Employees of a public employer have the right to: 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. Public employees have the right to: 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. Except as provided in subsection (d) of this section, an employee organization may establish reasonable: restrictions as to who may join; and provisions for the dismissal of individuals from membership. An employee organization may not establish restrictions and provisions under subsection (c) of this section that discriminate with regard to the terms or conditions of membership because of: age; ancestry; color; creed; gender identity; marital status; mental or physical disability; national origin; race; religious affiliation, belief, or opinion; sex; or sexual orientation.

A public employer shall extend to an exclusive representative the right to: represent public employees in: 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 communicate with its members and elected officials, in a manner and at times at its discretion, concerning issues relevant to the administration and negotiation of an agreement.

On written request of an exclusive representative for each employee in the bargaining unit represented by the exclusive representative, the public employer, as appropriate, shall provide the exclusive representative with the employee’s: 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. The public employer, as appropriate, shall provide the exclusive representative with the requested information in a searchable and analyzable electronic format. Names or lists of employees provided to the Board in connection with an election under this title are not subject to disclosure in accordance with Title 4 of the General Provisions Article. 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.

Except as provided in subsection (b) of this section, a public employer has the right to: 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. The State, through its appropriate officers and employees, has the right to: determine the mission, budget, organization, numbers, types and grades of employees assigned, the work projects, tours of duty, methods, means, and personnel by which its operations are to be conducted, technology needed, internal security practices, and relocation of its facilities; and maintain and improve the efficiency and effectiveness of governmental operations; determine the: services to be rendered, operations to be performed, and technology to be used; and overall methods, processes, means, and classes of work or personnel by which governmental operations are to be conducted; hire, direct, supervise, and assign employees; promote, demote, discipline, discharge, retain, and lay off employees; and terminate employment because of lack of funds, lack of work, under conditions where the employer determines continued work would be inefficient or nonproductive, or for other legitimate reasons; 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.

A public employer is prohibited from engaging in a lockout. Public employees are prohibited from engaging in a strike. A public employer or an employee organization may not interfere with, intimidate, restrain, coerce, or discriminate against a public employee because the public employee exercises rights granted under this title.

A public employer and its officers, employees, agents, or representatives are prohibited from engaging in any unfair labor practice, including: 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: gain or retain collective bargaining rights; or certify an employee organization as an exclusive representative. Employee organizations and their agents or representatives are prohibited from engaging in any unfair labor practice, including: 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.

Each exclusive representative has the right to communicate with the employees that it represents. Public employers shall allow an exclusive representative to: meet with a new employee in a bargaining unit represented by the exclusive representative within the first full pay period of the new employee’s start date; or attend and participate in a new employee program that includes one or more employees who are in a bargaining unit represented by the exclusive representative. 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. Except as provided in subparagraph (ii) of this paragraph, a meeting between the new employee and the exclusive representative shall be in person. An exclusive representative may choose to meet with a new employee by video or similar technology. 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: shall encourage an employee to meet with the exclusive representative or attend the portion of a new employee program designated for an exclusive representative to address new employees; and may not require an employee to meet with an exclusive representative or attend the portion of a new employee program designated for an exclusive representative to address new employees if the employee objects to attending. 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: be provided electronically to the local president or exclusive representative designee within 5 days of the start of any check–in event the employer obligates the employee to attend; except as provided in item (iii) of this paragraph, include the new employee’s name, unit, and all employee identification numbers, including Workday numbers; exclude the new employee’s Social Security number; and be considered confidential by an exclusive representative. Except as provided in subparagraph (ii) of this paragraph, an exclusive representative may not disclose the information in a notice. The exclusive representative may authorize a third–party contractor to use the information in a notice, as directed by the exclusive representative, to fulfill the exclusive representative’s statutory duties.

An employee organization certified as the exclusive representative shall: serve as the sole and exclusive bargaining agent for all employees in the bargaining unit; represent fairly and without discrimination all employees in the bargaining unit, whether or not the employees are members of the employee organization or are paying dues or other contributions to it or participating in its affairs; and promptly file with the Board all changes and amendments to the organization’s governing documents.

An employee organization is entitled to membership dues deduction, on presentation by the employee organization of: 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. This section may not be construed to require an employee to become a member of an employee organization. The right of an employee organization to membership dues deduction shall remain in full force and effect until: an employee revokes membership in accordance with a collective bargaining agreement or the membership application; the employee cancels membership dues deduction under § 2–403 of the State Personnel and Pensions Article; or subject to paragraph (2) of this subsection, the employee is no longer employed by the public employer. 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. If the employee who has consented to dues deduction is either removed from a public employer’s payroll or otherwise placed on an involuntary or voluntary leave of absence, whether paid or unpaid, the public employee’s membership dues deduction authorization shall: remain effective; and be continued on the public employee’s return to the payroll or restoration to active employment from a leave of absence. If an authorization for a public employer to make membership dues deduction was in effect on June 30, 2023: 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.

A public employer or its officers, or an agent of the public employer, may not spend public money, use public resources, or provide assistance to an individual or group for a negative campaign against efforts by employees of a public employer or an employee organization to: 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: limit the amount of time a public employee has access to the public employer’s property and facilities during an election under this section; or alter or revise existing rules or regulations to unfairly limit or prohibit public employees or employee organizations from exercising their rights under this title. This subsection may not be construed to allow campaign activities to interfere with a public employer’s operations.