Maryland 2025 Regular Session

Maryland House Bill HB1071 Compare Versions

Only one version of the bill is available at this time.

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	5	hb1071
6	6
7	7	HOUSE BILL 1071
8	8	F3 5lr2272
9	9	CF SB 914
10	10	By: Delegate Forbes
11	11	Introduced and read first time: February 5, 2025
12	12	Assigned to: Appropriations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Baltimore County Public Library – Collective Bargaining – Supervisory 2
19	19	Employees 3
20	20
21	21	FOR the purpose of authorizing supervisory employees of the Baltimore County Public 4
22	22	Library to form, join, and participate in an employee organization and engage in 5
23	23	certain other activities related to collective bargaining; authorizing certain 6
24	24	bargaining units for the employees of the Baltimore County Public Library; altering 7
25	25	certain provisions to provide that an employee may be deemed a certain management 8
26	26	employee, rather than a supervisory employee, under certain circumstances; and 9
27	27	generally relating to collective bargaining for supervisory employees of the Baltimore 10
28	28	County Public Library. 11
29	29
30	30	BY renumbering 12
31	31	Article – Education 13
32	32	Section 23–802 through 23–812 14
33	33	to be Section 23–803 through 23–813, respectively 15
34	34	Annotated Code of Maryland 16
35	35	(2022 Replacement Volume and 2024 Supplement) 17
36	36
37	37	BY repealing and reenacting, without amendments, 18
38	38	Article – Education 19
39	39	Section 23–801(a), (k), and (l) 20
40	40	Annotated Code of Maryland 21
41	41	(2022 Replacement Volume and 2024 Supplement) 22
42	42
43	43	BY repealing and reenacting, with amendments, 23
44	44	Article – Education 24
45	45	Section 23–801(h) 25
46	46	Annotated Code of Maryland 26
47	47	(2022 Replacement Volume and 2024 Supplement) 27
48	48	2 HOUSE BILL 1071
49	49
50	50
51	51	BY adding to 1
52	52	Article – Education 2
53	53	Section 23–802 3
54	54	Annotated Code of Maryland 4
55	55	(2022 Replacement Volume and 2024 Supplement) 5
56	56
57	57	BY repealing and reenacting, with amendments, 6
58	58	Article – Education 7
59	59	Section 23–803 and 23–810(a) 8
60	60	Annotated Code of Maryland 9
61	61	(2022 Replacement Volume and 2024 Supplement) 10
62	62	(As enacted by Section 1 of this Act) 11
63	63
64	64	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
65	65	That Section(s) 23–802 through 23–812 of Article – Education of the Annotated Code of 13
66	66	Maryland be renumbered to be Section(s) 23–803 through 23–813, respectively. 14
67	67
68	68	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 15
69	69	as follows: 16
70	70
71	71	Article – Education 17
72	72
73	73	23–801. 18
74	74
75	75	(a) In this subtitle the following words have the meanings indicated. 19
76	76
77	77	(h) (1) “Employee” means a full–time or part–time employee of the library. 20
78	78
79	79	(2) “Employee” does not include a confidential employee [,] OR 21
80	80	management employee[, or supervisory employee]. 22
81	81
82	82	(k) “Management employee” means an employee who generally has authority and 23
83	83	who: 24
84	84
85	85	(1) Formulates policy that is applicable throughout a bargaining unit; 25
86	86
87	87	(2) Has a significant role in personnel administration, employee relations, 26
88	88	or the preparation and administration of budgets for the employer; or 27
89	89
90	90	(3) May reasonably be required to: 28
91	91
92	92	(i) Assist directly in the preparation for and conduct of collective 29
93	93	bargaining negotiations on behalf of the employer; or 30
94	94
95	95	(ii) Have a major role in the administration of resulting collective 31
96	96	bargaining agreements. 32
97	97	HOUSE BILL 1071 3
98	98
99	99
100	100	(l) “Supervisory employee” means an employee who is authorized to: 1
101	101
102	102	(1) Hire, transfer, suspend, lay off, recall, promote, discharge, assign, 2
103	103	reward, or discipline employees; 3
104	104
105	105	(2) Responsibly direct employees for more than 50% of the employee’s 4
106	106	working hours; or 5
107	107
108	108	(3) Address and resolve the grievances of employees. 6
109	109
110	110	23–802. 7
111	111
112	112	(A) THERE MAY NOT BE MORE THAN TWO BAR GAINING UNITS ESTABLISHED 8
113	113	UNDER THIS SUBTITLE, INCLUDING: 9
114	114
115	115	(1) ONE BARGAINING UNIT F OR EMPLOYEES WHO ARE NOT 10
116	116	SUPERVISORY EMPLOYEE S; AND 11
117	117
118	118	(2) ONE BARGAINING UNIT F OR SUPERVISORY EMPLO YEES. 12
119	119
120	120	(B) THIS SUBTITLE MAY NOT BE CONSTRUED TO MODIFY OR TERMINATE : 13
121	121
122	122	(1) A BARGAINING UNIT THAT WAS RECOGNIZED OR IN EXISTENCE ON 14
123	123	OR BEFORE JUNE 30, 2025; OR 15
124	124
125	125	(2) A COLLECTIVE BARGAININ G AGREEMENT ENTERED INTO ON OR 16
126	126	BEFORE JUNE 30, 2025. 17
127	127
128	128	23–803. 18
129	129
130	130	(a) An employee who may effectively recommend an action listed in [§ 23–801(l)] 19
131	131	§ 23–801(K) of this subtitle may be deemed a [supervisory] MANAGEMENT employee if 20
132	132	the employee’s exercise of the authority requires the exercise of independent judgment and 21
133	133	is not merely of a routine or clerical nature. 22
134	134
135	135	(b) The exercise of any single function listed in [§ 23–801(l)] § 23–801(K) of this 23
136	136	subtitle may not necessarily require the conclusion that the individual exercising that 24
137	137	function is in fact a [supervisory] MANAGEMENT employee within the meaning of the 25
138	138	definition. 26
139	139
140	140	(c) In differentiating a [supervisory] MANAGEMENT employee from a 27
141	141	[nonsupervisory] NONMANAGEMENT employee: 28
142	142
143	143	(1) A class title alone may not be the basis for determination; and 29
144	144	4 HOUSE BILL 1071
145	145
146	146
147	147	(2) The nature of the [supervisory] MANAGEMENT employee’s work, 1
148	148	including whether or not a significant portion of the [supervisory] MANAGEMENT 2
149	149	employee’s working time is spent as part of a team that includes [nonsupervisory] 3
150	150	NONMANAGEMENT employees shall be considered. 4
151	151
152	152	23–810. 5
153	153
154	154	(a) The Board shall submit a term of a collective bargaining agreement or 6
155	155	memorandum of understanding entered into under [§§ 23–807 and 23–808] §§ 23–808 7
156	156	AND 23–809 of this subtitle to the County Executive with the Board’s recommendation 8
157	157	regarding whether the agreement or the mediator’s decision requires an appropriation of 9
158	158	additional funds. 10
159	159
160	160	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 11
161	161	1, 2025. 12