Ch. 326 LAWS OF MARYLAND

department head or chairman or designee shall use judgment in keeping superiors
informed of the status of each grievance and, if necessary, request guidance, advisory
committees, or other assistance consistent with departmental policy. If either the
employee or the department head or chairman or designee feels the need for aid in
arriving at a solution, the campus personnel department may be requested to provide
resource staff or any other available resource personnel may be invited to participate in
further discussions. The addition of such participants does not relieve the department
head or chairman or designee and the employee from responsibility for resolving the
problem.

(c) Step Two. The appeal shall be submitted to the president of the constituent
institution or the president's designated representative within 5 days after the receipt of
the written decision at step one. The president or the president's designated
representative shall hold a conference with the aggrieved or the employee's designated
representative within 10 days of receipt of the written grievance appeal and render a
written decision within 15 days after the conclusion of the conference.

(d) Step Three. In the case of any still unresolved grievance between an
employee and the constituent institution, the aggrieved employee, after exhausting all
available procedures provided by the constituent institution, may submit the grievance
to either arbitration or to the Secretary of Personnel. In either case, the appeal shall be
submitted within 10 days after the receipt of any written decision pertaining to that
grievance and issued by the constituent institution. If the grievance is arbitrated, 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 by their procedures. Any fees resulting from arbitration are assessed by the
arbitrator equally between the two parties. The arbitration award is advisory to the
Secretary of Personnel and an additional appeal or hearing may not be considered. The
Secretary of Personnel shall make the final decision that is binding on all parties.

(e) The Secretary of Personnel shall have the power to award back pay in any
grievance and the president of the constituent institution shall enforce such order. In
any reclassification case in which the Secretary, or his designated representative,
determines that an employee has been misclassified, 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.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1990.

Approved May 2, 1990.

CHAPTER 326
(House Bill 460)

AN ACT concerning

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