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