EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0493*
HOUSE BILL 493
P4, F5 4lr1474
CF 4lr1475
By: Delegates Foley, Lehman, Acevero, Bhandari, Boafo, Charkoudian, Edelson,
Forbes, Fraser–Hidalgo, Guyton, Guzzone, Harris, Harrison, A. Johnson,
Kaufman, J. Lewis, J. Long, Lopez, Martinez, McCaskill, Palakovich Carr,
Pasteur, Rogers, Ruth, Shetty, Simmons, Simpson, Solomon, Spiegel,
Stewart, Terrasa, Turner, Vogel, Williams, Wims, Wolek, Wu, and Young
Introduced and read first time: January 24, 2024
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
State Personnel – Collective Bargaining – Faculty, Part–Time Faculty, Post 2
Doctoral Associates, and Graduate Assistants 3
FOR the purpose of providing collective bargaining rights to certain faculty, part–time 4
faculty, post doctoral associates, and graduate assistants at certain State 5
institutions of higher education; establishing separate collective bargaining units for 6
the faculty, part–time faculty, post doctoral associates, and graduate assistants; 7
altering the application of certain collective bargaining laws to supervisory, 8
managerial, and confidential employees of a State institution of higher education; 9
and generally relating to collective bargaining for faculty, part–time faculty, post 10
doctoral associates, and graduate students at public institutions of higher education. 11
BY repealing and reenacting, without amendments, 12
Article – State Government 13
Section 22–101(a) 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2023 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – State Government 18
Section 22–101(d) 19
Annotated Code of Maryland 20
(2021 Replacement Volume and 2023 Supplement) 21
BY repealing and reenacting, with amendments, 22
Article – State Personnel and Pensions 23
Section 3–101 and 3–102(b)(9) and (12) and (d)(2) 24 2 HOUSE BILL 493
Annotated Code of Maryland 1
(2015 Replacement Volume and 2023 Supplement) 2
BY repealing and reenacting, without amendments, 3
Article – State Personnel and Pensions 4
Section 3–102(b)(10), (11), and (13) 5
Annotated Code of Maryland 6
(2015 Replacement Volume and 2023 Supplement) 7
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
That the Laws of Maryland read as follows: 9
Article – State Government 10
22–101. 11
(a) In this title the following words have the meanings indicated. 12
(d) “Employee organization” means a labor organization in which public 13
employees OR, AS DEFINED IN § 3–101 OF THE STATE PERSONNEL AND PENSIONS 14
ARTICLE, FACULTY, PART–TIME FACULTY , POST DOCTORAL ASSOCIATES, OR 15
GRADUATE ASSISTANTS participate and that has as one of its primary purposes 16
representing public employees. 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 the Public Employee Relations Board. 21
(c) “Chancellor” has the meaning stated in § 12–101 of the Education Article. 22
(d) “Collective bargaining” means: 23
(1) good faith negotiations by authorized representatives of employees and 24
their employer with the intention of: 25
(i) 1. reaching an agreement about wages, hours, and other 26
terms and conditions of employment; and 27
2. incorporating the terms of the agreement in a written 28
memorandum of understanding or other written understanding; or 29
(ii) clarifying terms and conditions of employment; 30
HOUSE BILL 493 3
(2) administration of terms and conditions of employment; or 1
(3) the voluntary adjustment of a dispute or disagreement between 2
authorized representatives of employees and their employer that arises under a 3
memorandum of understanding or other written understanding. 4
(e) “Employee organization” has the meaning stated in § 22–101 of the State 5
Government Article. 6
(f) “Exclusive representative” has the meaning stated in § 22–101 of the State 7
Government Article. 8
(G) (1) “FACULTY” MEANS EMPLOYEES OF A SYSTEM INSTITUTION , 9
MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF MARYLAND WHOSE 10
ASSIGNMENT S INVOLVE ACADEMIC RES PONSIBILITIES, INCLUDING TEACHERS , 11
SCIENTISTS, RESEARCHERS , ACADEMIC ADVISORS , DEPARTMENT HEADS , 12
DEPARTMENT CHAIRS , AND THOSE IN COMPARA BLE POSITIONS. 13
(2) “FACULTY” DOES NOT INCLUDE OFF ICERS, SUPERVISORY 14
EMPLOYEES, CONFIDENTIAL EMPLOYE ES, PART–TIME FACULTY , POST DOCTORAL 15
ASSOCIATES, OR GRADUATE ASSISTAN TS. 16
[(g)] (H) (1) “Faculty at the Maryland School for the Deaf” means employees 17
who have been granted the following status by the Board of Trustees of the Maryland 18
School for the Deaf: 19
(i) after–school program counselors; 20
(ii) American Sign Language specialists; 21
(iii) athletic trainers; 22
(iv) behavior specialists; 23
(v) clerical aides; 24
(vi) dorm counselors; 25
(vii) employment specialists; 26
(viii) instructional technology resource specialists; 27
(ix) librarians; 28
(x) literacy and reading specialists; 29
4 HOUSE BILL 493
(xi) occupational therapists; 1
(xii) orientation and mobility specialists; 2
(xiii) physical therapists; 3
(xiv) school counselors; 4
(xv) school IEP coordinators; 5
(xvi) school nurses; 6
(xvii) school social workers; 7
(xviii) speech–language pathologists; 8
(xix) student support specialists; 9
(xx) teachers; 10
(xxi) teacher aides; 11
(xxii) transition coordinators; and 12
(xxiii) work–to–learn specialists. 13
(2) “Faculty at the Maryland School for the Deaf” does not include officers 14
or supervisory employees at the Maryland School for the Deaf. 15
(I) “GRADUATE ASSISTANT ” MEANS A GRADUATE STU DENT AT A SYSTEM 16
INSTITUTION, MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF 17
MARYLAND WHO IS A TEA CHING, ADMINISTRATIVE , OR RESEARCH ASSISTAN T, OR IN 18
A COMPARABLE POSITIO N, OR A FELLOW. 19
(J) “PART–TIME FACULTY” MEANS EMPLOYEES OF A SYSTEM INSTITUTION , 20
MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF MARYLAND WHOSE 21
ASSIGNMENT S INVOLVE ACADEMIC RES PONSIBILITIES, INCLUDING TEACHERS , 22
SCIENTISTS, RESEARCHERS , ACADEMIC ADVISORS , DEPARTMENT HEADS , AND 23
THOSE IN COMPARA BLE POSITIONS WHO AR E DESIGNATED WITH PA RT–TIME 24
FACULTY STATUS BY TH E PRESIDENT. 25
(K) “POST DOCTORAL ASSOCIA TE” MEANS AN EMPLOYEE –TRAINEE AT A 26
SYSTEM INSTITUTION , MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF 27
MARYLAND WHO IS A DOC TORAL DEGREE HOLDER WHOSE ASSIGNMENTS ARE 28
PRIMARILY RESEARCH O R IN A COMPARABLE POSITION . 29
HOUSE BILL 493 5
[(h)] (L) “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 Maryland 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)] (M) “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
(b) This title does not apply to: 17
(9) an employee of the University System of Maryland, Morgan State 18
University, St. Mary’s College of Maryland, or Baltimore City Community College who is: 19
(i) a chief administrator or in a comparable position; 20
(ii) a deputy, associate, or assistant administrator or in a 21
comparable position; 22
(iii) [a member of the faculty, including a faculty librarian; 23
(iv) a] AN UNDERGRADUATE student employee[, including a 24
teaching assistant or a comparable position, fellow, or post doctoral intern]; 25
[(v)] (IV) a contingent, contractual, temporary, or emergency 26
employee, EXCEPT FOR PART–TIME FACULTY , A GRADUATE ASSISTANT , OR A POST 27
DOCTORAL ASSOCIATE ; 28
6 HOUSE BILL 493
[(vi)] (V) a contingent, contractual, or temporary employee whose 1
position is funded through a research or service grant or contract, or through clinical 2
revenues, EXCEPT FOR PART–TIME FACULTY , A GRADUATE ASSISTANT , OR A POST 3
DOCTORAL ASSOCIATE ; or 4
[(vii)] (VI) an employee whose regular place of employment is outside 5
the State of Maryland; 6
(10) an employee whose participation in a labor organization would be 7
contrary to the State’s ethics laws; 8
(11) any supervisory, managerial, or confidential employee of a unit of State 9
government listed in subsection (a)(1)(i) through (iv) and (vi) through (xi) of this section, as 10
defined in regulations adopted by the Secretary; 11
(12) any supervisory, managerial, or confidential employee of a State 12
institution of higher education listed in subsection (a)(1)(v) of this section[, as defined in 13
regulations adopted by the governing board of the institution]; or 14
(13) any employee described in subsection (a)(2) of this section who is a 15
supervisory, managerial, or confidential employee, as defined in regulations adopted by the 16
Secretary. 17
(d) (2) (i) Each system institution, Morgan State University, St. Mary’s 18
College of Maryland, and Baltimore City Community College shall have separate 19
bargaining units. 20
(ii) Appropriate bargaining units shall consist of: 21
1. all eligible nonexempt employees, as described in the 22
federal Fair Labor Standards Act, except eligible sworn police officers; 23
2. all eligible exempt employees, as described in the federal 24
Fair Labor Standards Act; [and] 25
3. all eligible sworn police officers; 26
4. FACULTY; 27
5. PART–TIME FACULTY; 28
6. GRADUATE ASSISTANTS ; AND 29
7. POST DOCTORAL ASSOCIATES. 30
HOUSE BILL 493 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2024. 2