Maryland 2023 Regular Session

Maryland House Bill HB183 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	hb0183
6	6
7	7	HOUSE BILL 183
8	8	P4 3lr1365
9	9	CF 3lr1078
10	10	By: Delegate Chang
11	11	Introduced and read first time: January 18, 2023
12	12	Assigned to: Appropriations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	State Personnel – Collective Bargaining – Supervisory and Managerial 2
19	19	Employees 3
20	20
21	21	FOR the purpose of providing collective bargaining rights to certain supervisory and 4
22	22	managerial State employees; establishing separate bargaining units for certain 5
23	23	supervisory and managerial State employees; and generally relating to collective 6
24	24	bargaining for supervisory and managerial State employees. 7
25	25
26	26	BY repealing and reenacting, with amendments, 8
27	27	Article – State Personnel and Pensions 9
28	28	Section 3–102 and 3–403 10
29	29	Annotated Code of Maryland 11
30	30	(2015 Replacement Volume and 2022 Supplement) 12
31	31
32	32	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
33	33	That the Laws of Maryland read as follows: 14
34	34
35	35	Article – State Personnel and Pensions 15
36	36
37	37	3–102. 16
38	38
39	39	(a) Except as provided in this title or as otherwise provided by law, this title 17
40	40	applies to: 18
41	41
42	42	(1) all employees of: 19
43	43
44	44	(i) the principal departments within the Executive Branch of State 20
45	45	government; 21
46	46
47	47	(ii) the Maryland Insurance Administration; 22
48	48	2 HOUSE BILL 183
49	49
50	50
51	51	(iii) the State Department of Assessments and Taxation; 1
52	52
53	53	(iv) the State Lottery and Gaming Control Agency; 2
54	54
55	55	(v) the University System of Maryland, Morgan State University, 3
56	56	St. Mary’s College of Maryland, and Baltimore City Community College; 4
57	57
58	58	(vi) the Comptroller; 5
59	59
60	60	(vii) the Maryland Transportation Authority who are not police 6
61	61	officers; 7
62	62
63	63	(viii) the State Retirement Agency; 8
64	64
65	65	(ix) the State Department of Education; 9
66	66
67	67	(x) the Maryland Environmental Service; 10
68	68
69	69	(xi) the Maryland School for the Deaf; and 11
70	70
71	71	(xii) the Office of the Public Defender; 12
72	72
73	73	(2) firefighters for the Martin State Airport at the rank of captain or below 13
74	74	who are employed by the Military Department; and 14
75	75
76	76	(3) all full–time Maryland Transportation Authority police officers at the 15
77	77	rank of first sergeant and below. 16
78	78
79	79	(b) This title does not apply to: 17
80	80
81	81	(1) employees of the Maryland Transit Administration, as that term is 18
82	82	defined in § 7–601(a)(2) of the Transportation Article; 19
83	83
84	84	(2) an employee who is elected to the position by popular vote; 20
85	85
86	86	(3) an employee in a position by election or appointment that is provided 21
87	87	for by the Maryland Constitution; 22
88	88
89	89	(4) an employee who is: 23
90	90
91	91	(i) a special appointment in the State Personnel Management 24
92	92	System; or 25
93	93
94	94	(ii) 1. directly appointed by the Governor by an appointment 26
95	95	that is not provided for by the Maryland Constitution; 27
96	96	HOUSE BILL 183 3
97	97
98	98
99	99	2. appointed by or on the staff of the Governor or Lieutenant 1
100	100	Governor; or 2
101	101
102	102	3. assigned to the Government House or the Governor’s 3
103	103	Office; 4
104	104
105	105	(5) an employee assigned to the Board or with access to records of the 5
106	106	Board; 6
107	107
108	108	(6) an employee in: 7
109	109
110	110	(i) the executive service of the State Personnel Management 8
111	111	System; or 9
112	112
113	113	(ii) a unit of the Executive Branch with an independent personnel 10
114	114	system who is: 11
115	115
116	116	1. the chief administrator of the unit or a comparable 12
117	117	position that is not excluded under item (3) of this subsection as a constitutional or elected 13
118	118	office; or 14
119	119
120	120	2. a deputy or assistant administrator of the unit or a 15
121	121	comparable position; 16
122	122
123	123	(7) (i) a temporary or contractual employee in the State Personnel 17
124	124	Management System; or 18
125	125
126	126	(ii) a contractual, temporary, or emergency employee in a unit of the 19
127	127	Executive Branch with an independent personnel system; 20
128	128
129	129	(8) an employee who is entitled to participate in collective bargaining 21
130	130	under another law; 22
131	131
132	132	(9) an employee of the University System of Maryland, Morgan State 23
133	133	University, St. Mary’s College of Maryland, or Baltimore City Community College who is: 24
134	134
135	135	(i) a chief administrator or in a comparable position; 25
136	136
137	137	(ii) a deputy, associate, or assistant administrator or in a 26
138	138	comparable position; 27
139	139
140	140	(iii) a member of the faculty, including a faculty librarian; 28
141	141
142	142	(iv) a student employee, including a teaching assistant or a 29
143	143	comparable position, fellow, or post doctoral intern; 30
144	144
145	145	(v) a contingent, contractual, temporary, or emergency employee; 31 4 HOUSE BILL 183
146	146
147	147
148	148
149	149	(vi) a contingent, contractual, or temporary employee whose position 1
150	150	is funded through a research or service grant or contract, or through clinical revenues; or 2
151	151
152	152	(vii) an employee whose regular place of employment is outside the 3
153	153	State of Maryland; 4
154	154
155	155	(10) an employee whose participation in a labor organization would be 5
156	156	contrary to the State’s ethics laws; 6
157	157
158	158	(11) any [supervisory, managerial, or] confidential employee of a unit of 7
159	159	State government listed in subsection (a)(1)(i) through (iv) and (vi) through (xi) of this 8
160	160	section, as defined in regulations adopted by the Secretary; 9
161	161
162	162	(12) any [supervisory, managerial, or] confidential employee of a State 10
163	163	institution of higher education listed in subsection (a)(1)(v) of this section, as defined in 11
164	164	regulations adopted by the governing board of the institution; or 12
165	165
166	166	(13) any employee described in subsection (a)(2) of this section who is a 13
167	167	[supervisory, managerial, or] confidential employee, as defined in regulations adopted by 14
168	168	the Secretary. 15
169	169
170	170	3–403. 16
171	171
172	172	(a) (1) Except as otherwise provided in this title, the Board shall determine 17
173	173	the appropriateness of each bargaining unit. 18
174	174
175	175	(2) If there is no dispute about the appropriateness of the establishment of 19
176	176	the bargaining unit, the Board shall issue an order defining an appropriate bargaining unit. 20
177	177
178	178	(3) If there is a dispute about the appropriateness of the establishment of 21
179	179	the bargaining unit, the Board shall: 22
180	180
181	181	(i) conduct a hearing; and 23
182	182
183	183	(ii) issue an order defining an appropriate bargaining unit. 24
184	184
185	185	(b) If the appropriate bargaining unit as determined by the Board differs from the 25
186	186	bargaining unit described in the petition, the Board may: 26
187	187
188	188	(1) dismiss the petition; or 27
189	189
190	190	(2) direct an election in the appropriate bargaining unit if the signatures 28
191	191	included in the petition include those of at least 30% of the employees in the appropriate 29
192	192	bargaining unit. 30
193	193	HOUSE BILL 183 5
194	194
195	195
196	196	(c) A bargaining unit shall consist only of employees defined in regulations 1
197	197	adopted by the Secretary and not specifically excluded by § 3–102(b) of this title. 2
198	198
199	199	(d) (1) Each system institution, Morgan State University, St. Mary’s College 3
200	200	of Maryland, and Baltimore City Community College shall have separate bargaining units. 4
201	201
202	202	(2) Appropriate bargaining units shall consist of: 5
203	203
204	204	(i) all eligible nonexempt employees, as described in the federal Fair 6
205	205	Labor Standards Act, except eligible sworn police officers; 7
206	206
207	207	(ii) all eligible exempt employees, as described in the federal Fair 8
208	208	Labor Standards Act; [and] 9
209	209
210	210	(iii) all eligible sworn police officers; 10
211	211
212	212	(IV) ALL ELIGIBLE SUPERVI SORY EMPLOYEES AS DE FINED IN 11
213	213	REGULATIONS ADOPTED BY THE GOVERNING BOA RD OF THE INSTITUTIO N; AND 12
214	214
215	215	(V) ALL ELIGIBLE MANAGER IAL EMPLOYEES AS DEF INED IN 13
216	216	REGULATIONS ADOPTED BY THE GOVERNING BOA RD OF THE INSTITUTIO N. 14
217	217
218	218	(e) (1) Except as provided in paragraph (2) of this subsection, the Secretary or 15
219	219	the Secretary’s designee shall have the authority to assign classification titles and positions 16
220	220	to bargaining units as appropriate. 17
221	221
222	222	(2) The following individuals and entities shall assign classification titles 18
223	223	and positions to bargaining units at the following institutions: 19
224	224
225	225	(i) at a system institution, the President of the system institution; 20
226	226	and 21
227	227
228	228	(ii) at Morgan State University, St. Mary’s College of Maryland, or 22
229	229	Baltimore City Community College, the governing board of the institution. 23
230	230
231	231	(f) Notwithstanding any other provision of law: 24
232	232
233	233	(1) Maryland Transportation Authority police officers at the rank of first 25
234	234	sergeant and below shall have a separate bargaining unit; [and] 26
235	235
236	236	(2) faculty at the Maryland School for the Deaf shall have a separate 27
237	237	bargaining unit; 28
238	238
239	239	(3) SUPERVISORY EMPLOYEE S WHO ARE NOT CONFID ENTIAL 29
240	240	EMPLOYEES OF A UNIT OF STATE GOVERNM ENT LISTED IN § 30
241	241	3–102(A)(1)(I), (II), (III), (IV), (VI), (VII), (VIII), (IX), (X), OR (XI) OR (2) OF THIS TITLE, 31 6 HOUSE BILL 183
242	242
243	243
244	244	AS DEFINED IN REGULA TIONS ADOPTED BY THE SECRETARY, SHALL HAVE A 1
245	245	SEPARATE BARGAINING UNIT; AND 2
246	246
247	247	(4) MANAGERIAL EMPLOYEES WHO ARE NOT CONFIDE NTIAL 3
248	248	EMPLOYEES OF A UNIT OF STATE GOVERNMENT LIST ED IN § 4
249	249	3–102(A)(1)(I), (II), (III), (IV), (VI), (VII), (VIII), (IX), (X), OR (XI) OR (2) OF THIS TITLE, 5
250	250	AS DEFINED IN REGULA TIONS ADOPTED BY THE SECRETARY, SHALL HAVE A 6
251	251	SEPARATE BARGAINING UNIT. 7
252	252
253	253	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
254	254	October 1, 2023. 9
255	255