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WES MOORE, Governor Ch. 695
Chapter 695
(Senate Bill 6)
AN ACT concerning
State Personnel – Collective Bargaining – Nontenure Track Faculty
FOR the purpose of providing collective bargaining rights to certain nontenure track faculty
at certain State institutions of higher education; establishing a separate collective
bargaining unit for certain nontenure track faculty; and generally relating to
collective bargaining for nontenure track faculty 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 (12) and (d)(2)
Annotated Code of Maryland
(2024 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, without amendments,
Article – State Personnel and Pensions
Section 3–102(b)(10), (11), and (13)
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. In this title the following words have the meanings indicated.
(a)
(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
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Ch. 695 2026 LAWS OF MARYLAND
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;
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WES MOORE, Governor Ch. 695
(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) “FULLY ONLINE INSTITUTION” MEANS AN INSTITUTION THAT OFFERS
ALL ACADEMIC AND STUDENT SERVICES REMOTELY.
(I) (1) “NONTENURE TRACK FACULTY” MEANS FULL–TIME, PART–TIME,
OR ADJUNCT NONTENURE TRACK EMPLOYEES OF A SYSTEM INSTITUTION, MORGAN
STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF MARYLAND WHOSE PRIMARY
ASSIGNMENTS INVOLVE ACADEMIC RESPONSIBILITIES INSTRUCTION, INCLUDING
TEACHERS, RESEARCHERS, AND DEPARTMENT HEADS AND THOSE IN COMPARABLE
POSITIONS.
(2) “NONTENURE TRACK FACULTY” DOES NOT INCLUDE:
(I) FACULTY EMPLOYED AT A FULLY ONLINE INSTITUTION; OR
(II) FACULTY WHOSE POSITIONS ARE FULLY FUNDED THROUGH
A RESEARCH OR SERVICE GRANT OR CONTRACT, OR THROUGH CLINICAL REVENUES.
[(h)] (I) (J) “President” means:
(1) with regard to a constituent institution, as defined in § 12–101 of the
Education Article, the president of the constituent institution;
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Ch. 695 2026 LAWS OF MARYLAND
(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) (K) “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.
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, EXCEPT
FOR NONTENURE TRACK FACULTY;
(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,
EXCEPT FOR NONTENURE TRACK FACULTY;
(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 NONTENURE TRACK FACULTY; or
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WES MOORE, Governor Ch. 695
(vii) an employee whose regular place of employment is outside the
State of Maryland, EXCEPT FOR NONTENURE TRACK FACULTY;
(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.
(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. NONTENURE TRACK FACULTY.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2026.
Approved by the Governor, May 26, 2026.
–5–Every fact on this page links to its source, starting with the official bill record.