For purposes of this subtitle, “grievance” means a dispute between an employee and the employee’s employer about the interpretation of and application to the employee of: A personnel policy or procedure adopted by the University; or Any other policy or procedure over which the University management has control. This subtitle does not apply to: A student employee; An employee, including a member of a faculty, who is subject to a contract or regulations governing teacher tenure; or A member of the faculty, an executive staff member, or a professional administrative staff member of the University. Unless a different procedure is provided for by law, an employee with a grievance may present that grievance in accordance with this subtitle, free from coercion, discrimination, interference, reprisal, or restraint.

The Secretary of Budget and Management shall provide forms for initiating and processing grievances. The three steps in the grievance proceeding are: The initiation of a grievance proceeding; An appeal to the President; and An appeal to the Secretary of Budget and Management. The parties may agree to bypass any step of the grievance proceeding. Each party to a grievance shall make every effort to resolve the grievance at the lowest level possible. If a grievant fails to appeal a decision in accordance with this title to the next step in the grievance proceeding, the grievant is considered to have accepted the decision. If a grievance is not decided at any step in the grievance proceeding, the grievance is considered as denied and the grievant may appeal to the next step. A grievant may be represented at any time by any person that the grievant chooses. The President, a program director, or a vice president may be represented at any time by an individual designated for that purpose. The President and each program director and vice president shall submit to the Secretary of Budget and Management a list of individuals designated to represent the President, program director, or vice president at each stage of the grievance proceeding. After a finding that wages were withheld in violation of §§ 2–402 and 2–407 of the State Personnel and Pensions Article, the decision maker in a grievance procedure shall award the payment of damages in accordance with § 2–407 of the State Personnel and Pensions Article.

Before initiating a grievance proceeding, a classified employee shall present the matter orally to the employee’s supervisor for informal discussion. A grievance proceeding must be initiated by a classified employee within 30 days after: The occurrence of the alleged act that is the basis for the grievance; or The employee first knew or reasonably should have known of the alleged act that is the basis for the grievance.

Within the time specified in § 14-303 of this subtitle, the grievant may initiate a grievance proceeding by filing a written grievance with the vice president or program director. Within 10 days after the grievance is received, the vice president or program director shall hold a conference with the grievant. The vice president or program director shall issue a written decision to the grievant within 15 days after the conference.

Within 10 days after receiving a decision under § 14-304 of this subtitle, a grievant or a grievant’s representative may appeal in writing to the President or the President’s designee. Within 10 days after the appeal is received, the President or the President’s designee shall hold a conference with the grievant. The President or the President’s designee shall issue a written decision to the grievant within 15 days after the conference.

Within 15 days after receiving a decision under § 14-305 of this subtitle, a grievant or a grievant’s representative may appeal in writing to the Secretary of Budget and Management. The appeal shall designate whether the grievant elects the appeal to be heard by the Secretary of Budget and Management or submitted to arbitration. In a reclassification grievance proceeding, the Secretary of Budget and Management shall order an audit of the position if it has not been audited within the last year. If the grievant elects to have a hearing, the Secretary of Budget and Management shall conduct the hearing. The Secretary of Budget and Management shall issue a decision in writing within 45 days after the later of: The conclusion of the hearing; or The day when all briefs or memoranda have been submitted. If the grievant elects arbitration, the parties shall mutually select an arbitrator. If the parties are unable to agree on an arbitrator, an arbitrator shall be selected through the American Arbitration Association in accordance with its procedures. The arbitrator shall assess all fees that result from the arbitration equally between the parties. The arbitrator shall issue an advisory decision to the Secretary of Budget and Management, and additional appeals or hearings may not be considered or held. Within 15 days after the decision of the arbitrator is received, the Secretary of Budget and Management shall issue a decision in writing. A decision of the Secretary of Budget and Management is final and binding on all parties. If an initial determination is rescinded by the Secretary of Budget and Management, further action may not be taken against the grievant with respect to any charge that was considered at the hearing. The Secretary of Budget and Management may order the University to grant back pay to a classified employee in any grievance proceeding. In a reclassification grievance proceeding in which the Secretary of Budget and Management determines that the grievant is working outside of classification or in a position that is improperly classified, the Secretary of Budget and Management, in the Secretary’s discretion, may order back pay for a period not exceeding 1 year before the grievance proceeding was initiated. The University shall carry out a back pay order issued under this section.

On conclusion of each step of a grievance proceeding, a copy of the grievance and its disposition shall be given to the grievant or grievant’s representative or both. Similar grievances may be consolidated and processed in a single proceeding. The parties may agree to waive any time limitation specified in this title. On the informal presentation of a grievance or the initiation of a grievance proceeding, an employee designated as a grievant’s representative may not lose pay for investigating, processing, or testifying at any stage of the grievance proceeding. An employee shall be granted release time from the employee’s normal work schedule to attend a grievance conference or hearing as a witness. Expenses incurred in connection with attendance by an employee at grievance conferences or hearings, whether as a grievant, as a grievant’s representative, or as a witness, shall be borne by that employee’s unit.

A decision may not be made at any step of the grievance procedure that conflicts with or modifies a policy approved by the Board of Regents of the University or with any applicable statute or with any administrative regulation issued under appropriate statutory authority or that otherwise delimits the lawfully delegated authority of University officials unless prior approval has been obtained from the responsible official.