(a) Duty to bargain; matters subject to bargaining. Upon certification of an employee organization, the employer and the certified representative have the duty to bargain collectively with respect to the following subjects for employees other than limited-scope members of the bargaining unit under Section 33-105(c)(2):
(1) Salary and wages, including the percentage of the increase in the salary and wages budget that will be devoted to merit increments and cash awards, provided that salaries and wages shall be uniform for all employees in the same classification.
(2) Pension and other retirement benefits for active employees only, but the parties must not bargain over the participation by any employee who is a member of the bargaining unit under Section 33-105(c)(1) in either the Integrated Retirement Plan or the Retirement Savings Plan.
(3) Employee benefits such as insurance, leave, holidays, and vacations.
(4) Hours and working conditions.
(5) Provisions for the orderly processing and settlement of grievances concerning the interpretation and implementation of a collective bargaining agreement, which may include:
(A) Binding third party arbitration for employees other than members of the bargaining unit under Section 33-105(c)(1), but the arbitrator must not amend, add to, or subtract from the provisions of the collective bargaining agreement; and
(B) Provisions for exclusivity of forum.
(6) Matters affecting the health and safety of employees.
(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.
The duty to bargain under this subsection, and any agreement reached as a result of bargaining, must not limit the employer’s authority to require a newly-hired employee to remain in probationary status, during which the employee may be terminated for any cause or without cause and without any right of grievance, for a period that does not exceed 6 months. Unless a specific probationary period is required by law, the parties may agree on any probationary period that is not less than 6 months.
(b) Duty to bargain for limited-scope employees. The employer and the certified representative have the duty to bargain collectively on only the following subjects with respect to employees who are limited-scope members of the bargaining unit under Section 33-105(c)(2):
(1) wage scales and general wage adjustments; and
(2) dues or service fee deductions.
(c) Employer rights. This article and any agreement made under it shall not impair the right and responsibility of the employer to perform the following:
(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 to be 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 under conditions when the employer determines continued work would be inefficient or nonproductive.
(8) Take actions to carry out the mission of government in situations of emergency.
(9) Transfer, assign, and schedule employees.
(10) Determine the size, grades, and composition of the work force.
(11) Set the standards of productivity and technology.
(12) Establish employee performance standards and evaluate employees, except that evaluation procedures shall be a subject for 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) of this section.
(16) Maintain internal security standards.
(17) Create, alter, combine, contract out, or abolish any job classification, department, operation, unit, or other division or service, provided that no contracting of work which will displace employees may be undertaken by the employer unless ninety (90) days prior to signing the contract, or such other date of notice as agreed by parties, written notice has been given to the certified representative.
(18) Suspend, discharge, or otherwise discipline employees for cause, except that, subject to Charter section 404, any such action may be subject to the grievance procedure set forth in the collective bargaining agreement.
(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 the collective bargaining agreement.
(d) Exemption. This article shall not be construed to limit the discretion of the employer voluntarily to discuss with the representatives of its employees any matter concerning the employer’s exercise of any of the rights set forth in this section. However, these matters shall not be subject to bargaining.
(e) Agreement. The public employer rights set forth in this section are to be considered a part of every agreement reached between the employer and an employee organization. (1986 L.M.C., ch. 70, § 3; 2002 L.M.C., ch. 8, § 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).
Section 33-107 is quoted in Haub v. Montgomery County, 353 Md. 448, 727 A.2d 369 (1999).
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 10/28/10 comparing the limits on Council authroity to make changes to retirement benefits with its ability to modify health benefits. See County Attorney Opinion dated 10/9/91 supplementing the legal analysis given 9/23/91 regarding privatizing liquor control operations. See County Attorney Opinion dated 9/23/91 explaining that State law does not prohibit the Department of Liquor Control from entering into contracts with private entities to operate the liquor stores. See supplemental memo dated 10/9/91.
2015 L.M.C., ch. 36, § 3 states: Collective bargaining notice. This Act serves as any notice required under Section 33-107(c)(17).
2015 L.M.C., ch. 36, § 8 also states, in part: All other provisions of this Act take effect 180 days after the Montgomery County Economic Development Corporation is designated under Section 30B-2.
2011 L.M.C., ch. 13, §§ 2 and 3, effective July 2, 2012, state in part:
Sec. 2. Implementation. Notwithstanding any other provision of law, including § 33-80(a)(7) and § 33-107(a)(7), the implementation of any amendment to County Code Chapter 33 in Section 1 of this Act concerning disability retirement is not subject to collective bargaining with a certified representative of employees in any bargaining unit.
Sec. 3. The amendments to County Code Chapter 33 made in Section 1 of this Act apply to any disability occurring on or after the date this Act takes effect [July 1, 2012].
2002 L.M.C., ch. 8, § 2, states: The certified representative and the employer must bargain under Sec. 33- 107 with respect to temporary, seasonal, and substitute employees who are members of a bargaining unit, including limited-scope employees, immediately after this Act becomes law [May 20, 2002]. The procedures for impasse resolution under Section 33-108 apply to this bargaining process, but the specific action deadlines in that section do not apply. An initial agreement between the certified representative and the employer with respect to temporary, seasonal, and substitute employees must expire on the same date as the existing agreements for the SLT and OPT bargaining units.