MD
Maryland House Bill HB211

Maryland 2025 Regular Session

Maryland House Bill HB211 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *hb0211*
96
107 HOUSE BILL 211
118 P4, F5 5lr0756
129 (PRE–FILED) CF SB 166
1310 By: Delegates Foley, Charkoudian, Fair, Feldmark, Healey, Kaufman, Korman,
1411 Lehman, Palakovich Carr, Pena–Melnyk, Pruski, Ruth, Terrasa, Vogel,
1512 Williams, Wims, and Woorman
1613 Requested: September 3, 2024
1714 Introduced and read first time: January 8, 2025
1815 Assigned to: Appropriations
19-Committee Report: Favorable with amendments
20-House action: Adopted
21-Read second time: February 4, 2025
2216
23-CHAPTER ______
17+A BILL ENTITLED
2418
2519 AN ACT concerning 1
2620
2721 State Personnel – Collective Bargaining – Graduate Assistants and Postdoctoral 2
2822 Associates 3
2923
3024 FOR the purpose of providing collective bargaining rights to certain graduate assistants 4
3125 and postdoctoral associates at certain public institutions of higher education; 5
32-establishing a separate collective bargaining units unit for the graduate assistants 6
33-and postdoctoral associates; and generally relating to collective bargaining for 7
34-graduate assistants and postdoctoral associates at public institutions of higher 8
35-education. 9
26+establishing separate collective bargaining units for the graduate assistants and 6
27+postdoctoral associates; and generally relating to collective bargaining for graduate 7
28+assistants and postdoctoral associates at public institutions of higher education. 8
3629
37-BY repealing and reenacting, with amendments, 10
38- Article – State Personnel and Pensions 11
39-Section 3–101 and 3–102(b)(9) and (d)(2) 12
40- Annotated Code of Maryland 13
41- (2024 Replacement Volume and 2024 Supplement) 14
30+BY repealing and reenacting, with amendments, 9
31+ Article – State Personnel and Pensions 10
32+Section 3–101 and 3–102(b)(9) and (d)(2) 11
33+ Annotated Code of Maryland 12
34+ (2024 Replacement Volume and 2024 Supplement) 13
4235
43- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
44-That the Laws of Maryland read as follows: 16
36+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
37+That the Laws of Maryland read as follows: 15
4538
46-Article – State Personnel and Pensions 17
39+Article – State Personnel and Pensions 16
4740
48-3–101. 18 2 HOUSE BILL 211
41+3–101. 17
42+
43+ (a) In this title the following words have the meanings indicated. 18
44+
45+ (b) “Board” means the Public Employee Relations Board. 19
46+
47+ (c) “Chancellor” has the meaning stated in § 12–101 of the Education Article. 20
48+ 2 HOUSE BILL 211
4949
5050
51+ (d) “Collective bargaining” means: 1
5152
52- (a) In this title the following words have the meanings indicated. 1
53+ (1) good faith negotiations by authorized representatives of employees and 2
54+their employer with the intention of: 3
5355
54- (b) “Board” means the Public Employee Relations Board. 2
56+ (i) 1. reaching an agreement about wages, hours, and other 4
57+terms and conditions of employment; and 5
5558
56- (c) “Chancellor” has the meaning stated in § 12–101 of the Education Article. 3
59+ 2. incorporating the terms of the agreement in a written 6
60+memorandum of understanding or other written understanding; or 7
5761
58- (d) “Collective bargaining” means: 4
62+ (ii) clarifying terms and conditions of employment; 8
5963
60- (1) good faith negotiations by authorized representatives of employees and 5
61-their employer with the intention of: 6
64+ (2) administration of terms and conditions of employment; or 9
6265
63- (i) 1. reaching an agreement about wages, hours, and other 7
64-terms and conditions of employment; and 8
66+ (3) the voluntary adjustment of a dispute or disagreement between 10
67+authorized representatives of employees and their employer that arises under a 11
68+memorandum of understanding or other written understanding. 12
6569
66- 2. incorporating the terms of the agreement in a written 9
67-memorandum of understanding or other written understanding; or 10
70+ (e) “Employee organization” has the meaning stated in § 22–101 of the State 13
71+Government Article. 14
6872
69- (ii) clarifying terms and conditions of employment; 11
73+ (f) “Exclusive representative” has the meaning stated in § 22–101 of the State 15
74+Government Article. 16
7075
71- (2) administration of terms and conditions of employment; or 12
76+ (g) (1) “Faculty at the Maryland School for the Deaf” means employees who 17
77+have been granted the following status by the Board of Trustees of the Maryland School for 18
78+the Deaf: 19
7279
73- (3) the voluntary adjustment of a dispute or disagreement betwee n 13
74-authorized representatives of employees and their employer that arises under a 14
75-memorandum of understanding or other written understanding. 15
80+ (i) after–school program counselors; 20
7681
77- (e) “Employee organization” has the meaning stated in § 22–101 of the State 16
78-Government Article. 17
82+ (ii) American Sign Language specialists; 21
7983
80- (f) “Exclusive representative” has the meaning stated in § 22–101 of the State 18
81-Government Article. 19
84+ (iii) athletic trainers; 22
8285
83- (g) (1) “Faculty at the Maryland School for the Deaf” means employees who 20
84-have been granted the following status by the Board of Trustees of the Maryland School for 21
85-the Deaf: 22
86+ (iv) behavior specialists; 23
8687
87- (i) after–school program counselors; 23
88+ (v) clerical aides; 24
8889
89- (ii) American Sign Language specialists; 24
90+ (vi) dorm counselors; 25
9091
91- (iii) athletic trainers; 25
92+ (vii) employment specialists; 26
9293
93- (iv) behavior specialists; 26
94+ (viii) instructional technology resource specialists; 27
9495
95- (v) clerical aides; 27
96-
97- (vi) dorm counselors; 28 HOUSE BILL 211 3
96+ (ix) librarians; 28
97+ HOUSE BILL 211 3
9898
9999
100+ (x) literacy and reading specialists; 1
100101
101- (vii) employment specialists; 1
102+ (xi) occupational therapists; 2
102103
103- (viii) instructional technology resource specialists; 2
104+ (xii) orientation and mobility specialists; 3
104105
105- (ix) librarians; 3
106+ (xiii) physical therapists; 4
106107
107- (x) literacy and reading specialists; 4
108+ (xiv) school counselors; 5
108109
109- (xi) occupational therapists; 5
110+ (xv) school IEP coordinators; 6
110111
111- (xii) orientation and mobility specialists; 6
112+ (xvi) school nurses; 7
112113
113- (xiii) physical therapists; 7
114+ (xvii) school social workers; 8
114115
115- (xiv) school counselors; 8
116+ (xviii) speech–language pathologists; 9
116117
117- (xv) school IEP coordinators; 9
118+ (xix) student support specialists; 10
118119
119- (xvi) school nurses; 10
120+ (xx) teachers; 11
120121
121- (xvii) school social workers; 11
122+ (xxi) teacher aides; 12
122123
123- (xviii) speech–language pathologists; 12
124+ (xxii) transition coordinators; and 13
124125
125- (xix) student support specialists; 13
126+ (xxiii) work–to–learn specialists. 14
126127
127- (xx) teachers; 14
128+ (2) “Faculty at the Maryland School for the Deaf” does not include officers 15
129+or supervisory employees at the Maryland School for the Deaf. 16
128130
129- (xxi) teacher aides; 15
131+ (H) “GRADUATE ASSISTANT ” MEANS A GRADUATE STU DENT AT A SYSTEM 17
132+INSTITUTION, MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF 18
133+MARYLAND WHO IS A TEACHING , ADMINISTRATIVE , OR RESEARCH ASSISTAN T, OR IN 19
134+A COMPARABLE POSITIO N, OR A FELLOW. 20
130135
131- (xxii) transition coordinators; and 16
136+ (I) “POSTDOCTORAL ASSOCIATE” MEANS AN EMPLOYEE –TRAINEE AT A 21
137+SYSTEM INSTITUTION , MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF 22
138+MARYLAND WHO IS A DOC TORAL DEGREE HOLDER WHOSE ASSIGNMENTS AR E 23
139+PRIMARILY RESEARCH O R A COMPARABLE POSIT ION. 24
132140
133- (xxiii) work–to–learn specialists. 17
141+ [(h)] (J) “President” means: 25
134142
135- (2) “Faculty at the Maryland School for the Deaf” does not include officers 18
136-or supervisory employees at the Maryland School for the Deaf. 19
137-
138- (H) “GRADUATE ASSISTANT ” MEANS A GRADUATE STU DENT AT A SYSTEM 20
139-INSTITUTION, MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF 21
140-MARYLAND WHO IS A TEA CHING, ADMINISTRATIVE , OR RESEARCH ASSISTAN T, OR IN 22
141-A COMPARABLE POSITIO N, OR A FELLOW, OR A POSTDOCTORAL IN TERN. 23
142-
143- (I) “POSTDOCTORAL ASSOCIAT E” MEANS AN EMPLOYEE –TRAINEE AT A 24
144-SYSTEM INSTITUTION, MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF 25 4 HOUSE BILL 211
143+ (1) with regard to a constituent institution, as defined in § 12–101 of the 26
144+Education Article, the president of the constituent institution; 27
145+ 4 HOUSE BILL 211
145146
146147
147-MARYLAND WHO IS A DOC TORAL DEGREE HOLDER WHOSE ASSIGNMENTS AR E 1
148-PRIMARILY RESEARCH O R A COMPARABLE POSIT ION. 2
148+ (2) with regard to a center or institute, as those terms are defined in § 1
149+12–101 of the Education Article, the president of the center or institute; 2
149150
150- [(h)] (J) (I) “President” means: 3
151+ (3) with regard to the University System of Maryland Office, the 3
152+Chancellor of the University System of Maryland; and 4
151153
152- (1) with regard to a constituent institution, as defined in § 12–101 of the 4
153-Education Article, the president of the constituent institution; 5
154+ (4) with regard to Morgan State University, St. Mary’s College of 5
155+Maryland, and Baltimore City Community College, the president of the institution. 6
154156
155- (2) with regard to a center or institute, as those terms are defined in § 6
156-12–101 of the Education Article, the president of the center or institute; 7
157+ [(i)] (K) “System institution” means: 7
157158
158- (3) with regard to the University System of Maryland Office, the 8
159-Chancellor of the University System of Maryland; and 9
159+ (1) a constituent institution, as defined in § 12–101 of the Education 8
160+Article; 9
160161
161- (4) with regard to Morgan State University, St. Mary’s College of 10
162-Maryland, and Baltimore City Community College, the president of the institution. 11
162+ (2) a center or institute, as those terms are defined in § 12–101 of the 10
163+Education Article; and 11
163164
164- [(i)] (K) (J) “System institution” means: 12
165+ (3) the University System of Maryland Office. 12
165166
166- (1) a constituent institution, as defined in § 12–101 of the Education 13
167-Article; 14
167+3–102. 13
168168
169- (2) a center or institute, as those terms are defined in § 12–101 of the 15
170-Education Article; and 16
169+ (b) This title does not apply to: 14
171170
172- (3) the University System of Maryland Office. 17
171+ (9) an employee of the University System of Maryland, Morgan State 15
172+University, St. Mary’s College of Maryland, or Baltimore City Community College who is: 16
173173
174-3–102. 18
174+ (i) a chief administrator or in a comparable position; 17
175175
176- (b) This title does not apply to: 19
176+ (ii) a deputy, associate, or assistant administrator or in a 18
177+comparable position; 19
177178
178- (9) an employee of the University System of Maryland, Morgan State 20
179-University, St. Mary’s College of Maryland, or Baltimore City Community College who is: 21
179+ (iii) a member of the faculty, including a faculty librarian; 20
180180
181- (i) a chief administrator or in a comparable position; 22
181+ (iv) [a] AN UNDERGRADUATE student employee[, including a 21
182+teaching assistant or a comparable position, fellow, or post doctoral intern]; 22
182183
183- (ii) a deputy, associate, or assistant administrator or in a 23
184-comparable position; 24
184+ (v) a contingent, contractual, temporary, or emergency employee, 23
185+EXCEPT FOR A GRADUAT E ASSISTANT OR A POS TDOCTORAL ASSOCIATE ; 24
185186
186- (iii) a member of the faculty, including a faculty librarian; 25
187+ (vi) a contingent, contractual, or temporary employee whose position 25
188+is funded through a research or service grant or contract, or through clinical revenues, 26
189+EXCEPT FOR A GRADUAT E ASSISTANT OR A POS TDOCTORAL ASSOCIATE ; or 27
187190
188- (iv) [a] AN UNDERGRADUATE student employee[, including a 26
189-teaching assistant or a comparable position, fellow, or post doctoral intern]; 27
190-
191- (v) a contingent, contractual, temporary, or emergency employee, 28
192-EXCEPT FOR A GRADUAT E ASSISTANT OR A POSTDOCTORAL AS SOCIATE; 29 HOUSE BILL 211 5
191+ (vii) an employee whose regular place of employment is outside the 28
192+State of Maryland; 29
193+ HOUSE BILL 211 5
193194
194195
196+ (d) (2) (i) Each system institution, Morgan State University, St. Mary’s 1
197+College of Maryland, and Baltimore City Community College shall have separate 2
198+bargaining units. 3
195199
196- (vi) a contingent, contractual, or temporary employee whose position 1
197-is funded through a research or service grant or contract, or through clinical revenues, 2
198-EXCEPT FOR A GRADUAT E ASSISTANT OR A POSTDOCTORAL AS SOCIATE; or 3
200+ (ii) Appropriate bargaining units shall consist of: 4
199201
200- (vii) an employee whose regular place of employment is outside the 4
201-State of Maryland; 5
202+ 1. all eligible nonexempt employees, as described in the 5
203+federal Fair Labor Standards Act, except eligible sworn police officers; 6
202204
203- (d) (2) (i) Each system institution, Morgan State University, St. Mary’s 6
204-College of Maryland, and Baltimore City Community College shall have separate 7
205-bargaining units. 8
205+ 2. all eligible exempt employees, as described in the federal 7
206+Fair Labor Standards Act; [and] 8
206207
207- (ii) Appropriate bargaining units shall consist of: 9
208+ 3. all eligible sworn police officers; 9
208209
209- 1. all eligible nonexempt employees, as described in the 10
210-federal Fair Labor Standards Act, except eligible sworn police officers; 11
210+ 4. ALL ELIGIBLE GRADUATE ASSISTANTS ; AND 10
211211
212- 2. all eligible exempt employees, as described in the federal 12
213-Fair Labor Standards Act; [and] 13
212+ 5. ALL ELIGIBLE POSTDOCTORAL ASSOCIA TES. 11
214213
215- 3. all eligible sworn police officers; AND 14
216-
217- 4. ALL ELIGIBLE GRADUAT E ASSISTANTS; AND 15
218-
219- 5. ALL ELIGIBLE POSTDOC TORAL ASSOCIATES . 16
220-
221- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 17
222-1, 2025. 18
223-
224-
225-
226-
227-Approved:
228-________________________________________________________________________________
229- Governor.
230-________________________________________________________________________________
231- Speaker of the House of Delegates.
232-________________________________________________________________________________
233- President of the Senate.
214+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12
215+1, 2025. 13