A memorandum of understanding shall contain all matters of agreement reached in the collective bargaining process.
The memorandum shall be in writing and signed by the exclusive representative involved in the collective bargaining negotiations and:
for a memorandum of understanding relating to the State, the Governor or the Governor’s designee;
for a memorandum of understanding relating to the Maryland Environmental Service, the Board of Directors of the Service;
for a memorandum of understanding relating to a system institution of the University System of Maryland, the Chancellor or the Chancellor’s designee; and
for a memorandum of understanding relating to Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College, the governing board of the institution or the governing board’s designee.
No memorandum of understanding is valid if it extends for less than 1 year or for more than 3 years.
Except as provided in paragraphs (2) and (3) of this subsection, a memorandum of understanding is not effective until it is ratified by the Governor and a majority of the votes cast by the employees in the bargaining unit.
In the case of a State institution of higher education or the University System of Maryland, a memorandum of understanding is not effective until it is ratified by the institution’s governing board or the University System of Maryland Board of Regents and a majority of the votes cast by the employees in the bargaining unit.
In the case of the Maryland Environmental Service, a memorandum of understanding is not effective until it is ratified by the Board of Directors of the Service and a majority of the votes cast by the employees in the bargaining unit.
Subject to subsections (b) and (c) of this section, with regard to the University System of Maryland, if an exclusive representative represents more than one bargaining unit of employees and requests to bargain a consolidated memorandum of understanding, the Chancellor and the exclusive representative shall negotiate the terms of one consolidated memorandum of understanding to apply to all bargaining units for employees of all system institutions represented by the exclusive representative.
A consolidated memorandum of understanding shall include terms relating to:
contracting out or supplementing bargaining unit work;
duration of the consolidated memorandum of understanding;
employee rights;
grievance and appeals of discipline;
health, safety, and welfare, including personal protective equipment;
insurance related to health and other benefits;
union stewards;
labor management committees;
layoffs and recall;
leave;
maintenance of membership;
management rights;
nondiscrimination;
performance evaluations;
personnel files;
probationary periods;
recognition and scope;
retirement benefits;
tuition remission;
rights and responsibilities of essential workers;
union rights; and
wages and salaries.
A president of a system institution, or the president’s designee, and the exclusive representative shall negotiate and enter into a separate agreement regarding the following matters:
designation of essential employees;
student breaks and holidays;
hours of work;
other compensation that does not directly impact wages or salary;
shift differentials;
teleworking; and
uniforms and equipment.
A consolidated memorandum of understanding may not include terms relating to the matters listed in subparagraph (i) of this paragraph.
For a matter particular to a system institution that is not listed in paragraph (1) or (2) of this subsection, the matter shall be negotiated:
on mutual agreement and in writing, by the exclusive representative and the president of the system institution or the president’s designee; or
if the parties in item (i) of this paragraph cannot mutually agree, as part of the consolidated memorandum of understanding.
On conclusion of negotiations under this section, all matters of agreement regarding matters listed in subsection (b)(1) and (b)(3) of this section shall be included in the consolidated memorandum of understanding.
Subject to § 3–603 of this subtitle, the effective date of a consolidated memorandum of understanding under this section shall be July 1 to align with the fiscal year of the University System of Maryland and shall continue in effect until a subsequent June 30.
A memorandum of understanding agreed to and ratified under § 3–601 of this subtitle may not expire until it is succeeded by a memorandum of understanding that is agreed to and ratified or adopted by arbitration under this title.
Notwithstanding § 3–601(b) of this subtitle, all terms of a memorandum of understanding shall continue in force and effect without change until a successor memorandum of understanding is agreed to and ratified.
Based on a verified complaint by an exclusive representative, the exclusive representative may file an action in a circuit court against the State, the Maryland Environmental Service, a system institution, Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College to enforce the terms of this section.
On receipt of an action submitted by the exclusive representative, the court shall issue a status quo order without a finding of irreparable harm to maintain a memorandum of understanding and the terms in effect pending a final order in the action.