reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.09 - Unfair Labor Practice Proceedings › Section 14.30.09.01 - Charge

Current through Register Vol. 51, No. 14, July 12, 2024
A. Party. A
				party alleging an unfair labor practice may request relief from the Board by
				filing a charge with the Executive Director.
B. Form. A charge shall be in writing and
				signed on a form provided by the Board according to this subtitle.
C. Timeliness. The charge shall be filed with
				the Board within 6 months from the later of the alleged violation or following
				the time that a reasonable person would, upon exercising due diligence, have
				discovered the occurrence of the alleged violation.
D. A charge shall:
(1) Accurately describe the issues;
(2) Provide a clear and concise statement of
				the facts constituting the alleged unfair labor practice, including the names
				of the individuals involved in the alleged act, the dates and places of the
				alleged occurrence, and the specific unfair labor practice under this
				chapter;
(3) Contain the name,
				mailing address, email address if any, and telephone number of the complainant,
				and the same information, if known, about any other party named, including the
				name and title of the complainant's representative, if any, and the
				representative of any other named party; and
(4) Include a declaration that the
				complainant swears and affirms, under the penalties of perjury and upon
				knowledge, information, and belief, that the allegations are true and
				correct.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.09 - Unfair Labor Practice Proceedings › Section 14.30.09.02 - Investigation

Current through Register Vol. 51, No. 14, July 12, 2024
A. After a
				charge is properly filed with the Board, the Executive Director shall, as soon
				as reasonably practicable, email or mail a copy of the charge to all parties
				along with a letter explaining the next steps of the process.
B. A Deputy Director shall commence
				investigation of a charge as soon as reasonably practicable after it is filed,
				and notify the Executive Director and the Board if the Deputy Director finds:
(1) The charge is untimely filed;
(2) The charge fails to state an actionable
				claim under State Government Article, Title 22, Annotated Code of Maryland;
				or
(3) The Board holds no
				jurisdiction over the claims presented in the charge.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.10 - Representation Elections › Section 14.30.10.01 - Filing a Petition

Current through Register Vol. 51, No. 14, July 12, 2024
A representation petition may be filed by:
A. An employee organization seeking
				certification as an exclusive representative; or
B. An employee, a group of employees, or an
				employee organization seeking a new election to determine an exclusive
				representative.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.10 - Representation Elections › Section 14.30.10.02 - When to File the Petition

Current through Register Vol. 51, No. 14, July 12, 2024
A petition may be filed at any time, provided that no
				  election may be held for a bargaining unit within 12 months following the final
				  date of a previous election conducted for that unit.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.10 - Representation Elections › Section 14.30.10.03 - How to File a Petition

Current through Register Vol. 51, No. 14, July 12, 2024
An original and any amended petition shall be filed with the
				  Executive Director. The petitioner shall make and maintain a copy of the
				  petition or amended petition.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.10 - Representation Elections › Section 14.30.10.04 - Eligible Voters

Current through Register Vol. 51, No. 14, July 12, 2024
Employees eligible to vote are those employees who:
A. Are employed on the date of the last
				payroll period before the petition for the election is filed; and
B. Are still employed at the end of the
				election period.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.10 - Representation Elections › Section 14.30.10.05 - Petition

Current through Register Vol. 51, No. 14, July 12, 2024
A. An initial
				petition for a representation election, and any other petitions for an employee
				organization to be included on the ballot in that election, shall meet the
				showing of interest requirements set forth in State Government Article,
				§§
									22-402 and
				22-405, Annotated
				Code of Maryland.
B. Every petition
				shall be in writing and shall contain:
(1) The
				name, address, telephone number, and email address of the petitioner's
				representative;
(2) The purpose for
				the petition;
(3) The bargaining
				unit involved in the petition;
(4)
				A copy of the most current or recent collective bargaining agreement, if
				any;
(5) A declaration by the
				petitioner or the petitioner's representative under the penalties of perjury
				that the contents of the petition are true and correct to the best of the
				declarant's information and belief; and
(6) Any other facts relevant to the
				petition.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.10 - Representation Elections › Section 14.30.10.06 - Showing of Interest Forms

Current through Register Vol. 51, No. 14, July 12, 2024
A. The employer
				shall provide to the Board and the petitioner within 2 days of the filing of a
				petition an alphabetical list of public employees in the bargaining unit
				requested by the petitioner with the information required by State Government
				Article, §
									22-402(f)(2),
				Annotated Code of Maryland.
B. The
				Executive Director shall determine the adequacy of the showing of interest
				based on the number of eligible employees in the proposed unit by comparing the
				showing of interest forms with the list provided by the employer.
C. Content of Form.
(1) Each showing of interest form shall be an
				original separate document for each eligible employee in the appropriate
				bargaining unit who supports representation by the petitioner
				organization.
(2) A signed union
				authorization card or union membership card including the name of the
				petitioner is a valid showing of interest form.
(3) Forms other than union authorization
				cards or union membership cards shall contain:
(a) A handwritten or electronic signature of
				the employee;
(b) The date the form
				was signed; and
(c) A statement
				that the employee who signed the form desires to be represented by the
				petitioner for the purposes of collective bargaining.
(4) All signatures used for the showing of
				interest, including those on authorization or membership cards, shall be
				collected no more than 18 months prior to the filing of the petition.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.10 - Representation Elections › Section 14.30.10.07 - Evaluation of Showing of Interest Forms

Current through Register Vol. 51, No. 14, July 12, 2024
A. Review by
				Executive Director.
(1) Each name on the
				showing of interest forms shall be compared with the names on the employer
				list.
(2) Each valid showing of
				interest form shall be marked in the upper right hand corner in a suitable
				fashion to show it has been accepted.
(3) Each invalid showing of interest form
				shall be marked as:
(a) "NOL" if the name is
				not on the employer list;
(b)
				"Excluded" or with an abbreviation thereof if named by the employer as an
				excluded employee; or
(c) "Invalid"
				or with an abbreviation thereof if determined invalid by the Executive
				Director.
(4) Forms
				marked "excluded" or with an abbreviation shall indicate the employer's stated
				reason for exclusion as follows:
(a)
				Managerial employee;
(b)
				Confidential employee;
(c) When
				excluded from the definition of public employee, a supervisory employee;
				or
(d) Other stated reason for
				exclusion.
(5) Forms
				marked "invalid" shall show the reason for invalidity as follows:
(a) Illegible;
(b) A duplicate showing of interest form for
				the same petitioner;
(c)
				Fraudulent; or
(d) Other stated
				reason for invalidity.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.10 - Representation Elections › Section 14.30.10.08 - Petitioned-for Bargaining Unit

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope of Board
				Authority over Bargaining Units.
(1) The Board
				or its delegee shall decide if the bargaining unit identified in the petition
				is appropriate.
(2) The Board may
				not modify any bargaining unit defined prior to June 30, 2023.
(3) The Board may not modify any bargaining
				unit covered by a collective bargaining agreement in effect on June 30,
				2023.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.10 - Representation Elections › Section 14.30.10.09 - Certification Without Election

Current through Register Vol. 51, No. 14, July 12, 2024
A. At the time of
				the showing of interest, the Board shall certify the employee organization as
				the exclusive representative without an election if:
(1) A petition for an exclusive
				representative has been filed for a bargaining unit;
(2) The Board finds that a majority of the
				employees in the bargaining unit have signed valid authorizations designating
				the employee organization as their exclusive representative; and
(3) No other employee organization is
				currently certified or recognized as the exclusive representative of the
				bargaining unit.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.10 - Representation Elections › Section 14.30.10.10 - Posting of Petitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. As soon as
				practicable, but not later than 5 business days after a determination that a
				lawful election shall be conducted, the Executive Director shall post a copy of
				the petition on the bulletin board outside the Board's office, and on the
				Board's website, showing the date of posting.
B. A posted election petition shall remain
				posted until the requested election is completed or until, for any reason, the
				petition is dismissed.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.10 - Representation Elections › Section 14.30.10.11 - Method of Voting

Current through Register Vol. 51, No. 14, July 12, 2024
A. The available
				methods of voting are in-person, by mail or by electronic means.
B. No matter which method is used, voting
				shall be by secret ballot.
C. The
				voting method preferred by the petitioner, if any, shall be used, unless
				another employee organization that will be on the ballot requests a different
				method.
D. If there is a dispute
				between two or more employee organizations on the voting method, the Board
				shall designate the method of voting.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.10 - Representation Elections › Section 14.30.10.12 - Time Period for Voting

Current through Register Vol. 51, No. 14, July 12, 2024
A. Eligible voters
				shall be given at least 10 days to vote with the final day for voting within 90
				days of the date the Board received the election petition.
B. For on-site voting, each of the 10 days
				for voting shall be a working day for employees.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.10 - Representation Elections › Section 14.30.10.13 - Preparation for Election

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Executive
				Director, or designee, shall consult with the public employer and the
				petitioners about the 10-day time period for election voting. The Executive
				Director or designee may require the parties to attend a preelection conference
				in person or virtually.
B. Whether
				by consultation or preelection conference, or both, the Executive Director or
				designee shall gather information on relevant election factors to determine
				the:
(1) Tentative dates of
				election;
(2) Times of election on
				each date;
(3) Place of
				election;
(4) Identity of eligible
				voters; and
(5) Method of
				voting.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.10 - Representation Elections › Section 14.30.10.14 - Notice of Election

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 30 days
				of the filing of a valid petition of election, the Executive Director shall
				send a notice of election indicating that a valid petition has been filed and
				that an election will be conducted to:
(1) The
				petitioner;
(2) All interested
				employee organizations that qualified for the ballot; and
(3) The employer.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.10 - Representation Elections › Section 14.30.10.15 - Withdrawal from Election

Current through Register Vol. 51, No. 14, July 12, 2024
A. Prior to Notice
				of Election: When a withdrawal request is received prior to the sending of the
				notice of election, the Board or its delegee shall grant the request without
				prejudice to the subsequent filing of a new petition by the
				petitioner.
B. After sending of the
				Notice of Election. When a withdrawal request is received after the notice of
				election was sent, the Board shall grant the request, but may bar that party
				from refiling a petition for a period of 6 months from the grant of
				withdrawal.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.10 - Representation Elections › Section 14.30.10.16 - Ballots

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Executive Director shall prepare and distribute official ballots.
B. Ballots shall contain the name of each
				candidate for representative along with a final choice of "no exclusive
				representative".
C. The order of
				candidates on the ballots shall be determined by drawing lots under the
				administration of the Executive Director.
D. Eligible candidates in a runoff election
				shall be listed as they appeared on the initial ballot.
E. The format of the ballot shall to the
				extent possible be the same for mail and electronic voting elections as for
				on-site elections.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.10 - Representation Elections › Section 14.30.10.17 - Voter List

Current through Register Vol. 51, No. 14, July 12, 2024
A. No later than 10
				days prior to the start of voting, the employer shall provide an up-to-date and
				accurate voter list to the Executive Director.
B. The voter list shall contain the following
				information for each employee in the unit eligible to vote:
(1) Full name;
(2) Job title;
(3) Worksite address; and
(4) Email address, if any.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.10 - Representation Elections › Section 14.30.10.18 - Conduct of Elections

Current through Register Vol. 51, No. 14, July 12, 2024
A. The anonymity of
				ballots shall be maintained to the greatest extent possible.
B. On-Site Elections.
(1) Voting shall be scheduled during workdays
				whenever possible and polling places and voting times shall permit reasonable
				access by voters. Public employers shall grant reasonable release time to
				employees so that the employees can vote during their workday or
				shift.
(2) The Executive Director
				shall oversee the election. At the discretion of the Executive Director, the
				election may be overseen by an election judge who shall be a board member or
				other designated individual who is selected based upon qualifications and
				integrity.
(3) The Executive
				Director or election judge shall be solely responsible for:
(a) The conduct of the election;
(b) The regulation of the polling site and
				immediate environs, including the designation of the boundaries of the polling
				areas;
(c) The maintenance of
				voting materials, including ballots;
(d) The counting of ballots and recording of
				the results; and
(e) The
				certification of the accuracy of the ballot count.
(4) There shall be no electioneering of any
				kind within the marked and designated polling areas. In addition, no voter
				shall be subjected to intimidation, duress, or coercion during an election. The
				Board may set aside an election outcome favorable to a party who substantially
				and
(5) If there is more than one
				polling place, the Executive Director or election judge shall sequester ballots
				from each location until counted. Sequestered ballots shall be sealed in an
				envelope or other appropriate container and delivered to the counting
				location.
(6) Election Observers.
				Each employee organization participating in an on-site election may be
				represented by one observer who has no supervisory power over employees who are
				voting per bargaining unit, at each polling place, to observe:
(a) The voting activities; and
(b) The counting of the ballots and the
				certification of the accuracy of the ballot count.
(7) The public employer may designate one
				observer who is not a supervisor of any of the employees who are eligible to
				vote in the election, per bargaining unit, at each polling place, to observe:
(a) The voting activities; and
(b) The counting of the ballots and the
				certification of the accuracy of the ballot count.
(8) The participating unions and the public
				employer shall provide the Executive Director, at least 3 days before the start
				of the election, with the names of their designated observers and no more than
				two alternate observers for each one, unless otherwise agreed to by the parties
				and the Executive Director, who may observe in place of, but not in addition
				to, a designated observer.
(9) The
				final certification of the accuracy of the ballot count shall be by the
				Executive Director.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.10 - Representation Elections › Section 14.30.10.19 - Challenged Ballots

Current through Register Vol. 51, No. 14, July 12, 2024
A. A voter may be
				challenged for cause by a designated observer described in Regulation .18 of
				this chapter.
B. If a voter is
				challenged for cause, the challenged voter may vote and shall then place the
				ballot in an envelope marked only "Secret Ballot".
C. The "Secret Ballot Envelope" shall next be
				sealed in a separate envelope marked "Challenged Ballot Envelope", which
				identifies on the outside:
(1) The identity of
				the challenged voter;
(2) The name
				of the person making the challenge; and
(3) The reason for the challenge.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.10 - Representation Elections › Section 14.30.10.20 - Void Ballots

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Executive
				Director or the election judge shall determine a ballot void if:
(1) The ballot does not reveal the intent of
				the voter due to:
(a) Mutilation;
(b) Soiling; or
(c) Any other reason;
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.10 - Representation Elections › Section 14.30.10.21 - Tally of Ballots

Current through Register Vol. 51, No. 14, July 12, 2024
A. Ballots shall be
				counted at a place and time prescribed by the Executive Director, or the
				Executive Director's designee, and shall be open to public viewing.
B. The Executive Director, or the Executive
				Director's designee, shall undertake the counting of the ballots. One observer
				from the public employer and one observer from each party to the election may
				observe this ballot counting. All observers shall observe the counting in the
				same way, either all in-person or all virtually.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.10 - Representation Elections › Section 14.30.10.22 - Election Result

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Executive
				Director shall, after the tally of ballots is completed, report to the parties
				within 5 days:
(1) The choice earning a
				majority of votes cast, if any choice on the ballot received such a majority;
				or
(2) If none of the choices on
				the ballot receive a majority of the valid votes cast in an election, that the
				Board will conduct a runoff election between the choices that received the two
				highest number of votes in the election.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.10 - Representation Elections › Section 14.30.10.23 - Post-Election Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Challenged
				Ballots. When there are sufficient unresolved challenges to affect the election
				results, within 10 days after the Executive Director sends the election result,
				the party or parties making the challenges shall file with the Board a
				statement of reasons for each challenge and any supporting evidence.
B. Objections. Any objection to the election
				shall:
(1) Be filed with the Board, and served
				on all other parties, within 10 days of the Executive Director sending the
				election result, even when challenged ballots are sufficient in number to
				determine the outcome of the election; and
(2) Include a specific statement of the
				reasons for each objection, including describing how the election outcome was
				allegedly prejudiced, and also provide any supporting evidence.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.10 - Representation Elections › Section 14.30.10.24 - Runoff Election

Current through Register Vol. 51, No. 14, July 12, 2024
A. If none of the
				choices on the ballot receive a majority of the valid votes cast in an
				election, the Executive Director shall conduct a runoff election between the
				two choices that received the two largest numbers of votes in the initial
				election.
B. A runoff election
				shall be held at least 10 days, and not later than 30 days, after the Board
				resolves all relevant and properly filed objections or challenges to
				ballots.
C. Only employees who were
				eligible to vote in the initial election and who remain in the bargaining unit
				on the dates of the runoff election are eligible to vote in the runoff
				election.
D. The order of
				appearance of the choices on a runoff ballot shall be the same as on the
				initial ballot.
E. The provisions
				of COMAR 14.30.10.18-.23 apply to the runoff election.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.11 - Decertification Elections › Section 14.30.11.01 - Filing Petitions

Current through Register Vol. 51, No. 14, July 12, 2024
A petition for an election to determine whether an exclusive
				  representative should no longer represent a unit, known as a "decertification
				  petition" and a "decertification election" may be filed only by an employee in
				  that unit who is currently so represented. An employer may not initiate or
				  assist an employee or group of employees in the filing of a decertification
				  petition.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.11 - Decertification Elections › Section 14.30.11.02 - When to File the Petition

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				decertification petition may not be filed for a bargaining unit within 2 years
				following the final date of a previous election conducted for that bargaining
				unit.
B. If an agreement between
				the public employer and incumbent employee organization is in effect, a valid
				decertification petition may be filed and an election held only if the petition
				is filed not more than 120 days nor less than 90 days prior to expiration of
				the agreement.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.11 - Decertification Elections › Section 14.30.11.03 - Showing of Interest

Current through Register Vol. 51, No. 14, July 12, 2024
For a decertification petition and election, a showing of
				  interest form is valid if the signatures were collected within the 9-month
				  period immediately preceding the date on which the petition for election is
				  filed.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.11 - Decertification Elections › Section 14.30.11.04 - Decertification Petition Proceeding - Participants

Current through Register Vol. 51, No. 14, July 12, 2024
A. If there is
				no intervening employee organization in a decertification petition proceeding,
				an election to decertify an incumbent certified employee organization may not
				be held if the incumbent provides the Board with a written disclaimer of any
				representation interest in the unit in response to the Notice of
				Election.
B. If there is an
				intervenor, an election shall be held if the intervening employee organization
				proffers a 30 percent showing of interest in a reasonable period of time prior
				to the date originally scheduled for the election.
C. If there is no intervening employee
				organization, an election will not be conducted if the petitioner provides the
				Board with a written request to withdraw the petition.
D. If there is an intervenor, an election
				will be conducted if the intervening employee organization proffers a 30
				percent showing of interest in a reasonable period of time prior to the date
				originally scheduled for the election.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.11 - Decertification Elections › Section 14.30.11.05 - Method of Voting; Certain Applicable Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall
				designate the method of voting based on the request of one or more employee
				organizations on the ballot.
B. If
				there is a dispute between two or more employee organizations on the ballot
				over the method of voting, the Board shall designate the method of
				voting.
C. Except for the
				provisions in this chapter, the Board shall abide, the Board shall abide by
				COMAR 14.30.10 in processing decertification petitions and elections.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.12 - Petitions for Unit Clarification › Section 14.30.12.01 - Petition

Current through Register Vol. 51, No. 14, July 12, 2024
A. A unit
				clarification petition alleges that an employee organization is currently
				recognized by the public employer as the representative of employees in the
				unit, but the petitioner seeks clarification of the placement of certain
				employees or job classifications in that unit.
B. A unit clarification petition may be filed
				by the public employer or recognized employee organization.
C. Content.
(1) A unit clarification petition seeks the
				Board to determine whether particular employees shall be included in or
				excluded from an existing unit.
(2)
				A unit clarification petition shall contain a description of the proposed
				clarification and a statement of the reasons.
(3) A certified employee organization shall
				also submit a copy of the certification for the unit if available.
(4) All parties shall submit copies of any
				presently existing or recently expired contracts covering any of the employees
				at issue.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.12 - Petitions for Unit Clarification › Section 14.30.12.02 - Board Actions Regarding Bargaining Units

Current through Register Vol. 51, No. 14, July 12, 2024
The Board may not clarify:
A. Any bargaining unit defined prior to June
				30, 2023; or
B. Any bargaining unit
				covered by a collective bargaining agreement in effect on June 30,
				2023.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.12 - Petitions for Unit Clarification › Section 14.30.12.03 - Investigation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Review of
				Petition.
(1) On receipt of the unit
				clarification petition, the Executive Director or designee shall advise the
				parties that the determination may be based on the investigation, without the
				need for a hearing.
(2) The
				Executive Director or designee shall review the petition and any supporting
				materials and related cases. The Executive Director or designee shall ensure
				that there are no fatal defects on the face of the petition and that the
				requested changes and the reasons are sufficiently
				described.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.12 - Petitions for Unit Clarification › Section 14.30.12.04 - Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. While
				investigating, the Executive Director or designee shall decide whether a
				hearing is necessary to decide issues presented by the unit clarification
				petition. The Executive Director or designee may make a determination based on
				the investigation, without a hearing. If a hearing is found necessary, the
				Executive Director or designee shall make a recommendation to the
				Board.
B. If the Board chooses a
				hearing for the unit clarification petition, the Board shall also assign a
				presiding officer for the hearing. The presiding officer and parties shall
				abide by the applicable hearing and post-hearing procedures set forth in this
				chapter for a unit clarification petition hearing.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.12 - Petitions for Unit Clarification › Section 14.30.12.05 - Determination

Current through Register Vol. 51, No. 14, July 12, 2024
A. If no
				hearing is conducted, the Executive Director or other designee shall prepare a
				written recommendation to the Board of the appropriate course of action to
				resolve the issues presented by the petition.
B. If a hearing is conducted, the presiding
				officer shall prepare a written recommendation to the Board of the appropriate
				course of action to resolve the issues presented by the petition.
C. Based on the recommendation the Board
				receives, the Board shall prepare a decision and order that clarifies the
				bargaining unit or dismisses the petition.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.13 - Collective Bargaining › Section 14.30.13.01 - Negotiations

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				designated representatives of the employer and of the exclusive representative
				shall:
(1) Establish ground rules for
				negotiations;
(2) Identify the
				participants for negotiations;
(3)
				Establish the amount of release time for negotiating;
(4) Set a tentative schedule and agenda for
				negotiations;
(5) Establish any
				other matter deemed pertinent and necessary before beginning any other
				negotiation activities;
(6) Meet at
				reasonable times and locations agreeable to all parties; and
(7) Negotiate a written agreement by
				collective bargaining in good faith in closed sessions.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.14 - Impasse Procedures for Collective Bargaining › Section 14.30.14.01 - State Government Employees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Offer of or
				Request for Mediation. The Board may, on its own initiative, offer mediation to
				the parties. Either party may also request that the Board appoint a mediator.
				Acceptance of an offer of mediation or agreement to participate in mediation is
				voluntary. If either party declines mediation after it has been requested by a
				party or offered by the Board, that party shall decline the mediation services
				in writing with a brief statement of the reason for declining to participate in
				mediation.
B. An original and one
				copy of the request for mediation shall be filed with the Board and served on
				the other party.
C. Mediation for
				State government employees is a consensual process by which the parties are
				assisted by a mediator in voluntarily arriving at an agreement and under which
				neither party is nor can be compelled to make a concession or enter into an
				agreement.
D. Appointment of
				Mediator. Upon receipt of a request for mediation, the Board may, with the
				consent of both parties and after consultation with the parties, appoint an
				impartial and disinterested individual as mediator, including a Member of the
				Board, or may request mediation by Federal Mediation and Conciliation
				Service.
E. Confidential Nature of
				Mediation.
(1) Any information, either written
				or oral, disclosed by the parties to the mediator in the performance of
				mediation duties may not be discussed by the mediator voluntarily or by
				compulsion unless approved by the parties involved.
(2) The mediator may not disclose any
				information with regard to any mediation conducted on behalf of any party to
				any cause pending in a proceeding before a court, Board, or investigatory body.
				The mediator shall respectfully decline, by reason of this regulation, to
				divulge any information disclosed by a party in the performance of the
				mediator's duties.
(3) The request
				for mediation and the parties' responses are confidential and may not be
				disclosed by any party.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.14 - Impasse Procedures for Collective Bargaining › Section 14.30.14.02 - Public School Certificated and Non-Certificated Employees: Impasses in Negotiations over Collective Bargaining Agreements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Requests for
				Determination that an Impasse in Negotiations Has Been Reached.
(1) A party requesting a determination that
				an impasse in negotiations has been reached may request relief from the Board
				by completing and filing the appropriate form.
(2) In response to a filing of the
				appropriate form, the Board shall, after internal deliberations and
				investigation, issue either:
(a) The notice of
				determination that an impasse in negotiations has been reached; or
(b) The notice of determination that an
				impasse in negotiations has not been reached.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.14 - Impasse Procedures for Collective Bargaining › Section 14.30.14.03 - Public School Certificated and Non-Certificated Employees: Impasses in Negotiations over New Employee Processing

Current through Register Vol. 51, No. 14, July 12, 2024
A. If any
				negotiations over new employee processing have not been resolved within 45 days
				after the first meeting of the public school employer and the exclusive
				representative on this matter, or within 60 days after an initial request to
				negotiate, whichever occurs first, either party may request that the Board
				declare an impasse.
B. The
				regulations governing impasses in negotiations over collective bargaining
				agreements shall also apply to impasses in negotiations over new employee
				processing.
C. In resolving
				impasses in negotiations over new employee processing, the mediator or Board
				shall consider the factors identified in Education Article, §
									6-405(a)(2)(iii),
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.14 - Impasse Procedures for Collective Bargaining › Section 14.30.14.04 - State Higher Education Employees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notice of
				Impasse-Contents. If it appears that an impasse has been reached during
				collective bargaining negotiations and the parties do not have a ground rule or
				other agreement providing for the resolution of the impasse, the Executive
				Director may be notified in writing by one or both of the parties. The notice
				of impasse shall include the following:
(1)
				The names of the chief negotiators for each party;
(2) The expiration date of the existing
				collective bargaining agreement, if any;
(3) A description of the unit affected by the
				impasse, including the approximate number of employees in the unit;
(4) The date when negotiations commenced and
				the date of the last meeting; and
(5) The matters at impasse and any other
				relevant facts, including a list of specific labor organization or employer
				demands or both, upon which impasse has been reached.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.14 - Impasse Procedures for Collective Bargaining › Section 14.30.14.05 - Community College Faculty: Impasses in Negotiations for Collective Bargaining Agreements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Mediation.
(1) If a party determines that an impasse
				exists, that party may request the assistance of the Board in mediation or
				engage another mediator mutually agreed to by the parties.
(2) If a party requests mediation assistance
				from the Board, an original and one copy of the request for mediation shall be
				filed with the Board and served on the other party.
(3) Mediation for community college faculty
				is a consensual process by which the parties are assisted by a mediator in
				voluntarily arriving at an agreement and under which neither party is nor can
				be compelled to make a concession or enter into an agreement.
(4) Appointment of Mediator. Upon receipt of
				a request for mediation, the Board may, with the consent of both parties and
				after consultation with the parties, appoint an impartial and disinterested
				individual as mediator, which may be a member of the board, or may request
				mediation by the Federal Mediation and Conciliation Service.
(5) Confidential Nature of Mediation.
(a) Any information, either written or oral,
				disclosed by the parties to the mediator in the performance of mediation duties
				may not be discussed by the mediator voluntarily or by compulsion unless
				approved by the parties involved.
(b) The mediator may not disclose any
				information with regard to any mediation conducted on behalf of any party to
				any cause pending in a proceeding before a court, Board, or investigatory body.
				The mediator shall respectfully decline, by reason of this regulation, to
				divulge any information disclosed by a party in the performance of the
				mediator's duties.
(c) The request
				for mediation and the parties' responses are confidential and may not be
				disclosed by any party.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.15 - Negotiability Disputes › Section 14.30.15.01 - Petition

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a
				negotiability dispute arises between the employer and the exclusive
				representative, either party may petition the Board for expedited resolution of
				the dispute.
B. The petition shall
				set forth the material facts of the dispute and the precise question of
				negotiability submitted for resolution and include certificate of service upon
				the other party.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.15 - Negotiability Disputes › Section 14.30.15.02 - Expedited Resolution

Current through Register Vol. 51, No. 14, July 12, 2024
A. The petition
				filed pursuant to Regulation .01 of this chapter shall be given priority by the
				Board.
B. As deemed appropriate by
				the Board, the petition may be set for informal resolution, hearing, or oral
				argument, or decided upon submission of briefs.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.01 - Local Care Teams and State Coordinating Council › Section 14.31.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to:
A. Define the roles and responsibilities of
				the State Coordinating Council and the local care teams in fostering the
				development of resources necessary to serve children with intensive needs in
				the State of Maryland;
B. Promote
				interagency coordination in the provision of such services; and
C. Ensure that State funds for the
				out-of-State placement of children with intensive needs are allocated in
				accordance with relevant State and federal laws.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.01 - Local Care Teams and State Coordinating Council › Section 14.31.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Appropriate service or placement" means
				a service, placement, or plan of care provided in accordance with the
				requirements of applicable federal and State laws, including:
(a)
											20 U.S.C. §
												1400 et seq.;
(b)
											42 U.S.C. §§
												620 and
				670 et seq.;
(c) The Child Abuse Prevention and Treatment
				Act, 42 U.S.C. §
												5102 et seq.;
(d) The Adoptions and Safe Families Act of
				1997 (P. L.
				105-89);
(e) Courts and Judicial Proceedings Article,
				§
											3-820,
				Annotated Code of Maryland;
(f)
				COMAR 13A.05.01 and 13A.05.02;
(g)
				Health-General Article, Title 15, Annotated Code of Maryland;
(h) Applicable regulations in COMAR 10.09;
				and
(i) The reauthorization of the
				Elementary and Secondary Schools Act of 2001,
				P.L.
				107-110(January 8, 2002).
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.01 - Local Care Teams and State Coordinating Council › Section 14.31.01.03 - Membership and Organization of the SCC and the LCT

Current through Register Vol. 51, No. 14, July 12, 2024
A. SCC Membership and Organization.
(1) The members of the SCC are the following
				State officials, or their designees:
(a) The
				Secretary of the Department of Health and Mental Hygiene;
(b) The Secretary of the Department of Human
				Resources;
(c) The Secretary of the
				Department of Juvenile Services;
(d) The Executive Director of the Governor's
				Office for Children; and
(e) The
				State Superintendent of Schools.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.01 - Local Care Teams and State Coordinating Council › Section 14.31.01.04 - Role and Responsibilities of the SCC

Current through Register Vol. 51, No. 14, July 12, 2024
A. General Responsibilities. The SCC shall
				encourage the implementation of the State's policies to:
(1) Promote the development of a continuum of
				quality educational, treatment, and residential services in Maryland which will
				enable children with intensive needs to be served in the least restrictive
				setting appropriate to their individual needs; and
(2) Identify any additional treatment,
				educational, and residential resources, opportunities, or supports which may
				provide children with appropriate services in the least restrictive
				environment.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.01 - Local Care Teams and State Coordinating Council › Section 14.31.01.05 - LCT Policies and Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each LCT shall develop policies and
				procedures to govern the:
(1) Conduct of
				regular meetings of the LCT; and
(2) Discussion of any requests for assistance
				by member agencies of individual children with intensive needs, including
				procedures for:
(a) Timely discussion of all
				requests for assistance;
(b)
				Expedited discussion of any request for assistance designated as an emergency
				matter by the referring agency; and
(c) Assurances of parental participation, or
				documentation of the LCT's diligent efforts to assure parental participation,
				in the discussion of a child's care.