Maryland 2025 Regular Session

Maryland Senate Bill SB750 Compare Versions

OldNewDifferences
11
22
33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *sb0750*
96
107 SENATE BILL 750
118 P4, F5 5lr2219
129 CF HB 661
1310 By: Senator Kramer
1411 Introduced and read first time: January 27, 2025
1512 Assigned to: Finance
16-Committee Report: Favorable with amendments
17-Senate action: Adopted
18-Read second time: February 25, 2025
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
24-State Personnel – Collective Bargaining – Faculty Part–Time Faculty 2
18+State Personnel – Collective Bargaining – Faculty 2
2519
26-FOR the purpose of providing collective bargaining rights to certain faculty part–time 3
27-faculty at certain State institutions of higher education; establishing a separate 4
28-collective bargaining units unit for certain faculty part–time faculty; authorizing the 5
29-bargaining units to combine into a single bargaining unit prohibiting certain 6
30-bargaining units from electing to engage in consolidated collective bargaining; and 7
31-generally relating to collective bargaining for faculty part–time faculty at public 8
32-institutions of higher education. 9
20+FOR the purpose of providing collective bargaining rights to certain faculty at certain State 3
21+institutions of higher education; establishing separate collective bargaining units for 4
22+certain faculty; authorizing the bargaining units to combine into a single bargaining 5
23+unit; and generally relating to collective bargaining for faculty at public institutions 6
24+of higher education. 7
3325
34-BY repealing and reenacting, without amendments, 10
35- Article – State Government 11
36-Section 22–101(a) 12
37- Annotated Code of Maryland 13
38- (2021 Replacement Volume and 2024 Supplement) 14
26+BY repealing and reenacting, without amendments, 8
27+ Article – State Government 9
28+Section 22–101(a) 10
29+ Annotated Code of Maryland 11
30+ (2021 Replacement Volume and 2024 Supplement) 12
3931
40-BY repealing and reenacting, with amendments, 15
41- Article – State Government 16
42-Section 22–101(d) 17
43- Annotated Code of Maryland 18
44- (2021 Replacement Volume and 2024 Supplement) 19
32+BY repealing and reenacting, with amendments, 13
33+ Article – State Government 14
34+Section 22–101(d) 15
35+ Annotated Code of Maryland 16
36+ (2021 Replacement Volume and 2024 Supplement) 17
4537
46-BY repealing and reenacting, with amendments, 20
47- Article – State Personnel and Pensions 21
48-Section 3–101 and 3–102(b)(9) and (12) and (d)(2) 22 2 SENATE BILL 750
38+BY repealing and reenacting, with amendments, 18
39+ Article – State Personnel and Pensions 19
40+Section 3–101 and 3–102(b)(9) and (12) and (d)(2) 20
41+ Annotated Code of Maryland 21
42+ (2024 Replacement Volume and 2024 Supplement) 22
43+
44+BY repealing and reenacting, without amendments, 23
45+ Article – State Personnel and Pensions 24
46+Section 3–102(b)(10), (11), and (13) 25
47+ Annotated Code of Maryland 26
48+ (2024 Replacement Volume and 2024 Supplement) 27 2 SENATE BILL 750
4949
5050
51- Annotated Code of Maryland 1
52- (2024 Replacement Volume and 2024 Supplement) 2
5351
54-BY repealing and reenacting, without amendments, 3
55- Article – State Personnel and Pensions 4
56-Section 3–102(b)(10), (11), and (13) 5
57- Annotated Code of Maryland 6
58- (2024 Replacement Volume and 2024 Supplement) 7
52+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
53+That the Laws of Maryland read as follows: 2
5954
60- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
61-That the Laws of Maryland read as follows: 9
55+Article – State Government 3
6256
63-Article – State Government 10
57+22–101. 4
6458
65-22–101. 11
59+ (a) In this title the following words have the meanings indicated. 5
60+
61+ (d) “Employee organization” means a labor organization in which public 6
62+employees OR FACULTY, AS DEFINED IN § 3–101 OF THE STATE PERSONNEL AND 7
63+PENSIONS ARTICLE, participate and that has as one of its primary purposes representing 8
64+public employees. 9
65+
66+Article – State Personnel and Pensions 10
67+
68+3–101. 11
6669
6770 (a) In this title the following words have the meanings indicated. 12
6871
69- (d) “Employee organization” means a labor organization in which public 13
70-employees OR PART–TIME FACULTY, AS DEFINED IN § 3–101 OF THE STATE 14
71-PERSONNEL AND PENSIONS ARTICLE, participate and that has as one of its primary 15
72-purposes representing public employees. 16
72+ (b) “Board” means the Public Employee Relations Board. 13
7373
74-Article – State Personnel and Pensions 17
74+ (c) “Chancellor” has the meaning stated in § 12–101 of the Education Article. 14
7575
76-3–101. 18
76+ (d) “Collective bargaining” means: 15
7777
78- (a) In this title the following words have the meanings indicated. 19
78+ (1) good faith negotiations by authorized representatives of employees and 16
79+their employer with the intention of: 17
7980
80- (b) “Board” means the Public Employee Relations Board. 20
81+ (i) 1. reaching an agreement about wages, hours, and other 18
82+terms and conditions of employment; and 19
8183
82- (c) “Chancellor” has the meaning stated in § 12–101 of the Education Article. 21
84+ 2. incorporating the terms of the agreement in a written 20
85+memorandum of understanding or other written understanding; or 21
8386
84- (d) “Collective bargaining” means: 22
87+ (ii) clarifying terms and conditions of employment; 22
8588
86- (1) good faith negotiations by authorized representatives of employees and 23
87-their employer with the intention of: 24
89+ (2) administration of terms and conditions of employment; or 23
8890
89- (i) 1. reaching an agreement about wages, hours, and other 25
90-terms and conditions of employment; and 26
91+ (3) the voluntary adjustment of a dispute or disagreement between 24
92+authorized representatives of employees and their employer that arises under a 25
93+memorandum of understanding or other written understanding. 26
9194
92- 2. incorporating the terms of the agreement in a written 27
93-memorandum of understanding or other written understanding; or 28
95+ (e) “Employee organization” has the meaning stated in § 22–101 of the State 27
96+Government Article. 28
97+ SENATE BILL 750 3
9498
95- (ii) clarifying terms and conditions of employment; 29
9699
97- (2) administration of terms and conditions of employment; or 30 SENATE BILL 750 3
100+ (f) “Exclusive representative” has the meaning stated in § 22–101 of the State 1
101+Government Article. 2
102+
103+ (G) (1) “FACULTY” MEANS FULL –TIME, PART–TIME, OR ADJUNCT 3
104+EMPLOYEES OF A SYSTE M INSTITUTION , MORGAN STATE UNIVERSITY, OR ST. 4
105+MARY’S COLLEGE OF MARYLAND WHOSE ASSIGN MENTS INVOLVE ACADEM IC 5
106+RESPONSIBILITIES , INCLUDING TEACHERS , RESEARCHERS , AND DEPARTMENT 6
107+HEADS AND THOSE IN C OMPARABLE POSITIONS . 7
108+
109+ (2) “FACULTY” INCLUDES TENURE TRAC K, NONTENURE TRACK , AND 8
110+TENURED EMPLOYEES . 9
111+
112+ (3) “FACULTY” DOES NOT INCLUDE OFF ICERS, SUPERVISORY 10
113+EMPLOYEES, CONFIDENTIAL EMPLO YEES, OR STUDENT EMPLOYEES . 11
114+
115+ [(g)] (H) (1) “Faculty at the Maryland School for the Deaf” means employees 12
116+who have been granted the following status by the Board of Trustees of the Maryland 13
117+School for the Deaf: 14
118+
119+ (i) after–school program counselors; 15
120+
121+ (ii) American Sign Language specialists; 16
122+
123+ (iii) athletic trainers; 17
124+
125+ (iv) behavior specialists; 18
126+
127+ (v) clerical aides; 19
128+
129+ (vi) dorm counselors; 20
130+
131+ (vii) employment specialists; 21
132+
133+ (viii) instructional technology resource specialists; 22
134+
135+ (ix) librarians; 23
136+
137+ (x) literacy and reading specialists; 24
138+
139+ (xi) occupational therapists; 25
140+
141+ (xii) orientation and mobility specialists; 26
142+
143+ (xiii) physical therapists; 27
144+
145+ (xiv) school counselors; 28 4 SENATE BILL 750
98146
99147
100148
101- (3) the voluntary adjustment of a dispute or disagreement between 1
102-authorized representatives of employees and their employer that arises under a 2
103-memorandum of understanding or other written understanding. 3
149+ (xv) school IEP coordinators; 1
104150
105- (e) “Employee organization” has the meaning stated in § 22–101 of the State 4
106-Government Article. 5
151+ (xvi) school nurses; 2
107152
108- (f) “Exclusive representative” has the meaning stated in § 22–101 of the State 6
109-Government Article. 7
153+ (xvii) school social workers; 3
110154
111- (G) (1) “FACULTY” MEANS FULL –TIME, PART–TIME, OR ADJUNCT 8
112-EMPLOYEES OF A SYSTE M INSTITUTION , MORGAN STATE UNIVERSITY, OR ST. 9
113-MARY’S COLLEGE OF MARYLAND WHOSE ASSIGN MENTS INVOLVE ACADEM IC 10
114-RESPONSIBILITIES , INCLUDING TEACHERS , RESEARCHERS , AND DEPARTMENT 11
115-HEADS AND THOSE IN C OMPARABLE POSITIONS . 12
155+ (xviii) speech–language pathologists; 4
116156
117- (2) “FACULTY” INCLUDES TENURE TRAC K, NONTENURE TRACK , AND 13
118-TENURED EMPLOYEES . 14
157+ (xix) student support specialists; 5
119158
120- (3) “FACULTY” DOES NOT INCLUDE OFF ICERS, SUPERVISORY 15
121-EMPLOYEES, CONFIDENTIAL EMPLOYE ES, OR STUDENT EMPLOYEES . 16
159+ (xx) teachers; 6
122160
123- [(g)] (H) (1) “Faculty at the Maryland School for the Deaf” means employees 17
124-who have been granted the following status by the Board of Trustees of the Maryland 18
125-School for the Deaf: 19
161+ (xxi) teacher aides; 7
126162
127- (i) after–school program counselors; 20
163+ (xxii) transition coordinators; and 8
128164
129- (ii) American Sign Language specialists; 21
165+ (xxiii) work–to–learn specialists. 9
130166
131- (iii) athletic trainers; 22
167+ (2) “Faculty at the Maryland School for the Deaf” does not include officers 10
168+or supervisory employees at the Maryland School for the Deaf. 11
132169
133- (iv) behavior specialists; 23
170+ [(h)] (I) “President” means: 12
134171
135- (v) clerical aides; 24
172+ (1) with regard to a constituent institution, as defined in § 12–101 of the 13
173+Education Article, the president of the constituent institution; 14
136174
137- (vi) dorm counselors; 25
175+ (2) with regard to a center or institute, as those terms are defined in § 15
176+12–101 of the Education Article, the president of the center or institute; 16
138177
139- (vii) employment specialists; 26
178+ (3) with regard to the University System of Maryland Offic e, the 17
179+Chancellor of the University System of Maryland; and 18
140180
141- (viii) instructional technology resource specialists; 27
181+ (4) with regard to Morgan State University, St. Mary’s College of 19
182+Maryland, and Baltimore City Community College, the president of the institution. 20
142183
143- (ix) librarians; 28
184+ [(i)] (J) “System institution” means: 21
144185
145- (x) literacy and reading specialists; 29 4 SENATE BILL 750
186+ (1) a constituent institution, as defined in § 12–101 of the Education 22
187+Article; 23
188+
189+ (2) a center or institute, as those terms are defined in § 12–101 of the 24
190+Education Article; and 25
191+
192+ (3) the University System of Maryland Office. 26
193+
194+3–102. 27 SENATE BILL 750 5
146195
147196
148197
149- (xi) occupational therapists; 1
198+ (b) This title does not apply to: 1
150199
151- (xii) orientation and mobility specialists; 2
200+ (9) an employee of the University System of Maryland, Morgan State 2
201+University, St. Mary’s College of Maryland, or Baltimore City Community College who is: 3
152202
153- (xiii) physical therapists; 3
203+ (i) a chief administrator or in a comparable position; 4
154204
155- (xiv) school counselors; 4
205+ (ii) a deputy, associate, or assistant administrator or in a 5
206+comparable position; 6
156207
157- (xv) school IEP coordinators; 5
208+ (iii) [a member of the faculty, including a faculty librarian; 7
158209
159- (xvi) school nurses; 6
210+ (iv)] a student employee, including a teaching assistant or a 8
211+comparable position, fellow, or post doctoral intern; 9
160212
161- (xvii) school social workers; 7
213+ [(v)] (IV) a contingent, contractual, temporary, or emergency 10
214+employee, EXCEPT FOR FACULTY ; 11
162215
163- (xviii) speech–language pathologists; 8
216+ [(vi)] (V) a contingent, contractual, or temporary employee whose 12
217+position is funded through a research or service grant or contract, or through clinical 13
218+revenues, EXCEPT FOR FACULTY ; or 14
164219
165- (xix) student support specialists; 9
220+ [(vii)] (VI) an employee whose regular place of employment is outside 15
221+the State of Maryland, EXCEPT FOR FACULTY ; 16
166222
167- (xx) teachers; 10
223+ (10) an employee whose participation in a labor organization would be 17
224+contrary to the State’s ethics laws; 18
168225
169- (xxi) teacher aides; 11
226+ (11) any managerial or confidential employee of a unit of State government 19
227+listed in subsection (a)(1)(i) through (iv) and (vi) through (xii) of this section, as defined in 20
228+regulations adopted by the Secretary; 21
170229
171- (xxii) transition coordinators; and 12
230+ (12) any supervisory, managerial, or confidential employee of a State 22
231+institution of higher education listed in subsection (a)(1)(v) of this section[, as defined in 23
232+regulations adopted by the governing board of the institution]; or 24
172233
173- (xxiii) work–to–learn specialists. 13
234+ (13) any employee described in subsection (a)(2) of this section who is a 25
235+supervisory, managerial, or confidential employee, as defined in regulations adopted by the 26
236+Secretary. 27
174237
175- (2) “Faculty at the Maryland School for the Deaf” does not include officers 14
176-or supervisory employees at the Maryland School for the Deaf. 15
238+ (d) (2) (i) [Each] EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF 28
239+THIS PARAGRAPH , EACH system institution, Morgan State University, St. Mary’s College 29
240+of Maryland, and Baltimore City Community College shall have separate bargaining units. 30
177241
178- (H) (1) “PART–TIME FACULTY” MEANS NONTENURE TRAC K TEMPORARY , 16
179-CONTINGENT , OR CONTRACTUAL ADJUN CT EMPLOYEES OF A SY STEM INSTITUTION , 17
180-MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF MARYLAND WHOSE 18
181-PRIMARY ASSIGNMENTS INVOLVE ACADEMIC CLA SSROOM INSTRUCTIONAL 19
182-RESPONSIBILITIES AND WHO TEACH MORE THAN ONE C LASS PER SEMESTER . 20
183-
184- (2) “PART–TIME FACULTY” DOES NOT INCLUDE : 21
185-
186- (I) OFFICERS; 22
187-
188- (II) ADJUNCT FACULTY WHO TEACH A STANDARDIZED , 23
189-PRE–DESIGNED, AND TEMPORARY CURRIC ULUM PER COURSE AND WHOSE STATUS 24
190-IS TEMPORARY , CONTINGENT , OR CONTRA CTUAL ON A PER COURS E BASIS FOR A 25
191-DEFINED PERIOD OF 12 WEEKS OR LESS ; OR 26
192-
193- (III) STUDENT WORKERS . 27 SENATE BILL 750 5
242+ (ii) Appropriate bargaining units shall consist of: 31 6 SENATE BILL 750
194243
195244
196245
197- [(h)] (I) “President” means: 1
246+ 1. all eligible nonexempt employees, as described in the 1
247+federal Fair Labor Standards Act, except eligible sworn police officers; 2
198248
199- (1) with regard to a constituent institution, as defined in § 12–101 of the 2
200-Education Article, the president of the constituent institution; 3
249+ 2. all eligible exempt employees, as described in the federal 3
250+Fair Labor Standards Act; [and] 4
201251
202- (2) with regard to a center or institute, as those terms are defined in § 4
203-12–101 of the Education Article, the president of the center or institute; 5
252+ 3. all eligible sworn police officers; 5
204253
205- (3) with regard to the University System of Maryland Office, the 6
206-Chancellor of the University System of Maryland; and 7
254+ 4. FACULTY, EXCEPT CONTINGENT , CONTRACTUAL , OR 6
255+TEMPORARY FACULTY ; AND 7
207256
208- (4) with regard to Morgan State University, St. Mary’s College of 8
209-Maryland, and Baltimore City Community College, the president of the institution. 9
257+ 5. CONTINGENT , CONTRACTUAL , OR TEMPORARY 8
258+FACULTY. 9
210259
211- [(i)] (J) “System institution” means: 10
260+ (III) THE BARGAINING UNITS DESCRIBED IN SUBPARA GRAPH 10
261+(II)4 AND 5 OF THIS PARAGRAPH MA Y CHOOSE TO COMBINE INTO A SINGLE 11
262+BARGAINING UNIT . 12
212263
213- (1) a constituent institution, as defined in § 12–101 of the Education 11
214-Article; 12
264+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 13
265+1, 2025. 14
215266
216- (2) a center or institute, as those terms are defined in § 12–101 of the 13
217-Education Article; and 14
218-
219- (3) the University System of Maryland Office. 15
220-
221-3–102. 16
222-
223- (b) This title does not apply to: 17
224-
225- (9) an employee of the University System of Maryland, Morgan State 18
226-University, St. Mary’s College of Maryland, or Baltimore City Community College who is: 19
227-
228- (i) a chief administrator or in a comparable position; 20
229-
230- (ii) a deputy, associate, or assistant administrator or in a 21
231-comparable position; 22
232-
233- (iii) [a member of the faculty, including a faculty librarian; 23
234-
235- (iv)] a student employee, including a teaching assistant or a 24
236-comparable position, fellow, or post doctoral intern; 25
237-
238- [(v)] (IV) a contingent, contractual, temporary, or emergency 26
239-employee, EXCEPT FOR PART–TIME FACULTY; 27
240- 6 SENATE BILL 750
241-
242-
243- [(vi)] (V) a contingent, contractual, or temporary employee whose 1
244-position is funded through a research or service grant or contract, or through clinical 2
245-revenues, EXCEPT FOR FACULTY ; or 3
246-
247- [(vii)] (VI) an employee whose regular place of employment is outside 4
248-the State of Maryland, EXCEPT FOR FACULTY ; 5
249-
250- (10) an employee whose participation in a labor organization would be 6
251-contrary to the State’s ethics laws; 7
252-
253- (11) any managerial or confidential employee of a unit of State government 8
254-listed in subsection (a)(1)(i) through (iv) and (vi) through (xii) of this section, as defined in 9
255-regulations adopted by the Secretary; 10
256-
257- (12) any supervisory, managerial, or confidential employee of a State 11
258-institution of higher education listed in subsection (a)(1)(v) of this section[, as defined in 12
259-regulations adopted by the governing board of the institution]; or 13
260-
261- (13) any employee described in subsection (a)(2) of this section who is a 14
262-supervisory, managerial, or confidential employee, as defined in regulations adopted by the 15
263-Secretary. 16
264-
265- (d) (2) (i) [Each] EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF 17
266-THIS PARAGRAPH , EACH system institution, Morgan State University, St. Mary’s College 18
267-of Maryland, and Baltimore City Community College shall have separate bargaining units. 19
268-
269- (ii) Appropriate bargaining units shall consist of: 20
270-
271- 1. all eligible nonexempt employees, as described in the 21
272-federal Fair Labor Standards Act, except eligible sworn police officers; 22
273-
274- 2. all eligible exempt employees, as described in the federal 23
275-Fair Labor Standards Act; [and] 24
276-
277- 3. all eligible sworn police officers; AND 25
278-
279- 4. FACULTY, EXCEPT CONTINGENT , CONTRACTUAL , OR 26
280-TEMPORARY FACULTY ; AND 27
281-
282- 5. CONTINGENT , CONTRACTUAL , OR TEMPORARY 28
283-FACULTY ALL ELIGIBLE PART –TIME FACULTY . 29
284-
285- (III) THE BARGAINING UNITS UNIT DESCRIBED IN 30
286-SUBPARAGRAPH (II)4 AND 5 OF THIS PARAGRAPH MA Y CHOOSE TO COMBINE INTO A 31 SENATE BILL 750 7
287-
288-
289-SINGLE BARGAINING UNIT NOT ELECT TO ENGAGE IN CONSOLIDATED COLL ECTIVE 1
290-BARGAINING UNDER § 3–602 OF THIS TITLE. 2
291-
292- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 3
293-1, 2025 2026. 4
294-
295-
296-
297-
298-
299-Approved:
300-________________________________________________________________________________
301- Governor.
302-________________________________________________________________________________
303- President of the Senate.
304-________________________________________________________________________________
305- Speaker of the House of Delegates.