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Statutes Text

Article - State Government




§22–306.

    (a)    The Board is responsible for administering and enforcing provisions of:

        (1)    this title;

        (2)    Title 6, Subtitles 4 and 5 of the Education Article;

        (3)    Title 16, Subtitle 7 of the Education Article; and

        (4)    Title 3 of the State Personnel and Pensions Article.

    (b)    In addition to any other powers or duties provided for elsewhere in this title, Title 6, Subtitle 4 or 5 of the Education Article, Title 16, Subtitle 7 of the Education Article, and Title 3 of the State Personnel and Pensions Article, the Board may:

        (1)    establish procedures for, supervise the conduct of, and resolve disputes about elections for exclusive representatives;

        (2)    establish procedures for and resolve disputes about petitions for bargaining unit clarification;

        (3)    establish procedures for and resolve disputes about petitions and elections for decertification of an exclusive representative;

        (4)    investigate and take appropriate action in response to complaints of unfair labor practices, including strikes and lockouts;

        (5)    establish procedures for and resolve disputes about the negotiability of bargaining subjects;

        (6)    on application by an employee organization or public employer, determine that the applicant shall be designated as a joint public employer of public employees in an employer–employee bargaining unit determined in accordance with Subtitle 4 of this title when such determination would best effectuate the purposes of this subtitle; and

        (7)    resolve matters as provided in §§ 6–406, 6–507, and 16–707 of the Education Article.

    (c)    The Board shall have broad discretion to take and order remedial actions when it finds that a party has committed an unfair labor practice, including the restoration of any right, pay, status, or benefit lost by a public employee or group of public employees, due to violations of this title.

    (d)    To enforce the provisions of this subtitle, the Board may:

        (1)    issue subpoenas; and

        (2)    administer oaths and affirmations, examine witnesses, and receive evidence.

    (e)    (1)    Except as provided in paragraph (2) of this subsection, the Board shall adopt and enforce regulations, guidelines, and policies to carry out this title.

        (2)    The Board may not adopt any regulation, guideline, or policy that:

            (i)    unnecessarily delays the resolution of disputes over elections, unfair labor practices, or any other matter under this title; or

            (ii)    restricts or weakens the protections provided to public employees and employee organizations under this title or under regulations.



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