Maryland Statutes
Subtitle 3 - Collective Bargaining
Section 16-314 - Montgomery Commission Rights and Duties

(a)    (1)    This subtitle and any agreement made under it do not impair the right and duty of the Montgomery Commission to:
            (i)    determine the budget and mission of the Montgomery Commission;
            (ii)    maintain and improve the efficiency and effectiveness of operations;
            (iii)    determine the services to be rendered and the operations to be performed;
            (iv)    determine the location of facilities and the organizational structure, methods, processes, means, job classifications, and personnel by which operations are to be conducted;
            (v)    direct and supervise employees;
            (vi)    hire, choose, and establish the standards governing promotion of employees, and classify positions;
            (vii)    relieve employees from duties because of lack of work or money or when the Montgomery Commission determines that continued work would be inefficient or nonproductive;
            (viii)    take action to carry out the missions of government in emergencies;
            (ix)    transfer and schedule employees;
            (x)    determine the size, grades, and composition of the workforce;
            (xi)    set the standards of productivity and technology;
            (xii)    establish employee performance standards and evaluate and assign employees, except that evaluation and assignment procedures shall be a subject for bargaining;
            (xiii)    make and carry out systems for awarding outstanding service increments, extraordinary performance awards, and other merit awards;
            (xiv)    introduce new or improved technology, research, development, and services;
            (xv)    control and regulate the use of machinery, equipment, and other property and facilities of the Montgomery Commission, subject to § 16–308(a)(5) of this subtitle;
            (xvi)    maintain internal security standards;
            (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)    (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.