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2006 LAWS OF MARYLAND
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Ch. 63
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(XVII) SUSPEND, DISCHARGE, OR OTHERWISE DISCIPLINE
EMPLOYEES FOR CAUSE, SUBJECT TO THE GRIEVANCE PROCEDURE SET FORTH IN
THE COLLECTIVE BARGAINING AGREEMENT; AND
(XVIII) ISSUE AND ENFORCE RULES, POLICIES, AND REGULATIONS
NECESSARY TO CARRY OUT THIS SUBSECTION AND ALL OTHER MANAGERIAL
FUNCTIONS THAT ARE NOT INCONSISTENT WITH THIS DIVISION II, FEDERAL OR
STATE LAW, OR THE TERMS OF A COLLECTIVE BARGAINING AGREEMENT.
(2) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, THIS
SUBTITLE AND ANY AGREEMENT MADE UNDER IT DO NOT IMPAIR THE RIGHT AND
RESPONSIBILITY OF THE MONTGOMERY COMMISSION TO CREATE, ALTER, COMBINE,
CONTRACT OUT, OR ABOLISH A JOB CLASSIFICATION, DEPARTMENT, OPERATION,
UNIT, OR OTHER DIVISION OR SERVICE.
(II) THE MONTGOMERY COMMISSION MAY UNDERTAKE THE
CONTRACTING OF WORK THAT WILL DISPLACE EMPLOYEES ONLY IF THE
MONTGOMERY COMMISSION GIVES WRITTEN NOTICE TO THE CERTIFIED
REPRESENTATIVE AT LEAST 90 DAYS BEFORE SIGNING THE CONTRACT OR WITHIN A
DIFFERENT PERIOD THAT IS AGREED TO BY THE PARTIES.
(B) PROHIBITED ACTS.
(1) THE MONTGOMERY COMMISSION MAY NOT:
(I) INTERFERE WITH, COERCE, OR RESTRAIN AN EMPLOYEE IN
THE EXERCISE OF RIGHTS UNDER THIS SUBTITLE;
(II) DOMINATE, INTERFERE WITH, OR ASSIST IN THE FORMATION,
ADMINISTRATION, OR EXISTENCE OF ANY EMPLOYEE ORGANIZATION OR
CONTRIBUTE FINANCIAL ASSISTANCE OR OTHER SUPPORT TO AN EMPLOYEE
ORGANIZATION;
(III) ENCOURAGE OR DISCOURAGE MEMBERSHIP IN AN EMPLOYEE
ORGANIZATION BY DISCRIMINATING AGAINST AN EMPLOYEE THROUGH HIRING,
TENURE, PROMOTION, OR OTHER CONDITIONS OF EMPLOYMENT;
(IV) DISCHARGE OR 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; OR
(V) REFUSE TO BARGAIN IN GOOD FAITH WITH AN EMPLOYEE
ORGANIZATION THAT IS CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE OF A
BARGAINING UNIT OVER ANY SUBJECT OF BARGAINING OR REFUSE TO PARTICIPATE
IN GOOD FAITH IN THE MEDIATION, FACT-FINDING, OR GRIEVANCE PROCEDURE
UNDER THIS SUBTITLE.
(2) PARAGRAPH (1)(II) OF THIS SUBSECTION DOES NOT PROHIBIT THE
MONTGOMERY COMMISSION FROM ALLOWING EMPLOYEES TO NEGOTIATE OR TO
CONFER WITH THE MONTGOMERY COMMISSION OVER LABOR MATTERS DURING
WORK HOURS WITHOUT THE LOSS OF PAY OR TIME.
- 528 -
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