1. (a)

   1. (1) This subtitle shall be construed liberally to ensure that all private employees in the State can effectively exercise the fundamental right to full freedom of association, self-organization, and designation of representatives of their own choosing, free from retaliation or intimidation by their employers.

   2. (2) Private employees in the State have the right:

      1. (i) to engage in collective action and to organize, form, join, or assist employee organizations; and
      2. (ii) when private employees choose to do so collectively through selected or designated bargaining representatives, to engage in effective and expeditious collective bargaining that results in a collective bargaining agreement addressing the private employees' terms and conditions of employment.
   3. (3) The State or a political subdivision of the State may not, directly or indirectly, deny, burden, or abridge the rights described under paragraph (2) of this subsection unless necessary to serve a compelling State interest achieved by the least restrictive means.

2. (b) A private employee may petition the Board to protect and enforce the rights described in subsection (a)(2) of this section if:

   1. (1) the private employee:

      1. (i) is employed in a position that loses coverage under the Federal Act because the Federal Act is entirely repealed or rendered entirely null and void; and
      2. (ii) is not covered under the federal Railway Labor Act; or
   2. (2) the NLRB has expressly ceded jurisdiction to the states.

3. (c)

   1. (1) A private employee may petition the Board under this section to:

      1. (i) process any representation petition previously filed with the NLRB;
      2. (ii) subject to paragraph (2) of this subsection, promptly certify an employee organization as an exclusive representative in accordance with subsection (e)(1)(ii)1 of this section; or
      3. (iii) decide an unfair labor practice case arising under the Federal Act.
   2. (2) Any existing terms and conditions of employment negotiated between a certified exclusive representative and an employer shall remain in full force and effect during the bargaining following certification.

4. (d)

   1. (1) To pursue relief from the Board under this section, a private employee or the private employee's representative shall file with the Board:

      1. (i) the charging party's name, address, e-mail address, and telephone number;
      2. (ii) the respondent's name, address, e-mail address, and telephone number;
      3. (iii) where applicable, the original charge or petition filed with the NLRB along with all supporting documentation and evidence that was submitted to the NLRB; and
      4. (iv) all correspondence, communications, or other covered materials received by the charging party, or otherwise in the charging party's possession, from the NLRB regarding the original charge or petition filed with the NLRB.
   2. (2) The documentation and evidence filed with the Board under paragraph (1) of this subsection may not be served on the respondent.
   3. (3) The supporting documentation and evidence submitted to the Board under paragraph (1) of this subsection shall be maintained confidentially as part of the Board's investigatory file and is not subject to public inspection under the Public Information Act.

5. (e)

   1. (1) To carry out this section, the Board may:

      1. (i) conduct elections to determine whether a majority of private employees in an appropriate bargaining unit have selected an exclusive representative for purposes of collective bargaining;

      2. (ii) subject to paragraph (2) of this subsection:

         1. 1. promptly certify an exclusive bargaining representative by determining whether a majority of private employees in an appropriate bargaining unit have selected an exclusive representative for purposes of collective bargaining; and
         2. 2. order that an employer bargain with that exclusive bargaining representative;
      3. (iii) order that an employer bargain with an exclusive bargaining representative and otherwise decide unfair labor practices;

      4. (iv) order that an employer submit to binding arbitration to assist the parties in finalizing negotiations for a collective bargaining agreement if:

         1. 1. the NLRB or the Board has certified an exclusive bargaining representative; or
         2. 2. an employer has voluntarily recognized the exclusive bargaining representative of a group of private employees and more than 6 months have passed without the parties agreeing on and executing a collective bargaining agreement;
      5. (v) order any appropriate remedy, including injunctive relief and civil penalties under § 22-2A-04(a) of this subtitle, necessary to effectuate this section, including if an employer refuses to comply with an order under this section; or
      6. (vi) otherwise decide allegations of unfair labor practices.

   2. (2)

      1. (i) Selection of an exclusive representative for purposes of paragraph (1)(ii)1 of this subsection may be demonstrated through:

         1. 1. a previous certification by another state or federal agency;
         2. 2. an election;
         3. 3. a written designation; or
         4. 4. another process recognized by the Board or the NLRB at the time the selection is made.
      2. (ii) A pending objection or voter eligibility challenge in an election previously pending with the NLRB may be resolved by the Board in the exercise of authority under paragraph (1)(ii) of this subsection.

6. (f) To resolve a matter brought before the Board under this section, the Board:

   1. (1) may rely on its own prior decisions or precedent under the Federal Act; and
   2. (2) shall exercise the authority under item (1) of this subsection in a manner that most expansively effectuates the rights established under this section.

<Section effective upon occurrence of contingency specified in Acts 2026, c. 167, § 3.>

Added by Acts 2026, c. 167, § 2, eff..

<Subtitle effective upon occurrence of contingency specified in Acts 2026, c. 167, § 3.>