(a) The employer and its agents or representatives must not:
(1) interfere with, restrain, or coerce employees in the exercise of any rights granted to them under this Article;
(2) dominate or interfere with the formation or administration of any employee organization or contribute financial or other support to it, under an agreement or otherwise, but the employer and certified representative may agree to and apply an agency shop provision under this Article and a voluntary dues or service fee deduction provision, and may agree to reasonable use of County facilities to communicate with employees.
(3) encourage or discourage membership in any employee organization by discriminating in hiring, tenure, wages, hours, or conditions of employment, but this Article does not preclude an agreement from containing an agency shop provision;
(4) discharge or discriminate against a public employee because the employee files charges, gives testimony, or otherwise lawfully aids in administering this Article;
(5) refuse to bargain collectively with the certified representative;
(6) refuse to reduce to writing or sign a collective bargaining agreement that has been agreed to in all respects;
(7) refuse to process or arbitrate a grievance if required under a grievance procedure contained in a collective bargaining agreement;
(8) directly or indirectly oppose the appropriation of funds or the enactment of legislation by the County Council to implement an agreement reached under this Article; or
(9) engage in a lockout of employees.
(b) Employee organizations and their agents, representatives, and persons who work for them, must not:
(1) interfere with, restrain, or coerce the employer or any employee in the exercise of any rights granted under this Article;
(2) restrain, coerce, or interfere with the employer in the selection of its representative for collective bargaining or the adjustment of grievances;
(3) refuse to bargain collectively with the employer if the employee organization is the certified representative;
(4) refuse to reduce to writing or sign a collective bargaining agreement which has been agreed to in all respects;
(5) hinder or prevent, by threats of violence, intimidation, force, or coercion of any kind, the pursuit of any lawful work or employment by any person, public or private, or obstruct or otherwise unlawfully interfere with the entrance to or exit from any place of employment, or obstruct or unlawfully interfere with any person's free and uninterrupted use of any road, railway, airport, or other mode of travel;
(6) hinder or prevent by threats, intimidation, force, coercion, or sabotage, the obtaining, use, or disposition of materials, supplies, equipment, or services by the employer;
(7) take or retain unauthorized possession of property of the employer, or refuse to do work or use certain goods or materials as lawfully required by the employer; or
(8) cause or attempt to cause the employer to pay or deliver or agree to pay or deliver any money or other thing of value, in the nature of an exaction, for services which are neither performed nor to be performed.
(c) A charge of prohibited practice may be filed by the employer, an employee organization, or any individual employee. Each charge must be filed with the Labor Relations Administrator, and a copy must be sent to any person who allegedly committed a prohibited practice. Each charge must state facts sufficient to allow the Administrator to investigate the charge. The Administrator may request withdrawal of and, if necessary, summarily dismiss any charge which is insufficiently supported in fact or law to warrant a hearing.
(d) The Administrator may independently investigate any charge and may adopt rules for an independent investigation. If, after investigating, the Administrator finds that a charge is sufficiently supported to raise an issue of fact or law and is unable to settle or resolve the matter, the Administrator must hold a hearing on the charge after notifying the parties. In any hearing, the charging party must present evidence in support of the charges; and the party or parties charged may file an answer, appear in person or otherwise, and present evidence in defense against the charges.
(e) If the Administrator finds that the person charged has committed a prohibited practice, the Administrator must file findings of fact and conclusions of law, may order the person charged to cease and desist from the prohibited practice, and may take affirmative actions to remedy any violation of this Article. Remedies available under this subsection include reinstating employees with or without back pay, making employees whole for any loss relating to County employment suffered as a result of any prohibited practice, or withdrawing or suspending an employee organization's authority to negotiate or continue an agency shop provision or a voluntary dues or service fee deduction provision. If the Administrator finds that the party charged has not committed a prohibited practice, the Administrator must file findings of fact and conclusions of law and dismiss the charges.
(f) The Administrator must summarily dismiss any charge based on an alleged prohibited practice which occurred more than 6 months before the charge was filed.
(g) Any party aggrieved by a final decision of the Administrator under this section may appeal the decision to the Circuit Court for Montgomery County in accordance with the court rules governing administrative appeals. The court may affirm, reverse, or modify the decision, or remand the case for further proceedings. The filing of an appeal does not stay the Administrator's order. Any party to the proceeding in the Circuit Court may appeal the Court's decision under applicable provisions of State law and court rules. (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 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.
