EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0118*
SENATE BILL 118
P4, P6 2lr0648
SB 521/21 – FIN (PRE–FILED)
By: Senator Kramer
Requested: October 15, 2021
Introduced and read first time: January 12, 2022
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
State Personnel – Collective Bargaining 2
FOR the purpose of providing collective bargaining rights to certain graduate assistants at 3
certain public institutions of higher education; establishing a separate collective 4
bargaining unit for the graduate assistants; and generally relating to collective 5
bargaining for graduate assistants at public institutions of higher education. 6
BY repealing and reenacting, with amendments, 7
Article – State Personnel and Pensions 8
Section 3–101, 3–102, and 3–403(d) 9
Annotated Code of Maryland 10
(2015 Replacement Volume and 2021 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – State Personnel and Pensions 14
3–101. 15
(a) In this title the following words have the meanings indicated. 16
(b) “Board” means: 17
(1) with regard to any matter relating to employees of any of the units of 18
State government described in § 3–102(a)(1)(i) through (iv) and (vi) through (xi) of this 19
subtitle and employees described in § 3–102(a)(2) and (3) of this subtitle, the State Labor 20
Relations Board; and 21
(2) with regard to any matter relating to employees of any State institution 22 2 SENATE BILL 118
of higher education described in § 3–102(a)(1)(v) of this subtitle, the State Higher Education 1
Labor Relations Board. 2
(c) “Collective bargaining” means: 3
(1) good faith negotiations by authorized representatives of employees and 4
their employer with the intention of: 5
(i) 1. reaching an agreement about wages, hours, and other 6
terms and conditions of employment; and 7
2. incorporating the terms of the agreement in a written 8
memorandum of understanding or other written understanding; or 9
(ii) clarifying terms and conditions of employment; 10
(2) administration of terms and conditions of employment; or 11
(3) the voluntary adjustment of a dispute or disagreement between 12
authorized representatives of employees and their employer that arises under a 13
memorandum of understanding or other written understanding. 14
(d) “Employee organization” means a labor or other organization in which State 15
employees OR GRADUATE ASSISTAN TS participate and that has as one of its primary 16
purposes representing employees. 17
(e) “Exclusive representative” means an employee organization that has been 18
certified by the Board as an exclusive representative under Subtitle 4 of this title. 19
(f) (1) “Faculty at the Maryland School for the Deaf” means employees who 20
have been granted the following status by the Board of Trustees of the Maryland School for 21
the Deaf: 22
(i) after–school program counselors; 23
(ii) American Sign Language specialists; 24
(iii) athletic trainers; 25
(iv) behavior specialists; 26
(v) clerical aides; 27
(vi) dorm counselors; 28
(vii) employment specialists; 29
SENATE BILL 118 3
(viii) instructional technology resource specialists; 1
(ix) librarians; 2
(x) literacy and reading specialists; 3
(xi) occupational therapists; 4
(xii) orientation and mobility specialists; 5
(xiii) physical therapists; 6
(xiv) school counselors; 7
(xv) school IEP coordinators; 8
(xvi) school nurses; 9
(xvii) school social workers; 10
(xviii) speech–language pathologists; 11
(xix) student support specialists; 12
(xx) teachers; 13
(xxi) teacher aides; 14
(xxii) transition coordinators; and 15
(xxiii) work–to–learn specialists. 16
(2) “Faculty at the Maryland School for the Deaf” does not include officers 17
or supervisory employees at the Maryland School for the Deaf. 18
(G) “GRADUATE ASSISTANT ” MEANS A GRADUATE STU DENT AT A SYSTEM 19
INSTITUTION, MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF 20
MARYLAND WHO IS A TEA CHING, ADMINISTRATIVE , OR RESEARCH ASSISTAN T, OR IN 21
A COMPARABLE POSITIO N, A FELLOW, OR A POSTDOCTORAL IN TERN. 22
[(g)] (H) “President” means: 23
(1) with regard to a constituent institution, as defined in § 12–101 of the 24
Education Article, the president of the constituent institution; 25
(2) with regard to a center or institute, as those terms are defined in § 26 4 SENATE BILL 118
12–101 of the Education Article, the president of the center or institute; 1
(3) with regard to the University System of Maryland Office, the 2
Chancellor of the University System of Maryland; and 3
(4) with regard to Morgan State University, St. Mary’s College of 4
Maryland, and Baltimore City Community College, the president of the institution. 5
[(h)] (I) “System institution” means: 6
(1) a constituent institution, as defined in § 12–101 of the Education 7
Article; 8
(2) a center or institute, as those terms are defined in § 12–101 of the 9
Education Article; and 10
(3) the University System of Maryland Office. 11
3–102. 12
(a) Except as provided in this title or as otherwise provided by law, this title 13
applies to: 14
(1) all employees of: 15
(i) the principal departments within the Executive Branch of State 16
government; 17
(ii) the Maryland Insurance Administration; 18
(iii) the State Department of Assessments and Taxation; 19
(iv) the State Lottery and Gaming Control Agency; 20
(v) the University System of Maryland, Morgan State University, 21
St. Mary’s College of Maryland, and Baltimore City Community College; 22
(vi) the Comptroller; 23
(vii) the Maryland Transportation Authority who are not police 24
officers; 25
(viii) the State Retirement Agency; 26
(ix) the State Department of Education; 27
(x) the Maryland Environmental Service; and 28 SENATE BILL 118 5
(xi) the Maryland School for the Deaf; 1
(2) firefighters for the Martin State Airport at the rank of captain or below 2
who are employed by the Military Department; and 3
(3) all full–time Maryland Transportation Authority police officers at the 4
rank of first sergeant and below. 5
(b) This title does not apply to: 6
(1) employees of the Maryland Transit Administration, as that term is 7
defined in § 7–601(a)(2) of the Transportation Article; 8
(2) an employee who is elected to the position by popular vote; 9
(3) an employee in a position by election or appointment that is provided 10
for by the Maryland Constitution; 11
(4) an employee who is: 12
(i) a special appointment in the State Personnel Management 13
System; or 14
(ii) 1. directly appointed by the Governor by an appointment 15
that is not provided for by the Maryland Constitution; 16
2. appointed by or on the staff of the Governor or Lieutenant 17
Governor; or 18
3. assigned to the Government House or the Governor’s 19
Office; 20
(5) an employee assigned to the Board or with access to records of the 21
Board; 22
(6) an employee in: 23
(i) the executive service of the State Personnel Management 24
System; or 25
(ii) a unit of the Executive Branch with an independent personnel 26
system who is: 27
1. the chief administrator of the unit or a comparable 28
position that is not excluded under item (3) of this subsection as a constitutional or elected 29
office; or 30 6 SENATE BILL 118
2. a deputy or assistant administrator of the unit or a 1
comparable position; 2
(7) (i) a temporary or contractual employee in the State Personnel 3
Management System; or 4
(ii) a contractual, temporary, or emergency employee in a unit of the 5
Executive Branch with an independent personnel system; 6
(8) an employee who is entitled to participate in collective bargaining 7
under another law; 8
(9) an employee of the University System of Maryland, Morgan State 9
University, St. Mary’s College of Maryland, or Baltimore City Community College who is: 10
(i) a chief administrator or in a comparable position; 11
(ii) a deputy, associate, or assistant administrator or in a 12
comparable position; 13
(iii) a member of the faculty, including a faculty librarian; 14
(iv) [a] AN UNDERGRADUATE student employee[, including a 15
teaching assistant or a comparable position, fellow, or post doctoral intern]; 16
(v) a contingent, contractual, temporary, or emergency employee, 17
EXCEPT FOR A GRADUAT E ASSISTANT; 18
(vi) a contingent, contractual, or temporary employee whose position 19
is funded through a research or service grant or contract, or through clinical revenues, 20
EXCEPT FOR A GRADUAT E ASSISTANT; or 21
(vii) an employee whose regular place of employment is outside the 22
State of Maryland; 23
(10) an employee whose participation in a labor organization would be 24
contrary to the State’s ethics laws; 25
(11) any supervisory, managerial, or confidential employee of a unit of State 26
government listed in subsection (a)(1)(i) through (iv) and (vi) through (xi) of this section, as 27
defined in regulations adopted by the Secretary; 28
(12) any supervisory, managerial, or confidential employee of a State 29
institution of higher education listed in subsection (a)(1)(v) of this section, as defined in 30
regulations adopted by the governing board of the institution; or 31 SENATE BILL 118 7
(13) any employee described in subsection (a)(2) of this section who is a 1
supervisory, managerial, or confidential employee, as defined in regulations adopted by the 2
Secretary. 3
3–403. 4
(d) (1) Each system institution, Morgan State University, St. Mary’s College 5
of Maryland, and Baltimore City Community College shall have separate bargaining units. 6
(2) The presidents of the system institutions may agree to cooperate for the 7
purpose of collective bargaining: 8
(i) before the election of exclusive representatives; or 9
(ii) after the certification of exclusive representatives under § 10
3–406(a) of this subtitle. 11
(3) Appropriate bargaining units shall consist of: 12
(i) all eligible nonexempt employees, as described in the federal Fair 13
Labor Standards Act, except eligible sworn police officers; 14
(ii) all eligible exempt employees, as described in the federal Fair 15
Labor Standards Act; [and] 16
(iii) all eligible sworn police officers; AND 17
(IV) ALL ELIGIBLE GRADUAT E ASSISTANTS. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 19
1, 2022. 20