Ch. 10

1993 LAWS OF MARYLAND

Subsection (c)(2) of this section is revised to clarify that an arbitrator is
selected "through the American Arbitration Association". The Secretary
requests the Association to furnish an arbitrator. See COMAR
06.01.01.56C(3)(b).

Subsection (d)(2) of this section is revised to apply to a final decision issued
after either a hearing or an arbitration, for clarity and consistency.

Defined terms: "Grievance" § 10-101
"Position" § 1-101
"Secretary" § 1-101

10-210. BACK PAY AWARDS.

(A)     IN GENERAL.

THE SECRETARY MAY ORDER AN APPOINTING AUTHORITY TO GRANT BACK
PAY IN ANY GRIEVANCE PROCEEDING.

(B)     RECLASSIFICATION GRIEVANCE.

IN A RECLASSIFICATION GRIEVANCE PROCEEDING IN WHICH THE SECRETARY
DETERMINES THAT THE GRIEVANT IS WORKING OUTSIDE OF CLASSIFICATION OR IN
A POSITION THAT IS IMPROPERLY CLASSIFIED, THE SECRETARY, IN THE
SECRETARY'S DISCRETION, MAY ORDER BACK PAY FOR A PERIOD NOT EXCEEDING
1 YEAR BEFORE THE GRIEVANCE PROCEEDING WAS INITIATED.

(C)     ORDER TO BE ENFORCED.

THE APPOINTING AUTHORITY SHALL CARRY OUT A BACK PAY ORDER ISSUED
UNDER THIS SECTION.

REVISOR'S NOTE: This section is new language derived without substantive.
change from former Art. 64A, § 54(b) and (d).

In subsection (b) of this section, the former reference to the "authorized
representative" of the Secretary is deleted as unnecessary in light of the
authority to delegate provided by §§ 2-301 and 10-204 of this article.

See § 14-104 regarding the satisfaction of awards.                         

Defined terms: "Appointing authority" § 1-101
"Grievance" § 10-101.
"Position" § 1-101
"Secretary" § 1-101

SUBTITLE 3. MISCELLANEOUS PROVISIONS,

10-301. RECORDS.

ON CONCLUSION OF EACH STEP OF A GRIEVANCE PROCEEDING, A COPY OF
THE GRIEVANCE AND ITS DISPOSITION SHALL BE GIVEN TO THE GRIEVANT OR
GRIEVANT'S REPRESENTATIVE OR BOTH. .

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