Collective Bargaining for State and Local Government Employees
States have taken different approaches to granting collective bargaining rights to State and
local government employees. Below is an overview of collective bargaining as it relates to State
and local government employees, a summary of general collective bargaining laws in other states,
and summaries of collective bargaining laws in Maryland.
Overview of Collective Bargaining
Collective bargaining is a process whereby employers and employees bargain over wages,
benefits, and other conditions of employment. Unlike collective bargaining for private employees,
which is governed by the federal National Labor Relations Act and overseen by the National Labor
Relations Board, collective bargaining for State and local government employees is not governed
by federal law or overseen by a federal entity. Rather, collective bargaining rights for government
employees are established through the enactment of law, either by a state or a political subdivision
(local government) of a state. In addition, public employee collective bargaining generally is
monitored or overseen by some version of a statutorily established labor relations board, with
similar powers as the National Labor Relations Board. Finally, there are two dispute resolution
processes that are generally used in collective bargaining: mediation and arbitration. Mediation
generally is used when there is an impasse, or deadlock, regarding collective bargaining
negotiations. When applicable, if mediation fails, then arbitration may be used to resolve an
impasse. Arbitration is also generally used when there is a disagreement over the application or
interpretation of a term of the collective bargaining agreement.
General Collective Bargaining Laws in Other States
Twenty states have statutes that allow all state and local government employees, with a
few exceptions, to engage in collective bargaining. Those states are Alaska, Delaware, Florida,
Hawaii, Illinois, Iowa, Kansas, Massachusetts, Michigan, Minnesota, Missouri, Montana,
New Hampshire, New Jersey, New Mexico, North Dakota, Ohio, Oregon, South Dakota, and
Washington. These types of laws may be in addition to other state or local laws that allow and
govern collective bargaining for specific types of employees, such as public school teachers and
law enforcement officers. The general collective bargaining laws vary in the amount of detail
provided, as well as the specific provisions included.
Commonly Included Provisions
The provisions described further in this document are included in at least half of the states’
general collective bargaining statutes. Exhibit 1 indicates which states have the provisions
described.
1
Exhibit 1
Commonly Included Provisions
By State
State
2
Alaska
Delaware
Florida
Hawaii
Illinois
Iowa
Kansas
Massachusetts
Michigan
Minnesota
Missouri
Montana
New
Hampshire
New Jersey
New Mexico
North Dakota
Ohio
Oregon
South Dakota
Washington
Statement
of
Labor
Legislative Exclusion
Relations
Determination
of Certain
Intent,
Agency,
of Bargaining
Types of
Policy, or
Board, or
Purpose Employees Commission
Units
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Rights of
Employees
X
Source: Department of Legislative Services review of state laws
X
X
X
Service Fees
and
Religious
Exemptions
Selection of an
Exclusive
Representative
Dispute
Resolution
Process
Unfair
Labor
Practices
Strikes
and
Lockouts
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Statement of Legislative Intent, Policy, or Purpose
Twelve states included statements of legislative intent, policy, or purpose in the states’
general collective bargaining laws. Although the statements vary widely, they generally focus on
(1) the need for harmony and cooperation between the public employer and the public employees;
(2) the recognition of the right of the employees to organize; (3) a requirement that the employer
negotiate with the employees’ chosen representative; (4) the need to protect the public by assuring
uninterrupted, effective, and orderly service; and (5) the need for an agency, a board, or a
commission to assist in the process of collective bargaining.
Exclusion of Certain Types of Employees
All 20 states exclude certain types of employees from the application of the general
collective bargaining law. The most commonly excluded employees are (1) elected officials;
(2) confidential employees; and (3) supervisory and managerial employees. Other excluded
employees vary widely between the states, but examples include (1) appointed officials;
(2) members of the militia or the state’s National Guard; and (3) legislative employees.
Labor Relations Agency, Board, or Commission
Twelve of the 20 states have labor relations agencies, boards, or commissions that facilitate
the collective bargaining and dispute resolution processes. Some of those states use an agency,
board, or commission that was created in another part of law, but the majority of states establish
them specifically in the general collective bargaining law. The specific provisions vary widely,
but generally include membership, duties, and the authority to adopt regulations.
Determination of Bargaining Units
The laws of 17 of the states include provisions regarding bargaining units. Twelve states
require that the state’s labor relations agency, board, or commission or labor commissioner
determine the appropriate bargaining units. Three states specify the bargaining units in the law.
The remaining two states place limitations on the bargaining units or require that certain law
enforcement officers be placed in a separate bargaining unit.
The Rights of the Employees
Seventeen of the 20 states’ laws include provisions regarding the rights of employees with
regard to collective bargaining. All have a provision stating that the employees have the right to
organize, form, join, or assist an employee organization. Thirteen states also have a provision
stating that an employee has the right to refrain from joining or refuse to join an employee
organization. Additionally, 10 of the states’ laws include the right of an employee to engage in
concerted activities. Other rights that are less often included are the right to (1) self-organize;
(2) negotiate collectively; (3) grieve through representatives of the employees’ own choosing;
(4) be represented without discrimination; (5) grieve directly to the employer; (6) express, except
under certain circumstances, a view, grievance, complaint, or opinion on any matter related to the
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conditions or compensation of public employment; and (7) be represented by an employee
organization.
Selection of an Exclusive Representative
Sixteen states’ laws include election/certification procedures that are used to choose the
exclusive representatives. Although the provisions are not uniform, a majority of the states require
that (1) a petition be submitted; (2) at least 30% of the proposed bargaining unit sign the petition;
(3) the state’s labor relations agency, board, or commission hold a hearing regarding the petition;
(4) the election be held by secret ballot; (5) a runoff be held if none of the employee organizations
on the ballot receive a majority of votes; (6) there be at least 12 months between elections; and
(7) the ballot include a “no representation” option. A majority of the states also restrict the
circumstances under which an election can be held if there is a valid collective bargaining
agreement already in place. Most of the restrictions relate to the number of days before the
expiration of the agreement within which an election can be held. Examples of provisions that are
included by less than half are (1) allowing the employer to submit the petition; (2) allowing an
exclusive representative to be appointed by the mutual consent of the employer and the employees;
and (3) allowing employee organizations that did not submit the petition to be included on the
ballot if a certain percentage of employees agree to the inclusion.
Five states also allow for the decertification of an exclusive representative.
decertification process is generally very similar to the election/certification process.
The
Dispute Resolution Processes
A mediation process is included in the laws of 15 of the states to some extent. Although
the exact provisions vary, they usually include (1) when the process is to be used; (2) how a
mediator is to be appointed; and (3) who is to pay the cost of mediation. Other provisions some
of the states include are specific timelines that must be followed and special processes for certain
types of employees (e.g., public school employees or police). A few states require that mediation
be used to resolve a disagreement over the application or interpretation of a term of the collective
bargaining agreement.
Arbitration is included, to some extent, in the laws of 17 of the states; however, some of
the laws only state who can engage in arbitration. Also, in at least two of the states, there are
different arbitration processes included for different types of employees. The arbitration
provisions vary more widely between the states than for the mediation provisions. Examples of
the provisions include (1) who pays the cost of arbitration; (2) how the arbitrator is chosen; and
(3) whether the parties can negotiate the procedure to be used. Also, 14 states either require or
allow binding arbitration, which requires the parties to abide by the decision of the arbitrator.
Unfair Labor Practices
Nineteen of the 20 states’ laws include provisions regarding unfair labor practices. All
19 states prohibit both the employer and the exclusive representative from engaging in unfair labor
practices. What is considered an unfair labor practice depends on the state.
4
For employers, the most common unfair labor practices listed are (1) interfering with,
restraining, or coercing an employee in or because of the exercise of a collective bargaining right;
(2) dominating, interfering with, or assisting in the formation, existence, or administration of an
employee organization; (3) discriminating against employees to encourage or discourage
membership in an employee organization; (4) refusing to bargain in good faith; and (5) discharging
or discriminating against an employee because the employee signed or filed an affidavit, petition,
or complaint or gave testimony regarding collective bargaining violations. Examples of other
employer unfair labor practices include refusing to discuss grievances in good faith, violating the
collective bargaining agreement, and refusing to participate in good faith in mediation or
arbitration.
For the exclusive representative, the two most often listed unfair labor practices are
restraining or coercing an employee in exercising collective bargaining rights and refusing to
bargain in good faith. Other unfair labor practices vary widely. Examples, however, include
(1) refusing or failing to comply with the collective bargaining law; (2) participating in a strike;
and (3) restraining or coercing employers in the selection of an exclusive representative.
Out of the 19 states that prohibit unfair labor practices, 16 have procedures that are used
when there is an allegation that either the employer or the exclusive representative has engaged in
an unfair labor practice. While the procedures vary widely, the most common aspects are (1) a
written complaint either filed by the complainant or issued by the labor relations agency, board, or
commission; (2) the holding of a hearing; (3) the ability to appeal a decision; (4) a prohibition on
filing claims based on an event that occurred more than six months before; and (5) the ability to
go to court to enforce an order or a subpoena issued by the labor relations agency, board, or
commission.
Strikes and Lockouts
Sixteen states’ laws contain specific provisions regarding strikes. Ten of those prohibit
strikes altogether, while the rest allow certain classes of employees to strike. For example, Alaska
prohibits police and fire protection employees; jail, prison, and other correctional institution
employees; and hospital employees from striking, while all other types of employees are allowed
to strike to some extent. It should be noted that two of the states also prohibit lockouts by the
employer.
Service Fees and Religious Exemptions
Thirteen states have provisions regarding service fees, religious exemptions from
employee organization membership, or both. Service fees (also known as fair share fees or
representation fees) are fees charged to nonmembers in lieu of employee organization dues, fees,
and assessments. They are either allowed to be assessed or required to be assessed on all
nonmember employees in seven of the states. Of those seven, five states either specify that the
amount of the service fee may not exceed (1) an amount that is equal to the amount of a member’s
dues, fees, and assessments; or (2) an amount equal the member’s dues, fees, and assessments
minus any portion of dues that would be used for services that are only available to members. Two
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of those states further limit the amount of the service fee by stating that in no case can it be more
than 85% of the amount paid by a member. Four of the states allow employees to request that they
be given a rebate or refund in an amount equal to the portion of a member’s dues that are used by
the employee organization for political and ideological activity. One state only provides that
service fees are subject to collective bargaining, while another state prohibits service fees for most
employees, but requires that they be assessed for police and fire department employees and state
police.
Seven states require that a religious exemption be provided to employees who do not wish
to join an employee organization for bona fide religious reasons. These states either require the
employee to pay an amount equal to the union dues or an amount equal to the service fee.
Generally, these amounts are paid directly by the employee to a nonreligious, and in some cases,
nonunion charitable organization on which the employee and labor union have both agreed.
Deductions of Dues or Service Fees from Pay
Ten states include a statement of whether dues may be deducted directly from an
employees pay. The provisions either (1) require the public employer to deduct dues, service fees,
or both either on the written authorization of an employee or automatically; (2) only require that
service fees be deducted; (3) leave it in the discretion of the exclusive representative as to whether
the dues should be directly deducted; or (4) provide that dues must be deducted if it is agreed on
by the employer and the exclusive representative.
Additional Provisions
There also are provisions that are less frequently included in the laws, but were included
in several of the states’ laws. The provisions are listed below.
•
Scope: This provision outlines negotiable items, nonnegotiable items, or both.
•
The Rights of the Employer: This provision details the rights maintained by the employer,
such as the right to select and direct personnel.
•
Treatment of Inconsistent Statutes: This provision states whether the general collective
bargaining law supersedes any inconsistent State or local statute.
•
Treatment of Provisions Requiring Funding: This provision outlines the procedure to be
used if a collective bargaining agreement is going to include a provision that affects the
budget of the employer.
•
Duties and Rights of Exclusive Representatives: This provision lists either the duties of
the exclusive representative (e.g., the duty to represent all employees without regard to
membership), the rights of the exclusive representative (e.g., the right of being the only
representative that the employer negotiates with), or both.
6
•
Negotiations: This provision outlines the negotiation process in more detail, including
timelines that need to be met
•
Contents of the Collective Bargaining Agreement: This provision lists issues that must
be addressed in the collective bargaining agreement or provisions that the agreement must
include.
•
Registration or Reporting Requirements: These provisions require an employee
organization to register with a governmental entity, require the exclusive representative to
report certain information (e.g., the amount spent on certain activities) to a governmental
entity, or both.
Costs: This provision specifies who is responsible for paying the costs associated with
collective bargaining outside of the mediation and arbitration processes.
Collective Bargaining in Maryland
There is no State law that grants collective bargaining rights generally to all State and local
government employees; however, the State has enacted laws granting collective bargaining rights
to State employees, certificated and noncertificated employees of public schools, specified
community college employees, and specified local law enforcement officers and correction
officers in various political subdivisions. Also, it is within the powers of the counties and
municipalities to pass local laws granting collective bargaining rights to their employees.
Collective Bargaining in State Law
State law grants collective bargaining rights to a variety of public employees. An overview
of the collective bargaining laws for Executive Branch employees, including higher education
employees, certificated and noncertificated public school employees, and deputy sheriffs are
discussed below.
Executive Branch Employees
Most Executive Branch employees in State government, including higher education
employees, have collective bargaining rights established under State law. Examples of excluded
employees include management and executive service employees, special appointees, the
Governor’s personal staff, elected officials, and faculty of higher education institutions. Except
for higher education employees, covered employees are divided into 10 bargaining units. Public
higher education four-year institutions are required to create bargaining units for employees who
are exempt from the federal Fair Labor Standards Act, nonexempt employees, and sworn police
officers. Although the potential exists for the establishment of up to 42 bargaining units for higher
education employees, the University System of Maryland institutions are allowed to cooperate
with each other for the purposes of collective bargaining.
7
The State Labor Relations Board oversees collective bargaining for most Executive Branch
employees and conducts the elections in which those employees choose their exclusive bargaining
representative, while an independent Higher Education Labor Relations Board plays the same role
for State four-year institutions of higher education and the Baltimore City Community College.
In order to be certified as an exclusive representative, an employee organization must
submit a petition showing that at least 30% of the eligible employees in a bargaining unit wish to
be represented by the petitioning organization. Other employee organizations may participate in
the election if they prove that 10% of the eligible employees in the bargaining unit wish to be
represented by them. Once the appropriate labor relations board certifies a petition, an election by
secret ballot must be held within 90 days.
For the majority of Executive Branch employees, the Department of Budget and
Management represents the State in negotiations with each unit’s bargaining representative. The
President or governing board of the applicable State higher education institution negotiates with
the bargaining representatives of higher education employees. The negotiations may include any
matters relating to wages, hours, and terms and conditions of employment. The appropriate State
representative is not required to negotiate any matter that is inconsistent with State law; however,
the appropriate representative may negotiate items that require a statutory change or an
appropriation as long as the parties understand that the item cannot become effective unless the
General Assembly approves the statutory change or makes the appropriation. The State collective
bargaining statute does not provide for binding arbitration; instead, the State and bargaining
representatives must meet and confer about negotiable terms. However, if no agreement is reached
for the next fiscal year by October 25, a fact finder may be appointed.
After negotiations have concluded, a Memorandum of Understanding is prepared, which
delineates all agreements the bargaining parties have reached. On approval by the Governor or
the applicable head of the State higher education institution and ratification by a majority of the
employees in the bargaining unit, the terms of the memorandum are agreed. A Memorandum of
Understanding may be effective for a period of one to three years.
State law delineates the rights of employees and the rights of the State as an employer as
they relate to collective bargaining. Statute also prohibits unfair labor practices, such as interfering
with, restraining, or coercing employees in the exercise of collective bargaining rights, by both the
State and its representatives and employee organizations and their representatives. Additionally,
employees may not strike nor may the State engage in a lockout.
While an exclusive representative bargains for all members of a particular bargaining unit,
only members of the representing organization pay union membership dues. Collective bargaining
may include negotiations relating to the right of an exclusive representative to receive a negotiated
service fee from nonmember employees to offset costs attributable to the collective bargaining
process. An employee who has religious objections to joining or financially supporting a union is
not required to pay the service fee, but is required to instead pay an amount not to exceed the
service fee to a charitable organization.
8
Certificated and Noncertificated Public School Employees
Both certificated (teachers) and noncertificated (all other employees except administrators)
public school employees have been granted collective bargaining rights under State law.
Under State law, local boards of education and the employee organizations that are
designated as the exclusive representative of each bargaining unit in each school system must
negotiate all matters that relate to salaries, wages, hours, and other working conditions, and may
negotiate other matters that are mutually agreed to by the applicable board and employee
organization. However, the school calendar, the maximum class size, and any other matter
addressed in statute may not be the subject of negotiations. In addition, local schools boards and
exclusive representatives are required to negotiate a service or representation fee for nonmembers
of the exclusive representative. The law also includes a requirement that nonmembers who have
religious objections to joining a union pay an amount of money to a charitable organization.
Collective bargaining for certificated and noncertificated employees is overseen by the
Public School Labor Relations Board. The Public School Labor Relations Board is responsible
for mediating disputes between local boards of education and the local employee organizations
representing school system personnel. If collective bargaining between the local school board and
the exclusive representative results in an impasse, the Public School Labor Relations Board may
order mediation by a neutral mediator and, if necessary, may conduct arbitration over the disputed
topics. If the county government does not approve sufficient funds to implement a negotiated
agreement, the local school board must negotiate with the employee organization before making a
final determination as to matters that have been the subject of negotiation in accordance with a
timetable and procedure established by the Public School Labor Relations Board.
The collective bargaining law for public school teachers also includes provisions governing
(1) the election of an exclusive representative and (2) the rights of employees, the employers, and
the exclusive bargaining representatives. The law also prohibit strikes.
Deputy Sheriffs and Other Sheriff’s Office Employees
At the request of local jurisdictions, the General Assembly passed State laws that authorize
collective bargaining for deputy sheriffs in the following jurisdictions: Allegany; Baltimore;
Cecil; Charles; Frederick; Howard; Montgomery; and Prince George’s counties.
Although the deputy sheriffs in the nine counties are authorized to bargain collectively with
the county sheriff, and in some cases with the county government, the counties vary regarding
which deputy sheriffs have collective bargaining and whether other employees of the sheriff’s
office can collectively bargain. Deputy sheriffs below the rank of lieutenant and civilian
employees of the sheriff in Allegany and Montgomery counties have collective bargaining rights,
and civilian employees of the Prince George’s County sheriff also have collective bargaining
rights. Cecil, Charles, and Frederick counties allow collective bargaining for deputies at the rank
of sergeant and below, while Howard County allows collective bargaining for deputies at the rank
of corporal and below. Both Charles and Frederick counties also allow collective bargaining for
correctional officers employed by the sheriff, and only Prince George’s County does not specify
which deputies have collective bargaining.
9
The collective bargaining process for these employees is similar and generally include
bargaining over wages, benefits, and other conditions of employment. All nine counties have
procedures for certifying and decertifying exclusive representatives, but the counties vary
regarding impasse provisions. There are no impasse provisions for Baltimore, Charles, and
Frederick counties. Allegany County allows mediation and binding arbitration, while Cecil and
Howard counties allow mediation. Lastly, collective bargaining for deputies in Montgomery and
Prince George’s counties are conducted under the provisions of each counties’ local collective
bargaining laws.
Collective Bargaining in Local Government Laws
As mentioned earlier, there is no State law that generally allows all local government
employees to engage in collective bargaining; rather, it is within the powers of the counties and
municipalities in Maryland to pass local laws granting collective bargaining rights to their
employees. Eleven of Maryland’s 24 counties have exercised that authority and have some kind
of collective bargaining for employees. Eight of those allow collective bargaining for most rank
and file employees. The rest allow for collective bargaining for a specific group of individuals,
such as police officers, sheriffs, or emergency medical personnel. The extent to which a county’s
code includes collective bargaining measures varies drastically from robust sections in the
Montgomery and Prince George’s counties codes to Washington County, which simply states
collective bargaining is authorized and strikes are prohibited.
There are also two municipalities — the City of Frederick and Takoma Park — that have
collective bargaining statutes similar to those in the counties’ laws. A number of other
municipalities merely refer to collective bargaining in their municipal code. Such references
include authorizing the city council to adjourn to closed session to discuss collective bargaining
agreements or that there are exemptions from certain personnel provisions for employees covered
by a collective bargaining agreement.
Commonly Included Collective Bargaining Provisions
The provisions detailed below are included in the codes of at least half of the 10 local
governments that have included in their codes a section authorizing collective bargaining for rank
and file employees. The local governments are Allegany County; Anne Arundel County;
Baltimore City; Baltimore County; Howard County; Montgomery County; Prince George’s
County; Washington County; the City of Frederick; and Takoma Park. Exhibit 2 indicates which
local government codes include the commonly included provisions.
10
Exhibit 2
Commonly Included Provisions
By Local Governments
Jurisdiction
11
Allegany
Anne Arundel
Baltimore
Baltimore City
Frederick, City
Howard
Montgomery
Prince George’s
Takoma Park
Washington
Statement
of
Legislative
Intent,
Policy, or
Purpose
X
X
X
X
X
X
X
X
X
Exclusion
of Certain
Types of
Employees
X
Determination
of Bargaining
Units
X
X
X
X
X
X
Source: Department of Legislative Services
X
X
X
Rights of
Employees
X
X
X
X
X
X
X
X
Selection of an
Exclusive
Representative
X
X
X
X
X
X
Dispute
Resolution
Process
X
X
X
X
X
X
X
X
X
Strikes and
Lockouts
X
X
X
X
X
X
X
X
X
X
Deductions
of Dues of
Service Fees
from Pay
X
X
X
X
X
X
•
Statement of Legislative Intent, Policy, or Purpose: Nine local government laws include
a section stating collective bargaining is a right of their employees. The general focus is
that the entity recognizes (1) the need for harmony and cooperation between the public
employer and public employees; (2) the right of the employees to organize; (3) that the
employer must negotiate with the employees’ chosen representative; and (4) the need to
protect the public by assuring uninterrupted, effective, and orderly service.
•
Exclusion of Certain Types Employees: Five of the local governments exclude certain
types of employees from the application of the collective bargaining law. The most
commonly excluded employees are (1) elected officials; (2) confidential employees; and
(3) supervisory and managerial employees.
•
Determination of Bargaining Units: Five local governments have provisions related to
the number of appropriate bargaining units. Four specify the exact number of units allowed
and the remaining one states items to be taken into consideration when determining an
appropriate bargaining unit when certification is sought.
•
The Rights of the Employees: Eight local governments have a provision stating that the
employees have the right to organize, form, join, assist or participate in, an employee
organization. All eight also have a provision stating that an employee has the right to
refrain from joining or refusing to join an employee organization.
•
Selection of an Exclusive Representative: Six local governments include a procedure that
is used to elect or certify the exclusive representatives. The requirements found in a
majority of those local government laws are that (1) a petition be submitted; (2) at least
30% of the proposed bargaining unit sign the petition; (3) the election be held by secret
ballot; (4) there be at least 12 months between elections; and (5) the ballot include a “no
representation” option. If a decertification process also is included in the provision, the
process is similar to that of certification.
•
Dispute Resolution Processes: There is variation between having mediation, arbitration,
and binding arbitration among the local government. Three local governments authorize
mediation when there is an impasse between the parties. Three local governments go
straight to arbitration or binding arbitration in the case of impasse. Three local
governments start with mediation and escalate, if no agreement is reached, to arbitration or
binding arbitration. One local government has no resolution process specified.
•
Strikes and Lockouts: Nine local governments have provisions prohibiting strikes, while
strikes in Takoma Park are considered lawful if involved in an impasse and four specific
conditions have been met. Three local governments prohibit both strikes by employees
and lockouts by employers.
•
Deductions of Dues or Service Fees from Pay: Six local governments have included a
statement of whether dues may be deducted directly from an employees pay. The
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provisions either: (1) allow for the employees’ membership dues (some provisions require
written employee permission) to be deducted from their paychecks and remitted to the
designated employee organization; or (2) establish the right of a certified representative to
receive voluntary dues or service fee deductions only through negotiations.
•
Additional Provisions: There also are provisions that are less frequently included in the
local government codes, but were included in at least one local government code. The
provisions are listed below.
•
Scope: This provision outlines negotiable items, nonnegotiable items, or both.
•
Labor Relations Agency, Board, or Commission: This provision provides for an
entity to which collective bargaining issues should be presented.
•
Negotiations: This provision outlines the negotiation process in more detail,
including timelines that need to be met.
•
Contents of the Collective Bargaining Agreement: This provision lists issues that
must be addressed in the collective bargaining agreement or provisions that the
agreement must include.
•
Unfair Labor Practices: This provision lists the activities and actions that are
considered to be unfair labor practices.
Summary
The laws discussed above provide an overview of how Maryland and other states approach
collective bargaining. While the specifics of the laws vary, there are commonly included
provisions that a drafter should address in a new collective bargaining law. Depending on the
request and needs of the sponsor, the drafter should also consider whether less common provisions
should be included and whether provisions unique to Maryland are needed.
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