reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 14 - Organ Donation Leave › Section 3-1403 - Rights of Eligible Employee Who Take Leave

(a)    An employer may not consider any period of time during which an eligible employee takes organ donation leave to be a break in the eligible employee’s continuous service for the purpose of the eligible employee’s right to salary adjustments, sick leave, vacation, paid time off, annual leave, or seniority.
(b)    An eligible employee who returns to work after taking organ donation leave is entitled to be restored by an employer:
(1)    to the position of employment held by the eligible employee when the organ donation leave began; or
(2)    to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.
(c)    An employer may deny restoration of the eligible employee’s position of employment under subsection (b) of this section because of conditions unrelated to the exercise of rights established under this subtitle.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 14 - Organ Donation Leave › Section 3-1404 - Group Health Plan Coverage; Commission

(a)    During any period that an eligible employee takes organ donation leave, an employer shall maintain coverage of a group health plan for the duration of the organ donation leave and in the same manner that coverage would have been provided if the eligible employee had continued in employment continuously for the duration of the organ donation leave.
(b)    If an eligible employee works on a commission basis, an employer shall pay to the eligible employee during any period of organ donation leave any commission that becomes due because of work the eligible employee performed before taking organ donation leave.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 14 - Organ Donation Leave › Section 3-1406 - Violations

(a)    Whenever the Commissioner determines that this subtitle has been violated, the Commissioner shall:
(1)    try to resolve informally by mediation any issue involved in the violation; or
(2)    ask the Attorney General to bring an action on behalf of the eligible employee.
(b)    The Attorney General may bring an action under this section for injunctive relief, damages, or other relief in the county where the violation allegedly occurred.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 14 - Organ Donation Leave › Section 3-1407 - Prohibited Activities

(a)    An employer may not:
(1)    violate any provision of this subtitle;
(2)    hinder, delay, or otherwise interfere with the Commissioner or an authorized representative of the Commissioner in the enforcement of this subtitle; or
(3)    discharge or otherwise discriminate against an employee because the employee has:
(i)    requested or taken organ donation leave authorized under this subtitle;
(ii)    made a complaint to the employer, the Commissioner, or another person; or
(iii)    testified or will testify in an action under this subtitle or a proceeding that relates to the subject of this subtitle.
(b)    The Commissioner may bring an action for injunctive relief and damages against a person who violates subsection (a)(1) or (3) of this section.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 14 - Organ Donation Leave › Section 3-1408 - Leave Rights Under This Subtitle

(a)    This subtitle may not be construed to diminish the obligation of an employer to comply with a collective bargaining agreement or an employment benefit program or plan that provides greater organ donation leave rights to employees than the rights established under this subtitle.
(b)    The rights established for employees under this subtitle may not be diminished by a collective bargaining agreement or an employment benefit program or plan.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 15 - Criminal History Screening › Section 3-1501 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Criminal record” means:
(1)    an arrest;
(2)    a plea or verdict of guilty;
(3)    a plea of nolo contendere;
(4)    the marking of a charge “stet” on the docket;
(5)    a disposition of probation before judgment; or
(6)    a disposition of not criminally responsible.
(c)    (1)    “Employer” means a person who employs 15 or more full–time employees.
(2)    “Employer” includes a person who acts, directly or indirectly, in the interest of an employer with respect to an employee of the employer.
(d)    (1)    “Employment” means any work for pay and any form of vocational or educational training, with or without pay.
(2)    “Employment” includes:
(i)    contractual, temporary, seasonal, or contingent work; and
(ii)    work through the services of a temporary or other employment agency.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 15 - Criminal History Screening › Section 3-1502 - Certain Employer Inquiries or Actions Not Prohibited -- More Restrictive Local Actions Allowed

(a)    This subtitle does not:
(1)    prohibit an employer from making an inquiry or taking other action that the employer is required to take or is expressly authorized to take by another applicable federal or State law; or
(2)    apply to an employer that provides programs, services, or direct care to minors or to vulnerable adults.
(b)    This subtitle may not be construed to preempt a local jurisdiction from enacting or enforcing a law that is more restrictive with respect to criminal record screening practices of employers in the local jurisdiction.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 15 - Criminal History Screening › Section 3-1503 - When Inquiries About Criminal Records Allowed

(a)    Except as provided in subsection (b) of this section, an employer may not, at any time before the first in–person interview, require an applicant to disclose whether the applicant has a criminal record or has had criminal accusations brought against the applicant.
(b)    An employer may require an applicant to disclose during the first in–person interview with the applicant whether the applicant has a criminal record or has had criminal accusations brought against the applicant.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 15 - Criminal History Screening › Section 3-1505 - Employer Penalties Enforced by Commissioner

(a)    If the Commissioner determines that an employer has violated any provision of this subtitle, the Commissioner:
(1)    shall issue an order compelling compliance; and
(2)    for a subsequent violation, may, in the Commissioner’s discretion, assess a civil penalty of up to $300 for each applicant for employment or employee with respect to whom the employer violated any provision of this subtitle.
(b)    In determining the amount of the penalty, if assessed, the Commissioner shall consider:
(1)    the gravity of the violation;
(2)    the size of the employer’s business;
(3)    the employer’s good faith; and
(4)    the employer’s history of violations under this subtitle.
(c)    The assessment of a penalty under subsection (a)(2) of this section shall be subject to the notice and hearing requirements of Title 10, Subtitle 2 of the State Government Article.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 16 - Secure Maryland Wage Act › Section 3-1601 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Covered employee” means any individual employed to perform work at a heightened security interest location who is a nonexempt employee as described in the federal Fair Labor Standards Act.
(2)    “Covered employee” does not include an individual employed to perform work at a heightened security interest location by:
(i)    a retail establishment as defined in § 3–710 of this title;
(ii)    a food service facility as defined in § 21–301 of the Health – General Article; or
(iii)    an on–airport or off–airport motor vehicle rental company, or any other company involved in motor vehicle rental operations.
(c)    (1)    “Employ” means to engage an individual to work.
(2)    “Employ” includes:
(i)    allowing an individual to work; and
(ii)    instructing an individual to be present at a work site.
(d)    (1)    “Employer” includes a person who acts directly or indirectly in the interest of another employer with an employee.
(2)    “Employer” does not include:
(i)    an employer that provides construction services as defined in § 3–901 of this title; or
(ii)    an airline.
(e)    “Heightened security interest location” means:
(1)    Baltimore–Washington International Thurgood Marshall Airport; or
(2)    Pennsylvania Station in Baltimore.
(f)    “Wage” means all compensation that is due to an employee for employment.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 16 - Secure Maryland Wage Act › Section 3-1602 - Legislative Findings -- Purpose of Subtitle

(a)    The General Assembly finds that:
(1)    low wages of employees at a heightened security interest location can be a substantial factor in the inability of these locations to attract or retain experienced and trained employees; and
(2)    high turnover rates and inexperience of many employees at a heightened security interest location that result from low wages can hinder the ability of the employees to respond to emergency situations and put at risk the safety, security, and welfare of the residents of the State.
(b)    The purpose of this subtitle is to set a higher wage standard for employees working at a heightened security interest location to promote the safety, security, and welfare of the residents of the State by:
(1)    ensuring that employers at a heightened security interest location can attract and retain experienced and trained workers;
(2)    increasing employee preparedness and improving the ability of employees to assist in emergency responses and evacuations;
(3)    safeguarding employers and employees against unfair competition that compromises safety;
(4)    providing a maintenance level that increases employee efficiency, general well–being, and health; and
(5)    protecting the vitality of a heightened security interest location through improvements to the experience, training, and efficacy of employees in terms of safety and security.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 16 - Secure Maryland Wage Act › Section 3-1603 - Application of Subtitle -- Rights of Covered Employees

(a)    This subtitle applies to a covered employee of an employer only if at least 50% of the covered employee’s time during any workweek is performed at a heightened security interest location.
(b)    This subtitle does not diminish:
(1)    the right of covered employees to bargain collectively with their employers through representatives whom the covered employees choose to establish wages or other conditions of employment in excess of the applicable minimum for wages under this subtitle; or
(2)    a right of a covered employee that is granted under the federal Fair Labor Standards Act.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 16 - Secure Maryland Wage Act › Section 3-1604 - Wage Rate for Covered Employees -- Overtime Wages -- Void Agreements -- Tips Not Included

(a)    (1)    An employer shall pay a covered employee a wage rate:
(i)    for the 12–month period beginning January 1, 2022, that is not less than $13.50 per hour;
(ii)    for the 12–month period beginning January 1, 2023, that is not less than $14.25 per hour;
(iii)    for the 12–month period beginning January 1, 2024, that is not less than $15.00 per hour; and
(iv)    for the 12–month period beginning January 1, 2025, that is not less than $16.00 per hour.
(2)    Beginning January 1, 2026, an employer shall pay a covered employee:
(i)    a wage rate that is not less than $16.00 per hour; and
(ii)    an additional supplement benefit rate with a value not less than $1.00 per hour by:
1.    applying the full supplement benefit to assist in covering the employee’s share of health or other benefits, excluding paid leave;
2.    A.    applying a portion of the supplement benefit to assist in covering the employee’s share of health or other benefits, excluding paid leave; and
B.    paying the balance in cash; or
3.    paying the entire supplement benefit in cash.
(b)    An employer shall pay an overtime wage of at least 1.5 times the usual hourly wage required under subsection (a) of this section on the basis of each hour over 40 hours that a covered employee works during 1 workweek.
(c)    An agreement between an employer and a covered employee to work for less than the wage required under this section is void.
(d)    (1)    An employer may not include a tip credit amount under § 3–419 of this title as part of the wage of a covered employee whose duties include providing passengers with wheelchair assistance, including a wheelchair agent or a passenger service agent.
(2)    An employer of a covered employee described in paragraph (1) of this subsection shall allow the covered employee to receive tips and retain all tips received.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 16 - Secure Maryland Wage Act › Section 3-1605 - Duties of Commissioner -- Provided to Employer on Request -- Posted by Employer in Place of Employment

(a)    The Commissioner:
(1)    shall create and make available a summary of this subtitle; and
(2)    may create and make available a summary of regulations adopted under this subtitle.
(b)    On request of an employer, the Commissioner shall provide without charge:
(1)    a copy of this subtitle;
(2)    a summary of this subtitle;
(3)    a copy of regulations adopted under this subtitle; and
(4)    if the Commissioner has developed a summary of regulations adopted under this subtitle, a summary of the regulations.
(c)    Each employer shall keep posted conspicuously in each place of employment:
(1)    a summary of this subtitle that the Commissioner has provided to the employer; and
(2)    a copy or summary of regulations adopted under this subtitle.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 16 - Secure Maryland Wage Act › Section 3-1606 - Records Kept by Employers

Each employer shall keep, for at least 3 years, in or about the place of employment, a record of:
(1)    the name, address, and occupation of each employee;
(2)    the rate of pay of each employee;
(3)    the amount that is paid each pay period to each employee;
(4)    the hours that each employee works each day and workweek; and
(5)    other information that the Commissioner requires, by regulation, as reasonable to enforce this subtitle.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 16 - Secure Maryland Wage Act › Section 3-1607 - Commissioner Authority to Enter Places of Employment -- Information Confidential

(a)    The Commissioner shall enter a place of employment to:
(1)    question employees to determine whether an employer has been and is complying with this subtitle and regulations adopted to carry out this subtitle;
(2)    inspect and copy each record that an employer keeps on wages and hours of employees; and
(3)    require each employer to:
(i)    attest to the truthfulness of each record that is copied and to sign the copy; or
(ii)    at the option of the employer, submit a complete written statement about the wages, hours, name, and address of each employee, on forms that the Commissioner provides or approves.
(b)    Each record or statement that the Commissioner or an authorized representative of the Commissioner obtains under subsection (a) of this section is confidential and may be shown only to the Commissioner or a court.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 16 - Secure Maryland Wage Act › Section 3-1608 - Judicial Review of Commissioner Actions -- Actions Not Stayed -- Court Determinations

(a)    (1)    A person aggrieved by a regulation adopted by or an order to pay wages issued by the Commissioner under this subtitle may file a complaint in circuit court within 60 days after the date of publication of the regulation or order to pay wages to have it modified or set aside.
(2)    A copy of the complaint shall be served on the Commissioner.
(b)    Unless the court specifically orders otherwise, the commencement of proceedings under this section may not operate as a stay of the regulation or order to pay wages.
(c)    (1)    The court shall determine whether a regulation or order to pay wages is in accordance with law.
(2)    If a finding of fact is supported by substantial evidence, the finding is conclusive.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 16 - Secure Maryland Wage Act › Section 3-1609 - Actions Brought by Covered Employee Against Employer -- Written Requests by Employee -- Agreement by Employee Not Defense -- Award to Covered Employee

(a)    If an employer pays a covered employee less than the wage required under this subtitle, the covered employee may bring an action against the employer to recover:
(1)    the difference between the wage paid to the covered employee and the wage required under this subtitle;
(2)    an additional amount equal to the difference between the wage paid to the covered employee and the wage required under this subtitle as liquidated damages; and
(3)    counsel fees and other costs.
(b)    On the written request of a covered employee who is entitled to bring an action under this section, the Commissioner may:
(1)    take an assignment of the claim in trust for the covered employee;
(2)    ask the Attorney General to bring an action in accordance with this section on behalf of the covered employee; and
(3)    consolidate two or more claims against an employer.
(c)    The agreement of a covered employee to work for less than the wage to which the covered employee is entitled under this subtitle is not a defense to an action under this section.
(d)    (1)    If a court determines that a covered employee is entitled to recovery in an action under this section, the court shall award to the covered employee:
(i)    the difference between the wage paid to the covered employee and the wage required under this subtitle;
(ii)    except as provided in paragraph (2) of this subsection, an additional amount equal to the difference between the wage paid to the covered employee and the wage required under this subtitle as liquidated damages; and
(iii)    reasonable counsel fees and other costs.
(2)    If an employer shows to the satisfaction of the court that the employer acted in good faith and reasonably believed that the wages paid to the covered employee were not less than the wage required under this subtitle, the court shall:
(i)    determine that liquidated damages should not be awarded; or
(ii)    award, as liquidated damages, any amount less than the amount specified in paragraph (1)(ii) of this subsection.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 16 - Secure Maryland Wage Act › Section 3-1610 - Complaint by Covered Employee -- Restrictions on Employer and Covered Employee -- Violation a Misdemeanor -- Limitation on Conviction of Employer

(a)    In this section, “complaint” includes a written or oral complaint, claim, or assertion of right by a covered employee regarding the payment of wages under this subtitle that is made to:
(1)    the employer or a supervisor, manager, or foreman employed by the employer whether it is made through the employer’s internal grievance process or otherwise; or
(2)    the Commissioner or an authorized representative of the Commissioner.
(b)    (1)    An employer may not:
(i)    pay or agree to pay less than the wage required under this subtitle;
(ii)    hinder or delay the Commissioner or an authorized representative of the Commissioner in the enforcement of this subtitle;
(iii)    take adverse action against a covered employee because the covered employee:
1.    makes a complaint that the covered employee has not been paid in accordance with this subtitle;
2.    brings an action under this subtitle or a proceeding that relates to the subject of this subtitle; or
3.    has testified in an action under this subtitle or a proceeding related to the subject of this subtitle; or
(iv)    violate any other provision of this subtitle.
(2)    Adverse action prohibited under paragraph (1) of this subsection includes:
(i)    discharge;
(ii)    demotion;
(iii)    threatening the covered employee with discharge or demotion; and
(iv)    any other retaliatory action that results in a change to the terms or conditions of employment that would dissuade a reasonable covered employee from making a complaint, bringing an action, or testifying in an action under this subtitle.
(c)    A covered employee may not:
(1)    make a groundless or malicious complaint to the Commissioner or an authorized representative of the Commissioner;
(2)    in bad faith, bring an action under this subtitle or a proceeding related to the subject of this subtitle; or
(3)    in bad faith, testify in an action under this subtitle or a proceeding related to the subject of this subtitle.
(d)    A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
(e)    An employer may not be convicted under this section unless the evidence demonstrates that the employer had knowledge of the relevant complaint, testimony, or action for which the prosecution for retaliation is sought.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 17 - Maryland Essential Workers' Protection Act › Section 3-1701 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Emergency” means a catastrophic health emergency, as defined under § 14–3A–01 of the Public Safety Article, that is the subject of an executive proclamation under § 14–3A–02 of the Public Safety Article and is related to a communicable disease.
(c)    (1)    “Essential employer” means a person that employs an essential worker.
(2)    “Essential employer” includes a unit of State or local government.
(d)    “Essential worker” means an individual who:
(1)    performs a duty or work responsibility during an emergency that cannot be performed remotely or is required to be completed at the work site; and
(2)    provides services that the essential employer determines to be essential or critical to its operations.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 17 - Maryland Essential Workers' Protection Act › Section 3-1703 - Actions by Essential Employers During Emergency

During an emergency, each essential employer shall:
(1)    provide working conditions that comply with applicable safety standards adopted by a federal or State agency;
(2)    subject to availability, provide necessary amounts of safety equipment recommended for usage during the emergency at no cost to essential workers;
(3)    adopt, maintain, and post written protocols to ensure an essential worker’s access to information regarding the applicable safety standards in effect during the emergency; and
(4)    provide or implement any other measures or requirements set by the Governor or a federal or State agency to ensure the general health and safety of essential workers.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 17 - Maryland Essential Workers' Protection Act › Section 3-1705 - Proactive Steps by Essential Employer if Worker Contracts Communicable Disease -- Employer to Pay Cost of Testing -- Reporting of Positive Test Results

(a)    During an emergency, if an essential worker or any other worker has contracted the communicable disease that is the subject of the emergency at a work site, the essential employer shall take proactive steps to minimize the risk of transmission, including informing essential workers that they may have been exposed.
(b)    (1)    Except as provided in paragraph (2) of this subsection, if an essential worker’s health insurance coverage or other benefits do not cover the cost of testing for the communicable disease that is the subject of the emergency, during an emergency, the essential employer shall pay for testing for the communicable disease.
(2)    An essential employer is not subject to the requirement under paragraph (1) of this subsection if an essential worker is able to obtain testing free of charge.
(c)    (1)    Subject to paragraph (2) of this subsection, each essential employer shall report all positive test results to the Maryland Department of Health.
(2)    When reporting to the Maryland Department of Health, the essential employer shall:
(i)    include demographic information about the essential worker; and
(ii)    redact any personal identifying information to protect the identity of the essential worker.
(d)    The Maryland Department of Health shall collect positive test results, categorize the results by industry, and publish the results in a format that is readily accessible to the general public.
(e)    The Commissioner shall adopt regulations as necessary to carry out this section.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 17 - Maryland Essential Workers' Protection Act › Section 3-1708 - Actions by Employee if Employer Allegedly Violates Subtitle -- Written Complaint

(a)    If an essential worker believes that an essential employer has violated § 3–1704 of this subtitle:
(1)    the essential worker may seek enforcement of rights under § 5–604 of this article; and
(2)    the Commissioner shall respond in accordance with the enforcement provisions under Title 5 of this article.
(b)    (1)    If an essential worker believes that an essential employer has violated § 3–1706 of this subtitle, the essential worker may file a written complaint with the Commissioner.
(2)    Within 90 days after the receipt of a written complaint, the Commissioner shall conduct an investigation and attempt to resolve the issue informally through mediation.
(3)    (i)    If the Commissioner is unable to resolve an issue through mediation during the period stated in paragraph (2) of this subsection and the Commissioner determines that an essential employer has violated this subtitle, the Commissioner shall issue an order.
(ii)    An order issued under subparagraph (i) of this paragraph:
1.    shall describe the violation;
2.    shall direct the payment of the full monetary value of any unpaid public health emergency leave and any actual economic damages;
3.    may, in the Commissioner’s discretion, direct the payment of an additional amount of up to three times the value of the essential worker’s hourly wage for each violation; and
4.    may, in the Commissioner’s discretion, assess a civil penalty of up to $1,000 for each essential worker for whom the employer is not in compliance with this subtitle.
(4)    The actions taken under paragraphs (2) and (3) of this subsection are subject to the hearing and notice requirements of Title 10, Subtitle 2 of the State Government Article.
(5)    Within 30 days after the Commissioner issues an order, an employer shall comply with the order.
(c)    If an essential worker believes that an essential employer has violated any other provision of this subtitle:
(1)    the essential worker may file a written complaint with the Commissioner; and
(2)    the Commissioner shall respond in accordance with the enforcement provisions under Title 5 of this article.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 1 - Mediation or Arbitration of Labor Dispute › Section 4-101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Board” means a board of arbitration formed under this subtitle to settle a labor dispute.
(c)    “Commissioner” means the Commissioner of Labor and Industry.
(d)    “Mediation Service” means the State Mediation and Conciliation Service.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 1 - Mediation or Arbitration of Labor Dispute › Section 4-102 - Scope of Subtitle

(a)    This subtitle does not preclude or otherwise affect any agreement for arbitration of a dispute in a manner different from that for which this subtitle provides, whether the agreement is made by the disputants directly or through persons who have written authorization to do so.
(b)    This subtitle does not affect any provision of the Maryland Uniform Arbitration Act.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 1 - Mediation or Arbitration of Labor Dispute › Section 4-103 - Administration of Subtitle

(a)    Under the supervision of the Commissioner, the Mediation Service shall carry out this subtitle.
(b)    The Commissioner may assign staff to help the Chief Mediator to carry out this subtitle.
(c)    The Commissioner may charge a fee to cover the cost of providing services requested under this subtitle.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 1 - Mediation or Arbitration of Labor Dispute › Section 4-104 - General Duties of Mediation Service

To the extent possible, the Mediation Service shall:
(1)    promote voluntary mediation or arbitration of disputes between employers and employees; and
(2)    discourage resort to a legal proceeding or to a blacklist, boycott, discrimination, or lockout in or arising out of a dispute between employers and employees.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 1 - Mediation or Arbitration of Labor Dispute › Section 4-105 - Formation of Board of Arbitration

(a)    Subject to the approval of the Governor, the Mediation Service may:
(1)    appoint a board of arbitration to settle a dispute; and
(2)    provide:
(i)    as the Mediation Service considers proper, for compensation of up to $5 for each day that a member of a board is engaged in its duties; and
(ii)    for other necessary expenses of a board.
(b)    The Chief Mediator may serve on a board.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 1 - Mediation or Arbitration of Labor Dispute › Section 4-106 - General Powers of Mediation Service and Boards

(a)    To the same extent as a court of the State in a civil case, the Mediation Service or a board may:
(1)    conduct an investigation;
(2)    hold hearings;
(3)    administer oaths; and
(4)    issue a subpoena for the attendance of a witness to testify or the production of books, papers, and other documents.
(b)    (1)    If a person fails to comply with a subpoena issued under this section, on petition of the Mediation Service or board, a circuit court may compel compliance with the subpoena.
(2)    A board shall petition the circuit court for the county where the board is meeting.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 1 - Mediation or Arbitration of Labor Dispute › Section 4-107 - Information

(a)    Documents and testimony obtained under this subtitle shall be kept in the offices of the Mediation Service.
(b)    Information that the Commissioner, the Mediation Service, or a member of a board obtains under this subtitle is confidential, if the information:
(1)    is of a personal nature;
(2)    relates to the private business of a person; or
(3)    may disclose the profits or methods for doing business of a person.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 1 - Mediation or Arbitration of Labor Dispute › Section 4-108 - Action on Information About Certain Disputes

(a)    This section applies to a dispute only if the employer involved in the dispute has at least 10 employees.
(b)    Whenever a disputant or other reliable source informs the Mediation Service that a dispute might result in a lockout or strike, the Mediation Service:
(1)    may investigate and try to mediate the dispute; and
(2)    if the Mediation Service is unable to mediate, may try to obtain the consent of the disputants for formation of a board.
(c)    (1)    Whenever the Mediation Service is unable to mediate a dispute and a disputant refuses consent for formation of a board or for arbitration by the Chief Mediator, the Mediation Service shall investigate thoroughly the cause of the dispute.
(2)    In an investigation under this subsection, the Mediation Service may depose a disputant.
(3)    After an investigation under this subsection, the Mediation Service:
(i)    shall decide which disputant is mainly responsible or blameworthy for continuance of the dispute; and
(ii)    over the official signature of the Commissioner or Chief Mediator, shall publish in a daily newspaper a report that assigns responsibility or blame for the continuance of the dispute.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 1 - Mediation or Arbitration of Labor Dispute › Section 4-109 - Determination of Dispute

(a)    The Mediation Service or a board shall make and publish findings about a dispute for settlement of the dispute.
(b)    A determination and award of a board is final and binds the disputants.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 1 - Mediation or Arbitration of Labor Dispute › Section 4-110 - Designation as Bargaining Representative

Within 5 days after the National Labor Relations Board or other public or private unit certifies or recognizes a bargaining representative, the bargaining representative shall submit to the Mediation Service a report that contains:
(1)    notice of the certification or recognition;
(2)    the name and address of the employer;
(3)    the total number of employees in the business establishment;
(4)    the total number of employees in the bargaining unit; and
(5)    if known, the date on which negotiations to establish a collective bargaining agreement are to begin.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 1 - Mediation or Arbitration of Labor Dispute › Section 4-111 - Collective Bargaining Agreements

On or before January 10 of each year, each bargaining representative shall submit to the Mediation Service a report that states, for each collective bargaining agreement that is to terminate during the year:
(1)    the name and address of the employer;
(2)    the total number of employees in the business establishment;
(3)    the total number of employees in the bargaining unit; and
(4)    the date on which the collective bargaining agreement terminates.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 2 - Choice of Bargaining Representative › Part I - Definitions; General Provisions › Section 4-201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Commissioner” means the Commissioner of Labor and Industry.
(c)    “Consent election” means an election that is conducted under a consent election agreement and in accordance with Part II of this subtitle to determine a bargaining representative.
(d)    “Mediation Service” means the State Mediation and Conciliation Service.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 2 - Choice of Bargaining Representative › Part I - Definitions; General Provisions › Section 4-202 - Administration of Subtitle

(a)    Under the supervision of the Commissioner, the Mediation Service shall carry out this subtitle.
(b)    The Commissioner may assign staff to help the Chief Mediator to carry out this subtitle.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 2 - Choice of Bargaining Representative › Part I - Definitions; General Provisions › Section 4-203 - Regulations

To the extent practicable, procedural regulations that the Commissioner adopts to carry out Parts I through III of this subtitle shall conform to the procedural regulations of the National Labor Relations Board for the conduct of consent elections, intervention, and decertification.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 2 - Choice of Bargaining Representative › Part II - Consent Elections › Section 4-206 - Definitions

(a)    In this Part II of this subtitle the following words have the meanings indicated.
(b)    “Challenged ballot” means the ballot of an individual whose eligibility to vote in a consent election is challenged.
(c)    “Petition” means a petition for permission to enter into an agreement under which the Mediation Service will conduct a consent election.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 2 - Choice of Bargaining Representative › Part II - Consent Elections › Section 4-207 - Petition for Consent Election

(a)    A labor organization or individual that purports to represent a substantial number of employees whom a petition affects and an employer may submit to the Mediation Service a petition for permission to enter into a consent election agreement leading to a determination by the Mediation Service of the facts ascertained after the consent election.
(b)    A petition shall be in the form that the Mediation Service requires.
(c)    (1)    Whenever a petition is submitted in accordance with subsections (a) and (b) of this section, the Mediation Service shall set a period during which a labor organization may submit an objection to the petition.
(2)    The Mediation Service shall set a period that:
(i)    is sufficient to inform interested persons about the nature and purpose of the petition; and
(ii)    does not expire until at least 1 week after the date on which the Mediation Service causes notice of the petition to be posted.
(d)    (1)    The Mediation Service shall cause notice of a petition to be posted, at each place of employment that the petition affects, for the period set under subsection (c) of this section.
(2)    The notice shall state that a labor organization may object to the petition within the period set under subsection (c) of this section.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 2 - Choice of Bargaining Representative › Part II - Consent Elections › Section 4-208 - Disposition of Petition

(a)    Unless the Mediation Service receives a timely objection to a petition, the Mediation Service shall approve the petition to enter into a consent election agreement.
(b)    (1)    The Mediation Service shall investigate each timely objection to a petition from a labor organization that purports to represent a substantial number of employees whom the petition affects.
(2)    If, after the investigation, the Mediation Service determines that the labor organization seems to represent a substantial number of employees whom the petition affects, the Mediation Service shall place the name of the labor organization on the official ballot to be used in the consent election.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 2 - Choice of Bargaining Representative › Part II - Consent Elections › Section 4-209 - Agreement for Consent Election

Each consent election agreement shall describe:
(1)    the appropriate bargaining unit for the consent election;
(2)    the payroll period to be used to determine the employees within the appropriate bargaining unit who are eligible to vote; and
(3)    the date, time, and place of the consent election.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 2 - Choice of Bargaining Representative › Part II - Consent Elections › Section 4-210 - Procedure for Consent Election

(a)    The Mediation Service shall conduct each consent election by secret ballot.
(b)    (1)    If at least two labor organizations are to be on the ballot for a consent election, a labor organization promptly may ask the Mediation Service to allow its name to be removed from the ballot.
(2)    A decision of the Mediation Service under this subsection is final.
(c)    Subject to any limitation that the Mediation Service sets, each party to a consent election may designate one or more observers to represent the party during the consent election.
(d)    (1)    For good cause, a party to a consent election or the Mediation Service may challenge the eligibility of an individual to vote in the consent election.
(2)    The Mediation Service shall impound each challenged ballot.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 2 - Choice of Bargaining Representative › Part II - Consent Elections › Section 4-212 - Challenged Ballots

The Mediation Service:
(1)    shall determine whether the number of challenged ballots is sufficient to affect the result of the consent election; and
(2)    if the number is sufficient, shall investigate the eligibility of each individual whose ballot was challenged.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 2 - Choice of Bargaining Representative › Part II - Consent Elections › Section 4-213 - Objection to Consent Election

(a)    (1)    Within 5 days after the Mediation Service provides the tally of ballots for a consent election, a party to the consent election may object to:
(i)    the conduct of the consent election; or
(ii)    other conduct affecting the result of the consent election.
(2)    A party shall object in a timely manner, even if the number of challenged ballots is not sufficient to affect the result of the consent election.
(b)    An objection under this section shall:
(1)    be in writing; and
(2)    state concisely each reason for the objection.
(c)    Each party who makes an objection shall:
(1)    submit to the Mediation Service:
(i)    4 copies of the objection; and
(ii)    proof of service under item (2) of this subsection; and
(2)    serve immediately a copy of the objection on each other party.
(d)    The Mediation Service shall investigate each objection submitted in accordance with this section.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 2 - Choice of Bargaining Representative › Part II - Consent Elections › Section 4-214 - Report on Investigations

After investigation of a consent election under § 4-212 or § 4-213 of this subtitle, the Mediation Service shall:
(1)    prepare a report, including any recommendation, on the investigation; and
(2)    serve the report on each party to the consent election.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 2 - Choice of Bargaining Representative › Part II - Consent Elections › Section 4-215 - Exception to Report

(a)    Within 10 days after the Mediation Service issues a report on a challenged ballot or objection under § 4-214 of this subtitle, a party to the consent election may make an exception to the report.
(b)    Each party who makes an exception shall:
(1)    submit to the Mediation Service:
(i)    4 copies of the exception; and
(ii)    proof of service under item (2) of this subsection; and
(2)    serve immediately a copy of the exception on each other party.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 2 - Choice of Bargaining Representative › Part II - Consent Elections › Section 4-216 - Consideration of Exception

(a)    Whenever the Mediation Service receives a timely exception to a report on a challenged ballot or an objection, the Mediation Service shall determine whether the exception raises a substantial and material issue with respect to the conduct or result of the consent election.
(b)    (1)    If the Mediation Service determines that an exception raises a substantial and material issue, the Mediation Service may hold a hearing on the exception.
(2)    The Mediation Service shall serve notice of the hearing on each party.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 2 - Choice of Bargaining Representative › Part II - Consent Elections › Section 4-217 - Certification or Other Disposition

(a)    (1)    Unless a run-off election is to be held or an investigation is to be made under § 4-212 or § 4-213 of this subtitle, immediately after the period for filing an objection has passed, the Mediation Service shall certify to each party to a consent election the result of the consent election.
(2)    If a labor organization wins a consent election, the certification of the result of the consent election shall include a certification of the organization as bargaining representative.
(3)    The rulings and determinations of the Mediation Service under this subsection are final.
(b)    Unless the Mediation Service certifies the result in accordance with subsection (a) of this section or receives a timely exception under § 4-215 of this subtitle that, the Mediation Service determines, raises a substantial and material issue with respect to the conduct or result of a consent election, the Mediation Service immediately shall:
(1)    decide the matter on the record; or
(2)    dispose otherwise of the case.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 2 - Choice of Bargaining Representative › Part III - Decertification › Section 4-220 - Decertification

(a)    An employee, an employer, or a labor organization may submit to the Mediation Service a petition for decertification of an organization that:
(1)    the Mediation Service has certified as a bargaining representative after a consent election; or
(2)    an employer currently recognizes as the bargaining representative without a consent election.
(b)    A petition for decertification of an organization as bargaining representative for a bargaining unit:
(1)    shall be supported by at least 30% of the employees in the bargaining unit; and
(2)    may not be submitted within 1 year after certification of the bargaining representative as a result of a consent election.
(c)    (1)    The Mediation Service shall investigate each petition submitted in accordance with this section to determine whether there is reasonable doubt that the bargaining representative in fact represents a majority of the employees in the bargaining unit.
(2)    If, after the investigation, the Mediation Service determines that there is reasonable doubt, the Mediation Service shall order an election to resolve the issue.