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ROBERT L. EHRLICH, JR., Governor
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Ch. 63
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(D) STRIKING EMPLOYEES PROHIBITED FROM RECEIVING COMPENSATION
FROM MONTGOMERY COMMISSION.
AN EMPLOYEE MAY NOT RECEIVE COMPENSATION FROM THE MONTGOMERY
COMMISSION WHILE THE EMPLOYEE IS ENGAGED IN A STRIKE.
(E) DISCIPLINARY ACTION AGAINST STRIKING EMPLOYEES.
(1) IF AN EMPLOYEE ENGAGES IN, INDUCES, INITIATES, OR RATIFIES A
STRIKE, THE MONTGOMERY COMMISSION MAY TAKE APPROPRIATE DISCIPLINARY
ACTION AGAINST THE EMPLOYEE, INCLUDING SUSPENSION OR DISCHARGE. .
(2) THE LABOR RELATIONS ADMINISTRATOR SHALL HOLD A HEARING
ON THE DISCIPLINARY ACTION AT WHICH THE MONTGOMERY COMMISSION, THE
EMPLOYEE, AND ANY INTERESTED EMPLOYEE ORGANIZATION MAY PRESENT
EVIDENCE AND ARGUMENT.
(F) REVOCATION OF CERTIFICATION OF EMPLOYEE ORGANIZATION.
(1) IF THE LABOR RELATIONS ADMINISTRATOR FINDS AFTER A
HEARING THAT AN EMPLOYEE ORGANIZATION CERTIFIED AS AN EXCLUSIVE
REPRESENTATIVE ASSISTED, AUTHORIZED, OR INITIATED A STRIKE INVOLVING THE
REFUSAL OF MONTGOMERY COMMISSION EMPLOYEES TO REPORT FOR WORK, THE
LABOR RELATIONS ADMINISTRATOR SHALL REVOKE THE CERTIFICATION OF THE
EMPLOYEE ORGANIZATION.
(2) AN EMPLOYEE ORGANIZATION DECERTIFIED UNDER PARAGRAPH (1)
OF THIS PARAGRAPH MAY NOT BE RECERTIFIED FOR 2 YEARS AFTER THE END OF
THE STRIKE.
(3) IF THE LABOR RELATIONS ADMINISTRATOR FINDS AFTER A
HEARING THAT AN EMPLOYEE ORGANIZATION CERTIFIED AS AN EXCLUSIVE
REPRESENTATIVE ASSISTED, AUTHORIZED, OR INITIATED ANY OTHER KIND OF
STRIKE, THE LABOR RELATIONS ADMINISTRATOR MAY REVOKE THE CERTIFICATION
OF THE EMPLOYEE ORGANIZATION FOR UP TO 1 YEAR FROM THE END OF THE
STRIKE.
RE VISOR'S NOTE: This section is new language derived without substantive
change from former Art. 44A, § 2-106(t).
Defined term: "Montgomery Commission" § 16-101
16-318. UNFAIR LABOR PRACTICES.
(A) UNFAIR LABOR PRACTICES.
IT IS AN UNFAIR LABOR PRACTICE FOR THE MONTGOMERY COMMISSION OR AN
EMPLOYEE ORGANIZATION CERTIFIED AS AN EXCLUSIVE REPRESENTATIVE OF A
BARGAINING UNIT TO VIOLATE THE RIGHTS OF A MONTGOMERY COMMISSION
EMPLOYEE UNDER THIS SUBTITLE.
(B) SUBMISSION OF THE CHARGE.
- 531 -
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