In this subtitle the following words have the meanings indicated: “Accredited representative” includes: The representative of any labor organization, or its successor, authorized to act for the employees described in subsection (b) of this section; and A representative of the Maryland Classified Employees Association, Local 1935 authorized to act for the employees described in subsection (b)(2)(ii) of this section. As of December 31, 1983, “accredited representative” included only: The Amalgamated Transit Union, Division No. 1300; The Office and Professional Employees International Union, Local 2; and The American Federation of State, County, and Municipal Employees, Local 1859, Council 67. “Employees” means those employees who are validly represented by an accredited representative. “Supervisor” means an employee of the Administration who is a sworn police officer and who is in a career service position that: Supervises career service positions of a lower grade; Is supervised by an Executive Service position; and Has no authority to take personnel actions. The Administration shall bargain collectively and enter into written collective bargaining agreements as to wages, salaries, hours, working conditions, and pension and retirement provisions with the accredited representatives of its employees who are employed: In job classifications that on December 31, 1983, were included in recognized bargaining units pursuant to agreements in force on that date between the Administration and an accredited representative identified in subsection (a)(1)(i), (ii), or (iii) of this section; and In new or revised classifications comparable to those described in paragraph (1) of this subsection, provided, however, that supervisory, managerial, professional, confidential, including secretaries or assistants to administrative department and section heads or to other management staff personnel, and engineering classifications shall not be included; and As supervisors and sergeants in the Maryland Transit Administration Police. The Administration may provide its employees with automatic cost–of–living wage adjustments in accordance with any applicable formula in a collective bargaining agreement between the parties, provided that the aggregate of automatic cost–of–living wage adjustments provided to any employee in any contract year does not exceed 5 percent of the employee’s base wage rate as that base wage rate existed immediately prior to commencement of the contract year.

In this section, “labor dispute” is to be construed broadly and includes any controversy as to: Wages, salaries, hours, or other working conditions; Benefits, including health and welfare, sick leave, insurance, pension, or retirement provisions; Grievances that arise; or Collective bargaining agreements, including: The making or maintaining of any collective bargaining agreement; The terms to be included in it; or Its interpretation or application. If, in a labor dispute between the Administration and any employees described in § 7-601 of this subtitle, collective bargaining does not result in agreement, the Administration shall submit the dispute to an arbitration board. The arbitration board shall consist of three members appointed as follows: One by the Administration; One by the authorized representative of the employees; and One jointly by the Administration and the authorized representative. If, within 10 days after the appointment of the second arbitrator, a third arbitrator has not been appointed, either arbitrator may request the Federal Mediation and Conciliation Service or any other entity specified by contract between the Administration and the authorized representative to furnish a list of five persons, from which the third arbitrator shall be selected. Promptly after receiving the list, the two appointed arbitrators shall determine the order of elimination by lot and, in the determined order, each shall eliminate one name alternately until only one name remains. The remaining person is the third arbitrator. The third arbitrator is the chairman of the board. A majority determination of the board is final and binding on all disputed matters. Each party shall pay 50 percent of the arbitration expenses.

This section does not apply to a member of the Maryland Transit Administration Police Force who has the powers granted to a police officer under § 7-207 of this title. The Administration may establish and maintain a system of pensions and retirement benefits for any of its employees. The Administration may: Fix the terms of and restrictions on admission to the system and the classifications in it; Provide that individuals eligible for admission to the system are not eligible for admission to or eligible to receive any benefits from any other pension system, except Social Security benefits, if the other system is financed or funded, whether wholly or partially or directly or indirectly, by funds paid or appropriated by the Administration; and Provide a system of benefits payable to the beneficiaries and dependents of any participant in the system after the death of the participant, whether accidental or not and whether occurring in the performance of duty or not, subject to any exceptions, conditions, restrictions, and classifications that the Administration provides. Unless the Administration determines otherwise, no employee of the Administration and no beneficiary or dependent of any employee of the Administration is eligible to receive any pension, retirement, or other benefit both under the Administration’s system and under any other pension or retirement system established by an acquired transportation system or provided for under any collective bargaining agreement between the Administration and the authorized representatives of its employees. The pension system shall be financed or funded as the Administration determines economically feasible.

The Administration shall take the action necessary to ensure that every laborer and mechanic employed by contractors or subcontractors in the construction, alteration, or repair, including painting and decorating, of projects, buildings, and works undertaken or financially assisted by the Administration: Is paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with the federal Davis-Bacon Act; and Receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in any work week over 8 hours in any work day or 40 hours in any work week, as the case may be. A provision specifying the minimum wages and stating the requirement that overtime be paid as provided in this section shall be consistent with the provisions of Division II of the State Finance and Procurement Article, and shall be: Set out in each invitation for bids or request for proposals; and Made a part of the contract covering the project, which contract is deemed to be a contract of the character specified in § 103 of the federal Contract Work Hours and Safety Standards Act. The requirements of this section also apply to the employment of laborers and mechanics in the construction, alteration, or repair, including painting and decorating, of the transit facilities owned or controlled by the Administration, if the work is performed by a contractor under an agreement with the operator of the transit facilities.

The rights, benefits, and other employee protective conditions and remedies of § 13(c) of the federal Urban Mass Transportation Act of 1964, as determined by the Secretary of Labor, apply to the operation by the Administration of the transit facilities owned or controlled by it and to any contract or other arrangement for the operation of those transit facilities. If the Administration operates any transit facility or makes any contractual or other arrangement for the operation of any transit facility, the Administration shall do whatever is necessary to give employees of affected mass transportation systems, in accordance with seniority, the first opportunity for reasonably comparable employment in any available nonsupervisory job as to those operations for which they can qualify after a reasonable training period. This employment may not result in: Any worsening of the employee’s position from that which he enjoyed in his former employment; or Any loss of wages, hours, working conditions, seniority, fringe benefits, or related rights or privileges.

If the Administration acquires existing transit facilities from a public or privately owned public utility, whether by condemnation or otherwise, the Administration shall assume all existing labor contracts and pension obligations.

If the Administration acquires an existing transportation system, all employees of the system who are necessary for its operation by the Administration, except executive and administrative officers, shall be transferred to and employed by the Administration, subject to all the rights and benefits of this title. These employees shall be given credit for seniority, sick leave, vacation, insurance, and pension benefits in accordance with the records or labor agreements from the acquired transportation system. Members and beneficiaries of any pension or retirement system or other benefits established by the acquired transportation system shall continue to have rights, privileges, benefits, obligations, and status with respect to the established system. As to any transportation system that the Administration acquires, the Administration shall assume the obligations of the system as to wages, salaries, hours, working conditions, sick leave, and health, welfare, pension, and retirement provisions for employees. The Administration shall assume any collective bargaining agreement between an acquired transportation system and the authorized representative of its employees. The Administration and the transferred employees, through their authorized representative, shall do whatever is necessary to have pension trust funds under the joint control of the acquired transportation system and the participating employees or their authorized representative transferred to the trust fund to be established, maintained, and administered jointly by the Administration and the participating employees through their authorized representative. An employee of an acquired transportation system who is transferred to a position with the Administration may not be placed, by reason of the transfer, in any worse position than that which he enjoyed as an employee of the acquired system with respect to workers’ compensation, pension, seniority, wages, sick leave, vacation, health and welfare insurance, or any other benefits.