2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 3 - Collective Bargaining › Subtitle 1 - Definitions and General Provisions › Section 3-102 - Applicability

(a)    Except as provided in this title or as otherwise provided by law, this title applies to:
(1)    all employees of:
(i)    the principal departments within the Executive Branch of State government;
(ii)    the Maryland Insurance Administration;
(iii)    the State Department of Assessments and Taxation;
(iv)    the State Lottery and Gaming Control Agency;
(v)    the University System of Maryland, Morgan State University, St. Mary’s College of Maryland, and Baltimore City Community College;
(vi)    the Comptroller;
(vii)    the Maryland Transportation Authority who are not police officers;
(viii)    the State Retirement Agency;
(ix)    the State Department of Education;
(x)    the Maryland Environmental Service;
(xi)    the Maryland School for the Deaf; and
(xii)    the Office of the Public Defender;
(2)    firefighters for the Martin State Airport at the rank of captain or below who are employed by the Military Department; and
(3)    all full–time Maryland Transportation Authority police officers at the rank of first sergeant and below.
(b)    This title does not apply to:
(1)    employees of the Maryland Transit Administration, as that term is defined in § 7–601(a)(2) of the Transportation Article;
(2)    an employee who is elected to the position by popular vote;
(3)    an employee in a position by election or appointment that is provided for by the Maryland Constitution;
(4)    an employee who is:
(i)    a special appointment in the State Personnel Management System; or
(ii)    1.    directly appointed by the Governor by an appointment that is not provided for by the Maryland Constitution;
2.    appointed by or on the staff of the Governor or Lieutenant Governor; or
3.    assigned to the Government House or the Governor’s Office;
(5)    an employee assigned to the Board or with access to records of the Board;
(6)    an employee in:
(i)    the executive service of the State Personnel Management System; or
(ii)    a unit of the Executive Branch with an independent personnel system who is:
1.    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
2.    a deputy or assistant administrator of the unit or a comparable position;
(7)    (i)    a temporary or contractual employee in the State Personnel Management System; or
(ii)    a contractual, temporary, or emergency employee in a unit of the Executive Branch with an independent personnel system;
(8)    an employee who is entitled to participate in collective bargaining under another law;
(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;
(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;
(vi)    a contingent, contractual, or temporary employee whose position is funded through a research or service grant or contract, or through clinical revenues; or
(vii)    an employee whose regular place of employment is outside the State of Maryland;
(10)    an employee whose participation in a labor organization would be contrary to the State’s ethics laws;
(11)    any supervisory, managerial, or confidential employee of a unit of State government listed in subsection (a)(1)(i) through (iv) and (vi) through (xi) 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.