EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0079*
SENATE BILL 79
P4, R2, F5 3lr0913
(PRE–FILED) CF 3lr1606
By: Senator Kramer
Requested: November 18, 2022
Introduced and read first time: January 11, 2023
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
State Personnel – Education and Transportation – Grievance Procedures 2
FOR the purpose of authorizing a certain employee or a certain exclusive representative to 3
initiate a grievance procedure under certain provisions of law; prohibiting the 4
dismissal of a grievance concerning wages for a certain reason; requiring certain 5
decision makers in a grievance procedure in certain higher education systems to 6
award certain damages under certain circumstances; requiring certain employee 7
grievance procedures and personnel systems to include certain redress for certain 8
violations; requiring regulations adopted by the Secretary of Transportation to be 9
consistent with certain provisions of law and include certain redress for certain 10
violations; and generally relating to grievance procedures for State personnel and 11
education and transportation employees. 12
BY repealing and reenacting, with amendments, 13
Article – State Personnel and Pensions 14
Section 2–407 15
Annotated Code of Maryland 16
(2015 Replacement Volume and 2022 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Education 19
Section 13–203(e), 14–408, and 16–510(a) 20
Annotated Code of Maryland 21
(2022 Replacement Volume) 22
BY adding to 23
Article – Education 24
Section 14–302(h) 25
Annotated Code of Maryland 26
(2022 Replacement Volume) 27 2 SENATE BILL 79
BY repealing and reenacting, with amendments, 1
Article – Transportation 2
Section 2–103.4(d) 3
Annotated Code of Maryland 4
(2020 Replacement Volume and 2022 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – State Personnel and Pensions 8
2–407. 9
(a) If an appointing authority does not report payroll information in accordance 10
with § 2–402 of this subtitle, the employee or the employee’s exclusive representative may 11
initiate a grievance under the grievance procedure established under: 12
(1) Title 12, Subtitle 2 of this article; 13
(2) TITLE 13, SUBTITLE 2 OF THE EDUCATION ARTICLE; 14
(3) TITLE 14, SUBTITLE 3 OF THE EDUCATION ARTICLE; 15
(4) § 14–408 OF THE EDUCATION ARTICLE; 16
(5) § 16–510(A) OF THE EDUCATION ARTICLE; 17
(6) § 2–103.4 OF THE TRANSPORTATION ARTICLE; 18
(7) ANY OTHER APPLICABLE GRIEVANCE PROCEDU RE; OR 19
(8) ANY OTHER APPLICABLE COLLECTIVE BARGAININ G AGREEMENT . 20
(b) (1) Except as provided in paragraph (2) of this subsection, and 21
notwithstanding [§ 12–203 of this article] ANY STATUTORY OR REG ULATORY DEADLINE 22
IN ANY GRIEVANCE PRO CEDURE LISTED UNDER SUBSECTION (A) OF THIS SECTION , 23
a grievance under subsection (a) of this section shall be initiated within 20 days after the 24
failure to pay occurred. 25
(2) If the failure to pay is not known to, or discovered by, the employee 26
within 20 days after the failure to pay occurs, a grievance under subsection (a) of this 27
section may be initiated no later than 6 months after the date on which the failure to pay 28
occurred. 29
SENATE BILL 79 3
(c) (1) Subject to paragraphs (2) and (3) of this subsection, if a grievance is 1
initiated in accordance with subsection (a) of this section, an employee is entitled to wages 2
and damages unless the wage is withheld as a result of a bona fide dispute. 3
(2) If the grievance was filed: 4
(i) in the first 3 business days of a pay period, then damages shall 5
start in the following regular pay period; or 6
(ii) after the third business day of a pay period, then the damages 7
shall start in the second regular pay period following the pay period in which the employee 8
was not paid the employee’s full wage. 9
(3) The damages under paragraph (1) of this subsection: 10
(i) may not begin until at least 1 regular pay period has elapsed 11
since the employee was not paid the employee’s full wage due for a pay period; 12
(ii) shall increase per pay period by 30% of the wage that the 13
appointing authority failed to report; 14
(iii) shall continue until the pay period when the appointing 15
authority reports the missing wages and damages, if any, to the Central Payroll Bureau; 16
and 17
(iv) may not exceed 3 times the amount of wage due that the 18
appointing authority failed to report for a pay period. 19
(D) NOTWITHSTANDING THE DEFINITION OF GR IEVANCE UNDER § 20
13–201(C)(2) OF THE EDUCATION ARTICLE, A GRIEVANCE CONCERNI NG WAGES AS 21
DEFINED BY § 2–402(C)(1) OF THIS SUBTITLE , MAY NOT BE DENIED OR DISMISSED 22
BECAUSE THE GRIEVANCE RELATE S TO: 23
(1) GENERAL LEVELS OF WA GES; 24
(2) WAGE PATTERNS ; 25
(3) FRINGE BENEFITS ; OR 26
(4) OTHER BROAD AREAS OF FINANCIAL MANAGEMENT AND 27
STAFFING. 28
Article – Education 29
13–203. 30
4 SENATE BILL 79
(e) (1) The Chancellor or administrative law judge, as appropriate, shall have 1
the power to award back pay in any grievance and the president of the constituent 2
institution shall enforce such order. In any reclassification case in which the Chancellor or 3
administrative law judge, as appropriate, or his designated representative, determines that 4
an employee has been misclassified, the Chancellor or administrative law judge, as 5
appropriate, may, in his discretion, award back pay to the employee for a period not to 6
exceed one year prior to the initial filing of the grievance. 7
(2) AFTER A FINDING THAT WAGES WERE WITHHELD IN VIOLATION OF 8
§§ 2–402 AND 2–407 OF THE STATE PERSONNEL AND PENSIONS ARTICLE, THE 9
DECISION MAKER IN A GRIEVANCE PROCEDURE SHALL AWARD THE PAYM ENT OF 10
DAMAGES IN ACCORDANC E WITH § 2–407 OF THE STATE PERSONNEL AND PENSIONS 11
ARTICLE. 12
14–302. 13
(H) AFTER A FINDING THAT WAGES WERE WITHHELD IN VIOLATION OF §§ 14
2–402 AND 2–407 OF THE STATE PERSONNEL AND PENSIONS ARTICLE, THE 15
DECISION MAKER IN A GRIEVANCE PROCEDURE SHALL AWARD THE PAYM ENT OF 16
DAMAGES IN ACCORDANC E WITH § 2–407 OF THE STATE PERSONNEL AND PENSIONS 17
ARTICLE. 18
14–408. 19
(a) (1) (i) On the recommendation of the President, and in accordance with 20
the requirements of Title 3 of the State Personnel and Pensions Article, the Board of 21
Trustees of St. Mary’s College of Maryland shall establish a personnel system. 22
(ii) The personnel system established under subparagraph (i) of this 23
paragraph shall include provisions for consideration of hiring a contractual employee to fill 24
a vacant position in the same or similar classification in which the contractual employee is 25
employed. 26
(2) To carry out the requirements of this section, the Board: 27
(i) May establish and abolish positions; 28
(ii) May determine employee qualifications; 29
(iii) May establish terms of employment, including compensation, 30
benefits, holiday schedules, and leave policies; 31
(iv) May determine any other matters concerning employees; and 32
SENATE BILL 79 5
(v) Shall designate one or more representatives to participate as a 1
party in collective bargaining on behalf of the College in accordance with Title 3 of the State 2
Personnel and Pensions Article. 3
(b) The personnel system shall provide fair and equitable procedures for: 4
(1) The redress of employee grievances; and 5
(2) The hiring, promotion, and termination of employees in accordance 6
with law. 7
(c) THE EMPLOYEE GRIEVANC E PROCEDURES SHALL I NCLUDE REDRESS OF 8
ANY VIOLATION OF TITLE 2, SUBTITLE 4 OF THE STATE PERSONNEL AND PENSIONS 9
ARTICLE, INCLUDING THE AWARD AND PAYMENT OF DAMAG ES. 10
(D) (1) Except as provided in paragraph (2) of this subsection, an employee of 11
the College qualifies for and shall participate in the Employees’ Pension System of the State 12
of Maryland or the Teachers’ Pension System of the State of Maryland. 13
(2) An employee in a position determined by the Board to be a professional 14
or faculty position may join the optional retirement program under Title 30 of the State 15
Personnel and Pensions Article. 16
16–510. 17
(a) (1) All employees of the College are in an independent personnel system. 18
(2) The personnel system established under this subsection shall include 19
provisions for [consideration]: 20
(I) CONSIDERATION of hiring a contractual employee to fill a 21
vacant position in the same or similar classification in which the contractual employee is 22
employed; AND 23
(II) REDRESS OF ANY VIOLAT ION OF TITLE 2, SUBTITLE 4 OF 24
THE STATE PERSONNEL AND PENSIONS ARTICLE, INCLUDING THE AWARD AND 25
PAYMENT OF DAMAGES . 26
Article – Transportation 27
2–103.4. 28
(d) (1) The Secretary shall adopt regulations to govern the human resources 29
management system established under this section. 30
6 SENATE BILL 79
(2) The regulations shall address procedures for leave, appointment, 1
hiring, promotion, layoff, removal, termination, redress of grievances, as defined in § 2
12–101 of the State Personnel and Pensions Article AND CONSISTENT WITH § 2–407 OF 3
THE STATE PERSONNEL AND PENSIONS ARTICLE, and reinstatement of employees and 4
shall be presented to the Joint Committee on Administrative, Executive, and Legislative 5
Review under Title 10, Subtitle 1 of the State Government Article. 6
(3) The regulations shall provide that before taking any disciplinary action 7
related to employee misconduct, an appointing authority or designated representative 8
shall: 9
(i) Investigate the alleged misconduct; 10
(ii) Meet with the employee; 11
(iii) Consider any mitigating circumstances; 12
(iv) Determine the appropriate disciplinary action, if any, to be 13
imposed; and 14
(v) Give the employee a written notice of the disciplinary action to 15
be taken and the employee’s appeal rights. 16
(4) (i) The regulations shall provide that the appointing authority or 17
designated representative may suspend an employee, with or without pay, pending the 18
filing of charges for termination. 19
(ii) If an employee is suspended without pay, the appointing 20
authority or designated representative shall provide to the Secretary the charges for 21
termination within 30 calendar days after the first day of the suspension period. 22
(iii) If the appointing authority or designated representative files the 23
charges for termination after the 30–day period described in subparagraph (ii) of this 24
paragraph, the employee shall be placed on leave with pay until the Secretary receives the 25
charges. 26
(5) The regulations shall provide that an appointing authority or a 27
designated representative and an employee may agree to the holding in abeyance of a 28
disciplinary action for a period not to exceed 18 months in order to permit an employee to 29
improve conduct or performance. 30
(6) The employee grievance procedures shall include, at a minimum, the 31
following sequence of levels of appeal: 32
(i) Initially an aggrieved employee shall present any grievance to 33
the appointing authority or a designated representative, who shall render a written 34
decision; 35 SENATE BILL 79 7
(ii) Any appeal shall be presented to the Secretary or a designated 1
representative, who shall render a written decision; and 2
(iii) If the dispute is still unresolved, the aggrieved employee may 3
appeal to the Office of Administrative Hearings or a mutually agreed upon third party 4
arbiter that may not hear grievances relating to classification, salary, or fiscal matters. 5
(7) THE EMPLOYEE GRIEVANC E PROCEDURES SHALL I NCLUDE 6
REDRESS OF ANY VIOLA TION OF TITLE 2, SUBTITLE 4 OF THE STATE PERSONNEL 7
AND PENSIONS ARTICLE, INCLUDING THE AWARD AND PAYMENT OF DAMAG ES. 8
(8) The Secretary shall establish appeal procedures for disciplinary actions 9
through regulations and policy. 10
[(8)] (9) (i) During any stage of a complaint, grievance, or other 11
administrative or legal action that concerns State employment by a full–time or part–time 12
executive service, career service, or commission plan employee of the Department, or by a 13
temporary or contractual employee of the Department, the employee may not be subjected 14
to coercion, discrimination, interference, reprisal, or restraint by or initiated on behalf of 15
the Department solely as a result of that employee’s pursuit of a grievance, complaint, or 16
other administrative or legal action that concerns State employment. 17
(ii) An employee of the Department may not intentionally take or 18
assist in taking an act of coercion, discrimination, interference, reprisal, or restraint 19
against another employee solely as a result of that employee’s pursuit of a grievance, 20
complaint, or other administrative or legal action that concerns State employment. 21
(iii) An employee who violates the provisions of this paragraph is 22
subject to disciplinary action, including termination of employment. 23
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
October 1, 2023. 25