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Ch. 727
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2924
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LAWS OF MARYLAND
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AFTER THE CONCLUSION OF THE CONFERENCE.
(5) STEP FIVE SHALL BE THE FINAL AND BINDING
REVIEW. STEP FIVE. IF THE DISPUTE IS STILL UNRESOLVED,
THE GRIEVING EMPLOYEE SHALL HAVE THE RIGHT TO SUBMIT HIS
GRIEVANCE SAID DISPUTE TO EITHER ARBITRATION OR TO THE
SECRETARY OF PERSONNEL. IN EITHER CASE THE GRIEVANCE
APPEAL MUST BE SUBMITTED WITHIN 15 DAYS AFTER THE RECEIPT
OF THE WRITTEN DECISION AT STEP FOUR. 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 ARBITRATION AWARD SHALL BE BINDING ON ALL
PARTIES THE DECISION OF THE ARBITRATOR SHALL BE ADVISORY
TO THE SECRETARY OF PERSONNEL AND NO ADDITIONAL APPEALS
OR HEARINGS MAY BE CONSIDERED. IN THE EVENT THE
AGGRIEVED EMPLOYEE DOES NOT CHOOSE TO SUBMIT HIS
GRIEVANCE TO ARBITRATION, THE SECRETARY OF PERSONNEL
SHALL MAKE THE FINAL DECISION WHICH SHALL BE BINDING ON
ALL PARTIES.
55.
(A) A GRIEVANCE MAY START WITH A COMPLAINT OR
REQUEST BY ANY EMPLOYEE COVERED BY THIS SUBTITLE.
SIMILAR GRIEVANCES MAY BE CONSOLIDATED AND PROCESSED
TOGETHER AS A SINGLE ISSUE. BY MUTUAL AGREEMENT, ANY
STEP OR STEPS MAY BE BYPASSED.
(B) A RECORD OF EACH WRITTEN GRIEVANCE AND ITS
DISPOSITION SHALL BE FURNISHED TO THE COMPLAINING
EMPLOYEE AND SHALL BE FILED AND AVAILABLE TO ANY EMPLOYEE
OR DESIGNATED REPRESENTATIVE /OR HIS DESIGNATED
REPRESENTATIVE AND SHALL BE FILED IN THE OFFICE OF THE
SECRETARY Of PERSONNEL. THE SECRETARY OF PERSONNEL SHALL
PROVIDE APPROPRIATE FORMS FOR THE FILING AND PROCESSING
OF A GRIEVANCE.
(C) EACH EMPLOYEE SHALL RECEIVE A COPY OF THIS
PROCEDURE AS IT TAKES EFFECT OF WHEN HE IS FIRST
EMPLOYED, AND IT SHALL BE POSTED IN EACH FACILITY. EACH
EMPLOYEE SHALL BE NOTIFIED OF THE LOCATION, AT THE WORK
SITE, OF THE MERIT SYSTEM LAW, STATE EMPLOYEES PERSONNEL
RULES AND AGENCY PERSONNEL REGULATIONS AND POLICIES.
(D) EVERY EFFORT SHALL BE MADE BY BOTH PARTIES TO
RESOLVE THE GRIEVANCE AT THE LOWEST POSSIBLE LEVEL.
(E) FAILURE TO APPEAL CONSTITUTES ACCEPTANCE.
FAILURE TO ANSWER IS A DENIAL FROM WHICH AN APPEAL MAY BE
TAKEN. BY MUTUAL AGREEMENT, TIME LIMITS MAY BE WAIVED.
AN APPEAL SHALL BE IN WRITING. THE ORIGINAL COPY OF THE
WRITTEN APPEAL, SIGNED BY THE EMPLOYEE MUST BE FORWARDED
TO THE NEXT STEP FOR CONSIDERATION.
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