EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0661*
HOUSE BILL 661
P4, F5 5lr2140
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By: Delegates Foley, Acevero, Bartlett, Charkoudian, Feldmark, Healey,
Kaufman, Korman, Lehman, Lopez, Palakovich Carr, Pasteur,
Pena–Melnyk, Ruth, Spiegel, Terrasa, Vogel, Williams, Wims, Wolek,
Woorman, and Ziegler
Introduced and read first time: January 24, 2025
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
State Personnel – Collective Bargaining – Faculty 2
FOR the purpose of providing collective bargaining rights to certain faculty at certain State 3
institutions of higher education; establishing separate collective bargaining units for 4
certain faculty; authorizing the bargaining units to combine into a single bargaining 5
unit; and generally relating to collective bargaining for faculty at public institutions 6
of higher education. 7
BY repealing and reenacting, without amendments, 8
Article – State Government 9
Section 22–101(a) 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2024 Supplement) 12
BY repealing and reenacting, with amendments, 13
Article – State Government 14
Section 22–101(d) 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2024 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – State Personnel and Pensions 19
Section 3–101 and 3–102(b)(9) and (12) and (d)(2) 20
Annotated Code of Maryland 21
(2024 Replacement Volume and 2024 Supplement) 22
BY repealing and reenacting, without amendments, 23
Article – State Personnel and Pensions 24 2 HOUSE BILL 661
Section 3–102(b)(10), (11), and (13) 1
Annotated Code of Maryland 2
(2024 Replacement Volume and 2024 Supplement) 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
That the Laws of Maryland read as follows: 5
Article – State Government 6
22–101. 7
(a) In this title the following words have the meanings indicated. 8
(d) “Employee organization” means a labor organization in which public 9
employees OR FACULTY, AS DEFINED IN § 3–101 OF THE STATE PERSONNEL AND 10
PENSIONS ARTICLE, participate and that has as one of its primary purposes representing 11
public employees. 12
Article – State Personnel and Pensions 13
3–101. 14
(a) In this title the following words have the meanings indicated. 15
(b) “Board” means the Public Employee Relations Board. 16
(c) “Chancellor” has the meaning stated in § 12–101 of the Education Article. 17
(d) “Collective bargaining” means: 18
(1) good faith negotiations by authorized representatives of employees and 19
their employer with the intention of: 20
(i) 1. reaching an agreement about wages, hours, and other 21
terms and conditions of employment; and 22
2. incorporating the terms of the agreement in a written 23
memorandum of understanding or other written understanding; or 24
(ii) clarifying terms and conditions of employment; 25
(2) administration of terms and conditions of employment; or 26
(3) the voluntary adjustment of a dispute or disagreement between 27
authorized representatives of employees and their employer that arises under a 28
memorandum of understanding or other written understanding. 29
HOUSE BILL 661 3
(e) “Employee organization” has the meaning stated in § 22–101 of the State 1
Government Article. 2
(f) “Exclusive representative” has the meaning stated in § 22–101 of the State 3
Government Article. 4
(G) (1) “FACULTY” MEANS FULL–TIME, PART–TIME, OR ADJUNCT 5
EMPLOYEES OF A SYSTE M INSTITUTION , MORGAN STATE UNIVERSITY, OR ST. 6
MARY’S COLLEGE OF MARYLAND WHOSE ASSIGN MENTS INVOLVE ACADEM IC 7
RESPONSIBILITIES , INCLUDING TEACHERS , RESEARCHERS , AND DEPARTMENT 8
HEADS AND THOSE IN C OMPARABLE POSITIONS . 9
(2) “FACULTY” INCLUDES TENURE TRAC K, NONTENURE TRACK , AND 10
TENURED EMPLOYEES . 11
(3) “FACULTY” DOES NOT INCLUDE OFF ICERS, SUPERVISORY 12
EMPLOYEES, CONFIDENTIAL EMPLOYE ES, OR STUDENT EMPLOYEES . 13
[(g)] (H) (1) “Faculty at the Maryland School for the Deaf” means employees 14
who have been granted the following status by the Board of Trustees of the Maryland 15
School for the Deaf: 16
(i) after–school program counselors; 17
(ii) American Sign Language specialists; 18
(iii) athletic trainers; 19
(iv) behavior specialists; 20
(v) clerical aides; 21
(vi) dorm counselors; 22
(vii) employment specialists; 23
(viii) instructional technology resource specialists; 24
(ix) librarians; 25
(x) literacy and reading specialists; 26
(xi) occupational therapists; 27
(xii) orientation and mobility specialists; 28
4 HOUSE BILL 661
(xiii) physical therapists; 1
(xiv) school counselors; 2
(xv) school IEP coordinators; 3
(xvi) school nurses; 4
(xvii) school social workers; 5
(xviii) speech–language pathologists; 6
(xix) student support specialists; 7
(xx) teachers; 8
(xxi) teacher aides; 9
(xxii) transition coordinators; and 10
(xxiii) work–to–learn specialists. 11
(2) “Faculty at the Maryland School for the Deaf” does not include officers 12
or supervisory employees at the Maryland School for the Deaf. 13
[(h)] (I) “President” means: 14
(1) with regard to a constituent institution, as defined in § 12–101 of the 15
Education Article, the president of the constituent institution; 16
(2) with regard to a center or institute, as those terms are defined in § 17
12–101 of the Education Article, the president of the center or institute; 18
(3) with regard to the University System of Maryland Office, the 19
Chancellor of the University System of Maryland; and 20
(4) with regard to Morgan State University, St. Mary’s College of 21
Maryland, and Baltimore City Community College, the president of the institution. 22
[(i)] (J) “System institution” means: 23
(1) a constituent institution, as defined in § 12–101 of the Education 24
Article; 25
(2) a center or institute, as those terms are defined in § 12–101 of the 26
Education Article; and 27
HOUSE BILL 661 5
(3) the University System of Maryland Office. 1
3–102. 2
(b) This title does not apply to: 3
(9) an employee of the University System of Maryland, Morgan State 4
University, St. Mary’s College of Maryland, or Baltimore City Community College who is: 5
(i) a chief administrator or in a comparable position; 6
(ii) a deputy, associate, or assistant administrator or in a 7
comparable position; 8
(iii) [a member of the faculty, including a faculty librarian; 9
(iv)] a student employee, including a teaching assistant or a 10
comparable position, fellow, or post doctoral intern; 11
[(v)] (IV) a contingent, contractual, temporary, or emergency 12
employee, EXCEPT FOR FACULTY ; 13
[(vi)] (V) a contingent, contractual, or temporary employee whose 14
position is funded through a research or service grant or contract, or through clinical 15
revenues, EXCEPT FOR FACULTY ; or 16
[(vii)] (VI) an employee whose regular place of employment is outside 17
the State of Maryland, EXCEPT FOR FACULTY ; 18
(10) an employee whose participation in a labor organization would be 19
contrary to the State’s ethics laws; 20
(11) any managerial or confidential employee of a unit of State government 21
listed in subsection (a)(1)(i) through (iv) and (vi) through (xii) of this section, as defined in 22
regulations adopted by the Secretary; 23
(12) any supervisory, managerial, or confidential employee of a State 24
institution of higher education listed in subsection (a)(1)(v) of this section[, as defined in 25
regulations adopted by the governing board of the institution]; or 26
(13) any employee described in subsection (a)(2) of this section who is a 27
supervisory, managerial, or confidential employee, as defined in regulations adopted by the 28
Secretary. 29
6 HOUSE BILL 661
(d) (2) (i) [Each] EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF 1
THIS PARAGRAPH , EACH system institution, Morgan State University, St. Mary’s College 2
of Maryland, and Baltimore City Community College shall have separate bargaining units. 3
(ii) Appropriate bargaining units shall consist of: 4
1. all eligible nonexempt employees, as described in the 5
federal Fair Labor Standards Act, except eligible sworn police officers; 6
2. all eligible exempt employees, as described in the federal 7
Fair Labor Standards Act; [and] 8
3. all eligible sworn police officers; 9
4. FACULTY, EXCEPT CONTINGENT , CONTRACTUAL , OR 10
TEMPORARY FACULTY ; AND 11
5. CONTINGENT , CONTRACTUAL , OR TEMPORARY 12
FACULTY. 13
(III) THE BARGAINING UNITS DESCRIBED IN SUBPARAGRAPH 14
(II)4 AND 5 OF THIS PARAGRAPH MAY CHOOSE TO COMBINE INTO A SINGLE 15
BARGAINING UNIT . 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 17
1, 2025. 18