State Personnel - Collective Bargaining - Graduate Assistants, the official text

WES MOORE, Governor                                     Ch. 774

Chapter 774

                   (House Bill 141)

AN ACT concerning

        State Personnel – Collective Bargaining – Graduate Assistants

FOR the purpose of providing collective bargaining rights to certain graduate assistants at
         certain public institutions of higher education; establishing a separate collective
         bargaining unit for the graduate assistants; and generally relating to collective
         bargaining for graduate assistants at public institutions of higher education.

BY repealing and reenacting, with amendments,
         Article – State Personnel and Pensions
         Section 3–101 and 3–102(b)(9) and (d)(2)
         Annotated Code of Maryland
         (2024 Replacement Volume and 2025 Supplement)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                   Article – 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

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Ch. 774  2026 LAWS OF MARYLAND

                  (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;

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          WES MOORE, Governor                    Ch. 774

          (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) “GRADUATE ASSISTANT” MEANS A GRADUATE STUDENT AT A SYSTEM
INSTITUTION, MORGAN STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF
MARYLAND THE UNIVERSITY OF MARYLAND, COLLEGE PARK OR THE UNIVERSITY
OF MARYLAND, BALTIMORE COUNTY WHO IS A TEACHING, ADMINISTRATIVE, OR
RESEARCH ASSISTANT OR IN A COMPARABLE POSITION, A FELLOW, OR A
POSTDOCTORAL INTERN.

[(h)] (I) “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)] (J) “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

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Ch. 774  2026 LAWS OF MARYLAND

                  (3) the University System of Maryland Office.

3–102.

         (b) This title does not apply to:

                  (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] AN UNDERGRADUATE student employee[, including a
teaching assistant or a comparable position, fellow, or post doctoral intern], EXCEPT FOR
A GRADUATE ASSISTANT;

                         (v) a contingent, contractual, temporary, or emergency employee,
EXCEPT FOR A GRADUATE ASSISTANT;

                           (vi) a contingent, contractual, or temporary employee whose position
is funded through a research or service grant or contract, or through clinical revenues,
EXCEPT FOR A GRADUATE ASSISTANT; or

                           (vii) an employee whose regular place of employment is outside the
State of Maryland;

         (d) (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; AND

                                 4. ALL ELIGIBLE GRADUATE ASSISTANTS.

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WES MOORE, Governor  Ch. 774

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2026 2028.

Approved by the Governor, May 26, 2026.

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