# Labor and Employment (GLE)

## Title 4. Bargaining Representatives; Labor Disputes

### Subtitle 1. Mediation or Arbitration of Labor Dispute

#### Section 4-101

(a) In this subtitle the following words have the meanings indicated.

(b) "Board" means a board of arbitration formed under this subtitle to settle a labor dispute.

(c) "Commissioner" means the Commissioner of Labor and Industry.

(d) "Mediation Service" means the State Mediation and Conciliation Service.

#### Section 4-102

(a) This subtitle does not preclude or otherwise affect any agreement for arbitration of a dispute in a manner different from that for which this subtitle provides, whether the agreement is made by the disputants directly or through persons who have written authorization to do so.

(b) This subtitle does not affect any provision of the Maryland Uniform Arbitration Act.

#### Section 4-103

(a) Under the supervision of the Commissioner, the Mediation Service shall carry out this subtitle.

(b) The Commissioner may assign staff to help the Chief Mediator to carry out this subtitle.

(c) The Commissioner may charge a fee to cover the cost of providing services requested under this subtitle.

#### Section 4-104

To the extent possible, the Mediation Service shall:

(1) promote voluntary mediation or arbitration of disputes between employers and employees; and

(2) discourage resort to a legal proceeding or to a blacklist, boycott, discrimination, or lockout in or arising out of a dispute between employers and employees.

#### Section 4-105

(a) Subject to the approval of the Governor, the Mediation Service may:

  (1) appoint a board of arbitration to settle a dispute; and

  (2) provide:

    (i) as the Mediation Service considers proper, for compensation of up to $5 for each day that a member of a board is engaged in its duties; and

    (ii) for other necessary expenses of a board.

(b) The Chief Mediator may serve on a board.

#### Section 4-106

(a) To the same extent as a court of the State in a civil case, the Mediation Service or a board may:

  (1) conduct an investigation;

  (2) hold hearings;

  (3) administer oaths; and

  (4) issue a subpoena for the attendance of a witness to testify or the production of books, papers, and other documents.

(b)

  (1) If a person fails to comply with a subpoena issued under this section, on petition of the Mediation Service or board, a circuit court may compel compliance with the subpoena.

  (2) A board shall petition the circuit court for the county where the board is meeting.

#### Section 4-107

(a) Documents and testimony obtained under this subtitle shall be kept in the offices of the Mediation Service.

(b) Information that the Commissioner, the Mediation Service, or a member of a board obtains under this subtitle is confidential, if the information:

  (1) is of a personal nature;

  (2) relates to the private business of a person; or

  (3) may disclose the profits or methods for doing business of a person.

#### Section 4-108

(a) This section applies to a dispute only if the employer involved in the dispute has at least 10 employees.

(b) Whenever a disputant or other reliable source informs the Mediation Service that a dispute might result in a lockout or strike, the Mediation Service:

  (1) may investigate and try to mediate the dispute; and

  (2) if the Mediation Service is unable to mediate, may try to obtain the consent of the disputants for formation of a board.

(c)

  (1) Whenever the Mediation Service is unable to mediate a dispute and a disputant refuses consent for formation of a board or for arbitration by the Chief Mediator, the Mediation Service shall investigate thoroughly the cause of the dispute.

  (2) In an investigation under this subsection, the Mediation Service may depose a disputant.

  (3) After an investigation under this subsection, the Mediation Service:

    (i) shall decide which disputant is mainly responsible or blameworthy for continuance of the dispute; and

    (ii) over the official signature of the Commissioner or Chief Mediator, shall publish in a daily newspaper a report that assigns responsibility or blame for the continuance of the dispute.

#### Section 4-109

(a) The Mediation Service or a board shall make and publish findings about a dispute for settlement of the dispute.

(b) A determination and award of a board is final and binds the disputants.

#### Section 4-110

Within 5 days after the National Labor Relations Board or other public or private unit certifies or recognizes a bargaining representative, the bargaining representative shall submit to the Mediation Service a report that contains:

(1) notice of the certification or recognition;

(2) the name and address of the employer;

(3) the total number of employees in the business establishment;

(4) the total number of employees in the bargaining unit; and

(5) if known, the date on which negotiations to establish a collective bargaining agreement are to begin.

#### Section 4-111

On or before January 10 of each year, each bargaining representative shall submit to the Mediation Service a report that states, for each collective bargaining agreement that is to terminate during the year:

(1) the name and address of the employer;

(2) the total number of employees in the business establishment;

(3) the total number of employees in the bargaining unit; and

(4) the date on which the collective bargaining agreement terminates.

### Subtitle 2. Choice of Bargaining Representative

#### Section 4-201

(a) In this subtitle the following words have the meanings indicated.

(b) "Commissioner" means the Commissioner of Labor and Industry.

(c) "Consent election" means an election that is conducted under a consent election agreement and in accordance with Part II of this subtitle to determine a bargaining representative.

(d) "Mediation Service" means the State Mediation and Conciliation Service.

#### Section 4-202

(a) Under the supervision of the Commissioner, the Mediation Service shall carry out this subtitle.

(b) The Commissioner may assign staff to help the Chief Mediator to carry out this subtitle.

#### Section 4-203

To the extent practicable, procedural regulations that the Commissioner adopts to carry out Parts I through III of this subtitle shall conform to the procedural regulations of the National Labor Relations Board for the conduct of consent elections, intervention, and decertification.

#### Section 4-206

(a) In this Part II of this subtitle the following words have the meanings indicated.

(b) "Challenged ballot" means the ballot of an individual whose eligibility to vote in a consent election is challenged.

(c) "Petition" means a petition for permission to enter into an agreement under which the Mediation Service will conduct a consent election.

#### Section 4-207

(a) A labor organization or individual that purports to represent a substantial number of employees whom a petition affects and an employer may submit to the Mediation Service a petition for permission to enter into a consent election agreement leading to a determination by the Mediation Service of the facts ascertained after the consent election.

(b) A petition shall be in the form that the Mediation Service requires.

(c)

  (1) Whenever a petition is submitted in accordance with subsections (a) and (b) of this section, the Mediation Service shall set a period during which a labor organization may submit an objection to the petition.

  (2) The Mediation Service shall set a period that:

    (i) is sufficient to inform interested persons about the nature and purpose of the petition; and

    (ii) does not expire until at least 1 week after the date on which the Mediation Service causes notice of the petition to be posted.

(d)

  (1) The Mediation Service shall cause notice of a petition to be posted, at each place of employment that the petition affects, for the period set under subsection (c) of this section.

  (2) The notice shall state that a labor organization may object to the petition within the period set under subsection (c) of this section.

#### Section 4-208

(a) Unless the Mediation Service receives a timely objection to a petition, the Mediation Service shall approve the petition to enter into a consent election agreement.

(b)

  (1) The Mediation Service shall investigate each timely objection to a petition from a labor organization that purports to represent a substantial number of employees whom the petition affects.

  (2) If, after the investigation, the Mediation Service determines that the labor organization seems to represent a substantial number of employees whom the petition affects, the Mediation Service shall place the name of the labor organization on the official ballot to be used in the consent election.

#### Section 4-209

Each consent election agreement shall describe:

(1) the appropriate bargaining unit for the consent election;

(2) the payroll period to be used to determine the employees within the appropriate bargaining unit who are eligible to vote; and

(3) the date, time, and place of the consent election.

#### Section 4-210

(a) The Mediation Service shall conduct each consent election by secret ballot.

(b)

  (1) If at least two labor organizations are to be on the ballot for a consent election, a labor organization promptly may ask the Mediation Service to allow its name to be removed from the ballot.

  (2) A decision of the Mediation Service under this subsection is final.

(c) Subject to any limitation that the Mediation Service sets, each party to a consent election may designate one or more observers to represent the party during the consent election.

(d)

  (1) For good cause, a party to a consent election or the Mediation Service may challenge the eligibility of an individual to vote in the consent election.

  (2) The Mediation Service shall impound each challenged ballot.

#### Section 4-211

On conclusion of a consent election, the Mediation Service shall provide each party to the consent election with a tally of ballots.

#### Section 4-212

The Mediation Service:

(1) shall determine whether the number of challenged ballots is sufficient to affect the result of the consent election; and

(2) if the number is sufficient, shall investigate the eligibility of each individual whose ballot was challenged.

#### Section 4-213

(a)

  (1) Within 5 days after the Mediation Service provides the tally of ballots for a consent election, a party to the consent election may object to:

    (i) the conduct of the consent election; or

    (ii) other conduct affecting the result of the consent election.

  (2) A party shall object in a timely manner, even if the number of challenged ballots is not sufficient to affect the result of the consent election.

(b) An objection under this section shall:

  (1) be in writing; and

  (2) state concisely each reason for the objection.

(c) Each party who makes an objection shall:

  (1) submit to the Mediation Service:

    (i) 4 copies of the objection; and

    (ii) proof of service under item (2) of this subsection; and

  (2) serve immediately a copy of the objection on each other party.

(d) The Mediation Service shall investigate each objection submitted in accordance with this section.

#### Section 4-214

After investigation of a consent election under Sec. 4-212 or Sec. 4-213 of this subtitle, the Mediation Service shall:

(1) prepare a report, including any recommendation, on the investigation; and

(2) serve the report on each party to the consent election.

#### Section 4-215

(a) Within 10 days after the Mediation Service issues a report on a challenged ballot or objection under Sec. 4-214 of this subtitle, a party to the consent election may make an exception to the report.

(b) Each party who makes an exception shall:

  (1) submit to the Mediation Service:

    (i) 4 copies of the exception; and

    (ii) proof of service under item (2) of this subsection; and

  (2) serve immediately a copy of the exception on each other party.

#### Section 4-216

(a) Whenever the Mediation Service receives a timely exception to a report on a challenged ballot or an objection, the Mediation Service shall determine whether the exception raises a substantial and material issue with respect to the conduct or result of the consent election.

(b)

  (1) If the Mediation Service determines that an exception raises a substantial and material issue, the Mediation Service may hold a hearing on the exception.

  (2) The Mediation Service shall serve notice of the hearing on each party.

#### Section 4-217

(a)

  (1) Unless a run-off election is to be held or an investigation is to be made under Sec. 4-212 or Sec. 4-213 of this subtitle, immediately after the period for filing an objection has passed, the Mediation Service shall certify to each party to a consent election the result of the consent election.

  (2) If a labor organization wins a consent election, the certification of the result of the consent election shall include a certification of the organization as bargaining representative.

  (3) The rulings and determinations of the Mediation Service under this subsection are final.

(b) Unless the Mediation Service certifies the result in accordance with subsection (a) of this section or receives a timely exception under Sec. 4-215 of this subtitle that, the Mediation Service determines, raises a substantial and material issue with respect to the conduct or result of a consent election, the Mediation Service immediately shall:

  (1) decide the matter on the record; or

  (2) dispose otherwise of the case.

#### Section 4-220

(a) An employee, an employer, or a labor organization may submit to the Mediation Service a petition for decertification of an organization that:

  (1) the Mediation Service has certified as a bargaining representative after a consent election; or

  (2) an employer currently recognizes as the bargaining representative without a consent election.

(b) A petition for decertification of an organization as bargaining representative for a bargaining unit:

  (1) shall be supported by at least 30% of the employees in the bargaining unit; and

  (2) may not be submitted within 1 year after certification of the bargaining representative as a result of a consent election.

(c)

  (1) The Mediation Service shall investigate each petition submitted in accordance with this section to determine whether there is reasonable doubt that the bargaining representative in fact represents a majority of the employees in the bargaining unit.

  (2) If, after the investigation, the Mediation Service determines that there is reasonable doubt, the Mediation Service shall order an election to resolve the issue.

### Subtitle 3. Injunctions

#### Section 4-301

(a) In this subtitle the following words have the meanings indicated.

(b) "Injunctive relief" means:

  (1) a permanent injunction;

  (2) a temporary injunction; or

  (3) a temporary restraining order.

(c) "Labor dispute" includes any controversy, regardless of whether the disputants stand in the proximate relation of employee or employer, concerning:

  (1) terms or conditions of employment;

  (2) employment relations;

  (3) the association or representation of persons in negotiating, setting, maintaining, or changing terms or conditions of employment; or

  (4) any other controversy arising out of the respective interests of employee or employer.

(d) "Person participating or interested in a labor dispute" means a person against whom relief is sought if the person:

  (1) is engaged in the industry, craft, trade, or occupation in which the dispute occurs; or

  (2) is an agent, member, or officer of an association of employees or employers engaged in the industry, craft, trade, or occupation in which the dispute occurs.

#### Section 4-302

(a) The General Assembly finds that:

  (1) governmental authority has allowed and encouraged employers to organize in corporate and other forms of capital control; and

  (2) in dealing with these employers, an individual worker who is not represented by an organization is helpless to exercise liberty of contract or to protect personal freedom of labor and, thus, to obtain acceptable terms and conditions of employment.

(b) The policy of the State is that:

  (1) negotiation of terms and conditions of employment should result from voluntary agreement between employees and employer; and

  (2) therefore, each individual worker must be:

    (i) fully free to associate, organize, and designate a representative, as the worker chooses, for negotiation of terms and conditions of employment; and

    (ii) free from coercion, interference, or restraint by an employer or an agent of an employer in:

      (1) designation of a representative;

      (2) self-organization; and

      (3) other concerted activity for the purpose of collective bargaining or other mutual aid or protection.

#### Section 4-303

This subtitle shall be interpreted and applied in accordance with the policy stated in Sec. 4-302 of this subtitle.

#### Section 4-304

(a) In this section, "promise" means any undertaking, whether express or implied or oral or written.

(b) A promise made between an employee or prospective employee and an employer, prospective employer, or any other individual, association, company, corporation, or firm is against the policy of the State if the promise requires either party:

  (1) to join or remain a member of an employer or labor organization;

  (2) not to join or not to remain a member of an employer or labor organization; or

  (3) to withdraw from an employment relation if the party joins or remains a member of an employer or labor organization.

(c) A court may not grant, on the basis of a promise described in this section, any relief against:

  (1) a party to the promise; or

  (2) another person who, without the act or threat of fraud or violence, advises, induces, or urges a party to disregard the promise.

#### Section 4-307

A court does not have jurisdiction to grant injunctive relief that specifically or generally:

(1) prohibits a person from ceasing or refusing to perform work or to remain in a relation of employment, regardless of a promise to do the work or to remain in the relation;

(2) prohibits a person from becoming or remaining a member of an employer organization or labor organization, regardless of a promise described in Sec. 4-304 of this subtitle;

(3) prohibits a person from paying or giving to, or withholding from, another person any thing of value, including money or strike or unemployment benefits or insurance;

(4) prohibits a person from helping, by lawful means, another person to bring or defend against an action in a court of any state or the United States;

(5) prohibits a person from publicizing or obtaining or communicating information about the existence of or a fact involved in a labor dispute by any method that does not involve the act or threat of a breach of the peace, fraud, or violence, including:

  (i) advertising;

  (ii) speaking; and

  (iii) patrolling, with intimidation or coercion, a public street or other place where a person lawfully may be;

(6) prohibits a person from ceasing:

  (i) to patronize another person; or

  (ii) to employ another person;

(7) prohibits a person from assembling peaceably to do or to organize an act listed in items (1) through (6) of this section;

(8) prohibits a person from advising or giving another person notice of an intent to do an act listed in items (1) through (7) of this section;

(9) prohibits a person from agreeing with another person to do or not to do an act listed in items (1) through (8) of this section;

(10) prohibits a person from advising, inducing, or urging another person, without the act or threat of fraud or violence, to do an act listed in items (1) through (9) of this section, regardless of a promise described in Sec. 4-304 of this subtitle; or

(11) on the ground that the persons are engaged in an unlawful conspiracy, prohibits a person from doing an act listed in items (1) through (10) of this section in concert with another person.

#### Section 4-310

A case shall be held to involve or grow out of a labor dispute when the case involves:

(1) persons who are engaged in a single industry, trade, craft, or occupation, employees of the same employer, or members of the same or an affiliated organization of employees or employers, regardless of whether the dispute is between:

  (i) 1 or more employees or associations of employees and 1 or more employers or associations of employers;

  (ii) 1 or more employees or associations of employees and 1 or more employees or associations of employees; or

  (iii) 1 or more employers or associations of employers and 1 or more employers or associations of employers; or

(2) a conflicting or competing interest in a labor dispute of a person participating or interested in the labor dispute.

#### Section 4-311

The General Assembly finds that a procedure that allows a plaintiff to obtain sweeping injunctive relief without giving to each defendant notice of and a hearing based wholly or partly on examination and cross-examination of witnesses in open court, rather than on affidavits alone, is peculiarly subject to abuse in later litigation because:

(1) injunctive relief necessarily alters, rather than maintains, the status quo;

(2) determination of issues of veracity and of probability of fact from affidavits of the opposing parties that are contradictory and, under the circumstances, untrustworthy rather than from oral examination in open court is subject to grave error;

(3) erroneous issuance of injunctive relief usually is irreparable to the defendant; and

(4) delay incident to appeals frequently makes ultimate correction of error unavailing in a particular case.

#### Section 4-312

This Part III of this subtitle shall be interpreted and applied in accordance with the policy stated in Sec. 4-311 of this subtitle.

#### Section 4-313

(a) A court may not grant injunctive relief in a labor dispute:

  (1) if the plaintiff has failed to comply with each obligation imposed by law that is involved in the labor dispute; or

  (2) except as provided in subsection (b) of this section, if the plaintiff has failed to make every reasonable effort to settle the labor dispute:

    (i) by negotiation; or

    (ii) with the help of available dispute resolution mechanisms, governmental mediation, or voluntary arbitration.

(b) If irreparable injury is threatened, a court may grant injunctive relief before another tribunal acts to settle the labor dispute.

#### Section 4-314

In addition to any other limitation under this Part III of this subtitle, a court may not issue a temporary or permanent injunction in a case that involves or grows out of a labor dispute unless:

(1) each known person against whom relief is sought and each public officer who has a duty to protect the property of the plaintiff is given, in the manner that the court directs, personal notice that the court will hold a hearing on issuance of a temporary or permanent injunction;

(2) at the hearing, the court takes, in open court, testimony offered against the temporary or permanent injunction and affords the opportunity for cross-examination; and

(3) as a result of the hearing, the court finds that:

  (i) an unlawful act:

    (1) has been threatened and, unless restrained, will be committed; or

    (2) has been committed and, unless restrained, will be continued;

  (ii) unless it grants the relief requested, the property of the plaintiff will be injured substantially and irreparably;

  (iii) greater injury will be inflicted on the plaintiff for each item of relief that the court denies than will be inflicted on the defendant if the court grants the item;

  (iv) it is not granting any item of relief for which a court lacks jurisdiction under Sec. 4-307 of this subtitle;

  (v) the plaintiff has no adequate remedy at law; and

  (vi) each public officer who has a duty to protect the property of the plaintiff has failed or is unable to give adequate protection.

#### Section 4-315

(a) If, in addition to meeting the requirements for an injunction under Sec. 4-314 of this subtitle, a plaintiff alleges that, unless a temporary restraining order is issued before a court holds a hearing on issuance of other injunctive relief in a case that involves or grows out of a labor dispute, substantial and irreparable injury to the property of the plaintiff is unavoidable, the court may issue a temporary restraining order in accordance with this section.

(b)

  (1) The court shall pass a show cause order that gives each party whom the plaintiff seeks to have restrained a reasonable period of at least 48 hours in which to show cause why the court should not issue a temporary restraining order.

  (2) A show cause order shall be served on each party whom the plaintiff seeks to have restrained as provided in the show cause order.

  (3) On expiration of the period to show cause, the court may issue a temporary restraining order if on the basis of testimony or, in the discretion of the court, an affidavit, the court finds that issuance of a temporary injunction would be justified if a hearing were held.

(c)

  (1) A temporary restraining order issued under this section is effective for the period that the court sets but not more than 5 days.

  (2) If a hearing for a temporary injunction begins before the expiration of the period set under this subsection, the court may continue the temporary restraining order until the court decides whether to issue the temporary injunction.

  (3) Unless the court continues a temporary restraining order in accordance with paragraph (2) of this subsection, then on expiration of the period set under this subsection, the order is void and may not be renewed or extended.

#### Section 4-316

(a) Before a court issues a temporary restraining order or temporary injunction in a case that involves or grows out of a labor dispute, the plaintiff shall post bond with the court.

(b)

  (1) Bond under this section shall be in an amount sufficient to compensate each person who is enjoined for any loss, expense, or damages that improvident or erroneous issuance of the temporary restraining order or temporary injunction causes.

  (2) The amount shall include reasonable counsel fees and other reasonable costs that a defendant incurs in defending against other injunctive relief in the same case if the court denies the injunctive relief.

(c) Bond under this section signifies an agreement between the plaintiff and surety to submit to the jurisdiction of the court for the purpose of being liable on the bond.

(d) This section does not prevent a party who has a claim on or under a bond from bringing an action to pursue an ordinary remedy in court.

#### Section 4-317

(a) A court may not grant injunctive relief in a case that involves or grows out of a labor dispute until the court makes and files, in the record of the case, findings of fact.

(b) Injunctive relief in a case that involves or grows out of a labor dispute shall prohibit an act only if:

  (1) the complaint in the labor case expressly complains of the specific act; and

  (2) the findings of fact expressly include the specific act.

(c) Injunctive relief in a case that involves or grows out of a labor dispute is binding only on a person:

  (1) who receives, by personal service or otherwise, actual notice of the injunctive relief; and

  (2) who is:

    (i) a party to the case;

    (ii) an agent or employee of a party or lawyer who represents a party; or

    (iii) a person in active concert and participation with a party.

#### Section 4-318

A party may appeal to the Appellate Court of Maryland from the issuance or denial of a temporary injunction in a case that involves or grows out of a labor dispute.

#### Section 4-321

An organization or officer or member of an organization participating or interested in a labor dispute has immunity from liability in accordance with Sec. 5-414 of the Courts Article.

#### Section 4-322

(a) A person who is charged with constructive criminal contempt for a violation of injunctive relief in a case that involves or grows out of a labor dispute is entitled:

  (1) to pretrial release as provided for defendants in criminal cases;

  (2) to notice of the accusation;

  (3) to a reasonable time to make a defense; and

  (4) except for an officer of the court who is charged with disobedience, misbehavior, or other misconduct in respect to process of the court, on demand, to a speedy and public trial by an impartial jury from the judicial district where the contempt is alleged to have been committed.

(b)

  (1) Whenever the charge of constructive criminal contempt arises from an attack on the character or conduct of a judge, the defendant is entitled to recusal of the judge if the defendant files a demand for recusal before the hearing on the charge.

  (2) Whenever a defendant files a timely demand for recusal:

    (i) the judge may not proceed further; and

    (ii) the presiding judge of the court shall designate another judge as a replacement.

(c)

  (1) A person who is guilty of constructive criminal contempt in a labor case is subject to a fine not exceeding $100 or imprisonment not exceeding 15 days or both.

  (2) A person who is imprisoned for failure to pay a fine imposed under this subsection shall be discharged:

    (i) after 15 days; or

    (ii) if also imprisoned for a definite period, 15 days after the end of the period.

### Subtitle 4. Miscellaneous Acts

#### Section 4-401

(a) Each employer who, under a collective bargaining agreement, deducts dues from an employee's pay for payment to a union shall make the payment within 30 days after it is required.

(b) Each employer or union official who, under a collective bargaining or other agreement with an employee, agrees to make a payment into a health or welfare fund, a pension fund, a vacation plan, or any other similar fund or plan for employees shall make the payment within 30 days after it is required.

(c)

  (1) An employer or union official who knowingly fails to make a payment under subsection (a) or (b) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.

  (2) If the employer is a corporation, each corporate officer who exercises executive functions is guilty of a misdemeanor.

#### Section 4-402

(a) This section does not apply to a refusal to leave property based on a bona fide claim of ownership of or other right to the property.

(b) An employee or former employee may not remain on property that is under the legal control of an employer after the employer or an agent of the employer gives the employee or former employee notice to leave if remaining deprives or is intended to deprive the employer of the substantial control, possession, or use of the property.

(c) A person who violates any provision of subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.

(d) An organization that is responsible for a violation of this section is liable financially to the owner of the property for the loss of revenue or from damage that results from the violation.

#### Section 4-403

(a) A person who is not directly interested in a strike may not provide, obtain, recruit, or refer, for employment in place of a striker, an individual who customarily and repeatedly offers to be employed in place of strikers.

(b) An individual who customarily and repeatedly offers to be employed in place of strikers may not take or offer to take the position of a striker.

(c) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 3 years or both.

#### Section 4-404

(a) If commission of an act by one person is not an offense, an agreement between two or more persons to do or to bring about the act in contemplation or furtherance of a trade dispute between an employer and a worker is not indictable as conspiracy.

(b) This section does not affect any law that relates to disturbance of the public peace, riot, unlawful assembly, or an offense against a person or property.

#### Section 4-405

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Federal Act" means the federal National Labor Relations Act.

  (3) "Labor organization" has the meaning stated in Sec. 152 of the Federal Act.

  (4) "Supervisor" has the meaning stated in Sec. 152 of the Federal Act.

(b) An employer in the State may not allow the formation of an organization or entity in the workplace:

  (1) that is initiated through action of the employer or the employees of the employer and established through mutual consent of the employer and any number of employees;

  (2) in which supervisors and employee members participate to address or negotiate working conditions of mutual interest, including the employees' quality of work, productivity, efficiency, compensation, benefits, recruitment, retention, grievances, child care, safety, health, or accommodation of religious beliefs and practices;

  (3) that may be dissolved unilaterally by the employer; and

  (4) that, through any federal action occurring on or after January 1, 2026, is, in whole or in part, expressly exempt from or otherwise not subject to:

    (i) the Federal Act; or

    (ii) the jurisdiction of the National Labor Relations Board.

(c) This section may not be construed to preclude:

  (1) the formation of a labor organization that is subject to the Federal Act and the jurisdiction of the National Labor Relations Board;

  (2) certification as an exclusive representative under the Federal Act; or

  (3) the formation of a committee or governance structure required for accreditation or designation by a state or national organization.

### Subtitle 5. Employment Rights for Public Safety Officers

#### Section 4-501

(a) In this subtitle the following words have the meanings indicated.

(b) "Employee" means a fire, EMS, paramedic, or rescue employee hired or compensated by the employer.

(c) "Employee organization" means any organization of employees that, as one of its primary purposes, represents fire, EMS, paramedic, or rescue personnel.

(d) "Employer" means:

  (1) a charter county;

  (2) Charles County; or

  (3) a municipal corporation.

(e) "EMS" means emergency medical services.

(f) "Exclusive representative" means an employee organization that has been certified through an election of eligible employees to represent and bargain for those employees over any terms and conditions of employment.

#### Section 4-502

Each employer covered by this subtitle shall have the authority to enact a local law or ordinance to permit voluntary collective bargaining between the employer and any employee organization that the employer has recognized as an exclusive representative of its employees.

#### Section 4-503

Once authorized by a local law or ordinance, collective bargaining between an employer covered by this subtitle and an exclusive representative may include in a memorandum of understanding between the employer and the employee organization specific terms and conditions of employment.

#### Section 4-504

Subject to provisions concerning budgetary and fiscal procedures contained in the employer's charter or, with respect to Charles County, local law, regulation, or policy, if ratified or approved by a legislative enactment of the employer, and if signed by the chief executive officer of the employer, a memorandum of understanding between the employer and an exclusive representative shall bind the employer for the period of time which is provided in the agreement.

#### Section 4-505

(a) Subject to subsection (b) of this section, this subtitle only applies to:

  (1) each charter county that engaged in collective bargaining with an employee organization prior to October 1, 1994;

  (2) Charles County on or after October 1, 2017; and

  (3) each municipal corporation that engages in collective bargaining with an employee organization prior to October 1, 1995.

(b) This subtitle may not be construed to repeal or limit any local charter provision that extends collective bargaining rights to employees of employers and, if a local charter authorizes or grants collective bargaining rights to any employees, the provisions of this subtitle do not apply.

(c) This subtitle may not be construed to:

  (1) require any form of collective bargaining;

  (2) require any method, means, or scope of bargaining between an employer and an exclusive representative; or

  (3) authorize binding interest arbitration.

### Subtitle 6. Firefighters and Emergency Medical Personnel -- Right to Judicial Review

#### Section 4-601

(a) In this subtitle the following words have the meanings indicated.

(b)

  (1) "Employee" means a fire, emergency medical services, paramedic, rescue, or support employee hired and compensated by a county or municipal corporation or a unit of a county or municipal corporation.

  (2) "Employee" does not include an employee who is on probationary status upon entry into a fire fighting, rescue, paramedic, or emergency medical services agency.

(c)

  (1) "Final decision" means a final disciplinary decision of a personnel board, trial board, civil service commission, or statutorily established review board by which an employee is suspended for not less than 30 consecutive days or is terminated.

  (2) "Final decision" does not include a decision reached through arbitration under a collective bargaining agreement.

#### Section 4-602

(a) An employee, county, or municipal corporation aggrieved by a final decision may obtain judicial review of that decision through an appeal filed in a circuit court of appropriate venue.

(b) An appeal under subsection (a) of this section shall be taken in accordance with Maryland Rules 7-201 through 7-210.

(c) Any party that is aggrieved by a final judgment of a circuit court under this subtitle may appeal to the Appellate Court of Maryland in the manner provided by law.

(d) In an appeal under subsection (a) of this section, the circuit court may:

  (1) remand the case for further proceedings;

  (2) affirm the final decision; or

  (3) reverse or modify the decision if any substantial right of the petitioner may have been prejudiced because a finding, conclusion, or decision:

    (i) is unconstitutional;

    (ii) exceeds the statutory authority or jurisdiction of the final decision maker;

    (iii) results from an unlawful practice;

    (iv) is affected by any other error of law;

    (v) is unsupported by competent, material, and substantial evidence in light of the entire record as submitted; or

    (vi) is arbitrary and capricious.

#### Section 4-603

An employee may elect to exercise the rights available under the collective bargaining agreement as an alternative to the right to a judicial review provided under this subtitle.

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Md. Code Ann., Lab. & Empl. (as displayed at mgaleg.maryland.gov, October 16, 2026)