In this subtitle the following words have the meanings indicated. “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. “Bargaining unit” means all employees except a confidential employee. “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. “Collective bargaining agreement” means a written contract between the Commission and an employee organization implementing collective bargaining. “Confidential employee” means an employee who: acts in a confidential capacity and formulates and effectuates Commission policies that relate to collective bargaining with employees; or has access to confidential information not generally available to employees regarding the formulation and effectuation of Commission policies that relate to collective bargaining. “Employee” means a police officer who is ranked as a sergeant or below employed by the Commission. “Employee organization” means an organization that has as one of its primary purposes representing employees in collective bargaining. “Exclusive representative” means an employee organization that has been certified by the Labor Commissioner as representing the employees in the bargaining unit. “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. “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. “Labor Commissioner” means the Commissioner of Labor and Industry or the Commissioner’s designee. “Mediation” means assistance by an impartial third party to reconcile a dispute arising out of collective bargaining through interpretation, suggestion, and advice. “Strike” means the action: of an employee, in concert with others, to: refuse to report to work; be willfully absent from the employee’s position; stop or slow down work; or abstain wholly or partially from the proper performance of duties; and taken for the purpose of inducing, influencing, or coercing a change in wages, hours, or other terms and conditions of employment.

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. An employee organization certified as the exclusive representative of a bargaining unit shall: serve as the sole bargaining agent for the bargaining unit in collective bargaining; and except as provided in subsection (c) of this section, represent all employees in the bargaining unit fairly and without discrimination. 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, 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 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 § 16–317 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.

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. 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. A labor relations administrator: is eligible for reappointment; and may be the same individual as the labor relations administrator appointed under § 16–203 of this title.

An employee organization that is certified or that seeks certification as an exclusive representative under this subtitle shall: file with the Commission and the Labor Commissioner a copy of the employee organization’s constitution and bylaws; and report promptly 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, race, sex, sexual orientation, gender identity, religion, marital status, or national origin; 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 an annual financial report be produced; and the right of members to inspect the employee organization’s accounts. An employee organization shall file an annual report with the Commission and the Labor Commissioner. The annual report shall include a financial report that: is signed by the president and treasurer or corresponding principal officers of the employee organization; and contains information in detail sufficient to accurately disclose the financial condition and operations of the employee organization. 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.

A petition for an election of an exclusive representative may be submitted to the Labor Commissioner by: 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; 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 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. 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. Elections shall be conducted by: the Labor Commissioner; and secret ballot. Each ballot shall contain: the name of each employee organization that submits a valid petition; 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 an option for no representation. If none of the choices on the ballot receives a majority of the votes cast, the Labor Commissioner shall conduct a runoff election. In the runoff election, the ballot shall contain the two choices receiving the highest number of votes cast in the initial election. After the election, the Labor Commissioner shall certify the employee organization that received a majority of the votes cast as the exclusive representative. An employee organization may not be certified as an exclusive representative except as provided in this subtitle. Elections may not be conducted within 2 years after a valid election held under this section.

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.

The Commission and the exclusive representative of the bargaining unit shall engage in collective bargaining. Subsection (a) of this section does not require the Commission or the exclusive representative to agree to any proposal or to make any concession. Collective bargaining may include negotiations about the terms of employee retirement systems but not about the hiring practices of the Commission. 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. Collective bargaining shall conclude on or before the following February 4 or any later date determined by mutual agreement of the parties. 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 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. 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. 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 made or order issued under this section is final. A mediator may be used during collective bargaining: on request of both parties; or if an impasse exists, on request of either party. The mediator shall be selected by the parties from a list supplied by the American Arbitration Association or the Federal Mediation and Conciliation Service.

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: either party may declare a bargaining impasse; and the parties jointly shall appoint an arbitrator. 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. 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. On or before February 1 or any later date determined by mutual agreement of the parties, the 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 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. Each party shall submit evidence or make oral and written arguments in support of the party’s last final offer. The arbitrator may not open the hearing to a person that is not a party to the arbitration. 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. In determining which last final offer is more reasonable, the arbitrator may consider only: 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; a comparison of wages, hours, benefits, and other conditions of employment of police officers 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 collective bargaining agreement; and the effects of any economic adjustments on the standard of public services normally provided by the Commission. 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. The 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 last final offer submitted to the arbitrator; or compromise or alter the last final offer that the arbitrator selects. 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. The parties shall execute a collective bargaining agreement incorporating the final agreement, including arbitration awards and all issues agreed to under this section. The Commission and the exclusive representative shall share equally the costs of the arbitrator’s services.

The Commission and the exclusive representative shall execute a collective bargaining agreement incorporating all matters agreed. A collective bargaining agreement may include a provision for: dues and maintenance or service fees paid by payroll deduction; and the arbitration of grievances arising under the collective bargaining agreement. The collective bargaining agreement supersedes any conflicting rule, regulation, or administrative policy of the Commission.

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. 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. 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. 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.

This subtitle and any collective bargaining 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 performed; 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; 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 collective 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 negotiation related to matters affecting the health and safety of employees; maintain internal security standards; 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; suspend, discharge, or otherwise discipline employees for cause, subject to the grievance procedure set forth in a collective bargaining agreement; and 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. 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. 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.

The Commission, its agents, or its representatives may not: interfere with, intimidate, restrain, coerce, or discriminate against 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 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 any term or condition of employment; 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; 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 fail to comply with any provision of this subtitle. 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.

An employee or an employee organization or its agents or representatives may not: interfere with, intimidate, restrain, coerce, or discriminate against 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 violation of § 16–312(a)(3) of this subtitle; 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; engage in a strike in violation of § 16–315(a) of this subtitle; or fail to comply with any provision of this subtitle.

Employees may: 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; and refrain from any of the activities described in this subsection. An employee or group of employees in the bargaining unit may: present to the Commission at any time a grievance arising under a collective bargaining agreement; and have the grievance adjusted without the intervention of the exclusive representative of the bargaining unit. The Commission shall hear the grievance and participate in its adjustment. An adjustment may not be inconsistent with the collective bargaining agreement. The Commission shall give prompt notice of all adjustments to the exclusive representative.

Employees may not engage in a strike. 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 organization certified as an exclusive representative engages in a strike, the Labor Commissioner shall revoke its certification. 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.

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. A maintenance or service fee under subsection (a) of this section may not exceed the annual dues paid to the exclusive representative. Before the Commission discharges an employee who fails to pay a maintenance or service fee, it shall give the employee: written notice of the delinquent payment; and adequate time to correct the delinquency. 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.

Any charge that the Commission, an employee, or an employee organization has engaged in an unfair labor practice shall: be in writing; state concisely and simply the facts that are asserted or, if the facts cannot be stated in detail, the issues that are involved; and 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. 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. 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. The umpire shall serve for a 2–year term and is eligible for reappointment. The umpire may not be otherwise employed by the Commission or the exclusive representative. The power of the umpire is exclusive. The technical rules of evidence do not apply. The umpire: shall investigate and attempt to resolve, as provided in this subtitle, a charge of engaging in an unfair labor practice; 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; shall defer to the Law Enforcement Officers’ Bill of Rights for the resolution of disputes subject to that law; shall recognize fundamental distinctions between private and public employment; and may not regard State or federal law that is applicable to private employment as controlling precedent. 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. 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. An order may: include any remedy, including reinstatement of an employee with or without back pay; 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 be designed to prevent future unfair labor practices. 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. 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. 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. Unless otherwise provided by written agreement, the parties shall share equally the costs of the umpire’s services. 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. 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.

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.