EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0599*
HOUSE BILL 599
P4 5lr1496
CF SB 373
By: Delegate Pruski
Introduced and read first time: January 23, 2025
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
State Personnel – BWI Airport Fire and Rescue Department – Collective 2
Bargaining and Arbitration Processes 3
FOR the purpose of altering the collective bargaining process between the State and 4
uniformed fire employees of the BWI Airport Fire and Rescue Department by 5
requiring the parties to reach a collective bargaining agreement on or before a 6
certain date; establishing a process of binding arbitration in the event of an impasse; 7
and generally relating to collective bargaining between the State and employees of 8
the BWI Airport Fire and Rescue Department. 9
BY repealing and reenacting, with amendments, 10
Article – State Personnel and Pensions 11
Section 3–501 and 3–603 12
Annotated Code of Maryland 13
(2024 Replacement Volume and 2024 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – State Personnel and Pensions 17
3–501. 18
(a) (1) The following individuals or entities shall designate one or more 19
representatives to participate as a party in collective bargaining on behalf of the State or 20
the following institutions: 21
(i) on behalf of the State, the Governor; 22
(ii) on behalf of the Maryland Environmental Service, the Board of 23
Directors of the Service; 24 2 HOUSE BILL 599
(iii) on behalf of the University System of Maryland, the Chancellor; 1
and 2
(iv) on behalf of Morgan State University, St. Mary’s College of 3
Maryland, or Baltimore City Community College, the governing board of the institution. 4
(2) The exclusive representative shall designate one or more 5
representatives to participate as a party in collective bargaining on behalf of the exclusive 6
representative. 7
(b) The parties shall meet at reasonable times and engage in collective bargaining 8
in good faith, including facilitating the meaningful use of a fact finder under subsection 9
(c)(3) of this section, and to conclude a written memorandum of understanding or other 10
written understanding as defined under § 3–101(d)(1)(i)2 of this title. 11
(c) (1) The parties shall make every reasonable effort to conclude negotiations 12
in a timely manner for inclusion by the principal unit in its budget request to the Governor. 13
(2) (i) The parties shall conclude negotiations before January 1 for any 14
item requiring an appropriation of funds for the fiscal year that begins on the following 15
July 1. 16
(ii) In the budget bill submitted to the General Assembly, the 17
Governor shall include any amounts in the budgets of the principal units required to 18
accommodate any additional cost resulting from the negotiations, including the actuarial 19
impact of any legislative changes to any of the State pension or retirement systems that 20
are required, as a result of the negotiations, for the fiscal year beginning the following July 21
1 if the legislative changes have been negotiated to become effective in that fiscal year. 22
(3) (i) THIS PARAGRAPH DOES N OT APPLY TO NEGOTIAT IONS 23
BETWEEN THE STATE AND THE EXCLUSI VE REPRESENTATIVE OF THE UNIFORMED 24
FIRE EMPLOYEES OF TH E BWI AIRPORT FIRE AND RESCUE DEPARTMENT . 25
(II) If the parties do not conclude negotiations for the next fiscal year 26
before October 25, either party may request that a fact finder be employed to resolve the 27
issues. 28
[(ii)] (III) The fact finder shall be employed no later than November 29
1. 30
[(iii)] (IV) A fact finder shall be a neutral party appointed by 31
alternate striking from a list by the parties provided: 32
1. by the Federal Mediation and Conciliation Service; or 33
HOUSE BILL 599 3
2. under the Labor Arbitration Rules of the American 1
Arbitration Association. 2
[(iv)] (V) The fact finder: 3
1. may give notice and hold hearings in accordance with the 4
Administrative Procedure Act; 5
2. may administer oaths and take testimony and other 6
evidence; 7
3. may issue subpoenas; and 8
4. before November 20, shall make written recommendations 9
regarding wages, hours, and working conditions, and any other terms or conditions of 10
employment that may be in dispute. 11
[(v)] (VI) The written recommendations of the fact finder shall be 12
delivered to the Governor, the exclusive representative, the President of the Senate, and 13
the Speaker of the House of Delegates by the Secretary on or before December 1. 14
(4) (I) THIS PARAGRAPH APPLIE S ONLY TO NEGOTIATIO NS 15
BETWEEN THE STATE AND THE EXCLUSI VE REPRESENTATI VE OF THE UNIFORMED 16
FIRE EMPLOYEES OF TH E BWI AIRPORT FIRE AND RESCUE DEPARTMENT . 17
(II) THE PARTIES SHALL REA CH AN AGREEMENT BY 18
SEPTEMBER 30 OF THE YEAR IN WHICH A COLLECTIVE BARGAIN ING AGREEMENT 19
WILL EXPIRE. 20
(III) AN IMPASSE IS REACHED DURING THE N EGOTIATIONS IF 21
THE PARTIES DO NOT R EACH AN AGREEMENT : 22
1. BY STATING THAT THEY MUTUALLY AGREE THEY ARE 23
AT AN IMPASSE; OR 24
2. ON OR BEFORE OCTOBER 1 OF THE YEAR IN WHICH A 25
COLLECTIVE BARGAININ G AGREEMENT WILL EXP IRE. 26
(IV) IF AN IMPASSE IS REAC HED UNDER SUBPARAGRAPH (III) OF 27
THIS PARAGRAPH , EACH PARTY SHALL SUB MIT ITS LAST, BEST, AND FINAL OFFER 28
TO THE OTHER PARTY W ITHIN 48 HOURS AFTER THE IMPA SSE IS REACHED. 29
(V) 1. UNLESS THE IMPASSE HA S BEEN RESOLVED , THE 30
PARTIES SHALL MEET W ITHIN 5 BUSINESS DAYS AFTER THE IMPAS SE IS REACHED 31
UNDER SUBPARAGRAPH (III) OF THIS PARAGRAPH TO SELECT AN ARBITRATOR 32 4 HOUSE BILL 599
FROM A LIST OF 15 ARBITRATORS PROVIDED BY THE AMERICAN ARBITRATION 1
ASSOCIATION’S LABOR ARBITRATION PANEL. 2
2. THE PARTIES SHALL SEL ECT THE ARBITRATOR BY 3
ALTERNATELY STRIKING A NAME FROM THE LIST UNTIL ONE NAME REMAI NS. 4
3. IF THE SELECTED ARBIT RATOR IS UNABLE TO 5
FULFILL THE RESPONSI BILITIES OF THE ARBI TRATION, THE SELECTION PROCES S 6
SHALL BE REPEATED US ING A NEW LIST OF AR BITRATORS UNTIL AN A RBITRATOR IS 7
SELECTED. 8
4. THE PARTIES SHALL SUB MIT THE DISPUTE AND THE 9
LAST, BEST, AND FINAL OFFERS TO THE ARBITRATOR WITHI N 5 BUSINESS DAYS 10
AFTER THE ARBITRATOR IS SELECTED. 11
(VI) 1. THE ARBITRATOR SHALL HOLD FORMAL HEARINGS AS 12
NECESSARY IN ORDER T O RESOLVE THE IMPASSE. 13
2. DURING THE FIRST 21 DAYS IMMEDIATELY 14
FOLLOWING THE APPOIN TMENT OF THE ARBITRA TOR AND BEFORE HOLDI NG ANY 15
FORMAL HEARINGS , THE ARBITRATOR MAY , IF DETERMINED APPROP RIATE BY THE 16
ARBITRATOR, ATTEMPT TO RESOLVE T HE IMPASSE BY ACTING AS A NEUTRAL 17
MEDIATOR BETWEEN THE PARTIES. 18
(VII) THE ARBITRATOR SHALL SELECT ONE PARTY ’S LAST, BEST, 19
AND FINAL OFFER ON O R BEFORE DECEMBER 15. 20
(VIII) THE DECISION OF THE A RBITRATOR IS BINDING ON THE 21
PARTIES. 22
(IX) THE PARTIES SHALL EQU ALLY SHARE THE COSTS OF THE 23
SERVICES OF THE ARBI TRATOR. 24
(d) (1) A memorandum of understanding that incorporates all matters of 25
agreement reached by the parties shall be executed by the exclusive representative and: 26
(i) for a memorandum of understanding relating to the State, the 27
Governor or the Governor’s designee; 28
(ii) for a memorandum of understanding relating to the Maryland 29
Environmental Service, the Board of Directors of the Service; 30
(iii) for a memorandum of understanding relating to a system 31
institution, the Chancellor or the Chancellor’s designee; and 32 HOUSE BILL 599 5
(iv) for a memorandum of understanding relating to Morgan State 1
University, St. Mary’s College of Maryland, or Baltimore City Community College, the 2
governing board of the institution or the governing board’s designee. 3
(2) To the extent these matters require legislative approval or the 4
appropriation of funds, the matters shall be recommended to the General Assembly for 5
approval or for the appropriation of funds. 6
(3) To the extent matters involving a State institution of higher education 7
require legislative approval, the legislation shall be recommended to the Governor for 8
submission to the General Assembly. 9
(e) (1) Except as provided in paragraph (2) of this subsection, negotiations for 10
a memorandum of understanding shall be considered closed sessions under § 3–305 of the 11
General Provisions Article. 12
(2) An exclusive representative may not be considered a public body under 13
§ 3–101 of the General Provisions Article. 14
(f) (1) The terms of a memorandum of understanding executed by the 15
Governor or the Governor’s designee and an exclusive representative of a bargaining unit 16
for skilled service or professional service employees in the State Personnel Management 17
System are not applicable to employees of a State institution of higher education. 18
(2) The terms of a memorandum of understanding executed by the 19
Chancellor or the governing board of Morgan State University, St. Mary’s College of 20
Maryland, or Baltimore City Community College, or their respective designees, and the 21
exclusive representative of a bargaining unit for employees of a State institution of higher 22
education are not applicable to skilled service or professional service employees in the State 23
Personnel Management System. 24
3–603. 25
(a) A memorandum of understanding agreed to and ratified under § 3–601 of this 26
subtitle may not expire until it is succeeded by a memorandum of understanding that is 27
agreed to and ratified OR ADOPTED BY ARBITR ATION under this title. 28
(b) Notwithstanding § 3–601(b) of this subtitle, all terms of a memorandum of 29
understanding shall continue in force and effect without change until a successor 30
memorandum of understanding is agreed to and ratified. 31
(c) (1) Based on a verified complaint by an exclusive representative, the 32
exclusive representative may file an action in a circuit court against the State, the 33
Maryland Environmental Service, a system institution, Morgan State University, St. 34
Mary’s College of Maryland, or Baltimore City Community College to enforce the terms of 35
this section. 36 6 HOUSE BILL 599
(2) On receipt of an action submitted by the exclusive representative, the 1
court shall issue a status quo order without a finding of irreparable harm to maintain a 2
memorandum of understanding and the terms in effect pending a final order in the action. 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 4
1, 2025. 5