reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 2 - Collective Bargaining -- in General › Section 16-213 - Impairment of Rights and Responsibilities of Commission

(a)    This subtitle and any agreement made under it may not impair the rights and responsibilities of the Commission to:
(1)    determine the overall budget and mission of the Commission;
(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 location of facilities and the overall organizational structure, methods, processes, means, job classifications, and personnel by which operations are to be conducted;
(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 when the Commission determines continued work would be inefficient or nonproductive;
(8)    take actions to carry out the missions of government in emergency situations;
(9)    transfer and schedule employees;
(10)    determine the size, grades, and composition of the workforce;
(11)    set the standards of productivity and technology;
(12)    establish employee performance standards and evaluate and assign employees, except that evaluation and assignment procedures shall be a subject for bargaining;
(13)    establish 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 Commission, subject to § 16–207(a)(6) of this subtitle;
(16)    maintain internal security standards;
(17)    create, alter, combine, contract out, or abolish any job classification, operation, department, unit, or other division or service;
(18)    suspend, discharge, or otherwise discipline employees for cause, subject to the grievance procedure set forth in a collective bargaining agreement; and
(19)    adopt and enforce policies and regulations necessary to carry out this section and all other managerial functions that are not inconsistent with federal or State law or the terms of a collective bargaining agreement.
(b)    The Commission may not sign a contract that will displace employees unless the Commission gives written notice to the certified representative at least 90 days before signing the contract or within a different period of time agreed to by the parties.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 2 - Collective Bargaining -- in General › Section 16-214 - Prohibited Activities of Commission

(a)    The Commission may not:
(1)    interfere with, coerce, or restrain an employee in the exercise of the employee’s rights under this subtitle;
(2)    dominate, interfere with, or assist in the formation, administration, or existence of an employee organization or contribute financial assistance or other support to an employee organization;
(3)    encourage or discourage membership in an employee organization by discriminating against the employee through hiring, tenure, promotion or demotion, or other conditions of employment;
(4)    discharge or discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given any information or testimony under this subtitle; or
(5)    refuse to bargain in good faith with an employee organization that is certified as the exclusive representative of a bargaining unit over any subject of bargaining or refuse to participate in good faith in the mediation, fact–finding, or grievance procedure under this subtitle.
(b)    Subsection (a)(2) of this section does not prohibit the Commission from allowing employees to negotiate or to confer with the Commission over labor matters during work hours without the loss of pay or time.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 2 - Collective Bargaining -- in General › Section 16-215 - Prohibited Activities of Employee Organization

(a)    An employee organization may not:
(1)    interfere with, coerce, or restrain an employee in the exercise of the employee’s rights under this subtitle;
(2)    cause or attempt to cause the Commission to discriminate against an employee in the exercise of the employee’s rights 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 for the purpose of impeding the member’s work performance;
(5)    refuse to negotiate in good faith with the 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)    Only an eligible employee may file an unfair labor charge against an employee organization for a violation of subsection (a)(3) or (4) of this section.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 2 - Collective Bargaining -- in General › Section 16-216 - Rights of Commission Employees

(a)    Employees of the Commission shall 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 described in this subsection.
(b)    An employee may only present a grievance arising under a collective bargaining agreement to the Commission through the employee organization certified as the exclusive representative for the bargaining unit.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 2 - Collective Bargaining -- in General › Section 16-217 - 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 Commission employee, a group of Commission employees, or an employee organization may not engage in, induce, initiate, or ratify a strike by Commission employees.
(c)    If a strike occurs, a court of competent jurisdiction may enjoin the strike on request of the Commission.
(d)    An employee may not receive compensation from the Commission while the employee is engaged in a strike.
(e)    (1)    If an employee engages in, induces, initiates, or ratifies a strike, the Commission may take appropriate disciplinary action against the employee, including suspension or discharge.
(2)    If disciplinary action is taken and appealed, the labor relations administrator shall hold a hearing on the disciplinary action at which the Commission, the employee, and any interested employee organization may present evidence and argument.
(f)    (1)    If after a hearing an employee organization certified as an exclusive representative is found by the labor relations administrator to have assisted, authorized, or initiated a strike involving the refusal of Commission employees to report for work, the labor relations administrator shall revoke the certification of the employee organization for 1 year after the end of the strike.
(2)    If after a hearing an employee organization certified as an exclusive representative is found by the labor relations administrator to have assisted, authorized, or initiated any other type of strike, the labor relations administrator may revoke the certification of the employee organization for up to 1 year after the end of the strike.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 2 - Collective Bargaining -- in General › Section 16-218 - Unfair Labor Practices

(a)    It is an unfair labor practice for the Commission or an employee organization certified as an exclusive representative of a bargaining unit to violate the rights of a Commission employee under this subtitle.
(b)    Within 30 business days after the alleged violation, the party charging an unfair labor practice shall submit the charge in writing to the party alleged to have committed the unfair labor practice.
(c)    Within 15 days after an unfair labor practice charge is submitted, the Commission and the employee organization shall request the labor relations administrator to hold a hearing and determine whether an unfair labor practice has occurred.
(d)    The labor relations administrator shall:
(1)    issue a finding of facts and conclusion of law;
(2)    order the party found to have committed the unfair labor practice to cease and desist from the prohibited practice; and
(3)    order all relief necessary to remedy the violation of this subtitle and to otherwise make whole any injured employee or employee organization or the Commission, if injured, including reinstatement, restitution, back pay, or other remedy as necessary to restore the employee, the employee organization, or the Commission to the position or condition it would have been in but for the violation.
(e)    The labor relations administrator may not order punitive damages, consequential damages, damages for emotional distress, pain, and suffering, or attorney’s fees for purposes of satisfying subsection (d)(3) of this section.
(f)    If the labor relations administrator finds that the party charged has not committed an unfair labor practice, the labor relations administrator shall issue an order dismissing the charges.
(g)    (1)    Subject to paragraph (2) of this subsection, the decision of the labor relations administrator is final.
(2)    A party may seek judicial review of the decision on the basis that the decision is arbitrary, capricious, or exceeds the authority of the labor relations administrator.
(h)    The Commission and the employee organization shall share equally the costs of any unfair labor practice proceeding.
(i)    If the party found to have committed the unfair labor practice fails or refuses to comply with the decision of the labor relations administrator wholly or partly, the charging party may file an action to enforce the order with the circuit court of the county in which any of the involved employees work.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 2 - Collective Bargaining -- in General › Section 16-219 - Expression of Personal View, Argument, Opinion, or Statement

(a)    This section applies to the expression of any personal view, argument, or opinion or the making of any personal statement that:
(1)    (i)    publicizes the fact of a representational election and encourages employees to exercise their right to vote in the election;
(ii)    corrects the record with respect to any false or misleading statement made by any person; or
(iii)    informs employees of the Commission’s policy relating to labor–management relations and representation;
(2)    does not contain a threat of reprisal or force, or a promise of benefit; and
(3)    was not coerced.
(b)    The expression of any personal view, argument, opinion, or statement described in subsection (a) of this section does not constitute:
(1)    an unfair labor practice under this subtitle; or
(2)    grounds for setting aside any election conducted under this subtitle.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 3 - Collective Bargaining -- Police Officers › Section 16-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Arbitration” means a procedure by which the parties involved in a grievance submit their differences to an impartial third party for a final and binding decision.
(c)    “Bargaining unit” means all employees except a confidential employee.
(d)    “Collective bargaining” means the performance by the exclusive representative of the bargaining unit and the Commission of their mutual obligations to negotiate in good faith with respect to wages, hours, and other terms and conditions of employment.
(e)    “Collective bargaining agreement” means a written contract between the Commission and an employee organization implementing collective bargaining.
(f)    “Confidential employee” means an employee who:
(1)    acts in a confidential capacity and formulates and effectuates Commission policies that relate to collective bargaining with employees; or
(2)    has access to confidential information not generally available to employees regarding the formulation and effectuation of Commission policies that relate to collective bargaining.
(g)    “Employee” means a police officer who is ranked as a sergeant or below employed by the Commission.
(h)    “Employee organization” means an organization that has as one of its primary purposes representing employees in collective bargaining.
(i)    “Exclusive representative” means an employee organization that has been certified by the Labor Commissioner as representing the employees in the bargaining unit.
(j)    “Grievance” means a dispute concerning the application or interpretation of the terms of a collective bargaining agreement or the regulations of the Commission that relate to terms and conditions of employment.
(k)    “Impasse” means failure of the Commission and an exclusive representative to enter into a collective bargaining agreement at least 30 days before the day on which the Commission’s budget is due for submission to the Montgomery County Council and the Prince George’s County Council.
(l)    “Labor Commissioner” means the Commissioner of Labor and Industry or the Commissioner’s designee.
(m)    “Mediation” means assistance by an impartial third party to reconcile a dispute arising out of collective bargaining through interpretation, suggestion, and advice.
(n)    “Strike” means the action:
(1)    of an employee, in concert with others, to:
(i)    refuse to report to work;
(ii)    be willfully absent from the employee’s position;
(iii)    stop or slow down work; or
(iv)    abstain wholly or partially from the proper performance of duties; and
(2)    taken for the purpose of inducing, influencing, or coercing a change in wages, hours, or other terms and conditions of employment.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 3 - Collective Bargaining -- Police Officers › Section 16-302 - Employee Organization as Exclusive Representative of Bargaining Unit

(a)    The Commission shall recognize the right of an employee organization, certified under this subtitle as the exclusive representative of the bargaining unit, to represent the employees in the bargaining unit in collective bargaining and in the settlement of grievances.
(b)    An employee organization certified as the exclusive representative of a bargaining unit shall:
(1)    serve as the sole bargaining agent for the bargaining unit in collective bargaining; and
(2)    except as provided in subsection (c) of this section, represent all employees in the bargaining unit fairly and without discrimination.
(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, arbitration 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 § 16–317 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.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 3 - Collective Bargaining -- Police Officers › Section 16-303 - Labor Relations Administrator

(a)    (1)    Subject to paragraph (2) of this subsection, the Commission and the exclusive representative jointly shall appoint an experienced neutral party, from a list of five nominees on whom they have agreed, to serve as labor relations administrator for a 2–year term.
(2)    If an exclusive representative has not been certified to represent employees of the bargaining unit, the Commission shall appoint the labor relations administrator for a term not exceeding 1 year.
(b)    A labor relations administrator:
(1)    is eligible for reappointment; and
(2)    may be the same individual as the labor relations administrator appointed under § 16–203 of this title.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 3 - Collective Bargaining -- Police Officers › Section 16-304 - Constitution, Bylaws, and Annual Report of Employee Organization

(a)    An employee organization that is certified or that seeks certification as an exclusive representative under this subtitle shall:
(1)    file with the Commission and the Labor Commissioner a copy of the employee organization’s constitution and bylaws; and
(2)    report promptly any change in the constitution or bylaws.
(b)    The constitution or bylaws shall include:
(1)    a pledge that the employee organization accepts members without regard to age, race, gender, religion, marital status, or national origin;
(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 income and expenditures;
(6)    a requirement that an annual financial report be produced; and
(7)    the right of members to inspect the employee organization’s accounts.
(c)    An employee organization shall file an annual report with the Commission and the Labor Commissioner.
(d)    The annual report shall include a financial report that:
(1)    is signed by the president and treasurer or corresponding principal officers of the employee organization; and
(2)    contains information in detail sufficient to accurately disclose the financial condition and operations of the employee organization.
(e)    An employee organization that has not filed an annual report or the constitution and bylaws of which do not conform to the requirements of subsection (b) of this section may not be or remain certified as an exclusive representative under this subtitle.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 3 - Collective Bargaining -- Police Officers › Section 16-305 - Election of Exclusive Representative

(a)    (1)    A petition for an election of an exclusive representative may be submitted to the Labor Commissioner by:
(i)    an employee organization that demonstrates that at least 30% of the eligible employees in the bargaining unit support representation by an exclusive representative for collective bargaining;
(ii)    an employee, a group of employees, or an employee organization that demonstrates that at least 35% of the eligible employees in the bargaining unit certify that a majority of the eligible employees in the bargaining unit no longer support the current exclusive representative; or
(iii)    subject to paragraph (2) of this subsection, the Commission, demonstrating that one or more employee organizations have presented to it a claim, supported by substantial proof, to be certified as the exclusive representative.
(2)    The Labor Commissioner may accept a petition from the Commission only if the Labor Commissioner finds, on investigation of the petition, that a valid question of representation exists.
(b)    Elections shall be conducted by:
(1)    the Labor Commissioner; and
(2)    secret ballot.
(c)    Each ballot shall contain:
(1)    the name of each employee organization that submits a valid petition;
(2)    the name of any other employee organization supported by a valid petition signed by more than 10% of the eligible employees in the bargaining unit; and
(3)    an option for no representation.
(d)    (1)    If none of the choices on the ballot receives a majority of the votes cast, the Labor Commissioner shall conduct a runoff election.
(2)    In the runoff election, the ballot shall contain the two choices receiving the highest number of votes cast in the initial election.
(e)    (1)    After the election, the Labor Commissioner shall certify the employee organization that received a majority of the votes cast as the exclusive representative.
(2)    An employee organization may not be certified as an exclusive representative except as provided in this subtitle.
(f)    Elections may not be conducted within 2 years after a valid election held under this section.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 3 - Collective Bargaining -- Police Officers › Section 16-307 - Requirements and Procedures for Collective Bargaining

(a)    The Commission and the exclusive representative of the bargaining unit shall engage in collective bargaining.
(b)    Subsection (a) of this section does not require the Commission or the exclusive representative to agree to any proposal or to make any concession.
(c)    Collective bargaining may include negotiations about the terms of employee retirement systems but not about the hiring practices of the Commission.
(d)    (1)    (i)    Collective bargaining may not begin later than September 1 before the beginning of a fiscal year for which a collective bargaining agreement has not been reached between the Commission and the exclusive representative.
(ii)    Collective bargaining shall conclude on or before the following February 4 or any later date determined by mutual agreement of the parties.
(2)    During the period between the dates set in paragraph (1)(i) and (ii) of this subsection, the parties shall negotiate in good faith.
(e)    (1)    If a party to the collective bargaining considers a bargaining proposal to violate the responsibilities of the Commission under § 16–311(a) of this subtitle or the rights of employees under § 16–314 of this subtitle or to otherwise violate this subtitle, the party may petition the labor relations administrator for a determination of whether the bargaining proposal constitutes a negotiability dispute that violates this subtitle.
(2)    The labor relations administrator shall resolve a negotiability dispute in accordance with the procedures for resolving an unfair labor practice charge, except that the labor relations administrator may shorten the time periods or order any appropriate expedited procedures.
(3)    The labor relations administrator may order a party to withdraw all or part of a bargaining proposal that violates this subtitle.
(4)    Unless petitioned to judicial review on the basis that the decision or order is arbitrary, is capricious, or exceeds the authority of a party, any decision made or order issued under this section is final.
(f)    (1)    A mediator may be used during collective bargaining:
(i)    on request of both parties; or
(ii)    if an impasse exists, on request of either party.
(2)    The mediator shall be selected by the parties from a list supplied by the American Arbitration Association or the Federal Mediation and Conciliation Service.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 3 - Collective Bargaining -- Police Officers › Section 16-309 - Provisions of Collective Bargaining Agreement

(a)    The Commission and the exclusive representative shall execute a collective bargaining agreement incorporating all matters agreed.
(b)    A collective bargaining agreement may include a provision for:
(1)    dues and maintenance or service fees paid by payroll deduction; and
(2)    the arbitration of grievances arising under the collective bargaining agreement.
(c)    The collective bargaining agreement supersedes any conflicting rule, regulation, or administrative policy of the Commission.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 3 - Collective Bargaining -- Police Officers › Section 16-310 - Funding of Collective Bargaining Agreements

(a)    (1)    The economic provisions of a final collective bargaining agreement are subject to funding by the county councils of Montgomery County and Prince George’s County.
(2)    The Commission shall request funds in the Commission’s final budget from the county councils of Montgomery County and Prince George’s County for all economic provisions of a final collective bargaining agreement.
(b)    If the request for funds necessary to implement the collective bargaining agreement is reduced, modified, or rejected by the county councils of Montgomery County and Prince George’s County, the Commission or the exclusive representative, within 5 days after final budget action by the county councils, shall reopen the negotiated collective bargaining agreement and bargain with respect to the provisions of the collective bargaining agreement not approved by the county councils.
(c)    If a provision of a collective bargaining agreement is ruled invalid or is not funded by Montgomery County and Prince George’s County, the remainder of the collective bargaining agreement remains in effect unless reopened under subsection (b) of this section.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 3 - Collective Bargaining -- Police Officers › Section 16-311 - Impairment of Rights and Responsibilities of Commission

(a)    This subtitle and any collective bargaining agreement made under it may not impair the rights and responsibilities of the Commission to:
(1)    determine the overall budget and mission of the Commission;
(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 location of facilities and the overall organizational structure, methods, processes, means, job classifications, and personnel by which operations are to be performed;
(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 when the Commission determines continued work would be inefficient or nonproductive;
(8)    transfer and schedule employees;
(9)    determine the size, grades, and composition of the workforce;
(10)    set the standards of productivity and technology;
(11)    establish employee performance standards and evaluate and assign employees, except that evaluation and assignment procedures shall be a subject for collective bargaining;
(12)    establish and implement systems for awarding outstanding service increments, extraordinary performance awards, and other merit awards;
(13)    introduce new or improved technology, research development, and services;
(14)    control and regulate the use of machinery, equipment, and other property and facilities of the Commission, subject to negotiation related to matters affecting the health and safety of employees;
(15)    maintain internal security standards;
(16)    create, alter, combine, contract out, or abolish any job classification, operation, department, unit, or other division or service, subject to subsection (b) of this section;
(17)    suspend, discharge, or otherwise discipline employees for cause, subject to the grievance procedure set forth in a collective bargaining agreement; and
(18)    adopt and enforce regulations and policies necessary to carry out this section and all other managerial functions that are not inconsistent with federal or State law or the terms of a collective bargaining agreement.
(b)    The Commission may not sign a contract that will displace employees in the bargaining unit unless the Commission gives written notice to the exclusive representative of the bargaining unit at least 90 days before signing the contract or within a different period of time agreed to by the parties.
(c)    This section may not preclude or impair collective bargaining as to any subject matter included in any written collective bargaining agreement made between the Commission and the exclusive representative of the bargaining unit on or before December 31, 2001.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 3 - Collective Bargaining -- Police Officers › Section 16-312 - Prohibited Activities of Commission

(a)    The Commission, its agents, or its representatives may not:
(1)    interfere with, intimidate, restrain, coerce, or discriminate against an employee in the exercise of the employee’s rights under this subtitle;
(2)    dominate, interfere with, or assist in the formation, administration, or existence of an employee organization or contribute financial or other support to an employee organization;
(3)    encourage or discourage membership in an employee organization by discriminating against the employee through hiring, tenure, promotion or demotion, or any term or condition of employment;
(4)    discharge or otherwise discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given any information or testimony under this subtitle;
(5)    refuse to engage in collective bargaining in good faith with the exclusive representative of the bargaining unit as required by § 16–307(d)(2) of this subtitle; or
(6)    fail to comply with any provision of this subtitle.
(b)    Subsection (a)(2) of this section does not prohibit the Commission from allowing employees to negotiate or confer with an employee organization during work hours without loss of pay or time.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 3 - Collective Bargaining -- Police Officers › Section 16-313 - Prohibited Activities of Commission Employees or Employee Organization

An employee or an employee organization or its agents or representatives may not:
(1)    interfere with, intimidate, restrain, coerce, or discriminate against an employee in the exercise of the employee’s rights under this subtitle;
(2)    cause or attempt to cause the Commission to discriminate against an employee in violation of § 16–312(a)(3) of this subtitle;
(3)    refuse to engage in collective bargaining in good faith with the Commission as required by § 16–307(d)(2) of this subtitle if the employee organization has been certified as the exclusive representative of employees in the bargaining unit in accordance with § 16–305 of this subtitle;
(4)    engage in a strike in violation of § 16–315(a) of this subtitle; or
(5)    fail to comply with any provision of this subtitle.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 3 - Collective Bargaining -- Police Officers › Section 16-314 - Rights of Employees

(a)    Employees may:
(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; and
(4)    refrain from any of the activities described in this subsection.
(b)    (1)    An employee or group of employees in the bargaining unit may:
(i)    present to the Commission at any time a grievance arising under a collective bargaining agreement; and
(ii)    have the grievance adjusted without the intervention of the exclusive representative of the bargaining unit.
(2)    The Commission shall hear the grievance and participate in its adjustment.
(3)    An adjustment may not be inconsistent with the collective bargaining agreement.
(4)    The Commission shall give prompt notice of all adjustments to the exclusive representative.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 3 - Collective Bargaining -- Police Officers › Section 16-315 - Strikes

(a)    Employees may not engage in a strike.
(b)    If a strike occurs, a court of competent jurisdiction may enjoin the strike on request of the Commission.
(c)    An employee may not receive compensation from the Commission while the employee is engaged in a strike.
(d)    (1)    If an employee organization certified as an exclusive representative engages in a strike, the Labor Commissioner shall revoke its certification.
(2)    An employee organization that is decertified under paragraph (1) of this subsection or any other employee organization that engages in a strike is ineligible to be certified as an exclusive representative for 1 year after the end of the strike.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 3 - Collective Bargaining -- Police Officers › Section 16-316 - Service Fees

(a)    This subtitle does not preclude the Commission from entering into a collective bargaining agreement with an exclusive representative that requires an employee, as a condition of employment, to pay a maintenance or service fee as a contribution towards the cost of the negotiation and administration of the collective bargaining agreement.
(b)    A maintenance or service fee under subsection (a) of this section may not exceed the annual dues paid to the exclusive representative.
(c)    Before the Commission discharges an employee who fails to pay a maintenance or service fee, it shall give the employee:
(1)    written notice of the delinquent payment; and
(2)    adequate time to correct the delinquency.
(d)    If the Commission and an employee are unable to resolve any issue relating to the payment of a maintenance or service fee, the issue shall be submitted to an umpire in accordance with § 16–317 of this subtitle.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 3 - Collective Bargaining -- Police Officers › Section 16-318 - Expression of Viewpoint, Argument, or Opinion

If the expression does not contain a threat of reprisal or force, a promise of benefit, or a misrepresentation of fact, an expression of any view, argument, or opinion, whether oral or in written, printed, graphic, or visual form, does not constitute an unfair labor practice under this subtitle.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 4 - Service Contracts › Section 16-401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Adversely affect” means to:
(i)    eliminate more than two employee positions assigned to perform bargaining unit work if the positions are:
1.    authorized;
2.    fully funded; and
3.    A.    vacant for less than 90 days; or
B.    occupied at the time the Commission solicits a service contract; or
(ii)    permanently and involuntarily reduce:
1.    below the number of hours for regular full–time employment for more than five employees currently assigned to a regular full–time work schedule to perform bargaining unit work when the Commission solicits a service contract;
2.    the pay grade for more than five employees currently assigned to a regular full–time work schedule to perform bargaining unit work when the Commission solicits a service contract; or
3.    the base pay or fringe benefits otherwise applicable to a job classification covering more than five employees currently assigned on a full–time basis to perform bargaining unit work when the Commission solicits a service contract.
(2)    “Adversely affect” does not include an action the Commission takes in accordance with:
(i)    a bona fide disciplinary proceeding;
(ii)    an applicable collective bargaining agreement in accordance with Subtitle 2 of this title; or
(iii)    a reallocation or reassignment to another bargaining unit work or other duties that does not result in a change in job classification or grade.
(c)    “Bargaining unit work” means work duties assigned or allocated to a position occupied within the preceding 90 days by an employee who is represented by a certified representative.
(d)    “Certified representative” means an employee organization certified as an exclusive representative in accordance with Subtitle 2 of this title.
(e)    “Secretary–treasurer” means the secretary–treasurer of the Commission.
(f)    “Service contract” means a procurement contract for services that will be provided to the Commission.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 4 - Service Contracts › Section 16-403 - Certification of Compliance by Secretary-Treasurer

Before the Commission solicits a service contract under this subtitle, the secretary–treasurer shall certify that the Commission has complied with §§ 16–404 and 16–405 of this subtitle.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 4 - Service Contracts › Section 16-404 - Analysis and Estimates by Commission

(a)    The secretary–treasurer may not certify that the Commission complied with the requirements of this subtitle unless the Commission:
(1)    has taken steps to consider alternatives to the service contract, including reorganization, reevaluation of service, and reevaluation of performance;
(2)    has consulted with the certified representative of all employees of the Commission who will be adversely affected if the Commission enters into the service contract; and
(3)    has demonstrated, based on a cost comparison analysis and good faith estimates, that by entering into the service contract the Commission will save at least an amount equal to the lesser of $200,000 or 20% of the estimated net present value of the cost of the service contract.
(b)    The Commission shall estimate and compare at least the following in the cost comparison analysis:
(1)    direct costs, including fringe benefits and the assumption that the contractor will pay employees who perform work under the service contract at the lesser of the labor rate established as the county living wage rate for Montgomery County or Prince George’s County;
(2)    indirect overhead costs properly allocable to the bargaining unit work or service contract according to generally accepted accounting principles; and
(3)    costs associated with unemployment compensation or outplacement assistance for displaced employees.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 4 - Service Contracts › Section 16-405 - Plan of Outplacement Assistance

(a)    The Commission shall provide at least 60 days’ advance notice, and maintain at all times a formal plan of outplacement assistance, for each employee of the Commission who is represented by a certified representative and will be adversely affected by a service contract that is subject to this subtitle.
(b)    A plan described in subsection (a) of this section shall include:
(1)    efforts to transfer or place each adversely affected employee of the Commission in a vacant position of the Commission that the employee is qualified to perform;
(2)    inclusion of a requirement in the service contract that the contractor shall:
(i)    notify the Commission of each vacant position for which displaced employees of the Commission may apply; and
(ii)    consider and give preference to hiring displaced employees of the Commission; and
(3)    written notification of the anticipated adverse effect on one or more job classifications to the certified representative at least 90 days before the anticipated adverse effect will occur.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 4 - Service Contracts › Section 16-407 - Failure to Comply With Subtitle

(a)    If the Commission fails to comply with this subtitle and an employee of the Commission is adversely affected, the certified representative of the employee may file an appeal on the record on behalf of the employee before the State Office of Administrative Hearings in accordance with the contested case provisions of the Administrative Procedure Act, Title 10, Subtitle 2 of the State Government Article.
(b)    (1)    If the administrative law judge finds that the Commission was arbitrary and capricious in soliciting or entering into a service contract that is subject to this subtitle, and the employee of the Commission has been adversely affected, the administrative law judge may award the employee actual damages for back pay and front pay for a combined period of up to 2 years beginning on the date the employee was first adversely affected.
(2)    The employee is obligated to mitigate the actual damages.
(3)    An award of actual damages authorized under this subsection shall be the sole and exclusive remedy for a violation of this subtitle that is available to the employee, and liability may not accrue for punitive damages, consequential damages, or damages for emotional distress or pain and suffering.
(c)    Noncompliance with this subtitle may not invalidate a contract award or proposed contract award that the Commission has otherwise validly awarded or issued.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 5 - Prince George's County Parks and Recreation Employees › Section 16-501 - "Full-Time Park Employee" Defined

In this subtitle, “full–time park employee” means an individual employed by the county Parks and Recreation Department who:
(1)    works at least 37.5 hours each week, excluding Commission holidays; and
(2)    has been employed by the Department for more than 1 year without interruption.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 5 - Prince George's County Parks and Recreation Employees › Section 16-505 - Full-Time Park Employees

(a)    The county planning board shall employ full–time park employees under the Commission’s merit system, as provided in Subtitle 1 of this title.
(b)    Full–time park employees shall receive the same employment benefits that other employees receive under the Commission’s merit system, including:
(1)    annual leave;
(2)    sick leave;
(3)    health benefits; and
(4)    retirement benefits.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 5 - Prince George's County Parks and Recreation Employees › Section 16-506 - Part-Time and Temporary Employees; Volunteers

(a)    The county planning board may employ part–time or temporary employees for a period of time and at a salary as the county planning board may determine.
(b)    The county planning board may accept the services of volunteers without compensation.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 16 - Employment › Subtitle 5 - Prince George's County Parks and Recreation Employees › Section 16-507 - Employees Employed on July 1, 1970

(a)    Employees employed by the recreation department on July 1, 1970, who are employed under the county merit system shall be employed by the Commission:
(1)    to further the functions and programs of Title 25, Subtitle 8 of this article;
(2)    in a position classification that the county planning board may establish; and
(3)    at a pay grade not less than that held by the employee under the county merit system.
(b)    Employees transferred to the Commission under this subtitle shall be given credit for sick and annual leave accrued under the county merit system and for any other benefits, privileges, and rights accrued while employed by the county.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 17 - Powers and Property › Subtitle 1 - Property Acquisition › Part I - General Provisions › Section 17-101 - Authorized

(a)    The Commission may acquire property for the purposes stated in subsection (b) of this section to carry out the Commission’s general plan for the physical development of the metropolitan district.
(b)    The purposes for acquisition include:
(1)    in the metropolitan district:
(i)    parks;
(ii)    forests;
(iii)    roads; and
(iv)    other public ways, grounds, and spaces; and
(2)    public recreation, including the construction of public recreation centers, community buildings, or other public buildings necessary to house a public recreation program.
(c)    The Commission:
(1)    may improve and develop property that it acquires under this section for the purposes stated in subsection (b) of this section; and
(2)    controls the maintenance and operation of the property.
(d)    A general regulation governing property acquired for a purpose under subsection (b)(1) of this section in either county may not take effect until the regulation receives the affirmative vote of at least three members of the Commission from that county.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 17 - Powers and Property › Subtitle 1 - Property Acquisition › Part I - General Provisions › Section 17-102 - Construction Near Rock Creek

(a)    This section is for the purpose of preserving and enhancing the scenic beauty of Rock Creek.
(b)    Notwithstanding any power of the Commission to acquire property, without the approval of the majority of the members of the Montgomery County Council, on or after July 1, 1969, the Commission may not construct a new road adjacent to Rock Creek within 1500 feet from the banks of the creek.
(c)    This section may not be construed to prohibit the construction of a bridge or road necessary to cross Rock Creek.