Maryland State Statutes - Maryland Attorney Directory

(2) "Confidential employee" means an employee who assists or acts in a confidential capacity with respect to an individual who formulates, determines, or effectuates management policies in the field of labor-management relations.

(3) "Probationary employee" means a Commission merit system employee during the pendency of the employee's initial probationary period following employment.

(b) The rights granted to Commission merit system employees under this section do not apply to:

(1) Attorneys in the General Counsel's office;

(2) Confidential employees;

(3) Probationary employees; or

(4) Supervisors, as defined in § 2(11) of the National Labor Relations Act.

(i) The office/professional/technical unit that includes:

1. Office classification titles in which employees are responsible for internal and external communications, recording and retrieving information, and paperwork required in an office;

2. Professional classification titles which employees have, special or theoretical knowledge that usually is acquired through college training, other training that provides comparable knowledge, or work experience;

3. Paraprofessional classification titles in which employees perform, in a supportive role, some of the duties of a professional or technician but that usually require less formal training or experience than those duties performed by those with professional or technical status; and

4. Technical classification titles in which employees have a combination of basic scientific or technical knowledge and manual skill that is usually acquired through specialized postsecondary school education or through equivalent on-the-job training; and

(ii) The service/labor/trade unit that includes:

1. Classification titles in which employees perform service and maintenance and may operate specialized machinery or heavy equipment and whose duties contribute to the comfort and convenience of the public or to the upkeep and care of Commission buildings, facilities, or grounds; and

2. Classification titles in which employees are required to have a special manual skill and thorough knowledge of processes that are acquired through on-the-job training, experience, apprenticeship, or other formal training programs.

(2) Where a single employee organization is certified to represent more than one bargaining unit, the Commission shall negotiate a single contract with that organization covering all employees the organization represents.

(d) (1) The Commission shall recognize the right of an employee organization, certified under this section as the exclusive representative of a bargaining unit, to represent the employees of the bargaining unit in collective bargaining and in the settlement of grievances.

(2) An employee organization certified as exclusive representative of a bargaining unit shall:

(i) Serve as the sole bargaining agent for the unit in collective bargaining; and

(ii) Represent all employees in the bargaining unit fairly, without discrimination, and without regard to whether an employee is a member of the employee organization.

(3) An employee organization meets the requirements of paragraph (2)(ii) of this subsection as long as its actions with respect to employees who are members of the employee organization and employees who are not members of the employee organization are not arbitrary, discriminatory, or in bad faith.

(e) (1) After a public hearing, the Commission shall appoint an experienced neutral third party to serve as labor relations administrator for 1 year.

(2) After the term for the neutral third party appointed under paragraph (1) of this subsection expires, the exclusive representative or representatives and the Commission shall appoint, from a list of five nominees whom they have agreed upon, a labor relations administrator for a term of 5 years.

(3) After the term for the neutral third party appointed under paragraph (1) of this subsection expires and after a public hearing on the appointment, if no exclusive representative has been certified under this section, the Commission shall appoint the next labor relations administrator for a term not exceeding 1 year.

(4) A labor relations administrator is eligible for reappointment.

(f) (1) An employee organization that is certified or that seeks certification as an exclusive representative under this section shall submit to the labor relations administrator:

(i) A copy of the employee organization's constitution and bylaws; and

(ii) Any changes in the constitution or bylaws.

(2) The constitution or bylaws shall include:

(i) A pledge that the employee organization accepts members without regard to age, marital status, national origin, race, religion, disabilities, sexual orientation, or gender;

(ii) The right of members to participate in the affairs of the employee organization;

(iii) Procedures for periodic elections for officers by secret ballot;

(iv) Fair procedures governing disciplinary actions;

(v) Procedures for the accurate accounting of all income and expenditures;

(vi) A requirement that a certified annual financial report be produced; and

(vii) The right of members to inspect the organization's accounts.

(g) (1) The labor relations administrator shall conduct an election for an exclusive representative after:

(i) An employee organization demonstrates, by petition, that at least 30 percent of the eligible employees in a bargaining unit support representation by an exclusive representative for collective bargaining; or

(ii) An employee or an employee organization demonstrates, by petition, that at least 30 percent of the eligible employees in a bargaining unit no longer support the current exclusive representative.

(2) (i) At least 30 days prior to an election under paragraph (1) of this subsection, the labor relations administrator shall obtain from the Commission and provide to the employee organization a list of the names, home addresses, and telephone numbers of every employee in the bargaining unit.

(ii) The provision of a list under this paragraph by the Commission, the labor relations administrator, or any Commission officials, employees, or other agents does not constitute a violation of § 10-617(e) of the State Government Article or any State or local law, statute, regulation, or ordinance.

(3) Elections shall be conducted by secret ballot.

(4) The ballot shall contain:

(i) The name of each employee organization that submits a valid petition requiring an election;

(ii) The name of any other employee organization supported by a petition signed by at least 10 percent of the eligible employees in the bargaining unit; and

(iii) An option for no representation.

(5) (i) If none of the choices on the ballot receives a majority of the votes cast, the labor relations administrator shall hold a runoff election.

(ii) In the runoff election, the ballot shall contain the two choices that received the highest number of votes in the initial election.

(6) After the election, the labor relations administrator shall certify the appropriate employee organization as the exclusive representative.

(7) The Commission and the employee organization shall share equally the costs of the election procedures.

(h) (1) Elections may not be conducted:

(i) Within 1 year from the date of a valid election under this section; or

(ii) Except as provided in paragraph (2) of this subsection, during the term of a collective bargaining agreement.

(2) During the term of a collective bargaining agreement, a petition for an election may be filed only during November of the fiscal year in which the agreement expires.

(i) (1) If the Commission and an employee organization dispute the eligibility of an employee in a bargaining unit, the dispute shall be submitted to the labor relations administrator.

(2) The labor relations administrator shall hold evidentiary hearings at which the Commission and interested employee organizations shall have the opportunity to present testimony, documentary and other evidence, and arguments.

(3) The decision of the labor relations administrator is final.

(4) The Commission and the employee organization shall share equally the costs of the hearings.

(j) (1) The Commission and an employee organization certified as exclusive representative shall meet and engage in collective bargaining in good faith in regard to the following subjects of bargaining:

(i) Salary and wages, including the percentage of the increase in the salary and wages budget that will be devoted to merit increments and cash awards, provided that salaries and wages shall be uniform for all employees in the same classification;

(ii) Pension and other retirement benefits for active employees;

(iii) Employee benefits such as insurance, leave, holidays, and vacations;

(iv) Hours and working conditions;

(v) Provisions for the orderly processing and settlement of grievances concerning the interpretation and implementation of a collective bargaining agreement that may include:

1. Binding third party arbitration, provided that:

A. The Commission and the employee organization share the costs of binding arbitration equally; and

B. The arbitrator has no authority to amend, add to, or subtract from the provisions of the collective bargaining agreement; and

2. Provisions for the exclusivity of forum;

(vi) Matters affecting the health and safety of employees; and

(vii) The effect of the exercise of the Commission's rights and responsibilities under subsection (q) of this section on employees.

(2) This subsection does not require the Commission or the employee organization to agree to any proposal or to make any concession.

(3) (i) The Commission and an employee organization certified as exclusive representative:

1. May not begin to engage in collective bargaining later than September 1 before the beginning of a fiscal year for which an agreement has not been reached; and

2. Shall complete collective bargaining on or before the following February 1.

(ii) During the period set forth in subparagraph (i) of this paragraph, the parties shall negotiate in good faith.

(k) (1) If a party considers a bargaining proposal to contravene the rights and responsibilities of the Commission under subsection (s) of this section or to otherwise violate this section, the party shall petition the labor relations administrator for a determination of whether the bargaining proposal constitutes a negotiability dispute that contravenes this section.

(2) The procedure for resolving a negotiability dispute shall follow the procedure for reviewing unfair labor practice charges, except that the labor relations administrator may shorten the time periods or order any expedited procedure appropriate under the circumstances.

(3) The labor relations administrator may order a party to withdraw all or part of a bargaining proposal that contravenes this section.

(4) Unless appealed on this basis of being arbitrary, capricious, or exceeding the authority of a party, any decision and order reached under this subsection is final.

(l) (1) (i) If the parties have not reached an agreement on or before December 1 on a collective bargaining agreement that would become effective the following July 1, the parties shall jointly appoint a mediator-arbitrator.

(ii) If the parties are unable to agree on a mediator-arbitrator, the labor relations administrator shall name the mediator-arbitrator on or before December 7.

(iii) Notwithstanding appointment of the mediator-arbitrator, nothing in this subsection shall require commencement of mediation-arbitration prior to the date set forth in paragraph (3) of this subsection.

(2) During the course of the collective bargaining either party may declare an impasse and request the services of the mediator-arbitrator, or the parties may jointly request the services of a mediator-arbitrator before an impasse is declared.

(3) If the mediator-arbitrator finds in the mediator-arbitrator's sole discretion that the parties are at a bona fide impasse or on February 1, whichever occurs earlier, the mediator-arbitrator shall direct the parties to submit:

(i) A joint memorandum listing all items to which the parties previously agreed; and

(ii) A separate memorandum of the party's last final offer presented in negotiations on all items to which the parties did not previously agree.

(4) (i) On or before February 10, the mediator-arbitrator shall hold a nonpublic hearing on the parties' proposals at a time, date, and place selected by the mediator-arbitrator.

(ii) Each party shall submit evidence or make oral and written argument in support of the party's last final offer.

(iii) The mediator-arbitrator may not open the hearing to a person who is not a party to the mediation-arbitration.

(5) (i) On or before February 15, the mediator-arbitrator shall issue a report selecting between the final offers submitted by the parties, exclusive of wages, that the mediator-arbitrator determines to be more reasonable, viewed as a whole.

(ii) In determining the more reasonable offer, the mediator-arbitrator may consider only the following factors:

1. Past collective bargaining contracts between the parties, including the past bargaining history that led to the agreement or the precollective bargaining history of employee hours, benefits, and other working conditions;

2. A comparison of hours, benefits, and conditions of employment of similar employees of other public employers in the Washington Metropolitan Area and in the State;

3. A comparison of hours, benefits, and conditions of employment of similar employees of private employers in Montgomery County;

4. The public interest and welfare;

5. The ability of the employer to finance any economic adjustments required under the proposed agreement;

6. The effects of any economic adjustments on the standard of public services normally provided by the employer; and

7. The annual increase or decrease in consumer prices for all items as reflected in the most recent Consumer Price Index - Wage Earners and Clerical Workers ("CPI-W") for the Washington-Baltimore Metropolitan Area.

(iii) In determining the most reasonable offer, the mediator-arbitrator shall consider to be integrated with each offer all items on which the parties agreed prior to the mediation-arbitration.

(iv) The mediator-arbitrator may not receive or consider the history of collective bargaining relating to the immediate dispute, including any offers of settlement not contained in the offer submitted to the mediator-arbitrator.

(6) The mediator-arbitrator may not compromise or alter the final offer that the mediator-arbitrator selects.

(7) (i) 1. Subject to sub-subparagraph 2 of this subparagraph, without ratification by the parties, the offer selected by the mediator-arbitrator, as integrated with the items on which the parties previously agreed, shall be the final agreement between the Commission and the exclusive representative.

2. The economic provisions of the final agreement are subject to funding by the Housing Opportunities Commission of Montgomery County.

3. The Commission shall appropriate funds in the Commission's final budget for all economic provisions of the final agreement.

(ii) The parties shall execute an agreement incorporating the final agreement, including arbitration awards and all issues agreed to under this section.

(8) The Commission and the employee organization shall share equally in paying the costs of the arbitrator's services.

(m) (1) A mediator may be used in the collective bargaining process whenever:

(i) The Commission and the employee organization agree to mediation; or

(ii) An impasse results, and the Commission or the employee organization requests mediation.

(2) (i) The mediator shall be mutually selected by the Commission and the employee organization from a list supplied by the American Arbitration Association or the Federal Mediation and Conciliation Service.

(ii) If the Commission and the employee organization are unable to mutually agree on the selection of a mediator, the labor relations administrator shall select the mediator.

(3) The Commission and the employee organization shall share equally the costs of mediation.

(n) (1) The Commission and an employee organization certified as exclusive representative of a bargaining unit shall execute a collective bargaining agreement incorporating all matters of agreement on wages, hours, and other terms and conditions of employment.

(2) If a collective bargaining agreement provides for a grievance procedure, that grievance procedure shall be the sole procedure for employees in the bargaining unit.

(3) The collective bargaining agreement may include an agency shop or other union security provision.

(4) The collective bargaining agreement supersedes any conflicting regulation or administrative policy of the Commission.

(5) A single year or multiple-year collective bargaining agreement shall expire at the close of the appropriate fiscal year.

(6) A collective bargaining agreement shall be effective upon the approval of the Commission and the membership of the union representing the bargaining unit.

(o) (1) The Commission shall include in its annual proposed operating budget adequate funding to carry out a collective bargaining agreement.

(2) Unless the Commission's budget is funded adequately so as to implement the terms of the collective bargaining agreement, the Commission and the employee organization, within 5 days after the final budget of the Housing Opportunities Commission has been adopted, shall reopen the negotiated agreement and bargain with respect to the provisions of the agreement not approved by the Commission.

(p) If a provision in a collective bargaining agreement is ruled invalid or is not funded adequately, the remainder of the agreement remains in effect unless reopened under subsection (o)(2) of this section.

(q) (1) This section and any agreement made under it may not impair the right and responsibility of the Commission to perform the following:

(i) Determine the overall budget and mission of the Commission;

(ii) Maintain and improve the efficiency and effectiveness of operations;

(iii) Determine the services to be rendered and the operations to be performed;

(iv) Determine the location of facilities and the overall organizational structure, methods, processes, means, job classifications, and personnel by which operations are to be conducted;

(v) Direct and supervise employees;

(vi) Hire, select, and establish the standards governing promotion of employees, and classify positions;

(vii) Relieve employees from duties because of lack of work or funds or when the Commission determines continued work would be inefficient or nonproductive;

(viii) Take actions to carry out the missions of government in situations of emergency;

(ix) Transfer and schedule employees;

(x) Determine the size, grades, and composition of the workforce;

(xi) Set the standards of productivity and technology;

(xii) Establish employee performance standards and evaluate and assign employees, except that evaluation and assignment procedures shall be a subject for bargaining;

(xiii) Make and implement systems for awarding outstanding service increments, extraordinary performance awards, and other merit awards;

(xiv) Introduce new or improved technology, research, development, and services;

(xv) Control and regulate the use of machinery, equipment, and other property and facilities of the Commission, subject to the provisions of subsection (j)(1)(vi) of this section;

(xvi) Maintain internal security standards;

(xvii) Create, alter, combine, contract out, or abolish any job classification, department, operation, unit, or other division or service, provided that no contracting of work which will displace employees may be undertaken by the Commission unless the Commission gives written notice to the certified representative at least 90 days before signing the contract or within a different period of time as agreed by the parties;

(xviii) Suspend, discharge, or otherwise discipline employees for cause, except that any such action may be subject to the grievance procedure set forth in the collective bargaining agreement; and

(xix) Issue and enforce rules, policies, and regulations necessary to carry out the provisions of this subsection and all other managerial functions that are not inconsistent with this article, federal or State law, or the terms of a collective bargaining agreement.

(2) The Commission may not:

(i) Interfere with, coerce, or restrain an employee in the exercise of rights under this section;

(ii) Dominate, interfere with, or assist in the formation, administration, or existence of any employee organization or contribute financial assistance or other support to an employee organization;

(iii) Encourage or discourage membership in any employee organization by discriminating against the employee through hiring, tenure, promotion, or other conditions of employment;

(iv) Discharge or discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given any information or testimony under this section; or

(v) Refuse to bargain in good faith with an employee organization that is certified as the exclusive representative of a bargaining unit over any subject of bargaining or refuse to participate in good faith in the mediation, fact-finding, or grievance procedure under this section.

(3) Paragraph (2)(ii) of this subsection does not prohibit the Commission from allowing employees to negotiate or to confer with the Commission over labor matters during work hours without the loss of pay or time.

(r) (1) An employee organization may not:

(i) Interfere with, restrain, or coerce any employee in the exercise by the employee of any right under this section;

(ii) Cause or attempt to cause the Commission to discriminate against any employee in the exercise by the employee of any right under this section;

(iii) Coerce, discipline, fine, or attempt to coerce a member of an employee organization as punishment or reprisal;

(iv) Coerce, discipline, fine, or attempt to coerce a member of an employee organization for the purpose of impeding the member's work performance;

(v) Refuse to negotiate in good faith with the Commission as required by this section; or

(vi) Fail or refuse to cooperate in impasse procedures and impasse decisions as required by this section.

(2) Only an eligible employee may file an unfair labor charge against an employee organization for a violation of paragraph (1)(iii) or (iv) of this subsection.

(s) (1) Employees of the Commission shall retain the right to:

(i) Form, join, or assist any employee organization;

(ii) Bargain collectively through a representative that they have chosen;

(iii) Engage in other lawful concerted activities for the purpose of collective bargaining; or

(iv) Refrain from any activity covered under this paragraph.

(2) An employee may only present a grievance arising under a collective bargaining agreement to the Commission through the employee organization certified as the exclusive representative for the bargaining unit.

(t) (1) In this subsection, "strike" means the refusal of an employee, in concerted action with others, to report to work, to stop or slow down work, or to abstain in whole or in part from the full, faithful, and proper performance of duties where the object is to induce, influence, or coerce a change in the terms, conditions, rights, or privileges of employment.

(2) A Commission employee, group of Commission employees, or employee organization may not engage in, induce, initiate, or ratify a strike by Commission employees.

(3) If a strike occurs, on request of the Commission, a court of competent jurisdiction may enjoin the strike.

(4) An employee may not receive compensation from the Commission while the employee is engaged in a strike.

(5) (i) If an employee engages in, induces, initiates, or ratifies a strike, the Commission may take appropriate disciplinary action against the employee, including suspension or discharge.

(ii) The labor relations administrator shall hold a hearing on the disciplinary action at which the Commission, the employee, and any interested employee organization may present evidence and argument.

(6) (i) If an employee organization certified as an exclusive representative is found after a hearing by the labor relations administrator to have assisted, authorized, or initiated a strike involving the refusal of Commission employees to report for work, the labor relations administrator shall revoke the certification of the employee organization.

(ii) An employee organization decertified under subparagraph (i) of this paragraph may not be recertified for 2 years from the end of the strike.

(iii) If an employee organization certified as an exclusive representative is found after a hearing by the labor relations administrator to have assisted, authorized, or initiated any other type of strike, the labor relations administrator may revoke the certification of the employee organization for up to 1 year from the end of the strike.

(u) (1) It is an unfair labor practice for the Commission or an employee organization certified as an exclusive representative of a bargaining unit to violate the rights of a Commission employee under this section.

(2) Within 30 business days after the alleged violation, the party charging an unfair labor practice shall submit the charge in writing to the labor relations administrator and the party alleged to have committed the unfair labor practice.

(3) Within 15 business days after an unfair labor practice charge is submitted, the Commission and the employee organization shall request the labor relations administrator to hold hearings and decide whether an unfair labor practice has occurred.

(4) The labor relations administrator shall:

(i) Issue a finding of facts and conclusion of law;

(ii) Order the party charged with the unfair labor practice to cease and desist from the prohibited practice; and

(iii) Order all relief necessary to remedy the violation of this section and to otherwise make whole any injured employee or employee organization or the Commission, if injured, including reinstatement, restitution, back pay, or injunctions as necessary to restore the employee, the employee organization, or the Commission to the position or condition it would have been in but for the violation.

(5) The labor relations administrator may not order punitive damages, consequential damages, damages for emotional distress, pain, and suffering, or attorney fees for purposes of satisfying the provisions of paragraph (4)(iii) of this subsection.

(6) The decision of the labor relations administrator is final unless appealed on the basis of being arbitrary, capricious, or exceeding authority.

(7) If the labor relations administrator finds that the party charged with the unfair labor practice has not committed any prohibited practice, the labor relations administrator shall issue an order dismissing the charges.

(8) The Commission and the employee organization shall share equally the cost of any unfair labor practice proceeding.

(9) If the party found to have committed the unfair labor practice fails or refuses to comply with the labor relations administrator's decision in whole or in part, the charging party may file an action to enforce the order with the circuit court for the county in which any of the involved employees work.

(v) (1) This subsection applies to the expression of any personal view, argument, or opinion or the making of any personal statement which:

(i) 1. Publicizes the fact of a representational election and encourages employees to exercise their right to vote in the election;

2. Corrects the record with respect to any false or misleading statement made by any person; or

3. Informs employees of the Commission's policy relating to labor-management relations and representation;

(ii) Contains no threat of reprisal, force, or promise of benefit; and

(iii) Was not made under coercive conditions.

(2) The expression of any personal view, argument, opinion, or statement described in paragraph (1) of this subsection does not constitute:

(i) An unfair labor practice under the provisions of this section; or

(ii) Grounds for setting aside any election conducted under this section.

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