Bill
HB 37
Establishes a Maryland constitutional right for public employees to organize and bargain; strict scrutiny for limits could expand bargaining and costs if voters approve in 2026.
Status & Procedural Timeline
- Sponsor: Delegate Vogel. Prefiled Oct 1, 2024; introduced/read first time Jan 8, 2025. Assigned to the Appropriations Committee. Hearing scheduled Jan 28 (1:30 p.m.).
- This bill proposes a constitutional amendment that must be approved by voters. If passed by the General Assembly, it will be placed on the statewide ballot for the November 2026 general election.
Purpose and Intent
- To add a new provision to the Maryland Declaration of Rights establishing a constitutional, fundamental right for every person employed in the State to organize and bargain collectively over compensation, hours, and other terms and conditions of employment.
- To prohibit the State from directly or indirectly denying, burdening, or abridging that right except where the restriction is justified by a compelling State interest and is achieved by the least restrictive means (i.e., strict scrutiny standard).
Proposed Constitutional Text (summary)
- “Every person employed in the State has the fundamental right to organize and bargain collectively concerning compensation, hours, and other terms and conditions of employment. The State may not, directly or indirectly, deny, burden, or abridge the right unless justified by a compelling State interest achieved by the least restrictive means.”
Key Provisions and Legal Effect
- Establishes a state-constitutional protection for public employees’ right to organize and collectively bargain (stronger than ordinary statute because it would be part of the Constitution).
- Imposes a strict scrutiny standard on any State action that would limit that right: any restriction must serve a compelling State interest and be narrowly tailored (least restrictive means).
- If ratified by voters, the amendment could supersede or constrain existing statutory or administrative limits on collective bargaining for some public employees.
Who would be affected
- Public-sector employees: State and local government employees would be directly affected; employees currently excluded from statutory collective-bargaining schemes might gain new rights.
- State and local governments: as employers, they could face new obligations to negotiate and could incur costs from new bargaining units or negotiated agreements.
- Administrative entities (e.g., Public Employee Relations Board, human resources/labor relations offices): potentially increased workload for union certification elections, unfair labor practice cases, grievance processing, and labor-management negotiations.
- Private-sector impacts would be limited; the amendment addresses State action and public employment.
Fiscal and practical impacts
- Fiscal Note (Department of Legislative Services) — If approved by voters, State and local expenditures may increase, potentially significantly, as early as FY2027:
- Increased staffing needs in HR/labor relations and adjudicatory bodies to manage additional bargaining units and disputes.
- Potentially significant ongoing costs depending on wages, benefits, and other terms employers might negotiate.
- Revenues are not directly affected; small business impact is minimal.
- Overall fiscal effects are uncertain and depend on which excluded employee groups seek union representation and the outcomes of negotiations.
Other context
- Maryland currently has statutory collective-bargaining provisions that cover many State employees but exclude certain groups (e.g., legislative/judicial personnel, some executives, certain higher‑education employees, temporary employees). This amendment, if adopted, could alter that legal landscape by elevating the right to the constitutional level.
- Because this is a constitutional amendment, after the General Assembly’s proposal it requires voter approval at the statewide general election (November 2026).
Sources: bill text (proposed Article 49 addition), Department of Legislative Services fiscal note, legislative filing/committee schedule.
Compiled from official sources — confirm details with the bill’s official record.
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