# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 33. Personnel and Human Resources.

### Article IV. Employer-Employee Relations.

**Sec. 33-62. Reserved.**

**Sec. 33-63. Definitions.**

  For the purposes of this article, the following words and phrases have the meanings indicated:

    (1)   Certification: The procedure by which an employee organization is selected and recognized to represent the employee unit.

    (2)   Decertification: The procedure by which the chief administrative officer withdraws county recognition of the employee organization with or without an election by the employees of the unit.

    (3)   Employee: Any state-county merit system employee except persons described in subparagraphs 33-102(4) a, c, d, e, m, n, r and s of article VII of this chapter.

    (4)   Employee organization: Any organization that admits employees to membership and that has as a primary purpose the representation of employees in collective bargaining or meet and confer representation or both.

    (5)   Employee unit or unit: All employees as defined in subsection 33-63(3) of this chapter.

    (6)   Position paper: A nonbinding written memorandum reflecting all items discussed by the county and the employee organization.

    (7)   State-county merit system employee: A state merit system employee whose salary is supplemented by the county.

**Sec. 33-64. Employee rights.**

  (a)   An employee shall have the right, freely and without fear of penalty or reprisal, to form, join or assist and be represented by an employee organization or to refrain from any such activity.

  (b)   The employees have the right to be represented by an employee organization, including the right to meet with representatives of the county concerning conditions of employment and the resolution of grievances.

  (c)   Nothing in this article shall preclude the rights of an employee to pursue an individual grievance through established administrative procedures or through appeal to the personnel board, in that nothing in this article shall circumvent or shall be deemed to supersede or annul the provisions of the laws of the state, the county charter, or the laws and ordinances of the county, including the personnel regulations.

  (d)   An employee who is not a member of an employee organization must never be required to become a member of an employee organization or to pay money to an employee organization except on a purely voluntary basis.

**Sec. 33-65. Procedures for certification of an employee organization.**

  (a)   The chief administrative officer, upon petition of an employee organization showing written evidence of interest by at least thirty (30) percent of the employees of the unit, shall arrange for the conducting of a secret ballot election to determine whether the employees desire such organization to act as their representative.  Following such petition, the chief administrative officer shall give an appropriate notice to the employees.

  (b)   An employee organization seeking to represent the unit shall submit to the personnel office a roster of its officers and representatives, a copy of its constitution and bylaws, and a schedule of dues for its members.

  (c)   Eligibility to vote in any election for choice of an official representative shall be limited to persons who are employees as of the beginning of the pay period preceding the election date.

  (d)   Elections will be conducted by the personnel office, which may use the services of the state division of labor and industry or any other third party having similar qualifications.

  (e)   The ballot shall contain the name of any additional employee organization showing timely written evidence of interest by at least ten (10) percent of the employees within the unit.  In every instance, the ballot shall contain a provision for a marking of "no representation."  Where more than one (1) employee organization is on the ballot and no one (1) of the organizations receives a majority vote of the employees voting, a runoff election shall be held.  The runoff election shall contain the two (2) choices which received the largest and second largest number of votes in the original election.

  (f)   When an organization receives at least fifty (50) percent of valid votes cast in the election, the chief administrative officer shall certify it as the official employee organization for the unit.  If the majority vote is for "no representation," the chief administrative officer shall so certify.

  (g)   If, during the thirty (30) days following the effective date of this revised article*, a petition is filed by the incumbent meet and confer representative of unit employees certified under the prior article IV of this chapter, and no other employee organization files a valid petition, and no petition calling for an election signed by twenty (20) percent of unit employees has been filed with the chief administrative officer, the incumbent certified representative shall be certified without an election, provided it produces evidence, acceptable to the chief administrative officer and dated after the enactment of this revised article [June 24, 1986], that a majority of the employees in the unit desire to be represented by the incumbent representative for the purposes of meet and confer representation under the provisions of this revised article.

  (h)   The county shall recognize as the official employee relations representative an employee organization that has been selected in accordance with the procedures outlined in this section.

  (i)   Recognizing an employee organization does not preclude the county from dealing with religious, social, fraternal, professional, or other lawful associations with respect to matters or policies that involve individual members of the associations or are of particular applicability to it or its members.

  (j)   No question concerning certification may be raised by an employee or an employee organization within one (1) year of the date of certification of an employee organization or the date that a majority of the employees voting voted for no representation.

  (k)   The county may, after discussions with an employee organization and on the basis of written authorization from each employee, provide for deduction from the pay of such employee monies in payment of membership dues in a duly certified employee organization. Such monies shall be remitted to the employee organization.

**Sec. 33-66. Procedure for decertification of employee organizations.**

  (a)   An employee organization shall be subject to decertification when thirty (30) percent of the employees in the employee unit petition for the employee organization to be decertified. The procedures for determining whether, in fact, an employee organization shall be decertified shall be the same as those prescribed in section 33-65 for the certification of an employee organization, except as provided in subsection (b) of this section.

  (b)   If an employee organization fails to adhere to any of the provisions of section 33-72 dealing with employee organization responsibilities, then:

    (1)   Its certification may be revoked by the chief administrative officer after notice and an opportunity to be heard; and

    (2)   It may be disqualified by the chief administrative officer from participating in representation elections for a period of up to two (2) years after notice and an opportunity to be heard.

**Sec. 33-67. Costs of conducting elections.**

  Any cost of conducting a secret ballot election under this article shall be borne fifty (50) percent by the county and fifty (50) percent borne equally by the employee organization(s) whose names(s) appear on the ballots.

**Sec. 33-68. County-employee organization meetings and discussions.**

  (a)   An employee organization that has been recognized by the county under section 33-65 of this article shall be entitled to meet at reasonable times with county representatives to discuss with such representatives personnel policies, practices and matters affecting working conditions of the employee unit it represents, so far as discussions may be appropriate under existing laws or regulations.  The county shall meet at least two (2) times annually with the certified employee organization.

  (b)   The requirement to meet shall not obligate either the county or the employee organization to agree to any proposal or to make any concession with respect to any matter discussed by the parties at such a meeting.  Any decision made at any such meeting is in no way binding upon the parties.

  (c)   The county and the employee organization may, if desired, and at the conclusion of their discussions, jointly or separately, prepare written position papers that reflect for future reference the respective positions of the parties on the issues discussed at such meetings.  Such position papers shall in no way legally bind any party to the matters expressed in them, and the county shall not be obligated to concur in a position paper addressing the inherent right to manage the county government.

**Sec. 33-69. Employee organization representation of employee members.**

  (a)   An employee who is a member of the employee organization may request and shall be granted the right for a member or representative of such organization to be present in any discussions or counseling with county representatives concerning an individual grievance.

  (b)   The employee organization may submit a grievance concerning any dispute involving a claim of violation, misinterpretation, or misapplication of the personnel regulations or work practices of the county on the same basis as provided for individual grievances.

**Sec. 33-70. Disputed.**

  All decisions of the chief administrative officer under the provisions of this article shall be final, subject to appeal to the merit system protection board where provided by law.

**Sec. 33-71. County responsibilities.**

  It shall be the responsibility of the county not to:

  (a)   Interfere with, restrain, or coerce an employee in the exercise of the rights assured by this article;

  (b)   Encourage or discourage membership in an employee organization by discrimination in regard to hiring, tenure, promotion, or other conditions of employment;

  (c)   Sponsor, control, or otherwise assist the employee organization; except that the county may furnish customary and routine services and facilities when consistent with the best interest of the county, its employees, and the organization, and when the services and facilities are furnished, if requested, on an impartial basis to organizations having equivalent status;

  (d)   Refuse to accord appropriate recognition to the employee organization qualified for such recognition; or

  (e)   Refuse to consult, confer, or meet with an employee organization certified under this article.

**Sec. 33-72. Employee organization responsibilities.**

  It shall be the responsibility of every employee organization not to:

  (a)   Interfere with, restrain or coerce an employee in the exercise of the rights assured by this article;

  (b)   Attempt to induce the county to coerce an employee in the exercise of the rights under this article;

  (c)   Coerce, attempt to coerce, or discipline, fine, or take other economic sanction against an employee member of an employee organization as punishment or reprisal, or for the purpose of hindering or impeding work performance or the discharge of duties owed as an employee of the county;

  (d)   Call or engage in a strike, work stoppage, or slowdown, picket the county in connection with a strike, work stoppage, or slowdown in a county-employee dispute, or condone any such activity by failing to take affirmative action to prevent or stop it;

  (e)   Discriminate against an employee with regard to the terms or conditions of membership because of race, color, religion, creed, sex, age, national origin, ancestry, or marital status, as defined in Chapter 27.

**Sec. 33-73. Reserved.**

**Sec. 33-74. Cost-of-living adjustment.**

  (a)   The county executive shall provide as a part of the annual recommended operating budget for the county government sufficient funds to implement the cost-of-living adjustment required by this section. The council shall accord one of the highest priorities to the full funding of the cost-of-living adjustment, shall fund fully the seventy-five (75) percent of Consumer Price Index cost-of-living adjustment unless reasons are given for not doing so, and shall make a finding in the budget resolution as to the extent to which full funding is achieved. Unless otherwise provided in the approved budget resolution which includes a finding that implementation of the full amount of the adjustment would necessitate substantial layoffs of personnel or result in other widespread hardship to county government employees, the chief administrative officer shall adjust the uniform salary plan for all classified employees of the county government beginning the first pay period on or after July 1 of each year by an amount not less than seventy-five (75) percent of the change in the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, although pay grades 1 through 4 of the uniform salary plan to which minimum wage and certain seasonal employees are assigned will be adjusted by changes in the minimum wage rates and salary surveys to determine the competitiveness of such salaries. The percentage change shall be based on the latest published index for the calendar year preceding the fiscal year in which the adjustment is to be paid.

The chief administrative officer may adjust the uniform salary plan in excess of the base percentage of seventy-five (75) percent, provided funds are available and approved by the county council for such purpose.

  (b)   Notwithstanding the provisions in (a) above, for fiscal year 1984 only, the following salary controls shall apply:

    (1)   The chief administrative officer shall adjust the salary maxima in effect as of June 30, 1983 for grades 5 through 37 by the full cost-of-living granted by the county council.

    (2)   The salary maxima for grades 38, 39 and 40 shall be sixty-eight thousand dollars ($68,000.00), sixty-nine thousand dollars ($69,000.00) and seventy thousand dollars ($70,000.00), respectively.

    (3)   The salary for all merit employees will be adjusted by the full cost-of-living granted by the county council to the extent that such salary adjustment does not exceed the maximum of the employee’s grade.

  (c)   The provisions of this section shall not apply to an employee of the police department, as defined in section 33-76 of this chapter, who is represented by a certified employee organization pursuant to the provisions of article V, title "Police Labor Relations," of this chapter.

  (d)   This section is automatically repealed upon certification that the county merit system employees in the units established under article VII are represented for the purpose of collective bargaining under article VII of this chapter.