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IN THE COURT OF APPEALS OF MARYLAND No.11 September Term, 1997 __________________________________________

CHAMPE C. McCULLOCH et al.

v.

PARRIS N. GLENDENING et al.

__________________________________________

Bell, C. J. Eldridge Rodowsky Chasanow Raker Wilner Karwacki, Robert L. (retired, specially assigned) JJ. __________________________________________ Opinion by Bell, C.J. __________________________________________ Filed: October 10, 1997

The issue this case presents is whether the Constitution and laws of Maryland authorize the Governor, as the Chief Executive of the State of Maryland, to address by the subject executive order labor-management relations in the Executive Branch by means of a system of collective bargaining. that they do. It is well settled that not all collective bargaining agreements to which the State or a governmental agency is a party require prior express legislative approval; it is only those that contain a binding arbitration clause or are otherwise binding upon and enforceable against the State. See Anne Arundel Co. v. Fraternal Order of Anne Arundel Detention Officers, 313 Md. 98, 113-14, 543 A.2d 841, 848-49 (1988); Office and Prof. Empl. Int'l Union Local 2 v. Mass Transit Admin. ("MTA"), 295 Md. 88, 97, 453 A.2d 1191, 1195 (1982); Maryland Classified Empl. Ass'n v. Anderson ("MCEA"), 281 Md. 496, 508-513, 380 A.2d 1032, 1038-41 (1977); Mugford v. City of Baltimore, 195 Md. 266, 270-71, 44 A.2d 745, 747 (1945). In MTA, the principle was stated thusly: absent express legislative authority, a government agency cannot enter into binding arbitration or binding collective bargaining agreements establishing wages, hours, pension rights, or working conditions for public employees. 295 Md. at 97, 453 A.2d at 1195. We stated the purpose of the rule in Montgomery County Educ. Ass'n v. Board of Educ. of Montgomery County, 311 Md. 303, 313, 534 A.2d 980, 984-85 (1987), is "to insure that a governmental agency does not, without authority, abdicate or bargain away its statutory discretion." We must keep this principle before us as we consider the issue presented. We shall hold, under the circumstances here presented,

The genesis of this case is Executive Order 01.01.1996.13, which Governor Glendening issued on May 24, 1996.1 Entitled "Procedures for Labor-Management

Relations in the Executive Branch of State Government," the stated goal of the Executive Order is to ensure "constructive and cooperative relationships between the Executive Branch and Executive Branch employees" to the benefit of the citizens of this State. To that end, it gives to the employees2 of the principal departments within the Executive Branch,3 the Maryland Insurance Administration, the State Department of Assessments and Taxation, and the State Lottery Agency,

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