EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0183*
HOUSE BILL 183
P4 3lr1365
CF 3lr1078
By: Delegate Chang
Introduced and read first time: January 18, 2023
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
State Personnel – Collective Bargaining – Supervisory and Managerial 2
Employees 3
FOR the purpose of providing collective bargaining rights to certain supervisory and 4
managerial State employees; establishing separate bargaining units for certain 5
supervisory and managerial State employees; and generally relating to collective 6
bargaining for supervisory and managerial State employees. 7
BY repealing and reenacting, with amendments, 8
Article – State Personnel and Pensions 9
Section 3–102 and 3–403 10
Annotated Code of Maryland 11
(2015 Replacement Volume and 2022 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – State Personnel and Pensions 15
3–102. 16
(a) Except as provided in this title or as otherwise provided by law, this title 17
applies to: 18
(1) all employees of: 19
(i) the principal departments within the Executive Branch of State 20
government; 21
(ii) the Maryland Insurance Administration; 22
2 HOUSE BILL 183
(iii) the State Department of Assessments and Taxation; 1
(iv) the State Lottery and Gaming Control Agency; 2
(v) the University System of Maryland, Morgan State University, 3
St. Mary’s College of Maryland, and Baltimore City Community College; 4
(vi) the Comptroller; 5
(vii) the Maryland Transportation Authority who are not police 6
officers; 7
(viii) the State Retirement Agency; 8
(ix) the State Department of Education; 9
(x) the Maryland Environmental Service; 10
(xi) the Maryland School for the Deaf; and 11
(xii) the Office of the Public Defender; 12
(2) firefighters for the Martin State Airport at the rank of captain or below 13
who are employed by the Military Department; and 14
(3) all full–time Maryland Transportation Authority police officers at the 15
rank of first sergeant and below. 16
(b) This title does not apply to: 17
(1) employees of the Maryland Transit Administration, as that term is 18
defined in § 7–601(a)(2) of the Transportation Article; 19
(2) an employee who is elected to the position by popular vote; 20
(3) an employee in a position by election or appointment that is provided 21
for by the Maryland Constitution; 22
(4) an employee who is: 23
(i) a special appointment in the State Personnel Management 24
System; or 25
(ii) 1. directly appointed by the Governor by an appointment 26
that is not provided for by the Maryland Constitution; 27
HOUSE BILL 183 3
2. appointed by or on the staff of the Governor or Lieutenant 1
Governor; or 2
3. assigned to the Government House or the Governor’s 3
Office; 4
(5) an employee assigned to the Board or with access to records of the 5
Board; 6
(6) an employee in: 7
(i) the executive service of the State Personnel Management 8
System; or 9
(ii) a unit of the Executive Branch with an independent personnel 10
system who is: 11
1. the chief administrator of the unit or a comparable 12
position that is not excluded under item (3) of this subsection as a constitutional or elected 13
office; or 14
2. a deputy or assistant administrator of the unit or a 15
comparable position; 16
(7) (i) a temporary or contractual employee in the State Personnel 17
Management System; or 18
(ii) a contractual, temporary, or emergency employee in a unit of the 19
Executive Branch with an independent personnel system; 20
(8) an employee who is entitled to participate in collective bargaining 21
under another law; 22
(9) an employee of the University System of Maryland, Morgan State 23
University, St. Mary’s College of Maryland, or Baltimore City Community College who is: 24
(i) a chief administrator or in a comparable position; 25
(ii) a deputy, associate, or assistant administrator or in a 26
comparable position; 27
(iii) a member of the faculty, including a faculty librarian; 28
(iv) a student employee, including a teaching assistant or a 29
comparable position, fellow, or post doctoral intern; 30
(v) a contingent, contractual, temporary, or emergency employee; 31 4 HOUSE BILL 183
(vi) a contingent, contractual, or temporary employee whose position 1
is funded through a research or service grant or contract, or through clinical revenues; or 2
(vii) an employee whose regular place of employment is outside the 3
State of Maryland; 4
(10) an employee whose participation in a labor organization would be 5
contrary to the State’s ethics laws; 6
(11) any [supervisory, managerial, or] confidential employee of a unit of 7
State government listed in subsection (a)(1)(i) through (iv) and (vi) through (xi) of this 8
section, as defined in regulations adopted by the Secretary; 9
(12) any [supervisory, managerial, or] confidential employee of a State 10
institution of higher education listed in subsection (a)(1)(v) of this section, as defined in 11
regulations adopted by the governing board of the institution; or 12
(13) any employee described in subsection (a)(2) of this section who is a 13
[supervisory, managerial, or] confidential employee, as defined in regulations adopted by 14
the Secretary. 15
3–403. 16
(a) (1) Except as otherwise provided in this title, the Board shall determine 17
the appropriateness of each bargaining unit. 18
(2) If there is no dispute about the appropriateness of the establishment of 19
the bargaining unit, the Board shall issue an order defining an appropriate bargaining unit. 20
(3) If there is a dispute about the appropriateness of the establishment of 21
the bargaining unit, the Board shall: 22
(i) conduct a hearing; and 23
(ii) issue an order defining an appropriate bargaining unit. 24
(b) If the appropriate bargaining unit as determined by the Board differs from the 25
bargaining unit described in the petition, the Board may: 26
(1) dismiss the petition; or 27
(2) direct an election in the appropriate bargaining unit if the signatures 28
included in the petition include those of at least 30% of the employees in the appropriate 29
bargaining unit. 30
HOUSE BILL 183 5
(c) A bargaining unit shall consist only of employees defined in regulations 1
adopted by the Secretary and not specifically excluded by § 3–102(b) of this title. 2
(d) (1) Each system institution, Morgan State University, St. Mary’s College 3
of Maryland, and Baltimore City Community College shall have separate bargaining units. 4
(2) Appropriate bargaining units shall consist of: 5
(i) all eligible nonexempt employees, as described in the federal Fair 6
Labor Standards Act, except eligible sworn police officers; 7
(ii) all eligible exempt employees, as described in the federal Fair 8
Labor Standards Act; [and] 9
(iii) all eligible sworn police officers; 10
(IV) ALL ELIGIBLE SUPERVI SORY EMPLOYEES AS DE FINED IN 11
REGULATIONS ADOPTED BY THE GOVERNING BOA RD OF THE INSTITUTIO N; AND 12
(V) ALL ELIGIBLE MANAGER IAL EMPLOYEES AS DEF INED IN 13
REGULATIONS ADOPTED BY THE GOVERNING BOA RD OF THE INSTITUTIO N. 14
(e) (1) Except as provided in paragraph (2) of this subsection, the Secretary or 15
the Secretary’s designee shall have the authority to assign classification titles and positions 16
to bargaining units as appropriate. 17
(2) The following individuals and entities shall assign classification titles 18
and positions to bargaining units at the following institutions: 19
(i) at a system institution, the President of the system institution; 20
and 21
(ii) at Morgan State University, St. Mary’s College of Maryland, or 22
Baltimore City Community College, the governing board of the institution. 23
(f) Notwithstanding any other provision of law: 24
(1) Maryland Transportation Authority police officers at the rank of first 25
sergeant and below shall have a separate bargaining unit; [and] 26
(2) faculty at the Maryland School for the Deaf shall have a separate 27
bargaining unit; 28
(3) SUPERVISORY EMPLOYEE S WHO ARE NOT CONFID ENTIAL 29
EMPLOYEES OF A UNIT OF STATE GOVERNM ENT LISTED IN § 30
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
AS DEFINED IN REGULA TIONS ADOPTED BY THE SECRETARY, SHALL HAVE A 1
SEPARATE BARGAINING UNIT; AND 2
(4) MANAGERIAL EMPLOYEES WHO ARE NOT CONFIDE NTIAL 3
EMPLOYEES OF A UNIT OF STATE GOVERNMENT LIST ED IN § 4
3–102(A)(1)(I), (II), (III), (IV), (VI), (VII), (VIII), (IX), (X), OR (XI) OR (2) OF THIS TITLE, 5
AS DEFINED IN REGULA TIONS ADOPTED BY THE SECRETARY, SHALL HAVE A 6
SEPARATE BARGAINING UNIT. 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October 1, 2023. 9