Ch. 689

1997 LAWS OF MARYLAND

(2) "LABOR ORGANIZATION" DOES NOT INCLUDE ANY ORGANIZATION
THAT DISCRIMINATES BECAUSE OF AGE. RACE, COLOR SEX CREED HANDICAP OR
NATIONAL ORIGIN, WITH REGARD TO THE ACQUISITIONS OR RETENTION OF
MEMBERSHIP OR IN ACCEPTING OR ADVANCING MEMBERS IN ANY TRAINING,
APPRENTICESHIP OR EMPLOYMENT PROGRAM.

(K) "PROFESSIONAL EMPLOYEE" MEANS ANY EMPLOYEE ENGAGED IN WORK
WHICH IS PREDOMINATELY INTELLECTUAL AND VARIED IN CHARACTER AS OPPOSED TO
ROUTINE MENTAL MANUAL, MECHANICAL OR PHYSICAL WORK, WHICH INVOLVES THE
CONSISTENT EXERCISE OF DISCRETION AND JUDGMENT IN ITS PERFORMANCE OR IS OF
A CHARACTER THAT THE OUTPUT PRODUCED OR THE RESULT ACCOMPLISHED CANNOT
BE STANDARDIZED IN RELATION TO A GIVEN TIME PERIOD, AND WHICH REQUIRES
KNOWLEDGE OF AN ADVANCED TYPE IN A FIELD OF SCIENCE OR LEARNING
CUSTOMARILY ACQUIRED BY A PROLONGED COURSE OF SPECIALIZED INTELLECTUAL
INSTRUCTION AND A STUDY IN AN INSTITUTION OF HIGHER LEARNING AS
DISTINGUISHED FROM A GENERAL ACADEMIC EDUCATION OR FROM AN
APPRENTICESHIP OR FROM TRAINING IN THE PERFORMANCE OF ROUTINE MENTAL
MANUAL OR PHYSICAL PROCESSES

(L) "STRIKE" MEANS THE CONCERTED FAILURE OF COUNTY EMPLOYEES TO
REPORT FOR DUTY, THE WILLFUL ABSENCE OF COUNTY EMPLOYEES FROM THEIR
POSITIONS, THE STOPPAGE OR SLOWDOWN OF WORK OR THE ABSTINENCE IN WHOLE OR
IN PART FROM THE FULL FAITHFUL AND PROPER PERFORMANCE OF THE EMPLOYEES'
DUTIES OR IN ANY MANNER INTERFERING WITH THE OPERATION OF ANY PUBLIC
EMPLOYER WHERE THE OBJECT IS TO INDUCE, INFLUENCE, OR COERCE CHANGE OR
CONTINUATION IN THE TERMS CONDITIONS, RIGHTS, OR PRIVILEGES OF EMPLOYMENT.
OR TO FORCE OR REQUIRE THE COUNTY TO ADOPT ANY POLICY OR TAKE OR NOT TAKE
ANY COURSE OF ACTION

(M) "SUPERVISOR" MEANS AN INDIVIDUAL HAVING AUTHORITY, IN THE INTEREST
OF THE COUNTY, TO HIRE, TRANSFER SUSPEND, LAY OFF, RECALL PROMOTE,
DISCHARGE, ASSIGN, REWARD, OR DISCIPLINE COUNTY EMPLOYEES, OR RESPONSIBILITY
TO DIRECT THEM, OR TO EVALUATE THEIR PERFORMANCE, OR TO ADJUST THEIR
GRIEVANCES, OR EFFECTIVELY TO RECOMMEND SUCH ACTION, IF IN CONNECTION WITH
THE FOREGOING, THE EXERCISE OF AUTHORITY IS NOT MERELY ROUTINE OR CLERICAL
IN NATURE. BUT REQUIRES THE USE OF INDEPENDENT JUDGMENT.

1-903.

(A) (1) EMPLOYEES SHALL HAVE THE RIGHT TO SELF-ORGANIZE, TO FORM.
JOIN, OR ASSIST LABOR ORGANIZATIONS, TO BARGAIN COLLECTIVELY THROUGH
REPRESENTATIVES OF THEIR OWN CHOOSING, AND TO ENGAGE IN OTHER CONCERTED
ACTIVITIES FOR THE PURPOSE OF COLLECTIVE BARGAINING, AND SHALL ALSO HAVE
THE RIGHT TO REFRAIN FROM ANY OR ALL OF SUCH ACTIVITIES EXCEPT TO THE
EXTENT THAT SUCH RIGHT MAY BE AFFECTED BY AN AGREEMENT REQUIRING
MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT OR THE
PAYMENT OF A MONTHLY SERVICE CHARGE IN AN AMOUNT NOT TO EXCEED THE
REGULAR MONTHLY DUES PAID BY UNION EMPLOYEES TO SUCH LABOR ORGANIZATION
ASA CONTRIBUTION TOWARD THE ADMINISTRATION OF THE AGREEMENT.

- 3994 -