Sec. 33-84. Strikes and lockouts.

   (a)   No employee or employee organization shall either directly or indirectly cause, instigate, encourage, condone or engage in any strike, nor the employer in any lockout. No employee or employee organization shall obstruct, impede or restrict, either directly or indirectly, any attempt to terminate a strike.

   (b)   The employer shall not pay, reimburse, make whole or otherwise compensate any employee for or during the period when said employee is directly or indirectly engaged in a strike, nor shall the employer thereafter compensate an employee who struck for wages or benefits lost during such strike.

   (c)   If an employee or employee organization violates this section, the employer, after adequate notice and a fair hearing before the permanent umpire who finds that the alleged violations have occurred and that any or all of the following actions are necessary in the public interest, may, subject to the law enforcement officer’s bill of rights, Title 3, Subtitle 1 of the Public Safety Article of the Maryland Code:

      (1)   Impose disciplinary action, including dismissal from employment, on employees engaged in such conduct;

      (2)   Terminate or suspend employee organization’s dues deduction privilege, if any;

      (3)   Revoke the certification of and disqualify the employee organization from participation in representation elections for a period up to a maximum of two (2) years.

   (d)   Nothing contained herein shall prohibit an employer from seeking any remedy available in a court of competent jurisdiction. (1982 L.M.C., ch. 53, § 3; 2010 L.M.C., ch. 49, § 1.)

   Editor’s note—Sections 33-75, 33-76, 33-80, and 33-81 are cited, and Sections 33-80(h) and 33-84(a) are quoted, in Fraternal Order of Police, Montgomery County Lodge 35, Inc., v. Montgomery County, 212 Md. App. 230, 66 A.3d 1183 (2013), affirmed, 437 Md. 618, 89 A.3d 1093 (2014).

   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.

Sec. 33-85. Effect of prior enactments.

   Nothing contained in this article shall be construed to repeal any laws, executive orders, legislation, rules or regulations adopted by the county and any department or agency thereof not inconsistent with the provisions of this article. (1982 L.M.C., ch. 53, § 3.)

   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.

Article VI. RESERVED.

   Editor’s note— Article VI, Disability Benefits, §§ 33-86 — 33-100, added by 1985 L.M.C., ch. 49, § 3, was repealed by 2010 L.M.C., ch. 49, § 1

Sec. 33-86. Reserved.

   Editor’s note—Section 33-86, Applicability, derived from 1985 L.M.C., ch. 49, § 3; 1986 L.M.C., ch. 29, § 1; 1987 L.M.C., ch. 27, § 12; 1989 L.M.C., ch. 45, § 1, was repealed by 2010 L.M.C., ch. 49, § 1.

Sec. 33-87. Reserved.

   Editor’s note—Section 33-87, Definitions, derived from 1985 L.M.C., ch. 49, § 3; 1986 L.M.C., ch. 29, § 1; 1986 L.M.C., ch. 56, § 2, 1994 L.M.C., ch. 13, § 1, was repealed by 2010 L.M.C., ch. 49, § 1.