In this subtitle the following words have the meanings indicated. “Board” means the Public Employee Relations Board. “Confidential employee” includes an individual whose employment responsibilities require knowledge of the public school employer’s posture in the collective negotiation process, as determined by the public school employer in negotiations with an employee organization that requests negotiation on this issue. “Day” means a calendar day unless otherwise indicated. “Employee organization” has the meaning stated in § 22–101 of the State Government Article. “Managerial employee” includes an individual who is engaged mainly in executive and managerial functions. “New employee processing” means the process for a newly hired public school employee, whether in person, online, or through other means, in which new employees are advised of their employment status, rights, benefits, duties, responsibilities, and other employment–related matters. “Noncertificated employee”, in Montgomery County, means only a full–time employee. “Public school employee” means a noncertificated individual who is employed for at least 9 months a year on a full–time basis by a public school employer. “Public school employee” includes a noncertificated employee in Baltimore City notwithstanding that the noncertificated employee does not work for at least 9 months a year on a full–time basis. “Public school employee” does not include: A managerial employee; or A confidential employee. “Public school employer” means the county board in each county. “Public school employer” includes the Baltimore City Board of School Commissioners. “Supervisory employee” includes any individual who responsibly directs the work of other employees.

Public school employees may form, join, and participate in the activities of employee organizations of their own choice for the purpose of being represented on all matters that relate to salaries, wages, hours, and other working conditions. Public school employees, public school employers, and exclusive representatives are subject to the provisions of Title 22 of the State Government Article.

Except as provided in paragraphs (3) and (5) of this subsection, there may not be more than three units in a county and a unit may not include both supervisory and nonsupervisory employees. If a county has more than three recognized units and, as of July 1, 1974, the units have exclusive representation for collective negotiations, these units may continue as negotiating units. In Baltimore County, there shall be three units, including one unit of supervisory employees as defined in § 6–501(i) of this subtitle. In Carroll County, beginning on October 1, 2007: There shall be no more than three units; and All units shall be nonsupervisory units. In Baltimore City, the public school employer may designate a fourth unit composed of all Baltimore City school police officers, as defined in § 4–318 of this article, up to and including the rank of lieutenant. All eligible public school employees shall: Be included in one of these units; and Have the rights granted in this subtitle.

Employee organizations recognized by the public school employer as the exclusive representative of all public school employees in a specified unit on July 1, 1978, shall continue to be the exclusive representative subject to Title 22, Subtitle 4 of the State Government Article. Any collective negotiation agreement that has been entered into by an exclusive representative and a public employer as of July 1, 1978, shall continue in effect for the term of the agreement.

Each public school employer shall provide the exclusive representative access to new employee processing. Except as provided in subparagraph (iii) of this paragraph, the public school employer shall provide the exclusive representative at least 10 days’ notice in advance of a new employee processing. The public school employer may provide the exclusive representative with less than 10 days’ notice if there is an urgent need critical to the public school 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 school employer and the exclusive representative in accordance with § 6–507 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 school 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 § 6–507(e) of this subtitle. In an impasse proceeding under § 6–507(e) of this subtitle, the mediator or Board shall consider: The ability of the exclusive representative to communicate with the public school employees it represents; The legal obligations of the exclusive representative to the public school employees; Applicable State, federal, and local laws; Any stipulations of the parties; The interests and welfare of the public school employees and the financial condition of the public school employer; The structure, time, and manner of access of an exclusive representative to new employee processing in comparable public school 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 July 1, 2018, 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 school employer’s new employee processing. Either party may elect to negotiate a separate agreement on the access of the exclusive representative to the public school employer’s new employee processing in lieu of reopening the existing collective bargaining agreement. This section does not prohibit a public school employer and an exclusive representative from negotiating access to new employee processing that varies from the requirements of this section. Nothing in this section shall abrogate existing collective bargaining agreements between public school employers and exclusive representatives.

When a public school employer and an employee organization negotiate under this section, the public school employer and the employee organization shall: Confer in good faith, at all reasonable times; Honor and administer existing agreements; Make every reasonable effort to conclude negotiations with a final written agreement in a timely manner; and Reduce to writing the matters agreed on as a result of the negotiations. The agreements may provide for binding arbitration of the grievances arising under the agreement that the parties have agreed to be subject to arbitration. On request, a public school employer or at least two of its designated representatives shall meet and negotiate with at least two representatives of the employee organization that is designated as the exclusive negotiating agent for the public school employees in a unit of the county on all matters that relate to: Salaries, wages, hours, and other working conditions, including the discipline and discharge of an employee for just cause; and The structure, time, and manner of the access of the exclusive representative to a public school employer’s new employee processing as required under § 6–506 of this subtitle. Except as provided in paragraph (3) of this subsection, a public school employer or at least two of its designated representatives may negotiate with at least two representatives of the employee organization that is designated as the exclusive negotiating agent for the public school employees in a unit of the county on other matters that are mutually agreed to by the employer and the employee organization. A public school employer may not negotiate the school calendar, the maximum number of students assigned to a class, or any matter that is precluded by applicable statutory law. A matter that is not subject to negotiation under paragraph (2) of this subsection because it has not been mutually agreed to by the employer and the employee organization may not be raised in any action taken to resolve an impasse under subsection (e) of this section. If a public school employer and an employee organization dispute whether a proposed topic for negotiation is a mandatory, a permissive, or an illegal topic of bargaining, either party may submit a request for a decision in writing to the Board for final resolution of the dispute. A request for a decision shall: Clearly identify each topic of bargaining for which the public school employer or employee organization is requesting a decision; and Be made before the Board determines that an impasse has been reached. If the Board receives a request for a decision, within 7 days after receipt of the request, the Board shall issue a letter to the public school employer and the employee organization that requests written briefs in support of their respective positions. Within 7 days after receipt of a request from the Board for written briefs, the public school employer and the exclusive representative shall deliver to the Board a written brief on the issue of whether the topic at issue is mandatory, permissive, or illegal in nature. After receipt of the written briefs from the public school employer and the employee organization, the Board shall: Consider the merits of each party’s arguments; Render a decision determining whether the topic of negotiation is mandatory, permissive, or illegal; and Issue the written decision to the parties within 14 days after receiving the written briefs. The Board may adopt regulations, guidelines, and policies to carry out its rights and responsibilities under this section. To resolve disputes under this section, the Board shall develop a balancing test to determine whether the impact of the matter on the school system as a whole outweighs the direct impact on the employees. The designation of representatives by the employer under this section does not prevent an employee organization from appearing before or making proposals to the public school employer at a public meeting or hearing. If, on the request of either party, the Board determines from the facts that an impasse is reached in negotiations between a public school employer and an employee organization that is designated as an exclusive negotiating agent, the Board shall within 10 calendar days: Request last and best offers from the public school employer and the employee organization, which may not include items or topics not previously raised in the bargaining process; and Order the public school employer and the employee organization to commence mediation within 14 days after the Board’s determination that an impasse has been reached. The last and best offers shall list separately every term or condition of employment in dispute and the demand of the party making the last and best offer. Within 5 calendar days after an order to mediate, the parties shall select a mediator by: Agreement; or Alternate striking from a list of seven neutral parties furnished by: The Federal Mediation and Conciliation Service; or The American Arbitration Association. The mediator shall conclude the mediation within 25 days after convening the first mediation session. If the public school employer and the employee organization do not reach agreement before concluding the mediation, the mediator shall issue a written offer to both parties and the Board of settlement of all matters raised. Within 5 days after receiving the proposed settlement, the public school employer and the employee organization each shall notify the mediator of its intent to: Accept the written proposed settlement; Accept the written proposed settlement in part, as mutually agreed on by the public school employer and the employee organization; or Decline the proposed settlement and request arbitration before the Board. The public school employer and the employee organization shall share the costs of the mediator equally. If either party declines the proposed settlement and requests arbitration, the Board shall, within 5 calendar days, set a date for an arbitration hearing before the Board. The Board shall: Open the arbitration record within 20 days after receiving either party’s decision to decline the mediator’s proposal; Convene a hearing; Hear testimony from and receive supporting written evidence, as provided in an order of the Board, from the public school employer, the employee organization, and the mediator; Administer oaths to witnesses deemed relevant and called by the Board; Issue subpoenas to compel the production of relevant and nonprivileged documents and other tangible evidence that would also be subject to production before a hearing or at a hearing under Title 4 of the General Provisions Article; and Receive, hear, and consider all evidence considered relevant by the Board, whether or not offered through an attorney, including: The wages, hours, working conditions, or other terms and conditions of employment of similar public employees in comparable surrounding jurisdictions and comparable jurisdictions outside the State; and The ability of the public school employer and the county served by the public school employer to pay, considering their existing resources, the costs of the final offers proposed and other personnel costs. The Board shall conclude the hearing by issuing a written order within 20 days after the arbitration record is opened. The Board shall issue the written award that selects and adopts: The complete final offer of the public school employer; The complete final offer of the employee organization; or The mediator’s complete offer of settlement. The Board’s written award is final and binding on the public school employer and the employee organization. The public school employer and the employee organization shall share the costs of the hearing equally. Any negotiated provision or decision of the Board is subject to the other provisions of this article concerning the fiscal relationship between the public school employer and the county commissioners and county council.

If the fiscal authority does not approve enough funds to implement the negotiated agreement, the public school employer shall renegotiate the funds allocated for these purposes by the fiscal authority with the employee organization before the public school employer makes a final determination in accordance with the timetable and procedure established by the Board.