(a) Right to form and join employee organizations. Except as provided in subsections (b) and (d), classified employees may form and join employee organizations and assist in and participate in the activities of employee organizations of their own choice for the purpose of representation on matters of employee relations.
(b) Limitations on joining employee organizations.
(1) With the exception of captains, captains/emergency medical technician- paramedics, lieutenants, lieutenants/emergency medical technician-paramedics, battalion chiefs, and battalion chiefs/emergency medical technician-paramedics in the Fire Department, lieutenants and sergeants in the Police Department, and Deputy Sheriff IIIs in the Sheriff’s Office, management employees may not join, assist, or participate in the activities of an employee organization, or an affiliate of an employee organization, that represents or seeks to represent employees under the direction of the management employees. This subsection (b)(1) shall be construed to prohibit Detention Sergeants from joining, assisting, or participating in the activities of an employee organization that represents or seeks to represent Detention Officers and Detention Corporals.
(2) Confidential employees may not join, assist in, or participate in the activities of an employee organization that represents or seeks to represent non-confidential employees.
(3) This prohibition does not apply to activities of a social, charitable, or fraternal nature.
(c) Right to not join employee organizations. County employees may elect not to join employee organizations or participate in their activities, and may represent themselves individually or designate their personal representative in their employment relations with the County. An employee may not be interfered with, intimidated, restrained, coerced, or discriminated against because of the employee's exercise of these rights.
(d) Limitation on number of appropriate representation units.
(1) Under no circumstances shall the number of appropriate representation units exceed twelve.
(2) The limitation imposed by this subsection does not prohibit the decertification of exclusive representatives or any other action taken under this title as long as the result of that action does not cause the number of appropriate representation units to exceed the number determined under subsection (d)(1).
(1985 Code, Art. 8, § 4-105) (Bill No. 64-96; Bill No. 62-00; Bill No. 28-06; Bill No. 66-10; Bill No. 87-10; Bill No. 78-12; Bill No. 12-19; Bill No. 71-20; Bill No. 105-21; Bill No. 44-23)
Editor’s note – The changes to the number of appropriate representation units made by Bill No. 105-21 apply retroactively to December 1, 2021.