In this title the following words have the meanings indicated. “Employer” means one or more of the following: an employee’s appointing authority; an employee’s principal unit; or the Department of Budget and Management. “Exclusive representative” has the meaning stated in § 3–101 of this article. “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 regulation adopted by the Secretary; any other policy or regulation over which management has control; or any term or condition of a memorandum of understanding between the State and the exclusive representative. “Grievance” does not include a dispute about: a pay grade or range for a class; the amount or the effective date of a statewide pay increase; the establishment of a class; the assignment of a class to a service category; the establishment of classification standards; a mid–year performance appraisal; or an oral reprimand or counseling.

Except as otherwise provided by law, this title applies to all employees in the State Personnel Management System within the Executive Branch and independent personnel systems. This title does not apply to: an employee who is appointed by the Governor whose appointment requires the Governor’s approval; an employee in the executive service of the State Personnel Management System; a temporary employee; an attorney in the Office of the Attorney General; a State Police officer; an employee under § 7–601 of the Transportation Article who is subject to a collective bargaining agreement that contains another grievance procedure; an employee, including a member of a faculty, who is subject to a contract or regulation governing teacher tenure; a member of the faculty, an officer, or an administrative employee of Baltimore City Community College; a student employee; an individual who, as an incarcerated individual or patient in an institution, is employed by the State; or an administrative law judge in the Office of Administrative Hearings.

An employee with a grievance or the grievant's representative may present the grievance free from coercion, discrimination, interference, reprisal, or restraint. Unless another procedure is provided for by this article, the grievance procedure is the exclusive remedy through which a nontemporary employee in the State Personnel Management System may seek an administrative remedy for violations of the provisions of this article.

For employees of the Department, the Secretary shall provide separate grievance procedures that are similar to the grievance procedures specified in this title.

A grievant may choose any person to assist or represent the grievant at any time during the grievance process and shall notify the employer of that choice. The appointing authority, the head of the principal unit, or the Secretary may designate an individual to assist or represent them at any step of the grievance process and shall notify the grievant of that designation.

Except as otherwise provided in this title, if a grievant fails to appeal a decision in accordance with this title to the next step in the grievance procedure, the grievant is considered to have accepted the decision. Except as otherwise provided in this title, a failure to decide a grievance at any step in the grievance procedure in accordance with this title is considered a denial from which an appeal may be made.

The parties may agree to waive any time limitations specified in this title. If the individual responsible to prepare a decision to a grievance at Step One or Step Two of the grievance procedure cannot respond within the time specified in this title because the individual is on approved leave for 3 or more days: the period for the decision shall be extended by the number of days of the approved leave, up to a maximum of 14 days; and the grievant shall be notified of the extension of time.

The Secretary shall: provide for forms for initiating and processing grievances; and make the forms available on the Department’s website. The grievant shall complete the forms provided in accordance with subsection (a) of this section in sufficient detail that will allow for the expeditious resolution of the grievance.

Each party to a grievance shall make every effort to resolve the grievance at the lowest level possible.