Section 3-208 - Use of employee information; confidentiality.
§ 3-208. Use of employee information; confidentiality.
(a) Disclosure of employee information to exclusive representative on request.- On written request of an exclusive representative, for each employee in the bargaining unit represented by the exclusive representative, the Department shall provide the exclusive representative with the employee's:
(1) name;
(2) position classification;
(3) unit;
(4) home and work site addresses where the employee receives interoffice or United States mail; and
(5) home and work site telephone numbers.
(b) Limitation on requests.- An exclusive representative may present a request for employee information, as provided under subsection (a) of this section, twice every calendar year.
(c) Confidentiality of employee information in general.- Names or lists of employees provided to the Board in connection with an election under this title are not subject to disclosure in accordance with Title 10, Subtitle 6 of the State Government Article.
(d) Notification of request and denial by employee.-
(1) Thirty days before providing an employee's name, addresses, telephone numbers, and work information to an exclusive representative, the employer shall notify the employee of the provisions of this section.
(2) The employee may, within 15 days of the employer's notice under paragraph (1) of this subsection, notify the employer that the employee does not want the employee's name, addresses, telephone numbers, or work information to be provided to an exclusive representative.
(3) If an employee provides timely notification to the employer under paragraph (2) of this subsection, the employer may not provide the employee's name, addresses, telephone numbers, or work information.
(4) The notification of an employee to the employer under paragraph (2) of this subsection shall remain in effect until the employee otherwise notifies the employer.
(e) Incumbent representative prohibited from making request.- An incumbent exclusive representative for a bargaining unit that is the subject of an election under § 3-405 of this title may not request or receive any employee information as provided under subsections (a) and (b) of this section.
(f) Fees.- An employer may charge an exclusive representative a fee not to exceed the actual cost of providing a list of employees' names, addresses, telephone numbers, and work information to the exclusive representative.
(g) Confidentiality of information provided to exclusive representative; permitted use of informtion.-
(1) Except as provided in paragraph (2) of this subsection, an exclusive representative shall consider the information that it receives under this section as confidential and may not release the information to any person.
(2) An exclusive representative may authorize third party contractors to use the information that it receives under this section, as directed by the exclusive representative, to carry out the exclusive representative's statutory duties under this title.
(h) Prohibited and permitted uses of information by exclusive representative.-
(1) An exclusive representative may not use the information that it receives under this section for the purpose of increasing employee membership in an employee organization.
(2) An exclusive representative may use the information that it receives under this section only to carry out its statutory duties under this title.
[1999, ch. 298, § 2; 2006, ch. 62; 2007, ch. 634.]