§ 16-311. Impairment of rights and responsibilities of Commission.

MD Land Use Code § 16-311 (2019) (N/A)
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(a)    This subtitle and any collective bargaining agreement made under it may not impair the rights and responsibilities of the Commission to:

(1)    determine the overall budget and mission of the Commission;

(2)    maintain and improve the efficiency and effectiveness of operations;

(3)    determine the services to be rendered and the operations to be performed;

(4)    determine the location of facilities and the overall organizational structure, methods, processes, means, job classifications, and personnel by which operations are to be performed;

(5)    direct and supervise employees;

(6)    hire, select, and establish the standards governing promotion of employees and classify positions;

(7)    relieve employees from duties because of lack of work or funds or when the Commission determines continued work would be inefficient or nonproductive;

(8)    transfer and schedule employees;

(9)    determine the size, grades, and composition of the workforce;

(10)    set the standards of productivity and technology;

(11)    establish employee performance standards and evaluate and assign employees, except that evaluation and assignment procedures shall be a subject for collective bargaining;

(12)    establish and implement systems for awarding outstanding service increments, extraordinary performance awards, and other merit awards;

(13)    introduce new or improved technology, research development, and services;

(14)    control and regulate the use of machinery, equipment, and other property and facilities of the Commission, subject to negotiation related to matters affecting the health and safety of employees;

(15)    maintain internal security standards;

(16)    create, alter, combine, contract out, or abolish any job classification, operation, department, unit, or other division or service, subject to subsection (b) of this section;

(17)    suspend, discharge, or otherwise discipline employees for cause, subject to the grievance procedure set forth in a collective bargaining agreement; and

(18)    adopt and enforce regulations and policies necessary to carry out this section and all other managerial functions that are not inconsistent with federal or State law or the terms of a collective bargaining agreement.

(b)    The Commission may not sign a contract that will displace employees in the bargaining unit unless the Commission gives written notice to the exclusive representative of the bargaining unit at least 90 days before signing the contract or within a different period of time agreed to by the parties.

(c)    This section may not preclude or impair collective bargaining as to any subject matter included in any written collective bargaining agreement made between the Commission and the exclusive representative of the bargaining unit on or before December 31, 2001.