Ch. 424

2003 LAWS OF MARYLAND

11.5-113.

(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 SECTION.

(B)     WITHIN 30 BUSINESS DAYS AFTER THE ALLEGED VIOLATION, THE PARTY
CHARGING AN UNFAIR LABOR PRACTICE SHALL SUBMIT THE CHARGE IN WRITING TO
THE LABOR RELATIONS ADMINISTRATOR AND THE PARTY ALLEGED TO HAVE
COMMITTED THE UNFAIR LABOR PRACTICE.

(C)     WITHIN 15 BUSINESS 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
DECIDE WHETHER AN UNFAIR LABOR PRACTICE HAS OCCURRED.

(D)     THE LABOR RELATIONS ADMINISTRATOR SHALL:

(1)      CONDUCT THE HEARING;

(2)      ISSUE A FINDING OF FACTS AND CONCLUSION OF LAW;

(3)      ORDER THE PARTY CHARGED WITH THE UNFAIR LABOR PRACTICE
TO CEASE AND DESIST FROM THE PROHIBITED PRACTICE; AND

(4)      ORDER ALL RELIEF NECESSARY TO REMEDY THE VIOLATION OF THIS
SECTION AND OTHERWISE TO MAKE WHOLE ANY INJURED EMPLOYEE OR EMPLOYEE
ORGANIZATION OR THE COMMISSION, IF INJURED, INCLUDING REINSTATEMENT,
RESTITUTION, BACK PAY, OR INJUNCTIONS NEEDED 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 FEES FOR PURPOSES OF SATISFYING THE
PROVISIONS OF SUBSECTION (D)(4) OF THIS SECTION.

(F)     THE DECISION OF THE LABOR RELATIONS ADMINISTRATOR IS FINAL
UNLESS APPEALED ON THE BASIS OF BEING ARBITRARY, CAPRICIOUS, OR
EXCEEDING AUTHORITY.

(G)     IF THE LABOR RELATIONS ADMINISTRATOR FINDS THAT THE PARTY
CHARGED WITH THE UNFAIR LABOR PRACTICE HAS NOT COMMITTED ANY
PROHIBITED PRACTICE, THE LABOR RELATIONS ADMINISTRATOR SHALL ISSUE AN
ORDER DISMISSING THE CHARGES.

(H) THE COMMISSION AND THE EMPLOYEE ORGANIZATION SHALL SHARE
EQUALLY THE COST 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 LABOR RELATIONS
ADMINISTRATOR'S DECISION IN WHOLE OR IN PART, THE CHARGING PARTY MAY

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