Collective Bargaining - Local Government Employees and Public Employee Relations Act

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0922*

SENATE BILL 922
L1, L3, P4 6lr1588
CF HB 831
By: Senator Harris
Introduced and read first time: February 6, 2026
Assigned to: Finance

A BILL ENTITLED

AN ACT concerning 1

Collective Bargaining – Local Government Employees and Public Employee 2
Relations Act 3

FOR the purpose of establishing collective bargaining rights for public local employees; 4
applying the Maryland Public Employee Relations Act to coun ty and municipal 5
government employers and their employees; providing that a public employee may 6
be deemed a certain management employee for purposes of establishing collective 7
bargaining rights; establishing impasse procedures for collective bargaining between 8
certain public local employers and their employees that include binding arbitration; 9
authorizing the governing body of a county or municipality to adopt a local law on 10
labor relations; establishing a process by which the governing body of a county or 11
municipality may petition the Public Employee Relations Board for a determination 12
that its local laws comply with State law for certain purposes; altering the maximum 13
number of deputy directors the Board may appoint; requiring the deputy director to 14
present cases to the Board or the Office of Administrative Hearings if the Board 15
issues a certain complaint; repealing the requirement that the Board be bound to 16
certain prior opinions and decisions of certain labor boards; providing that certain 17
agreements between a public employer and an exclusive representative may provide 18
for binding arbitration of grievances; and generally relating to collective bargaining 19
rights for public employees in the State. 20

BY adding to 21
Article – Local Government 22
Section 1–2A–01 through 1–2A–07 to be under the new subtitle “Subtitle 2A. Public 23
Local Employee Collective Bargaining” 24
Annotated Code of Maryland 25
(2013 Volume and 2025 Supplement) 26

BY repealing and reenacting, with amendments, 27
Article – State Government 28
2 SENATE BILL 922

Section 22–101, 22–102(a), 22–207(b), 22–209(f), 22–305, 22–306, 22–307(f), 22–309, 1
22–401(c), 22–403, and 22–501 2
Annotated Code of Maryland 3
(2021 Replacement Volume and 2025 Supplement) 4

BY adding to 5
Article – State Government 6
Section 22–104 7
Annotated Code of Maryland 8
(2021 Replacement Volume and 2025 Supplement) 9

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That the Laws of Maryland read as follows: 11

Article – Local Government 12

SUBTITLE 2A. PUBLIC LOCAL EMPLOYEE COLLECTIVE BARGAINING. 13

1–2A–01. 14

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 15
INDICATED. 16

(B) “BOARD” MEANS THE PUBLIC EMPLOYEE RELATIONS BOARD 17
ESTABLISHED UNDER TITLE 22, SUBTITLE 3 OF THE STATE GOVERNMENT ARTICLE. 18

(C) “COLLECTIVE BARGAINING” MEANS: 19

(1) GOOD FAITH NEGOTIATIONS BY AUTHORIZED REPRESENTATIVES 20
OF EMPLOYEES AND THEIR EMPLOYER WITH THE INTENTION OF: 21

(I) 1. REACHING AN AGREEMEN T ABOUT WAGES , HOURS, 22
AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT; AND 23

2. INCORPORATING THE TERMS OF THE AGREEMENT IN 24
A WRITTEN MEMORANDUM OF UNDERSTANDING OR OTHER WRITTEN AGREEMENT; 25
OR 26

(II) CLARIFYING TERMS AND CONDITIONS OF EMPLOYMENT; 27

(2) ADMINISTRATION OF TERMS AND CONDITIONS OF EMPLOYMENT; 28
OR 29

(3) THE VOLUNTARY ADJUSTMENT OF A DISPUTE OR DISAGREEMENT 30
BETWEEN AUTHORIZED REPRESENTATIVES OF EMPLOYEES AND THEIR EM PLOYER 31
SENATE BILL 922 3

THAT ARISES UNDER A MEMORANDUM OF UNDERS TANDING OR OTHER WRI TTEN 1
AGREEMENT. 2

(D) “CONFIDENTIAL EMPLOYEE” MEANS AN EMPLOYEE WHO IS: 3

(1) REQUIRED TO DEVELOP OR PRESENT MANAGEMEN T POSITIONS 4
WITH RESPECT TO EMPLOYER–EMPLOYEE RELATIONS; AND 5

(2) WHOSE DUTIES NORMALL Y REQUIRE ACCESS TO CONFIDENTIAL 6
INFORMATION THAT CONTRIBUTES SIGNIFICANTLY TO THE DEVELOPMENT OF THE 7
MANAGEMENT POSITIONS WITH RESPECT TO EMPLOYER–EMPLOYEE RELATIONS. 8

(E) “EMPLOYEE ORGANIZATION” HAS THE MEANING STATED IN § 22–101 OF 9
THE STATE GOVERNMENT ARTICLE. 10

(F) “EXCLUSIVE REPRESENTATIVE” HAS THE MEANING STATED IN § 22–101 11
OF THE STATE GOVERNMENT ARTICLE. 12

(G) “MANAGEMENT EMPLOYEE ” MEANS AN EMPLOYEE WH O GENERALLY 13
HAS AUTHORITY AND WHO: 14

(1) FORMULATES POLICY TH AT IS APPLICABLE THR OUGHOUT A 15
BARGAINING UNIT; 16

(2) HAS A SIGNIFICANT RO LE IN PERSONNEL ADMI NISTRATION, 17
EMPLOYEE RELATIONS, OR THE PREPARATION AND ADMINISTRATION OF BUDGETS 18
FOR THE EMPLOYER; OR 19

(3) MAY REASONABLY BE REQUIRED TO: 20

(I) ASSIST DIRECTLY IN THE PREPARATION FOR AND CONDUCT 21
OF COLLECTIVE BARGAINING NEGOTIATIONS ON BEHALF OF THE EMPLOYER; OR 22

(II) HAVE A MAJOR ROLE IN THE ADMINISTRATIO N OF 23
RESULTING COLLECTIVE BARGAINING AGREEMENTS. 24

(H) (1) “PUBLIC LOCAL EMPLOYEE ” MEANS AN INDIVIDUAL WHO IS 25
EMPLOYED BY A PUBLIC LOCAL EMPLOYER. 26

(2) “PUBLIC LOCAL EMPLOYEE” DOES NOT INCLUDE: 27

(I) A CONFIDENTIAL EMPLOYEE; OR 28

4 SENATE BILL 922

(II) A MANAGEMENT EMPLOYEE. 1

(I) (1) “PUBLIC LOCAL EMPLOYER” MEANS A COUNTY OR MUNICIPALITY, 2
INCLUDING A UNIT , A DEPARTMENT , OR AN INSTRUMENTALIT Y OF A COUNTY OR 3
MUNICIPALITY. 4

(2) “PUBLIC LOCAL EMPLOYER ” INCLUDES A COUNTY SH ERIFF’S 5
DEPARTMENT. 6

(3) “PUBLIC LOCAL EMPLOYER” DOES NOT INCLUDE: 7

(I) A COUNTY BOARD OF EDUCATION OR THE BALTIMORE CITY 8
BOARD OF SCHOOL COMMISSIONERS; 9

(II) THE BOARD OF COMMUNI TY COLLEGE TRUSTEES FOR A 10
COMMUNITY COLLEGE, INCLUDING THE BOARD OF TRUSTEES OF BALTIMORE CITY 11
COMMUNITY COLLEGE; OR 12

(III) A PUBLIC LIBRARY SYS TEM OR THE BOARD OF TRUSTEES 13
FOR THE PUBLIC LIBRA RY SYSTEM, INCLUDING THE BALTIMORE COUNTY PUBLIC 14
LIBRARY AND THE BALTIMORE COUNTY PUBLIC LIBRARY BOARD OF TRUSTEES. 15

(J) (1) “QUASI–GOVERNMENTAL ENTITY” MEANS AN ENTITY THAT: 16

(I) IS CREATED BY STATE OR LOCAL LAW; 17

(II) PERFORMS A PUBLIC FUNCTION; AND 18

(III) IS SUPPORTED IN WHOL E OR IN PART BY THE STATE, 19
COUNTY, OR MUNICIPALITY BUT IS MANAGED PRIVATELY. 20

(K) “SUPERVISORY EMPLOYEE” MEANS AN EMPLOYEE WHO IS AUTHORIZED 21
TO: 22

(1) HIRE, TRANSFER, SUSPEND, LAY OFF , RECALL, PROMOTE, 23
DISCHARGE, ASSIGN, REWARD, OR DISCIPLINE EMPLOYEES; 24

(2) RESPONSIBLY DIRECT EMPLOYEES FOR MORE THAN 50% OF THE 25
EMPLOYEE’S WORKING HOURS; OR 26

(3) ADDRESS AND RESOLVE THE GRIEVANCES OF EMPLOYEES. 27

1–2A–02. 28
SENATE BILL 922 5

(A) (1) THIS SUBTITLE APPLIES TO EACH PUBLIC LOCAL EMPLOYER, 1
PUBLIC LOCAL EMPLOYE E, AND EXCLUSIVE REPRES ENTATIVE OF PUBLIC L OCAL 2
EMPLOYEES. 3

(2) PUBLIC LOCAL EMPLOYEES MAY FORM , JOIN, AND PARTICIPATE 4
IN THE ACTIVITIES OF EMPLOYEE ORGANIZATIONS OF THEIR OWN CHOICE FOR THE 5
PURPOSE OF BEING REP RESENTED IN ALL MATT ERS THAT RELATE TO S ALARIES, 6
WAGES, HOURS, AND OTHER WORKING CONDITIONS. 7

(3) PUBLIC LOCAL EMPLOYEE S, PUBLIC LOCAL EMPLOYE RS, AND 8
EXCLUSIVE REPRESENTATIVES ARE SUBJECT TO THE PROVISIONS OF TITLE 22 OF 9
THE STATE GOVERNMENT ARTICLE. 10

(B) (1) THIS SECTION MAY NOT BE CONSTRUED TO MODI FY OR 11
TERMINATE: 12

(I) A BARGAINING UNIT TH AT WAS RECOGNIZED OR IN 13
EXISTENCE ON OR BEFORE JUNE 30, 2026; OR 14

(II) A COLLECTIVE BARGAINING AGREEMENT ENTERED INTO ON 15
OR BEFORE JUNE 30, 2026. 16

(2) (I) A BARGAINING UNIT FOR PUBLIC LOCAL EMPLOYE ES MAY 17
NOT CONSIST OF BOTH SUPERVISORY EMPLOYEE S AND NONSUPERVISORY 18
EMPLOYEES. 19

(II) IF AN EMPLOYEE ORGANI ZATION HAS BEEN CERT IFIED 20
UNDER STATE OR LOCAL LAW ON OR BEFORE JUNE 30, 2026, TO BE AN EXCLUSIVE 21
REPRESENTATIVE OF PUBLIC LOCAL EMPLOYEES, THE APPLICABLE PUBLIC LOCAL 22
EMPLOYER SHALL ACCRE TE ALL ELIGIBLE POSI TIONS INTO THE EXIST ING 23
BARGAINING UNIT IN A CCORDANCE WITH THIS SECTION ON REQUEST O F THE 24
EXCLUSIVE REPRESENTATIVE. 25

(III) AN ACCRETION UNDER THIS SUBSECTION IS SUBJECT TO A 26
SHOWING OF INTEREST AND ELECTION BY PUBL IC LOCAL EMPLOYEES I N THE 27
ACCRETED POSITIONS I N ACCORDANCE WITH TH E COMPLIANCE DETERMI NATION 28
PROCEDURES UNDER § 1–2A–07 OF THIS SUBTITLE. 29

1–2A–03. 30

(A) A PUBLIC LOCAL EMPLOYE E WHO MAY EFFECTIVEL Y RECOMMEND AN 31
ACTION LISTED IN § 1–2A–01(G) OF THIS SUBTITLE MAY BE DEEMED A MANAGEMENT 32
6 SENATE BILL 922

EMPLOYEE IF THE PUBL IC LOCAL EMPLOYEE ’S EXERCISE OF THE AU THORITY 1
REQUIRES THE EXERCISE OF INDEPENDENT JUD GMENT AND IS NOT MERE LY OF A 2
ROUTINE OR CLERICAL NATURE. 3

(B) THE EXERCISE OF ANY S INGLE FUNCTION LISTE D IN § 1–2A–01(G) OF 4
THIS SUBTITLE MAY NO T NECESSARILY REQUIR E THE CONCLUSION THA T THE 5
INDIVIDUAL EXERCISING THAT FUNCTION IS I N FACT A MANAGEMENT EMPLOYEE 6
WITHIN THE DEFINITION. 7

(C) IN DIFFERENTIATING A MANAGEMENT EMPLOYEE FROM A 8
NONMANAGEMENT EMPLOYEE: 9

(1) A CLASS TITLE ALONE MAY NOT BE THE BASIS FOR 10
DETERMINATION; AND 11

(2) THE NATURE OF THE MA NAGEMENT EMPLOYEE ’S WORK , 12
INCLUDING WHETHER A SIGNIFICANT PORTION OF THE MANAGEMENT EMPLOYEE’S 13
WORKING TIME IS SPEN T AS PART OF A TEAM THAT INCLUDES NONMAN AGEMENT 14
EMPLOYEES, SHALL BE CONSIDERED. 15

1–2A–04. 16

(A) THIS SECTION APPLIES ONLY WITH RESPECT TO A PUBLIC LOCAL 17
EMPLOYER THAT: 18

(1) IS A QUASI–GOVERNMENTAL ENTITY; AND 19

(2) DOES NOT HAVE IMPASS E PROCEDURES ESTABLI SHED 20
ELSEWHERE IN LAW. 21

(B) IF, ON THE REQUEST OF EITHER PARTY, THE BOARD DETERMINES THAT 22
AN IMPASSE IS REACHED IN NEGOTIATIONS BETWEEN A PUBLIC LOCAL EMPLOYER 23
AND AN EXCLUSIVE REPRESENTATIVE, WITHIN 10 DAYS AFTER THE DETERMINATION 24
IS MADE, THE BOARD SHALL: 25

(1) SUBJECT TO SUBSECTIO N (C) OF THIS SECTION , REQUEST LAST 26
AND BEST OFFERS FROM THE PUBLIC LOCAL EMP LOYER AN D EXCLUSIVE 27
REPRESENTATIVE; AND 28

(2) ORDER THE PUBLIC LOC AL EMPLOYER AND THE EMPLOYEE 29
ORGANIZATION TO COMMENCE ARBITRATION WITHIN 14 DAYS AFTER THE BOARD’S 30
DETERMINATION THAT AN IMPASSE HAS BEEN REACHED. 31

SENATE BILL 922 7

(C) THE LAST AND BEST OFFERS SUBMITTED UNDER SUBSECTION (B)(1) OF 1
THIS SECTION: 2

(1) SHALL LIST SEPARATELY: 3

(I) EVERY TERM OR CONDITION OF EMPLOYMENT IN DISPUTE; 4
AND 5

(II) THE DEMANDS OF THE PARTY MAKING THE LAST AND BEST 6
OFFER; AND 7

(2) MAY NOT CONTAIN ITEMS OR TOPICS NOT PREVIOUSLY RAISED IN 8
THE BARGAINING PROCESS. 9

(D) WITHIN 5 DAYS AFTER AN ORDER TO ARBITRATE, THE PARTIES SHALL 10
SELECT AN ARBITRATOR BY: 11

(1) AGREEMENT; OR 12

(2) ALTERNATELY STRIKING FROM A LIST OF SEVEN NEUTRAL 13
PARTIES PROVIDED BY: 14

(I) THE FEDERAL MEDIATION AND CONCILIATION SERVICE; 15
OR 16

(II) THE AMERICAN ARBITRATION ASSOCIATION. 17

(E) THE ARBITRATOR SHALL CONCLUDE THE ARBITRATION WITHIN 30 DAYS 18
AFTER CONVENING THE FIRST ARBITRATION SESSION. 19

(F) (1) SUBJECT TO SUBSECTION (I) OF THIS SECTION , IF THE PUBLIC 20
LOCAL EMPLOYER AND EXCL USIVE REPRESENTATIVE DO NOT REACH AGREEME NT 21
BEFORE CONCLUDING THE ARBITRATION, THE ARBITRATOR SHALL ISSUE A FINAL 22
WRITTEN AWARD THAT SHALL BE BINDING ON BOTH PARTIES. 23

(2) THE ARBITRATOR SHALL ISSUE A STATEMENT OF REASONS FOR 24
THE FINAL WRITTEN AWARD. 25

(G) THE ARBITRATOR’S AWARD SHALL CONSIDER: 26

(1) THE WAGES , HOURS, WORKING CONDITIONS , OR OTHER TERMS 27
AND CONDITIONS OF EMPLOYMENT OF SIMILAR EMPLOYEES IN: 28

8 SENATE BILL 922

(I) SURROUNDING JURISDICTIONS; AND 1

(II) COMPARABLE JURISDICTIONS OUTSIDE THE STATE; AND 2

(2) THE ABILITY OF THE PUBLIC LOCAL EMPLOYER AND ANY FUNDING 3
BODY TO PAY, INCLUDING: 4

(I) THEIR EXISTING RESOURCES; AND 5

(II) THE COSTS OF THE AWARD. 6

(H) THE PUBLIC LOCAL EMPL OYER AND EXCLUSIVE R EPRESENTATIVE 7
SHALL SHARE THE COSTS OF THE HEARING EQUALLY. 8

(I) EACH NEGOTIATED PROVI SION OR AWARD IS SUB JECT TO ANY OTHER 9
PROVISIONS OF THIS A RTICLE CONCERNING THE FISCAL RELATIONSHIP BETWEEN 10
THE PUBLIC LOCAL EMPLOYER AND A FUNDING BODY. 11

1–2A–05. 12

(A) SUBJECT TO THE LIMITATIONS OF THIS SUBTITLE AND TITLE 22 OF THE 13
STATE GOVERNMENT ARTICLE, THE GOVERNING BODY O F A COUNTY OR 14
MUNICIPALITY MAY ADOPT A LOCAL LAW REGARDING LABOR RELATIONS OF PUBLIC 15
LOCAL EMPLOYEES. 16

(B) A LOCAL LAW ADOPTED UN DER THIS SECTION MAY NOT RESTRICT OR 17
WEAKEN T HE RIGHTS PROVIDED T O PUBLIC LOCAL EMPLO YEES AND EMPLOYEE 18
ORGANIZATIONS UNDER THIS SUBTITLE AND TITLE 22 OF THE STATE GOVERNMENT 19
ARTICLE. 20

1–2A–06. 21

EACH PUBLIC LOCAL EMP LOYER SHALL SUBMIT T O THE BOARD A COPY OF 22
EACH CONTRACT , MEMORANDUM OF UNDERS TANDING, OR SIMILAR WRITTEN 23
AGREEMENT ENTERED IN TO WITH THE EMPLOYEE REPRESENTATIVES PROVIDING 24
LABOR RELATION SERVICES. 25

1–2A–07. 26

(A) IN THIS SECTION , “EXEMPT LOCAL GOVERNM ENT” MEANS THE 27
GOVERNING BODY OF A COUNTY OR MUNICIPALI TY THAT HAS A PETITI ON UNDER 28
SUBSECTION (B) OF THIS SECTION GRANTED. 29

SENATE BILL 922 9

(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION, THE GOVERNING BODY 1
OF A COUNTY OR MUNICIPALITY MAY PETITION THE BOARD FOR A DETERMINATION 2
THAT ITS LOCAL LAWS COMPLY WITH THIS TIT LE AND TITLE 22 OF THE STATE 3
GOVERNMENT ARTICLE. 4

(C) (1) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, THE 5
BOARD SHALL: 6

(I) DETERMINE WHETHER TH E PETITIONING COUNTY ’S OR 7
MUNICIPALITY’S LAWS COMPLY WITH THIS TITLE; AND 8

(II) CONSIDER WHETHER GRA NTING THE PETITION W OULD 9
BEST EFFECTU ATE THE PURPOSES OF THIS TITLE AND TITLE 22 OF THE STATE 10
GOVERNMENT ARTICLE. 11

(2) THE BOARD SHALL ALLOW INT ERESTED EMPLOYEE 12
ORGANIZATIONS TO PAR TICIPATE IN THE CONS IDERATION OF A PETIT ION UNDER 13
THIS SUBSECTION IN A MANNER DETERMINED BY THE BOARD. 14

(D) (1) IF THE BOARD GRANTS A PETITI ON UNDER SUBSECTION (B) OF 15
THIS SECTION, THE EXEMPT LOCAL GOVERNMENT SHALL: 16

(I) EXCEPT AS PROVIDED I N PARAGRAPH (2)(II) OF THIS 17
SUBSECTION, BE EXEMPT FROM THE R EQUIREMENTS OF §§ 22–205(A) AND 22–403 18
OF THE STATE GOVERNMENT ARTICLE; AND 19

(II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, ADOPT 20
A LOCAL LAW GOVERNING: 21

1. THE COMPOSITION OF BARGAINING UNITS; AND 22

2. THE CALENDAR TIMELIN E FOR COLLECTIVE 23
BARGAINING, INCLUDING IMPASSE PROCEDURES. 24

(2) (I) A LOCAL LAW ADOPTED BY AN EXEMPT LOCAL 25
GOVERNMENT THAT PROVIDES FOR THE COMPOSITION OF BARGAINING UNITS MAY 26
NOT EXCLUDE PUBLIC LOCAL EMPLOYEES FROM A BARGAINING UNIT OTHER THAN 27
AS ALLOWED UNDER THI S SUBTITLE AND TITLE 22 OF THE STATE GOVERNMENT 28
ARTICLE. 29

(II) A LOCAL LAW ADOPTED BY AN EXEMPT LOCAL 30
GOVERNMENT SHALL EST ABLISH IMPASSE PROCE DURES FOR EACH BARGA INING 31
UNIT AUTHORIZED UNDER THE LOCAL LAW THAT: 32
10 SENATE BILL 922

1. ALLOW PUBLIC LOCAL E MPLOYEES OF THE EXEM PT 1
LOCAL GOVERNMENT TO STRIKE ON THE DECLARATION OF AN IMPASSE BY EITHER 2
PARTY; OR 3

2. A. ALLOW THE PARTIES TO APPOINT A NEUTRAL 4
ARBITRATOR WHO ISSUES A FINAL BINDING DECISION THAT IS TO BE IMPLEMENTED 5
AS A PART OF THE IMMEDIATELY FOLLOWING FISCAL YEAR’S BUDGET PROCESS; AND 6

B. CONSIDER THE FACTORS ESTABLISHED UNDER § 7
1–2A–04(G) OF THIS SUBTITLE WHEN MAKING THE FINAL BINDING DECISION. 8

(E) THE BOARD SHALL RETAIN JU RISDICTION OVER QUES TIONS OF 9
CERTIFICATIONS AS EXCLUSIVE REPRESENTATIVES AND UNFAIR LABOR PRACTICES 10
FOR EXEMPT LOCAL GOV ERNMENTS, PUBLIC LOCAL EMPLOYEES, AND EMPLOYEE 11
ORGANIZATIONS AS PROVIDED UNDER THIS SUBTITLE AND TITLE 22 OF THE STATE 12
GOVERNMENT ARTICLE. 13

Article – State Government 14

22–101. 15

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

(b) “Board” means the Public Employee Relations Board. 17

(c) Unless specifically provided otherwise, “day” means a calendar day. 18

(d) “Employee organization” means a labor organization in which public 19
employees participate and that has as one of its primary purposes representing pub lic 20
employees. 21

(e) “Exclusive representative” means an employee organization that has been 22
certified by the Board as an exclusive representative under Subtitle 4 of this title. 23

(f) “Interested employee organization” means: 24

(1) an employee organizati on already representing employees in a 25
bargaining unit; or 26

(2) a petitioner who has met the showing of interest requirement under § 27
22–402 of this title. 28

(g) “Lockout” means action taken by a public employer to: 29

SENATE BILL 922 11

(1) interrupt or prevent the continuity of the employees’ usual work for the 1
purpose and with the intent of coercing the employees into relinquishing rights guaranteed 2
by this title; or 3

(2) bring economic pressure on employees for the purpose of securing the 4
agreement of their executive representative to collective bargaining agreement terms. 5

(H) “MANAGEMENT EMPLOYEE ” MEANS AN EMPLOYEE WH O GENERALLY 6
HAS AUTHORITY AND WHO: 7

(1) FORMULATES POLICY TH AT IS APPLICABLE THR OUGHOUT A 8
BARGAINING UNIT; 9

(2) HAS A SIGNIFICANT RO LE IN PERSONNEL ADMINISTRATION, 10
EMPLOYEE RELATIONS, OR THE PREPARATION AND ADMINISTRATION OF BUDGETS 11
FOR THE EMPLOYER; OR 12

(3) MAY REASONABLY BE REQUIRED TO: 13

(I) ASSIST DIRECTLY IN THE PREPARATION FOR AND CONDUCT 14
OF COLLECTIVE BARGAINING NEGOTIATIONS ON BEHALF OF THE EMPLOYER; OR 15

(II) HAVE A MAJOR ROLE IN THE ADMINISTRATION O F 16
RESULTING COLLECTIVE BARGAINING AGREEMENTS. 17

[(h)] (I) “Public employee” means an individual who holds a position by 18
appointment or employment in the service of a public employer with coll ective bargaining 19
rights under: 20

(1) Title 3 of the State Personnel and Pensions Article [or]; 21

(2) TITLE 1, SUBTITLE 2A OF THE LOCAL GOVERNMENT ARTICLE; 22

(3) Title 6, Subtitle 4 or 5 [or] OF THE EDUCATION ARTICLE; OR 23

(4) Title 16, Subtitle 7 of the Education Article. 24

[(i)] (J) (1) “Public employer” means: 25

[(1)] (I) the State, including any unit, department, or instrumentality of 26
the State; 27

[(2)] (II) A PUBLIC LOCAL EMPLO YER, AS DEFINED IN § 1–2A–01 OF 28
THE LOCAL GOVERNMENT ARTICLE; 29
12 SENATE BILL 922

(III) a community college listed under § 16 –702(b) of the Education 1
Article; [and] 2

[(3)] (IV) a county board of education or the Baltimore City Board of School 3
Commissioners; OR 4

(V) A QUASI–GOVERNMENTAL ENTITY OF THE STATE. 5

(2) “PUBLIC EMPLOYER” DOES NOT INCLUDE THE JUDICIAL BRANCH 6
OF STATE GOVERNMENT. 7

(K) “PUBLIC LOCAL EMPLOYEE” HAS THE MEANING STAT ED IN § 1–2A–01 8
OF THE LOCAL GOVERNMENT ARTICLE. 9

[(j)] (L) “QUASI–GOVERNMENTAL ENTITY” HAS THE MEANING STAT ED IN 10
§ 1–2A–01 OF THE LOCAL GOVERNMENT ARTICLE. 11

(M) (1) “Showing of interest form” means a written statement from a public 12
employee who wishes to be represented by a petitioning employee organization for the 13
purpose of collective bargaining. 14

(2) “Showing of interest form” includes: 15

(i) a union authorization card; or 16

(ii) a union membership card. 17

[(k)] (N) (1) “Strike” means any concerted action to impede the full and 18
proper performance of employment duties in order to induce, influence, coerce, or enforce 19
demands for a change in wages, hours, terms, or other conditions of employment. 20

(2) “Strike” includes a total or partial: 21

(i) refusal or failure to report to work; 22

(ii) refusal or failure to perform employment duties; 23

(iii) withdrawal from work; 24

(iv) work stoppage; or 25

(v) work slowdown. 26

22–102. 27

SENATE BILL 922 13

(a) It is the intent of the General Assembly that it is the public policy of the State 1
to encourage and protect: 2

(1) the exercise by public sector employees of the full freedom of 3
association, self–organization, and designation of representatives of their own choosing, for 4
the purpose of negotiating the terms and conditions of their employment or other mutual 5
aid or protection; AND 6

(2) THE RIGHTS DESCRIBED IN ITEM (1) OF THIS SUBSECTION F OR 7
EMPLOYEES OF THE COUNTIES, MUNICIPALITIES, UNITS AND INSTRUMENTALITIES, 8
AND QUASI –GOVERNMENTAL ENTITIE S OF STATE AND LOCAL GOVER NMENTS 9
EXCLUDED FROM THE AP PLICATION OF THE FED ERAL NATIONAL LABOR 10
RELATIONS ACT. 11

22–104. 12

(A) AN EMPLOYEE WHO MAY E FFECTIVELY RECOMMEND ANY ACTION 13
LISTED IN § 22–101(H) OF THIS SUBTITLE MAY BE DEEMED A MANAGEME NT 14
EMPLOYEE IF THE EMPL OYEE’S EXERCISE OF THE AU THORITY REQUIRES THE 15
EXERCISE OF INDEPEND ENT JUDGMENT AND IS NOT MERELY OF A ROUT INE OR 16
CLERICAL NATURE. 17

(B) THE EXERCISE OF ANY SINGLE FUNCTI ON LISTED IN § 22–101(H) OF 18
THIS SUBTITLE MAY NO T NECESSARILY REQUIR E THE CONCLUSION THA T THE 19
INDIVIDUAL EXERCISIN G THAT FUNCTION IS A MANAGEMENT EMPLOYEE WITHIN 20
THE DEFINITION. 21

(C) IN DIFFERENTIATING A MANAGEMENT EMPLOYEE FROM A 22
NONMANAGEMENT EMPLOYEE: 23

(1) A CLASS TITLE ALONE MAY NOT BE THE BASIS FOR 24
DETERMINATION; AND 25

(2) THE NATURE OF THE MA NAGEMENT EMPLOYEE ’S WORK , 26
INCLUDING WHETHER A SIGNIFICANT PORTION OF THE MANAGEMENT EMPLOYEE’S 27
WORKING TIME IS SPEN T AS PART OF A TEAM THAT INCLUDES NONMANAGE MENT 28
EMPLOYEES, SHALL BE CONSIDERED. 29

22–207. 30

(b) (1) Public employers shall allow an exclusive representative to: 31

14 SENATE BILL 922

(i) meet with a new employee in a bargaining unit represented by 1
the exclusive representative within the first full pay period of the new employee’s start 2
date; or 3

(ii) attend and participate in a new employee program that includes 4
one or more employees who are in a bargaining unit represented by the exclusive 5
representative. 6

(2) The new employee program des cribed in paragraph (1)(ii) of this 7
subsection may be a new employee orientation, training, or other program that the public 8
employer and an exclusive representative negotiate in accordance with: 9

(I) Title 6, Subtitle 4 or 5 of the Education Article[,]; 10

(II) Title 16, Subtitle 7 of the Education Article[, or]; 11

(III) Title 3 of the State Personnel and Pensions Article; 12

(IV) TITLE 1, SUBTITLE 2A OF THE LOCAL GOVERNMENT 13
ARTICLE; OR 14

(V) A LOCAL LAW THE BOARD APPROVES IN A P ETITION FILED 15
IN ACCORDANCE WITH § 1–2A–07 OF THE LOCAL GOVERNMENT ARTICLE. 16

(3) Except as provided in paragraph (5) of this subsection, the exclusive 17
representative shall be allowed at least 30 minutes to meet with the new employee or to 18
collectively address all new employees in attendance during a new employee program. 19

(4) (i) Except as provided in subparagraph (ii) of this paragraph, a 20
meeting between the new employee and the exclusive representative shall be in person. 21

(ii) An exclusive representative may cho ose to meet with a new 22
employee by video or similar technology. 23

(5) A public employer and an exclusive representative may negotiate a 24
period of time that is more than 30 minutes in accordance with: 25

(I) Title 6, Subtitle 4 or 5 of the Education Article[,]; 26

(II) Title 16, Subtitle 7 of the Education Article[, or]; 27

(III) Title 3 of the State Personnel and Pensions Article; 28

(IV) TITLE 1, SUBTITLE 2A OF THE LOCAL GOVERNMENT 29
ARTICLE; OR 30
SENATE BILL 922 15

(V) A LOCAL LAW THE BOARD APPROVES IN A P ETITION FILED 1
IN ACCORDANCE WITH § 1–2A–07 OF THE LOCAL GOVERNMENT ARTICLE. 2

(6) A public employer: 3

(i) shall encourage an employee to meet with the exclusive 4
representative or attend the portion of a new employee program designated for an exclusive 5
representative to address new employees; and 6

(ii) may not require an employee to meet with an exclusive 7
representative or attend the portion of a new employee program designated for an exclusive 8
representative to address new employees if the employee objects to attending. 9

22–209. 10

(f) If an authorization for a public employer to make membership dues deduction 11
was in effect on June 30, 2023, OR, FOR A PUBLIC LOCAL EMPLOYER, JUNE 30, 2026: 12

(1) the right of the employee organization to membership dues deducti on 13
shall continue unless the right is terminated under subsection (d) of this section; and 14

(2) the employee organization may not be required to present new 15
authorization under subsection (a) of this section. 16

22–305. 17

(a) The Board shall appoint up to [three] FOUR deputy directors. 18

(b) The deputy directors: 19

(1) are responsible to and serve at the pleasure of the Board; 20

(2) must have knowledge of and experience with labor issues; 21

(3) must be attorneys who: 22

(i) are licensed by the State at the time of appointment; or 23

(ii) will become licensed by the State within 12 months after the date 24
of appointment; and 25

(4) are entitled to the salary provided in the State budget. 26

22–306. 27

(a) The Board is responsible for administering and enforcing provisions of: 28
16 SENATE BILL 922

(1) this title; 1

(2) Title 6, Subtitles 4 and 5 of the Education Article; 2

(3) Title 16, Subtitle 7 of the Education Article; [and] 3

(4) Title 3 of the State Personnel and Pensions Article; AND 4

(5) TITLE 1, SUBTITLE 2A OF THE LOCAL GOVERNMENT ARTICLE. 5

(b) In addition to any other powers or duties provided for elsewhere in this title, 6
Title 6, Subtitle 4 or 5 of the Education Article, Title 16, Subtitle 7 of the Education Article, 7
[and] Title 3 of the State Personnel and Pensions Article, AND TITLE 1, SUBTITLE 2A OF 8
THE LOCAL GOVERNMENT ARTICLE, the Board may: 9

(1) establish procedures for, supervise the conduct of, and resolve disputes 10
about elections for exclusive representatives; 11

(2) establish procedures for and resolve disputes about petitions for 12
bargaining unit clarification; 13

(3) establish procedures for and resolve disputes about petitions and 14
elections for decertification of an exclusive representative; 15

(4) investigate and take appropriate action in response to charges of unfair 16
labor practices, including strikes and lockouts; 17

(5) establish procedures for and resolve disputes about the negotiability of 18
bargaining subjects; 19

(6) on application by an employee organiza tion or public employer, 20
determine that the applicant shall be designated as a joint public employer of public 21
employees in an employer –employee bargaining unit determined in accordance with 22
Subtitle 4 of this title when such determination would best effec tuate the purposes of this 23
subtitle; and 24

(7) resolve matters as provided in §§ 6 –406, 6 –507, and 16 –707 of the 25
Education Article. 26

(c) The Board shall have broad discretion to take and order remedial actions 27
when it finds that a party has committed an unfair labor practice, including the restoration 28
of any right, pay, status, or benefit lost by a public employee or group of public employees, 29
due to violations of this title. 30

(d) To enforce the provisions of this subtitle, the Board may: 31
SENATE BILL 922 17

(1) issue subpoenas; and 1

(2) administer oaths and affirmations, examine witnesses, and receive 2
evidence. 3

(e) (1) Except as provided in paragraph (2) of this subsection, the Board shall 4
adopt and enforce regulations, guidelines, and policies to carry out this title. 5

(2) The Board may not adopt any regulation, guideline, or policy that: 6

(i) unnecessarily delays the resolution of disputes over elections, 7
unfair labor practices, or any other matter under this title; or 8

(ii) restricts or weakens the protections provided to public employees 9
and employee organizations under this title or under regulations. 10

(F) THE BOARD ANNUALLY SHALL PUBLISH THE DOCUMENT S REQUIRED 11
UNDER § 1–2A–06 OF THE LOCAL GOVERNMENT ARTICLE ON THE BOARD’S 12
WEBSITE. 13

22–307. 14

(f) [The] IF THE BOARD ISSUES A COMPLA INT UNDER THIS SECTI ON, THE 15
deputy director shall [provide relevant information gathered in the investigation of a 16
charge of unfair labor practices ] PRESENT THE CASE to the Board OR THE OFFICE OF 17
ADMINISTRATIVE HEARINGS. 18

22–309. 19

(a) The Board is not bound by any prior regulation, order, or action of the State 20
Labor Relations Board, the Public School Labor Relations Board, or the State Higher 21
Education Labor Relations Board, except for decisions regarding unit composition under § 22
22–403(c) of this title. 23

(b) [The Board is bound by prior opinions and decisions of a labor board listed 24
under subsection (a) of this section. 25

(c)] A prior order or action of a labor board listed under subsection (a) of this 26
section or any other body may be considered for its persuasive value. 27

[(d)] (C) The Board shall be bound by judicial orders regarding the scope of 28
bargaining under Title 6, Subtitles 4 and 5 of the Education Article. 29

22–401. 30

18 SENATE BILL 922

(c) (1) An exclusive representative or a bargaining unit in existence on June 1
30, 2023 , OR, FOR A BARGAINING UNI T FOR PUBLIC LOCAL E MPLOYEES, IN 2
EXISTENCE ON JUNE 30, 2026: 3

(i) shall continue without the requirement of an election and 4
certification until a question concerning representation is raised under this title; or 5

(ii) until the Board finds the unit not to be appropriate after 6
challenge by the public employer, a member of the unit, or an employee organization. 7

(2) (i) The appropriateness of the unit may not be challenged until the 8
expiration of any collective bargaining agreement in effect on: 9

1. June 30, 2023; OR 10

2. FOR PUBLIC LOCAL EMPLOYEES, JUNE 30, 2026. 11

(ii) The Board may not modify any bargaining unit determined 12
under existing law. 13

22–403. 14

(a) (1) Except as otherwise provided in this title, Title 6, Subtitle 4 or 5 of the 15
Education Article, Title 16, Subtitle 7 of the Education Article, [or] Title 3 of the State 16
Personnel and Pensions Article, TITLE 1, SUBTITLE 2A OF THE LOCAL GOVERNMENT 17
ARTICLE, OR A LOC AL LAW THE BOARD APPROVES IN A P ETITION FILED IN 18
ACCORDANCE WITH § 1–2A–07 OF THE LOCAL GOVERNMENT ARTICLE, the Board 19
shall determine the appropriateness of each bargaining unit. 20

(2) If there is no dispute about the appropriateness of the establishment of 21
the bargaining unit, the Board shall issue an order defining an appropriate bargaining unit. 22

(3) If there is a dispute about the appropriateness of the establishment of 23
the bargaining unit, the Board shall: 24

(i) conduct a hearing; and 25

(ii) issue an order defining an appropriate bargaining unit. 26

(b) If the appropriate bargaining unit as determined by the Board differs from the 27
bargaining unit described in the petition, the Board may: 28

(1) dismiss the petition; or 29

(2) direct an election in the appropriate bargaining unit if at least 30% of 30
the signatures included in the petition are of employees in the appropriate bargaining unit. 31
SENATE BILL 922 19

(c) A bargaining unit may consist only of public employees. 1

22–501. 2

(A) Representatives of public employers and exclusive representatives shall meet 3
at reasonable times and engage in collective bargaining in good faith and to conclude a 4
written memorandum of understanding or other negotiated agreement in accordance with 5
Title 6, Subtitle 4 or 5 of the Education Article, Title 16, Subtitle 7 of the Education Article, 6
[or] Title 3 of the State Personnel and Pensions Article , TITLE 1, SUBTITLE 2A OF THE 7
LOCAL GOVERNMENT ARTICLE, OR A LOCAL LAW THE BOARD APPROVES IN A 8
PETITION FILED IN ACCORDANCE WITH § 1–2A–07 OF THE LOCAL GOVERNMENT 9
ARTICLE. 10

(B) A MEMORANDUM OF UNDERS TANDING OR OTHER NEG OTIATED 11
AGREEMENT ENTERED IN TO IN ACCORDANCE WIT H SUBSECTION (A) OF THIS 12
SECTION MAY PROVIDE FOR BINDING ARBITRAT ION OF GRIEVANCES AR ISING 13
UNDER THE AGREEMENT THAT T HE PARTIES HAVE AGRE ED TO BE SUBJECT TO 14
ARBITRATION. 15

SECTION 2. AND BE IT FURTHER ENACTED, That: 16

(a) In this section, “local government” means Allegany County, Anne Arundel 17
County, Baltimore City, Baltimore County, Harford County, Howard County, Montgomery 18
County, Prince George’s County, the City of Annapolis, the City of Bowie, the City of 19
Cumberland, the City of College Park, the City of Hagerstown, the City of Rockville, the 20
City of Salisbury, and the City of Takoma Park. 21

(b) It is the intent of the General Assembly that a delay in the implementation of 22
Section 1 of this Act for a local government shall ensure the harmonious continuation of 23
existing collective bargaining relationships without interruption and allow local 24
governments with existing collective bargaining legislation to resolve a petition filed under 25
§ 1–2A–07 of the Local Government Article, as enacted by Section 1 of this Act, and may 26
not be used to plan for or engage in activities that would discourage or otherwis e coerce 27
employees seeking to hold an election. 28

(c) (1) (i) Except as provided in subparagraph (ii) of this paragraph, 29
Section 1 of this Act does not apply to a local government before July 1, 2027. 30

(ii) Beginning on the effective date of this Act, a local government 31
may file a petition with the Public Employee Relations Board in accordance with § 32
1–2A–07 of the Local Government Article, as enacted by Section 1 of this Act. 33

(2) Section 1 of this Act shall apply to a local government on or after J uly 34
1, 2027. 35

20 SENATE BILL 922

SECTION 3. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 1
the application of any provision of this Act to any person or circumstance is held invalid for 2
any reason in a court of competent jurisdiction, the invalidity does n ot affect other 3
provisions or any other application of this Act that can be given effect without the invalid 4
provision or application, and for this purpose the provisions of this Act are declared 5
severable. 6

SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 7
1, 2026. 8