Sec. 14.32.01.04. Definitions

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Act" means State Personnel and Pensions Article, Title 3, Annotated Code of Maryland.

(2) "Bargaining unit" means a bargaining unit defined in Executive Order 01.01.1996.13 or established through the procedures set forth in this subtitle.

(3) "Board" means the State Labor Relations Board, which consists of five members appointed by the Governor, in compliance with State Personnel and Pensions Article, §3-202, Annotated Code of Maryland.

(4) "Chairman" means the individual designated under State Personnel and Pensions Article, §3-202(c), Annotated Code of Maryland.

(5) "Collective bargaining" means:

(a) Good faith negotiations by authorized representatives of employees and their employer with the intention of:

(i) Reaching an agreement about wages, hours, and other terms and conditions of employment;

(ii) Incorporating the terms of the agreement in a written memorandum of understanding or other written understanding; and

(iii) Clarifying terms and conditions of employment;

(b) Administration of terms and conditions of employment; or

(c) 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.

(6) "Complainant" means the party filing a complaint alleging a violation of the Act or violations of regulations adopted under it or both.

(7) "Complaint" means an allegation of a violation of the Act or regulations adopted under it or both, and filed in accordance with COMAR 14.32.05.

(8) "Contested case" means a proceeding defined by State Government Article, §10-202(d), Annotated Code of Maryland.

(9) "Employee organization" means a labor or other organization in which State employees participate and that has as one of its primary purposes representing employees.

(10) "Employer" means the State of Maryland.

(11) "Exclusive representative" means an employee organization certified by the State Labor Relations Board under State Personnel and Pensions Article, §3-406, Annotated Code of Maryland.

(12) "Exclusive representative designee" means those individuals designated by the exclusive representative exercising the exclusive representative responsibilities under the Act including accepting responsibility to accept service pursuant to COMAR 14.32.02.12A(2), on a form provided by the Board.

(13) "Executive Director" means the individual appointed jointly by SHELRB and SLRB as Executive Director, the Executive Director's designee, or, in the absence of the Executive Director, other member or members of the Boards' staff that, with the assent of the Boards, discharges the duties of the Executive Director.

(14) "Intervenor" means a party who interposes in a proceeding with the approval of the Board, the Executive Director, or an administrative law judge.

(15) "OAH" means the Maryland Office of Administrative Hearings.

(16) "Party" means any person, employee organization, or the Employer:

(a) Who acts pursuant to this subtitle;

(b) Who has been named as a party in a complaint, petition, or other matter under this subtitle; or

(c) Whose motion to intervene has been granted by the Board.

(17) "Petition" means a request for implementation of a provision of State Personnel and Pensions Article, §3-206, Annotated Code of Maryland, filed in accordance with COMAR 14.32.03 and 14.32.06.

(18) "Petitioner" means the party filing a representation or unit petition pursuant to State Personnel and Pensions Article, §3-206, Annotated Code of Maryland.

(19) "Presiding hearing officer" means the Board or the individual the Chief Administrative Law Judge of OAH has assigned to conduct the hearing.

(20) "Respondent" means the party accused of a violation of the Act or regulation adopted under it.

(21) "Unfair labor practice (ULP)" means those practices defined in regulations adopted by the Secretary of Budget and Management.