Read the full stored bill text
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0106*
HOUSE BILL 106
P4, F5 6lr0945
(PRE–FILED) CF SB 6
By: Delegate Foley Delegates Foley, Lehman, Ruth, Solomon, Stewart, and
Terrasa
Requested: September 24, 2025
Introduced and read first time: January 14, 2026
Assigned to: Government, Labor, and Elections
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 18, 2026
CHAPTER ______
AN ACT concerning 1
State Personnel – Collective Bargaining – Nontenure Track Faculty 2
FOR the purpose of providing collective bargaining rights to certain nontenure track faculty 3
at certain State institutions of higher education; establishing a separate collective 4
bargaining unit for cer tain nontenure track faculty; and generally relating to 5
collective bargaining for nontenure track faculty at public institutions of higher 6
education. 7
BY repealing and reenacting, with amendments, 8
Article – State Personnel and Pensions 9
Section 3–101 and 3–102(b)(9) and (12) and (d)(2) 10
Annotated Code of Maryland 11
(2024 Replacement Volume and 2025 Supplement) 12
BY repealing and reenacting, without amendments, 13
Article – State Personnel and Pensions 14
Section 3–102(b)(10), (11), and (13) 15
Annotated Code of Maryland 16
(2024 Replacement Volume and 2025 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
2 HOUSE BILL 106
Article – State Personnel and Pensions 1
3–101. 2
(a) In this title the following words have the meanings indicated. 3
(b) “Board” means the Public Employee Relations Board. 4
(c) “Chancellor” has the meaning stated in § 12–101 of the Education Article. 5
(d) “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 employe es and their employer that arises under a 16
memorandum of understanding or other written understanding. 17
(e) “Employee organization” has the meaning stated in § 22 –101 of the State 18
Government Article. 19
(f) “Exclusive representative” has the meaning stated in § 22 –101 of the State 20
Government Article. 21
(g) (1) “Faculty at the Maryland School for the Deaf” means employees who 22
have been granted the following status by the Board of Trustees of the Maryland School for 23
the Deaf: 24
(i) after–school program counselors; 25
(ii) American Sign Language specialists; 26
(iii) athletic trainers; 27
(iv) behavior specialists; 28
HOUSE BILL 106 3
(v) clerical aides; 1
(vi) dorm counselors; 2
(vii) employment specialists; 3
(viii) instructional technology resource specialists; 4
(ix) librarians; 5
(x) literacy and reading specialists; 6
(xi) occupational therapists; 7
(xii) orientation and mobility specialists; 8
(xiii) physical therapists; 9
(xiv) school counselors; 10
(xv) school IEP coordinators; 11
(xvi) school nurses; 12
(xvii) school social workers; 13
(xviii) speech–language pathologists; 14
(xix) student support specialists; 15
(xx) teachers; 16
(xxi) teacher aides; 17
(xxii) transition coordinators; and 18
(xxiii) work–to–learn specialists. 19
(2) “Faculty at the Maryland School for the Deaf” does not include officers 20
or supervisory employees at the Maryland School for the Deaf. 21
(H) “FULLY ONLINE INSTITUT ION” MEANS AN INSTITUTION THAT OFFERS 22
ALL ACADEMIC AND STUDENT SERVICES REMOTELY. 23
(I) (1) “NONTENURE TRACK FACULTY” MEANS FULL–TIME, PART–TIME, 24
OR ADJUNCT NONTENURE TRACK EMPLOYEES OF A SYSTEM INSTITUTION, MORGAN 25
STATE UNIVERSITY, OR ST. MARY’S COLLEGE OF MARYLAND WHOSE PRIMARY 26
4 HOUSE BILL 106
ASSIGNMENTS INVOLVE ACADEMIC RESPONSIBILITIES INSTRUCTION, INCLUDING 1
TEACHERS, RESEARCHERS, AND DEPARTMENT HEADS AND THOSE IN COMPARABLE 2
POSITIONS. 3
(2) “NONTENURE TRACK FACULTY” DOES NOT INCLUDE: 4
(I) FACULTY EMPLOYED AT A FULLY ONLINE INSTITUTION; OR 5
(II) FACULTY WHOSE POSITIONS ARE FULLY FUNDED THROUGH 6
A RESEARCH OR SERVICE GRANT OR CONTRACT, OR THROUGH CLINICAL REVENUES. 7
[(h)] (I) (J) “President” means: 8
(1) with regard to a constituent institution, as defined in § 12 –101 of the 9
Education Article, the president of the constituent institution; 10
(2) with regard to a center or institute, as those terms are defined in § 11
12–101 of the Education Article, the president of the center or institute; 12
(3) with regard to the University System of Maryland Office, the 13
Chancellor of the University System of Maryland; and 14
(4) with regard to Morgan State University, St. Mary’s College of 15
Maryland, and Baltimore City Community College, the president of the institution. 16
[(i)] (J) (K) “System institution” means: 17
(1) a constituent institution, as defined in § 12–101 of the Education 18
Article; 19
(2) a center or institute, as those terms are defined in § 12 –101 of the 20
Education Article; and 21
(3) the University System of Maryland Office. 22
3–102. 23
(b) This title does not apply to: 24
(9) an employee of the University System of Maryland, Morgan State 25
University, St. Mary’s College of Maryland, or Baltimore City Community College who is: 26
(i) a chief administrator or in a comparable position; 27
(ii) a deputy, associate, or assistant administrator or in a 28
comparable position; 29
HOUSE BILL 106 5
(iii) a member of the faculty, including a faculty librarian , EXCEPT 1
FOR NONTENURE TRACK FACULTY; 2
(iv) a student employee, including a teaching assistant or a 3
comparable position, fellow, or post doctoral intern; 4
(v) a cont ingent, contractual, temporary, or emergency employee , 5
EXCEPT FOR NONTENURE TRACK FACULTY; 6
(vi) a contingent, contractual, or temporary employee whose position 7
is funded through a research or service grant or contract, or through clinical revenues , 8
EXCEPT FOR NONTENURE TRACK FACULTY; or 9
(vii) an employee whose regular place of employment is outside the 10
State of Maryland, EXCEPT FOR NONTENURE TRACK FACULTY; 11
(10) an employee whose participation in a labor organization would be 12
contrary to the State’s ethics laws; 13
(11) any managerial or confidential employee of a unit of State government 14
listed in subsection (a)(1)(i) through (iv) and (vi) through (xii) of this section, as defined in 15
regulations adopted by the Secretary; 16
(12) any superviso ry, managerial, or confidential employee of a State 17
institution of higher education listed in subsection (a)(1)(v) of this section [, as defined in 18
regulations adopted by the governing board of the institution]; or 19
(13) any employee described in subsection (a)(2) of this section who is a 20
supervisory, managerial, or confidential employee, as defined in regulations adopted by the 21
Secretary. 22
(d) (2) (i) Each system institution, Morgan State University, St. Mary’s 23
College of Maryland, and Baltimore City Community College shall have separate 24
bargaining units. 25
(ii) Appropriate bargaining units shall consist of: 26
1. all eligible nonexempt employees, as described in the 27
federal Fair Labor Standards Act, except eligible sworn police officers; 28
2. all eligible exempt employees, as described in the federal 29
Fair Labor Standards Act; [and] 30
3. all eligible sworn police officers; AND 31
6 HOUSE BILL 106
4. NONTENURE TRACK FACULTY. 1
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 2
1, 2026. 3
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.