Section 16-401 - Definitions

(a) In this subtitle the following words have the meanings indicated. (b) (1) 'Adversely affect' means to: (i) eliminate more than two employee positions assigned to perform bargaining unit work if the positions are: 1. authorized; 2. fully funded; and 3. A. vacant for less than 90 days; or B. occupied at the time the Commission solicits a service contract; or (ii) permanently and involuntarily reduce: 1. below the number of hours for regular full–time employment for more than five employees currently assigned to a regular full–time work schedule to perform bargaining unit work when the Commission solicits a service contract; 2. the pay grade for more than five employees currently assigned to a regular full–time work schedule to perform bargaining unit work when the Commission solicits a service contract; or 3. the base pay or fringe benefits otherwise applicable to a job classification covering more than five employees currently assigned on a full–time basis to perform bargaining unit work when the Commission solicits a service contract. (2) 'Adversely affect' does not include an action the Commission takes in accordance with: (i) a bona fide disciplinary proceeding; (ii) an

unit work when the Commission solicits a service contract. (2) 'Adversely affect' does not include an action the Commission takes in accordance with: (i) a bona fide disciplinary proceeding; (ii) an applicable collective bargaining agreement in accordance with Subtitle 2 of this title; or (iii) a reallocation or reassignment to another bargaining unit work or other duties that does not result in a change in job classification or grade. (c) 'Bargaining unit work' means work duties assigned or allocated to a position occupied within the preceding 90 days by an employee who is represented by a certified representative. (d) 'Certified representative' means an employee organization certified as an exclusive representative in accordance with Subtitle 2 of this title. (e) 'Secretary–treasurer' means the secretary–treasurer of the Commission. (f) 'Service contract' means a procurement contract for services that will be provided to the Commission.