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§ 16-301. Definitions.

§ 16-301. Definitions.

   (a) In general. -- In this subtitle the following words have the meanings indicated.

** REVISOR'S NOTE

 

   This subsection formerly was Art. 28, § 5-114.1(a)(1).

** REVISOR'S NOTE

 

   The only change is in style.

(b) Arbitration. -- "Arbitration" means a procedure by which the parties involved in a grievance submit their differences to an impartial third party for a final and binding decision.

** REVISOR'S NOTE

 

   This subsection formerly was Art. 28, § 5-114.1(a)(4).

** REVISOR'S NOTE

 

   The former reference to a grievance "dispute" is deleted as redundant in light of the use of the defined term "grievance".

** REVISOR'S NOTE

 

   The only other changes are in style.

** DEFINED TERM:

 

 

   "Grievance"                                                         § 16-301

**

(c) Bargaining unit. -- "Bargaining unit" means all employees except a confidential employee.

REVISOR'S NOTE

 

   This subsection formerly was Art. 28, § 5-114.1(a)(5).

REVISOR'S NOTE

 

   The former reference to employees "who are ranked as sergeant or below the rank of sergeant" is deleted as redundant in light of the use of the defined term "employee[s] ".

REVISOR'S NOTE

 

   The only other changes are in style.

DEFINED TERMS:

 

 

   "Confidential employee"                                             § 16-301

 

   DEFINED TERMS:

 

   "Employee"                                                          § 16-301

**

(d) Collective bargaining. -- "Collective bargaining" means the performance by the exclusive representative of the bargaining unit and the Commission of their mutual obligations to negotiate in good faith with respect to wages, hours, and other terms and conditions of employment.

REVISOR'S NOTE

 

   This subsection is new language derived without substantive change from former Art. 28, § 5-114.1(a)(6).

REVISOR'S NOTE

 

   The reference to the performance by the "exclusive representative of the bargaining unit" of certain obligations is substituted for the former reference to the performance by the "certified employee organization through its designated representative" of certain obligations for clarity.

"Bargaining unit"                                                      § 16-301

 

   "Commission"                                                        § 14-101

 

   "Exclusive representative"                                          § 16-301

**

(e) Collective bargaining agreement. -- "Collective bargaining agreement" means a written contract between the Commission and an employee organization implementing collective bargaining.

REVISOR'S NOTE

 

   This subsection formerly was Art. 28, § 5-114.1(a)(3).

REVISOR'S NOTE

 

   The phrase "implementing collective bargaining" is added for clarity.

REVISOR'S NOTE

 

   The only other changes are in style.

"Collective bargaining"                                                § 16-301

 

   "Commission"                                                        § 14-101

 

   "Employee organization"                                             § 16-301

**

(f) Confidential employee. -- "Confidential employee" means an employee who: **

   (1) acts in a confidential capacity and formulates and effectuates Commission policies that relate to collective bargaining with employees; or **

   (2) has access to confidential information not generally available to employees regarding the formulation and effectuation of Commission policies that relate to collective bargaining.

REVISOR'S NOTE

 

   This subsection is new language derived without substantive change from former Art. 28, § 5-114.1(a)(8).

"Collective bargaining"                                                § 16-301

 

   "Commission"                                                        § 14-101

 

   "Employee"                                                          § 16-301

**

(g) Employee. -- "Employee" means a police officer who is ranked as a sergeant or below employed by the Commission.

REVISOR'S NOTE

 

   This subsection is new language derived without substantive change from former Art. 28, § 5-114.1(a)(9).

DEFINED TERM:

 

 

   "Commission"                                                        § 14-101

**

(h) Employee organization. -- "Employee organization" means an organization that has as one of its primary purposes representing employees in collective bargaining.

REVISOR'S NOTE

 

   This subsection is new language derived without substantive change from former Art. 28, § 5-114.1(a)(10).

REVISOR'S NOTE

 

   The former reference to "law enforcement" employees is deleted as included in the definition of "employee".

DEFINED TERMS:

 

 

   "Collective bargaining"                                             § 16-301

 

   DEFINED TERMS:

 

   "Employee"                                                          § 16-301

**

(i) Exclusive representative. -- "Exclusive representative" means an employee organization that has been certified by the Labor Commissioner as representing the employees in the bargaining unit.

REVISOR'S NOTE

 

   This subsection formerly was Art. 28, § 5-114.1(a)(11).

REVISOR'S NOTE

 

   The only changes are in style.

"Bargaining unit agreement"                                            § 16-301

 

   "Employee"                                                          § 16-301

 

   "Employee organization"                                             § 16-301

 

   "Labor Commissioner"                                                § 16-301

**

(j) Grievance. -- "Grievance" means a dispute concerning the application or interpretation of the terms of a collective bargaining agreement or the regulations of the Commission that relate to terms and conditions of employment.

REVISOR'S NOTE

 

   This subsection formerly was Art. 28, § 5-114.1(a)(12).

REVISOR'S NOTE

 

   The reference to regulations "that relate to terms and conditions of employment" is added for clarity.

REVISOR'S NOTE

 

   As to the deletion of the former reference to "rules",

REVISOR'S NOTE

 

   The only other changes are in style.

"Collective bargaining agreement"                                      § 16-301

 

   "Commission"                                                        § 14-101

**

(k) Impasse. -- "Impasse" means failure of the Commission and an exclusive representative to enter into a collective bargaining agreement at least 30 days before the day on which the Commission's budget is due for submission to the Montgomery County Council and the Prince George's County Council.

REVISOR'S NOTE

 

   This subsection is new language derived without substantive change from former Art. 28, § 5-114.1(a)(13).

REVISOR'S NOTE

 

   The reference to "enter[ing] into a collective bargaining agreement" is substituted for the former reference to "achiev[ing] agreement" for clarity.

"Collective bargaining agreement"                                      § 16-301

 

   "Commission"                                                        § 14-101

 

   "Exclusive representative"                                          § 16-301

**

(l) Labor Commissioner. -- "Labor Commissioner" means the Commissioner of Labor and Industry or the Commissioner's designee.

REVISOR'S NOTE

 

   This subsection is new language derived without substantive change from former Art. 28, § 5-114.1(a)(7).

REVISOR'S NOTE

 

   The defined term "Labor Commissioner" is substituted for the former defined term "Commissioner" to avoid conflict with the term "commissioner" as defined for this division.

REVISOR'S NOTE

 

   The former reference to the "State" Commissioner of Labor and Industry is deleted to use the proper name of the position. **

(m) Mediation. -- "Mediation" means assistance by an impartial third party to reconcile a dispute arising out of collective bargaining through interpretation, suggestion, and advice.

REVISOR'S NOTE

 

   This subsection formerly was Art. 28, § 5-114.1(a)(15).

REVISOR'S NOTE

 

   The only change is in style.

DEFINED TERM:

 

 

   "Collective bargaining"                                             § 16-301

**

(n) Strike. -- "Strike" means the action: **

   (1) of an employee, in concert with others, to: **

      (i) refuse to report to work; **

      (ii) be willfully absent from the employee's position; **

      (iii) stop or slow down work; or **

      (iv) abstain wholly or partially from the proper performance of duties; and **

   (2) taken for the purpose of inducing, influencing, or coercing a change in wages, hours, or other terms and conditions of employment.

REVISOR'S NOTE

 

   This subsection is new language derived without substantive change from former Art. 28, § 5-114.1(a)(16).

REVISOR'S NOTE

 

   In paragraph (1)(iii) of this subsection, the reference to "slow[ing] down" work is added for clarity.

"Employee"                                                             § 16-301

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Local Government
Maryland
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Larry Hogan
Larry Hogan
January 21, 2015 -
Republican
1-410-974-3400
100 State Circle, Annapolis, MD, 21401

Keywords
bargaining
collective
employees
employee
relate
representative
terms
agreement
unit
organization