Maryland 2025 Regular Session

Maryland House Bill HB661 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 MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0661
6	6
7	7	HOUSE BILL 661
8	8	P4, F5 5lr2140
9	9	CF 5lr2219
10	10	By: Delegates Foley, Acevero, Bartlett, Charkoudian, Feldmark, Healey,
11	11	Kaufman, Korman, Lehman, Lopez, Palakovich Carr, Pasteur,
12	12	Pena–Melnyk, Ruth, Spiegel, Terrasa, Vogel, Williams, Wims, Wolek,
13	13	Woorman, and Ziegler
14	14	Introduced and read first time: January 24, 2025
15	15	Assigned to: Appropriations
16	16
17	17	A BILL ENTITLED
18	18
19	19	AN ACT concerning 1
20	20
21	21	State Personnel – Collective Bargaining – Faculty 2
22	22
23	23	FOR the purpose of providing collective bargaining rights to certain faculty at certain State 3
24	24	institutions of higher education; establishing separate collective bargaining units for 4
25	25	certain faculty; authorizing the bargaining units to combine into a single bargaining 5
26	26	unit; and generally relating to collective bargaining for faculty at public institutions 6
27	27	of higher education. 7
28	28
29	29	BY repealing and reenacting, without amendments, 8
30	30	Article – State Government 9
31	31	Section 22–101(a) 10
32	32	Annotated Code of Maryland 11
33	33	(2021 Replacement Volume and 2024 Supplement) 12
34	34
35	35	BY repealing and reenacting, with amendments, 13
36	36	Article – State Government 14
37	37	Section 22–101(d) 15
38	38	Annotated Code of Maryland 16
39	39	(2021 Replacement Volume and 2024 Supplement) 17
40	40
41	41	BY repealing and reenacting, with amendments, 18
42	42	Article – State Personnel and Pensions 19
43	43	Section 3–101 and 3–102(b)(9) and (12) and (d)(2) 20
44	44	Annotated Code of Maryland 21
45	45	(2024 Replacement Volume and 2024 Supplement) 22
46	46
47	47	BY repealing and reenacting, without amendments, 23
48	48	Article – State Personnel and Pensions 24 2 HOUSE BILL 661
49	49
50	50
51	51	Section 3–102(b)(10), (11), and (13) 1
52	52	Annotated Code of Maryland 2
53	53	(2024 Replacement Volume and 2024 Supplement) 3
54	54
55	55	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
56	56	That the Laws of Maryland read as follows: 5
57	57
58	58	Article – State Government 6
59	59
60	60	22–101. 7
61	61
62	62	(a) In this title the following words have the meanings indicated. 8
63	63
64	64	(d) “Employee organization” means a labor organization in which public 9
65	65	employees OR FACULTY, AS DEFINED IN § 3–101 OF THE STATE PERSONNEL AND 10
66	66	PENSIONS ARTICLE, participate and that has as one of its primary purposes representing 11
67	67	public employees. 12
68	68
69	69	Article – State Personnel and Pensions 13
70	70
71	71	3–101. 14
72	72
73	73	(a) In this title the following words have the meanings indicated. 15
74	74
75	75	(b) “Board” means the Public Employee Relations Board. 16
76	76
77	77	(c) “Chancellor” has the meaning stated in § 12–101 of the Education Article. 17
78	78
79	79	(d) “Collective bargaining” means: 18
80	80
81	81	(1) good faith negotiations by authorized representatives of employees and 19
82	82	their employer with the intention of: 20
83	83
84	84	(i) 1. reaching an agreement about wages, hours, and other 21
85	85	terms and conditions of employment; and 22
86	86
87	87	2. incorporating the terms of the agreement in a written 23
88	88	memorandum of understanding or other written understanding; or 24
89	89
90	90	(ii) clarifying terms and conditions of employment; 25
91	91
92	92	(2) administration of terms and conditions of employment; or 26
93	93
94	94	(3) the voluntary adjustment of a dispute or disagreement between 27
95	95	authorized representatives of employees and their employer that arises under a 28
96	96	memorandum of understanding or other written understanding. 29
97	97	HOUSE BILL 661 3
98	98
99	99
100	100	(e) “Employee organization” has the meaning stated in § 22–101 of the State 1
101	101	Government Article. 2
102	102
103	103	(f) “Exclusive representative” has the meaning stated in § 22–101 of the State 3
104	104	Government Article. 4
105	105
106	106	(G) (1) “FACULTY” MEANS FULL–TIME, PART–TIME, OR ADJUNCT 5
107	107	EMPLOYEES OF A SYSTE M INSTITUTION , MORGAN STATE UNIVERSITY, OR ST. 6
108	108	MARY’S COLLEGE OF MARYLAND WHOSE ASSIGN MENTS INVOLVE ACADEM IC 7
109	109	RESPONSIBILITIES , INCLUDING TEACHERS , RESEARCHERS , AND DEPARTMENT 8
110	110	HEADS AND THOSE IN C OMPARABLE POSITIONS . 9
111	111
112	112	(2) “FACULTY” INCLUDES TENURE TRAC K, NONTENURE TRACK , AND 10
113	113	TENURED EMPLOYEES . 11
114	114
115	115	(3) “FACULTY” DOES NOT INCLUDE OFF ICERS, SUPERVISORY 12
116	116	EMPLOYEES, CONFIDENTIAL EMPLOYE ES, OR STUDENT EMPLOYEES . 13
117	117
118	118	[(g)] (H) (1) “Faculty at the Maryland School for the Deaf” means employees 14
119	119	who have been granted the following status by the Board of Trustees of the Maryland 15
120	120	School for the Deaf: 16
121	121
122	122	(i) after–school program counselors; 17
123	123
124	124	(ii) American Sign Language specialists; 18
125	125
126	126	(iii) athletic trainers; 19
127	127
128	128	(iv) behavior specialists; 20
129	129
130	130	(v) clerical aides; 21
131	131
132	132	(vi) dorm counselors; 22
133	133
134	134	(vii) employment specialists; 23
135	135
136	136	(viii) instructional technology resource specialists; 24
137	137
138	138	(ix) librarians; 25
139	139
140	140	(x) literacy and reading specialists; 26
141	141
142	142	(xi) occupational therapists; 27
143	143
144	144	(xii) orientation and mobility specialists; 28
145	145	4 HOUSE BILL 661
146	146
147	147
148	148	(xiii) physical therapists; 1
149	149
150	150	(xiv) school counselors; 2
151	151
152	152	(xv) school IEP coordinators; 3
153	153
154	154	(xvi) school nurses; 4
155	155
156	156	(xvii) school social workers; 5
157	157
158	158	(xviii) speech–language pathologists; 6
159	159
160	160	(xix) student support specialists; 7
161	161
162	162	(xx) teachers; 8
163	163
164	164	(xxi) teacher aides; 9
165	165
166	166	(xxii) transition coordinators; and 10
167	167
168	168	(xxiii) work–to–learn specialists. 11
169	169
170	170	(2) “Faculty at the Maryland School for the Deaf” does not include officers 12
171	171	or supervisory employees at the Maryland School for the Deaf. 13
172	172
173	173	[(h)] (I) “President” means: 14
174	174
175	175	(1) with regard to a constituent institution, as defined in § 12–101 of the 15
176	176	Education Article, the president of the constituent institution; 16
177	177
178	178	(2) with regard to a center or institute, as those terms are defined in § 17
179	179	12–101 of the Education Article, the president of the center or institute; 18
180	180
181	181	(3) with regard to the University System of Maryland Office, the 19
182	182	Chancellor of the University System of Maryland; and 20
183	183
184	184	(4) with regard to Morgan State University, St. Mary’s College of 21
185	185	Maryland, and Baltimore City Community College, the president of the institution. 22
186	186
187	187	[(i)] (J) “System institution” means: 23
188	188
189	189	(1) a constituent institution, as defined in § 12–101 of the Education 24
190	190	Article; 25
191	191
192	192	(2) a center or institute, as those terms are defined in § 12–101 of the 26
193	193	Education Article; and 27
194	194	HOUSE BILL 661 5
195	195
196	196
197	197	(3) the University System of Maryland Office. 1
198	198
199	199	3–102. 2
200	200
201	201	(b) This title does not apply to: 3
202	202
203	203	(9) an employee of the University System of Maryland, Morgan State 4
204	204	University, St. Mary’s College of Maryland, or Baltimore City Community College who is: 5
205	205
206	206	(i) a chief administrator or in a comparable position; 6
207	207
208	208	(ii) a deputy, associate, or assistant administrator or in a 7
209	209	comparable position; 8
210	210
211	211	(iii) [a member of the faculty, including a faculty librarian; 9
212	212
213	213	(iv)] a student employee, including a teaching assistant or a 10
214	214	comparable position, fellow, or post doctoral intern; 11
215	215
216	216	[(v)] (IV) a contingent, contractual, temporary, or emergency 12
217	217	employee, EXCEPT FOR FACULTY ; 13
218	218
219	219	[(vi)] (V) a contingent, contractual, or temporary employee whose 14
220	220	position is funded through a research or service grant or contract, or through clinical 15
221	221	revenues, EXCEPT FOR FACULTY ; or 16
222	222
223	223	[(vii)] (VI) an employee whose regular place of employment is outside 17
224	224	the State of Maryland, EXCEPT FOR FACULTY ; 18
225	225
226	226	(10) an employee whose participation in a labor organization would be 19
227	227	contrary to the State’s ethics laws; 20
228	228
229	229	(11) any managerial or confidential employee of a unit of State government 21
230	230	listed in subsection (a)(1)(i) through (iv) and (vi) through (xii) of this section, as defined in 22
231	231	regulations adopted by the Secretary; 23
232	232
233	233	(12) any supervisory, managerial, or confidential employee of a State 24
234	234	institution of higher education listed in subsection (a)(1)(v) of this section[, as defined in 25
235	235	regulations adopted by the governing board of the institution]; or 26
236	236
237	237	(13) any employee described in subsection (a)(2) of this section who is a 27
238	238	supervisory, managerial, or confidential employee, as defined in regulations adopted by the 28
239	239	Secretary. 29
240	240	6 HOUSE BILL 661
241	241
242	242
243	243	(d) (2) (i) [Each] EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF 1
244	244	THIS PARAGRAPH , EACH system institution, Morgan State University, St. Mary’s College 2
245	245	of Maryland, and Baltimore City Community College shall have separate bargaining units. 3
246	246
247	247	(ii) Appropriate bargaining units shall consist of: 4
248	248
249	249	1. all eligible nonexempt employees, as described in the 5
250	250	federal Fair Labor Standards Act, except eligible sworn police officers; 6
251	251
252	252	2. all eligible exempt employees, as described in the federal 7
253	253	Fair Labor Standards Act; [and] 8
254	254
255	255	3. all eligible sworn police officers; 9
256	256
257	257	4. FACULTY, EXCEPT CONTINGENT , CONTRACTUAL , OR 10
258	258	TEMPORARY FACULTY ; AND 11
259	259
260	260	5. CONTINGENT , CONTRACTUAL , OR TEMPORARY 12
261	261	FACULTY. 13
262	262
263	263	(III) THE BARGAINING UNITS DESCRIBED IN SUBPARAGRAPH 14
264	264	(II)4 AND 5 OF THIS PARAGRAPH MAY CHOOSE TO COMBINE INTO A SINGLE 15
265	265	BARGAINING UNIT . 16
266	266
267	267	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 17
268	268	1, 2025. 18