BLAIR LEE III, Acting Governor

2917

(3) REFUSE TO BARGAIN COLLECTIVELY IN GOOD
FAITH WITH THE PUBLIC EMPLOYER; OR

                            (4) REFUSE OR FAIL TO COMPLY WITH ANY PROVISION

OF THIS ARTICLE.

(M) (1) WHENEVER A WRITTEN COMPLAINT IS FILED WITH
THE COMMISSIONER ALLEGING THAT A PUBLIC EMPLOYER, PUBLIC

EMPLOYEE, EMPLOYEE ORGANIZATION, OR ITS DESIGNATED

REPRESENTATIVE HAS ENGAGED IN OR IS ENGAGING IN ANY UNFAIR

LABOR PRACTICE LISTED IN SUBSECTIONS (K) OR (L) OF THIS

SECTION, THE COMMISSIONER SHALL SERVE UPON THE PARTY ALLEGED

TO HAVE COMMITTED IN UNFAIR PRACTICE A COPY OF THE

COMPLAINT. THE COMMISSIONER SHALL HAVE THE COMPLAINT

INVESTIGATED TO DETERMINE IF A HEARING ON THE UNFAIR LABOR

CHARGE IS WARRANTED. IF THE INVESTIGATION REVEALS THAT NO

ISSUE OF FACT OR LAW EXISTS, THE COMMISSIONER MAY DISMISS

THE COMPLAINT. IF THE COMMISSIONER FINDS THAT AN ISSUE OF

FACT OR LAW EXISTS, A HEARING SHALL BE SCHEDULED PROMPTLY.

(2) THE COMMISSIONER SHALL STATE HIS FINDINGS
OF FACT UPON ALL THE TESTIMONY AND SHALL EITHER DISMISS THE

COMPLAINT OR DETERMINE THAT AN UNFAIR PRACTICE HAS BEEN OR

IS BEING COMMITTED. THE COMMISSIONER MAY ISSUE AN ORDER ON
ANY PARTY REQUIRING THAT PARTY TO CEASE AND DESIST FROM THE

UNFAIR LABOR PRACTICE. THE COMMISSIONER MAY ORDER

REINSTATEMENT OF PUBLIC EMPLOYEES WITH OR WITHOUT BACK PAY,

EXCEPT IN THE CASE OF A STRIKE, IF IT IS FOUND NECESSARY TO
EFFECTUATE THE PURPOSE OF THIS ARTICLE.

(3) ORDERS OF THE COMMISSIONER MAY BE APPEALED

TO A COURT OF COMPETENT JURISDICTION PURSUANT TO THE

PROVISIONS OF ARTICLE 41, SECTIONS 255 AND 256.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act

shall take effect July 1, 1978..

FOR the purpose of authorizing in Montgomery County

collective bargaining between the Board of Trustees of

Montgomery Community College and the employees of the

College; and providing for unit determination,

representation, negotiations, impasse, agreements,

scope of bargaining, rights, unfair practices, and

automatic expiration of the provisions of this Act; and

generally relating to collective bargaining at

Montgomery Community College.

BY adding to

Article - Education
Section 16-510.1
Annotated Code of Maryland

(As enacted by Chapter --- of the Acts of the

General Assembly of 1978)