EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *sb0750* SENATE BILL 750 P4, F5 5lr2219 CF HB 661 By: Senator Kramer Introduced and read first time: January 27, 2025 Assigned to: Finance 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 Section 3–102(b)(10), (11), and (13) 25 Annotated Code of Maryland 26 (2024 Replacement Volume and 2024 Supplement) 27 2 SENATE BILL 750 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 That the Laws of Maryland read as follows: 2 Article – State Government 3 22–101. 4 (a) In this title the following words have the meanings indicated. 5 (d) “Employee organization” means a labor organization in which public 6 employees OR FACULTY, AS DEFINED IN § 3–101 OF THE STATE PERSONNEL AND 7 PENSIONS ARTICLE, participate and that has as one of its primary purposes representing 8 public employees. 9 Article – State Personnel and Pensions 10 3–101. 11 (a) In this title the following words have the meanings indicated. 12 (b) “Board” means the Public Employee Relations Board. 13 (c) “Chancellor” has the meaning stated in § 12–101 of the Education Article. 14 (d) “Collective bargaining” means: 15 (1) good faith negotiations by authorized representatives of employees and 16 their employer with the intention of: 17 (i) 1. reaching an agreement about wages, hours, and other 18 terms and conditions of employment; and 19 2. incorporating the terms of the agreement in a written 20 memorandum of understanding or other written understanding; or 21 (ii) clarifying terms and conditions of employment; 22 (2) administration of terms and conditions of employment; or 23 (3) the voluntary adjustment of a dispute or disagreement between 24 authorized representatives of employees and their employer that arises under a 25 memorandum of understanding or other written understanding. 26 (e) “Employee organization” has the meaning stated in § 22–101 of the State 27 Government Article. 28 SENATE BILL 750 3 (f) “Exclusive representative” has the meaning stated in § 22–101 of the State 1 Government Article. 2 (G) (1) “FACULTY” MEANS FULL –TIME, PART–TIME, OR ADJUNCT 3 EMPLOYEES OF A SYSTE M INSTITUTION , MORGAN STATE UNIVERSITY, OR ST. 4 MARY’S COLLEGE OF MARYLAND WHOSE ASSIGN MENTS INVOLVE ACADEM IC 5 RESPONSIBILITIES , INCLUDING TEACHERS , RESEARCHERS , AND DEPARTMENT 6 HEADS AND THOSE IN C OMPARABLE POSITIONS . 7 (2) “FACULTY” INCLUDES TENURE TRAC K, NONTENURE TRACK , AND 8 TENURED EMPLOYEES . 9 (3) “FACULTY” DOES NOT INCLUDE OFF ICERS, SUPERVISORY 10 EMPLOYEES, CONFIDENTIAL EMPLO YEES, OR STUDENT EMPLOYEES . 11 [(g)] (H) (1) “Faculty at the Maryland School for the Deaf” means employees 12 who have been granted the following status by the Board of Trustees of the Maryland 13 School for the Deaf: 14 (i) after–school program counselors; 15 (ii) American Sign Language specialists; 16 (iii) athletic trainers; 17 (iv) behavior specialists; 18 (v) clerical aides; 19 (vi) dorm counselors; 20 (vii) employment specialists; 21 (viii) instructional technology resource specialists; 22 (ix) librarians; 23 (x) literacy and reading specialists; 24 (xi) occupational therapists; 25 (xii) orientation and mobility specialists; 26 (xiii) physical therapists; 27 (xiv) school counselors; 28 4 SENATE BILL 750 (xv) school IEP coordinators; 1 (xvi) school nurses; 2 (xvii) school social workers; 3 (xviii) speech–language pathologists; 4 (xix) student support specialists; 5 (xx) teachers; 6 (xxi) teacher aides; 7 (xxii) transition coordinators; and 8 (xxiii) work–to–learn specialists. 9 (2) “Faculty at the Maryland School for the Deaf” does not include officers 10 or supervisory employees at the Maryland School for the Deaf. 11 [(h)] (I) “President” means: 12 (1) with regard to a constituent institution, as defined in § 12–101 of the 13 Education Article, the president of the constituent institution; 14 (2) with regard to a center or institute, as those terms are defined in § 15 12–101 of the Education Article, the president of the center or institute; 16 (3) with regard to the University System of Maryland Offic e, the 17 Chancellor of the University System of Maryland; and 18 (4) with regard to Morgan State University, St. Mary’s College of 19 Maryland, and Baltimore City Community College, the president of the institution. 20 [(i)] (J) “System institution” means: 21 (1) a constituent institution, as defined in § 12–101 of the Education 22 Article; 23 (2) a center or institute, as those terms are defined in § 12–101 of the 24 Education Article; and 25 (3) the University System of Maryland Office. 26 3–102. 27 SENATE BILL 750 5 (b) This title does not apply to: 1 (9) an employee of the University System of Maryland, Morgan State 2 University, St. Mary’s College of Maryland, or Baltimore City Community College who is: 3 (i) a chief administrator or in a comparable position; 4 (ii) a deputy, associate, or assistant administrator or in a 5 comparable position; 6 (iii) [a member of the faculty, including a faculty librarian; 7 (iv)] a student employee, including a teaching assistant or a 8 comparable position, fellow, or post doctoral intern; 9 [(v)] (IV) a contingent, contractual, temporary, or emergency 10 employee, EXCEPT FOR FACULTY ; 11 [(vi)] (V) a contingent, contractual, or temporary employee whose 12 position is funded through a research or service grant or contract, or through clinical 13 revenues, EXCEPT FOR FACULTY ; or 14 [(vii)] (VI) an employee whose regular place of employment is outside 15 the State of Maryland, EXCEPT FOR FACULTY ; 16 (10) an employee whose participation in a labor organization would be 17 contrary to the State’s ethics laws; 18 (11) any managerial or confidential employee of a unit of State government 19 listed in subsection (a)(1)(i) through (iv) and (vi) through (xii) of this section, as defined in 20 regulations adopted by the Secretary; 21 (12) any supervisory, managerial, or confidential employee of a State 22 institution of higher education listed in subsection (a)(1)(v) of this section[, as defined in 23 regulations adopted by the governing board of the institution]; or 24 (13) any employee described in subsection (a)(2) of this section who is a 25 supervisory, managerial, or confidential employee, as defined in regulations adopted by the 26 Secretary. 27 (d) (2) (i) [Each] EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF 28 THIS PARAGRAPH , EACH system institution, Morgan State University, St. Mary’s College 29 of Maryland, and Baltimore City Community College shall have separate bargaining units. 30 (ii) Appropriate bargaining units shall consist of: 31 6 SENATE BILL 750 1. all eligible nonexempt employees, as described in the 1 federal Fair Labor Standards Act, except eligible sworn police officers; 2 2. all eligible exempt employees, as described in the federal 3 Fair Labor Standards Act; [and] 4 3. all eligible sworn police officers; 5 4. FACULTY, EXCEPT CONTINGENT , CONTRACTUAL , OR 6 TEMPORARY FACULTY ; AND 7 5. CONTINGENT , CONTRACTUAL , OR TEMPORARY 8 FACULTY. 9 (III) THE BARGAINING UNITS DESCRIBED IN SUBPARA GRAPH 10 (II)4 AND 5 OF THIS PARAGRAPH MA Y CHOOSE TO COMBINE INTO A SINGLE 11 BARGAINING UNIT . 12 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 13 1, 2025. 14