reglab/housing_qa huggingface dataset:
MD. Housing and Community Development Code Ann. §  16-303 (2021)
2021 Maryland Statutes|Housing and Community Development|Division II - Housing Authorities|Title 16 - Montgomery County|Subtitle 3 - Collective Bargaining|Section 16-303 - Exclusive Representation of Bargaining Units

    (a)    (1)    The Montgomery Commission shall recognize the right of an employee organization certified under this subtitle as the exclusive representative of a bargaining unit to represent the employees of the bargaining unit in collective bargaining and in the settlement of grievances.        (2)    If a single employee organization is certified to represent more than one bargaining unit, the Montgomery Commission shall negotiate a single contract with that organization covering all employees the organization represents.    (b)    (1)    An employee organization certified as the exclusive representative of a bargaining unit shall:            (i)    serve as the only bargaining agent for the unit in collective bargaining; and            (ii)    except as provided in subsection (c) of this section, represent all employees in the unit fairly and without discrimination.        (2)    An employee organization meets the requirements of paragraph (1)(ii) of this subsection as long as its actions are not arbitrary, discriminatory, or in bad faith toward an employee in the bargaining unit.    (c)    (1)    The exclusive representative may require an employee who does not pay membership dues or equivalent fees to pay:            (i)    the reasonable costs and fees, including expenses for staff time and materials, arbitrator fees, and related attorney’s fees, for filing a grievance or arbitrating a matter that arises under a collective bargaining agreement negotiated under this subtitle brought by the exclusive representative at the request of the employee; and            (ii)    any anticipated proportional costs and fees before a grievance is filed or arbitration is pursued.        (2)    Failure by the employee to pay the costs and fees required under paragraph (1) of this subsection shall relieve the exclusive representative of any further responsibility to the employee.        (3)    A dispute concerning the reasonableness of the costs and fees imposed under paragraph (1) of this subsection shall be submitted to the labor relations administrator in accordance with the procedures established under § 16–318 of this subtitle for unfair labor practices.    (d)    (1)    An exclusive representative’s duty of fair representation owed to a public employee who is in the bargaining unit shall be limited to the negotiation and enforcement of the terms of the collective bargaining agreement with the public employer.        (2)    Nothing in this subsection may be construed to limit an employee organization from providing only to the organization’s members legal, economic, or job–related services or benefits outside the collective bargaining agreement.
MD. Housing and Community Development Code Ann. §  16-304 (2021)
2021 Maryland Statutes|Housing and Community Development|Division II - Housing Authorities|Title 16 - Montgomery County|Subtitle 3 - Collective Bargaining|Section 16-304 - Labor Relations Administrator

    (a)    The exclusive representative or representatives and the Montgomery Commission shall appoint a labor relations administrator from a list of five nominees on whom they have agreed.    (b)    The term of the labor relations administrator is 5 years.    (c)    A labor relations administrator is eligible for reappointment.
MD. Housing and Community Development Code Ann. §  16-305 (2021)
2021 Maryland Statutes|Housing and Community Development|Division II - Housing Authorities|Title 16 - Montgomery County|Subtitle 3 - Collective Bargaining|Section 16-305 - Exclusive Representative to Submit Copy of Constitution or Bylaws

    (a)    An employee organization that is certified or that seeks certification as an exclusive representative shall submit to the labor relations administrator a copy of the employee organization’s constitution and bylaws and any amendment to them.    (b)    The constitution or bylaws shall include:        (1)    a pledge that the employee organization accepts members without regard to age, marital status, national origin, race, religion, disabilities, sexual orientation, or gender;        (2)    the right of members to participate in the affairs of the employee organization;        (3)    procedures for periodic elections of officers by secret ballot;        (4)    fair procedures governing disciplinary actions;        (5)    procedures for the accurate accounting of all income and expenditures;        (6)    a requirement that a certified annual financial report be produced; and        (7)    the right of members to inspect the employee organization’s accounts.
MD. Housing and Community Development Code Ann. §  16-307 (2021)
2021 Maryland Statutes|Housing and Community Development|Division II - Housing Authorities|Title 16 - Montgomery County|Subtitle 3 - Collective Bargaining|Section 16-307 - Employee Eligibility to Vote

    (a)    An individual is eligible to vote in an election under this subtitle only if the individual is a Montgomery Commission employee to whom this subtitle applies.    (b)    If the Montgomery Commission and an employee organization dispute the eligibility of an employee in a bargaining unit, the dispute shall be submitted to the labor relations administrator.    (c)    The labor relations administrator shall hold evidentiary hearings at which the Montgomery Commission and interested employee organizations shall have the opportunity to present:        (1)    testimony;        (2)    documentary and other evidence; and        (3)    arguments.    (d)    The decision of the labor relations administrator is final.    (e)    The Montgomery Commission and the employee organization shall share the costs of the hearings equally.
MD. Housing and Community Development Code Ann. §  16-308 (2021)
2021 Maryland Statutes|Housing and Community Development|Division II - Housing Authorities|Title 16 - Montgomery County|Subtitle 3 - Collective Bargaining|Section 16-308 - Collective Bargaining Subjects

    (a)    The Montgomery Commission and an employee organization certified as exclusive representative shall meet and engage in collective bargaining in good faith about:        (1)    salary and wages, including the percentage of an increase in the salary and wages budget that will be devoted to merit increments and cash awards, but salaries and wages shall be the same for all employees in the same classification;        (2)    pension and other retirement benefits for active employees;        (3)    employee benefits such as insurance, leave, holidays, and vacations;        (4)    hours and working conditions;        (5)    matters affecting the health and safety of employees;        (6)    the effect of the exercise of the Montgomery Commission’s rights and responsibilities under § 16-314 of this subtitle on employees; and        (7)    provisions for orderly processing and settling grievances about the interpretation and implementation of a collective bargaining agreement that may include:            (i)    provisions for the exclusivity of forum;            (ii)    binding third party arbitration, if:                1.    the Montgomery Commission and the employee organization share the costs of binding arbitration equally; and                2.    the arbitrator does not have authority to amend, add to, or subtract from the collective bargaining agreement.    (b)    This section does not require the Montgomery Commission or the employee organization to agree to any proposal or to make any concession.    (c)    (1)    The Montgomery Commission and an employee organization certified as exclusive representative:            (i)    shall begin collective bargaining on or before September 1 in the fiscal year before the beginning of a fiscal year for which an agreement has not been reached; and            (ii)    shall complete collective bargaining on or before the following February 1.        (2)    During the period set forth in paragraph (1) of this subsection, the parties shall negotiate in good faith.
MD. Housing and Community Development Code Ann. §  16-308.1 (2021)
2021 Maryland Statutes|Housing and Community Development|Division II - Housing Authorities|Title 16 - Montgomery County|Subtitle 3 - Collective Bargaining|Section 16-308.1 - Disclosure of Wage Offers

    An employee organization certified as exclusive representative shall disclose to the employees represented by the employee organization all offers regarding wages made by the Montgomery Commission during collective bargaining negotiations conducted under this subtitle.
MD. Housing and Community Development Code Ann. §  16-309 (2021)
2021 Maryland Statutes|Housing and Community Development|Division II - Housing Authorities|Title 16 - Montgomery County|Subtitle 3 - Collective Bargaining|Section 16-309 - Negotiability Disputes

    (a)    If a party considers that a bargaining proposal contravenes the rights and duties of the Montgomery Commission under § 16–314 of this subtitle or otherwise violates this subtitle, the party shall petition the labor relations administrator for a determination of whether the bargaining proposal is a negotiability dispute that contravenes this subtitle.    (b)    (1)    Except as provided in paragraph (2) of this subsection, the procedure for resolving a negotiability dispute shall follow the procedure for reviewing unfair labor practice charges.        (2)    The labor relations administrator may shorten the time periods or order any expedited procedure appropriate under the circumstances.    (c)    The labor relations administrator may order a party to withdraw all or part of a bargaining proposal that contravenes this subtitle.    (d)    A decision and order under this section is final unless it is appealed for being arbitrary, capricious, or exceeding the authority of a party.
MD. Housing and Community Development Code Ann. §  16-311 (2021)
2021 Maryland Statutes|Housing and Community Development|Division II - Housing Authorities|Title 16 - Montgomery County|Subtitle 3 - Collective Bargaining|Section 16-311 - Mediator Panels

    (a)    A mediator panel may be used in collective bargaining when:        (1)    the Montgomery Commission and the employee organization agree to mediation; or        (2)    an impasse results, and the Montgomery Commission or the employee organization requests mediation.    (b)    (1)    The Montgomery Commission and the employee organization shall:            (i)    each choose one mediator from a list supplied by the American Arbitration Association or the Federal Mediation and Conciliation Service; and            (ii)    together choose a third mediator from a list supplied by the American Arbitration Association or the Federal Mediation and Conciliation Service.        (2)    If the Montgomery Commission and the employee organization cannot agree on a jointly appointed mediator, the labor relations administrator shall choose the third mediator.    (c)    The Montgomery Commission and the employee organization shall share the costs of mediation equally.
MD. Housing and Community Development Code Ann. §  16-312 (2021)
2021 Maryland Statutes|Housing and Community Development|Division II - Housing Authorities|Title 16 - Montgomery County|Subtitle 3 - Collective Bargaining|Section 16-312 - Collective Bargaining Agreements

    (a)    (1)    The Montgomery Commission and an employee organization certified as the exclusive representative of a bargaining unit shall execute a collective bargaining agreement incorporating all matters of agreement on wages, hours, and other terms and conditions of employment.        (2)    If a collective bargaining agreement provides for a grievance procedure, that grievance procedure shall be the only procedure for employees in the bargaining unit.        (3)    The collective bargaining agreement may include an agency shop or other union security provision.    (b)    The collective bargaining agreement supersedes any conflicting regulation or administrative policy of the Montgomery Commission.    (c)    A collective bargaining agreement takes effect on the approval of the Montgomery Commission and the membership of the employee organization representing the bargaining unit.    (d)    A single year or multiple–year collective bargaining agreement shall expire at the close of the appropriate fiscal year.    (e)    If a provision in a collective bargaining agreement is ruled invalid or is not funded adequately, the rest of the agreement remains in effect unless reopened under § 16–313(b) of this subtitle.
MD. Housing and Community Development Code Ann. §  16-313 (2021)
2021 Maryland Statutes|Housing and Community Development|Division II - Housing Authorities|Title 16 - Montgomery County|Subtitle 3 - Collective Bargaining|Section 16-313 - Funding for Collective Bargaining

    (a)    The Montgomery Commission shall include in its annual proposed operating budget adequate funding to carry out a collective bargaining agreement.    (b)    (1)    Unless the Montgomery Commission’s budget is funded adequately to carry out the terms of the collective bargaining agreement, the Montgomery Commission and the employee organization shall reopen the negotiated agreement and bargain about the provisions of the agreement not approved by the Montgomery Commission.        (2)    The bargaining shall begin within 5 days after the final budget of the Montgomery Commission has been adopted.
MD. Housing and Community Development Code Ann. §  16-315 (2021)
2021 Maryland Statutes|Housing and Community Development|Division II - Housing Authorities|Title 16 - Montgomery County|Subtitle 3 - Collective Bargaining|Section 16-315 - Prohibitions Against Employee Organizations

    (a)    An employee organization may not:        (1)    interfere with, restrain, or coerce any employee in the employee’s exercise of a right under this subtitle;        (2)    cause or attempt to cause the Montgomery Commission to discriminate against an employee in the employee’s exercise of a right under this subtitle;        (3)    coerce, discipline, fine, or attempt to coerce a member of an employee organization as punishment or reprisal;        (4)    coerce, discipline, fine, or attempt to coerce a member of an employee organization to impede the member’s work performance;        (5)    refuse to negotiate in good faith with the Montgomery Commission as required by this subtitle; or        (6)    fail or refuse to cooperate in impasse procedures and impasse decisions as required by this subtitle.    (b)    An individual may file an unfair labor charge against an employee organization for a violation of subsection (a)(3) or (4) of this section only if the individual is a Montgomery Commission employee to whom this subtitle applies.
MD. Housing and Community Development Code Ann. §  16-316 (2021)
2021 Maryland Statutes|Housing and Community Development|Division II - Housing Authorities|Title 16 - Montgomery County|Subtitle 3 - Collective Bargaining|Section 16-316 - Rights of Montgomery Commission Employees

    (a)    Employees of the Montgomery Commission retain the right to:        (1)    form, join, or assist an employee organization;        (2)    bargain collectively through a representative that the employees have chosen;        (3)    engage in other lawful concerted activities for the purpose of collective bargaining; or        (4)    refrain from an activity covered under this subsection.    (b)    When an employee has a grievance under a collective bargaining agreement, the employee may present the grievance to the Montgomery Commission but may do so only through the employee organization certified as the exclusive representative for the bargaining unit.
MD. Housing and Community Development Code Ann. §  16-317 (2021)
2021 Maryland Statutes|Housing and Community Development|Division II - Housing Authorities|Title 16 - Montgomery County|Subtitle 3 - Collective Bargaining|Section 16-317 - Strikes

    (a)    In this section, “strike” means the action of an employee, in concert with others, to:        (1)    refuse to report to work;        (2)    stop or slow down work; or        (3)    abstain wholly or partly from the full, faithful, and proper performance of duties when the object is to induce, influence, or coerce a change in the terms, conditions, rights, or privileges of employment.    (b)    A Montgomery Commission employee, a group of Montgomery Commission employees, or an employee organization may not engage in, induce, initiate, or ratify a strike by Montgomery Commission employees.    (c)    If a strike occurs, on request of the Montgomery Commission, a court of competent jurisdiction may enjoin the strike.    (d)    An employee may not receive compensation from the Montgomery Commission while the employee is engaged in a strike.    (e)    (1)    If an employee engages in, induces, initiates, or ratifies a strike, the Montgomery Commission may take appropriate disciplinary action against the employee, including suspension or discharge.        (2)    The labor relations administrator shall hold a hearing on the disciplinary action at which the Montgomery Commission, the employee, and any interested employee organization may present evidence and argument.    (f)    (1)    If the labor relations administrator finds after a hearing that an employee organization certified as an exclusive representative assisted, authorized, or initiated a strike involving the refusal of Montgomery Commission employees to report for work, the labor relations administrator shall revoke the certification of the employee organization.        (2)    An employee organization decertified under paragraph (1) of this paragraph may not be recertified for 2 years after the end of the strike.        (3)    If the labor relations administrator finds after a hearing that an employee organization certified as an exclusive representative assisted, authorized, or initiated any other kind of strike, the labor relations administrator may revoke the certification of the employee organization for up to 1 year from the end of the strike.
MD. Housing and Community Development Code Ann. §  16-318 (2021)
2021 Maryland Statutes|Housing and Community Development|Division II - Housing Authorities|Title 16 - Montgomery County|Subtitle 3 - Collective Bargaining|Section 16-318 - Unfair Labor Practices

    (a)    It is an unfair labor practice for the Montgomery Commission or an employee organization certified as an exclusive representative of a bargaining unit to violate the rights of a Montgomery Commission employee under this subtitle.    (b)    Within 30 business days after an alleged unfair labor practice occurs, the party charging the unfair labor practice shall submit the charge in writing to the labor relations administrator and the party alleged to have committed the unfair labor practice.    (c)    (1)    Within 15 business days after a party submits an unfair labor practice charge, the party shall ask the labor relations administrator to hold a hearing and decide whether an unfair labor practice has occurred.        (2)    The labor relations administrator shall hold a hearing and make findings of fact and conclusions of law.    (d)    (1)    If the labor relations administrator finds that a party has committed an unfair labor practice, the labor relations administrator shall:            (i)    order that party to cease and desist from the unfair labor practice; and            (ii)    order all relief necessary to:                1.    remedy the violation of this subtitle; and                2.    make whole any injured employee or party and restore the employee or party to the position or condition in which the employee or party would have been but for the violation.        (2)    Relief may include reinstatement, restitution, back pay, and injunctions.        (3)    Relief may not include attorney fees, punitive damages, consequential damages, or damages for pain, suffering, or emotional distress.    (e)    The decision of the labor relations administrator is final unless appealed on the basis of being arbitrary, capricious, or exceeding authority.    (f)    If the labor relations administrator finds that the party charged with the unfair labor practice has not committed any prohibited practice, the labor relations administrator shall issue an order dismissing the charges.    (g)    The Montgomery Commission and the employee organization shall share the cost of any unfair labor practice proceeding equally.    (h)    If the party found to have committed the unfair labor practice fails or refuses to comply with the labor relations administrator’s decision, the charging party may file an action to enforce the order with the circuit court for a county in which any of the involved employees work.
MD. Housing and Community Development Code Ann. §  16-319 (2021)
2021 Maryland Statutes|Housing and Community Development|Division II - Housing Authorities|Title 16 - Montgomery County|Subtitle 3 - Collective Bargaining|Section 16-319 - Personal Opinions

    (a)    This section applies to the expression of any personal view, argument, or opinion or the making of any personal statement that:        (1)    does not contain a threat of reprisal, force, or promise of benefit;        (2)    was not made under coercive conditions; and        (3)    (i)    publicizes a representational election or encourages employees to exercise their right to vote in the election;            (ii)    corrects the record with respect to a false or misleading statement made by any person; or            (iii)    informs employees of the Montgomery Commission’s policy about labor–management relations and representation.    (b)    The expression of any personal view, argument, opinion, or statement described in subsection (a) of this section is not:        (1)    an unfair labor practice under this subtitle; or        (2)    grounds for setting aside an election held under this subtitle.