EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0166*
SENATE BILL 166
P4, F5 5lr1005
(PRE–FILED) CF HB 211
By: Senator Kramer
Requested: September 30, 2024
Introduced and read first time: January 8, 2025
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
State Personnel – Collective Bargaining – Graduate Assistants and Postdoctoral 2
Associates 3
FOR the purpose of providing collective bargaining rights to certain graduate assistants 4
and postdoctoral associates at certain public institutions of higher education; 5
establishing separate collective bargaining units for the graduate assistants and 6
postdoctoral associates; and generally relating to collective bargaining for graduate 7
assistants and postdoctoral associates at public institutions of higher education. 8
BY repealing and reenacting, with amendments, 9
Article – State Personnel and Pensions 10
Section 3–101 and 3–102(b)(9) and (d)(2) 11
Annotated Code of Maryland 12
(2024 Replacement Volume and 2024 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – State Personnel and Pensions 16
3–101. 17
(a) In this title the following words have the meanings indicated. 18
(b) “Board” means the Public Employee Relations Board. 19
(c) “Chancellor” has the meaning stated in § 12–101 of the Education Article. 20
(d) “Collective bargaining” means: 21
2 SENATE BILL 166
(1) good faith negotiations by authorized representatives of employees and 1
their employer with the intention of: 2
(i) 1. reaching an agreement about wages, hours, and other 3
terms and conditions of employment; and 4
2. incorporating the terms of the agreement in a written 5
memorandum of understanding or other written understanding; or 6
(ii) clarifying terms and conditions of employment; 7
(2) administration of terms and conditions of employment; or 8
(3) the voluntary adjustment of a dispute or disagreement between 9
authorized representatives of employees and their employer that arises under a 10
memorandum of understanding or other written understanding. 11
(e) “Employee organization” has the meaning stated in § 22–101 of the State 12
Government Article. 13
(f) “Exclusive representative” has the meaning stated in § 22–101 of the State 14
Government Article. 15
(g) (1) “Faculty at the Maryland School for the Deaf” means employees who 16
have been granted the following status by the Board of Trustees of the Maryland School for 17
the Deaf: 18
(i) after–school program counselors; 19
(ii) American Sign Language specialists; 20
(iii) athletic trainers; 21
(iv) behavior specialists; 22
(v) clerical aides; 23
(vi) dorm counselors; 24
(vii) employment specialists; 25
(viii) instructional technology resource specialists; 26
(ix) librarians; 27
(x) literacy and reading specialists; 28
SENATE BILL 166 3
(xi) occupational therapists; 1
(xii) orientation and mobility specialists; 2
(xiii) physical therapists; 3
(xiv) school counselors; 4
(xv) school IEP coordinators; 5
(xvi) school nurses; 6
(xvii) school social workers; 7
(xviii) speech–language pathologists; 8
(xix) student support specialists; 9
(xx) teachers; 10
(xxi) teacher aides; 11
(xxii) transition coordinators; and 12
(xxiii) work–to–learn specialists. 13
(2) “Faculty at the Maryland School for the Deaf” does not include officers 14
or supervisory employees at the Maryland School for the Deaf. 15
(H) “GRADUATE ASSISTANT ” MEANS A GRADUATE STU DENT AT A SYSTEM 16
INSTITUTION, MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF 17
MARYLAND WHO IS A TEA CHING, ADMINISTRATIVE , OR RESEARCH ASSISTAN T, OR IN 18
A COMPARABLE POSITIO N, OR A FELLOW. 19
(I) “POSTDOCTORAL ASSOCIAT E” MEANS AN EMPLOYEE –TRAINEE AT A 20
SYSTEM INSTITUTION , MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF 21
MARYLAND WHO IS A DOC TORAL DEGREE HOLDER WHOSE ASSIGNMENTS AR E 22
PRIMARILY RESEARCH O R A COMPARABLE POSIT ION. 23
[(h)] (J) “President” means: 24
(1) with regard to a constituent institution, as defined in § 12–101 of the 25
Education Article, the president of the constituent institution; 26
(2) with regard to a center or institute, as those terms are defined in § 27
12–101 of the Education Article, the president of the center or institute; 28 4 SENATE BILL 166
(3) with regard to the University System of Maryland Office, the 1
Chancellor of the University System of Maryland; and 2
(4) with regard to Morgan State University, St. Mary’s College of 3
Maryland, and Baltimore City Community College, the president of the institution. 4
[(i)] (K) “System institution” means: 5
(1) a constituent institution, as defined in § 12–101 of the Education 6
Article; 7
(2) a center or institute, as those terms are defined in § 12–101 of the 8
Education Article; and 9
(3) the University System of Maryland Office. 10
3–102. 11
(b) This title does not apply to: 12
(9) an employee of the University System of Maryland, Morgan State 13
University, St. Mary’s College of Maryland, or Baltimore City Community College who is: 14
(i) a chief administrator or in a comparable position; 15
(ii) a deputy, associate, or assistant administrator or in a 16
comparable position; 17
(iii) a member of the faculty, including a faculty librarian; 18
(iv) [a] AN UNDERGRADUATE student employee[, including a 19
teaching assistant or a comparable position, fellow, or post doctoral intern]; 20
(v) a contingent, contractual, temporary, or emergency employee, 21
EXCEPT FOR A GRADUAT E ASSISTANT OR A POS TDOCTORAL ASSOCIATE ; 22
(vi) a contingent, contractual, or temporary employee whose position 23
is funded through a research or service grant or contract, or through clinical revenues, 24
EXCEPT FOR A GRADUAT E ASSISTANT OR A POS TDOCTORAL ASSOCIATE ; or 25
(vii) an employee whose regular place of employment is outside the 26
State of Maryland; 27
SENATE BILL 166 5
(d) (2) (i) Each system institution, Morgan State University, St. Mary’s 1
College of Maryland, and Baltimore City Community College shall have separate 2
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. ALL ELIGIBLE GRADUAT E ASSISTANTS; AND 10
5. ALL ELIGIBLE POSTDOC TORAL ASSOCIATES . 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12
1, 2025. 13