Maryland SB 491: Higher Education - Collective Bargaining - Graduate Assistants (Graduate Assistant Collective Bargaining Fairness Act)

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. 
        [Brackets] indicate matter deleted from existing law. 
           *sb0491*   
  
SENATE BILL 491 
P4, F2   9lr2512 
SB 560/18 – FIN   CF HB 270 
By: Senators   Rosapepe,   Benson,   Ellis,   Feldman,   McCray,   Pinsky,   Smith, 
Washington, and Young 
Introduced and read first time: February 4, 2019 
Assigned to: Finance 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Higher Education – Collective Bargaining – Graduate Assistants  2 
(Graduate Assistant Collective Bargaining Fairness Act) 3 
 
FOR the purpose of providing collective bargaining rights to certain graduate assistants at 4 
certain  public  institutions  of  higher  education;  altering  certain  exceptions  to  the 5 
applicability of provisions of law governing collective bargaining for State employees; 6 
establishing  a  separate  collective  bargaining  unit  for  certain  graduate  assistants; 7 
defining  a  certain  term;  altering  a  certain  definition;  and  generally  relating  to 8 
collective   bargaining   for   graduate   assistants   at   public   institutions   of   higher 9 
education. 10 
 
BY repealing and reenacting, with amendments, 11 
 Article – State Personnel and Pensions 12 
Section 3–101, 3–102, and 3–403(d) 13 
 Annotated Code of Maryland 14 
 (2015 Replacement Volume and 2018 Supplement) 15 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 
That the Laws of Maryland read as follows: 17 
 
Article – State Personnel and Pensions 18 
 
3–101. 19 
 
 (a) In this title the following words have the meanings indicated. 20 
 
 (b) “Board” means: 21 
 
  (1) with regard to any matter relating to employees of any of the units of 22 
State  government  described  in  §  3–102(a)(1)(i)  through  (iv)  and  (vi)  through  (x)  of  this 23 

2 SENATE BILL 491  
 
 
subtitle and employees described in § 3–102(a)(2) of this subtitle, the State Labor Relations 1 
Board; and 2 
 
  (2) with regard to any matter relating to employees of any State institution 3 
of higher education described in § 3–102(a)(1)(v) of this subtitle, the State Higher Education 4 
Labor Relations Board. 5 
 
 (c) “Collective bargaining” means: 6 
 
  (1) good faith negotiations by authorized representatives of employees and 7 
their employer with the intention of: 8 
 
   (i) 1. reaching  an  agreement  about  wages,  hours,  and  other 9 
terms and conditions of employment; and 10 
 
    2. incorporating  the  terms  of  the  agreement  in  a  written 11 
memorandum of understanding or other written understanding; or 12 
 
   (ii) clarifying terms and conditions of employment; 13 
 
  (2) administration of terms and conditions of employment; or 14 
 
  (3) the   voluntary  adjustment   of   a   dispute   or   disagreement   between 15 
authorized   representatives   of   employees   and   their   employer   that arises   under   a 16 
memorandum of understanding or other written understanding. 17 
 
 (d) “Employee organization” means a labor or other organization in which State 18 
employees OR  GRADUATE  ASSISTANTS participate  and  that  has  as  one  of  its  primary 19 
purposes representing employees. 20 
 
 (e) “Exclusive representative” means an employee organization that has been 21 
certified by the Board as an exclusive representative under Subtitle 4 of this title. 22 
 
 (f) “GRADUATE  ASSISTANT” MEANS  A  GRADUATE  STUDENT  AT  A  SYSTEM 23 
INSTITUTION, MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE   OF 24 
MARYLAND WHO IS A TEACHING, ADMINISTRATIVE, OR RESEARCH ASSISTANT, OR IN 25 
A COMPARABLE POSITION, A FELLOW, OR A POSTDOCTORAL INTERN. 26 
 
 (G) “President” means: 27 
 
  (1) with regard to a constituent institution, as defined in § 12–101 of the 28 
Education Article, the president of the constituent institution; 29 
 
  (2) with  regard  to  a  center  or  institute,  as  those  terms  are  defined  in  §  30 
12–101 of the Education Article, the president of the center or institute; 31 
 

 SENATE BILL 491 3 
 
 
  (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 
 
 [(g)] (H) “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 
 
 (a) Except  as  provided  in  this  title  or  as  otherwise  provided  by  law,  this  title 12 
applies to: 13 
 
  (1) all employees of: 14 
 
   (i) the principal departments within the Executive Branch of State 15 
government; 16 
 
   (ii) the Maryland Insurance Administration; 17 
 
   (iii) the St