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Minutes
and Reports—SLRB
1. Opening and
welcome
Sherry Mason, Senior Board
Member, welcomed Board and staff to the
meeting.
2. Introduction
of two new Board members: Homer La Rue &
Susie Jablinske
Ms. Mason introduced Homer La
Rue, and Susie Jablinske, new Board
members, and thanked them for their
upcoming service.
3. Approval of
minutes of January 31, 2008
Ms. Mason asked for comment or
motions regarding the minutes of the
last Board meeting:
Motion to approve minutes of
January 31, 2008: Laird Patterson
Second: Susie Jablinske
All membership in favor, minutes
were adopted.
4. Board Chairman’s
report: The Chair reports on various
matters as necessary.
Ms. Mason noted the absence of
Interim Chair, Allen Siegel, who is
currently quite ill and hospitalized in
Washington, D.C.. Ms. Mason wished Mr.
Siegel good health and a speedy recovery
on the record, on behalf of the Board
and staff.
5. Executive
Director’s report
Ms. Snipes introduced Assistant
Attorney General Jonathan Krasnoff from
the Department of Labor, Licensing, and
Regulation, that was filling in with the
Board today after former Counsel Sonya
Spielberg had left her former AAG
position. Ms. Snipes indicated that
more than 10 resumes had already been
submitted regarding the position of the
AAG for the Boards, and that Deputy
Attorney General, J.P. Howard, would be
participating in the interview and
hiring process. Ms. Snipes indicated
that she would advise the Board when and
if someone was hired to fill the AAG
position for the Board.
C. Updates on
any Board activity/testimony in MD
legislature for 2008
session
Ms. Snipes gave an update on a
variety of bills proposed during the
2008 legislative session, including two
bills (on before house and one before
senate) dealing with the Administrative
Procedures Act and the standards for
judicial review undertaken by an
appellate court when reviewing
administrative agency decisions, a bill
(cross-filed in both senate and house)
that would assist the Board in enforcing
its decisions and orders against the
state in an appellate proceeding, a bill
seeking to add adjunct faculty and
graduate assistants to the jurisdiction
of the Higher Education Labor Relations
Board, which shares a staff with the
State Labor Relations Board, and finally
a bill proposing the creation of a
Public School Labor Relations Board.
Ms. Snipes indicated to the Board that
among these proposals, only the bills
relating to the Administrative
Procedures Act has passed, in
substantially amended fashion, creating
a task force to study whether the
standards of judicial review regarding
administrative agency decisions need to
be amended.
AAG Krasnoff noted in particular that
the issue under these bills that would
affect the State Labor Relations Board,
was that the review of decisions
regarding employee discipline and
termination would be scrutinized, and
since this Board deals with cases about
employee discipline and termination
under allegations of unfair labor
practices, review of Board decisions
could be affected if an amendment to the
standards of judicial review was
recommended by the task force.
Correction: June 27, 2008
Upon further research and discovery, the
house and senate bills that Ms. Snipes
noted had passed at the meeting on June
24, 2008 (HB 398 and SB 265), in fact
did not pass. As per Bruce Martin, at
the Attorney General’s Office, in an
electronic message from him to Jonathan
Krasnoff, AAG, on June 26, 2008:
There is a difference between "passed"
and "enacted". The exact same bill must
pass both
houses and signed by the Governor for it to be
enacted. If a bill passes both houses
but
there are differences they must be resolved
before the Legislature adjourns. That
did not
happen with regard to SB 265. A conference
committee was appointed by the Senate
but not
by the House. Since no conference committee was
appointed, no agreement could be
reached,
so the bills died. As for HB 398, it passed the
House but not the Senate.
D. Board Website
Redesign
Ms. Snipes indicated that the
Board Website redesign was very close to
being ready for live publication, at:
www.laborrelations.maryland.gov.
She indicated that it would be more user
friendly and hoped that the Board
members and the public would appreciate
using it.
Continuing Business—SLRB
6.
Regulations
* SLRB
Proposed Regulations
Ms. Mason noted that the
regulations available at this meeting
were published in the MD Register on
3/14/08 and were eligible for final
adoption on Monday, April 28, 2008. Ms.
Mason sought motions for consideration
of these regulations for final
adoption.
Motion to approve final
adoption: Homer La Rue.
Second: Laird Patterson
All approve, motion carries, proposed
regulations are adopted as final.
Ms. Mason indicated that at past
meetings there had been discussion of a
possible addition to Board regulations
at what would be a newly created
14.32.08, but that this possible
addition will be tabled by the Board for
further staff work and review.
7. Announcement
of administrative determinations or
Board decisions and orders, as
appropriate:
SLRB Case 08-U-05 has been delegated to
the Office of Administrative Hearings
(OAH) and the Board will await a
recommended ruling from the ALJ on that
matter, followed by an
exceptions/response period. After that
time, the Board will make a final
decision on this matter.
SLRB Case 08-U-06 has been
delegated to the Office of
Administrative Hearings (OAH) and the
Board will await a recommended ruling
from the ALJ on that matter, followed by
an exceptions/ response period. After
that time, the Board will make a final
decision on this matter. Ms. Mason
noted that the respondent in this case,
AFSCME, has made arguments for the Board
to revoke this delegation, and
complainant MCEA has responded that the
delegation is appropriate and the case
should remain at OAH. Ms. Mason stated
that the Board will review these
arguments and communicate with the
parties on this matter as appropriate.
8. Issues arising
from the elections, negotiations,
investigations, and cases pending before
OAH:
Ms. Mason indicated that there
was nothing to announce at this time.
9. New Business proposed
by members of the Boards or staff.
Ms. Mason asked the Board members
and staff if there was anything new to
discuss. Board membership and staff
indicated that there was not.
10. Meeting calendar
SLRB Proposed meeting
calendar: the following dates are
proposed by staff
Thursday,
September 18, 2008
Thursday,
December 4, 2008
Ms. Mason indicated that
these meeting dates would be accepted as
proposals only, and that as we get
closer to the dates, to watch for
meeting announcements on the Board
website.
Public comment.
Individuals may sign up to present
comment on Board business, except
matters filed as cases, and may present
comments for up to 3 minutes. The Board
particularly cautions speakers against
commenting in any manner on cases to be
heard by the Board after the conclusion
of this meeting. Individuals who wish
to speak to the proposed regulation
should provide the Board with written
copies of their comments.
As there were no members of the
public present at this meeting, there
were no comments.
11. Adjournment
Motion to Adjourn: Laird
Patterson
Second: Unanimous
Meeting Adjourned at approximately
10:40am.
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