Section 16-406 – Submission of Proposal by Certified Representative of Adversely Affected Employee
The certified representative of an adversely affected Montgomery Commission employee may submit a proposal for existing bargaining unit employees to continue performing the services described in the solicitation while achieving the targeted savings.
Section 16-407 – Penalties for Failure to Comply With Subtitle
(a) (1) If the Montgomery Commission fails to comply with any provision of this subtitle and a Montgomery Commission employee is adversely affected, the certified representative of the employee may file an appeal on the record on behalf of the employee before the State Office of Administrative Hearings in accordance with the contested case provisions of the […]
Section 16-316 – Rights of Montgomery Commission Employees
(a) Employees of the Montgomery Commission retain the right to: (1) form, join, or assist an employee organization; (2) bargain collectively through a representative that the employees have chosen; (3) engage in other lawful concerted activities for the purpose of collective bargaining; or (4) refrain from an activity covered under this subsection. (b) When an employee has a grievance under a […]
Section 16-317 – Strikes
(a) In this section, “strike” means the action of an employee, in concert with others, to: (1) refuse to report to work; (2) stop or slow down work; or (3) abstain wholly or partly from the full, faithful, and proper performance of duties when the object is to induce, influence, or coerce a change in the terms, conditions, rights, […]
Section 16-318 – Unfair Labor Practices
(a) It is an unfair labor practice for the Montgomery Commission or an employee organization certified as an exclusive representative of a bargaining unit to violate the rights of a Montgomery Commission employee under this subtitle. (b) Within 30 business days after an alleged unfair labor practice occurs, the party charging the unfair labor practice shall submit […]
Section 16-319 – Personal Opinions
(a) This section applies to the expression of any personal view, argument, or opinion or the making of any personal statement that: (1) does not contain a threat of reprisal, force, or promise of benefit; (2) was not made under coercive conditions; and (3) (i) publicizes a representational election or encourages employees to exercise their right to vote in the […]
Section 16-401 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) (1) “Adversely affect” means: (i) the elimination of more than two employee positions assigned to perform bargaining unit work if the positions are authorized, fully funded, and either vacant for less than 90 calendar days or occupied at the time the Montgomery Commission solicits a service contract; […]
Section 16-306 – Elections for Exclusive Representative
(a) The labor relations administrator shall hold an election for an exclusive representative after: (1) an employee organization shows by petition that at least 30% of the eligible employees in a bargaining unit support representation by an exclusive representative for collective bargaining; or (2) an employee or an employee organization shows by petition that at least 30% of […]
Section 16-402 – Scope
(a) (1) This subtitle applies to a service contract that: (i) is solicited by the Montgomery Commission as a management plan intended to adversely affect Montgomery Commission employees represented by a certified representative; and (ii) in the estimation of the Montgomery Commission procurement officer, will exceed an annual cost of $75,000 as calculated under paragraph (2) of this subsection. […]
Section 16-307 – Employee Eligibility to Vote
(a) An individual is eligible to vote in an election under this subtitle only if the individual is a Montgomery Commission employee to whom this subtitle applies. (b) If the Montgomery 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. (c) The […]