Maryland 2025 Regular Session

Maryland Senate Bill SB166 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *sb0166*
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77 SENATE BILL 166
88 P4, F5 5lr1005
99 (PRE–FILED) CF HB 211
1010 By: Senator Kramer
1111 Requested: September 30, 2024
1212 Introduced and read first time: January 8, 2025
1313 Assigned to: Finance
1414
1515 A BILL ENTITLED
1616
1717 AN ACT concerning 1
1818
1919 State Personnel – Collective Bargaining – Graduate Assistants and Postdoctoral 2
2020 Associates 3
2121
2222 FOR the purpose of providing collective bargaining rights to certain graduate assistants 4
2323 and postdoctoral associates at certain public institutions of higher education; 5
2424 establishing separate collective bargaining units for the graduate assistants and 6
2525 postdoctoral associates; and generally relating to collective bargaining for graduate 7
2626 assistants and postdoctoral associates at public institutions of higher education. 8
2727
2828 BY repealing and reenacting, with amendments, 9
2929 Article – State Personnel and Pensions 10
3030 Section 3–101 and 3–102(b)(9) and (d)(2) 11
3131 Annotated Code of Maryland 12
3232 (2024 Replacement Volume and 2024 Supplement) 13
3333
3434 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
3535 That the Laws of Maryland read as follows: 15
3636
3737 Article – State Personnel and Pensions 16
3838
3939 3–101. 17
4040
4141 (a) In this title the following words have the meanings indicated. 18
4242
4343 (b) “Board” means the Public Employee Relations Board. 19
4444
4545 (c) “Chancellor” has the meaning stated in § 12–101 of the Education Article. 20
4646
4747 (d) “Collective bargaining” means: 21
4848 2 SENATE BILL 166
4949
5050
5151 (1) good faith negotiations by authorized representatives of employees and 1
5252 their employer with the intention of: 2
5353
5454 (i) 1. reaching an agreement about wages, hours, and other 3
5555 terms and conditions of employment; and 4
5656
5757 2. incorporating the terms of the agreement in a written 5
5858 memorandum of understanding or other written understanding; or 6
5959
6060 (ii) clarifying terms and conditions of employment; 7
6161
6262 (2) administration of terms and conditions of employment; or 8
6363
6464 (3) the voluntary adjustment of a dispute or disagreement between 9
6565 authorized representatives of employees and their employer that arises under a 10
6666 memorandum of understanding or other written understanding. 11
6767
6868 (e) “Employee organization” has the meaning stated in § 22–101 of the State 12
6969 Government Article. 13
7070
7171 (f) “Exclusive representative” has the meaning stated in § 22–101 of the State 14
7272 Government Article. 15
7373
7474 (g) (1) “Faculty at the Maryland School for the Deaf” means employees who 16
7575 have been granted the following status by the Board of Trustees of the Maryland School for 17
7676 the Deaf: 18
7777
7878 (i) after–school program counselors; 19
7979
8080 (ii) American Sign Language specialists; 20
8181
8282 (iii) athletic trainers; 21
8383
8484 (iv) behavior specialists; 22
8585
8686 (v) clerical aides; 23
8787
8888 (vi) dorm counselors; 24
8989
9090 (vii) employment specialists; 25
9191
9292 (viii) instructional technology resource specialists; 26
9393
9494 (ix) librarians; 27
9595
9696 (x) literacy and reading specialists; 28
9797 SENATE BILL 166 3
9898
9999
100100 (xi) occupational therapists; 1
101101
102102 (xii) orientation and mobility specialists; 2
103103
104104 (xiii) physical therapists; 3
105105
106106 (xiv) school counselors; 4
107107
108108 (xv) school IEP coordinators; 5
109109
110110 (xvi) school nurses; 6
111111
112112 (xvii) school social workers; 7
113113
114114 (xviii) speech–language pathologists; 8
115115
116116 (xix) student support specialists; 9
117117
118118 (xx) teachers; 10
119119
120120 (xxi) teacher aides; 11
121121
122122 (xxii) transition coordinators; and 12
123123
124124 (xxiii) work–to–learn specialists. 13
125125
126126 (2) “Faculty at the Maryland School for the Deaf” does not include officers 14
127127 or supervisory employees at the Maryland School for the Deaf. 15
128128
129129 (H) “GRADUATE ASSISTANT ” MEANS A GRADUATE STU DENT AT A SYSTEM 16
130130 INSTITUTION, MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF 17
131131 MARYLAND WHO IS A TEA CHING, ADMINISTRATIVE , OR RESEARCH ASSISTAN T, OR IN 18
132132 A COMPARABLE POSITIO N, OR A FELLOW. 19
133133
134134 (I) “POSTDOCTORAL ASSOCIAT E” MEANS AN EMPLOYEE –TRAINEE AT A 20
135135 SYSTEM INSTITUTION , MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF 21
136136 MARYLAND WHO IS A DOC TORAL DEGREE HOLDER WHOSE ASSIGNMENTS AR E 22
137137 PRIMARILY RESEARCH O R A COMPARABLE POSIT ION. 23
138138
139139 [(h)] (J) “President” means: 24
140140
141141 (1) with regard to a constituent institution, as defined in § 12–101 of the 25
142142 Education Article, the president of the constituent institution; 26
143143
144144 (2) with regard to a center or institute, as those terms are defined in § 27
145145 12–101 of the Education Article, the president of the center or institute; 28 4 SENATE BILL 166
146146
147147
148148
149149 (3) with regard to the University System of Maryland Office, the 1
150150 Chancellor of the University System of Maryland; and 2
151151
152152 (4) with regard to Morgan State University, St. Mary’s College of 3
153153 Maryland, and Baltimore City Community College, the president of the institution. 4
154154
155155 [(i)] (K) “System institution” means: 5
156156
157157 (1) a constituent institution, as defined in § 12–101 of the Education 6
158158 Article; 7
159159
160160 (2) a center or institute, as those terms are defined in § 12–101 of the 8
161161 Education Article; and 9
162162
163163 (3) the University System of Maryland Office. 10
164164
165165 3–102. 11
166166
167167 (b) This title does not apply to: 12
168168
169169 (9) an employee of the University System of Maryland, Morgan State 13
170170 University, St. Mary’s College of Maryland, or Baltimore City Community College who is: 14
171171
172172 (i) a chief administrator or in a comparable position; 15
173173
174174 (ii) a deputy, associate, or assistant administrator or in a 16
175175 comparable position; 17
176176
177177 (iii) a member of the faculty, including a faculty librarian; 18
178178
179179 (iv) [a] AN UNDERGRADUATE student employee[, including a 19
180180 teaching assistant or a comparable position, fellow, or post doctoral intern]; 20
181181
182182 (v) a contingent, contractual, temporary, or emergency employee, 21
183183 EXCEPT FOR A GRADUAT E ASSISTANT OR A POS TDOCTORAL ASSOCIATE ; 22
184184
185185 (vi) a contingent, contractual, or temporary employee whose position 23
186186 is funded through a research or service grant or contract, or through clinical revenues, 24
187187 EXCEPT FOR A GRADUAT E ASSISTANT OR A POS TDOCTORAL ASSOCIATE ; or 25
188188
189189 (vii) an employee whose regular place of employment is outside the 26
190190 State of Maryland; 27
191191 SENATE BILL 166 5
192192
193193
194194 (d) (2) (i) Each system institution, Morgan State University, St. Mary’s 1
195195 College of Maryland, and Baltimore City Community College shall have separate 2
196196 bargaining units. 3
197197
198198 (ii) Appropriate bargaining units shall consist of: 4
199199
200200 1. all eligible nonexempt employees, as described in the 5
201201 federal Fair Labor Standards Act, except eligible sworn police officers; 6
202202
203203 2. all eligible exempt employees, as described in the federal 7
204204 Fair Labor Standards Act; [and] 8
205205
206206 3. all eligible sworn police officers; 9
207207
208208 4. ALL ELIGIBLE GRADUAT E ASSISTANTS; AND 10
209209
210210 5. ALL ELIGIBLE POSTDOC TORAL ASSOCIATES . 11
211211
212212 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12
213213 1, 2025. 13
214214