§ 16-401. Definitions.

   (a) In general. -- In this subtitle the following words have the meanings indicated.

** REVISOR'S NOTE
 
   This subsection formerly was Art. 28, § 2-112.2(a)(1).

** REVISOR'S NOTE
 
   The only change is in style.

(b) Adversely affect. --

   (1) "Adversely affect" means to:

      (i) eliminate more than two employee positions assigned to perform bargaining unit work if the positions are:

         1. authorized;

         2. fully funded; and

         3. A. vacant for less than 90 days; or

            B. occupied at the time the Commission solicits a service contract; or

      (ii) permanently and involuntarily reduce:

         1. below the number of hours for regular full-time employment for more than five employees currently assigned to a regular full-time work schedule to perform bargaining unit work when the Commission solicits a service contract;

         2. the pay grade for more than five employees currently assigned to a regular full-time work schedule to perform bargaining unit work when the Commission solicits a service contract; or

         3. the base pay or fringe benefits otherwise applicable to a job classification covering more than five employees currently assigned on a full-time basis to perform bargaining unit work when the Commission solicits a service contract.

   (2) "Adversely affect" does not include an action the Commission takes in accordance with:

      (i) a bona fide disciplinary proceeding;

      (ii) an applicable collective bargaining agreement in accordance with Subtitle 2 of this title; or

      (iii) a reallocation or reassignment to another bargaining unit work or other duties that does not result in a change in job classification or grade.

** REVISOR'S NOTE
 
   This subsection is new language derived without substantive change from former Art. 28, § 2-112.2(a)(2).

** REVISOR'S NOTE
 
   In paragraph (1)(i)3A of this subsection and throughout this subtitle, the former references to "calendar" days are deleted in light of Art. 1, § 36, which provides that any period exceeding 7 days is assumed to mean calendar days, not business days.

** DEFINED TERMS:
 

   "Bargaining unit work"                                              § 16-401
 
   ** DEFINED TERMS:
 
   "Commission"                                                        § 14-101
 
   ** DEFINED TERMS:
 
   "Service contract"                                                  § 16-401

**

(c) Bargaining unit work. -- "Bargaining unit work" means work duties assigned or allocated to a position occupied within the preceding 90 days by an employee who is represented by a certified representative.

REVISOR'S NOTE
 
   This subsection is new language derived without substantive change from former Art. 28, § 2-112.2(a)(3).

DEFINED TERM:
 

   "Certified representative"                                          § 16-401

**

(d) Certified representative. -- "Certified representative" means an employee organization certified as an exclusive representative in accordance with Subtitle 2 of this title.

REVISOR'S NOTE
 
   This subsection is new language derived without substantive change from former Art. 28, § 2-112.2(a)(4).

REVISOR'S NOTE
 
   The reference to an employee organization certified as "an exclusive representative" is substituted for the former reference to an employee organization certified as "the collective bargaining representative of Commission employees" for consistency with Subtitle 2 of this title and for brevity. **

(e) Secretary-treasurer. -- "Secretary-treasurer" means the secretary-treasurer of the Commission.

REVISOR'S NOTE
 
   This subsection formerly was Art. 28, § 2-112.2(a)(5).

REVISOR'S NOTE
 
   The only changes are in style.

"Commission"                                                           § 14-101

**

(f) Service contract. -- "Service contract" means a procurement contract for services that will be provided to the Commission.

REVISOR'S NOTE
 
   This subsection formerly was Art. 28, § 2-112.2(a)(6).

REVISOR'S NOTE
 
   No changes are made.

"Commission"                                                           § 14-101

HISTORY: An. Code 1957, art. 28, § 2-112.2(a)(1)-(6); 2012, ch. 426, § 2.