Section 16-317 - Strikes. - Maryland Statutes

§ 16-317. Strikes.
 

(a)  "Strike" defined.- 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 when the object is to induce, influence, or coerce a change in the terms, conditions, rights, or privileges of employment. 

(b)  Strikes by Montgomery Commission employees prohibited.- A Montgomery Commission employee, a group of Montgomery Commission employees, or an employee organization may not engage in, induce, initiate, or ratify a strike by Montgomery Commission employees. 

(c)  Injunctions.- If a strike occurs, on request of the Montgomery Commission, a court of competent jurisdiction may enjoin the strike. 

(d)  Striking employees prohibited from receiving compensation from Montgomery Commission.- An employee may not receive compensation from the Montgomery Commission while the employee is engaged in a strike. 

(e)  Disciplinary action against striking employees.-  

(1) If an employee engages in, induces, initiates, or ratifies a strike, the Montgomery Commission may take appropriate disciplinary action against the employee, including suspension or discharge. 

(2) The labor relations administrator shall hold a hearing on the disciplinary action at which the Montgomery Commission, the employee, and any interested employee organization may present evidence and argument. 

(f)  Revocation of certification of employee organization.-  

(1) If the labor relations administrator finds after a hearing that an employee organization certified as an exclusive representative assisted, authorized, or initiated a strike involving the refusal of Montgomery 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 paragraph may not be recertified for 2 years after the end of the strike. 

(3) If the labor relations administrator finds after a hearing that an employee organization certified as an exclusive representative assisted, authorized, or initiated any other kind of strike, the labor relations administrator may revoke the certification of the employee organization for up to 1 year from the end of the strike. 
 

[An. Code 1957, art. 44A, § 2-106(t); 2006, ch. 63, § 2.]