EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0260*
HOUSE BILL 260
P4 4lr1107
CF SB 192
By: Delegate Chang
Introduced and read first time: January 12, 2024
Assigned to: Appropriations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 20, 2024
CHAPTER ______
AN ACT concerning 1
State Personnel – Collective Bargaining – Supervisory Employees 2
FOR the purpose of providing collective bargaining rights to certain supervisory State 3
employees; establishing separate bargaining units for certain supervisory State 4
employees; and generally relating to collective bargaining for supervisory State 5
employees. 6
BY repealing and reenacting, with amendments, 7
Article – State Personnel and Pensions 8
Section 3–102 9
Annotated Code of Maryland 10
(2015 Replacement Volume and 2023 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – State Personnel and Pensions 14
3–102. 15
(a) Except as provided in this title or as otherwise provided by law, this title 16
applies to: 17
(1) all employees of: 18
2 HOUSE BILL 260
(i) the principal departments within the Executive Branch of State 1
government; 2
(ii) the Maryland Insurance Administration; 3
(iii) the State Department of Assessments and Taxation; 4
(iv) the State Lottery and Gaming Control Agency; 5
(v) the University System of Maryland, Morgan State University, 6
St. Mary’s College of Maryland, and Baltimore City Community College; 7
(vi) the Comptroller; 8
(vii) the Maryland Transportation Authority who are not police 9
officers; 10
(viii) the State Retirement Agency; 11
(ix) the State Department of Education; 12
(x) the Maryland Environmental Service; 13
(xi) the Maryland School for the Deaf; and 14
(xii) the Office of the Public Defender; 15
(2) firefighters for the Martin State Airport at the rank of captain or below 16
who are employed by the Military Department; and 17
(3) all full–time Maryland Transportation Authority police officers at the 18
rank of first sergeant and below. 19
(b) This title does not apply to: 20
(1) employees of the Maryland Transit Administration, as that term is 21
defined in § 7–601(a)(2) of the Transportation Article; 22
(2) an employee who is elected to the position by popular vote; 23
(3) an employee in a position by election or appointment that is provided 24
for by the Maryland Constitution; 25
(4) an employee who is: 26
(i) a special appointment in the State Personnel Management 27
System; or 28 HOUSE BILL 260 3
(ii) 1. directly appointed by the Governor by an appointment 1
that is not provided for by the Maryland Constitution; 2
2. appointed by or on the staff of the Governor or Lieutenant 3
Governor; or 4
3. assigned to the Government House or the Governor ’s 5
Office; 6
(5) an employee assigned to the Board or with access to records of the 7
Board; 8
(6) an employee in: 9
(i) the executive service of the State Personnel Management 10
System; or 11
(ii) a unit of the Executive Branch with an independent personnel 12
system who is: 13
1. the chief administrator of the unit or a comparable 14
position that is not excluded under item (3) of this subsection as a constitutional or elected 15
office; or 16
2. a deputy or assistant administrator of the unit or a 17
comparable position; 18
(7) (i) a temporary or contractual employee in the State Personnel 19
Management System; or 20
(ii) a contractual, temporary, or emergency employee in a unit of the 21
Executive Branch with an independent personnel system; 22
(8) an employee who is entitled to participate in collective bargaining 23
under another law; 24
(9) an employee of the University System of Maryland, Morgan State 25
University, St. Mary’s College of Maryland, or Baltimore City Community College who is: 26
(i) a chief administrator or in a comparable position; 27
(ii) a deputy, associate, or assistant administrator or in a 28
comparable position; 29
(iii) a member of the faculty, including a faculty librarian; 30
4 HOUSE BILL 260
(iv) a student employee, including a teaching assistant or a 1
comparable position, fellow, or post doctoral intern; 2
(v) a contingent, contractual, temporary, or emergency employee; 3
(vi) a contingent, contractual, or temporary employee whose position 4
is funded through a research or service grant or contract, or through clinical revenues; or 5
(vii) an employee whose regular place of employment is outside the 6
State of Maryland; 7
(10) an employee whose participation in a labor organization would be 8
contrary to the State’s ethics laws; 9
(11) any [supervisory,] managerial[,] or confidential employee of a unit of 10
State government listed in subsection (a)(1)(i) through (iv) and (vi) through (xi) (XII) of this 11
section, as defined in regulations adopted by the Secretary; 12
(12) any supervisory, managerial, or confidential employee of a State 13
institution of higher education listed in subsection (a)(1)(v) of this section, as defined in 14
regulations adopted by the governing board of the institution; or 15
(13) any employee described in subsection (a)(2) of this section who is a 16
[supervisory,] managerial[,] or confidential employee, as defined in regulations adopted by 17
the Secretary. 18
(c) Employees, employers, and exclusive representatives subject to this title are 19
subject to the provisions of Title 22 of the State Government Article. 20
(d) (1) Subject to Title 22, Subtitle 4 of the State Government Article, a 21
bargaining unit shall consist only of employees defined in regulations adopted by the 22
Secretary and not specifically excluded by subsection (b) of this section. 23
(2) (i) Each system institution, Morgan State University, St. Mary’s 24
College of Maryland, and Baltimore City Community College shall have separate 25
bargaining units. 26
(ii) Appropriate bargaining units shall consist of: 27
1. all eligible nonexempt employees, as described in the 28
federal Fair Labor Standards Act, except eligible sworn police officers; 29
2. all eligible exempt employees, as described in the federal 30
Fair Labor Standards Act; and 31
3. all eligible sworn police officers. 32
HOUSE BILL 260 5
(3) (i) Except as provided in subparagraph (ii) of this paragraph, the 1
Secretary or the Secretary’s designee shall have the authority to assign classification titles 2
and positions to bargaining units as appropriate. 3
(ii) The following individuals and entities shall assign classification 4
titles and positions to bargaining units at the following institutions: 5
1. at a system institution, the President of the system 6
institution; and 7
2. at Morgan State University, St. Mary’s College of 8
Maryland, or Baltimore City Community College, the governing board of the institution. 9
(4) Notwithstanding any other provision of law: 10
(i) Maryland Transportation Authority police officers at the rank of 11
first sergeant and below shall have a separate bargaining unit; [and] 12
(ii) faculty at the Maryland School for the Deaf shall have a separate 13
bargaining unit; AND 14
(III) SUPERVISORY EMPLOYEE S OF UNITS OF STATE 15
GOVERNMENT LISTED IN SUBSECTION (A)(1)(I) THROUGH (IV), AND (VI) THROUGH 16
(VIII), OR (XI) OR (2) (XII) OF THIS SECTION WHO ARE NOT CONFIDENTIAL 17
EMPLOYEES SHALL HAVE A SEPARATE BARGAININ G UNIT. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2024. 20
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.