The following are prohibited unfair labor practices:
(1) The employer is prohibited from:
a. Interfering with, restraining or coercing employees in the exercise of their rights of self-organization or nonorganization;
b. Encouraging or discouraging membership in an employee organization by discrimination in regard to hire, tenure promotion or other conditions of employment;
c. Controlling or dominating an employee organization or contributing financial or other support to it;
d. Refusing to negotiate in good faith with a recognized employee organization;
e. Refusing to process or arbitrate a grievance if required under a grievance procedure contained in a collective bargaining agreement.
(2) Employee organizations are prohibited from:
a. Interfering with, restraining or coercing employees in the exercise of their rights of self-organization or nonorganization;
b. Inducing the employer or its representatives to commit any unfair labor practice;
c. Refusing to negotiate in good faith with the employer;
d. Hindering or preventing, by threats of violence, intimidation, force or coercion of any kind, the lawful work or employment by any person or obstructing or otherwise unlawfully interfering with the entrance to or egress from any place of employment, or obstructing or unlawfully interfering with the free and uninterrupted use of public roads, streets, highways, railways, airports or other travel or conveyance by any person.
(3) Claims:
a. If a claim is made that prohibited practice has been committed by either the employer or employee organization, the complaining party shall file with the labor relations panel a verified complaint, setting forth a detailed statement of the alleged prohibited practice. The party complained of shall have the right to file an answer to the complaint within five (5) days after service. The labor relations panel may, after investigation, issue an order dismissing the complaint or may order a hearing thereon. A transcript of testimony shall be taken at any hearing conducted.
b. If the labor relations panel determines that a prohibited practice has been committed, it shall issue written findings of fact and an order requiring the party to cease and desist from the practice within a specified period. If the labor relations panel determines that a prohibited practice has not been committed, it shall issue a written findings of fact and an order dismissing the complaint.
c. The labor relations panel shall consist of five (5) members, two (2) of whom shall be selected by the employer, two (2) of whom shall be selected by the employee organization, and one of whom shall be mutually agreed upon by the employer and the employee organization. The members of the labor relations panel shall each be appointed to serve a two (2) year term. Each member of the labor relations panel shall be a registered voter and a resident of Frederick City, own property in the city, or operate a business or have his or her primary employment with a business located in the city.
d. Decisions of the labor relations panel shall be the final decision binding on the employer and employee organization, but may be appealed to the Circuit Court for Frederick County, pursuant to the Maryland B Rules. (Ord. No. G-92-3, § 1(17-10.07), 1-23-92; Ord. No. G-95-5, § 1, 4-20-95; Ord. No. G-95-35, § 1, 8-17-95)