§ 16-401

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

(b) (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.

(c) “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.

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

(e) “Secretary–treasurer” means the secretary–treasurer of the Commission.

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