This subtitle does not apply to: an attorney in the General Counsel’s office; an employee who assists or acts in a confidential capacity for an individual who formulates, determines, or carries out management policies in the field of labor-management relations; a Montgomery Commission merit system employee during the employee’s initial probationary period; or a supervisor, as defined in § 2(11) of the National Labor Relations Act, 29 U.S.C. § 152(11).

Montgomery Commission employees are divided into two bargaining units: the office/professional/technical unit; and the service/labor/trade unit. The office/professional/technical unit includes: office classification titles in which employees are responsible for communications, recording and retrieving information, and paperwork required in an office; professional classification titles in which employees have special or theoretical knowledge that usually is acquired through college training, other training that provides comparable knowledge, or work experience; paraprofessional classification titles in which employees perform, in a supportive role, some duties of a professional or technician that usually require less formal training or experience than those duties performed by those with professional or technical status; and technical classification titles in which employees have both basic scientific or technical knowledge and manual skill that are usually acquired through specialized postsecondary school education or through equivalent on-the-job training. The service/labor/trade unit includes: classification titles in which employees: perform service and maintenance; may operate specialized machinery or heavy equipment; and have duties that contribute to the comfort and convenience of the public or to the upkeep and care of Montgomery Commission buildings, facilities, or grounds; and classification titles in which employees must have a special manual skill and thorough knowledge of processes that are acquired through on-the-job training, experience, apprenticeship, or formal training programs.

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. 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. An employee organization certified as the exclusive representative of a bargaining unit shall: serve as the only bargaining agent for the unit in collective bargaining; and except as provided in subsection (c) of this section, represent all employees in the unit fairly and without discrimination. 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. The exclusive representative may require an employee who does not pay membership dues or equivalent fees to pay: 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 any anticipated proportional costs and fees before a grievance is filed or arbitration is pursued. 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. 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. 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. 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.

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. The term of the labor relations administrator is 5 years. A labor relations administrator is eligible for reappointment.

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. The constitution or bylaws shall include: a pledge that the employee organization accepts members without regard to age, marital status, national origin, race, religion, disabilities, sex, sexual orientation, or gender identity; the right of members to participate in the affairs of the employee organization; procedures for periodic elections of officers by secret ballot; fair procedures governing disciplinary actions; procedures for the accurate accounting of all income and expenditures; a requirement that a certified annual financial report be produced; and the right of members to inspect the employee organization’s accounts.

The labor relations administrator shall hold an election for an exclusive representative after: an employee organization shows by petition that at least 30% of the eligible employees in a bargaining unit support representation by an exclusive representative for collective bargaining; or an employee or an employee organization shows by petition that at least 30% of the eligible employees in a bargaining unit no longer support the current exclusive representative. Elections may not be held: within 1 year after the date of an election under this subtitle; or except as provided in paragraph (2) of this subsection, during the term of a collective bargaining agreement. During the term of a collective bargaining agreement, a petition for an election may be filed only in November of the fiscal year in which the agreement expires. At least 30 days before an election under subsection (a) of this section, the labor relations administrator shall get from the Montgomery Commission and provide to the employee organization a list of the name, home address, and telephone number of each employee in the bargaining unit. Providing a list under this subsection by the Montgomery Commission, the labor relations administrator, or any Montgomery Commission officials, employees, or other agents does not violate § 4–331 of the General Provisions Article or any State or local law. An election shall be held by secret ballot. The ballot shall contain: the name of each employee organization that submits a valid petition for an election; the name of any other employee organization supported by a petition signed by at least 10% of the eligible employees in the bargaining unit; and an option for no representation. If a petition described in subsection (a)(1) is submitted at the same time that a petition described in subsection (a)(2) is submitted, one election shall be held to determine which employee organization, if any, shall be the exclusive representative. The ballot shall contain: the name of the current certified employee organization; the name of the petitioning employee organization; and a provision for “No representation”. If none of the choices on the ballot receives a majority of the votes, the labor relations administrator shall hold a runoff election between the two choices receiving the most votes. After the election, the labor relations administrator shall certify the employee organization with the most votes as the exclusive representative. If the petitioning employee organization is certified as a result of an election carried out under subsection (f) of this section, that employee organization shall be treated as a successor in interest and party to any collective bargaining agreement to which the previous employee organization was a party. The Montgomery Commission and the employee organization shall share the costs of the election procedures equally.

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. 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. The labor relations administrator shall hold evidentiary hearings at which the Montgomery Commission and interested employee organizations shall have the opportunity to present: testimony; documentary and other evidence; and arguments. The decision of the labor relations administrator is final. The Montgomery Commission and the employee organization shall share the costs of the hearings equally.

The Montgomery Commission and an employee organization certified as exclusive representative shall meet and engage in collective bargaining in good faith about: 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; pension and other retirement benefits for active employees; employee benefits such as insurance, leave, holidays, and vacations; hours and working conditions; matters affecting the health and safety of employees; the effect of the exercise of the Montgomery Commission’s rights and responsibilities under § 16-314 of this subtitle on employees; and provisions for orderly processing and settling grievances about the interpretation and implementation of a collective bargaining agreement that may include: provisions for the exclusivity of forum; binding third party arbitration, if: the Montgomery Commission and the employee organization share the costs of binding arbitration equally; and the arbitrator does not have authority to amend, add to, or subtract from the collective bargaining agreement. This section does not require the Montgomery Commission or the employee organization to agree to any proposal or to make any concession. The Montgomery Commission and an employee organization certified as exclusive representative: 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 shall complete collective bargaining on or before the following February 1. During the period set forth in paragraph (1) of this subsection, the parties shall negotiate in good faith.

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.

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. 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. The labor relations administrator may shorten the time periods or order any expedited procedure appropriate under the circumstances. The labor relations administrator may order a party to withdraw all or part of a bargaining proposal that contravenes this subtitle. A decision and order under this section is final unless it is appealed for being arbitrary, capricious, or exceeding the authority of a party.

If the parties have not reached an agreement on or before December 1 on a collective bargaining agreement that would become effective the following July 1, the parties shall jointly appoint a mediator–arbitrator panel. If the parties are unable to agree on a jointly appointed mediator–arbitrator as required under § 16–311 of this subtitle, the labor relations administrator shall name the jointly appointed mediator–arbitrator on or before December 7. Notwithstanding appointment of the mediator–arbitrator panel, this subsection does not require beginning mediation–arbitration before the date set forth in subsection (b)(2) of this section. During the collective bargaining: either party may declare an impasse and request the services of the mediator–arbitrator panel; or the parties may jointly request the services of a mediator–arbitrator panel before an impasse is declared. If the mediator–arbitrator panel finds in the discretion of the panel that the parties are at a bona fide impasse, or on February 1, if they still have not agreed on a contract, whichever happens first, the mediator–arbitrator panel shall require the parties to submit: a joint memorandum listing all items to which the parties have previously agreed; and a separate memorandum of the party’s last final offer presented in negotiations on all items to which the parties have not previously agreed. On or before February 10, if the parties have not agreed on a contract, the mediator–arbitrator panel shall hold a nonpublic hearing on the parties’ proposals at a time, date, and place chosen by the mediator–arbitrator panel. Each party shall submit evidence or make oral and written argument in support of the party’s last final offer. The mediator–arbitrator panel may not open the hearing to a person who is not a party to the mediation–arbitration. On or before February 15, the mediator–arbitrator panel shall issue a report choosing the final offer that the mediator–arbitrator panel determines to be more reasonable when viewed as a whole. Subject to paragraph (3) of this subsection, in determining the more reasonable offer, the mediator–arbitrator panel may consider only: past collective bargaining contracts between the parties, including the bargaining history that led to the agreement or the precollective bargaining history of employee wages, hours, benefits, and other working conditions; a comparison of wages, hours, benefits, and conditions of employment of similar employees of other public employers in the Washington Metropolitan Area and in the State; a comparison of wages, hours, benefits, and conditions of employment of similar employees of private employers in Montgomery County; the public interest and welfare; the ability of the employer to finance any economic adjustments required under the proposed agreement; the effects of any economic adjustments on the standard of public services normally provided by the employer; and the annual increase or decrease in consumer prices for all items as shown in the most recent Consumer Price Index – Wage Earners and Clerical Workers (“CPI–W”) for the Washington Metropolitan Area. In considering the terms and conditions of the final offer regarding wages, the mediator–arbitrator panel shall first consider and give the highest priority to the ability of the Montgomery Commission to pay for additional short–term and long–term expenses by considering: the limits on the ability of the Montgomery Commission to raise revenue; the added burden raising revenue would have on customers of the Montgomery Commission; and the ability of the Montgomery Commission to continue providing the current level of service to its customers. In determining the more reasonable offer, the mediator–arbitrator panel shall consider that all items on which the parties agreed before the mediation–arbitration are integrated with each offer. The mediator–arbitrator panel may not receive or consider the history of collective bargaining relating to the immediate dispute, including any offers of settlement not contained in the offer submitted to the mediator–arbitrator panel. The mediator–arbitrator panel may not compromise or alter the final offer that the mediator–arbitrator panel chooses. Subject to paragraphs (2) and (5) of this subsection and without ratification by the parties, the offer that the mediator–arbitrator panel chooses as integrated with the items on which the parties previously agreed is the final agreement between the Montgomery Commission and the exclusive representative. The economic provisions of the final agreement are subject to funding by the Montgomery Commission. Except as provided in paragraph (5) of this subsection, the Montgomery Commission shall appropriate money in the Montgomery Commission’s final budget for all economic provisions of the final agreement. The parties shall execute an agreement that incorporates the final agreement, including arbitration awards and all issues agreed to under this section. On or before April 1 or a later date determined by mutual agreement of the parties due to extenuating circumstances, the Executive Director of the Montgomery Commission shall submit to the Montgomery Commission any term or condition of the final offer that requires: an appropriation of funds or that may result in a present or future fiscal impact on the Montgomery Commission or its customers; or action by the Montgomery Commission to implement the collective bargaining agreement. The Montgomery Commission may accept or reject all or part of any term or condition that the Executive Director is required to submit under subparagraph (i) of this paragraph. The Montgomery Commission and the employee organization shall share the costs of the mediator–arbitrator panel’s services equally.

During the term of a collective bargaining agreement: either party may declare an impasse and request the services of a mediator–arbitrator; and the parties jointly may request the services of a mediator–arbitrator at any time without declaring an impasse. If the services of a mediator–arbitrator are requested, the parties jointly shall appoint a mediator–arbitrator. If the parties are unable to agree on a jointly appointed mediator–arbitrator as required under § 16–311 of this subtitle, the labor relations administrator shall name the jointly appointed mediator–arbitrator within 7 days after the services of a mediator–arbitrator were requested. If the mediator–arbitrator finds in the discretion of the mediator–arbitrator that the parties are in a bona fide impasse, the mediator–arbitrator shall require each party to submit a separate memorandum of the party’s last final offer presented in negotiations on items with regard to which the parties are in dispute. Within 10 days after the submission of the memorandum required under subsection (c) of this section, the mediator–arbitrator shall hold a nonpublic hearing on the parties’ offers at a time, date, and place chosen by the mediator–arbitrator. Each party shall submit evidence or make oral and written argument in support of the party’s last final offer. The mediator–arbitrator may not open the hearing to a person who is not a party to the mediation–arbitration. Within 5 days after the hearing required under subsection (d)(1) of this section, the mediator–arbitrator shall issue a report choosing the final offer that the mediator–arbitrator determines to be more reasonable when viewed as a whole. Subject to paragraph (3) of this subsection, in determining the more reasonable offer, the mediator–arbitrator may consider only: past collective bargaining contracts between the parties, including the bargaining history that led to the agreement or the precollective bargaining history of employee wages, hours, benefits, and other working conditions; a comparison of wages, hours, benefits, and conditions of employment of similar employees of other public employers in the Washington Metropolitan Area and in the State; a comparison of wages, hours, benefits, and conditions of employment of similar employees of private employers in Montgomery County; the public interest and welfare; the ability of the employer to finance any economic adjustments required under the proposed agreement; the effects of any economic adjustments on the standard of public services normally provided by the employer; and the annual increase or decrease in consumer prices for all items as shown in the most recent Consumer Price Index – Wage Earners and Clerical Workers (“CPI–W”) for the Washington Metropolitan Area. In considering the terms and conditions of the final offer, the mediator–arbitrator shall first consider and give the highest priority to the ability of the Montgomery Commission to pay for additional short–term and long–term expenses by considering: the limits on the ability of the Montgomery Commission to raise revenue; the added burden raising revenue would have on customers of the Montgomery Commission; and the ability of the Montgomery Commission to continue providing the current level of service to its customers. In determining the more reasonable offer, the mediator–arbitrator shall consider that all items on which the parties agreed before the mediation–arbitration are integrated with each offer. The mediator–arbitrator may not receive or consider the history of collective bargaining relating to the immediate dispute, including any offers of settlement not contained in the offer submitted to the mediator–arbitrator. The mediator–arbitrator may not compromise or alter the final offer that the mediator–arbitrator chooses. Subject to paragraphs (2) and (5) of this subsection and without ratification by the parties, the offer that the mediator–arbitrator chooses as integrated with the items on which the parties previously agreed is the final agreement between the Montgomery Commission and the exclusive representative. The economic provisions of the final agreement are subject to funding by the Montgomery Commission. Except as provided in paragraph (5) of this subsection, the Montgomery Commission shall appropriate money in the Montgomery Commission’s final budget for all economic provisions of the final agreement. The parties shall execute an agreement that incorporates the final agreement, including arbitration awards and all issues agreed to under this section. Within 45 days after the execution of an agreement under paragraph (4) of this subsection or on a later date determined by mutual agreement of the parties due to extenuating circumstances, the Executive Director of the Montgomery Commission shall submit to the Montgomery Commission any term or condition of the final offer that requires: an appropriation of funds or that may result in a present or future fiscal impact on the Montgomery Commission or its customers; or action by the Montgomery Commission to implement the collective bargaining agreement. The Montgomery Commission may accept or reject all or part of any term or condition that the Executive Director is required to submit under subparagraph (i) of this paragraph. The Montgomery Commission and the employee organization shall share equally the costs of the mediator–arbitrator’s services.

A mediator panel may be used in collective bargaining when: the Montgomery Commission and the employee organization agree to mediation; or an impasse results, and the Montgomery Commission or the employee organization requests mediation. The Montgomery Commission and the employee organization shall: each choose one mediator from a list supplied by the American Arbitration Association or the Federal Mediation and Conciliation Service; and together choose a third mediator from a list supplied by the American Arbitration Association or the Federal Mediation and Conciliation Service. If the Montgomery Commission and the employee organization cannot agree on a jointly appointed mediator, the labor relations administrator shall choose the third mediator. The Montgomery Commission and the employee organization shall share the costs of mediation equally.

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. If a collective bargaining agreement provides for a grievance procedure, that grievance procedure shall be the only procedure for employees in the bargaining unit. The collective bargaining agreement may include an agency shop or other union security provision. The collective bargaining agreement supersedes any conflicting regulation or administrative policy of the Montgomery Commission. A collective bargaining agreement takes effect on the approval of the Montgomery Commission and the membership of the employee organization representing the bargaining unit. A single year or multiple–year collective bargaining agreement shall expire at the close of the appropriate fiscal year. 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.

The Montgomery Commission shall include in its annual proposed operating budget adequate funding to carry out a collective bargaining agreement. 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. The bargaining shall begin within 5 days after the final budget of the Montgomery Commission has been adopted.

This subtitle and any agreement made under it do not impair the right and duty of the Montgomery Commission to: determine the budget and mission of the Montgomery Commission; maintain and improve the efficiency and effectiveness of operations; determine the services to be rendered and the operations to be performed; determine the location of facilities and the organizational structure, methods, processes, means, job classifications, and personnel by which operations are to be conducted; direct and supervise employees; hire, choose, and establish the standards governing promotion of employees, and classify positions; relieve employees from duties because of lack of work or money or when the Montgomery Commission determines that continued work would be inefficient or nonproductive; take action to carry out the missions of government in emergencies; transfer and schedule employees; determine the size, grades, and composition of the workforce; set the standards of productivity and technology; establish employee performance standards and evaluate and assign employees, except that evaluation and assignment procedures shall be a subject for bargaining; make and carry out systems for awarding outstanding service increments, extraordinary performance awards, and other merit awards; introduce new or improved technology, research, development, and services; control and regulate the use of machinery, equipment, and other property and facilities of the Montgomery Commission, subject to § 16–308(a)(5) of this subtitle; maintain internal security standards; suspend, discharge, or otherwise discipline employees for cause, subject to the grievance procedure set forth in the collective bargaining agreement; and issue and enforce rules, policies, and regulations necessary to carry out this subsection and all other managerial functions that are not inconsistent with this Division II, federal or State law, or the terms of a collective bargaining agreement. Subject to subparagraph (ii) of this paragraph, this subtitle and any agreement made under it do not impair the right and responsibility of the Montgomery Commission to create, alter, combine, contract out, or abolish a job classification, department, operation, unit, or other division or service. The Montgomery Commission may undertake the contracting of work that will displace employees only if the Montgomery Commission gives written notice to the certified representative at least 90 days before signing the contract or within a different period that is agreed to by the parties. The Montgomery Commission may not: interfere with, coerce, or restrain an employee in the exercise of rights under this subtitle; dominate, interfere with, or assist in the formation, administration, or existence of any employee organization or contribute financial assistance or other support to an employee organization; encourage or discourage membership in an employee organization by discriminating against an employee through hiring, tenure, promotion, or other conditions of employment; 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 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. Paragraph (1)(ii) of this subsection does not prohibit the Montgomery Commission from allowing employees to negotiate or to confer with the Montgomery Commission over labor matters during work hours without the loss of pay or time.

An employee organization may not: interfere with, restrain, or coerce any employee in the employee’s exercise of a right under this subtitle; cause or attempt to cause the Montgomery Commission to discriminate against an employee in the employee’s exercise of a right under this subtitle; coerce, discipline, fine, or attempt to coerce a member of an employee organization as punishment or reprisal; coerce, discipline, fine, or attempt to coerce a member of an employee organization to impede the member’s work performance; refuse to negotiate in good faith with the Montgomery Commission as required by this subtitle; or fail or refuse to cooperate in impasse procedures and impasse decisions as required by this subtitle. 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.

Employees of the Montgomery Commission retain the right to: form, join, or assist an employee organization; bargain collectively through a representative that the employees have chosen; engage in other lawful concerted activities for the purpose of collective bargaining; or refrain from an activity covered under this subsection. 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.

In this section, “strike” means the action of an employee, in concert with others, to: refuse to report to work; stop or slow down work; or 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. 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. If a strike occurs, on request of the Montgomery Commission, a court of competent jurisdiction may enjoin the strike. An employee may not receive compensation from the Montgomery Commission while the employee is engaged in a strike. 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. 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. 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. An employee organization decertified under paragraph (1) of this paragraph may not be recertified for 2 years after the end of the strike. 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.

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. 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. 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. The labor relations administrator shall hold a hearing and make findings of fact and conclusions of law. If the labor relations administrator finds that a party has committed an unfair labor practice, the labor relations administrator shall: order that party to cease and desist from the unfair labor practice; and order all relief necessary to: remedy the violation of this subtitle; and 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. Relief may include reinstatement, restitution, back pay, and injunctions. Relief may not include attorney fees, punitive damages, consequential damages, or damages for pain, suffering, or emotional distress. The decision of the labor relations administrator is final unless appealed on the basis of being arbitrary, capricious, or exceeding authority. 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. The Montgomery Commission and the employee organization shall share the cost of any unfair labor practice proceeding equally. 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.

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