Ch. 246

LAWS OF MARYLAND

(d)  Step Three. In the case of any still unresolved
grievance between an employee and the University CONSTITUENT
INSTITUTION, the aggrieved employee, after exhausting all
available procedures provided by the University 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
University 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
University 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.

13-1A-04.

A decision may not be made at any step of the grievance
procedure that conflicts with or modifies a policy approved by
the Board of Regents of the University or with any applicable
statute or with any administrative regulation issued under
appropriate statutory authority or that otherwise delimits the
lawfully delegated authority of University officials unless prior
approval has been obtained from the responsible official.

13-1A-05.

(a) Within 5 days from the date on which the employee
receives the charges for removal as evidenced by the return
receipt or other evidence of delivery of the charges to the
employee an employee who is suspended under charges for removal
may request an opportunity to be heard in his own defense.
Within 30 days if possible after receipt, the [President]
CHANCELLOR or the [President's] CHANCELLOR'S designated
representative shall investigate the charges and give the
employee an opportunity to be heard. Testimony shall be taken
under oath and both the department head or chairman or designee
and the employee has the right of representation by counsel and
the right to present witnesses and give evidence. Within 15 days
following the conclusion of the conference, the written decision

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