EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0275*
HOUSE BILL 275
P4, F2 3lr0915
CF SB 247
By: Delegates Foley, Lehman, Acevero, Amprey, Attar, Bagnall, Bartlett, Boafo,
Charkoudian, Conaway, Cullison, Ebersole, Edelson, Feldmark, Forbes,
Fraser–Hidalgo, Guyton, Harris, Hill, Ivey, D. Jones, Kerr, J. Lewis, J. Long,
Lopez, Love, Moon, Palakovich Carr, Patterson, Pena–Melnyk, Reznik,
Ruth, Simpson, Smith, Solomon, Stewart, Taveras, Taylor, Terrasa, Vogel,
Wells, Williams, Woods, Young, Ziegler, and Mireku–North
Introduced and read first time: January 25, 2023
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
State Personnel – Collective Bargaining – Faculty, Part–Time Faculty, and 2
Graduate Assistants 3
FOR the purpose of providing collective bargaining rights to certain faculty, part–time 4
faculty, and graduate assistants at certain public institutions of higher education; 5
establishing separate collective bargaining units for faculty, part–time faculty, and 6
graduate assistants; altering the procedures for petitions, elections, and certification 7
that are applicable to the bargaining units for faculty and part–time faculty; and 8
generally relating to collective bargaining for faculty, part–time faculty, and 9
graduate assistants at public institutions of higher education. 10
BY repealing and reenacting, with amendments, 11
Article – State Personnel and Pensions 12
Section 3–101, 3–102, 3–402, 3–403(d), 3–404, 3–405, and 3–406 13
Annotated Code of Maryland 14
(2015 Replacement Volume and 2022 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – State Personnel and Pensions 18
3–101. 19
(a) In this title the following words have the meanings indicated. 20
2 HOUSE BILL 275
(b) “Board” means: 1
(1) with regard to any matter relating to employees of any of the units of 2
State government described in § 3–102(a)(1)(i) through (iv) and (vi) through (xii) of this 3
subtitle and employees described in § 3–102(a)(2) and (3) of this subtitle, the State Labor 4
Relations Board; and 5
(2) with regard to any matter relating to employees of any State institution 6
of higher education described in § 3–102(a)(1)(v) of this subtitle, the State Higher Education 7
Labor Relations Board. 8
(c) “Chancellor” has the meaning stated in § 12–101 of the Education Article. 9
(d) “Collective bargaining” means: 10
(1) good faith negotiations by authorized representatives of employees and 11
their employer with the intention of: 12
(i) 1. reaching an agreement about wages, hours, and other 13
terms and conditions of employment; and 14
2. incorporating the terms of the agreement in a written 15
memorandum of understanding or other written understanding; or 16
(ii) clarifying terms and conditions of employment; 17
(2) administration of terms and conditions of employment; or 18
(3) the voluntary adjustment of a dispute or disagreement between 19
authorized representatives of employees and their employer that arises under a 20
memorandum of understanding or other written understanding. 21
(e) “Employee organization” means a labor or other organization in which State 22
employees, INCLUDING GRADUATE ASSISTANTS , participate and that has as one of its 23
primary purposes representing employees. 24
(f) “Exclusive representative” means an employee organization that has been 25
certified by the Board as an exclusive representative under Subtitle 4 of this title. 26
(g) (1) “Faculty at the Maryland School for the Deaf” means employees who 27
have been granted the following status by the Board of Trustees of the Maryland School for 28
the Deaf: 29
(i) after–school program counselors; 30
(ii) American Sign Language specialists; 31
HOUSE BILL 275 3
(iii) athletic trainers; 1
(iv) behavior specialists; 2
(v) clerical aides; 3
(vi) dorm counselors; 4
(vii) employment specialists; 5
(viii) instructional technology resource specialists; 6
(ix) librarians; 7
(x) literacy and reading specialists; 8
(xi) occupational therapists; 9
(xii) orientation and mobility specialists; 10
(xiii) physical therapists; 11
(xiv) school counselors; 12
(xv) school IEP coordinators; 13
(xvi) school nurses; 14
(xvii) school social workers; 15
(xviii) speech–language pathologists; 16
(xix) student support specialists; 17
(xx) teachers; 18
(xxi) teacher aides; 19
(xxii) transition coordinators; and 20
(xxiii) work–to–learn specialists. 21
(2) “Faculty at the Maryland School for the Deaf” does not include officers 22
or supervisory employees at the Maryland School for the Deaf. 23
(H) “GRADUATE ASSISTANT ” MEANS A GRADUATE STU DENT AT A SYSTEM 24
INSTITUTION, MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF 25 4 HOUSE BILL 275
MARYLAND WHO IS A TEA CHING, ADMINISTRATIVE , OR RESEARCH ASSISTAN T, OR IN 1
A COMPARABLE POSITIO N, OR A FELLOW. 2
[(h)] (I) “President” means: 3
(1) with regard to a constituent institution, as defined in § 12–101 of the 4
Education Article, the president of the constituent institution; 5
(2) with regard to a center or institute, as those terms are defined in § 6
12–101 of the Education Article, the president of the center or institute; 7
(3) with regard to the University System of Maryland Office, the 8
Chancellor of the University System of Maryland; and 9
(4) with regard to Morgan State University, St. Mary’s College of 10
Maryland, and Baltimore City Community College, the president of the institution. 11
[(i)] (J) “System institution” means: 12
(1) a constituent institution, as defined in § 12–101 of the Education 13
Article; 14
(2) a center or institute, as those terms are defined in § 12–101 of the 15
Education Article; and 16
(3) the University System of Maryland Office. 17
3–102. 18
(a) Except as provided in this title or as otherwise provided by law, this title 19
applies to: 20
(1) all employees of: 21
(i) the principal departments within the Executive Branch of State 22
government; 23
(ii) the Maryland Insurance Administration; 24
(iii) the State Department of Assessments and Taxation; 25
(iv) the State Lottery and Gaming Control Agency; 26
(v) the University System of Maryland, Morgan State University, 27
St. Mary’s College of Maryland, and Baltimore City Community College; 28
(vi) the Comptroller; 29 HOUSE BILL 275 5
(vii) the Maryland Transportation Authority who are not police 1
officers; 2
(viii) the State Retirement Agency; 3
(ix) the State Department of Education; 4
(x) the Maryland Environmental Service; 5
(xi) the Maryland School for the Deaf; and 6
(xii) the Office of the Public Defender; 7
(2) firefighters for the Martin State Airport at the rank of captain or below 8
who are employed by the Military Department; and 9
(3) all full–time Maryland Transportation Authority police officers at the 10
rank of first sergeant and below. 11
(b) This title does not apply to: 12
(1) employees of the Maryland Transit Administration, as that term is 13
defined in § 7–601(a)(2) of the Transportation Article; 14
(2) an employee who is elected to the position by popular vote; 15
(3) an employee in a position by election or appointment that is provided 16
for by the Maryland Constitution; 17
(4) an employee who is: 18
(i) a special appointment in the State Personnel Management 19
System; or 20
(ii) 1. directly appointed by the Governor by an appointment 21
that is not provided for by the Maryland Constitution; 22
2. appointed by or on the staff of the Governor or Lieutenant 23
Governor; or 24
3. assigned to the Government House or the Governor’s 25
Office; 26
(5) an employee assigned to the Board or with access to records of the 27
Board; 28
6 HOUSE BILL 275
(6) an employee in: 1
(i) the executive service of the State Personnel Management 2
System; or 3
(ii) a unit of the Executive Branch with an independent personnel 4
system who is: 5
1. the chief administrator of the unit or a comparable 6
position that is not excluded under item (3) of this subsection as a constitutional or elected 7
office; or 8
2. a deputy or assistant administrator of the unit or a 9
comparable position; 10
(7) (i) a temporary or contractual employee in the State Personnel 11
Management System; or 12
(ii) a contractual, temporary, or emergency employee in a unit of the 13
Executive Branch with an independent personnel system; 14
(8) an employee who is entitled to participate in collective bargaining 15
under another law; 16
(9) an employee of the University System of Maryland, Morgan State 17
University, St. Mary’s College of Maryland, or Baltimore City Community College who is: 18
(i) a chief administrator or in a comparable position; 19
(ii) a deputy, associate, or assistant administrator or in a 20
comparable position; 21
(iii) [a member of the faculty, including a faculty librarian; 22
(iv) a] AN UNDERGRADUATE student employee[, including a 23
teaching assistant or a comparable position, fellow, or post doctoral intern]; 24
[(v)] (IV) a contingent, contractual, temporary, or emergency 25
employee, EXCEPT FOR A PART–TIME FACULTY OR GRADUATE ASSISTANT; 26
[(vi)] (V) a contingent, contractual, or temporary employee whose 27
position is funded through a research or service grant or contract, or through clinical 28
revenues, EXCEPT FOR A PART–TIME FACULTY OR GRADUATE ASSISTANT ; or 29
[(vii)] (VI) an employee whose regular place of employment is outside 30
the State of Maryland; 31 HOUSE BILL 275 7
(10) an employee whose participation in a labor organization would be 1
contrary to the State’s ethics laws; 2
(11) any supervisory, managerial, or confidential employee of a unit of State 3
government listed in subsection (a)(1)(i) through (iv) and (vi) through (xi) of this section, as 4
defined in regulations adopted by the Secretary; 5
(12) any supervisory, managerial, or confidential employee of a State 6
institution of higher education listed in subsection (a)(1)(v) of this section, as defined in 7
regulations adopted by the governing board of the institution; or 8
(13) any employee described in subsection (a)(2) of this section who is a 9
supervisory, managerial, or confidential employee, as defined in regulations adopted by the 10
Secretary. 11
3–402. 12
(A) THIS SECTION DOES NOT APPLY TO A PETITION FOR TH E ELECTION OF 13
AN EXCLUSIVE REPRESE NTATIVE OF A BARGAIN ING UNIT LISTED IN § 14
3–403(D)(3)(IV) OR (V) OF THIS SUBTITLE. 15
[(a)] (B) A petition for the election of an exclusive representative of a bargaining 16
unit may be filed with the Board by: 17
(1) an employee organization seeking certification as an exclusive 18
representative; or 19
(2) an employee, a group of employees, or an employee organization 20
seeking a new election to determine an exclusive representative. 21
[(b)] (C) A petition shall: 22
(1) contain the information the Board requires; and 23
(2) be accompanied by a showing of interest supported by 30% of the 24
employees in the appropriate unit indicating their desire to be exclusively represented by 25
the petitioner for the purpose of collective bargaining. 26
3–403. 27
(d) (1) (I) IN THIS SUBSECTION , THE FOLLOWING WORDS HAVE THE 28
MEANINGS INDICATED . 29
(II) 1. “FACULTY” MEANS EMPLOY EES WHOSE 30
ASSIGNMENTS INVOLVE ACADEMIC RESPONSIBIL ITIES, INCLUDING TEACHERS, 31 8 HOUSE BILL 275
SCIENTISTS, RESEARCHERS , ACADEMIC ADVISORS , POSTDOCTORAL INTERNS , AND 1
DEPARTMENT HEADS . 2
2. “FACULTY” DOES NOT INCLUDE OFF ICERS, 3
SUPERVISORY EMPLOYEE S, CONFIDENTIAL EMPLOYE ES, PART–TIME FACULTY, OR 4
GRADUATE ASSISTANTS . 5
(III) “PART–TIME FACULTY ” MEANS EMPLOYEES WHOS E 6
ASSIGNMENTS INVOLVE ACADEMIC RESPONSIBIL ITIES, INCLUDING TEACHERS, 7
SCIENTISTS, RESEARCHERS , ACADEMIC ADVISORS , AND DEPARTMENT HEADS , WHO 8
ARE DESIGNATED WITH PART–TIME FACULTY STATUS BY THE PRESIDENT. 9
[(1)] (2) Each system institution, Morgan State University, St. Mary’s 10
College of Maryland, and Baltimore City Community College shall have separate 11
bargaining units. 12
[(2)] (3) Appropriate bargaining units shall consist of: 13
(i) all eligible nonexempt employees, as described in the federal Fair 14
Labor Standards Act, except eligible sworn police officers; 15
(ii) all eligible exempt employees, as described in the federal Fair 16
Labor Standards Act; [and] 17
(iii) all eligible sworn police officers; 18
(IV) FACULTY AT A SYSTEM INSTITUT ION, MORGAN STATE 19
UNIVERSITY OR ST. MARY’S COLLEGE OF MARYLAND; 20
(V) PART–TIME FACULTY AT A SYSTEM INSTITUT ION, MORGAN 21
STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF MARYLAND; AND 22
(VI) ALL ELIGIBLE GRADUAT E ASSISTANTS AT A SYSTEM 23
INSTITUTION, MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF 24
MARYLAND. 25
(4) NOTWITHSTANDING §§ 3–401, 3–402, 3–404, 3–405, AND 3–406 OF 26
THIS SUBTITLE , PETITIONS, ELECTIONS, AND CERTIFICATION OF EXCLUSIVE 27
REPRESENTATIVES FOR FACULTY AND PART –TIME FACULTY BARGAIN ING UNITS 28
ESTABLISHED UNDER TH IS SUBSECTION SHALL BE CONDUCTED I N ACCORDANCE 29
WITH §§ 16–704 AND 16–705 OF THE EDUCATION ARTICLE. 30
3–404. 31
HOUSE BILL 275 9
[Each] EXCEPT AS PROVIDED IN § 3–403(D)(4) OF THIS SUBTITLE , EACH 1
employee organization that seeks certification as an exclusive representative shall file with 2
the Board: 3
(1) a copy of the employee organization’s governing documents, which: 4
(i) give individual members the right to participate in activities of 5
the organization; 6
(ii) require periodic elections by secret ballot that are conducted with 7
recognized safeguards to ensure the equal rights of all members to nominate, seek office, 8
and vote in the elections; 9
(iii) direct full and accurate accounting of all income and expenses 10
using standard accounting methods; and 11
(iv) require an annual report that is made available to all members 12
of the appropriate bargaining unit; and 13
(2) a certification that the organization: 14
(i) accepts members without regard to any factor in § 2–302(b) of 15
this article; and 16
(ii) will deny membership only to an employee for a reason that is 17
acceptable to the Board. 18
3–405. 19
(A) THIS SECTION DOES NOT APPLY TO THE ELECTIO N OF AN EXCLUSIVE 20
REPRESENTATIVE OF A BARGAINING UNIT LIST ED IN § 3–403(D)(3)(IV) OR (V) OF 21
THIS SUBTITLE. 22
[(a)] (B) (1) Within 5 days of determination that a valid petition has been 23
submitted, the Board shall notify interested employee organizations of the pending election 24
petition. 25
(2) Within 10 days of determination that a valid petition has been 26
submitted under § 3–402 of this subtitle or subsection [(c)(2)(iii)] (D)(2)(III) of this section, 27
the Department or the Maryland Environmental Service, as appropriate, shall make 28
available to all interested employee organizations reasonable and equivalent means to 29
communicate by mail and in person with each employee in the appropriate bargaining unit 30
for the purpose of soliciting the employee’s vote in an election held under this section. 31
[(b)] (C) An election shall be held in any unit within 90 days after the filing of a 32
valid petition for election in such unit in accordance with guidelines established by the 33 10 HOUSE BILL 275
Board. 1
[(c)] (D) (1) All elections shall be conducted by secret ballot. 2
(2) The Board shall place the following choices on the ballot: 3
(i) the name of the exclusive representative, if any; 4
(ii) the name of the employee organization designated in the petition 5
filed under § 3–402 of this subtitle with respect to an appropriate bargaining unit; 6
(iii) the name of each employee organization designated in a petition 7
filed with the Board, within 15 days of notice of the pending election petition, that includes 8
the signatures of at least 10% of the employees in the appropriate bargaining unit; and 9
(iv) a provision for “no exclusive representative”. 10
[(d)] (E) If none of the choices on a ballot receives a majority of the votes cast in 11
an election, the Board shall conduct a runoff election between the choices that received the 12
two highest number of votes in the election. 13
3–406. 14
(A) THIS SECTION DOES NOT APPLY TO CERTIFICATI ON OF AN EXCLUSIVE 15
REPRESENTATIVE OF A BARGAINING UNIT LIST ED IN § 3–403(D)(3)(IV) OR (V) OF 16
THIS SUBTITLE. 17
[(a)] (B) The Board shall certify as exclusive representative the employee 18
organization receiving the votes in an election from a majority of the employees voting in 19
the election. 20
[(b)] (C) After notice and an opportunity for a hearing, the Board may deny or 21
revoke certification as exclusive representative of an employee organization for willful 22
failure to comply with: 23
(1) this title; or 24
(2) the governing documents of the organization. 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 26
1, 2023. 27