SB 138
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
Senate Bill 138 (Senator Hettleman)
Finance Appropriations
Education - Baltimore County Public Library - Collective Bargaining
This bill establishes a collective bargaining process for full- or part-time nonmanagement
employees, as specified, of the Baltimore County Public Library. The bill takes effect
July 1, 2021.
Fiscal Summary
State Effect: To the extent Baltimore County eligible library employees’ salaries increase
due to the collective bargaining process, expenditures increase to pay increased retirement
costs beginning in FY 2025; however, any such impact is not material. Revenues are not
affected.
Local Effect: The Baltimore County Public Library can handle payroll deductions for
union and service fees using existing resources. Baltimore County Public Library
expenditures may increase significantly due to the hiring of outside mediators and increases
in library employee salaries. In addition, there may be immaterial increases in retirement
costs for non-State eligible employees.
Small Business Effect: None.
Analysis
Bill Summary: An employee may form, join, and participate in an employee organization;
bargain collectively through a representative of their choice; and engage in lawful
concerted activities for their mutual aid and protection. An employee also may refuse to
join or participate in the activities of an employee organization.
Represent All Employees Fairly
The employer must recognize the right of the certified exclusive representative to represent
the employees in the unit in collective bargaining and the settlement of grievances. The
certified exclusive representative of a unit must (1) serve as the sole agent for the unit in
collective bargaining and (2) represent all employees in the unit fairly and in good faith, in
a manner that is not arbitrary or discriminatory.
Certification of an Employee Organization
During the month of September only, an employee organization with written proof that at
least 30% of the employees in the bargaining unit have designated the employee
organization to represent them, may file a petition with the Director of the
Baltimore County Public Library, or their designee, as specified. Before the petition of
interest may be processed, the proof of interest must be verified by a neutral decision maker
from the federal Mediation and Conciliation Service as specified. The employee
organization and the library system must equally bear any costs associated with the
verification. The neutral decision maker must decide on the inclusion or exclusion of
specified employees in the bargaining unit. The neutral decision maker’s findings are final
and binding on both parties.
A bargaining unit may only hold an election once per year. The director, or their designee,
must notify all employees within the bargaining unit that an election will be held and
request a neutral decision maker from the federal Mediation and Conciliation Service to
oversee and conduct an election by secret ballot. The ballot must include choices for
exclusive representation by any employee organization seeking to obtain or continue
representation rights, as specified, and no exclusive representation.
An employee organization must be certified as exclusive representative following an
election if the employee organization has received the vote of a majority of the valid votes
cast. If an election includes three or more choices and no choice receives the majority of
votes, the neutral decision maker must conduct a runoff election between the two choices
that received the largest number of votes. The choice receiving the largest number of votes
must be certified.
Employees represented by an employee organization may petition for decertification as
specified. The petition must be process as described.
Topics for Collective Bargaining
If an employee organization is certified as specified, the employer and the certified
exclusive representative must enter into a collective bargaining agreement that contains
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provisions regarding wages, hours, and the terms and conditions of employment; the
grievance process regarding the interpretation and implementation of the agreement; and
other topics that the parties may mutually agree to that are suitable for bargaining.
Dues
The employer must automatically deduct dues from an employee who is a member of the
union and who submits a dues deduction card. The dues must be remitted to the certified
exclusive representative. The employer must automatically stop making payroll deductions
on behalf of a certified exclusive representative if the certified exclusive representative is
decertified, the certified exclusive representative’s right to dues is revoked, the employee
ceases to be a member of the bargaining unit, or the employee resigns from membership in
the employee organization.
Provisions for the Agreement
An employee is not allowed to engage in a strike. The authority of the Baltimore County
Executive or the county council to determine the budget of the Baltimore County Public
Library is not restricted.
The bill establishes terms that must be met in a collective bargaining agreement, a process
for reaching an agreement and when an impasse must be declared. The bill also establishes
processes and requirements for mediating an impasse, selecting a mediator, and resolving
a dispute. Any costs associated with this must be shared equally by the employer and the
certified exclusive representative.
The county executive is not bound by any decision made under the mediation process and
must act in accordance with the bill. The county council may accept or reject the
recommendation of approval by the county executive. The mediation process established
in the bill must be the exclusive procedure for resolving disputes between the parties, unless
the parties, by mutual agreement, determine to use another method of dispute resolution.
The board must submit a term of collective bargaining agreement or memorandum of
understanding (MOU) to the county executive with the board’s recommendation regarding
whether the agreement or mediator’s decision requires an appropriation of additional funds.
Terms That May Have a Fiscal Impact
The county executive may approve or reject a request for additional funding, in whole or
in part. If the county executive approves a request, the county executive must submit the
request to the county council. The county council may approve or reject a request for
additional funding, in whole or in part.
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If any part of a request for additional funding submitted to the county executive or county
council is rejected, the request for additional funds must be returned to the employer and
the certified exclusive representative for renegotiation within the limits of the funding
allocated by the county executive and county council. The renegotiation must be completed
within a timetable established by the county executive.
If an impasse is reached, the employer and the certified exclusive representative must
submit a final offer, within the limits of the funding allocated by the county executive and
the county council. The county executive must select one of the offers. The selection of the
county executive is binding on all parties.
Employers and Employee Organizations
The employer and the employee organization are mutually obligated to meet and negotiate
as specified. The obligation to negotiate in good faith requires that an effort be made to
arrive at an agreement and reduce the agreement to writing within a reasonable period of
time, but does not require that concessions be made on either side.
The bill specifies the exclusive rights of the employer and, subject to applicable provisions
of a collective bargaining agreement or MOU, the employer may take specified actions
including direct, hire, promote, and demote its employees.
The employer and the employee organizations are prohibited from certain activities,
including interfering with, restraining, or coercing an employee in the exercise of any right
given to the employee by the bill; and refusing to bargain in good faith.
An employee who is a member of a bargaining unit with an exclusive representative may,
without the intervention of an employee organization, discuss any matter with the
employer. This subsection does not waive the right of the employee organization to be the
exclusive bargaining representative for issues related to wages, hours, and working
conditions and is not intended to create an alternative path to alter terms and conditions of
the collective bargaining agreement between the parties.
Collective Bargaining Agreement Supersedes
Except as otherwise provided by law, if employees have entered into a collective
bargaining agreement with the employer, the collective bargaining agreement supersedes
any conflicting regulation or administrative policy of the employer.
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Prohibited Activities
In general, strikes, work stoppages, lockouts, and secondary boycotts are prohibited.
Employees and employee organizations may not engage in, sponsor, initiate, support,
direct, or condone a strike, work stoppage, or secondary boycott. Employee organizations
may not engage in, initiate, sponsor, or support, directly or indirectly, picketing or the
employer, its property, or field or office facilities in furtherance of a strike, work stoppage,
or secondary boycott.
If an employee organization violates these prohibitions, the board, after a majority vote,
may (1) revoke the employee organization’s designation as certified exclusive;
(2) disqualify the employee organization from participating in representation elections for
a period of up to two years; and (3) terminate immediately the payroll deductions for the
employee organization’s dues.
An employee who violates these prohibitions is subject to immediate disciplinary action,
which may include permanent dismissal from employment for just cause.
The employer may not direct a lockout against employees; however, this may not be
construed to prohibit the employer from exercising its managerial rights.
Current Law: Since it is a charter county, Baltimore County may (1) establish a local
library agency and grant it some or all of the powers of a board of trustees or (2) have a
board of library trustees, provide for the board’s selection, and determine its powers.
Each board of library trustees must establish policies for staff classification; salaries; work
conditions; suspension with pay; grievance procedures; benefits, including vacation and
sick leave; hours of work; and any other personnel procedures and practices necessary for
the efficient operation of the library. A library board of trustees may advise in the
preparation of, and approve, the library budget.
Employees of the Howard County Library System and the Prince George’s County
Memorial Library System have the rights to organize and bargain collectively through
representatives of their choosing. As employees of Montgomery County, employees of the
Montgomery County Public Library System may bargain collectively.
State Expenditures: Although the bill may affect State expenditures for retirement as
early as fiscal 2025, any such impact is not material. The State pays retirement benefits for
eligible library employees based on the salaries of eligible library employees in the second
prior fiscal year. If library employees choose to bargain collectively, the salary base for
teachers may increase beginning in fiscal 2023 depending on the outcomes of the collective
bargaining process.
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Local Expenditures: Baltimore County library system can handle payroll deductions for
union fees using existing resources. Baltimore County expenditures for public libraries
may increase due to (1) increased costs for collective bargaining, including the hiring of
outside mediators and (2) increased salaries for employees. In addition, the bill may affect
local retirement expenditures for library employees who are not librarians or clerical staff;
however, any impact is not material.
Increased Labor Negotiations
Baltimore County library system expenditures may increase to hire outside mediators. The
Baltimore County library system and the designated local library employee organizations
are required to split mediation costs. Mediation costs will depend on the number of cases
per year and cannot be reliably estimated. The bill does provide specific timeframes for the
completion of mediation, which may help to control costs.
Increased Salaries and Benefits and Increased Retirement Costs
Another potential cost for Baltimore County library system is increased salaries and fringe
benefits for employees due to the implementation of collective bargaining processes. To
the extent that collective bargaining is more advantageous for library employees, costs may
increase significantly.
According to a report from the AFL-CIO’s Department for Professional Employees, in
2018, union librarians and library assistants earned on average 38% and 48%, respectively,
more per week than their nonunion equivalents. However, this statistic likely significantly
over estimates the impact of union participation on salary because it does not account for
library location or type (i.e., municipal, school, or academic).
Baltimore County advises the Baltimore County Public Library System has
728 employees, which equates to 492 full-time equivalent staff. In fiscal 2022,
Baltimore County Public Library System salaries, including management staff and staff
not part of the State retirement system are estimated to be $24.2 million according to
Baltimore County. If these costs were to increase by 1% in fiscal 2023 (in addition to a 2%
annual projected salary increase), Baltimore County may spend an additional $242,233 in
fiscal 2023 (although these figures include management salaries, which are not included in
the bill). The bill does, however, specify that the Baltimore County Executive or
Baltimore County Council may reject a term that has a fiscal impact. In addition,
Baltimore County library system expenditures may increase to provide paid leave for
employee organization stewards to attend training sessions. To the extent salaries increase
for non-State eligible employees, local expenditures for retirement costs may also increase;
however, any impact on retirement costs is not material.
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Additional Comments: The bill does not establish a designated number of units. It is
assumed that all Baltimore County library employees eligible for collective bargaining
under the bill will bargain as one unit.
Additional Information
Prior Introductions: None.
Designated Cross File: HB 45 (Delegate Forbes) - Appropriations.
Information Source(s): Maryland State Library Agency; Governor’s Office; State
Retirement Agency; Baltimore County; Department of Legislative Services
Fiscal Note History: First Reader - January 26, 2021
rh/rhh Third Reader - April 13, 2021
Revised - Amendment(s) - April 13, 2021
Revised - Correction - July 20, 2021
Analysis by: Caroline L. Boice Direct Inquiries to:
(410) 946-5510
(301) 970-5510
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Statutes affected:
Text - First - Education - Baltimore County Public Library - Collective Bargaining: 23-701 Education, 23-702 Education, 23-703 Education, 23-704 Education, 23-705 Education, 23-706 Education, 23-707 Education, 23-708 Education, 23-709 Education
Text - Third - Education - Baltimore County Public Library - Collective Bargaining: 23-701 Education, 23-702 Education, 23-702 Education, 23-703 Education, 23-704 Education, 23-706 Education, 23-705 Education, 23-706 Education, 23-707 Education, 23-708 Education, 23-709 Education, 23-712 Education