WILLIAM DONALD SCHAEFER, Governor

Ch. 10

10-203. EFFECT OF FAILURE TO APPEAL OR DECIDE.

(A)     FAILURE TO APPEAL.

IF A GRIEVANT FAILS TO APPEAL A DECISION IN ACCORDANCE WITH THIS
TITLE TO THE NEXT STEP IN THE GRIEVANCE PROCEEDING, THE GRIEVANT IS
CONSIDERED TO HAVE ACCEPTED THE DECISION.

(B)      FAILURE TO DECIDE.

IF A GRIEVANCE IS NOT DECIDED AT ANY STEP IN THE GRIEVANCE
PROCEEDING, THE GRIEVANCE IS CONSIDERED AS DENIED AND THE GRIEVANT
MAY APPEAL TO THE NEXT STEP.

REVISOR'S NOTE: This section is new language derived without substantive
change from the first and second sentences of former Art. 64A, § 55(e).

In subsection (a) of this section, the phrase "in accordance with this title" is
added for clarity.

In subsection (b) of this section, the reference to "decid[ing]" is substituted
for the former reference to "answer[ing]" for clarity.

Defined term: "Grievance" § 10-101

10-204. REPRESENTATION.

(A)     FOR GRIEVANT.

A GRIEVANT MAY BE REPRESENTED AT ANY TIME BY ANY PERSON THAT THE
GRIEVANT CHOOSES.

(B)      FOR EMPLOYER.

(1)      AN APPOINTING AUTHORITY AND THE HEAD OF EACH PRINCIPAL
DEPARTMENT OR OTHER INDEPENDENT UNIT MAY BE REPRESENTED AT ANY TIME
BY AN INDIVIDUAL DESIGNATED FOR THAT PURPOSE.

(2)      EACH DEPARTMENT OR UNIT HEAD SHALL SUBMIT TO THE
SECRETARY A LIST OF INDIVIDUALS DESIGNATED TO REPRESENT THE
DEPARTMENT OR UNIT HEAD AT EACH STAGE OF THE GRIEVANCE PROCEEDING.

REVISOR'S NOTE: Subsections (a) and (b)(2) of this section are new language
derived without substantive change from former Art. 64A, §§ 53(b) and 55(h).

Subsection (b)(1) of this section is new language added to state explicitly that
which was only implied in former Art. 64A, § 55(h) — i.e., representation is
allowed at any time. Correspondingly, the reference to an "appointing
authority" is added for clarity because a grievance is initiated with the
appointing authority or the appointing authority's designee.

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