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Code · Maryland · Education

§ 23-812

361 words·~2 min read·/md/education/23-812

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§23–812.
(1)In this section the following words have the meanings indicated.
(2)“Lockout” means the temporary withholding of work, by means of shutting down an operation or function in order to bring pressure on employees or on their representatives to accept a change in compensation or rights, privileges, obligations, or other terms and conditions of employment.
(3)“Secondary boycott” means an activity by an employee organization or its members that is intended to induce, encourage, or coerce persons doing business with the employer to withhold, withdraw, or in any respect curtail their business relations with the county.
(4)“Strike” means the refusal or failure by an employee or group of employees to perform their duties of employment as assigned if a purpose of the refusal or failure is to induce, force, or require the employer to act or refrain from acting with regard to any matter.
(5)“Work stoppage” means:
(i)The willful absence of a group of employees from their positions;
(ii)The engaging in a slowdown by employees; or
(iii)The refusal of employees to perform job duties.
(b)In general, strikes, work stoppages, lockouts, and secondary boycotts are prohibited.
(1)Employees and employee organizations may not engage in, sponsor, initiate, support, direct, or condone a strike, work stoppage, or secondary boycott.
(2)Employee organizations may not engage in, initiate, sponsor, or support, directly or indirectly, picketing of the employer, its property, or field or office facilities in furtherance of a strike, work stoppage, or secondary boycott.
(d)If an employee organization violates this section, the Board, after a majority vote, may:
(1)Revoke the employee organization’s designation as certified exclusive representative;
(2)Disqualify the employee organization from participating in representation elections for a period of up to 2 years; and
(3)Terminate immediately the payroll deductions for the employee organization’s dues.
(e)An employee who violates this section is subject to immediate disciplinary action, which may include permanent dismissal from the employment by the employer for just cause.
(1)The employer may not direct a lockout against employees.
(2)This subsection may not be construed to prohibit the employer from exercising its managerial rights.
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