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.
*sb0373*
SENATE BILL 373
P4 5lr1491
CF HB 599
By: Senator Beidle
Introduced and read first time: January 17, 2025
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 16, 2025
CHAPTER ______
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
2 SENATE BILL 373
(a) (1) The following individuals or entities shall designate one or more 1
representatives to participate as a party in collective bargaining on behalf of the State or 2
the following institutions: 3
(i) on behalf of the State, the Governor; 4
(ii) on behalf of the Maryland Environmental Service, the Board of 5
Directors of the Service; 6
(iii) on behalf of the University System of Maryland, the Chancellor; 7
and 8
(iv) on behalf of Morgan State University, St. Mary’s College of 9
Maryland, or Baltimore City Community College, the governing board of the institution. 10
(2) The exclusive representative shall designate one or more 11
representatives to participate as a party in collective bargaining on behalf of the exclusive 12
representative. 13
(b) The parties shall meet at reasonable times and engage in collective bargaining 14
in good faith, including facilitating the meaningful use of a fact finder under subsection 15
(c)(3) of this section, and to conclude a written memorandum of understanding or other 16
written understanding as defined under § 3–101(d)(1)(i)2 of this title. 17
(c) (1) The parties shall make every reasonable effort to conclude negotiations 18
in a timely manner for inclusion by the principal unit in its budget request to the Governor. 19
(2) (i) The parties shall conclude negotiations before January 1 for any 20
item requiring an appropriation of funds for the fiscal year that begins on the following 21
July 1. 22
(ii) In the budget bill submitted to the General Assembly, the 23
Governor shall include any amounts in the budgets of the principal units required to 24
accommodate any additional cost resulting from the negotiations, including the actuarial 25
impact of any legislative changes to any of the State pension or retirement systems that 26
are required, as a result of the negotiations, for the fiscal year beginning the following July 27
1 if the legislative changes have been negotiated to become effective in that fiscal year. 28
(3) (i) THIS PARAGRAPH DOES N OT APPLY TO NEGOTIAT IONS 29
BETWEEN THE STATE AND THE EXCLUS IVE REPRESENTATIVE O F THE UNIFORMED 30
FIRE EMPLOYEES OF TH E BWI AIRPORT FIRE AND RESCUE DEPARTMENT . 31
(II) If the parties do not conclude negotiations for the next fiscal year 32
before October 25, either party may request that a fact finder be employed to resolve the 33
issues. 34
SENATE BILL 373 3
[(ii)] (III) The fact finder shall be employed no later than November 1
1. 2
[(iii)] (IV) A fact finder shall be a neutral party appointed by 3
alternate striking from a list by the parties provided: 4
1. by the Federal Mediation and Conciliation Service; or 5
2. under the Labor Arbitration Rules of the American 6
Arbitration Association. 7
[(iv)] (V) The fact finder: 8
1. may give notice and hold hearings in accordance with the 9
Administrative Procedure Act; 10
2. may administer oaths and take testimony and other 11
evidence; 12
3. may issue subpoenas; and 13
4. before November 20, shall make written recommendations 14
regarding wages, hours, and working conditions, and any other terms or conditions of 15
employment that may be in dispute. 16
[(v)] (VI) The written recommendations of the fact finder shall be 17
delivered to the Governor, the exclusive representative, the President of the Senate, and 18
the Speaker of the House of Delegates by the Secretary on or before December 1. 19
(4) (I) THIS PARAGRAPH APPLIE S ONLY TO NEGOTIATIO NS 20
BETWEEN THE STATE AND THE EXCLUSI VE REPRESENTATIVE OF THE UNIFORMED 21
FIRE EMPLOYEES OF TH E BWI AIRPORT FIRE AND RESCUE DEPARTMENT . 22
(II) THE PARTIES SHALL REA CH AN AGREEMENT BY 23
SEPTEMBER 30 OF THE YEAR IN W HICH A COLLECTIVE BA RGAINING AGREEMENT 24
WILL EXPIRE. 25
(III) AN IMPASSE IS REACHED DURING THE NEGOTIATI ONS IF 26
THE PARTIES DO NOT R EACH AN AGREEMENT : 27
1. BY STATING THAT THEY MUTUALLY AGREE THEY ARE 28
AT AN IMPASSE; OR 29
2. ON OR BEFORE OCTOBER 1 OF THE YEAR IN WHICH A 30
COLLECTIVE BARGAININ G AGREEMENT WILL EXP IRE. 31
4 SENATE BILL 373
(IV) IF AN IMPASSE IS REAC HED UNDER SUBPARAGRA PH (III) OF 1
THIS PARAGRAPH , EACH PARTY SHALL SUB MIT ITS LAST, BEST, AND FINAL OFFER 2
TO THE OTHER PARTY W ITHIN 48 HOURS AFTER THE IMPA SSE IS REACHED. 3
(V) 1. UNLESS THE IMPASSE HA S BEEN RESOLVED , THE 4
PARTIES SHALL MEET W ITHIN 5 BUSINESS DAYS AFTER THE IMPASSE IS REACH ED 5
UNDER SUBPARAGRAPH (III) OF THIS PARAGRAPH TO SELECT AN ARBITRATOR 6
FROM A LIST OF 15 ARBITRATORS PROVIDED BY THE AMERICAN ARBITRATION 7
ASSOCIATION’S LABOR ARBITRATION PANEL. 8
2. THE PARTIES SHALL SEL ECT THE ARBITRATOR B Y 9
ALTERNATELY STRIKING A NAME FROM THE LIST UNTIL ONE NAME REMAI NS. 10
3. IF THE SELECTED ARBIT RATOR IS UNABLE TO 11
FULFILL THE RESPONSI BILITIES OF THE ARBI TRATION, THE SELECTION PROCES S 12
SHALL BE REPEATED US ING A NEW LIST OF AR BITRATORS UNTIL AN A RBITRATOR IS 13
SELECTED. 14
4. THE PARTIES SHALL SUB MIT THE DISPUTE AND THE 15
LAST, BEST, AND FINAL OFFERS TO THE ARBITRATOR WITHI N 5 BUSINESS DAYS 16
AFTER THE ARBITRATOR IS SELECTED. 17
(VI) 1. THE ARBITRATOR SHALL HOLD FORMAL HEARINGS AS 18
NECESSARY IN ORDER T O RESOLVE THE IMPASS E. 19
2. DURING THE FIRST 21 DAYS IMMEDIATELY 20
FOLLOWING THE APPOIN TMENT OF THE ARBITRA TOR AND BEFORE HOLDI NG ANY 21
FORMAL HEARINGS , THE ARBITRATOR MAY, IF DETERMINED APPROP RIATE BY THE 22
ARBITRATOR, ATTEMPT TO RESOLVE T HE IMPASSE BY ACTING AS A NEUTRAL 23
MEDIATOR BETWEEN THE PARTIES. 24
(VII) THE ARBITRATOR SHALL SELECT ONE PARTY ’S LAST, BEST, 25
AND FINAL OFFER ON O R BEFORE DECEMBER 15. 26
(VIII) 1. THE SUBJECT TO SUBSUBPARA GRAPH 2 OF THIS 27
SUBPARAGRAPH , THE DECISION OF THE ARBI TRATOR IS BINDING ON THE PARTIES. 28
2. A DECISION OF AN ARBIT RATOR UNDER THIS 29
PARAGRAPH RELATED TO WAGES IS SUBJECT TO THE LIMITATIONS OF T HE STATE 30
BUDGET. 31
(IX) THE PARTIES SHALL EQUALLY SHARE THE COSTS OF THE 32
SERVICES OF THE ARBI TRATOR. 33
SENATE BILL 373 5
(d) (1) A memorandum of understanding that incorporates all matters of 1
agreement reached by the parties shall be executed by the exclusive representative and: 2
(i) for a memorandum of understanding relating to the State, the 3
Governor or the Governor’s designee; 4
(ii) for a memorandum of understanding relating to the Maryland 5
Environmental Service, the Board of Directors of the Service; 6
(iii) for a memorandum of understanding relating to a system 7
institution, the Chancellor or the Chancellor’s designee; and 8
(iv) for a memorandum of understanding relating to Morgan State 9
University, St. Mary’s College of Maryland, or Baltimore City Community College, the 10
governing board of the institution or the governing board’s designee. 11
(2) To the extent these matters require legislative approval or the 12
appropriation of funds, the matters shall be recommended to the General Assembly for 13
approval or for the appropriation of funds. 14
(3) To the extent matters involving a State institution of higher education 15
require legislative approval, the legislation shall be recommended to the Governor for 16
submission to the General Assembly. 17
(e) (1) Except as provided in paragraph (2) of this subsection, negotiations for 18
a memorandum of understanding shall be considered closed sessions under § 3–305 of the 19
General Provisions Article. 20
(2) An exclusive representative may not be considered a public body under 21
§ 3–101 of the General Provisions Article. 22
(f) (1) The terms of a memorandum of understanding executed by the 23
Governor or the Governor’s designee and an exclusive representative of a bargaining unit 24
for skilled service or professional service employees in the State Personnel Management 25
System are not applicable to employees of a State institution of higher education. 26
(2) The terms of a memorandum of understanding executed by the 27
Chancellor or the governing board of Morgan State University, St. Mary’s College of 28
Maryland, or Baltimore City Community College, or their respective designees, and the 29
exclusive representative of a bargaining unit for employees of a State institution of higher 30
education are not applicable to skilled service or professional service employees in the State 31
Personnel Management System. 32
3–603. 33
6 SENATE BILL 373
(a) A memorandum of understanding agreed to and ratified under § 3–601 of this 1
subtitle may not expire until it is succeeded by a memorandum of understanding that is 2
agreed to and ratified OR ADOPTED BY ARBITR ATION under this title. 3
(b) Notwithstanding § 3–601(b) of this subtitle, all terms of a memorandum of 4
understanding shall continue in force and effect without change until a successor 5
memorandum of understanding is agreed to and ratified. 6
(c) (1) Based on a verified complaint by an exclusive representative, the 7
exclusive representative may file an action in a circuit court against the State, the 8
Maryland Environmental Service, a system institution, Morgan State University, St. 9
Mary’s College of Maryland, or Baltimore City Community College to enforce the terms of 10
this section. 11
(2) On receipt of an action submitted by the exclusive representative, the 12
court shall issue a status quo order without a finding of irreparable harm to maintain a 13
memorandum of understanding and the terms in effect pending a final order in the action. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 15
1, 2025. 16
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.