Md. Code Ann., Educ. § 16-705

Redline — January 1, 2023 → current.View current text →

Current — January 1, 2024

As of January 1, 2023

(a) (1) An employee organization may be certified as an exclusive representative only as provided under this section.

(2) Except as provided in subsection (j) of this section, on or after September 1, 2022, an election or a recognition of an exclusive representative shall be conducted by the Board for each bargaining unit after the requirements of § 16–704 of this subtitle have been met by that bargaining unit.

(3) The Board may use a third–party contractor to receive and count ballots for an election under this section.

(b) For each election, the Board shall place on the ballot:

(1) The name or names of the employee organization submitting the valid petition;

(2) The name of any other employee organization designated in a valid petition signed by more than 10% of the employees in the appropriate bargaining unit; and

(3) A provision for “no representation”.

(c) (1) In any election in which none of the choices on the ballot receives a majority of the votes cast, a runoff election shall be conducted, with the ballot providing for a selection between the two choices receiving the highest number of ballots cast in the election.

(2) An employee organization receiving a majority of votes cast in an election shall be certified by the Board as the exclusive representative for collective bargaining purposes.

(d) (1) Within 7 days after an election is ordered, a public employer shall submit to the Board and an employee organization an updated alphabetical list of eligible public employees who may vote in the election.

(2) The list required to be submitted under paragraph (1) of this subsection shall include the same information required under § 16–704 of this subtitle for each eligible public employee.

(e) A public employer, its officers, and an agent of the employer may not spend public money, use public resources, or provide assistance to an individual or a group for a negative campaign against an employee organization.

(f) (1) Within 7 days after a valid election has been determined under subsection (a) of this section, a public employer shall allow public employees and employee organizations to access the employer’s property and facilities, including grounds, rooms, bulletin boards, campus mail, and other common areas for campaign activities for the election.

(2) The public employer may not:

(i) Limit the amount of time a public employee has access to the public employer’s property and facilities during an election under this section; or

(ii) Alter or revise existing rules or regulations to unfairly limit or prohibit public employees or employee organizations from collective bargaining.

(3) This subsection may not be construed to allow campaign activities to interfere with a public employer’s operations.

(g) (1) The Board shall conduct the election:

(i) By secret ballot; and

(ii) Subject to paragraph (2) of this subsection, in whole or in part by in–person voting, mail, or an electronic voting system.

(2) The Board may designate the time period for in–person voting under paragraph (1)(ii) of this subsection only after consulting with the public employer and employee organizations on the ballot.

(3) (i) The Board shall allow at least 10 days of voting for an election conducted under paragraph (1) of this subsection, unless an employee organization on the ballot requests an extension.

(ii) The Board may extend the time period for voting due to inoperable voting systems.

(h) (1) An employee organization on a ballot may request a preferred method of voting at the time a petition for election is filed with the Board.

(2) Except as provided in paragraph (3) of this subsection, the Board shall designate the method of voting based on the requests of the employee organizations on the ballot.

(3) If there is a dispute between two or more employee organizations on the ballot over the method of voting, the Board may designate the method of voting.

(i) (1) The Board shall provide notice of each election that describes the method of voting to employee organizations on the ballot and to the public employer.

(2) The public employer shall make publicly available notice of each election to all eligible public employees within 2 days after the public employer receives notice of the election from the Board.

(3) The Board shall assist an eligible public employee in using an alternative method of voting to cast a ballot if the public employee promptly informs the Board of the inability to cast a ballot using the designated method of voting.

(j) The Board shall designate an employee organization as the exclusive representative only if:

(1) One employee organization seeks certification as the exclusive representative;

(2) There is no incumbent exclusive representative;

(3) The employee organization has not requested an election; and

(4) The Board determines that more than 50% of the public employees in the bargaining unit support the employee organization through comparing showing of interest forms with a public employer’s provided list of public employees in the bargaining unit.

(k) The election of an exclusive representative may not be conducted in any bargaining unit in which:

(1) An exclusive representative has been certified within the immediately preceding 24 months; or

(2) A valid election has been held within the immediately preceding 12 months in which an exclusive representative was certified.

(l) (1) Subject to paragraph (2) of this subsection, the exclusive representative of a bargaining unit that operated under a collective bargaining agreement or contract before September 1, 2022, maintains certification after the agreement or contract expires.

(2) If a collective bargaining agreement or contract is in effect, a valid petition for an election under this section may be submitted and an election conducted under this section only if the petition is submitted at least 90 days, but not more than 120 days, before the expiration of the collective bargaining agreement or contract.

§16–706. NOT IN EFFECT

** TAKES EFFECT SEPTEMBER 1, 2022 PER CHAPTERS 16 AND 27 OF THE 2021 SPECIAL SESSION **

(a) A public employer shall extend to an employee organization certified as the exclusive representative the right to represent the public employees of the bargaining unit involved in collective bargaining and in the settlement of grievances.

(b) An employee organization certified as the exclusive representative for a bargaining unit shall:

(1) Serve as the bargaining agent for all public employees in a bargaining unit; and

(2) Represent fairly and without discrimination each public employee in the bargaining unit without regard to whether the employee is a member of the employee organization.

§16–707. NOT IN EFFECT

** TAKES EFFECT SEPTEMBER 1, 2022 PER CHAPTERS 16 AND 27 OF THE 2021 SPECIAL SESSION **

(a) (1) Subject to paragraph (2) of this subsection, within 10 days after a new employee’s date of hire, for each new public employee in the bargaining unit represented by the exclusive representative, the public employer shall provide the exclusive representative with the information required under § 16–704 of this subtitle.

(2) A public employer shall provide the exclusive representative with the information required under paragraph (1) of this subsection in a searchable and analyzable electronic format.

(b) (1) Except as provided in paragraphs (2) and (3) of this subsection, an exclusive representative shall consider the information that it receives under this section as confidential and may not disclose the information to any person.

(2) An exclusive representative may authorize third–party contractors to use the information that it receives under this section, as directed by the exclusive representative, to carry out the exclusive representative’s statutory duties under this title.

(3) An exclusive representative or an authorized third–party contractor may use the information that it receives under this section for the purpose of maintaining or increasing employee membership in an employee organization.

(4) On written request of a public employee, an exclusive representative shall withhold further communication with a public employee unless otherwise required by law or the written request is revoked by the public employee.

(c) (1) (i) A public employer shall provide the exclusive representative with the information described in subsection (a) of this section for each public employee in the bargaining unit represented by the exclusive representative once every 90 days.

(ii) Subject to § 16–709 of this subtitle, a public employer may negotiate with the exclusive representative to provide the information required under this paragraph more frequently than once every 90 days.

(2) A public employer shall provide the exclusive representative with the information described in subsection (a) of this section regardless of whether the newly hired public employee was previously employed by the public employer.

§16–708. NOT IN EFFECT

** TAKES EFFECT SEPTEMBER 1, 2022 PER CHAPTERS 16 AND 27 OF THE 2021 SPECIAL SESSION **

(a) In this section, “new employee processing” means the process for a newly hired public employee, whether in–person, online, or through other means, in which new public employees are advised of their employment status, rights, benefits, duties, responsibilities, and other employment–related matters.

(b) (1) (i) A public employer shall provide the exclusive representative access to new employee processing.

(ii) Except as provided in subparagraph (iii) of this paragraph, a public employer shall provide the exclusive representative at least 10 days’ notice in advance of a new employee processing.

(iii) A public employer may provide the exclusive representative with less than 10 days’ notice if there is an urgent need critical to the public employer’s new employee processing that was not reasonably foreseeable.

(2) (i) The structure, time, and manner of the access required in paragraph (1) of this subsection shall be determined through negotiations between the public employer and the exclusive representative in accordance with § 16–709 of this subtitle.

(ii) When negotiating access to new employee processing under subparagraph (i) of this paragraph, if any dispute has not been resolved within 45 days after the first meeting of the public employer and the exclusive representative, or within 60 days after an initial request to negotiate, whichever occurs first, either party may request that the Board declare an impasse under § 16–711 of this subtitle.

(iii) In an impasse proceeding under § 16–711 of this subtitle, the mediator or Board shall consider:

1. The ability of the exclusive representative to communicate with the public employees it represents;

2. The legal obligations of the exclusive representative to the public employees;

3. Applicable State, federal, and local laws;

4. Any stipulations of the parties;

5. The interests and welfare of the public employees and the financial condition of the public employer;

6. The structure, time, and manner of access of an exclusive representative to new employee processing in comparable public employers, including the access provisions in other memoranda of understanding or collective bargaining agreements; and

7. Any other facts routinely considered in establishing the structure, time, and manner of access of an exclusive representative to new employee processing.

(3) (i) A request to negotiate under paragraph (2) of this subsection made between September 1, 2022, and the expiration date of an existing collective bargaining agreement between the parties shall reopen the existing collective bargaining agreement only for the purpose of negotiating the access of the exclusive representative to the public employer’s new employee processing.

(ii) Either party may elect to negotiate a separate agreement on the access of the exclusive representative to the public employer’s new employee processing in lieu of reopening the existing collective bargaining agreement.

(c) This section does not prohibit a public employer and an exclusive representative from negotiating access to new employee processing that varies from the requirements of this section.

§16–709. NOT IN EFFECT

** TAKES EFFECT SEPTEMBER 1, 2022 PER CHAPTERS 16 AND 27 OF THE 2021 SPECIAL SESSION **

(a) Collective bargaining shall include all matters relating to:

(1) Wages, hours, and other terms and conditions of employment; and

(2) The procedures for the employee organization to receive membership dues through payroll deduction.

(b) In the course of collective bargaining, the public employer and the exclusive representative shall:

(1) Meet at reasonable times; and

(2) Make every reasonable effort to conclude negotiations with a final written agreement in a timely manner before the budget submission date of the public employer.

(d) (1) An agreement may not include matters relating to the employees’ or teachers’ retirement or pension systems otherwise covered by the Annotated Code of Maryland.

(2) Paragraph (1) of this subsection does not prohibit a discussion of the terms of the retirement or pension systems in the course of collective bargaining.

(e) The terms of an agreement shall supersede any conflicting regulations or administrative policies of the public employer.

(f) (1) (i) Except as provided in paragraph (2) of this subsection, a request for funds necessary to implement an agreement shall be submitted by the public employer in a timely fashion for consideration in the budget process of the county.

(ii) Not later than 20 days after final budget action by the governing body of a county, if a request for funds necessary to implement an agreement is reduced, modified, or rejected by the governing body, either party to the agreement may reopen the agreement.

(2) For Baltimore City Community College, in the annual budget bill submitted to the General Assembly, the Governor shall include any amounts in the budget of Baltimore City Community College required to accommodate any additional cost resulting from the negotiations, including the actuarial impact of any legislative changes to any of the State pension or retirement systems that are required, as a result of the negotiations, for the fiscal year beginning the immediately following July 1 if the legislative changes have been negotiated to become effective in that fiscal year.

§16–710. NOT IN EFFECT

** TAKES EFFECT SEPTEMBER 1, 2022 PER CHAPTERS 16 AND 27 OF THE 2021 SPECIAL SESSION **

(a) An agreement shall include a provision for the deduction from the paycheck of each public employee in a bargaining unit of any membership dues authorized and owed by the public employee to the exclusive representative.

(b) (1) A public employee may authorize a deduction under this section by notifying the exclusive representative.

(2) The notice may be a handwritten or electronic statement.

(3) A public employee may make a request to the exclusive representative to cancel or change a deduction under this section.

(1) Collect and maintain the notices under subsection (b) of this section;

(2) Certify to a public employer the public employees who have authorized deductions under this section; and

(3) Indemnify a public employer from any claims made by a public employee made in reliance on the certification under this section.

(d) An exclusive representative may not be required to provide copies of authorization notices unless a dispute arises in connection with the validity of an authorization.

(e) A public employer shall:

(1) Rely on an exclusive representative’s certification of public employees who have authorized deductions;

(2) Direct public employees to the exclusive representative to cancel or change a deduction; and

(3) Submit a dispute arising between a public employee and an exclusive representative to be resolved under unfair labor practice proceedings in accordance with the laws of the State.

§16–711. NOT IN EFFECT

** TAKES EFFECT SEPTEMBER 1, 2022 PER CHAPTERS 16 AND 27 OF THE 2021 SPECIAL SESSION **

(a) If in the course of collective bargaining a party determines that an impasse exists, that party may request the services of the Board in mediation or engage another mutually agreeable mediator.

(b) (1) By mutual agreement, the parties may engage in mediation.

(2) (i) If there is not mutual agreement, either party may petition the Board to initiate fact–finding.

(ii) 1. After considering the status of bargaining and the budget schedule of the public employer, the Board may find that an impasse exists and may notify the parties that fact–finding is to be initiated.

2. A public employer and the exclusive representative may select their own fact finder.

3. A. If the parties have not selected their own fact finder within 5 days after the required notification, the Board shall submit to the parties the names of five qualified individuals.

B. Each party alternately shall strike two names from the list with the remaining individual being the fact finder.

4. The fact finder selected by the parties shall conduct hearings and may administer oaths.

5. The fact finder shall make written findings of fact and recommendations for resolution of the impasse.

6. Not later than 30 days after the date of appointment, the fact finder shall transmit the findings to the public employer, the exclusive representative, and the Board.

7. If the impasse continues 10 days after the report is submitted to the parties, any unresolved noneconomic language items that are subject to fact–finding shall be referred to the Board.

(d) The Board, on receipt of the report and certification of unresolved noneconomic language items, shall provide the parties with an opportunity to submit additional position statements and issue a written decision adopting:

(1) The final proposal of the public employer;

(2) The final proposal of the exclusive representative; or

(3) The fact finder’s final offer or resolution.

(e) The Board’s written decision is final and binding on the public employer and the exclusive representative.

§16–712. NOT IN EFFECT

** TAKES EFFECT SEPTEMBER 1, 2022 PER CHAPTERS 16 AND 27 OF THE 2021 SPECIAL SESSION **

(a) A public employee may not engage in a strike.

(b) A public employee may not receive pay or compensation from the public employer for any period during which the public employee is engaged in a strike.

(c) If a strike of public employees occurs, a court of competent jurisdiction may enjoin the strike at the request of the public employer.

(d) (1) If an employee organization certified as an exclusive representative engages in a strike, the Board shall revoke the organization’s certification as the exclusive representative.

(2) An employee organization that engages in a strike and has its certification revoked shall be ineligible to be certified as an exclusive representative for a period of 1 year following the end of the strike.

§16–713. NOT IN EFFECT

** TAKES EFFECT SEPTEMBER 1, 2022 PER CHAPTERS 16 AND 27 OF THE 2021 SPECIAL SESSION **

(a) A public employer has the right to:

(1) Determine how the statutory mandate and goals of the community college, including the functions and programs of the community college, its overall budget, and its organizational structure, are to be carried out; and

(2) Direct college personnel.

(b) A public employee has the right to:

(1) Organize;

(2) Form, join, or assist any employee organization;

(3) Bargain collectively through an exclusive representative;

(4) Engage in other lawful concerted activity for the purpose of collective bargaining; and

(5) Refrain from engaging in the activities listed under this subsection.

(1) Present a grievance arising under the terms of the agreement to the public employer; and

(2) Have the grievance adjusted without the intervention of the exclusive representative.

(d) The exclusive representative has the right to be present during any meeting involving the presentation or adjustment of a grievance.

(e) (1) A public employer shall hear a grievance and participate in the adjustment of the grievance.

(2) The adjustment of a grievance may not be inconsistent with the terms of the collective bargaining agreement then in effect.

(3) A public employer shall give prompt notice of any adjustment of a grievance to the exclusive representative.

(f) A public employer and an employee organization may not interfere with, intimidate, restrain, coerce, or discriminate against a public employee because the employee exercises rights granted under this section.

§16–714. NOT IN EFFECT

** TAKES EFFECT SEPTEMBER 1, 2022 PER CHAPTERS 16 AND 27 OF THE 2021 SPECIAL SESSION **

A public employer, its officers, and agents may not:

(1) Interfere with, intimidate, restrain, or coerce public employees in the exercise of their rights under this subtitle;

(2) Encourage or discourage public employees in their selection of membership in any employee organization;

(3) Discharge or discriminate against an employee because of the signing or filing of an affidavit, petition, or complaint, or giving information or testimony in connection with matters under this subtitle;

(4) Refuse to participate in good–faith bargaining or the dispute resolution process in this subtitle; or

(5) Disclose any portion of personally identifiable information of public employees to an unauthorized third party.

§16–715. NOT IN EFFECT

** TAKES EFFECT SEPTEMBER 1, 2022 PER CHAPTERS 16 AND 27 OF THE 2021 SPECIAL SESSION **

(a) The Board may:

(1) Adopt regulations to carry out this subtitle; and

(2) Delegate and assign its responsibilities and obligations under this subtitle to the Executive Director of the Board.

(b) The Board may not adopt any rule that:

(1) Unnecessarily delays the resolution of disputes over elections, unfair labor practices, or any other matter under this subtitle; or

(2) Restricts or weakens the protection provided to public employees and employee organizations under this subtitle or existing regulations.

(c) The Board shall adopt regulations in accordance with Title 3, Subtitle 6 of the State Personnel and Pensions Article that address ratification, duration, and enforcement of an agreement under this subtitle.

(b) (1) (i) A public employer shall provide the exclusive representative access to new employee processing.

(ii) Except as provided in subparagraph (iii) of this paragraph, a public employer shall provide the exclusive representative at least 10 days’ notice in advance of a new employee processing.

(iii) In an impasse proceeding under § 16–707 of this subtitle, the mediator or Board shall consider:

1. The ability of the exclusive representative to communicate with the public employees it represents;

2. The legal obligations of the exclusive representative to the public employees;

3. Applicable State, federal, and local laws;

4. Any stipulations of the parties;

5. The interests and welfare of the public employees and the financial condition of the public employer;

7. Any other facts routinely considered in establishing the structure, time, and manner of access of an exclusive representative to new employee processing.

(c) This section does not prohibit a public employer and an exclusive representative from negotiating access to new employee processing that varies from the requirements of this section.

Official source: Maryland General Assembly. Reproduced from public-domain Maryland statutes; confirm against the official source for the current text. Not legal advice.