EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *sb0750* SENATE BILL 750 P4, F5 5lr2219 CF HB 661 By: Senator Kramer Introduced and read first time: January 27, 2025 Assigned to: Finance Committee Report: Favorable with amendments Senate action: Adopted Read second time: February 25, 2025 CHAPTER ______ AN ACT concerning 1 State Personnel – Collective Bargaining – Faculty Part–Time Faculty 2 FOR the purpose of providing collective bargaining rights to certain faculty part–time 3 faculty at certain State institutions of higher education; establishing a separate 4 collective bargaining units unit for certain faculty part–time faculty; authorizing the 5 bargaining units to combine into a single bargaining unit prohibiting certain 6 bargaining units from electing to engage in consolidated collective bargaining; and 7 generally relating to collective bargaining for faculty part–time faculty at public 8 institutions of higher education. 9 BY repealing and reenacting, without amendments, 10 Article – State Government 11 Section 22–101(a) 12 Annotated Code of Maryland 13 (2021 Replacement Volume and 2024 Supplement) 14 BY repealing and reenacting, with amendments, 15 Article – State Government 16 Section 22–101(d) 17 Annotated Code of Maryland 18 (2021 Replacement Volume and 2024 Supplement) 19 BY repealing and reenacting, with amendments, 20 Article – State Personnel and Pensions 21 Section 3–101 and 3–102(b)(9) and (12) and (d)(2) 22 2 SENATE BILL 750 Annotated Code of Maryland 1 (2024 Replacement Volume and 2024 Supplement) 2 BY repealing and reenacting, without amendments, 3 Article – State Personnel and Pensions 4 Section 3–102(b)(10), (11), and (13) 5 Annotated Code of Maryland 6 (2024 Replacement Volume and 2024 Supplement) 7 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8 That the Laws of Maryland read as follows: 9 Article – State Government 10 22–101. 11 (a) In this title the following words have the meanings indicated. 12 (d) “Employee organization” means a labor organization in which public 13 employees OR PART–TIME FACULTY, AS DEFINED IN § 3–101 OF THE STATE 14 PERSONNEL AND PENSIONS ARTICLE, participate and that has as one of its primary 15 purposes representing public employees. 16 Article – State Personnel and Pensions 17 3–101. 18 (a) In this title the following words have the meanings indicated. 19 (b) “Board” means the Public Employee Relations Board. 20 (c) “Chancellor” has the meaning stated in § 12–101 of the Education Article. 21 (d) “Collective bargaining” means: 22 (1) good faith negotiations by authorized representatives of employees and 23 their employer with the intention of: 24 (i) 1. reaching an agreement about wages, hours, and other 25 terms and conditions of employment; and 26 2. incorporating the terms of the agreement in a written 27 memorandum of understanding or other written understanding; or 28 (ii) clarifying terms and conditions of employment; 29 (2) administration of terms and conditions of employment; or 30 SENATE BILL 750 3 (3) the voluntary adjustment of a dispute or disagreement between 1 authorized representatives of employees and their employer that arises under a 2 memorandum of understanding or other written understanding. 3 (e) “Employee organization” has the meaning stated in § 22–101 of the State 4 Government Article. 5 (f) “Exclusive representative” has the meaning stated in § 22–101 of the State 6 Government Article. 7 (G) (1) “FACULTY” MEANS FULL –TIME, PART–TIME, OR ADJUNCT 8 EMPLOYEES OF A SYSTE M INSTITUTION , MORGAN STATE UNIVERSITY, OR ST. 9 MARY’S COLLEGE OF MARYLAND WHOSE ASSIGN MENTS INVOLVE ACADEM IC 10 RESPONSIBILITIES , INCLUDING TEACHERS , RESEARCHERS , AND DEPARTMENT 11 HEADS AND THOSE IN C OMPARABLE POSITIONS . 12 (2) “FACULTY” INCLUDES TENURE TRAC K, NONTENURE TRACK , AND 13 TENURED EMPLOYEES . 14 (3) “FACULTY” DOES NOT INCLUDE OFF ICERS, SUPERVISORY 15 EMPLOYEES, CONFIDENTIAL EMPLOYE ES, OR STUDENT EMPLOYEES . 16 [(g)] (H) (1) “Faculty at the Maryland School for the Deaf” means employees 17 who have been granted the following status by the Board of Trustees of the Maryland 18 School for the Deaf: 19 (i) after–school program counselors; 20 (ii) American Sign Language specialists; 21 (iii) athletic trainers; 22 (iv) behavior specialists; 23 (v) clerical aides; 24 (vi) dorm counselors; 25 (vii) employment specialists; 26 (viii) instructional technology resource specialists; 27 (ix) librarians; 28 (x) literacy and reading specialists; 29 4 SENATE BILL 750 (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) (1) “PART–TIME FACULTY” MEANS NONTENURE TRAC K TEMPORARY , 16 CONTINGENT , OR CONTRACTUAL ADJUN CT EMPLOYEES OF A SY STEM INSTITUTION , 17 MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF MARYLAND WHOSE 18 PRIMARY ASSIGNMENTS INVOLVE ACADEMIC CLA SSROOM INSTRUCTIONAL 19 RESPONSIBILITIES AND WHO TEACH MORE THAN ONE C LASS PER SEMESTER . 20 (2) “PART–TIME FACULTY” DOES NOT INCLUDE : 21 (I) OFFICERS; 22 (II) ADJUNCT FACULTY WHO TEACH A STANDARDIZED , 23 PRE–DESIGNED, AND TEMPORARY CURRIC ULUM PER COURSE AND WHOSE STATUS 24 IS TEMPORARY , CONTINGENT , OR CONTRA CTUAL ON A PER COURS E BASIS FOR A 25 DEFINED PERIOD OF 12 WEEKS OR LESS ; OR 26 (III) STUDENT WORKERS . 27 SENATE BILL 750 5 [(h)] (I) “President” means: 1 (1) with regard to a constituent institution, as defined in § 12–101 of the 2 Education Article, the president of the constituent institution; 3 (2) with regard to a center or institute, as those terms are defined in § 4 12–101 of the Education Article, the president of the center or institute; 5 (3) with regard to the University System of Maryland Office, the 6 Chancellor of the University System of Maryland; and 7 (4) with regard to Morgan State University, St. Mary’s College of 8 Maryland, and Baltimore City Community College, the president of the institution. 9 [(i)] (J) “System institution” means: 10 (1) a constituent institution, as defined in § 12–101 of the Education 11 Article; 12 (2) a center or institute, as those terms are defined in § 12–101 of the 13 Education Article; and 14 (3) the University System of Maryland Office. 15 3–102. 16 (b) This title does not apply to: 17 (9) an employee of the University System of Maryland, Morgan State 18 University, St. Mary’s College of Maryland, or Baltimore City Community College who is: 19 (i) a chief administrator or in a comparable position; 20 (ii) a deputy, associate, or assistant administrator or in a 21 comparable position; 22 (iii) [a member of the faculty, including a faculty librarian; 23 (iv)] a student employee, including a teaching assistant or a 24 comparable position, fellow, or post doctoral intern; 25 [(v)] (IV) a contingent, contractual, temporary, or emergency 26 employee, EXCEPT FOR PART–TIME FACULTY; 27 6 SENATE BILL 750 [(vi)] (V) a contingent, contractual, or temporary employee whose 1 position is funded through a research or service grant or contract, or through clinical 2 revenues, EXCEPT FOR FACULTY ; or 3 [(vii)] (VI) an employee whose regular place of employment is outside 4 the State of Maryland, EXCEPT FOR FACULTY ; 5 (10) an employee whose participation in a labor organization would be 6 contrary to the State’s ethics laws; 7 (11) any managerial or confidential employee of a unit of State government 8 listed in subsection (a)(1)(i) through (iv) and (vi) through (xii) of this section, as defined in 9 regulations adopted by the Secretary; 10 (12) any supervisory, managerial, or confidential employee of a State 11 institution of higher education listed in subsection (a)(1)(v) of this section[, as defined in 12 regulations adopted by the governing board of the institution]; or 13 (13) any employee described in subsection (a)(2) of this section who is a 14 supervisory, managerial, or confidential employee, as defined in regulations adopted by the 15 Secretary. 16 (d) (2) (i) [Each] EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF 17 THIS PARAGRAPH , EACH system institution, Morgan State University, St. Mary’s College 18 of Maryland, and Baltimore City Community College shall have separate bargaining units. 19 (ii) Appropriate bargaining units shall consist of: 20 1. all eligible nonexempt employees, as described in the 21 federal Fair Labor Standards Act, except eligible sworn police officers; 22 2. all eligible exempt employees, as described in the federal 23 Fair Labor Standards Act; [and] 24 3. all eligible sworn police officers; AND 25 4. FACULTY, EXCEPT CONTINGENT , CONTRACTUAL , OR 26 TEMPORARY FACULTY ; AND 27 5. CONTINGENT , CONTRACTUAL , OR TEMPORARY 28 FACULTY ALL ELIGIBLE PART –TIME FACULTY . 29 (III) THE BARGAINING UNITS UNIT DESCRIBED IN 30 SUBPARAGRAPH (II)4 AND 5 OF THIS PARAGRAPH MA Y CHOOSE TO COMBINE INTO A 31 SENATE BILL 750 7 SINGLE BARGAINING UNIT NOT ELECT TO ENGAGE IN CONSOLIDATED COLL ECTIVE 1 BARGAINING UNDER § 3–602 OF THIS TITLE. 2 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 3 1, 2025 2026. 4 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.