§ 3-501. Bargaining process

   (a) Designation of representatives. --

   (1) The following individuals or entities shall designate one or more representatives to participate as a party in collective bargaining on behalf of the State or the following institutions:

      (i) on behalf of the State, the Governor;

      (ii) on behalf of a system institution, the president of the system institution; and

      (iii) on behalf of Morgan State University, St. Mary's College of Maryland, or Baltimore City Community College, the governing board of the institution.

   (2) The exclusive representative shall designate one or more representatives to participate as a party in collective bargaining on behalf of the exclusive representative.

(b) Meeting times; good faith. -- The parties shall meet at reasonable times and engage in collective bargaining in good faith to conclude a written memorandum of understanding or other written understanding as defined under § 3-101(c)(1)(ii) of this title.

(c) Conclusion of negotiations; inclusion in budget request. --

   (1) The parties shall make every reasonable effort to conclude negotiations in a timely manner for inclusion by the principal unit in its budget request to the Governor.

   (2) (i) The parties shall conclude negotiations before January 1 for any item requiring an appropriation of funds for the fiscal year that begins on the following July 1.

      (ii) In the budget bill submitted to the General Assembly, the Governor shall include any amounts in the budgets of the principal units required to accommodate any additional cost resulting from the negotiations, including the actuarial impact of any legislative changes to any of the State pension or retirement systems that are required, as a result of the negotiations, for the fiscal year beginning the following July 1 if the legislative changes have been negotiated to become effective in that fiscal year.

   (3) (i) If the parties do not conclude negotiations for the next fiscal year before October 25, either party may request that a fact finder be employed to resolve the issues.

      (ii) The fact finder shall be employed no later than November 1.

      (iii) A fact finder shall be a neutral party appointed by alternate striking from a list by the parties provided:

         1. by the Federal Mediation and Conciliation Service; or

         2. under the Labor Arbitration Rules of the American Arbitration Association.

      (iv) The fact finder:

         1. may give notice and hold hearings in accordance with the Administrative Procedure Act;

         2. may administer oaths and take testimony and other evidence;

         3. may issue subpoenas; and

         4. before November 20, shall make written recommendations regarding wages, hours, and working conditions, and any other terms or conditions of employment that may be in dispute.

      (v) The written recommendations of the fact finder shall be delivered to the Governor, the exclusive representative, the President of the Senate, and the Speaker of the House of Delegates by the Secretary on or before December 1.

(d) Memorandum of understanding. --

   (1) A memorandum of understanding that incorporates all matters of agreement reached by the parties shall be executed by the exclusive representative and:

      (i) for a memorandum of understanding relating to the State, the Governor or the Governor's designee;

      (ii) for a memorandum of understanding relating to a system institution, the president of the system institution or the president's designee; and

      (iii) for a memorandum of understanding relating to Morgan State University, St. Mary's College of Maryland, or Baltimore City Community College, the governing board of the institution or the governing board's designee.

   (2) To the extent these matters require legislative approval or the appropriation of funds, the matters shall be recommended to the General Assembly for approval or for the appropriation of funds.

   (3) To the extent matters involving a State institution of higher education require legislative approval, the legislation shall be recommended to the Governor for submission to the General Assembly.

(e) Closed session negotiations. -- Negotiations for a memorandum of understanding shall be considered closed sessions under § 10-508 of the State Government Article.

(f) Exemption for employees of higher education institution. --

   (1) The terms of a memorandum of understanding executed by the Governor or the Governor's designee and an exclusive representative of a bargaining unit for skilled service or professional service employees in the State Personnel Management System are not applicable to employees of a State institution of higher education.

   (2) The terms of a memorandum of understanding executed by a president of a system institution or the governing board of Morgan State University, St. Mary's College of Maryland, or Baltimore City Community College, or their respective designees, and the exclusive representative of a bargaining unit for employees of a State institution of higher education are not applicable to skilled service or professional service employees in the State Personnel Management System.

HISTORY: 1999, ch. 298, § 2; 2001, ch. 341; 2002, ch. 440, § 8; 2006, ch. 62.