In this title the following words have the meanings indicated. “Board” means the Public Employee Relations Board. “Chancellor” has the meaning stated in § 12–101 of the Education Article. “Collective bargaining” means: good faith negotiations by authorized representatives of employees and their employer with the intention of: reaching an agreement about wages, hours, and other terms and conditions of employment; and incorporating the terms of the agreement in a written memorandum of understanding or other written understanding; or clarifying terms and conditions of employment; administration of terms and conditions of employment; or 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. “Employee organization” has the meaning stated in § 22–101 of the State Government Article. “Exclusive representative” has the meaning stated in § 22–101 of the State Government Article. “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: after–school program counselors; American Sign Language specialists; athletic trainers; behavior specialists; clerical aides; dorm counselors; employment specialists; instructional technology resource specialists; librarians; literacy and reading specialists; occupational therapists; orientation and mobility specialists; physical therapists; school counselors; school IEP coordinators; school nurses; school social workers; speech–language pathologists; student support specialists; teachers; teacher aides; transition coordinators; and work–to–learn specialists. “Faculty at the Maryland School for the Deaf” does not include officers or supervisory employees at the Maryland School for the Deaf. “Fully online institution” means an institution that offers all academic and student services remotely. “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 instruction, including teachers, researchers, and department heads and those in comparable positions. “Nontenure track faculty” does not include: faculty employed at a fully online institution; or faculty whose positions are fully funded through a research or service grant or contract, or through clinical revenues. “President” means: with regard to a constituent institution, as defined in § 12–101 of the Education Article, the president of the constituent institution; 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; with regard to the University System of Maryland Office, the Chancellor of the University System of Maryland; and with regard to Morgan State University, St. Mary’s College of Maryland, and Baltimore City Community College, the president of the institution. “System institution” means: a constituent institution, as defined in § 12–101 of the Education Article; a center or institute, as those terms are defined in § 12–101 of the Education Article; and the University System of Maryland Office.

Except as provided in this title or as otherwise provided by law, this title applies to: all employees of: the principal departments within the Executive Branch of State government; the Maryland Insurance Administration; the State Department of Assessments and Taxation; the State Lottery and Gaming Control Agency; the University System of Maryland, Morgan State University, St. Mary’s College of Maryland, and Baltimore City Community College; the Comptroller; the Maryland Transportation Authority who are not police officers; the State Retirement Agency; the State Department of Education; the Maryland Environmental Service; the Maryland School for the Deaf; and the Office of the Public Defender; firefighters for the Martin State Airport at the rank of captain or below who are employed by the Military Department; all full–time Maryland Transportation Authority police officers at the rank of first sergeant and below; and police officers who in an official capacity are authorized to make arrests and are employees of the Alcohol, Tobacco, and Cannabis Commission. This title does not apply to: employees of the Maryland Transit Administration, as that term is defined in § 7–601(a)(2) of the Transportation Article; an employee who is elected to the position by popular vote; an employee in a position by election or appointment that is provided for by the Maryland Constitution; an employee who is: a special appointment in the State Personnel Management System; or directly appointed by the Governor by an appointment that is not provided for by the Maryland Constitution; appointed by or on the staff of the Governor or Lieutenant Governor; or assigned to the Government House or the Governor’s Office; an employee assigned to the Board or with access to records of the Board; an employee in: the executive service of the State Personnel Management System; or a unit of the Executive Branch with an independent personnel system who is: the chief administrator of the unit or a comparable position that is not excluded under item (3) of this subsection as a constitutional or elected office; or a deputy or assistant administrator of the unit or a comparable position; a temporary or contractual employee in the State Personnel Management System; or a contractual, temporary, or emergency employee in a unit of the Executive Branch with an independent personnel system; an employee who is entitled to participate in collective bargaining under another law; an employee of the University System of Maryland, Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College who is: a chief administrator or in a comparable position; a deputy, associate, or assistant administrator or in a comparable position; a member of the faculty, including a faculty librarian, except for nontenure track faculty; a student employee, including a teaching assistant or a comparable position, fellow, or post doctoral intern; a contingent, contractual, temporary, or emergency employee, except for nontenure track faculty; 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 an employee whose regular place of employment is outside the State of Maryland; an employee whose participation in a labor organization would be contrary to the State’s ethics laws; 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; any supervisory, managerial, or confidential employee of a State institution of higher education listed in subsection (a)(1)(v) of this section; or any employee described in subsection (a)(2) or (4) of this section who is a supervisory, managerial, or confidential employee, as defined in regulations adopted by the Secretary. Employees, employers, and exclusive representatives subject to this title are subject to the provisions of Title 22 of the State Government Article. Subject to Title 22, Subtitle 4 of the State Government Article, a bargaining unit shall consist only of employees defined in regulations adopted by the Secretary and not specifically excluded by subsection (b) of this section. Each system institution, Morgan State University, St. Mary’s College of Maryland, and Baltimore City Community College shall have separate bargaining units. Appropriate bargaining units shall consist of: all eligible nonexempt employees, as described in the federal Fair Labor Standards Act, except eligible sworn police officers; all eligible exempt employees, as described in the federal Fair Labor Standards Act; all eligible sworn police officers; and nontenure track faculty. Except as provided in subparagraph (ii) of this paragraph, the Secretary or the Secretary’s designee shall have the authority to assign classification titles and positions to bargaining units as appropriate. The following individuals and entities shall assign classification titles and positions to bargaining units at the following institutions: at a system institution, the President of the system institution; and at Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College, the governing board of the institution. Notwithstanding any other provision of law: Maryland Transportation Authority police officers at the rank of first sergeant and below shall have a separate bargaining unit; faculty at the Maryland School for the Deaf shall have a separate bargaining unit; and supervisory employees of units of State government listed in subsection (a)(1)(i) through (iv) and (vi) through (xii) of this section who are not confidential employees shall have a separate bargaining unit.

This title and any agreement under this title do not limit or otherwise interfere with the powers of the Governor or the Maryland General Assembly under Article III, § 52 of the Maryland Constitution.