EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0914*
SENATE BILL 914
F3 5lr2273
CF 5lr2272
By: Senator Hettleman
Introduced and read first time: January 28, 2025
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Baltimore County Public Library – Collective Bargaining – Supervisory 2
Employees 3
FOR the purpose of authorizing supervisory employees of the Baltimore County Public 4
Library to form, join, and participate in an employee organization and engage in 5
certain other activities related to collective bargaining; authorizing certain 6
bargaining units for the employees of the Baltimore County Public Library; altering 7
certain provisions to provide that an employee may be deemed a certain management 8
employee, rather than a supervisory employee, under certain circumstances; and 9
generally relating to collective bargaining for supervisory employees of the Baltimore 10
County Public Library. 11
BY renumbering 12
Article – Education 13
Section 23–802 through 23–812 14
to be Section 23–803 through 23–813, respectively 15
Annotated Code of Maryland 16
(2022 Replacement Volume and 2024 Supplement) 17
BY repealing and reenacting, without amendments, 18
Article – Education 19
Section 23–801(a), (k), and (l) 20
Annotated Code of Maryland 21
(2022 Replacement Volume and 2024 Supplement) 22
BY repealing and reenacting, with amendments, 23
Article – Education 24
Section 23–801(h) 25
Annotated Code of Maryland 26
(2022 Replacement Volume and 2024 Supplement) 27
2 SENATE BILL 914
BY adding to 1
Article – Education 2
Section 23–802 3
Annotated Code of Maryland 4
(2022 Replacement Volume and 2024 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – Education 7
Section 23–803 and 23–810(a) 8
Annotated Code of Maryland 9
(2022 Replacement Volume and 2024 Supplement) 10
(As enacted by Section 1 of this Act) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That Section(s) 23–802 through 23–812 of Article – Education of the Annotated Code of 13
Maryland be renumbered to be Section(s) 23–803 through 23–813, respectively. 14
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 15
as follows: 16
Article – Education 17
23–801. 18
(a) In this subtitle the following words have the meanings indicated. 19
(h) (1) “Employee” means a full–time or part–time employee of the library. 20
(2) “Employee” does not include a confidential employee [,] OR 21
management employee[, or supervisory employee]. 22
(k) “Management employee” means an employee who generally has authority and 23
who: 24
(1) Formulates policy that is applicable throughout a bargaining unit; 25
(2) Has a significant role in personnel administration, employee relations, 26
or the preparation and administration of budgets for the employer; or 27
(3) May reasonably be required to: 28
(i) Assist directly in the preparation for and conduct of collective 29
bargaining negotiations on behalf of the employer; or 30
(ii) Have a major role in the administration of resulting collective 31
bargaining agreements. 32
SENATE BILL 914 3
(l) “Supervisory employee” means an employee who is authorized to: 1
(1) Hire, transfer, suspend, lay off, recall, promote, discharge, assign, 2
reward, or discipline employees; 3
(2) Responsibly direct employees for more than 50% of the employee’s 4
working hours; or 5
(3) Address and resolve the grievances of employees. 6
23–802. 7
(A) THERE MAY NOT BE MORE THAN TWO BARGAINING UNITS ESTABLISHED 8
UNDER THIS SUBTITLE , INCLUDING: 9
(1) ONE BARGAINING UNIT F OR EMPLOYEES WHO ARE NOT 10
SUPERVISORY EMPLOYEE S; AND 11
(2) ONE BARGAINING UNIT F OR SUPERVISORY EMPLO YEES. 12
(B) THIS SUBTITLE MAY NOT BE CONSTRUED TO MODIFY OR TERMINA TE: 13
(1) A BARGAINING UNIT THAT WAS RECOGNIZED OR IN EXISTENCE ON 14
OR BEFORE JUNE 30, 2025; OR 15
(2) A COLLECTIVE BARGAININ G AGREEMENT ENTERED INTO ON OR 16
BEFORE JUNE 30, 2025. 17
23–803. 18
(a) An employee who may effectively recommend an action listed in [§ 23–801(l)] 19
§ 23–801(K) of this subtitle may be deemed a [supervisory] MANAGEMENT employee if 20
the employee’s exercise of the authority requires the exercise of independent judgment and 21
is not merely of a routine or clerical nature. 22
(b) The exercise of any single function listed in [§ 23–801(l)] § 23–801(K) of this 23
subtitle may not necessarily require the conclusion that the individual exercising that 24
function is in fact a [supervisory] MANAGEMENT employee within the meaning of the 25
definition. 26
(c) In differentiating a [supervisory] MANAGEMENT employee from a 27
[nonsupervisory] NONMANAGEMENT employee: 28
(1) A class title alone may not be the basis for determination; and 29
4 SENATE BILL 914
(2) The nature of the [supervisory] MANAGEMENT employee’s work, 1
including whether or not a significant portion of the [supervisory] MANAGEMENT 2
employee’s working time is spent as part of a team that includes [nonsupervisory] 3
NONMANAGEMENT employees shall be considered. 4
23–810. 5
(a) The Board shall submit a term of a collective bargaining agreement or 6
memorandum of understanding entered into under [§§ 23–807 and 23–808] §§ 23–808 7
AND 23–809 of this subtitle to the County Executive with the Board’s recommendation 8
regarding whether the agreement or the mediator’s decision requires an appropriation of 9
additional funds. 10
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 11
1, 2025. 12