reglab/housing_qa huggingface dataset:
MD. State Personnel and Pensions Code Ann. §  3-307 (2021)
2021 Maryland Statutes|State Personnel and Pensions|Division I - State Personnel|Title 3 - Collective Bargaining|Subtitle 3 - Rights of Employees and Employers; Strikes, Lockouts, and Unfair Labor Practices Prohibited|Section 3-307 - Exclusive Representative Access to New Employee Program

    (a)    Each exclusive representative has the right to communicate with the employees that it represents.    (b)    (1)    The State, a system institution, Morgan State University, St. Mary’s College of Maryland, and Baltimore City Community College shall permit an exclusive representative to attend and participate in a new employee program that includes one or more employees who are in a bargaining unit represented by the exclusive representative.        (2)    The new employee program in paragraph (1) of this subsection may be a new employee orientation, training, or other program that the State, a system institution, Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College and an exclusive representative negotiate in accordance with § 3–501 of this title.        (3)    Except as provided in paragraph (4) of this subsection, the exclusive representative shall be permitted 20 minutes to collectively address all new employees in attendance during a new employee program.        (4)    The State, a system institution, Morgan State University, St. Mary’s College of Maryland, and Baltimore City Community College and an exclusive representative may negotiate a period of time that is more than 20 minutes in accordance with § 3–501 of this title.        (5)    The State, a system institution, Morgan State University, St. Mary’s College of Maryland, and Baltimore City Community College:            (i)    shall encourage an employee to attend the portion of a new employee program designated for an exclusive representative to address new employees; and            (ii)    may not require an employee to attend the portion of a new employee program designated for an exclusive representative to address new employees if the employee objects to attending.    (c)    (1)    Except as provided in paragraph (2) of this subsection, the State, a system institution, Morgan State University, St. Mary’s College of Maryland, and Baltimore City Community College shall provide the exclusive representative at least 10 days’ notice in advance of a new employee program.        (2)    The State, a system institution, Morgan State University, St. Mary’s College of Maryland, and Baltimore City Community College may provide the exclusive representative with less than 10 days’ notice if there is an urgent need critical to the employer’s new employee program that was not reasonably foreseeable.
MD. State Personnel and Pensions Code Ann. §  3-401 (2021)
2021 Maryland Statutes|State Personnel and Pensions|Division I - State Personnel|Title 3 - Collective Bargaining|Subtitle 4 - Election and Certification of Exclusive Representative|Section 3-401 - Election of Exclusive Representative of Bargaining Unit

    (a)    Except as otherwise provided in this subtitle, the Board shall conduct an election for an exclusive representative of a bargaining unit if:        (1)    a valid petition is filed in accordance with § 3-402 of this subtitle; and        (2)    the bargaining unit involved in the petition is determined to be an appropriate bargaining unit under § 3-403 of this subtitle.    (b)    The Board may not conduct an election for an exclusive representative of a bargaining unit if the Board has conducted an election or certified an exclusive representative for that bargaining unit within the preceding 2 years.
MD. State Personnel and Pensions Code Ann. §  3-402 (2021)
2021 Maryland Statutes|State Personnel and Pensions|Division I - State Personnel|Title 3 - Collective Bargaining|Subtitle 4 - Election and Certification of Exclusive Representative|Section 3-402 - Petitions for Election of Exclusive Representative

    (a)    A petition for the election of an exclusive representative of a bargaining unit may be filed with the Board by:        (1)    an employee organization seeking certification as an exclusive representative; or        (2)    an employee, a group of employees, or an employee organization seeking a new election to determine an exclusive representative.    (b)    A petition shall:        (1)    contain the information the Board requires; and        (2)    be accompanied by a showing of interest supported by 30% of the employees in the appropriate unit indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining.
MD. State Personnel and Pensions Code Ann. §  3-403 (2021)
2021 Maryland Statutes|State Personnel and Pensions|Division I - State Personnel|Title 3 - Collective Bargaining|Subtitle 4 - Election and Certification of Exclusive Representative|Section 3-403 - Determination of Appropriateness of Bargaining Units

    (a)    (1)    Except as otherwise provided in this title, the Board shall determine the appropriateness of each bargaining unit.        (2)    If there is no dispute about the appropriateness of the establishment of the bargaining unit, the Board shall issue an order defining an appropriate bargaining unit.        (3)    If there is a dispute about the appropriateness of the establishment of the bargaining unit, the Board shall:            (i)    conduct a hearing; and            (ii)    issue an order defining an appropriate bargaining unit.    (b)    If the appropriate bargaining unit as determined by the Board differs from the bargaining unit described in the petition, the Board may:        (1)    dismiss the petition; or        (2)    direct an election in the appropriate bargaining unit if the signatures included in the petition include those of at least 30% of the employees in the appropriate bargaining unit.    (c)    A bargaining unit shall consist only of employees defined in regulations adopted by the Secretary and not specifically excluded by § 3-102(b) of this title.    (d)    (1)    Each system institution, Morgan State University, St. Mary’s College of Maryland, and Baltimore City Community College shall have separate bargaining units.        (2)    The presidents of the system institutions may agree to cooperate for the purpose of collective bargaining:            (i)    before the election of exclusive representatives; or            (ii)    after the certification of exclusive representatives under § 3-406(a) of this subtitle.        (3)    Appropriate bargaining units shall consist of:            (i)    all eligible nonexempt employees, as described in the federal Fair Labor Standards Act, except eligible sworn police officers;            (ii)    all eligible exempt employees, as described in the federal Fair Labor Standards Act; and            (iii)    all eligible sworn police officers.    (e)    (1)    Except as provided in paragraph (2) of this subsection, the Secretary or the Secretary’s designee shall have the authority to assign classification titles and positions to bargaining units as appropriate.        (2)    The following individuals and entities shall assign classification titles and positions to bargaining units at the following institutions:            (i)    at a system institution, the President of the system institution; and            (ii)    at Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College, the governing board of the institution.    (f)    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.
MD. State Personnel and Pensions Code Ann. §  3-404 (2021)
2021 Maryland Statutes|State Personnel and Pensions|Division I - State Personnel|Title 3 - Collective Bargaining|Subtitle 4 - Election and Certification of Exclusive Representative|Section 3-404 - Certification Filing Requirements

    Each employee organization that seeks certification as an exclusive representative shall file with the Board:         (1)    a copy of the employee organization’s governing documents, which:            (i)    give individual members the right to participate in activities of the organization;            (ii)    require periodic elections by secret ballot that are conducted with recognized safeguards to ensure the equal rights of all members to nominate, seek office, and vote in the elections;            (iii)    direct full and accurate accounting of all income and expenses using standard accounting methods; and            (iv)    require an annual report that is made available to all members of the appropriate bargaining unit; and        (2)    a certification that the organization:            (i)    accepts members without regard to any factor in § 2-302(b) of this article; and            (ii)    will deny membership only to an employee for a reason that is acceptable to the Board.
MD. State Personnel and Pensions Code Ann. §  3-405 (2021)
2021 Maryland Statutes|State Personnel and Pensions|Division I - State Personnel|Title 3 - Collective Bargaining|Subtitle 4 - Election and Certification of Exclusive Representative|Section 3-405 - Elections

    (a)    (1)    Within 5 days of determination that a valid petition has been submitted, the Board shall notify interested employee organizations of the pending election petition.        (2)    Within 10 days of determination that a valid petition has been submitted under § 3-402 of this subtitle or subsection (c)(2)(iii) of this section, the Department shall make available to all interested employee organizations reasonable and equivalent means to communicate by mail and in person with each employee in the appropriate bargaining unit for the purpose of soliciting the employee’s vote in an election held under this section.    (b)    An election shall be held in any unit within 90 days after the filing of a valid petition for election in such unit in accordance with guidelines established by the Board.    (c)    (1)    All elections shall be conducted by secret ballot.        (2)    The Board shall place the following choices on the ballot:            (i)    the name of the exclusive representative, if any;            (ii)    the name of the employee organization designated in the petition filed under § 3-402 of this subtitle with respect to an appropriate bargaining unit;            (iii)    the name of each employee organization designated in a petition filed with the Board, within 15 days of notice of the pending election petition, that includes the signatures of at least 10% of the employees in the appropriate bargaining unit; and            (iv)    a provision for “no exclusive representative”.    (d)    If none of the choices on a ballot receives a majority of the votes cast in an election, the Board shall conduct a runoff election between the choices that received the two highest number of votes in the election.
MD. State Personnel and Pensions Code Ann. §  3-406 (2021)
2021 Maryland Statutes|State Personnel and Pensions|Division I - State Personnel|Title 3 - Collective Bargaining|Subtitle 4 - Election and Certification of Exclusive Representative|Section 3-406 - Certification

    (a)    The Board shall certify as exclusive representative the employee organization receiving the votes in an election from a majority of the employees voting in the election.    (b)    After notice and an opportunity for a hearing, the Board may deny or revoke certification as exclusive representative of an employee organization for willful failure to comply with:        (1)    this title; or        (2)    the governing documents of the organization.
MD. State Personnel and Pensions Code Ann. §  3-407 (2021)
2021 Maryland Statutes|State Personnel and Pensions|Division I - State Personnel|Title 3 - Collective Bargaining|Subtitle 4 - Election and Certification of Exclusive Representative|Section 3-407 - Responsibilities of Certified Exclusive Employee Representative

    An employee organization certified as the exclusive representative shall:         (1)    serve as the sole and exclusive bargaining agent for all employees in the bargaining unit;        (2)    represent fairly and without discrimination all employees in the bargaining unit, whether or not the employees are members of the employee organization or are paying dues or other contributions to it or participating in its affairs; and        (3)    promptly file with the Board all changes and amendments to the organization’s governing documents.
MD. State Personnel and Pensions Code Ann. §  3-502 (2021)
2021 Maryland Statutes|State Personnel and Pensions|Division I - State Personnel|Title 3 - Collective Bargaining|Subtitle 5 - Collective Bargaining Process|Section 3-502 - Matters to Be Negotiated

    (a)    Collective bargaining shall include all matters relating to:        (1)    wages, hours, and other terms and conditions of employment; and        (2)    the time and manner of access to a new employee program as required under § 3–307 of this title.    (b)    (1)    Collective bargaining may include negotiations relating to the right of an employee organization to receive service fees from nonmembers.        (2)    An employee whose religious beliefs are opposed to joining or financially supporting any collective bargaining organization is:            (i)    not required to pay a service fee; and            (ii)    required to pay an amount of money as determined in collective bargaining negotiations, not to exceed any service fee negotiated under paragraph (1) of this subsection, to any charitable organization exempt from taxation under § 501(c)(3) of the Internal Revenue Code and to furnish written proof of the payment to:                1.    A.    the Department; or                B.    in the case of an employee of an institution of higher education specified in § 3–102(a)(1)(v) of this title, the President of the institution or the President’s designee; and                2.    the exclusive representative.    (c)    Notwithstanding subsection (a) of this section, the representatives of the State, a system institution, Morgan State University, St. Mary’s College of Maryland, and Baltimore City Community College:        (1)    shall not be required to negotiate over any matter that is inconsistent with applicable law; and        (2)    may negotiate and reach agreement with regard to any such matter only if it is understood that the agreement with respect to such matter cannot become effective unless the applicable law is amended by the General Assembly.
MD. State Personnel and Pensions Code Ann. §  3-601 (2021)
2021 Maryland Statutes|State Personnel and Pensions|Division I - State Personnel|Title 3 - Collective Bargaining|Subtitle 6 - Memorandum of Understanding|Section 3-601 - Contents; Signatures; Length; Ratification

    (a)    (1)    A memorandum of understanding shall contain all matters of agreement reached in the collective bargaining process.        (2)    The memorandum shall be in writing and signed by the exclusive representative involved in the collective bargaining negotiations and:            (i)    for a memorandum of understanding relating to the State, the Governor or the Governor’s designee;            (ii)    for a memorandum of understanding relating to a system institution, the president of the system institution or the president’s designee; and            (iii)    for a memorandum of understanding relating to Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College, the governing board of the institution or the governing board’s designee.    (b)    No memorandum of understanding is valid if it extends for less than 1 year or for more than 3 years.    (c)    (1)    Except as provided in paragraph (2) of this subsection, a memorandum of understanding is not effective until it is ratified by the Governor and a majority of the votes cast by the employees in the bargaining unit.        (2)    In the case of a State institution of higher education, a memorandum of understanding is not effective until it is ratified by the institution’s governing board and a majority of the votes cast by the employees in the bargaining unit.
MD. State Personnel and Pensions Code Ann. §  3-602 (2021)
2021 Maryland Statutes|State Personnel and Pensions|Division I - State Personnel|Title 3 - Collective Bargaining|Subtitle 6 - Memorandum of Understanding|Section 3-602 - Termination of Collective Bargaining Agreement

    The president of a system institution may elect to terminate a cooperation agreement with another system institution, entered into for the purpose of collective bargaining with exclusive representatives, effective on the termination date of the memorandum of understanding between the exclusive representatives and the system institutions that are parties to the cooperation agreement.
MD. State Personnel and Pensions Code Ann. §  3-603 (2021)
2021 Maryland Statutes|State Personnel and Pensions|Division I - State Personnel|Title 3 - Collective Bargaining|Subtitle 6 - Memorandum of Understanding|Section 3-603 - Continuation

    (a)    A memorandum of understanding agreed to and ratified under § 3–601 of this subtitle may not expire until it is succeeded by a memorandum of understanding that is agreed to and ratified under this title.    (b)    Notwithstanding § 3–601(b) of this subtitle, all terms of a memorandum of understanding shall continue in force and effect without change until a successor memorandum of understanding is agreed to and ratified.    (c)    (1)    Based on a verified complaint by an exclusive representative, the exclusive representative may file an action in a circuit court against the State, a system institution, Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College to enforce the terms of this section.        (2)    On receipt of an action submitted by the exclusive representative, the court shall issue a status quo order without a finding of irreparable harm to maintain a memorandum of understanding and the terms in effect pending a final order in the action.
MD. State Personnel and Pensions Code Ann. §  4-103 (2021)
2021 Maryland Statutes|State Personnel and Pensions|Division I - State Personnel|Title 4 - Personnel Management|Subtitle 1 - General Provisions|Section 4-103 - Administration

    (a)    The Secretary shall carry out those provisions of this Division I that are subject to the authority of the Secretary.    (b)    The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department. The Secretary may establish, reorganize, or abolish areas of responsibility in the Department as necessary to fulfill effectively the duties assigned to the Secretary.    (c)    The Secretary is responsible for establishing policy to be followed by the units in the Department.
MD. State Personnel and Pensions Code Ann. §  4-106 (2021)
2021 Maryland Statutes|State Personnel and Pensions|Division I - State Personnel|Title 4 - Personnel Management|Subtitle 1 - General Provisions|Section 4-106 - Regulations

    (a)    To carry out those provisions of this Division I that are subject to the authority of the Secretary, the Secretary may adopt regulations, guidelines, or policies.    (b)    After consultation with the Office of Administrative Hearings, the Secretary shall adopt regulations governing peer review panels, that include procedures for a principal unit to establish peer review panels as an alternative mechanism for dispute resolution under Titles 11 and 12 of this article.
MD. State Personnel and Pensions Code Ann. §  4-107 (2021)
2021 Maryland Statutes|State Personnel and Pensions|Division I - State Personnel|Title 4 - Personnel Management|Subtitle 1 - General Provisions|Section 4-107 - Reviews and Recommendations

    For efficiency and economy in State government, the Secretary shall:         (1)    conduct reviews of positions in the State Personnel Management System; and        (2)    recommend to the appointing authority a plan of reorganization, reassignment, or elimination of the positions reviewed.
MD. State Personnel and Pensions Code Ann. §  4-108 (2021)
2021 Maryland Statutes|State Personnel and Pensions|Division I - State Personnel|Title 4 - Personnel Management|Subtitle 1 - General Provisions|Section 4-108 - Investigations

    (a)    As to matters subject to the authority of the Secretary, the Secretary periodically shall conduct investigations and, as necessary, visits to various units to determine:        (1)    the enforcement and effect of this Division I and the regulations adopted under it;        (2)    the conduct of employees in the State Personnel Management System;        (3)    the nature, tenure, and compensation of all positions in the State Personnel Management System;        (4)    the appropriateness of position classifications by appointing authorities;        (5)    whether the duties performed by an employee conform to the duties listed for that employee's class;        (6)    the methods of administration of the State Personnel Management System; and        (7)    any other information that might help the Secretary to administer this Division I.    (b)    In conducting an investigation under this section, the Secretary may require any employee in the State Personnel Management System to appear before the Secretary or the Secretary's designee and give evidence.
MD. State Personnel and Pensions Code Ann. §  4-109 (2021)
2021 Maryland Statutes|State Personnel and Pensions|Division I - State Personnel|Title 4 - Personnel Management|Subtitle 1 - General Provisions|Section 4-109 - Oaths and Subpoenas

    (a)    As part of any investigation or hearing under this Division I, the Secretary or the person that the Secretary designates to conduct the investigation or hearing may administer oaths, take testimony and other evidence, and subpoena any person or any relevant document.    (b)    If a person fails to comply with a subpoena or refuses to be sworn or to testify, then, on complaint of the Secretary, a circuit court may order the person to comply with the subpoena, to be sworn, or to testify.
MD. State Personnel and Pensions Code Ann. §  4-201 (2021)
2021 Maryland Statutes|State Personnel and Pensions|Division I - State Personnel|Title 4 - Personnel Management|Subtitle 2 - Classes and Position Classifications|Section 4-201 - Powers of Secretary Generally

    (a)    This section does not apply to those units of State government with an independent personnel system.    (b)    In the State Personnel Management System the Secretary shall:        (1)    establish classes;        (2)    assign a rate of pay to each class;        (3)    ensure that each class comprises one or more positions:            (i)    that are similar in their duties and responsibilities;            (ii)    that are similar in the general qualifications required to perform those duties and responsibilities;            (iii)    to which the same standards and, if required, tests of fitness can be applied; and            (iv)    to which the same rates of pay can be applied;        (4)    give each class a descriptive classification title;        (5)    prepare a description of each class; and        (6)    (i)    create additional classes; and            (ii)    abolish, combine, or modify existing classes.    (c)    The Secretary shall:        (1)    assign a class to the skilled service, professional service, management service, or executive service, as appropriate; and        (2)    designate special appointment positions in the State Personnel Management System that:            (i)    must be filled without regard to political affiliation, belief, or opinion; or            (ii)    in accordance with § 6–405(b) of this article, may be filled with regard to political affiliation, belief, or opinion.