Mandatory, Permissive, and Illegal Subjects of Bargaining

Bargaining in Public School Labor Relations 1

Educ. § 6-510(c)(1)(i) states:   “On request, a public school employer . . . shall meet and negotiate with . . . representatives of the employee organization that is designated as the exclusive negotiating agent for the public school employees in a unit of the county on all matters.”

Mandatory Subjects of Bargaining

Permissive or Voluntary Subjects of Bargaining

Illegal Subjects of Bargaining

Must negotiate matters that directly impact salaries, wages, hours, and working conditions, and any other statutory provision.

May negotiate if both the employer and employees agree to discuss them.

Cannot be negotiated because they conflict with state or federal law or public policy.

Salaries 

Technology in Classrooms

Certification and Licensure Requirements

Wages 

Professional Development Opportunities

Educational Policies (e.g. curriculum, assessment)

Benefits 

Health and Safety Protocols 

Management Rights (e.g., hiring, promotion, transfer, assignment, termination, and suspension of employees)

Working Conditions (e.g., leave, work hours, work year & planning time) 

Teacher Evaluation Procedures 

Budget Allocation

Items stipulated by Blueprint (e.g., $60K starting salary, Career Ladder, MOC)

Tuition Reimbursement

Class Size

Just Cause (support personnel only)

Reduction in Force

School Calendar

Procedures for Employee Transfers and Reassignment (but cannot interfere with the outcome of a decision) 

Leave of Absence (e.g., non-medical parental, sabbatical, discretionary, etc.)

Classification and Work Calendar

Unit Membership (which positions are in a bargaining unit but final the decision rests with management) 

Association Rights and Privileges

Anything else statutorily within the exclusive authority of the Board or Superintendent

Negotiating mandatory subjects in good faith does not mean that the Board and Association must reach agreement on all matters.  In some situations, the parties simply agree or disagree on certain proposals that are discarded or modified as negotiations proceed toward a final written agreement.  In other instances, the parties are unable to reach agreement, and an impasse is reached.  

1 Collective bargaining in public school labor relations is governed by two parallel statutes – one for certificated employees such as teachers and other professionals (Md. Code Ann, Educ. § 6-408), the other for non certificated employees (Md. Code Ann., Educ. § 6-510).   

2 In Maryland, class size is currently an illegal subject of bargaining. This means that educators and unions are not allowed to negotiate on the issue of class size during collective bargaining discussions. Maryland is one of only nine states where this restriction exists. The rationale behind making class size an illegal bargaining topic stems from concerns about limiting local flexibility and control over class sizes in public schools.