EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0247*
SENATE BILL 247
P4, F2 3lr1503
CF HB 275
By: Senators Kramer, Feldman, Jackson, Rosapepe, Hettleman, Brooks, Carter,
Muse, and Elfreth
Introduced and read first time: January 25, 2023
Assigned to: Finance
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
(b) “Board” means: 21
(1) with regard to any matter relating to employees of any of the units of 22
State government described in § 3–102(a)(1)(i) through (iv) and (vi) through (xii) of this 23 2 SENATE BILL 247
subtitle and employees described in § 3–102(a)(2) and (3) of this subtitle, the State Labor 1
Relations Board; and 2
(2) with regard to any matter relating to employees of any State institution 3
of higher education described in § 3–102(a)(1)(v) of this subtitle, the State Higher Education 4
Labor Relations Board. 5
(c) “Chancellor” has the meaning stated in § 12–101 of the Education Article. 6
(d) “Collective bargaining” means: 7
(1) good faith negotiations by authorized representatives of employees and 8
their employer with the intention of: 9
(i) 1. reaching an agreement about wages, hours, and other 10
terms and conditions of employment; and 11
2. incorporating the terms of the agreement in a written 12
memorandum of understanding or other written understanding; or 13
(ii) clarifying terms and conditions of employment; 14
(2) administration of terms and conditions of employment; or 15
(3) the voluntary adjustment of a dispute or disagreement between 16
authorized representatives of employees and their employer that arises under a 17
memorandum of understanding or other written understanding. 18
(e) “Employee organization” means a labor or other organization in which State 19
employees, INCLUDING GRADUATE A SSISTANTS, participate and that has as one of its 20
primary purposes representing employees. 21
(f) “Exclusive representative” means an employee organization that has been 22
certified by the Board as an exclusive representative under Subtitle 4 of this title. 23
(g) (1) “Faculty at the Maryland School for the Deaf” means employees who 24
have been granted the following status by the Board of Trustees of the Maryland School for 25
the Deaf: 26
(i) after–school program counselors; 27
(ii) American Sign Language specialists; 28
(iii) athletic trainers; 29
(iv) behavior specialists; 30
SENATE BILL 247 3
(v) clerical aides; 1
(vi) dorm counselors; 2
(vii) employment specialists; 3
(viii) instructional technology resource specialists; 4
(ix) librarians; 5
(x) literacy and reading specialists; 6
(xi) occupational therapists; 7
(xii) orientation and mobility specialists; 8
(xiii) physical therapists; 9
(xiv) school counselors; 10
(xv) school IEP coordinators; 11
(xvi) school nurses; 12
(xvii) school social workers; 13
(xviii) speech–language pathologists; 14
(xix) student support specialists; 15
(xx) teachers; 16
(xxi) teacher aides; 17
(xxii) transition coordinators; and 18
(xxiii) work–to–learn specialists. 19
(2) “Faculty at the Maryland School for the Deaf” does not include officers 20
or supervisory employees at the Maryland School for the Deaf. 21
(H) “GRADUATE ASSISTANT ” MEANS A GRADUATE STU DENT AT A SYSTEM 22
INSTITUTION, MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF 23
MARYLAND WHO IS A TEA CHING, ADMINISTRATIVE , OR RESEARCH ASSISTAN T, OR IN 24
A COMPARABLE POSITIO N, OR A FELLOW. 25
4 SENATE BILL 247
[(h)] (I) “President” means: 1
(1) with regard to a constituent institution, as defined in § 12–101 of the 2
Education Article, the president of the constituent institution; 3
(2) with regard to a center or institute, as those terms are defined in § 4
12–101 of the Education Article, the president of the center or institute; 5
(3) with regard to the University System of Mar yland Office, the 6
Chancellor of the University System of Maryland; and 7
(4) with regard to Morgan State University, St. Mary’s College of 8
Maryland, and Baltimore City Community College, the president of the institution. 9
[(i)] (J) “System institution” means: 10
(1) a constituent institution, as defined in § 12–101 of the Education 11
Article; 12
(2) a center or institute, as those terms are defined in § 12–101 of the 13
Education Article; and 14
(3) the University System of Maryland Office. 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
(iii) the State Department of Assessments and Taxation; 23
(iv) the State Lottery and Gaming Control Agency; 24
(v) the University System of Maryland, Morgan State University, 25
St. Mary’s College of Maryland, and Baltimore City Community College; 26
(vi) the Comptroller; 27
(vii) the Maryland Transportation Authority who are not police 28
officers; 29 SENATE BILL 247 5
(viii) the State Retirement Agency; 1
(ix) the State Department of Education; 2
(x) the Maryland Environmental Service; 3
(xi) the Maryland School for the Deaf; and 4
(xii) the Office of the Public Defender; 5
(2) firefighters for the Martin State Airport at the rank of captain or below 6
who are employed by the Military Department; and 7
(3) all full–time Maryland Transportation Authority police officers at the 8
rank of first sergeant and below. 9
(b) This title does not apply to: 10
(1) employees of the Maryland Transit Administration, as that term is 11
defined in § 7–601(a)(2) of the Transportation Article; 12
(2) an employee who is elected to the position by popular vote; 13
(3) an employee in a position by election or appointment that is provided 14
for by the Maryland Constitution; 15
(4) an employee who is: 16
(i) a special appointment in the State Personnel Management 17
System; or 18
(ii) 1. directly appointed by the Governor by an appointment 19
that is not provided for by the Maryland Constitution; 20
2. appointed by or on the staff of the Governor or Lieutenant 21
Governor; or 22
3. assigned to the Government House or the Governor’s 23
Office; 24
(5) an employee assigned to the Board or with access to records of the 25
Board; 26
(6) an employee in: 27
(i) the executive service of the State Personnel Management 28 6 SENATE BILL 247
System; or 1
(ii) a unit of the Executive Branch with an independent personnel 2
system who is: 3
1. the chief administrator of the unit or a comparable 4
position that is not excluded under item (3) of this subsection as a constitutional or elected 5
office; or 6
2. a deputy or assistant administrator of the unit or a 7
comparable position; 8
(7) (i) a temporary or contractual employee in the State Personnel 9
Management System; or 10
(ii) a contractual, temporary, or emergency employee in a unit of the 11
Executive Branch with an independent personnel system; 12
(8) an employee who is entitled to participate in collective bargaining 13
under another law; 14
(9) an employee of the University System of Maryland, Morgan State 15
University, St. Mary’s College of Maryland, or Baltimore City Community College who is: 16
(i) a chief administrator or in a comparable position; 17
(ii) a deputy, associate, or assistant administrator or in a 18
comparable position; 19
(iii) [a member of the faculty, including a faculty librarian; 20
(iv) a] AN UNDERGRADUATE student employee[, including a 21
teaching assistant or a comparable position, fellow, or post doctoral intern]; 22
[(v)] (IV) a contingent, contractual, temporary, or emergency 23
employee, EXCEPT FOR A PART –TIME FACULTY OR GRAD UATE ASSISTANT ; 24
[(vi)] (V) a contingent, contractual, or temporary employee whose 25
position is funded through a research or service grant or contract, or through clinical 26
revenues, EXCEPT FOR A PART –TIME FACULTY OR GRAD UATE ASSISTANT ; or 27
[(vii)] (VI) an employee whose regular place of employment is outside 28
the State of Maryland; 29
(10) an employee whose participation in a labor organization would be 30
contrary to the State’s ethics laws; 31 SENATE BILL 247 7
(11) any supervisory, managerial, or confidential employee of a unit of State 1
government listed in subsection (a)(1)(i) through (iv) and (vi) through (xi) of this section, as 2
defined in regulations adopted by the Secretary; 3
(12) any supervisory, managerial, or confidential employee of a State 4
institution of higher education listed in subsection (a)(1)(v) of this section, as defined in 5
regulations adopted by the governing board of the institution; or 6
(13) any employee described in subsection (a)(2) of this section who is a 7
supervisory, managerial, or confidential employee, as defined in regulations adopted by the 8
Secretary. 9
3–402. 10
(A) THIS SECTION DOES NOT APPLY T O A PETITION FOR THE ELECTION OF 11
AN EXCLUSIVE REPRESE NTATIVE OF A BARGAIN ING UNIT LISTED IN § 12
3–403(D)(3)(IV) OR (V) OF THIS SUBTITLE. 13
[(a)] (B) A petition for the election of an exclusive representative of a bargaining 14
unit may be filed with the Board by: 15
(1) an employee organization seeking certification as an exclusive 16
representative; or 17
(2) an employee, a group of employees, or an employee organization 18
seeking a new election to determine an exclusive representative. 19
[(b)] (C) A petition shall: 20
(1) contain the information the Board requires; and 21
(2) be accompanied by a showing of interest supported by 30% of the 22
employees in the appropriate unit indicating their desire to be exclusively represented by 23
the petitioner for the purpose of collective bargaining. 24
3–403. 25
(d) (1) (I) IN THIS SUBSECTION , THE FOLLOWING WORDS HAVE THE 26
MEANINGS INDICATED . 27
(II) 1. “FACULTY” MEANS EMPLOYEES WHOS E 28
ASSIGNMENTS INVOLVE ACADEMIC RESPONSIBIL ITIES, INCLUDING TEACHERS , 29
SCIENTISTS, RESEARCHERS , ACADEMIC ADVISORS , POSTDOCTORAL INTERNS , AND 30
DEPARTMENT HEADS . 31
8 SENATE BILL 247
2. “FACULTY” DOES NOT INCLUDE OFF ICERS, 1
SUPERVISORY EMPLOYEE S, CONFIDENTIAL EMPLOYE ES, PART–TIME FACULTY , OR 2
GRADUATE ASSISTANTS . 3
(III) “PART–TIME FACULTY ” MEANS EMPLOYEES WHOSE 4
ASSIGNMENTS INVOLVE ACADEMIC RESPONSIBIL ITIES, INCLUDING TEACHERS , 5
SCIENTISTS, RESEARCHERS , ACADEMIC ADVISORS , AND DEPARTMENT HEADS , WHO 6
ARE DESIGNATED WITH PART–TIME FACULTY STATUS BY THE PRESIDENT. 7
[(1)] (2) Each system institution, Morgan State University, St. Mary’s 8
College of Maryland, and Baltimore City Community College shall have separate 9
bargaining units. 10
[(2)] (3) Appropriate bargaining units shall consist of: 11
(i) all eligible nonexempt employees, as described in the federal Fair 12
Labor Standards Act, except eligible sworn police officers; 13
(ii) all eligible exempt employees, as described in the federal Fair 14
Labor Standards Act; [and] 15
(iii) all eligible sworn police officers; 16
(IV) FACULTY AT A SYSTEM INSTITUTION, MORGAN STATE 17
UNIVERSITY OR ST. MARY’S COLLEGE OF MARYLAND; 18
(V) PART–TIME FACULTY AT A SY STEM INSTITUTION , MORGAN 19
STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF MARYLAND; AND 20
(VI) ALL ELIGIBLE GRADUAT E ASSISTANTS AT A SY STEM 21
INSTITUTION, MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF 22
MARYLAND. 23
(4) NOTWITHSTANDING §§ 3–401, 3–402, 3–404, 3–405, AND 3–406 OF 24
THIS SUBTITLE , PETITIONS, ELECTIONS, AND CERTIFICATION OF EXCLUSIVE 25
REPRESENTATIVES FOR FACULTY AND PART –TIME FACULTY BARGAIN ING UNITS 26
ESTABLISHED UNDER THIS SUBS ECTION SHALL BE COND UCTED IN ACCORDANCE 27
WITH §§ 16–704 AND 16–705 OF THE EDUCATION ARTICLE. 28
3–404. 29
[Each] EXCEPT AS PROVIDED IN § 3–403(D)(4) OF THIS SUBTITLE , EACH 30
employee organization that seeks certification as an exclusive representative shall file with 31
the Board: 32 SENATE BILL 247 9
(1) a copy of the employee organization’s governing documents, which: 1
(i) give individual members the right to participate in activities of 2
the organization; 3
(ii) require periodic elections by secret ballot that are conducted with 4
recognized safeguards to ensure the equal rights of all members to nominate, seek office, 5
and vote in the elections; 6
(iii) direct full and accurate accounting of all income and expenses 7
using standard accounting methods; and 8
(iv) require an annual report that is made available to all members 9
of the appropriate bargaining unit; and 10
(2) a certification that the organization: 11
(i) accepts members without regard to any factor in § 2–302(b) of 12
this article; and 13
(ii) will deny membership only to an employee for a reason that is 14
acceptable to the Board. 15
3–405. 16
(A) THIS SECTION DOES NOT APPLY TO THE ELECTIO N OF AN EXCLUSIVE 17
REPRESENTATIVE OF A BARGAINING UNIT LIST ED IN § 3–403(D)(3)(IV) OR (V) OF 18
THIS SUBTITLE. 19
[(a)] (B) (1) Within 5 days of determination that a valid petition has been 20
submitted, the Board shall notify interested employee organizations of the pending election 21
petition. 22
(2) Within 10 days of determination that a valid petition has been 23
submitted under § 3–402 of this subtitle or subsection [(c)(2)(iii)] (D)(2)(III) of this section, 24
the Department or the Maryland Environmental Service, as appropriate, shall make 25
available to all interested employee organizations reasonable and equivalent means to 26
communicate by mail and in person with each employee in the appropriate bargaining unit 27
for the purpose of soliciting the employee’s vote in an election held under this section. 28
[(b)] (C) An election shall be held in any unit within 90 days after the filing of a 29
valid petition for election in such unit in accordance with guidelines established by the 30
Board. 31
[(c)] (D) (1) All elections shall be conducted by secret ballot. 32 10 SENATE BILL 247
(2) The Board shall place the following choices on the ballot: 1
(i) the name of the exclusive representative, if any; 2
(ii) the name of the employee organization designated in the petition 3
filed under § 3–402 of this subtitle with respect to an appropriate bargaining unit; 4
(iii) the name of each employee organization designated in a petition 5
filed with the Board, within 15 days of notice of the pending election petition, that includes 6
the signatures of at least 10% of the employees in the appropriate bargaining unit; and 7
(iv) a provision for “no exclusive representative”. 8
[(d)] (E) If none of the choices on a ballot receives a majority of the votes cast in 9
an election, the Board shall conduct a runoff election between the choices that received the 10
two highest number of votes in the election. 11
3–406. 12
(A) THIS SECTION DOES NOT APPLY TO CERTIFICATIO N OF AN EXCLUSIVE 13
REPRESENTATIVE OF A BARGAINING UNIT LIST ED IN § 3–403(D)(3)(IV) OR (V) OF 14
THIS SUBTITLE. 15
[(a)] (B) The Board shall certify as exclusive representative the employee 16
organization receiving the votes in an election from a majority of the employees voting in 17
the election. 18
[(b)] (C) After notice and an opportunity for a hearing, the Board may deny or 19
revoke certification as exclusive representative of an employee organization for willful 20
failure to comply with: 21
(1) this title; or 22
(2) the governing documents of the organization. 23
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 24
1, 2023. 25