Md. Code, Public Utilities, Title 18

Md. Code, Public Utilities, Title 18
in effect

Md. Code, Public Utilities § 18-102

This subtitle does not prohibit the Commission from employing consulting or outside engineering services that the Commission considers necessary.

Md. Code, Public Utilities § 18-103

Except as otherwise provided by law, the provisions of the State Personnel and Pensions Article that govern skilled service and professional service employees do not apply to the Commission.

Md. Code, Public Utilities § 18-104

The Commission: (1) may employ personnel and make expenditures necessary to carry out the purposes of this subtitle; and (2) shall reimburse the State for any reasonable cost incurred by the Department of Budget and Management in carrying out the functions under this subtitle.

Md. Code, Public Utilities § 18-106

(a) The Commission shall organize its employees in a manner that promotes the efficient disposition of all matters within the Commission’s jurisdiction. (b) To carry out this division, the Commission may: (1) organize its employees into departments or other divisional organizations; (2) establish the functions, duties, and responsibilities of the general manager, secretary, treasurer, chief engineer, general counsel, inspector general, and other employees the Commission considers necessary; and (3) appoint, discharge, and set the compensation of its employees in accordance with this subtitle.

Md. Code, Public Utilities § 18-107

(a) The Commission may establish a merit system that includes all of its employees except: (1) the general manager, secretary, treasurer, and chief engineer; (2) the head of a department; (3) (i) the inspector general; and (ii) any temporary employee of the Office of the Inspector General appointed under § 17–603 of this article; and (4) a part time, temporary, or contract employee. (b) The Commission may: (1) appoint or promote a merit system employee to the position of general manager, department head, or inspector general or designate a merit system employee as the general manager, department head, or inspector general on an acting basis; (2) retain the employee in the merit system in the position or grade from which the employee was appointed or promoted; and (3) continue to exclude the positions of general manager, department head, and inspector general from the merit system.

Md. Code, Public Utilities § 18-108

(a) The Commission shall establish a list of each position to be included under the merit system and its corresponding salary. (b) The Commission may: (1) establish additional position classifications; and (2) combine, alter, or abolish existing position classifications and their corresponding salaries.

Md. Code, Public Utilities § 18-111

(a) (1) In this section the following words have the meanings indicated. (2) “Eligible veteran” means a veteran of any branch of the uniformed services who has received an honorable discharge or a certificate of satisfactory completion of service, including: (i) a reserve component; (ii) the Commissioned Corps of the Public Health Service; and (iii) the Commissioned Corps of the National Oceanic and Atmospheric Administration. (3) “Reserve component” has the meaning stated in § 9–901 of the State Government Article. (4) “Veteran” has the meaning stated in § 9–901 of the State Government Article. (b) The Commission may grant a preference in hiring and promotion to: (1) an eligible veteran; (2) the spouse of an eligible veteran who has a service–connected disability; or (3) the surviving spouse of a deceased eligible veteran. (c) Granting a preference under subsection (b) of this section does not violate any State or local equal employment opportunity law.

Md. Code, Public Utilities § 18-114

Unless otherwise provided by law, the Commission may not approve or pay any compensation for services unless the individual to whom the compensation is paid is an employee.

Md. Code, Public Utilities § 18-115

(a) Each merit system employee is entitled to the number of days of annual leave with pay that the Commission specifies by regulation. (b) The number of days of annual leave with pay specified by a regulation adopted under this section shall be: (1) at least 10 days but not more than 30 days in a calendar year; and (2) generally consistent with the annual leave schedules provided by other governmental agencies in the area of the sanitary district.

Md. Code, Public Utilities § 18-116

(a) In addition to annual leave, each merit system employee is entitled to up to 15 days of sick leave with pay in a calendar year. (b) (1) An employee may use sick leave at any time. (2) An employee who uses 3 or more consecutive days of sick leave must present a certificate from a licensed physician before the employee may receive payment for the period of absence. (c) An employee may accumulate unused sick leave up to 60 days or more as the Commission specifies by regulation. (d) The Commission, by regulation, may provide for granting a leave of absence for a longer period, with full or partial pay, to an employee who is disabled through an injury or illness resulting or arising from the employee’s employment with the Commission.

Md. Code, Public Utilities § 18-117

(a) The Commission, by regulation, may provide for the designation by a merit system employee of the individual to whom the employee’s final salary payment, and any payment due for unused annual leave, should be made on the death of the employee. (b) (1) The designation of the beneficiary shall be: (i) in writing; and (ii) on file with the Commission before the death of the employee. (2) (i) The writing need not be in testamentary form. (ii) The designation and payment are not testamentary dispositions. (c) The Commission may make the payments described in subsection (a) of this section directly to the beneficiary designated by the employee.

Md. Code, Public Utilities § 18-118

(a) The Commission may establish a pension or retirement plan for its employees. (b) (1) The Commission may: (i) contract with an insurance company for a group, annuity, retirement, or pension plan; and (ii) contribute to the plan as the Commission considers equitable or as required by contract. (2) The Commission’s contribution under paragraph (1)(ii) of this subsection shall be charged as expenses of the several functions of the Commission in the same proportion that the receipts of the respective functions bear to the total receipts of the Commission.

Md. Code, Public Utilities § 18-119

(a) The Commission may transfer an employee from one department to another. (b) A transfer may not result in a diminution of an employee’s salary unless: (1) the employee agrees to the reduced salary; or (2) the Secretary concurs in the reduction.

Md. Code, Public Utilities § 18-120

An employee may be separated from the merit system: (1) temporarily through suspension, layoff, or leave of absence; or (2) permanently through removal or resignation.

Md. Code, Public Utilities § 18-121

(a) The Commission may suspend an employee for disciplinary purposes for up to 30 days. (b) Each suspension shall be without pay. (c) An employee may not be suspended for disciplinary purposes for more than 30 days in a calendar year.

Md. Code, Public Utilities § 18-122

(a) An employee who is laid off because a position has been abolished, discontinued, or vacated because of a change in departmental organization or because of a stoppage or lack of work shall be placed on the eligible list for the classification of position from which the employee is laid off. (b) If a vacancy occurs in the employee’s merit system position, the employee shall be reemployed in preference to any eligible individual who is not an employee of the Commission.

Md. Code, Public Utilities § 18-123

(a) An employee may not be permanently removed except for cause and after an opportunity to be heard. (b) An employee who is permanently removed may appeal to the Office of Administrative Hearings in accordance with § 4–401 of the State Personnel and Pensions Article. (c) An employee may not be permanently removed from the merit system because of religious or political opinions or affiliations.

Md. Code, Public Utilities § 18-124

(a) The Commission, by regulation, shall establish what constitutes a resignation. (b) A regulation adopted under subsection (a) of this section is subject to the approval of the Secretary.

Md. Code, Public Utilities § 18-125

(a) On or before October 1, 2010, the Commission shall adopt regulations that establish comprehensive Commission employee whistleblower protections. (b) The regulations adopted under subsection (a) of this section shall: (1) be similar to the provisions of Title 5, Subtitle 3 of the State Personnel and Pensions Article; (2) prohibit a manager or supervisor from taking or refusing to take a personnel action as a reprisal against an employee who: (i) discloses information that the employee reasonably believes evidences: 1. an abuse of authority, gross mismanagement, or gross waste of money; 2. a substantial and specific danger to public health or safety; or 3. a violation of law; or (ii) following a disclosure under item (i) of this item, seeks a remedy provided by regulation or any other law; (3) require the Commission to provide the employees of the Commission with written notice of the protections and remedies provided by the regulations; (4) set up a procedure by which an employee who seeks relief for a violation of the regulations may file a complaint or a grievance; (5) establish a system for investigating complaints and grievances; and (6) set forth remedial actions that may be taken by the Commission if a violation of the regulations is found to have occurred.

Md. Code, Public Utilities § 18-126

(a) A person may not impersonate another in an examination held under this subtitle. (b) A person may not willfully or corruptly falsify a score or report on an examination held under this subtitle. (c) (1) A person, acting alone or in cooperation with another, may not: (i) willfully or corruptly deceive an individual about the right to take an examination held under this subtitle; (ii) willfully or corruptly interfere with the right of an individual to take an examination held under this subtitle; (iii) falsify, or assist another to falsify, a score, grade, estimate, or report on the examination or standing of an individual examined under this subtitle; or (iv) give to an individual any special information in order to improve or harm the individual’s rating for appointment or employment. (2) Notwithstanding paragraph (1)(iv) of this subsection, a person may answer any inquiry from the Secretary. (d) A candidate for employment may not deceive the Commission or the Secretary in order to improve the candidate’s chances for appointment. (e) (1) A candidate for appointment to a merit system position may not sign a resignation from that position in advance of the appointment. (2) A resignation signed in violation of paragraph (1) of this subsection is void and of no effect.

Md. Code, Public Utilities § 18-201

(a) (1) (i) In this subsection the following words have the meanings indicated. (ii) “Confidential employee” means an employee who assists or acts in a confidential capacity with respect to an individual who formulates, determines, or implements management policies in the field of labor–management relations. (iii) “Probationary employee” means a Commission merit system employee during the employee’s initial probationary period after hiring. (2) The rights granted to Commission merit system employees under this subtitle do not apply to: (i) attorneys in the Office of the General Counsel; (ii) confidential employees; (iii) probationary employees; (iv) employees in the Office of the General Manager; (v) employees in the Office of the Inspector General; (vi) employees in the Office of the Secretary; or (vii) supervisors, as defined in § 2(11) of the National Labor Relations Act, 29 U.S.C. § 152(11). (b) (1) Commission employees are divided into five bargaining units consisting of: (i) an office unit that includes: 1. office classification titles in which employees are responsible for internal and external communications, recording and retrieving information, and paperwork required in an office; 2. paraprofessional classification titles in which employees perform, in a supportive role, some of the duties of a professional or a technician but that usually require less formal training or experience than those duties performed by those with professional or technical status; and 3. all other nonprofessional job titles currently unrepresented by any other union; (ii) a professional unit that includes professional classification titles in which employees have special or theoretical knowledge that is usually acquired through college training or other training that provides comparable knowledge or work experience; (iii) a service, labor, and trade unit that includes: 1. classification titles in which employees: A. perform service and maintenance; B. may operate specialized machinery or heavy equipment; and C. have duties that contribute to the comfort and convenience of the public or to the upkeep and care of Commission buildings, facilities, or grounds; 2. classification titles in which employees are required to have a special manual skill and thorough knowledge of processes that are required through on–the–job training, experience, apprenticeship, or other formal training programs; and 3. classification titles included in the service, labor, and trade bargaining unit as constituted on January 1, 2003; (iv) a law enforcement unit that includes Commission police officers; and (v) a technical unit that includes technical classification titles in which employees have a combination of basic scientific or technical knowledge and manual skill that is usually acquired through specialized postsecondary school education or through equivalent on–the–job training. (2) If a single employee organization is certified to represent more than one bargaining unit, the Commission shall negotiate a single contract with that organization covering all employees the organization represents.

Md. Code, Public Utilities § 18-202

(a) The Commission shall recognize the right of an employee organization, certified under this subtitle as the exclusive representative of a bargaining unit, to represent the employees of the bargaining unit in collective bargaining and in the settlement of grievances. (b) An employee organization certified as the exclusive representative of a bargaining unit shall: (1) serve as the sole bargaining agent for the unit in collective bargaining; and (2) represent all employees in the bargaining unit fairly, without discrimination, and without regard to whether an employee is a member of the employee organization. (c) An employee organization meets the requirements of subsection (b)(2) of this section if the employee organization’s actions with respect to employees who are members of the employee organization and employees who are not members of the employee organization are not arbitrary, discriminatory, or in bad faith.

Md. Code, Public Utilities § 18-203

(a) After a public hearing, the Commission shall appoint an experienced neutral third party to serve as labor relations administrator for 1 year. (b) (1) After the term for the labor relations administrator appointed under subsection (a) of this section expires, the exclusive representative or representatives and the Commission shall jointly appoint a labor relations administrator from a list of five nominees on whom they have agreed. (2) If the exclusive representative or representatives and the Commission are unable to jointly agree on a list of five nominees or are unable to jointly appoint a labor relations administrator from the list, the Commission shall request from the American Arbitration Association a list of 15 candidates located in the State or the Washington, D.C. metropolitan area. (3) The Commission and the exclusive representative or representatives shall select the labor relations administrator by each of the parties striking one name from the list until the last name remains. (4) A random drawing shall determine the order in which the parties shall strike names. (5) The labor relations administrator shall be appointed for a term of 3 years. (c) After the term for the labor relations administrator appointed under subsection (a) of this section expires and after a public hearing on the appointment, if no exclusive representative has been certified under this subtitle, the Commission shall appoint the next labor relations administrator for a term not exceeding 1 year. (d) A labor relations administrator is eligible for reappointment.

Md. Code, Public Utilities § 18-204

(a) An employee organization that is certified or that seeks certification as an exclusive representative under this subtitle shall submit to the labor relations administrator: (1) a copy of the employee organization’s constitution and bylaws; and (2) any subsequent change in the employee organization’s constitution or bylaws. (b) The constitution or bylaws shall include: (1) a pledge that the employee organization accept members without regard to age, marital status, national origin, race, religion, disability, sexual orientation, sex, or gender identity; (2) the right of members to participate in the affairs of the employee organization; (3) procedures for periodic elections for officers by secret ballot; (4) fair procedures governing disciplinary actions; (5) procedures for the accurate accounting of all income and expenditures; (6) a requirement that an independent annual financial report be produced; and (7) the right of members to inspect the organization’s accounts.

Md. Code, Public Utilities § 18-205

(a) The labor relations administrator shall conduct an election for an exclusive representative after: (1) an employee organization demonstrates, by petition, that at least 30% of the eligible employees in a bargaining unit support representation by an exclusive representative for collective bargaining; or (2) an employee or an employee organization demonstrates, by petition, that at least 30% of the eligible employees in a bargaining unit no longer support the current exclusive representative. (b) (1) At least 45 days before an election, the labor relations administrator shall provide, and the Commission shall post in conspicuous places in the Commission’s facilities, a notice of the upcoming election. (2) The notice shall contain: (i) the date, time, and place of the election; (ii) a description of which employees are eligible to vote in the election; (iii) notification that a list of the names and home addresses of employees eligible to vote will be provided to the participating employee organizations; (iv) instructions on how employees can remove their addresses from the list in accordance with subsection (c)(2) of this section; and (v) any other information that, in the judgment of the labor relations administrator, is appropriate to convey to Commission employees. (c) (1) At least 45 days before an election, the labor relations administrator shall obtain from the Commission the eligible employee voting list, which includes the names and home addresses of every employee in the bargaining unit. (2) Commission employees may have their addresses removed from the eligible employee voting list by individually notifying the labor relations administrator in writing within 15 days after the posting of the notice required in subsection (b) of this section. (3) After the 15–day period, the labor relations administrator shall provide the redacted eligible employee voting list to the employee organization. (4) The provision of the eligible employee voting list under this subsection by the Commission, the labor relations administrator, or a Commission official, employee, or other agent does not constitute a violation of § 4–331 of the General Provisions Article or any State or local law, regulation, or ordinance. (d) Elections shall be conducted by secret ballot containing: (1) the name of each employee organization that submits a valid petition requiring an election; (2) the name of any other employee organization supported by a petition signed by at least 10% of the eligible employees in the bargaining unit; and (3) an option for no representation. (e) (1) If none of the choices on the ballot receives a majority of the votes cast, the labor relations administrator shall hold a runoff election. (2) In the runoff election, the ballot shall contain the two choices that received the highest number of votes in the initial election. (f) After the election, the labor relations administrator shall certify an employee organization that received a majority of the votes cast as the exclusive representative. (g) The Commission and the employee organization or organizations shall share equally the costs of the election. (h) (1) Elections may not be conducted: (i) within 1 year after the date of a valid initial election under this section; or (ii) except as provided in paragraph (2) of this subsection, during the term of a collective bargaining agreement. (2) During the term of a collective bargaining agreement, a petition for an election may be filed only during November of the fiscal year in which the agreement expires.

Md. Code, Public Utilities § 18-206

(a) If the Commission and an employee organization dispute the eligibility of an employee in a bargaining unit, the dispute shall be submitted to the labor relations administrator. (b) The labor relations administrator shall hold one or more evidentiary hearings at which the Commission and interested employee organizations shall have the opportunity to present testimony, documentary and other evidence, and arguments. (c) The decision of the labor relations administrator is final. (d) The Commission and the employee organization or organizations shall share equally the costs of the hearings.

Md. Code, Public Utilities § 18-207

(a) The Commission and an employee organization certified as the exclusive representative shall meet and engage in collective bargaining in good faith regarding: (1) salary and wages, including the percentage of the increase in the salary and wages budget that will be devoted to merit increments and cash awards; (2) pension and other retirement benefits for active employees; (3) employee benefits such as insurance, leave, holidays, and vacations; (4) hours and working conditions; (5) provisions for the orderly processing and settlement of grievances concerning the interpretation and implementation of a collective bargaining agreement that may include: (i) binding third party arbitration; and (ii) provisions for the exclusivity of forum; (6) matters affecting the health and safety of employees; and (7) the effect on employees of the exercise of the Commission’s rights and responsibilities under § 18–211 of this subtitle. (b) This section does not require the Commission or the employee organization to agree to any proposal or to make any concession. (c) (1) (i) Collective bargaining may not begin later than September 1 before the beginning of a fiscal year for which an agreement has not been reached between the Commission and the certified representative. (ii) Collective bargaining shall finish on or before the following February 1. (2) During the period set in paragraph (1) of this subsection, the parties shall negotiate in good faith. (d) Salaries and wages shall be uniform for all employees in the same classification. (e) The Commission and the employee organization shall share equally the costs of binding arbitration. (f) (1) Notwithstanding any other provision of this subtitle, pension and other retirement benefits for active employees may not be subject to binding arbitration. (2) Collective bargaining regarding pension and other retirement benefits for active employees may not require the Commission to offer more than one pension plan to its employees. (3) If more than one employee organization is certified as an exclusive representative of a bargaining unit, the Commission shall engage in collective bargaining with all exclusive representatives at the same time about the terms of pension and other retirement benefits for active employees.

Md. Code, Public Utilities § 18-208

(a) (1) If the parties have not reached an agreement on or before December 1 on a collective bargaining agreement that would become effective the following July 1, the parties shall jointly appoint a mediator–arbitrator. (2) If the parties are unable to agree on a mediator–arbitrator, the labor relations administrator shall name the mediator–arbitrator on or before December 7. (3) Notwithstanding appointment of the mediator–arbitrator, this section does not require commencement of mediation–arbitration before the date stated in subsection (c) of this section. (b) During the course of the collective bargaining, either party may declare an impasse and request the services of the mediator–arbitrator, or the parties may jointly request the services of a mediator–arbitrator before an impasse is declared. (c) If the mediator–arbitrator finds in the mediator–arbitrator’s sole discretion that the parties are at a bona fide impasse or on February 1, whichever occurs earlier, the mediator–arbitrator shall direct the parties to submit: (1) a joint memorandum listing all items to which the parties previously agreed; and (2) a separate memorandum of each party’s last final offer presented in negotiations on all items to which the parties did not previously agree. (d) (1) On or before February 10, the mediator–arbitrator shall hold a closed hearing on the parties’ proposals at a time, date, and place selected by the mediator–arbitrator. (2) Each party shall submit evidence or make oral and written argument in support of the party’s last final offer. (3) The mediator–arbitrator may not open the hearing to a person who is not a party to the mediation–arbitration. (e) (1) On or before February 15, the mediator–arbitrator shall issue a report that resolves all items that the parties have not agreed on previously. (2) In resolving the items not previously agreed on, the mediator–arbitrator may consider the following factors: (i) past collective bargaining contracts between the parties, including the past bargaining history that led to the agreement or the pre–collective bargaining history of employee wages, hours, benefits, and other working conditions; (ii) a comparison of wages, hours, benefits, and conditions of employment of similar employees of other public employers in the State and the Washington, D.C. metropolitan area; (iii) a comparison of wages, hours, benefits, and conditions of employment of similar employees of private employers in Montgomery County and Prince George’s County; (iv) the public interest and welfare; (v) the ability of the employer to finance any economic adjustments required under the proposed agreement; (vi) the effect of any economic adjustments on the standard of public services normally provided by the employer; and (vii) the annual increase or decrease in consumer prices for all items as reflected in the most recent Consumer Price Index – Urban Wage Earners and Clerical Workers (“CPI–W”) for the Washington Metropolitan Area. (3) In resolving the items not previously agreed on, the mediator–arbitrator shall consider all items on which the parties agreed before the mediation–arbitration began to be integrated with each offer. (f) (1) (i) Subject to subparagraph (ii) of this paragraph, without ratification by the parties, the offer selected by the mediator–arbitrator, as integrated with the items on which the parties previously agreed, shall be the final agreement between the Commission and the exclusive representative. (ii) The Commission shall request funds in the Commission’s final budget from the county councils of Montgomery County and Prince George’s County for all economic provisions of the final agreement. (2) The parties shall execute an agreement incorporating the final agreement, including mediation–arbitration awards and all issues agreed to under this subtitle. (g) The Commission and the employee organization shall share equally the costs of the mediator–arbitrator’s services.

Md. Code, Public Utilities § 18-209

(a) The Commission and an employee organization certified as the exclusive representative of a bargaining unit shall execute a collective bargaining agreement incorporating all matters of agreement on wages, hours, and other terms and conditions of employment. (b) If a collective bargaining agreement provides for a grievance procedure, that grievance procedure shall be the sole procedure for employees in the bargaining unit. (c) The collective bargaining agreement may include an agency shop or other union security provision. (d) The collective bargaining agreement supersedes any conflicting regulation or administrative policy of the Commission. (e) A single–year or multiyear collective bargaining agreement shall expire at the close of the appropriate fiscal year. (f) A collective bargaining agreement takes effect on the approval by the Commission and the membership of the union representing the bargaining unit. (g) This section does not limit an employee’s right to an appeal to the Office of Administrative Hearings under § 18–123(b) of this title.

Md. Code, Public Utilities § 18-210

(a) (1) The Commission shall include in its annual proposed operating budget, which it submits to the county executives of Montgomery County and Prince George’s County, provisions for the funding of all terms included in all collective bargaining agreements. (2) Unless the county councils of Montgomery County and Prince George’s County both approve the Commission’s budget so as to approve the terms of the collective bargaining agreement, the Commission and the employee organization, within 5 days after the annual joint county council meeting, shall reopen the negotiated agreement and bargain with respect to the provisions of the agreement not approved by the county councils. (b) If a provision in a collective bargaining agreement is not funded by Montgomery County or Prince George’s County or is ruled invalid, the remainder of the agreement remains in effect unless reopened under subsection (a)(2) of this section.

Md. Code, Public Utilities § 18-211

This subtitle and any agreement made under it may not impair the right and responsibility of the Commission to: (1) determine the overall budget and mission of the Commission; (2) maintain and improve the efficiency and effectiveness of operations; (3) determine the services to be rendered and the operations to be performed; (4) determine the location of facilities and the overall organizational structure, methods, processes, means, job classifications, and personnel by which operations are to be conducted; (5) direct and supervise employees; (6) hire, select, and establish the standards governing promotion of employees and classify positions; (7) relieve employees from duties because of lack of work or funds or when the Commission determines continued work would be inefficient or nonproductive; (8) take actions to carry out the missions of government in situations of emergency; (9) transfer and schedule employees; (10) determine the size, grades, and composition of the workforce; (11) set the standards of productivity and technology; (12) establish employee performance standards and evaluate and assign employees, except that evaluation and assignment procedures may be a subject for collective bargaining; (13) make and implement systems for awarding outstanding service increments, extraordinary performance awards, and other merit awards; (14) introduce new or improved technology, research, development, and services; (15) control and regulate the use of machinery, equipment, and other property and facilities of the Commission, subject to § 18–207(a)(6) of this subtitle; (16) maintain internal security standards; (17) 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 or as provided by law; and (19) issue and enforce rules, policies, and regulations necessary to carry out this section and all other managerial functions that are not inconsistent with federal or State law or the terms of a collective bargaining agreement.

Md. Code, Public Utilities § 18-212

(a) (1) The 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 any 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 binding arbitration or grievance procedures under this subtitle. (2) Paragraph (1)(ii) of this subsection does not prohibit the Commission from allowing employees to negotiate or to confer with the Commission over labor matters during work hours without the loss of pay or time. (b) The Commission may not contract out work that will displace employees in a bargaining unit unless the Commission gives written notice to the certified representative of the bargaining unit at least 90 days before signing the contract or within a different period of time as agreed by the parties.

Md. Code, Public Utilities § 18-213

(a) An employee organization may not: (1) interfere with, coerce, or restrain an employee in the exercise by the employee of any right under this subtitle; (2) cause or attempt to cause the Commission to discriminate against an employee in the exercise by the employee of any right under this subtitle; (3) coerce, discipline, fine, or attempt to coerce a member of an employee organization as punishment or reprisal; (4) coerce, discipline, fine, or attempt to coerce a member of an employee organization for the purpose of impeding the member’s work performance; (5) refuse to negotiate in good faith with the Commission as required under § 18–207 of this subtitle; or (6) fail or refuse to cooperate in impasse procedures and impasse decisions as required under § 18–208 of this subtitle. (b) Only an eligible employee may file an unfair labor charge against an employee organization for a violation of subsection (a)(3) or (4) of this section.

Md. Code, Public Utilities § 18-214

(a) Commission employees shall retain the right to: (1) form, join, or assist any employee organization; (2) bargain collectively through the representative that they have chosen; (3) engage in other lawful concerted activities for the purpose of collective bargaining; and (4) refrain from any activity covered under this paragraph. (b) An employee may only present a grievance arising under a collective bargaining agreement to the Commission through the employee organization certified as the exclusive representative for the bargaining unit. (c) (1) An employee who is a member of a bargaining unit with an exclusive representative may discuss any matter with the General Manager of the Commission or the General Manager’s designee. (2) The Commission may not alter any terms or conditions of employment that are subject to collective bargaining under § 18–207 of this subtitle without following the process for collective bargaining under this subtitle.

Md. Code, Public Utilities § 18-215

(a) In this section, “strike” means the action of an employee, in concert with others, to: (1) refuse to report to work; (2) stop or slow down work; or (3) abstain wholly or partly from the full, faithful, and proper performance of duties for the purpose of inducing, influencing, or coercing a change in the terms, conditions, rights, or privileges of employment. (b) A Commission employee, group of Commission employees, or employee organization may not engage in, induce, initiate, or ratify a strike by Commission employees. (c) If a strike occurs, a court of competent jurisdiction may enjoin the strike on request of the Commission. (d) An employee may not receive compensation from the Commission while the employee is engaged in a strike. (e) (1) If an employee engages in, induces, initiates, or ratifies a strike, the Commission may take appropriate disciplinary action against the employee, including suspension or discharge. (2) If disciplinary action is taken and appealed, the labor relations administrator shall hold a hearing on the disciplinary action at which the Commission, the employee, and any interested employee organization may present evidence and argument. (f) (1) If after a hearing an employee organization certified as an exclusive representative is found by the labor relations administrator to have assisted, authorized, or initiated a strike involving the refusal of 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 subsection may not be recertified for 2 years after the end of the strike. (3) If after a hearing an employee organization certified as an exclusive representative is found by the labor relations administrator to have assisted, authorized, or initiated any other type of strike, the labor relations administrator may revoke the certification of the employee organization for up to 1 year after the end of the strike.

Md. Code, Public Utilities § 18-216

(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 subtitle. (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 found to have committed the unfair labor practice to cease and desist from the prohibited practice; and (4) order all relief necessary to remedy the violation of this subtitle and otherwise to make whole any injured employee or employee organization or the Commission, if injured, including reinstatement, restitution, back pay, or other remedy 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’s fees for purposes of satisfying the requirements of subsection (d)(4) of this section. (f) If the labor relations administrator finds that the party charged has not committed an unfair labor practice, the labor relations administrator shall issue an order dismissing the charges. (g) (1) Subject to paragraph (2) of this subsection, the labor relations administrator’s decision is final. (2) A party may seek judicial review of the decision on the basis that the decision is arbitrary, capricious, or exceeds the authority of the labor relations administrator. (h) The Commission and the employee organization shall share equally the costs 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 file an action to enforce the order with the circuit court for the county in which any of the involved employees work.

Md. Code, Public Utilities § 18-217

(a) This section applies to the expression of any personal view, argument, or opinion or the making of any personal statement that: (1) (i) publicizes the fact of a representational election and encourages employees to exercise their right to vote in the election; (ii) corrects the record with respect to any false or misleading statement made by any person; or (iii) informs employees of the Commission’s policy relating to labor–management relations and representation; (2) does not contain a threat of reprisal, force, or promise of benefit; and (3) is not made under coercive conditions. (b) The expression of any personal view, argument, opinion, or statement described in subsection (a) of this section does not constitute: (1) an unfair labor practice under the provisions of this subtitle; or (2) grounds for setting aside any election conducted under this subtitle.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026