Read the full stored bill text
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0887*
SENATE BILL 887
K3 6lr3475
By: Senators Lam and McCray
Introduced and read first time: February 6, 2026
Assigned to: Finance
A BILL ENTITLED
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; requi ring the 5
Secretary of Labor to establish by regulation certain procedures related to the 6
collective bargaining; authorizing the Secretary to investigate violations and enforce 7
certain provisions of this Act related to collective bargaining; requiring the 8
employers who operate controlled–environment agricultural operations to provide to 9
their employees certain rest breaks under certain circumstances; and generally 10
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
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Labor and Employment 25
2 SENATE BILL 887
SUBTITLE 7. COLLECTIVE BARGAINING FOR GREENHOUSE WORKERS. 1
4–701. 2
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 3
INDICATED. 4
(B) “CONTROLLED–ENVIRONMENT AGRICULTURAL OPERATION” MEANS AN 5
AGRICULTURAL OPERATION IN WHICH PLANTS ARE CULTIVATED PRIMARILY WITHIN 6
A GREENHOUSE OR OTHE R ENCLOSED STR UCTURE WHERE TEMPERA TURE AND 7
ENVIRONMENTAL CONDITIONS ARE ARTIFICIALLY REGULATED. 8
(C) “EMPLOYEE” MEANS AN INDIVIDUAL EMPLOYED BY AN EMPLO YER 9
ENGAGED IN THE BUSIN ESS OF OPERATING A C ONTROLLED–ENVIRONMENT 10
AGRICULTURAL OPERATION. 11
(D) “EMPLOYEE ORGANIZATION” MEANS A LABOR ORGANIZATION IN WHICH 12
EMPLOYEES PARTICIPAT E AND THAT HAS AS ON E OF ITS PRIMARY PUR POSES 13
REPRESENTING EMPLOYEES. 14
(E) “EXCLUSIVE REPRESENTATIVE” MEANS AN EMPLOYEE OR GANIZATION 15
THAT HAS BEEN CERTIFIED THROUGH AN ELECTION OF EMPLOYEES TO REPRESENT 16
AND BARGAIN FOR THOS E EMPLOYEES OVER ANY TERMS AND CONDITIONS OF 17
EMPLOYMENT AUTHORIZED UNDER THIS SUBTITLE. 18
(F) (1) “SHOWING OF INTEREST F ORM” MEANS A WRITTEN STAT EMENT 19
FROM AN EMPLOYEE WHO WISHES TO BE REPRESE NTED BY A PETITIONIN G 20
EMPLOYEE FOR THE PURPOSE OF COLLECTIVE BARGAINING. 21
(2) “SHOWING OF INTEREST F ORM” INCLUDES A UNION 22
AUTHORIZATION CARD OR UNION MEMBERSHIP CARD. 23
(G) “SECRETARY” MEANS THE SECRETARY OF LABOR. 24
4–702. 25
(A) EMPLOYEES HAVE THE RIGHT TO: 26
(1) SELF–ORGANIZATION; 27
(2) FORM, JOIN, OR ASSIST AN EMPLOYEE ORGANIZATION; 28
SENATE BILL 887 3
(3) BARGAIN COLLECTIVELY THROUGH AN EXCLUSIVE 1
REPRESENTATIVE OF THEIR CHOICE; 2
(4) DECERTIFY AN EMPLOYE E ORGANIZATION AS TH EIR EXCLUSIVE 3
REPRESENTATIVE; 4
(5) ENGAGE IN OTHER LAWF UL CONCE RTED ACTIVITIES FOR THE 5
PURPOSE OF COLLECTIVE BARGAINING; AND 6
(6) REFRAIN FROM ANY ACTIVITY UNDER ITEMS (1) THROUGH (4) OF 7
THIS SUBSECTION. 8
(B) THE EMPLOYER AND THE EMPLOYEE ORGANIZATIO N THAT IS 9
CERTIFIED AS THE EXC LUSIVE REPRESENTATIV E IN ACCORDANCE WITH 10
REGULATIONS ADOPTED BY THE SECRETARY SHALL: 11
(1) MEET AT REASONABLE TIMES; 12
(2) ENGAGE IN COLLECTIVE BARGAINING IN GOOD FAITH; 13
(3) MAKE REASONABLE EFFORTS TO CONCLUDE NEGOTIATIONS WITH 14
A FINAL WRITTEN AGREEMENT; AND 15
(4) REDUCE TO WRITING AL L MATTERS AGREED ON AS A RESULT OF 16
NEGOTIATIONS. 17
(C) COLLECTIVE BARGAINING SHALL INCLUDE ALL MATTERS RELATING TO 18
WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT. 19
(D) AN EMPLOYER MAY NOT I NTERFERE WITH, INTIMIDATE, RESTRAIN, OR 20
COERCE AN EMPLOYEE IN THE EXERCISE OF THE EMPLOYEE’S RIGHTS UNDER THIS 21
SUBTITLE. 22
4–703. 23
(A) THE SECRETARY SHALL ADOPT REGULATIONS TO CARRY OUT THIS 24
SUBTITLE, INCLUDING PROCEDURES FOR: 25
(1) DETERMINING APPROPRIATE BARGAINING UNITS; 26
(2) VERIFICATION OF SHOWING OF INTEREST FORMS; 27
4 SENATE BILL 887
(3) ELECTION OF THE EXCL USIVE REPRESENTATIVE, INCLUDING BY 1
SECRET BALLOT, MAIL–IN BALLOT, OR ELECTRONIC BALLOT; 2
(4) CERTIFICATION OF THE EXCLUSIVE REPRESENTATIVE; AND 3
(5) PROCEDURES FOR RESOL VING AN IMPASSE BETW EEN THE 4
PARTIES. 5
(B) (1) THE SECRETARY MAY: 6
(I) INVESTIGATE AN ALLEG ED VIOLATION OF THIS SUBTITLE; 7
AND 8
(II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , TAKE 9
APPROPRIATE ENFORCEM ENT ACTION FOR A VIO LATION OF THIS SUBTI TLE 10
CONSISTENT WITH AN E NFORCEMENT ACTION ES TABLISHED BY ANY OTHER 11
PROVISION OF STATE LAW FOR LABOR D ISPUTES INVOLVING EM PLOYEES OF 12
GOVERNMENTAL UNITS. 13
(2) IN THE EXERCISE OF THE AUTHORITY UNDER PARAGRAPH (1)(II) 14
OF THIS SUBSECTION, THE SECRETARY MAY NOT ASSESS A MONETARY PENALTY. 15
5–1201. 16
(a) (1) In this section the following words have the meanings indicated. 17
(2) “Heat–related illness” means a medical condition resulting from the 18
inability of the body to rid itself of excess heat, including heat rash, heat cramps, heat 19
exhaustion, heat syncope, and heat stroke. 20
(3) “Heat stress” means the net load to which a worker is exposed from the 21
combined contributions of metabolic heat, environmental factors, and clothing worn that 22
results in an increase in heat storage in the body, causing body temper ature to rise to 23
sometimes dangerous levels. 24
(b) (1) On or before October 1, 2022, the Commissioner, in consultation with 25
the Maryland Occupational Safety and Health Advisory Board, shall develop and adopt 26
regulations that require employers to protect employees from heat–related illness caused 27
by heat stress. 28
(2) Before the Commissioner begins the process for developing and 29
adopting the regulations required under paragraph (1) of this subsection, Maryland 30
Occupational Safety and Health shall hold inf ormational hearings in four different 31
geographical areas of the State for the purpose of obtaining input from interested parties. 32
SENATE BILL 887 5
(3) In developing the regulations required under paragraph (1) of this 1
subsection, the Commissioner shall consider standard s created by the National Institute 2
for Occupational Safety and Health, the American Conference of Governmental Industrial 3
Hygienists, and the American National Standards Institute. 4
5–1202. 5
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 6
INDICATED. 7
(2) “CONTROLLED–ENVIRONMENT AGRICULTURAL OPERATION” HAS 8
THE MEANING STATED IN § 4–701 OF THIS ARTICLE. 9
(3) “HEAT INDEX ” MEANS THE APPARENT T EMPERATURE AS 10
DETERMINED BY A GENERALLY ACCEPTED HEAT INDEX CHART PUBLISHED BY THE 11
NATIONAL WEATHER SERVICE OR A SUCCESSO R STANDARD ADOPTED B Y THE 12
SECRETARY. 13
(B) THIS SECTION APPLIES ONLY TO AN EMPLOYEE OF AN EMPLOYER WHO 14
OPERATES A CONTROLLED–ENVIRONMENT AGRICULTURAL OPERATION. 15
(C) IF A REQUIREMENT ESTA BLISHED UNDER THIS S ECTION AND A 16
REQUIREMENT ES TABLISHED BY THE COMMISSIONER IN ACCOR DANCE WITH § 17
5–1201 OF THIS SUBTITLE CON FLICT, THE REQUIREMENT PROV IDING GREATER 18
PROTECTION TO AN EMPLOYEE SHALL PREVAIL TO THE EXTENT OF THE CONFLICT. 19
(D) EACH EMPLOYER SHALL PROVIDE EMPLOYEES WITH PAID REST BREAKS 20
OF NOT LESS THAN 5 MINUTES FOR EACH HOU R THAT THE HEAT INDE X INSIDE A 21
CONTROLLED–ENVIRONMENT AGRICULT URAL OPERATION REACH ES AND 22
MAINTAINS AT LEAST 90 DEGREES FAHRENHEIT. 23
(E) A REST BREAK PROVIDED IN ACCORDANCE WITH THIS SECTION: 24
(1) SHALL BE COMPENSA TED AS WORKING TIME PAID AT THE 25
EMPLOYEE’S REGULAR RATE OF PA Y UNLESS THE BREAK C OINCIDES WITH AN 26
OTHERWISE UNPAID MEAL PERIOD; AND 27
(2) MAY BE PROVIDED CONC URRENTLY WITH ANY OT HER REST 28
BREAK REQUIRED UNDER ANY OTHER FEDERAL OR STATE LAW. 29
SECTION 2. AN D BE IT FURTHER ENACTED, That this Act shall take effect 30
October 1, 2026. 31