Labor Law - Child Labor Penalties, Private Sector Employee Labor Relations, and State Employee Labor Standards

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1480*

HOUSE BILL 1480
K3 6lr2730
CF SB 831
By: Delegate Clippinger Delegates Clippinger, Fair, Lehman, Ruth, Solomon,
Stewart, Terrasa, Wells, and Wilson
Introduced and read first time: February 13, 2026
Assigned to: Government, Labor, and Elections
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 8, 2026

CHAPTER ______

AN ACT concerning 1

Labor Law – Child Labor Penalties, Private Sector Employee Labor Relations, 2
and State Employee Labor Standards 3

FOR the purpose of establishing certain civil penalties for violations of law involving the 4
employment of minors; prohibiting employers in the State from allowi ng the 5
formation of a certain organization or entity that is expressly exempt from or not 6
subject to the federal National Labor Relations Act or the jurisdiction of the National 7
Labor Relations Board; authorizing certain private employees to petition the P ublic 8
Employee Relations Board to resolve certain matters under certain circumstances; 9
authorizing the Public Employee Relations Board to resolve the petitions of private 10
employees in a certain manner; prohibiting a unit of State government in the 11
Executive Branch from applying to the federal government for a waiver of any 12
applicable provision of the federal Fair Labor Standards Act; requiring the Maryland 13
Department of Labor to monitor certain action by the federal government for a 14
certain purpose; and gen erally relating to labor protections for minors, private 15
employees, and State employees. 16

BY repealing and reenacting, without amendments, 17
Article – Labor and Employment 18
Section 3–213 and 3–216 19
Annotated Code of Maryland 20
(2025 Replacement Volume) 21

BY adding to 22
2 HOUSE BILL 1480

Article – Labor and Employment 1
Section 3–217 and 4–406 2
Annotated Code of Maryland 3
(2025 Replacement Volume) 4

BY repealing and reenacting, with amendments, 5
Article – State Personnel and Pensions 6
Section 2–201 7
Annotated Code of Maryland 8
(2024 Replacement Volume and 2025 Supplement) 9

BY repealing and reenacting, with amendments, 10
Article – State Government 11
Section 22–101 12
Annotated Code of Maryland 13
(2021 Replacement Volume and 2025 Supplement) 14

BY adding to 15
Article – State Government 16
Section 22–2A–01 through 22 –2A–04 to be under the new subtitle “Subtitle 2A. 17
Private Employees” 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2025 Supplement) 20

BY repealing and reenacting, with amendments, 21
Article – State Personnel and Pensions 22
Section 2–201 23
Annotated Code of Maryland 24
(2024 Replacement Volume and 2025 Supplement) 25

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
That the Laws of Maryland read as follows: 27

Article – Labor and Employment 28

3–213. 29

(a) Except as otherwise provided in this subtitle, a minor may not be employed or 30
allowed to work: 31

(1) in, about, or in connection with the manufacturing of a hazardous 32
substance; 33

(2) in, about, or in connection with: 34

(i) a blast furnace; 35

HOUSE BILL 1480 3

(ii) a distillery where an alcoholic beverage is manufactured, bottled, 1
wrapped, or packed; 2

(iii) a railroad; 3

(iv) an engineer, firefighter, or pilot on a vessel that is engaged in 4
commerce; or 5

(v) a dock or wharf other than a marina where pleasure vessels are 6
sold or served; or 7

(3) in, about, or in connection with: 8

(i) the erection or repair of an electrical wire; 9

(ii) the cleaning, oiling, or wiping of machinery; or 10

(iii) an occupation that is prohibited by law. 11

(b) Except as otherwise provided in this subtitle, a minor under the age of 16 may 12
not be employed or allowed to work: 13

(1) during the school hours set for that minor; 14

(2) about or in connection with an acid, dye, gas, lye, or paint; 15

(3) at, about, or in connection with: 16

(i) an airport; 17

(ii) a brickyard; 18

(iii) a lumberyard; 19

(iv) a workroom or work site where goods are manufactured or 20
processed; 21

(v) scaffolding; or 22

(vi) a vessel when engaged in navigation or commerce; or 23

(4) in, about, or in connection with: 24

(i) construction; 25

(ii) an occupation that causes dust in an injurious quantity; 26

4 HOUSE BILL 1480

(iii) a manufacturing occupation; 1

(iv) a mechanical occupation; 2

(v) a processing occupation; or 3

(vi) the adjustment, cleaning, or operation of power –driven 4
machinery except: 5

1. an office machine; or 6

2. machinery used in a school or government institution as 7
part of vocational training. 8

(c) The Commissioner may prohibit minors being employed in an occupation if: 9

(1) after a public hearing, the Commissioner determines that employment 10
in the occupation should be prohibited to minors; 11

(2) the Commissioner adopts by reference a determination by the United 12
States Secretary of Labor under the federal Fair Labor Standards Act of 1938 that the 13
occupation is hazardous; or 14

(3) after investigation, the Commissioner determines that the occupation 15
is injurious to: 16

(i) the health or welfare of minors; or 17

(ii) the morals of minors under the age of 16 years. 18

3–216. 19

(a) A person may not: 20

(1) interfere with or hinder the performance of any duty of the 21
Commissioner under this subtitle; or 22

(2) knowingly give false information to the Commissioner. 23

(b) A person may not knowingly: 24

(1) employ a minor in violation of a provision of this subtitle; or 25

(2) allow a minor to be employed in violation of a provision of this subtitle. 26

HOUSE BILL 1480 5

(c) (1) A person who violates any provision of subsection (a) of this section is 1
guilty of a misdemeanor and on conviction is subject to a fine not e xceeding $1,000 or 2
imprisonment not exceeding 90 days or both. 3

(2) A person who violates any provision of subsection (b) of this section is 4
guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or 5
imprisonment not exceeding 1 year or both. 6

3–217. 7

(A) THE COMMISSIONER MAY ASSESS A CIVIL PENALTY AGAINST A PERSON 8
WHO: 9

(1) VIOLATES § 3–216(A) OR (B) OF THIS SUBTITLE; OR 10

(2) WILLFULLY OR REPEATEDLY EMPLOYS A MINOR IN VIOLATION OF 11
§ 3–213 OF THIS SUBTITLE. 12

(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A 13
CIVIL PENALTY ASSESS ED UNDER SUBSECTION (A)(1) OF THIS SECTION MAY NOT 14
EXCEED: 15

(I) BEFORE JULY 15, 2027, $16,035 FOR EACH VIOLATION; OR 16

(II) BEGINNING JULY 15, 2027, THE AMOUNT SET BY TH E 17
COMMISSIONER UNDER SUBSECTION (C) OF THIS SECTION FOR EACH VIOLATION. 18

(2) A CIVIL PENALTY ASSESS ED UNDER SUBSECTION (A)(2) OF THIS 19
SECTION MAY NOT EXCEED: 20

(I) BEFORE JULY 15, 2027, $72,876 FOR EACH VIOLATION; OR 21

(II) BEGINNING JULY 15, 2027, THE A MOUNT SET BY THE 22
COMMISSIONER UNDER SUBSECTION (C) OF THIS SECTION FOR EACH VIOLATION. 23

(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , BEGINNING 24
JANUARY 1, 2027, AND EACH CALENDAR YE AR THEREAFTER, THE COMMISSIONER 25
SHALL INCREASE THE MAXIMUM PENALTIES IN EFFECT UNDER SUBSECTION (A) OF 26
THIS SECTION BY INCREASING EACH CIVIL PENALTY AMOUNT BY THE PERCENTAGE 27
INCREASE, IF ANY, IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS 28
OR A SUCCESSOR INDEX PUBLISHED BY THE FED ERAL BUREAU OF LABOR 29
STATISTICS AS NECESSARY TO COMPLY WITH FEDERAL LAW. 30

6 HOUSE BILL 1480

(2) THE ADJUSTMENT UNDER PARAGRAPH (1) OF THIS SUBSECTION 1
SHALL BE EFFECTIVE JULY 15 EACH YEAR. 2

(D) A CIVIL PENALTY UNDER THIS SECTION SHALL B E PAID INTO THE 3
GENERAL FUND OF THE STATE. 4

4–406. 5

(A) (1) IN THIS SECTION THE FOLLOWIN G WORDS HAVE THE MEA NINGS 6
INDICATED. 7

(2) “FEDERAL ACT” MEANS THE FEDERAL NATIONAL LABOR 8
RELATIONS ACT. 9

(3) “LABOR ORGANIZATION” HAS THE MEANING STATED IN § 152 OF 10
THE FEDERAL ACT. 11

(4) “SUPERVISOR” HAS THE MEANING STAT ED IN § 152 OF THE 12
FEDERAL ACT. 13

(B) AN EMPLOYER IN THE STATE MAY NOT ALLOW T HE FORMATION OF AN 14
ORGANIZATION OR ENTITY IN THE WORKPLACE: 15

(1) THAT IS INITIATED THROUGH ACTION OF THE EMPLOYER OR THE 16
EMPLOYEES OF THE EMPLOYER AND ESTABLISHED THROUGH MUTUAL CONSENT OF 17
THE EMPLOYER AND ANY NUMBER OF EMPLOYEES; 18

(2) IN WHICH SUPERVISORS AND EMPLOYEE MEMBERS PARTICIPATE 19
TO ADDRESS OR NEGOTI ATE WORKING CONDITIO NS OF MUTUAL INTERES T, 20
INCLUDING THE EMPLOY EES’ QUALITY OF WORK , PRODUCTIVITY, EFFICIENCY, 21
COMPENSATION, BENEFITS, RECRUITMENT, RETENTION, GRIEVANCES, CHILD CARE, 22
SAFETY, HEALTH, OR ACCOMMODATION OF RELIGIOUS BELIEFS AND PRACTICES; 23

(3) THAT MAY BE DISSOLVED UNILATERALLY BY THE EMPLOYER; AND 24

(4) THAT, THROUGH ANY FEDERAL ACTION OCCURRING ON OR AFTER 25
JANUARY 1, 2026, IS, IN WHOLE OR IN PART , EXPRESSLY EXEMPT FRO M OR 26
OTHERWISE NOT SUBJECT TO: 27

(I) THE FEDERAL ACT; OR 28

(II) THE JURISDICTION OF THE NATIONAL LABOR RELATIONS 29
BOARD. 30
HOUSE BILL 1480 7

(C) THIS SECTION MAY NOT BE CONSTRUED TO PRECLUDE: 1

(1) THE FORMATION OF A LABOR ORGANIZATION THAT IS SUBJECT TO 2
THE FEDERAL ACT AND THE JURISDICTION OF THE NATIONAL LABOR RELATIONS 3
BOARD; OR 4

(2) CERTIFICATION AS AN EXCLUSIVE REPRESENTATIVE UNDER THE 5
FEDERAL ACT; OR 6

(3) THE FORMATION OF A COMMITTEE OR GOVERNANCE STRUCTURE 7
REQUIRED FOR ACCREDI TATION OR DESIGNATIO N BY A STATE OR NATI ONAL 8
ORGANIZATION. 9

Article – State Personnel and Pensions 10

2–201. 11

(A) Except as otherwise provided by law, an employee in the Judicial, Legislative, 12
or Executive Branch of State government is governed by the laws and personnel policies 13
and procedures applicable in that branch. 14

(B) A UNIT IN THE EXECUTIVE BRANCH OF STATE GOVERNMENT MAY NOT 15
PETITION OR APPLY TO THE FEDERAL GOVERNME NT FOR A WAIVER OF A NY 16
PROVISION OF THE FEDERAL FAIR LABOR STANDARDS ACT THAT IS APPLICABLE TO 17
THE UNIT, EVEN IF THE WAIVER IS OTHERWISE AUTHORIZED UNDER FEDERAL LAW. 18

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 19
as follows: 20

Article – State Government 21

22–101. 22

(a) In this title the following words have the meanings indicated. 23

(b) “Board” means the Public Employee Relations Board. 24

(c) Unless specifically provided otherwise, “day” means a calendar day. 25

(d) “Employee organization” means: 26

(1) a labor organization in which public employees participate and that has 27
as one of its primary purposes representing public employees; OR 28

8 HOUSE BILL 1480

(2) FOR PURPOSES OF SUBTITLE 2A OF THIS TITLE , A LABOR 1
ORGANIZATION IN WHICH PRIVATE EMPLOYEES PARTICIPATE AND THAT HAS AS ONE 2
OF ITS PRIMARY PURPOSES REPRESENTING PRIVATE EMPLOYEES. 3

(e) “Exclusive representative” means an employee organization that has been 4
certified by the Board as an exclusive representative FOR PUBLIC EMPLOYEES under 5
Subtitle 4 of this title OR FOR PRIVATE EMPLO YEES UNDER SUBTITLE 2A OF THIS 6
TITLE. 7

(f) “Interested employee organization” means: 8

(1) an employee organization already representing employees in a 9
bargaining unit; or 10

(2) a petitioner who has met the showing of interest requirement under § 11
22–402 of this title. 12

(g) “Lockout” means action taken by a public employer to: 13

(1) interrupt or prevent the continuity of the employees’ usual work for the 14
purpose and with the intent of coercing the employees into relinquishing rights guaranteed 15
by this title; or 16

(2) bring economic pressure on employees for the purpose of securing the 17
agreement of their executive representative to collective bargaining agreement terms. 18

(h) “PRIVATE EMPLOYEE” MEANS AN INDIVIDUAL WHO: 19

(1) IS SUBJECT TO THE FEDERAL NATIONAL LABOR RELATIONS ACT; 20
OR 21

(2) WOULD HAVE BEEN SUBJECT TO THE FEDERAL NATIONAL LABOR 22
RELATIONS ACT AS IT EXISTED ON JANUARY 1, 2025. 23

(I) “Public employee” means an individual who holds a position by appointment 24
or employment in the service of a public employer with col lective bargaining rights under 25
Title 3 of the State Personnel and Pensions Article or Title 6, Subtitle 4 or 5 or Title 16, 26
Subtitle 7 of the Education Article. 27

[(i)] (J) “Public employer” means: 28

(1) the State, including any unit, department, or instrumentality of the 29
State; 30

(2) a community college listed under § 16 –702(b) of the Education Article; 31
and 32
HOUSE BILL 1480 9

(3) a county board of education or the Baltimore City Board of School 1
Commissioners. 2

[(j)] (K) (1) “Showing of interest form” means a written statement from a 3
public employee who wishes to be represented by a petitioning employee organization for 4
the purpose of collective bargaining. 5

(2) “Showing of interest form” includes: 6

(i) a union authorization card; or 7

(ii) a union membership card. 8

[(k)] (L) (1) “Strike” means any concerted action to impede the full and 9
proper performance of employment duties in order to induce, influence, coerce, or enforce 10
demands for a change in wages, hours, terms, or other conditions of employment. 11

(2) “Strike” includes a total or partial: 12

(i) refusal or failure to report to work; 13

(ii) refusal or failure to perform employment duties; 14

(iii) withdrawal from work; 15

(iv) work stoppage; or 16

(v) work slowdown. 17

SUBTITLE 2A. PRIVATE EMPLOYEES. 18

22–2A–01. 19

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 20
INDICATED. 21

(B) “CHARGING PARTY ” MEANS THE PARTY ALLE GING THAT AN UNFAIR 22
LABOR PRACTICE HAS OCCURRED. 23

(C) “FEDERAL ACT” MEANS THE FEDERAL NATIONAL LABOR RELATIONS 24
ACT. 25

(D) “NLRB” MEANS THE NATIONAL LABOR RELATIONS BOARD. 26

10 HOUSE BILL 1480

(E) “RESPONDENT” MEANS THE PARTY THAT ALLEGEDLY COMMITTED AN 1
UNFAIR LABOR PRACTICE. 2

22–2A–02. 3

THIS SUBTITLE: 4

(1) APPLIES ONLY TO PRIVATE EMPLOYEES AND THE EMPLOYERS OF 5
PRIVATE EMPLOYEES; AND 6

(2) MAY NOT BE CONSTRUED TO AFFECT THE RIGHTS OF PRIVATE 7
EMPLOYEES UNDER ANY OTHER FEDERAL OR STATE LAW. 8

22–2A–03. 9

(A) (1) THIS SUBTITLE SHALL B E CONSTRUED LIBERALL Y TO ENSURE 10
THAT ALL PRIVATE EMP LOYEES IN THE STATE CAN EFFECTIVELY EXERCISE THE 11
FUNDAMENTAL RIGHT TO FULL FREEDOM OF ASSO CIATION, SELF–ORGANIZATION, 12
AND DESIGNATION OF R EPRESENTATIVES OF TH EIR OWN CHOOSING , FREE FROM 13
RETALIATION OR INTIMIDATION BY THEIR EMPLOYERS. 14

(2) PRIVATE EMPLOYEES IN THE STATE HAVE THE RIGHT: 15

(I) TO ENGAGE IN COLLECTIVE ACTION AND TO ORGANIZE , 16
FORM, JOIN, OR ASSIST EMPLOYEE ORGANIZATIONS; AND 17

(II) WHEN PRIVATE EMPLOYE ES CHOOSE TO DO SO 18
COLLECTIVELY THROUGH SELECTED OR DESIGNAT ED BARGAINING 19
REPRESENTATIVES, TO ENGAGE IN EFFECTI VE AND EXPEDITIOUS COLLECTIVE 20
BARGAINING THAT RESU LTS IN A COLLECTIVE BARGAINING AGREEMENT 21
ADDRESSING THE PRIVATE EMPLOYEES’ TERMS AND CONDITIONS OF EMPLOYMENT. 22

(3) THE STATE OR A POLITICAL SUBDIVISION OF THE STATE MAY 23
NOT, DIRECTLY OR INDIRECT LY, DENY, BURDEN, OR ABRIDGE THE RIGHTS 24
DESCRIBED UNDER PARA GRAPH (2) OF THIS SUBSECTION U NLESS NECESSARY TO 25
SERVE A COMPELLING STATE INTEREST ACHIEV ED BY THE LEAST REST RICTIVE 26
MEANS. 27

(B) A PRIVATE EMPLOYEE MAY PETITION THE BOARD TO PROTECT AND 28
ENFORCE THE RIGHTS DESCRIBED IN SUBSECTION (A)(2) OF THIS SECTION IF: 29

(1) THE PRIVATE EMPLOYEE: 30

HOUSE BILL 1480 11

(I) IS EMPLOYED IN A POSITION THAT LOSES COVERAGE UNDER 1
THE FEDERAL ACT BECAUSE THE FEDERAL ACT IS ENTIRELY REPEALED OR 2
NARROWED OR ITS ENFORCEMENT IS ENJOINED IN A CASE INVOLVING THE PRIVATE 3
EMPLOYEE RENDERED ENTIRELY NULL AND VOID; AND 4

(II) IS NOT COVERED UNDER THE FEDERAL RAILWAY LABOR 5
ACT; OR 6

(2) SUBJECT TO SUBSECTION (C) OF THIS SECTION, THE NLRB HAS 7
EXPRESSLY OR IMPLIEDLY CEDED JURISDICTION TO THE STATES. 8

(C) (1) THIS SUBSECTION APPLIES ONLY WITH RESPECT TO CASES THAT: 9

(I) WERE PENDING BEFORE THE NLRB AS OF JUNE 1, 2026; OR 10

(II) ARE FILED WITH THE NLRB ON OR AFTER JUNE 1, 2026. 11

(2) THE NLRB SHALL BE DEEMED TO HAVE CEDED JURISDICTION TO 12
THE STATES IF: 13

(I) FOR CASES WHERE A CERTIFICATIO N OF THE RESULTS OF 14
AN ELECTION, INCLUDING A CERTIFICATION OF A REPRESENTATIVE, IS IN DISPUTE, 15
A REGIONAL DIRECTOR OR AN ADMINISTRATIVE LAW JUDGE HAS ISSUED A 16
DECISION, OR WHERE CHALLENGES OR OBJECTIONS TO A R EPRESENTATIVE 17
ELECTION ARE PENDING BEFORE THE NLRB, THE NLRB: 18

1. LACKS A QUORUM; 19

2. HAS LOST ITS INDEPEN DENCE DUE TO THE U.S. 20
SUPREME COURT FINDING NLRB MEMBERS ARE UNLAWFULLY PROTECTED FROM 21
REMOVAL BY THE PRESIDENT OF THE UNITED STATES; OR 22

3. IS FACING A CONSTITUTIONAL CHALL ENGE 23
REGARDING THE STRUCT URE AND AUTHORITY OF THE NLRB AND, AS A RESULT , 24
THE CONTINUED PROCES SING OF A CASE BEFOR E THE NLRB IS ENJOINED BY A 25
COURT; 26

(II) FOR CASES WHERE NO C ERTIFICATION, COMPLAINT, OR 27
DECISION HAS BEEN ISSUED, WHEN THERE IS A PROCESSING DELAY THAT RESULTS 28
IN THE PRIVATE EMPLOYEE’S CASE REMAINING PENDING: 29

1. BEFORE A REGIONAL DI RECTOR OF THE NLRB FOR 30
MORE THAN 6 MONTHS WITHOUT ISSUANCE OF A COMPLAINT OR CERTIFICATION; OR 31
12 HOUSE BILL 1480

2. FOR MORE THAN 6 MONTHS AFTER A COMPLAINT HAS 1
BEEN ISSUED WITHOUT THE SUBSEQUENT ISSUA NCE OF A DECISION BY AN 2
ADMINISTRATIVE LAW J UDGE OR , WITH RESPECT TO CERT IFICATION, WITHOUT 3
ISSUANCE OF A DECISION BY THE NLRB; 4

(III) FOR CASES WHERE A CE RTIFICATION OF THE R ESULTS OF 5
AN ELECTION , INCLUDING A CERTIFICATIO N OF A REPRESENTATIV E, OR OTHER 6
REVIEWABLE ORDER HAS BEEN ISSUED BY A REG IONAL DIRECTOR OF TH E NLRB 7
OR AN ADMINISTRATIVE LAW JUDGE, WHEN THERE IS A PROC ESSING DELAY THAT 8
RESULTS IN FAILURE BY THE NLRB TO: 9

1. ACCEPT OR DECLINE REVIEW; OR 10

2. GRANT SPECIAL PERMIS SION TO APPEAL FOR M ORE 11
THAN 6 MONTHS FOLLOWING THE FILING OF A REQUEST FOR REVIEW OR FOR 12
SPECIAL PERMISSION TO APPEAL; OR 13

(IV) FOR CASES ON REVIEW OR EXCEPTION BEFORE THE NLRB, 14
WHEN THERE IS A PROC ESSING DELAY THAT R ESULTS IN THE CASE R EMAINING 15
PENDING FOR MORE THAN 12 MONTHS WITHOUT ISSUANCE OF A FINAL DECISION. 16

(D) IF THE BOARD DETERMINES THAT ANY OF THE CONDITION S UNDER 17
SUBSECTION (C)(2) OF THIS SECTION NO LONGER APPLY, THE BOARD SHALL RETAIN 18
JURISDICTION OVER PE NDING MATTERS UNLESS ORDERED BY A COURT O F 19
COMPETENT JURISDICTI ON TO CEDE JURISDICT ION TO THE FEDERAL 20
GOVERNMENT. 21

(E) (C) (1) A PRIVATE EMPLOYEE MAY PETITION THE BOARD UNDER 22
THIS SECTION TO: 23

(I) PROCESS ANY REPRESEN TATION PETITION PREV IOUSLY 24
FILED WITH THE NLRB; 25

(II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , 26
PROMPTLY CERTIFY AN EMPLOYEE ORGANIZATIO N AS AN EXCLUSIVE 27
REPRESENTATIVE IN AC CORDANCE WITH SUBSEC TION (G)(1)(II)1 (E)(1)(II)1 OF 28
THIS SECTION; OR 29

(III) DECIDE AN UNFAIR LABOR PRACTICE CASE ARISING UNDER 30
THE FEDERAL ACT. 31

HOUSE BILL 1480 13

(2) ANY EXISTING TERMS AN D CONDITIONS OF EMPL OYMENT 1
NEGOTIATED BETWEEN A CERTIFIED EXCLUSIVE REPRESENTATIVE AND A N 2
EMPLOYER SHALL REMAIN IN FULL FORCE AND EFFECT DURING THE BA RGAINING 3
FOLLOWING CERTIFICATION. 4

(F) (D) (1) TO PURSUE RELIEF FROM THE BOARD UNDER THIS 5
SECTION, A PRIVATE EMPLOYEE O R THE PRIVATE EMPLOY EE’S REPRESENTATIVE 6
SHALL FILE WITH THE BOARD: 7

(I) THE CHARGING PARTY’S NAME, ADDRESS, E–MAIL ADDRESS, 8
AND TELEPHONE NUMBER; 9

(II) THE RESPONDENT ’S N AME, ADDRESS, E–MAIL ADDRESS , 10
AND TELEPHONE NUMBER; 11

(III) WHERE APPLICABLE, THE ORIGINAL CHARGE OR PETITION 12
FILED WITH THE NLRB ALONG WITH ALL SUPPO RTING DOCUMENTATION AND 13
EVIDENCE THAT WAS SUBMITTED TO THE NLRB; AND 14

(IV) ALL CORRESPONDENCE , COMMUNICATIONS, OR OTHER 15
COVERED MATERIALS RECEIVED BY THE CHARGING PARTY, OR OTHERWISE IN THE 16
CHARGING PARTY ’S POSSESSION , FROM THE NLRB REGARDING THE ORIGIN AL 17
CHARGE OR PETITION FILED WITH THE NLRB. 18

(2) THE DOCUMENTATION AND EVIDENCE FILED WITH THE BOARD 19
UNDER PARAGRAPH (1) OF THIS SUBSECTION M AY NOT BE SERVED ON THE 20
RESPONDENT. 21

(3) THE SUPPORTING DOCUME NTATION AND EVIDENCE SUBMITTED 22
TO THE BOARD UNDER PARAGRAPH (1) OF THIS SUBSECTION SHALL BE MAINTAINED 23
CONFIDENTIALLY AS PA RT OF THE BOARD’S INVESTIGATORY FILE AND IS NOT 24
SUBJECT TO PUBLIC INSPECTION UNDER THE PUBLIC INFORMATION ACT. 25

(G) (E) (1) TO CARRY OUT THIS SECTION, THE BOARD MAY: 26

(I) CONDUCT ELECTIONS TO DETERMINE WHETHER A 27
MAJORITY OF PRIVATE EMPLOYEES IN AN APPR OPRIATE BARGAINING U NIT HAVE 28
SELECTED AN EXCLUSIVE REPRESENTATIVE FOR P URPOSES OF COLLECTIV E 29
BARGAINING; 30

(II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION: 31

14 HOUSE BILL 1480

1. PROMPTLY CERTIFY AN EXCLUSIVE BARGAINING 1
REPRESENTATIVE BY DE TERMINING WHETHER A MAJORITY OF PRIVATE 2
EMPLOYEES IN AN APPROPRIATE BARGAINING UNIT HAVE SELECTED AN EXCLUSIVE 3
REPRESENTATIVE FOR PURPOSES OF COLLECTIVE BARGAINING; AND 4

2. ORDER THAT AN EMPLOY ER BARGAIN WITH THAT 5
EXCLUSIVE BARGAINING REPRESENTATIVE; 6

(III) ORDER THAT AN EMPLOY ER BARGAIN WITH AN E XCLUSIVE 7
BARGAINING REPRESENT ATIVE AND OTHERWISE DECIDE UNFAIR LABOR 8
PRACTICES; 9

(IV) ORDER THAT AN EMPLOY ER SUBMIT TO BINDING 10
ARBITRATION TO ASSIS T THE PARTIES IN FIN ALIZING NEGOTIATIONS FOR A 11
COLLECTIVE BARGAINING AGREEMENT IF: 12

1. THE NLRB OR THE BOARD HA S CERTIFIED AN 13
EXCLUSIVE BARGAINING REPRESENTATIVE; OR 14

2. AN EMPLOYER HAS VOLU NTARILY RECOGNIZED T HE 15
EXCLUSIVE BARGAINING REPRESENTATIVE OF A GROUP OF PRIVATE EMP LOYEES 16
AND MORE THAN 6 MONTHS HAVE PASSED WITHOUT THE PARTIES AGREEING ON AND 17
EXECUTING A COLLECTIVE BARGAINING AGREEMENT; 18

(V) ORDER ANY APPROPRIAT E REMEDY , INCLUDING 19
INJUNCTIVE RELIEF AN D CIVIL PENALTIES UN DER § 22–2A–04(A) OF THIS 20
SUBTITLE, NECESSARY TO EFFECTUATE THIS SECTION, INCLUDING IF AN EMPLOYER 21
REFUSES TO COMPLY WITH AN ORDER UNDER THIS SECTION; OR 22

(VI) OTHERWISE DECIDE ALL EGATIONS OF UNFAIR L ABOR 23
PRACTICES. 24

(2) (I) SELECTION OF AN EXCLU SIVE REPRESENTATIVE FOR 25
PURPOSES OF PARAGRAPH (1)(II)1 OF THIS SUBSECTION M AY BE DEMONSTRATED 26
THROUGH: 27

1. A PREVIOUS CERTIFICA TION BY ANOTHER STATE OR 28
FEDERAL AGENCY; 29

2. AN ELECTION; 30

3. A WRITTEN DESIGNATION; OR 31

HOUSE BILL 1480 15

4. ANOTHER PROCESS RECO GNIZED BY THE BOARD OR 1
THE NLRB AT THE TIME THE SELECTION IS MADE. 2

(II) A PENDING OBJECTION OR VOTER ELIGIBILITY CHALLENGE 3
IN AN ELECTION PREVIOUSLY PENDING WITH THE NLRB MAY BE RESOLVED BY THE 4
BOARD IN THE EXERCISE OF AUTHORITY UNDER P ARAGRAPH (1)(II) OF THIS 5
SUBSECTION. 6

(H) (F) TO RESOLVE A MATTER B ROUGHT BEFORE THE BOARD UNDER 7
THIS SECTION, THE BOARD: 8

(1) MAY RELY ON ITS OWN PRIOR DECISIONS OR PRECEDENT UNDER 9
THE FEDERAL ACT; AND 10

(2) SHALL EXERCISE THE A UTHORITY UNDER ITEM (1) OF THIS 11
SUBSECTION IN A MANN ER THAT MOST EXPANSI VELY EFFECTUATES THE RIGHTS 12
ESTABLISHED UNDER THIS SECTION. 13

22–2A–04. 14

(A) IF THE BOARD FINDS THAT AN EMPLOYER COMMITTE D AN UNFAIR 15
LABOR PRACTICE UNDER THE FEDERAL ACT, THE BOARD MAY ASSESS A CI VIL 16
PENALTY NOT EXCEEDING $1,000 FOR EACH PRIVATE EMPLOYEE WITH RESPECT TO 17
WHOM THE VIOLATION OCCURRED. 18

(B) CIVIL PENALTIES ASSESSED UNDER SUBSECTION (A) OF THIS SECTION 19
SHALL BE DISTRIBUTED TO A SPECIAL FUND TO BE USED ONLY FOR THE BOARD TO 20
CARRY OUT THE REQUIREMENTS OF THIS SECTION. 21

(C) AN ORDER BY THE BOARD UNDER THIS SECT ION IS SUBJECT TO 22
JUDICIAL REVIEW BY T HE CIRCUIT COURT ON PETITION OF ANY PART Y TO TH E 23
BOARD’S DECISION. 24

Article – State Personnel and Pensions 25

2–201. 26

(A) Except as otherwise provided by law, an employee in the Judicial, Legislative, 27
or Executive Branch of State government is governed by the laws and personnel policies 28
and procedures applicable in that branch. 29

(B) A UNIT IN THE EXECUTIVE BRANCH OF STATE GOVERNMENT MAY NOT 30
PETITION OR APPLY TO THE FEDERAL GOVERNME NT FOR A WAIVER OF A NY 31
16 HOUSE BILL 1480

PROVISION OF THE FEDERAL FAIR LABOR STANDARDS ACT THAT IS APPLICABLE TO 1
THE UNIT, EVEN IF THE WAIVER IS OTHERWISE AUTHORIZED UNDER FEDERAL LAW. 2

SECTION 3. AND BE IT FURTHER ENACTED, That: 3

(a) Section 2 of this Act is contingent on: 4

(1) the federal National Labor Relations Act being entirely repealed or 5
rendered entirely null and void; or 6

(2) the National Labor Relations Board expressly ceding jurisdiction to the 7
State regarding any employer, employees, trade, industry, or labor dispute covered under 8
the federal National Labor Relations Act. 9

(b) (1) The Maryland Department of Labor shall monitor action by the federal 10
government to determine whether the contingency described under subsection (a) of this 11
section is met. 12

(2) If the Maryland Department of Labor determines the contingency 13
described under subsection (a) of this section is met, the Secretary of Labor shall notify the 14
Department of Legislative Services within 30 days after the determination is made. 15

(c) If the Department of Legislative Services receives notice from the Maryland 16
Department of Labor as described under subsect ion (b)(2) of this section, Section 2 of this 17
Act shall take effect on the date the notice is received by the Department of Legislative 18
Services. 19

SECTION 2. 4. AND BE IT FURTHER ENACTED, That, subject to Section 3 of this 20
Act, this Act shall take effect June 1, 2026. 21

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.