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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
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amendment.
*hb1108*
HOUSE BILL 1108
K3 6lr2361
CF SB 887
By: Delegates Stewart and Hornberger, Hornberger, Lehman, Ruth, Schindler,
Terrasa, Wells, and Wu
Introduced and read first time: February 11, 2026
Assigned to: Government, Labor, and Elections
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 3, 2026
CHAPTER ______
AN ACT concerning 1
Labor and Employment – Greenhouse Workers – Collective Bargaining and Heat 2
Protection 3
FOR the purpose of establishing collective bargaining rights for employees of employers 4
that operate controlled –environment agricultural operations; requiring the 5
Secretary of Labor Public Employee Rel ations Board to establish by regulation 6
certain procedures related to the collective bargaining; authorizing the Secretary 7
Board to investigate violations and enforce certain provisions of this Act related to 8
collective bargaining; requiring the employers who operate controlled –environment 9
agricultural operations to provide to their employees certain rest breaks under 10
certain circumstances; and generally relating to greenhouse workers. 11
BY adding to 12
Article – Labor and Employment 13
Section 4 –701 through 4 –703 to be under the new subtitle “Subtitle 7. Collective 14
Bargaining for Greenhouse Workers”; and 5–1202 15
Annotated Code of Maryland 16
(2025 Replacement Volume) 17
BY repealing and reenacting, without amendments, 18
Article – Labor and Employment 19
Section 5–1201 20
Annotated Code of Maryland 21
(2025 Replacement Volume) 22
2 HOUSE BILL 1108
BY repealing and reenacting, with amendments, 1
Article – State Government 2
Section 22–306(a) 3
Annotated Code of Maryland 4
(2021 Replacement Volume and 2025 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Labor and Employment 8
SUBTITLE 7. COLLECTIVE BARGAINING FOR GREENHOUSE WORKERS. 9
4–701. 10
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 11
INDICATED. 12
(B) “BOARD” MEANS THE PUBLIC EMPLOYEE RELATIONS BOARD. 13
(C) “CONTROLLED–ENVIRONMENT AGRICULTURAL OPERATION” MEANS AN 14
AGRICULTURAL OPERATION IN WHICH PLANTS ARE CULTIVATED PRIMARILY WITHIN 15
A GREENHOUSE OR OTHE R ENCLOSED STRUCTURE WHERE TEMPERATURE AN D 16
ENVIRONMENTAL CONDITIONS ARE ARTIFICIALLY REGULATED. 17
(C) (D) (1) “EMPLOYEE” MEANS AN INDIVIDUAL: 18
(I) EMPLOYED BY AN EMPLOYER ENGAGED IN THE BUSINESS 19
OF OPERATING A CONTROLLED–ENVIRONMENT AGRICULTURAL OPERATION; AND 20
(II) WHOSE JOB DUTIES REQ UIRE WORKING IN A GR EENHOUSE 21
OR OTHER ENCLOSED ST RUCTURE WHERE TEMPER ATURE AND ENVIRONMEN TAL 22
CONDITIONS ARE ARTIFICIALLY REGULATED. 23
(2) “EMPLOYEE” DOES NOT INCLUDE AN INDIVIDUAL WHOSE JOB 24
DUTIES EXCLUSIVELY INVOLVE THE PROVISION OF RETAIL SERVICES. 25
(D) (E) “EMPLOYEE ORGANIZATION” MEANS A LABOR ORGANI ZATION IN 26
WHICH EMPLOYEES PARTICIPATE AND THAT HAS AS ONE OF ITS PRIMARY PURPOSES 27
REPRESENTING EMPLOYEES. 28
(E) (F) “EXCLUSIVE REPRESENTAT IVE” MEANS AN EMPLOYEE 29
ORGANIZATION THAT HAS BEEN CERTIFIED THROUGH AN ELECTION OF EMPLOYEES 30
HOUSE BILL 1108 3
TO REPRESENT AND BAR GAIN FOR THOSE EMPLO YEES OVER ANY TERMS AND 1
CONDITIONS OF EMPLOYMENT AUTHORIZED UNDER THIS SUBTITLE. 2
(F) (G) (1) “SHOWING OF INTEREST F ORM” MEANS A WRITTEN 3
STATEMENT FROM AN EM PLOYEE WHO WISHES TO BE REPRESENTED BY A 4
PETITIONING EMPLOYEE FOR THE PURPOSE OF COLLECTIVE BARGAINING. 5
(2) “SHOWING OF INTEREST F ORM” INCLUDES A UNION 6
AUTHORIZATION CARD OR UNION MEMBERSHIP CARD. 7
(G) “SECRETARY” MEANS THE SECRETARY OF LABOR. 8
4–702. 9
(A) EMPLOYEES HAVE THE RIGHT TO: 10
(1) SELF–ORGANIZATION; 11
(2) FORM, JOIN, OR ASSIST AN EMPLOYEE ORGANIZATION; 12
(3) BARGAIN COLLECTIVELY THROUGH AN EXCLUSIVE 13
REPRESENTATIVE OF THEIR CHOICE; 14
(4) DECERTIFY AN EMPLOYE E ORGANIZATION AS TH EIR EXCLUSIVE 15
REPRESENTATIVE; 16
(5) ENGAGE IN OTHER LAWF UL CONCERTED ACTIVIT IES FOR THE 17
PURPOSE OF COLLECTIVE BARGAINING; AND 18
(6) REFRAIN FROM ANY ACTIVITY UNDER ITEMS (1) THROUGH (4) OF 19
THIS SUBSECTION. 20
(B) THE EMPLOYER AND THE EMPLOYEE ORGANIZATIO N THAT IS 21
CERTIFIED AS THE EXC LUSIVE REPRESENTATIV E IN ACCORDANCE WITH 22
REGULATIONS ADOPTED BY THE SECRETARY BOARD SHALL: 23
(1) MEET AT REASONABLE TIMES; 24
(2) ENGAGE IN COLLECTIVE BARGAINING IN GOOD FAITH; 25
(3) MAKE REASONABLE EFFORTS TO CONCLUDE NEGOTIATIONS WITH 26
A FINAL WRITTEN AGREEMENT; AND 27
4 HOUSE BILL 1108
(4) REDUCE TO WRITING AL L MATTERS AGREED ON AS A RESULT OF 1
NEGOTIATIONS. 2
(C) COLLECTIVE BARGAINING SHALL INCLUDE ALL MATTERS RELATING TO 3
WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT. 4
(D) AN EMPLOYER MAY NOT I NTERFERE WITH, INTIMIDATE, RESTRAIN, OR 5
COERCE AN EMPLOYEE IN THE EXERCISE OF THE EMPLOYEE’S RIGHTS UNDER THIS 6
SUBTITLE. 7
4–703. 8
(A) THE SECRETARY BOARD SHALL ADOPT REGULATI ONS TO CARRY OUT 9
THIS SUBTITLE, INCLUDING PROCEDURES FOR: 10
(1) DETERMINING APPROPRIATE BARGAINING UNITS; 11
(2) VERIFICATION OF SHOWING OF INTEREST FORMS; 12
(3) ELECTION OF THE EXCL USIVE REPRESENTATIVE, INCLUDING BY 13
SECRET BALLOT, MAIL–IN BALLOT, OR ELECTRONIC BALLOT; 14
(4) CERTIFICATION OF THE EXCLUSIVE REPRESENTATIVE; AND 15
(5) PROCEDURES FOR RESOL VING AN IMPASSE BETW EEN THE 16
PARTIES. 17
(B) (1) THE SECRETARY BOARD MAY: 18
(I) INVESTIGATE AN ALLEG ED VIOLATION OF THIS SUBTITLE; 19
AND 20
(II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , TAKE 21
APPROPRIATE ENFORCEM ENT ACTION FOR A VIO LATION OF THIS SUBTI TLE 22
CONSISTENT WITH AN E NFORCEMENT ACTION ES TABLISHED BY ANY OTH ER 23
PROVISION OF STATE LAW FOR LABOR D ISPUTES INVOLVING EM PLOYEES OF 24
GOVERNMENTAL UNITS. 25
(2) IN THE EXERCISE OF THE AUTHORITY UNDER PARAGRAPH (1)(II) 26
OF THIS SUBSECTION , THE SECRETARY BOARD MAY NOT ASSESS A MON ETARY 27
PENALTY. 28
5–1201. 29
HOUSE BILL 1108 5
(a) (1) In this section the following words have the meanings indicated. 1
(2) “Heat–related illness” means a medical condition resulting from the 2
inability of the body to rid itself of excess heat, including heat rash, heat cramps, heat 3
exhaustion, heat syncope, and heat stroke. 4
(3) “Heat stress” means the net load to which a worker is exposed from the 5
combined contributions of metabolic heat, environmental factors, and clothing worn that 6
results in an increase in heat storage in the body, causing body temperature to rise to 7
sometimes dangerous levels. 8
(b) (1) On or before Oc tober 1, 2022, the Commissioner, in consultation with 9
the Maryland Occupational Safety and Health Advisory Board, shall develop and adopt 10
regulations that require employers to protect employees from heat –related illness caused 11
by heat stress. 12
(2) Before the Commissioner begins the process for developing and 13
adopting the regulations required under paragraph (1) of this subsection, Maryland 14
Occupational Safety and Health shall hold informational hearings in four different 15
geographical areas of the State for the purpose of obtaining input from interested parties. 16
(3) In developing the regulations required under paragraph (1) of this 17
subsection, the Commissioner shall consider standards created by the National Institute 18
for Occupational Safety and Health, the American Conference of Governmental Industrial 19
Hygienists, and the American National Standards Institute. 20
5–1202. 21
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 22
INDICATED. 23
(2) “CONTROLLED–ENVIRONMENT AGRICULTURAL OPERATION” HAS 24
THE MEANING STATED IN § 4–701 OF THIS ARTICLE. 25
(3) “HEAT INDEX ” MEANS THE APPARENT T EMPERATURE AS 26
DETERMINED BY A GENERALLY ACCEPTED HEAT INDEX CHART PUBLISHED BY THE 27
NATIONAL WEATHER SERVICE OR A SUCCESSO R STANDARD ADOPTED B Y THE 28
SECRETARY. 29
(B) THIS SECTION APPLIES ONLY TO AN EMPLOYEE: 30
(1) OF AN EMPLOYER WHO OPERATES A CONTROLLED–ENVIRONMENT 31
AGRICULTURAL OPERATION; AND 32
6 HOUSE BILL 1108
(2) WHOSE JOB DUTIES REQ UIRE WORKING IN A GR EENHOUSE OR 1
OTHER ENCLOSED STRUC TURE WHERE TEMPERATU RE AND ENVIRONMENTAL 2
CONDITIONS ARE ARTIFICIALLY REGULATED. 3
(C) IF A REQUIREMENT ESTA BLISHED UNDER THIS S ECTION AND A 4
REQUIREMENT ESTABLIS HED BY THE COMMISSIONER IN ACCOR DANCE WITH § 5
5–1201 OF THIS SUBTITLE CON FLICT, THE REQUIREMENT PROV IDING GREATER 6
PROTECTION TO AN EMPLOYEE SHALL PREVAIL TO THE EXTENT OF THE CONFLICT. 7
(D) EACH EMPLOYER SHALL PROVIDE EMPLOYEES WITH PAID REST BREAKS 8
OF NOT LESS THAN 5 MINUTES FOR EACH HOU R THAT THE HEAT INDE X INSIDE A 9
CONTROLLED–ENVIRONMENT AGRICULT URAL OPERATION REACH ES AND 10
MAINTAINS AT LEAST 90 DEGREES FAHRENHEIT. 11
(E) A REST BREAK PROVIDED IN ACCORDANCE WITH THIS SECTION: 12
(1) SHALL BE COMPENSATED AS WORKING TIME PAID AT THE 13
EMPLOYEE’S REGULAR RATE OF PA Y UNLESS THE BREAK C OINCIDES WITH AN 14
OTHERWISE UNPAID MEAL PERIOD; AND 15
(2) MAY BE PROVIDED CONCURRENTLY WITH AN Y OTHER REST 16
BREAK REQUIRED UNDER ANY OTHER FEDERAL OR STATE LAW. 17
Article – State Government 18
22–306. 19
(a) The Board is responsible for administering and enforcing provisions of: 20
(1) this title; 21
(2) Title 6, Subtitles 4 and 5 of the Education Article; 22
(3) Title 16, Subtitle 7 of the Education Article; [and] 23
(4) Title 3 of the State Personnel and Pensions Article; AND 24
(5) TITLE 4, SUBTITLE 7 OF THE LABOR AND EMPLOYMENT ARTICLE. 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October 1, 2026. 27