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<section article="ged" article_name="Education" number="16-701" title_number="16" title_name="Community Colleges" subtitle_number="7" subtitle_name="Collective Bargaining">
  <level label="a">
    <text>In this subtitle the following words have the meanings indicated.</text>
  </level>
  <level label="b">
    <text>“Agreement” means a written contract between a public employer and an employee organization.</text>
  </level>
  <level label="c">
    <text>“Arbitration” means a procedure by which parties involved in a grievance submit their differences to an impartial third party for a final and binding decision.</text>
  </level>
  <level label="d">
    <text>“Board” means the Public Employee Relations Board.</text>
  </level>
  <level label="e">
    <text>“Collective bargaining” has the meaning stated in § 3–101(d) of the State Personnel and Pensions Article.</text>
  </level>
  <level label="f">
    <text>“Confidential employee” means a public employee whose unrestricted access to personnel, budgetary, or fiscal data subject to use by the public employer in collective bargaining, or whose close, continuing working relationship with those responsible for negotiating on behalf of the public employer, would make the employee’s membership in an employee organization as a rank and file employee incompatible with the employee’s duties.</text>
  </level>
  <level label="g">
    <text>“Employee organization” has the meaning stated in § 22–101 of the State Government Article.</text>
  </level>
  <level label="h">
    <text>“Exclusive representative” has the meaning stated in § 22–101 of the State Government Article.</text>
  </level>
  <level label="i">
    <text>“Fact–finding” means a process conducted by the Board that includes:</text>
    <level label="1">
      <text>The identification of the major issues in an impasse;</text>
    </level>
    <level label="2">
      <text>The review of the positions of the parties; and</text>
    </level>
    <level label="3">
      <text>A resolution of factual differences by an impartial individual or panel.</text>
    </level>
  </level>
  <level label="j">
    <level label="1">
      <text>“Faculty” means employees whose assignments involve academic responsibilities, including teachers and department heads.</text>
    </level>
    <level label="2">
      <text>“Faculty” does not include officers, supervisory employees, confidential employees, part–time faculty, or student assistants.</text>
    </level>
  </level>
  <level label="k">
    <text>“Grievance” means a dispute concerning the application or interpretation of the terms of a collective bargaining agreement.</text>
  </level>
  <level label="l">
    <text>“Impasse” means a failure by a public employer and an exclusive representative to achieve agreement in the course of negotiations.</text>
  </level>
  <level label="m">
    <text>“Officer” means the president, a vice president, a dean, or any other similar official of the community college as appointed by the board of community college trustees.</text>
  </level>
  <level label="n">
    <text>“Part–time faculty” means employees whose assignments involve academic responsibilities, including teachers, counselors, and department heads, who are designated with part–time faculty status by the president of the community college.</text>
  </level>
  <level label="o">
    <level label="1">
      <text>“Public employee” means an employee employed by a public employer.</text>
    </level>
    <level label="2">
      <text>“Public employee” includes faculty and part–time faculty at the Baltimore City Community College.</text>
    </level>
    <level label="3">
      <text>“Public employee” does not include:</text>
      <level label="i">
        <text>Officers;</text>
      </level>
      <level label="ii">
        <text>Supervisory or confidential employees; or</text>
      </level>
      <level label="iii">
        <text>Student assistants.</text>
      </level>
    </level>
  </level>
  <level label="p">
    <level label="1">
      <text>“Public employer” means the board of community college trustees for a community college.</text>
    </level>
    <level label="2">
      <text>“Public employer” includes the Board of Trustees of Baltimore City Community College for the purposes of collective bargaining with faculty and part–time faculty.</text>
    </level>
  </level>
</section>
