Md. Code Regs. 11.02.09.01

Current through Register Vol. 51, No. 26, December 27, 2024

Section 11.02.09.01 - Definitions and Application

A. Definitions.

(1) "Days" means calendar days.

(2) "Exclusive representative" means an employee organization that has been certified by the State Labor Relations Board as an exclusive representative under State Personnel and Pensions Article, Division I, Title 3, Subtitle 4, Annotated Code of Maryland.

(3) Grievance.

(a) "Grievance" means a cause of complaint, unless otherwise provided for by law or regulation, arising between a Transportation Service employee and the Department over the interpretation and application of Department regulations, rules, or policies over which management has control or over a term or condition of a memorandum of understanding between the State and the exclusive representative.

(b) "Grievance" does not include a dispute about:

(i) A pay grade or range for a classification;

(ii) The amount or the effective date of a Statewide pay increase;

(iii) The establishment of a classification;

(iv) The assignment of a classification to a service category;

(v) A mid-year performance appraisal; or

(vi) An oral reprimand or counseling memoranda.

(4) "Party" means:

(a) An employee having a grievance; or

(b) An aggrieved employee's appointing authority or the appointing authority's designee, or both.

B. The following employees are authorized to present grievances:

(1) Career Service;

(2) Executive Service; and

(3) Commission Plan.

C. The following employees are not authorized to present grievances:

(1) Temporary;

(2) Contractual;

(3) Law enforcement;

(4) Those covered under Maryland Transit Administration collective bargaining agreements;

(5) Emergency.

Md. Code Regs. 11.02.09.01

Regulation .01C amended effective July 12, 2010 (37:14 Md. R. 938); amended effective 48:23 Md. R. 981, eff. 11/15/2021