City of Baltimore
Baltimore City Code

§ 18-3. Transition employment period.

(a) Awarding authority responsibilities.

At least 15 days before a service contract is terminated, an awarding authority must:

(1) request that the terminated contractor provide the awarding authority a complete list of the name, date of hire, and job classification of each affected employee;

(2) give the successor entity a complete list of the name, date of hire, and job classification of each affected employee; and

(3) except in the case of a service contract at a facility used as a public university, ensure that a written notice to all affected employees describing the pending termination of the service contract and the employee rights provided by this subtitle is conspicuously posted at any affected work site.

(b) Successor entity responsibilities.

(1) Subject to paragraph (3) of this subsection, the successor entity must offer to retain, and, if the offer is accepted, actually retain, each affected employee at an affected site for 90 days or until the successor entity no longer provides services at the covered location, whichever is earlier.

(2) No less than 10 days before it commences work at an affected site, the successor entity must give each affected employee a written offer of employment for the 90-day transition period and send a copy to the employee's collective bargaining representative, if any. Each offer must:

(i) allow the employee at least 10 days after receiving the notice to accept the offer; and

(ii) state the date by which the affected employee must accept the offer.

(3) A successor entity may retain less than all of the affected employees during the 90-day transition period if the successor entity:

(i) finds that fewer service employees are required to perform the work than the terminated contractor had employed;

(ii) retains service employees by seniority within each job classification;

(iii) maintains a preferential hiring list of those employees not retained; and

(iv) hires any additional service employees from the list, in order of seniority, until all affected service employees have been offered employment.

(4) At the end of the 90-day transition employment period, the successor entity must perform a written performance evaluation for each employee retained pursuant to this section. If the employee's performance during the 90-day transition employment period is satisfactory, the successor entity must offer the employee continued employment under the terms and conditions established by the successor entity.

(5) During the 90-day transition period, the successor entity may not discharge a service employee retained under this section without just cause.