(a) An employee or employee organization shall not either directly or indirectly cause, instigate, encourage, condone, or engage in any strike, nor the employer in any lockout. An employee or employee organization shall not 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 that 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 the strike.
(c) If an employee or employee organization violates this Section, the employer, after adequate notice and a fair hearing before the labor relations administrator who finds that the violations have occurred and that any or all of the following actions are necessary in the public interest, may impose any of the following sanctions, subject to the Law- Enforcement Officers’ 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 the conduct.
(2) Terminate or suspend the 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) This article does not prohibit an employer or a certified employee organization from seeking any remedy available in a court of competent jurisdiction. (1986 L.M.C., ch. 70, § 3; 2010 L.M.C., ch. 49, § 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).