Maryland Labor Relations Act

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1539*

HOUSE BILL 1539
K3, P1 6lr1231

By: Delegate Wilson
Introduced and read first time: February 13, 2026
Assigned to: Government, Labor, and Elections

A BILL ENTITLED

AN ACT concerning 1

Maryland Labor Relations Act 2

FOR the purpose of establishing the Maryland Labor Relations Board as an independent 3
unit of State government to oversee collective bargaining activities for certain 4
private sector employees; establishing that certain employees have the right to 5
participate in collective bargaining; establishing certain rights for employees and 6
employers related to collective bargaining; establishing certain procedures related to 7
elections and certification of exclusive representatives; prohibiting an employer and 8
employee organizations from engaging in certain unfair labor practices; and 9
generally relating to collective bargaining rights, unfair labor practices , and rights 10
of employees in the State. 11

BY adding to 12
Article – Labor and Employment 13
Section 4.5–101 through 4.5–502 to be under the new title “Title 4.5. Maryland Labor 14
Relations Act” 15
Annotated Code of Maryland 16
(2025 Replacement Volume) 17

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19

Article – Labor and Employment 20

TITLE 4.5. MARYLAND LABOR RELATIONS ACT. 21

SUBTITLE 1. DEFINITIONS; GENERAL PROVISIONS. 22

4.5–101. 23

2 HOUSE BILL 1539

(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 1
INDICATED. 2

(B) “BOARD” MEANS THE MARYLAND LABOR RELATIONS BOARD. 3

(C) (1) “EMPLOYEE” INCLUDES AN INDIVIDUAL: 4

(I) WHOSE WORK HAS CEASE D AS A CONSEQUENCE O F, OR IN 5
CONNECTION WITH , AN EXISTING LABOR DISPUTE OR BEC AUSE OF AN UNFAIR 6
LABOR PRACTICE; AND 7

(II) WHO HAS NOT OBTAINED OTH ER REGULAR AND 8
SUBSTANTIALLY EQUIVALENT EMPLOYMENT. 9

(2) “EMPLOYEE” DOES NOT INCLUDE AN INDIVIDUAL EMPLOYED: 10

(I) AS AN AGRICULTURAL LABORER; 11

(II) IN DOMESTIC SERVICE OF A FAMILY OR AN INDIVIDUAL IN 12
THE HOME OF THE FAMILY OR INDIVIDUAL; 13

(III) BY THE INDIVIDUAL’S PARENT OR SPOUSE; 14

(IV) AS AN INDEPENDENT CONTRACTOR; 15

(V) BY AN EMPLOYER SUBJE CT TO THE FEDERAL RAILWAY 16
LABOR ACT; OR 17

(VI) AS A SUPERVISORY EMPLOYEE. 18

(D) “EMPLOYEE ORGANIZATION” MEANS A LABOR ORGANIZATION IN WHICH 19
EMPLOYEES PARTICIPAT E AND THAT HAS AS ON E OF ITS PRIMARY PUR POSES 20
REPRESENTING EMPLOYEES. 21

(E) “EMPLOYER” INCLUDES ANY PERSON ACTING AS AN AGENT O F AN 22
EMPLOYER, DIRECTLY OR INDIRECTLY. 23

(F) “EXCLUSIVE REPRESENTATIVE” MEANS AN EMPLOYEE OR GANIZATION 24
THAT HAS BEEN CERTIFIED BY THE BOARD AS AN EXCLUSIVE REPRESENTATIVE. 25

(G) “SUPERVISORY EMPLOYEE ” MEANS AN EMPLOYEE WITH THE 26
AUTHORITY, IN THE INTEREST OF THE EMPLOYER, TO: 27

HOUSE BILL 1539 3

(1) HIRE, TRANSFER, SUSPEND, LAY OFF , RECALL, PROMOTE, 1
DISCHARGE, ASSIGN, REWARD, OR DISCIPLINE EMPLOYEES; 2

(2) RESPONSIBLY DIRECT EMPLOYEES FOR MORE THAN 50% OF THE 3
EMPLOYEES’ WORKING HOURS; OR 4

(3) ADDRESS AND RESOLVE THE GRIEVANCES OF EMPLOYEES. 5

4.5–102. 6

THIS TITLE MAY NOT BE CONSTRUED TO INTERFERE WITH , IMPEDE, OR 7
DIMINISH AN EMPLOYEE’S RIGHT TO STRIKE. 8

SUBTITLE 2. MARYLAND LABOR RELATIONS BOARD. 9

4.5–201. 10

THERE IS A MARYLAND LABOR RELATIONS BOARD AS AN INDEPENDENT UNIT 11
OF STATE GOVERNMENT. 12

4.5–202. 13

(A) THE GOVERNOR SHALL APPOINT, WITH THE ADVICE AND CONSENT OF 14
THE SENATE: 15

(1) A CHAIR OF THE BOARD; AND 16

(2) FOUR MEMBERS OF THE BOARD. 17

(B) EACH MEMBER OF THE BOARD MUST: 18

(1) HAVE KNOWLEDGE OF AND EXPERIENCE WITH LABOR LAW, LABOR 19
MEDIATION, OR LABOR NEGOTIATIONS; AND 20

(2) BE KNOWN FOR OBJECTIVE AND INDEPENDENT JUDGMENT. 21

(C) (1) THE TERM OF A BOARD MEMBER IS 5 YEARS. 22

(2) THE TERMS OF THE MEMB ERS ARE STAGGERED BY THE TERMS 23
PROVIDED FOR MEMBERS OF THE BOARD ON THE EFFECTIVE DATE O F CHAPTER 24
_____ (H.B. 1539) OF THE ACTS OF THE GENERAL ASSEMBLY OF 2026. 25

4 HOUSE BILL 1539

(3) A VACANCY SHALL BE FIL LED FOR AN UNEXPIRED TERM IN THE 1
SAME MANNER AS AN ORIGINAL APPOINTMENT. 2

(4) AT THE END OF THE TERM, A MEMBER CONTINUES T O SERVE 3
UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIES. 4

(5) A MEMBER WHO IS APPOINTED AFTER A TERM HAS BEGUN SERVES 5
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 6
QUALIFIES. 7

(D) THE GOVERNOR MAY REMOVE A BOARD MEMBER FOR: 8

(1) INCOMPETENCE; 9

(2) MISCONDUCT; 10

(3) UNPROFESSIONAL CONDUCT; OR 11

(4) DISHONORABLE CONDUCT. 12

(E) IN MAKING APPOINTMENT S TO THE BOARD, THE GOVERNOR SHALL 13
ENSURE, TO THE EXTENT PRACTI CABLE, THAT THE RATIO OF MA LE TO FEMALE 14
MEMBERS AND THE RACI AL MAKEUP OF THE BOARD IS REFLECTIVE O F THE 15
GENERAL POPULATION OF THE STATE. 16

(F) (1) A BOARD MEMBER IS ENTITLED TO: 17

(I) THE COMPENSATION PRO VIDED IN THE STATE BUDGET ; 18
AND 19

(II) REIMBURSEMENT FOR EX PENSES UNDER THE STANDARD 20
STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET. 21

(2) THE CHAIR OF THE BOARD SHALL GIVE FULL –TIME TO THE 22
DUTIES OF CHAIR AND IS ENTITLED TO A SAL ARY AS PROVIDED IN T HE STATE 23
BUDGET. 24

(G) THE BOARD SHALL SET THE TIMES AND PLACES OF ITS MEETINGS. 25

(H) THREE MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM FOR: 26

(1) THE TRANSACTION OF ANY BUSINESS; OR 27

HOUSE BILL 1539 5

(2) THE EXERCISE OF ANY POWER OR THE PERFORM ANCE OF ANY 1
DUTY AUTHORIZED OR IMPOSED BY LAW. 2

4.5–203. 3

(A) THE BOARD IS RESPONSIBLE FOR ADMINISTERING AN D ENFORCING 4
THIS TITLE. 5

(B) IN ADDITION TO THE PO WERS AND DUTIES OTHERWISE PROVIDED 6
UNDER THIS TITLE, THE BOARD MAY: 7

(1) ESTABLISH PROCEDURES FOR, SUPERVISE THE CONDUCT OF, AND 8
RESOLVE DISPUTES REGARDING ELECTIONS FOR EXCLUSIVE REPRESENTATIVES; 9

(2) ESTABLISH PROCEDURES FOR AND RESOLVE DISP UTES 10
REGARDING PETITIONS FOR BARGAINING UNIT CLARIFICATION; 11

(3) ESTABLISH PROCEDURES FOR AND RESOLVE DISP UTES 12
REGARDING PETITIONS AND ELECTIONS FOR DECERTIFICATION OF AN EXCLUSIVE 13
REPRESENTATIVE; 14

(4) INVESTIGATE AND TAKE APPROPRIATE ACTION IN RESPONSE TO 15
CHARGES OF UNFAIR LABOR PRACTICES; AND 16

(5) ESTABLISH PROCEDURES FO R AND RESOLVE DISPUT ES 17
REGARDING THE NEGOTIABILITY OF BARGAINING SUBJECTS. 18

(C) THE BOARD SHALL HAVE BROA D DISCRETION TO TAKE AND ORDER 19
REMEDIAL ACTIONS WHE N IT FINDS THAT A PA RTY HAS COMMITTED AN UNFAIR 20
LABOR PRACTICE, INCLUDING THE RESTORATION OF ANY R IGHT, PAY, STATUS, OR 21
BENEFIT LOST BY AN EMPLOYEE OR GROUP OF EMPLOYEES DUE TO VIOLATIONS OF 22
THIS TITLE. 23

(D) TO ENFORCE THIS TITLE, THE BOARD MAY: 24

(1) ISSUE SUBPOENAS; AND 25

(2) ADMINISTER OATHS AND AFFIRMATIONS, EXAMINE WITNESS ES, 26
AND RECEIVE EVIDENCE. 27

SUBTITLE 3. RIGHTS AND DUTIES OF EMPLOYEES, EMPLOYERS, AND EXCLUSIVE 28
REPRESENTATIVES. 29

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4.5–301. 1

(A) EMPLOYEES HAVE THE RIGHT TO: 2

(1) ENGAGE IN CONCERTED ACTIVITIES FOR THE P URPOSES OF 3
MUTUAL AID OR PROTECTION; 4

(2) REFRAIN FROM ANY OR ALL ACTIVITIES DESCRIBED UNDER ITEM 5
(1) OF THIS SUBSECTION; 6

(3) FORM, JOIN, AND PARTICIPATE IN, OR REFRAIN FROM FORMING, 7
JOINING, OR PARTICIPATING IN ANY EMPLOYEE ORGANIZ ATION OF THEIR OWN 8
CHOOSING; 9

(4) BE REPRESENTED BY EM PLOYEE ORGANIZA TIONS AND 10
NEGOTIATE COLLECTIVELY WITH THEIR EMPLOY ERS IN THE DETERMINA TION OF 11
THEIR TERMS AND COND ITIONS OF EMPLOYMENT AND THE ADMINISTRATI ON OF 12
GRIEVANCES ARISING UNDER EMPLOYMENT; AND 13

(5) BE FAIRLY REPRESENTE D BY THEIR EXCLUSIVE 14
REPRESENTATIVE, IF ANY, IN COLLECTIVE BARGAINING. 15

(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION , AN 16
EMPLOYEE ORGANIZATION MAY ESTABLISH REASONABLE: 17

(1) RESTRICTIONS AS TO WHO MAY JOIN; AND 18

(2) PROVISIONS FOR THE D ISMISSAL OF INDIVIDU ALS FROM 19
MEMBERSHIP. 20

(C) AN EMPLOYEE ORGANIZATION MAY NOT ESTABLISH RESTRICTIONS AND 21
PROVISIONS UNDER SUB SECTION (B) OF THIS SECTION THAT DISCRIMINATE WITH 22
REGARD TO THE TERMS OR CONDITIONS OF MEMBERSHIP BECAUSE OF: 23

(1) AGE; 24

(2) ANCESTRY; 25

(3) COLOR; 26

(4) CREED; 27

(5) GENDER IDENTITY; 28
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(6) MARITAL STATUS; 1

(7) MENTAL OR PHYSICAL DISABILITY; 2

(8) NATIONAL ORIGIN; 3

(9) RACE; 4

(10) RELIGIOUS AFFILIATION, BELIEF, OR OPINION; 5

(11) SEX; OR 6

(12) SEXUAL ORIENTATION. 7

4.5–302. 8

AN EMPLOYER SHALL EXTEN D TO AN EXCLUSIVE RE PRESENTATIVE THE 9
RIGHT TO: 10

(1) REPRESENT EMPLOYEES IN: 11

(I) NEGOTIATIONS NOTWITHSTANDING THE EXISTEN CE OF AN 12
AGREEMENT WITH AN EMPLOYEE ORGANIZATION THAT IS NO LONGER CERTIFIED OR 13
RECOGNIZED; AND 14

(II) THE SETTLEMENT OF GRIEVANCES; 15

(2) (I) ON REQUEST , INFORMATION FROM THE EMPLOYER 16
RELEVANT TO THE ADMINISTRATION AND NEGOTIATION OF AN AGREEMENT OR THE 17
PROPER PERFORMANCE O F THE EMPLOYEE ORGAN IZATION’S DUTIES AS THE 18
EMPLOYEES’ REPRESENTATIVE; AND 19

(II) HAVE THE INFORMATION RE QUESTED UNDER ITEM (I) OF 20
THIS ITEM MADE AVAIL ABLE AS SOON AS PRAC TICABLE, BUT NOT LATER THAN 30 21
DAYS AFTER THE EMPLOYER RECEIVES THE REQUEST; AND 22

(3) COMMUNICATE WITH THE EXCLUSIVE REPRES ENTATIVE’S 23
MEMBERS AND ELECTED OFFICIALS, IN A MANNER AND AT TIMES AT THE EXCLUSIVE 24
REPRESENTATIVE’S DISCRETION, CONCERNING ISSUES RE LEVANT TO THE 25
ADMINISTRATION AND NEGOTIATION OF AN AGREEMENT. 26

4.5–303. 27
8 HOUSE BILL 1539

(A) AN EMPLOYER HAS THE RIGHT TO: 1

(1) DETERMINE HOW THE GOALS OF THE EMPLOYER, INCLUDING THE 2
FUNCTIONS AND PROGRA MS OF THE EMPLOYER , THE EMPLOYER ’S OVERALL 3
BUDGET, AND THE EMPLOYER’S ORGANIZATIONAL STRUCTURE, ARE TO BE CARRIED 4
OUT; AND 5

(2) DIRECT EMPLOYEES OF THE EMPLOYER. 6

(B) AN EMPLOYER OR AN EMPLOYEE ORGANIZATION MAY NOT INTERFERE 7
WITH, INTIMIDATE, RESTRAIN, COERCE, OR DISCRIMINATE AGAINST AN EMPLOYEE 8
BECAUSE THE EMPLOYEE EXERCISES RIGHTS GRANTED UNDER THIS TITLE. 9

4.5–304. 10

(A) AN EMPLOYER AND ITS OFF ICERS, EMPLOYEES, AGENTS, OR 11
REPRESENTATIVES MAY NOT ENGAGE IN AN UNFAIR LABOR PRACTICE, INCLUDING: 12

(1) INTERFERING WITH, RESTRAINING, OR COERCING EMPLOYEES IN 13
THE EXERCISE OF THE EMPLOYEES’ RIGHTS UNDER THIS TITLE; 14

(2) DOMINATING, INTERFERING WITH, CONTRIBUTING FINANCIAL OR 15
OTHER SUPPORT TO , OR ASSISTING IN THE FORMATION, EXISTENCE, OR 16
ADMINISTRATION OF AN EMPLOYEE ORGANIZATION; 17

(3) GRANTING ADMINISTRATIVE LEAVE TO EMPLOYE ES TO ATTEND 18
EMPLOYER SPONSORED O R SUPPORTED MEETINGS OR EVENTS RELATING T O AN 19
ELECTION UNDER THIS TITLE, UNLESS THE EMPLOYER GRANTS EMPLOYEES AT 20
LEAST THE SAME AMOUN T OF ADMINISTRATIVE LEAVE TO ATTEND LABO R 21
ORGANIZATION SPONSORED OR SUPPORTED MEETINGS OR EMPLOYEE MEETINGS; 22

(4) DISCRIMINATING IN HIRING, TENURE, OR A TERM OR CONDITI ON 23
OF EMPLOYMENT TO ENCOURAGE OR DISCOURAGE MEMBERSHIP IN AN EMPLOYEE 24
ORGANIZATION; 25

(5) DISCHARGING OR DISCR IMINATING AGAINST AN EMPLOYEE 26
BECAUSE OF THE SIGNI NG OR FILING OF AN A FFIDAVIT, A PETITION, OR A 27
COMPLAINT, OR GIVING INFORMATIO N OR TESTIMONY IN CO NNECTION WITH 28
MATTERS ARISING UNDER THIS TITLE; 29

HOUSE BILL 1539 9

(6) FAILING TO PROVIDE ALL EMPLOYEE ORGANIZATIONS INVOLVED 1
IN AN ELECTION THE S AME RIGHTS OF ACCESS AS REQUIRED BY THE BOARD 2
THROUGH REGULATION; 3

(7) ENGAGING IN SURVEILLANCE OF UNION ACTIVITIES; 4

(8) REFUSING TO BARGAIN IN GOOD FAITH; OR 5

(9) FAILING TO MEET AN E STABLISHED NEGOTIATI ON DEADLINE , 6
UNLESS A WRITTEN AGR EEMENT BETWEEN THE E MPLOYER AND THE EXCL USIVE 7
REPRESENTATIVE PROVIDES OTHERWISE. 8

(B) EMPLOYEE ORGANIZATIONS AND THEIR AGENTS OR REPRESENTATIVES 9
ARE PROHIBITED FROM ENGAGING IN AN UNFAIR LABOR PRACTICE, INCLUDING: 10

(1) INTERFERING WITH, RESTRAINING, OR COERCING EMPLOYEES IN 11
THE EXERCISE OF THE EMPLOYEES’ RIGHTS UNDER THIS TITLE; 12

(2) CAUSING OR ATTEMPTIN G TO CAUSE A N EMPLOYER TO 13
DISCRIMINATE IN HIRING, TENURE, OR A TERM OR CONDITION OF EMPLOYMENT TO 14
ENCOURAGE OR DISCOURAGE MEMBERSHIP IN AN EMPLOYEE ORGANIZATION; 15

(3) REFUSING TO BARGAIN IN GOOD FAITH; OR 16

(4) NOT FAIRLY REPRESENT ING EMPLOYEES IN COL LECTIVE 17
BARGAINING OR IN ANY OTHER MATTER IN WHIC H THE EMPLOYEE ORGANIZATION 18
HAS THE DUTY OF FAIR REPRESENTATION. 19

4.5–305. 20

(A) EACH EXCLUSIVE REPRESENTATIVE HAS THE RIGHT TO COMMUNICATE 21
WITH THE EMPLOYEES THAT IT REPRESENTS. 22

(B) (1) AN E MPLOYER SHALL ALLOW AN EXCLUSIVE REPRESE NTATIVE 23
TO: 24

(I) MEET WITH A NEW EMPLOYEE IN A BARGAINING UNIT 25
REPRESENTED BY THE E XCLUSIVE REPRESENTATIVE WITHIN THE FIRST FULL PAY 26
PERIOD OF THE NEW EMPLOYEE’S START DATE; OR 27

(II) ATTEND AND PARTICIPATE IN A NEW EMPLOYEE PROGRAM 28
THAT INCLUDES ONE OR MORE EMPLOYEES WHO A RE IN A BARGAINING UNIT 29
REPRESENTED BY THE EXCLUSIVE REPRESENTATIVE. 30
10 HOUSE BILL 1539

(2) THE NEW EMPLOYEE PROGRAM DESCRIBED IN PARAGRAPH (1)(II) 1
OF THIS SUBSECTION MAY BE A NEW EMPLOYEE ORIENTATION, TRAINING, OR OTHER 2
PROGRAM THAT THE EMPLOYER AND AN EXCLUSIVE REPRESENTATIVE NEGOTIATE. 3

(3) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE 4
EXCLUSIVE REPRESENTATIVE SHALL BE ALLOWED AT LEAST 30 MINUTES TO MEET 5
WITH THE NEW EMPLOYEE OR TO COLLECTIVELY ADDRESS ALL NEW EMPLOYEES IN 6
ATTENDANCE DURING A NEW EMPLOYEE PROGRAM. 7

(II) AN EMPLOYER AND AN EX CLUSIVE REPRESENTATIVE MAY 8
NEGOTIATE A PERIOD OF TIME THAT IS MORE THAN 30 MINUTES. 9

(4) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 10
PARAGRAPH, A MEETING BETWEEN TH E NEW EMPLOYEE AND T HE EXCLUSIVE 11
REPRESENTATIVE SHALL BE IN PERSON. 12

(II) AN EXCLUSIVE REPRESEN TATIVE MAY CHOOSE TO MEET 13
WITH A NEW EMPLOYEE BY VIDEO OR SIMILAR TECHNOLOGY. 14

(5) AN EMPLOYER: 15

(I) SHALL ENCOURAGE AN E MPLOYEE TO MEET WITH THE 16
EXCLUSIVE REPRESENTA TIVE OR ATTEND THE P ORTION OF A NEW EMPLOYEE 17
PROGRAM DESIGNATED F OR AN EXCLUSIVE REPR ESENTATIVE TO ADDRES S NEW 18
EMPLOYEES; AND 19

(II) MAY NOT REQUIRE AN E MPLOYEE TO MEET WITH AN 20
EXCLUSIVE REPRESENTA TIVE OR ATTEND THE P ORTION OF A NEW EMPL OYEE 21
PROGRAM DESIGNATED F OR AN EXCLUSIVE REPR ESENTATIVE TO ADDRESS NEW 22
EMPLOYEES IF THE EMPLOYEE OBJECTS TO ATTENDING. 23

(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION 24
AND SUBJECT TO PARAG RAPH (3) OF THIS SUBSECTION , AN EMPLOYER SHALL 25
PROVIDE THE EXCLUSIV E REPRESENTATIVE AT LEAST 10 DAYS’ NOTICE OF THE 26
START DATE OF A NEW EMPLOYEE IN A BARGAI NING UNIT REPRESENTE D BY THE 27
EXCLUSIVE REPRESENTATIVE. 28

(2) AN EMPLOYER MAY PROVIDE THE EXCLUSIVE REPRES ENTATIVE 29
WITH LESS THAN 10 DAYS’ NOTICE IF THERE IS AN URGENT NEED CRITICAL TO THE 30
EMPLOYER THAT WAS NOT REASONABLY FORESEEABLE. 31

HOUSE BILL 1539 11

(3) THE NOTICE REQUIRED U NDER PARAGRAPH (1) OF THIS 1
SUBSECTION SHALL: 2

(I) BE PROVIDED ELECTRONICALLY TO THE LOCAL PRESIDENT 3
OR EXCLUSIVE REPRESENTATIVE DESIGNEE WITHIN 5 DAYS OF THE START OF ANY 4
CHECK–IN EVENT THE EMPLOYER OBLIGATES THE EMPLOYEE TO ATTEND; 5

(II) EXCEPT AS PROVIDED I N ITEM (III) OF THIS PARAGRAPH , 6
INCLUDE THE NEW EMPLOYEE’S NAME, UNIT, AND ALL EMPLOYEE IDENTIFICATION 7
NUMBERS; 8

(III) EXCLUDE THE NEW EMPL OYEE’S SOCIAL SECURITY 9
NUMBER; AND 10

(IV) BE CONSIDERED CONFID ENTIAL BY AN EXCLUSI VE 11
REPRESENTATIVE. 12

(4) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 13
PARAGRAPH, AN EXCLUSIVE REPRESE NTATIVE MAY NOT DISC LOSE THE 14
INFORMATION IN A NOTICE. 15

(II) THE EXCLUSIVE REPRESE NTATIVE MAY AUTHORIZ E A 16
THIRD–PARTY CONTRACTOR TO USE THE INFORMATION IN A NOTICE, AS DIRECTED 17
BY THE EXCLUSIVE REP RESENTATIVE, TO FULFILL THE EXCLU SIVE 18
REPRESENTATIVE’S STATUTORY DUTIES. 19

4.5–306. 20

AN EMPLOYEE ORGANIZAT ION CERTIFIED AS THE EXCLUSIVE 21
REPRESENTATIVE SHALL: 22

(1) SERVE AS THE SOLE AND EXCLUSIVE BARGAINING AGENT FOR ALL 23
EMPLOYEES IN THE BARGAINING UNIT; 24

(2) REPRESENT FAIRLY AND WITHOUT DISCRIMINATI ON ALL 25
EMPLOYEES IN THE BAR GAINING UNIT , WHETHER OR NOT THE E MPLOYEES ARE 26
MEMBERS OF THE EMPLO YEE ORGANIZATION O R ARE PAYING DUES OR OTHER 27
CONTRIBUTIONS TO IT OR PARTICIPATING IN ITS AFFAIRS; AND 28

(3) PROMPTLY FILE WITH T HE BOARD ALL CHANGES AND 29
AMENDMENTS TO THE EMPLOYEE ORGANIZATION’S GOVERNING DOCUMENTS. 30

4.5–307. 31
12 HOUSE BILL 1539

(A) THIS SECTION MAY NOT BE CONSTRUED TO REQUIRE AN EMPLOYEE TO 1
BECOME A MEMBER OF AN EMPLOYEE ORGANIZATION. 2

(B) AN EMPLOYEE ORGANIZAT ION IS ENTITLED TO M EMBERSHIP DUES 3
DEDUCTION ON PRESENTATION BY THE EMPLOYEE ORGANIZATION OF: 4

(1) A DUES DEDUCTION AUTHORIZATION CARD; 5

(2) AN ELECTRONIC MEMBERSHIP APPLICATION; OR 6

(3) OTHER PROOF DOCUMENTING TH AT AN EMPLOYEE HAS 7
ASSENTED TO MEMBERSHIP DUES DEDUCTION. 8

(C) (1) AN EMPLOYER SHALL COMMENCE MAKING DUES DEDUCTIONS AS 9
SOON AS PRACTICABLE , BUT NOT LATER THAN 30 DAYS AFTER RECEIVING THE 10
PROOF PRESENTED UNDER SUBSECTION (B) OF THIS SECTION. 11

(2) AN EMPLOYER SHALL TRANS MIT MEMBERSHIP DUES TO THE 12
EMPLOYEE ORGANIZATION WITHIN 30 DAYS AFTER THE DEDUCTIONS ARE MADE. 13

(3) AN EMPLOYER SHALL ACCEP T AN AUTHORIZATION T O DEDUCT 14
FROM THE SALARY OF A N EMPLOYEE AN AMOUNT FOR THE PAYMENT OF DUES IN 15
ANY FORMAT AUTHORIZED UNDER § 21–106 OF THE COMMERCIAL LAW ARTICLE. 16

SUBTITLE 4. ELECTIONS AND CERTIFICATIONS OF EXCLUSIVE REPRESENTATIVES. 17

4.5–401. 18

(A) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, THE BOARD 19
SHALL CONDUCT AN ELE CTION FOR AN EXCLUSI VE REPRESENTATIVE OF A 20
BARGAINING UNIT IF: 21

(1) A VALID PETITION IS FILED IN ACCORDANCE WITH § 4.5–402 OF 22
THIS SUBTITLE; AND 23

(2) THE BARGAINING UNIT INVOLVED IN THE PETI TION IS 24
DETERMINED TO BE AN APPROPRIATE BARGAINING UNIT UNDER § 4.5–403 OF THIS 25
SUBTITLE. 26

(B) THE BOARD MAY NOT CONDUCT AN ELECTION FOR AN E XCLUSIVE 27
REPRESENTATIVE OF A BARGAINING UNIT IF T HE BOARD HAS CONDUCTED A N 28
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ELECTION OR CERTIFIED AN EXCLUSIVE REPRESENTATIVE FOR THAT BARGAINING 1
UNIT WITHIN THE IMMEDIATELY PRECEDING 12 MONTHS. 2

(C) (1) AN EXCLUSIVE REPRESEN TATIVE OR A BARGAINI NG UNIT IN 3
EXISTENCE BEFORE THE EFFECTIVE DATE OF CHAPTER _____ (H.B.1539) OF THE 4
ACTS OF THE GENERAL ASSEMBLY OF 2026 SHALL CONTINUE: 5

(I) WITHOUT THE REQUIR EMENT OF AN ELECTION AND 6
CERTIFICATION UNTIL A QUESTION CONCERNIN G REPRESENTATION IS RAISED 7
UNDER THIS TITLE; OR 8

(II) UNTIL THE BOARD FINDS THE UNIT NOT TO BE 9
APPROPRIATE AFTER CHALLENGE BY THE EMPLOYER, A MEMBER OF THE UNIT, OR 10
AN EMPLOYEE ORGANIZATION. 11

(2) (I) THE APPROPRIATENESS O F THE UNIT MAY NOT B E 12
CHALLENGED UNTIL THE EXPIRATION OF ANY CO LLECTIVE BARGAINING 13
AGREEMENT. 14

(II) THE BOARD MAY NOT MODIFY ANY BARGAINING UNIT 15
DETERMINED UNDER EXISTING LAW. 16

4.5–402. 17

(A) A PETITION FOR THE ELECTION OF AN EXCLUSIVE REPRESENTATIVE OF 18
A BARGAINING UNIT MAY BE FILED WITH THE BOARD BY: 19

(1) AN EMPLOYEE ORGANIZA TION SEEKING CERTIFI CATION AS AN 20
EXCLUSIVE REPRESENTATIVE; OR 21

(2) AN EMPLOYEE , A GROUP OF EMPLOYEES , OR AN EMPLOYEE 22
ORGANIZATION SEEKING A NEW ELECTI ON TO DETERMINE AN E XCLUSIVE 23
REPRESENTATIVE. 24

(B) A PETITION SHALL: 25

(1) CONTAIN THE INFORMATION THE BOARD REQUIRES; AND 26

(2) BE ACCOMPANIED BY SH OWING OF INTEREST FO RMS FROM AT 27
LEAST 30% OF THE EMPLOYEES IN THE APPROPRIATE UNIT INDICATING THEIR 28
DESIRE TO BE EXCLUSI VELY REPRESENTED BY THE EXCLUSIVE REPRES ENTATIVE 29
NAMED IN THE PETITION FOR THE PURPOSE OF COLLECTIVE BARGAINING. 30

14 HOUSE BILL 1539

(C) IF THE BOARD DETERMINES THAT A REQUIRED SHOWING OF INTEREST 1
IS NOT ADEQUATE, THE BOARD: 2

(1) SHALL ALLOW AN ADDITIONAL 30 DAYS FOR THE PETITIONER TO 3
SUBMIT ADDITIONAL SH OWING OF INTEREST FO RMS AFTER THE PETITI ONER IS 4
NOTIFIED OF THE DETERMINATION; AND 5

(2) MAY, FOR GOOD CAUSE , PROVIDE ADDITIONAL T IME TO THE 6
PETITIONER TO PROVIDE ADDITIONAL FORMS. 7

(D) IF A PETITION IS SUPP ORTED BY MORE THAN 50% OF THE EMPLOYEES 8
IN THE BARGAINING UN IT, THE EMPLOYER SHALL I MMEDIATELY RECOGNIZE THE 9
EMPLOYEE ORGANIZATION AS THE EXCLUSIVE R EPRESENTATIVE AND AF FORD TO 10
THE EXCLUSIVE REPRESENTATIVE AND ITS MEMBERS ALL RIGHTS DUE UNDER THIS 11
TITLE. 12

(E) (1) A PETITION FILED UNDER SUBSECTION (A) OF THIS SECTION 13
SHALL INCLUDE SHOWING OF INTEREST FORMS PROVIDED TO THE BOARD FROM AN 14
EMPLOYEE ORGANIZATION. 15

(2) THE BOARD SHALL ACCEPT A SHOWING OF INTEREST FORM 16
WHETHER THE SIGNATURES ON THE FORM ARE ELECTRONIC OR HANDWRITTEN. 17

(3) (I) FOR AN ELECTION THAT IS CONDUCTED TO DETE RMINE 18
WHETHER AN EXCLUSIVE REPRESENTATIVE SHOUL D REPRESENT A UNIT , A 19
SHOWING OF INTEREST FORM IS VALID IF THE SIGNATURES WERE COLL ECTED 20
WITHIN THE 18–MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WH ICH A 21
PETITION FOR THE ELECTION IS FILED. 22

(II) FOR AN ELECTION THAT IS CONDUCTED TO DETE RMINE 23
WHETHER AN EXCLUSIVE REPRESENTATIVE SHOUL D NO LONGER REPRESEN T A 24
UNIT, A SHOWING OF INTERES T FORM IS VALID IF T HE SIGN ATURES WERE 25
COLLECTED WITHIN THE 9–MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON 26
WHICH THE PETITION FOR ELECTION IS FILED. 27

(4) A SHOWING OF INTEREST FORM MAY BE USED BY AN EMPLOYEE 28
FOR EACH EMPLOYER THAT EMPLOYS THE EMPLOYEE. 29

(F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, AN EMPLOYER 30
SHALL PROVIDE TO THE BOARD AND THE EMPLOYE E ORGANIZATION AN 31
ALPHABETICAL LIST OF EMPLOYEES IN EACH BA RGAINING UNIT WITHIN 2 DAYS 32
AFTER A PETITION FOR AN ELECTION IS FILED. 33

HOUSE BILL 1539 15

(2) THE LIST REQUIRED TO BE PROVIDED UNDER PARAGRAPH (1) OF 1
THIS SUBSECTION SHALL: 2

(I) INCLUDE FOR EACH EMPLOYEE ON THE PAYROLL FOR THE 3
LAST PAY PERIOD BEFORE A PETITION FOR ELECTION IS FILED, THE EMPLOYEE’S: 4

1. NAME; 5

2. JOB TITLE AND DESCRIPTION; 6

3. HOME AND WORK SITE A DDRESSES WHERE THE 7
EMPLOYEE RECEIVES INTEROFFICE OR UNITED STATES MAIL; 8

4. HOME AND WORK SITE TELEPHONE NUMBERS; 9

5. PERSONAL CELL PHONE NUMBER; AND 10

6. WORK E–MAIL ADDRESS; AND 11

(II) IDENTIFY EACH EMPLOYEE THAT SHOULD BE EXCLUDED AS 12
AN ELIGIBLE VOTER WITH A STATEMENT EXPLAINI NG THE REASON FOR TH E 13
EXCLUSION. 14

(3) AN EMPLOYER MAY NOT CHA LLENGE THE ELIGIBILI TY OF A N 15
EMPLOYEE’S VOTE IN AN ELECTIO N IF THE EMPLOYER FA ILS TO EXPLAIN THE 16
REASON FOR EXCLUDING AN EMPLOYEE UNDER THIS SUBSECTION, AS REQUIRED 17
UNDER PARAGRAPH (2) OF THIS SUBSECTION. 18

4.5–403. 19

(A) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, THE BOARD 20
SHALL DETERMINE THE APPROPRIATENESS OF EACH BARGAINING UNIT. 21

(2) IF THERE IS NO DISPUT E ABOUT THE APPROPRIATENESS OF THE 22
ESTABLISHMENT OF THE BARGA INING UNIT, THE BOARD SHALL ISSUE AN ORDER 23
DEFINING AN APPROPRIATE BARGAINING UNIT. 24

(3) IF THERE IS A DISPUTE ABOUT THE APPROPRIAT ENESS OF THE 25
ESTABLISHMENT OF THE BARGAINING UNIT, THE BOARD SHALL: 26

(I) CONDUCT A HEARING; AND 27

16 HOUSE BILL 1539

(II) ISSUE AN ORDER DEFINING AN APPROPRIATE BARGAINING 1
UNIT. 2

(B) IF THE APPROPRIATE BA RGAINING UNIT AS DET ERMINED BY THE 3
BOARD DIFFERS FROM TH E BARGAINING UNIT DE SCRIBED IN THE PETIT ION, THE 4
BOARD MAY: 5

(1) DISMISS THE PETITION; OR 6

(2) DIRECT AN ELECTION IN THE APPROPRIATE BARGAINING UNIT IF 7
AT LEAST 30% OF THE SIGNATURES INCLUDED IN THE PETITION ARE OF EMPLOYEES 8
IN THE APPROPRIATE BARGAINING UNIT. 9

4.5–404. 10

EACH EMPLOYEE ORGANIZ ATION THAT SEEKS CER TIFICATION AS AN 11
EXCLUSIVE REPRESENTATIVE SHALL FILE WITH THE BOARD: 12

(1) A COPY OF THE EMPLOY EE ORGANIZATION ’S GOVERNING 13
DOCUMENTS THAT: 14

(I) GIVE INDIVIDUAL MEMBERS THE RIGHT TO PARTICIPATE IN 15
ACTIVITIES OF THE ORGANIZATION; 16

(II) REQUIRE PERIODIC ELE CTIONS BY SECRET BAL LOT THAT 17
ARE CONDUCTED WITH RECOGNIZED SAFEGUARDS TO ENSURE THE E QUAL RIGHTS 18
OF ALL MEMBERS TO NOMINATE, SEEK OFFICE, AND VOTE IN THE ELECTIONS; AND 19

(III) DIRECT FULL AND ACCURATE ACCOUNTING OF ALL INCOME 20
AND EXPENSES USING STANDARD ACCOUNTING METHODS; AND 21

(2) A CERTIFICATION THAT THE EMPLOYEE ORGANIZATION ACCEPTS 22
MEMBERS WITHOUT REGARD TO ANY CHARACTERI STIC LISTED IN § 4.5–301(C) OF 23
THIS TITLE. 24

4.5–405. 25

(A) (1) WITHIN 5 DAYS AFTER DETERMINING THAT A VALID PETITION HAS 26
BEEN SUBMITTED UNDER § 4.5–402 OF THIS SUBTITLE, THE BOARD SHALL NOTIFY 27
INTERESTED EMPLOYEE ORGANIZATIONS OF THE PENDING ELECTION PETITION. 28

(2) WITHIN 10 DAYS AFTER DETERMINI NG THAT A VALID PETI TION 29
HAS BEEN SUBMITTED U NDER § 4.5–402 OF THIS SUBTITLE , THE EMPLOYER , AS 30
HOUSE BILL 1539 17

APPROPRIATE, SHALL MAKE AVAILABLE TO ALL INTERESTED EMPLO YEE 1
ORGANIZATIONS REASONABLE AND EQUIVALENT MEANS TO COMMUNICATE BY MAIL 2
AND IN PERSON WITH EACH EMPLOYEE IN THE APPROPRIATE BARGAINING UNIT FOR 3
THE PURPOSE OF SOLICITING THE EMPLOYEE’S VOTE IN AN ELECTION HELD UNDER 4
THIS SECTION. 5

(B) AN ELECTION SHALL BE HELD IN A BARGAINING UNIT WITHIN 90 DAYS 6
AFTER THE FILING OF A VALID PETITION FOR ELECTION IN THE BARGAINING UNIT 7
IN ACCORDANCE WITH GUIDELINES ESTABLISHED BY THE BOARD. 8

(C) (1) (I) THE BOARD SHALL CONDUCT THE ELECTION: 9

1. BY SECRET BALLOT; AND 10

2. SUBJECT TO SUBPARAGR APH (II) OF THIS 11
PARAGRAPH, IN WHOLE OR IN PART BY IN –PERSON VOTING , MAIL, OR AN 12
ELECTRONIC VOTING SYSTEM. 13

(II) THE BOARD MAY DESIGNATE T HE TIME PERIOD FOR 14
IN–PERSON VOTING ONLY A FTER CONSULTING WITH THE E MPLOYER AND 15
EMPLOYEE ORGANIZATIONS ON THE BALLOT. 16

(III) 1. THE BOARD SHALL ALLOW AT LEAST 10 DAYS OF 17
VOTING FOR AN ELECTI ON CONDUCTED BY MAIL OR AN ELECTRONIC VOT ING 18
SYSTEM UNDER SUBPARA GRAPH (I) OF THIS PARAGRAPH , UNLESS AN EMPLOYEE 19
ORGANIZATION ON THE BALLOT REQUESTS AN EXTENSION. 20

2. IF THE VOTING SYSTEM IS INOPERABLE, THE BOARD 21
MAY EXTEND THE TIME PERIOD FOR VOTING. 22

(2) (I) AN EMPLOYEE ORGANIZATION ON A BALLOT MAY REQUEST 23
A PREFERRED METHOD OF VOTING AT THE TIME A PETITION FOR ELECTION IS FILED 24
WITH THE BOARD. 25

(II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS 26
PARAGRAPH, THE BOARD SHALL DESIGNATE THE METHOD OF VOTING BASED ON 27
THE REQUESTS OF THE EMPLOYEE ORGANIZATIONS ON THE BALLOT. 28

(III) IF THERE IS A DISPUTE BETWEEN TWO OR MORE EMPLOYEE 29
ORGANIZATIONS ON THE BALLOT OVER THE METHOD OF VOTING, THE BOARD MAY 30
DESIGNATE THE METHOD OF VOTING. 31

18 HOUSE BILL 1539

(3) THE BOARD SHALL PLACE THE FOLLOWING CHOICES ON THE 1
BALLOT: 2

(I) THE NAME OF THE EXCLUSIVE REPRESENTATIVE, IF ANY; 3

(II) THE NAME OF THE EMPLOYEE ORGANIZATION DESIGNATED 4
IN THE PETITION FILED UNDER § 4.5–402 OF THIS SUBTITLE WITH RESPECT TO AN 5
APPROPRIATE BARGAINING UNIT; 6

(III) THE NAME OF EACH EMP LOYEE ORGANIZATION 7
DESIGNATED IN A PETITION FILED WITH THE BOARD: 8

1. WITHIN 15 DAYS AFTER NOTICE OF THE PENDIN G 9
ELECTION PETITION; AND 10

2. THAT INCLUDES THE SI GNATURES OF AT LEAST 10% 11
OF THE EMPLOYEES IN THE APPROPRIATE BARGAINING UNIT; AND 12

(IV) A PROVISION FOR “NO EXCLUSIVE REPRESENTATIVE”. 13

(D) IF NONE OF THE CHOICES ON A BALLOT RECEIVES A MAJORITY OF THE 14
VOTES CAST IN AN ELE CTION, THE BOARD SHALL CONDUCT A RUNOFF ELECTION 15
BETWEEN THE CHOICES THAT RECEIVED THE TW O HIGHEST NUMBER OF VOTES IN 16
THE ELECTION. 17

4.5–406. 18

(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, THE 19
BOARD SHALL CERTIFY A S EXCLUSIVE REPRESEN TATIVE THE EMPLOYEE 20
ORGANIZATION RECEIVING THE VOTES IN AN E LECTION FROM A MAJORITY OF THE 21
EMPLOYEES VOTING IN THE ELECTION. 22

(B) AFTER NOTICE AND AN OPPORTUNITY FOR A HEARING, THE BOARD MAY 23
DENY OR R EVOKE CERTIFICATION AS EXCLUSIVE REPRESE NTATIVE OF AN 24
EMPLOYEE ORGANIZATION FOR WILLFUL FAILURE TO COMPLY WITH THIS TITLE. 25

(C) NOTWITHSTANDING ANY O THER PROVISION OF TH IS SUBTITLE , THE 26
BOARD SHALL CERTIFY T HE EMPLOYEE ORGANIZA TION AS THE EXCLUSIV E 27
REPRESENTATIVE WITHOUT AN ELECTION IF: 28

(1) A PETITION FOR AN EX CLUSIVE REPRESENTATI VE HAS BEEN 29
FILED FOR A BARGAINING UNIT; 30

HOUSE BILL 1539 19

(2) THE BOARD FINDS THAT A MAJORITY OF THE EMPLOYEES IN THE 1
BARGAINING UNIT HAVE SIGNED VALID AUTHORI ZATIONS DESIGNATING THE 2
EMPLOYEE ORGANIZATION AS THEIR EXCLUSIVE REPRESENTATIVE; AND 3

(3) NO OTHER EMPLOYEE OR GANIZATION IS CURRENTLY CERTIFIED 4
OR RECOGNIZED AS THE EXCLUSIVE REPRESENTATIVE OF THE BARGAINING UNIT. 5

4.5–407. 6

NAMES OR LISTS OF EMP LOYEES PROVIDED TO THE BOARD IN CONNECTION 7
WITH AN ELECTION UND ER THIS SUBTITLE ARE NOT SUBJECT TO DISCL OSURE 8
UNDER THE PUBLIC INFORMATION ACT. 9

SUBTITLE 5. REGULATIONS AND REPORTING. 10

4.5–501. 11

ON OR BEFORE FEBRUARY 1 EACH YEAR , THE BOARD SHALL SUBMIT A 12
REPORT TO THE GOVERNOR AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE 13
GOVERNMENT ARTICLE, TO THE GENERAL ASSEMBLY THAT SUMMARI ZES 14
SIGNIFICANT CASES AN D ACTIONS TAKEN IN THE IMMEDIATELY PRECEDIN G 15
CALENDAR YEAR. 16

4.5–502. 17

(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , THE BOARD SHALL 18
ADOPT AND ENFORCE RE GULATIONS, GUIDELINES, AND POLICIES TO CARR Y OUT 19
THIS TITLE. 20

(B) THE BOARD MAY NOT ADOPT ANY REGULATION, GUIDELINE, OR POLICY 21
THAT: 22

(1) UNNECESSARILY DELAYS THE RESOLUTION OF DI SPUTES OVER 23
ELECTIONS, UNFAIR LABOR PRACTICES, OR ANY OTHER MATTER UNDER THIS TITLE; 24
OR 25

(2) RESTRICTS OR WEAKENS THE PROTECTIONS PROV IDED TO 26
EMPLOYEES AND EMPLOYEE ORGANIZATIONS UNDER THIS TITLE. 27

SECTION 2. AND BE IT FURTHER ENACTED, That the terms of the initial 28
members of the Maryland Labor Relations Board shall expire as follows: 29

(1) one member on the date that is 1 year after the effective date of this 30
Act; 31
20 HOUSE BILL 1539

(2) one member on the date that is 2 years after the effective date of this 1
Act; 2

(3) one member on the date that is 3 years after the effective date of this 3
Act; 4

(4) one member on the date that is 4 years after the effective date of this 5
Act; and 6

(5) one member on the date that is 5 years after the effective date of this 7
Act. 8

SECTION 3. AND BE IT FURTHER ENACTED, That: 9

(a) Sections 1 and 2 of this Act are contingent on: 10

(1) the federal National Labor Relations Act being fully repealed or 11
rendered null and void; or 12

(2) the National Labor Relations Board expressly ceding jurisdiction to the 13
State regarding any employer, employees, trade, industry , or labor dispute covered under 14
the federal National Labor Relations Act. 15

(b) (1) The Maryland Department of Labor shall monitor action by the federal 16
government to determine whether the contingency described in subsection (a) of this section 17
has been met. 18

(2) The Maryland Department of Labor shall notify the Department of 19
Legislative Services within 30 days after the contingency described under subsection (a) of 20
this section has been met. 21

(c) If the Department of Legislative Services receives notice from the Maryland 22
Department of Labor as described under subsection (b)(2) of this section, Sections 1 and 2 23
of this Act shall take effect on the date the notice is received by the Department of 24
Legislative Services. 25

SECTION 4. AND BE IT FURTHER ENACTED, That, subject to Section 3 of this 26
Act, this Act shall take effect July 1, 2026. 27