Land Use (GLU) — Title 16. Employment
Statutes in effect as of October 1, 2026.
Subtitle 1. Merit System
Md. Code Ann., Land Use § 16-101 (2026)
Title 16. Employment
Subtitle 1. Merit System
§ 16–101LinkCopy Citation
In this subtitle, “board” means the merit system board of the Commission.
Md. Code Ann., Land Use § 16-102 (2026)
Title 16. Employment
Subtitle 1. Merit System
§ 16–102LinkCopy Citation
(a)
The Commission shall implement a merit system adopted under this subtitle.
(b)
The merit system includes each employee of the Commission, except:
(1)
the commissioners;
(2)
the executive director, secretary–treasurer, and general counsel appointed by the Commission under § 15–109 of this article;
(3)
(i)
the Inspector General; and
(ii)
any temporary term employee of the Office of the Inspector General appointed under § 15–503 of this article;
(4)
a part–time or temporary employee under Subtitle 2 or Subtitle 5 of this title;
(5)
in Montgomery County, each position excluded under § 20–204(b) of this article; and
(6)
in Prince George’s County:
(i)
the deputy chief of park police as provided in § 17–305 of this article; and
(ii)
each director and deputy director as provided in § 20–204(c) of this article.
Md. Code Ann., Land Use § 16-103 (2026)
Title 16. Employment
Subtitle 1. Merit System
§ 16–103LinkCopy Citation
(a)
There is a merit system board of the Commission.
(b)
(1)
The board consists of three members appointed by the Commission.
(2)
Nothing contained in this subtitle requires that an appointment be made for the purpose of rotating majority membership on the board between residents of Montgomery County and Prince George’s County.
(3)
The Commission may reappoint a member of the board.
(c)
(1)
Each member of the board:
(i)
shall be a resident of the regional district;
(ii)
shall be knowledgeable and experienced in personnel matters; and
(iii)
may not be a member or employee of the Commission or the executive director, secretary–treasurer, or general counsel appointed by the Commission under § 15–109 of this article.
(2)
Not more than two members of the board may reside in the same county.
(d)
Each member of the board shall be appointed for a term of 4 years and continue to serve until the member’s successor is appointed.
(e)
The Commission shall fill each vacancy on the board in the same manner as an original appointment.
(f)
The Commission shall designate one member of the board to serve as the chair at the pleasure of the Commission.
Md. Code Ann., Land Use § 16-104 (2026)
Title 16. Employment
Subtitle 1. Merit System
§ 16–104LinkCopy Citation
The Commission shall set the compensation of the members of the board as authorized by the Commission’s budget for each fiscal year.
Md. Code Ann., Land Use § 16-105 (2026)
Title 16. Employment
Subtitle 1. Merit System
§ 16–105LinkCopy Citation
After proper notice and due consideration, the Commission may remove a member of the board for misfeasance, malfeasance, or nonfeasance in office.
Md. Code Ann., Land Use § 16-106 (2026)
Title 16. Employment
Subtitle 1. Merit System
§ 16–106LinkCopy Citation
(a)
The board shall:
(1)
prepare and recommend a compensation plan, a classification plan, and comprehensive regulations governing operation of the merit system; and
(2)
submit its recommendations to the Commission for adoption.
(b)
(1)
The Commission may adopt, disapprove, or modify a recommendation of the board.
(2)
If the Commission does not act on a recommendation of the board within 90 days after the date of filing of the recommendation with the Commission, the recommendation is deemed approved.
(c)
A recommendation by the board for an amendment to an adopted compensation plan, classification plan, or regulation is subject to subsection (b) of this section.
Md. Code Ann., Land Use § 16-107 (2026)
Title 16. Employment
Subtitle 1. Merit System
§ 16–107LinkCopy Citation
The Commission may make available to the board its records, facilities, and staff and consultants necessary to carry out the duties of the board.
Md. Code Ann., Land Use § 16-108 (2026)
Title 16. Employment
Subtitle 1. Merit System
§ 16–108LinkCopy Citation
(a)
If the board determines that the testimony of a witness is appropriate for the proper consideration of a case before the board, the board may issue a subpoena to the witness to appear at a proceeding the board conducts in accordance with this subtitle.
(b)
If a person fails to comply with a subpoena issued under this section, the board may petition a court of competent jurisdiction to compel compliance with the subpoena.
Subtitle 2. Collective Bargaining -- in General
Md. Code Ann., Land Use § 16-201 (2026)
Title 16. Employment
Subtitle 2. Collective Bargaining -- in General
§ 16–201LinkCopy Citation
(a)
(1)
(i)
In this subsection the following words have the meanings indicated.
(ii)
“Confidential employee” means an employee who acts in a confidential capacity with respect to an individual who formulates, determines, or implements management policies in the field of labor–management relations.
(iii)
“Probationary employee” means a merit system employee during the employee’s initial probationary period following employment.
(2)
The rights granted to Commission merit system employees under this subtitle do not apply to:
(i)
attorneys in the General Counsel’s office;
(ii)
confidential employees;
(iii)
employees who are at grade J or above;
(iv)
park police officers;
(v)
(1)
the Inspector General; and
(2)
any subordinate employee of the Office of the Inspector General appointed under § 15–503 of this article;
(vi)
probationary employees; or
(vii)
supervisors, as defined in § 2(11) of the National Labor Relations Act, 29 U.S.C. § 152(11).
(b)
(1)
Commission employees are divided into four bargaining units consisting of:
(i)
the office unit that includes office classification titles in which employees are responsible for internal and external communications, recording and retrieving information, and paperwork required in an office;
(ii)
the professional/technical unit that includes:
(1)
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;
(2)
paraprofessional classification titles in which employees perform, in a supportive role, some of the duties of a professional or technician but that usually require less formal training or experience than those duties performed by those with professional or technical status; and
(3)
technical classification titles in which employees have a combination of basic scientific or technical knowledge and manual skill that usually are acquired through specialized postsecondary school education or through equivalent on–the–job training;
(iii)
the service/labor unit that includes classification titles in which employees perform service and maintenance, may operate specialized machinery or heavy equipment, and whose duties contribute to the comfort and convenience of the public or to the upkeep and care of Commission buildings, facilities, or grounds; and
(iv)
the trade unit that includes classification titles in which employees are required to have a special manual skill and a thorough knowledge of processes that are acquired through on–the–job training, experience, apprenticeship, or other formal training programs.
(2)
A bargaining unit may not be defined by county boundaries.
(3)
If an employee organization is certified to represent more than one bargaining unit, the Commission shall negotiate a single contract with that organization covering all employees the organization represents.
Md. Code Ann., Land Use § 16-202 (2026)
Title 16. Employment
Subtitle 2. Collective Bargaining -- in General
§ 16–202LinkCopy Citation
(a)
The 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 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 unit in collective bargaining; and
(2)
except as provided in subsection (d) of this section, represent all employees in the bargaining unit fairly and without discrimination.
(c)
An employee organization meets the requirements of subsection (b)(2) of this section if the employee organization’s actions with respect to employees in the bargaining unit are not arbitrary, discriminatory, or in bad faith.
(d)
(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, 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
(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 § 16–218 of this subtitle for unfair labor practices.
(e)
(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.
Md. Code Ann., Land Use § 16-203 (2026)
Title 16. Employment
Subtitle 2. Collective Bargaining -- in General
§ 16–203LinkCopy Citation
(a)
After a public hearing on the appointment, the Commission shall appoint an experienced neutral third party to serve as labor relations administrator for an initial term of 1 year.
(b)
After the term of the labor relations administrator appointed under subsection (a) of this section expires, the exclusive representative and the Commission shall appoint a labor relations administrator for a 2–year term from a list of five nominees on whom they have agreed.
(c)
After the term of the labor relations administrator appointed under subsection (a) of this section expires and after a public hearing on the appointment, if no exclusive representative has been certified under this section, the Commission shall appoint the next labor relations administrator for a term not exceeding 1 year.
(d)
A labor relations administrator is eligible for reappointment.
Md. Code Ann., Land Use § 16-204 (2026)
Title 16. Employment
Subtitle 2. Collective Bargaining -- in General
§ 16–204LinkCopy Citation
(a)
An employee organization that is certified or that seeks certification as an exclusive representative under this subtitle shall submit to the labor relations administrator:
(1)
a copy of the employee organization’s constitution and bylaws; and
(2)
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, marital status, national origin, race, religion, disability, sex, sexual orientation, or gender identity;
(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 a certified annual financial report be produced; and
(7)
the right of members to inspect the organization’s accounts.
Md. Code Ann., Land Use § 16-205 (2026)
Title 16. Employment
Subtitle 2. Collective Bargaining -- in General
§ 16–205LinkCopy Citation
(a)
The labor relations administrator shall conduct an election for an exclusive representative after:
(1)
an employee organization demonstrates, by petition, that at least 30% of the eligible employees in a bargaining unit support representation by an exclusive representative for collective bargaining; or
(2)
an employee or an employee organization demonstrates, by petition, that at least 30% of the eligible employees in a bargaining unit no longer support the current exclusive representative.
(b)
(1)
At least 30 days before an election under subsection (a) of this section, the labor relations administrator shall obtain from the Commission and provide to the employee organization a list of the names, addresses, and telephone numbers of every employee in the bargaining unit.
(2)
The provision of a list under this subsection by the Commission, the labor relations administrator, or a Commission official, employee, or other agent does not constitute a violation of § 4–331 of the General Provisions Article or any State or local law.
(c)
Elections shall be conducted by secret ballot containing:
(1)
the name of each employee organization that submits a valid petition requiring an election;
(2)
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
(3)
an option for no representation.
(d)
(1)
If a petition described in subsection (a)(1) of this section is submitted at the same time that a petition described in subsection (a)(2) of this section is submitted, one election shall be held to determine which employee organization, if any, shall be the exclusive representative.
(2)
The ballot shall contain:
(i)
the name of the current certified employee organization;
(ii)
the name of the petitioning employee organization; and
(iii)
an option for no representation.
(e)
(1)
If none of the choices on the ballot receives a majority of the votes cast, the labor relations administrator shall hold a runoff election.
(2)
In the runoff election, the ballot shall contain the two choices that received the highest number of votes cast in the initial election.
(f)
After the election, the labor relations administrator shall certify the employee organization that received a majority of the votes cast as the exclusive representative.
(g)
If the petitioning employee organization is certified as the result of an election held under subsection (d) 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.
(h)
The Commission and the employee organization shall share equally the costs of the election procedures.
(i)
(1)
Elections may not be conducted:
(i)
within 1 year after the date of a valid election under this section; or
(ii)
except as provided in paragraph (2) of this subsection, during the term of a collective bargaining agreement.
(2)
During the term of a collective bargaining agreement, a petition for an election may be filed only during November of the fiscal year in which the agreement expires.
Md. Code Ann., Land Use § 16-206 (2026)
Title 16. Employment
Subtitle 2. Collective Bargaining -- in General
§ 16–206LinkCopy Citation
(a)
If the 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.
(b)
The labor relations administrator shall hold evidentiary hearings at which the Commission and interested employee organizations shall have the opportunity to present testimony, documentary and other evidence, and arguments.
(c)
The decision of the labor relations administrator is final.
(d)
The Commission and the employee organization shall share equally the costs of the hearings.
Md. Code Ann., Land Use § 16-207 (2026)
Title 16. Employment
Subtitle 2. Collective Bargaining -- in General
§ 16–207LinkCopy Citation
(a)
The Commission and an employee organization certified as exclusive representative shall meet and engage in collective bargaining in good faith regarding:
(1)
salary and wages, including the percentage of the increase in the salary and wages budget that will be devoted to merit increments and cash awards, provided that salaries and wages shall be uniform for all employees in the same classification;
(2)
pension and other retirement benefits for active employees;
(3)
employee benefits such as insurance, leave, holidays, and vacations;
(4)
hours and working conditions;
(5)
orderly processing and settlement of grievances concerning the interpretation and implementation of a collective bargaining agreement that may include:
(i)
binding third party arbitration, under which the arbitrator may not amend, add to, or subtract from the provisions of the collective bargaining agreement; and
(ii)
provisions for the exclusivity of forum;
(6)
matters affecting the health and safety of employees; and
(7)
the effect on employees of the exercise of the Commission’s rights and responsibilities under § 16–213 of this subtitle.
(b)
This section does not require the Commission or the employee organization to agree to any proposal or to make any concession.
(c)
(1)
(i)
Collective bargaining may not begin later than September 1 before the beginning of a fiscal year for which an agreement has not been reached between the Commission and the exclusive representative.
(ii)
Collective bargaining shall conclude on or before the following February 1.
(2)
During the period between the dates set in paragraph (1)(i) and (ii) of this subsection, the parties shall negotiate in good faith.
Md. Code Ann., Land Use § 16-208 (2026)
Title 16. Employment
Subtitle 2. Collective Bargaining -- in General
§ 16–208LinkCopy Citation
(a)
If a party to the collective bargaining considers a bargaining proposal to violate the rights and responsibilities of the Commission under § 16–213 of this subtitle or the rights of Commission employees under § 16–216 of this subtitle or otherwise to 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.
(b)
(1)
The procedure for resolving a negotiability dispute shall follow the process for reviewing unfair labor practice charges.
(2)
Notwithstanding paragraph (1) of this subsection, the labor relations administrator may shorten the time periods or order any appropriate expedited procedure.
(c)
The labor relations administrator may order a party to withdraw all or part of a bargaining proposal that violates this subtitle.
(d)
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 reached and order issued under this subtitle is final.
Md. Code Ann., Land Use § 16-209 (2026)
Title 16. Employment
Subtitle 2. Collective Bargaining -- in General
§ 16–209LinkCopy Citation
(a)
(1)
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 jointly shall appoint a mediator–arbitrator.
(2)
If the parties are unable to agree on a mediator–arbitrator, the labor relations administrator shall appoint the mediator–arbitrator on or before December 7.
(3)
Notwithstanding appointment of the mediator–arbitrator, this section does not require mediation–arbitration to begin before the date set forth in subsection (c) of this section.
(b)
During the course of the collective bargaining:
(1)
either party may declare an impasse and request the services of the mediator–arbitrator; or
(2)
the parties jointly may request the services of a mediator–arbitrator before an impasse is declared.
(c)
If the mediator–arbitrator finds in the mediator–arbitrator’s sole discretion that the parties are at a bona fide impasse or on February 1, whichever occurs earlier, the mediator–arbitrator shall direct the parties to submit:
(1)
a joint memorandum listing all items to which the parties previously agreed; and
(2)
a separate memorandum of each party’s last final offer presented in negotiations on all items to which the parties previously did not agree.
(d)
(1)
On or before February 10, the mediator–arbitrator shall hold a closed hearing on the parties’ proposals at a time, date, and place selected by the mediator–arbitrator.
(2)
Each party shall submit evidence or make oral and written arguments in support of the party’s last final offer.
(3)
The mediator–arbitrator may not open the hearing to a person that is not a party to the mediation–arbitration.
(e)
(1)
On or before February 15, the mediator–arbitrator shall issue a report selecting the final offer submitted by the party that the mediator–arbitrator determines to be more reasonable when viewed as a whole.
(2)
In determining which offer is more reasonable, the mediator–arbitrator:
(i)
may consider only:
(1)
past collective bargaining agreements between the parties, including the past bargaining history that led to the agreement or the precollective bargaining history of employee wages, hours, benefits, and other working conditions;
(2)
a comparison of wages, hours, benefits, and conditions of employment of similar employees of other public employers in the Washington metropolitan area and the State;
(3)
a comparison of wages, hours, benefits, and conditions of employment of similar employees of private employers in Montgomery County and Prince George’s County;
(4)
the public interest and welfare;
(5)
the ability of the Commission to finance any economic adjustments required under the proposed agreement;
(6)
the effects of any economic adjustments on the standard of public services normally provided by the Commission; and
(7)
the annual increase or decrease in consumer prices for all items as reflected in the most recent Consumer Price Index – Urban Wage Earners and Clerical Workers (“CPI–W”) for the Washington Metropolitan Area; and
(ii)
shall consider all items on which the parties agreed before the mediation–arbitration began to be integrated into each offer.
(3)
(i)
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.
(ii)
The mediator–arbitrator may not compromise or alter the final offer that the mediator–arbitrator selects.
(f)
(1)
(i)
Subject to subparagraph (ii) of this paragraph, the offer selected by the mediator–arbitrator, as integrated with the items on which the parties previously agreed, shall be the final agreement between the Commission and the exclusive representative without ratification by the parties.
(ii)
Any terms or conditions of the final agreement that require an appropriation of funds or the adoption of regulations or that have a present or future fiscal impact are subject to approval by the Montgomery County Council and Prince George’s County Council.
(iii)
The Commission shall request funds in the Commission’s final budget from the county councils for all economic provisions of the final agreement.
(2)
The parties shall execute an agreement incorporating the final agreement, including arbitration awards and all issues agreed to under this subtitle.
(g)
The Commission and the employee organization shall share equally the costs of the mediator–arbitrator’s services.
Md. Code Ann., Land Use § 16-210 (2026)
Title 16. Employment
Subtitle 2. Collective Bargaining -- in General
§ 16–210LinkCopy Citation
(a)
A mediator may be used in the collective bargaining process whenever:
(1)
the Commission and the employee organization agree to mediation; or
(2)
an impasse results, and the Commission or the employee organization requests mediation.
(b)
(1)
The mediator shall be selected jointly by the Commission and the employee organization from a list supplied by the American Arbitration Association or the Federal Mediation and Conciliation Service.
(2)
If the Commission and the employee organization are unable to agree on the selection of a mediator, the labor relations administrator shall select the mediator.
(c)
The Commission and the employee organization shall share equally the costs of mediation.
Md. Code Ann., Land Use § 16-210.1 (2026)
Title 16. Employment
Subtitle 2. Collective Bargaining -- in General
§ 16–210.1LinkCopy Citation
(a)
During the term of a collective bargaining agreement:
(1)
either party may declare an impasse and request the services of a mediator–arbitrator; and
(2)
the parties jointly may request the services of a mediator–arbitrator at any time without declaring an impasse.
(b)
(1)
If the services of a mediator–arbitrator have been requested, the parties jointly shall appoint a mediator–arbitrator.
(2)
If the parties are unable to agree on a mediator–arbitrator, the labor relations administrator shall appoint the mediator–arbitrator within 7 days after the services of a mediator–arbitrator were requested.
(c)
If the mediator–arbitrator finds in the mediator–arbitrator’s sole discretion that the parties are at a bona fide impasse, the mediator–arbitrator shall direct each party to submit a separate memorandum of each party’s last final offer on items with regard to which the parties are in dispute.
(d)
(1)
Within 10 days after the submission of the memoranda under subsection (c) of this section, the mediator–arbitrator shall hold a closed hearing on the parties’ offers at a time, date, and place selected by the mediator–arbitrator.
(2)
Each party shall submit evidence or make oral and written arguments in support of the party’s final offer.
(3)
The mediator–arbitrator may not open the hearing to a person that is not a party to the mediation–arbitration.
(e)
(1)
Within 5 days after the hearing required under subsection (d)(1) of this section, the mediator–arbitrator shall issue a report selecting the final offer that the mediator–arbitrator determines to be more reasonable when viewed as a whole.
(2)
In determining which offer is more reasonable, the mediator–arbitrator:
(i)
may consider only:
(1)
past collective bargaining agreements between the parties, including the past bargaining history that led to the agreement or the precollective bargaining history of employee wages, hours, benefits, and other working conditions;
(2)
a comparison of wages, hours, benefits, and conditions of employment of similar employees of other public employers in the Washington metropolitan area and the State;
(3)
a comparison of wages, hours, benefits, and conditions of employment of similar employees of private employers in Montgomery County and Prince George’s County;
(4)
the public interest and welfare;
(5)
the ability of the Commission to finance any economic adjustments required under the proposed agreement;
(6)
the effects of any economic adjustments on the standard of public services normally provided by the Commission; and
(7)
the annual increase or decrease in consumer prices for all items as reflected in the most recent Consumer Price Index – Urban Wage Earners and Clerical Workers (“CPI–W”) for the Washington Metropolitan Area; and
(ii)
shall consider all items on which the parties agreed before the mediation–arbitration began to be integrated into each offer.
(3)
(i)
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.
(ii)
The mediator–arbitrator may not compromise or alter the final offer that the mediator–arbitrator selects.
(f)
(1)
(i)
Subject to subparagraph (ii) of this paragraph, the offer selected by the mediator–arbitrator, as integrated with the governing collective bargaining agreement at the time of the dispute, shall be the final agreement between the Commission and the exclusive representative without ratification by the parties.
(ii)
Any terms or conditions of the final agreement that require an appropriation of funds or the adoption of regulations or that have a present or future fiscal impact are subject to approval by the Montgomery County Council and the Prince George’s County Council.
(iii)
The Commission shall request funds in the Commission’s final budget from the Montgomery County Council and the Prince George’s County Council for all economic provisions of the final agreement.
(2)
The parties shall execute an agreement incorporating the final agreement, including arbitration awards and all issues agreed to under this section.
(g)
The Commission and the employee organization shall share equally the costs of the mediator–arbitrator’s services.
Md. Code Ann., Land Use § 16-211 (2026)
Title 16. Employment
Subtitle 2. Collective Bargaining -- in General
§ 16–211LinkCopy Citation
(a)
The Commission and an employee organization certified as exclusive representative of a bargaining unit shall execute a collective bargaining agreement incorporating all matters agreed.
(b)
If a collective bargaining agreement provides for a grievance procedure, that grievance procedure shall be the sole procedure for employees in the bargaining unit.
(c)
The collective bargaining agreement may include an agency shop or other union security provision.
(d)
The collective bargaining agreement supersedes any conflicting regulation or administrative policy of the Commission.
(e)
A single–year or multiple–year collective bargaining agreement shall expire at the close of the appropriate fiscal year.
(f)
(1)
Except as provided in paragraph (2) of this subsection, a collective bargaining agreement shall be effective on the approval of the Commission and the membership of the employee organization representing the bargaining unit.
(2)
The economic requirements of a collective bargaining agreement shall be effective on approval by the Montgomery County Council and Prince George’s County Council.
Md. Code Ann., Land Use § 16-212 (2026)
Title 16. Employment
Subtitle 2. Collective Bargaining -- in General
§ 16–212LinkCopy Citation
(a)
The Commission shall include in its annual proposed operating budget submitted to the county executives of Montgomery County and Prince George’s County adequate funding to carry out a collective bargaining agreement.
(b)
Unless the Montgomery County Council and Prince George’s County Council approve the Commission’s budget so as to approve the terms of the collective bargaining agreement, the Commission and the employee organization, within 5 days after the annual joint county council budget meeting under § 18–106 of this article, shall reopen the negotiated agreement and bargain with respect to the provisions of the 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 or Prince George’s County, the remainder of the agreement remains in effect unless reopened under subsection (b) of this section.
Md. Code Ann., Land Use § 16-213 (2026)
Title 16. Employment
Subtitle 2. Collective Bargaining -- in General
§ 16–213LinkCopy Citation
(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.
Md. Code Ann., Land Use § 16-214 (2026)
Title 16. Employment
Subtitle 2. Collective Bargaining -- in General
§ 16–214LinkCopy Citation
(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.
Md. Code Ann., Land Use § 16-215 (2026)
Title 16. Employment
Subtitle 2. Collective Bargaining -- in General
§ 16–215LinkCopy Citation
(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.
Md. Code Ann., Land Use § 16-216 (2026)
Title 16. Employment
Subtitle 2. Collective Bargaining -- in General
§ 16–216LinkCopy Citation
(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.
Md. Code Ann., Land Use § 16-217 (2026)
Title 16. Employment
Subtitle 2. Collective Bargaining -- in General
§ 16–217LinkCopy Citation
(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.
Md. Code Ann., Land Use § 16-218 (2026)
Title 16. Employment
Subtitle 2. Collective Bargaining -- in General
§ 16–218LinkCopy Citation
(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.
Md. Code Ann., Land Use § 16-219 (2026)
Title 16. Employment
Subtitle 2. Collective Bargaining -- in General
§ 16–219LinkCopy Citation
(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.
Subtitle 3. Collective Bargaining -- Police Officers
Md. Code Ann., Land Use § 16-301 (2026)
Title 16. Employment
Subtitle 3. Collective Bargaining -- Police Officers
§ 16–301LinkCopy Citation
(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.
Md. Code Ann., Land Use § 16-302 (2026)
Title 16. Employment
Subtitle 3. Collective Bargaining -- Police Officers
§ 16–302LinkCopy Citation
(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.
Md. Code Ann., Land Use § 16-303 (2026)
Title 16. Employment
Subtitle 3. Collective Bargaining -- Police Officers
§ 16–303LinkCopy Citation
(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.
Md. Code Ann., Land Use § 16-304 (2026)
Title 16. Employment
Subtitle 3. Collective Bargaining -- Police Officers
§ 16–304LinkCopy Citation
(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, sex, sexual orientation, gender identity, 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.
Md. Code Ann., Land Use § 16-305 (2026)
Title 16. Employment
Subtitle 3. Collective Bargaining -- Police Officers
§ 16–305LinkCopy Citation
(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.
Md. Code Ann., Land Use § 16-306 (2026)
Title 16. Employment
Subtitle 3. Collective Bargaining -- Police Officers
§ 16–306LinkCopy Citation
Any dispute about the eligibility of an employee in the bargaining unit shall be submitted to the labor relations administrator for final and binding arbitration.
Md. Code Ann., Land Use § 16-307 (2026)
Title 16. Employment
Subtitle 3. Collective Bargaining -- Police Officers
§ 16–307LinkCopy Citation
(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.
Md. Code Ann., Land Use § 16-308 (2026)
Title 16. Employment
Subtitle 3. Collective Bargaining -- Police Officers
§ 16–308LinkCopy Citation
(a)
(1)
If the parties to collective bargaining have not reached an agreement on or before December 1 or any later date determined by mutual agreement of the parties on a collective bargaining agreement that would succeed the existing collective bargaining agreement:
(i)
either party may declare a bargaining impasse; and
(ii)
the parties jointly shall appoint an arbitrator.
(2)
If the parties are unable to agree on an arbitrator, the labor relations administrator shall appoint the arbitrator on or before December 7 or any later date determined by mutual agreement of the parties.
(3)
Notwithstanding appointment of the arbitrator, this subtitle does not require arbitration to begin before February 1 or any later date determined by mutual agreement of the parties.
(b)
On or before February 1 or any later date determined by mutual agreement of the parties, the arbitrator shall direct the parties to submit:
(1)
a joint memorandum listing all items to which the parties previously agreed; and
(2)
a separate memorandum of each party’s last final offer presented in negotiations on all items to which the parties previously did not agree.
(c)
(1)
On or before February 10 or any later date determined by mutual agreement of the parties, the arbitrator shall hold a closed hearing on the parties’ proposals at a time, date, and place selected by the arbitrator.
(2)
Each party shall submit evidence or make oral and written arguments in support of the party’s last final offer.
(3)
The arbitrator may not open the hearing to a person that is not a party to the arbitration.
(d)
(1)
On or before February 15 or any later date determined by mutual agreement of the parties, the arbitrator shall issue a report selecting the last final offer submitted by the parties that the arbitrator determines to be more reasonable when viewed as a whole.
(2)
In determining which last final offer is more reasonable, the arbitrator may consider only:
(i)
past collective bargaining agreements between the parties, including the past bargaining history that led to the collective bargaining agreement or the precollective bargaining history of employee wages, hours, benefits, and other working conditions;
(ii)
a comparison of wages, hours, benefits, and other conditions of employment of police officers in Montgomery County and Prince George’s County;
(iii)
the public interest and welfare;
(iv)
the ability of the Commission to finance any economic adjustments required under the proposed collective bargaining agreement; and
(v)
the effects of any economic adjustments on the standard of public services normally provided by the Commission.
(3)
In determining which last final offer is more reasonable, the arbitrator shall consider all items on which the parties agreed before the arbitration began to be integrated into each offer.
(4)
The arbitrator may not:
(i)
receive or consider the history of collective bargaining relating to the immediate dispute, including any offers of settlement not contained in the last final offer submitted to the arbitrator; or
(ii)
compromise or alter the last final offer that the arbitrator selects.
(e)
(1)
Subject to § 16–310(a) of this subtitle, the last final offer selected by the arbitrator, as integrated with the items on which the parties previously agreed, shall be the final agreement between the Commission and the exclusive representative without ratification by the parties.
(2)
The parties shall execute a collective bargaining agreement incorporating the final agreement, including arbitration awards and all issues agreed to under this section.
(f)
The Commission and the exclusive representative shall share equally the costs of the arbitrator’s services.
Md. Code Ann., Land Use § 16-309 (2026)
Title 16. Employment
Subtitle 3. Collective Bargaining -- Police Officers
§ 16–309LinkCopy Citation
(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.
Md. Code Ann., Land Use § 16-310 (2026)
Title 16. Employment
Subtitle 3. Collective Bargaining -- Police Officers
§ 16–310LinkCopy Citation
(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.
Md. Code Ann., Land Use § 16-311 (2026)
Title 16. Employment
Subtitle 3. Collective Bargaining -- Police Officers
§ 16–311LinkCopy Citation
(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.
Md. Code Ann., Land Use § 16-312 (2026)
Title 16. Employment
Subtitle 3. Collective Bargaining -- Police Officers
§ 16–312LinkCopy Citation
(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.
Md. Code Ann., Land Use § 16-313 (2026)
Title 16. Employment
Subtitle 3. Collective Bargaining -- Police Officers
§ 16–313LinkCopy Citation
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.
Md. Code Ann., Land Use § 16-314 (2026)
Title 16. Employment
Subtitle 3. Collective Bargaining -- Police Officers
§ 16–314LinkCopy Citation
(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.
Md. Code Ann., Land Use § 16-315 (2026)
Title 16. Employment
Subtitle 3. Collective Bargaining -- Police Officers
§ 16–315LinkCopy Citation
(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.
Md. Code Ann., Land Use § 16-316 (2026)
Title 16. Employment
Subtitle 3. Collective Bargaining -- Police Officers
§ 16–316LinkCopy Citation
(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.
Md. Code Ann., Land Use § 16-317 (2026)
Title 16. Employment
Subtitle 3. Collective Bargaining -- Police Officers
§ 16–317LinkCopy Citation
(a)
Any charge that the Commission, an employee, or an employee organization has engaged in an unfair labor practice shall:
(1)
be in writing;
(2)
state concisely and simply the facts that are asserted or, if the facts cannot be stated in detail, the issues that are involved; and
(3)
be served personally on the party alleged to have engaged in the unfair labor practice within 180 days after the alleged unfair labor practice occurred.
(b)
If the party charging an unfair labor practice and the party charged are unable to resolve the matter, the charge shall be submitted to an umpire.
(c)
(1)
The Commission shall appoint the umpire from a list of five nominees agreed on by the exclusive representative and the Executive Director of the Commission.
(2)
The umpire shall serve for a 2–year term and is eligible for reappointment.
(d)
The umpire may not be otherwise employed by the Commission or the exclusive representative.
(e)
The power of the umpire is exclusive.
(f)
The technical rules of evidence do not apply.
(g)
The umpire:
(1)
shall investigate and attempt to resolve, as provided in this subtitle, a charge of engaging in an unfair labor practice;
(2)
shall defer to any valid grievance procedure adopted by the Commission and the exclusive representative for the resolution of disputes subject to the grievance procedure, unless the deferral would result in a violation of the purposes of this subtitle;
(3)
shall defer to the Law Enforcement Officers’ Bill of Rights for the resolution of disputes subject to that law;
(4)
shall recognize fundamental distinctions between private and public employment; and
(5)
may not regard State or federal law that is applicable to private employment as controlling precedent.
(h)
(1)
Based on the preponderance of the evidence, the umpire shall submit written findings of fact and conclusions of law to the parties within 40 days after the day on which the umpire is appointed.
(2)
If the umpire determines that a party named in the charges has engaged or is engaging in an unfair labor practice, the umpire shall issue an order requiring the party to cease the practice.
(3)
An order may:
(i)
include any remedy, including reinstatement of an employee with or without back pay;
(ii)
require periodic reports on the extent to which the party found to have engaged in an unfair labor practice has complied with the order; and
(iii)
be designed to prevent future unfair labor practices.
(i)
(1)
Within 30 days after the issuance of a final order, a party who is aggrieved by a final decision of an umpire may file a petition for judicial review of the decision with the Circuit Court for Montgomery County or the Circuit Court for Prince George’s County.
(2)
The circuit court may not consider evidence that was not offered in the proceeding before the umpire unless the court determines that the failure to offer the evidence should be excused because of extraordinary circumstances.
(3)
The circuit court may not overturn the umpire’s decision unless the court finds that the umpire’s decision is not supported by substantial evidence.
(j)
Unless otherwise provided by written agreement, the parties shall share equally the costs of the umpire’s services.
(k)
(1)
A party charging an unfair labor practice may petition the Circuit Court for Montgomery County or the Circuit Court for Prince George’s County for enforcement of an order of an umpire.
(2)
Unless a petition for judicial review has been filed in accordance with subsection (i) of this section, a petition for enforcement of an order of an umpire may not be used to obtain judicial review of the final decision of the umpire.
Md. Code Ann., Land Use § 16-318 (2026)
Title 16. Employment
Subtitle 3. Collective Bargaining -- Police Officers
§ 16–318LinkCopy Citation
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.
Subtitle 4. Audit Committee
Md. Code Ann., Land Use § 16-401 (2026)
Title 16. Employment
Subtitle 4. Audit Committee
§ 16–401LinkCopy Citation
(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
(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.
Md. Code Ann., Land Use § 16-402 (2026)
Title 16. Employment
Subtitle 4. Audit Committee
§ 16–402LinkCopy Citation
(a)
This subtitle applies to a service contract that:
(1)
the Commission solicits as a management plan intended to adversely affect employees of the Commission represented by a certified representative; and
(2)
a procurement officer of the Commission estimates will exceed a yearly cost of $75,000 as calculated under subsection (b) of this section.
(b)
The Commission shall adjust the estimate of the yearly cost described in subsection (a)(2) of this section to the nearest $100 every 2 years to reflect any aggregate increase in the Consumer Price Index for all urban consumers, for the Washington Metropolitan Area, or any successor index, for the previous 2 years.
(c)
This subtitle does not apply to:
(1)
solicitation of a service contract as part of a management plan or program intended to augment bargaining unit work and not for a present or eventual purpose of adversely affecting employees of the Commission represented by a certified representative;
(2)
solicitation of a service contract for which the primary purpose is to obtain goods or construction services;
(3)
solicitation of a service contract that the Commission’s purchasing officials reasonably believe and express in writing may negatively affect the potential for participation by a minority business enterprise according to a minority business enterprise utilization program authorized under Title 15, Subtitle 2 of this article;
(4)
solicitation of a service contract for a service provided by a consultant;
(5)
solicitation of a service contract for a professional service, unless the scope of service is provided by employees of a bargaining unit when the service contract is solicited;
(6)
solicitation of a service contract that the Commission reasonably believes is:
(i)
necessary to meet an emergent or imminent threat to public health, welfare, or safety;
(ii)
required to comply with the requirements of a grant related to the funding of the service contract; or
(iii)
related to the settlement of an insurance claim;
(7)
solicitation of a service contract that is in the best interest of an employee based on a need for specialized safety experience or expertise;
(8)
solicitation of a service contract for a service provided by a public entity or provided to the Commission in accordance with a public–private partnership with a private entity;
(9)
solicitation of a service contract to be awarded on a noncompetitive basis in accordance with applicable laws regarding service contracts awarded on a noncompetitive basis;
(10)
a service contract entered into before October 31, 2007;
(11)
the renewal or rebidding of a service contract entered into before October 31, 2007, if the renewal or rebidding of the service contract does not result in a greater adverse effect on employees of a bargaining unit than existed before its renewal or rebidding;
(12)
solicitation of a service contract for a capital improvement project or asset management project;
(13)
solicitation of a class, type, category, or particular service contract that the Commission reasonably believes should be performed by an independent contractor to eliminate a conflict of interest otherwise apparent if the services are performed by an employee of a bargaining unit;
(14)
solicitation of a class, type, category, or particular service contract when the need for the service or activity is such that the time necessary for the analysis required under § 16–404 of this subtitle would:
(i)
result in damage to property of the Commission;
(ii)
result in injury to an individual; or
(iii)
substantially hinder the objective of constructing or maintaining safe and sanitary properties and facilities; or
(15)
a service contract that the Montgomery County Council or the Prince George’s County Council authorizes or requires to be provided by an independent contractor.
(d)
This subtitle does not apply to or limit the authority of the Commission to abolish a bargaining unit position or conduct a reduction in force.
Md. Code Ann., Land Use § 16-403 (2026)
Title 16. Employment
Subtitle 4. Audit Committee
§ 16–403LinkCopy Citation
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.
Md. Code Ann., Land Use § 16-404 (2026)
Title 16. Employment
Subtitle 4. Audit Committee
§ 16–404LinkCopy Citation
(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.
Md. Code Ann., Land Use § 16-405 (2026)
Title 16. Employment
Subtitle 4. Audit Committee
§ 16–405LinkCopy Citation
(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.
Md. Code Ann., Land Use § 16-406 (2026)
Title 16. Employment
Subtitle 4. Audit Committee
§ 16–406LinkCopy Citation
The certified representative of an adversely affected employee of the Commission may submit a proposal for existing bargaining unit employees to continue performing the services described in a solicitation while achieving the targeted savings.
Md. Code Ann., Land Use § 16-407 (2026)
Title 16. Employment
Subtitle 4. Audit Committee
§ 16–407LinkCopy Citation
(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.
Subtitle 5. Prince George's County Parks and Recreation Employees
Md. Code Ann., Land Use § 16-501 (2026)
Title 16. Employment
Subtitle 5. Prince George's County Parks and Recreation Employees
§ 16–501LinkCopy Citation
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.
Md. Code Ann., Land Use § 16-502 (2026)
Title 16. Employment
Subtitle 5. Prince George's County Parks and Recreation Employees
§ 16–502LinkCopy Citation
This subtitle applies only in Prince George’s County.
Md. Code Ann., Land Use § 16-503 (2026)
Title 16. Employment
Subtitle 5. Prince George's County Parks and Recreation Employees
§ 16–503LinkCopy Citation
The county planning board shall designate a director to coordinate its county recreation program with the Commission’s park functions.
Md. Code Ann., Land Use § 16-504 (2026)
Title 16. Employment
Subtitle 5. Prince George's County Parks and Recreation Employees
§ 16–504LinkCopy Citation
The county planning board shall employ full–time park employees and part–time employees as necessary to carry out the functions and programs of Title 25, Subtitle 8 of this article.
Md. Code Ann., Land Use § 16-505 (2026)
Title 16. Employment
Subtitle 5. Prince George's County Parks and Recreation Employees
§ 16–505LinkCopy Citation
(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.
Md. Code Ann., Land Use § 16-506 (2026)
Title 16. Employment
Subtitle 5. Prince George's County Parks and Recreation Employees
§ 16–506LinkCopy Citation
(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.
Md. Code Ann., Land Use § 16-507 (2026)
Title 16. Employment
Subtitle 5. Prince George's County Parks and Recreation Employees
§ 16–507LinkCopy Citation
(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.
Md. Code Ann., Land Use § 16-508 (2026)
Title 16. Employment
Subtitle 5. Prince George's County Parks and Recreation Employees
§ 16–508LinkCopy Citation
The county planning board may adopt regulations to carry out this subtitle.