Md. Code, Education § 23-912

This is the official text of Md. Code, Education § 23-912, part of Maryland’s Code, Education — governs public schools and universities in Maryland.

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§23–912.

Official statutory text

(a) Notwithstanding any other provisions of law, it is the exclusive right of the employer to:

(1) Determine the purposes and objectives of each of its constituent offices and departments;

(2) Set standards of services to be offered to the public;

(3) Exercise control and discretion over its organization and operations; and

(4) Determine the methods, means, personnel, and other resources by which the employer’s operations are to be conducted, including:

(i) The use of volunteers; and

(ii) The contracting out of work if considered necessary.

(b) Subject to applicable provisions of a collective bargaining agreement and in accordance with the respective county charter and other applicable laws, the employer may:

(1) Direct its employees;

(2) Hire, promote, transfer, assign, or retain employees;

(3) Establish reasonable work rules; and

(4) Demote, suspend, discharge, or take any other disciplinary action against its employees for just cause.

(c) The provisions of this section shall be deemed to be part of every agreement executed between the employer and a certified exclusive representative.

(d) This section may not be construed to deny the right of an employee to submit a grievance with regard to the employer’s exercise of its rights under this section.

(e) Except as otherwise provided by law, if employees have entered into a collective bargaining agreement with the employer under this subtitle, the collective bargaining agreement entered into supersedes any conflicting regulation or administrative policy of the employer.

(f) A collective bargaining agreement may include a provision for arbitration of disciplinary actions.

Status: in_force · Read it on the official government site

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