Bill Summary – FastDemocracy

HB 904
                      Department of Legislative Services
                             Maryland General Assembly
                                   2021 Session
                           FISCAL AND POLICY NOTE
                                Enrolled - Revised
House Bill 904                  (Delegate Bridges)
Appropriations                                                                    Finance
  State Personnel - Collective Bargaining - Exclusive Representative Access to New
                                     Employees
This bill alters the means of access and circumstances under which an exclusive
representative is required to be permitted access to new employees of the State, the
University System of Maryland (USM) system institutions, Morgan State University
(MSU), St. Mary’s College of Maryland (SMCM), and Baltimore City Community College
(BCCC). The bill also alters how the exclusive representative must be notified of a
new employee and specifies information that must be provided about each new employee.
The bill takes effect July 1, 2021.
                                    Fiscal Summary
State Effect: The bill’s requirements can generally be handled with existing budgeted
resources; however, larger agencies with high turnover rates and critical hires may need to
divert resources from current priorities. Revenues are not materially affected.
Local Effect: None.
Small Business Effect: None.
                                        Analysis
Bill Summary: An exclusive representative must be permitted to meet with a
new employee within the employee’s first full pay period, or at a new employee program
that occurs within 14 days of the employee’s start date. The time an exclusive
representative must be permitted to collectively address all new employees is extended
from 20 to 30 minutes; a longer time may be negotiated. The meeting must be in person
unless the exclusive representative elects to meet by video or similar technology due to a
public health concern. As under current law, attendance must be encouraged, but may not
be required, by the employer.
Except under specified circumstances, the employer must provide the exclusive
representative at least 10 days’ notice of the start date of a new employee in the bargaining
unit. The notice must be provided electronically within 5 days of the employee’s
first check-in. It must include the new employee’s name, unit, and all employee
identification numbers, including Workday numbers. However, it must exclude the new
employee’s Social Security number. This information must be considered confidential by
an exclusive representative. An exclusive representative may not disclose the information
in a notice; however, the exclusive representative may authorize a third-party contractor to
use the information in a notice, as directed by the exclusive representative, to fulfill the
exclusive representative’s statutory duties.
Current Law: Approximately 30,000 State employees have collective bargaining rights.
Maryland’s collective bargaining law generally applies to employees of the
Executive Branch departments, the Maryland Insurance Administration, the State
Department of Assessments and Taxation, the State Lottery and Gaming Control Agency,
USM, the Office of the Comptroller, the Maryland Transportation Authority (MDTA) who
are not police officers, the State Retirement Agency, the Maryland State Department of
Education, MSU, SMCM, and BCCC, along with specified firefighters for the Martin State
Airport and all full-time MDTA police officers at the rank of first sergeant and below.
Certain Executive Branch employees within the State do not have these rights, such as
elected government officials, political appointees or employees by special appointment, or
any supervisory, managerial, or confidential employees of an Executive Branch
department.
The Department of Budget and Management (DBM), USM, MSU, SMCM, and BCCC
must provide specified employee information in a searchable and analyzable electronic
format to an exclusive representative within 30 days of a new employee’s hire and as
specified.
Access to New Employees
Each exclusive representative has the right to communicate with the employees that it
represents. The State, USM, MSU, SMCM, and BCCC must permit an exclusive
representative to attend and participate in a new employee program that includes one or
more employees who are in a bargaining unit represented by the exclusive representative
and must generally provide the exclusive representative at least 10 days’ notice of the
program. The new employee program may be a new employee orientation, training, or
HB 904/ Page 2
other program that the State, USM, MSU, SMCM, or BCCC and an exclusive
representative negotiate. The exclusive representative must be permitted 20 minutes, or
longer if successfully negotiated, to collectively address all new employees in attendance
during a new employee program. The State, USM, MSU, SMCM, and BCCC must
encourage an employee to attend the portion of a new employee program designated for an
exclusive representative to address new employees, but they may not require an employee
to attend if the employee objects to attending.
State Fiscal Effect: DBM advises that the bill increases the workload for agencies by
creating additional mandated steps in the hiring process. The bill requires the employer to
provide electronic notice to the local president or union designee, which must be done
within five days of the employee’s first check-in. The notice must include the
new employee’s name, unit, and all employee identification numbers, including
Workday numbers, but must exclude the new employee’s Social Security number. The
Department of Legislative Services advises these requirements can generally be handled
with existing budgeted resources; however, larger agencies with high turnover rates and
critical hires may need to divert resources from current priorities.
Any additional labor disputes regarding access to employees resulting from this legislation
may impact the reimbursable expenditures and revenues of the State labor relations boards.
Any such impact is anticipated to be minimal.
                               Additional Information
Prior Introductions: None.
Designated Cross File: SB 717 (Senator Zucker) - Finance.
Information Source(s): State Higher Education Labor Relation Board; State Labor
Relations Board; University System of Maryland; St. Mary’s College of Maryland;
Department of Budget and Management; Maryland Department of Transportation;
Department of Legislative Services
HB 904/ Page 3
Fiscal Note History:   First Reader - February 24, 2021
rh/rhh                 Third Reader - March 31, 2021
                              Revised - Amendment(s) - March 31, 2021
                       Enrolled - May 7, 2021
                              Revised - Amendment(s) - May 7, 2021
Analysis by: Caroline L. Boice                   Direct Inquiries to:
                                                 (410) 946-5510
                                                 (301) 970-5510
HB 904/ Page 4
Statutes affected: 
Text - First - State Personnel - Collective Bargaining - Exclusive Representative Access to New Employees: 3-307 State Personnel and Pensions
Text - Third - State Personnel - Collective Bargaining - Exclusive Representative Access to New Employees: 3-307 State Personnel and Pensions
Text - Enrolled - State Personnel - Collective Bargaining - Exclusive Representative Access to New Employees: 3-307 State Personnel and Pensions