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<section article="ghs" article_name="Housing and Community Development" number="16-318" title_number="16" title_name="Montgomery County" subtitle_number="3" subtitle_name="Collective Bargaining">
  <level label="a">
    <text>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.</text>
  </level>
  <level label="b">
    <text>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.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>The labor relations administrator shall hold a hearing and make findings of fact and conclusions of law.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>If the labor relations administrator finds that a party has committed an unfair labor practice, the labor relations administrator shall:</text>
      <level label="i">
        <text>order that party to cease and desist from the unfair labor practice; and</text>
      </level>
      <level label="ii">
        <text>order all relief necessary to:</text>
        <level label="1">
          <text>remedy the violation of this subtitle; and</text>
        </level>
        <level label="2">
          <text>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.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>Relief may include reinstatement, restitution, back pay, and injunctions.</text>
    </level>
    <level label="3">
      <text>Relief may not include attorney fees, punitive damages, consequential damages, or damages for pain, suffering, or emotional distress.</text>
    </level>
  </level>
  <level label="e">
    <text>The decision of the labor relations administrator is final unless appealed on the basis of being arbitrary, capricious, or exceeding authority.</text>
  </level>
  <level label="f">
    <text>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.</text>
  </level>
  <level label="g">
    <text>The Montgomery Commission and the employee organization shall share the cost of any unfair labor practice proceeding equally.</text>
  </level>
  <level label="h">
    <text>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.</text>
  </level>
</section>
