Higher Education Board Meeting Minutes

MINUTES OF BOARD MEETING
Board Meeting, May 23, 2002
9:00am – 12:05pm
839 Bestgate Road Suite 400
Annapolis , MD 21401

Chairman Raskin called the meeting to order at approximately 9:05am . The first order of business was to talk about the summer meetings scheduled thus far. The Board voted to keep the June meeting as scheduled, but to cancel the July meeting. The August meeting should proceed on schedule, time and location to be posted in a timely manner.
Chairman’s Report:
Points:
Welcomed all present to the new office.
asked about open house, Ms. Lell confirmed that date would be June 12, 2002 , from 3-5pm in conjunction with MHEC
lots of elections and certifications, we’ve been in operation for 9 months only, happy with where we are in the process.
begun our regulatory process, eager to put final touches on it
Salisbury cases outstanding, most to OAH, facts in dispute
Agenda for today looks fine
Regarding April minutes, Chairman Raskin made two editorial changes
Board member David Merkowitz moved that the minutes be approved, with the stipulation that non-substantive changes may still be made.Leo Gant seconded the motion, and the motion carried.
Executive Director’s Report:
Points:
Welcomed all to the new office.
Expressed appreciation of the Board for letting the staff and the office develop as needed.
Noted that various controversies are normal to the process.
Stated that the process has been fair and equitable thus far.
Gave notice to Board and all present that a petition had been filed for the Frostburg Exempt Unit, and was being followed by the usual intervening period, ending on June 3, 2002 .
Informed Board that the staff meeting with OAH had gone well and was generally informative and that our Board should appreciate the help that OAH can give.
Reminded everyone of the upcoming Open House with MHEC.
Budget Status:
Staff had not anticipated the OAH expenditure
new leadership in OAH, Thomas Dewberry as Chief ALJ
questions about our budget regarding OAH will be dealt with through the Governor’s Office.
The Unfair Labor Practice by AFSCME against College Park had been brought back from the table to be placed on the Board docket
Reminded the Chairman that there were elections that the Board neglected to formally certify.

At this time, Chairman Raskin called for the certification of the three remaining elections that the Board had failed to certify formally at the last meeting (St. Mary’s Sworn Police, College Park Sworn Police, UMES Exempt).

Mr. Gant moved that these elections be certified, and Ms. Schurman seconded the motion. The motion carried.
Miscellaneous other points
Chairman Raskin spoke about a general training session on Collective Bargaining issues, for universities and for unions. A July date was proposed, and staff will conduct an interest survey.
Proposed Regulations
At the April 25, 2002 , meeting, a series of new proposed regulations was read by title for the Board and the substantive regulations corresponding to those titles were discussed as follows, with a beginning explanation by either Karl Pence or Namsoo Dunbar , Assistant Attorney General and Board Counsel.

Petition to Amend Certification of Representative
After various comments and suggestions from Board members, Ms. Cooperman moved to send forth this provision, with amendments, to the AELR for the note and comment process. Ms. Schurman seconded the motion, and the motion carried.
Petition to Clarify and/or Contest Unit Designation
Mr. Pence proposed this item as a means of providing a substantive provision to the already existing basic definition of “unit clarification” that is found in the first part of the regulations. Board members made various edits and a final version was approved.
At this time, Ms. Cooperman moved to send forth this provision to the AELR for the note and comment process. Mr. Merkowitz seconded the motion, andthe motion carried.
Mr. Pence noted generally that any chapter numbers may be renumbered by AELR.
Withdrawal
After a discussion of substantive and editorial issues, the Board unanimously referred this proposal to the staff for further work.
De-Certification Petition
Mr. Pence stated that during the original notice and comment period, many parties had indicated the necessity of having a regulation of this nature.
After a discussion of substantive and editorial issues, the Board unanimously referred this proposal to staff for further work
Voluntary Impasse Proceedings & List of Neutrals
After a discussion of substantive and editorial issues, the Board unanimously referred this proposal to staff for further revision toward a more general statement about the Board’s desire to assist parties in voluntary resolution of disputes and controversies.
Negotiability Appeal Proceedings
After a discussion of substantive and editorial issues, the Board unanimously referred this proposal to staff for further revision toward a more general statement about the Board’s desire to assist parties in voluntary resolution of disputes and controversies.
Voluntary Settlements
After Board discussion and suggested editorial changes, Ms. Cooperman movedthat the proposal with amendments be forwarded for publication. Mr. Gant seconded the motion, and the motion carried.
Filing
After Board discussion and suggested editorial changes, Mr. Merkowitz moved that this section, with amendments, be sent to AELR. Mr. Gant seconded the motion, and the motion carried
Strict Neutrality, Rules of Access, etc.
Chairman Raskin stated that a subcommittee of up to two Board members would work on this to draft a provision. Chairman Raskin and Ms. Cooperman volunteered to help with this.
Public Comment
Kim Keller from AFSCME signed up to speak and expressed concern about the length of time it is taking to resolve cases.
In response to the time issue, the Board agreed, without objection, to propose a regulation requiring OAH to decide cases within 30 days of hearing them.
Adjournment and Executive Session
At 11:10a.m. , Chairman Raskin indicated that the Board would retire to Executive Session and would return only to adjourn the meeting, so all attendees were free to leave.
Executive Session ended at 12:05 , at which time the Chairman adjourned the meeting without objection.

Respectfully submitted,
Karl K. Pence
Executive Director