In this subtitle the following words have the meanings indicated. “Agreement” means a written contract between a public employer and an employee organization. “Arbitration” means a procedure by which parties involved in a grievance submit their differences to an impartial third party for a final and binding decision. “Board” means the Public Employee Relations Board. “Collective bargaining” has the meaning stated in § 3–101(d) of the State Personnel and Pensions Article. “Confidential employee” means a public employee whose unrestricted access to personnel, budgetary, or fiscal data subject to use by the public employer in collective bargaining, or whose close, continuing working relationship with those responsible for negotiating on behalf of the public employer, would make the employee’s membership in an employee organization as a rank and file employee incompatible with the employee’s duties. “Employee organization” has the meaning stated in § 22–101 of the State Government Article. “Exclusive representative” has the meaning stated in § 22–101 of the State Government Article. “Fact–finding” means a process conducted by the Board that includes: The identification of the major issues in an impasse; The review of the positions of the parties; and A resolution of factual differences by an impartial individual or panel. “Faculty” means employees whose assignments involve academic responsibilities, including teachers and department heads. “Faculty” does not include officers, supervisory employees, confidential employees, part–time faculty, or student assistants. “Grievance” means a dispute concerning the application or interpretation of the terms of a collective bargaining agreement. “Impasse” means a failure by a public employer and an exclusive representative to achieve agreement in the course of negotiations. “Officer” means the president, a vice president, a dean, or any other similar official of the community college as appointed by the board of community college trustees. “Part–time faculty” means employees whose assignments involve academic responsibilities, including teachers, counselors, and department heads, who are designated with part–time faculty status by the president of the community college. “Public employee” means an employee employed by a public employer. “Public employee” includes faculty and part–time faculty at the Baltimore City Community College. “Public employee” does not include: Officers; Supervisory or confidential employees; or Student assistants. “Public employer” means the board of community college trustees for a community college. “Public employer” includes the Board of Trustees of Baltimore City Community College for the purposes of collective bargaining with faculty and part–time faculty.

It is the intent of the General Assembly that: The State promote harmonious and cooperative relationships with the public employees of the community college system by encouraging collective bargaining practices, protecting the rights of public employees to associate, organize, and vote for their own exclusive representatives, and recognizing the dignity of labor for all employees of the community college system; and A delay in implementation of this subtitle shall be to ensure that community colleges are granted sufficient time to plan for potential negotiations and may not be used to plan for, or engage in, activities that would discourage or otherwise coerce employees seeking to hold an election. This subtitle shall apply: Beginning on September 1, 2022, to: Anne Arundel Community College; Community College of Baltimore County; Frederick Community College; Harford Community College; Howard Community College; Montgomery College; Prince George’s Community College; and College of Southern Maryland; Beginning on September 1, 2023, to: Allegany College of Maryland; Carroll Community College; Cecil College; Chesapeake College; Garrett College; Hagerstown Community College; and Wor–Wic Community College; and Beginning October 1, 2024, Baltimore City Community College. Public employees, public employers, and exclusive representatives are subject to the provisions of Title 22 of the State Government Article.

There may be no more than four bargaining units at each community college including: One unit reserved for full–time faculty; One unit reserved for part–time faculty; and Two units reserved for eligible nonexempt employees, as defined in the federal Fair Labor Standards Act.

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. 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. 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. 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. 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. 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. 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. Subject to § 16–706 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. 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.

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. A public employer shall provide the exclusive representative access to new employee processing. 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. 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. 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 § 16–706 of this subtitle. 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 § 16–707 of this subtitle. In an impasse proceeding under § 16–707 of this subtitle, the mediator or Board shall consider: The ability of the exclusive representative to communicate with the public employees it represents; The legal obligations of the exclusive representative to the public employees; Applicable State, federal, and local laws; Any stipulations of the parties; The interests and welfare of the public employees and the financial condition of the public employer; 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 Any other facts routinely considered in establishing the structure, time, and manner of access of an exclusive representative to new employee processing. 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. 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. 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.

Collective bargaining shall include all matters relating to: Wages, hours, and other terms and conditions of employment; and The procedures for the employee organization to receive membership dues through payroll deduction. In the course of collective bargaining, the public employer and the exclusive representative shall: Meet at reasonable times; and 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. An agreement may include a provision for the arbitration of grievances arising under the agreement. An agreement may not include matters relating to the employees’ or teachers’ retirement or pension systems otherwise covered by the Annotated Code of Maryland. 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. The terms of an agreement shall supersede any conflicting regulations or administrative policies of the public employer. 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. 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. 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.

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. By mutual agreement, the parties may engage in mediation. If there is not mutual agreement, either party may petition the Board to initiate fact–finding. 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. A public employer and the exclusive representative may select their own fact finder. 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. Each party alternately shall strike two names from the list with the remaining individual being the fact finder. The fact finder selected by the parties shall conduct hearings and may administer oaths. The fact finder shall make written findings of fact and recommendations for resolution of the impasse. 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. 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. The parties shall bear equally the costs of fact–finding. 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: The final proposal of the public employer; The final proposal of the exclusive representative; or The fact finder’s final offer or resolution. The Board’s written decision is final and binding on the public employer and the exclusive representative.

A public employee or group of public employees has the right at any time to: Present a grievance arising under the terms of the agreement to the public employer; and Have the grievance adjusted without the intervention of the exclusive representative. The exclusive representative has the right to be present during any meeting involving the presentation or adjustment of a grievance. A public employer shall hear a grievance and participate in the adjustment of the grievance. The adjustment of a grievance may not be inconsistent with the terms of the collective bargaining agreement then in effect. A public employer shall give prompt notice of any adjustment of a grievance to the exclusive representative.