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Proposed Amendments to Existing Regulations

The following regulations are eligible for final adoption at the SHELRB meeting on September 27, 2007.
Note: cross-outs are deletions; italics are additions
The following set of regulations was published in the Maryland Register, Volume 34/Issue 7, on March 30, 2007:
14.30.01 – Definitions

Authority: State Pensions Article, 
§§ 3-2A-05, 3-2A-06, and 3-2A-07, Annotated Code of Maryland

.01 Definitions

  1. (text unchanged)
  2. (1) – (3) (text unchanged) 

    (4) “Collective bargaining” means good faith negotiations defined in State Personnel and Pensions Article, §3-101(C), Annotated Code of Maryland, concerning: 

    1. Wages;
    2. Hours; and
    3. Other terms and conditions of employment.

    (4) “Collective bargaining” means 

    1. good faith negotiations by authorized representatives of employees and their employer with the intention of:
      1. reaching an agreement about wages, hours, and other terms and conditions of employment; and
      2. incorporating the terms of the agreement in a written memorandum of understanding or other written understanding; or 
    2. clarifying terms and conditions of employment; administration of terms and conditions of employment; or
    3. The voluntary adjustment of a dispute or disagreement between authorized representatives of employees and their employer that arises under a Memorandum of Understanding or other written understanding.

(5) – (10) (text unchanged)

(11) “Executive Director” means the individual appointed by the Board as Executive Director under State Personnel & Pensions Article § 3-2A-04, Annotated Code of Maryland 

(11) “Executive Director” means the individual jointly appointed by the State Higher Education Labor Relations Board and the State Labor Relations Board under State Personnel & Pensions Article §§ 3-204 & 3-2A-04, Annotated Code of Maryland

14.30.03 – Executive Director 

Authority: State Pensions Article, 
§§ 3-2A-05, 3-2A-06, and 3-2A-07, Annotated Code of Maryland

.03 Executive Director
 
  1. The Executive Director shall: 

    (1) Operate the office of the Board Operate the offices of the State Higher Education Labor Relations Board and the State Labor Relations Board; 

    (2) Keep the official records of the Boards; 

    (3) – (6) (Text unchanged) 

    (7) Perform other duties that the Board assigns. Perform other duties that either Board may assign.

14.30.05 – Elections 

Authority: State Pensions Article, 
§§ 3-2A-05, 3-2A-06, and 3-2A-07, Annotated Code of Maryland

 
.13 Certification of Election Results

  1. (text unchanged) 
  2. Objections. Within 8 10 days after the report of election results has been served, any party to the election proceeding may file with the Board objections to the election procedure or to any conduct which may have improperly affected the results of the election. The objecting party shall include a specific statement of the reasons for each objection and any supporting evidence. 
  3. Determinative Challenges. In any election where there are sufficient unresolved challenges to affect the election results, within 8 10 days after the report of election results has been served, the party or parties making the challenges shall file with the Board a statement of reasons for each challenge and any supporting evidence. 
  4. Certification of Representative. The Board shall certify the results of the election within 13 15 working days after the report of election results and within 5 days after the certification of election results has been served, the Board shall issue to the parties a certification of representative if: 

    (1) – (3) Text unchanged 

  5. – G. (text unchanged)
 
14.30.07 – Unfair Labor Practices 

Authority: State Pensions Article, 
§§ 3-2A-05, 3-2A-06, and 3-2A-07, Annotated Code of Maryland

 
.01 Unfair Labor Practices–Employer.
 
  1. The Except as provided in §B of this regulation, the following acts by an employer, or its agents or representatives, are unfair labor practices: 

    A. (1) – G. (7) (text unchanged) 

    H. Vacant 

    I. (8) – J. (9) (text unchanged) 

  2. Where statutory language addresses issues in this chapter, the statutory provisions shall take precedence over this chapter.
.02 Unfair Labor Practices–Employee.
 
  1. The Except as provided in §B of this regulation, the following acts by an employer, or its agents or representatives, are unfair labor practices: 

    A. (1) – G. (7) (text unchanged) 

  2. Where statutory language addresses issues in this chapter, the statutory provisions shall take precedence over this chapter.
.03 Permissible Labor Practices
 
  1. – B. (text unchanged)
  1. An employer to refuse to bargain over rights not subject to negotiation under the Collective Bargaining Law; or
  2. (text unchanged) 

    (1) – (3) (text unchanged) 

    (4) A misrepresentation of fact . ; or 

  3. An employee or group of employees to engage in concerted activities for purposes of other mutual aid or protection, in addition to collective bargaining.
.04 Relief from Unfair Labor Practices.
 
  1. – E. (text unchanged)
  1. (text unchanged) 

    (1) Consider properly filed petitions to determine if an unfair labor practice has been alleged and, if so, commence an investigation of the facts; and 

    (1) Consider properly filed petitions to determine if an unfair labor practice has been alleged and, if so, commence an investigation of the facts; 

    (2) Dismiss administratively the petition if the Executive Director: 

    1. Finds that the petition fails to state an actionable claim under the Maryland Collective Bargaining Law, State Personnel and Pensions Article, 

      Title 3, §§ 3-101 – 3-602, Annotated Code of Maryland, or regulations under this chapter, or 

    2. Determines that the Board holds no jurisdiction over the claims presented; and

    (3) Establish appropriate internal procedures, as considered necessary to further implement §§F(1) or (2) of this regulation.

14.30.09 – Collective Bargaining 

Authority: State Pensions Article, 
§§ 3-2A-05, 3-2A-06, and 3-2A-07, Annotated Code of Maryland

 
.01 Negotiations
 
  1. (1) – (5) (text unchanged) 

    (6) Meet at reasonable times and locations agreeable to all parties; and 

    (7) Negotiate a memorandum of understanding by collective bargaining in good faith as required by State Personnel and Pensions Article, § 3-501, Annotated Code of Maryland . ; and 

    (8) Negotiate a Memorandum of Understanding in closed sessions. 

  2. – D. (text unchanged)
14.30.10 Notice of Impasse Impasse Procedures 

Authority: State Pensions Article, 
§§ 3-2A-05, 3-2A-06, and 3-2A-07, Annotated Code of Maryland

 
.01 (Text unchanged)
 
.02 (Text unchanged)
 
.03 (Text unchanged)
 
.04 Negotiations deadline for upcoming fiscal year
 
  1. If parties do not conclude negotiations for the upcoming fiscal year before October 25, either party may request that a Fact Finder be employed to resolve the issues.
  2. The Fact Finder shall be employed no later than November 1.
  3. The Fact Finder shall be a neutral party appointed by alternate striking from a list by the parties provided:
    1. By the Federal Mediation and Conciliation Service; or
    2. Under the Labor Arbitration Rules of the American Arbitration Association.
  4. The Fact Finder: 
    1. May give notice and hold hearings in accordance with the Administrative Procedure Act;
    2. May administer oaths and take testimony and other evidence;
    3. May issue subpoenas; and
    4. Before November 20, shall make written recommendations regarding wages, hours, working conditions, and any other terms or conditions of employment that may be in dispute.
  5. The written recommendations of the fact finder shall be delivered to the Governor, the Exclusive Representative, the President of the Senate, and the Speaker of the House of Delegates by the Secretary on or before December 1.
14.30.11 Hearings 

Authority: State Pensions Article, 
§§ 3-2A-05, 3-2A-06, and 3-2A-07, Annotated Code of Maryland

 
.22 Transcripts, Costs
 
  1. (Text unchanged)
  2. Transcript. If a party requests a transcript of the hearing, the requesting party shall bear the cost of transcription and provide a copy to the Board.
  1. Transcript 
    1. Either party has the option of requesting a transcript at a hearing conducted by the Office of Administrative Hearings (OAH) or by the Board. If a party requests a transcript of the hearing, the requesting party shall bear the cost of transcription and provide a copy to the Board. 
    2. Parties may choose between using a recording from OAH or the Board to prepare a transcript, or using the services of a court reporter. If parties elect to use the services of a court reporter, the cost of same shall be split between the parties. If parties do not elect to use the services of court reporter, a recording shall be made by the Board or as per the rules of OAH.
    3. If neither party will be ordering a transcript of the proceeding, the parties shall communicate that fact to the Board 5 days prior to the hearing date.
    4. The Board shall order a transcript if neither party does so. Half the cost of the transcript shall be billed to the petitioner and half to the respondent.
    5. If the Board causes the proceedings to be transcribed, the reporter producing the transcript shall make copies available to the parties to the proceeding upon request and prompt payment of the appropriate fee. Requests for transcripts shall be made directly to the reporter or reporting agency.
    6. The Board’s copy of the transcript is available for inspection, but not copying, by the parties. Transcripts prepared at the directive of the Board or its Executive Director are the official transcripts of the Board proceeding.
  2. If the Board causes the proceedings to be transcribed, the reporter producing the transcript shall make copies available to the parties to the proceeding upon request and prompt tender of the appropriate fee. Requests for transcripts shall be made to the reporter. The Board’s copy of the transcript is available for inspection, but not copying, by the parties. Transcripts prepared at the directive of the Board or its Executive Director are the official transcripts of the Board proceeding.
The following set of regulations was published in the Maryland Register, Volume 34/Issue 15, on July 20, 2007:
 
14.30.02 General 

Authority: State Pensions Article, 
§§ 3-2A-05, – 3-2A-07, Annotated Code of Maryland

 
.02 Computation of Time Periods.
 
  1. Time periods in this subtitle refer to calendar days unless otherwise indicated.
  2. For purposes of service of any document filed before the Board, absent any evidence to the contrary, it is presumed that any document served by U.S. mail was received by the addressee 3 business days after the date the document was mailed. Thus, a 3-day period shall be added to any time period in which service was effected by mail.
  3. A time period is computed beginning with the day after the act or event which initiates the period and concludes with the last day of the period, excluding weekends and State holidays. A time period which would otherwise end on a weekend or State holiday instead ends on the following business day.
  4. Enlargement of Time Periods. The Board of the Executive Director may enlarge a time period not prescribed by statute: 
    1. Before the initial time period ends, without motion or notice, if good cause for the enlargement is shown; and
    2. After the initial time period ends, upon written motion filed with the Executive Director, if the failure to act was the result of excusable neglect or good cause.
14.30.05 Elections 

Authority: State Pensions Article, 
§§ 3-2A-05 – 3-2A-07, Annotated Code of Maryland

 
.09-1 Tally of Ballots.
 
  1. Ballots shall be counted at a place and time prescribed by the Board.
  2. Counting of ballots shall be done in the presence of: 
    1. The Executive Director of the Board, or the Executive Director’s designee;
    2. An additional Board staff observer;
    3. One observer from each party to the election; and
    4. One observer from the employer/institution.
14.30.07 Unfair Labor Practices 

Authority: State Pensions Article, 
§§ 3-2A-05 – 3-2A-07, Annotated Code of Maryland

 
.04 Relief from Unfair Labor Practices.
 
  1. .—D. (text unchanged)
  1. Response. Within 15 20 days of service of a petition or an amendment of a petition, a respondent shall file a written response to the petition or amendment, signed by the respondent or designated representative, and serve a copy on the petitioner. The response shall include any defenses to the alleged unfair labor practices.
  2. —L. (text unchanged)
14.30.11 Hearings 

Authority: State Pensions Article, 
§§ 3-2A-05 – 3-2A-07, Annotated Code of Maryland

 
.08 Representation.
 
  1. In contested case proceedings, a party with standing to file a complaint or petition may appear and be heard on the party’s own behalf, or by the party’s attorney (State Government Article, §10-206.1, Annotated Code of Maryland).
  2. Any attorney appearing before the Board shall be licensed to practice in the State of Maryland (Maryland Rule 16-812, MRCP 5.5).
  3. In the event that an out-of-State attorney wishes to represent a client before the Board, the attorney shall apply for admission pro hac vice, pursuant to Maryland Rule 14, and Business Occupations and Professions Article, §10-215, Annotated Code of Maryland.
 

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