(a) Duty to bargain; matters subject to bargaining. When an employee organization is certified, the employer and the certified representative must bargain collectively with respect to:
(1) salary and wages, including the percentage of the increase in the salary and wages budget that is devoted to merit increments and cash awards, but salaries and wages must be uniform for all employees in the same classification;
(2) pension and other retirement benefits for active employees only;
(3) employee benefits such as, but not limited to, insurance, leave, holidays, and vacations;
(4) hours and working conditions;
(5) procedures for the orderly processing and settlement of grievances concerning the interpretation and implementation of any collective bargaining agreement, which may include:
(A) binding third party arbitration, but the arbitrator has no authority to amend, add to, or subtract from any provision of the collective bargaining agreement; and
(B) provisions for exclusivity of forum;
(6) matters affecting the health and safety of employees; and
(7) amelioration of the effect on employees when the exercise of employer rights listed in subsection (b) causes a loss of existing jobs in the unit.
(b) Employer rights. This Article and any collective bargaining agreement made under it must not impair the right and responsibility of the employer to:
(1) determine the overall budget and mission of the employer and any agency of County government;
(2) maintain and improve the efficiency and effectiveness of operations;
(3) determine the services to be rendered and the operations to be performed;
(4) determine the overall organizational structure, methods, processes, means, job classifications, and personnel by which operations are conducted, and the location of facilities;
(5) direct and supervise employees;
(6) hire, select, and establish the standards governing promotion of employees, and classify positions;
(7) relieve employees from duties because of lack of work or funds, or when the employer determines continued work would be inefficient or nonproductive;
(8) take actions to carry out the mission of government in emergency situations;
(9) transfer, assign, and schedule employees;
(10) determine the size, grades, and composition of the work force;
(11) set standards of productivity and technology;
(12) establish employee performance standards and evaluate employees, but evaluation procedures are subject to bargaining;
(13) make and implement systems for awarding outstanding service increments, extraordinary performance awards, and other merit awards;
(14) introduce new or improved technology, research, development, and services;
(15) control and regulate the use of machinery, equipment, and other property and facilities of the employer, subject to subsection (a)(6);
(16) maintain internal security standards;
(17) create, alter, combine, contract out, or abolish any job classification, department, operation, unit, or other division or service, but the employer must not contract work which will displace employees unless it gives written notice to the certified representative 90 days before signing the contract or other notice agreed by the parties;
(18) suspend, discharge, or otherwise discipline employees for cause, except that, subject to Charter Section 404, any such action may be subject to a grievance procedure included in a collective bargaining agreement; and
(19) issue and enforce rules, policies, and regulations necessary to carry out these and all other managerial functions which are not inconsistent with this Article, federal or State law, or the terms of a collective bargaining agreement.
(c) Exemption. This Article does not limit the discretion of the employer voluntarily to discuss with the representatives of its employees any matter concerning the employer's exercise of any right specified in this section. However, any matter so discussed is not subject to bargaining.
(d) The public employer rights specified in this section must be incorporated by reference in every agreement reached between the employer and the employee organization. (1996 L.M.C., ch. 21, § 1.)
Editor’s note—See County Attorney Opinion dated regarding a union’s authority to engage in collective bargaining on behalf of current employees, but not on behalf of future employees. See County Attorney Opinion dated comparing the limits on Council authority to make changes to retirement benefits with its ability to modify health benefits. See County Attorney Opinion dated analyzing that, although permitted under personnel and collective bargaining principles, a grant program to cover closing costs for public safety employees would be taxable income to the employees receiving the benefit.
