It is the public policy of this county, pursuant to Charter
Section 601.1, enacted as a result of citizen initiative, and the
purpose of this article is to promote a harmonious, peaceful and cooperative
relationship between the county government and its law enforcement
employees and to protect the public by assuring, at all times, the
responsive, orderly and efficient operation of the Sheriff's office.
Since unresolved disputes in the Sheriff's office are injurious to
the public and to law enforcement personnel as well, adequate means
should be provided for preventing such unresolved disputes and for
resolving them when they occur. To that end, it is in the public interest
that law enforcement employees have the opportunity to bargain collectively
over wages, hours, and other terms and conditions of employment through
a representative of their choice or to refrain therefrom; and that
any collective bargaining between the county government and a representative
of the law enforcement employees be done in good faith with no interference
with the orderly process of government and furthermore, that the agreements
reached through collective bargaining be concluded with due regard
for, and subject to, the provisions of applicable laws and the Charter
provisions governing public employment and fiscal procedures in the
county.
In this title, the following words have the meanings indicated.
The County Executive and officers and agents under the County
Executive's supervision.
A group of positions in the Sheriff's Office that under the
provisions of this article has been found to be an appropriate group
for the purpose of collective negotiations.
A procedure by which parties who are unable to agree on a
solution to a problem indicate their willingness to be bound by the
decision of a third party.
Shall include a person employed by the Sheriff's Office who
is classified as a sworn law enforcement officer and who has completed
his/her initial entrance level training for certification as a law
enforcement officer, and holds a rank below that of Lieutenant. This
shall in no way serve to modify any personnel policy of the employer
relative to a probationary period or the law enforcement officers'
bill of rights.
A lawful association, labor organization, federation, council
or brotherhood, the primary purpose of which is to represent employees
concerning terms and conditions of employment and having a local constitution
or bylaws and a roster of officers elected in accordance with the
constitution or bylaws, but the term does not include an organization
that advocates the overthrow of the constitutional form of government
in the United States or that discriminates with regard to the terms
or conditions of membership because of race, color, creed, sex, age,
national origin, or political affiliation.
An employee organization that has been certified as the collective
negotiating agent for an appropriate representation unit for the purpose
of representing all officers in the unit, regardless of employee organization
membership.
When the administration and exclusive representative are
unable to agree on the wages, hours, working conditions, or other
terms and conditions of employment to create a memorandum of agreement
after a reasonable period of negotiations.
An employee organization that has complied with the provisions
of this article that permit it to be included with the petitioning
employee organization as one of the choices on the ballot in a representation
election.
Specific areas within the subject area of bargaining.
A concerted failure to report for duty, the willful absence
from one's position, the stoppage or slowdown of work, or the abstinence
in whole or in part from the full, faithful, and proper performance
of the duties of employment, or deviation from normal or proper work
duties or activities, for the purpose of inducing, influencing, or
coercing the employer in the determination, implementation, interpretation,
or administration of terms or conditions of employment or of the rights,
privileges, or obligations of employment or of the status, recognition
or authority of the employee or an employee organization.
A subject matter area, such as wages, hours, or terms and
conditions of employment, overtime, call back, shift differential,
leave, grievance procedures, and safety procedures. Health benefits,
pension and other retirement benefits are not subject to binding arbitration
for Fiscal Year 2011.
A.
Employees shall have the right of self-organization, to form, join,
or assist employee organizations, to bargain collectively through
representatives of their own choosing on terms and conditions of employment,
and shall also have the right to refrain from any or all such activities.
B.
No employee, employee organization or other employee or employer
shall retaliate against any employee for their exercise of the rights
set forth herein, or for participating in any proceeding established
pursuant to this labor code.
C.
Nothing in this labor code shall prohibit an employee from presenting,
discussing or resolving any grievance directly with the employer and
without participation of the employee organization that represents
the employee.
A.
Notwithstanding any provisions of this article to the contrary, it
is the exclusive right of the county to:
(1)
Determine the purposes and objectives of each of its constituent
offices and departments;
(2)
Set standards of services to be offered to the public;
(3)
Determine the methods, means, personnel, and other resources by which
the county's operations are to be conducted;
(4)
Exercise control and discretion over its organization and operations;
(5)
Determine the budget of the Wicomico County Sheriff's Department,
including all financial obligations and expenditures, and to exercise
its taxing authority;
(6)
Determine the ways and amounts of funds it allocates to its various
departments and projects;
(7)
Direct its employees and adopt reasonable rules and regulations pertaining
to its purpose, operation, techniques, efficiency and management;
(8)
Determine staffing of the Wicomico County Sheriff's Department, including,
but not limited to, the hiring, promotion, transfer, assignment, and
retention of employees, the use of full- and part-time police officers,
seasonal police officers, police officer trainees, cadets, or reserve
police, and the number of such staff;
(9)
Suspend, demote, discharge or take disciplinary action against employees
with just cause, relieve employees from duty because of lack of work
or other legitimate reasons, and in the case of Sheriff's officers,
subject to the provisions of the law enforcement officers' bill of
rights or any amendment or successor thereto.
B.
The county shall not enter into or become bound by any collective
bargaining agreement pursuant to this labor code that contains terms
which infringe upon or limit the rights set forth in this section.
Neither an impasse panel nor an arbitrator determining a grievance
under a collective bargaining agreement shall have the authority to
add to, alter, amend, delete, modify or infringe upon any of the rights
set forth in this section.
C.
This section is part of each memorandum of agreement executed between
the county and a certified employee organization.
D.
If the county and an employee organization execute a memorandum of
agreement that removes class titles from or adds class titles to a
certified bargaining unit, the Personnel Officer shall have the authority
to effect the agreed upon changes to the certified bargaining unit
as of the effective date of agreement.
A.
The full-time sworn Deputy Sheriffs of the Wicomico County Sheriff's
Office shall constitute an appropriate bargaining unit for the purposes
of collective bargaining, but excluding officers at the Lieutenant
level and above.
B.
An employee organization which seeks formal recognition for purposes
of collective bargaining as an exclusive representative of the appropriate
bargaining unit of the Wicomico County Sheriff's Office shall file
a petition for certification with the Director of Human Resources
containing the following information and documentation:
(1)
A certified copy of the organization's constitution and bylaws along
with a roster of officers duly elected in accordance with such constitution
and bylaws, and a delineation of all interorganizational affiliations.
(2)
A statement that the employee organization has as a purpose the representation
of employees in their employment relations with the county.
(3)
A statement that the employee organization has no terms or conditions
of membership which discriminate with regard to race, color, creed,
sex, age, political affiliation, or national origin.
(4)
A request that the county recognize the employee organization as
the exclusive representative of the employees in the unit claimed
to be appropriate.
(5)
A written list containing each job title to be included in the proposed
representation unit.
(6)
A statement that the employee organization has in its possession
written proof dated within six months of the date upon which the petition
is filed, to establish that at least 30% of the employees in the unit
claimed to be appropriate have designated the employee organization
to represent them for purposes of collective bargaining with the county.
Said showing of interest shall be verified by the Director of Human
Resources.
C.
Such a petition may be received by the Director of Human Resources
only during the month of September.
D.
Upon receipt of such petition, the Director of Human Resources shall give adequate and timely notice of the filing to the County Executive, Wicomico County Sheriff, and to the employees in the proposed unit, and shall, within 20 days of the filing date of the petition, determine, with appropriate input from the County Executive and/or the Wicomico County Sheriff, that the proposed unit is an appropriate bargaining unit, or determine that an alternative unit is the appropriate bargaining unit, consistent at all times with § 59-6A of this labor code, and so notify the County Executive, the Wicomico County Sheriff, the petitioning employee organization, and the employees in the proposed unit.
E.
In the event that the Director of Human Resources and the petitioning
employee organization are in disagreement as to the determination
of the appropriate bargaining unit, the issue shall be submitted to
the County Personnel Board at the request of the County Executive
and/or the Wicomico County Sheriff, or the petitioning employee organization.
Any party aggrieved by the decision of the County Personnel Board
may appeal to the Circuit Court for Wicomico County. The costs of
litigation shall be borne equally by the parties involved.
F.
When an appropriate bargaining unit has been determined, the Director of Human Resources shall give adequate and timely notice of the determination to the County Executive, the Sheriff, the petitioning employee organization, and to all employees within the appropriate bargaining unit by posting at the work site, and shall arrange for a secret ballot certification election to be conducted by the Wicomico County Personnel Board, in which the employees in such unit shall be offered a choice between exclusive representation by the petitioning employee organization or of no exclusive representation. The secret ballot election shall be conducted at the employees' work site, and held on an appropriate non-weekend day approximately 35 days after the appropriate bargaining unit has been determined; provided, however, that if an intervener employee organization certifies within 10 days of the filing date of the petition that at least 10% of the employees in the unit have designated it to represent them for purposes of collective bargaining with the county and if such organization complies with the requirements of § 59-6B(1) through (3) inclusive, then the ballot shall offer a choice among the petitioning employee organization, any intervener employee organization, or of no exclusive representation.
G.
An employee organization shall be certified as exclusive representative
for purposes of collective bargaining following an election or run-off
election if the employee organization has received the vote of a numerical
majority of all the eligible employees in the unit in which the election
or run-off election is held. In an election involving three or more
choices, where none of the choices receives a majority of the votes
cast, a run-off election shall be conducted between the two choices
receiving the largest number of votes cast.
H.
No election shall be conducted in any representation unit in which
an election has been conducted within the preceding two years.
I.
The Director of Human Resources shall promulgate the results of all
elections.
A.
When an employee organization has been thus certified, the employee
organization shall have the right and duty, through appropriate officials
and representatives, to negotiate collectively with the county administration
in matters related to wages, hours, working conditions and other terms
of employment of all employees in the bargaining unit consistent at
all times with the provisions of this article, without discrimination
and without regard to any employee organization membership.
B.
Deduction of membership dues. Pursuant to the terms of a collective
bargaining agreement, an employee organization certified as the exclusive
representative of employees in the Sheriff's Department in an appropriate
bargaining unit may be granted the right, upon the presentation of
dues deduction authorization cards duly executed by individual employees
in said unit, to have such employees' membership dues deducted from
their paychecks and remitted to the designated employee organization;
such authorization shall be irrevocable for a period of one year,
and automatically renewable from year to year thereafter, unless written
notice of termination by the employee is given to the county at least
30 days prior to the anniversary date.
C.
No agreement between the employer and an employee organization that
authorizes the deduction of dues and/or service fees from the pay
of employees shall be valid and enforceable unless it contains a provision
whereby the employee organization agrees to indemnify the employer
for any and all claims arising out of the deduction of dues and/or
fees pursuant to this section.
D.
No agreement between the employer and an employee organization shall
compel any employee to become and remain a member of the employee
organization and/or pay dues.
A.
A decertification petition alleging that a certified employee organization
is no longer the choice of a majority of employees in an appropriate
bargaining unit may be filed with the Director of Human Resources
by an employee, a group of employees or their representative, or an
employee organization. Such petition must be accompanied by written
proof, dated within six months of the date on which the petition is
filed, of employee approval of a successor certified employee organization
equal to at least 30% of the employees within the representation unit.
B.
Such a petition may be received by the Director of Human Resources
only during the month of September of each year following the first
full year of exclusive representation, and no decertification petition
for the same representation unit shall be received more frequently
than every two years. If there is an existing collective bargaining
agreement. No decertification petition shall be received except in
the month of September immediately preceding the expiration date of
said collective bargaining agreement. The Director of Human Resources
shall arrange for verification of the thirty-percent employee approval
and a secret ballot election to be conducted by the Wicomico County
Personnel Board, in which the employees in such bargaining unit shall
be offered a choice between exclusive representation by the certified
employee organization, intervening organization or no exclusive representation;
provided, however, that if an intervener employee organization or
organizations comply fully with the requirements set forth in this
article, then the ballot shall offer a choice among the certified
employee organization, any intervener employee organization, or of
no exclusive representation.
A.
A memorandum of understanding executed between the employer and employee
organization certified as the exclusive representative of employees
in a designated unit may contain a provision whereby 1) all new employees
who do not elect to join or remain members of the employee organization
certified in their respective bargaining unit, or 2) all present employees
who previously have executed membership or dues authorization cards
as members of said certified employee organization, but, hereafter,
elect to terminate said membership and/or revoke said authorization
cards, shall be required, as a condition of employment, to pay a service
fee to the certified employee organization during the period that
said employee organization retains its certification, in an amount
not to exceed 75% of the then current union or employee organization
dues in order to defray the costs incurred by the said certified employee
organization in the negotiation, administration and implementation
of the terms of the memorandum of understanding, and all modifications
and amendments thereto, including related proceedings before an impasse
panel or arbitrators; in the processing of grievances; in the conduct
of disciplinary proceedings and in the appeal thereof; in the protection
and improvement of civil service rights; and in any and all other
proceedings and matters for which the employee organization is the
employees' exclusive representative as a result of its certification.
B.
The service fee provision as outlined herein shall apply if the employee
organization that is certified as the exclusive representative demonstrates
that 10% or more of the total employees eligible to be included within
an appropriate unit decline to authorize dues deductions imposed by
said employee organization.
A.
The County Executive and the exclusive representative shall meet
at reasonable times, including meetings in advance of the County's
budget-making process, and shall negotiate in good faith with respect
to wages, hours and other terms and conditions of employment which
are subject to negotiation under this article and which are to be
embodied in a written agreement, or any question arising thereunder;
but such obligation shall not compel either the County or the exclusive
representative to agree to a proposal or require the making of a concession.
The County Executive, or his designated authorized representative(s),
shall represent the employer in collective bargaining.
[Amended 3-5-2014 by Bill
No. 2014-03]
B.
Because effective and orderly operations of government are essential
to the public, it is declared to be in the public interest that in
the course of collective bargaining, the county and the exclusive
representative shall make every reasonable effort to conclude negotiations
no later than March 1 of each year, and shall include provisions in
the agreement for an effective date and an expiration date. With respect
to matters requiring the appropriation of funds, the effective date
of an agreement shall coincide with the county's fiscal year.
C.
An agreement may contain a grievance procedure culminating in final
and binding arbitration of grievances and disputed interpretations
of such agreement to the extent that such procedure is not inconsistent
with the statutory authority of the County Personnel Board. The grievance
procedure shall set forth requirements for an election of remedies
where other avenues of appeal may be equally available. The county
is authorized to agree to binding arbitration with respect to grievances
governed by the statutory authority of the County Director of Human
Resources.
D.
Any agreement reached by the negotiators shall be reduced to writing
and shall be executed by both parties. Such agreement shall be valid
and enforced subject to the provisions of this article and the County
Charter.
E.
A budgetary request for funds necessary to implement such written agreement and a legislative request for approval of any provision of the agreement which is in conflict with any county law, ordinance, rule or regulation, including those adopted by its agents, such as the Personnel Board, or other action adopted by the county with the force of law, shall be submitted to the County Council by the County Executive within the time specified in § 59-11I. The County Council may approve or reject such request as a whole or in part. If any part of the submission is rejected, the County Council shall proceed in accordance with § 59-11J.
[Amended 3-5-2014 by Bill
No. 2014-03]
F.
If upon approval of the County Council there is a conflict between
the collective bargaining agreement and any rule or regulation adopted
by the county, including merit system or other personnel regulations,
the terms of such agreement shall prevail, except where specifically
precluded by the Charter or state law.
G.
If the provisions of the constitution or bylaws of the exclusive
representative require ratification of a collective bargaining agreement
by its membership, only those members who belong to the bargaining
unit involved shall be entitled to vote on such ratification notwithstanding
such provisions.
H.
Notwithstanding any other provision of this article, pension and
retirement benefits will not be subject to binding arbitration for
Fiscal Year 2011.
A.
If the County Executive and the exclusive representative are unable
to reach an agreement on wages, hours, or terms and conditions of
employment by February 1, an impasse may be declared in the negotiations
by either party by sending written notice to the other party.
B.
Arbitrator selection process.
(1)
Within five days of the request for arbitration, the county and certified
employee organization shall agree on an arbitrator.
(2)
If both parties are unable to agree on an arbitrator, then:
(a)
A list of five neutral arbitrators shall be submitted by the
American Arbitration Association.
(b)
After three working days following receipt of a list, if an
arbitrator has not been agreed on, then the parties shall strike one
name from the list alternately until one remains. The party striking
first shall be determined by a coin toss.
(c)
The remaining person shall be the duly selected arbitrator.
(d)
If the arbitrator is unwilling or unable to serve as the arbitrator,
the last previous strike from the arbitration panel shall be selected
as the arbitrator.
(e)
Until an arbitrator has been selected and the arbitrator is
willing and able to serve, the procedure set forth in this subsection
shall be followed.
C.
Except as provided in § 59-11F(3) of this article, the parties involved in the dispute shall share equally the costs of arbitration.
D.
Submission of list of subject area of bargaining.
(1)
Within six calendar days after the selection of the arbitrator, each
party shall submit to the arbitrator and the other party:
(a)
A list of subject areas of bargaining or a portion of a subject
area of bargaining where the parties have reached an agreement, including
the cost of what has been agreed to; and
(b)
A list of subject areas of bargaining or a portion of a subject
area of bargaining where the parties have not reached an agreement
and the party's position in regard to the subject area of bargaining
or a portion of a subject area of bargaining.
E.
Submission of final position.
(1)
Within seven calendar days after receipt of the submissions provided for in Subsection D of this section, the County Executive and the exclusive representative shall submit in writing to the arbitrator and the other party their position in regard to any portion of each subject area of bargaining as to which the parties have not reached agreement.
F.
Arbitration hearing.
(1)
The arbitrator shall schedule a hearing in Wicomico County to begin as soon as possible, but in no event more than 14 calendar days after the date of the submission of the parties' final position as provided for in Subsection E of this section.
(2)
The arbitration hearing shall not be open to the public and shall
be conducted consistent with the rules and regulations of the American
Arbitration Association.
(3)
Each party shall be responsible for the costs of their own attorney
and expert witnesses.
G.
Role of the arbitrator.
(1)
The arbitrator shall:
(a)
Be responsible for conducting the proceedings provided for under
this section;
(b)
Review the final positions of the parties;
(c)
No later than the last business day of March, issue a written
decision that:
[1]
Includes the arbitrator's decision as to any subject area of
bargaining or any portion of a subject area that is in dispute; and
[2]
Adopts in their entirety all of the final positions of either
the County Executive or the exclusive representative; and
[3]
Shall direct the County Executive and the exclusive representative
or their designees to prepare a proposed memorandum of understanding
which incorporates the written decision under this subsection.
(2)
If necessary, the arbitrator shall, in the written decision, decide
any dispute concerning the negotiability of any subject area of bargaining
or any portion of a subject area of bargaining.
(3)
Within 30 calendar days after receipt of the arbitrator's report pursuant to Subsection G(1)(c), above, the county or the exclusive representative may file a complaint in the Circuit Court for Wicomico County challenging said decision, or any part thereof. The filing of such complaint shall not stay the implementation of the decision, or any part thereof. The Court shall affirm the decision unless the challenging party makes a clear and convincing showing that its rights or interests have been prejudiced because the decision, or any part thereof, is:
(4)
The Court, upon notice and hearing, may vacate the arbitrator's decision,
or any part thereof, for one or more of the above reasons and remand
the matter to the AAA for further proceedings, provided that if the
AAA returns the matter to arbitration, the person designated as the
arbitrator shall not, without the consent of the county and the exclusive
representative, be the same person who served as arbitrator previously.
If any provision of the arbitrator's decision shall be vacated by
the Court, such action shall not affect the validity or enforceability
of any other provisions of the arbitrator's decision. The Court shall
have no power to enjoin the implementation of any part of the decision
that has not been vacated, or to itself modify the decision, or any
part thereof.
H.
Factors to consider.
(1)
In making the decision under Subsection G of this section, the arbitrator shall take into consideration:
(a)
The existing terms and conditions of employment of the employees
of the representation unit, including the precollective bargaining
history of the employees' wages, hours, working conditions, and benefits;
(b)
The wages, hours, or terms and conditions of employment of other
employees of Wicomico County;
(c)
The wages, hours, or terms and conditions of employment of other
employees performing similar services in comparable departments in
other Maryland Eastern Shore counties, whether or not established
by a collective bargaining agreement, taking into consideration the
cost of living index for the area in which any such comparable department
is located;
(d)
Increases or decreases in the cost of living for Wicomico County
and surrounding counties, and the State of Maryland as reported by
the U.S. Department of Labor, using for reference the same Consumer
Price Index used by Wicomico County for cost of living comparisons
for its other employees;
(e)
The cost associated with any subject areas of bargaining or
portions of a subject area of bargaining for which the parties reached
an agreement;
(f)
The special nature of the work performed by the employees of
the representation unit including:
(g)
State- and county-mandated expenditures;
(h)
The availability of funds, including financial resources;
(i)
The value of other benefits available to or received by employees
of the representation unit; and
(j)
The interest and welfare of the public.
(2)
In considering the availability of funds, the arbitrator:
(a)
Shall only consider the general fund revenues for the upcoming
fiscal year;
(b)
Shall not consider reserve funds or funds for capital improvements
or surplus contingency or reserve funds; and
(c)
Shall not provide for salaries and other benefits, which exceed
the county's ability to pay or fund.
I.
Executive action.
(1)
The decision of the arbitrator shall be binding on the County Executive,
the exclusive representative, and individual employees in the representation
unit.
(2)
In each proposed annual operating budget, the County Executive shall
describe any collective bargaining agreement or amendment to an agreement
that is scheduled to take effect in the next fiscal year and estimate
the cost of implementing that agreement. Any term or condition of
a collective bargaining agreement which requires an appropriation
of funds or enactment, repeal or modification of a county law shall
be timely submitted to the County Council by the County Executive
by April 1, unless extenuating circumstances require a later date.
If a later submission is necessary, the County Executive shall specify
the submission date and the reasons for delay to the Council President
by April 1. The County Executive shall make a good-faith effort to
have such term or condition implemented by Council action. Each submission
to the Council shall include:
(a)
All proposed legislation and regulations necessary to implement
the collective bargaining agreement;
(b)
All changes from the previous collective bargaining agreement,
indicated by brackets and underlines or a similar notation system;
and
(c)
All side letters or other extraneous documents that are binding
on the parties.
J.
Council action.
[Amended 3-5-2014 by Bill
No. 2014-03]
(1)
On or before May 1, the County Council shall indicate by resolution its intention to appropriate funds for or otherwise implement the agreement or its intention not to do so, and shall state its reasons for any intent to reject any part of the agreement. The Council, by majority vote taken on or before May 1, may defer the May 1 deadline to any date not later than May 15. If the Council intends to reject any part of the agreement, it shall designate a representative to meet with the parties and present the Council's views in their further negotiations. This representative shall also participate fully in stating the Council's position in any ensuing impasse procedure. The parties shall thereafter meet as promptly as possible and attempt to negotiate an agreement acceptable to the Council. Either of the parties may initiate the impasse procedure set forth in § 59-11. The results of the negotiation or impasse procedure shall be submitted to the Council on or before May 10. If the Council has deferred the May 1 deadline, that action automatically postpones the May 10 deadline by the same number of days.
K.
A resolution of a dispute reached in accordance with this section
shall be for one fiscal year.
L.
Nothing in this section shall be construed to prevent the arbitrator
from acting as a mediator and attempting to mediate a dispute at any
time before the final resolution of the arbitration as provided for
in this section.
N.
This section shall be the exclusive procedure for resolving disputes
between the parties unless the parties, by mutual agreement, determine
to use another or additional dispute resolution procedure during any
period of negotiations.
O.
If a memorandum of understanding covering the Sheriff's Deputies
expires after the exclusive representative has given notice of its
desire to enter into collective bargaining for a successor memorandum
of understanding but before the successor memorandum of understanding
becomes effective, the county may not, without the written approval
of the exclusive representative, make any changes in the wages, hours,
or terms and conditions of employment of the employees in the bargaining
unit between the expiration of the current memorandum of understanding
and the effective date of the successor memorandum of understanding.
A.
Employer unfair labor practices. It shall be an unfair labor practice
for an employer by and through its officers, agents and representatives
to engage in the following conduct:
(1)
Interfere with, restrain or coerce employees in the exercise of their
rights guaranteed under this labor code.
(2)
Discriminate in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any employee organization, provided that nothing in this article shall preclude the employer from including in a memorandum of understanding with an employee organization certified as the exclusive representative of employees, a service fee provision pursuant to § 59-9 herein.
(3)
Directly or indirectly, cause, instigate, encourage, condone, initiate,
sponsor, support, direct or engage in any lockout.
(4)
Failure or refusal to negotiate in good faith with a certified employee organization, including but not limited to the insistence that the certified employee organization negotiate and agree upon a subject of bargaining not enumerated in § 59-3 of this labor code.
(5)
Retaliate against an employee because of that employee's exercise
of rights guaranteed under this labor code.
(6)
Controlling or dominating an employee organization or contributing
financial or other support to it.
B.
Employee organizations unfair labor practices. It shall be an unfair
labor practice for an employee organization by and through its officers,
agents and representatives to engage in the following conduct:
(1)
Interfere with, restrain or coerce employees in the exercise of their
rights guaranteed under this labor code;
(2)
Induce an employer or its representatives to commit any unfair labor
practice;
(3)
Directly or indirectly, cause, instigate, encourage, condone, initiate,
sponsor, support, direct or engage in any strike;
(4)
Failure or refusal to negotiate in good faith with the employer, including but not limited to the insistence that the employer negotiate and agree upon a subject of bargaining not enumerated in § 59-3 of this labor code.
(5)
Retaliate against an employee because of that employee's exercise
of rights guaranteed under this labor code.
C.
Procedures.
(1)
Charge and evidentiary hearing.
(a)
In the event that a claim is made that an unfair labor practice
has been committed by either the employer or the employee organization,
the complaining party shall file with the Director of Human Resources
a verified complaint setting forth a detailed statement of the alleged
unfair labor practice. The party complained of shall have the right
to file an answer to the complaint within five days after service
thereof. After investigation, the Director may issue an order dismissing
the complaint, or may order a further investigation or a hearing thereon
before the County Personnel Board at a designated time and place.
Any such hearing shall be conducted without regard for the strict
rules of evidence, and a transcript of testimony shall be taken.
(b)
If, upon all testimony, the Board determines that an unfair
labor practice has been committed, it shall state its findings of
fact and shall issue and cause to be served upon the party committing
the unfair labor practice an order requiring it or him/her to cease
and desist from such practice within a specified period, and shall
take such further affirmative action as will comply with provisions
of this labor code. If upon review of the testimony, the agency determines
that a prohibited practice has not been or is not being committed,
it shall state its finding of fact and shall issue an order dismissing
the complaint.
(2)
Procedure in the event of a strike or lockout. Nothing in this labor
code shall prohibit or impede Wicomico County or a certified employee
organization from using all available lawful means to end a strike
or lockout, including the initiation of legal proceedings to enjoin
the strike or lockout.
D.
Mediation. Nothing in this section shall prohibit the Director of
Human Resources from attempting to resolve unfair labor practice issues
through mediation.
A.
It shall be unlawful for an employee or an employee organization
to engage in, initiate, sponsor, support or direct a strike involving
employees of the Wicomico County Sheriff's Department. If an employee
or employee organization shall violate the provisions of this section,
the County Executive may take any or all of the following actions
he deems necessary in the public interest:
(1)
Pursuant to the provisions of this article, imposition of disciplinary
action, including removal from county service, of employees engaged
in such illegal conduct, without recourse to the grievance procedure
contained in this labor code or the applicable collective bargaining
agreement, and consistent with the law enforcement officers bill of
rights.
(2)
Termination of an employee organization's dues deduction privilege,
if any;
(3)
Revocation of exclusive representation certification and disqualification
from participation in representation elections for a period up to
a maximum of five years;
(4)
Pursue legal and equitable remedies in the appropriate courts in
the event of a strike by employees and/or an employee organization.
B.
The county administration shall not, under any circumstance, engage
in, initiate, or direct a lockout of employees of the Wicomico County
Sheriff's Department.
A.
This article shall take precedence over those portions of all conflicting
county laws concerning this subject matter.
B.
If any provision of this article or the application thereof to any
person or circumstance is held invalid, the remainder of this article
or the application thereof to persons or circumstances other than
those as to which it is held invalid shall not be affected thereby;
and to this end, all the provisions of this article are hereby declared
to be severable.
C.
The parties may waive the time limits and dates established in this
article by mutual written agreement.
[Added 4-7-2015 by Bill
No. 2015-01]
A.
Eligibility. The County employees employed by the Wicomico County
Sheriff's Department eligible to receive an accidental disability
benefit are those County Sheriff members, as defined in the retirement
plan for employees of Wicomico County and the Board of Education of
Wicomico County, who have been at work on any date occurring on or
after July 1, 2014, in a designated job classification of:
(1)
A sworn law enforcement officer of the rank of First Sergeant and
below and whose terms and conditions of employment are governed by
an applicable collective bargaining agreement (taking into account
any exclusions from coverage therein); or
(2)
Sheriff, or sworn member of the Sheriff's command staff.
B.
Qualification. A County Sheriff member shall qualify for an accidental
disability benefit in accordance with this section if:
(1)
Such member is certified by the Medical Advisory Board and the Trustee's
subcommittee to be totally and permanently incapacitated, either mentally
or physically, for duty arising out of or in the course of the actual
performance of duty without willful negligence by such member;
(2)
The events, conditions, causation, and all other applicable relevant
factors contributing to, arising out of or related to the disabling
condition occurred solely on or after July 1, 2014; and
C.
Accidental disability payment. Subject to the terms of the applicable collective bargaining agreement, the amount of each monthly accidental disability payment will equal the amount determined in Subsection C(1) reduced by any amount received by the member in Subsection C(2) and (3) below:
(1)
Sixty-six and two-thirds percent of the member's final average earnings,
as defined in the retirement plan for employees of Wicomico County
and the Board of Education of Wicomico County.
(2)
Any related workers' compensation benefits, and any other income
replacement benefits funded in whole or in part by the employer, such
as sickness and accident payment benefits, short-term disability,
long-term disability, sick pay or salary continuation benefits paid
or payable after the effective date of the certified accidental disability
benefit determination by the Medical Advisory Board and the Trustee's
subcommittee, provided that such benefits:
(a)
Are paid or payable while an accidental disability benefit is
paid or payable; and
(b)
Are for personal injury or illness arising out of and in the
course of the member's employment with the employer.
(c)
An amount equivalent to net earnings received from secondary
employment (after taking into account deductions for applicable taxes)
up to a maximum of $15,000 during any calendar year. The member shall
account to the County Department of Human Resources for all sources
of secondary employment income.
