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§ 23-812. Strikes, work stoppages, lockouts, and secondary boycotts prohibited

West's Annotated Code of MarylandEducationEffective: July 1, 2021

West's Annotated Code of Maryland
Education (Refs & Annos)
Division IV. Other Education Provisions [Titles 21-End] (Refs & Annos)
Title 23. Libraries (Refs & Annos)
Subtitle 8. Baltimore County Public Library--Collective Bargaining (Refs & Annos)
Effective: July 1, 2021
MD Code, Education, § 23-812
§ 23-812. Strikes, work stoppages, lockouts, and secondary boycotts prohibited
Definitions
(a)(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.
In general
(b) In general, strikes, work stoppages, lockouts, and secondary boycotts are prohibited.
Prohibited actions for employees and employee organizations; picketing prohibited
(c)(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.
Employee organization violation; penalties
(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.
Employee who violates section is subject to disciplinary action
(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.
Lockout against employees prohibited
(f)(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.

Credits

Added by Acts 2021, c. 747, § 1, eff. July 1, 2021; Acts 2021, c. 748, § 1, eff. July 1, 2021.
MD Code, Education, § 23-812, MD EDUC § 23-812
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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