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, […]
(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 […]
(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 […]
(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.
(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, […]
(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 […]
(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 […]
(a) The Montgomery Commission and an employee organization certified as exclusive representative shall meet and engage in collective bargaining in good faith about: (1) salary and wages, including the percentage of an increase in the salary and wages budget that will be devoted to merit increments and cash awards, but salaries and wages shall be the same […]
An employee organization certified as exclusive representative shall disclose to the employees represented by the employee organization all offers regarding wages made by the Montgomery Commission during collective bargaining negotiations conducted under this subtitle.
(a) If a party considers that a bargaining proposal contravenes the rights and duties of the Montgomery Commission under § 16–314 of this subtitle or otherwise violates this subtitle, the party shall petition the labor relations administrator for a determination of whether the bargaining proposal is a negotiability dispute that contravenes this subtitle. (b) (1) Except as provided […]
(a) (1) 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 panel. (2) If the parties are unable to agree on a jointly appointed mediator–arbitrator as required under § 16–311 of this subtitle, the […]
(a) A mediator panel may be used in collective bargaining when: (1) the Montgomery Commission and the employee organization agree to mediation; or (2) an impasse results, and the Montgomery Commission or the employee organization requests mediation. (b) (1) The Montgomery Commission and the employee organization shall: (i) each choose one mediator from a list supplied by the American Arbitration Association […]
(a) (1) The Montgomery Commission and an employee organization certified as the 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 only procedure […]
(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 […]
(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 […]
(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 […]
(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 […]
(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, […]
(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 […]
(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 […]
