2023 Maryland Statutes › Education › Division III - Higher Education › Title 16 - Community Colleges › Subtitle 7 - Collective Bargaining › Section 16-701 - Definitions

** TAKES EFFECT SEPTEMBER 1, 2022 PER CHAPTERS 16 AND 27 OF THE 2021 SPECIAL SESSION **
(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 State Higher Education Labor Relations Board.
(e)    “Collective bargaining” has the meaning stated in § 3–101(c) 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” means a labor organization of public employees that has as one of its primary purposes representing those employees in collective bargaining.
(h)    “Exclusive representative” means an employee organization that has been certified by the Board as representing the employees of a bargaining unit.
(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.
(j)    (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.
(o)    (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.
(p)    (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.
(q)    (1)    “Showing of interest form” means a written statement from a public employee who wishes to be represented by a petitioning employee organization for the purpose of collective bargaining.
(2)    “Showing of interest form” includes:
(i)    A union authorization card; and
(ii)    A union membership card.
(r)    “Strike” means, in concerted action with others for the purpose of inducing, influencing, or coercing a change in the wages, hours, or other terms and conditions of employment, a public employee’s:
(1)    Refusal to report for duty;
(2)    Willful absence from the position;
(3)    Stoppage of work; or
(4)    Abstinence in whole or in part from the proper performance of the duties of employment.
(s)    “Supervisory employee” means a public employee who has full–time and exclusive authority to act on behalf of a public employer to:
(1)    Hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees; or
(2)    Adjust employee grievances.