Sec. 14.32.03.05. Determinations of Bargaining Unit—Disputes

A. Form and Content of Petition.

(1) The Employer, an affected State employee, or the exclusive representative may file a petition to resolve disputes concerning the:

(a) Appropriateness of a bargaining unit in accordance with the State Personnel and Pensions Article, §3-403(a) and (b), Annotated Code of Maryland; and

(b) Inclusion or exclusion of employees in established bargaining units based upon criteria set forth in or promulgated pursuant to State Personnel and Pensions Article, §3-102 (b), Annotated Code of Maryland.

(2) The petition shall be in the absence of a question concerning representation.

B. Procedure-Decision. Regulation .02 of this chapter applies, except that the Board may, with consent of the parties, conduct an investigation and issue a decision and order without a hearing.

C. Status Decision. The Board's decision with respect to disputes based upon supervisory, managerial, and confidential status shall be based upon these terms as defined in Executive Order 01.01.1996.13 or as subsequently defined by new regulations promulgated by the Secretary of Budget and Management.