3122

LAWS OF MARYLAND

Ch. 815

a hearing officer from the Department may conduct a hearing under
this subsection at one of the regional sites designated by the
Secretary for hearing grievance disputes under this subsection.
In either case the appeal must be submitted within 15 days after
the receipt of the written decision at step four. If the grieving
employee chooses to have his grievance heard by the Secretary of
Personnel, the Secretary shall render his written decision within
45 days after the hearing is held by him or his authorized
representative or within 45 days after all legal memoranda or
briefs have been filed in the grievance hearing. In the event of
arbitration, the parties shall select an arbitrator by mutual
agreement. If they are unable to reach a mutual agreement, an
arbitrator shall be supplied by the American Arbitration
Association in accordance with its procedures. Any fees resulting
from arbitration shall be assessed by the arbitrator equally
between the two parties. The decision of the arbitrator shall be
advisory to the Secretary of Personnel and no additional appeals
or hearings may be considered. The Secretary of Personnel shall
make the final decision which shall be binding on all parties.
The written decision of the Secretary shall be rendered within 15
days after the receipt of the decision of the arbitrator.

(b) The Secretary of Personnel shall have the power to
order an appointing authority to grant back pay in any grievance
and an appointing authority shall enforce any such order.

(C) IN ANY RECLASSIFICATION CASE, IF COMPLETION OF THE
FOURTH STEP IN THE GRIEVANCE PROCEDURE DOES NOT RESOLVE THE
DISPUTE GRIEVANCE, IF THE MATTER IS NOT RESOLVED AT THE SECOND
STEP AND THE EMPLOYEE FILES AN APPEAL TO THE SECRETARY OF
PERSONNEL. THE SECRETARY OF PERSONNEL SHALL REQUIRE AN AUDIT OF
THE POSITION TO DETERMINE IF THE POSITION IS APPROPRIATELY
CLASSIFIED, IF NO AUDIT HAS BEEN PERFORMED WITHIN THE LAST YEAR.

[(c)] (D) In any reclassification case in which the
Secretary of Personnel or his authorized representative
determines that an employee is entitled to back pay because the
employee has been misclassified or has been working out of
classification, the Secretary may, in his discretion, award back
pay to the employee for a period not to exceed one year prior to
the initial filing of the grievance.

[(d)] (E) If the step five hearing has been held and in
that hearing the initial determination was rescinded, no further
action may be taken against an employee with regard to the charge
that was considered in the hearing.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1986.

Approved May 27, 1986.