Maryland 2025 Regular Session

Maryland Senate Bill SB976 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0976
6	6
7	7	SENATE BILL 976
8	8	L1, L3, P4 5lr1919
9	9
10	10	By: Senator Lam
11	11	Introduced and read first time: January 28, 2025
12	12	Assigned to: Finance
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Collective Bargaining – Local Government Employees and Public Employee 2
19	19	Relations Act 3
20	20
21	21	FOR the purpose of establishing collective bargaining rights for public local employees; 4
22	22	applying the Maryland Public Employee Relations Act to county and municipal 5
23	23	government employers and their employees; providing that a public employee may 6
24	24	be deemed a certain management employee for purposes of establishing collective 7
25	25	bargaining rights; establishing impasse procedures for collective bargaining between 8
26	26	public local employees and their employers that include binding arbitration; 9
27	27	authorizing the governing body of a county or municipality to adopt a local law on 10
28	28	labor relations; establishing a process by which the governing body of a county or 11
29	29	municipality may petition the Public Labor Relations Board for a determination that 12
30	30	its local laws comply with State law for certain purposes; requiring public local 13
31	31	employers to provide certain documentation to the Board for publishing on the 14
32	32	Board’s website; requiring the Board to appoint a deputy director for local 15
33	33	government relations; requiring the appropriate deputy director of labor relations to 16
34	34	present cases to the Board or the Office of Administrative Hearings if the Board 17
35	35	issues a certain complaint; prohibiting a public employee bargaining unit from 18
36	36	including both supervisory employees and nonsupervisory employees; providing that 19
37	37	certain agreements between a public employer and an exclusive representative may 20
38	38	provide for binding arbitration of grievances; and generally relating to collective 21
39	39	bargaining rights for public employees in the State. 22
40	40
41	41	BY adding to 23
42	42	Article – Local Government 24
43	43	Section 1–2A–01 through 1–2A–07 to be under the new subtitle “Subtitle 2A. Public 25
44	44	Local Employee Collective Bargaining” 26
45	45	Annotated Code of Maryland 27
46	46	(2013 Volume and 2024 Supplement) 28
47	47
48	48	BY repealing and reenacting, with amendments, 29 2 SENATE BILL 976
49	49
50	50
51	51	Article – State Government 1
52	52	Section 22–101, 22–102(a), 22–207(b), 22–209(f), 22–305(a), 22–306, 22–307(f), 2
53	53	22–401(c), 22–403, and 22–501 3
54	54	Annotated Code of Maryland 4
55	55	(2021 Replacement Volume and 2024 Supplement) 5
56	56
57	57	BY adding to 6
58	58	Article – State Government 7
59	59	Section 22–104 8
60	60	Annotated Code of Maryland 9
61	61	(2021 Replacement Volume and 2024 Supplement) 10
62	62
63	63	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARY LAND, 11
64	64	That the Laws of Maryland read as follows: 12
65	65
66	66	Article – Local Government 13
67	67
68	68	SUBTITLE 2A. PUBLIC LOCAL EMPLOYEE COLLECTIVE BARGAINING. 14
69	69
70	70	1–2A–01. 15
71	71
72	72	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 16
73	73	INDICATED. 17
74	74
75	75	(B) “BOARD” MEANS THE PUBLIC EMPLOYEE RELATIONS BOARD 18
76	76	ESTABLISHED UNDER TITLE 22, SUBTITLE 3 OF THE STATE GOVERNMENT ARTICLE. 19
77	77
78	78	(C) “COLLECTIVE BARGAINING” MEANS: 20
79	79
80	80	(1) GOOD FAITH NEGOTIATI ONS BY AUTHORIZED RE PRESENTATIVES 21
81	81	OF EMPLOYEES AND THE IR EMPLOYER WITH THE INTENTION OF: 22
82	82
83	83	(I) 1. REACHING AN AGREEMEN T ABOUT WAGES , HOURS, 23
84	84	AND OTHER TERMS AND CONDITIONS OF EMPLOY MENT; AND 24
85	85
86	86	2. INCORPORATING THE TE RMS OF THE AGREEMENT IN 25
87	87	A WRITTEN MEMORANDUM OF UNDERSTANDING OR OTHER WRITTEN AGREEMENT ; 26
88	88	OR 27
89	89
90	90	(II) CLARIFYING TERMS AND CONDITIONS OF EMPLOYMENT ; 28
91	91
92	92	(2) ADMINISTRATION OF TE RMS AND CONDITIONS O F EMPLOYMENT ; 29
93	93	OR 30
94	94	SENATE BILL 976 3
95	95
96	96
97	97	(3) THE VOLUNTARY ADJUST MENT OF A DISPUTE OR DISAGREEMENT 1
98	98	BETWEEN AUTHORIZED R EPRESENTATIVES OF EM PLOYEES AND THEIR EM PLOYER 2
99	99	THAT ARISES UNDER A MEMORANDUM OF UNDERS TANDING OR OTHER WRITTEN 3
100	100	AGREEMENT . 4
101	101
102	102	(D) “CONFIDENTIAL EMPLOYEE ” MEANS AN EMPLOYEE WH O IS: 5
103	103
104	104	(1) REQUIRED TO DEVELOP OR PRESENT MANAGEMEN T POSITIONS 6
105	105	WITH RESPECT TO EMPL OYER–EMPLOYEE RELATIONS ; AND 7
106	106
107	107	(2) WHOSE DUTIES NORMALL Y REQUIRE ACCESS TO CONFIDENTIAL 8
108	108	INFORMATION THAT CON TRIBUTES SIGNIFICANT LY TO THE DEVELOPMEN T OF THE 9
109	109	MANAGEMENT POSITIONS WITH RESPECT TO EMPL OYER–EMPLOYEE RELATIONS . 10
110	110
111	111	(E) “EMPLOYEE ORGANIZATION ” HAS THE MEANING STAT ED IN § 22–101 OF 11
112	112	THE STATE GOVERNMENT ARTICLE. 12
113	113
114	114	(F) “EXCLUSIVE REPRE SENTATIVE” HAS THE MEANING STAT ED IN § 22–101 13
115	115	OF THE STATE GOVERNMENT ARTICLE. 14
116	116
117	117	(G) “MANAGEMENT EMPLOYEE ” MEANS AN EMPLOYEE WH O GENERALLY 15
118	118	HAS AUTHORITY AND WH O: 16
119	119
120	120	(1) FORMULATES POLICY TH AT IS APPLICABLE THR OUGHOUT A 17
121	121	BARGAINING UNIT ; 18
122	122
123	123	(2) HAS A SIGNIFICANT ROLE IN PERSONNEL ADMINISTRA TION, 19
124	124	EMPLOYEE RELATIONS , OR THE PREPARATION A ND ADMINISTRATION OF BUDGETS 20
125	125	FOR THE EMPLOYER ; OR 21
126	126
127	127	(3) MAY REASONABLY BE RE QUIRED TO: 22
128	128
129	129	(I) ASSIST DIRECTLY IN T HE PREPARATION FOR A ND CONDUCT 23
130	130	OF COLLECTIVE BARGAI NING NEGOTIATIONS ON BE HALF OF THE EMPLOYER ; OR 24
131	131
132	132	(II) HAVE A MAJOR ROLE IN THE ADMINISTRATION O F 25
133	133	RESULTING COLLECTIVE BARGAINING AGREEMENT S. 26
134	134
135	135	(H) (1) “PUBLIC LOCAL EMPLOYEE ” MEANS AN INDIVIDUAL WHO IS 27
136	136	EMPLOYED BY A LOCAL EMPLOYER. 28
137	137
138	138	(2) “PUBLIC LOCAL EMP LOYEE” DOES NOT INCLUDE : 29
139	139	4 SENATE BILL 976
140	140
141	141
142	142	(I) A CONFIDENTIAL EMPLO YEE; OR 1
143	143
144	144	(II) A MANAGEMENT EMPLOYEE. 2
145	145
146	146	(I) (1) “PUBLIC LOCAL EMPLOYER ” MEANS A COUNTY OR MU NICIPALITY, 3
147	147	INCLUDING A UNIT , A DEPARTMENT , OR AN INSTRUMENTALITY OF A COUNTY OR 4
148	148	MUNICIPALITY. 5
149	149
150	150	(2) “PUBLIC LOCAL EMPLOYER ” DOES NOT INCLUDE : 6
151	151
152	152	(I) A COUNTY BOARD OF ED UCATION OR THE BALTIMORE CITY 7
153	153	BOARD OF SCHOOL COMMISSIONERS ; 8
154	154
155	155	(II) THE BOARD OF COMMUNI TY COLLEGE TRUSTEES FOR A 9
156	156	COMMUNITY COLLEGE , INCLUDING THE BOARD OF TRUSTEES OF BALTIMORE CITY 10
157	157	COMMUNITY COLLEGE; OR 11
158	158
159	159	(III) A PUBLIC LIBRARY SYS TEM OR THE BOARD OF TRUSTEES 12
160	160	FOR THE PUBLIC LIBRA RY SYSTEM, INCLUDING THE BALTIMORE COUNTY PUBLIC 13
161	161	LIBRARY AND THE BALTIMORE COUNTY PUBLIC LIBRARY BOARD OF TRUSTEES. 14
162	162
163	163	(J) “SUPERVISORY EMPLOYEE ” MEANS AN EMPLOYEE WHO IS AUTHO RIZED 15
164	164	TO: 16
165	165
166	166	(1) HIRE, TRANSFER, SUSPEND, LAY OFF, RECALL, PROMOTE, 17
167	167	DISCHARGE, ASSIGN, REWARD, OR DISCIPLINE EMPLOY EES; 18
168	168
169	169	(2) RESPONSIBLY DIRECT E MPLOYEES FOR MORE TH AN 50% OF THE 19
170	170	EMPLOYEE’S WORKING HOURS ; OR 20
171	171
172	172	(3) ADDRESS AND RESOLVE THE GRIEVANCES OF EM PLOYEES. 21
173	173
174	174	1–2A–02. 22
175	175
176	176	(A) (1) THIS SUBTITLE APPLIES TO EACH PUBLIC LOCAL EMPLOYER, 23
177	177	PUBLIC LOCAL EMPLOYEE, AND EXCLUSIVE REPRES ENTATIVE OF PUBLIC LOCAL 24
178	178	EMPLOYEES. 25
179	179
180	180	(2) PUBLIC LOCAL EMPLOYEES MAY F ORM, JOIN, AND PARTICIPATE 26
181	181	IN THE ACTIVITIES OF EMPLOYEE ORGANIZATIO NS OF THEIR OWN CHOI CE FOR THE 27
182	182	PURPOSE OF BEING REP RESENTED IN ALL MATT ERS THAT RELATE TO S ALARIES, 28
183	183	WAGES, HOURS, AND OTHER WORKING CO NDITIONS. 29
184	184	SENATE BILL 976 5
185	185
186	186
187	187	(3) PUBLIC LOCAL EMPLOYEES, PUBLIC LOCAL EMPLOYERS , AND 1
188	188	EXCLUSIVE REPRESENTA TIVES ARE SUBJECT TO THE PROVISIONS OF TITLE 22 OF 2
189	189	THE STATE GOVERNMENT ARTICLE. 3
190	190
191	191	(B) (1) THIS SECTION MAY NOT BE CONSTRUED TO MODI FY OR 4
192	192	TERMINATE: 5
193	193
194	194	(I) A BARGAINING UNIT TH AT WAS RECOGNIZED OR IN 6
195	195	EXISTENCE ON OR BEFO RE JUNE 30, 2025; OR 7
196	196
197	197	(II) A COLLECTIVE BARGAIN ING AGREEMENT ENTERE D INTO ON 8
198	198	OR BEFORE JUNE 30, 2025. 9
199	199
200	200	(2) (I) A BARGAINING UNIT FOR PUBLIC LOCAL EMPLOYE ES MAY 10
201	201	NOT CONSIST OF BOTH SUPERVISORY EMPLOYEE S AND NON SUPERVISORY 11
202	202	EMPLOYEES. 12
203	203
204	204	(II) IF AN EMPLOYEE ORGANI ZATION HAS BEEN CERT IFIED 13
205	205	UNDER STATE OR LOCAL LAW ON OR BEFORE JUNE 30, 2025, TO BE AN EXCLUSIVE 14
206	206	REPRESENTATIVE OF PUBLIC LOCAL EMPLOYEES, THE APPLICABLE PUBLIC LOCAL 15
207	207	EMPLOYER SHALL ACCRETE ALL ELIGIBLE POSITIONS INTO THE EXISTING 16
208	208	BARGAINING UNIT IN A CCORDANCE WITH THIS SECTION ON REQUEST O F THE 17
209	209	EXCLUSIVE REPRESENTA TIVE. 18
210	210
211	211	(III) AN ACCRETION UNDER TH IS SUBSECTION IS SUBJECT TO A 19
212	212	SHOWING OF INTEREST AND ELECTION BY PUBLIC LOCAL EMPLOYEES IN THE 20
213	213	ACCRETED POSITIONS IN ACCORDANCE WITH T HE PROCEDURES UNDER § 22–603 OF 21
214	214	THE STATE GOVERNMENT ARTICLE. 22
215	215
216	216	1–2A–03. 23
217	217
218	218	(A) A PUBLIC LOCAL EMPLOYEE WHO MAY EFF ECTIVELY RECOMMEND A N 24
219	219	ACTION LISTED IN § 1–2A–01(G) OF THIS SUBTITLE MAY BE DEEMED A MANA GEMENT 25
220	220	EMPLOYEE IF THE PUBLIC LOCAL EMPLOYEE’S EXERCISE OF THE AU THORITY 26
221	221	REQUIRES THE EXERCIS E OF INDEPENDENT JUD GMENT AND IS NOT MER ELY OF A 27
222	222	ROUTINE OR CLERICAL NATURE. 28
223	223
224	224	(B) THE EXERCISE OF ANY S INGLE FUNCTION LISTE D IN § 1–2A–01(G) OF 29
225	225	THIS SUBTITLE MAY NOT NECESSARILY REQUIRE THE CONCLUSION THA T THE 30
226	226	INDIVIDUAL EXERCISIN G THAT FUNCTION IS I N FACT A MANAGEMENT EMPLOYEE 31
227	227	WITHIN THE DEFINITIO N. 32
228	228	6 SENATE BILL 976
229	229
230	230
231	231	(C) IN DIFFERENTIATING A MANAGEMENT EMPLOYEE FROM A 1
232	232	NONMANAGEMENT EMPLOY EE: 2
233	233
234	234	(1) A CLASS TITLE ALONE MA Y NOT BE THE BASIS F OR 3
235	235	DETERMIN ATION; AND 4
236	236
237	237	(2) THE NATURE OF THE MANAGE MENT EMPLOYEE ’S WORK, 5
238	238	INCLUDING WHETHER A SIGNIFICANT PORTION OF THE MANAGEMENT EM PLOYEE’S 6
239	239	WORKING TIME IS SPEN T AS PART OF A TEAM THAT INCLUDES NONMAN AGEMENT 7
240	240	EMPLOYEES, SHALL BE CONSIDERED . 8
241	241
242	242	1–2A–04. 9
243	243
244	244	(A) IF, ON THE REQUEST OF EITHE R PARTY, THE BOARD DETERMINES THAT 10
245	245	AN IMPASSE IS REACHE D IN NEGOTIATIONS BE TWEEN A PUBLIC LOCAL EMPLOYER 11
246	246	AND AN EXCLUSIVE REP RESENTATIVE , WITHIN 10 DAYS AFTER THE DETER MINATION 12
247	247	IS MADE, THE BOARD SHALL: 13
248	248
249	249	(1) SUBJECT TO SUBSECTION (B) OF THIS SECTION , REQUEST LAST 14
250	250	AND BEST OFFERS FROM THE PUBLIC LOCAL EMPLOYER AND EXCLUSI VE 15
251	251	REPRESENTATIVE ; AND 16
252	252
253	253	(2) ORDER THE PUBLIC LOCAL EMPLOYER AND EMPLOYE E 17
254	254	ORGANIZATION TO COMM ENCE ARBITRATION WIT HIN 14 DAYS AFTER THE BOARD’S 18
255	255	DETERMINATION THAT A N IMPASSE HAS BEEN REA CHED. 19
256	256
257	257	(B) THE LAST AND BEST OFF ERS SUBMITTED UNDER SUBSECTION (A)(1) OF 20
258	258	THIS SECTION: 21
259	259
260	260	(1) SHALL LIST SEPARATEL Y: 22
261	261
262	262	(I) EVERY TERM OR CONDIT ION OF EMPLOYMENT IN DISPUTE; 23
263	263	AND 24
264	264
265	265	(II) THE DEMANDS OF THE P ARTY MAKING THE LAST AND BEST 25
266	266	OFFER; AND 26
267	267
268	268	(2) MAY NOT CONTAIN ITEM S OR TOPICS NOT PREV IOUSLY RAISED IN 27
269	269	THE BARGAINING PROCE SS. 28
270	270
271	271	(C) WITHIN 5 DAYS AFTER AN ORDER TO ARBITRATE , THE PARTIES SHALL 29
272	272	SELECT AN ARBITRATOR BY: 30
273	273	SENATE BILL 976 7
274	274
275	275
276	276	(1) AGREEMENT ; OR 1
277	277
278	278	(2) ALTERNATELY STRIKING FROM A LIST OF SEVEN NEUTRAL 2
279	279	PARTIES PROVIDED BY : 3
280	280
281	281	(I) THE FEDERAL MEDIATION AND CONCILIATION SERVICE; 4
282	282	OR 5
283	283
284	284	(II) THE AMERICAN ARBITRATION ASSOCIATION. 6
285	285
286	286	(D) THE ARBITRATOR SHALL CONCLUDE THE ARBITRA TION WITHIN 30 DAYS 7
287	287	AFTER CONVENING THE FIRST ARBITRATION SE SSION. 8
288	288
289	289	(E) (1) SUBJECT TO SUBSECTION (F) OF THIS SECTION , IF THE PUBLIC 9
290	290	EMPLOYER AND THE EXC LUSIVE REPRESENTATIV E DO NOT REACH AGREE MENT 10
291	291	BEFORE CONCLUDING TH E ARBITRATION , THE ARBITRATOR SHALL ISSUE A FINAL 11
292	292	WRITTEN AWARD THAT S HALL BE BINDING ON B OTH PARTIES. 12
293	293
294	294	(2) THE ARBITRATOR SHALL ISSUE A STATEMENT OF REASONS FOR 13
295	295	THE FINAL WRITTEN AW ARD. 14
296	296
297	297	(F) THE ARBITRATOR ’S AWARD SHALL CONSID ER: 15
298	298
299	299	(1) THE WAGES, HOURS, WORKING CONDITIONS , OR OTHER TERMS 16
300	300	AND CONDITIONS OF EM PLOYMENT OF SIMILAR EMPLOYEES IN : 17
301	301
302	302	(I) SURROUNDING JURISDIC TIONS; AND 18
303	303
304	304	(II) COMPARABLE JURISDICT IONS OUTSIDE THE STATE; AND 19
305	305
306	306	(2) THE ABILITY OF THE P UBLIC LOCAL EMPLOYER AND ANY FUN DING 20
307	307	BODY OF THE LOCAL GO VERNMENT TO PAY , INCLUDING: 21
308	308
309	309	(I) THEIR EXISTING RESOURCES ; AND 22
310	310
311	311	(II) THE COSTS OF THE AWA RD. 23
312	312
313	313	(G) THE PUBLIC LOCAL EMPLOYER AND EXCLUSI VE REPRESENTATIVE 24
314	314	SHALL SHARE THE COST S OF THE HEARING EQU ALLY. 25
315	315
316	316	(H) EACH NEGOTIATED PROVI SION OR AWARD IS SUB JECT TO ANY OTHER 26
317	317	PROVISIONS OF THIS A RTICLE CONCERNING TH E FISCAL RELATIONSHI P BETWEEN 27
318	318	THE PUBLIC EMPLOYER AND A FUNDIN G BODY OF THE LOCAL GOVERNMENT . 28 8 SENATE BILL 976
319	319
320	320
321	321
322	322	1–2A–05. 1
323	323
324	324	(A) SUBJECT TO THE LIMITA TIONS OF THIS SUBTIT LE AND TITLE 22 OF THE 2
325	325	STATE GOVERNMENT ARTICLE, THE GOVERNING BODY O F A COUNTY OR 3
326	326	MUNICIPALITY MAY ADO PT A LOCAL LAW REGARDING LABOR RELATIONS OF PUBLIC 4
327	327	LOCAL EMPLOYEES . 5
328	328
329	329	(B) A LOCAL LAW ADOPTED UN DER THIS SECTION MAY NOT RESTRICT OR 6
330	330	WEAKEN THE RIGHTS PR OVIDED TO PUBLIC LOCAL EMPLOYEES AND EMPLOY EE 7
331	331	ORGANIZATIONS UNDER THIS SUBTITLE AND TITLE 22 OF THE STATE GOVERNMENT 8
332	332	ARTICLE. 9
333	333
334	334	1–2A–06. 10
335	335
336	336	EACH PUBLIC LOCAL EMPLOYE R SHALL SUBMIT TO THE BOARD A COPY OF 11
337	337	EACH CONTRACT, MEMORANDUM OF UNDERS TANDING, OR SIMILAR WRITTEN 12
338	338	AGREEMENT ENTERED INTO WITH THE EMPLOYEE REPRESENTAT IVES PROVIDING 13
339	339	LABOR RELATION SERVI CES. 14
340	340
341	341	1–2A–07. 15
342	342
343	343	(A) IN THIS SECTION , “EXEMPT LOCAL GOVERNMENT ” MEANS THE 16
344	344	GOVERNING BODY OF A COUNTY OR MUNICIPALI TY THAT HAS A PETITION UNDER 17
345	345	SUBSECTION (B) OF THIS SECTION GRANTED. 18
346	346
347	347	(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION, THE GOVERNING BODY 19
348	348	OF A COUNTY OR MUNIC IPALITY MAY PETITION THE BOARD FOR A DETERMINA TION 20
349	349	THAT ITS LOCAL LAWS COMPLY WITH THIS TIT LE AND TITLE 22 OF THE STATE 21
350	350	GOVERNMENT ARTICLE. 22
351	351
352	352	(C) (1) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, THE 23
353	353	BOARD SHALL: 24
354	354
355	355	(I) DETERMINE WHETHER TH E PETITIONING C OUNTY’S OR 25
356	356	MUNICIPALITY’S LAWS COMPLY WITH THIS TIT LE; AND 26
357	357
358	358	(II) CONSIDER WHETHER GRA NTING THE PETITION W OULD 27
359	359	BEST EFFECTUATE THE PURPOSES OF THIS TITLE AND TITLE 22 OF THE STATE 28
360	360	GOVERNMENT ARTICLE. 29
361	361	SENATE BILL 976 9
362	362
363	363
364	364	(2) THE BOARD SHALL ALLOW I NTERESTED EMPLOYEE 1
365	365	ORGANIZATIONS TO PARTICI PATE IN THE CONSIDERATION OF A PETITION UNDER 2
366	366	THIS SUBSECTION IN A MANNER DETERMIN ED BY THE BOARD. 3
367	367
368	368	(D) (1) IF THE BOARD GRANTS A PETITI ON UNDER SUBSECTION (B) OF 4
369	369	THIS SECTION, THE EXEMPT LOCAL GOVERNMENT SHALL : 5
370	370
371	371	(I) EXCEPT AS PROVIDED I N PARAGRAPH (2)(II) OF THIS 6
372	372	SUBSECTION, BE EXEMPT FROM THE REQUIREMENTS OF §§ 22–205(A), 22–403, AND 7
373	373	22–502 OF THE STATE GOVERNMENT ARTICLE; AND 8
374	374
375	375	(II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, ADOPT 9
376	376	A LOCAL LAW GOVERNING: 10
377	377
378	378	1. THE COMPOSITION OF B ARGAINING UNITS ; AND 11
379	379
380	380	2. THE CALENDAR TIMELINE FOR COLLECTIVE 12
381	381	BARGAINING, INCLUDING IMPASSE PR OCEDURES. 13
382	382
383	383	(2) (I) A LOCAL LAW ADOPTED BY AN EXEMPT LOCAL 14
384	384	GOVERNMENT THAT PROVIDES FOR TH E COMPOSITION OF BAR GAINING UNITS MAY 15
385	385	NOT EXCLU DE PUBLIC LOCAL EMPL OYEES FROM A BARGAINING UNIT OTHE R THAN 16
386	386	AS ALLOWED UNDER THI S SUBTITLE AND TITLE 22 OF THE STATE GOVERNMENT 17
387	387	ARTICLE. 18
388	388
389	389	(II) A LOCAL LAW ADOPTED BY AN EXEMPT LOCAL 19
390	390	GOVERNMENT SHALL ESTABLISH IMPASSE PR OCEDURES FOR EACH BARGAINING 20
391	391	UNIT AUTHORIZED UNDE R THE LOCAL LAW THAT: 21
392	392
393	393	1. ALLOW PUBLIC LOCAL E MPLOYEES OF THE EXEM PT 22
394	394	LOCAL GOVERNMENT TO STRIKE ON THE DECLARATION O F AN IMPASSE BY EITH ER 23
395	395	PARTY; OR 24
396	396
397	397	2. A. ALLOW THE PARTIES TO APPOINT A NEUTRAL 25
398	398	ARBITRATOR WHO ISSUE S A FINAL BINDING DECISION THA T IS TO BE IMPLEMENTED 26
399	399	AS A PART OF THE IMMEDIATELY FOLLOWING FISCAL YEAR’S BUDGET PROCESS ; AND 27
400	400
401	401	B. CONSIDER THE FACTORS ESTABLISHED UNDER § 28
402	402	1–2A–04(B)(6) OF THIS SUBTITLE WHEN MAKING THE F INAL BINDING DECISION . 29
403	403
404	404	(E) THE BOARD SHALL RETAIN JU RISDICTION OVER QUES TIONS OF 30
405	405	CERTIFICATIONS AS EXCLUSIVE REPRESE NTATIVES AND UNFAIR LABOR PRA CTICES 31
406	406	FOR EXEMPT LOCAL GOVERNMENTS , PUBLIC LOCAL EMPLOYEES, AND EMPLOYEE 32 10 SENATE BILL 976
407	407
408	408
409	409	ORGANIZATIONS AS PROVIDED UNDER TH IS SUBTITLE AND TITLE 22 OF THE STATE 1
410	410	GOVERNMENT ARTICLE. 2
411	411
412	412	(F) TO THE EXTENT AUTHORI ZED UNDER AN APPLICABLE LAW IN EFFECT 3
413	413	ON OR BEFORE JUNE 30, 2025, AN EMPLOYEE MAY NOT BE DETERMINED TO BE A 4
414	414	PUBLIC LOCAL EMPLOYEE UNDER THIS SUBTITLE OR A PUBLIC EMPLOYEE UN DER 5
415	415	TITLE 22 OF THE STATE GOVERNMENT ARTICLE SOLELY ON THE BASIS OF BEING 6
416	416	CONSIDERED A SUPERVISORY EMPLOY EE UNDER THE APPLICABLE LAW. 7
417	417
418	418	Article – State Government 8
419	419
420	420	22–101. 9
421	421
422	422	(a) In this title the following words have the meanings indicated. 10
423	423
424	424	(b) “Board” means the Public Employee Relations Board. 11
425	425
426	426	(c) “CONFIDENTIAL EMPLOYEE ” MEANS AN INDIVIDUAL : 12
427	427
428	428	(1) WHO IS REQUIRED TO D EVELOP OR PRESENT MA NAGEMENT 13
429	429	POSITIONS WITH RESPE CT TO EMPLOYER –EMPLOYEE RELATIONS ; AND 14
430	430
431	431	(2) WHOSE DUTIES RE QUIRE ACCESS TO CONF IDENTIAL 15
432	432	INFORMATION THAT CON TRIBUTES SIGNIFICANT LY TO THE DEVELOPMEN T OF THE 16
433	433	MANAGEMENT POSITIONS WITH RESPECT TO EMPL OYER–EMPLOYEE RELATIONS . 17
434	434
435	435	(D) Unless specifically provided otherwise, “day” means a calendar day. 18
436	436
437	437	[(d)] (E) “Employee organization” means a labor organization in which public 19
438	438	employees participate and that has as one of its primary purposes representing public 20
439	439	employees. 21
440	440
441	441	[(e)] (F) “Exclusive representative” means an employee organization that has 22
442	442	been certified by the Board as an exclusive representative under Subtitle 4 of this title. 23
443	443
444	444	[(f)] (G) “Interested employee organization” means: 24
445	445
446	446	(1) an employee organization already representing employees in a 25
447	447	bargaining unit; or 26
448	448
449	449	(2) a petitioner who has met the showing of interest requirement under § 27
450	450	22–402 of this title. 28
451	451
452	452	[(g)] (H) “Lockout” means action taken by a public employer to: 29
453	453	SENATE BILL 976 11
454	454
455	455
456	456	(1) interrupt or prevent the continuity of the employees’ usual work for the 1
457	457	purpose and with the intent of coercing the employees into relinquishing rights guaranteed 2
458	458	by this title; or 3
459	459
460	460	(2) bring economic pressure on employees for the purpose of securing the 4
461	461	agreement of their executive representative to collective bargaining agreement terms. 5
462	462
463	463	(I) “MANAGEMENT EMPLOYEE ” MEANS AN EMPLOYEE WHO GENERAL LY 6
464	464	HAS AUTHORITY AND WH O: 7
465	465
466	466	(1) FORMULATES POLICY TH AT IS APPLICABLE THR OUGHOUT A 8
467	467	BARGAINING UNIT ; 9
468	468
469	469	(2) HAS A SIGNIFICANT RO LE IN PERSONNEL ADMI NISTRATION, 10
470	470	EMPLOYEE RELATIONS , OR THE PREPARATION A ND ADMINISTRATION OF BUDGETS 11
471	471	FOR THE EMPLOYER; OR 12
472	472
473	473	(3) MAY REASONABLY BE RE QUIRED TO: 13
474	474
475	475	(I) ASSIST DIRECTLY IN T HE PREPARATION FOR A ND CONDUCT 14
476	476	OF COLLECTIVE BARGAI NING NEGOTIATIONS ON BEHALF OF THE EMPLOY ER; OR 15
477	477
478	478	(II) HAVE A MA JOR ROLE IN THE ADMI NISTRATION OF 16
479	479	RESULTING COLLECTIVE BARGAINING AGREEMENTS . 17
480	480
481	481	[(h)] (J) (1) “Public employee” means an individual who holds a position by 18
482	482	appointment or employment in the service of a public employer with collective bargaining 19
483	483	rights under: 20
484	484
485	485	(I) Title 3 of the State Personnel and Pensions Article [or]; 21
486	486
487	487	(II) TITLE 1, SUBTITLE 2A OF THE LOCAL GOVERNMENT 22
488	488	ARTICLE; 23
489	489
490	490	(III) Title 6, Subtitle 4 or 5 [or] OF THE EDUCATION ARTICLE; OR 24
491	491
492	492	(IV) Title 16, Subtitle 7 of the Education Article. 25
493	493
494	494	(2) “PUBLIC EMPLOYEE ” DOES NOT INCLUDE : 26
495	495
496	496	(I) A CONFIDENTIAL EMPLOYE E; OR 27
497	497
498	498	(II) A MANAGEMENT EMPLOYEE . 28
499	499	12 SENATE BILL 976
500	500
501	501
502	502	[(i)] (K) “Public employer” means: 1
503	503
504	504	(1) the State, including any unit, department, or instrumentality of the 2
505	505	State; 3
506	506
507	507	(2) A PUBLIC LOCAL EMPLOYE R, AS DEFINED IN § 1–2A–01 OF THE 4
508	508	LOCAL GOVERNMENT ARTICLE; 5
509	509
510	510	(3) a community college listed under § 16–702(b) of the Education Article; 6
511	511	and 7
512	512
513	513	[(3)] (4) a county board of education or the Baltimore City Board of School 8
514	514	Commissioners. 9
515	515
516	516	(L) “PUBLIC LOCAL EMPLOYEE ” HAS THE MEANING STAT ED IN § 1–2A–01 10
517	517	OF THE LOCAL GOVERNMENT ARTICLE. 11
518	518
519	519	[(j)] (M) (1) “Showing of interest form” means a written statement from a 12
520	520	public employee who wishes to be represented by a petitioning employee organization for 13
521	521	the purpose of collective bargaining. 14
522	522
523	523	(2) “Showing of interest form” includes: 15
524	524
525	525	(i) a union authorization card; or 16
526	526
527	527	(ii) a union membership card. 17
528	528
529	529	[(k)] (N) (1) “Strike” means any concerted action to impede the full and 18
530	530	proper performance of employment duties in order to induce, influence, coerce, or enforce 19
531	531	demands for a change in wages, hours, terms, or other conditions of employment. 20
532	532
533	533	(2) “Strike” includes a total or partial: 21
534	534
535	535	(i) refusal or failure to report to work; 22
536	536
537	537	(ii) refusal or failure to perform employment duties; 23
538	538
539	539	(iii) withdrawal from work; 24
540	540
541	541	(iv) work stoppage; or 25
542	542
543	543	(v) work slowdown. 26
544	544
545	545	(O) “SUPERVISORY EMPLOYEE ” MEANS AN EMPLOYEE WH O IS AUTHORIZED 27
546	546	TO: 28
547	547	SENATE BILL 976 13
548	548
549	549
550	550	(1) HIRE, TRANSFER, SUSPEND, LAY OFF, RECALL, PROMOTE, 1
551	551	DISCHARGE, ASSIGN, REWARD, OR DISCIPLINE EMPLOY EES; 2
552	552
553	553	(2) RESPONSIBLY DIRECT E MPLOYEES FOR MORE TH AN 50% OF THE 3
554	554	EMPLOYEE’S WORKING HOURS ; OR 4
555	555
556	556	(3) ADDRESS AND RESOLVE THE GRIEVANCES OF EM PLOYEES. 5
557	557
558	558	22–102. 6
559	559
560	560	(a) It is the intent of the General Assembly that it is the public policy of the State 7
561	561	to encourage and protect: 8
562	562
563	563	(1) the exercise by public sector employees of the full freedom of 9
564	564	association, self–organization, and designation of representatives of their own choosing, for 10
565	565	the purpose of negotiating the terms and conditions of their employment or other mutual 11
566	566	aid or protection; AND 12
567	567
568	568	(2) THE RIGHTS DESCRIBED IN ITEM (1) OF THIS SUBSECTION F OR 13
569	569	EMPLOYEES OF THE COU NTIES, MUNICIPALITIES , AND UNITS AND 14
570	570	INSTRUMENTALITIES OF STATE AND LOCAL GOVER NMENTS EXCLUDED FROM THE 15
571	571	APPLICATION OF THE FEDERAL NATIONAL LABOR RELATIONS ACT. 16
572	572
573	573	22–104. 17
574	574
575	575	(A) AN EMPLOYEE WHO MAY E FFECTIVELY RECOMMEND ANY ACTION 18
576	576	LISTED IN § 22–101(I) OF THIS SUBTITLE MAY BE DEEMED A MANAGEMENT 19
577	577	EMPLOYEE IF THE EMPL OYEE’S EXERCISE OF THE AU THORITY REQUIRES THE 20
578	578	EXERCISE OF INDEPEND ENT JUDGMENT AND IS NOT MERELY OF A R OUTINE OR 21
579	579	CLERICAL NATURE . 22
580	580
581	581	(B) THE EXERCISE OF ANY S INGLE FUNCTION LISTE D IN § 22–101(I) OF THIS 23
582	582	SUBTITLE MAY NOT NECESS ARILY REQUIRE THE CO NCLUSION THAT THE 24
583	583	INDIVIDUAL EXERCISIN G THAT FUNCTION IS A MANAGEMENT EMPLOYEE WITHIN 25
584	584	THE DEFINITION. 26
585	585
586	586	(C) IN DIFFERENTIATING A MANAGEMENT EMPLOYEE FROM A 27
587	587	NONMANAGEMENT EMPLOY EE: 28
588	588
589	589	(1) A CLASS TITLE ALONE MA Y NOT BE THE BASIS F OR 29
590	590	DETERMINATION ; AND 30
591	591
592	592	(2) THE NATURE OF THE MANAGE MENT EMPLOYEE ’S WORK, 31
593	593	INCLUDING WHETHER A SIGNIFICANT PORTION OF THE MANAGEMENT EMPLOYEE ’S 32 14 SENATE BILL 976
594	594
595	595
596	596	WORKING TIME IS SPEN T AS PART OF A TEAM THAT INCLUDES NONMAN AGEMENT 1
597	597	EMPLOYEES, SHALL BE CONSIDERED . 2
598	598
599	599	22–207. 3
600	600
601	601	(b) (1) Public employers shall allow an exclusive representative to: 4
602	602
603	603	(i) meet with a new employee in a bargaining unit represented by 5
604	604	the exclusive representative within the first full pay period of the new employee’s start 6
605	605	date; or 7
606	606
607	607	(ii) attend and participate in a new employee program that includes 8
608	608	one or more employees who are in a bargaining unit represented by the exclusive 9
609	609	representative. 10
610	610
611	611	(2) The new employee program described in paragraph (1)(ii) of this 11
612	612	subsection may be a new employee orientation, training, or other program that the public 12
613	613	employer and an exclusive representative negotiate in accordance with: 13
614	614
615	615	(I) Title 6, Subtitle 4 or 5 of the Education Article[,]; 14
616	616
617	617	(II) Title 16, Subtitle 7 of the Education Article[, or]; 15
618	618
619	619	(III) Title 3 of the State Personnel and Pensions Article; 16
620	620
621	621	(IV) TITLE 1, SUBTITLE 2A OF THE LOCAL GOVERNMENT 17
622	622	ARTICLE; OR 18
623	623
624	624	(V) A LOCAL LAW THE BOARD APPROVES IN A P ETITION FILED 19
625	625	IN ACCORDANCE WITH § 1–2A–07 OF THE LOCAL GOVERNMENT ARTICLE. 20
626	626
627	627	(3) Except as provided in paragraph (5) of this subsection, the exclusive 21
628	628	representative shall be allowed at least 30 minutes to meet with the new employee or to 22
629	629	collectively address all new employees in attendance during a new employee program. 23
630	630
631	631	(4) (i) Except as provided in subparagraph (ii) of this paragraph, a 24
632	632	meeting between the new employee and the exclusive representative shall be in person. 25
633	633
634	634	(ii) An exclusive representative may choose to meet with a new 26
635	635	employee by video or similar technology if public health concerns necessitate that a meeting 27
636	636	be conducted remotely. 28
637	637
638	638	(5) A public employer and an exclusive representative may negotiate a 29
639	639	period of time that is more than 30 minutes in accordance with: 30
640	640
641	641	(I) Title 6, Subtitle 4 or 5 of the Education Article[,]; 31 SENATE BILL 976 15
642	642
643	643
644	644
645	645	(II) Title 16, Subtitle 7 of the Education Article[, or]; 1
646	646
647	647	(III) Title 3 of the State Personnel and Pensions Article; 2
648	648
649	649	(IV) TITLE 1, SUBTITLE 2A OF THE LOCAL GOVERNMENT 3
650	650	ARTICLE; OR 4
651	651
652	652	(V) A LOCAL LAW THE BOARD APPROVES IN A P ETITION FILED 5
653	653	IN ACCORDANCE WITH § 1–2A–07 OF THE LOCAL GOVERNMENT ARTICLE. 6
654	654
655	655	(6) A public employer: 7
656	656
657	657	(i) shall encourage an employee to meet with the exclusive 8
658	658	representative or attend the portion of a new employee program designated for an exclusive 9
659	659	representative to address new employees; and 10
660	660
661	661	(ii) may not require an employee to meet with an exclusive 11
662	662	representative or attend the portion of a new employee program designated for an exclusive 12
663	663	representative to address new employees if the employee objects to attending. 13
664	664
665	665	22–209. 14
666	666
667	667	(f) If an authorization for a public employer to make membership dues deduction 15
668	668	was in effect on June 30, 2023, OR, FOR A PUBLIC LOCAL EMPLOYE R, JUNE 30, 2025: 16
669	669
670	670	(1) the right of the employee organization to membership dues deduction 17
671	671	shall continue unless the right is terminated under subsection (d) of this section; and 18
672	672
673	673	(2) the employee organization may not be required to present new 19
674	674	authorization under subsection (a) of this section. 20
675	675
676	676	22–305. 21
677	677
678	678	(a) The Board shall appoint: 22
679	679
680	680	(1) a deputy director primarily responsible for Executive Branch labor 23
681	681	relations; 24
682	682
683	683	(2) a deputy director primarily responsible for public school labor relations; 25
684	684	[and] 26
685	685
686	686	(3) a deputy director primarily responsible for public higher education 27
687	687	labor relations; AND 28
688	688	16 SENATE BILL 976
689	689
690	690
691	691	(4) A DEPUTY DIRECTOR PR IMARILY RESPONSIBLE FOR LOCAL 1
692	692	GOVERNMENT LABOR RELATIONS. 2
693	693
694	694	22–306. 3
695	695
696	696	(a) The Board is responsible for administering and enforcing provisions of: 4
697	697
698	698	(1) this title; 5
699	699
700	700	(2) Title 6, Subtitles 4 and 5 of the Education Article; 6
701	701
702	702	(3) Title 16, Subtitle 7 of the Education Article; [and] 7
703	703
704	704	(4) Title 3 of the State Personnel and Pensions Article; AND 8
705	705
706	706	(5) TITLE 1, SUBTITLE 2A OF THE LOCAL GOVERNMENT ARTICLE. 9
707	707
708	708	(b) In addition to any other powers or duties provided for elsewhere in this title, 10
709	709	Title 6, Subtitle 4 or 5 of the Education Article, Title 16, Subtitle 7 of the Education Article, 11
710	710	[and], Title 3 of the State Personnel and Pensions Article, AND TITLE 1, SUBTITLE 2A 12
711	711	OF THE LOCAL GOVERNMENT ARTICLE, the Board may: 13
712	712
713	713	(1) establish procedures for, supervise the conduct of, and resolve disputes 14
714	714	about elections for exclusive representatives; 15
715	715
716	716	(2) establish procedures for and resolve disputes about petitions for 16
717	717	bargaining unit clarification; 17
718	718
719	719	(3) establish procedures for and resolve disputes about petitions and 18
720	720	elections for decertification of an exclusive representative; 19
721	721
722	722	(4) investigate and take appropriate action in response to charges of unfair 20
723	723	labor practices, including strikes and lockouts; 21
724	724
725	725	(5) establish procedures for and resolve disputes about the negotiability of 22
726	726	bargaining subjects; 23
727	727
728	728	(6) on application by an employee organization or public employer, 24
729	729	determine that the applicant shall be designated as a joint public employer of public 25
730	730	employees in an employer–employee bargaining unit determined in accordance with 26
731	731	Subtitle 4 of this title when such determination would best effectuate the purposes of this 27
732	732	subtitle; and 28
733	733
734	734	(7) resolve matters as provided in §§ 6–406, 6–507, and 16–707 of the 29
735	735	Education Article. 30
736	736	SENATE BILL 976 17
737	737
738	738
739	739	(c) The Board shall have broad discretion to take and order remedial actions 1
740	740	when it finds that a party has committed an unfair labor practice, including the restoration 2
741	741	of any right, pay, status, or benefit lost by a public employee or group of public employees, 3
742	742	due to violations of this title. 4
743	743
744	744	(d) To enforce the provisions of this subtitle, the Board may: 5
745	745
746	746	(1) issue subpoenas; and 6
747	747
748	748	(2) administer oaths and affirmations, examine witnesses, and receive 7
749	749	evidence. 8
750	750
751	751	(e) (1) Except as provided in paragraph (2) of this subsection, the Board shall 9
752	752	adopt and enforce regulations, guidelines, and policies to carry out this title. 10
753	753
754	754	(2) The Board may not adopt any regulation, guideline, or policy that: 11
755	755
756	756	(i) unnecessarily delays the resolution of disputes over elections, 12
757	757	unfair labor practices, or any other matter under this title; or 13
758	758
759	759	(ii) restricts or weakens the protections provided to public employees 14
760	760	and employee organizations under this title or under regulations. 15
761	761
762	762	(F) THE BOARD ANNUALLY SHALL PUBLISH THE DOCUMENTS REQUIR ED 16
763	763	UNDER § 1–2A–06 OF THE LOCAL GOVERNMENT ARTICLE ON THE BOARD’S 17
764	764	WEBSITE. 18
765	765
766	766	22–307. 19
767	767
768	768	(f) [The] IF THE BOARD ISSUES A COMPLA INT UNDER THIS SECTION, THE 20
769	769	appropriate deputy director shall [provide relevant information gathered in the 21
770	770	investigation of a charge of unfair labor practices] PRESENT THE CASE to the Board OR 22
771	771	THE OFFICE OF ADMINISTRATIVE HEARINGS. 23
772	772
773	773	22–401. 24
774	774
775	775	(c) (1) An exclusive representative or a bargaining unit in existence on June 25
776	776	30, 2023, OR, FOR A BARGAINING UNI T FOR PUBLIC LOCAL E MPLOYEES, IN 26
777	777	EXISTENCE ON JUNE 30, 2025: 27
778	778
779	779	(i) shall continue without the requirement of an election and 28
780	780	certification until a question concerning representation is raised under this title; or 29
781	781
782	782	(ii) until the Board finds the unit not to be appropriate after 30
783	783	challenge by the public employer, a member of the unit, or an employee organization. 31
784	784	18 SENATE BILL 976
785	785
786	786
787	787	(2) (i) The appropriateness of the unit may not be challenged until the 1
788	788	expiration of any collective bargaining agreement in effect on: 2
789	789
790	790	1. June 30, 2023; OR 3
791	791
792	792	2. FOR PUBLIC LOCAL EMP LOYEES, JUNE 30, 2025. 4
793	793
794	794	(ii) The Board may not modify any bargaining unit determined 5
795	795	under existing law. 6
796	796
797	797	22–403. 7
798	798
799	799	(a) (1) Except as otherwise provided in this title, Title 6, Subtitle 4 or 5 of the 8
800	800	Education Article, Title 16, Subtitle 7 of the Education Article, [or] Title 3 of the State 9
801	801	Personnel and Pensions Article, TITLE 1, SUBTITLE 2A OF THE LOCAL GOVERNMENT 10
802	802	ARTICLE, OR A LOCAL LAW THE BOARD APPROVES IN A P ETITION FILED IN 11
803	803	ACCORDANCE WITH § 1–2A–07 OF THE LOCAL GOVERNMENT ARTICLE, the Board 12
804	804	shall determine the appropriateness of each bargaining unit. 13
805	805
806	806	(2) If there is no dispute about the appropriateness of the establishment of 14
807	807	the bargaining unit, the Board shall issue an order defining an appropriate bargaining unit. 15
808	808
809	809	(3) If there is a dispute about the appropriateness of the establishment of 16
810	810	the bargaining unit, the Board shall: 17
811	811
812	812	(i) conduct a hearing; and 18
813	813
814	814	(ii) issue an order defining an appropriate bargaining unit. 19
815	815
816	816	(b) If the appropriate bargaining unit as determined by the Board differs from the 20
817	817	bargaining unit described in the petition, the Board may: 21
818	818
819	819	(1) dismiss the petition; or 22
820	820
821	821	(2) direct an election in the appropriate bargaining unit if at least 30% of 23
822	822	the signatures included in the petition are of employees in the appropriate bargaining unit. 24
823	823
824	824	(c) A bargaining unit: 25
825	825
826	826	(1) may consist only of public employees; AND 26
827	827
828	828	(2) MAY NOT INCLUDE BOTH NONSUPERVISORY EMPLOYEES AND 27
829	829	SUPERVISORY EMPLOYEE S. 28
830	830
831	831	22–501. 29
832	832	SENATE BILL 976 19
833	833
834	834
835	835	(A) Representatives of public employers and exclusive representatives shall meet 1
836	836	at reasonable times and engage in collective bargaining in good faith and to conclude a 2
837	837	written memorandum of understanding or other negotiated agreement in accordance with 3
838	838	Title 6, Subtitle 4 or 5 of the Education Article, Title 16, Subtitle 7 of the Education Article, 4
839	839	[or] Title 3 of the State Personnel and Pensions Article, TITLE 1, SUBTITLE 2A OF THE 5
840	840	LOCAL GOVERNMENT ARTICLE, OR A LOCAL LAW THE BOARD APPROVES IN A 6
841	841	PETITION FILED IN AC CORDANCE WITH § 1–2A–07 OF THE LOCAL GOVERNMENT 7
842	842	ARTICLE. 8
843	843
844	844	(B) A MEMORANDUM OF UNDERS TANDING OR OTHER NEGOTIATED 9
845	845	AGREEMENT ENTERED INTO IN ACCORDANCE WITH S UBSECTION (A) OF THIS 10
846	846	SECTION MAY PROVIDE FOR BINDING ARBITRATION OF GRIEVANCES ARISING 11
847	847	UNDER THE AGREEMENT THAT THE PARTIES HAV E AGREED TO BE SUBJE CT TO 12
848	848	ARBITRATION. 13
849	849
850	850	SECTION 2. AND BE IT FURTHER ENACTED, That: 14
851	851
852	852	(a) In this section, “local government” means Anne Arundel County, Baltimore 15
853	853	City, Baltimore County, Harford County, Howard County, Montgomery County, Prince 16
854	854	George’s County, the City of Annapolis, the City of Bowie, the City of Cumberland, the City 17
855	855	of College Park, the City of Hagerstown, the City of Rockville, the City of Salisbury, and 18
856	856	the City of Takoma Park. 19
857	857
858	858	(b) It is the intent of the General Assembly that a delay in the implementation of 20
859	859	Section 1 of this Act for a local government shall ensure the harmonious continuation of 21
860	860	existing collective bargaining relationships without interruption and allow local 22
861	861	governments with existing collective bargaining legislation to resolve a petition filed under 23
862	862	§ 1–2A–07 of the Local Government Article, as enacted by Section 1 of this Act, and may 24
863	863	not be used to plan for or engage in activities that would discourage or otherwise coerce 25
864	864	employees seeking to hold an election. 26
865	865
866	866	(c) (1) (i) Except as provided in subparagraph (ii) of this paragraph, 27
867	867	Section 1 of this Act does not apply to a local government before July 1, 2026. 28
868	868
869	869	(ii) Beginning on the effective date of this Act, a local government 29
870	870	may file a petition with the Public Employee Relations Board in accordance with § 30
871	871	1–2A–07 of the Local Government Article, as enacted by Section 1 of this Act. 31
872	872
873	873	(2) Section 1 of this Act shall apply to a local government on or after July 32
874	874	1, 2026. 33
875	875
876	876	SECTION 3. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 34
877	877	the application of any provision of this Act to any person or circumstance is held invalid for 35
878	878	any reason in a court of competent jurisdiction, the invalidity does not affect other 36
879	879	provisions or any other application of this Act that can be given effect without the invalid 37 20 SENATE BILL 976
880	880
881	881
882	882	provision or application, and for this purpose the provisions of this Act are declared 1
883	883	severable. 2
884	884
885	885	SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 3
886	886	1, 2025. 4