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

2. (b)

   1. (1) “Adversely affect” means to:

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

         1. 1. authorized;
         2. 2. fully funded; and

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

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

      2. (ii) permanently and involuntarily reduce:

         1. 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. 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. 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. (2) “Adversely affect” does not include an action the Commission takes in accordance with:

      1. (i) a bona fide disciplinary proceeding;
      2. (ii) an applicable collective bargaining agreement in accordance with Subtitle 2 of this title; or
      3. (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.
3. (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.
4. (d) “Certified representative” means an employee organization certified as an exclusive representative in accordance with Subtitle 2 of this title.
5. (e) “Secretary-treasurer” means the secretary-treasurer of the Commission.
6. (f) “Service contract” means a procurement contract for services that will be provided to the Commission.

Added by Acts 2012, c. 426, § 2, eff. Oct. 1, 2012.