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<section article="glu" article_name="Land Use" number="16-317" title_number="16" title_name="Employment" subtitle_number="3" subtitle_name="Collective Bargaining -- Police Officers">
  <level label="a">
    <text>Any charge that the Commission, an employee, or an employee organization has engaged in an unfair labor practice shall:</text>
    <level label="1">
      <text>be in writing;</text>
    </level>
    <level label="2">
      <text>state concisely and simply the facts that are asserted or, if the facts cannot be stated in detail, the issues that are involved; and</text>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
  </level>
  <level label="b">
    <text>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.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>The umpire shall serve for a 2–year term and is eligible for reappointment.</text>
    </level>
  </level>
  <level label="d">
    <text>The umpire may not be otherwise employed by the Commission or the exclusive representative.</text>
  </level>
  <level label="e">
    <text>The power of the umpire is exclusive.</text>
  </level>
  <level label="f">
    <text>The technical rules of evidence do not apply.</text>
  </level>
  <level label="g">
    <text>The umpire:</text>
    <level label="1">
      <text>shall investigate and attempt to resolve, as provided in this subtitle, a charge of engaging in an unfair labor practice;</text>
    </level>
    <level label="2">
      <text>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;</text>
    </level>
    <level label="3">
      <text>shall defer to the Law Enforcement Officers’ Bill of Rights for the resolution of disputes subject to that law;</text>
    </level>
    <level label="4">
      <text>shall recognize fundamental distinctions between private and public employment; and</text>
    </level>
    <level label="5">
      <text>may not regard State or federal law that is applicable to private employment as controlling precedent.</text>
    </level>
  </level>
  <level label="h">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>An order may:</text>
      <level label="i">
        <text>include any remedy, including reinstatement of an employee with or without back pay;</text>
      </level>
      <level label="ii">
        <text>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</text>
      </level>
      <level label="iii">
        <text>be designed to prevent future unfair labor practices.</text>
      </level>
    </level>
  </level>
  <level label="i">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
  </level>
  <level label="j">
    <text>Unless otherwise provided by written agreement, the parties shall share equally the costs of the umpire’s services.</text>
  </level>
  <level label="k">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
</section>
