Maryland 2022 Regular Session

Maryland Senate Bill SB118 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0118
6	6
7	7	SENATE BILL 118
8	8	P4, P6 2lr0648
9	9	SB 521/21 – FIN (PRE–FILED)
10	10	By: Senator Kramer
11	11	Requested: October 15, 2021
12	12	Introduced and read first time: January 12, 2022
13	13	Assigned to: Finance
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	State Personnel – Collective Bargaining 2
20	20
21	21	FOR the purpose of providing collective bargaining rights to certain graduate assistants at 3
22	22	certain public institutions of higher education; establishing a separate collective 4
23	23	bargaining unit for the graduate assistants; and generally relating to collective 5
24	24	bargaining for graduate assistants at public institutions of higher education. 6
25	25
26	26	BY repealing and reenacting, with amendments, 7
27	27	Article – State Personnel and Pensions 8
28	28	Section 3–101, 3–102, and 3–403(d) 9
29	29	Annotated Code of Maryland 10
30	30	(2015 Replacement Volume and 2021 Supplement) 11
31	31
32	32	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
33	33	That the Laws of Maryland read as follows: 13
34	34
35	35	Article – State Personnel and Pensions 14
36	36
37	37	3–101. 15
38	38
39	39	(a) In this title the following words have the meanings indicated. 16
40	40
41	41	(b) “Board” means: 17
42	42
43	43	(1) with regard to any matter relating to employees of any of the units of 18
44	44	State government described in § 3–102(a)(1)(i) through (iv) and (vi) through (xi) of this 19
45	45	subtitle and employees described in § 3–102(a)(2) and (3) of this subtitle, the State Labor 20
46	46	Relations Board; and 21
47	47
48	48	(2) with regard to any matter relating to employees of any State institution 22 2 SENATE BILL 118
49	49
50	50
51	51	of higher education described in § 3–102(a)(1)(v) of this subtitle, the State Higher Education 1
52	52	Labor Relations Board. 2
53	53
54	54	(c) “Collective bargaining” means: 3
55	55
56	56	(1) good faith negotiations by authorized representatives of employees and 4
57	57	their employer with the intention of: 5
58	58
59	59	(i) 1. reaching an agreement about wages, hours, and other 6
60	60	terms and conditions of employment; and 7
61	61
62	62	2. incorporating the terms of the agreement in a written 8
63	63	memorandum of understanding or other written understanding; or 9
64	64
65	65	(ii) clarifying terms and conditions of employment; 10
66	66
67	67	(2) administration of terms and conditions of employment; or 11
68	68
69	69	(3) the voluntary adjustment of a dispute or disagreement between 12
70	70	authorized representatives of employees and their employer that arises under a 13
71	71	memorandum of understanding or other written understanding. 14
72	72
73	73	(d) “Employee organization” means a labor or other organization in which State 15
74	74	employees OR GRADUATE ASSISTAN TS participate and that has as one of its primary 16
75	75	purposes representing employees. 17
76	76
77	77	(e) “Exclusive representative” means an employee organization that has been 18
78	78	certified by the Board as an exclusive representative under Subtitle 4 of this title. 19
79	79
80	80	(f) (1) “Faculty at the Maryland School for the Deaf” means employees who 20
81	81	have been granted the following status by the Board of Trustees of the Maryland School for 21
82	82	the Deaf: 22
83	83
84	84	(i) after–school program counselors; 23
85	85
86	86	(ii) American Sign Language specialists; 24
87	87
88	88	(iii) athletic trainers; 25
89	89
90	90	(iv) behavior specialists; 26
91	91
92	92	(v) clerical aides; 27
93	93
94	94	(vi) dorm counselors; 28
95	95
96	96	(vii) employment specialists; 29
97	97	SENATE BILL 118 3
98	98
99	99
100	100	(viii) instructional technology resource specialists; 1
101	101
102	102	(ix) librarians; 2
103	103
104	104	(x) literacy and reading specialists; 3
105	105
106	106	(xi) occupational therapists; 4
107	107
108	108	(xii) orientation and mobility specialists; 5
109	109
110	110	(xiii) physical therapists; 6
111	111
112	112	(xiv) school counselors; 7
113	113
114	114	(xv) school IEP coordinators; 8
115	115
116	116	(xvi) school nurses; 9
117	117
118	118	(xvii) school social workers; 10
119	119
120	120	(xviii) speech–language pathologists; 11
121	121
122	122	(xix) student support specialists; 12
123	123
124	124	(xx) teachers; 13
125	125
126	126	(xxi) teacher aides; 14
127	127
128	128	(xxii) transition coordinators; and 15
129	129
130	130	(xxiii) work–to–learn specialists. 16
131	131
132	132	(2) “Faculty at the Maryland School for the Deaf” does not include officers 17
133	133	or supervisory employees at the Maryland School for the Deaf. 18
134	134
135	135	(G) “GRADUATE ASSISTANT ” MEANS A GRADUATE STU DENT AT A SYSTEM 19
136	136	INSTITUTION, MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF 20
137	137	MARYLAND WHO IS A TEA CHING, ADMINISTRATIVE , OR RESEARCH ASSISTAN T, OR IN 21
138	138	A COMPARABLE POSITIO N, A FELLOW, OR A POSTDOCTORAL IN TERN. 22
139	139
140	140	[(g)] (H) “President” means: 23
141	141
142	142	(1) with regard to a constituent institution, as defined in § 12–101 of the 24
143	143	Education Article, the president of the constituent institution; 25
144	144
145	145	(2) with regard to a center or institute, as those terms are defined in § 26 4 SENATE BILL 118
146	146
147	147
148	148	12–101 of the Education Article, the president of the center or institute; 1
149	149
150	150	(3) with regard to the University System of Maryland Office, the 2
151	151	Chancellor of the University System of Maryland; and 3
152	152
153	153	(4) with regard to Morgan State University, St. Mary’s College of 4
154	154	Maryland, and Baltimore City Community College, the president of the institution. 5
155	155
156	156	[(h)] (I) “System institution” means: 6
157	157
158	158	(1) a constituent institution, as defined in § 12–101 of the Education 7
159	159	Article; 8
160	160
161	161	(2) a center or institute, as those terms are defined in § 12–101 of the 9
162	162	Education Article; and 10
163	163
164	164	(3) the University System of Maryland Office. 11
165	165
166	166	3–102. 12
167	167
168	168	(a) Except as provided in this title or as otherwise provided by law, this title 13
169	169	applies to: 14
170	170
171	171	(1) all employees of: 15
172	172
173	173	(i) the principal departments within the Executive Branch of State 16
174	174	government; 17
175	175
176	176	(ii) the Maryland Insurance Administration; 18
177	177
178	178	(iii) the State Department of Assessments and Taxation; 19
179	179
180	180	(iv) the State Lottery and Gaming Control Agency; 20
181	181
182	182	(v) the University System of Maryland, Morgan State University, 21
183	183	St. Mary’s College of Maryland, and Baltimore City Community College; 22
184	184
185	185	(vi) the Comptroller; 23
186	186
187	187	(vii) the Maryland Transportation Authority who are not police 24
188	188	officers; 25
189	189
190	190	(viii) the State Retirement Agency; 26
191	191
192	192	(ix) the State Department of Education; 27
193	193
194	194	(x) the Maryland Environmental Service; and 28 SENATE BILL 118 5
195	195
196	196
197	197
198	198	(xi) the Maryland School for the Deaf; 1
199	199
200	200	(2) firefighters for the Martin State Airport at the rank of captain or below 2
201	201	who are employed by the Military Department; and 3
202	202
203	203	(3) all full–time Maryland Transportation Authority police officers at the 4
204	204	rank of first sergeant and below. 5
205	205
206	206	(b) This title does not apply to: 6
207	207
208	208	(1) employees of the Maryland Transit Administration, as that term is 7
209	209	defined in § 7–601(a)(2) of the Transportation Article; 8
210	210
211	211	(2) an employee who is elected to the position by popular vote; 9
212	212
213	213	(3) an employee in a position by election or appointment that is provided 10
214	214	for by the Maryland Constitution; 11
215	215
216	216	(4) an employee who is: 12
217	217
218	218	(i) a special appointment in the State Personnel Management 13
219	219	System; or 14
220	220
221	221	(ii) 1. directly appointed by the Governor by an appointment 15
222	222	that is not provided for by the Maryland Constitution; 16
223	223
224	224	2. appointed by or on the staff of the Governor or Lieutenant 17
225	225	Governor; or 18
226	226
227	227	3. assigned to the Government House or the Governor’s 19
228	228	Office; 20
229	229
230	230	(5) an employee assigned to the Board or with access to records of the 21
231	231	Board; 22
232	232
233	233	(6) an employee in: 23
234	234
235	235	(i) the executive service of the State Personnel Management 24
236	236	System; or 25
237	237
238	238	(ii) a unit of the Executive Branch with an independent personnel 26
239	239	system who is: 27
240	240
241	241	1. the chief administrator of the unit or a comparable 28
242	242	position that is not excluded under item (3) of this subsection as a constitutional or elected 29
243	243	office; or 30 6 SENATE BILL 118
244	244
245	245
246	246
247	247	2. a deputy or assistant administrator of the unit or a 1
248	248	comparable position; 2
249	249
250	250	(7) (i) a temporary or contractual employee in the State Personnel 3
251	251	Management System; or 4
252	252
253	253	(ii) a contractual, temporary, or emergency employee in a unit of the 5
254	254	Executive Branch with an independent personnel system; 6
255	255
256	256	(8) an employee who is entitled to participate in collective bargaining 7
257	257	under another law; 8
258	258
259	259	(9) an employee of the University System of Maryland, Morgan State 9
260	260	University, St. Mary’s College of Maryland, or Baltimore City Community College who is: 10
261	261
262	262	(i) a chief administrator or in a comparable position; 11
263	263
264	264	(ii) a deputy, associate, or assistant administrator or in a 12
265	265	comparable position; 13
266	266
267	267	(iii) a member of the faculty, including a faculty librarian; 14
268	268
269	269	(iv) [a] AN UNDERGRADUATE student employee[, including a 15
270	270	teaching assistant or a comparable position, fellow, or post doctoral intern]; 16
271	271
272	272	(v) a contingent, contractual, temporary, or emergency employee, 17
273	273	EXCEPT FOR A GRADUAT E ASSISTANT; 18
274	274
275	275	(vi) a contingent, contractual, or temporary employee whose position 19
276	276	is funded through a research or service grant or contract, or through clinical revenues, 20
277	277	EXCEPT FOR A GRADUAT E ASSISTANT; or 21
278	278
279	279	(vii) an employee whose regular place of employment is outside the 22
280	280	State of Maryland; 23
281	281
282	282	(10) an employee whose participation in a labor organization would be 24
283	283	contrary to the State’s ethics laws; 25
284	284
285	285	(11) any supervisory, managerial, or confidential employee of a unit of State 26
286	286	government listed in subsection (a)(1)(i) through (iv) and (vi) through (xi) of this section, as 27
287	287	defined in regulations adopted by the Secretary; 28
288	288
289	289	(12) any supervisory, managerial, or confidential employee of a State 29
290	290	institution of higher education listed in subsection (a)(1)(v) of this section, as defined in 30
291	291	regulations adopted by the governing board of the institution; or 31 SENATE BILL 118 7
292	292
293	293
294	294
295	295	(13) any employee described in subsection (a)(2) of this section who is a 1
296	296	supervisory, managerial, or confidential employee, as defined in regulations adopted by the 2
297	297	Secretary. 3
298	298
299	299	3–403. 4
300	300
301	301	(d) (1) Each system institution, Morgan State University, St. Mary’s College 5
302	302	of Maryland, and Baltimore City Community College shall have separate bargaining units. 6
303	303
304	304	(2) The presidents of the system institutions may agree to cooperate for the 7
305	305	purpose of collective bargaining: 8
306	306
307	307	(i) before the election of exclusive representatives; or 9
308	308
309	309	(ii) after the certification of exclusive representatives under § 10
310	310	3–406(a) of this subtitle. 11
311	311
312	312	(3) Appropriate bargaining units shall consist of: 12
313	313
314	314	(i) all eligible nonexempt employees, as described in the federal Fair 13
315	315	Labor Standards Act, except eligible sworn police officers; 14
316	316
317	317	(ii) all eligible exempt employees, as described in the federal Fair 15
318	318	Labor Standards Act; [and] 16
319	319
320	320	(iii) all eligible sworn police officers; AND 17
321	321
322	322	(IV) ALL ELIGIBLE GRADUAT E ASSISTANTS. 18
323	323
324	324	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 19
325	325	1, 2022. 20
326	326