§ 16-318. Unfair labor practices

   (a) Unfair labor practices. -- It is an unfair labor practice for the Montgomery Commission or an employee organization certified as an exclusive representative of a bargaining unit to violate the rights of a Montgomery Commission employee under this subtitle.

(b) Submission of the charge. -- Within 30 business days after an alleged unfair labor practice occurs, the party charging the unfair labor practice shall submit the charge in writing to the labor relations administrator and the party alleged to have committed the unfair labor practice.

(c) Hearing. --

   (1) Within 15 business days after a party submits an unfair labor practice charge, the party shall ask the labor relations administrator to hold a hearing and decide whether an unfair labor practice has occurred.

   (2) The labor relations administrator shall hold a hearing and make findings of fact and conclusions of law.

(d) Relief. --

   (1) If the labor relations administrator finds that a party has committed an unfair labor practice, the labor relations administrator shall:

      (i) order that party to cease and desist from the unfair labor practice; and

      (ii) order all relief necessary to:

         1. remedy the violation of this subtitle; and

         2. make whole any injured employee or party and restore the employee or party to the position or condition in which the employee or party would have been but for the violation.

   (2) Relief may include reinstatement, restitution, back pay, and injunctions.

   (3) Relief may not include attorney fees, punitive damages, consequential damages, or damages for pain, suffering, or emotional distress.

(e) Decision of administrator is final. -- The decision of the labor relations administrator is final unless appealed on the basis of being arbitrary, capricious, or exceeding authority.

(f) Dismissal of charges. -- If the labor relations administrator finds that the party charged with the unfair labor practice has not committed any prohibited practice, the labor relations administrator shall issue an order dismissing the charges.

(g) Sharing of costs. -- The Montgomery Commission and the employee organization shall share the cost of any unfair labor practice proceeding equally.

(h) Action to enforce the order. -- If the party found to have committed the unfair labor practice fails or refuses to comply with the labor relations administrator's decision, the charging party may file an action to enforce the order with the circuit court for a county in which any of the involved employees work.

HISTORY: An. Code 1957, art. 44A, § 2-106(u); 2006, ch. 63, § 2.