BLAIR LIE III, Acting Governor

2919

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.

(10) "GRIEVANCE" MEANS A DISPUTE CONCERNING THE
APPLICATION OR INTERPRETATION OF THE TERMS OF AN AGREEMENT.

(11) "IMPASSE" MEANS FAILURE OF THE PUBLIC

EMPLOYEE AND AN EXCLUSIVE REPRESENTATIVE TO ACHIEVE

AGREEMENT IN THE COURSE OF COLLECTIVE BARGAINING.

(12) "MEDIATION" MEANS ASSISTANCE BY AN
IMPARTIAL THIRD PARTY TO RECONCILE A DISPUTE ARISING OUT OF

COLLECTIVE BARGAINING THROUGH INTERPRETATION, SUGGESTION,

AND ADVICE.

(13) "PROFESSIONAL EMPLOYEE" MEANS A PUBLIC

EMPLOYEE WHOSE WORK IS PREDOMINANTLY NONROUTINE AND

INTELLECTUAL IN CHARACTER AND WHO IS EMPLOYED TO TEACH OR
SENDER PROFESSIONAL SERVICES AT LEAST EQUIVALENT TO 12
SEMESTER HOURS PES SEMESTER.

(14) "PUBLIC EMPLOYEE" MEANS AN EMPLOYEE

EMPLOYED BY THE PUBLIC EMPLOYER EXCEPT:

(I) EMPLOYEES INVOLVED DIRECTLY IN THE
DETERMINATION OF POLICY:

(II)   SUPERVISORY OR CONFIDENTIAL

EMPLOYEES; AND

(III)  STUDENT ASSISTANTS.

(15) "PUBLIC EMPLOYER" MEANS THE BOARD OF

TRUSTEES OF MONTGOMERY COMMUNITY COLLEGE.

(16) "STRIKE" MEANS A PUBLIC EMPLOYEE'S REFUSAL,
IN CONCERTED ACTION WITH OTHERS, TO REPORT FOR DUTY, OR
WILLFULL 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 A PUBLIC

EMPLOYEE HAVING AUTHORITY IN THE INTEREST OF THE EMPLOYER:

(I) TO HIRE, TRANSFER, SUSPEND, LAY OFF, RECALL, PROMOTE,
DISCHARGE, ASSIGN, REWARD, OR DISCIPLINE OTHER EMPLOYEES; OR

(II) TO DIRECT EMPLOYEES RESPONSIBLY; OR (III) TO ADJUST

EMPLOYEE GRIEVANCES; OR (IV) TO___RECOMMEND EFFECTIVELY THE

ACTION, SET FORTH IN SUBPARAGRAPHS (I), (II) OR (III) OF

THIS PARAGRAPH, IF THE EXERCISE OF THIS AUTHORITY IS NOT

MERELY OF A ROUTINE OR CLERICAL NATURE, BUT REQUIRES THE

EXERCISE OF INDEPENDENT JUDGMENT. DEPARTMENT CHAIRMEN MAY

NOT BE CONSIDERED SUPERVISORY EMPLOYEES FOR THE PURPOSES OF

THIS SECTION, UNLESS THE DEPARTMENT CHAIRMEN CLEARLY PERFORM
THE FUNCTIONS IN THIS PARAGRAPH.