State Government (GSG) — Title 22. Public Employee Relations

an employee organization already representing employees in a bargaining unit; or

a petitioner who has met the showing of interest requirement under § 22–402 of this title.

interrupt or prevent the continuity of the employees’ usual work for the purpose and with the intent of coercing the employees into relinquishing rights guaranteed by this title; or

bring economic pressure on employees for the purpose of securing the agreement of their executive representative to collective bargaining agreement terms.

the State, including any unit, department, or instrumentality of the State;

a community college listed under § 16–702(b) of the Education Article; and

a county board of education or the Baltimore City Board of School Commissioners.

“Showing of interest form” means a written statement from a public employee who wishes to be represented by a petitioning employee organization for the purpose of collective bargaining.

“Showing of interest form” includes:

“Strike” means any concerted action to impede the full and proper performance of employment duties in order to induce, influence, coerce, or enforce demands for a change in wages, hours, terms, or other conditions of employment.

“Strike” includes a total or partial:

granting to public employees the right to organize and choose freely their representatives;

requiring public employers to negotiate and bargain with employee organizations representing public employees and to enter into written agreements evidencing the result of the bargaining; and

establishing procedures to provide for the protection of the rights of public employees, the public employers, and the public at large.

engage in concerted activities for the purposes of mutual aid or protection; and

refrain from any or all activities described under item (1) of this subsection.

form, join and participate in, or to refrain from forming, joining, or participating in, any employee organization of their own choosing;

be represented by employee organizations, to negotiate collectively with their public employers in the determination of their terms and conditions of employment, and the administration of grievances arising thereunder; and

be fairly represented by their exclusive representative, if any, in collective bargaining.

restrictions as to who may join; and

provisions for the dismissal of individuals from membership.

age;

ancestry;

color;

creed;

gender identity;

marital status;

mental or physical disability;

national origin;

race;

religious affiliation, belief, or opinion;

sex; or

sexual orientation.

negotiations notwithstanding the existence of an agreement with an employee organization that is no longer certified or recognized; and

the settlement of grievances;

on request, information from a public employer relevant to the administration and negotiation of an agreement or the proper performance of the employee organization’s duties as the public employees’ representative; and

have the information requested under item (i) of this item made available as soon as practicable, but not later than 30 days after the public employer receives the request; and

name;

position classification;

unit;

home and work site addresses where the employee receives interoffice or United States mail;

home and work site telephone numbers;

work e–mail address; and

position identification number.

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 release 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 an employee, an exclusive representative shall withhold further communication with the employee unless otherwise required by law or the written request is revoked by the employee.

determine how the statutory mandate and goals of the public employer, including the functions and programs of the public employer, its overall budget, and its organizational structure, are to be carried out; and

direct employees of the public employer.

determine the:

hire, direct, supervise, and assign employees;

set the qualifications of employees for appointment and promotion, and set standards of conduct;

adopt State or Department rules, regulations, or procedures;

provide a system of merit employment according to the standard of business efficiency; and

take actions not otherwise specified in this section to carry out the mission of the employer.

interfering with, restraining, or coercing employees in the exercise of their rights under this title;

dominating, interfering with, contributing financial or other support to, or assisting in the formation, existence, or administration of any employee organization;

granting administrative leave to employees to attend employer sponsored or supported meetings or events relating to an election under Subtitle 4 of this title, unless the public employer grants employees at least the same amount of administrative leave to attend labor organization sponsored or supported meetings or employee meetings;

discriminating in hiring, tenure, or any term or condition of employment to encourage or discourage membership in an employee organization;

discharging or discriminating against an employee because of the signing or filing of an affidavit, petition, or complaint, or giving information or testimony in connection with matters under this title;

failing to provide all employee organizations involved in an election the same rights of access as required by the Board through regulation;

engaging in surveillance of union activities;

refusing to bargain in good faith;

failing to meet an established negotiation deadline, unless a written agreement between the public employer and the exclusive representative provides otherwise;

engaging in a lockout; or

spending public money to contract with, using public resources to contract with, or providing assistance to an individual or group for a negative campaign against efforts by employees of a public employer or an employee organization to:

interfering with, restraining, or coercing employees in the exercise of their rights under this title;

causing or attempting to cause a public employer to discriminate in hiring, tenure, or any term or condition of employment to encourage or discourage membership in an employee organization;

engaging in, inducing, or encouraging any person to engage in a strike;

interfering with the statutory duties of the State or a public employer;

refusing to bargain in good faith; or

not fairly representing employees in collective bargaining or in any other matter in which the employee organization has the duty of fair representation.

Public employers shall allow an exclusive representative to:

The new employee program described in paragraph (1)(ii) of this subsection may be a new employee orientation, training, or other program that the public employer and an exclusive representative negotiate in accordance with Title 6, Subtitle 4 or 5 of the Education Article, Title 16, Subtitle 7 of the Education Article, or Title 3 of the State Personnel and Pensions Article.

Except as provided in paragraph (5) of this subsection, the exclusive representative shall be allowed at least 30 minutes to meet with the new employee or to collectively address all new employees in attendance during a new employee program.

A public employer and an exclusive representative may negotiate a period of time that is more than 30 minutes in accordance with Title 6, Subtitle 4 or 5 of the Education Article, Title 16, Subtitle 7 of the Education Article, or Title 3 of the State Personnel and Pensions Article.

A public employer:

Except as provided in paragraph (2) of this subsection and subject to paragraph (3) of this subsection, a public employer shall provide the exclusive representative at least 10 days’ notice of the start date of a new employee in a bargaining unit represented by the exclusive representative.

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

The notice required under paragraph (1) of this subsection shall:

dues deduction authorization cards;

electronic membership application; or

other method by which an employee has manifested assent for membership dues deduction.

A public employer shall commence making dues deductions as soon as practicable, but not later than 30 days after receiving the proof presented under subsection (a) of this section.

A public employer shall transmit membership dues to the employee organization within 30 days after the deductions are made.

A public employer shall accept an authorization to deduct from the salary of a public employee an amount for the payment of dues in any format authorized under § 21–106 of the Commercial Law Article.

The right of an employee organization to membership dues deduction shall remain in full force and effect until:

If within a period of 1 year, the employee is employed by the same public employer in a position represented by the same exclusive representative, the right to membership dues deduction shall be automatically reinstated.

remain effective; and

be continued on the public employee’s return to the payroll or restoration to active employment from a leave of absence.

the right of the employee organization to membership dues deduction shall continue unless the right is terminated under subsection (d) of this section; and

the employee organization may not be required to present new authorization under subsection (a) of this section.

gain or retain collective bargaining rights; or

certify an employee organization as an exclusive representative.

Within 7 days after a valid election has been scheduled under Subtitle 4 of this title, the public employer shall allow public employees and employee organizations to access the employer’s property and facilities, including grounds, rooms, bulletin boards, interoffice mail, and other common areas for campaign activities for the election.

The public employer may not:

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

a chair appointed by the Governor with the advice and consent of the Senate, representing the public;

two members chosen from a list of candidates submitted by each exclusive representative, appointed by the Governor with due regard for any candidates who have majority or plurality support from exclusive representatives, with the advice and consent of the Senate; and

two members chosen from a list of candidates submitted by public employers, appointed by the Governor with the advice and consent of the Senate.

must have knowledge of and experience with labor law, labor mediation, or labor negotiations;

may not be officers or employees of a public employer, or of an employee organization; and

must be known for objective and independent judgment.

The term of a member is 6 years.

The terms of members are staggered as required by the terms provided for members of the Board on July 1, 2023.

A vacancy shall be filled for an unexpired term in the same manner as an original appointment.

At the end of a term, a member continues to serve until a successor is appointed and qualifies.

A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

A majority of the voting members shall constitute a quorum for:

Formal action may not be taken by the Board without the approval of a majority of the voting members of the Board.

An appointed member of the Board is entitled to:

The chair of the Board shall give full time to the duties of chair and is entitled to a salary as provided in the State budget.

The Board shall appoint an Executive Director of the Board.

The Executive Director:

operating the office of the Board; and

keeping the official records of the Board.

are responsible to and serve at the pleasure of the Board;

must have knowledge of and experience with labor issues;

must be attorneys who:

are entitled to the salary provided in the State budget.

this title;

Title 6, Subtitles 4 and 5 of the Education Article;

Title 16, Subtitle 7 of the Education Article; and

Title 3 of the State Personnel and Pensions Article.

establish procedures for, supervise the conduct of, and resolve disputes about elections for exclusive representatives;

establish procedures for and resolve disputes about petitions for bargaining unit clarification;

establish procedures for and resolve disputes about petitions and elections for decertification of an exclusive representative;

investigate and take appropriate action in response to charges of unfair labor practices, including strikes and lockouts;

establish procedures for and resolve disputes about the negotiability of bargaining subjects;

on application by an employee organization or public employer, determine that the applicant shall be designated as a joint public employer of public employees in an employer–employee bargaining unit determined in accordance with Subtitle 4 of this title when such determination would best effectuate the purposes of this subtitle; and

resolve matters as provided in §§ 6–406, 6–507, and 16–707 of the Education Article.

issue subpoenas; and

administer oaths and affirmations, examine witnesses, and receive evidence.

Except as provided in paragraph (2) of this subsection, the Board shall adopt and enforce regulations, guidelines, and policies to carry out this title.

The Board may not adopt any regulation, guideline, or policy that:

If a party has been charged with engaging in an unfair labor practice, a deputy director shall investigate the charge.

If the Board, through the deputy director’s investigation, finds that probable cause exists to support the charge of an unfair labor practice, the Board shall:

The deputy directors shall endeavor at all times to seek informal resolution of charges or complaints.

The Board and the deputy directors shall make all practical and reasonable efforts to resolve charges and complaints of unfair labor practices in a swift manner.

If there is a charge of an unfair labor practice resulting from a party’s conduct in collective bargaining and that is alleged to have an effect on the course of collective bargaining:

The Board may accelerate the time to resolve charges and complaints in exigent circumstances under regulations adopted by the Board.

a valid petition is filed in accordance with § 22–402 of this subtitle; and

the bargaining unit involved in the petition is determined to be an appropriate bargaining unit under § 22–403 of this subtitle.

An exclusive representative or a bargaining unit in existence on June 30, 2023:

an employee organization seeking certification as an exclusive representative; or

an employee, a group of employees, or an employee organization seeking a new election to determine an exclusive representative.

contain the information the Board requires; and

be accompanied by showing of interest forms from 30% of the employees in the appropriate unit indicating their desire to be exclusively represented by the exclusive representative named in the petition for the purpose of collective bargaining.

shall allow at a minimum an additional 30 days for the petitioner to submit additional showing of interest forms after the petitioner is notified of the determination; and

may, for good cause, provide additional time to the petitioner to provide additional forms.

A petition filed under subsection (a) of this section shall include showing of interest forms provided to the Board from an employee organization.

The Board shall accept a showing of interest form whether or not the signatures on the form are electronic or handwritten.

A showing of interest form may be used by a public employee for each public employer that employs the public employee.

Subject to paragraph (2) of this subsection, a public employer shall provide to the Board and the employee organization an alphabetical list of public employees in each bargaining unit within 2 days after a petition for an election is filed.

The list required to be provided under paragraph (1) of this subsection shall:

A public employer may not challenge the eligibility of a public employee’s vote in an election if the employer fails to explain as required under paragraph (2) of this subsection the reason for excluding a public employee under this subsection.

On application by a public employer or an employee organization, the Board may determine that a public employer shall be designated as a joint public employer of a public employee within a bargaining unit under this subtitle when the designation would best effectuate the purposes of this title.

Except as otherwise provided in this title, Title 6, Subtitle 4 or 5 of the Education Article, Title 16, Subtitle 7 of the Education Article, or Title 3 of the State Personnel and Pensions Article, the Board shall determine the appropriateness of each bargaining unit.

If there is no dispute about the appropriateness of the establishment of the bargaining unit, the Board shall issue an order defining an appropriate bargaining unit.

If there is a dispute about the appropriateness of the establishment of the bargaining unit, the Board shall:

dismiss the petition; or

direct an election in the appropriate bargaining unit if at least 30% of the signatures included in the petition are of employees in the appropriate bargaining unit.

give individual members the right to participate in activities of the organization;

require periodic elections by secret ballot that are conducted with recognized safeguards to ensure the equal rights of all members to nominate, seek office, and vote in the elections; and

direct full and accurate accounting of all income and expenses using standard accounting methods; and

Within 5 days after determining that a valid petition has been submitted under § 22–402 of this subtitle, the Board shall notify interested employee organizations of the pending election petition.

Within 10 days after determining that a valid petition has been submitted under § 22–402 of this subtitle, the public employer, as appropriate, shall make available to all interested employee organizations reasonable and equivalent means to communicate by mail and in person with each employee in the appropriate bargaining unit for the purpose of soliciting the employee’s vote in an election held under this section.

The Board shall place the following choices on the ballot:

a petition for an exclusive representative has been filed for a bargaining unit;

the Board finds that a majority of the employees in the bargaining unit have signed valid authorizations designating the employee organization as their exclusive representative; and

no other employee organization is currently certified or recognized as the exclusive representative of the bargaining unit.