(a) The employer or its agents or representatives are prohibited from:
(1) Interfering with, restraining or coercing employees in the exercise of any rights granted to them under the provisions of this article;
(2) Dominating or interfering with the formation or administration of any employee organization or contributing financial or other support to it, pursuant to contract or otherwise; provided that the employer and a certified representative may agree to and apply a membership dues deduction provision as provided herein and to reasonable use of county facilities for communicating with employees;
(3) Encouraging or discouraging membership in any employee organization by discrimination in regard to hiring, tenure, wages, hours or conditions of employment, provided that nothing in this article shall preclude an agreement from containing a provision for an agency shop;
(4) Discharging or discriminating against a public employee because he has filed charges, given testimony or otherwise lawfully aided in the administration of this article;
(5) Refusing to bargain collectively with a certified representative;
(6) Refusing to reduce to writing or refusing to sign a bargaining agreement which has been agreed to in all respects;
(7) Refusing to process or arbitrate a grievance if required under a grievance procedure contained in a collective bargaining agreement;
(8) Directly or indirectly opposing the appropriation of funds or the enactment of legislation by the county council to implement an agreement reached between the employer and the certified representative pursuant to this article;
(9) Engaging in a lockout of employees;
(b) Employee organizations, and their agents, representatives and employees, are prohibited from:
(1) Interfering with, restraining or coercing the employer or employees in the exercise of any rights granted under this article;
(2) Restraining, coercing or interfering with the employer in the selection of its representatives for the purposes of collective bargaining or the adjustment of grievances;
(3) Refusing to bargain collectively with the employer if such employee organization is the certified representative.
(4) Refusing to reduce to writing or refusing to sign a bargaining agreement which has been agreed to in all respects;
(5) Hindering or preventing, 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 obstructing or otherwise unlawfully interfering with the entrance to or egress from any place of employment, or obstructing or unlawfully interfering with the free and uninterrupted use of public roads, streets, highways, railways, airports or other ways of travel or conveyance by any person, public or private;
(6) Hindering or preventing by threats, intimidation, force, coercion or sabotage, the obtaining, use or disposition of materials, supplies, equipment or services by the employer;
(7) Taking or retaining unauthorized possession of property of the employer or refusing to do work or use certain goods or materials as lawfully required by the employer;
(8) Forcing or requiring the employer to assign particular work to employees in a particular employee organization or classification rather than to employees in another employee organization or classification;
(9) Causing or attempting 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 or to be performed.
(c) A charge of prohibited practice may be filed by the employer, employee organization, or any individual employee. The charge or charges shall be filed with the permanent umpire, with copies to the party alleged to have committed a prohibited practice. All charges shall contain a statement of facts sufficient to enable the permanent umpire to investigate the charge. The permanent umpire may request withdrawal of and, if necessary, summarily dismiss charges if they are insufficiently supported in fact or in law to warrant a hearing. The permanent umpire shall have authority to maintain such independent investigation as the permanent umpire determines necessary and to develop rules and regulations therefor. If, upon investigation, the permanent umpire finds that a charge is sufficiently supported to raise an issue of fact or law, the permanent umpire shall hold a hearing on such charge upon notification to the parties. In any hearing, charging parties shall present evidence in support of the charges and the party or parties charged shall have the right to file an answer to the charges, to appear in person or otherwise and to present evidence in defense of the charges.
(d) If the permanent umpire determines that the person charged has committed a prohibited practice, the permanent umpire shall make findings of fact and conclusions of law and shall be empowered to issue an order requiring the person charged to cease and desist from the prohibited practice and to take such affirmative action as will remedy the violation(s) of this article. Remedies of the permanent umpire may include, but shall not be limited to, 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, withdrawing or suspending the employee organization's authority to negotiate or continue membership dues deductions, or agency shop benefits. If the permanent umpire finds that the party or parties charged have not committed any prohibited practices, the permanent umpire shall make findings of fact and conclusions of law and issue an order dismissing the charges.
(e) The permanent umpire shall not receive or entertain charges based upon an alleged prohibited practice occurring more than six (6) months prior to the filing of the charge. (1982 L.M.C., ch. 53, § 3; 2004 L.M.C., ch. 15, § 1.)
Editor’s note—Sections 33-75 through 33-85 and Sections 33-101 through 33-112 are cited, and Section 33-80 is quoted, in Fraternal Order of Police Lodge 35 v. Montgomery County, 436 Md. 1, 80 A.3d 686 (2013).
Sections 33-81 and 33-83 are cited and quoted, and Sections 33-75, 33-76, 33-77, 33-78, 33-79, 33-80, 33-82, 33-84 & 33-85 are cited in Fraternal Order of Police, Montgomery County Lodge 35, Inc., v. Montgomery County Executive, 210 Md. App. 117, 62 A.3d 238 (2013). The Court interpreted Section 33-80 regarding collective bargaining agreements and the funding of future County budgets.
See County Attorney Opinion dated 9/26/11 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 9/2/03 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.