| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING 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 | *sb0373* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 373 | |
| 11 | 8 | P4 5lr1491 | |
| 12 | - | CF | |
| 9 | + | CF 5lr1496 | |
| 13 | 10 | By: Senator Beidle | |
| 14 | 11 | Introduced and read first time: January 17, 2025 | |
| 15 | 12 | Assigned to: Finance | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | Senate action: Adopted | |
| 18 | - | Read second time: February 16, 2025 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | State Personnel – BWI Airport Fire and Rescue Department – Collective 2 | |
| 25 | 19 | Bargaining and Arbitration Processes 3 | |
| 26 | 20 | ||
| 27 | 21 | FOR the purpose of altering the collective bargaining process between the State and 4 | |
| 28 | 22 | uniformed fire employees of the BWI Airport Fire and Rescue Department by 5 | |
| 29 | 23 | requiring the parties to reach a collective bargaining agreement on or before a 6 | |
| 30 | 24 | certain date; establishing a process of binding arbitration in the event of an impasse; 7 | |
| 31 | 25 | and generally relating to collective bargaining between the State and employees of 8 | |
| 32 | 26 | the BWI Airport Fire and Rescue Department. 9 | |
| 33 | 27 | ||
| 34 | 28 | BY repealing and reenacting, with amendments, 10 | |
| 35 | 29 | Article – State Personnel and Pensions 11 | |
| 36 | 30 | Section 3–501 and 3–603 12 | |
| 37 | 31 | Annotated Code of Maryland 13 | |
| 38 | 32 | (2024 Replacement Volume and 2024 Supplement) 14 | |
| 39 | 33 | ||
| 40 | 34 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15 | |
| 41 | 35 | That the Laws of Maryland read as follows: 16 | |
| 42 | 36 | ||
| 43 | 37 | Article – State Personnel and Pensions 17 | |
| 44 | 38 | ||
| 45 | 39 | 3–501. 18 | |
| 46 | - | 2 SENATE BILL 373 | |
| 40 | + | ||
| 41 | + | (a) (1) The following individuals or entities shall designate one or more 19 | |
| 42 | + | representatives to participate as a party in collective bargaining on behalf of the State or 20 | |
| 43 | + | the following institutions: 21 | |
| 44 | + | ||
| 45 | + | (i) on behalf of the State, the Governor; 22 | |
| 46 | + | ||
| 47 | + | (ii) on behalf of the Maryland Environmental Service, the Board of 23 | |
| 48 | + | Directors of the Service; 24 2 SENATE BILL 373 | |
| 47 | 49 | ||
| 48 | 50 | ||
| 49 | - | (a) (1) The following individuals or entities shall designate one or more 1 | |
| 50 | - | representatives to participate as a party in collective bargaining on behalf of the State or 2 | |
| 51 | - | the following institutions: 3 | |
| 52 | 51 | ||
| 53 | - | (i) on behalf of the State, the Governor; 4 | |
| 52 | + | (iii) on behalf of the University System of Maryland, the Chancellor; 1 | |
| 53 | + | and 2 | |
| 54 | 54 | ||
| 55 | - | ( | |
| 56 | - | ||
| 55 | + | (iv) on behalf of Morgan State University, St. Mary’s College of 3 | |
| 56 | + | Maryland, or Baltimore City Community College, the governing board of the institution. 4 | |
| 57 | 57 | ||
| 58 | - | (iii) on behalf of the University System of Maryland, the Chancellor; 7 | |
| 59 | - | and 8 | |
| 58 | + | (2) The exclusive representative shall designate one or more 5 | |
| 59 | + | representatives to participate as a party in collective bargaining on behalf of the exclusive 6 | |
| 60 | + | representative. 7 | |
| 60 | 61 | ||
| 61 | - | (iv) on behalf of Morgan State University, St. Mary’s College of 9 | |
| 62 | - | Maryland, or Baltimore City Community College, the governing board of the institution. 10 | |
| 62 | + | (b) The parties shall meet at reasonable times and engage in collective bargaining 8 | |
| 63 | + | in good faith, including facilitating the meaningful use of a fact finder under subsection 9 | |
| 64 | + | (c)(3) of this section, and to conclude a written memorandum of understanding or other 10 | |
| 65 | + | written understanding as defined under § 3–101(d)(1)(i)2 of this title. 11 | |
| 63 | 66 | ||
| 64 | - | (2) The exclusive representative shall designate one or more 11 | |
| 65 | - | representatives to participate as a party in collective bargaining on behalf of the exclusive 12 | |
| 66 | - | representative. 13 | |
| 67 | + | (c) (1) The parties shall make every reasonable effort to conclude negotiations 12 | |
| 68 | + | in a timely manner for inclusion by the principal unit in its budget request to the Governor. 13 | |
| 67 | 69 | ||
| 68 | - | (b) The parties shall meet at reasonable times and engage in collective bargaining 14 | |
| 69 | - | in good faith, including facilitating the meaningful use of a fact finder under subsection 15 | |
| 70 | - | (c)(3) of this section, and to conclude a written memorandum of understanding or other 16 | |
| 71 | - | written understanding as defined under § 3–101(d)(1)(i)2 of this title. 17 | |
| 70 | + | (2) (i) The parties shall conclude negotiations before January 1 for any 14 | |
| 71 | + | item requiring an appropriation of funds for the fiscal year that begins on the following 15 | |
| 72 | + | July 1. 16 | |
| 72 | 73 | ||
| 73 | - | (c) (1) The parties shall make every reasonable effort to conclude negotiations 18 | |
| 74 | - | in a timely manner for inclusion by the principal unit in its budget request to the Governor. 19 | |
| 74 | + | (ii) In the budget bill submitted to the General Assembly, the 17 | |
| 75 | + | Governor shall include any amounts in the budgets of the principal units required to 18 | |
| 76 | + | accommodate any additional cost resulting from the negotiations, including the actuarial 19 | |
| 77 | + | impact of any legislative changes to any of the State pension or retirement systems that 20 | |
| 78 | + | are required, as a result of the negotiations, for the fiscal year beginning the following July 21 | |
| 79 | + | 1 if the legislative changes have been negotiated to become effective in that fiscal year. 22 | |
| 75 | 80 | ||
| 76 | - | ( | |
| 77 | - | ||
| 78 | - | ||
| 81 | + | (3) (i) THIS PARAGRAPH DOES N OT APPLY TO NEGOTIATIONS 23 | |
| 82 | + | BETWEEN THE STATE AND THE EXCLUSIVE REPRESENTA TIVE OF THE UNIFORMED 24 | |
| 83 | + | FIRE EMPLOYEES OF THE BWI AIRPORT FIRE AND RESCUE DEPARTMENT . 25 | |
| 79 | 84 | ||
| 80 | - | (ii) In the budget bill submitted to the General Assembly, the 23 | |
| 81 | - | Governor shall include any amounts in the budgets of the principal units required to 24 | |
| 82 | - | accommodate any additional cost resulting from the negotiations, including the actuarial 25 | |
| 83 | - | impact of any legislative changes to any of the State pension or retirement systems that 26 | |
| 84 | - | are required, as a result of the negotiations, for the fiscal year beginning the following July 27 | |
| 85 | - | 1 if the legislative changes have been negotiated to become effective in that fiscal year. 28 | |
| 85 | + | (II) If the parties do not conclude negotiations for the next fiscal year 26 | |
| 86 | + | before October 25, either party may request that a fact finder be employed to resolve the 27 | |
| 87 | + | issues. 28 | |
| 86 | 88 | ||
| 87 | - | (3) (i) THIS PARAGRAPH DOES N OT APPLY TO NEGOTIAT IONS 29 | |
| 88 | - | BETWEEN THE STATE AND THE EXCLUS IVE REPRESENTATIVE O F THE UNIFORMED 30 | |
| 89 | - | FIRE EMPLOYEES OF TH E BWI AIRPORT FIRE AND RESCUE DEPARTMENT . 31 | |
| 89 | + | [(ii)] (III) The fact finder shall be employed no later than November 29 | |
| 90 | + | 1. 30 | |
| 90 | 91 | ||
| 91 | - | (II) If the parties do not conclude negotiations for the next fiscal year 32 | |
| 92 | - | before October 25, either party may request that a fact finder be employed to resolve the 33 | |
| 93 | - | issues. 34 | |
| 92 | + | [(iii)] (IV) A fact finder shall be a neutral party appointed by 31 | |
| 93 | + | alternate striking from a list by the parties provided: 32 | |
| 94 | + | ||
| 95 | + | 1. by the Federal Mediation and Conciliation Service; or 33 | |
| 94 | 96 | SENATE BILL 373 3 | |
| 95 | 97 | ||
| 96 | 98 | ||
| 97 | - | | |
| 98 | - | ||
| 99 | + | 2. under the Labor Arbitration Rules of the American 1 | |
| 100 | + | Arbitration Association. 2 | |
| 99 | 101 | ||
| 100 | - | [(iii)] (IV) A fact finder shall be a neutral party appointed by 3 | |
| 101 | - | alternate striking from a list by the parties provided: 4 | |
| 102 | + | [(iv)] (V) The fact finder: 3 | |
| 102 | 103 | ||
| 103 | - | 1. by the Federal Mediation and Conciliation Service; or 5 | |
| 104 | + | 1. may give notice and hold hearings in accordance with the 4 | |
| 105 | + | Administrative Procedure Act; 5 | |
| 104 | 106 | ||
| 105 | - | 2. | |
| 106 | - | ||
| 107 | + | 2. may administer oaths and take testimony and other 6 | |
| 108 | + | evidence; 7 | |
| 107 | 109 | ||
| 108 | - | | |
| 110 | + | 3. may issue subpoenas; and 8 | |
| 109 | 111 | ||
| 110 | - | 1. may give notice and hold hearings in accordance with the 9 | |
| 111 | - | Administrative Procedure Act; 10 | |
| 112 | + | 4. before November 20, shall make written recommendations 9 | |
| 113 | + | regarding wages, hours, and working conditions, and any other terms or conditions of 10 | |
| 114 | + | employment that may be in dispute. 11 | |
| 112 | 115 | ||
| 113 | - | 2. may administer oaths and take testimony and other 11 | |
| 114 | - | evidence; 12 | |
| 116 | + | [(v)] (VI) The written recommendations of the fact finder shall be 12 | |
| 117 | + | delivered to the Governor, the exclusive representative, the President of the Senate, and 13 | |
| 118 | + | the Speaker of the House of Delegates by the Secretary on or before December 1. 14 | |
| 115 | 119 | ||
| 116 | - | 3. may issue subpoenas; and 13 | |
| 120 | + | (4) (I) THIS PARAGRAPH APPLIE S ONLY TO NEGOTIATIONS 15 | |
| 121 | + | BETWEEN THE STATE AND THE EXCLUSIVE REPRES ENTATIVE OF THE UNIFORMED 16 | |
| 122 | + | FIRE EMPLOYEES OF TH E BWI AIRPORT FIRE AND RESCUE DEPARTMENT . 17 | |
| 117 | 123 | ||
| 118 | - | | |
| 119 | - | ||
| 120 | - | ||
| 124 | + | (II) THE PARTIES SHALL REACH AN AGREE MENT BY 18 | |
| 125 | + | SEPTEMBER 30 OF THE YEAR IN WHICH A COLLECTIVE BARGAIN ING AGREEMENT 19 | |
| 126 | + | WILL EXPIRE. 20 | |
| 121 | 127 | ||
| 122 | - | [(v)] (VI) The written recommendations of the fact finder shall be 17 | |
| 123 | - | delivered to the Governor, the exclusive representative, the President of the Senate, and 18 | |
| 124 | - | the Speaker of the House of Delegates by the Secretary on or before December 1. 19 | |
| 128 | + | (III) AN IMPASSE IS REACHED DURING THE NEGOTIATI ONS IF 21 | |
| 129 | + | THE PARTIES DO NOT REACH AN AGRE EMENT: 22 | |
| 125 | 130 | ||
| 126 | - | (4) (I) THIS PARAGRAPH APPLIE S ONLY TO NEGOTIATIO NS 20 | |
| 127 | - | BETWEEN THE STATE AND THE EXCLUSI VE REPRESENTATIVE OF THE UNIFORMED 21 | |
| 128 | - | FIRE EMPLOYEES OF TH E BWI AIRPORT FIRE AND RESCUE DEPARTMENT . 22 | |
| 131 | + | 1. BY STATING THAT THEY MU TUALLY AGREE THEY AR E 23 | |
| 132 | + | AT AN IMPASSE; OR 24 | |
| 129 | 133 | ||
| 130 | - | (II) THE PARTIES SHALL REA CH AN AGREEMENT BY 23 | |
| 131 | - | SEPTEMBER 30 OF THE YEAR IN W HICH A COLLECTIVE BA RGAINING AGREEMENT 24 | |
| 132 | - | WILL EXPIRE. 25 | |
| 134 | + | 2. ON OR BEFORE OCTOBER 1 OF THE YEAR IN WHICH A 25 | |
| 135 | + | COLLECTIVE BARGAININ G AGREEMENT WILL EXP IRE. 26 | |
| 133 | 136 | ||
| 134 | - | (III) AN IMPASSE IS REACHED DURING THE NEGOTIATI ONS IF 26 | |
| 135 | - | THE PARTIES DO NOT R EACH AN AGREEMENT : 27 | |
| 137 | + | (IV) IF AN IMPASSE IS REAC HED UNDER SUBPARAGRAPH (III) OF 27 | |
| 138 | + | THIS PARAGRAPH , EACH PARTY SHALL SUBMIT ITS LAST, BEST, AND FINAL OFFER 28 | |
| 139 | + | TO THE OTHER PARTY W ITHIN 48 HOURS AFTER THE IMPA SSE IS REACHED. 29 | |
| 136 | 140 | ||
| 137 | - | 1. BY STATING THAT THEY MUTUALLY AGREE THEY ARE 28 | |
| 138 | - | AT AN IMPASSE; OR 29 | |
| 139 | - | ||
| 140 | - | 2. ON OR BEFORE OCTOBER 1 OF THE YEAR IN WHICH A 30 | |
| 141 | - | COLLECTIVE BARGAININ G AGREEMENT WILL EXP IRE. 31 | |
| 142 | - | 4 SENATE BILL 373 | |
| 141 | + | (V) 1. UNLESS THE IMPASSE HA S BEEN RESOLVED , THE 30 | |
| 142 | + | PARTIES SHALL MEET WITHIN 5 BUSINESS DAYS AFTER THE IMPASSE IS REACHED 31 | |
| 143 | + | UNDER SUBPARAGRAPH (III) OF THIS PARAGRAPH TO SELECT AN ARBITRATOR 32 4 SENATE BILL 373 | |
| 143 | 144 | ||
| 144 | 145 | ||
| 145 | - | (IV) IF AN IMPASSE IS REAC HED UNDER SUBPARAGRA PH (III) OF 1 | |
| 146 | - | THIS PARAGRAPH , EACH PARTY SHALL SUB MIT ITS LAST, BEST, AND FINAL OFFER 2 | |
| 147 | - | TO THE OTHER PARTY W ITHIN 48 HOURS AFTER THE IMPA SSE IS REACHED. 3 | |
| 146 | + | FROM A LIST OF 15 ARBITRATORS PROVIDED BY THE AMERICAN ARBITRATION 1 | |
| 147 | + | ASSOCIATION’S LABOR ARBITRATION PANEL . 2 | |
| 148 | 148 | ||
| 149 | - | (V) 1. UNLESS THE IMPASSE HA S BEEN RESOLVED , THE 4 | |
| 150 | - | PARTIES SHALL MEET W ITHIN 5 BUSINESS DAYS AFTER THE IMPASSE IS REACH ED 5 | |
| 151 | - | UNDER SUBPARAGRAPH (III) OF THIS PARAGRAPH TO SELECT AN ARBITRATOR 6 | |
| 152 | - | FROM A LIST OF 15 ARBITRATORS PROVIDED BY THE AMERICAN ARBITRATION 7 | |
| 153 | - | ASSOCIATION’S LABOR ARBITRATION PANEL. 8 | |
| 149 | + | 2. THE PARTIES SHALL SELECT THE ARBITRATOR BY 3 | |
| 150 | + | ALTERNATELY STRIKING A NAME FROM THE LIST UNTIL ONE NAME REMAI NS. 4 | |
| 154 | 151 | ||
| 155 | - | 2. THE PARTIES SHALL SEL ECT THE ARBITRATOR B Y 9 | |
| 156 | - | ALTERNATELY STRIKING A NAME FROM THE LIST UNTIL ONE NAME REMAI NS. 10 | |
| 152 | + | 3. IF THE SELECTED ARBITRATOR IS UNABLE TO 5 | |
| 153 | + | FULFILL THE RESPONSI BILITIES OF THE ARBI TRATION, THE SELECTION PROCESS 6 | |
| 154 | + | SHALL BE REPEATED US ING A NEW LIST OF ARBITRATORS UNTIL AN ARBITRATOR IS 7 | |
| 155 | + | SELECTED. 8 | |
| 157 | 156 | ||
| 158 | - | 3. IF THE SELECTED ARBIT RATOR IS UNABLE TO 11 | |
| 159 | - | FULFILL THE RESPONSI BILITIES OF THE ARBI TRATION, THE SELECTION PROCES S 12 | |
| 160 | - | SHALL BE REPEATED US ING A NEW LIST OF AR BITRATORS UNTIL AN A RBITRATOR IS 13 | |
| 161 | - | SELECTED. 14 | |
| 157 | + | 4. THE PARTIES SHALL SUB MIT THE DISPUTE AND THE 9 | |
| 158 | + | LAST, BEST, AND FINAL OFFERS TO THE ARBITRATOR WITHIN 5 BUSINESS DAYS 10 | |
| 159 | + | AFTER THE ARBITRATOR IS SELECTED. 11 | |
| 162 | 160 | ||
| 163 | - | 4. THE PARTIES SHALL SUB MIT THE DISPUTE AND THE 15 | |
| 164 | - | LAST, BEST, AND FINAL OFFERS TO THE ARBITRATOR WITHI N 5 BUSINESS DAYS 16 | |
| 165 | - | AFTER THE ARBITRATOR IS SELECTED. 17 | |
| 161 | + | (VI) 1. THE ARBITRATOR SHALL HOLD FORMAL HEARINGS AS 12 | |
| 162 | + | NECESSARY IN ORDER TO RESOLVE THE IMPASSE. 13 | |
| 166 | 163 | ||
| 167 | - | (VI) 1. THE ARBITRATOR SHALL HOLD FORMAL HEARINGS AS 18 | |
| 168 | - | NECESSARY IN ORDER T O RESOLVE THE IMPASS E. 19 | |
| 164 | + | 2. DURING THE FIRST 21 DAYS IMMEDIATELY 14 | |
| 165 | + | FOLLOWING THE APPOIN TMENT OF THE ARBITRA TOR AND BEFORE HOLDING A NY 15 | |
| 166 | + | FORMAL HEARING S, THE ARBITRATOR MAY , IF DETERMINED APPROPRIATE BY THE 16 | |
| 167 | + | ARBITRATOR, ATTEMPT TO RESOLVE THE IMPAS SE BY ACTING AS A NE UTRAL 17 | |
| 168 | + | MEDIATOR BETWEEN THE PARTIES. 18 | |
| 169 | 169 | ||
| 170 | - | 2. DURING THE FIRST 21 DAYS IMMEDIATELY 20 | |
| 171 | - | FOLLOWING THE APPOIN TMENT OF THE ARBITRA TOR AND BEFORE HOLDI NG ANY 21 | |
| 172 | - | FORMAL HEARINGS , THE ARBITRATOR MAY, IF DETERMINED APPROP RIATE BY THE 22 | |
| 173 | - | ARBITRATOR, ATTEMPT TO RESOLVE T HE IMPASSE BY ACTING AS A NEUTRAL 23 | |
| 174 | - | MEDIATOR BETWEEN THE PARTIES. 24 | |
| 170 | + | (VII) THE ARBITRATOR SHALL SELECT ONE PARTY’S LAST, BEST, 19 | |
| 171 | + | AND FINAL OFFER ON OR BEFORE DECEMBER 15. 20 | |
| 175 | 172 | ||
| 176 | - | ( | |
| 177 | - | ||
| 173 | + | (VIII) THE DECISION OF THE A RBITRATOR IS BINDING ON THE 21 | |
| 174 | + | PARTIES. 22 | |
| 178 | 175 | ||
| 179 | - | ( | |
| 180 | - | ||
| 176 | + | (IX) THE PARTIES SHALL EQUALLY SHARE THE COST S OF THE 23 | |
| 177 | + | SERVICES OF THE ARBITRATOR. 24 | |
| 181 | 178 | ||
| 182 | - | 2. A DECISION OF AN ARBIT RATOR UNDER THIS 29 | |
| 183 | - | PARAGRAPH RELATED TO WAGES IS SUBJECT TO THE LIMITATIONS OF T HE STATE 30 | |
| 184 | - | BUDGET. 31 | |
| 179 | + | (d) (1) A memorandum of understanding that incorporates all matters of 25 | |
| 180 | + | agreement reached by the parties shall be executed by the exclusive representative and: 26 | |
| 185 | 181 | ||
| 186 | - | (IX) THE PARTIES SHALL EQUALLY SHARE THE COSTS OF THE 32 | |
| 187 | - | SERVICES OF THE ARBI TRATOR. 33 | |
| 188 | - | SENATE BILL 373 5 | |
| 182 | + | (i) for a memorandum of understanding relating to the State, the 27 | |
| 183 | + | Governor or the Governor’s designee; 28 | |
| 189 | 184 | ||
| 185 | + | (ii) for a memorandum of understanding relating to the Maryland 29 | |
| 186 | + | Environmental Service, the Board of Directors of the Service; 30 | |
| 190 | 187 | ||
| 191 | - | (d) (1) A memorandum of understanding that incorporates all matters of 1 | |
| 192 | - | agreement reached by the parties shall be executed by the exclusive representative and: 2 | |
| 193 | - | ||
| 194 | - | (i) for a memorandum of understanding relating to the State, the 3 | |
| 195 | - | Governor or the Governor’s designee; 4 | |
| 196 | - | ||
| 197 | - | (ii) for a memorandum of understanding relating to the Maryland 5 | |
| 198 | - | Environmental Service, the Board of Directors of the Service; 6 | |
| 199 | - | ||
| 200 | - | (iii) for a memorandum of understanding relating to a system 7 | |
| 201 | - | institution, the Chancellor or the Chancellor’s designee; and 8 | |
| 202 | - | ||
| 203 | - | (iv) for a memorandum of understanding relating to Morgan State 9 | |
| 204 | - | University, St. Mary’s College of Maryland, or Baltimore City Community College, the 10 | |
| 205 | - | governing board of the institution or the governing board’s designee. 11 | |
| 206 | - | ||
| 207 | - | (2) To the extent these matters require legislative approval or the 12 | |
| 208 | - | appropriation of funds, the matters shall be recommended to the General Assembly for 13 | |
| 209 | - | approval or for the appropriation of funds. 14 | |
| 210 | - | ||
| 211 | - | (3) To the extent matters involving a State institution of higher education 15 | |
| 212 | - | require legislative approval, the legislation shall be recommended to the Governor for 16 | |
| 213 | - | submission to the General Assembly. 17 | |
| 214 | - | ||
| 215 | - | (e) (1) Except as provided in paragraph (2) of this subsection, negotiations for 18 | |
| 216 | - | a memorandum of understanding shall be considered closed sessions under § 3–305 of the 19 | |
| 217 | - | General Provisions Article. 20 | |
| 218 | - | ||
| 219 | - | (2) An exclusive representative may not be considered a public body under 21 | |
| 220 | - | § 3–101 of the General Provisions Article. 22 | |
| 221 | - | ||
| 222 | - | (f) (1) The terms of a memorandum of understanding executed by the 23 | |
| 223 | - | Governor or the Governor’s designee and an exclusive representative of a bargaining unit 24 | |
| 224 | - | for skilled service or professional service employees in the State Personnel Management 25 | |
| 225 | - | System are not applicable to employees of a State institution of higher education. 26 | |
| 226 | - | ||
| 227 | - | (2) The terms of a memorandum of understanding executed by the 27 | |
| 228 | - | Chancellor or the governing board of Morgan State University, St. Mary’s College of 28 | |
| 229 | - | Maryland, or Baltimore City Community College, or their respective designees, and the 29 | |
| 230 | - | exclusive representative of a bargaining unit for employees of a State institution of higher 30 | |
| 231 | - | education are not applicable to skilled service or professional service employees in the State 31 | |
| 232 | - | Personnel Management System. 32 | |
| 233 | - | ||
| 234 | - | 3–603. 33 | |
| 235 | - | 6 SENATE BILL 373 | |
| 236 | - | ||
| 237 | - | ||
| 238 | - | (a) A memorandum of understanding agreed to and ratified under § 3–601 of this 1 | |
| 239 | - | subtitle may not expire until it is succeeded by a memorandum of understanding that is 2 | |
| 240 | - | agreed to and ratified OR ADOPTED BY ARBITR ATION under this title. 3 | |
| 241 | - | ||
| 242 | - | (b) Notwithstanding § 3–601(b) of this subtitle, all terms of a memorandum of 4 | |
| 243 | - | understanding shall continue in force and effect without change until a successor 5 | |
| 244 | - | memorandum of understanding is agreed to and ratified. 6 | |
| 245 | - | ||
| 246 | - | (c) (1) Based on a verified complaint by an exclusive representative, the 7 | |
| 247 | - | exclusive representative may file an action in a circuit court against the State, the 8 | |
| 248 | - | Maryland Environmental Service, a system institution, Morgan State University, St. 9 | |
| 249 | - | Mary’s College of Maryland, or Baltimore City Community College to enforce the terms of 10 | |
| 250 | - | this section. 11 | |
| 251 | - | ||
| 252 | - | (2) On receipt of an action submitted by the exclusive representative, the 12 | |
| 253 | - | court shall issue a status quo order without a finding of irreparable harm to maintain a 13 | |
| 254 | - | memorandum of understanding and the terms in effect pending a final order in the action. 14 | |
| 255 | - | ||
| 256 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 15 | |
| 257 | - | 1, 2025. 16 | |
| 188 | + | (iii) for a memorandum of unde rstanding relating to a system 31 | |
| 189 | + | institution, the Chancellor or the Chancellor’s designee; and 32 SENATE BILL 373 5 | |
| 258 | 190 | ||
| 259 | 191 | ||
| 260 | 192 | ||
| 193 | + | (iv) for a memorandum of understanding relating to Morgan State 1 | |
| 194 | + | University, St. Mary’s College of Maryland, or Baltimore City Community College, the 2 | |
| 195 | + | governing board of the institution or the governing board’s designee. 3 | |
| 261 | 196 | ||
| 262 | - | Approved: | |
| 263 | - | ________________________________________________________________________________ | |
| 264 | - | Governor. | |
| 265 | - | ________________________________________________________________________________ | |
| 266 | - | President of the Senate. | |
| 267 | - | ________________________________________________________________________________ | |
| 268 | - | Speaker of the House of Delegates. | |
| 197 | + | (2) To the extent these matters require legislative approval or the 4 | |
| 198 | + | appropriation of funds, the matters shall be recommended to the General Assembly for 5 | |
| 199 | + | approval or for the appropriation of funds. 6 | |
| 200 | + | ||
| 201 | + | (3) To the extent matters involving a State institution of higher education 7 | |
| 202 | + | require legislative approval, the legislation shall be recommended to the Governor for 8 | |
| 203 | + | submission to the General Assembly. 9 | |
| 204 | + | ||
| 205 | + | (e) (1) Except as provided in paragraph (2) of this subsection, negotiations for 10 | |
| 206 | + | a memorandum of understanding shall be considered closed sessions under § 3–305 of the 11 | |
| 207 | + | General Provisions Article. 12 | |
| 208 | + | ||
| 209 | + | (2) An exclusive representative may not be considered a public body under 13 | |
| 210 | + | § 3–101 of the General Provisions Article. 14 | |
| 211 | + | ||
| 212 | + | (f) (1) The terms of a memorandum of understanding executed by the 15 | |
| 213 | + | Governor or the Governor’s designee and an exclusive representative of a bargaining unit 16 | |
| 214 | + | for skilled service or professional service employees in the State Personnel Management 17 | |
| 215 | + | System are not applicable to employees of a State institution of higher education. 18 | |
| 216 | + | ||
| 217 | + | (2) The terms of a memorandum of understanding executed by the 19 | |
| 218 | + | Chancellor or the governing board of Morgan State University, St. Mary’s College of 20 | |
| 219 | + | Maryland, or Baltimore City Community College, or their respective designees, and the 21 | |
| 220 | + | exclusive representative of a bargaining unit for employees of a State institution of higher 22 | |
| 221 | + | education are not applicable to skilled service or professional service employees in the State 23 | |
| 222 | + | Personnel Management System. 24 | |
| 223 | + | ||
| 224 | + | 3–603. 25 | |
| 225 | + | ||
| 226 | + | (a) A memorandum of understanding agreed to and ratified under § 3–601 of this 26 | |
| 227 | + | subtitle may not expire until it is succeeded by a memorandum of understanding that is 27 | |
| 228 | + | agreed to and ratified OR ADOPTED BY ARBITR ATION under this title. 28 | |
| 229 | + | ||
| 230 | + | (b) Notwithstanding § 3–601(b) of this subtitle, all terms of a memorandum of 29 | |
| 231 | + | understanding shall continue in force and effect without change until a successor 30 | |
| 232 | + | memorandum of understanding is agreed to and ratified. 31 | |
| 233 | + | ||
| 234 | + | (c) (1) Based on a verified complaint by an exclusive representative, the 32 | |
| 235 | + | exclusive representative may file an action in a circuit court against the State, the 33 | |
| 236 | + | Maryland Environmental Service, a system institution, Morgan State University, St. 34 | |
| 237 | + | Mary’s College of Maryland, or Baltimore City Community College to enforce the terms of 35 | |
| 238 | + | this section. 36 6 SENATE BILL 373 | |
| 239 | + | ||
| 240 | + | ||
| 241 | + | ||
| 242 | + | (2) On receipt of an action submitted by the exclusive representative, the 1 | |
| 243 | + | court shall issue a status quo order without a finding of irreparable harm to maintain a 2 | |
| 244 | + | memorandum of understanding and the terms in effect pending a final order in the action. 3 | |
| 245 | + | ||
| 246 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 4 | |
| 247 | + | 1, 2025. 5 |