Maryland state employees are rallying behind a bill that would provide binding arbitration when unions and employers bargain. Current Maryland law prohibits state workers from striking if their contract negotiations reach an impasse. A neutral party could make recommendations, but with no legal authority. House Bill 159 would change that, allowing a neutral arbitrator to step in, with legally binding recommendations. Patrick Moran, with AFSCME Council 3 – which represents 30-thousand state employees – says the bill would create a process that gives equal weight to unions and management.
"We want a process that’s fair. And what I mean by that is, if we can’t come to an agreement, then an arbitrator will get us both at the table and look at the evidence, and say, ‘This side is asking for this. The other side is asking for that, and I think I can split the decision down the middle.'"
Opponents of the bill have said binding arbitration doesn’t incentivize unions or management to compromise – an act they view as a vital pillar of union negotiations.
The legislation has been filed each year since 2022, but had never passed in either the House of Delegates or Senate until this session. Now, all eyes are on the Senate. Moran says the need for an arbitrator depends on management’s buy-in to the bargaining process.
"We didn’t have an impasse procedure, so we were stuck with whatever the employer at the end, if we couldn’t come to an agreement, decided we should take. That’s not true bargaining. When we’re dealing with rational people across the table, it’s easier to come to a mutual conclusion."
If passed, the legislation would go before the Maryland voters as a ballot question.