This article applies to all full-time merit system employees in the
Emergency Medical Services Division of the Charles County Department
of Emergency Services who hold the following ranks: Lieutenant, paramedic,
emergency medical technician, hazmat technician, and mobile integrated
healthcare nurse (hereinafter "covered employees").
Covered employees subject to this article may seek recognition in
order to organize and bargain collectively in good faith with the
County Commissioners of Charles County or their designee(s) concerning
the following matters:
Compensation, excluding those nonretirement benefits determined,
offered, administered, controlled, or managed by the County Commissioners
of Charles County;
Nothing in this section shall be deemed to require Charles County
to bargain collectively with covered employees concerning changes
to health, dental, vision, life, disability, workers' compensation,
or any other nonretirement benefit.
A covered employee who is a member of a bargaining unit with an exclusive
representative may discuss any matter with Charles County management
officials without the intervention of the exclusive representative.
The exclusive representative shall be given notice of any such discussion.
If a discussion under Subsection D of this section leads to a resolution or adjustment of a dispute, the resolution or adjustment may not be inconsistent with the terms of a collective bargaining agreement then in effect.
A covered employee who is not a member of the exclusive representative may be required to pay a proportional service fee for costs associated with the administration and enforcement of any agreement that benefits the affected employees. An exclusive representative shall be selected in accordance with the procedures set forth in § 197-29 of this article.
Establish, implement, modify, and eliminate work schedules, including
the right to hold employees past the end of a scheduled shift and
the right to require employees to work mandatory emergency hours;
Terminate employment because of lack of funds, lack of work, a determination
by the County Commissioners of Charles County and/or the Charles County
Department of Emergency Services that continued work would be inefficient
or nonproductive, or for other legitimate reasons;
Establish, maintain, modify and eliminate the qualifications of employees
for hiring, appointment and promotions, including the right to require
physical agility tests;
Except as otherwise provided in this section, an exclusive representative
may not be recognized by the County Commissioners of Charles County
unless that representative is selected and certified by a mutually
agreed upon third party, such as a Commissioner of the Federal Mediation
and Conciliation Service.
Any petition to be recognized that is submitted on behalf of covered
employees shall be accompanied by a showing of interest supported
by at least 51% of the covered employees indicating their desire to
be exclusively represented by the petitioner for the purpose of collective
bargaining.
If the County Commissioners of Charles County wish to challenge the validity of a petition submitted under Subsection B of this section, within 20 days after submission of the petition, the County Commissioners of Charles County may request a secret ballot election.
The secret ballot election shall be conducted by an impartial umpire
selected jointly by the participating parties from a list of umpires
provided by the Federal Mediation and Conciliation Service.
The costs associated with the appointment of the impartial umpire
shall be shared equally by the exclusive representative and the County
Commissioners of Charles County.
If at least 51% of the employees in the bargaining unit vote in favor
of representation by the exclusive representative during the secret
ballot election, the exclusive representative shall be certified.
Except as provided in Subsection B of this section, an exclusive representative shall be deemed decertified if a petition is submitted to the County Commissioners of Charles County and the exclusive representative that is signed by 51% of the covered employees indicating their desire to decertify the exclusive representative.
If the exclusive representative wishes to challenge the validity of a petition submitted under Subsection A of this section, within 20 days after submission of the petition, the exclusive representative may request a secret ballot election.
The secret ballot election shall be conducted by an impartial umpire
selected jointly by the participating parties from a list of umpires
provided by the Federal Mediation and Conciliation Service.
If at least 51% of the employees in the bargaining unit vote in favor
of decertification during the secret ballot election, the exclusive
representative shall be decertified.
The County Commissioners of Charles County shall designate at least
one, but not more than five, individuals to represent the County in
collective bargaining.
The exclusive representative shall designate at least one, but not
more than five, individuals to represent the exclusive representative
in collective bargaining.
Negotiations or matters relating to negotiations shall be considered
closed sessions under Maryland Annotated Code, General Provisions,
§ 3-305, as may be amended from time to time.
A collective bargaining agreement is not valid if it extends for
less than one year or for more than four years, but agreement extensions
may be shorter while the parties continue to negotiate.
After an agreement or modification to an existing agreement has been ratified in accordance with Subsection E or F above, it shall be signed by the President of the County Commissioners and a representative or representatives of the exclusive representative.
During the term of a collective bargaining agreement, the parties may enter into side letter agreements without the full ratification process set forth in Subsection E or F above.
If there is a conflict between an existing collective bargaining
agreement and a rule or regulation adopted by Charles County, including
merit system or other personnel regulations, the terms of the agreement
shall prevail unless otherwise prohibited by law.
If the exclusive representative and the County Commissioners are
unable to reach an agreement on or before March 1, any party may seek
mediation through the Federal Mediation and Conciliation Service.
A party seeking mediation under Subsection A of this section shall provide written notice to the other parties and the Federal Mediation and Conciliation Service at least 15 days before the anticipated first mediation meeting.
Costs incurred by a party to prepare, appear, or secure representation,
expert witnesses, or evidence of any kind shall be borne exclusively
by that party.
The parties shall engage in mediation for at least 15 days unless
the parties mutually agree in writing to the termination or extension
of the mediation or reach an agreement.
If the exclusive representative and the County Commissioners of Charles
County have not reached an agreement on or before April 1, or any
later date determined by mutual agreement of the parties, any party
may declare a bargaining impasse.
The party declaring a bargaining impasse pursuant to Subsection A of this section shall request a list of arbitrators to be provided to the parties by the Federal Mediation and Conciliation Service; and
Within three days after the parties' receipt of the list provided under Subsection A(1) of this section, the parties shall select an arbitrator by alternative striking of names from the list.
On or before April 30, or any later date determined by mutual agreement
of the parties, the arbitrator shall hold a closed hearing on the
parties' proposals at a time, date, and place within Charles County
selected by the arbitrator.
Once the parties have submitted their positions into the record,
each party shall have an opportunity to revise its final position
before the record is closed and the matter is submitted to the arbitrator
for a determination.
Past collective bargaining agreements between the parties including
the bargaining history that led to the collective bargaining agreement
and the pre-collective-bargaining history of employee wages, hours,
benefits, and other working conditions;
A comparison of wages, hours, benefits, and other conditions of employment
of covered employees in other jurisdictions in the state and in the
Baltimore/Washington region, including Virginia counties and municipalities;
The condition of the general operating fund of Charles County, the
ability of Charles County to finance any economic adjustments required
under the proposed collective bargaining agreement, and the potential
impact of the parties' final offers on the bond rating of Charles
County;
The annual increase or decrease in consumer prices for goods and
services as reflected in the most recent Consumer Price Index for
the Washington-Arlington-Alexandria, DC-VA-MD-WV metropolitan statistical
area published by the Federal Bureau of Labor Statistics;
The special nature of the work performed by the employees in the
bargaining unit, including hazards of employment, physical requirements,
educational qualifications, job training and skills, shift assignments,
and the demands placed on those employees as compared to other Charles
County Department of Emergency Services employees;
Receive or consider the history of collective bargaining related
to the immediate dispute, including any offers of settlement not contained
in the final offer submitted to the arbitrator, unless the parties
mutually agree otherwise;
Costs incurred by a party to prepare, appear, or secure representation,
expert witnesses, or evidence of any kind shall be borne exclusively
by that party.
Nothing in this section shall be construed to prohibit the parties
from reaching a voluntary settlement on any unresolved issues at any
time before or after the issuance of the recommendations by the arbitrator.
If a collective bargaining agreement expires after the exclusive
representative has given notice of its desire to enter into collective
bargaining for a successor collective bargaining agreement, the terms
and conditions of the prior collective bargaining agreement shall
remain in effect until the earlier of:
If the parties fail to reach a new agreement within the one-hundred-eighty-day time period under Subsection P(2) of this section, the terms and conditions of the prior collective bargaining agreement shall cease to be effective.
Any provision in a collective bargaining agreement providing for
a cost-of-living adjustment or a merit or step increase during the
term of the agreement shall not remain in effect after the expiration
of the collective bargaining agreement.
Nothing in this article shall be construed as subjecting disciplinary
matters or the disciplinary process to negotiation as part of the
collective bargaining process.