Collective Bargaining - Public Employees - Revocation of Certification and School and Library Employees' Right to Strike

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1492*

HOUSE BILL 1492
F5, P4 6lr2669

By: Delegates Ebersole, Acevero, Allen, Behler, Bhandari, Boafo, Conaway, Fair,
Foley, D. Jones, Lehman, McCaskill, Patterson, Ruff, Ruth, Simpson, Stein,
Stinnett, Terrasa, Vogel, Wells, White Holland, and Young
Introduced and read first time: February 13, 2026
Assigned to: Government, Labor, and Elections

A BILL ENTITLED

AN ACT concerning 1

Collective Bargaining – Public Employees – Revocation of Certification and 2
School and Library Employees’ Right to Strike 3

FOR the purpose of establishing that certain certificated and noncertificated public school 4
employees, library system employees, and employer organizations have the right to 5
engage in a strike; prohibiting public school and public library employers from taking 6
certain actions against public school and public library employees who support or 7
participate in a strike; repealing the author ity of the Public Employee Relations 8
Board to deny or revoke an employee organization’s certification as exclusive 9
representative of public employees in State and local government under certain 10
circumstances; and generally relating to collective bargaining for public employees. 11

BY repealing and reenacting, without amendments, 12
Article – Education 13
Section 6–401(a) and (e) and 6–501(a) and (g) 14
Annotated Code of Maryland 15
(2025 Replacement Volume and 2025 Supplement) 16

BY adding to 17
Article – Education 18
Section 6–401.1, 6–408, 6–502, and 6–508 19
Annotated Code of Maryland 20
(2025 Replacement Volume and 2025 Supplement) 21

BY repealing and reenacting, with amendments, 22
Article – Education 23
Section 6–406(e) and 6–507(e) 24
Annotated Code of Maryland 25
(2025 Replacement Volume and 2025 Supplement) 26
2 HOUSE BILL 1492

BY adding to 1
Article – Education 2
Section 23–801.1 and 23–901.1 3
Annotated Code of Maryland 4
(2022 Replacement Volume and 2025 Supplement) 5

BY repealing and reenacting, with amendments, 6
Article – Education 7
Section 23–807, 23–808, 23–812, 23–908, and 23–913 8
Annotated Code of Maryland 9
(2022 Replacement Volume and 2025 Supplement) 10

BY repealing and reenacting, with amendments, 11
Article – State Government 12
Section 22–103, 22–205, 22–206(b), and 22–406 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2025 Supplement) 15

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17

Article – Education 18

6–401. 19

(a) In this subtitle the following words have the meanings indicated. 20

(e) (1) “Public school employee” means a certificated professional individual 21
who is employed by a public school employer or an individual of equivalent status in 22
Baltimore City, except for a county superintendent or an individual designated b y the 23
public school employer to act in a negotiating capacity as provided in § 6 –406(c) of this 24
subtitle. 25

(2) In Montgomery County, “public school employees” include: 26

(i) Certificated and noncertificated substitute teachers employed by 27
the public school employer for at least 7 days before March 1 of the school fiscal year ending 28
June 30, 1978, and each year after; and 29

(ii) Home and hospital teachers employed by the public school 30
employer for at least 7 days before March 1 of the school fiscal year ending June 30, 2000, 31
and each year after. 32

(3) In Baltimore County, “public school employee” includes a secondary 33
school nurse, an elementary school nurse, and a special school nurse. 34

HOUSE BILL 1492 3

(4) In Frederick County, “public school employee” includes a social worker 1
employed by a public school employer. 2

(5) In Prince George’s County, “public school employee” includes home and 3
hospital teachers and Junior Reserve Officer Training Corps (JROTC) instructors. 4

(6) In Baltimore County, Calvert County, Charles County, and Garrett 5
County, “public school employee” includes Junior Reserve Officer Training Corps (JROTC) 6
instructors. 7

(7) In Carroll County, “public school employee” includes: 8

(i) A registered nurse; 9

(ii) Supervisory noncertificated employees as defined under § 10
6–501(i) of this title; and 11

(iii) Junior Reserve Officer Training Corps (JROTC) instructors. 12

(8) In Dorchester County, “public school employee” includes supervisory 13
noncertificated employees as defined under § 6–501(i) of this title. 14

6–401.1. 15

THIS SUBTITLE MAY NOT BE CONSTRUED TO INTERFERE WITH, DIMINISH, OR 16
LIMIT THE RIGHT TO STRIKE ESTABLISHED UNDER § 6–408 OF THIS SUBTITLE. 17

6–406. 18

(e) (1) If, on the request of either party, the Board determines from the facts 19
that an impasse is reached in negotiations between a public school employer and an 20
employee organization that is designated as an exclusive negotiating agent, the Board shall 21
within 10 calendar days: 22

(i) Request last and best offers from the public school employer and 23
the employee organization, which may not include items or topics not previously raised in 24
the bargaining process; and 25

(ii) Order the public school employer and the employee organization 26
to commence mediation within 14 days after the Board’s determination that an impasse 27
has been reached. 28

(2) The last and best offers shall list separately every term or condition of 29
employment in dispute and the demand of the party making the last and best offer. 30

(3) Within 5 calendar days after an order to mediate, the parties shall 31
select a mediator by: 32
4 HOUSE BILL 1492

(i) Agreement; or 1

(ii) Alternate striking from a list of seven neutral pa rties furnished 2
by: 3

1. The Federal Mediation and Conciliation Service; or 4

2. The American Arbitration Association. 5

(4) The mediator shall conclude the mediation within 25 days after 6
convening the first mediation session. 7

(5) If the public s chool employer and the employee organization do not 8
reach agreement before concluding the mediation, the mediator shall issue a written offer 9
to both parties and the Board of settlement of all matters raised. 10

(6) Within 5 days after receiving the proposed settlement, the public school 11
employer and the employee organization each shall notify the mediator of its intent to: 12

(i) Accept the written proposed settlement; 13

(ii) Accept the written proposed settlement in part, as mutually 14
agreed on by the public school employer and the employee organization; or 15

(iii) Decline the proposed settlement and request arbitration before 16
the Board. 17

(7) The public school employer and the employee organization shall share 18
the costs of the mediator equally. 19

(8) If either party declines the proposed settlement and requests 20
arbitration, the Board shall, within 5 calendar days, set a date for an arbitration hearing 21
before the Board. 22

(9) The Board shall: 23

(i) Open the arbitration record within 20 days after receiving either 24
party’s decision to decline the mediator’s proposal; 25

(ii) Convene a hearing; 26

(iii) Hear testimony from and receive supporting written evidence, as 27
provided in an order of the Board, from the public school employer, the employee 28
organization, and the mediator; 29

(iv) Administer oaths to witnesses deemed relevant and called by the 30
HOUSE BILL 1492 5

Board; 1

(v) Issue subpoenas to compel the production of relevant and 2
nonprivileged documents and other tangible evidence that would also be subject to 3
production before a hearing or at a hearing under Title 4 of the General Provisions Article; 4
and 5

(vi) Receive, hear, and consider all evidence considered relevant by 6
the Board, whether or not offered through an attorney, including: 7

1. The wages, hours, working conditions, or other terms and 8
conditions of employment of similar public employees in comparable surrounding 9
jurisdictions and comparable jurisdictions outside the State; and 10

2. The ability of the public school employer and the county 11
served by the public school employer to pay, considering their existing resources, the costs 12
of the final offers proposed and other personnel costs. 13

(10) The Board shall conclude the hearing by issuing a written order within 14
20 days after the arbitration record is opened. 15

(11) [The] SUBJECT TO PARAGRAPH (12) OF THIS SUBSECTION , THE 16
Board shall issue the written award that selects and adopts: 17

(i) The complete final offer of the public school employer; 18

(ii) The complete final offer of the employee organization; or 19

(iii) The mediator’s complete offer of settlement. 20

(12) EXCEPT BY AGREEMENT OF THE EMPLOYEE ORGANIZATION, THE 21
BOARD’S WRITTEN AWARD MAY NOT ABRIDGE THE RIGHTS OF A PUBLIC EMPLOYEE 22
UNDER § 6–408 OF THIS SUBTITLE. 23

(13) The Board’s written award is final and binding on the public school 24
employer and the employee organization. 25

[(13)] (14) The public school employer and the employee organization shall 26
share the costs of the hearing equally. 27

[(14)] (15) Any negotiated provision or decision of the Board is subject to the 28
other provisions of this article concerning the fiscal relationship between the public school 29
employer and the county commissioners, county council, and Mayor and City Council of 30
Baltimore City. 31

6–408. 32
6 HOUSE BILL 1492

(A) PUBLIC SCHOOL EMPLOYE ES AND EMPLOYER ORGA NIZATIONS SHALL 1
HAVE THE RIGHT TO ENGAGE IN A STRIKE. 2

(B) A PUBLIC SCHOOL EMPLOYER MAY NOT PROMISE, THREATEN, OR TAKE 3
ANY OF THE FOLLOWING ACTIONS AGAINST A PUBLIC SCHOOL EMPLOYEE: 4

(1) PERMANENTLY REPLACE T HE PUBLIC SCHOOL EMPL OYEE FOR 5
SUPPORTING OR PARTICIPATING IN A STRIKE; 6

(2) DISCRIMINATE AGAINST THE PUBLIC SCHOOL EMPLOYEE WHO IS 7
WORKING, HAS RETURNED TO WORK , OR HAS OFFERED UNCON DITIONALLY TO 8
RETURN TO WORK FOR T HE PUBLIC SCHOOL EMP LOYER AFTER SUPPORT ING OR 9
PARTICIPATING IN A STRIKE; OR 10

(3) LOCK OUT , SUSPEND, OR OTHERWISE WITHHOL D EMPLOYMENT 11
FROM PUBLIC SCHOOL EMPLOYEES IN ORDER TO INFLUENCE THE POSITION OF THE 12
PUBLIC SCHOOL EMPLOY EES OR AN EMPLOYEE O RGANIZATION PRECEDIN G A 13
STRIKE. 14

6–501. 15

(a) In this subtitle the following words have the meanings indicated. 16

(g) (1) “Public school employee” means a noncertificated individual who is 17
employed for at least 9 months a year on a full–time basis by a public school employer. 18

(2) “Public school emp loyee” includes a noncertificated employee in 19
Baltimore City notwithstanding that the noncertificated employee does not work for at 20
least 9 months a year on a full–time basis. 21

(3) “Public school employee” does not include: 22

(i) A managerial employee; or 23

(ii) A confidential employee. 24

6–502. 25

THIS SUBTITLE MAY NOT BE CONSTRUED TO INTERFERE WITH, DIMINISH, OR 26
LIMIT THE RIGHT TO STRIKE ESTABLISHED UNDER § 6–508 OF THIS SUBTITLE. 27

6–507. 28

(e) (1) If, on the request of either party, the Board determi nes from the facts 29
HOUSE BILL 1492 7

that an impasse is reached in negotiations between a public school employer and an 1
employee organization that is designated as an exclusive negotiating agent, the Board shall 2
within 10 calendar days: 3

(i) Request last and best offers from the public school employer and 4
the employee organization, which may not include items or topics not previously raised in 5
the bargaining process; and 6

(ii) Order the public school employer and the employee organization 7
to commence mediation within 1 4 days after the Board’s determination that an impasse 8
has been reached. 9

(2) The last and best offers shall list separately every term or condition of 10
employment in dispute and the demand of the party making the last and best offer. 11

(3) Within 5 calendar days after an order to mediate, the parties shall 12
select a mediator by: 13

(i) Agreement; or 14

(ii) Alternate striking from a list of seven neutral parties furnished 15
by: 16

1. The Federal Mediation and Conciliation Service; or 17

2. The American Arbitration Association. 18

(4) The mediator shall conclude the mediation within 25 days after 19
convening the first mediation session. 20

(5) If the public school employer and the employee organization do not 21
reach agreement before concluding the mediation, the mediator shall issue a written offer 22
to both parties and the Board of settlement of all matters raised. 23

(6) Within 5 days after receiving the proposed settlement, the public school 24
employer and the employee organization each shall notify the mediator of its intent to: 25

(i) Accept the written proposed settlement; 26

(ii) Accept the written proposed settlement in part, as mutually 27
agreed on by the public school employer and the employee organization; or 28

(iii) Decline the proposed settlem ent and request arbitration before 29
the Board. 30

(7) The public school employer and the employee organization shall share 31
the costs of the mediator equally. 32
8 HOUSE BILL 1492

(8) If either party declines the proposed settlement and requests 1
arbitration, the Board shall, within 5 calendar days, set a date for an arbitration hearing 2
before the Board. 3

(9) The Board shall: 4

(i) Open the arbitration record within 20 days after receiving either 5
party’s decision to decline the mediator’s proposal; 6

(ii) Convene a hearing; 7

(iii) Hear testimony from and receive supporting written evidence, as 8
provided in an order of the Board, from the public school employer, the employee 9
organization, and the mediator; 10

(iv) Administer oaths to witnesses deemed relevant and called by the 11
Board; 12

(v) Issue subpoenas to compel the production of relevant and 13
nonprivileged documents and other tangible evidence that would also be subject to 14
production before a hearing or at a hearing under Title 4 of the General Provisions Article; 15
and 16

(vi) Receive, hear, and consider all evidence considered relevant by 17
the Board, whether or not offered through an attorney, including: 18

1. The wages, hours, working conditions, or other terms and 19
conditions of employment of similar public e mployees in comparable surrounding 20
jurisdictions and comparable jurisdictions outside the State; and 21

2. The ability of the public school employer and the county 22
served by the public school employer to pay, considering their existing resources, the costs 23
of the final offers proposed and other personnel costs. 24

(10) The Board shall conclude the hearing by issuing a written order within 25
20 days after the arbitration record is opened. 26

(11) [The] SUBJECT TO PARAGRAPH (12) OF THIS SUBSECTION , THE 27
Board shall issue the written award that selects and adopts: 28

(i) The complete final offer of the public school employer; 29

(ii) The complete final offer of the employee organization; or 30

(iii) The mediator’s complete offer of settlement. 31

HOUSE BILL 1492 9

(12) EXCEPT BY AGREEMENT OF THE EMPLOYEE ORGANIZATION, THE 1
BOARD’S WRITTEN AWARD MAY NOT ABRIDGE THE RIGHTS OF A PUBLIC EMPLOYEE 2
UNDER § 6–508 OF THIS SUBTITLE. 3

(13) The Board’s written award is final and binding on the public school 4
employer and the employee organization. 5

[(13)] (14) The public school employer and the employee organization shall 6
share the costs of the hearing equally. 7

[(14)] (15) Any negotiated provision or decision of the Board is subject to the 8
other provisions of this article concerning the fiscal relationship between the public school 9
employer and the county commissioners and county council. 10

6–508. 11

(A) PUBLIC SCHOOL EMPLOYE ES AND EMPLOYER ORGA NIZATIONS SHALL 12
HAVE THE RIGHT TO ENGAGE IN A STRIKE. 13

(B) A PUBLIC SCHOOL EMPLOYER MAY NOT PROMISE, THREATEN, OR TAKE 14
THE FOLLOWING ACTIONS AGAINST A PUBLIC SCHOOL EMPLOYEE: 15

(1) PERMANENTLY REPLACE T HE PUBLIC SCHOOL EMP LOYEE FOR 16
SUPPORTING OR PARTICIPATING IN A STRIKE; 17

(2) DISCRIMINATE AGAINST THE PUBLIC SCHOOL EMPLOYEE WHO IS 18
WORKING, HAS R ETURNED TO WORK , OR HAS OFFERED UNCON DITIONALLY TO 19
RETURN TO WORK FOR T HE PUBLIC SCHOOL EMP LOYER AFTER SUPPORTI NG OR 20
PARTICIPATING IN A STRIKE; OR 21

(3) LOCK OUT , SUSPEND, OR OTHERWISE WITHHOL D EMPLOYMENT 22
FROM PUBLIC SCHOOL EMPLOYEES IN ORDER TO INFLUENCE THE POSITION OF THE 23
PUBLIC SCHOOL EMPLOY EES OR AN EMPLOYEE O RGANIZATION PRECEDIN G A 24
STRIKE. 25

23–801.1. 26

THIS SUBTITLE MAY NOT BE CONSTRUED TO INTERFERE WITH, DIMINISH, OR 27
LIMIT THE RIGHT TO STRIKE ESTABLISHED UNDER § 23–812 OF THIS SUBTITLE. 28

23–807. 29

(a) If an employee organization is certified as described in this subtitle, the 30
employer and the employee organization shall enter into a collective bargaining agreement 31
10 HOUSE BILL 1492

that contains provisions regarding: 1

(1) Wages, hours, and terms and conditions of employment; 2

(2) The orderly processing and settlement of grievances regarding the 3
interpretation and implementation of the collective bargaining agreement; and 4

(3) Other topics that the parties may mutually agree to that were suitable 5
for bargaining. 6

(b) (1) The employer automatically shall deduct from the paycheck of an 7
employee, who is a member of the bargaining unit represented by the certified exclusive 8
representative, dues authorized and owed by the employee to the certified exclusive 9
representative if the employee submits to the employer a dues deduction authorization card 10
that has been duly executed by the employee. 11

(2) Any dues deducted from paychecks under paragraph (1) of this 12
subsection shall be remitted to the certified exclusive representative. 13

(3) The employer automatically shall stop making payroll deductions 14
under paragraph (1) of this subsection on behalf of a certified exclusive representative if: 15

(i) The certified exclusive representative is decertified; 16

(ii) The certified exclusive representative’s right to dues is revoked; 17

(iii) The employee ceases to be a member of the bargaining unit 18
represented by the certified exclusive representative; or 19

(iv) The employee resigns from membership in the employee 20
organization. 21

(c) This section may not be construed to[: 22

(1) Authorize or otherwise allow an employee to engage in a strike as 23
defined in § 3–303 of the State Personnel and Pensions Article; or 24

(2) Restrict] RESTRICT the authority of the County Executive or the 25
County Council to determine the budget of the employer. 26

(d) (1) A collective bargaining agreement entered into under subsection (a) of 27
this section shall be effective on ratification by the majority of votes cast by the employees 28
in the bargaining unit and approval by the Director and Board. 29

(2) A single year or multiyear collective bargaining agreement shall expire 30
at the close of Baltimore County’s fiscal year. 31

HOUSE BILL 1492 11

23–808. 1

(a) (1) Except as provided in par agraph (2) of this subsection, the employer 2
and the certified exclusive representative shall reach an agreement by March 1 of the year 3
in which a collective bargaining agreement will expire. 4

(2) The employer and the certified exclusive representative mu tually may 5
agree to extend negotiations for a period not to extend past June 30 of the year in which a 6
collective bargaining agreement will expire. 7

(b) An impasse is reached during the negotiations between the employer and the 8
certified exclusive representative if the employer and the certified exclusive representative 9
do not reach an agreement by: 10

(1) March 1 of the year in which a collective bargaining agreement will 11
expire; or 12

(2) If negotiations were extended, the date to which negotiations were 13
extended under subsection (a)(2) of this section. 14

(c) (1) If an impasse is reached under subsection (b) of this section, the 15
employer and the certified exclusive representative shall submit a final offer to the other 16
party within 48 hours after the impasse is reached. 17

(2) Unless the impasse reached under subsection (b) of this section has 18
been resolved, the dispute and the final offers shall be submitted to the mediator selected 19
by the parties in accordance with subsection (d) of this section. 20

(d) (1) Within 30 days after a mediator is selected by the parties, the mediator 21
shall: 22

(i) Meet with the Director and the certified exclusive representative; 23
and 24

(ii) Make written findings of fact and recommendations for the 25
resolution of the dispute in accordance with this subsection. 26

(2) (i) If the parties are unable to agree on a mediator, they shall 27
request a list of seven mediators from the Federal Mediation and Conciliation Service. 28

(ii) Within 3 working days after receiving the list under 29
subparagraph (i) of this paragraph, the parties shall alternately remove one mediator from 30
the list until only one mediator remains, who the parties shall agree will serve as the 31
mediator under this subsection. 32

(3) The mediator shall act as an intermedi ary in bringing the parties 33
together and shall actively assist the parties in resolving the dispute by: 34
12 HOUSE BILL 1492

(i) Conducting proceedings in accordance with this subsection; 1

(ii) Reviewing the final positions of the parties; 2

(iii) Identifying the major issues in the dispute between the parties; 3

(iv) Reviewing the positions of the parties; and 4

(v) Recommending a resolution for the agreement of the parties. 5

(4) A resolution under this subsection: 6

(i) Shall address matters such as wages, ho urs, or terms and 7
conditions of employment; 8

(ii) May not include health care benefits; and 9

(iii) May not exceed 1 fiscal year, unless agreed to by the parties. 10

(5) Any resolution under this subsection regarding pension benefits shall 11
be construe d as a recommendation to or consideration for the appropriate pension 12
administrator of the State or Baltimore County. 13

(6) (i) Before issuing a final decision, the mediator shall take into 14
consideration, among any other relevant factors: 15

1. The wages and pension benefits, not including health care 16
benefits, of the employees of the bargaining unit; 17

2. The wages and pension benefits of other similarly situated 18
employees performing similar services in libraries of comparable jurisdictions to Baltimore 19
County in the State, taking into consideration the cost of living index for the area in which 20
the comparable department is located; 21

3. Wages and pension benefits of similarly situated 22
Baltimore County employees; 23

4. The last published annu al U.S. Department of Labor 24
Consumer Price Index for All Urban Consumers for All Items in the Washington–Baltimore 25
area; 26

5. The special nature of the work performed by the 27
employees of the bargaining unit, including: 28

A. Physical requirements of employment; 29

HOUSE BILL 1492 13

B. Educational requirements; 1

C. Job training and job skills; and 2

D. Shift assignments and the demands placed on the 3
employees compared to the demands placed on other similarly situated library employees 4
in comparable jurisdictions to Baltimore County; 5

6. State and county mandated expenditures; 6

7. Subject to subparagraph (ii) of this paragraph, availability 7
of funds, including financial sources of revenue; and 8

8. The interest and welfare of the public. 9

(ii) In considering the availability of funds for wage increases, the 10
mediator shall consider the general fund revenues of Baltimore County and the Baltimore 11
County Spending Affordability Committee Report. 12

(7) A mediator may not: 13

(i) Recommend a wage increase without approval of the County 14
Executive and County Council; 15

(ii) Recommend a pension benefit increase without approval of the 16
appropriate pension administrator of the State or Baltimore County; or 17

(iii) Consider testimony regarding funds for capit al improvements, 18
surplus contingency, or reserve funds. 19

(8) (i) The parties are strongly encouraged to reach an agreement on all 20
issues whenever possible. 21

(ii) If no agreement can be reached by the parties, the mediator shall 22
issue a report with the mediator’s decision, including written findings of fact. 23

(9) The mediator may adopt a package of final positions or rule on each 24
matter separately. 25

(10) Copies of the mediator’s written findings and recommendations shall be 26
submitted to the Director and the certified exclusive representative on or before the 27
immediately following April 2. 28

(11) Any costs associated with this subsection shall be shared equally by the 29
employer and the certified exclusive representative. 30

(12) This subsection may not be construed to interfere with any efforts the 31
14 HOUSE BILL 1492

parties may undertake to reach an agreement at any time. 1

(13) (i) The County Executive is not bound by any decision made under 2
this subsection and shall act in accordance with this section. 3

(ii) The County Council may accept or reject the recommendation of 4
approval by the County Executive. 5

(14) This subsection shall be the exclusive procedure for resolving disputes 6
between the parties, unless the parties, by mutual agreement, determine to use anothe r 7
method of dispute resolution. 8

(e) (1) The Director shall submit the findings and recommendations of the 9
mediator to the Board in a timely manner consistent with the timing of paragraph (2) of 10
this subsection. 11

(2) The Board shall approve all recommendations and findings of the 12
mediator that do not relate to a financial issue or require an appropriation of additional 13
funds within 5 days of the mediator’s decision. 14

(F) EXCEPT BY AGREEMENT O F THE EMPLOYEE ORGAN IZATION, THE 15
BOARD’S FINAL DECISION MAY NOT ABRIDGE THE RIGHTS OF A PUBLIC EMPLOYEE 16
UNDER § 23–812 OF THIS SUBTITLE. 17

23–812. 18

(a) [(1)] In this section [the following words have the meanings indicated. 19

(2) “Lockout”], “LOCKOUT” means the temporary withholding of work, by 20
means of shutting down an operation or function in order to bring pressure on employees 21
or on their representatives to accept a change in compensation or rights, privileges, 22
obligations, or other terms and conditions of employment. 23

[(3) “Secondary boycott” means an activity by an employee organization or 24
its members that is intended to induce, encourage, or coerce persons doing business with 25
the employer to withhold, withdraw, or in any respect curtail their business relations with 26
the county. 27

(4) “Strike” means the refusal or failure by an employee or group of 28
employees to perform their duties of employment as assigned if a purpose of the refusal or 29
failure is to induce, force, or require the employer to act or refrain from acting with regard 30
to any matter. 31

(5) “Work stoppage” means: 32

(i) The willful absence of a group of employees from their positions; 33
HOUSE BILL 1492 15

(ii) The engaging in a slowdown by employees; or 1

(iii) The refusal of employees to perform job duties.] 2

[(b) In general, strikes, work stoppages, lockouts, and secondary boycotts are 3
prohibited. 4

(c) (1) Employees and employee organizations may not engage in, sponsor, 5
initiate, support, direct, or condone a strike, work stoppage, or secondary boycott. 6

(2) Employee organizations may not engage in, initiate, sponsor, or 7
support, directly or indirectly, picketing of the employer, its property, or field or office 8
facilities in furtherance of a strike, work stoppage, or secondary boycott. 9

(d) If an employee organization violates this section, the Board, after a majority 10
vote, may: 11

(1) Revoke the employee organization’s designation as certified exclusive 12
representative; 13

(2) Disqualify the employee organization from participating in 14
representation elections for a period of up to 2 years; and 15

(3) Terminate immediately the payroll deductions for the employee 16
organization’s dues. 17

(e) An employee who violates this section is subject to immediate disciplinary 18
action, which may include permanent dismissal from the employment by the employer for 19
just cause.] 20

(B) PUBLIC LIBRARY EMPLOY EES AND EMPLOYEE ORG ANIZATIONS SHALL 21
HAVE THE RIGHT TO ENGAGE IN A STRIKE. 22

(C) A PUBLIC LIBRARY EMPLOYER MAY NOT PROMISE, THREATEN, OR TAKE 23
ANY OF THE FOLLOWING ACTIONS AGAINST A PUBLIC LIBRARY EMPLOYEE: 24

(1) PERMANENTLY REPLACE T HE PUBLIC LIBRARY EMPLOYEE FOR 25
SUPPORTING OR PARTICIPATING IN A STRIKE; 26

(2) DISCRIMINATE AGAINST THE PUBLIC LIBRARY EMPLOYEE WHO IS 27
WORKING, HAS RETURNED TO WORK , OR HAS OFFERED UNC ONDITIONALLY TO 28
RETURN TO WORK FOR T HE PUBLIC LIBRARY EM PLOYER AFTER SUPPORT ING OR 29
PARTICIPATING IN A STRIKE; OR 30

16 HOUSE BILL 1492

(3) LOCK OUT , SUSPEND, OR OTHERWISE WITHHOL D EMPLOYMENT 1
FROM PUBLIC LIBRARY EMPLOYEES IN ORDER TO INFLUENCE THE POSITION OF THE 2
PUBLIC LIBRA RY EMPLOYEES OR AN E MPLOYEE ORGANIZATION PRECEDING A 3
STRIKE. 4

[(f)] (D) (1) The employer may not direct a lockout against employees. 5

(2) This subsection may not be construed to prohibit the employer from 6
exercising its managerial rights. 7

23–901.1. 8

THIS SUBTITLE MAY NOT BE CONSTRUED TO INTERFERE WITH, DIMINISH, OR 9
LIMIT THE RIGHT TO STRIKE ESTABLISHED UNDER § 23–913 OF THIS SUBTITLE. 10

23–908. 11

(a) If an employee organization is certified as described in this subtitle, the 12
employer and the employee organization shall enter into a collective bargaining agreement 13
that contains provisions regarding: 14

(1) Wages, hours, and terms and conditions of employment; 15

(2) The orderly processing and settlement of grievances regarding the 16
interpretation and implementation of the collective bargaining agreement that culminate 17
in final and binding arbitration; and 18

(3) Other topics that the parties may mutually agree to that were suitable 19
for bargaining. 20

(b) (1) The employer automatically shall deduct from the paycheck of an 21
employee who is a member of the bargaining unit represented by the certified exclusive 22
representative dues authorized and owed by the employee to the certified exclusive 23
representative if the employee submits to the employer a dues deduction authorization that 24
has been duly executed by the employee. 25

(2) Any dues deducted from paychecks under paragraph (1) of this 26
subsection shall be remitted to the certified exclusive representative. 27

(3) The employer automatically shall stop making payr oll deductions 28
under paragraph (1) of this subsection on behalf of a certified exclusive representative if: 29

(i) The certified exclusive representative is decertified; 30

(ii) The certified exclusive representative’s right to dues is revoked 31
under § 23–913(d)(3) of this subtitle; 32
HOUSE BILL 1492 17

(iii) The employee ceases to be a member of the bargaining unit 1
represented by the certified exclusive representative; or 2

(iv) Subject to paragraph (4) of this subsection, the employee revokes 3
the authorization for payments to the exclusive representative in accordance with the 4
procedures provided in a dues deduction authorization. 5

(4) The procedures provided in a dues deduction authorization utilized 6
under this subsection shall allow for a revocation of the autho rization for payments to the 7
exclusive representative at least annually. 8

(c) This section may not be construed to[: 9

(1) Authorize or otherwise allow an employee to engage in a strike or work 10
stoppage, as those terms are defined in § 23–913 of this subtitle; or 11

(2) Restrict] RESTRICT the authority of the funding body of the applicable 12
county to determine the budget of the employer. 13

(d) (1) A collective bargaining agreement entered into under subsection (a) of 14
this section shall be effective on ratification by the majority of votes cast by the employees 15
in the bargaining unit and approval by the director and the employer. 16

(2) A single–year or multiyear collective bargaining agreement shall expire 17
at the close of the county’s fiscal year. 18

23–913. 19

(a) [(1)] In this section [the following words have the meanings indicated. 20

(2) “Lockout”], “LOCKOUT” means the temporary withholding of work, by 21
means of shutting down an operation or function in order to bring pressure on employees 22
or on their representatives to accept a change in compensation or rights, privileges, 23
obligations, or other terms and conditions of employment. 24

[(3) “Secondary boycott” means an activity by an employee organization or 25
its members that is intended to induce, encourage, or coerce persons doing business with 26
the employer to withhold, withdraw, or in any respect curtail their business relations with 27
the county. 28

(4) “Strike” means the refusal or failure by an employee or group of 29
employees to perform their duties of employment as assigned if a purpose of the refusal or 30
failure is to induce, force, or require the employer to act or refrain from acting with regard 31
to any matter. 32

(5) “Work stoppage” means: 33
18 HOUSE BILL 1492

(i) The willful absence of a group of employees from their positions; 1

(ii) The engaging in a slowdown by employees; or 2

(iii) The refusal of employees to perform job duties.] 3

[(b) In general, strikes, work stoppages, lockouts, and secondary boycotts are 4
prohibited. 5

(c) (1) Employees and employee organizations may not engage in, sponsor, 6
initiate, support, direct, or condone a strike, work stoppage, or secondary boycott. 7

(2) Employee organizations may not engage in, initiate, sponsor, or 8
support, directly or indirectly, picketing of the employer, its property, or field or office 9
facilities in furtherance of a strike, work stoppage, or secondary boycott. 10

(d) If an employee organization violates this section, the employer may: 11

(1) Revoke the employee organization’s designation as certified exclusive 12
representative; 13

(2) Disqualify the employee organization from participating in 14
representation elections for a period of up to 2 years; and 15

(3) Terminate immediately the payroll deductions for the employee 16
organization’s dues. 17

(e) An employee who violates this section is subject to immediate disciplinary 18
action, which may include permanent dismissal from th e employment by the employer for 19
just cause.] 20

(B) PUBLIC LIBRARY EMPLOYEES AND EMPLOYER ORG ANIZATIONS SHALL 21
HAVE THE RIGHT TO ENGAGE IN A STRIKE. 22

(C) A PUBLIC LIBRARY EMPLOYER MAY NOT PROMISE, THREATEN, OR TAKE 23
ANY OF THE FOLLOWING ACTIONS AGAINST A PUBLIC LIBRARY EMPLOYEE: 24

(1) PERMANENTLY REPLACE T HE PUBLIC LIBRARY EM PLOYEE FOR 25
SUPPORTING OR PARTICIPATING IN A STRIKE; 26

(2) DISCRIMINATE AGAINST THE PUBLIC LIBRARY EMPLOYEE WHO IS 27
WORKING, HAS RETURNED TO WORK , OR HAS OFFERED UNCON DITIONALLY TO 28
RETURN TO WORK FOR T HE PUBLIC LIBRARY EM PLOYER AFTER SUPPORT ING OR 29
PARTICIPATING IN A STRIKE; OR 30
HOUSE BILL 1492 19

(3) LOCK OUT , SUSPEND, OR OTHERWISE WITHHOL D EMPLOYMENT 1
FROM PUBLIC LIBRARY EMPLOYEES IN ORDER TO INFLUENCE THE POSITION OF THE 2
PUBLIC LIBRARY EMPLO YEES OR AN EMPLOYEE ORGANIZA TION PRECEDING A 3
STRIKE. 4

[(f)] (D) (1) The employer may not direct a lockout against employees. 5

(2) This subsection may not be construed to prohibit the employer from 6
exercising its managerial rights. 7

Article – State Government 8

22–103. 9

(A) THIS TITLE MAY NOT BE CONSTRUED TO INTERFE RE WITH, DIMINISH, 10
OR LIMIT THE RIGHT T O STRIKE ESTABLISHED UNDER § 6–408, § 6–508, § 23–812, 11
OR § 23–913 OF THE EDUCATION ARTICLE. 12

(B) Decisions of the federal National Labor Relations Board may be afforded 13
persuasive weight in any interpretation of this title. 14

22–205. 15

(a) A public employer is prohibited from engaging in a lockout. 16

(b) [Public] EXCEPT AS PROVIDED IN § 6–408, § 6–508, § 23–812, OR § 17
23–913 OF THE EDUCATION ARTICLE, PUBLIC employees are prohibited from engaging 18
in a strike. 19

(c) A public employer or an employee organization may not interfere with, 20
intimidate, restrain, coerce, or discriminate against a public employee because the public 21
employee exercises rights granted under this title. 22

22–206. 23

(b) Employee organizations and their agents or representatives are prohibited 24
from engaging in any unfair labor practice, including: 25

(1) interfering with, restraining, or coercing employees in the exercise of 26
their rights under this title; 27

(2) causing or attempting to cause a public employer to discriminate in 28
hiring, tenure, or any term or condition of employment to encourage or discourage 29
membership in an employee organization; 30

20 HOUSE BILL 1492

(3) EXCEPT AS PROVIDED IN § 6–408, § 6–508, § 23–812, OR § 23–913 1
OF THE EDUCATION ARTICLE, engaging in, inducing, or encouraging any person to 2
engage in a strike; 3

(4) interfering with the statutory duties of the State or a public employer; 4

(5) refusing to bargain in good faith; or 5

(6) not fai rly representing employees in collective bargaining or in any 6
other matter in which the employee organization has the duty of fair representation. 7

22–406. 8

(a) [Except as provided in subsection (b) of this section, the ] THE Board shall 9
certify as exclusi ve representative the employee organization receiving the votes in an 10
election from a majority of the employees voting in the election. 11

(b) [After notice and an opportunity for a hearing, the Board may deny or revoke 12
certification as exclusive representa tive of an employee organization for willful failure to 13
comply with this title. 14

(c)] Notwithstanding any other provision of this subtitle, the Board shall certify 15
the employee organization as the exclusive representative without an election if: 16

(1) a petition for an exclusive representative has been filed for a bargaining 17
unit; 18

(2) the Board finds that a majority of the employees in the bargaining unit 19
have signed valid authorizations designating the employee organization as their exclusive 20
representative; and 21

(3) no other employee organization is currently certified or recognized as 22
the exclusive representative of the bargaining unit. 23

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
October 1, 2026. 25