WES MOORE, Governor Ch. 232
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Chapter 232
(Senate Bill 79)
AN ACT concerning
State Personnel – Education and Transportation – Grievance Procedures
FOR the purpose of authorizing a certain employee or a certain exclusive representative to
initiate a grievance procedure under certain provisions of law; prohibiting the
dismissal of a grievance concerning wages for a certain reason; requiring certain
decision makers in a grievance procedure in certain higher education systems to
award certain damages under certain circumstances; requiring certain employee
grievance procedures and personnel systems to include certain redress for certain
violations; requiring regulations adopted by the Secretary of Transportation to be
consistent with certain provisions of law and include certain redress for certain
violations; and generally relating to grievance procedures for State personnel and
education and transportation employees.
BY repealing and reenacting, with amendments,
Article – State Personnel and Pensions
Section 2–407
Annotated Code of Maryland
(2015 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Education
Section 13–201(c), 13–203(e), 14–408, and 16–510(a)
Annotated Code of Maryland
(2022 Replacement Volume)
BY adding to
Article – Education
Section 14–302(h)
Annotated Code of Maryland
(2022 Replacement Volume)
BY repealing and reenacting, with amendments,
Article – Transportation
Section 2–103.4(d)
Annotated Code of Maryland
(2020 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – State Personnel and Pensions Ch. 232 2023 LAWS OF MARYLAND
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2–407.
(a) If an appointing authority does not report payroll information in accordance
with § 2–402 of this subtitle, the employee or the employee’s exclusive representative may
initiate a grievance under the grievance procedure established under:
(1) Title 12, Subtitle 2 of this article;
(2) TITLE 13, SUBTITLE 2 OF THE EDUCATION ARTICLE;
(3) TITLE 14, SUBTITLE 3 OF THE EDUCATION ARTICLE;
(4) § 14–408 OF THE EDUCATION ARTICLE;
(5) § 16–510(A) OF THE EDUCATION ARTICLE;
(6) § 2–103.4 OF THE TRANSPORTATION ARTICLE;
(7) ANY OTHER APPLICABLE GRIEVANCE PROCEDURE ; OR
(8) ANY OTHER APPLICABLE COLLECTIVE BARGAININ G AGREEMENT .
(b) (1) Except as provided in paragraph (2) of this subsection, and
notwithstanding [§ 12–203 of this article] ANY STATUTORY OR REG ULATORY DEADLINE
IN ANY GRIEVANCE PRO CEDURE LISTED UNDER SUBSECTION (A) OF THIS SECTION ,
a grievance under subsection (a) of this section shall be initiated within 20 days after the
failure to pay occurred.
(2) If the failure to pay is not known to, or discovered by, the employee
within 20 days after the failure to pay occurs, a grievance under subsection (a) of this
section may be initiated no later than 6 months after the date on which the failure to pay
occurred.
(c) (1) Subject to paragraphs (2) and (3) of this subsection, if a grievance is
initiated in accordance with subsection (a) of this section, an employee is entitled to wages
and damages unless the wage is withheld as a result of a bona fide dispute.
(2) If the grievance was filed:
(i) in the first 3 business days of a pay period, then damages shall
start in the following regular pay period; or
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(ii) after the third business day of a pay period, then the damages
shall start in the second regular pay period following the pay period in which the employee
was not paid the employee’s full wage.
(3) The damages under paragraph (1) of this subsection:
(i) may not begin until at least 1 regular pay period has elapsed
since the employee was not paid the employee’s full wage due for a pay period;
(ii) shall increase per pay period by 30% of the wage that the
appointing authority failed to report;
(iii) shall continue until the pay period when the appointing
authority reports the missing wages and damages, if any, to the Central Payroll Bureau;
and
(iv) may not exceed 3 times the amount of wage due that the
appointing authority failed to report for a pay period.
(D) NOTWITHSTANDING THE D EFINITION OF GRIEVAN CE UNDER §
13–201(C)(2) OF THE EDUCATION ARTICLE, A GRIEVANCE CONCERNI NG WAGES AS
DEFINED BY § 2–402(C)(1) OF THIS SUBTITLE , MAY NOT BE DENIED OR DISMISSED
BECAUSE THE GRIEVANC E RELATES TO:
(1) GENERAL LEVELS OF WA GES;
(2) WAGE PATTERNS ;
(3) FRINGE BENEFITS ; OR
(4) OTHER BROAD AREAS OF FINANCIAL MANAGEMENT AND
STAFFING.
Article – Education
13–201.
(c) (1) “Grievance” means any cause of complaint arising between a regular
full–time or part–time employee and the University on a matter concerning discipline,
alleged discrimination, promotion, assignment, or interpretation or application of
University rules or departmental procedures over which the University management has
control.
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(2) “GRIEVANCE” INCLUDES, NOTWITHSTANDING ANY OTHER
PROVISION OF THIS SU BSECTION, A CAUSE OF COMPLAINT ARISING UNDER §§ 2–402
AND 2–407 OF THE STATE PERSONNEL AND PENSIONS ARTICLE.
[(2)] (3) “Grievance” does not include:
(i) Complaints on the general level of wages, wage patterns, fringe
benefits, or other broad areas of financial management and staffing; or
(ii) Any cause of complaint by any employee who is not represented
by an exclusive representative under Title 3 of the State Personnel and Pensions Article.
13–203.
(e) (1) The Chancellor or administrative law judge, as appropriate, shall have
the power to award back pay in any grievance and the president of the constituent
institution shall enforce such order. In any reclassification case in which the Chancellor or
administrative law judge, as appropriate, or his designated representative, determines that
an employee has been misclassified, the Chancellor or administrative law judge, as
appropriate, may, in his discretion, award back pay to the employee for a period not to
exceed one year prior to the initial filing of the grievance.
(2) AFTER A FINDING THAT WAGES WERE WITHHELD IN VIOLATION OF
§§ 2–402 AND 2–407 OF THE STATE PERSONNEL AND PENSIONS ARTICLE, THE
DECISION MAKER IN A GRIEVANCE PROCEDURE SHALL AWARD THE PAYM ENT OF
DAMAGES IN ACCORDANC E WITH § 2–407 OF THE STATE PERSONNEL AND PENSIONS
ARTICLE.
14–302.
(H) AFTER A FINDING THAT WAGES WERE WITHHELD IN VIOLATION OF §§
2–402 AND 2–407 OF THE STATE PERSONNEL AND PENSIONS ARTICLE, THE
DECISION MAKER IN A GRIEVANCE PROCEDURE SHALL AWARD THE PAYM ENT OF
DAMAGES IN ACCORDANC E WITH § 2–407 OF THE STATE PERSONNEL AND PENSIONS
ARTICLE.
14–408.
(a) (1) (i) On the recommendation of the President, and in accordance with
the requirements of Title 3 of the State Personnel and Pensions Article, the Board of
Trustees of St. Mary’s College of Maryland shall establish a personnel system.
(ii) The personnel system established under subparagraph (i) of this
paragraph shall include provisions for consideration of hiring a contractual employee to fill WES MOORE, Governor Ch. 232
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a vacant position in the same or similar classification in which the contractual employee is
employed.
(2) To carry out the requirements of this section, the Board:
(i) May establish and abolish positions;
(ii) May determine employee qualifications;
(iii) May establish terms of employment, including compensation,
benefits, holiday schedules, and leave policies;
(iv) May determine any other matters concerning employees; and
(v) Shall designate one or more representatives to participate as a
party in collective bargaining on behalf of the College in accordance with Title 3 of the State
Personnel and Pensions Article.
(b) The personnel system shall provide fair and equitable procedures for:
(1) The redress of employee grievances; and
(2) The hiring, promotion, and termination of employees in accordance
with law.
(c) THE EMPLOYEE GRIEVANC E PROCEDURES SHALL INCLUDE REDRES S OF
ANY VIOLATION OF TITLE 2, SUBTITLE 4 OF THE STATE PERSONNEL AND PENSIONS
ARTICLE, INCLUDING THE AWARD AND PAYMENT OF DAMAG ES.
(D) (1) Except as provided in paragraph (2) of this subsection, an employee of
the College qualifies for and shall participate in the Employees’ Pension System of the State
of Maryland or the Teachers’ Pension System of the State of Maryland.
(2) An employee in a position determined by the Board to be a professional
or faculty position may join the optional retirement program under Title 30 of the State
Personnel and Pensions Article.
16–510.
(a) (1) All employees of the College are in an independent personnel system.
(2) The personnel system established under this subsection shall include
provisions for [consideration]:
Ch. 232 2023 LAWS OF MARYLAND
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(I) CONSIDERATION of hiring a contractual employee to fill a
vacant position in the same or similar classification in which the contractual employee is
employed; AND
(II) REDRESS OF ANY VIOLAT ION OF TITLE 2, SUBTITLE 4 OF
THE STATE PERSONNEL AND PENSIONS ARTICLE, INCLUDING THE AWARD AND
PAYMENT OF DAMAGES .
Article – Transportation
2–103.4.
(d) (1) The Secretary shall adopt regulations to govern the human resources
management system established under this section.
(2) The regulations shall address procedures for leave, appointment,
hiring, promotion, layoff, removal, termination, redress of grievances, as defined in §
12–101 of the State Personnel and Pensions Article AND CONSISTENT WITH § 2–407 OF
THE STATE PERSONNEL AND PENSIONS ARTICLE, and reinstatement of employees and
shall be presented to the Joint Committee on Administrative, Executive, and Legislative
Review under Title 10, Subtitle 1 of the State Government Article.
(3) The regulations shall provide that before taking any disciplinary action
related to employee misconduct, an appointing authority or designated representative
shall:
(i) Investigate the alleged misconduct;
(ii) Meet with the employee;
(iii) Consider any mitigating circumstances;
(iv) Determine the appropriate disciplinary action, if any, to be
imposed; and
(v) Give the employee a written notice of the disciplinary action to
be taken and the employee’s appeal rights.
(4) (i) The regulations shall provide that the appointing authority or
designated representative may suspend an employee, with or without pay, pending the
filing of charges for termination.
(ii) If an employee is suspended without pay, the appointing
authority or designated representative shall provide to the Secretary the charges for
termination within 30 calendar days after the first day of the suspension period. WES MOORE, Governor Ch. 232
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(iii) If the appointing authority or designated representative files the
charges for termination after the 30–day period described in subparagraph (ii) of this
paragraph, the employee shall be placed on leave with pay until the Secretary receives the
charges.
(5) The regulations shall provide that an appointing authority or a
designated representative and an employee may agree to the holding in abeyance of a
disciplinary action for a period not to exceed 18 months in order to permit an employee to
improve conduct or performance.
(6) The employee grievance procedures shall include, at a minimum, the
following sequence of levels of appeal:
(i) Initially an aggrieved employee shall present any grievance to
the appointing authority or a designated representative, who shall render a written
decision;
(ii) Any appeal shall be presented to the Secretary or a designated
representative, who shall render a written decision; and
(iii) If the dispute is still unresolved, the aggrieved employee may
appeal to the Office of Administrative Hearings or a mutually agreed upon third party
arbiter that may not hear grievances relating to classification, salary, or fiscal matters.
(7) THE EMPLOYEE GRIEVANC E PROCEDURES SHALL I NCLUDE
REDRESS OF ANY VIOLA TION OF TITLE 2, SUBTITLE 4 OF THE STATE PERSONNEL
AND PENSIONS ARTICLE, INCLUDING THE AWARD AND PAYMENT OF DAMAG ES.
(8) The Secretary shall establish appeal procedures for disciplinary actions
through regulations and policy.
[(8)] (9) (i) During any stage of a complaint, grievance, or other
administrative or legal action that concerns State employment by a full–time or part–time
executive service, career service, or commission plan employee of the Department, or by a
temporary or contractual employee of the Department, the employee may not be subjected
to coercion, discrimination, interference, reprisal, or restraint by or initiated on behalf of
the Department solely as a result of that employee’s pursuit of a grievance, complaint, or
other administrative or legal action that concerns State employment.
(ii) An employee of the Department may not intentionally take or
assist in taking an act of coercion, discrimination, interference, reprisal, or restraint
against another employee solely as a result of that employee’s pursuit of a grievance,
complaint, or other administrative or legal action that concerns State employment.
Ch. 232 2023 LAWS OF MARYLAND
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(iii) An employee who violates the provisions of this paragraph is
subject to disciplinary action, including termination of employment.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2023.
Approved by the Governor, April 24, 2023.