Baltimore County Public Library - Collective Bargaining - Supervisory Employees, the official text

WES MOORE, Governor                          Ch. 757

Chapter 757

                   (House Bill 388)

AN ACT concerning

Baltimore County Public Library – Collective Bargaining – Supervisory
                                               Employees

FOR the purpose of authorizing supervisory employees of the Baltimore County Public
         Library to form, join, and participate in an employee organization and engage in
         certain other activities related to collective bargaining; authorizing certain
         bargaining units for the employees of the Baltimore County Public Library; altering
         certain provisions to provide that an employee may be deemed a certain management
         employee, rather than a supervisory employee, under certain circumstances; and
         generally relating to collective bargaining for supervisory employees of the Baltimore
         County Public Library.

BY renumbering
         Article – Education
         Section 23–802 through 23–812
         to be Section 23–803 through 23–813, respectively
         Annotated Code of Maryland
         (2022 Replacement Volume and 2025 Supplement)

BY repealing and reenacting, without amendments,
         Article – Education
         Section 23–801(a), (k), and (l)
         Annotated Code of Maryland
         (2022 Replacement Volume and 2025 Supplement)

BY repealing and reenacting, with amendments,
         Article – Education
         Section 23–801(h)
         Annotated Code of Maryland
         (2022 Replacement Volume and 2025 Supplement)

BY adding to
         Article – Education
         Section 23–802
         Annotated Code of Maryland
         (2022 Replacement Volume and 2025 Supplement)

BY repealing and reenacting, with amendments,
         Article – Education
         Section 23–803 and 23–810(a)
         Annotated Code of Maryland

                                                           –1–
Ch. 757  2026 LAWS OF MARYLAND

         (2022 Replacement Volume and 2025 Supplement)
         (As enacted by Section 1 of this Act)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That Section(s) 23–802 through 23–812 of Article – Education of the Annotated Code of
Maryland be renumbered to be Section(s) 23–803 through 23–813, respectively.

         SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:

                                                Article – Education

23–801.

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

         (h) (1) “Employee” means a full–time or part–time employee of the library.

                (2) “Employee” does not include a confidential employee[,] OR
management employee[, or supervisory employee].

         (k) “Management employee” means an employee who generally has authority and
who:

                  (1) Formulates policy that is applicable throughout a bargaining unit;

                  (2) Has a significant role in personnel administration, employee relations,
or the preparation and administration of budgets for the employer; or

                  (3) May reasonably be required to:

                           (i) Assist directly in the preparation for and conduct of collective
bargaining negotiations on behalf of the employer; or

                           (ii) Have a major role in the administration of resulting collective
bargaining agreements.

         (l) “Supervisory employee” means an employee who is authorized to:

                  (1) Hire, transfer, suspend, lay off, recall, promote, discharge, assign,
reward, or discipline employees;

                  (2) Responsibly direct employees for more than 50% of the employee’s
working hours; or

                  (3) Address and resolve the grievances of employees.
                                                           –2–
WES MOORE, Governor  Ch. 757

23–802.

        (A) THERE MAY NOT BE MORE THAN TWO BARGAINING UNITS ESTABLISHED
UNDER THIS SUBTITLE, INCLUDING:

                (1) ONE BARGAINING UNIT FOR EMPLOYEES WHO ARE NOT
SUPERVISORY EMPLOYEES; AND

                (2) ONE BARGAINING UNIT FOR SUPERVISORY EMPLOYEES.

        (B) THIS SUBTITLE MAY NOT BE CONSTRUED TO MODIFY OR TERMINATE:

                (1) A BARGAINING UNIT THAT WAS RECOGNIZED OR IN EXISTENCE ON
OR BEFORE JUNE 30, 2026; OR

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

23–803.

        (a) An employee who may effectively recommend an action listed in [§ 23–801(l)]
§ 23–801(K) of this subtitle may be deemed a [supervisory] MANAGEMENT employee if
the employee’s exercise of the authority requires the exercise of independent judgment and
is not merely of a routine or clerical nature.

        (b) The exercise of any single function listed in [§ 23–801(l)] § 23–801(K) of this
subtitle may not necessarily require the conclusion that the individual exercising that
function is in fact a [supervisory] MANAGEMENT employee within the meaning of the
definition.

        (c) In differentiating a [supervisory] MANAGEMENT employee from a
[nonsupervisory] NONMANAGEMENT employee:

                  (1) A class title alone may not be the basis for determination; and

                (2) The nature of the [supervisory] MANAGEMENT employee’s work,
including whether or not a significant portion of the [supervisory] MANAGEMENT
employee’s working time is spent as part of a team that includes [nonsupervisory]
NONMANAGEMENT employees shall be considered.

23–810.

–3–
Ch. 757  2026 LAWS OF MARYLAND

         (a) The Board shall submit a term of a collective bargaining agreement or
memorandum of understanding entered into under [§§ 23–807 and 23–808] §§ 23–808
AND 23–809 of this subtitle to the County Executive with the Board’s recommendation
regarding whether the agreement or the mediator’s decision requires an appropriation of
additional funds.

         SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2026.

Approved by the Governor, May 26, 2026.

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