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Ch. 427
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Martin O'Malley, Governor
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(E) (1) THE COMMISSION SHALL:
(I) DEVELOP AND SUBMIT A FORMAL PLAN OF ASSISTANCE
FOR EACH COMMISSION EMPLOYEE WHO WILL BE ADVERSELY AFFECTED BY THE SERVICE CONTRACT; AND
(II) BARGAIN IN GOOD FAITH WITH THE CERTIFIED
REPRESENTATIVE BEFORE ADOPTING A FINAL PLANT OF ASSISTANCE,
INCLUDING, IF NECESSARY, SUBMISSION OF THE MATTER TO
MEDIATION ARBITRATION UNDER § 2-112.1(L) OF THIS SUBTITLE PROVIDE NOT
LESS THAN 60 DAYS ADVANCE NOTICE AND MAINTAIN AT ALL TIMES A FORMAL
PLAN OF OUTPLACEMENT ASSISTANCE FOR EACH COMMISSION EMPLOYEE WHO
IS REPRESENTED BY A CERTIFIED REPRESENTATIVE AND WILL BE ADVERSELY
AFFECTED BY A SERVICE CONTRACT THAT IS SUBJECT TO THIS SECTION.
(2) THE PLAN DESCRIBED IN PARAGRAPH (1)(I) (1) OF THIS
SUBSECTION SHALL INCLUDE:
(I) EFFORTS TO TRANSFER OR PLACE EACH ADVERSELY
AFFECTED COMMISSION EMPLOYEE IN A VACANT COMMISSION POSITION THAT
THEY ARE QUALIFIED TO PERFORM;
(II) INCLUSION IN THE SERVICE CONTRACT OF A
REQUIREMENT THAT THE CONTRACTOR SHALL:
1. NOTIFY THE COMMISSION OF ANY VACANT
POSITION FOR WHICH DISPLACED COMMISSION EMPLOYEES MAY APPLY; AND
2. CONSIDER AND GIVE FIRST PREFERENCE TO
HIRING DISPLACED COMMISSION EMPLOYEES; AND
(III) WRITTEN NOTIFICATION OF THE ANTICIPATED
ADVERSE EFFECT ON ONE OR MORE JOB CLASSIFICATIONS TO EACH AFFECTED
COMMISSION EMPLOYEE AND THE CERTIFIED REPRESENTATIVE AT LEAST 120
90 CALENDAR DAYS BEFORE THE ANTICIPATED ADVERSE EFFECT WILL OCCUR.
(F) THE CERTIFIED REPRESENTATIVE OF AN ADVERSELY AFFECTED
COMMISSION EMPLOYEE MAY SUBMIT A PROPOSAL IN RESPONSE TO A
SOLICITATION, UNDER APPLICABLE PROCUREMENT REGULATIONS, TO HAVE
COMMISSION EMPLOYEES PERFORM FOR EXISTING BARGAINING UNIT
EMPLOYEES TO CONTINUE PERFORMING THE SERVICES DESCRIBED IN THE
SOLICITATION WHILE SUBSTANTIALLY ACHIEVING THE TARGETED SAVINGS.
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- 2567 -
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