EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0192*
SENATE BILL 192
P4 4lr0888
(PRE–FILED) CF 4lr1107
By: Senator Kramer
Requested: October 6, 2023
Introduced and read first time: January 10, 2024
Assigned to: Finance
A BILL ENTITLED
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
(i) the principal departments within the Executive Branch of State 19
government; 20
(ii) the Maryland Insurance Administration; 21
2 SENATE BILL 192
(iii) the State Department of Assessments and Taxation; 1
(iv) the State Lottery and Gaming Control Agency; 2
(v) the University System of Maryland, Morgan State University, 3
St. Mary’s College of Maryland, and Baltimore City Community College; 4
(vi) the Comptroller; 5
(vii) the Maryland Transportation Authority who are not police 6
officers; 7
(viii) the State Retirement Agency; 8
(ix) the State Department of Education; 9
(x) the Maryland Environmental Service; 10
(xi) the Maryland School for the Deaf; and 11
(xii) the Office of the Public Defender; 12
(2) firefighters for the Martin State Airport at the rank of captain or below 13
who are employed by the Military Department; and 14
(3) all full–time Maryland Transportation Authority police officers at the 15
rank of first sergeant and below. 16
(b) This title does not apply to: 17
(1) employees of the Maryland Transit Administration, as that term is 18
defined in § 7–601(a)(2) of the Transportation Article; 19
(2) an employee who is elected to the position by popular vote; 20
(3) an employee in a position by election or appointment that is provided 21
for by the Maryland Constitution; 22
(4) an employee who is: 23
(i) a special appointment in the State Personnel Management 24
System; or 25
(ii) 1. directly appointed by the Governor by an appointment 26
that is not provided for by the Maryland Constitution; 27
2. appointed by or on the staff of the Governor or Lieutenant 28 SENATE BILL 192 3
Governor; or 1
3. assigned to the Government House or the Governor’s 2
Office; 3
(5) an employee assigned to the Board or with access to records of the 4
Board; 5
(6) an employee in: 6
(i) the executive service of the State Personnel Management 7
System; or 8
(ii) a unit of the Executive Branch with an independent personnel 9
system who is: 10
1. the chief administrator of the unit or a comparable 11
position that is not excluded under item (3) of this subsection as a constitutional or elected 12
office; or 13
2. a deputy or assistant administrator of the unit or a 14
comparable position; 15
(7) (i) a temporary or contractual employee in the State Personnel 16
Management System; or 17
(ii) a contractual, temporary, or emergency employee in a unit of the 18
Executive Branch with an independent personnel system; 19
(8) an employee who is entitled to participate in collective bargaining 20
under another law; 21
(9) an employee of the University System of Maryland, Morgan State 22
University, St. Mary’s College of Maryland, or Baltimore City Community College who is: 23
(i) a chief administrator or in a comparable position; 24
(ii) a deputy, associate, or assistant administrator or in a 25
comparable position; 26
(iii) a member of the faculty, including a faculty librarian; 27
(iv) a student employee, including a teaching assistant or a 28
comparable position, fellow, or post doctoral intern; 29
(v) a contingent, contractual, temporary, or emergency employee; 30
4 SENATE BILL 192
(vi) a contingent, contractual, or temporary employee whose position 1
is funded through a research or service grant or contract, or through clinical revenues; or 2
(vii) an employee whose regular place of employment is outside the 3
State of Maryland; 4
(10) an employee whose participation in a labor organization would be 5
contrary to the State’s ethics laws; 6
(11) any [supervisory,] managerial[,] or confidential employee of a unit of 7
State government listed in subsection (a)(1)(i) through (iv) and (vi) through [(xi)] (XII) of 8
this section, as defined in regulations adopted by the Secretary; 9
(12) any supervisory, managerial, or confidential employee of a State 10
institution of higher education listed in subsection (a)(1)(v) of this section, as defined in 11
regulations adopted by the governing board of the institution; or 12
(13) any employee described in subsection (a)(2) of this section who is a 13
supervisory, managerial, or confidential employee, as defined in regulations adopted by the 14
Secretary. 15
(c) Employees, employers, and exclusive representatives subject to this title are 16
subject to the provisions of Title 22 of the State Government Article. 17
(d) (1) Subject to Title 22, Subtitle 4 of the State Government Article, a 18
bargaining unit shall consist only of employees defined in regulations adopted by the 19
Secretary and not specifically excluded by subsection (b) of this section. 20
(2) (i) Each system institution, Morgan State University, St. Mary’s 21
College of Maryland, and Baltimore City Community College shall have separate 22
bargaining units. 23
(ii) Appropriate bargaining units shall consist of: 24
1. all eligible nonexempt employees, as described in the 25
federal Fair Labor Standards Act, except eligible sworn police officers; 26
2. all eligible exempt employees, as described in the federal 27
Fair Labor Standards Act; and 28
3. all eligible sworn police officers. 29
(3) (i) Except as provided in subparagraph (ii) of this paragraph, the 30
Secretary or the Secretary’s designee shall have the authority to assign classification titles 31
and positions to bargaining units as appropriate. 32
(ii) The following individuals and entities shall assign classification 33 SENATE BILL 192 5
titles and positions to bargaining units at the following institutions: 1
1. at a system institution, the President of the system 2
institution; and 3
2. at Morgan State University, St. Mary’s College of 4
Maryland, or Baltimore City Community College, the governing board of the institution. 5
(4) Notwithstanding any other provision of law: 6
(i) Maryland Transportation Authority police officers at the rank of 7
first sergeant and below shall have a separate bargaining unit; [and] 8
(ii) faculty at the Maryland School for the Deaf shall have a separate 9
bargaining unit; AND 10
(III) SUPERVISORY EMPLOYEE S OF UNITS OF STATE 11
GOVERNMENT LISTED IN SUBSECTION (A)(1)(I) THROUGH (IV) AND (VI) THROUGH 12
(XII) OF THIS SECTION WHO ARE NOT CONFIDEN TIAL EMPLOYEES SHALL HAVE A 13
SEPARATE BARGAINING UNIT. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2024. 16