01.01.2008.02

EXECUTIVE ORDER 01.01.2008.02

Designation of Agency Representatives for Mid-Contract Negotiations

A. State law establishes a collective bargaining process which results in a written memorandum of understanding. During the time periods between ratified memoranda of understanding, the State maintains the obligation to negotiate changes that will substantially affect the working conditions of bargaining unit employees. Those issues are resolved through mid-contract negotiations pursuant to provisions in the negotiated memoranda of understanding.

B. Each Secretary or other agency head in the Executive Branch of State Government subject to collective bargaining pursuant to the Annotated Code of Maryland, State Personnel and Pensions Article, Section 3-102, or their respective designees, are hereby authorized in accordance with the Annotated Code of Maryland, State Personnel and Pensions Article, Section 3-501, to participate as parties during mid- contract negotiations regarding agency specific issues with the certified exclusive employee representatives.

C. Issues that may impact more than one agency and are not specific to an individual department or agency must be submitted to the Executive Director of the Office of Personnel Services and Benefits, Department of Budget and Management (Executive Director) for resolution with the certified exclusive employee representatives.

D. Any agreement arising from mid-contract negotiations that may result in a cost to the State or require the appropriation of funds is subject to the approval of the Secretary of Budget and Management.

E. Within 30 days of the effective date of this Order, the Secretaries of the principal departments and the heads of independent agencies in the Executive Branch of State Government shall forward the contact information for their designee, or, if they choose not to delegate this function, their own contact information, to the Executive Director. Within ten days of receiving that information, the Executive Director shall send the designee contact information to the head of any certified exclusive employee organization representing employees of that department or agency.

F. Designees shall serve as the representative of a principal department or agency for mid-contract negotiations at the pleasure of the Secretary or agency head. Should the Secretary or agency head revoke the designation, or if the designee leaves employment with the agency or department, the Secretary or agency head shall serve as the Department or agency representative until a new designee is identified to the Executive Director.

G. This Executive Order is not intended to and will not alter in any way the rights and obligations of the State collective bargaining process as established in State Personnel and Pensions Article, Section 3-501 and Section 3-502.

Effective date: January 14, 2008 (35:3 Md. R. 251)