(a) Appropriate unit means a group of employees for whom a labor
organization may be certified as the exclusive bargaining representative
pursuant to Section 13A-106.
(b) Board means the Prince George's County Public Employee Relations Board created
by Section 13A-104 of this law or any of the three Panels acting as components
of the Board pursuant to Section 13A-104. The term Panel shall always be co-joined
by the words Representation Matters, Unfair Labor Practices or Impasse which
on their face describe respectively the prime responsibility of each Panel of
the Board. The duties of the Panel on Representation Matters are set forth in
Sections 13A-105, 106, and 107, the duties of the Unfair Labor Practices Panel
in Sections 13A-110, 113, 114, and 115 and the Impasse Panel in Sections 13A-111
(c) Certification means official recognition by the Prince George's County Public
Employee Relations Board that a labor organization is, and shall remain, the
exclusive representative for all of the employees in an appropriate bargaining
unit for the purpose of collective bargaining, until it is replaced by another
labor organization, decertified, or dissolves.
(d) Charter means the Prince George's County Charter adopted on November 3, 1970.
(e) County means the Prince George's County, Maryland.
(f) County Council means the legislative branch of the County Government.
(g) Employee means any person whose salary and/or job description is determined
in whole or in part by the County, but shall not include elected officials, management
level employees, confidential employees, and officials appointed pursuant to
law to a policy-making position. An individual shall continue to be an employee within the meaning of this law even if his work has ceased as a consequence of,
or in connection with, any unfair labor practice. In addition, the term employee
shall include also such individuals to whom the coverage of this law is extended
pursuant to Section 13A-116 herein.
(h) Employer means the County Executive and any individual who represents him
or acts in his interests in dealing with employees, or any governmental body
operating within the County which elects to have the definition of employee contained
in Section 13A-102(g) herein extended to include its employees pursuant to Section
13A-116 herein, or any person acting as an agent of said governmental body.
(i) Impartial agency means any of the following or other similar organizations:
The American Arbitration Association, The Federal Mediation and Conciliation
Service, The Maryland State Department of Labor and Industry, The National Center
for Dispute Settlement, and The U.S. Department of Labor.
(j) Labor organization means any labor union or other organization in which employees
participate and which has as one of its purposes the representation of employees
concerning wages, hours, or other terms and conditions of employment, but shall
not include any organization which unlawfully engages in discrimination with
regard to race, color, religion, sex, age, or national origin.
(k) Management level employee means any individual who is involved directly in
the determination of policy or who responsibly directs the implementation thereof.
(l) Person includes one or more individuals, labor organizations, employers,
employees, partnerships, associations, corporations, legal representatives, trustees,
trustees in bankruptcy, or receivers.
(m) Professional employee means any employee whose work:
(1) Is predominantly intellectual and varied in character as opposed
to routine mental, manual, mechanical, or physical work;
(2) Requires consistent exercise of discretion and judgment;
(3) Is of such a character that the output produced or the result accomplished
cannot be standardized in relation to a given time period; and
(4) Which requires
knowledge of an advanced type in a field of science or learning customarily
acquired by a prolonged course of specialized
and study in an institution of higher learning or a hospital, as distinguished
from a general academic education or from an apprenticeship or from training
in the performance of routine mental, manual, or physical processes.
(n) Strike means the failure by concerted action with others to
report for duty, the willful absence from one's position, the
stoppage of work, or the
in whole or in part from the full, faithful, and proper performance of
the duties of employment, or in any manner interfering with the
employer, for the purpose of inducing, influencing, or coercing a change
in the conditions or compensation or the rights, privileges, or obligations
(o) Supervisor means any individual having authority, in the interest of
the employer, to hire, transfer, suspend, lay off, recall, promote, discharge,
assign, reward, or discipline other employees; or responsibly to direct
them; or to adjust
their grievances; or effectively recommend such action, if, in connection
the foregoing, the exercise of such authority is not of a merely routine
or clerical nature, but requires the use of independent judgment; provided,
the exercise of any single function of authority enumerated above shall
not necessarily require the conclusion that the individual so exercising
function is a supervisor
within the meaning of this law.
Editor's Note: Courts and Judicial Proceedings Article, Section 2-309(r)(7),
states that all non-probationary commissioned full-time employees of
the sheriff's office, including deputy sheriffs, are subject to the
County Labor Code with regard to collective bargaining for compensation,
including pension and other fringe benefits.