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 16-313 – Funding for Collective Bargaining
(a) The Montgomery Commission shall include in its annual proposed operating budget adequate funding to carry out a collective bargaining agreement. (b) (1) Unless the Montgomery Commission’s budget is funded adequately to carry out the terms of the collective bargaining agreement, the Montgomery Commission and the employee organization shall reopen the negotiated agreement and bargain about the provisions […]
Section 16-314 – Montgomery Commission Rights and Duties
(a) (1) This subtitle and any agreement made under it do not impair the right and duty of the Montgomery Commission to: (i) determine the budget and mission of the Montgomery 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 […]
Section 16-315 – Prohibitions Against Employee Organizations
(a) An employee organization may not: (1) interfere with, restrain, or coerce any employee in the employee’s exercise of a right under this subtitle; (2) cause or attempt to cause the Montgomery Commission to discriminate against an employee in the employee’s exercise of a right under this subtitle; (3) coerce, discipline, fine, or attempt to coerce a member of […]
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; […]