2918                                     LAWS OF MARYLAND                                 Ch. 1015

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF

MARYLAND, That section(s) of the Annotated Code of Maryland

(as enacted by Chapter ____ of the Acts of the General

Assembly of 1978) be repealed, amended, or enacted to read

as follows:

Article - Education

16-510.1. MONTGOMERY COUNTY PUBLIC EMPLOYMENT RELATIONS.

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE
THE MEANINGS INDICATED.

(2) "AGREEMENT" MEANS A WRITTEN___CONTRACT

BETWEEN THE PUBLIC EMPLOYER AND AN EMPLOYEE ORGANIZATION.

(3) "ARBITRATION" MEANS A PROCEDURE WHEREBY

PARTIES INVOLVED IN A GRIEVANCE DISPUTE SUBMIT THEIR

DIFFERENCES TO AN IMPARTIAL THIRD PARTY FOR A FINAL AND
BINDING DECISION.

(4) "COLLECTIVE BARGAINING" MEANS THE

PERFORMANCE BY THE CERTIFIED EMPLOYEE ORGANIZATION THROUGH

ITS DESIGNATED REPRESENTATIVE, AND THE PUBLIC EMPLOYER, OF
THEIR MUTUAL OBLIGATIONS TO MEET AT REASONABLE TIMES AND TO
NEGOTIATE IN GOOD FAITH WITH RESPECT TO WAGES, HOURS, AND
OTHER TERMS AND CONDITIONS OF EMPLOYMENT, OR THE NEGOTIATION

OF AN AGREEMENT, OR ANY QUESTIONS ARISING UNDER AN

AGREEMENT, AND THE EXECUTION OF VARIOUS AGREEMENTS

INCORPORATING THE TERMS AGREED UPON BY BOTH PARTIES. IN THE

PERFORMANCE OF THIS OBLIGATION NEITHER PARTY SHALL BE

COMPELLED TO AGREE TO A PROPOSAL, OR BE REQUIRED TO MAKE A

CONCESSION TO THE OTHER.

(5) "COMMISSIONER" MEANS THE STATE COMMISSIONER
OF LABOR AND INDUSTRY OR HIS DESIGNEE.

(6) "CONFIDENTIAL EMPLOYEE" MEANS A PUBLIC

EMPLOYEE WHOSE UNRESTRICTED ACCESS TO PERSONNEL, BUDGETARY
OR FISCAL DATA SUBJECT TO USE BY THE PUBLIC EMPLOYES IN

COLLECTIVE BARGAINING OR WHOSE CLOSE, CONTINUING WORKING

RELATIONSHIP WITH THOSE RESPONSIBLE FOR NEGOTIATING ON

BEHALF OF THE PUBLIC EMPLOYER WOULD MAKE HIS MEMBERSHIP IN

AN EMPLOYEE ORGANIZATION AS A RANK AND FILE EMPLOYEE

INCOMPATIBLE WITH HIS DUTIES.

(7) "EMPLOYEE ORGANIZATION" MEANS ANY

ORGANIZATION OF PUBLIC EMPLOYEES WHICH HAS AS ONE OF ITS

PRIMARY PURPOSES REPRESENTING SUCH EMPLOYEES IN COLLECTIVE
BARGAINING.

(8) "EXCLUSIVE REPRESENTATIVE" MEANS AN

EMPLOYEE ORGANIZATION WHICH HAS BEEN CERTIFIED BY THE

COMMISSIONER AS REPRESENTING THE EMPLOYEES OF THE BARGAINING
UNIT.

(9) "FACT-FINDING" MEANS IDENTIFICATION OF THE
MAJOR ISSUES IN A PARTICULAR IMPASSE, REVIEW OF THE