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Session Laws, 2003
Volume 799, Page 2963   View pdf image
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ROBERT L. EHRLICH, JR., Governor                             Ch. 424

(15)    CONTROL AND REGULATE THE USE OF MACHINERY, EQUIPMENT,
AND OTHER PROPERTY AND FACILITIES OF THE COMMISSION, SUBJECT TO THE
PROVISIONS OF SUBSECTION (J)(1)(VI) OF THIS SECTION;

(16)    MAINTAIN INTERNAL SECURITY STANDARDS;

(17)    SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION, CREATE, ALTER,
COMBINE, CONTRACT OUT, OR ABOLISH ANY JOB CLASSIFICATION, DEPARTMENT,
OPERATION, UNIT, OR OTHER DIVISION OR SERVICE;

(18)    SUSPEND, DISCHARGE, OR OTHERWISE DISCIPLINE EMPLOYEES FOR
CAUSE, SUBJECT TO THE GRIEVANCE PROCEDURE STATED IN THE COLLECTIVE
BARGAINING AGREEMENT; AND

(19)    ISSUE AND ENFORCE RULES, POLICIES, AND REGULATIONS
NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SUBSECTION AND ALL OTHER
MANAGERIAL FUNCTIONS THAT ARE NOT INCONSISTENT WITH THIS ARTICLE,
FEDERAL OR STATE LAW, OR THE TERMS OF A COLLECTIVE BARGAINING
AGREEMENT.

(B)     THE COMMISSION MAY NOT:

(1)      INTERFERE WITH, COERCE, OR RESTRAIN AN EMPLOYEE IN THE
EXERCISE OF RIGHTS UNDER THIS SECTION;

(2)      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;

(3)      ENCOURAGE OR DISCOURAGE MEMBERSHIP IN ANY EMPLOYEE
ORGANIZATION BY DISCRIMINATING AGAINST THE EMPLOYEE THROUGH HIRING,
TENURE, PROMOTION, OR OTHER CONDITIONS OF EMPLOYMENT;

(4)      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 SECTION; OR

(5)      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 BINDING ARBITRATION OR GRIEVANCE PROCEDURE UNDER THIS
SECTION.

(C)     THE COMMISSIONER MAY NOT CONTRACT OUT WORK THAT WILL
DISPLACE EMPLOYEES UNLESS THE COMMISSION GIVES WRITTEN NOTICE TO THE
CERTIFIED REPRESENTATIVE AT LEAST 90 DAYS BEFORE SIGNING THE CONTRACT
OR WITHIN A DIFFERENT PERIOD OF TIME AS AGREED BY THE PARTIES.

- 2963 -

 

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Session Laws, 2003
Volume 799, Page 2963   View pdf image
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