US Lawyer Database

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 16-306 – 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 16-301 – Scope of Subtitle

    This subtitle does not apply to:         (1)    an attorney in the General Counsel’s office;         (2)    an employee who assists or acts in a confidential capacity for an individual who formulates, determines, or carries out management policies in the field of labor-management relations;         (3)    a Montgomery Commission merit system employee during the employee’s initial probationary period; or         (4)    a supervisor, […]

Section 16-302 – Bargaining Units

    (a)    Montgomery Commission employees are divided into two bargaining units:         (1)    the office/professional/technical unit; and         (2)    the service/labor/trade unit.     (b)    The office/professional/technical unit includes:         (1)    office classification titles in which employees are responsible for communications, recording and retrieving information, and paperwork required in an office;         (2)    professional classification titles in which employees have special or theoretical knowledge that usually is acquired […]

Section 16-303 – Exclusive Representation of Bargaining Units

    (a)    (1)    The Montgomery Commission shall recognize the right of an employee organization certified under this subtitle 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)    If a single employee organization is certified to represent more than one bargaining unit, the […]

Section 16-304 – Labor Relations Administrator

    (a)    The exclusive representative or representatives and the Montgomery Commission shall appoint a labor relations administrator from a list of five nominees on whom they have agreed.     (b)    The term of the labor relations administrator is 5 years.     (c)    A labor relations administrator is eligible for reappointment.

Section 16-305 – Exclusive Representative to Submit Copy of Constitution or Bylaws

    (a)    An employee organization that is certified or that seeks certification as an exclusive representative shall submit to the labor relations administrator a copy of the employee organization’s constitution and bylaws and any amendment to them.     (b)    The constitution or bylaws shall include:         (1)    a pledge that the employee organization accepts members without regard to age, marital status, […]