEM OF BALTIMORE COUNTY, MONTGOMERY COUNTY, OR PRINCE 4
	147	+	GEORGE’S COUNTY. 5
148	148
149		-	(2) “~~PUBLIC LIBRARY SYSTEM~~” ~~INCLUDES THE ENOCH PRATT FREE 5~~
150		-	~~LIBRARY. 6~~
	149	+	(K) “SUPERVISORY EMPLOYEE ” MEANS AN EMPLOYEE WH O IS AUTHORIZED 6
	150	+	TO: 7
151	151
152		-	(3) “PUBLIC LIBRARY SYSTEM ” DOES NOT INCLUDE THE PUBLIC 7
153		-	LIBRARY SYSTEM OF BALTIMORE COUNTY, MONTGOMERY COUNTY, OR PRINCE 8
154		-	GEORGE’S COUNTY. 9
	152	+	(1) HIRE, TRANSFER, SUSPEND, LAY OFF, RECALL, PROMOTE, 8
	153	+	DISCHARGE, ASSIGN, REWARD, OR DISCIPLINE EMPLOY EES; 9
155	154
156		-	(K) ~~“SUPERVISORY EMPLOYEE ” MEANS AN EMPLOYEE WH O IS AUTHORIZED~~ 10
157		-	~~TO:~~ 11
	155	+	(2) RESPONSIBLY DIRECT EM PLOYEES FOR MORE THAN 50% OF THE 10
	156	+	EMPLOYEE’S WORKING HOURS ; OR 11
158	157
159		-	(1) HIRE, TRANSFER, SUSPEND, LAY OFF, RECALL, PROMOTE, 12
160		-	DISCHARGE, ASSIGN, REWARD, OR DISCIPLINE EMPLOY EES; 13
	158	+	(3) ADDRESS AND RESOLVE T HE GRIEVANCES OF EMP LOYEES. 12
161	159
162		-	(2) RESPONSIBLY DIRECT EM PLOYEES FOR MORE THA N 50% OF THE 14
163		-	EMPLOYEE’S WORKING HOURS ; OR 15
	160	+	23–902. 13
164	161
165		-	(3) ADDRESS AND RESOLVE T HE GRIEVANCES OF EMP LOYEES. 16
	162	+	(A) THERE MAY BE NO T MORE THAN TWO BARGAI NING UNITS AT EACH 14
	163	+	PUBLIC LIBRARY SYSTE M INCLUDING: 15
166	164
167		-	~~23–902. 17~~
	165	+	(1) ONE BARGAINING UNIT F OR EMPLOYEES ; AND 16
168	166
169		-	(A) THERE MAY BE NOT MORE THAN TWO BARGAINING UNITS AT EACH 18
170		-	PUBLIC LIBRARY SYSTE M INCLUDING: 19
	167	+	(2) ONE BARGAINING UNIT F OR SUPERVISORY EMPLO YEES. 17
171	168
172		-	(1) ONE BARGAINING UNIT F OR EMPLOYEES ; AND 20
	169	+	(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 18
	170	+	BARGAINING UNIT MAY CONTAIN FULL–TIME OR PART–TIME EMPLOYEES . 19
173	171
174		-	(2) ONE BARGAINING UNIT F OR SUPERVISORY EMPLO YEES. 21
	172	+	(2) A BARGAINING UNIT MAY NOT INCLUDE VOLUNTEE RS OR 20
	173	+	TEMPORARY E MPLOYEES WITH LESS T HAN 90 DAYS OF SERVICE IN A 12–MONTH 21
	174	+	PERIOD. 22
175	175
176		-	(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 22
177		-	BARGAINING UNIT MAY CONTAIN FULL–TIME OR PART–TIME EMPLOYEES . 23
	176	+	(C) (1) THIS SUBTITLE MAY NOT BE CONSTRUED TO MODI FY OR 23
	177	+	TERMINATE A BARGAINI NG UNIT THAT WAS REC OGNIZED OR IN EXISTE NCE ON OR 24
	178	+	BEFORE JUNE 30, 2024. 25
178	179
179		-	(2) A BARGAINING UNIT MAY NOT INCLUDE VOLUNTEE RS OR 24
180		-	TEMPORARY EMPLOYEES WITH LESS THAN 90 DAYS OF SERVICE IN A 12–MONTH 25
181		-	PERIOD. 26
182		-
183		-	(C) (1) THIS SUBTITLE MAY NOT BE CONSTRUED TO MODIFY OR 27
184		-	TERMINATE A BARGAINI NG UNIT THAT WAS REC OGNIZED OR IN EXISTE NCE ON OR 28
185		-	BEFORE JUNE 30, 2024. 29
186		-	SENATE BILL 591 5
187		-
188		-
189		-	(2) (I) IF AN EMPLOYEE ORGANI ZATION HAS BEEN CERT IFIED 1
190		-	UNDER STATE OR LOCAL LAW ON OR BEFORE JUNE 30, 2024, TO BE AN EXCLUSIVE 2
191		-	REPRESENTAT IVE OF EMPLOYEES OF A PUBLIC LIBRARY SYS TEM, THE EMPLOYER 3
192		-	SHALL ACCRETE ALL EL IGIBLE POSITIONS INT O THE EXISTING BARGA INING UNIT IN 4
193		-	ACCORDANCE WITH THIS SECTION ON REQUEST O F THE EXCLUSIVE 5
194		-	REPRESENTATIVE . 6
195		-
196		-	(II) AN ACCRETION UNDER TH IS SUBSECTION SHALL BE 7
197		-	SUBJECT TO A SHOWING OF INTEREST AND ELEC TION BY EMPLOYEES IN THE 8
198		-	ACCRETED POSITIONS I N ACCORDANCE WITH TH E PROCEDURES UNDER § 23–907 OF 9
199		-	THIS SUBTITLE. 10
200		-
201		-	23–903. 11
202		-
203		-	(A) AN EMPLOYEE WHO MAY E FFECTIVELY RECOMMEND AN ACTION LISTED 12
204		-	IN § 23–901(I) OF THIS SUBTITLE MAY BE DEEM ED A MANAGEMENT EMPL OYEE IF 13
205		-	THE EMPLOYEE ’S EXERCISE OF THE AU THORITY REQUIRES THE EXERCISE OF 14
206		-	INDEPENDENT JUDGMENT AND IS NOT MERELY OF A ROUTINE OR CLERICA L 15
207		-	NATURE. 16
208		-
209		-	(B) THE EXERCISE OF ANY S INGLE FUNCTION LISTE D IN § 23–901(I) OF THIS 17
210		-	SUBTITLE MAY NOT NEC ESSARILY REQUIRE THE CONCLUSION THAT THE 18
211		-	INDIVIDUAL EXERCISIN G THAT FUNCTION IS I N FACT A MANAGEMENT EMPLOYEE 19
212		-	WITHIN THE MEANING O F THE DEFINITION . 20
213		-
214		-	(C) IN DIFFERENTIATING A MANAGEMENT EMPLOYEE FROM A 21
215		-	NONMANAGEMENT EMPLOY EE: 22
216		-
217		-	(1) A CLASS TITLE ALONE MA Y NOT BE THE BASIS F OR 23
218		-	DETERMINATION ; AND 24
219		-
220		-	(2) THE NATURE OF THE MAN AGEMENT EMPLOYEE ’S WORK, 25
221		-	INCLUDING WHETHER A SIGNIFICANT PORTION OF THE MANAGEMENT EM PLOYEE’S 26
222		-	WORKING TIME IS SPEN T AS PART OF A TEAM THAT INCLUDES NONMAN AGEMENT 27
223		-	EMPLOYEES, SHALL BE CONSIDERED . 28
224		-
225		-	23–904. 29
226		-
227		-	EMPLOYEES OF THE EMPL OYER MAY: 30
228		-
229		-	(1) FORM, JOIN, AND PARTICIPATE IN A N EMPLOYEE ORGANIZAT ION; 31
230		-
231		-	(2) BARGAIN COLLECTIVELY THROUGH A CERTIFIED EXCLUSIVE 32
232		-	REPRESENTATIVE OF TH EIR CHOICE; 33 6 SENATE BILL 591
	180	+	(2) (I) IF AN EMPLOYEE ORGANI ZATION HA S BEEN CERTIFIED 26
	181	+	UNDER STATE OR LOCAL LAW ON OR BEFORE JUNE 30, 2024, TO BE AN EXCLUSIVE 27
	182	+	REPRESENTATIVE OF EM PLOYEES OF A PUBLIC LIBRARY SYSTEM , THE EMPLOYER 28
	183	+	SHALL ACCRETE ALL EL IGIBLE POSITIONS INT O THE EXISTING BARGA INING UNIT IN 29
	184	+	ACCORDANCE WITH THIS SECTION ON REQUEST OF T HE EXCLUSIVE 30
	185	+	REPRESENTATIVE . 31 SENATE BILL 591 5
233	186
234	187
235	188
236		-	(3) ENGAGE IN LAWFUL CONC ERTED ACTIVITIES FOR TH EIR MUTUAL 1
237		-	AID AND PROTECTION ; AND 2
	189	+	(II) AN ACCRETION UNDER TH IS SUBSECTION SHALL BE 1
	190	+	SUBJECT TO A SHOWING OF INTEREST AND ELEC TION BY EMPLOYEES IN THE 2
	191	+	ACCRETED POSITIONS I N ACCORDANCE WITH TH E PROCEDURES UNDER § 23–907 OF 3
	192	+	THIS SUBTITLE. 4
238	193
239		-	(4) REFRAIN FROM ANY ACTI VITY COVERED UNDER I TEMS (1) 3
240		-	THROUGH (3) OF THIS SECTION. 4
	194	+	23–903. 5
241	195
242		-	23–905. 5
	196	+	(A) AN EMPLOYEE WHO MAY E FFECTIVELY RECOMMEND AN ACTION LISTED 6
	197	+	IN § 23–901(I) OF THIS SUBTITLE MAY BE DEEMED A MANAGEME NT EMPLOYEE IF 7
	198	+	THE EMPLOYEE ’S EXERCISE OF THE AU THORITY REQUIRES THE EXERCISE OF 8
	199	+	INDEPENDENT JUDGMENT AND IS NOT MERELY OF A ROUTINE OR CLERICAL 9
	200	+	NATURE. 10
243	201
244		-	(A) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE 6
245		-	HAVE A RESPONSIBILIT Y TO ENGAGE IN GOOD FAITH BARGAINING OVE R MATTERS 7
246		-	REQUIRED BY LAW . 8
	202	+	(B) THE EXERCISE OF ANY S INGLE FUNCTION LISTE D IN § 23–901(I) OF THIS 11
	203	+	SUBTITLE MAY NOT NEC ESSARILY REQUIRE THE CONCLUSION THAT THE 12
	204	+	INDIVIDUAL EXERCISIN G THAT FUNCTION IS I N FACT A MANAGEMENT EMPLOYEE 13
	205	+	WITHIN THE MEANING O F THE DEFINITION. 14
247	206
248		-	(B) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE 9
249		-	JOINTLY SHALL BE RES PONSIBLE FOR FOSTERI NG A POSITIVE LABOR RELATIONS 10
250		-	ENVIRONMENT BASED ON MUTUAL TRUST , RESPECT, COMMUNICATION , AND 11
251		-	COOPERATION . 12
	207	+	(C) IN DIFFERENTIATING A MANAGEMENT EMPLOYEE FROM A 15
	208	+	NONMANAGEMENT EMPLOY EE: 16
252	209
253		-	(C) THE GOAL OF COLLECTIV E BARGAINING IS THE DELIVERY OF QUALITY 13
254		-	PUBLIC SERVICES TO T HE RESIDENTS OF THE STATE IN A MANNER THA T IS 14
255		-	CONSISTENT AND COMPL IANT WITH LAW. 15
	210	+	(1) A CLASS TITLE ALONE MA Y NOT BE THE BASIS F OR 17
	211	+	DETERMINATION ; AND 18
256	212
257		-	23–906. 16
	213	+	(2) THE NATURE OF THE MAN AGEMENT EMPLOYEE ’S WORK, 19
	214	+	INCLUDING WHETHER A SIGNIFICANT PORTION OF THE MANAGEMENT EMPLO YEE’S 20
	215	+	WORKING TIME IS SPEN T AS PART OF A TEAM THAT INCLUDES NONMAN AGEMENT 21
	216	+	EMPLOYEES, SHALL BE CONSIDERED . 22
258	217
259		-	(A) THE EMPLOYER SHALL RE COGNIZE THE RIGHT OF THE CERTIFIED 17
260		-	EXCLUSIVE REPRESEN TATIVE TO REPRESENT THE EMPLOYEES IN THE UNIT IN 18
261		-	COLLECTIVE BARGAININ G AND IN THE GRIEVAN CE PROCESS. 19
	218	+	23–904. 23
262	219
263		-	~~(B)~~ THE ~~CERTIFIED EXCLUSI VE REPRESENTATIVE OF A UNIT SHALL~~: 20
	220	+	EMPLOYEES OF THE EMPL OYER MAY: 24
264	221
265		-	(1) SERVE AS THE SOLE AGE NT FOR THE UNIT IN C OLLECTIVE 21
266		-	BARGAINING; AND 22
	222	+	(1) FORM, JOIN, AND PARTICIPATE IN A N EMPLOYEE ORGANIZAT ION; 25
267	223
268		-	(2) ~~REPRESENT ALL EMPLOYEES IN THE UNIT FAIRLY AND IN G OOD 23~~
269		-	~~FAITH, IN A MANNER THAT IS NOT ARBITRARY OR DIS CRIMINATORY . 24~~
	224	+	(2) BARGAIN COLLECTIVELY THROUGH A CERTIFIED EXCLUSIV E 26
	225	+	REPRESENTATIVE OF TH EIR CHOICE; 27
270	226
271		-	23–907. 25
	227	+	(3) ENGAGE IN LAWFUL CONC ERTED ACTIVITIES FOR THEIR MUTUAL 28
	228	+	AID AND PROTECTION ; AND 29
272	229
273		-	(A) (1) AN EMPLOYEE ORGANIZAT ION SEEKING CERTIFIC ATION AS THE 26
274		-	EXCLUSIVE REPRESENTA TIVE FOR THE BARGAIN ING UNIT OF EMPLOYEE S MAY FILE 27
275		-	A PETITION WITH THE EMPLOYE R INDICATING THIS IN TENT. 28
276		-
277		-	(2) THE PETITION SHALL CO NTAIN: 29
278		-	SENATE BILL 591 7
279		-
280		-
281		-	(I) A REQUEST THAT THE EMP LOYER RECOGNIZE THE 1
282		-	EMPLOYEE ORGANIZATIO N AS THE EXCLUSIVE R EPRESENTATIVE OF THE 2
283		-	EMPLOYEES IN THE BAR GAINING UNIT; 3
284		-
285		-	(II) A STATEMENT THAT THE EMPLOYEE ORGANIZATIO N IS ONE 4
286		-	IN WHICH EMPLOYEES P ARTICIPATE AND THAT HAS AS ONE OF ITS PU RPOSES THE 5
287		-	REPRESENTATION OF PU BLIC EMPLOYEES IN MA TTERS OF WAGES , HOURS, AND 6
288		-	OTHER TERMS AND COND ITIONS OF EMPLOYMENT ; 7
289		-
290		-	(III) A STATEMENT THAT THE E MPLOYEE ORGANIZ ATION HAS NO 8
291		-	TERMS OR CONDITIONS OF MEMBERSHIP THAT D ISCRIMINATE WITH REG ARD TO 9
292		-	RACE, COLOR, CREED, GENDER, AGE, POLITICAL AFFILIATIO N, NATIONAL ORIGIN , 10
293		-	RELIGION, MARITAL STATUS , OR DISABILITY; AND 11
294		-
295		-	(IV) A STATEMENT THAT THE E MPLOYEE ORGANIZATION HAS IN 12
296		-	ITS POSSESSION WRITT EN PROOF DATED NOT M ORE THAN 18 MONTHS BEFORE THE 13
297		-	DAY ON WHICH THE PET ITION IS FILED ESTAB LISHING THAT AT LEAS T 30% OF THE 14
298		-	EMPLOYEES IN THE BAR GAINING UNIT: 15
299		-
300		-	1. HAVE DESIGNATED THE E MPLOYEE ORGANIZATION 16
301		-	TO REPRESENT THEM IN THEIR EMPLOYMENT RELATIONS WITH THE EMPLOYER ; OR 17
302		-
303		-	2. ARE MEMBERS OF THE EM PLOYEE ORGANIZATION . 18
304		-
305		-	(3) BEFORE A PETITION MAY BE PROCESSED , THE PROOF OF 19
306		-	INTEREST SUBMITTED S HALL BE VERIFIED AS PROVIDED IN THIS SEC TION. 20
307		-
308		-	(4) THE EMPLOYEE ORGANIZA TION AND THE E MPLOYER SHALL 21
309		-	EQUALLY BEAR ANY COS TS ASSOCIATED WITH T HE VERIFICATION . 22
310		-
311		-	(B) (1) (I) WHEN AN EMPLOYEE ORGA NIZATION OR EMPLOYEE S IN A 23
312		-	BARGAINING UNIT FILE A PETITION WITH THE EMPLOYER, THE EMPLOYEE 24
313		-	ORGANIZATION OR EMPL OYEES SHALL SELECT A NEUTRAL DECISION M AKER FROM 25
314		-	A REFERRAL OR LIST O F ARBITRATORS PROVID ED BY THE FEDERAL MEDIATION 26
315		-	AND CONCILIATION SERVICE. 27
316		-
317		-	(II) THE EMPLOYEE ORGANIZA TION OR EMPLOYEES IN THE 28
318		-	BARGAINING UNIT SHAL L SUBMIT TO THE NEUT RAL DECISION MAKER S ELECTED 29
319		-	UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH THE AUTH ORIZATION CARDS 30
320		-	SIGNED AND DATED BY AT LEAST 30% OF THE EMPLOYEES IN THE BARGAINING UNIT 31
321		-	NOT MORE THAN 18 MONTHS BEFORE THE DA Y THE PETITION WAS F ILED 32
322		-	INDICATING, AS APPROPRIATE , THAT THE EMPLOYEES H AVE DESIGNATED THE 33
323		-	EMPLOYEE ORGANIZAT ION TO REPRESENT THE M IN THEIR EMPLOYMEN T 34
324		-	RELATIONS WITH THE P UBLIC LIBRARY SYSTEM ADMINISTRATION . 35 8 SENATE BILL 591
	230	+	(4) REFRAIN FROM ANY ACTI VITY COVERED UNDER I TEMS (1) 30
	231	+	THROUGH (3) OF THIS SECTION. 31 6 SENATE BILL 591
325	232
326	233
327	234
328		-	(2) THE EMPLOYEE ORGANIZA TION SHALL COPY THE EMPLOYER ON 1
329		-	THE REQUEST FOR A NE UTRAL DECISION MAKER IN ORDER FOR THE PUB LIC 2
330		-	LIBRARY SYSTEM TO RE CEIVE NOTICE OF THE SELECTION OF THE NEUTRAL 3
331		-	DECISION MAKER FOR T HE CERTIFICATION PRO CESS. 4
	235	+	23–905. 1
332	236
333		-	(C) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , 5
334		-	WITHIN 2 CALENDAR DAYS AFTER THE DAY ON WHICH THE EMPLOYER RECEIVES 6
335		-	THE PETITION, THE EMPLOYER SHALL SUBMIT TO THE EMPLOYEE ORGANIZATIO N 7
336		-	AND NEUTRAL DECISION MAKER: 8
	237	+	(A) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE 2
	238	+	HAVE A RESPONSIBILIT Y TO ENGAGE IN GOOD FAITH BARGAINING OVE R MATTERS 3
	239	+	REQUIRED BY LAW . 4
337	240
338		-	1. A LIST OF EMPLOYEES IN THE BARGAINING UNIT 9
339		-	THAT IDENTIFIES EACH EMPLOYEE THAT THE EM PLOYER CONTENDS SHOU LD BE 10
340		-	EXCLUDED AS AN ELIGI BLE VOTER OR FROM TH E BARGAINING UNIT ; AND 11
	241	+	(B) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE 5
	242	+	JOINTLY SHALL BE RES PONSIBLE FOR FOSTERI NG A POSITIVE LABOR RELAT IONS 6
	243	+	ENVIRONMENT BASED ON MUTUAL TRUST , RESPECT, COMMUNICATION , AND 7
	244	+	COOPERATION . 8
341	245
342		-	2. A STATEMENT EXPLA INING THE REASON FOR EACH 12
343		-	EXCLUSION. 13
	246	+	(C) THE GOAL OF COLLECTIV E BARGAINING IS THE DELIVERY OF QUALITY 9
	247	+	PUBLIC SERVICES TO T HE RESIDENTS OF THE STATE IN A MANNER THA T IS 10
	248	+	CONSISTENT AND COMPL IANT WITH LAW. 11
344	249
345		-	(II) IF A NEUTRAL DECISION MAKER HAS NOT BEEN S ELECTED 14
346		-	WHEN THE EMPLOYER IS REQUIRED TO SUBMIT T HE LIST REQUIRED UND ER 15
347		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE EMPLOYER SHALL I NSTEAD SUBMIT 16
348		-	THE LIST WITHIN 1 CALENDAR DAY AFTER T HE NEUTRAL DECISION MAKER HAS 17
349		-	BEEN SELECTED. 18
	250	+	23–906. 12
350	251
351		-	(III) IF THE EMPLOYER FAILS TO PROVIDE AN EXPLAN ATION AS 19
352		-	REQUIRED UNDER SUBPA RAGRAPH (I)2 OF THIS PARAGRAPH , THE EMPLOYER MAY 20
353		-	NOT CHALLENGE THE EL IGIBILITY OF AN EMPL OYEE’S VOTE IN AN ELECTIO N OR THE 21
354		-	ELIGIBILITY TO SUBMI T A SHOWING OF INTER EST FORM FOR PURPOSE S OF 22
355		-	SUBSECTION (D)(3) OF THIS SECTION. 23
	252	+	(A) THE EMPLOYER SHALL RE COGNIZE THE RIGHT OF THE CERTIFIED 13
	253	+	EXCLUSIVE REPRESENTA TIVE TO REPRESENT TH E EMPLOYEES IN THE U NIT IN 14
	254	+	COLLECTIVE BARGAININ G AND IN THE GRIEVAN CE PROCESS. 15
356	255
357		-	(2) IF THE EMPLOYER FAILS TO SUBMIT THE LIST OF EMPLOYEES TO 24
358		-	THE EMPLOYEE ORGANIZ ATION OR NEUTRAL DEC ISION MAKER WITHIN T HE 25
359		-	REQUIRED TIME , IT SHALL BE CONCLUSI VELY DEEMED THAT AT LEAST 30% OF THE 26
360		-	EMPLOYEES IN THE BAR GAINING UNIT HAVE IN DICATED A DESIRE TO BE 27
361		-	REPRESENTED BY THE E MPLOYEE ORGANIZATION . 28
	256	+	(B) THE CERTIFIED EXCLUSI VE REPRESENTATIVE OF A UNIT SHALL: 16
362	257
363		-	(D) (1) THE NEUTRAL DECISION MAKER SHALL CHECK TH E WRITTEN 29
364		-	AUTHORIZATION CARDS SUBMITTED BY THE EMP LOYEE ORGANIZATION O R THE 30
365		-	EMPLOYEES AGAINST TH E LIST OF EMPLOYEES SUBMITTED BY THE EMP LOYER. 31
	258	+	(1) SERVE AS THE SOLE AGE NT FOR THE UNIT IN C OLLECTIVE 17
	259	+	BARGAINING; AND 18
366	260
367		-	(2) IF THE NEUTRAL DECISI ON MAKER DETERMINES THAT AT LEAST 32
368		-	30% OF THE EMPLOYEES ON THE LIST HAVE INDICA TED A DESIRE TO BE 33
369		-	REPRESENTED BY THE E MPLOYEE ORGANIZATION OR TO DECERTIFY AN E XCLUSIVE 34 SENATE BILL 591 9
	261	+	(2) REPRESENT ALL EMPLOYE ES IN THE UNIT FAIRL Y AND IN GOOD 19
	262	+	FAITH, IN A MANNER THAT IS NOT ARBITRARY OR DIS CRIMINATORY . 20
	263	+
	264	+	23–907. 21
	265	+
	266	+	(A) (1) AN EMPLOYEE ORGANIZAT ION SEEKING CERTIFICATION AS THE 22
	267	+	EXCLUSIVE REPRESENTA TIVE FOR THE BARGAIN ING UNIT OF EMPLOYEE S MAY FILE 23
	268	+	A PETITION WITH THE EMPLOYER INDICATING THIS INTENT. 24
	269	+
	270	+	(2) THE PETITION SHALL CO NTAIN: 25
	271	+
	272	+	(I) A REQUEST THAT THE EMP LOYER RECOGNIZE THE 26
	273	+	EMPLOYEE ORGANIZATIO N AS THE EXCLUSIVE REP RESENTATIVE OF THE 27
	274	+	EMPLOYEES IN THE BAR GAINING UNIT; 28
	275	+
	276	+	(II) A STATEMENT THAT THE E MPLOYEE ORGANIZATION IS ONE 29
	277	+	IN WHICH EMPLOYEES P ARTICIPATE AND THAT HAS AS ONE OF ITS PU RPOSES THE 30 SENATE BILL 591 7
370	278
371	279
372		-	~~REPRESENTATIVE~~ , ~~THE NEUTRAL DECISION MAKER SHALL NOTIFY T HE EMPLOYER~~ 1
373		-	OF ~~THE DETERMINATION .~~ 2
	280	+	REPRESENTATION OF PU BLIC EMPLOYEES IN MA TTERS OF WAGE S, HOURS, AND 1
	281	+	OTHER TERMS AND COND ITIONS OF EMPLOYMENT ; 2
374	282
375		-	(3) IF THE EMPLOYEE ORGAN IZATION SUBMITS A SH OWING OF 3
376		-	INTEREST OF AT LEAST 50% OF THE EMPLOYEES IN AN UNREPRESENTED 4
377		-	BARGAINING UNIT : 5
	283	+	(III) A STATEMENT THAT THE E MPLOYEE ORGANIZATION HAS NO 3
	284	+	TERMS OR CONDITIONS OF MEMBERSHIP THAT D ISCRIMINATE WITH REG ARD TO 4
	285	+	RACE, COLOR, CREED, GENDER, AGE, POLITICAL AFFILIATIO N, NATIONAL ORIGIN , 5
	286	+	RELIGION, MARITAL STATUS , OR DISABILITY; AND 6
378	287
379		-	(I) THE NEUTRAL DECISION MAKER SHALL IS SUE TO EACH 6
380		-	PARTICIPANT IN AN EL ECTION A CERTIFICATI ON OF REPRESENTATION ; AND 7
	288	+	(IV) A STATEMENT THAT THE E MPLOYEE ORGANIZATION HAS IN 7
	289	+	ITS POSSESSION WRITT EN PROOF DATED NOT M ORE THAN 18 MONTHS BEFORE THE 8
	290	+	DAY ON WHICH THE PET ITION IS FILED ESTAB LISHING THAT AT LEAS T 30% OF THE 9
	291	+	EMPLOYEES IN THE BARGAINING UN IT: 10
381	292
382		-	(II) THE EMPLOYER SHALL RECOGNIZE THE EMPLOYEE 8
383		-	ORGANIZATION AS THE CERTIFIED BARGAINING REPRESENTATIVE OF TH E 9
384		-	EMPLOYEES AT ISSUE . 10
	293	+	1. HAVE DESIGNATED THE E MPLOYEE ORGANIZATION 11
	294	+	TO REPRESENT THEM IN THEIR EMPLOYMENT REL ATIONS WITH THE EMPL OYER; OR 12
385	295
386		-	(E) AN ELECTION MAY NOT B E CONDUCTED IN A BARGAINING UNIT UNLE SS 11
387		-	AT LEAST 1 YEAR HAS PASSED SINC E THE LAST ELECTION HELD IN THE BARGAINI NG 12
388		-	UNIT. 13
	296	+	2. ARE MEMBERS OF THE EM PLOYEE ORGANIZATION . 13
389	297
390		-	(F) (1) THE EMPLOYER SHALL NOTIFY ALL EMP LOYEES WITHIN THE 14
391		-	PROPOSED BARGAINING UNIT THAT AN ELECTIO N WILL BE HELD AND R EQUEST A 15
392		-	NEUTRAL DECISION MAK ER FROM THE FEDERAL MEDIATION AND CONCILIATION 16
393		-	SERVICE TO OVERSEE AN D CONDUCT AN ELECTIO N BY SECRET BALLOT . 17
	298	+	(3) BEFORE A PETITION MAY BE PROCESSED , THE PROOF OF 14
	299	+	INTEREST SUBMITTED SHALL BE VERIFIED AS PROVI DED IN THIS SECTION . 15
394	300
395		-	(2) THE ~~BALLOT FOR AN ELE CTION~~ SHALL ~~INCLUDE THE FOLLOWING 18~~
396		-	~~CHOICES: 19~~
	301	+	(4) THE EMPLOYEE ORGANIZA TION AND THE EMPLOYE R SHALL 16
	302	+	EQUALLY BEAR ANY COS TS ASSOCIATED WITH T HE VERIFICATION . 17
397	303
398		-	(I) IN ACCORDANCE WITH TH E ISSUES PRESENTED B Y THE 20
399		-	PETITION OR PETITION S, EXCLUSIVE REPRESENTA TION BY ANY EMPLOYEE 21
400		-	ORGANIZATION SEEKING TO OBTAIN OR CONTINU E REPRESENTATION RIG HTS; AND 22
	304	+	(B) (1) (I) WHEN AN EMPLOYEE ORGA NIZATION OR EMPLOYEE S IN A 18
	305	+	BARGAINING UNIT FILE A PETITION WITH THE EMPLOYER, THE EMPLOYEE 19
	306	+	ORGANIZATION OR EMPL OYEES SHALL SELECT A NEUTRAL DECISION MAK ER FROM 20
	307	+	A REFERRAL OR LIST O F ARBITRATORS PROVID ED BY THE FEDERAL MEDIATION 21
	308	+	AND CONCILIATION SERVICE. 22
401	309
402		-	(II) NO EXCLUSIVE REPRESEN TATION. 23
	310	+	(II) THE EMPLOYEE ORGANIZA TION OR EMPLOYEES I N THE 23
	311	+	BARGAINING UNIT SHAL L SUBMIT TO THE NEUT RAL DECISION MAKER S ELECTED 24
	312	+	UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH TH E AUTHORIZATION CARD S 25
	313	+	SIGNED AND DATED BY AT LEAST 30% OF THE EMPLOYEES IN THE BARGAINING UNIT 26
	314	+	NOT MORE THAN 18 MONTHS BEFORE THE DA Y THE P ETITION WAS FILED 27
	315	+	INDICATING, AS APPROPRIATE , THAT THE EMPLOYEES H AVE DESIGNATED THE 28
	316	+	EMPLOYEE ORGANIZATIO N TO REPRESENT THEM IN THEIR EMPLOYMENT 29
	317	+	RELATIONS WITH THE P UBLIC LIBRARY SYSTEM ADMINISTRATION . 30
403	318
404		-	(G) AN EMPLOYEE ORGANIZAT ION MAY INTERVENE IN THE ELECTION AND 24
405		-	HAVE ITS NAME PLACED ON THE BALLOT IF : 25
	319	+	(2) THE EMPLOYEE ORGANIZA TION SHALL COPY THE EMPLOYER ON 31
	320	+	THE REQUEST FOR A NE UTRAL DECISION MAKER IN ORDER FOR THE PUB LIC 32
	321	+	LIBRARY SYSTEM TO RE CEIVE NOTICE OF THE SELECTION OF THE NEU TRAL 33
	322	+	DECISION MAKER FOR T HE CERTIFICATION PRO CESS. 34
	323	+	8 SENATE BILL 591
406	324
407		-	(1) THE EMPLOYEE ORGANIZA TION FILES A PETITIO N NOT MORE 26
408		-	THAN 15 CALENDAR DAYS AFTER THE DATE ON WHICH TH E ORIGINAL PETITION IS 27
409		-	FILED; 28
410	325
411		-	(2) THE EMPLOYEE ORGANIZA TION CERTIFIES THAT AT LEAST 30% 29
412		-	OF THE EMPLOYEES OF THE UNIT: 30
	326	+	(C) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , 1
	327	+	WITHIN 2 CALENDAR DAYS AFTER THE DAY ON WHICH THE EMPLOYER RECEIVES 2
	328	+	THE PETITION, THE EMPLOYER SHALL SUBMIT TO THE EMPLOYEE ORGANIZATIO N 3
	329	+	AND NEUTRAL DECISION MAKER: 4
	330	+
	331	+	1. A LIST OF EMPLOYEES IN THE BARGAINING UNIT 5
	332	+	THAT IDENTIFIES EACH EMPLOYEE THAT THE EM PLOYER CONTENDS SHOULD BE 6
	333	+	EXCLUDED AS AN ELIGI BLE VOTER OR FROM TH E BARGAINING UNIT ; AND 7
	334	+
	335	+	2. A STATEMENT EXPLAINING THE REASON FOR EACH 8
	336	+	EXCLUSION. 9
	337	+
	338	+	(II) IF A NEUTRAL DECISION MAKER HAS NOT BEEN S ELECTED 10
	339	+	WHEN THE EMPLOYER IS REQUIRED TO SUBMIT T HE LIST REQUI RED UNDER 11
	340	+	SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE EMPLOYER SHALL I NSTEAD SUBMIT 12
	341	+	THE LIST WITHIN 1 CALENDAR DAY AFTER T HE NEUTRAL DECISION MAKER HAS 13
	342	+	BEEN SELECTED . 14
	343	+
	344	+	(III) IF THE EMPLOYER FAILS TO PROVIDE AN EXPLAN ATION AS 15
	345	+	REQUIRED UNDER SUBPARAGRAPH (I)2 OF THIS PARAGRAPH , THE EMPLOYER MAY 16
	346	+	NOT CHALLENGE THE EL IGIBILITY OF AN EMPL OYEE’S VOTE IN AN ELECTIO N OR THE 17
	347	+	ELIGIBILITY TO SUBMI T A SHOWING OF INTER EST FORM FOR PURPOSE S OF 18
	348	+	SUBSECTION (D)(3) OF THIS SECTION. 19
	349	+
	350	+	(2) IF THE EMPLOYER FAILS TO SUBMIT THE LIST OF EMPLOYEES TO 20
	351	+	THE EMPLOYEE ORGANIZ ATION OR NEUTRAL DEC ISION MAKER WITHIN T HE 21
	352	+	REQUIRED TIME , IT SHALL BE CONCLUSI VELY DEEMED THAT AT LEAST 30% OF THE 22
	353	+	EMPLOYEES IN THE BAR GAINING UNIT HAVE IN DICATED A DESIRE TO BE 23
	354	+	REPRESENTED BY THE E MPLOYEE ORGANIZAT ION. 24
	355	+
	356	+	(D) (1) THE NEUTRAL DECISION MAKER SHALL CHECK TH E WRITTEN 25
	357	+	AUTHORIZATION CARDS SUBMITTED BY THE EMP LOYEE ORGANIZATION O R THE 26
	358	+	EMPLOYEES AGAINST TH E LIST OF EMPLOYEES SUBMITTED BY THE EMP LOYER. 27
	359	+
	360	+	(2) IF THE NEUTRAL DECISI ON MAKER DETERMINES THAT AT LEAST 28
	361	+	30% OF THE EMPLOYEES ON THE LIST HAVE INDICA TED A DESIRE TO BE 29
	362	+	REPRESENTED BY THE E MPLOYEE ORGANIZATION OR TO DECERTIFY AN E XCLUSIVE 30
	363	+	REPRESENTATIVE , THE NEUTRAL DECISION MAKER SHALL NOTIFY T HE EMPLOYER 31
	364	+	OF THE DETERMINATION . 32
	365	+
	366	+	(3) IF THE EMPLOYEE ORGA NIZATION SUBMITS A S HOWING OF 33
	367	+	INTEREST OF AT LEAST 50% OF THE EMPLOYEES IN AN UNREPRESENTED 34
	368	+	BARGAINING UNIT : 35
	369	+	SENATE BILL 591 9
	370	+
	371	+
	372	+	(I) THE NEUTRAL DECISION MAKER SHALL ISSUE TO EACH 1
	373	+	PARTICIPANT IN AN EL ECTION A CERTIFICATI ON OF REPRESENTATION ; AND 2
	374	+
	375	+	(II) THE EMPLOYER SHALL RECOGNIZE THE EMPLOYEE 3
	376	+	ORGANIZATION AS THE CERTIFIED BARGAINING REPRESENTATIVE OF TH E 4
	377	+	EMPLOYEES AT ISSUE . 5
	378	+
	379	+	(E) AN ELECTION MAY NOT B E CONDUCTED IN A BAR GAINING UNIT UNLESS 6
	380	+	AT LEAST 1 YEAR HAS PASSED SINC E THE LAST ELECTION HELD IN THE BARGAINI NG 7
	381	+	UNIT. 8
	382	+
	383	+	(F) (1) THE EMPLOYER SHALL NOTIFY ALL EMP LOYEES WITHIN THE 9
	384	+	PROPOSED BARGAINING UNIT THAT AN ELECTIO N WILL BE HELD AND R EQUEST A 10
	385	+	NEUTRAL DECISION MAK ER FROM THE FEDERAL MEDIATION AND CONCILIATION 11
	386	+	SERVICE TO OVERSEE AN D CONDUCT AN ELECTIO N BY SECRET BALLOT. 12
	387	+
	388	+	(2) THE BALLOT FOR AN ELE CTION SHALL INCLUDE THE FOLLOWING 13
	389	+	CHOICES: 14
	390	+
	391	+	(I) IN ACCORDANCE WITH TH E ISSUES PRESENTED B Y THE 15
	392	+	PETITION OR PETITION S, EXCLUSIVE REPRESENTA TION BY ANY EMPLOYEE 16
	393	+	ORGANIZATION SEEKING TO OBTAIN OR CONTINU E REPRESENTATION RIGHTS; AND 17
	394	+
	395	+	(II) NO EXCLUSIVE REPRESEN TATION. 18
	396	+
	397	+	(G) AN EMPLOYEE ORGANIZAT ION MAY INTERVENE IN THE ELECTION AND 19
	398	+	HAVE ITS NAME PLACED ON THE BALLOT IF : 20
	399	+
	400	+	(1) THE EMPLOYEE ORGANIZA TION FILES A PETITIO N NOT MORE 21
	401	+	THAN 15 CALENDAR DAYS AFTER THE DATE ON WHI CH THE ORIGINAL PETI TION IS 22
	402	+	FILED; 23
	403	+
	404	+	(2) THE EMPLOYEE ORGANIZA TION CERTIFIES THAT AT LEAST 30% 24
	405	+	OF THE EMPLOYEES OF THE UNIT: 25
	406	+
	407	+	(I) HAVE DESIGNATED THE E MPLOYEE ORGANIZATION TO 26
	408	+	REPRESENT THEM IN TH EIR EMPLOYMENT RELAT IONS WITH THE PUBLIC LIBRARY 27
	409	+	SYSTEM ADMINISTRATION ; OR 28
	410	+
	411	+	(II) ARE MEMBERS OF THE EM PLOYEE ORGANIZATION ; AND 29
	412	+
	413	+	(3) THE SHOWING OF INTERE ST IS VERIFIED AS PR OVIDED IN THIS 30
	414	+	SECTION. 31
413	415		10 SENATE BILL 591
414	416
415	417
416		-	(I) HAVE DESIGNATED THE E MPLOYEE ORGANIZATION T O 1
417		-	REPRESENT THEM IN TH EIR EMPLOYMENT RELAT IONS WITH THE PUBLIC LIBRARY 2
418		-	SYSTEM ADMINISTRATIO N; OR 3
	418	+	(H) (1) WITHIN 15 DAYS AFTER A NEUTRAL DECISION MAKER IS 1
	419	+	SELECTED, THE NEUTRAL DECISION MAKER SHALL HOLD A C ONFERENCE WITH THE 2
	420	+	PARTIES DURING WHICH ALL OBJECTIONS TO TH E PETITION AND THE C ONDUCT OF 3
	421	+	THE ELECTION MUST BE RAISED. 4
419	422
420		-	(II) ~~ARE MEMBERS OF~~ THE ~~EM PLOYEE ORGANIZATION ; AND 4~~
	423	+	(2) (I) THE ELECTION SHALL BE CONDUCTED : 5
421	424
422		-	(3) THE SHOWING OF INTERE ST IS VERIFIED AS PR OVIDED IN THIS 5
423		-	SECTION. 6
	425	+	1. ACCORDING TO THE PROC EDURES ESTABLISHED B Y 6
	426	+	THE NEUTRAL DECISION MAK ER FROM THE FEDERAL MEDIATION AND 7
	427	+	CONCILIATION SERVICE CONDUCTING TH E ELECTION; 8
424	428
425		-	(H) (1) WITHIN 15 DAYS AFTER A NEUTRAL DECISION MAKER IS 7
426		-	SELECTED, THE NEUTRAL DECISION MAKER SHALL HOLD A C ONFERENCE WITH THE 8
427		-	PARTIES DURING WHICH ALL OBJECTIONS TO TH E PETITION AND THE C ONDUCT OF 9
428		-	THE ELECTION MUST BE RAISED. 10
	429	+	2. SUBJECT TO SUBPARAGRA PH (II) OF THIS 9
	430	+	PARAGRAPH , IN CONSULTATION WITH THE PARTIES THAT ATT ENDED THE 10
	431	+	CONFERENCE REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION ; AND 11
429	432
430		-	(2) (I) THE ELECTION SHALL BE CONDUCTED: 11
	433	+	3. WITHIN 90 DAYS AFTER THE DAY O F FILING THE 12
	434	+	PETITION WITH THE EM PLOYER. 13
431	435
432		-	1. ACCORDING TO THE PROC EDURES ESTABLISHED B Y 12
433		-	THE NEUTRAL DECISION MAKER FROM THE FEDERAL MEDIATION AND 13
434		-	CONCILIATION SERVICE CONDUCTING TH E ELECTION; 14
	436	+	(II) 1. AN EMPLOYEE ORGANIZAT ION ON A BALLOT MAY 14
	437	+	REQUEST A PREFERRED METHOD OF VOTING . 15
435	438
436		-	2. ~~SUBJECT TO SUBPARAGRA~~ ~~PH (II) OF THIS 15~~
437		-	~~PARAGRAPH , IN CONSULTATION WITH~~ THE ~~PARTIES THAT A TTENDED~~ THE 16
438		-	~~CONFERENCE REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION ; AND 17~~
	439	+	2. THE NEUTRAL DECISION MAKER SHALL DESIGNAT E 16
	440	+	THE METHOD OF VOTING BASED ON THE REQUEST OF THE EM PLOYEE 17
	441	+	ORGANIZATIONS ON THE BALLOT. 18
439	442
440		-	3. WITHIN 90 DAYS AFTER THE DAY O F FILING THE 18
441		-	PETITION WITH THE EM PLOYER. 19
	443	+	3. IF THERE IS A DISPUTE BETWEEN TWO OR MORE 19
	444	+	EMPLOYEE ORGANIZATIO NS ON THE BALLOT OVE R THE METHOD OF VOTI NG, THE 20
	445	+	NEUTRAL DECISION MAK ER MAY DESIGNATE THE METHOD OF VOTING . 21
442	446
443		-	(II) 1. AN EMPLOYEE ORGANIZAT ION ON A BALLOT MAY 20
444		-	REQUEST A PREFERRED METHOD OF VOTING . 21
	447	+	(3) AN EMPLOYEE ORGANIZAT ION SHALL BE CERTIFIED AS 22
	448	+	EXCLUSIVE REPRESENTA TIVE FOLLOWING AN EL ECTION IF THE EMPLOY EE 23
	449	+	ORGANIZATION HAS REC EIVED THE VOTE OF A MAJORITY OF THE VALI D VOTES CAST 24
	450	+	IN THE BARGAINING UN IT IN WHICH THE ELEC TION IS HELD. 25
445	451
446		-	2. THE NEUTRAL DECISION M AKER SHALL DESIGNATE 22
447		-	THE METHOD OF VOTING BASED ON THE REQUEST OF THE EMPLOYEE 23
448		-	ORGANIZATIONS ON THE BALLOT. 24
	452	+	(4) (I) IF AN ELECTION INCLUD ES THREE OR MORE CHO ICES AND 26
	453	+	NO CHOICE RECEIVES A MAJORITY OF THE VALI D VOTES CAST , THE NEUTRAL 27
	454	+	DECISION MAKER SHALL CONDUCT A RUNOFF ELE CTION BETWEEN THE TW O 28
	455	+	CHOICES THAT RECEIVE D THE LARGEST NUMBER OF VALID VOTES CAST . 29
449	456
450		-	3. IF THERE IS A DISPUTE BETWEEN TWO OR MORE 25
451		-	EMPLOYEE ORGANIZATIO NS ON THE BALLOT OVE R THE METHOD OF VOTI NG, THE 26
452		-	NEUTRAL DE CISION MAKER MAY DES IGNATE THE METHOD OF VOTING. 27
	457	+	(II) THE CHOICE RECEIVING THE MAJORITY OF THE VALID 30
	458	+	VOTES CAST IN THE RU NOFF ELECTION SHALL BE CERTIFIED. 31
453	459
454		-	(3) AN EMPLOYEE ORGANIZAT ION SHALL BE CERTIFI ED AS 28
455		-	EXCLUSIVE REPRESENTA TIVE FOLLOWING AN EL ECTION IF THE EMPLOY EE 29
456		-	ORGANIZATION HAS REC EIVED THE VOTE OF A MAJORITY OF THE VALI D VOTES CAST 30
457		-	IN THE BARGAINING UNIT IN W HICH THE ELECTION IS HELD. 31
458		-	SENATE BILL 591 11
	460	+	(5) THE NEUTRAL DECISION MAKER CONDUCTING THE ELECTION 32
	461	+	SHALL ISSUE TO ALL T HE PARTICIPANTS IN A N ELECTION A CERTIFI CATION OF 33 SENATE BILL 591 11
459	462
460	463
461		-	(4) (I) IF AN ELECTION INCLUD ES THREE OR MORE CHO ICES AND 1
462		-	NO CHOICE RECEIVES A MAJORITY OF THE VALI D VOTES CAST , THE NEUTRAL 2
463		-	DECISION MAKER SHALL CONDUCT A RUNOFF ELE CTION BETWEEN THE TW O 3
464		-	CHOICES THAT RECEIVED THE LARGEST NUMBER OF VALID VOTE S CAST. 4
	464	+	REPRESENTATION , IF AN EMPLOYEE ORGAN IZATION IS CERTIFIED , OR THE RESULTS 1
	465	+	OF THE ELECTION , IF NO REPRESENTATIVE IS CHOSEN. 2
465	466
466		-	(II) THE CHOICE RECEIVING THE MAJORITY OF THE VALID 5
467		-	VOTES CAST IN THE RU NOFF ELECTION SHALL BE CERTIFIED. 6
	467	+	(I) (1) IF THE EMPLOYER DISAGREES WITH THE P ETITIONING EMPLOYEE 3
	468	+	ORGANIZATION OR THE PETITIONING EMPLOYEE S AS TO THE INCLUSIO N OR 4
	469	+	EXCLUSION OF SPECIFI C EMPLOYEES AND CLAS SIFICATIONS OF EMPLO YEES IN THE 5
	470	+	BARGAINING UNIT, ALL THE EMPLOYEES IN THE PETITIONED –FOR GROUP SHALL 6
	471	+	HAVE THE OPPORTUNITY TO VOTE IN THE ELECT ION. 7
468	472
469		-	(5) THE NEUTRAL DECISION MAKER CONDUCTING THE ELECTION 7
470		-	SHALL ISSUE TO ALL T HE PARTICIPANTS IN AN ELECTION A CERTIF ICATION OF 8
471		-	REPRESENTATION , IF AN EMPLOYEE ORGAN IZATION IS CERTIFIED , OR THE RESULTS 9
472		-	OF THE ELECTION , IF NO REPRESENTATIVE IS CHOSEN. 10
	473	+	(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE BALLOTS 8
	474	+	OF CHALLENGED EMPLOY EES SHALL REMAIN SEA LED AND BE SET ASIDE UNTIL THE 9
	475	+	BALLOTS OF EMPLOYEES WHO ARE NO T IN DISPUTE HAVE BE EN TALLIED. 10
473	476
474		-	(I) (1) IF THE EMPLOYER DISAGREES WITH THE P ETITIONING EMPLOYEE 11
475		-	ORGANIZATION OR THE PETITIONING EMPLO YEES AS TO THE INCLU SION OR 12
476		-	EXCLUSION OF SPECIFI C EMPLOYEES AND CLAS SIFICATIONS OF EMPLO YEES IN THE 13
477		-	BARGAINING UNIT , ALL THE EMPLOYEES IN THE PETITIONED –FOR GROUP SHALL 14
478		-	HAVE THE OPPORTUNITY TO VOTE IN THE ELECT ION. 15
	477	+	(3) (I) IF THE TOTAL NUMBER O F BALLOTS OF CHALLEN GED 11
	478	+	EMPLOYEES DOES NOT H AVE AN IMPACT ON THE ELECTION RESULT : 12
479	479
480		-	(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, THE BALLOTS 16
481		-	OF CHALLENGED EMPLOY EES SHALL REMAIN SEA LED AND BE SET ASIDE UNTIL THE 17
482		-	BALLOTS OF EMPLOYEES WHO ARE NOT IN DISPU TE HAVE BEEN TALLIED . 18
	480	+	1. THE PARTIES MAY NOT C OUNT THE BALLOTS OF 13
	481	+	CHALLENGED EMPLOYEES ; AND 14
483	482
484		-	(3) (I) IF THE TOTAL NUMBER O F BALLOTS OF CHALLEN GED 19
485		-	EMPLOYEES DOES NOT H AVE AN IMPACT ON THE ELECTION RESULT : 20
	483	+	2. THE NEUTRAL DECISION MAK ER SHALL RESOLVE THE 15
	484	+	DISPUTE OVER THE CHA LLENGED EMPLOYEES AF TER THE ELECTION IS CERTIFIED 16
	485	+	THROUGH A HEARING . 17
486	486
487		-	1. THE PARTIES MAY NOT C OUNT THE BALLOTS OF 21
488		-	CHALLENGED EMPLOYEES ; AND 22
	487	+	(II) IF THE TOTAL NUMBER O F BALLOTS OF CHALLEN GED 18
	488	+	EMPLOYEES DOES HAVE AN IMPACT ON THE ELE CTION RESULT, THE PARTIES SHALL 19
	489	+	IMMEDIATELY REFER TH E DISPUTE TO THE NEU TRAL DECISION MAKER FROM THE 20
	490	+	FEDERAL MEDIATION AND CONCILIATION SERVICE TO RESOLVE TH E DISPUTE 21
	491	+	THROUGH A HEARING . 22
489	492
490		-	2. THE NEUTRAL DECISION MAKER SHALL RESOLVE THE 23
491		-	DISPUTE OVER THE CHA LLENGED EMPLOYEES AF TER THE ELECTION IS CERTIFIED 24
492		-	THROUGH A HEARING . 25
	493	+	(4) (I) THE NEUTRAL DECISION MAKER SHALL HOLD A H EARING 23
	494	+	ON THE DISPUTE REFER RED UNDER PARAGRAPH (3)(II) OF THIS SUBSECTION : 24
493	495
494		-	(II) IF THE TOTAL N UMBER OF BALLOTS OF CHALLENGED 26
495		-	EMPLOYEES DOES HAVE AN IMPACT ON THE ELE CTION RESULT, THE PARTIES SHALL 27
496		-	IMMEDIATELY REFER TH E DISPUTE TO THE NEU TRAL DECISION MAKER FROM THE 28
497		-	FEDERAL MEDIATION AND CONCILIATION SERVICE TO RESOLVE TH E DISPUTE 29
498		-	THROUGH A HEARING . 30
	496	+	1. WITH THE PARTIES PRES ENTING EVIDENCE ON T HEIR 25
	497	+	POSITIONS; AND 26
499	498
500		-	~~(4) (I)~~ THE ~~NEUTRAL DECISION MAKER SHALL HOLD A H EARING 31~~
501		-	~~ON THE DISPUTE REFER RED UNDER PARAGRAPH (3)(II) OF THIS SUBSECTION : 32~~
	499	+	2. WITHIN 30 DAYS AFTER THE ELECT ION HAS 27
	500	+	CONCLUDED . 28
502	501
503		-	1. WITH THE PARTIES PRES ENTING EVIDENCE ON T HEIR 33
504		-	POSITIONS; AND 34 12 SENATE BILL 591
	502	+	(II) IF THE NEUTRAL DECISI ON MAKER FINDS THAT 29
	503	+	CHALLENGED EMPLOYEES ARE PROPERLY INCLUDE D WITHIN THE B ARGAINING 30
	504	+	UNIT, THE BALLOTS OF THE C HALLENGED EMPLOYEES SHALL BE COUNTED IN THE 31
	505	+	TOTAL TALLY FOR THE ELECTION. 32
	506	+	12 SENATE BILL 591
	507	+
	508	+
	509	+	(III) 1. THE NEUTRAL DECISION MAKER SHALL ISSUE A 1
	510	+	DECISION WITHIN 30 DAYS AFTER THE HEARI NG CONCLUDES . 2
	511	+
	512	+	2. THE NEUTRAL DECISION MAKER’S FINDINGS SHALL 3
	513	+	BE FINAL AND BINDING ON THE PARTIES . 4
	514	+
	515	+	(J) (1) IF EMPLOYEES ARE REPR ESENTED BY AN EMPLOY EE 5
	516	+	ORGANIZATION , EMPLOYEES MAY FILE A PETITION WITH THE EM PLOYER THAT 6
	517	+	CONTAINS THE FOLLOWI NG: 7
	518	+
	519	+	(I) AN ASSERTION THAT THE MAJORITY OF THE EMPL OYEES NO 8
	520	+	LONGER WISH TO BE RE PRESENTED BY THE EMP LOYEE ORGANIZATION ; 9
	521	+
	522	+	(II) A STATEMENT THAT THE E MPLOYEES HAVE IN THE IR 10
	523	+	POSSESSION SUBSTANTI VE DOCUMENTARY PROOF , DATED NOT MORE THAN 6 11
	524	+	MONTHS BEFORE THE DA Y ON WHICH THE PETIT ION IS FILED, THAT AT LEAST 30% 12
	525	+	OF THE EMPLOYEES WITHIN THE BARGAINING UNIT APPR OVE OF THE 13
	526	+	DECERTIFICATION OF T HE EMPLOYEE ORGANIZA TION; AND 14
	527	+
	528	+	(III) A STATEMENT EXPLAINING THAT THE EMPLOYEES A RE 15
	529	+	SEEKING DECERTIFICAT ION OF THE EMPLOYEE ORGANIZATION AS THE EXCLUSIVE 16
	530	+	REPRESENTATIVE FOR T HE BARGAINING UNIT. 17
	531	+
	532	+	(2) (I) THE PETITION SHALL BE PROCESSED AS DESCRIB ED IN 18
	533	+	THIS SECTION , INCLUDING VERIFICATI ON OF PROOF OF INTER EST AND AN 19
	534	+	ELECTION. 20
	535	+
	536	+	(II) AN EMPLOYEE ORGANIZAT ION SHALL BE DECERTI FIED AS 21
	537	+	EXCLUSIVE REPRESENTA TIVE FOLLOWING AN EL ECTION IF THE MAJORITY OF THE 22
	538	+	VALID VOTES CAST IN THE UNIT IN WHICH TH E ELECTION IS HELD A RE FOR NO 23
	539	+	REPRESENTATION . 24
	540	+
	541	+	23–908. 25
	542	+
	543	+	(A) IF AN EMPLOYEE ORGANI ZATION IS CERTIFIED AS DESCRIBED IN THIS 26
	544	+	SUBTITLE, THE EMPLOYER AND THE EMPLOYEE ORGANIZATIO N SHALL ENTER INTO 27
	545	+	A COLLECTIVE BARGAINING AGREEMENT THAT CONTA INS PROVISIONS REGAR DING: 28
	546	+
	547	+	(1) WAGES, HOURS, AND TERMS AND CONDIT IONS OF EMPLOYMENT ; 29
	548	+
	549	+	(2) THE ORDERLY PROCESSIN G AND SETTLEMENT OF GRIEVANCES 30
	550	+	REGARDING THE INTERP RETATION AND IMPLEME NTATION OF THE COLLE CTIVE 31
	551	+	BARGAINING AGREEMENT TH AT CULMINATE IN FINA L AND BINDING ARBITR ATION, 32
	552	+	INCLUDING APPEALS OF DISCIPLINARY AND OTH ER ADVERSE PERSONNEL ACTIONS 33 SENATE BILL 591 13
	553	+
	554	+
	555	+	SUBJECT TO JUDICIAL REVIEW UNDER THE MARYLAND UNIFORM ARBITRATION 1
	556	+	ACT; AND 2
	557	+
	558	+	(3) OTHER TOPICS THAT THE PARTIES MAY MUT UALLY AGREE TO 3
	559	+	THAT WERE SUITABLE F OR BARGAINING . 4
	560	+
	561	+	(B) (1) THE EMPLOYER AUTOMATI CALLY SHALL DEDUCT F ROM THE 5
	562	+	PAYCHECK OF AN EMPLO YEE WHO IS A MEMBER OF THE BARGAINING UN IT 6
	563	+	REPRESENTED BY THE C ERTIFIED EXCLUSIVE R EPRESENTATIVE DUES A UTHORIZED 7
	564	+	AND OWED BY TH E EMPLOYEE TO THE CE RTIFIED EXCLUSIVE RE PRESENTATIVE IF 8
	565	+	THE EMPLOYEE SUBMITS TO THE EMPLOYER A DU ES DEDUCTION AUTHORI ZATION 9
	566	+	THAT HAS BEEN DULY E XECUTED BY THE EMPLO YEE. 10
	567	+
	568	+	(2) ANY DUES DEDUCTED FRO M PAYCHECKS UNDER PA RAGRAPH (1) 11
	569	+	OF THIS SUBSECTION S HALL BE REMITTED TO THE CERT IFIED EXCLUSIVE 12
	570	+	REPRESENTATIVE . 13
	571	+
	572	+	(3) THE EMPLOYER AUTOMATI CALLY SHALL STOP MAK ING PAYROLL 14
	573	+	DEDUCTIONS UNDER PAR AGRAPH (1) OF THIS SUBSECTION O N BEHALF OF A 15
	574	+	CERTIFIED EXCLUSIVE REPRESENTATIVE IF : 16
	575	+
	576	+	(I) THE CERTIFIED EXCLUSI VE REPRESE NTATIVE IS 17
	577	+	DECERTIFIED; 18
	578	+
	579	+	(II) THE CERTIFIED EXCLUSI VE REPRESENTATIVE ’S RIGHT TO 19
	580	+	DUES IS REVOKED UNDE R § 23–913(D)(3) OF THIS SUBTITLE; 20
	581	+
	582	+	(III) THE EMPLOYEE CEASES T O BE A MEMBER OF THE 21
	583	+	BARGAINING UNIT REPR ESENTED BY THE CERTI FIED EXCLUSIVE REPRE SENTATIVE; 22
	584	+	OR 23
	585	+
	586	+	(IV) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION , THE 24
	587	+	EMPLOYEE REVOKES THE AUTHORIZATION FOR PA YMENTS TO THE EXCLUS IVE 25
	588	+	REPRESENTATIVE IN AC CORDANCE WITH THE PR OCEDURES PROVIDED IN A DUES 26
	589	+	DEDUCTION AUTHORIZAT ION. 27
	590	+
	591	+	(4) THE PROCEDURES PROVID ED IN A DUES DEDUCTION 28
	592	+	AUTHORIZATION UTILIZ ED UNDER THIS SUBSEC TION SHALL ALLOW FOR A 29
	593	+	REVOCATION OF THE AU THORIZATION FOR PAYM ENTS TO THE EXCLUSIV E 30
	594	+	REPRESENTATIVE AT LE AST ANNUALLY . 31
	595	+
	596	+	(C) THIS SECTION MAY NOT BE CONSTRUED TO : 32
	597	+	14 SENATE BILL 591
	598	+
	599	+
	600	+	(1) AUTHORIZE OR OTHERWIS E ALLOW AN EMPLOYEE TO ENGAGE IN 1
	601	+	A STRIKE OR WORK STO PPAGE, AS THOSE TERMS ARE D EFINED IN § 23–913 OF THIS 2
	602	+	SUBTITLE; OR 3
	603	+
	604	+	(2) RESTRICT THE AUTHORIT Y OF THE GOVERNING B ODY TO 4
	605	+	DETERMINE THE BUDGET OF THE EMPLOYER . 5
	606	+
	607	+	(D) (1) A COLLECTIVE BARGAININ G AGREEMENT E NTERED INTO UNDER 6
	608	+	SUBSECTION (A) OF THIS SECTION SHAL L BE EFFECTIVE ON RA TIFICATION BY THE 7
	609	+	MAJORITY OF VOTES CA ST BY THE EMPLOYEES IN THE BARGAINING UN IT AND 8
	610	+	APPROVAL BY THE DIRE CTOR AND THE EMPLOYE R. 9
	611	+
	612	+	(2) A SINGLE–YEAR OR MULTIYEAR CO LLECTIVE BARGAINING 10
	613	+	AGREEMENT SHALL EXPI RE AT THE CLOSE OF T HE COUNTY’S FISCAL YEAR. 11
	614	+
	615	+	23–909. 12
	616	+
	617	+	(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 13
	618	+	THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL REACH 14
	619	+	AN AGREEMENT BY FEBRUARY 1 OF THE YEAR IN WHICH A COLLECTIVE BARGAIN ING 15
	620	+	AGREEMENT WILL EXPIR E. 16
	621	+
	622	+	(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE 17
	623	+	EMPLOYER AND THE CER TIFIED EXCLUSIVE REP RESENTATIVE MUTUALLY MAY 18
	624	+	AGREE TO EXTEND NEGO TIATIONS FOR A PERIO D NOT TO EXTEND PAST JUNE 30 OF 19
	625	+	THE YEAR IN WHI CH A COLLECTIVE BARG AINING AGREEMENT WIL L EXPIRE. 20
	626	+
	627	+	(3) ANY EXTENSION MUST AC KNOWLEDGE ANY RELEVA NT COUNTY 21
	628	+	BUDGETARY DEADLINES IN WRITING TO ENSURE THAT PARTIES MEET CR UCIAL 22
	629	+	FUNDING DEADLINES . 23
	630	+
	631	+	(B) AN IMPASSE IS REACHED DURING THE NEGOTIATI ONS BETWEEN TH E 24
	632	+	EMPLOYER AND THE CER TIFIED EXCLUSIVE REP RESENTATIVE IF THE E MPLOYER 25
	633	+	AND THE CERTIFIED EX CLUSIVE REPRESENTATI VE DO NOT REACH AN A GREEMENT 26
	634	+	BY: 27
	635	+
	636	+	(1) STATING THEY HAVE MUT UALLY AGREED THAT TH EY ARE AT AN 28
	637	+	IMPASSE; 29
	638	+
	639	+	(2) FEBRUARY 1 OF THE YEAR IN WHICH A COLLECTIVE BARGAINING 30
	640	+	AGREEMENT WILL EXPIR E; OR 31
	641	+
	642	+	(3) IF NEGOTIATIONS WERE EXTENDED, THE DATE TO WHICH 32
	643	+	NEGOTIATIONS WERE EX TENDED UNDER SUBSECT ION (A)(2) OF THIS SECTION. 33 SENATE BILL 591 15
505	644
506	645
507	646
508		-	2. WITHIN 30 DAYS AFTER THE ELECT ION HAS 1
509		-	CONCLUDED . 2
	647	+	(C) (1) IF AN IMPASSE IS REAC HED UNDER SUBSECTION (B) OF THIS 1
	648	+	SECTION, THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL 2
	649	+	EACH SUBMIT A FINAL OFFER TO THE OTHER PARTY W ITHIN 48 HOURS AFTER THE 3
	650	+	IMPASSE IS REACHED . 4
510	651
511		-	(II) IF THE ~~NEUTRAL DECISI ON MAKER FINDS THAT 3~~
512		-	~~CHALLENGED EMPLOYEES ARE PROPERLY INCLUDE D WITHIN~~ THE ~~BARGAIN ING 4~~
513		-	~~UNIT,~~ THE ~~BALLOTS OF THE C HALLENGED EMPLOYEES SHALL BE COUNTED~~ IN ~~THE 5~~
514		-	~~TOTAL TALLY FOR THE ELECTION~~. 6
	652	+	(2) UNLESS THE IMPASSE RE ACHED UNDER SUBSECTION (B) OF THIS 5
	653	+	SECTION HAS BEEN RES OLVED, THE DISPUTE AND THE FINAL OFFERS SHALL B E 6
	654	+	SUBMITTED TO THE MED IATOR SELECTED BY TH E PARTIES IN ACCORDA NCE WITH 7
	655	+	SUBSECTION (D) OF THIS SECTION. 8
515	656
516		-	(~~III~~) 1. THE ~~NEUTRAL DECISION MAKER SH ALL ISSUE A 7~~
517		-	~~DECISION WITHIN 30 DAYS AFTER~~ THE ~~HEARI NG CONCLUDES . 8~~
	657	+	(D) (1) WITHIN 30 DAYS AFTER A MEDIATO R IS SELECTED BY THE 9
	658	+	PARTIES, THE MEDIATOR SHALL : 10
518	659
519		-	2. THE ~~NEUTRAL DECISION MAKER’S FINDINGS SHALL 9~~
520		-	~~BE FINAL~~ AND ~~BINDING ON THE PARTIES . 10~~
	660	+	(I) MEET WITH THE EMPLOYE R AND THE CERTIFIED 11
	661	+	EXCLUSIVE REPRESENTA TIVE; AND 12
521	662
522		-	(J) ~~(1) IF EMPLOYEES ARE REPR~~ ~~ESENTED BY AN EMPLOY EE 11~~
523		-	~~ORGANIZATION , EMPLOYEES MAY FILE A PETITION WIT H~~ THE ~~EMPLOYER THAT 12~~
524		-	~~CONTAINS THE FOLLOWI NG:~~ 13
	663	+	(II) MAKE WRITTEN FINDINGS OF FACT AND 13
	664	+	RECOMMENDATIONS FOR THE RESOLUTION OF TH E DISPUTE IN ACCORDA NCE WITH 14
	665	+	THIS SUBSECTION . 15
525	666
526		-	(I) AN ASSERTION THAT THE MAJORITY OF THE EMPL OYEES NO 14
527		-	LONGER WISH TO BE RE PRESENTED BY THE EMP LOYEE ORGANIZATION ; 15
	667	+	(2) (I) IF THE PARTIES ARE UNABLE TO AGREE ON A MEDIATOR , 16
	668	+	THEY SHALL REQUEST A LIST OF SEVEN MEDIAT ORS FROM THE FEDERAL 17
	669	+	MEDIATION AND CONCILIATION SERVICE. 18
528	670
529		-	(II) A STATEMENT THAT THE E MPLOYEES HAVE IN THE IR 16
530		-	POSSESSION SUBSTANTI VE DOCUMENTARY PROOF, DATED NOT MORE THAN 6 17
531		-	MONTHS BEFORE THE DA Y ON WHICH THE PETIT ION IS FILED, THAT AT LEAST 30% 18
532		-	OF THE EMPLOYEES WIT HIN THE BARGAINING U NIT APPROVE OF THE 19
533		-	DECERTIFICATION OF T HE EMPLOYEE ORGANIZA TION; AND 20
	671	+	(II) 1. SUBJECT TO SUBSUBPARA GRAPH 2 OF THIS 19
	672	+	SUBPARAGRAPH , WITHIN 3 WORKING DAYS AFTER R ECEIVING THE LIST UN DER 20
	673	+	SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE PARTIES SHALL AL TERNATELY 21
	674	+	REMOVE ONE MEDIATOR FROM THE LIST UNTIL ONLY ONE MEDIATOR RE MAINS, WHO 22
	675	+	THE PARTIES SHALL AG REE WILL SERVE AS TH E MEDIATOR UNDER THI S 23
	676	+	SUBSECTION. 24
534	677
535		-	~~(III) A STATEMENT EXPLAINING THAT~~ THE ~~EMPL OYEES ARE 21~~
536		-	~~SEEKING DECERTIFICAT ION OF~~ THE ~~EMPLOYEE ORGANIZATION AS THE EXCLUSIVE 22~~
537		-	~~REPRESENTATIVE~~ FOR ~~T HE BARGAINING UNIT~~ . 23
	678	+	2. THE PARTIES SHALL SEL ECT WHICH PARTY REMOVES 25
	679	+	THE FIRST MEDIATOR F ROM THE LIST BY USIN G A SELECTION METHOD THAT IS 26
	680	+	RANDOM AND OF EQUAL CHANCE FOR BOTH PART IES. 27
538	681
539		-	(~~2) (I~~) THE ~~PETITION~~ SHALL ~~BE PROCESSED~~ AS ~~DESCRIB ED~~ IN 24
540		-	~~THIS SECTION , INCLUDING VERIFICATI ON OF PROOF OF INTER EST~~ AND ~~AN 25~~
541		-	~~ELECTION. 26~~
	682	+	(3) THE MEDIATOR SHALL AC T AS AN INTERMEDIARY IN BRINGING 28
	683	+	THE PARTIES TOGETHER AND SHALL ACTIVELY A SSIST THE PARTIES IN RESOLVING 29
	684	+	THE DISPUTE BY: 30
542	685
543		-	(II) AN EMPLOYEE ORGANIZAT ION SHALL BE DECERTI FIED AS 27
544		-	EXCLUSIVE REPRESENTA TIVE FOLLOWING AN EL ECTION IF THE MAJORI TY OF THE 28
545		-	VALID VOTES CAST IN THE UNIT IN WHICH TH E ELECTION IS HELD A RE FOR NO 29
546		-	REPRESENTATION . 30
547		-
548		-	23–908. 31
549		-	SENATE BILL 591 13
550		-
551		-
552		-	(A) IF AN EMPLOYEE ORGANI ZATION IS CERTIFIED AS DESCR IBED IN THIS 1
553		-	SUBTITLE, THE EMPLOYER AND THE EMPLOYEE ORGANIZATIO N SHALL ENTER INTO 2
554		-	A COLLECTIVE BARGAIN ING AGREEMENT THAT C ONTAINS PROVISIONS R EGARDING: 3
555		-
556		-	(1) WAGES, HOURS, AND TERMS AND CONDIT IONS OF EMPLOYMENT ; 4
557		-
558		-	(2) THE ORDERLY PRO CESSING AND SETTLEME NT OF GRIEVANCES 5
559		-	REGARDING THE INTERP RETATION AND IMPLEME NTATION OF THE COLLE CTIVE 6
560		-	BARGAINING AGREEMENT THAT CULMINATE IN FI NAL AND BINDING ARBI TRATION, 7
561		-	INCLUDING APPEALS OF DISCIPLINARY AND OTH ER ADVERSE PERSONNEL ACTIONS 8
562		-	SUBJECT TO JU DICIAL REVIEW UNDER THE MARYLAND UNIFORM ARBITRATION 9
563		-	ACT; AND 10
564		-
565		-	(3) OTHER TOPICS THAT THE PARTIES MAY MUTUALLY AGREE TO 11
566		-	THAT WERE SUITABLE F OR BARGAINING . 12
567		-
568		-	(B) (1) THE EMPLOYER AUTOMATI CALLY SHALL DEDUCT F ROM THE 13
569		-	PAYCHECK OF AN EMPLO YEE WHO IS A MEMBER OF THE BARGAINING UN IT 14
570		-	REPRESENTED BY THE C ERTIFIED EXCLUSIVE R EPRESENTATIVE DUES A UTHORIZED 15
571		-	AND OWED BY THE EMPL OYEE TO THE CERTIFIE D EXCLUSIVE REPRESEN TATIVE IF 16
572		-	THE EMPLOYEE SUBMITS TO THE EMPLOYER A DU ES DEDUCTION AUTHORI ZATION 17
573		-	THAT HAS BEEN DULY E XECUTED BY THE EMPLOYEE . 18
574		-
575		-	(2) ANY DUES DEDUCTED FRO M PAYCHECKS UNDER PA RAGRAPH (1) 19
576		-	OF THIS SUBSECTION S HALL BE REMITTED TO THE CERTIFIED EXCLUS IVE 20
577		-	REPRESENTATIVE . 21
578		-
579		-	(3) THE EMPLOYER AUTOMATI CALLY SHALL STOP MAK ING PAYROLL 22
580		-	DEDUCTIONS UNDER PAR AGRAPH (1) OF THIS SUBSECTION ON BEH ALF OF A 23
581		-	CERTIFIED EXCLUSIVE REPRESENTATIVE IF : 24
582		-
583		-	(I) THE CERTIFIED EXCLUSI VE REPRESENTATIVE IS 25
584		-	DECERTIFIED; 26
585		-
586		-	(II) THE CERTIFIED EXCLUSI VE REPRESENTATIVE ’S RIGHT TO 27
587		-	DUES IS REVOKED UNDE R § 23–913(D)(3) OF THIS SUBTITLE; 28
588		-
589		-	(III) THE EMPLOYEE CEASES T O BE A MEMBER OF THE 29
590		-	BARGAINING UNIT REPR ESENTED BY THE CERTI FIED EXCLUSIVE REPRE SENTATIVE; 30
591		-	OR 31
592		-
593		-	(IV) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION , THE 32
594		-	EMPLOYEE REVOKES THE AUTHORIZATION FOR PA YMENTS TO THE EXCLUS IVE 33 14 SENATE BILL 591
595		-
596		-
597		-	REPRESENTATIVE IN ACCORDANCE WITH THE PROCEDURES PROVIDED IN A DUES 1
598		-	DEDUCTION AUTHORIZAT ION. 2
599		-
600		-	(4) THE PROCEDURES PROVID ED IN A DUES DEDUCTI ON 3
601		-	AUTHORIZATION UTILIZ ED UNDER THIS SUBSEC TION SHALL ALLOW FOR A 4
602		-	REVOCATION OF THE AU THORIZATION FOR PAYM ENTS TO THE EXCLUSIV E 5
603		-	REPRESENTATIVE AT LEAST ANNUALLY. 6
604		-
605		-	(C) THIS SECTION MAY NOT BE CONSTRUED TO : 7
606		-
607		-	(1) AUTHORIZE OR OTHERWIS E ALLOW AN EMPLOYEE TO ENGAGE IN 8
608		-	A STRIKE OR WORK STO PPAGE, AS THOSE TERMS ARE D EFINED IN § 23–913 OF THIS 9
609		-	SUBTITLE; OR 10
610		-
611		-	(2) RESTRICT THE AUTHORIT Y OF THE GOVERNING FUNDING BODY 11
612		-	OF THE APPLICABLE CO UNTY TO DETERMINE THE BUD GET OF THE EMPLOYER . 12
613		-
614		-	(D) (1) A COLLECTIVE BARGAININ G AGREEMENT ENTERED INTO UNDER 13
615		-	SUBSECTION (A) OF THIS SECTION SHAL L BE EFFECTIVE ON RA TIFICATION BY THE 14
616		-	MAJORITY OF VOTES CA ST BY THE EMPLOYEES IN THE B ARGAINING UNIT AND 15
617		-	APPROVAL BY THE DIRE CTOR AND THE EMPLOYE R. 16
618		-
619		-	(2) A SINGLE–YEAR OR MULTIYEAR CO LLECTIVE BARGAINING 17
620		-	AGREEMENT SHALL EXPI RE AT THE CLOSE OF T HE COUNTY’S FISCAL YEAR. 18
621		-
622		-	23–909. 19
623		-
624		-	(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 20
625		-	THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL REACH 21
626		-	AN AGREEMENT BY FEBRUARY 1 OF THE YEAR IN WHICH A COLLECTIVE BARGAIN ING 22
627		-	AGREEMENT WILL EXPIR E. 23
628		-
629		-	(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE 24
630		-	EMPLOYER AND THE CERTIFIED EXCLUS IVE REPRESENTATIVE M UTUALLY MAY 25
631		-	AGREE TO EXTEND NEGO TIATIONS FOR A PERIO D NOT TO EXTEND PAST JUNE 30 OF 26
632		-	THE YEAR IN WHICH A COLLECTIVE BARGAININ G AGREEMENT WILL EXP IRE. 27
633		-
634		-	(3) ANY EXTENSION MUST AC KNOWLEDGE ANY RELEVA NT COUNTY 28
635		-	BUDGETARY DEADLINES IN WRITING TO ENSURE THAT PARTI ES MEET CRUCIAL 29
636		-	FUNDING DEADLINES . 30
637		-
638		-	(B) AN IMPASSE IS REACHED DURING THE NEGOTIATI ONS BETWEEN THE 31
639		-	EMPLOYER AND THE CER TIFIED EXCLUSIVE REP RESENTATIVE IF THE E MPLOYER 32 SENATE BILL 591 15
640		-
641		-
642		-	AND THE CERTIFIED EX CLUSIVE REPRESENTATI VE DO NOT REACH AN AGREEMEN T 1
643		-	BY: 2
644		-
645		-	(1) STATING THEY HAVE MUT UALLY AGREED THAT TH EY ARE AT AN 3
646		-	IMPASSE; 4
647		-
648		-	(2) FEBRUARY 1 OF THE YEAR IN WHICH A COLLECTIVE BARGAIN ING 5
649		-	AGREEMENT WILL EXPIR E; OR 6
650		-
651		-	(3) IF NEGOTIATIONS WERE EXTENDED, THE DATE TO WHICH 7
652		-	NEGOTIATIONS WE RE EXTENDED UNDER SU BSECTION (A)(2) OF THIS SECTION. 8
653		-
654		-	(C) (1) IF AN IMPASSE IS REAC HED UNDER SUBSECTION (B) OF THIS 9
655		-	SECTION, THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL 10
656		-	EACH SUBMIT A FINAL OFFER TO THE OTHER P ARTY WITHIN 48 HOURS AFTER T HE 11
657		-	IMPASSE IS REACHED . 12
658		-
659		-	(2) UNLESS THE IMPASSE RE ACHED UNDER SUBSECTI ON (B) OF THIS 13
660		-	SECTION HAS BEEN RES OLVED, THE DISPUTE AND THE FINAL OFFERS SHALL B E 14
661		-	SUBMITTED TO THE MED IATOR SELECTED BY TH E PARTIES IN ACCORDA NCE WITH 15
662		-	SUBSECTION (D) OF THIS SECTION. 16
663		-
664		-	(D) (1) WITHIN 30 DAYS AFTER A MEDIATO R IS SELECTED BY THE 17
665		-	PARTIES, THE MEDIATOR SHALL : 18
666		-
667		-	(I) MEET WITH THE EMPLOYE R AND THE CERTIFIED 19
668		-	EXCLUSIVE REPRESENTA TIVE; AND 20
669		-
670		-	(II) MAKE WRITTEN FINDINGS OF FACT AND 21
671		-	RECOMMENDATIONS FOR THE RESOLUTION OF TH E DISPUTE IN ACCORDANCE WITH 22
672		-	THIS SUBSECTION . 23
673		-
674		-	(2) (I) IF THE PARTIES ARE UN ABLE TO AGREE ON A M EDIATOR, 24
675		-	THEY SHALL REQUEST A LIST OF SEVEN MEDIAT ORS FROM THE FEDERAL 25
676		-	MEDIATION AND CONCILIATION SERVICE. 26
677		-
678		-	(II) 1. SUBJECT TO SUBSUBPARA GRAPH 2 OF THIS 27
679		-	SUBPARAGRAPH , WITHIN 3 WORKING DAYS AFTER R ECEIVING THE LIST UN DER 28
680		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE PARTIES SHALL AL TERNATELY 29
681		-	REMOVE ONE MEDIATOR FROM THE LIST UNTIL ONLY ONE MEDIATOR RE MAINS, WHO 30
682		-	THE PARTIES SHALL AG REE WILL SERVE AS TH E MEDIATOR U NDER THIS 31
683		-	SUBSECTION. 32
	686	+	(I) CONDUCTING PROCEEDING S IN ACCORDANCE WITH THIS 31
	687	+	SUBSECTION; 32
684	688		16 SENATE BILL 591
685	689
686	690
687		-	2. THE PARTIES SHALL SEL ECT WHICH PARTY REMO VES 1
688		-	THE FIRST MEDIATOR F ROM THE LIST BY USIN G A SELECTION METHOD THAT IS 2
689		-	RANDOM AND OF EQUAL CHANCE FOR BOTH PART IES. 3
	691	+	(II) IDENTIFYING THE MAJOR ISSUES IN THE DISPUT E BETWEEN 1
	692	+	THE PARTIES; 2
690	693
691		-	(3) THE MEDIATOR SHALL AC T AS AN INTERMEDIARY IN BRINGING 4
692		-	THE PARTIES TOGETHER AND SHALL ACTIVELY ASSIS T THE PARTIES IN RES OLVING 5
693		-	THE DISPUTE BY: 6
	694	+	(III) REVIEWING THE POSITIO NS OF THE PARTIES ; AND 3
694	695
695		-	(I) ~~CONDUCTING PROCEEDING S IN ACCORDANCE WITH THIS 7~~
696		-	~~SUBSECTION; 8~~
	696	+	(IV) RECOMMENDING A RESOLU TION FOR THE AG REEMENT OF 4
	697	+	THE PARTIES. 5
697	698
698		-	(II) IDENTIFYING THE MAJOR ISSUES IN THE DISPUT E BETWEEN 9
699		-	THE PARTIES; 10
	699	+	(4) A RESOLUTION UNDER THI S SUBSECTION: 6
700	700
701		-	(III) REVIEWING THE POSITIONS OF THE PAR TIES; AND 11
	701	+	(I) SHALL ADDRESS MATTERS SUCH AS WAGES , HOURS, OR 7
	702	+	TERMS AND CONDITIONS OF EMPLOYMENT ; 8
702	703
703		-	(IV) RECOMMENDING A RESOLU TION FOR THE AGREEME NT OF 12
	704	+	(II) EXCEPT FOR COSTS ASSE SSED TO EMPLOYEES FO R HEALTH 9
	705	+	CARE BENEFITS , MAY NOT INCLUDE HEAL TH CARE BENEFITS UNLESS THE BENEFITS 10
	706	+	ARE CONTRACTED DIREC TLY THROUGH THE PUBL IC LIBRARY SYSTEM ; AND 11
	707	+
	708	+	(III) MAY NOT EXCEED 1 FISCAL YEAR, UNLESS AGREED TO BY 12
704	709		THE PARTIES. 13
705	710
706		-	(4) A RESOLUTION UNDER THI S SUBSECTION: 14
	711	+	(5) (I) ANY RESOLUTION UNDER THIS SUBSECTION REGA RDING 14
	712	+	PENSION BENEFITS SHA LL BE CO NSTRUED AS A RECOMME NDATION FOR 15
	713	+	CONSIDERATION BY THE PENSION SPONSOR OF THE STATE OR RESPECTIVE 16
	714	+	COUNTY. 17
707	715
708		-	(I) SHALL ADDRESS MATTERS SUCH AS WAGES , HOURS, OR 15
709		-	TERMS AND CONDITIONS OF EMPLOYMENT ; 16
	716	+	(II) A CHANGE MAY NOT BE MA DE TO PENSION BENEFI TS 18
	717	+	UNLESS AN APPROPRIAT E PLAN AMENDMENT IS ADOPTED BY THE PLAN SPONSOR 19
	718	+	OF THE STATE OR RESPECTIVE COUNTY. 20
710	719
711		-	(II) EXCEPT FOR COS TS ASSESSED TO EMPLO YEES FOR HEALTH 17
712		-	CARE BENEFITS , MAY NOT INCLUDE HEAL TH CARE BENEFITS UNL ESS THE BENEFITS 18
713		-	ARE CONTRACTED DIREC TLY THROUGH THE PUBL IC LIBRARY SYSTEM ; AND 19
	720	+	(6) (I) BEFORE ISSUING A FINA L DECISION, THE MEDIATOR SHALL 21
	721	+	TAKE INTO CONSIDERAT ION, AMONG ANY OTHER RELE VANT FACTORS : 22
714	722
715		-	~~(III) MAY~~ NOT ~~EXCEED 1 FISCAL YEAR, UNLESS AGREED TO BY 20~~
716		-	THE ~~PARTIES. 21~~
	723	+	1. THE WAGES AND PENSION BENEFITS, NOT INCLUDING 23
	724	+	HEALTH CARE BENEFITS , OF THE EMPLOYEES OF THE BARGAINING UNIT ; 24
717	725
718		-	(5) (I) ANY RESOLUTION UNDER THIS SUBSECTION REGA RDING 22
719		-	PENSION BENEFITS SHA LL BE CONSTRUED AS A RECOMMENDATION FOR 23
720		-	CONSIDERATION BY THE PENSION SPONSOR OF T HE STATE OR RESPECTIVE 24
721		-	COUNTY. 25
	726	+	2. THE WAGES AND PENSION BENEFITS OF OTHER 25
	727	+	SIMILARLY SITUATED E MPLOYEES PERFORMING SIMILAR SERVICES IN LIBRARIES 26
	728	+	OF COMPARABLE COUNTI ES IN THE STATE, TAKING INTO CONSIDER ATION THE 27
	729	+	COST–OF–LIVING INDEX FOR THE AREA IN WHICH THE CO MPARABLE COUNTY IS 28
	730	+	LOCATED; 29
722	731
723		-	(II) A CHANGE MAY NOT BE MA DE TO PENSION BENEFI TS 26
724		-	UNLESS AN APPROPRIAT E PLAN AMENDMENT IS ADOP TED BY THE PLAN SPON SOR 27
725		-	OF THE STATE OR RESPECTIVE C OUNTY. 28
726		-
727		-	(6) (I) BEFORE ISSUING A FINA L DECISION, THE MEDIATOR SHALL 29
728		-	TAKE INTO CONSIDERAT ION, AMONG ANY OTHER RELE VANT FACTORS : 30
	732	+	3. WAGES AND PENSION BEN EFITS OF SIMILARLY 30
	733	+	SITUATED COUNTY EMPL OYEES; 31
729	734		SENATE BILL 591 17
730	735
731	736
732		-	1. THE WAGES AND PENSION BENEFITS, NOT INCLUDING 1
733		-	HEALTH CARE BENEFITS , OF THE EMPLOYEES OF THE BARGAINING UNIT ; 2
	737	+	4. THE LAST PUBLISHED AN NUAL U.S. DEPARTMENT OF 1
	738	+	LABOR CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR ALL ITEMS IN 2
	739	+	THE WASHINGTON–BALTIMORE AREA ; 3
734	740
735		-	2. THE WAGES AND PENSION BENEFITS OF OTHER 3
736		-	SIMILARLY SITUATED E MPLOYEES PERFORMING SIMILAR SERVICES IN LIBRARIES 4
737		-	OF COMPARABLE COUNTI ES IN THE STATE, TAKING INTO CONSIDER ATION THE 5
738		-	COST–OF–LIVING INDEX FOR THE AREA IN WHICH THE CO MPARABLE COUNTY IS 6
739		-	LOCATED; 7
	741	+	5. THE SPECIAL NATURE OF THE WORK PERFORMED BY 4
	742	+	THE EMPLOYEES OF THE BARGAINING UNIT , INCLUDING: 5
740	743
741		-	3. WAGES AND PENSION BEN EFITS OF SIMILARLY 8
742		-	SITUATED COUNTY EMPL OYEES; 9
	744	+	A. PHYSICAL REQUIREMENTS OF EMPLOYMENT ; 6
743	745
744		-	4. THE LAST PUBLISHED AN NUAL U.S. DEPARTMENT OF 10
745		-	LABOR CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR ALL ITEMS IN 11
746		-	THE WASHINGTON–BALTIMORE AREA ; 12
	746	+	B. EDUCATIONAL REQUIREME NTS; 7
747	747
748		-	5. THE SPECIAL NATURE OF THE WORK PERFORMED B Y 13
749		-	THE EMPLOYEES OF THE BARGAINING UNIT , INCLUDING: 14
	748	+	C. JOB TRAINING AND JOB SKILLS; AND 8
750	749
751		-	A. PHYSICAL REQUIREMENTS OF EMPLOYMENT ; 15
	750	+	D. SHIFT ASSIGNMENTS AND THE DEMANDS PLACED O N 9
	751	+	THE EMPLOYEES COMPARED TO THE DEMA NDS PLACED ON OTHER SIMILARLY 10
	752	+	SITUATED LIBRARY EMP LOYEES IN COMPARABLE COUNTY JURISDICTIONS ; 11
752	753
753		-	B. ~~EDUCATIONAL REQUIREME NTS~~; 16
	754	+	6. STATE AND COUNTY MAND ATED EXPENDITURES ; 12
754	755
755		-	C. JOB TRAINING AND JOB SKILLS; AND 17
	756	+	7. SUBJECT TO SUBPARAGRA PH (II) OF THIS 13
	757	+	PARAGRAPH , AVAILABILITY OF FUND S, INCLUDING FINANC IAL SOURCES OF 14
	758	+	REVENUE; AND 15
756	759
757		-	D. SHIFT ASSIGNMENTS AND THE DEMANDS PLACED O N 18
758		-	THE EMPLOYEES COMPAR ED TO THE DEMANDS PL ACED ON OTHER SIMILA RLY 19
759		-	SITUATED LIBRARY EMP LOYEES IN COMPARABLE COUNTY JURISDICTIONS ; 20
	760	+	8. THE INTEREST AND WELF ARE OF THE PUBLIC . 16
760	761
761		-	6. STATE AND COUNTY MAND ATED EXPENDITURES ; 21
	762	+	(II) IN CONSIDERING THE AV AILABILITY OF FUNDS FOR WAGE 17
	763	+	INCREASES, THE MEDIATOR SHALL C ONSIDER THE GENERAL FUND REVENUES OF 18
	764	+	THE RESPECTIVE COUNT Y AND ANY RELATED CO UNTY REPORTS ON REVENUES . 19
762	765
763		-	7. SUBJECT TO SUBPARAGRAPH (II) OF THIS 22
764		-	PARAGRAPH , AVAILABILITY OF FUND S, INCLUDING FINANCIAL SOURCES OF 23
765		-	REVENUE; AND 24
	766	+	(7) A MEDIATOR MAY NOT CONSIDER TESTIMONY R EGARDING FUNDS 20
	767	+	FOR CAPITAL IMPROVEM ENTS, SURPLUS CONTINGENCY , OR RESERVE FUNDS . 21
766	768
767		-	8. THE INTEREST AND WELF ARE OF THE PUBLIC . 25
	769	+	(8) (I) THE PARTIES ARE STRON GLY ENCOURAGED TO RE ACH AN 22
	770	+	AGREEMENT ON ALL ISS UES WHENEVER POSSIBL E. 23
768	771
769		-	(II) ~~IN CONSIDERING~~ THE ~~AV AILABILITY OF FUNDS FOR WAGE 26~~
770		-	~~INCREASES, THE~~ MEDIATOR SHALL ~~C ONSIDER~~ THE ~~GE NERAL FUND REVENUES OF 27~~
771		-	~~THE RESPECTIVE COUNT Y AND ANY RELATED CO UNTY REPORTS ON REVE NUES~~. 28
	772	+	(II) IF NO AGREEMENT CAN BE REA CHED BY THE PARTIES , THE 24
	773	+	MEDIATOR SHALL ISSUE A REPORT WITH THE ME DIATOR’S DECISION, INCLUDING 25
	774	+	WRITTEN FINDINGS OF FACT. 26
772	775
773		-	(7) A MEDIATOR MAY NOT CONSIDER TESTIMONY R EGARDING FUNDS 29
774		-	FOR CAPITAL IMPROVEM ENTS, SURPLUS CONTINGENCY , OR RESERVE FUNDS . 30
775		-	18 SENATE BILL 591
	776	+	(9) THE MEDIATOR MAY ADOP T A PACKAGE OF FINAL POSITIONS OR 27
	777	+	RULE ON EACH MATTER SEPARATELY. 28
	778	+
	779	+	(10) THE MEDIATOR SHALL SUBMIT COPIES OF THE MEDIATOR ’S 29
	780	+	WRITTEN FINDINGS AND RECOMMENDATIONS TO T HE EMPLOYER AND THE 30 18 SENATE BILL 591
776	781
777	782
778		-	~~(8) (I)~~ THE ~~PARTIES ARE STRON GLY ENCOURAGED TO REACH AN~~ 1
779		-	~~AGREEMENT ON ALL ISS UES WHENEVER POSSIBL E~~. 2
	783	+	CERTIFIED EXCLUSIVE REPRESENTATIVE ON OR BEFORE THE IMMEDIATE LY 1
	784	+	FOLLOWING APRIL 2. 2
780	785
781		-	(II) ~~IF NO AGREEMENT CAN B E REACHED BY THE PAR TIES, THE~~ 3
782		-	~~MEDIATOR SHALL ISSUE A REPORT WITH~~ THE ~~ME DIATOR’S DECISION,~~ ~~INCLUDING~~ 4
783		-	~~WRITTEN FINDINGS OF FACT~~. 5
	786	+	(11) ANY COSTS ASSOCIATED WITH THIS SUBSECTION SHALL BE 3
	787	+	SHARED EQUALLY BY THE EMPLOYER AND THE CERTIFIED EXCLUS IVE 4
	788	+	REPRESENTATIVE . 5
784	789
785		-	(9) THE MEDIATOR MAY ADOP T A PACKAGE OF FINAL POSIT IONS OR 6
786		-	RULE ON EACH MATTER SEPARATELY. 7
	790	+	(12) THIS SUBSECTION MAY N OT BE CONSTRUED TO I NTERFERE WITH 6
	791	+	ANY EFFORTS THE PART IES MAY UNDERTAKE TO REACH AN AGREEMENT A T ANY 7
	792	+	TIME. 8
787	793
788		-	(10) THE MEDIATOR SHALL SU BMIT COPIES OF THE M EDIATOR’S 8
789		-	WRITTEN FINDINGS AND RECOMMENDATIONS TO T HE EMPLOYER AND THE 9
790		-	CERTIFIED EXCLUSIVE REPRESENTATIVE ON OR BEFORE THE IMMEDIATE LY 10
791		-	FOLLOWING APRIL 2. 11
	794	+	(13) THE GOVERNING BODY IS NOT BOUND BY ANY DEC ISION MADE 9
	795	+	UNDER THIS SUBSECTIO N. 10
792	796
793		-	(11) ANY COSTS ASSOCIATED WITH THIS SUBSECTION SHALL BE 12
794		-	SHARED EQUALLY BY TH E EMPLOYER AND THE C ERTIFIED EXCLUSIVE 13
795		-	REPRESENTATIVE . 14
	797	+	(14) THE PROCEDURE IN THIS SUBSECTION SHALL BE THE EXCLUSIVE 11
	798	+	PROCEDURE FOR RESOLV ING DISPUTES BETWEEN THE PARTIES , UNLESS THE 12
	799	+	PARTIES, BY MUTUAL AGREEMENT , DETERMINE TO USE ANO THER METHOD OF 13
	800	+	DISPUTE RESOLUTION . 14
796	801
797		-	(12) ~~THIS SUBSECTION MAY N OT BE CONSTRUED TO I NTERFERE WITH~~ 15
798		-	~~ANY EFFORTS~~ THE ~~PART IES MAY UNDERTAKE TO REACH AN AG REEMENT AT ANY~~ 16
799		-	~~TIME~~. 17
	802	+	(E) (1) THE MEDI ATOR SHALL SUBMIT THE FIN DINGS AND 15
	803	+	RECOMMENDATIONS OF T HE MEDIATOR TO THE E MPLOYER IN A TIMELY MANNER 16
	804	+	CONSISTENT WITH THE TIMING OF PARAGRAPH (2) OF THIS SUBSECTION . 17
800	805
801		-	(13) THE GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY IS 18
802		-	NOT BOUND BY ANY DEC ISION MADE UNDER THI S SUBSECTION. 19
	806	+	(2) THE EMPLOYER SHALL AP PROVE ALL RECOMMENDA TIONS AND 18
	807	+	FINDINGS OF THE MEDI ATOR THAT DO NOT REQUIRE AN APPRO PRIATION OF 19
	808	+	ADDITIONAL FUNDS WIT HIN 5 DAYS AFTER THE MEDIA TOR’S DECISION. 20
803	809
804		-	(14) THE PROCEDURE IN THIS SUBSECTION SHALL BE THE EXCLUSIVE 20
805		-	PROCEDURE FOR RESOLV ING DISPUTES BETWEEN THE PARTIES , UNLESS THE 21
806		-	PARTIES, BY MUTUAL AGREEMENT , DETERMINE TO USE ANO THER METHOD OF 22
807		-	DISPUTE RESOLUTION . 23
	810	+	23–910. 21
808	811
809		-	(E) (1) THE MEDIATOR SHALL SUBMIT THE FIN DINGS AND 24
810		-	RECOMMENDATIONS OF T HE MEDIATOR TO THE E MPLOYER IN A TIMELY MANNER 25
811		-	CONSISTENT WITH THE TIMING OF PARAGRAPH (2) OF THIS SUBSECTION . 26
	812	+	(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 22
	813	+	EMPLOYER SHALL SUBMI T A TERM OF A COLLEC TIVE BARGAINING AGRE EMENT OR 23
	814	+	MEMORANDUM OF UNDERSTANDING ENTERE D INTO UNDER THIS SU BTITLE TO THE 24
	815	+	GOVERNING BODY WITH THE EMPLOYER ’S RECOMMENDATION REG ARDING 25
	816	+	WHETHER THE AGREEMEN T OR THE MEDIATOR ’S DECISION REQUIRES AN 26
	817	+	APPROPRIATION OF ADD ITIONAL FUNDS. 27
812	818
813		-	(2) THE EMPLOYER SHALL AP PROVE ALL RECOMMENDA TIONS AND 27
814		-	FINDINGS OF THE MEDI ATOR THAT DO NOT REQ UIRE AN APPROPRIATIO N OF 28
815		-	ADDITIONAL FUNDS WIT HIN 5 14 DAYS AFTER THE MEDIA TOR’S DECISION. 29
	819	+	(2) THE SUBMISSION REQUIR ED UNDER THIS SUBS ECTION SHALL BE 28
	820	+	MADE BEFORE THE FIRS T MEETING OF THE GOV ERNING BODY THAT IMM EDIATELY 29
	821	+	FOLLOWS AN AGREEMENT BEING REACHED , TO ENSURE ANY RELEVA NT COUNTY 30
	822	+	BUDGETARY DEADLINES ARE NOT MISSED . 31
816	823
817		-	23–910. 30
818		-
819		-	(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 31
820		-	EMPLOYER SHALL SUBMI T A TERM OF A COLLEC TIVE BARGAINING AGRE EMENT OR 32
821		-	MEMORANDUM OF UNDERS TANDING ENTERED INTO UNDER THIS SUBTITLE TO THE 33 SENATE BILL 591 19
	824	+	(B) (1) THE GOVERNING BODY MA Y APPROVE OR REJECT A REQUEST FOR 32
	825	+	ADDITIONAL FUNDING UNDER SUBSECTION (A) OF THIS SECTION , IN WHOLE OR IN 33
	826	+	PART. 34 SENATE BILL 591 19
822	827
823	828
824		-	GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY WITH THE EMPLOYER ’S 1
825		-	RECOMMENDATION REGAR DING WHETHER THE AGREEMENT OR THE MEDIATOR ’S 2
826		-	DECISION REQUIRES AN APPROPRIATION OF ADD ITIONAL FUNDS. 3
827	829
828		-	(2) THE SUBMISSION REQUIR ED UNDER THIS SUBSEC TION SHALL BE 4
829		-	MADE BEFORE THE FIRS T MEETING OF THE GOVERNING FUNDING BODY OF THE 5
830		-	APPLICABLE COUNTY THAT IMMEDIATELY FOLLOWS AN AGREEMENT BEING 6
831		-	REACHED, TO ENSURE ANY RELEVA NT COUNTY BUDGETARY DEADLINES ARE NOT 7
832		-	MISSED. 8
	830	+	(2) IF THE GOVERNING BODY APPROVES A REQUEST U NDER 1
	831	+	PARAGRAPH (1) OF THIS SUBSECTION , THE GOVERNING BODY S HALL TAKE ALL 2
	832	+	ACTIONS NECESSARY TO PROCESS THE REQUEST FOR ADDITIONAL FUND ING. 3
833	833
834		-	(B) (1) THE GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY 9
835		-	MAY APPROVE OR REJEC T A REQUEST FOR ADDI TIONAL FUNDING UNDER 10
836		-	SUBSECTION (A) OF THIS SECTION, IN WHOLE OR IN PART . 11
	834	+	(C) (1) IF ANY PART OF A REQU EST FOR ADDITIONAL F UNDING 4
	835	+	SUBMITTED TO THE GOV ERNING BODY UNDER TH IS SUBSECTION IS REJ ECTED, THE 5
	836	+	REQUEST FOR ADDITION AL FUNDS SHALL BE RE TURNED TO THE EMPLOY ER AND 6
	837	+	THE CERTIFIED EXCLUS IVE REPRESENTATIVE F OR RENEGOTIATIO N WITHIN THE 7
	838	+	LIMITS OF THE FUNDIN G ALLOCATED BY THE G OVERNING BODY . 8
837	839
838		-	(2) IF THE GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY 12
839		-	APPROVES A REQUEST U NDER PARAGRAPH (1) OF THIS SUBSECTION , THE 13
840		-	GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY SHALL TAKE ALL ACTIO NS 14
841		-	NECESSARY TO PROCESS THE REQUEST FOR ADDITION AL FUNDING. 15
	840	+	(2) THE RENEGOTIATION SHA LL BE COMPLETED WITH IN A 9
	841	+	TIMETABLE ESTABLISHE D BY THE GOVERNING B ODY. 10
842	842
843		-	(C) (1) IF ANY PART OF A REQU EST FOR ADDITIONAL F UNDING 16
844		-	SUBMITTED TO THE GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY 17
845		-	UNDER THIS SUBSECTIO N IS REJECTED , THE REQUEST FOR ADDI TIONAL FUNDS 18
846		-	SHALL BE RETURNED TO THE EMPLOYER AND THE CERTIFIED EX CLUSIVE 19
847		-	REPRESENTATIVE FOR R ENEGOTIATION WITHIN THE LIMITS OF THE FU NDING 20
848		-	ALLOCATED BY THE GOVERNING FUNDING BODY OF THE APPLICABLE CO UNTY. 21
	843	+	(3) (I) IF AN IMPASSE IS REAC HED, THE EMPLOYER AND THE 11
	844	+	CERTIFIED EXCLUSIVE REPRESENTATI VE SHALL EACH SUBMIT A FINAL OFFER , 12
	845	+	WITHIN THE LIMITS OF THE FUNDING ALLOCATE D BY THE GOVERNING B ODY, FOR 13
	846	+	THE REVIEW OF THE GO VERNING BODY . 14
849	847
850		-	(2) THE RENEGOTIATION SHA LL BE COMPLETED WITH IN A 22
851		-	TIMETABLE ESTABLISHE D BY THE GOVERNING FUNDING BODY OF THE APPLICABLE 23
852		-	COUNTY. 24
	848	+	(II) THE GOVERNING BODY SH ALL SELECT ONE OF TH E OFFERS 15
	849	+	SUBMITTED UNDER SUBP ARAGRAPH (I) OF THIS PARAGRAPH . 16
853	850
854		-	(3) (I) IF AN IMPASSE IS REAC HED, THE EMPLOYER AND THE 25
855		-	CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL EACH SUBMIT A FINAL OFFER, 26
856		-	WITHIN THE LIMITS OF THE FUNDING ALLOCATE D BY THE GOVERNING FUNDING 27
857		-	BODY OF THE APPLICABLE COUNTY, FOR THE REVIEW OF TH E GOVERNING FUNDING 28
858		-	BODY OF THE APPLICABLE CO UNTY. 29
	851	+	(III) THE SELECTION OF THE GOVERNING BODY IS BI NDING ON 17
	852	+	ALL PARTIES. 18
859	853
860		-	(II) THE GOVERNING FUNDING BODY OF THE APPLICABLE 30
861		-	COUNTY SHALL SELECT ONE OF THE OFFERS SUBMITTED UNDER SUBPARAGRAPH (I) 31
862		-	OF THIS PARAGRAPH . 32
	854	+	(D) (1) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE 19
	855	+	REPRESENTATIVE ARE M UTUALLY OBLIGATED TO : 20
863	856
864		-	(III) THE SELECTION OF THE GOVERNING FUNDING BODY OF 33
865		-	THE APPLICABLE COUNT Y IS BINDING ON ALL PA RTIES. 34
	857	+	(I) MEET AT REASONABLE TI MES IN CONSIDERATION OF THE 21
	858	+	COUNTY’S BUDGET SUBMISSION DATE; AND 22
	859	+
	860	+	(II) NEGOTIATE IN GOOD FAI TH ON: 23
	861	+
	862	+	1. WAGES, HOURS, AND TERMS AND CONDIT IONS OF 24
	863	+	EMPLOYMENT ; AND 25
	864	+
	865	+	2. DRAFTING A WRITTEN CO LLECTIVE BARGAINING 26
	866	+	AGREEMENT THAT CONTA INS ALL MATTERS AGRE ED ON AND IS SIGNED BY 27
	867	+	AUTHORIZED REPRESENT ATIVES OF BOTH PARTI ES. 28
	868	+
	869	+	(2) THE OBLIGATION TO NEG OTIATE IN GOOD FAITH UNDER 29
	870	+	PARAGRAPH (1)(II) OF THIS SUBSECTION : 30
866	871		20 SENATE BILL 591
867	872
868	873
869		-	(D) (1) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE 1
870		-	REPRESENTATIVE ARE M UTUALLY OBLIGATED TO : 2
	874	+	(I) REQUIRES THAT AN EFFO RT BE MADE BY BOTH P ARTIES TO 1
	875	+	ARRIVE AT AN AGREEME NT AND REDUCE THE AG REEMENT T O WRITING WITHIN A 2
	876	+	REASONABLE PERIOD OF TIME; AND 3
871	877
872		-	(I) ~~MEET AT REASONABLE TI MES IN CONSIDERATION OF THE 3~~
873		-	~~COUNTY’S BUDGET SUBMISSION DATE; AND 4~~
	878	+	(II) DOES NOT REQUIRE THAT ANY CONCESSION BE MA DE BY 4
	879	+	EITHER PARTY. 5
874	880
875		-	~~(II) NEGOTIATE IN GOOD FAI TH ON: 5~~
	881	+	23–911. 6
876	882
877		-	~~1. WAGES,~~ ~~HOURS, AND TERMS AND CONDIT IONS~~ OF 6
878		-	~~EMPLOYMENT ; AND 7~~
	883	+	(A) AN EMPLOYER MAY PROVI DE TO A REPRESENTATI VE OF THE EXCLUSIVE 7
	884	+	REPRESENTATIVE : 8
879	885
880		-	2. DRAFTING A WRITTEN CO LLECTIVE BARGAINING 8
881		-	AGREEMENT THAT CONTA INS ALL MATTERS AGRE ED ON AND IS SIGNED BY 9
882		-	AUTHORIZED REPRESENT ATIVES OF BOTH PA RTIES. 10
	886	+	(1) RELEASE TIME; AND 9
883	887
884		-	(2) ~~THE OBLIGATION~~ TO ~~NEG OTIATE IN GOOD FAITH UNDER 11~~
885		-	~~PARAGRAPH (1)(II) OF THIS SUBSECTION : 12~~
	888	+	(2) ACCESS TO R OUTINE SERVICES AND FACILITIES OF THE 10
	889	+	EMPLOYER. 11
886	890
887		-	(I) REQUIRES THAT AN EFFO RT BE MADE BY BOTH P ARTIES TO 13
888		-	ARRIVE AT AN AGREEME NT AND REDUCE THE AG REEMENT TO WRITING W ITHIN A 14
889		-	REASONABLE PERIOD OF TIME; AND 15
	891	+	(B) THE EMPLOYER OR ITS O FFICERS OR AGENTS MA Y NOT: 12
890	892
891		-	(II) ~~DOES NOT REQUIRE THAT ANY CONCESSION BE MA DE BY 16~~
892		-	~~EITHER PARTY.~~ 17
	893	+	(1) INTERFERE WITH , COERCE, UNDULY INFLUENCE , OR RESTRAIN 13
	894	+	AN EMPLOYEE ’S EXERCISE OF RIGHTS UNDER THIS SUBTITLE ; 14
893	895
894		-	23–911. 18
	896	+	(2) EXCEPT AS PROVIDED IN SUBSECTION (A) OF THIS SECTION , 15
	897	+	DOMINATE, SURVEIL, INTERFERE WITH , ASSIST IN THE FORMAT ION, 16
	898	+	ADMINISTRATION , OR EXISTENCE OF , OR CONTRIBUTE FINANC IAL ASSISTANCE OR 17
	899	+	OTHER SUPPORT TO AN EMPLOYEE ORGANIZATIO N; 18
895	900
896		-	(A) AN EMPLOYER MAY PROVI DE TO A REPRESENTATI VE OF THE EXCLUSIVE 19
897		-	REPRESENTATIVE : 20
	901	+	(3) ENCOURAGE OR DISCOURA GE MEMBERSHIP IN AN EMPLOYEE 19
	902	+	ORGANIZATION BY DISCRIM INATING AGAINST AN E MPLOYEE THROUGH HIRI NG, 20
	903	+	TENURE, PROMOTION , OR OTHER CONDITIONS OF EMPLOYMENT ; 21
898	904
899		-	(1) RELEASE TIME; AND 21
	905	+	(4) REFUSE TO BARGAIN IN GOOD FAITH WITH AN E MPLOYEE 22
	906	+	ORGANIZATION THAT IS THE EXCLUSIVE REPRES ENTATIVE OF THE EMPL OYEES; OR 23
900	907
901		-	(2) ACCESS TO ROUTINE SER VICES AND FACILITIES OF THE 22
902		-	EMPLOYER. 23
	908	+	(5) SPEND PUBLIC MONEY , USE PUBLIC RESOURCES , OR PROVIDE 24
	909	+	ASSISTANCE TO AN IND IVIDUAL OR GROUP FOR A NEGATIVE CAMPAIGN AGAINST 25
	910	+	EFFORTS BY EMPLOYEES OR AN EMPLOYEE ORGAN IZATION TO: 26
903	911
904		-	(B) THE EMPLOYER OR ITS O FFICERS OR AGENTS MA Y NOT: 24
	912	+	(I) GAIN OR RETAIN COLLEC TIVE BARGAINING RIGH TS OR TO 27
	913	+	CERTIFY AN EMPLOYEE ORGANIZATION AS AN EXCLUSIV E REPRESENTATIVE ; OR 28
905	914
906		-	(1) INTERFERE WITH , COERCE, UNDULY INFLUENCE , OR RESTRAIN 25
907		-	AN EMPLOYEE ’S EXERCISE OF RIGHTS UNDER THIS SUBTITLE ; 26
908		-
909		-	(2) EXCEPT AS PROVIDED IN SUBSECTION (A) OF THIS SECTION , 27
910		-	DOMINATE, SURVEIL, INTERFERE WITH , ASSIST IN THE FORMAT ION, 28
911		-	ADMINISTRATION , OR EXISTENCE OF , OR CONTRIBUTE FINANC IAL ASSISTANCE OR 29
912		-	OTHER SUPPORT TO AN EMPLOYEE ORGANIZATIO N; 30 SENATE BILL 591 21
	915	+	(II) CERTIFY AN EMPLOYEE O RGANIZATION AS AN EX CLUSIVE 29
	916	+	REPRESENTATIVE . 30
	917	+	SENATE BILL 591 21
913	918
914	919
	920	+	(C) AN EMPLOYEE ORGANIZAT ION MAY NOT: 1
915	921
916		-	(3) ENCOURAGE OR DISCOURA GE MEMBERSHIP IN AN EMPLOYEE 1
917		-	ORGANIZATION BY DISC RIMINATING AGAINST A N EMPLOYE E THROUGH HIRING , 2
918		-	TENURE, PROMOTION , OR OTHER CONDITIONS OF EMPLOYMENT ; 3
	922	+	(1) INTERFERE WITH , COERCE, UNDULY INFLUENCE , OR RESTRAIN 2
	923	+	AN EMPLOYEE ’S EXERCISE OF RIGHTS UNDER THIS SUBTITLE; 3
919	924
920		-	(4) REFUSE TO BARGAIN IN GOOD FAITH WITH AN E MPLOYEE 4
921		-	ORGANIZATION THAT IS THE EXCLUSIVE REPRES ENTATIVE OF THE EMPL OYEES; OR 5
	925	+	(2) CAUSE OR ATTEMPT TO C AUSE THE EMPLOYER TO DISCRIMINATE 4
	926	+	AGAINST AN EMPLOYEE BECAUSE THE EMPLOYEE EXERCISES A RIGHT UN DER THIS 5
	927	+	SUBTITLE; 6
922	928
923		-	(5) SPEND PUBLIC MONEY , USE PUBLIC RESOURCES , OR PROVIDE 6
924		-	ASSISTANCE TO AN IND IVIDUAL OR GROUP FOR A NEGATIVE CAMPAIGN AGAINST 7
925		-	EFFORTS BY EMPLOYEES OR AN EMPLOYEE ORGAN IZATION TO: 8
	929	+	(3) DISCIPLINE OR FINE A MEMBER OF THE EMPLOY EE 7
	930	+	ORGANIZATION AS PUNI SHMENT OR REPRISAL ; 8
926	931
927		-	(I) GAIN OR RETAIN COLLEC TIVE BARGAINING RIGH TS OR TO 9
928		-	CERTIFY AN EMPLOYEE ORGANIZATION AS AN E XCLUSIVE REPRESENTAT IVE; OR 10
	932	+	(4) DISCIPLINE OR FINE A MEMBER OF THE EMPLOY EE 9
	933	+	ORGANIZATION FOR THE PURPOSE OF IMPEDING THE MEMBER ’S WORK 10
	934	+	PERFORMANCE ; 11
929	935
930		-	(II) ~~CERTIFY AN EMPLOYEE O RGANIZATION AS AN EX CLUSIVE 11~~
931		-	~~REPRESENTATIVE . 12~~
	936	+	(5) REFUSE TO BARGAIN IN GOOD FAITH WITH THE EMPLOYER OR TO 12
	937	+	PARTICIPATE IN GOOD FAITH IN A PROCEDURE UNDER THIS SUBTITLE ; OR 13
932	938
933		-	(C) AN EMPLOYEE ORGANIZAT ION MAY NOT: 13
	939	+	(6) UNFAIRLY REPRESENT EMPLOYE ES IN COLLECTIVE BAR GAINING 14
	940	+	OR IN ANY OTHER MATT ER IN WHICH THE EMPL OYEE ORGANIZATION HA S THE DUTY 15
	941	+	OF FAIR REPRESENTATI ON. 16
934	942
935		-	(1) INTERFERE WITH , COERCE, UNDULY INFLUENCE , OR RESTRAIN 14
936		-	AN EMPLOYEE ’S EXERCISE OF RIGHTS UNDER THIS SUBTITLE ; 15
	943	+	(D) (1) AN EMPLOYEE WHO IS A MEMBER OF A BARGAINI NG UNIT WITH A 17
	944	+	CERTIFIED EXCLUSIVE REPRESENTATIVE MAY , WITHOUT THE INTERVENTION OF AN 18
	945	+	EMPLOYEE ORGANIZATIO N, DISCUSS ANY MATTER W ITH THE EMPLOYER . 19
937	946
938		-	(2) CAUSE OR ATTEMPT TO CAUSE THE EMPLOYER T O DISCRIMINATE 16
939		-	AGAINST AN EMPLOYEE BECAUSE THE EMPLOYEE EXERCISES A RIGHT UN DER THIS 17
940		-	SUBTITLE; 18
	947	+	(2) THIS SUBSECTION DOES NOT WAIVE THE RIGHT OF THE 20
	948	+	EMPLOYEE ORGANIZATIO N TO BE THE EXCLUSIV E BARGAINING REPRESE NTATIVE 21
	949	+	FOR ISSUES RELATED T O WAGES, HOURS, AND WORKING CONDITIONS AND IS NO T 22
	950	+	INTENDED TO CREATE A N ALTERNATE PATH TO ALTER TERMS AND COND ITIONS OF 23
	951	+	THE COLLECTIVE BARGA INING AGREEMENT BETW EEN THE PARTIES . 24
941	952
942		-	(3) DISCIPLINE OR FINE A MEMBER OF THE EMPLOY EE 19
943		-	ORGANIZATION AS PUNI SHMENT OR REPRISAL ; 20
	953	+	23–912. 25
944	954
945		-	(4) DISCIPLINE OR FINE A MEMBER OF THE EMPLOY EE 21
946		-	ORGANIZATION FOR THE PURPOSE OF IMPEDING THE MEMBER ’S WORK 22
947		-	PERFORMANCE ; 23
	955	+	(A) NOTWITHSTANDING ANY O THER PROVISIONS OF L AW, IT IS THE 26
	956	+	EXCLUSIVE RIGHT OF T HE EMPLOYER TO : 27
948	957
949		-	(5) ~~REFUSE TO BARGAIN IN GOOD FAITH WITH~~ THE ~~EMPLOYER OR TO 24~~
950		-	~~PARTICIPATE IN GOOD FAITH IN A PROCEDURE UNDER THIS SUBTITLE~~ ; ~~OR 25~~
	958	+	(1) DETERMINE THE PURPOSE S AND OBJECTIVES OF EACH OF ITS 28
	959	+	CONSTITUENT OFFICES AND DEPARTMENTS ; 29
951	960
952		-	(6) UNFAIRLY REPRESENT EM PLOYEES IN COLLECTIV E BARGAINING 26
953		-	OR IN ANY OTHER MATT ER IN WHICH THE EMPL OYEE ORGANIZATION HA S THE DUTY 27
954		-	OF FAIR REPRESENTATI ON. 28
955		-
956		-	(D) (1) AN EMPLOYEE WHO IS A MEMBER OF A BARGAINI NG UNIT WITH A 29
957		-	CERTIFIED EXCLUSIVE REPRESENTATIVE MAY , WITHOUT THE INTERVEN TION OF AN 30
958		-	EMPLOYEE ORGANIZAT ION, DISCUSS ANY MATTER W ITH THE EMPLOYER . 31 22 SENATE BILL 591
	961	+	(2) SET STANDARDS OF SERV ICES TO BE OFFERED T O THE PUBLIC; 30
	962	+	22 SENATE BILL 591
959	963
960	964
	965	+	(3) EXERCISE CONTROL AND DISCRETION OVER ITS ORGANIZATION 1
	966	+	AND OPERATIONS ; AND 2
961	967
962		-	(2) THIS SUBSECTION DOES NOT WAIVE THE RIGHT OF THE 1
963		-	EMPLOYEE ORGANIZATIO N TO BE THE EXCLUSIV E BARGAINING REPRESE NTATIVE 2
964		-	FOR ISSUES RELATED T O WAGES, HOURS, AND WORKING CONDITIO NS AND IS NOT 3
965		-	INTENDED TO CREATE A N ALTERNATE PATH TO ALTER TERMS AND COND ITIONS OF 4
966		-	THE COLLECTIVE BARGA INING AGREEMENT BETW EEN THE PARTIES . 5
	968	+	(4) DETERMINE THE METHODS , MEANS, PERSONNEL , AND OTHER 3
	969	+	RESOURCES BY WHICH T HE EMPLOYER ’S OPERATIONS ARE TO BE CONDUCTED , 4
	970	+	INCLUDING: 5
967	971
968		-	~~23–912.~~ 6
	972	+	(I) THE USE OF VOLUNTEERS ; AND 6
969	973
970		-	(A) ~~NOTWITHSTANDING ANY~~ O ~~THER PROVISIONS OF L AW, IT IS THE~~ 7
971		-	~~EXCLUSIVE RIGHT OF T HE EMPLOYER TO :~~ 8
	974	+	(II) THE CONTRACTING OUT O F WORK IF CONSIDERED 7
	975	+	NECESSARY. 8
972	976
973		-	(1) DETERMINE THE PURPOSE S AND OBJECTIVE S OF EACH OF ITS 9
974		-	CONSTITUENT OFFICES AND DEPARTMENTS ; 10
	977	+	(B) SUBJECT TO APPLICABLE PROVISIONS OF A COLLECTIVE BARGAIN ING 9
	978	+	AGREEMENT AND IN ACC ORDANCE WITH THE RES PECTIVE COUNTY CHART ER AND 10
	979	+	OTHER APPLICABLE LAW S, THE EMPLOYER MAY : 11
975	980
976		-	(2) ~~SET STANDARDS OF SERV ICES TO BE OFFERED T O THE PUBLIC~~; 11
	981	+	(1) DIRECT ITS EMPLOYEES ; 12
977	982
978		-	(3) EXERCISE CONTROL AND DISCRETION OVER ITS ORGANIZATION 12
979		-	AND OPERATIONS ; AND 13
	983	+	(2) HIRE, PROMOTE, TRANSFER, ASSIGN, OR RETAIN EMPLOYEES ; 13
980	984
981		-	(4) DETERMINE THE METHODS , MEANS, PERSONNEL , AND OTHER 14
982		-	RESOURCES BY WHICH T HE EMPLOYER ’S OPERATIONS ARE TO BE CONDUCTED , 15
983		-	INCLUDING: 16
	985	+	(3) ESTABLISH REASONABLE WORK RULES; AND 14
984	986
985		-	(I) THE USE OF VOLUNTEERS ; AND 17
	987	+	(4) DEMOTE, SUSPEND, DISCHARGE, OR TAKE ANY OTHER 15
	988	+	DISCIPLINARY ACTION AGAINST ITS EMPLOYEE S FOR JUST CAUSE . 16
986	989
987		-	(II) THE CONTRACTING OUT O F WORK IF CONSIDERED 18
988		-	NECESSARY. 19
	990	+	(C) THE PROVISIONS OF THI S SECTION SHALL BE D EEMED TO BE PART OF 17
	991	+	EVERY AGREEMENT EXEC UTED BETWEEN THE EMP LOYER AND A CERTIFIE D 18
	992	+	EXCLUSIVE REPRESENTATIVE . 19
989	993
990		-	(B) ~~SUBJECT~~ TO ~~APPLICABLE PROVISIONS~~ OF ~~A COLL ECTIVE BARGAINING~~ 20
991		-	~~AGREEMENT AND IN ACCORDANCE~~ WITH THE ~~RESPECTIVE COUNTY CH ARTER AND~~ 21
992		-	~~OTHER APPLICABLE LAW S,~~ ~~THE EMPLOYER MAY :~~ 22
	994	+	(D) THIS SECTION MAY NOT BE CONSTRUED TO DENY THE RIGHT OF AN 20
	995	+	EMPLOYEE TO SUBMIT A GRIEVANCE WITH REGAR D TO THE EMPLOYER ’S EXERCISE 21
	996	+	OF ITS RIGHTS UNDER THIS SECTION. 22
993	997
994		-	(1) DIRECT ITS EMPLOYEES ; 23
	998	+	(E) EXCEPT AS OTHERWISE P ROVIDED BY LAW , IF EMPLOYEES HAVE 23
	999	+	ENTERED INTO A COLLECTIVE BARGAINING AGREEMENT WITH THE EMPLOYER 24
	1000	+	UNDER THIS SUBTITLE , THE COLLECTIVE BARGA INING AGREEMENT ENTE RED INTO 25
	1001	+	SUPERSEDES ANY CONFL ICTING REGULATION OR ADMINISTRATIVE POLIC Y OF THE 26
	1002	+	EMPLOYER. 27
995	1003
996		-	~~(2) HIRE, PROMOTE, TRANSFER, ASSIGN, OR RETAIN EMPLOYEES ; 24~~
	1004	+	23–913. 28
997	1005
998		-	(3) ESTABLISH REASONABLE WORK RULES ; AND 25
999		-
1000		-	(4) DEMOTE, SUSPEND, DISCHARGE, OR TAKE ANY OTHER 26
1001		-	DISCIPLINARY ACTION AGAINST ITS EMPLOYEE S FOR JUST CAUSE . 27
	1006	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEA NINGS 29
	1007	+	INDICATED. 30
1002	1008		SENATE BILL 591 23
1003	1009
1004	1010
1005		-	(C) THE PROVISIONS OF THI S SECTION SHALL BE D EEMED TO BE PART OF 1
1006		-	EVERY AGREEMENT EXEC UTED BETWEEN THE EMP LOYER AND A CERTIFIE D 2
1007		-	EXCLUSIVE REPRESENTA TIVE. 3
	1011	+	(2) “LOCKOUT” MEANS THE TEMPORARY WITHHOLDING OF WORK , BY 1
	1012	+	MEANS OF SHUTTING DO WN AN OPERATION OR F UNCTION IN ORDER TO BRING 2
	1013	+	PRESSURE ON EMPLOYEE S OR ON THEIR REPRES ENTATIVES TO ACCEPT A CHANGE 3
	1014	+	IN COMPENSATION OR R IGHTS, PRIVILEGES, OBLIGATIONS, OR OTHER TERMS AND 4
	1015	+	CONDITIONS OF EMPLOY MENT. 5
1008	1016
1009		-	(D) THIS SECTION MAY NOT BE CONS TRUED TO DENY THE RI GHT OF AN 4
1010		-	EMPLOYEE TO SUBMIT A GRIEVANCE WITH REGAR D TO THE EMPLOYER ’S EXERCISE 5
1011		-	OF ITS RIGHTS UNDER THIS SECTION. 6
	1017	+	(3) “SECONDARY BOYCOTT ” MEANS AN ACTIVITY BY AN EMPLOYEE 6
	1018	+	ORGANIZATION OR ITS MEMBERS THAT IS INTE NDED TO INDUCE , ENCOURAGE , OR 7
	1019	+	COERCE PERSONS DOING BUSINESS WITH THE EM PLOYER TO W ITHHOLD, 8
	1020	+	WITHDRAW, OR IN ANY RESPECT CU RTAIL THEIR BUSINESS RELATIONS WITH THE 9
	1021	+	COUNTY. 10
1012	1022
1013		-	(E) EXCEPT AS OTHERWISE P ROVIDED BY LAW , IF EMPLOYEES HAVE 7
1014		-	ENTERED INTO A COLLE CTIVE BARGAINING AGR EEMENT WITH THE EMPLO YER 8
1015		-	UNDER THIS SUBTITLE , THE COLLECTIVE BARGA INING AGREEMENT ENTE RED INTO 9
1016		-	SUPERSEDES ANY CONFL ICTING REGULATION OR ADMINISTRATIVE POLIC Y OF THE 10
1017		-	EMPLOYER. 11
	1023	+	(4) “STRIKE” MEANS THE REFUSAL OR FAILURE BY AN EMPLOY EE OR 11
	1024	+	GROUP OF EMPLOYEES T O PERFORM THEIR DUTI ES OF EMPLOYMENT AS ASSIGNED 12
	1025	+	IF A PURPOSE OF THE REFUSAL OR FAILUR E IS TO INDUCE, FORCE, OR REQUIRE THE 13
	1026	+	EMPLOYER TO ACT OR R EFRAIN FROM ACTING W ITH REGARD TO ANY MA TTER. 14
1018	1027
1019		-	(F) A COLLECTIVE BARGAININ G AGREEMENT MAY INCL UDE A PROVISION 12
1020		-	FOR ARBITRATION OF DISCIPLINARY ACTIONS . 13
	1028	+	(5) “WORK STOPPAGE ” MEANS: 15
1021	1029
1022		-	23–913. 14
	1030	+	(I) THE WILLFUL ABSENCE O F A GROUP OF EMPLOYE ES FROM 16
	1031	+	THEIR POSITIONS ; 17
1023	1032
1024		-	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 15
1025		-	INDICATED. 16
	1033	+	(II) THE ENGAGING IN A SLO WDOWN BY EMPLOYEES ; OR 18
1026	1034
1027		-	(2) “LOCKOUT” MEANS THE TEMPORARY WITHHOLDING OF WORK , BY 17
1028		-	MEANS OF SHUTTING DO WN AN OPERATION OR F UNCTION IN ORDER TO BRING 18
1029		-	PRESSURE ON EMPLOYEE S OR ON THEIR REPRESEN TATIVES TO ACCEPT A CHANGE 19
1030		-	IN COMPENSATION OR R IGHTS, PRIVILEGES, OBLIGATIONS, OR OTHER TERMS AND 20
1031		-	CONDITIONS OF EMPLOY MENT. 21
	1035	+	(III) THE REFUSAL OF EMPLOY EES TO PERFORM JOB D UTIES. 19
1032	1036
1033		-	(3) “SECONDARY BOYCOTT ” MEANS AN ACTIVITY BY AN EMPLOYEE 22
1034		-	ORGANIZATION OR ITS MEMBERS THAT IS INTE NDED TO IND UCE, ENCOURAGE , OR 23
1035		-	COERCE PERSONS DOING BUSINESS WITH THE EM PLOYER TO WITHHOLD , 24
1036		-	WITHDRAW, OR IN ANY RESPECT CU RTAIL THEIR BUSINESS RELATIONS WITH THE 25
1037		-	COUNTY. 26
	1037	+	(B) IN GENERAL, STRIKES, WORK STOPPAGES , LOCKOUTS, AND SECONDARY 20
	1038	+	BOYCOTTS ARE PROHIBI TED. 21
1038	1039
1039		-	(4) “STRIKE” MEANS THE REFUSAL OR FAILURE BY AN EMPLOY EE OR 27
1040		-	GROUP OF EMPLOYEES T O PERFORM THEIR DUTIES OF EMPLOYMENT AS ASSIGNED 28
1041		-	IF A PURPOSE OF THE REFUSAL OR FAILURE I S TO INDUCE, FORCE, OR REQUIRE THE 29
1042		-	EMPLOYER TO ACT OR R EFRAIN FROM ACTING W ITH REGARD TO ANY MA TTER. 30
	1040	+	(C) (1) EMPLOYEES AND EMPLOYE E ORGANIZATIONS MAY NOT ENGAGE 22
	1041	+	IN, SPONSOR, INITIATE, SUPPORT, DIRECT, OR CONDONE A STRIKE , WORK 23
	1042	+	STOPPAGE, OR SECONDARY BOYCOTT . 24
1043	1043
1044		-	(5) “WORK STOPPAGE ” MEANS: 31
	1044	+	(2) EMPLOYEE ORGANIZATION S MAY NOT ENGAGE IN , INITIATE, 25
	1045	+	SPONSOR, OR SUPPORT, DIRECTLY OR INDIRECT LY, PICKETING OF THE EMP LOYER, 26
	1046	+	ITS PROPERTY, OR FIELD OR OFFICE F ACILITIES IN FURTHER ANCE OF A ST RIKE, 27
	1047	+	WORK STOPPAGE , OR SECONDARY BOYCOTT . 28
1045	1048
1046		-	(I) THE WILLFUL ABSENCE O F A GROUP OF EMPLOYE ES FROM 32
1047		-	THEIR POSITIONS ; 33
	1049	+	(D) IF AN EMPLOYEE ORGANI ZATION VIOLATES THIS SECTION, THE 29
	1050	+	EMPLOYER MAY : 30
	1051	+
	1052	+	(1) REVOKE THE EMPLOYEE O RGANIZATION’S DESIGNATION AS 31
	1053	+	CERTIFIED EXCLUSIVE REPRESENTATIVE ; 32
1048	1054		24 SENATE BILL 591
1049	1055
1050	1056
1051		-	(II) THE ENGAGING IN A SLO WDOWN BY EMPLOYEES ; OR 1
	1057	+	(2) DISQUALIFY THE EMPLOY EE ORGANIZATION FROM 1
	1058	+	PARTICIPATING IN REP RESENTATION ELECTION S FOR A PERIOD OF UP TO 2 YEARS; 2
	1059	+	AND 3
1052	1060
1053		-	(III) THE REFUSAL OF EMPLOY EES TO PERFORM JOB D UTIES. 2
	1061	+	(3) TERMINATE IMMEDIATELY THE PAYROLL DEDUCTIO NS FOR THE 4
	1062	+	EMPLOYEE ORGANIZATIO N’S DUES. 5
1054	1063
1055		-	(B) IN GENERAL, STRIKES, WORK STOPPAGES , LOCKOUTS, AND SECONDARY 3
1056		-	BOYCOTTS ARE PROHIBI TED. 4
	1064	+	(E) AN EMPLOYEE WHO VIOLA TES THIS SECTION IS SUBJECT TO IMMEDIATE 6
	1065	+	DISCIPLINARY ACT ION, WHICH MAY INCLUDE PE RMANENT DISMISSAL FR OM THE 7
	1066	+	EMPLOYMENT BY THE EM PLOYER FOR JUST CAUS E. 8
1057	1067
1058		-	(C) (1) EMPLOYEES AND EMPLOYEE ORGANIZATIO NS MAY NOT ENGAGE 5
1059		-	IN, SPONSOR, INITIATE, SUPPORT, DIRECT, OR CONDONE A STRIKE , WORK 6
1060		-	STOPPAGE, OR SECONDARY BOYCOTT . 7
	1068	+	(F) (1) THE EMPLOYER MAY NOT DIRECT A LOCKOUT AGA INST 9
	1069	+	EMPLOYEES. 10
1061	1070
1062		-	(2) EMPLOYEE ORGANIZATION S MAY NOT ENGAGE IN , INITIATE, 8
1063		-	SPONSOR, OR SUPPORT, DIRECTLY OR INDIRECT LY, PICKETING OF THE EMPLOYER, 9
1064		-	ITS PROPERTY, OR FIELD OR OFFICE F ACILITIES IN FURTHER ANCE OF A STRIKE , 10
1065		-	WORK STOPPAGE , OR SECONDARY BOYCOTT . 11
	1071	+	(2) THIS SUBSECTION MAY N OT BE CONSTRUED TO P ROHIBIT THE 11
	1072	+	EMPLOYER FROM EXERCI SING ITS MANAG ERIAL RIGHTS. 12
1066	1073
1067		-	(D) IF AN EMPLOYEE ORGANI ZATION VIOLATES THIS SECTION, THE 12
1068		-	EMPLOYER MAY : 13
	1074	+	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be construed to 13
	1075	+	apply only prospectively and may not be applied or interpreted to have any effect on or 14
	1076	+	application to: 15
1069	1077
1070		-	(1) REVOKE THE EMPLOYEE O RGANIZATION’S DESIGNATION AS 14
1071		-	CERTIFIED EXCLUSIVE REPR ESENTATIVE; 15
	1078	+	(1) the composition of a collective bargaining unit that is in existence on 16
	1079	+	the effective date of this Act unless the collective bargaining unit dissolves after the 17
	1080	+	effective date of this Act; 18
1072	1081
1073		-	(2) DISQUALIFY THE EMPLOY EE ORGANIZATION FROM 16
1074		-	PARTICIPATING IN REP RESENTATION ELECTION S FOR A PERIOD OF UP TO 2 YEARS; 17
1075		-	AND 18
	1082	+	(2) a collective bargaining agreement entered into before the effective date 19
	1083	+	of this Act; or 20
1076	1084
1077		-	(3) ~~TERMINATE IMMEDIATELY~~ THE ~~PAYROLL DEDUCTIO NS FOR THE 19~~
1078		-	~~EMPLOYEE ORGANIZATIO N’S DUES~~. 20
	1085	+	(3) collective bargaining negotiations that began before the effective date 21
	1086	+	of this Act. 22
1079	1087
1080		-	(E) AN EMPLOYEE WHO VIOLATE S THIS SECTION IS SUBJECT TO IMMEDIATE 21
1081		-	DISCIPLINARY ACTION , WHICH MAY INCLUDE PE RMANENT DISMISSAL FR OM THE 22
1082		-	EMPLOYMENT BY THE EM PLOYER FOR JUST CAUS E. 23
1083		-
1084		-	(F) (1) THE EMPLOYER MAY NOT DIRECT A LOCKOUT AGA INST 24
1085		-	EMPLOYEES. 25
1086		-
1087		-	(2) THIS SUBSECTION MAY NOT BE CONS TRUED TO PROHIBIT TH E 26
1088		-	EMPLOYER FROM EXERCI SING ITS MANAGERIAL RIGHTS. 27
1089		-
1090		-	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be construed to 28
1091		-	apply only prospectively and may not be applied or interpreted to have any effect on or 29
1092		-	application to: 30
1093		-	SENATE BILL 591 25
1094		-
1095		-
1096		-	(1) the composition of a collective bargaining unit that is in existence on 1
1097		-	the effective date of this Act unless the collective bargaining unit dissolves after the 2
1098		-	effective date of this Act; 3
1099		-
1100		-	(2) a collective bargaining agreement entered into before the effective date 4
1101		-	of this Act; or 5
1102		-
1103		-	(3) collective bargaining negotiations that began before the effective date 6
1104		-	of this Act. 7
1105		-
1106		-	SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 8
1107		-	1, 2024. 9
1108		-
1109		-
1110		-
1111		-	Approved:
1112		-	________________________________________________________________________________
1113		-	Governor.
1114		-	________________________________________________________________________________
1115		-	President of the Senate.
1116		-	________________________________________________________________________________
1117		-	Speaker of the House of Delegates.
	1088	+	SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 23
	1089	+	1, 2024. 24