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Proposed Amendments to Existing Regulations

The following regulations are to be proposed at the SHELRB meeting on December 7, 2006.
14.30.01 – Definitions

  1. (text unchanged)
  2. (1) – (3) (text unchanged)
    1. “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
    1. “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 instrument; 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 document.
    1. – (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

  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) 
    1. Perform other duties that the Board assigns. Perform other duties that either Board may assign.
14.30.05 – Elections
.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. The challenged ballots are insufficient to affect the results of the election;
    2. No objections have been filed; and
    3. No runoff election is required
  5. – G. (text unchanged)
14.30.07 – Unfair Labor Practices
Where statutory language addresses issues in this section, the statutory provisions shall take precedence over these regulations.
.01 (text unchanged)
.02 (text unchanged)
.03 Permissible Labor Practices
A. – D. (text unchanged)
E. 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.
A. – E. (text unchanged)
F. Investigation…
(1) (text unchanged)
(2) Establish appropriate internal procedures, as considered necessary, to further implement §F(1) of this regulation.
(2) The petition shall be administratively dismissed if:

  1. The Executive Director finds that the petition fails to state an actionable claim under the Maryland Collective Bargaining Law or regulations under this chapter, or 
  2. The Executive Director determines that the Board holds no jurisdiction over the claims presented.
(3) Establish appropriate internal procedures, as considered necessary, to further implement §§F(1) or (2) of this regulation.
14.30.09 – Collective Bargaining
.01 Negotiations

  1. (1) – (7) (text unchanged) 
    • (8) Negotiations for a Memorandum of Understanding shall be closed sessions.
  2. – D. (text unchanged)
14.30.10 Notice of Impasse Impasse Procedures
.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 appointed to resolve the issues. 
  2. Parties must choose a fact finder from either the Federal Mediation and Conciliation Service or the American Arbitration Association. The State Higher Education Labor Relations Board may compile a list of appropriate fact finders to assist parties in this process. 
  3. The fact finder must be employed no later than November 1. 
  4. The fact finder has authority, based on State Personnel and Pension Article §3-501(c)(3), to hold hearings, administer oaths and take testimony, and issue subpoenas. 
  5. Before November 20, the fact finder shall make written recommendations regarding wages, hours, working conditions, and other terms or conditions of employment that may be in dispute. 
  6. These written recommendations 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 December1.
14.30.11 Hearings
.22 Transcripts, Costs

  1. The hearing shall be recorded by tape recording unless excused by the Board. 
  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. 
  3. 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.

  1. (Text unchanged) 
  2. Transcript 
    1. Either party has the option of requesting a transcript at a hearing conducted by 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. If neither party will be ordering a transcript, the parties shall communicate that fact to the Board 5 days prior to the hearing date. 
    3. The Board shall order a transcript if neither party does so. The cost of the transcript shall be billed to the petitioner and the respondent, half to each. 
    4. 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. 
    5. 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.
  3. (deleted)

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