§ 16-218. Unfair labor practices.

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

(b) Written charge. -- Within 30 business days after the alleged violation, the party charging an unfair labor practice shall submit the charge in writing to the party alleged to have committed the unfair labor practice.

(c) Hearing. -- Within 15 days after an unfair labor practice charge is submitted, the Commission and the employee organization shall request the labor relations administrator to hold a hearing and determine whether an unfair labor practice has occurred.

(d) Role of labor relations administrator. -- The labor relations administrator shall:

   (1) issue a finding of facts and conclusion of law;

   (2) order the party found to have committed the unfair labor practice to cease and desist from the prohibited practice; and

   (3) order all relief necessary to remedy the violation of this subtitle and to otherwise make whole any injured employee or employee organization or the Commission, if injured, including reinstatement, restitution, back pay, or other remedy as necessary to restore the employee, the employee organization, or the Commission to the position or condition it would have been in but for the violation.

(e) Prohibited damages. -- The labor relations administrator may not order punitive damages, consequential damages, damages for emotional distress, pain, and suffering, or attorney's fees for purposes of satisfying subsection (d)(3) of this section.

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

(g) Judicial review of administrator's decision. --

   (1) Subject to paragraph (2) of this subsection, the decision of the labor relations administrator is final.

   (2) A party may seek judicial review of the decision on the basis that the decision is arbitrary, capricious, or exceeds the authority of the labor relations administrator.

(h) Costs. -- The Commission and the employee organization shall share equally the costs of any unfair labor practice proceeding.

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

HISTORY: An. Code 1957, art. 28, § 2-112.1(u); 2012, ch. 426, § 2.