Md. Code, State Personnel and Pensions, Title 3

in effect

Md. Code, State Personnel and Pensions § 3-101

(a) In this title the following words have the meanings indicated. (b) “Board” means the Public Employee Relations Board. (c) “Chancellor” has the meaning stated in § 12–101 of the Education Article. (d) “Collective bargaining” means: (1) good faith negotiations by authorized representatives of employees and their employer with the intention of: (i) 1. reaching an agreement about wages, hours, and other terms and conditions of employment; and 2. incorporating the terms of the agreement in a written memorandum of understanding or other written understanding; or (ii) clarifying terms and conditions of employment; (2) administration of terms and conditions of employment; or (3) the voluntary adjustment of a dispute or disagreement between authorized representatives of employees and their employer that arises under a memorandum of understanding or other written understanding. (e) “Employee organization” has the meaning stated in § 22–101 of the State Government Article. (f) “Exclusive representative” has the meaning stated in § 22–101 of the State Government Article. (g) (1) “Faculty at the Maryland School for the Deaf” means employees who have been granted the following status by the Board of Trustees of the Maryland School for the Deaf: (i) after–school program counselors; (ii) American Sign Language specialists; (iii) athletic trainers; (iv) behavior specialists; (v) clerical aides; (vi) dorm counselors; (vii) employment specialists; (viii) instructional technology resource specialists; (ix) librarians; (x) literacy and reading specialists; (xi) occupational therapists; (xii) orientation and mobility specialists; (xiii) physical therapists; (xiv) school counselors; (xv) school IEP coordinators; (xvi) school nurses; (xvii) school social workers; (xviii) speech–language pathologists; (xix) student support specialists; (xx) teachers; (xxi) teacher aides; (xxii) transition coordinators; and (xxiii) work–to–learn specialists. (2) “Faculty at the Maryland School for the Deaf” does not include officers or supervisory employees at the Maryland School for the Deaf. (h) “President” means: (1) with regard to a constituent institution, as defined in § 12–101 of the Education Article, the president of the constituent institution; (2) with regard to a center or institute, as those terms are defined in § 12–101 of the Education Article, the president of the center or institute; (3) with regard to the University System of Maryland Office, the Chancellor of the University System of Maryland; and (4) with regard to Morgan State University, St. Mary’s College of Maryland, and Baltimore City Community College, the president of the institution. (i) “System institution” means: (1) a constituent institution, as defined in § 12–101 of the Education Article; (2) a center or institute, as those terms are defined in § 12–101 of the Education Article; and (3) the University System of Maryland Office.

Md. Code, State Personnel and Pensions § 3-102

(a) Except as provided in this title or as otherwise provided by law, this title applies to: (1) all employees of: (i) the principal departments within the Executive Branch of State government; (ii) the Maryland Insurance Administration; (iii) the State Department of Assessments and Taxation; (iv) the State Lottery and Gaming Control Agency; (v) the University System of Maryland, Morgan State University, St. Mary’s College of Maryland, and Baltimore City Community College; (vi) the Comptroller; (vii) the Maryland Transportation Authority who are not police officers; (viii) the State Retirement Agency; (ix) the State Department of Education; (x) the Maryland Environmental Service; (xi) the Maryland School for the Deaf; and (xii) the Office of the Public Defender; (2) firefighters for the Martin State Airport at the rank of captain or below who are employed by the Military Department; and (3) all full–time Maryland Transportation Authority police officers at the rank of first sergeant and below. (b) This title does not apply to: (1) employees of the Maryland Transit Administration, as that term is defined in § 7–601(a)(2) of the Transportation Article; (2) an employee who is elected to the position by popular vote; (3) an employee in a position by election or appointment that is provided for by the Maryland Constitution; (4) an employee who is: (i) a special appointment in the State Personnel Management System; or (ii) 1. directly appointed by the Governor by an appointment that is not provided for by the Maryland Constitution; 2. appointed by or on the staff of the Governor or Lieutenant Governor; or 3. assigned to the Government House or the Governor’s Office; (5) an employee assigned to the Board or with access to records of the Board; (6) an employee in: (i) the executive service of the State Personnel Management System; or (ii) a unit of the Executive Branch with an independent personnel system who is: 1. the chief administrator of the unit or a comparable position that is not excluded under item (3) of this subsection as a constitutional or elected office; or 2. a deputy or assistant administrator of the unit or a comparable position; (7) (i) a temporary or contractual employee in the State Personnel Management System; or (ii) a contractual, temporary, or emergency employee in a unit of the Executive Branch with an independent personnel system; (8) an employee who is entitled to participate in collective bargaining under another law; (9) an employee of the University System of Maryland, Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College who is: (i) a chief administrator or in a comparable position; (ii) a deputy, associate, or assistant administrator or in a comparable position; (iii) a member of the faculty, including a faculty librarian; (iv) a student employee, including a teaching assistant or a comparable position, fellow, or post doctoral intern; (v) a contingent, contractual, temporary, or emergency employee; (vi) a contingent, contractual, or temporary employee whose position is funded through a research or service grant or contract, or through clinical revenues; or (vii) an employee whose regular place of employment is outside the State of Maryland; (10) an employee whose participation in a labor organization would be contrary to the State’s ethics laws; (11) any managerial or confidential employee of a unit of State government listed in subsection (a)(1)(i) through (iv) and (vi) through (xii) of this section, as defined in regulations adopted by the Secretary; (12) any supervisory, managerial, or confidential employee of a State institution of higher education listed in subsection (a)(1)(v) of this section, as defined in regulations adopted by the governing board of the institution; or (13) any employee described in subsection (a)(2) of this section who is a supervisory, managerial, or confidential employee, as defined in regulations adopted by the Secretary. (c) Employees, employers, and exclusive representatives subject to this title are subject to the provisions of Title 22 of the State Government Article. (d) (1) Subject to Title 22, Subtitle 4 of the State Government Article, a bargaining unit shall consist only of employees defined in regulations adopted by the Secretary and not specifically excluded by subsection (b) of this section. (2) (i) Each system institution, Morgan State University, St. Mary’s College of Maryland, and Baltimore City Community College shall have separate bargaining units. (ii) Appropriate bargaining units shall consist of: 1. all eligible nonexempt employees, as described in the federal Fair Labor Standards Act, except eligible sworn police officers; 2. all eligible exempt employees, as described in the federal Fair Labor Standards Act; and 3. all eligible sworn police officers. (3) (i) Except as provided in subparagraph (ii) of this paragraph, the Secretary or the Secretary’s designee shall have the authority to assign classification titles and positions to bargaining units as appropriate. (ii) The following individuals and entities shall assign classification titles and positions to bargaining units at the following institutions: 1. at a system institution, the President of the system institution; and 2. at Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College, the governing board of the institution. (4) Notwithstanding any other provision of law: (i) Maryland Transportation Authority police officers at the rank of first sergeant and below shall have a separate bargaining unit; (ii) faculty at the Maryland School for the Deaf shall have a separate bargaining unit; and (iii) supervisory employees of units of State government listed in subsection (a)(1)(i) through (iv) and (vi) through (xii) of this section who are not confidential employees shall have a separate bargaining unit.

Md. Code, State Personnel and Pensions § 3-103

This title and any agreement under this title do not limit or otherwise interfere with the powers of the Governor or the Maryland General Assembly under Article III, § 52 of the Maryland Constitution.

Md. Code, State Personnel and Pensions § 3-501

(a) (1) The following individuals or entities shall designate one or more representatives to participate as a party in collective bargaining on behalf of the State or the following institutions: (i) on behalf of the State, the Governor; (ii) on behalf of the Maryland Environmental Service, the Board of Directors of the Service; (iii) on behalf of the University System of Maryland, the Chancellor; and (iv) on behalf of Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College, the governing board of the institution. (2) The exclusive representative shall designate one or more representatives to participate as a party in collective bargaining on behalf of the exclusive representative. (b) The parties shall meet at reasonable times and engage in collective bargaining in good faith, including facilitating the meaningful use of a fact finder under subsection (c)(3) of this section, and to conclude a written memorandum of understanding or other written understanding as defined under § 3–101(d)(1)(i)2 of this title. (c) (1) The parties shall make every reasonable effort to conclude negotiations in a timely manner for inclusion by the principal unit in its budget request to the Governor. (2) (i) The parties shall conclude negotiations before January 1 for any item requiring an appropriation of funds for the fiscal year that begins on the following July 1. (ii) In the budget bill submitted to the General Assembly, the Governor shall include any amounts in the budgets of the principal units required to accommodate any additional cost resulting from the negotiations, including the actuarial impact of any legislative changes to any of the State pension or retirement systems that are required, as a result of the negotiations, for the fiscal year beginning the following July 1 if the legislative changes have been negotiated to become effective in that fiscal year. (3) (i) This paragraph does not apply to negotiations between the State and the exclusive representative of the uniformed fire employees of the BWI Airport Fire and Rescue Department. (ii) If the parties do not conclude negotiations for the next fiscal year before October 25, either party may request that a fact finder be employed to resolve the issues. (iii) The fact finder shall be employed no later than November 1. (iv) A fact finder shall be a neutral party appointed by alternate striking from a list by the parties provided: 1. by the Federal Mediation and Conciliation Service; or 2. under the Labor Arbitration Rules of the American Arbitration Association. (v) The fact finder: 1. may give notice and hold hearings in accordance with the Administrative Procedure Act; 2. may administer oaths and take testimony and other evidence; 3. may issue subpoenas; and 4. before November 20, shall make written recommendations regarding wages, hours, and working conditions, and any other terms or conditions of employment that may be in dispute. (vi) The written recommendations of the fact finder shall be delivered to the Governor, the exclusive representative, the President of the Senate, and the Speaker of the House of Delegates by the Secretary on or before December 1. (4) (i) This paragraph applies only to negotiations between the State and the exclusive representative of the uniformed fire employees of the BWI Airport Fire and Rescue Department. (ii) The parties shall reach an agreement by September 30 of the year in which a collective bargaining agreement will expire. (iii) An impasse is reached during the negotiations if the parties do not reach an agreement: 1. by stating that they mutually agree they are at an impasse; or 2. on or before October 1 of the year in which a collective bargaining agreement will expire. (iv) If an impasse is reached under subparagraph (iii) of this paragraph, each party shall submit its last, best, and final offer to the other party within 48 hours after the impasse is reached. (v) 1. Unless the impasse has been resolved, the parties shall meet within 5 business days after the impasse is reached under subparagraph (iii) of this paragraph to select an arbitrator from a list of 15 arbitrators provided by the American Arbitration Association’s labor arbitration panel. 2. The parties shall select the arbitrator by alternately striking a name from the list until one name remains. 3. If the selected arbitrator is unable to fulfill the responsibilities of the arbitration, the selection process shall be repeated using a new list of arbitrators until an arbitrator is selected. 4. The parties shall submit the dispute and the last, best, and final offers to the arbitrator within 5 business days after the arbitrator is selected. (vi) 1. The arbitrator shall hold formal hearings as necessary in order to resolve the impasse. 2. During the first 21 days immediately following the appointment of the arbitrator and before holding any formal hearings, the arbitrator may, if determined appropriate by the arbitrator, attempt to resolve the impasse by acting as a neutral mediator between the parties. (vii) The arbitrator shall select one party’s last, best, and final offer on or before December 15. (viii) 1. Subject to subsubparagraph 2 of this subparagraph, the decision of the arbitrator is binding on the parties. 2. A decision of an arbitrator under this paragraph related to wages is subject to the limitations of the State budget. (ix) The parties shall equally share the costs of the services of the arbitrator. (d) (1) A memorandum of understanding that incorporates all matters of agreement reached by the parties shall be executed by the exclusive representative and: (i) for a memorandum of understanding relating to the State, the Governor or the Governor’s designee; (ii) for a memorandum of understanding relating to the Maryland Environmental Service, the Board of Directors of the Service; (iii) for a memorandum of understanding relating to a system institution, the Chancellor or the Chancellor’s designee; and (iv) for a memorandum of understanding relating to Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College, the governing board of the institution or the governing board’s designee. (2) To the extent these matters require legislative approval or the appropriation of funds, the matters shall be recommended to the General Assembly for approval or for the appropriation of funds. (3) To the extent matters involving a State institution of higher education require legislative approval, the legislation shall be recommended to the Governor for submission to the General Assembly. (e) (1) Except as provided in paragraph (2) of this subsection, negotiations for a memorandum of understanding shall be considered closed sessions under § 3–305 of the General Provisions Article. (2) An exclusive representative may not be considered a public body under § 3–101 of the General Provisions Article. (f) (1) The terms of a memorandum of understanding executed by the Governor or the Governor’s designee and an exclusive representative of a bargaining unit for skilled service or professional service employees in the State Personnel Management System are not applicable to employees of a State institution of higher education. (2) The terms of a memorandum of understanding executed by the Chancellor or the governing board of Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College, or their respective designees, and the exclusive representative of a bargaining unit for employees of a State institution of higher education are not applicable to skilled service or professional service employees in the State Personnel Management System.

Md. Code, State Personnel and Pensions § 3-502

(a) Collective bargaining shall include all matters relating to: (1) wages, hours, and other terms and conditions of employment; and (2) the time and manner of access to a new employee program in accordance with § 22–207 of the State Government Article. (b) Notwithstanding subsection (a) of this section, the representatives of the State, the Maryland Environmental Service, a system institution, Morgan State University, St. Mary’s College of Maryland, and Baltimore City Community College: (1) may not be required to negotiate over any matter that is inconsistent with applicable law; and (2) may negotiate and reach agreement with regard to any such matter only if it is understood that the agreement with respect to such matter cannot become effective unless the applicable law is amended by the General Assembly.

Md. Code, State Personnel and Pensions § 3-601

(a) (1) A memorandum of understanding shall contain all matters of agreement reached in the collective bargaining process. (2) The memorandum shall be in writing and signed by the exclusive representative involved in the collective bargaining negotiations and: (i) for a memorandum of understanding relating to the State, the Governor or the Governor’s designee; (ii) for a memorandum of understanding relating to the Maryland Environmental Service, the Board of Directors of the Service; (iii) for a memorandum of understanding relating to a system institution of the University System of Maryland, the Chancellor or the Chancellor’s designee; and (iv) for a memorandum of understanding relating to Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College, the governing board of the institution or the governing board’s designee. (b) No memorandum of understanding is valid if it extends for less than 1 year or for more than 3 years. (c) (1) Except as provided in paragraphs (2) and (3) of this subsection, a memorandum of understanding is not effective until it is ratified by the Governor and a majority of the votes cast by the employees in the bargaining unit. (2) In the case of a State institution of higher education or the University System of Maryland, a memorandum of understanding is not effective until it is ratified by the institution’s governing board or the University System of Maryland Board of Regents and a majority of the votes cast by the employees in the bargaining unit. (3) In the case of the Maryland Environmental Service, a memorandum of understanding is not effective until it is ratified by the Board of Directors of the Service and a majority of the votes cast by the employees in the bargaining unit.

Md. Code, State Personnel and Pensions § 3-602

(a) Subject to subsections (b) and (c) of this section, with regard to the University System of Maryland, if an exclusive representative represents more than one bargaining unit of employees and requests to bargain a consolidated memorandum of understanding, the Chancellor and the exclusive representative shall negotiate the terms of one consolidated memorandum of understanding to apply to all bargaining units for employees of all system institutions represented by the exclusive representative. (b) (1) A consolidated memorandum of understanding shall include terms relating to: (i) contracting out or supplementing bargaining unit work; (ii) duration of the consolidated memorandum of understanding; (iii) employee rights; (iv) grievance and appeals of discipline; (v) health, safety, and welfare, including personal protective equipment; (vi) insurance related to health and other benefits; (vii) union stewards; (viii) labor management committees; (ix) layoffs and recall; (x) leave; (xi) maintenance of membership; (xii) management rights; (xiii) nondiscrimination; (xiv) performance evaluations; (xv) personnel files; (xvi) probationary periods; (xvii) recognition and scope; (xviii) retirement benefits; (xix) tuition remission; (xx) rights and responsibilities of essential workers; (xxi) union rights; and (xxii) wages and salaries. (2) (i) A president of a system institution, or the president’s designee, and the exclusive representative shall negotiate and enter into a separate agreement regarding the following matters: 1. designation of essential employees; 2. student breaks and holidays; 3. hours of work; 4. other compensation that does not directly impact wages or salary; 5. shift differentials; 6. teleworking; and 7. uniforms and equipment. (ii) A consolidated memorandum of understanding may not include terms relating to the matters listed in subparagraph (i) of this paragraph. (3) For a matter particular to a system institution that is not listed in paragraph (1) or (2) of this subsection, the matter shall be negotiated: (i) on mutual agreement and in writing, by the exclusive representative and the president of the system institution or the president’s designee; or (ii) if the parties in item (i) of this paragraph cannot mutually agree, as part of the consolidated memorandum of understanding. (c) On conclusion of negotiations under this section, all matters of agreement regarding matters listed in subsection (b)(1) and (b)(3) of this section shall be included in the consolidated memorandum of understanding. (d) Subject to § 3–603 of this subtitle, the effective date of a consolidated memorandum of understanding under this section shall be July 1 to align with the fiscal year of the University System of Maryland and shall continue in effect until a subsequent June 30.

Md. Code, State Personnel and Pensions § 3-603

(a) A memorandum of understanding agreed to and ratified under § 3–601 of this subtitle may not expire until it is succeeded by a memorandum of understanding that is agreed to and ratified or adopted by arbitration under this title. (b) Notwithstanding § 3–601(b) of this subtitle, all terms of a memorandum of understanding shall continue in force and effect without change until a successor memorandum of understanding is agreed to and ratified. (c) (1) Based on a verified complaint by an exclusive representative, the exclusive representative may file an action in a circuit court against the State, the Maryland Environmental Service, a system institution, Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College to enforce the terms of this section. (2) On receipt of an action submitted by the exclusive representative, the court shall issue a status quo order without a finding of irreparable harm to maintain a memorandum of understanding and the terms in effect pending a final order in the action.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026