§ 4-5-101. DEFINITIONS.

(a)

In general. In this act the following words have the meanings indicated.

(b)

Budget submission date. "Budget submission date" means the date not later than 60 days before the end of the fiscal year on which the County Executive submits to the County Council the proposed county budget for the following fiscal year.

(c)

Confidential employee. "Confidential employee" means an employee who:

(1)

Has access to confidential information, including budgetary and fiscal data, subject to use by the county administration in collective bargaining or in the adjustment of grievances; or

(2)

Works in a close and continuing confidential relationship assisting or aiding a management employee.

(d)

County administration. "County administration" means the County Executive, the County Administrative Officer, and department and office heads or their designees.

(e)

Employee.

(1)

"Employee" means a person employed by the county as a member of the classified service as defined under § 801 of the Charter and further defined under the Personnel Rules.

(2)

"Employee" does not include supervisory, management, and confidential employees as defined in this title.

(f)

Employee organization.

(1)

"Employee organization" means an association, labor organization, federation, council, or brotherhood, a purpose of which is to represent employees of a public employer in matters of wages, hours, and terms and conditions of employment.

(2)

"Employee organization" does not include an association, labor organization, federation, council, or brotherhood, that discriminates with regard to the terms or conditions of membership because of race, color, creed, sex, age, national origin, political affiliation, religion, marital status, sexual orientation, gender identity, genetic information, or disability.

(g)

Exclusive representative. "Exclusive representative" means an employee organization that is certified as the exclusive negotiating agent for employees in the classified service with merit system status within a representation unit.

(h)

Grievance. "Grievance" means any dispute concerning:

(1)

Application or interpretation of the terms of a written memorandum of understanding;

(2)

Discriminatory application or misapplication of the rules or work practices of an agency of the county;

(3)

Suspension, dismissal, promotion, or demotion of an employee; or

(4)

A complaint about an examination or examination rating.

(i)

Management employee. Subject to § 4-5-102 of this subtitle, "management employee" means an employee generally having authority who:

(1)

Formulates policy that is applicable throughout a representation unit;

(2)

Has a significant role in personnel administration, employee relations, or the preparation and administration of budgets for a county agency; or

(3)

May reasonably be required to:

(i)

Assist directly in the preparation for and conduct of collective bargaining negotiations on behalf of the county administration; or

(ii)

Have a major role in the administration of resulting agreements.

(j)

Memorandum of understanding. "Memorandum of understanding" means a written memorandum signed by the County Executive and the exclusive representative, covering all items agreed to by both parties and that the county administration in good faith approves.

(k)

Representation unit. "Representation unit" means a grouping of positions in the county classified service into a unit described under § 4-5-302 of this title for the purpose of representation in negotiations.

(l)

Supervisory employee. Subject to § 4-5-102 of this subtitle, "supervisory employee" means an individual authorized to:

(1)

Hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline employees;

(2)

Responsibly direct employees; or

(3)

Adjust the grievances of employees.

(1988 Code, § 25-52) (Bill No. 11, 1992, § 1, 1-27-1992; Bill No. 112-98, § 1, 11-20-1998; Bill No. 66-99, § 2, 7-1-2004; Bill No. 71-03, § 1, 7-1-2004; Bill No. 77-15, § 2, 11-4-2015 )