2952

LAWS OF MARYLAND

Ch. 776

(10)  "EMPLOYEE ORGANIZATION" MEANS ANY ORGANIZATION
OF EMPLOYEES WHICH HAS AS ONE OF ITS PRIMARY PURPOSES
REPRESENTING LAW ENFORCEMENT EMPLOYEES IN COLLECTIVE BARGAINING.

(11)  "EXCLUSIVE REPRESENTATIVE" MEANS AN EMPLOYEE
ORGANIZATION THAT HAS BEEN CERTIFIED BY THE COMMISSIONER AS
REPRESENTING THE EMPLOYEES OF THE BARGAINING UNIT.

(12)  "FACT-FINDING" MEANS IDENTIFICATION OF THE MAJOR
ISSUES IN A PARTICULAR IMPASSE, REVIEW OF THE POSITIONS OF THE
PARTIES AND RESOLUTION OF FACTUAL DIFFERENCES BY AN IMPARTIAL
INDIVIDUAL OR PANEL, AND THE MAKING OF RECOMMENDATIONS FOR
SETTLEMENT OF THE IMPASSE.

(13)  "GRIEVANCE" MEANS A DISPUTE CONCERNING THE
APPLICATION OR INTERPRETATION OF THE TERMS OF THE COLLECTIVE
BARGAINING AGREEMENT OR THE RULES AND REGULATIONS OF THE MNCPPC.

(14)  "IMPASSE" MEANS FAILURE OF THE MNCPPC AND AN
EXCLUSIVE REPRESENTATIVE TO ACHIEVE AGREEMENT AT LEAST 30 DAYS
BEFORE THE DATE THAT THE MNCPPC BUDGET IS DUE FOR SUBMISSION TO
THE MONTGOMERY COUNTY COUNCIL AND THE PRINCE GEORGE'S COUNTY
COUNCIL.

(15)  "MEDIATION" MEANS ASSISTANCE BY AN IMPARTIAL 3RD
PARTY TO RECONCILE A DISPUTE ARISING OUT OF COLLECTIVE BARGAINING
THROUGH INTERPRETATION, SUGGESTION, AND ADVICE.

(16)  "STRIKE" MEANS AN EMPLOYEE'S REFUSAL, IN
CONCERTED ACTION WITH OTHERS, TO REPORT FOR DUTY, OR WILLFUL
ABSENCE FROM THE POSITION, OR STOPPAGE OF WORK, OR ABSTINENCE IN
WHOLE OR IN PART FROM THE PROPER PERFORMANCE OF THE DUTIES OF
EMPLOYMENT, FOR THE PURPOSE OF INDUCING, INFLUENCING, OR COERCING
A CHANGE IN THE WAGES, HOURS, OR OTHER TERMS AND CONDITIONS OF
EMPLOYMENT.

(17)  "SUPERVISORY EMPLOYEE" MEANS AN EMPLOYEE WHO
SERVES AT THE RANK OR TITLE OF CAPTAIN AND ABOVE.

(B)  IF A DISPUTE EXISTS THAT CONCERNS THE ELIGIBILITY OF AN
EMPLOYEE IN THE BARGAINING UNIT, THE DISPUTE SHALL BE SUBMITTED
TO A NEUTRAL 3RD PARTY WHO IS MUTUALLY AGREED ON FROM A LIST
PROVIDED BY THE AMERICAN ARBITRATION ASSOCIATION OR THE FEDERAL
MEDIATION AND CONCILIATION SERVICE FOR A FINAL AND BINDING
ARBITRATION.

(C)  (1) AFTER JULY 1, 1986, AN ELECTION FOR AN EXCLUSIVE
REPRESENTATIVE SHALL BE CONDUCTED BY THE COMMISSIONER.

(2) A PETITION FOR AN ELECTION MAY BE SUBMITTED BY:

(I) AN EMPLOYEE ORGANIZATION THAT DEMONSTRATES
THAT 30 PERCENT OF THE POLICE OFFICERS IN A BARGAINING UNIT WISH
TO BE REPRESENTED FOR COLLECTIVE BARGAINING BY AN EXCLUSIVE
REPRESENTATIVE;