In this subsection the following words have the meanings indicated. “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. “Probationary employee” means a merit system employee during the employee’s initial probationary period following employment. The rights granted to Commission merit system employees under this subtitle do not apply to: attorneys in the General Counsel’s office; confidential employees; employees who are at grade J or above; park police officers; the Inspector General; and any subordinate employee of the Office of the Inspector General appointed under § 15–503 of this article; probationary employees; or supervisors, as defined in § 2(11) of the National Labor Relations Act, 29 U.S.C. § 152(11). Commission employees are divided into four bargaining units consisting of: 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; the professional/technical unit that includes: 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 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 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; 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 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. A bargaining unit may not be defined by county boundaries. 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.

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. An employee organization certified as the exclusive representative of a bargaining unit shall: serve as the sole bargaining agent for the unit in collective bargaining; and except as provided in subsection (d) of this section, represent all employees in the bargaining unit fairly and without discrimination. 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. 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 § 16–218 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.

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. 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. 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. A labor relations administrator is eligible for reappointment.

An employee organization that is certified or that seeks certification as an exclusive representative under this subtitle shall submit to the labor relations administrator: a copy of the employee organization’s constitution and bylaws; and any change in the constitution or bylaws. The constitution or bylaws shall include: 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; 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 income and expenditures; a requirement that a certified annual financial report be produced; and the right of members to inspect the organization’s accounts.

The labor relations administrator shall conduct an election for an exclusive representative after: 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 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. 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. 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. Elections shall be conducted by secret ballot containing: the name of each employee organization that submits a valid petition requiring 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) 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. The ballot shall contain: the name of the current certified employee organization; the name of the petitioning employee organization; and an option for no representation. If none of the choices on the ballot receives a majority of the votes cast, the labor relations administrator shall hold a runoff election. In the runoff election, the ballot shall contain the two choices that received the highest number of votes cast in the initial election. After the election, the labor relations administrator shall certify the employee organization that received a majority of the votes cast as the exclusive representative. 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. The Commission and the employee organization shall share equally the costs of the election procedures. Elections may not be conducted: within 1 year after the date of a valid election under this section; 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 during November of the fiscal year in which the agreement expires.

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. 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. The decision of the labor relations administrator is final. The Commission and the employee organization shall share equally the costs of the hearings.

The Commission and an employee organization certified as exclusive representative shall meet and engage in collective bargaining in good faith regarding: 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; pension and other retirement benefits for active employees; employee benefits such as insurance, leave, holidays, and vacations; hours and working conditions; orderly processing and settlement of grievances concerning the interpretation and implementation of a collective bargaining agreement that may include: binding third party arbitration, under which the arbitrator may not amend, add to, or subtract from the provisions of the collective bargaining agreement; and provisions for the exclusivity of forum; matters affecting the health and safety of employees; and the effect on employees of the exercise of the Commission’s rights and responsibilities under § 16–213 of this subtitle. This section does not require the Commission or the employee organization to agree to any proposal or to make any concession. 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. Collective bargaining shall conclude on or before the following February 1. During the period between the dates set in paragraph (1)(i) and (ii) of this subsection, the parties shall negotiate in good faith.

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. The procedure for resolving a negotiability dispute shall follow the process for reviewing unfair labor practice charges. Notwithstanding paragraph (1) of this subsection, the labor relations administrator may shorten the time periods or order any appropriate expedited procedure. The labor relations administrator may order a party to withdraw all or part of a bargaining proposal that violates this subtitle. 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.

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. 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. 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. During the course of the collective bargaining: either party may declare an impasse and request the services of the mediator–arbitrator; or the parties jointly may request the services of a mediator–arbitrator before an impasse is declared. 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: a joint memorandum listing all items to which the parties previously agreed; and a separate memorandum of each party’s last final offer presented in negotiations on all items to which the parties previously did not agree. 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. Each party shall submit evidence or make oral and written arguments in support of the party’s last final offer. The mediator–arbitrator may not open the hearing to a person that is not a party to the mediation–arbitration. 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. In determining which offer is more reasonable, the mediator–arbitrator: may consider only: 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; 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; a comparison of wages, hours, benefits, and conditions of employment of similar employees of private employers in Montgomery County and Prince George’s County; the public interest and welfare; the ability of the Commission 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 Commission; and 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 shall consider all items on which the parties agreed before the mediation–arbitration began to be integrated into 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 selects. 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. 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. The Commission shall request funds in the Commission’s final budget from the county councils for all economic provisions of the final agreement. The parties shall execute an agreement incorporating the final agreement, including arbitration awards and all issues agreed to under this subtitle. The Commission and the employee organization shall share equally the costs of the mediator–arbitrator’s services.

A mediator may be used in the collective bargaining process whenever: the Commission and the employee organization agree to mediation; or an impasse results, and the Commission or the employee organization requests mediation. 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. 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. The Commission and the employee organization shall share equally the costs of mediation.

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 have been requested, the parties jointly shall appoint a mediator–arbitrator. 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. 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. 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. Each party shall submit evidence or make oral and written arguments in support of the party’s final offer. The mediator–arbitrator may not open the hearing to a person that 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 selecting the final offer that the mediator–arbitrator determines to be more reasonable when viewed as a whole. In determining which offer is more reasonable, the mediator–arbitrator: may consider only: 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; 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; a comparison of wages, hours, benefits, and conditions of employment of similar employees of private employers in Montgomery County and Prince George’s County; the public interest and welfare; the ability of the Commission 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 Commission; and 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 shall consider all items on which the parties agreed before the mediation–arbitration began to be integrated into 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 selects. 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. 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. 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. The parties shall execute an agreement incorporating the final agreement, including arbitration awards and all issues agreed to under this section. The Commission and the employee organization shall share equally the costs of the mediator–arbitrator’s services.

The Commission and an employee organization certified as exclusive representative of a bargaining unit shall execute a collective bargaining agreement incorporating all matters agreed. If a collective bargaining agreement provides for a grievance procedure, that grievance procedure shall be the sole 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 Commission. A single–year or multiple–year collective bargaining agreement shall expire at the close of the appropriate fiscal year. 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. The economic requirements of a collective bargaining agreement shall be effective on approval by the Montgomery County Council and Prince George’s County Council.

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. 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. 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.

This subtitle and any agreement made under it may not impair the rights and responsibilities of the Commission to: determine the overall budget and mission of the 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 overall organizational structure, methods, processes, means, job classifications, and personnel by which operations are to be conducted; direct and supervise employees; hire, select, and establish the standards governing promotion of employees and classify positions; relieve employees from duties because of lack of work or funds or when the Commission determines continued work would be inefficient or nonproductive; take actions to carry out the missions of government in emergency situations; 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; establish and implement 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 Commission, subject to § 16–207(a)(6) of this subtitle; maintain internal security standards; create, alter, combine, contract out, or abolish any job classification, operation, department, unit, or other division or service; suspend, discharge, or otherwise discipline employees for cause, subject to the grievance procedure set forth in a collective bargaining agreement; and 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. 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.

The Commission may not: interfere with, coerce, or restrain an employee in the exercise of the employee’s rights under this subtitle; 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; encourage or discourage membership in an employee organization by discriminating against the employee through hiring, tenure, promotion or demotion, 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. 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.

An employee organization may not: interfere with, coerce, or restrain an employee in the exercise of the employee’s rights under this subtitle; cause or attempt to cause the Commission to discriminate against an employee in the exercise of the employee’s rights 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 for the purpose of impeding the member’s work performance; refuse to negotiate in good faith with the Commission as required by this subtitle; or fail or refuse to cooperate in impasse procedures and impasse decisions as required by this subtitle. 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.

Employees of the Commission shall 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 described in this subsection. 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.

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 Commission employee, a group of Commission employees, or an employee organization may not engage in, induce, initiate, or ratify a strike by Commission employees. If a strike occurs, a court of competent jurisdiction may enjoin the strike on request of the Commission. An employee may not receive compensation from the Commission while the employee is engaged in a strike. 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. 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. 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. 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.

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. 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. 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. The labor relations administrator shall: issue a finding of facts and conclusion of law; order the party found to have committed the unfair labor practice to cease and desist from the prohibited practice; and 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. 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. 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. Subject to paragraph (2) of this subsection, the decision of the labor relations administrator is final. 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. The Commission and the employee organization shall share equally the costs of any unfair labor practice proceeding. 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.

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