# Subtitle 13A. Labor Code

Codified through Bill No. CB-018-2026, adopted May 12, 2026, effective July 24, 2026. Source: Municode, Supplement 2026 Update 2. Editorial notes and legislative history omitted.

## Subtitle 13A. Labor Code

### Division 1. Collective Bargaining Generally

#### Sec. 13A-101. Declaration of policy

Prince George's County, Md., Code § 13A-101 (2026)

(a) The County Council of Prince George's County, Maryland is mandated by Section 908 of the County Charter to provide procedures for County employees to organize and bargain collectively through representatives of their own choosing so that they may meaningfully participate in the formulation and implementation of personnel policies affecting their employment, and to provide procedures for resolving collective bargaining impasses involving protective service employees. In enacting this law, the County Council finds that joint decision making is the modern way of administering government and that where public employees have been granted the right to share in the decision-making process affecting wages and working conditions, they have become more responsive and better able to exchange ideas and information on operations with their administrators. Accordingly, government is made more effective.

(b) The County Council, therefore, declares that it is the public policy of this County to promote harmonious and cooperative relations between government and its employees and to protect the public by assuring effective and orderly operations of government. These policies are best effectuated by:

  (1) Recognizing the right of public employees to organize for the purpose of collective bargaining;

  (2) Providing a means by which employees may select units appropriate for effective dealings between their representatives and their employer;

  (3) Requiring the employer to negotiate with and enter into written agreements with exclusive representatives on matters of wages, hours and other terms and conditions of employment, while at the same time;

  (4) Recognizing merit principles consistent with the provisions of Article IX of the Charter; and

  (5) Establishing a rational method for dealing with disputes and work stoppages.

#### Sec. 13A-102. Definitions

Prince George's County, Md., Code § 13A-102 (2026)

In this Subtitle the following words shall have the meaning indicated.

(a) Arbitration means a procedure by which parties who are unable to agree on a solution to a problem, and whose subject matter is covered by Division 1 of this Subtitle, shall submit the dispute to a third party.

(b) Appropriate unit means a group of employees for whom a labor organization may be certified as the exclusive bargaining representative pursuant to Section 13A-106.

(c) Certification means official recognition by Prince George's County, Maryland that a labor organization is, and shall remain, the exclusive representative for all of the employees in an appropriate bargaining unit for the purpose of collective bargaining, until it is replaced by another labor organization, decertified, or dissolves.

(d) Charter means the Prince George's County Charter adopted on November 3, 1970.

(e) County means the Prince George's County, Maryland.

(f) County Council means the legislative branch of the County Government.

(g) Director means the Director of the County Office of Human Resources Management, or the Director's designee.

(h) Employee means any person whose salary and/or job description is determined in whole or in part by the County, but shall not include elected officials, management level employees, confidential employees, and officials appointed pursuant to law to a policy-making position. An individual shall continue to be an employee within the meaning of this law even if his work has ceased as a consequence of, or in connection with, any unfair labor practice. In addition, the term employee shall include also such individuals to whom the coverage of this law is extended pursuant to Section 13A-116 herein.

(i) Employer means the County Executive and any individual who represents him or acts in his interests in dealing with employees, or any governmental body operating within the County which elects to have the definition of employee contained in Section 13A-102(h) herein extended to include its employees pursuant to Section 13A-116 herein, or any person acting as an agent of said governmental body.

(j) Impartial agency means any of the following or other similar organizations: The American Arbitration Association, The Federal Mediation and Conciliation Service, (FMCS) The State of Maryland Department of Labor, Licensing and Regulation, Division of Labor and Industry, The National Center for Dispute Settlement, and The U.S. Department of Labor.

(k) Impasse means the failure of the employer and the exclusive representative to reach a collective bargaining agreement despite good faith efforts to do so.

(l) Intervener means a labor organization that has complied with the provisions of Division 1 of this Subtitle that permit it to be included with the petitioning employee organization as one of the choices on the ballot in a representation election.

(m) Labor organization means any labor union or other organization in which employees participate and which has as one of its purposes the representation of employees concerning wages, hours, or other terms and conditions of employment, but shall not include any organization which unlawfully engages in discrimination with regard to race, color, religion, sex, sexual orientation, age, disability, or national origin.

(n) Management level employee means any individual who is involved directly in the determination of policy or who responsibly directs the implementation thereof.

(o) Mediation means the process by which the parties to an impasse seek to reconcile their differences through the services of a third party. The third party will act as an intermediary in bringing the parties together and will actively seek to assist the parties in reaching a settlement by making suggestions, providing background information, and noting avenues open to the parties for settlement.

(p) Person means one or more individuals, labor organizations, employers, employees, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.

(q) Professional employee means any employee whose work:

(r) State, in Division 1 of this Subtitle, shall mean the State of Maryland Department of Labor, Licensing and Regulation, Division of Labor and Industry.

(s) Strike means the failure by concerted action with others to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment, or in any manner interfering with the operation of any public employer, for the purpose of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges, or obligations of employment.

(t) Supervisor means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees; or responsibly to direct them; or to adjust their grievances; or effectively recommend such action, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment; provided, however, that the exercise of any single function of authority enumerated above shall not necessarily require the conclusion that the individual so exercising that function is a supervisor within the meaning of this law.

#### Sec. 13A-103. Employee Rights

Prince George's County, Md., Code § 13A-103 (2026)

(a) Employees shall have the right of self-organization, to form, join, or assist any labor organizations, to bargain collectively through representatives of their own choosing on wages, hours and other terms or conditions of employment, and to engage in other concerted activities for the purpose of collective bargaining or other aid or mutual protection, free from interference, restraint, or coercion.

(b) Employees shall also have the right to refrain from any or all such activities except to the extent that such right may be affected by an agreement requiring as a condition of employment the payment of a monthly service charge, in an amount not greater than the regular monthly dues paid by union employees to such labor organization, as a contribution toward the administration of the agreement, as authorized in Section 13A-113(a)(3).

(c) Notwithstanding any other provision in this law, an individual employee may present a grievance at any time to his employer without the intervention of a labor organization, provided that the exclusive representative is afforded an effective opportunity to be present and to offer its view at any meetings held to adjust the complaint and that any adjustment made shall not be inconsistent with the terms of any applicable collective bargaining agreement. Such employee or employees who utilize this avenue of presenting personal complaints to the employer shall not do so under the name, or by representation, of a labor organization. Appeals of rights not subject to a grievance procedure, must, however, be appealed to the Personnel Board.

(d) In any instance where a collective bargaining agreement provides for retroactive pay for a period which exceeds one (1) year, the employee shall be entitled to interest calculated to the date of executed contract based upon the prevailing interest rate collected on County funds averaged over the period for which the interest is paid.

(e) Employees shall have the right to transfer up to one (1) day per year of annual leave to their respective union local for the purpose of union representation; provided, however, that the accumulation of annual leave of each union local shall not exceed the total number of hours normally worked by an employee in any one (1) year as prescribed in the salary plan outlining employee work week, leave, etc., and other conditions of work of each respective union local. The use of such leave shall be determined in accordance with procedures to be established by each union local and approved by the general membership of each respective union local at a general membership meeting. Said procedures shall not require any union member to transfer annual leave to the respective union local on terms not equal to that required to be transferred by other members of the union local. Upon the promulgation of procedures governing the use of leave for union purposes, each union local shall notify the Director of adopted procedures for leave use. Before use of leave, each union representative shall give reasonable notice to his or her supervisor of the need to use leave for union purposes.

#### Sec. 13A-104. Arbitration Proceedings

Prince George's County, Md., Code § 13A-104 (2026)

(a) Except as otherwise provided for in Division 1 of this Subtitle, the parties to a dispute relating to:

  (1) Representation matters (Sections 13A-105, 13A-106 and 13A-107);

  (2) Unfair labor practices and negotiability disputes (Sections 13A-110, 13A-113, 13A-114, and 13A-115); and

  (3) Impasse disputes (Sections 13A-111, 13A-111.01 and 13A-112) may submit the matter to arbitration.

(b) Powers and duties of arbitrator. Unless otherwise explicitly stated, the arbitrator presiding over any matter covered by Division 1 of this Subtitle may:

  (1) hold such hearings and make such inquiries as the arbitrator deems necessary to properly carry out the arbitrator's functions and powers;

  (2) administer oaths and affirmation;

  (3) examine witnesses and documents;

  (4) take testimony and receive evidence; and

  (5) compel attendance of witnesses and the production of documents by the issuance of subpoenas. However, the Arbitrator shall protect the confidentiality of documents so produced.

(c) Arbitrator selection.

  (1) An arbitrator, who is a member of the National Academy of Arbitrators, may be selected by agreement of the parties. If the parties have agreed to an arbitrator but the arbitrator is unable to serve and there is not mutual agreement to an alternate arbitrator, then the process in subparagraph (2) below shall apply.

  (2) If the parties are unable to agree to an arbitrator, then the party requesting arbitration shall file with the American Arbitration Association or the Federal Mediation and Conciliation Service a written request for a panel of nine arbitrators who are members of the National Academy of Arbitrators. If the parties are unable to agree to an arbitrator from the panel submitted, the parties, beginning with the party requesting arbitration, will alternately strike panel members until there is only one member remaining. The sole remaining panel member shall arbitrate the dispute.

(d) Hearings. Arbitration hearings shall be conducted in Prince George's County, Maryland unless otherwise agreed in writing by the parties. The arbitrator shall designate a time and place for the hearing and notify the parties not less than 20 days before the hearing.

(e) Rights at hearing. At the arbitration hearing, each party has the right to be heard, to present evidence material to the controversy, and to examine and cross-examine witnesses. Arbitrators are not bound by the technical rules of evidence.

(f) Written decision. The arbitrator shall issue a written decision on the dispute within 30 days after declaring the record closed unless the parties otherwise agree in writing.

(g) Costs shared. Each party shall bear its own expenses in connection with the arbitration proceedings. Except for cases involving representation matters, the parties shall share equally the cost of obtaining the panel as provided in subparagraph (c) of this Section and the fee and expenses of the arbitrator.

#### Sec. 13A-105. Selection of exclusive representatives

Prince George's County, Md., Code § 13A-105 (2026)

(a) The employer may not recognize, without an election, a labor organization as the exclusive representative for purposes of collective bargaining.

(b) Where, in accordance with the provisions set forth in paragraph (c) of this section, a petition has been filed:

  (1) By a labor organization, or in the case of decertification by an employee or group of employees, supported by evidence that at least 30% of employees in an appropriate unit:

    (A) Wish to be represented for collective bargaining by an exclusive representative; or

    (B) Assert that the certified labor organization is no longer the representative of the majority of the employees in the unit; or

  (2) Any labor organization shall be allowed to intervene upon the filing of a petition, which meets all of the requirements of Division 1 of this Subtitle, with the employer supported by evidence of at least 10% representation in said unit. If such intervener contends that the unit is inappropriate, it must present a 30% showing of interest with respect to the unit it alleges is appropriate.

(c) Petition for certification. A labor organization that seeks certification for purposes of collective negotiations as an exclusive representative shall file a petition for certification with the Director containing the following information and documentation:

  (1) a statement that the employee organization has as a primary purpose the representation of employees in their employment relations with the County;

  (2) a statement that the employee organization has no terms or conditions of membership which discriminate with regard to race, color, creed, sex, sexual orientation, age, political affiliation, disability, ancestry, or national origin;

  (3) a request that the County recognize the employee organization as the exclusive representative of the employees that the organization proposes for an appropriate representation unit;

  (4) a list containing each job class title to be included in the proposed appropriate representation unit; and

  (5) a statement that the labor organization has in its possession written proof dated within six months of the date on which the petition is filed that establishes that at least 30% of the employees in the proposed appropriate representation unit have designated the employee organization to represent them in their employment relations with the County. An electronic alphabetical list of authorizations shall be submitted. The written proof shall meet the following criteria:

    (A) The written proof must be signed and dated in the employee's own handwriting certifying that the employee has designated the labor organization to represent them in their employment relations with the County.

    (B) Written proof that meets the criteria set forth above must be submitted to the Director within five days of filing the petition.

(d) Filing of petition for certification; notice.

  (1) The petition shall be filed with and must be received by the Director only during the month of October.

  (2) On receipt of the petition, the Director shall give adequate and timely notice of the filing to the employees in the proposed appropriate representation.

  (3) Within ten days after the posting of the notice of the petition, any labor organization desiring to intervene must submit a petition meeting all applicable requirements of subparagraph (b)(2) and subparagraph (c) of this section.

  (4) Within 30 days of the filing date of the petition, the Director shall determine either that the proposed unit is an appropriate representation unit, that an alternative unit is the appropriate representation unit, or state that the petitioning appropriate unit is not eligible for certification pursuant to the provisions of Division 1 of this subtitle.

(e) Filing of petition for decertification; election.

  (1) A petition may be filed with and shall be received by the Director only during the month of October following the first full year of exclusive representation. A decertification petition for the same appropriate representation unit may not be received more frequently than every other year.

  (2) On receipt of a petition that meets all of the requirements of Division 1 of this Subtitle, the Director shall, no later than ten days after receipt of the completed petition, give notice of the filing of the petition to the employees in the effected representation unit.

  (3) A decertification petition alleging that an exclusive representative is no longer the majority representative of employees in an appropriate representation unit may be filed with the Director by an employee, a group of employees or their representative, or a labor organization. The petition shall be accompanied by written proof, dated within six months of the date on which the petition is filed of employee approval of the decertification equal to at least 30% of the employees in the representation unit. Said written proof must, upon submission, meet the requirements of subparagraph (c)(5) of this section.

  (4) Except as otherwise provided, the Director shall arrange for a secret ballot election to be conducted in accordance with Section 13A-107 of this subtitle. In the election, the employees in the unit shall be offered a choice between exclusive representation by the exclusive representative and no exclusive representation. If an intervener employee organization complies with all the provisions of this Section, the ballot shall offer a choice among the exclusive representative, an intervener employee organization, and no exclusive representation.

  (5) Determination of election results. The determination of election results shall be made in accordance with Section 13A-107 of this Subtitle.

  (6) Effect on collective bargaining agreements. Whenever a valid collective bargaining agreement is in effect on the effective date of decertification of an exclusive representative that is a party to the agreement, the County, covered employees and any new exclusive representative, are bound by that collective bargaining agreement during the remainder of the term of the agreement.

#### Sec. 13A-106. Appropriate unit

Prince George's County, Md., Code § 13A-106 (2026)

(a) In order to assure employees the fullest freedom in exercising the rights guaranteed by this law consistent with the joint responsibilities of both the employer and the employees to serve the public, the Director shall decide an appropriate unit for the purposes of collective bargaining in each case where certification is sought.

(b) In determining an appropriate unit, the Director shall take into consideration, but shall not be limited to, the following:

  (1) Community of interest;

  (2) The history of collective bargaining;

  (3) The desires of the employees;

  (4) The effectiveness and efficiency of labor management relations affected by the unit; and

  (5) The effects of over fragmentation and the effects on the efficiency of government operations.

(c) The Director shall not decide any unit is appropriate if such unit includes both supervisors and non-supervisors, or such unit includes both professional and nonprofessional employees, unless a majority of such professional employees vote for inclusion therein. Supervisors or professionals may be permitted to form their own separate homogenous units.

(d) This Section shall not be deemed to preclude multiunit bargaining.

(e) Arbitration regarding appropriate representation units.

  (1) Whenever the Director and the petitioning labor organization are in disagreement as to the determination of the appropriate representation unit, the issue shall be submitted to arbitration at the request of either party.

  (2) If the parties are unable to agree on an arbitrator within five days of the initial request, they shall make their selection from a list of five neutrals submitted by the American Arbitration Association. If the parties are unable to agree on the selection of one of the arbitrators within three workdays after receipt of the list, the County and the labor organization shall strike one name from the list alternately until one name remains. The remaining person shall be the arbitrator.

  (3) If the selected arbitrator is unable to serve, the arbitrator shall be appointed directly by the American Arbitration Association from the panel list originally submitted.

  (4) An arbitrator shall render a decision within 30 days after appointment unless the parties mutually agree otherwise. The arbitrator's decision shall not be subject to court review, except with respect to unit determinations that are alleged to be contrary to law.

  (5) The cost of obtaining the panel and the fees and expenses of arbitration shall be borne by the County.

#### Sec. 13A-107. Elections

Prince George's County, Md., Code § 13A-107 (2026)

(a) When an appropriate representation unit has been determined, the Director shall give adequate and timely notice of the determination to each employee in the newly established representation unit and shall arrange for a secret ballot certification election.

(b) Representation elections shall be conducted by the State or, if the State is unable to conduct the elections, an impartial agency selected by the mutual agreement of the parties. If an agreement cannot be reached, the impartial agency shall be designated by the Director. The entity conducting the election shall be subject to the provisions of this law and the terms and conditions of such election agreement as may be reached by the parties. Except as otherwise provided, such entity shall resolve all legal issues or controversies relating to the conduct of the election.

(c) Representation elections conducted pursuant to this Section shall be by secret ballot and shall be subject to the following:

  (1) All interested persons shall be given not less than 10 days notice of the time and place of the election.

  (2) In the election, the employees in the unit shall be offered a choice between exclusive representation by the petitioning employee organization and no exclusive representation. If an intervener labor organization has met all of the requirements of Division 1 of this subtitle, then the ballot shall offer a choice among the petitioning employee organization, the intervener employee organization and no exclusive representation.

  (3) A representative may not be certified unless it receives a majority of the valid ballots cast.

  (4) In an election where none of the choices on the ballot receive a majority, a runoff election shall be conducted, in which the ballot shall provide for a selection between the two choices or parties receiving the highest and second highest number of ballots cast in said election.

(d) The State, or other entity conducting the election, shall certify the results of said election within five working days after the final tally of votes if no objection to the election is filed by any person that there has been conduct which has affected the outcome of the election. If there is a prima facie showing that an objection may be valid, the State, or other entity conducting the election, shall order the Director to set a time for hearing on the matter after due notice, such hearing to be conducted within two weeks of the date of receipt of such charge. If the State, or other entity conducting the election, determines that the outcome of the election was affected, even if by third party interference, the State, or other entity conducting the election, shall require corrective action and order a new election. If the State, or other entity conducting the election, determines that the conduct alleged did not affect the outcome of the election, the State, or other entity conducting the election, shall immediately certify the election results.

(e) No election shall be conducted pursuant to this Section in any appropriate bargaining unit within which the preceding 12-month period an election shall have been held, nor during the term of any lawful collective bargaining agreement between the employer and a labor organization, except that this restriction shall not apply to that period of time covered by any collective bargaining agreement which exceeds three years. For the purposes of this Section, extensions of agreement shall not affect the expiration date of the original agreement. Where a valid collective bargaining agreement is in existence, a petition regarding representation may be filed only during the period beginning October 1 and ending on October 31 of the fiscal year in which said agreement will terminate.

#### Sec. 13A-108. Rights accompanying exclusive recognition

Prince George's County, Md., Code § 13A-108 (2026)

(a) The labor organization which has been certified pursuant to Division 1 of this Subtitle shall be the exclusive representative of all employees in the unit and as such shall have the right to act for and negotiate agreements covering all employees in the unit and shall be responsible for representing the interest of all such employees without discrimination and without regard to membership in the labor organization.

(b) When the collective bargaining agreement provides for a grievance procedure, only that procedure shall be applicable to the employees in the unit.

(c) Where a labor organization has been certified as the exclusive representative of the employees in a unit, it shall be the only labor organization eligible to obtain an agreement from the employer to deduct from the pay of those employees in the unit, who provide written authorization, any fees designated or certified by the appropriate officer of the labor organization and to remit said fees to said labor organization, provided that any such authorization shall not be irrevocable for a period of more than one year or beyond the termination date of the applicable collective bargaining agreement, whichever occurs sooner.

#### Sec. 13A-109. Negotiations

Prince George's County, Md., Code § 13A-109 (2026)

(a) The employer and the exclusive representative shall meet at reasonable times, including meetings in advance of the employer's budget-making process, and shall negotiate in good faith with respect to wages, hours and other terms and conditions of employment which are subject to negotiation under this law and which are to be embodied in a written agreement, or any question arising thereunder, but such obligation shall not compel either the employer or the exclusive representative to agree to a proposal or require the making of a concession. The County Executive, or his designated authorized representative(s), shall represent the employer in collective bargaining, except as otherwise provided herein. Where a collective bargaining agreement pertains to fire fighters, the President of the Prince George's County Volunteer Fire Association and the Chairman of the Prince George's Fire Commission shall be notified of all negotiations between the County and the fire fighters union and the County Executive or his designated representative shall, prior to concluding negotiations, meet and confer with the President of the Volunteer Fire Association or his representative and the Chairman of the Fire Commission or his representative who shall be a Fire Commissioner. The purpose of said conference or conferences shall be to apprise the President and Chairman of the terms of the proposed contract so that an opportunity is afforded the Volunteer representatives to advise the Executive of any concerns the proposed contract may have on the volunteer service.

(b) The employer shall not be obligated to negotiate with respect to those Countywide matters which must necessarily be uniform for all employees, such as a Countywide pension plan or reductions-in-force, unless a labor organization or council or group of labor organizations represent more than 50 percent of all employees, within the meaning of this law, subject to such uniform rules. However, the foregoing shall not prevent the employer from meeting with any other labor organization for the purpose of hearing the views and requests of its members on such matters, provided that the organization or council or group designated as representing more than 50 percent of such employees is informed in advance of the meeting, and any changes in the terms of such Countywide matters is effected only through negotiations with it; or be construed to deny to the employer or an exclusive representative the right to bargain for a variation of a particular application of any Countywide policy or variation of an agreement reached pursuant to these provisions, where considerations are special and unique to the class of employees or unit involved. Disputes over the identification of matters "which must necessarily be uniform" may be resolved pursuant to the procedures provided in Section 13A-111.

(c) Because effective and orderly operations of government are essential to the public, it is declared to be in the public interest that in the course of collective bargaining, the employer and the exclusive representative shall make every reasonable effort to conclude negotiations no later than March 1 of each year, and shall include provisions for an effective date, a reopening date, and an expiration date. Where an agreement is a multiyear agreement, negotiations thereon should be concluded by March 1 of the year in which the existing agreement will expire. With respect to matters requiring the appropriation of funds, the effective date of an agreement shall coincide with the employer's fiscal year.

(d) An agreement may contain a grievance procedure culminating in final and binding arbitration of grievances and disputed interpretations of such agreement. The grievance procedure shall set forth requirements for an election of remedies where other avenues of appeal may be equally available. The employer is authorized to agree, in his discretion, to voluntary binding arbitration with respect to negotiation impasse, which involves employees other than protective service employees. Negotiation impasses involving protective service employees are covered separately by the procedures contained in Section 13A-111.01.

(e) Any agreement reached by the negotiators shall be reduced to writing and shall be executed by both parties. Such agreement shall be valid and enforced under its terms when entered into, in accordance with the provisions of this law and County Charter.

(f) A request for funds necessary to implement such written agreement and for approval of any provision of the agreement which is in conflict with any County Law, Ordinance, Rule or Regulation, including those adopted by its agents such as the Personnel Board, or other action adopted by the employer with the force of law, shall be submitted to the County Council by the employer within the time schedule provided in the agreement. The County Council, except for agreements covering protective service employees governed by Section 13A-111.01 and Section 908 of the County Charter, may approve or reject such request as a whole. If the submission is rejected, the entire agreement shall be returned to the parties for further bargaining and either party may reopen all or part of the agreement. Rejection shall be accompanied by a detailed statement of the reasons therefor, so that the parties may be properly guided when they resume bargaining. Such request shall be considered rejected if the Council fails within ninety (90) days after submission to said body to take final action thereon. Failure by the bargaining representative of the employer to submit request within the designated time period shall be considered an unfair labor practice committed by the employer.

(g) If upon approval of the County Council, there is a conflict between the collective bargaining agreement and any rule or regulation adopted by the employer, including merit system or other personnel regulations, the terms of such agreement shall prevail, except where specifically precluded by Charter or State law. Similarly, County Council, upon approval of such agreement, shall enact such legislation and appropriate whatever funds are required to comply with the collective bargaining agreement.

(h) The employer shall have the obligation to bargain on matters which, although otherwise within the scope of bargaining, require action by a body, agency, or official other than the County Executive or the County Council. In addition, the employer shall have the obligation to bargain on the question of whether it should request such body, agency or official to take such action or support such request, provided, however, that no impasse panel or other third party neutral utilized for impasse resolution shall be empowered to recommend that the employer make or support such a request.

(i) If the provisions of the Constitution or By-Laws of the exclusive representative require ratification of a collective bargaining agreement by its membership, only those members who belong to the bargaining unit involved shall be entitled to vote on such ratification notwithstanding such provisions.

(j) At least one representative of the exclusive representative shall be given reasonable time off without loss of compensation during normal working hours to participate in collective bargaining, subject to such terms as an agreement between the parties may provide.

#### Sec. 13A-110. Negotiability disputes

Prince George's County, Md., Code § 13A-110 (2026)

(a) General. A negotiability dispute shall exist when a labor organization and an employer disagree on whether the collective bargaining agreement, applicable rules or regulations, this law, other law or the County Charter, as the case may be, prohibits bargaining with respect to a specified matter. For the purposes of this law, a negotiability dispute shall not refer to the situation where a party refuses to bargain as a matter of choice and not as the result of a purported legal or contractual prohibition or to the situation where the parties are unable to agree upon the terms of a collective bargaining agreement, insofar as the issue in dispute is not "what is negotiable."

(b) Grievances. An issue which involves the interpretation of a controlling agreement in existence shall be resolved under the procedures of the controlling agreement. Additionally, disputes over what is subject to a grievance procedure and what is arbitrable under such procedure shall not be resolved under the procedures set forth in this Section.

(c) Procedure.

  (1) If a negotiability dispute arises during collective bargaining, the issue shall be submitted to arbitration at the request of either party. However, the parties shall submit a sworn statement verifying that a tentative agreement has been reached on all items of negotiations except those presented to the arbitrator, or, if this is not the case, a statement indicating why an agreement has not been reached on such other matters and why the Arbitrator nevertheless should assert jurisdiction.

  (2) An Arbitrator, while dealing with an impasse, may invoke the provisions of this Section, pursuant to Section 13A-111(c)(1), without the consent of the parties.

  (3) The parties, upon request of the Arbitrator, or in petitioning the Arbitrator to settle the dispute, shall stipulate the precise issue to be resolved. Each party shall file within 5 days after the submission of such stipulation, a brief supporting its position along with proof of service of a copy of such brief to all parties.

  (4) If the parties cannot agree on a stipulation after reasonable attempts to do so, each shall file a written statement as to what it believes the issue to be, why agreement could not be reached on phrasing of the issue, what attempts were made to reach a stipulation and a brief in support of its position on the issue in dispute.

(d) Powers of the Arbitrator. In addition to the powers set forth in Section 13A-104(b), the Arbitrator, at his or her discretion, may:

  (1) Request the parties to file reply briefs;

  (2) Refuse to entertain the matter, or a part thereof, and return the dispute to the parties;

  (3) Rephrase the issue and request the parties to submit additional briefs;

  (4) Call upon mediation or fact-finding to be used by the parties prior to the Arbitrator's acceptance of the case;

  (5) Compel the parties to continue bargaining while the Arbitrator is trying to resolve the issue; or

  (6) Render a decision on the issue, in whole or in part.

(e) Arbitration Procedures upon acceptance of the issue.

  (1) The Arbitrator may decide the issue on the record or, after having notified the parties its phrasing of the issue to be resolved, may hear oral argument. Before, during, or after formal proceedings, the Arbitrator may request evidence of added briefs on specified items.

  (2) The Arbitrator may invite as participants, experts, witnesses and others who may have an interest, direct or indirect, in the disputed issue or whose participation may assist the Arbitrator in reaching a determination. The Arbitrator may also grant requests for the appearance of witnesses and the production of documents or records. The Arbitrator may also take or cause to be taken depositions. Failure to comply with such requests shall be subject to the sanctions applicable to unfair labor practices.

  (3) An issue once submitted to the Arbitrator may be withdrawn only upon consent of the Arbitrator and subject to whatever conditions the Arbitrator may prescribe.

(f) The Arbitrator 's Decision.

  (1) The Arbitrator may issue a statement, accompanied by reasons therefor, indicating whether an item in dispute is negotiable. The statement may be accompanied also, when the Arbitrator deems necessary, by an order directing the parties to take or pursue the actions specified in the order. The Arbitrator by means of such order may compel the parties to bargain on such matter. The Arbitrator may also determine, subject to the procedures set forth in Sections 13A-113 and 114, that an unfair labor practice has been committed and may also provide remedies therefor.

  (2) To minimize the potential recurrence of similar disputes, the Arbitrator shall publish periodically such decisions and shall distribute copies to all employers within the meaning of this law and to all labor organizations that have attained exclusive recognition.

#### Sec. 13A-111. Procedures pertaining to collective bargaining impasses other than those involving protective service employees

Prince George's County, Md., Code § 13A-111 (2026)

(a) General.

  (1) If after a reasonable period of negotiation over the terms of an agreement, a dispute exists between the employer and an exclusive representative with whom it is negotiating, the parties may mutually agree that an impasse has been reached. If a dispute exists as of March 1, an impasse shall automatically be considered to have been reached provided that the employer and the exclusive representative may, by written agreement, extend the period for collective bargaining beyond the last day of February, in which event an impasse shall exist if, by the first calendar day after the end of any period of extension, the parties have failed to reach agreement.

  (2) Whenever an impasse has been reached, the dispute shall be submitted to mediation. If the parties are unable to agree on the mediator, the Federal Mediation and Conciliation Service shall be requested to provide a mediator.

  (3) If an impasse is not resolved within 30 days after the matter has been submitted to mediation, either party may initiate arbitration.

  (4) An Impasse Arbitrator shall have power to mediate, hold hearings, compel the attendance of witnesses and the production of documents, review data, make public any recommendations or findings after notice to the parties and take whatever action the Arbitrator considers necessary to resolve the impasse, provided that such action does not impose a final and binding settlement on the parties except as mutually authorized by the parties, or except where the Impasse Arbitrator has denied a labor organization the right to strike and has in its discretion required compulsory binding arbitration. In such cases, the decision of the Impasse Arbitrator shall be submitted to the Council for approval. An arbitrator acting as a mediator shall not act as a fact finder or arbitrator in the same matter without the consent of the parties.

  (5) Confidential information disclosed by the parties to a mediator in the performance of the mediator's functions shall not be divulged voluntarily or by compulsion. All files, records, reports, documents or other papers received or prepared by a mediator while serving in such capacity shall be classified as confidential. The mediator shall not produce any confidential records of, or testify in regard to, any mediation conducted on behalf of any party to any case pending in any type of proceeding. A party shall have the right to bar an arbitrator who becomes privy to confidential information about that party gained through mediation techniques, from serving in any fact finding or arbitration role relevant to that dispute.

(b) Action by the Parties.

  (1) The employer shall have the power to enter into a written agreement with the exclusive representative setting forth an impasse procedure to resolve disputes over the terms or conditions of an initial or renewed collective bargaining agreement.

  (2) The employer, by collective bargaining agreement or by written memorandum, may at any time agree to submit any or all of the issues in dispute to final and binding arbitration.

  (3) Any final and binding settlement imposed upon the parties shall be subject to the same conditions for approval as set forth in Section 13A-109.

(c) Procedures.

  (1) The Impasse Arbitrator, except as otherwise provided by mutual agreement of the parties, may return the parties to collective bargaining for any or all items in dispute or may refer such items as deemed necessary to the procedure outlined in Section 13A-110 with respect to deciding the negotiability of a matter within the meaning of this law, other applicable laws and the County Charter.

  (2) Nothing shall preclude a third party neutral from returning to mediation even after the institution of fact-finding or arbitration, or from utilizing such mediation techniques as may be appropriate while engaged in fact finding or arbitration.

  (3) The Impasse Arbitrator may not make recommendations or findings upon any matter which requires implementation by a body, agency or official which is not a party to the negotiations and who have not agreed to be a party to such impasse resolution.

  (4) From the date on which a collective bargaining notice is filed and ending on the date on which a collective bargaining agreement is concluded or, if impasse procedures have been invoked, until such time as the Arbitrator has certified that it or other authorized parties have terminated efforts to resolve the dispute, the labor organization party to the negotiations and the public employees it represents, shall not induce or engage in any strikes, and the employer shall refrain from unilateral changes in wages, hours or working conditions.

(d) Notwithstanding any other provision of this Section or Subtitle, any clause in a collective bargaining agreement which sets forth procedures for a reduction-in-force, layoff, and recall, and/or guarantees against a reduction-in-force or a furlough of employees subject to that agreement, shall expire on the date that agreement expires by its express terms. If a collective bargaining agreement, which has remained in effect beyond its expiration date, provides for an annual merit increase for employees, payment of such increase shall be eliminated unless provided for in a successor bargaining agreement.

(e) Costs. The costs for mediation shall be borne by the County. All other costs shall be borne equally by the parties involved in the dispute, except in the unusual event the Impasse Arbitrator shall find that the impasse has been caused or prolonged by flagrant conduct of one of the parties.

#### Sec. 13A-111.01. Procedures pertaining to collective bargaining impasses involving protective service employees

Prince George's County, Md., Code § 13A-111.01 (2026)

(a) An impasse in collective bargaining shall exist if, by March 1 of the calendar year in which a collective bargaining agreement covering sworn police officers, uniformed firefighters, correctional officers, and deputy sheriffs (hereinafter "protective service employees") expires, the County and the organization recognized as the exclusive collective bargaining representative for such employees (hereinafter "Exclusive Representative") have failed to reach agreement in regard to wages, hours, and other terms and conditions of employment, provided that the County and the exclusive representative may, by written agreement, extend the period for collective bargaining beyond the last day of February, in which event an impasse shall exist if, by the first calendar day after the end of any period of extension, the parties have failed to reach agreement.

(b) An arbitrator, who is a member of the National Academy of Arbitrators, may be selected by agreement of the parties. Within three (3) calendar days after there is an impasse in collective bargaining, and if there is not mutual agreement of the parties for an arbitrator selection, the County Executive shall send a written notice to the American Arbitration Association (hereinafter "AAA"), with a copy to the exclusive representative, informing them of the impasse and requesting that the disputed matters be submitted to an arbitrator who shall make findings of fact and propose terms of settlement which shall be binding upon the parties. This notice shall also request a panel of arbitrators as set forth in Section 13A-104 (c). If the County Executive fails to send the aforesaid notice within the time allowed, the exclusive representative may send such a notice to the AAA and, for purposes of this Section, the notice shall have the same effect as if it had been sent by the County Executive.

(c) Within five (5) calendar days after receipt of the written notice provided for in Subsection (b), above, the AAA shall provide the parties with a list of nine neutral arbitrators who are members of the National Academy of Arbitrators and who are familiar with impasse disputes and interest arbitration .

  (1) Alternative arbitrator lists. If the American Arbitration Association is unable to satisfy the requirements of subsection (c), the parties shall:

    (A) agree to accept a list of fewer than nine arbitrators; or

    (B) request from the Federal Mediation and Conciliation Service a supplementary or alternative list of neutral labor arbitrators who are members of the National Academy of Arbitrators, familiar with impasse disputes and within the time frames set forth in this Subsection.

  (2) Selection of an Arbitrator. The parties shall select the neutral arbitrator by:

    (A) tossing a coin to determine which party shall strike the first arbitrator from the list or lists provided under subsection (1) of this Section; and

    (B) after the first strike, alternately striking names from the list or lists provided under subsections (1) until one arbitrator remains.

  (3) Alternative neutral arbitrator. If the neutral arbitrator selected under subsection (2) above is unwilling or unable to serve as the arbitrator, then the parties shall select the arbitrator whose name was the last stricken under subsection (2) above.

(d) Within two (2) calendar days after an arbitrator has been selected, the County Executive shall send written notice to AAA, or if applicable the Federal Mediation and Conciliation Service ("FMCS"), of the selection. Within five (5) calendar days of said notice, the County Executive and the exclusive representative each shall submit to the arbitrator and the other party, a list which sets forth:

  (1) Any agreement which that party contends the parties have reached in regard to any position of each subject of bargaining, the party's understanding of such agreement, and if the agreement has been reduced to writing, a copy of the document in question; and

  (2) Any portion of each subject of bargaining in regard to which it contends the parties have not reached agreement and its position in regard to such disputed portion. As used in this Section, the phrase "subject of bargaining" means a subject matter area (e.g., a grievance procedure) and not the specific items within a subject matter area (e.g., a grievance procedure) and not the specific items within a subject matter area (e.g., the number and nature of the steps in a grievance procedure).

(e) Within seven (7) calendar days after receipt of the submissions provided for in Subsection (d), above, the arbitrator shall hold a prehearing conference with the County Executive and the exclusive representative in order to identify any portion of each subject of bargaining in regard to which the parties:

  (1) Have reached agreement and the nature of such agreement; and

  (2) Have not reached agreement and the nature of the dispute.

At this prehearing conference, the arbitrator also shall obtain from the County Executive and the exclusive representative, their position in regard to any portion of each subject of bargaining as to which the parties have not reached agreement. This position shall be referred to as the party's "final position" and need not be the same as the position set forth in the list submitted pursuant to Subsection (d), above.

(f) If the impasse is not resolved prior to the conclusion of the prehearing conference, the arbitrator shall schedule a hearing in Prince George's County to begin as soon thereafter as possible, but in no event more than twenty (20) calendar days after the conclusion of the prehearing conference. Said hearing shall be open to the public and shall be conducted in accordance with rules and regulations adopted by the AAA for such purpose, provided that the arbitrator shall have the powers set forth in Section 13A-104(b).

(g) If the impasse is not resolved prior to the conclusion of the hearing, the arbitrator shall prepare a written report, which shall include findings of fact and conclusions to which shall be attached a collective bargaining agreement between the County and the exclusive representative. This collective bargaining agreement shall include all agreements reached by the parties at any time prior to the conclusion of the hearing in regard to any portion of each subject of bargaining or other matter, and the final position of either the County or the exclusive representative in regard to the entire disputed portion of each separate subject of bargaining. In determining, for each separate subject of bargaining, whether to include in the collective bargaining agreement the final position of the County or the exclusive representative in regard to the entire disputed portion of each such subject of bargaining, the arbitrator shall consider, among other relevant factors, the following:

  (1) The existing terms and conditions of employment of the employees in the bargaining unit;

  (2) The ability of the County to meet costs, including both available financial resources and sources of additional financial resources;

  (3) (A) The annual increase or decrease in consumer prices for goods and services as reflected in the most recent Consumer Price Index for the Washington Metropolitan Area published by the Bureau of Labor Statistics, United States Department of Labor, commonly known as the cost of living;

    (B) The cost of living in the Washington, D.C. Metropolitan Area as compared to the national average and to other comparable metropolitan areas;

  (4) The developments in regard to the wages and terms and conditions of employment of other employees performing similar services in other jurisdictions in the Washington Standard Metropolitan Statistical Area and comparable communities;

  (5) The special nature of the work performed by the employees in the bargaining unit, including specifically, hazards of employment, physical requirements, educational qualifications, job training and skills, shift assignments and the demands placed upon such employees as compared to other County employees; and

  (6) The interest and welfare of the public and the employees in the bargaining unit.

The contract as arbitrated shall not, under any circumstances, provide for salaries and other benefits, which exceed the County's ability to pay or fund.

(h) (1) The arbitrator shall submit the report to the County Executive and the exclusive representative within twenty (20) calendar days after the conclusion of the hearing, or the date established for the submission of post-hearing briefs, whichever is later, but in no event more than ninety (90) calendar days from the date of submission of the impasse to arbitration pursuant to Subsection (b), above, provided that for a good cause shown, the arbitrator may defer the aforesaid submission for up to thirty (30) additional calendar days.

  (2) At the request of either party, the arbitrator may extend by one week the seven (7) day time limit in Subsection (e), the 20 day time limit in Subsection (f) or the 20 day time limit in Subsection (h)(1) so long as the arbitrator stays within the overall time limits contained in Subsection (h)(1), above.

(i) The County Executive and the exclusive representative shall have ten (10) calendar days after receipt of the report of the arbitrator pursuant to Subsection (h), above, within which to agree in writing upon any modifications in collective bargaining agreement attached to such report. At the end of said ten (10) day period, the collective bargaining agreement, with any agreed-upon modifications, shall become binding upon the County and the exclusive representative (including the individual employees in the bargaining unit), and each shall be required to take all actions necessary to implement said agreement.

(j) Within thirty (30) calendar days after receipt of the arbitrator's report pursuant to Subsection (h), above, the County or the exclusive representative may file a complaint in the Circuit Court for Prince George's County challenging said report, or any part thereof. The filing of such complaint shall not stay the implementation of the report, or any part thereof. The Court shall affirm the report unless the challenging party makes a clear and convincing showing that its rights or interests have been prejudiced because the report, or any part thereof, is:

  (1) In violation of a constitutional or statutory provision;

  (2) In excess of the authority conferred upon the arbitrator by this Section;

  (3) Arbitrary or capricious; or

  (4) The result of a hearing which was conducted in such a biased or unfair manner as to deny due process to the challenging party. The Court, upon notice and hearing, may vacate the arbitrator's report, or any part thereof, for one or more of the above reasons and remand the matter to the AAA for further proceedings, provided that if the AAA returns the matter to arbitration, the person designated as the arbitrator shall not, without the consent of the County and the exclusive representative, be the same person who served as arbitrator previously. If any provision of the arbitrator's report shall be vacated by the Court, such action shall not affect the validity or enforceability of any other provisions of the arbitrator's report. The Court shall have no power to enjoin the implementation of any part of the report that has not been vacated, or to itself modify the report, or any part thereof.

(k) If no complaint challenging the arbitrator's report (award) is filed within 30 calendar days after receipt of such report, the arbitrator's findings and award shall be conclusive and shall not thereafter be subject to challenge in any judicial proceeding. At any time after said 30 day period, the exclusive representative or the County may apply to enforce said arbitrator's award.

(l) Nothing contained in this Section shall prevent a court from granting a restraining order or temporary or permanent injunction in a case involving a strike by protective service employees for the purpose of resolving a dispute that is subject to arbitration under this Section.

(m) If a collective bargaining agreement covering protective service employees expires after the exclusive representative has given the County notice of its desire to enter into collective bargaining for a successor agreement but before a successor agreement becomes effective, the County shall not, without the written approval of the exclusive representative, make any changes in the wages and terms and conditions of employment of the employees in the bargaining unit between the aforesaid expiration and the effective dates.

(n) Notwithstanding any other provision of this Section or Subtitle, any clause in a collective bargaining agreement which sets forth procedures for a reduction-in-force, layoff, and recall, and/or guarantees against a reduction-in-force or a furlough of employees subject to that agreement, shall expire on the date that agreement expires by its express terms. If a collective bargaining agreement, which has remained in effect beyond its expiration date, provides for an annual merit increase for employees, payment of such increase shall be eliminated unless provided for in a successor bargaining agreement.

(o) The AAA, or if applicable FMCS, is authorized to adopt, amend, and rescind such rules and regulations as may be necessary for it to carry out its functions under this Section, and such rules and regulations shall be controlling to the extent that they do not conflict with the provisions of this Section.

(p) All hearings referred to herein shall be held within the territorial jurisdiction of the County. The records incidental to such hearing and decisions shall be maintained within the County under the supervision and control of the AAA. Upon termination of a case, all records shall become property of the County and shall be maintained by the Director.

#### Sec. 13A-112. Strikes

Prince George's County, Md., Code § 13A-112 (2026)

(a) It shall be lawful for an employee, who is in the appropriate bargaining unit involved in an impasse, to strike if:

  (1) The employee is not included in an appropriate bargaining unit for which the process for resolution of a dispute is by referral to final and binding arbitration;

  (2) The Impasse Arbitrator has certified that he or she or other authorized parties have terminated efforts to resolve the impasse and that all appropriate impasse procedures have been exhausted;

  (3) Thirty (30) days have elapsed since the County Council has tried to resolve the dispute and to reach an agreement; or if 60 days have elapsed since the Arbitrator's certification required in Section 13A-112(a)(2);

  (4) The exclusive representative has given to the Arbitrator and to the employer, after the time specified in Section 13A-112(a)(3), a 10-day notice of intent to strike.

(b) Where the strike threatened or when the strike occurring reaches the point where the public health or safety is alleged to be endangered, the employer may petition the Arbitrator to make an investigation to verify the dangers alleged. The Arbitrator shall set requirements that must be complied with to avoid or remove any such imminent or present danger or may require that all employees cease striking. In establishing such requirements, the Arbitrator shall give strong weight to any agreement reached by the parties designating which employees shall be considered essential in the event of a strike.

(c) No labor organization shall declare or authorize a strike of employees, which is or would be in violation of this Section. The employer may apply to the Arbitrator for a declaration that the strike is or would be unlawful and the Arbitrator after affording the labor organization a reasonable opportunity to be heard on the application, may make such a declaration. No labor organization may engage in a strike to assist another labor organization, even if the latter organization is engaged in a lawful strike.

(d) The Arbitrator may order the parties involved to engage in such impasse procedures as it may deem appropriate during the course of a strike, regardless of the legality of the strike.

(e) An unfair labor practice by the employer shall not be a defense to a prohibited strike.

(f) No employee shall be entitled to pay or compensation from the employer for the period engaged in any strike, except when such pay or compensation is directed by the Arbitrator for good cause shown.

#### Sec. 13A-113. Unfair labor practices

Prince George's County, Md., Code § 13A-113 (2026)

(a) The employer, its agents or representatives are prohibited from:

  (1) Interfering, restraining, or coercing employees in the exercise of the rights guaranteed by this law;

  (2) Dominating, interfering, or assisting in the formation, existence or administration of any labor organization, or contributing financial or other support to it, except that an employer shall not be prohibited from permitting employees to negotiate or confer with it during working hours without loss of time or pay;

  (3) Discriminating in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization; provided that nothing in this law or in any other law of this County shall preclude an employer from making an agreement with an exclusive representative (not established, maintained or assisted by any action defined in this subsection as an unfair labor practice) to require as a condition of employment the payment of a monthly service charge, in an amount not greater than the regular monthly dues to such labor organization, as a contribution toward the administration of the agreement, except that discharge of employees who fail to comply with such a contractual requirement shall not be accomplished until the employer and the employee have been given proper notice of such delinquency and adequate time to correct the deficiency nor until the employer has afforded the employee sufficient opportunity, protected by the requirements of due process, to defend against the petition for discharge;

  (4) Discharging or otherwise discriminating against an employee because he has signed or filed an affidavit, petition or complaint or given any information or testimony under this law;

  (5) Refusing to bargain collectively in good faith with the exclusive representative as required in Section 13A-109;

  (6) Refusing to participate in good faith in the mediation, fact finding or arbitration procedures set forth in Section 13A-111 or 13A-111.01, whichever may be applicable; or

  (7) Refusing or failing to comply with any provision of this law.

(b) Employees, labor organizations, their agents or representatives are prohibited from:

  (1) Interfering with, restraining, or coercing employees in the exercise of the rights guaranteed by this law;

  (2) Causing or attempting to cause an employer to discriminate against an employee in violation of Section 13A-113(a)(3);

  (3) Refusing to bargain collectively in good faith with an employer if they have been designated in accordance with the provisions of this law as the exclusive representative of employees in an appropriate unit;

  (4) Refusing to participate in good faith in the mediation, fact finding or arbitration procedures set forth in Section 13A-111 or 13A-111.01, whichever may be applicable; or

  (5) Refusing or failing to comply with any provision of this law;

  (6) Engaging in a strike which is not lawful within the meaning of Section 13A-112;

  (7) Calling, instituting, maintaining, or conducting a strike or boycott against any employer or picketing any place of business or an employer on account of any jurisdictional controversy; or

  (8) Engaging in, or inducing or encouraging any individual employed by any person to engage in a strike or refusal to handle goods or perform services, or threatening, coercing, or restraining any person where an object thereof is to force or require any employer to cease delaying or doing business with any other person or to force or to require an employer to recognize for recognition purposes a labor organization not certified pursuant to Division 1 of this Subtitle.

(c) The expressing of any views, arguments, or opinions, or the dissemination thereof, whether in written, printed, graphics, or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions of Division 1 of this Subtitle, if such expression contains no threat of reprisal or force or promise of benefit, or misrepresentation of fact.

#### Sec. 13A-114. Procedure concerning unfair labor practices

Prince George's County, Md., Code § 13A-114 (2026)

(a) Any allegation that a person has engaged in an unfair labor practice shall be submitted to arbitration pursuant to the procedures set forth in Section 13A-104. The allegation shall be filed with the Director within forty-five (45) days after the person became or reasonably should have become aware of the alleged violation. The complaint shall include a detailed description of the facts and issues involved and the relief sought.

(b) In applying this Section, fundamental distinctions between private and public employment shall be recognized and no body of Federal or State law, applicable wholly or in part to private employment, shall be regarded as binding or controlling precedent.

(c) If upon the preponderance of the testimony taken the Arbitrator shall be of the opinion that any person named in the complaint has engaged in or is engaging in an unfair labor practice, then the Arbitrator shall state his or her findings of fact and shall issue and cause to be served on such person an order requiring that he or she cease and desist from such unfair labor practices and to take such affirmative action, including reinstatement with or without back pay, as will effectuate the policies of this law. Such order may further require such person to make reports from time to time showing the extent to which he has complied with the order. The Arbitrator may require, in situations where employer conduct has destroyed a reasonable opportunity for a fair and free election, recognition to be granted to the labor organization so deprived. The Arbitrator's remedial powers shall not be limited to the effects of the immediate case and may be designed to prevent future unfair labor practices, notwithstanding the penal nature of such requirement.

(d) If the preponderance of evidence has not shown that the person named in the complaint has engaged in or is engaging in any such unfair labor practice, then the Arbitrator shall state its findings of facts and shall issue an order dismissing the said complaint.

(e) Findings of the Arbitrator shall be conclusive and binding upon the parties unless a petition for relief, in whole or in part, from the Arbitrator's order is filed properly with the Clerk of the Circuit Court for Prince George's County within 30 days after the issuance of such order and unless said Court finds that the Arbitrator's decision or order was not supported by substantial evidence. No objection that has not been urged before the Arbitrator shall be considered by the Court unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. Except as otherwise provided by law, the Arbitrator's decision shall not be subject to court review.

(f) The complaining party shall have the power to petition the Circuit Court for Prince George's County for enforcement of the Arbitrator's order and for appropriate temporary relief or restraining order. However, such a petition shall not reopen the propriety of the Arbitrator's decision and order if appeal for judicial reviews was not timely filed.

#### Sec. 13A-115. Financial reports to employees

Prince George's County, Md., Code § 13A-115 (2026)

Each labor organization, which has members who are employees within the meaning of this law, shall keep an adequate record of its financial transactions, including all payments and receipts, and shall, within 60 days after the end of its fiscal year, make available annually to such employees a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by a certified public accountant. The records of each labor organization shall be made available upon request for examination by any member of said organization during regular business hours. In the event of failure of compliance with this Section, any employee within the organization may petition, in accordance with the procedures set forth in Section 13A-104, for an order compelling such compliance. An order of the Arbitrator on such petition shall be enforceable in the same manner as other orders of the Arbitrator under this law.

#### Sec. 13A-116. Adoption by another entity

Prince George's County, Md., Code § 13A-116 (2026)

If the governing body of any municipality, governmental office, agency, department or nonprofit entity not otherwise subject to a labor relations system established by law, but who performs substantial functions within the County, adopts by appropriate resolution its labor code, the Board and its component Panels shall assert its jurisdiction and powers over such body to the extent provided in that resolution, provided that such governmental unit shall bear the administrative costs involved. Whenever the provisions of this Code refer to employer or to a legislative body, such terms shall refer to the appropriate body of the municipality or agency that has adopted this Code as its code.

### Division 2. Minimum Wage

#### Sec. 13A-117. Payment of minimum wage required

Prince George's County, Md., Code § 13A-117 (2026)

(a) Except as provided in the Maryland Wage and Hour Law, as of October 1, 2014, the minimum wage required to be paid to any employee by any employer in Prince George's County shall be $8.40 per hour, or the minimum wage pursuant to the Maryland Wage and Hour Law or the Fair Labor Standards Act, whichever is greater. The term "employer" includes a person who acts directly or indirectly in the interest of another employer with an employee and includes a governmental unit.

(b) As of October 1, 2015, the minimum wage required to be paid to any employee by any employer in Prince George's County shall be $9.55 per hour, or the minimum wage pursuant to the Maryland Wage and Hour Law or the Fair Labor Standards Act, whichever is greater.

(c) As of October 1, 2016, the minimum wage required to be paid to any employee by any employer in Prince George's County shall be $10.75 per hour, or the minimum wage pursuant to the Maryland Wage and Hour Law or the Fair Labor Standards Act, whichever is greater.

(d) As of October 1, 2017, the minimum wage required to be paid to any employee by any employer in Prince George's County shall be $11.50, or the minimum wage pursuant to the Maryland Wage and Hour Law or the Fair Labor Standards Act, whichever is greater.

(e) Exclusions. The County minimum wage requirements shall not apply to an employee who:

  (1) is exempt from the minimum wage requirements of the Maryland Wage and Hour Law or the Fair Labor Standards Act; or

  (2) is an individual under the age of 19 years and is employed no more than twenty (20) hours in a week.

(f) Tipped wages. The computation of tipped wages for the minimum wage required under this Section shall be the same as the manner of computation of tipped wages in Section 3-419, Labor and Employment Article, Annotated Code of Maryland (the Maryland Wage and Hour Law).

(g) Minimum Wage Index.

  (1) Subject to subsection (h) of this section and except as provided in paragraph (3) of this subsection, for the 12-month period beginning January 1, 2026, and each subsequent 12-month period, the minimum wage rate is the minimum wage rate in effect for the immediately preceding 12-month period and the lesser of:

    (A) The average percentage growth in the Consumer Price Index for the immediately preceding 12-month period, as determined by the Director of Finance under paragraph (2); or

    (B) five percent (5%).

  (2) Beginning September 1, 2025, and each September 1 thereafter, the Director of Finance shall determine and announce the average percentage growth, if any, in the Consumer Price Index based on the immediately preceding 12-month Period for which data is available on September 1. The Director of Finance shall utilize the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria area published by the Federal Bureau of Labor Statistics.

  (3) If the Director of Finance determines that there is a decline or no growth in the Consumer Price Index, the minimum wage rate shall remain the same as the rate that was in effect for the immediately preceding 12-month period.

(h) Temporary Suspension of Minimum Wage Indexing Due to Negative Employment Growth.

  (1) Subject to paragraph (4) of this subsection, on or before September 1, 2025, and September 1 each year thereafter, the Director of Finance shall determine whether the seasonally adjusted total employment from the Current Employment Statistics series as reported by the U.S. Bureau of Labor Statistics for the most recent 6-month period is negative as compared with the immediately preceding 6-month period and shall inform the County Council.

  (2) Subject to paragraph (4) of this subsection, the County Council may temporarily suspend an increase to the minimum wage rate specified under subsection (g) of this section if the County Council determines under paragraph (1) of this subsection that the seasonally adjusted total employment is negative.

  (3) If the seasonally adjusted total employment is negative, the County Council may consider the performance of County revenues in the previous 6 months, as reported by the Director of Finance, in determining whether to temporarily suspend an increase to the minimum wage rate specified under subsection (g) of this section.

  (4) If the County Council temporarily suspends an increase to the minimum wage rate specified under subsection (g) of this section:

    (A) the minimum wage rate in effect for the period beginning the following January 1 shall remain the same as the rate that was in effect for the immediately preceding 12-month period;

    (B) the remaining minimum wage rates specified in subsection (g) of this section shall take effect 1 year later than the date specified; and

    (C) the County Council shall notify the Director of Finance that the minimum wage rate increase for the period beginning the following January 1 is suspended for 1 year.

(i) Direct Support Professionals. In order to ensure that the wages for Direct Support Professionals are commensurate with the professional positions that they occupy, and to ensure that the County is financially capable of funding the Direct Support Professionals Wage Supplement, except as provided in paragraph (2), the County shall include in the annual operating budget an amount determined as follows:

  (1) For every percentage increase in the minimum wage rate determined under subsection (g), reduced by the amount of the percentage increase in the State Direct Support Professionals reimbursement rate for the fiscal year, the County will increase the total Direct Support Professionals Wage Supplement by such percentage multiplied by the prior calendar year's total wages and employee related expenses for County Direct Support Professionals reported to the State.

  (2) Notwithstanding the provisions of paragraph (1), above, if the County Council is concerned about the Spending Affordability Committee Report and impacts on the County General Fund, the County Council may take any of the following actions:

    (A) reduce the increase in the minimum wage rate determined under Subsection (g) by up to two percent (2%); or

    (B) reduce or freeze the increase of total Direct Support Professionals Wage Supplement.

#### Sec. 13A-118. Minimum wage waiver provision

Prince George's County, Md., Code § 13A-118 (2026)

(a) Definitions. In this Division the following words shall have the meaning indicated.

  (1) Department shall mean the Department of Finance.

  (2) Developmental Disabilities means a severe chronic disability of an individual that:

    (A) Is attributable to a physical or mental impairment, other than the sole diagnosis of mental illness, or attributed to a combination of mental and physical impairments;

    (B) Is manifested before the individual attains the age of 22;

    (C) Is likely to continue indefinitely;

    (D) Results in an inability to live independently without external support or continuing and regular assistance; and

    (E) Reflects the need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are individually planned and coordinated for the individual.

  (3) Developmental Disabilities Administration ("DDA") means the primary State agency that funds community-based services and supports for people with developmental disabilities.

  (4) Developmental Disabilities Administration Providers shall include entities that provide services as defined in Section 7-101 of the Health-General Article of the Annotated Code of Maryland including individual support services, habilitation services, service coordination, treatment, vocational service, alternative living units, and group homes. This list of services is intended to be indicative of the types of services but not exhaustive.

  (5) Director shall mean the Director of Finance.

  (6) Employee shall have the same as meaning defined in the Fair Labor Standards Act (FLSA) and the Maryland Wage and Hour Law.

  (7) Employer means a person who acts directly or indirectly in the interest of another employer with an employee. Employer includes a governmental unit as defined in the Maryland Wage and Hour Law set forth in Sections 3-401 et. seq. of the Labor and Employment Article of the Annotated Code of Maryland.

  (8) Wage means all compensation that is due to an employee for employment.

(b) The procedures for obtaining a waiver:

  (1) The Director shall provide an application to the DDA providers;

  (2) The application shall require the following information from the DDA providers:

    (A) Evidence of a contract with the State of Maryland to provide DDA services

    (B) Evidence that they are in good standing with the State of Maryland

    (C) Explanation of the specific services provided by the DDA provider

    (D) Any additional information deemed necessary by the Director to certify the applicant for the waiver; and

  (3) DDA providers may only be eligible for the waiver provision from October 1, 2017 to July 1, 2018.

(c) The Director, after reviewing the application and all supporting documents shall notify the DDA providers if they have been granted a waiver.

(d) DDA providers granted a waiver will:

  (1) Be certified by the Department as having met the requirements for a waiver;

  (2) Receive proof of the certification and waiver of the Prince George's County's Maryland minimum wage law; and

  (3) Comply with all Federal and State laws regulating labor and wages.

(e) The waiver provisions set forth in this section are only applicable to Prince George's County, Maryland's minimum wage. This is not a waiver from the minimum wage set by the State of Maryland. All providers must comply with the State minimum wage, Federal and State laws.

### Division 4. Displaced Service Employees Protection Act

#### Sec. 13A-119. Definitions

Prince George's County, Md., Code § 13A-119 (2026)

(a) As used in this Division:

  (1) Awarding authority means any person that awards or enters into a service contract or subcontract with a contractor to be performed in the County. Awarding authority does not include the United States, any State or any political subdivision thereof.

  (2) Contractor means any person, including a subcontractor, who enters into a service contract to be performed in the County and employs more than 20 employees in the entire company.

  (3) Displaced service employee means an individual employed on a full or part-time basis, having concluded their probationary period, if applicable, from employment when a service contract changes awarding authorities or successor entities and performing duties related to a service contract as a:

    (A) building service employee, including a janitor, security officer, groundskeeper, concierge, door staff, maintenance technician, handyman, superintendent, elevator operator, window cleaner, or building engineer; or people with credentials and/or license to perform a specific job.

    (B) food service worker, including a cafeteria attendant, line attendant, cook, butcher, baker, server, cashier, catering worker, dining attendant, dishwasher, or merchandise vendor.

    (C) non-professional employee performing health care or related service.

    (D) Displaced service employee does not include:

      (i) a managerial or confidential employee;

      (ii) an employee who works in an executive, administrative, or professional capacity;

      (iii) an employee who earns more than $25 per hour;

      (iv) an employee who is regularly scheduled to work less than 10 hours per week.

      (v) an employee that has specifically subject matter expertise that requires certification or specialized training that is a master at their trade such as including, but not limited to, an electrician, plumber or carpenter.

  (4) Person means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ persons or enter into a service contract.

  (5) Service contract means a service contract between an awarding authority and a contractor to provide security, janitorial, building maintenance, or food preparation in a facility located in the County which is used as a:

    (A) private elementary or secondary school, or public or private college or university;

    (B) multi-family residential building or complex with more than 30 units;

    (C) commercial building or office building occupying more than 75,000 square feet.

    (D) industrial facility, such as a pharmaceutical laboratory, research and development facility, or product fabrication; or

    (E) distribution center.

  (6) Successor entity means an entity that:

    (A) is awarded a service contract to provide, in whole or in part, services that are substantially similar to those provided at any time during the previous 90 days;

    (B) has purchased or acquired control of a property located in the County where service employees were employed at any time during the previous 90 days; or

    (C) terminates a service contract and hires service employees as its direct employees to perform services that are substantially similar, within 90 days after a service contract is terminated or cancelled.

(b) This Article does not limit the ability of an awarding authority to terminate a service contract or replace a contractor with another contractor.

#### Sec. 13A-120. Transition employment period

Prince George's County, Md., Code § 13A-120 (2026)

(a) Awarding authority. At least 15 days before a service contract is terminated, an awarding authority must:

  (1) request the terminated contractor to give the successor entity and the awarding authority a complete list of the name, date of hire, and job classification of each displaced service employee working on the service contract;

  (2) give the successor entity a complete list of the name, date of hire, and job classification of each displaced service employee of the terminated contractor working on the service contract;

  (3) ensure that a written notice to all affected displaced service employees describing the pending termination of the service contract and the employee rights provided by this Article is conspicuously posted at any affected work site, except in the case of a service contract at a facility used as a public university, in which case the terminated contractor shall comply with subsections (a)(1) and (a)(2) of this section.

(b) Successor Entity.

  (1) Subject to subsection (b)(3) below, each successor entity must retain each affected displaced service employee at an affected site for 90 days or until the successor entity no longer provides services at the covered location, whichever is earlier.

  (2) Each successor entity must give each affected displaced service employee a written offer of employment and send a copy to the displaced service employee's collective bargaining representative, if any. Each offer must:

    (A) state the date by which the displaced service employee must accept the offer; and

    (B) allow the displaced service employee at least 10 days after receiving the notice to accept the offer.

  (3) Each successor entity may retain less than all of the affected displaced service employees during the 90-day transition period if the successor entity:

    (A) finds that fewer displaced service employees are required to perform the work than the terminated contractor had employed;

    (B) maintains a preferential hiring list of those displaced service employees not retained; and

    (C) hires any additional displaced service employees from the list until all affected displaced service employees have been offered employment;

  (4) The successor entity shall not discharge a displaced service employee retained under this Section without just cause during the transition period.

  (5) The successor entity shall not engage in discrimination as defined by Section 2-186(a)(3) in the replacement or failure to retain a displaced service employee eligible to be retained under this Section.

(c) Notice.

  (1) At least 90 days before a service contract is terminated, the terminated contractor must provide notice to the displaced service employee through a signed letter in English and in Spanish explaining that a new contractor will start work in 90 days and that they will no longer have employment with terminated service contractor.

#### Sec. 13A-121. Enforcement Procedures

Prince George's County, Md., Code § 13A-121 (2026)

(a) Filing Complaints. If any displaced service employee believes that the awarding authority, terminated contractor or successor entity does not comply with Section 13A-120, they may file a complaint with the Office of Human Rights.

(b) Complaint Requirement. A complaint under this Section must: (1) be filed within 1 year of the alleged violation; (2) include the particulars of the alleged violation, the name and address of the person alleged to have committed the violation; and (3) any other information required by the Office of Human Rights.

(c) Dismissal. If after an investigation by the Office of Human Rights, the awarding authority, terminated contractor or successor entity is found to have complied with Section 13A-120, the Office of Human Rights must dismiss the complaint and transmit copies of its finding to the Respondent and Complainant.

(d) Non-Compliance Penalty. If after an investigation, the Office of Human Rights finds that there is non-compliance, the Office of Human Rights shall attempt to conciliate the matter. If unsuccessful in the conciliation, the Office of Human Rights shall refer this matter to the Human Rights Commission. If after an affirmative adjudication by the Human Rights Commission, the awarding authority, terminated contactor or successor entity is found not to comply with Section 13A-120, the Human Rights Commission shall refer this decision to the Office of Central Services, whereby the Office of Central Services shall prohibit said awarding authority, terminated contractor or successor entity from bidding for County contracts for a period of no more than five years.