Sec. 11B-91. Labor Peace Agreement – Residential Waste or Recycling Collection.
Montgomery County, Md., Code § 11B-91 (2026)
Sec. 11B-91. Labor Peace Agreement – Residential Waste or Recycling Collection.LinkCopy Citation
(a)
Determination. Before issuing a solicitation for a covered contract, the Director must determine if a labor peace agreement would be in the best interest of the County after considering:
(1)
the duration of the contract;
(2)
the adverse financial or economic impact of any disruption in services;
(3)
the cost associated with finding replacement services;
(4)
the risk of disruption of services;
(5)
the history of strikes or lockouts disrupting County services provided by the contract;
(6)
the potential adverse effect of a labor peace provision on competition for the contract; and
(7)
any other factors affecting the public interest.
(b)
Approval. If the Director finds that a labor peace provision is in the best interest of the County for this covered contract, the Director must recommend the inclusion of a labor peace provision to the Chief Administrative Officer in writing. If the Chief Administrative Officer approves a recommendation to include a labor peace provision in the contract, the Director must include a labor peace provision in the solicitation for bids or proposals.
(c)
Implementation.
(1)
If the covered contract documents require a labor peace agreement, the contractor awarded the contract must execute a labor peace agreement with a labor organization within sixty (60) days after the later of:
(A)
receiving the notice of award from the County; or
(B)
receiving a request for a labor peace agreement from a labor organization that already represents or seeks to represent the employees performing services under the covered contract.
(2)
The contractor may satisfy this requirement by executing a:
(A)
preliminary Labor Peace Agreement covering labor disputes over the representation of employees performing services under a covered contract by a labor organization that is designed to be supplanted by a comprehensive collective bargaining agreement;
(B)
comprehensive collective bargaining agreement; or
(C)
documenting that no labor organization requested a labor peace agreement or that a labor organization refused to negotiate a labor peace agreement in good faith.
(d)
Enforcement. The Director may impose appropriate sanctions and remedies against a contractor for a violation of this Article as provided in applicable regulations or by contract, including termination for default.