§ 16-701

422 words·~2 min read·/md/education/16-701

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§16–701.

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

(b)“Agreement” means a written contract between a public employer and an employee organization.

(c)“Arbitration” means a procedure by which parties involved in a grievance submit their differences to an impartial third party for a final and binding decision.

(d)“Board” means the Public Employee Relations Board.

(e)“Collective bargaining” has the meaning stated in § 3–101(d) of the State Personnel and Pensions Article.

(f)“Confidential employee” means a public employee whose unrestricted access to personnel, budgetary, or fiscal data subject to use by the public employer in collective bargaining, or whose close, continuing working relationship with those responsible for negotiating on behalf of the public employer, would make the employee’s membership in an employee organization as a rank and file employee incompatible with the employee’s duties.

(g)“Employee organization” has the meaning stated in § 22–101 of the State Government Article.

(h)“Exclusive representative” has the meaning stated in § 22–101 of the State Government Article.

(i)“Fact–finding” means a process conducted by the Board that includes:

(1)The identification of the major issues in an impasse;

(2)The review of the positions of the parties; and

(3)A resolution of factual differences by an impartial individual or panel.

(1)“Faculty” means employees whose assignments involve academic responsibilities, including teachers and department heads.

(2)“Faculty” does not include officers, supervisory employees, confidential employees, part–time faculty, or student assistants.

(k)“Grievance” means a dispute concerning the application or interpretation of the terms of a collective bargaining agreement.

(l)“Impasse” means a failure by a public employer and an exclusive representative to achieve agreement in the course of negotiations.

(m)“Officer” means the president, a vice president, a dean, or any other similar official of the community college as appointed by the board of community college trustees.

(n)“Part–time faculty” means employees whose assignments involve academic responsibilities, including teachers, counselors, and department heads, who are designated with part–time faculty status by the president of the community college.

(1)“Public employee” means an employee employed by a public employer.

(2)“Public employee” includes faculty and part–time faculty at the Baltimore City Community College.

(3)“Public employee” does not include:

(i)Officers;

(ii)Supervisory or confidential employees; or

(iii)Student assistants.

(1)“Public employer” means the board of community college trustees for a community college.

(2)“Public employer” includes the Board of Trustees of Baltimore City Community College for the purposes of collective bargaining with faculty and part–time faculty.