Maryland 2024 Regular Session

Maryland House Bill HB493 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0493
6	6
7	7	HOUSE BILL 493
8	8	P4, F5 4lr1474
9	9	CF 4lr1475
10	10	By: Delegates Foley, Lehman, Acevero, Bhandari, Boafo, Charkoudian, Edelson,
11	11	Forbes, Fraser–Hidalgo, Guyton, Guzzone, Harris, Harrison, A. Johnson,
12	12	Kaufman, J. Lewis, J. Long, Lopez, Martinez, McCaskill, Palakovich Carr,
13	13	Pasteur, Rogers, Ruth, Shetty, Simmons, Simpson, Solomon, Spiegel,
14	14	Stewart, Terrasa, Turner, Vogel, Williams, Wims, Wolek, Wu, and Young
15	15	Introduced and read first time: January 24, 2024
16	16	Assigned to: Appropriations
17	17
18	18	A BILL ENTITLED
19	19
20	20	AN ACT concerning 1
21	21
22	22	State Personnel – Collective Bargaining – Faculty, Part–Time Faculty, Post 2
23	23	Doctoral Associates, and Graduate Assistants 3
24	24
25	25	FOR the purpose of providing collective bargaining rights to certain faculty, part–time 4
26	26	faculty, post doctoral associates, and graduate assistants at certain State 5
27	27	institutions of higher education; establishing separate collective bargaining units for 6
28	28	the faculty, part–time faculty, post doctoral associates, and graduate assistants; 7
29	29	altering the application of certain collective bargaining laws to supervisory, 8
30	30	managerial, and confidential employees of a State institution of higher education; 9
31	31	and generally relating to collective bargaining for faculty, part–time faculty, post 10
32	32	doctoral associates, and graduate students at public institutions of higher education. 11
33	33
34	34	BY repealing and reenacting, without amendments, 12
35	35	Article – State Government 13
36	36	Section 22–101(a) 14
37	37	Annotated Code of Maryland 15
38	38	(2021 Replacement Volume and 2023 Supplement) 16
39	39
40	40	BY repealing and reenacting, with amendments, 17
41	41	Article – State Government 18
42	42	Section 22–101(d) 19
43	43	Annotated Code of Maryland 20
44	44	(2021 Replacement Volume and 2023 Supplement) 21
45	45
46	46	BY repealing and reenacting, with amendments, 22
47	47	Article – State Personnel and Pensions 23
48	48	Section 3–101 and 3–102(b)(9) and (12) and (d)(2) 24 2 HOUSE BILL 493
49	49
50	50
51	51	Annotated Code of Maryland 1
52	52	(2015 Replacement Volume and 2023 Supplement) 2
53	53
54	54	BY repealing and reenacting, without amendments, 3
55	55	Article – State Personnel and Pensions 4
56	56	Section 3–102(b)(10), (11), and (13) 5
57	57	Annotated Code of Maryland 6
58	58	(2015 Replacement Volume and 2023 Supplement) 7
59	59
60	60	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
61	61	That the Laws of Maryland read as follows: 9
62	62
63	63	Article – State Government 10
64	64
65	65	22–101. 11
66	66
67	67	(a) In this title the following words have the meanings indicated. 12
68	68
69	69	(d) “Employee organization” means a labor organization in which public 13
70	70	employees OR, AS DEFINED IN § 3–101 OF THE STATE PERSONNEL AND PENSIONS 14
71	71	ARTICLE, FACULTY, PART–TIME FACULTY , POST DOCTORAL ASSOCIATES, OR 15
72	72	GRADUATE ASSISTANTS participate and that has as one of its primary purposes 16
73	73	representing public employees. 17
74	74
75	75	Article – State Personnel and Pensions 18
76	76
77	77	3–101. 19
78	78
79	79	(a) In this title the following words have the meanings indicated. 20
80	80
81	81	(b) “Board” means the Public Employee Relations Board. 21
82	82
83	83	(c) “Chancellor” has the meaning stated in § 12–101 of the Education Article. 22
84	84
85	85	(d) “Collective bargaining” means: 23
86	86
87	87	(1) good faith negotiations by authorized representatives of employees and 24
88	88	their employer with the intention of: 25
89	89
90	90	(i) 1. reaching an agreement about wages, hours, and other 26
91	91	terms and conditions of employment; and 27
92	92
93	93	2. incorporating the terms of the agreement in a written 28
94	94	memorandum of understanding or other written understanding; or 29
95	95
96	96	(ii) clarifying terms and conditions of employment; 30
97	97	HOUSE BILL 493 3
98	98
99	99
100	100	(2) administration of terms and conditions of employment; or 1
101	101
102	102	(3) the voluntary adjustment of a dispute or disagreement between 2
103	103	authorized representatives of employees and their employer that arises under a 3
104	104	memorandum of understanding or other written understanding. 4
105	105
106	106	(e) “Employee organization” has the meaning stated in § 22–101 of the State 5
107	107	Government Article. 6
108	108
109	109	(f) “Exclusive representative” has the meaning stated in § 22–101 of the State 7
110	110	Government Article. 8
111	111
112	112	(G) (1) “FACULTY” MEANS EMPLOYEES OF A SYSTEM INSTITUTION , 9
113	113	MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF MARYLAND WHOSE 10
114	114	ASSIGNMENT S INVOLVE ACADEMIC RES PONSIBILITIES, INCLUDING TEACHERS , 11
115	115	SCIENTISTS, RESEARCHERS , ACADEMIC ADVISORS , DEPARTMENT HEADS , 12
116	116	DEPARTMENT CHAIRS , AND THOSE IN COMPARA BLE POSITIONS. 13
117	117
118	118	(2) “FACULTY” DOES NOT INCLUDE OFF ICERS, SUPERVISORY 14
119	119	EMPLOYEES, CONFIDENTIAL EMPLOYE ES, PART–TIME FACULTY , POST DOCTORAL 15
120	120	ASSOCIATES, OR GRADUATE ASSISTAN TS. 16
121	121
122	122	[(g)] (H) (1) “Faculty at the Maryland School for the Deaf” means employees 17
123	123	who have been granted the following status by the Board of Trustees of the Maryland 18
124	124	School for the Deaf: 19
125	125
126	126	(i) after–school program counselors; 20
127	127
128	128	(ii) American Sign Language specialists; 21
129	129
130	130	(iii) athletic trainers; 22
131	131
132	132	(iv) behavior specialists; 23
133	133
134	134	(v) clerical aides; 24
135	135
136	136	(vi) dorm counselors; 25
137	137
138	138	(vii) employment specialists; 26
139	139
140	140	(viii) instructional technology resource specialists; 27
141	141
142	142	(ix) librarians; 28
143	143
144	144	(x) literacy and reading specialists; 29
145	145	4 HOUSE BILL 493
146	146
147	147
148	148	(xi) occupational therapists; 1
149	149
150	150	(xii) orientation and mobility specialists; 2
151	151
152	152	(xiii) physical therapists; 3
153	153
154	154	(xiv) school counselors; 4
155	155
156	156	(xv) school IEP coordinators; 5
157	157
158	158	(xvi) school nurses; 6
159	159
160	160	(xvii) school social workers; 7
161	161
162	162	(xviii) speech–language pathologists; 8
163	163
164	164	(xix) student support specialists; 9
165	165
166	166	(xx) teachers; 10
167	167
168	168	(xxi) teacher aides; 11
169	169
170	170	(xxii) transition coordinators; and 12
171	171
172	172	(xxiii) work–to–learn specialists. 13
173	173
174	174	(2) “Faculty at the Maryland School for the Deaf” does not include officers 14
175	175	or supervisory employees at the Maryland School for the Deaf. 15
176	176
177	177	(I) “GRADUATE ASSISTANT ” MEANS A GRADUATE STU DENT AT A SYSTEM 16
178	178	INSTITUTION, MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF 17
179	179	MARYLAND WHO IS A TEA CHING, ADMINISTRATIVE , OR RESEARCH ASSISTAN T, OR IN 18
180	180	A COMPARABLE POSITIO N, OR A FELLOW. 19
181	181
182	182	(J) “PART–TIME FACULTY” MEANS EMPLOYEES OF A SYSTEM INSTITUTION , 20
183	183	MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF MARYLAND WHOSE 21
184	184	ASSIGNMENT S INVOLVE ACADEMIC RES PONSIBILITIES, INCLUDING TEACHERS , 22
185	185	SCIENTISTS, RESEARCHERS , ACADEMIC ADVISORS , DEPARTMENT HEADS , AND 23
186	186	THOSE IN COMPARA BLE POSITIONS WHO AR E DESIGNATED WITH PA RT–TIME 24
187	187	FACULTY STATUS BY TH E PRESIDENT. 25
188	188
189	189	(K) “POST DOCTORAL ASSOCIA TE” MEANS AN EMPLOYEE –TRAINEE AT A 26
190	190	SYSTEM INSTITUTION , MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF 27
191	191	MARYLAND WHO IS A DOC TORAL DEGREE HOLDER WHOSE ASSIGNMENTS ARE 28
192	192	PRIMARILY RESEARCH O R IN A COMPARABLE POSITION . 29
193	193	HOUSE BILL 493 5
194	194
195	195
196	196	[(h)] (L) “President” means: 1
197	197
198	198	(1) with regard to a constituent institution, as defined in § 12–101 of the 2
199	199	Education Article, the president of the constituent institution; 3
200	200
201	201	(2) with regard to a center or institute, as those terms are defined in § 4
202	202	12–101 of the Education Article, the president of the center or institute; 5
203	203
204	204	(3) with regard to the University System of Maryland Office, the 6
205	205	Chancellor of the University System of Maryland; and 7
206	206
207	207	(4) with regard to Morgan State University, St. Mary’s College of 8
208	208	Maryland, and Baltimore City Community College, the president of the institution. 9
209	209
210	210	[(i)] (M) “System institution” means: 10
211	211
212	212	(1) a constituent institution, as defined in § 12–101 of the Education 11
213	213	Article; 12
214	214
215	215	(2) a center or institute, as those terms are defined in § 12–101 of the 13
216	216	Education Article; and 14
217	217
218	218	(3) the University System of Maryland Office. 15
219	219
220	220	3–102. 16
221	221
222	222	(b) This title does not apply to: 17
223	223
224	224	(9) an employee of the University System of Maryland, Morgan State 18
225	225	University, St. Mary’s College of Maryland, or Baltimore City Community College who is: 19
226	226
227	227	(i) a chief administrator or in a comparable position; 20
228	228
229	229	(ii) a deputy, associate, or assistant administrator or in a 21
230	230	comparable position; 22
231	231
232	232	(iii) [a member of the faculty, including a faculty librarian; 23
233	233
234	234	(iv) a] AN UNDERGRADUATE student employee[, including a 24
235	235	teaching assistant or a comparable position, fellow, or post doctoral intern]; 25
236	236
237	237	[(v)] (IV) a contingent, contractual, temporary, or emergency 26
238	238	employee, EXCEPT FOR PART–TIME FACULTY , A GRADUATE ASSISTANT , OR A POST 27
239	239	DOCTORAL ASSOCIATE ; 28
240	240	6 HOUSE BILL 493
241	241
242	242
243	243	[(vi)] (V) a contingent, contractual, or temporary employee whose 1
244	244	position is funded through a research or service grant or contract, or through clinical 2
245	245	revenues, EXCEPT FOR PART–TIME FACULTY , A GRADUATE ASSISTANT , OR A POST 3
246	246	DOCTORAL ASSOCIATE ; or 4
247	247
248	248	[(vii)] (VI) an employee whose regular place of employment is outside 5
249	249	the State of Maryland; 6
250	250
251	251	(10) an employee whose participation in a labor organization would be 7
252	252	contrary to the State’s ethics laws; 8
253	253
254	254	(11) any supervisory, managerial, or confidential employee of a unit of State 9
255	255	government listed in subsection (a)(1)(i) through (iv) and (vi) through (xi) of this section, as 10
256	256	defined in regulations adopted by the Secretary; 11
257	257
258	258	(12) any supervisory, managerial, or confidential employee of a State 12
259	259	institution of higher education listed in subsection (a)(1)(v) of this section[, as defined in 13
260	260	regulations adopted by the governing board of the institution]; or 14
261	261
262	262	(13) any employee described in subsection (a)(2) of this section who is a 15
263	263	supervisory, managerial, or confidential employee, as defined in regulations adopted by the 16
264	264	Secretary. 17
265	265
266	266	(d) (2) (i) Each system institution, Morgan State University, St. Mary’s 18
267	267	College of Maryland, and Baltimore City Community College shall have separate 19
268	268	bargaining units. 20
269	269
270	270	(ii) Appropriate bargaining units shall consist of: 21
271	271
272	272	1. all eligible nonexempt employees, as described in the 22
273	273	federal Fair Labor Standards Act, except eligible sworn police officers; 23
274	274
275	275	2. all eligible exempt employees, as described in the federal 24
276	276	Fair Labor Standards Act; [and] 25
277	277
278	278	3. all eligible sworn police officers; 26
279	279
280	280	4. FACULTY; 27
281	281
282	282	5. PART–TIME FACULTY; 28
283	283
284	284	6. GRADUATE ASSISTANTS ; AND 29
285	285
286	286	7. POST DOCTORAL ASSOCIATES. 30
287	287	HOUSE BILL 493 7
288	288
289	289
290	290	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
291	291	1, 2024. 2
292	292