EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0976*
SENATE BILL 976
L1, L3, P4 5lr1919
By: Senator Lam
Introduced and read first time: January 28, 2025
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Collective Bargaining – Local Government Employees and Public Employee 2
Relations Act 3
FOR the purpose of establishing collective bargaining rights for public local employees; 4
applying the Maryland Public Employee Relations Act to county and municipal 5
government employers and their employees; providing that a public employee may 6
be deemed a certain management employee for purposes of establishing collective 7
bargaining rights; establishing impasse procedures for collective bargaining between 8
public local employees and their employers that include binding arbitration; 9
authorizing the governing body of a county or municipality to adopt a local law on 10
labor relations; establishing a process by which the governing body of a county or 11
municipality may petition the Public Labor Relations Board for a determination that 12
its local laws comply with State law for certain purposes; requiring public local 13
employers to provide certain documentation to the Board for publishing on the 14
Board’s website; requiring the Board to appoint a deputy director for local 15
government relations; requiring the appropriate deputy director of labor relations to 16
present cases to the Board or the Office of Administrative Hearings if the Board 17
issues a certain complaint; prohibiting a public employee bargaining unit from 18
including both supervisory employees and nonsupervisory employees; providing that 19
certain agreements between a public employer and an exclusive representative may 20
provide for binding arbitration of grievances; and generally relating to collective 21
bargaining rights for public employees in the State. 22
BY adding to 23
Article – Local Government 24
Section 1–2A–01 through 1–2A–07 to be under the new subtitle “Subtitle 2A. Public 25
Local Employee Collective Bargaining” 26
Annotated Code of Maryland 27
(2013 Volume and 2024 Supplement) 28
BY repealing and reenacting, with amendments, 29 2 SENATE BILL 976
Article – State Government 1
Section 22–101, 22–102(a), 22–207(b), 22–209(f), 22–305(a), 22–306, 22–307(f), 2
22–401(c), 22–403, and 22–501 3
Annotated Code of Maryland 4
(2021 Replacement Volume and 2024 Supplement) 5
BY adding to 6
Article – State Government 7
Section 22–104 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2024 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARY LAND, 11
That the Laws of Maryland read as follows: 12
Article – Local Government 13
SUBTITLE 2A. PUBLIC LOCAL EMPLOYEE COLLECTIVE BARGAINING. 14
1–2A–01. 15
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 16
INDICATED. 17
(B) “BOARD” MEANS THE PUBLIC EMPLOYEE RELATIONS BOARD 18
ESTABLISHED UNDER TITLE 22, SUBTITLE 3 OF THE STATE GOVERNMENT ARTICLE. 19
(C) “COLLECTIVE BARGAINING” MEANS: 20
(1) GOOD FAITH NEGOTIATI ONS BY AUTHORIZED RE PRESENTATIVES 21
OF EMPLOYEES AND THE IR EMPLOYER WITH THE INTENTION OF: 22
(I) 1. REACHING AN AGREEMEN T ABOUT WAGES , HOURS, 23
AND OTHER TERMS AND CONDITIONS OF EMPLOY MENT; AND 24
2. INCORPORATING THE TE RMS OF THE AGREEMENT IN 25
A WRITTEN MEMORANDUM OF UNDERSTANDING OR OTHER WRITTEN AGREEMENT ; 26
OR 27
(II) CLARIFYING TERMS AND CONDITIONS OF EMPLOYMENT ; 28
(2) ADMINISTRATION OF TE RMS AND CONDITIONS O F EMPLOYMENT ; 29
OR 30
SENATE BILL 976 3
(3) THE VOLUNTARY ADJUST MENT OF A DISPUTE OR DISAGREEMENT 1
BETWEEN AUTHORIZED R EPRESENTATIVES OF EM PLOYEES AND THEIR EM PLOYER 2
THAT ARISES UNDER A MEMORANDUM OF UNDERS TANDING OR OTHER WRITTEN 3
AGREEMENT . 4
(D) “CONFIDENTIAL EMPLOYEE ” MEANS AN EMPLOYEE WH O IS: 5
(1) REQUIRED TO DEVELOP OR PRESENT MANAGEMEN T POSITIONS 6
WITH RESPECT TO EMPL OYER–EMPLOYEE RELATIONS ; AND 7
(2) WHOSE DUTIES NORMALL Y REQUIRE ACCESS TO CONFIDENTIAL 8
INFORMATION THAT CON TRIBUTES SIGNIFICANT LY TO THE DEVELOPMEN T OF THE 9
MANAGEMENT POSITIONS WITH RESPECT TO EMPL OYER–EMPLOYEE RELATIONS . 10
(E) “EMPLOYEE ORGANIZATION ” HAS THE MEANING STAT ED IN § 22–101 OF 11
THE STATE GOVERNMENT ARTICLE. 12
(F) “EXCLUSIVE REPRE SENTATIVE” HAS THE MEANING STAT ED IN § 22–101 13
OF THE STATE GOVERNMENT ARTICLE. 14
(G) “MANAGEMENT EMPLOYEE ” MEANS AN EMPLOYEE WH O GENERALLY 15
HAS AUTHORITY AND WH O: 16
(1) FORMULATES POLICY TH AT IS APPLICABLE THR OUGHOUT A 17
BARGAINING UNIT ; 18
(2) HAS A SIGNIFICANT ROLE IN PERSONNEL ADMINISTRA TION, 19
EMPLOYEE RELATIONS , OR THE PREPARATION A ND ADMINISTRATION OF BUDGETS 20
FOR THE EMPLOYER ; OR 21
(3) MAY REASONABLY BE RE QUIRED TO: 22
(I) ASSIST DIRECTLY IN T HE PREPARATION FOR A ND CONDUCT 23
OF COLLECTIVE BARGAI NING NEGOTIATIONS ON BE HALF OF THE EMPLOYER ; OR 24
(II) HAVE A MAJOR ROLE IN THE ADMINISTRATION O F 25
RESULTING COLLECTIVE BARGAINING AGREEMENT S. 26
(H) (1) “PUBLIC LOCAL EMPLOYEE ” MEANS AN INDIVIDUAL WHO IS 27
EMPLOYED BY A LOCAL EMPLOYER. 28
(2) “PUBLIC LOCAL EMP LOYEE” DOES NOT INCLUDE : 29
4 SENATE BILL 976
(I) A CONFIDENTIAL EMPLO YEE; OR 1
(II) A MANAGEMENT EMPLOYEE. 2
(I) (1) “PUBLIC LOCAL EMPLOYER ” MEANS A COUNTY OR MU NICIPALITY, 3
INCLUDING A UNIT , A DEPARTMENT , OR AN INSTRUMENTALITY OF A COUNTY OR 4
MUNICIPALITY. 5
(2) “PUBLIC LOCAL EMPLOYER ” DOES NOT INCLUDE : 6
(I) A COUNTY BOARD OF ED UCATION OR THE BALTIMORE CITY 7
BOARD OF SCHOOL COMMISSIONERS ; 8
(II) THE BOARD OF COMMUNI TY COLLEGE TRUSTEES FOR A 9
COMMUNITY COLLEGE , INCLUDING THE BOARD OF TRUSTEES OF BALTIMORE CITY 10
COMMUNITY COLLEGE; OR 11
(III) A PUBLIC LIBRARY SYS TEM OR THE BOARD OF TRUSTEES 12
FOR THE PUBLIC LIBRA RY SYSTEM, INCLUDING THE BALTIMORE COUNTY PUBLIC 13
LIBRARY AND THE BALTIMORE COUNTY PUBLIC LIBRARY BOARD OF TRUSTEES. 14
(J) “SUPERVISORY EMPLOYEE ” MEANS AN EMPLOYEE WHO IS AUTHO RIZED 15
TO: 16
(1) HIRE, TRANSFER, SUSPEND, LAY OFF, RECALL, PROMOTE, 17
DISCHARGE, ASSIGN, REWARD, OR DISCIPLINE EMPLOY EES; 18
(2) RESPONSIBLY DIRECT E MPLOYEES FOR MORE TH AN 50% OF THE 19
EMPLOYEE’S WORKING HOURS ; OR 20
(3) ADDRESS AND RESOLVE THE GRIEVANCES OF EM PLOYEES. 21
1–2A–02. 22
(A) (1) THIS SUBTITLE APPLIES TO EACH PUBLIC LOCAL EMPLOYER, 23
PUBLIC LOCAL EMPLOYEE, AND EXCLUSIVE REPRES ENTATIVE OF PUBLIC LOCAL 24
EMPLOYEES. 25
(2) PUBLIC LOCAL EMPLOYEES MAY F ORM, JOIN, AND PARTICIPATE 26
IN THE ACTIVITIES OF EMPLOYEE ORGANIZATIO NS OF THEIR OWN CHOI CE FOR THE 27
PURPOSE OF BEING REP RESENTED IN ALL MATT ERS THAT RELATE TO S ALARIES, 28
WAGES, HOURS, AND OTHER WORKING CO NDITIONS. 29
SENATE BILL 976 5
(3) PUBLIC LOCAL EMPLOYEES, PUBLIC LOCAL EMPLOYERS , AND 1
EXCLUSIVE REPRESENTA TIVES ARE SUBJECT TO THE PROVISIONS OF TITLE 22 OF 2
THE STATE GOVERNMENT ARTICLE. 3
(B) (1) THIS SECTION MAY NOT BE CONSTRUED TO MODI FY OR 4
TERMINATE: 5
(I) A BARGAINING UNIT TH AT WAS RECOGNIZED OR IN 6
EXISTENCE ON OR BEFO RE JUNE 30, 2025; OR 7
(II) A COLLECTIVE BARGAIN ING AGREEMENT ENTERE D INTO ON 8
OR BEFORE JUNE 30, 2025. 9
(2) (I) A BARGAINING UNIT FOR PUBLIC LOCAL EMPLOYE ES MAY 10
NOT CONSIST OF BOTH SUPERVISORY EMPLOYEE S AND NON SUPERVISORY 11
EMPLOYEES. 12
(II) IF AN EMPLOYEE ORGANI ZATION HAS BEEN CERT IFIED 13
UNDER STATE OR LOCAL LAW ON OR BEFORE JUNE 30, 2025, TO BE AN EXCLUSIVE 14
REPRESENTATIVE OF PUBLIC LOCAL EMPLOYEES, THE APPLICABLE PUBLIC LOCAL 15
EMPLOYER SHALL ACCRETE ALL ELIGIBLE POSITIONS INTO THE EXISTING 16
BARGAINING UNIT IN A CCORDANCE WITH THIS SECTION ON REQUEST O F THE 17
EXCLUSIVE REPRESENTA TIVE. 18
(III) AN ACCRETION UNDER TH IS SUBSECTION IS SUBJECT TO A 19
SHOWING OF INTEREST AND ELECTION BY PUBLIC LOCAL EMPLOYEES IN THE 20
ACCRETED POSITIONS IN ACCORDANCE WITH T HE PROCEDURES UNDER § 22–603 OF 21
THE STATE GOVERNMENT ARTICLE. 22
1–2A–03. 23
(A) A PUBLIC LOCAL EMPLOYEE WHO MAY EFF ECTIVELY RECOMMEND A N 24
ACTION LISTED IN § 1–2A–01(G) OF THIS SUBTITLE MAY BE DEEMED A MANA GEMENT 25
EMPLOYEE IF THE PUBLIC LOCAL EMPLOYEE’S EXERCISE OF THE AU THORITY 26
REQUIRES THE EXERCIS E OF INDEPENDENT JUD GMENT AND IS NOT MER ELY OF A 27
ROUTINE OR CLERICAL NATURE. 28
(B) THE EXERCISE OF ANY S INGLE FUNCTION LISTE D IN § 1–2A–01(G) OF 29
THIS SUBTITLE MAY NOT NECESSARILY REQUIRE THE CONCLUSION THA T THE 30
INDIVIDUAL EXERCISIN G THAT FUNCTION IS I N FACT A MANAGEMENT EMPLOYEE 31
WITHIN THE DEFINITIO N. 32
6 SENATE BILL 976
(C) IN DIFFERENTIATING A MANAGEMENT EMPLOYEE FROM A 1
NONMANAGEMENT EMPLOY EE: 2
(1) A CLASS TITLE ALONE MA Y NOT BE THE BASIS F OR 3
DETERMIN ATION; AND 4
(2) THE NATURE OF THE MANAGE MENT EMPLOYEE ’S WORK, 5
INCLUDING WHETHER A SIGNIFICANT PORTION OF THE MANAGEMENT EM PLOYEE’S 6
WORKING TIME IS SPEN T AS PART OF A TEAM THAT INCLUDES NONMAN AGEMENT 7
EMPLOYEES, SHALL BE CONSIDERED . 8
1–2A–04. 9
(A) IF, ON THE REQUEST OF EITHE R PARTY, THE BOARD DETERMINES THAT 10
AN IMPASSE IS REACHE D IN NEGOTIATIONS BE TWEEN A PUBLIC LOCAL EMPLOYER 11
AND AN EXCLUSIVE REP RESENTATIVE , WITHIN 10 DAYS AFTER THE DETER MINATION 12
IS MADE, THE BOARD SHALL: 13
(1) SUBJECT TO SUBSECTION (B) OF THIS SECTION , REQUEST LAST 14
AND BEST OFFERS FROM THE PUBLIC LOCAL EMPLOYER AND EXCLUSI VE 15
REPRESENTATIVE ; AND 16
(2) ORDER THE PUBLIC LOCAL EMPLOYER AND EMPLOYE E 17
ORGANIZATION TO COMM ENCE ARBITRATION WIT HIN 14 DAYS AFTER THE BOARD’S 18
DETERMINATION THAT A N IMPASSE HAS BEEN REA CHED. 19
(B) THE LAST AND BEST OFF ERS SUBMITTED UNDER SUBSECTION (A)(1) OF 20
THIS SECTION: 21
(1) SHALL LIST SEPARATEL Y: 22
(I) EVERY TERM OR CONDIT ION OF EMPLOYMENT IN DISPUTE; 23
AND 24
(II) THE DEMANDS OF THE P ARTY MAKING THE LAST AND BEST 25
OFFER; AND 26
(2) MAY NOT CONTAIN ITEM S OR TOPICS NOT PREV IOUSLY RAISED IN 27
THE BARGAINING PROCE SS. 28
(C) WITHIN 5 DAYS AFTER AN ORDER TO ARBITRATE , THE PARTIES SHALL 29
SELECT AN ARBITRATOR BY: 30
SENATE BILL 976 7
(1) AGREEMENT ; OR 1
(2) ALTERNATELY STRIKING FROM A LIST OF SEVEN NEUTRAL 2
PARTIES PROVIDED BY : 3
(I) THE FEDERAL MEDIATION AND CONCILIATION SERVICE; 4
OR 5
(II) THE AMERICAN ARBITRATION ASSOCIATION. 6
(D) THE ARBITRATOR SHALL CONCLUDE THE ARBITRA TION WITHIN 30 DAYS 7
AFTER CONVENING THE FIRST ARBITRATION SE SSION. 8
(E) (1) SUBJECT TO SUBSECTION (F) OF THIS SECTION , IF THE PUBLIC 9
EMPLOYER AND THE EXC LUSIVE REPRESENTATIV E DO NOT REACH AGREE MENT 10
BEFORE CONCLUDING TH E ARBITRATION , THE ARBITRATOR SHALL ISSUE A FINAL 11
WRITTEN AWARD THAT S HALL BE BINDING ON B OTH PARTIES. 12
(2) THE ARBITRATOR SHALL ISSUE A STATEMENT OF REASONS FOR 13
THE FINAL WRITTEN AW ARD. 14
(F) THE ARBITRATOR ’S AWARD SHALL CONSID ER: 15
(1) THE WAGES, HOURS, WORKING CONDITIONS , OR OTHER TERMS 16
AND CONDITIONS OF EM PLOYMENT OF SIMILAR EMPLOYEES IN : 17
(I) SURROUNDING JURISDIC TIONS; AND 18
(II) COMPARABLE JURISDICT IONS OUTSIDE THE STATE; AND 19
(2) THE ABILITY OF THE P UBLIC LOCAL EMPLOYER AND ANY FUN DING 20
BODY OF THE LOCAL GO VERNMENT TO PAY , INCLUDING: 21
(I) THEIR EXISTING RESOURCES ; AND 22
(II) THE COSTS OF THE AWA RD. 23
(G) THE PUBLIC LOCAL EMPLOYER AND EXCLUSI VE REPRESENTATIVE 24
SHALL SHARE THE COST S OF THE HEARING EQU ALLY. 25
(H) EACH NEGOTIATED PROVI SION OR AWARD IS SUB JECT TO ANY OTHER 26
PROVISIONS OF THIS A RTICLE CONCERNING TH E FISCAL RELATIONSHI P BETWEEN 27
THE PUBLIC EMPLOYER AND A FUNDIN G BODY OF THE LOCAL GOVERNMENT . 28 8 SENATE BILL 976
1–2A–05. 1
(A) SUBJECT TO THE LIMITA TIONS OF THIS SUBTIT LE AND TITLE 22 OF THE 2
STATE GOVERNMENT ARTICLE, THE GOVERNING BODY O F A COUNTY OR 3
MUNICIPALITY MAY ADO PT A LOCAL LAW REGARDING LABOR RELATIONS OF PUBLIC 4
LOCAL EMPLOYEES . 5
(B) A LOCAL LAW ADOPTED UN DER THIS SECTION MAY NOT RESTRICT OR 6
WEAKEN THE RIGHTS PR OVIDED TO PUBLIC LOCAL EMPLOYEES AND EMPLOY EE 7
ORGANIZATIONS UNDER THIS SUBTITLE AND TITLE 22 OF THE STATE GOVERNMENT 8
ARTICLE. 9
1–2A–06. 10
EACH PUBLIC LOCAL EMPLOYE R SHALL SUBMIT TO THE BOARD A COPY OF 11
EACH CONTRACT, MEMORANDUM OF UNDERS TANDING, OR SIMILAR WRITTEN 12
AGREEMENT ENTERED INTO WITH THE EMPLOYEE REPRESENTAT IVES PROVIDING 13
LABOR RELATION SERVI CES. 14
1–2A–07. 15
(A) IN THIS SECTION , “EXEMPT LOCAL GOVERNMENT ” MEANS THE 16
GOVERNING BODY OF A COUNTY OR MUNICIPALI TY THAT HAS A PETITION UNDER 17
SUBSECTION (B) OF THIS SECTION GRANTED. 18
(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION, THE GOVERNING BODY 19
OF A COUNTY OR MUNIC IPALITY MAY PETITION THE BOARD FOR A DETERMINA TION 20
THAT ITS LOCAL LAWS COMPLY WITH THIS TIT LE AND TITLE 22 OF THE STATE 21
GOVERNMENT ARTICLE. 22
(C) (1) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, THE 23
BOARD SHALL: 24
(I) DETERMINE WHETHER TH E PETITIONING C OUNTY’S OR 25
MUNICIPALITY’S LAWS COMPLY WITH THIS TIT LE; AND 26
(II) CONSIDER WHETHER GRA NTING THE PETITION W OULD 27
BEST EFFECTUATE THE PURPOSES OF THIS TITLE AND TITLE 22 OF THE STATE 28
GOVERNMENT ARTICLE. 29
SENATE BILL 976 9
(2) THE BOARD SHALL ALLOW I NTERESTED EMPLOYEE 1
ORGANIZATIONS TO PARTICI PATE IN THE CONSIDERATION OF A PETITION UNDER 2
THIS SUBSECTION IN A MANNER DETERMIN ED BY THE BOARD. 3
(D) (1) IF THE BOARD GRANTS A PETITI ON UNDER SUBSECTION (B) OF 4
THIS SECTION, THE EXEMPT LOCAL GOVERNMENT SHALL : 5
(I) EXCEPT AS PROVIDED I N PARAGRAPH (2)(II) OF THIS 6
SUBSECTION, BE EXEMPT FROM THE REQUIREMENTS OF §§ 22–205(A), 22–403, AND 7
22–502 OF THE STATE GOVERNMENT ARTICLE; AND 8
(II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, ADOPT 9
A LOCAL LAW GOVERNING: 10
1. THE COMPOSITION OF B ARGAINING UNITS ; AND 11
2. THE CALENDAR TIMELINE FOR COLLECTIVE 12
BARGAINING, INCLUDING IMPASSE PR OCEDURES. 13
(2) (I) A LOCAL LAW ADOPTED BY AN EXEMPT LOCAL 14
GOVERNMENT THAT PROVIDES FOR TH E COMPOSITION OF BAR GAINING UNITS MAY 15
NOT EXCLU DE PUBLIC LOCAL EMPL OYEES FROM A BARGAINING UNIT OTHE R THAN 16
AS ALLOWED UNDER THI S SUBTITLE AND TITLE 22 OF THE STATE GOVERNMENT 17
ARTICLE. 18
(II) A LOCAL LAW ADOPTED BY AN EXEMPT LOCAL 19
GOVERNMENT SHALL ESTABLISH IMPASSE PR OCEDURES FOR EACH BARGAINING 20
UNIT AUTHORIZED UNDE R THE LOCAL LAW THAT: 21
1. ALLOW PUBLIC LOCAL E MPLOYEES OF THE EXEM PT 22
LOCAL GOVERNMENT TO STRIKE ON THE DECLARATION O F AN IMPASSE BY EITH ER 23
PARTY; OR 24
2. A. ALLOW THE PARTIES TO APPOINT A NEUTRAL 25
ARBITRATOR WHO ISSUE S A FINAL BINDING DECISION THA T IS TO BE IMPLEMENTED 26
AS A PART OF THE IMMEDIATELY FOLLOWING FISCAL YEAR’S BUDGET PROCESS ; AND 27
B. CONSIDER THE FACTORS ESTABLISHED UNDER § 28
1–2A–04(B)(6) OF THIS SUBTITLE WHEN MAKING THE F INAL BINDING DECISION . 29
(E) THE BOARD SHALL RETAIN JU RISDICTION OVER QUES TIONS OF 30
CERTIFICATIONS AS EXCLUSIVE REPRESE NTATIVES AND UNFAIR LABOR PRA CTICES 31
FOR EXEMPT LOCAL GOVERNMENTS , PUBLIC LOCAL EMPLOYEES, AND EMPLOYEE 32 10 SENATE BILL 976
ORGANIZATIONS AS PROVIDED UNDER TH IS SUBTITLE AND TITLE 22 OF THE STATE 1
GOVERNMENT ARTICLE. 2
(F) TO THE EXTENT AUTHORI ZED UNDER AN APPLICABLE LAW IN EFFECT 3
ON OR BEFORE JUNE 30, 2025, AN EMPLOYEE MAY NOT BE DETERMINED TO BE A 4
PUBLIC LOCAL EMPLOYEE UNDER THIS SUBTITLE OR A PUBLIC EMPLOYEE UN DER 5
TITLE 22 OF THE STATE GOVERNMENT ARTICLE SOLELY ON THE BASIS OF BEING 6
CONSIDERED A SUPERVISORY EMPLOY EE UNDER THE APPLICABLE LAW. 7
Article – State Government 8
22–101. 9
(a) In this title the following words have the meanings indicated. 10
(b) “Board” means the Public Employee Relations Board. 11
(c) “CONFIDENTIAL EMPLOYEE ” MEANS AN INDIVIDUAL : 12
(1) WHO IS REQUIRED TO D EVELOP OR PRESENT MA NAGEMENT 13
POSITIONS WITH RESPE CT TO EMPLOYER –EMPLOYEE RELATIONS ; AND 14
(2) WHOSE DUTIES RE QUIRE ACCESS TO CONF IDENTIAL 15
INFORMATION THAT CON TRIBUTES SIGNIFICANT LY TO THE DEVELOPMEN T OF THE 16
MANAGEMENT POSITIONS WITH RESPECT TO EMPL OYER–EMPLOYEE RELATIONS . 17
(D) Unless specifically provided otherwise, “day” means a calendar day. 18
[(d)] (E) “Employee organization” means a labor organization in which public 19
employees participate and that has as one of its primary purposes representing public 20
employees. 21
[(e)] (F) “Exclusive representative” means an employee organization that has 22
been certified by the Board as an exclusive representative under Subtitle 4 of this title. 23
[(f)] (G) “Interested employee organization” means: 24
(1) an employee organization already representing employees in a 25
bargaining unit; or 26
(2) a petitioner who has met the showing of interest requirement under § 27
22–402 of this title. 28
[(g)] (H) “Lockout” means action taken by a public employer to: 29
SENATE BILL 976 11
(1) interrupt or prevent the continuity of the employees’ usual work for the 1
purpose and with the intent of coercing the employees into relinquishing rights guaranteed 2
by this title; or 3
(2) bring economic pressure on employees for the purpose of securing the 4
agreement of their executive representative to collective bargaining agreement terms. 5
(I) “MANAGEMENT EMPLOYEE ” MEANS AN EMPLOYEE WHO GENERAL LY 6
HAS AUTHORITY AND WH O: 7
(1) FORMULATES POLICY TH AT IS APPLICABLE THR OUGHOUT A 8
BARGAINING UNIT ; 9
(2) HAS A SIGNIFICANT RO LE IN PERSONNEL ADMI NISTRATION, 10
EMPLOYEE RELATIONS , OR THE PREPARATION A ND ADMINISTRATION OF BUDGETS 11
FOR THE EMPLOYER; OR 12
(3) MAY REASONABLY BE RE QUIRED TO: 13
(I) ASSIST DIRECTLY IN T HE PREPARATION FOR A ND CONDUCT 14
OF COLLECTIVE BARGAI NING NEGOTIATIONS ON BEHALF OF THE EMPLOY ER; OR 15
(II) HAVE A MA JOR ROLE IN THE ADMI NISTRATION OF 16
RESULTING COLLECTIVE BARGAINING AGREEMENTS . 17
[(h)] (J) (1) “Public employee” means an individual who holds a position by 18
appointment or employment in the service of a public employer with collective bargaining 19
rights under: 20
(I) Title 3 of the State Personnel and Pensions Article [or]; 21
(II) TITLE 1, SUBTITLE 2A OF THE LOCAL GOVERNMENT 22
ARTICLE; 23
(III) Title 6, Subtitle 4 or 5 [or] OF THE EDUCATION ARTICLE; OR 24
(IV) Title 16, Subtitle 7 of the Education Article. 25
(2) “PUBLIC EMPLOYEE ” DOES NOT INCLUDE : 26
(I) A CONFIDENTIAL EMPLOYE E; OR 27
(II) A MANAGEMENT EMPLOYEE . 28
12 SENATE BILL 976
[(i)] (K) “Public employer” means: 1
(1) the State, including any unit, department, or instrumentality of the 2
State; 3
(2) A PUBLIC LOCAL EMPLOYE R, AS DEFINED IN § 1–2A–01 OF THE 4
LOCAL GOVERNMENT ARTICLE; 5
(3) a community college listed under § 16–702(b) of the Education Article; 6
and 7
[(3)] (4) a county board of education or the Baltimore City Board of School 8
Commissioners. 9
(L) “PUBLIC LOCAL EMPLOYEE ” HAS THE MEANING STAT ED IN § 1–2A–01 10
OF THE LOCAL GOVERNMENT ARTICLE. 11
[(j)] (M) (1) “Showing of interest form” means a written statement from a 12
public employee who wishes to be represented by a petitioning employee organization for 13
the purpose of collective bargaining. 14
(2) “Showing of interest form” includes: 15
(i) a union authorization card; or 16
(ii) a union membership card. 17
[(k)] (N) (1) “Strike” means any concerted action to impede the full and 18
proper performance of employment duties in order to induce, influence, coerce, or enforce 19
demands for a change in wages, hours, terms, or other conditions of employment. 20
(2) “Strike” includes a total or partial: 21
(i) refusal or failure to report to work; 22
(ii) refusal or failure to perform employment duties; 23
(iii) withdrawal from work; 24
(iv) work stoppage; or 25
(v) work slowdown. 26
(O) “SUPERVISORY EMPLOYEE ” MEANS AN EMPLOYEE WH O IS AUTHORIZED 27
TO: 28
SENATE BILL 976 13
(1) HIRE, TRANSFER, SUSPEND, LAY OFF, RECALL, PROMOTE, 1
DISCHARGE, ASSIGN, REWARD, OR DISCIPLINE EMPLOY EES; 2
(2) RESPONSIBLY DIRECT E MPLOYEES FOR MORE TH AN 50% OF THE 3
EMPLOYEE’S WORKING HOURS ; OR 4
(3) ADDRESS AND RESOLVE THE GRIEVANCES OF EM PLOYEES. 5
22–102. 6
(a) It is the intent of the General Assembly that it is the public policy of the State 7
to encourage and protect: 8
(1) the exercise by public sector employees of the full freedom of 9
association, self–organization, and designation of representatives of their own choosing, for 10
the purpose of negotiating the terms and conditions of their employment or other mutual 11
aid or protection; AND 12
(2) THE RIGHTS DESCRIBED IN ITEM (1) OF THIS SUBSECTION F OR 13
EMPLOYEES OF THE COU NTIES, MUNICIPALITIES , AND UNITS AND 14
INSTRUMENTALITIES OF STATE AND LOCAL GOVER NMENTS EXCLUDED FROM THE 15
APPLICATION OF THE FEDERAL NATIONAL LABOR RELATIONS ACT. 16
22–104. 17
(A) AN EMPLOYEE WHO MAY E FFECTIVELY RECOMMEND ANY ACTION 18
LISTED IN § 22–101(I) OF THIS SUBTITLE MAY BE DEEMED A MANAGEMENT 19
EMPLOYEE IF THE EMPL OYEE’S EXERCISE OF THE AU THORITY REQUIRES THE 20
EXERCISE OF INDEPEND ENT JUDGMENT AND IS NOT MERELY OF A R OUTINE OR 21
CLERICAL NATURE . 22
(B) THE EXERCISE OF ANY S INGLE FUNCTION LISTE D IN § 22–101(I) OF THIS 23
SUBTITLE MAY NOT NECESS ARILY REQUIRE THE CO NCLUSION THAT THE 24
INDIVIDUAL EXERCISIN G THAT FUNCTION IS A MANAGEMENT EMPLOYEE WITHIN 25
THE DEFINITION. 26
(C) IN DIFFERENTIATING A MANAGEMENT EMPLOYEE FROM A 27
NONMANAGEMENT EMPLOY EE: 28
(1) A CLASS TITLE ALONE MA Y NOT BE THE BASIS F OR 29
DETERMINATION ; AND 30
(2) THE NATURE OF THE MANAGE MENT EMPLOYEE ’S WORK, 31
INCLUDING WHETHER A SIGNIFICANT PORTION OF THE MANAGEMENT EMPLOYEE ’S 32 14 SENATE BILL 976
WORKING TIME IS SPEN T AS PART OF A TEAM THAT INCLUDES NONMAN AGEMENT 1
EMPLOYEES, SHALL BE CONSIDERED . 2
22–207. 3
(b) (1) Public employers shall allow an exclusive representative to: 4
(i) meet with a new employee in a bargaining unit represented by 5
the exclusive representative within the first full pay period of the new employee’s start 6
date; or 7
(ii) attend and participate in a new employee program that includes 8
one or more employees who are in a bargaining unit represented by the exclusive 9
representative. 10
(2) The new employee program described in paragraph (1)(ii) of this 11
subsection may be a new employee orientation, training, or other program that the public 12
employer and an exclusive representative negotiate in accordance with: 13
(I) Title 6, Subtitle 4 or 5 of the Education Article[,]; 14
(II) Title 16, Subtitle 7 of the Education Article[, or]; 15
(III) Title 3 of the State Personnel and Pensions Article; 16
(IV) TITLE 1, SUBTITLE 2A OF THE LOCAL GOVERNMENT 17
ARTICLE; OR 18
(V) A LOCAL LAW THE BOARD APPROVES IN A P ETITION FILED 19
IN ACCORDANCE WITH § 1–2A–07 OF THE LOCAL GOVERNMENT ARTICLE. 20
(3) Except as provided in paragraph (5) of this subsection, the exclusive 21
representative shall be allowed at least 30 minutes to meet with the new employee or to 22
collectively address all new employees in attendance during a new employee program. 23
(4) (i) Except as provided in subparagraph (ii) of this paragraph, a 24
meeting between the new employee and the exclusive representative shall be in person. 25
(ii) An exclusive representative may choose to meet with a new 26
employee by video or similar technology if public health concerns necessitate that a meeting 27
be conducted remotely. 28
(5) A public employer and an exclusive representative may negotiate a 29
period of time that is more than 30 minutes in accordance with: 30
(I) Title 6, Subtitle 4 or 5 of the Education Article[,]; 31 SENATE BILL 976 15
(II) Title 16, Subtitle 7 of the Education Article[, or]; 1
(III) Title 3 of the State Personnel and Pensions Article; 2
(IV) TITLE 1, SUBTITLE 2A OF THE LOCAL GOVERNMENT 3
ARTICLE; OR 4
(V) A LOCAL LAW THE BOARD APPROVES IN A P ETITION FILED 5
IN ACCORDANCE WITH § 1–2A–07 OF THE LOCAL GOVERNMENT ARTICLE. 6
(6) A public employer: 7
(i) shall encourage an employee to meet with the exclusive 8
representative or attend the portion of a new employee program designated for an exclusive 9
representative to address new employees; and 10
(ii) may not require an employee to meet with an exclusive 11
representative or attend the portion of a new employee program designated for an exclusive 12
representative to address new employees if the employee objects to attending. 13
22–209. 14
(f) If an authorization for a public employer to make membership dues deduction 15
was in effect on June 30, 2023, OR, FOR A PUBLIC LOCAL EMPLOYE R, JUNE 30, 2025: 16
(1) the right of the employee organization to membership dues deduction 17
shall continue unless the right is terminated under subsection (d) of this section; and 18
(2) the employee organization may not be required to present new 19
authorization under subsection (a) of this section. 20
22–305. 21
(a) The Board shall appoint: 22
(1) a deputy director primarily responsible for Executive Branch labor 23
relations; 24
(2) a deputy director primarily responsible for public school labor relations; 25
[and] 26
(3) a deputy director primarily responsible for public higher education 27
labor relations; AND 28
16 SENATE BILL 976
(4) A DEPUTY DIRECTOR PR IMARILY RESPONSIBLE FOR LOCAL 1
GOVERNMENT LABOR RELATIONS. 2
22–306. 3
(a) The Board is responsible for administering and enforcing provisions of: 4
(1) this title; 5
(2) Title 6, Subtitles 4 and 5 of the Education Article; 6
(3) Title 16, Subtitle 7 of the Education Article; [and] 7
(4) Title 3 of the State Personnel and Pensions Article; AND 8
(5) TITLE 1, SUBTITLE 2A OF THE LOCAL GOVERNMENT ARTICLE. 9
(b) In addition to any other powers or duties provided for elsewhere in this title, 10
Title 6, Subtitle 4 or 5 of the Education Article, Title 16, Subtitle 7 of the Education Article, 11
[and], Title 3 of the State Personnel and Pensions Article, AND TITLE 1, SUBTITLE 2A 12
OF THE LOCAL GOVERNMENT ARTICLE, the Board may: 13
(1) establish procedures for, supervise the conduct of, and resolve disputes 14
about elections for exclusive representatives; 15
(2) establish procedures for and resolve disputes about petitions for 16
bargaining unit clarification; 17
(3) establish procedures for and resolve disputes about petitions and 18
elections for decertification of an exclusive representative; 19
(4) investigate and take appropriate action in response to charges of unfair 20
labor practices, including strikes and lockouts; 21
(5) establish procedures for and resolve disputes about the negotiability of 22
bargaining subjects; 23
(6) on application by an employee organization or public employer, 24
determine that the applicant shall be designated as a joint public employer of public 25
employees in an employer–employee bargaining unit determined in accordance with 26
Subtitle 4 of this title when such determination would best effectuate the purposes of this 27
subtitle; and 28
(7) resolve matters as provided in §§ 6–406, 6–507, and 16–707 of the 29
Education Article. 30
SENATE BILL 976 17
(c) The Board shall have broad discretion to take and order remedial actions 1
when it finds that a party has committed an unfair labor practice, including the restoration 2
of any right, pay, status, or benefit lost by a public employee or group of public employees, 3
due to violations of this title. 4
(d) To enforce the provisions of this subtitle, the Board may: 5
(1) issue subpoenas; and 6
(2) administer oaths and affirmations, examine witnesses, and receive 7
evidence. 8
(e) (1) Except as provided in paragraph (2) of this subsection, the Board shall 9
adopt and enforce regulations, guidelines, and policies to carry out this title. 10
(2) The Board may not adopt any regulation, guideline, or policy that: 11
(i) unnecessarily delays the resolution of disputes over elections, 12
unfair labor practices, or any other matter under this title; or 13
(ii) restricts or weakens the protections provided to public employees 14
and employee organizations under this title or under regulations. 15
(F) THE BOARD ANNUALLY SHALL PUBLISH THE DOCUMENTS REQUIR ED 16
UNDER § 1–2A–06 OF THE LOCAL GOVERNMENT ARTICLE ON THE BOARD’S 17
WEBSITE. 18
22–307. 19
(f) [The] IF THE BOARD ISSUES A COMPLA INT UNDER THIS SECTION, THE 20
appropriate deputy director shall [provide relevant information gathered in the 21
investigation of a charge of unfair labor practices] PRESENT THE CASE to the Board OR 22
THE OFFICE OF ADMINISTRATIVE HEARINGS. 23
22–401. 24
(c) (1) An exclusive representative or a bargaining unit in existence on June 25
30, 2023, OR, FOR A BARGAINING UNI T FOR PUBLIC LOCAL E MPLOYEES, IN 26
EXISTENCE ON JUNE 30, 2025: 27
(i) shall continue without the requirement of an election and 28
certification until a question concerning representation is raised under this title; or 29
(ii) until the Board finds the unit not to be appropriate after 30
challenge by the public employer, a member of the unit, or an employee organization. 31
18 SENATE BILL 976
(2) (i) The appropriateness of the unit may not be challenged until the 1
expiration of any collective bargaining agreement in effect on: 2
1. June 30, 2023; OR 3
2. FOR PUBLIC LOCAL EMP LOYEES, JUNE 30, 2025. 4
(ii) The Board may not modify any bargaining unit determined 5
under existing law. 6
22–403. 7
(a) (1) Except as otherwise provided in this title, Title 6, Subtitle 4 or 5 of the 8
Education Article, Title 16, Subtitle 7 of the Education Article, [or] Title 3 of the State 9
Personnel and Pensions Article, TITLE 1, SUBTITLE 2A OF THE LOCAL GOVERNMENT 10
ARTICLE, OR A LOCAL LAW THE BOARD APPROVES IN A P ETITION FILED IN 11
ACCORDANCE WITH § 1–2A–07 OF THE LOCAL GOVERNMENT ARTICLE, the Board 12
shall determine the appropriateness of each bargaining unit. 13
(2) If there is no dispute about the appropriateness of the establishment of 14
the bargaining unit, the Board shall issue an order defining an appropriate bargaining unit. 15
(3) If there is a dispute about the appropriateness of the establishment of 16
the bargaining unit, the Board shall: 17
(i) conduct a hearing; and 18
(ii) issue an order defining an appropriate bargaining unit. 19
(b) If the appropriate bargaining unit as determined by the Board differs from the 20
bargaining unit described in the petition, the Board may: 21
(1) dismiss the petition; or 22
(2) direct an election in the appropriate bargaining unit if at least 30% of 23
the signatures included in the petition are of employees in the appropriate bargaining unit. 24
(c) A bargaining unit: 25
(1) may consist only of public employees; AND 26
(2) MAY NOT INCLUDE BOTH NONSUPERVISORY EMPLOYEES AND 27
SUPERVISORY EMPLOYEE S. 28
22–501. 29
SENATE BILL 976 19
(A) Representatives of public employers and exclusive representatives shall meet 1
at reasonable times and engage in collective bargaining in good faith and to conclude a 2
written memorandum of understanding or other negotiated agreement in accordance with 3
Title 6, Subtitle 4 or 5 of the Education Article, Title 16, Subtitle 7 of the Education Article, 4
[or] Title 3 of the State Personnel and Pensions Article, TITLE 1, SUBTITLE 2A OF THE 5
LOCAL GOVERNMENT ARTICLE, OR A LOCAL LAW THE BOARD APPROVES IN A 6
PETITION FILED IN AC CORDANCE WITH § 1–2A–07 OF THE LOCAL GOVERNMENT 7
ARTICLE. 8
(B) A MEMORANDUM OF UNDERS TANDING OR OTHER NEGOTIATED 9
AGREEMENT ENTERED INTO IN ACCORDANCE WITH S UBSECTION (A) OF THIS 10
SECTION MAY PROVIDE FOR BINDING ARBITRATION OF GRIEVANCES ARISING 11
UNDER THE AGREEMENT THAT THE PARTIES HAV E AGREED TO BE SUBJE CT TO 12
ARBITRATION. 13
SECTION 2. AND BE IT FURTHER ENACTED, That: 14
(a) In this section, “local government” means Anne Arundel County, Baltimore 15
City, Baltimore County, Harford County, Howard County, Montgomery County, Prince 16
George’s County, the City of Annapolis, the City of Bowie, the City of Cumberland, the City 17
of College Park, the City of Hagerstown, the City of Rockville, the City of Salisbury, and 18
the City of Takoma Park. 19
(b) It is the intent of the General Assembly that a delay in the implementation of 20
Section 1 of this Act for a local government shall ensure the harmonious continuation of 21
existing collective bargaining relationships without interruption and allow local 22
governments with existing collective bargaining legislation to resolve a petition filed under 23
§ 1–2A–07 of the Local Government Article, as enacted by Section 1 of this Act, and may 24
not be used to plan for or engage in activities that would discourage or otherwise coerce 25
employees seeking to hold an election. 26
(c) (1) (i) Except as provided in subparagraph (ii) of this paragraph, 27
Section 1 of this Act does not apply to a local government before July 1, 2026. 28
(ii) Beginning on the effective date of this Act, a local government 29
may file a petition with the Public Employee Relations Board in accordance with § 30
1–2A–07 of the Local Government Article, as enacted by Section 1 of this Act. 31
(2) Section 1 of this Act shall apply to a local government on or after July 32
1, 2026. 33
SECTION 3. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 34
the application of any provision of this Act to any person or circumstance is held invalid for 35
any reason in a court of competent jurisdiction, the invalidity does not affect other 36
provisions or any other application of this Act that can be given effect without the invalid 37 20 SENATE BILL 976
provision or application, and for this purpose the provisions of this Act are declared 1
severable. 2
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 3
1, 2025. 4