§ 16-317
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§16–317.
(a)Any charge that the Commission, an employee, or an employee organization has engaged in an unfair labor practice shall:
(1)be in writing;
(2)state concisely and simply the facts that are asserted or, if the facts cannot be stated in detail, the issues that are involved; and
(3)be served personally on the party alleged to have engaged in the unfair labor practice within 180 days after the alleged unfair labor practice occurred.
(b)If the party charging an unfair labor practice and the party charged are unable to resolve the matter, the charge shall be submitted to an umpire.
(1)The Commission shall appoint the umpire from a list of five nominees agreed on by the exclusive representative and the Executive Director of the Commission.
(2)The umpire shall serve for a 2–year term and is eligible for reappointment.
(d)The umpire may not be otherwise employed by the Commission or the exclusive representative.
(e)The power of the umpire is exclusive.
(f)The technical rules of evidence do not apply.
(g)The umpire:
(1)shall investigate and attempt to resolve, as provided in this subtitle, a charge of engaging in an unfair labor practice;
(2)shall defer to any valid grievance procedure adopted by the Commission and the exclusive representative for the resolution of disputes subject to the grievance procedure, unless the deferral would result in a violation of the purposes of this subtitle;
(3)shall defer to the Law Enforcement Officers’ Bill of Rights for the resolution of disputes subject to that law;
(4)shall recognize fundamental distinctions between private and public employment; and
(5)may not regard State or federal law that is applicable to private employment as controlling precedent.
(1)Based on the preponderance of the evidence, the umpire shall submit written findings of fact and conclusions of law to the parties within 40 days after the day on which the umpire is appointed.
(2)If the umpire determines that a party named in the charges has engaged or is engaging in an unfair labor practice, the umpire shall issue an order requiring the party to cease the practice.
(3)An order may:
(i)include any remedy, including reinstatement of an employee with or without back pay;
(ii)require periodic reports on the extent to which the party found to have engaged in an unfair labor practice has complied with the order; and
(iii)be designed to prevent future unfair labor practices.
(1)Within 30 days after the issuance of a final order, a party who is aggrieved by a final decision of an umpire may file a petition for judicial review of the decision with the Circuit Court for Montgomery County or the Circuit Court for Prince George’s County.
(2)The circuit court may not consider evidence that was not offered in the proceeding before the umpire unless the court determines that the failure to offer the evidence should be excused because of extraordinary circumstances.
(3)The circuit court may not overturn the umpire’s decision unless the court finds that the umpire’s decision is not supported by substantial evidence.
(j)Unless otherwise provided by written agreement, the parties shall share equally the costs of the umpire’s services.
(1)A party charging an unfair labor practice may petition the Circuit Court for Montgomery County or the Circuit Court for Prince George’s County for enforcement of an order of an umpire.
(2)Unless a petition for judicial review has been filed in accordance with subsection
(i)of this section, a petition for enforcement of an order of an umpire may not be used to obtain judicial review of the final decision of the umpire.