2013 Maryland Code
FAMILY LAW
§ 5-595 - Definitions

§5-595.

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

(b) “Family child care provider” means an individual who participates in the Maryland Child Care Subsidy Program who is:

(1) a registered provider as defined in § 5-550(d) of this subtitle; or

(2) exempt from the registration requirements under § 5-552(b) of this subtitle.

(c) “Provider organization” means an organization that:

(1) includes family child care providers; and

(2) has as one of its purposes the representation of family child care providers in their relations with the State.

§ 5-595 - 1. Legislative intent

In according family child care providers and their representatives rights under this Part XI of this subtitle, it is the legislative intent of the General Assembly that the State action exemption to the application of federal and State antitrust laws be fully available to the extent that the activities of the family child care providers and their representatives are authorized under this title.

§ 5-595 - 2. Bargaining unit

(a) Unit limit. -- There shall be only one appropriate bargaining unit of family child care providers in the State.

(b) Designation of exclusive representative. -- Family child care providers may designate, in accordance with the provisions of this Part XI of this subtitle, which provider organization, if any, shall be the exclusive representative of all family child care providers in the State.

(c) Election and certification. --

(1) The election and certification of the exclusive representative of family child care providers shall be governed by the procedures set forth in Title 3, Subtitle 4 of the State Personnel and Pensions Article.

(2) All elections shall be conducted by the State Labor Relations Board and subject to the requirements and limitations of Title 3, Subtitle 4 of the State Personnel and Pensions Article.

(3) The State Labor Relations Board may not conduct an election for an exclusive representative if an election or certification of an exclusive representative has taken place within the preceding 2 years.

(4) A provider organization designated as the exclusive representative shall represent all family child care providers in the State fairly and without discrimination, whether or not the family child care providers are members of the provider organization.

§ 5-595 - 3. Collective bargaining

(a) Designation of appropriate representatives. -- The State Department of Education shall designate appropriate representatives to participate in collective bargaining with the provider organization certified as the exclusive representative of family child care providers.

(b) Bargaining process. -- Except as otherwise provided in this Part XI of this subtitle, the parties shall adhere to the bargaining process set forth in § 3-501 of the State Personnel and Pensions Article.

(c) Consultation in matters regarding appropriation of State funds. -- The State Department of Education shall negotiate in consultation with the Department of Budget and Management regarding all matters that require appropriation of State funds.

(d) Matters for collective bargaining. -- Collective bargaining shall include all matters related to the terms and conditions of participation by family child care providers in the Maryland Child Care Subsidy Program, including:

(1) reimbursement rates;

(2) benefits;

(3) payment procedures;

(4) contract grievance procedures;

(5) training;

(6) member dues deductions; and

(7) other terms and conditions of participation by family child care providers in the Maryland Child Care Subsidy Program.

(e) Service fees. --

(1) (i) Subject to subparagraph (ii) of this paragraph, collective bargaining may include negotiations relating to the right of a provider organization that is the exclusive representative to receive service fees from nonmembers.

(ii) The representatives of the State may not reach an agreement containing a service fee provision unless the representatives of the State conclude that the agreement as a whole will not adversely impact nonmember providers.

(2) A family child care provider whose religious beliefs are opposed to joining or financially supporting any collective bargaining organization is:

(i) not required to pay a service fee; and

(ii) required to pay an amount of money as determined in collective bargaining negotiations, not to exceed any service fee negotiated under paragraph (1) of this subsection, to any charitable organization exempt from taxation under § 501(c)(3) of the Internal Revenue Code and to furnish to the State Department of Education and the exclusive representative written proof of the payment.

(f) Fund. --

(1) Collective bargaining shall include negotiations that result in the establishment of a fund for the purpose of protecting family child care providers against extreme hardship or loss of livelihood resulting from late State payments.

(2) The exclusive representative shall pay for a portion of the fund.

(3) The fund:

(i) may not be a State fund; but

(ii) shall be established and administered in consultation with the State.

(4) All revenues, money, and assets of the fund belong solely to the fund and are held by the fund in trust for family child care providers.

(5) The State may not borrow, appropriate, or direct payments from the revenues, money, or assets of the fund for any purpose.

(6) The fund shall include funds sufficient to meet the reasonably foreseeable needs of the family child care providers.

(g) Additional matters for negotiation. -- Notwithstanding subsection (d) of this section, the representatives of the State:

(1) may not be required to negotiate any matter that is inconsistent with applicable law; and

(2) may negotiate and reach agreement with regard to any such matter only if it is understood that the agreement with respect to such matter cannot become effective unless the applicable law is amended by the General Assembly.

(h) Memorandum of Understanding. -- The parties shall reduce their agreement to a Memorandum of Understanding that complies with the provisions of § 3-601 of the State Personnel and Pensions Article.

§ 5-595 - 4. Communication with State officials on matters of interest

The certification of an exclusive representative of family child care providers by the State Department of Education does not prevent the certified provider organization or any other organization or individual from communicating with any State official on matters of interest, including appearing before or making proposals to the State Department of Education at a public meeting or hearing or at any other forum of the State Department of Education.

§ 5-595 - 5. Strikes prohibited

(a) By provider organization. -- A provider organization may not call or direct a strike or other collective cessation of the delivery of services.

(b) By family care providers. -- This Part XI of this subtitle may not be construed to grant any right, or imply that family child care providers have any right, to engage in a strike or other collective cessation of the delivery of services.

§ 5-595 - 6. Construction of Part XI

(a) Family child care providers not employees of State. -- This Part XI of this subtitle may not be construed to make family child care providers employees of the State.

(b) Provisions do not affect role of parents in selecting child care providers. -- This Part XI of this subtitle may not alter in any way the role of parents in selecting, directing, and terminating the services of family child care providers.