WILLIAM DONALD SCHAEFER, Governor

Ch. 561

(2)      WITHIN 10 BUSINESS DAYS AFTER THE ALLEGED VIOLATION, THE
PARTY CHARGING AN UNFAIR LABOR PRACTICE SHALL SUBMIT THE CHARGE IN
WRITING TO THE PARTY ALLEGED TO HAVE COMMITTED THE UNFAIR LABOR
PRACTICE.

(3) WITHIN 5 DAYS AFTER AN UNFAIR LABOR PRACTICE CHARGE IS
SUBMITTED, THE COMMISSION AND EMPLOYEE ORGANIZATION SHALL SELECT
FROM A LIST SUPPLIED BY THE AMERICAN ARBITRATION ASSOCIATION OR THE
FEDERAL MEDIATION AND CONSOLIDATION SERVICE AN IMPARTIAL 3RD PARTY TO
INVESTIGATE THE CHARGE, HOLD HEARINGS, AND DECIDE WHETHER AN UNFAIR
LABOR PRACTICE HAS OCCURRED.

(4)      THE IMPARTIAL 3RD PARTY:

(I) SHALL ISSUE A FINDING OF FACTS AND CONCLUSION OF LAW;

(II) MAY ORDER THE PARTY CHARGED WITH THE UNFAIR LABOR
PRACTICE TO CEASE AND DESIST FROM THE PROHIBITED PRACTICE; AND

(III) MAY ORDER AFFIRMATIVE ACTS THAT WILL REMEDY THE
VIOLATION OF THIS SECTION.

(5) IF THE IMPARTIAL 3RD PARTY FINDS THAT THE PARTY CHARGED
WITH THE UNFAIR LABOR PRACTICE HAS NOT COMMITTED ANY PROHIBITED
PRACTICE, THE IMPARTIAL 3RD PARTY SHALL ISSUE AN ORDER DISMISSING THE
CHARGES.

(6) THE COMMISSION AND EMPLOYEE ORGANIZATION SHALL SHARE
EQUALLY THE COST OF ANY UNFAIR LABOR PRACTICE PROCEEDING.

2-112.1.

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

(2)      "CONFIDENTIAL EMPLOYEE" MEANS AN EMPLOYEE WHO ASSISTS
OR ACTS IN A CONFIDENTIAL CAPACITY WITH RESPECT TO AN INDIVIDUAL WHO
FORMULATES, DETERMINES, OR EFFECTUATES MANAGEMENT POLICIES IN THE
FIELD OF LABOR-MANAGEMENT RELATIONS.

(3)      "PROBATIONARY EMPLOYEE" MEANS A CAREER MERIT SYSTEM
EMPLOYEE DURING THE PENDENCY OF THE EMPLOYEE'S INITIAL PROBATIONARY
PERIOD FOLLOWING EMPLOYMENT.

(B)      THE RIGHTS GRANTED TO COMMISSION MERIT SYSTEM EMPLOYEES
UNDER THIS SECTION DO NOT APPLY TO:

(1)      ATTORNEYS IN THE GENERAL COUNSEL'S OFFICE;

(2)      CONFIDENTIAL EMPLOYEES;

(3)      EMPLOYEES WHO ARE AT GRADE 20 OR ABOVE;

(4)      PARK POLICE OFFICERS;

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