§ 16-233. General.

(a)

As stipulated in Section 16-103(a)(3), the provisions of this Subtitle shall apply to any employee who is governed by a collective bargaining agreement negotiated and approved pursuant to the provisions of Subtitle 13A of the Prince George's County Code of Ordinances and Resolutions, titled "Labor Code," except as specifically provided otherwise in such collective bargaining agreements.

(b)

As stipulated in Section 16-101(b)(2)(F), the provisions of this Subtitle shall be presumed to be Countywide in nature and, as such, shall not be subject to collective bargaining, except under the conditions stipulated in Section 13A-109(b) of the County's Labor Code with respect to negotiations on Countywide matters, and except for those provisions of this Subtitle authorized to be established under the County's Salary Plan.

(c)

(1)

Whenever any collective bargaining unit and the employer are unable to agree to negotiate any provision or provisions of this Subtitle during the course of collective bargaining, the provisions of Subsection (b), above, shall not be construed to prevent any collective bargaining unit from initiating a dispute with the employer pursuant to the applicable provisions of the County's Labor Code, based on an allegation that a particular provision or provisions of this Subtitle should not be applied on a Countywide basis, or based on an allegation that a particular provision or provisions of this Subtitle should be varied based on considerations which are special and unique to the collective bargaining unit initiating the dispute. In the event that any collective bargaining unit initiates any such dispute, any final decision and order of the appropriate panel of the Public Employees Relations Board declaring that the provision or provisions of this Subtitle are negotiable, shall be subject to the approval or disapproval of the County Council by resolution.

(2)

Whenever said Panel issues a final decision and order of the nature described in paragraph (c)(1), above, said Panel shall immediately forward a copy thereof to the County Council for action thereon. In the event that the Council fails to take final action on any such order within forty-five (45) calendar days after the date of receipt thereof from the Panel, any such order shall stand rejected and disapproved as submitted. Where any such order is approved by a majority of the full Council declaring that the subject provision or provisions were not to be applied on a Countywide basis, the employer shall be obligated to negotiate within the scope of the order as to any collective bargaining unit desiring to negotiate on the subject provision or provisions within the scope of the order. Where any such order is approved by a majority of the full Council authorizing a variance to the subject provision or provisions based upon consideration which were special and unique to the collective bargaining unit initiating the dispute, the employer shall be obligated to negotiate with said collective bargaining unit on the subject provision or provisions within the scope of the order. Where any such order is not approved by the Council, the employer shall not negotiate on the provision or provisions which were the subject of the order, except in the case of subsequent negotiations on the subject provision or provisions as may be authorized pursuant to Section 13A-109 of the County's Labor Code based upon the "fifty percent (50%) rule" or based upon the "special and unique rule" with respect to any collective bargaining unit other than the unit which initiated the dispute.

(3)

The Director of Human Resources Management shall maintain a current compilation of all orders of the Panel approved and disapproved by the Council under paragraph (c)(2), above, and shall make said compilation readily available to any person for inspection.

(d)

Where the County Council approves any final decision and order of the Panel under Subsection (c), above, such approval shall not be construed to deny the Council the right to subsequently reject any collective bargaining agreements pursuant to Section 13A-109 of the County's Labor Code based upon the merits of the provisions therein negotiated as a result of such approved order. Furthermore, any negotiated collective bargaining agreement submitted to the County Council for approval containing provisions which are inconsistent with any provision of this Subtitle may be rejected by the Council pursuant to Section 13A-109(f) of the County's Labor Code where said inconsistent provisions were negotiated without a prior resolution of the Council having been adopted pursuant to Subsection (c), above. In submitting any such agreement to the Council for approval, the County Executive shall append to the agreement a written statement identifying each of the particular provisions of the agreement which are inconsistent with the provisions of this Subtitle along with a detailed statement of justification for each inconsistency.

(e)

All collective bargaining agreements shall be adopted and approved by legislative acts of the County Council referencing the collective bargaining agreement and date of execution by the County Executive. Upon adoption of the legislative act by the County Council, any provision in the applicable agreement contrary to the provisions of this Subtitle shall have the effect of amending any such provision and enacting the provision into law applicable to that collective bargaining unit.

(f)

The following collective bargaining agreements are hereby adopted and approved:

(1)

Declaration of Approval - Local 1619, International Association of Fire Fighters, AFL-CIO (Fire Fighters, Paramedics, and Emergency Response Technicians).

The County Council of Prince George's County, Maryland, having fully considered the labor agreement concluded between Prince George's County, Maryland and Local 1619, International Association of Fire Fighters, AFL-CIO on July 27, 2018, hereby approves said agreement in accordance with the provisions of Section 13A-109 of the Prince George's County Code.

(CB-85-1984; CB-60-1985; CB-74-1988; CB-43-1990; CB-73-1991; CB-50-1992; CB-104-1994; CB-41-1995; CB-29-1998; CB-77-1999; CB-18-2002; CB-17-2004; CB-45-2006; CB-22-2008; CB-18-2012; CB-49-2013; CB-35-2016, CB-45-2017, CB-66-2018)

(2)

Declaration of Approval - Fraternal Order of Police Prince George's County Lodge 89, Inc.

The County Council of Prince George's County, Maryland, having fully considered the labor agreement concluded between Prince George's County, Maryland and the Fraternal Order of Police, Prince George's County Lodge 89, Inc. on August 13, 2018, hereby approves said Agreement in accordance with the provisions of Section 13A-109 of the Prince George's County Code.

(CB-91-1984; CB-121-1986; CB-106-1987; CB-19-1990; CB-17-1991; CB-74-1991; CB-49-1992; CB-26-1994; CB-96-1995; CB-95-1998; CB-40-1999; CB-71-2005; CB-16-2008; CB-95-2013; CB-19-2017; CB-71-2018)

Editor's note— The collective bargaining agreement for FOP, Lodge 89, Inc., effective for the period July 1, 1997, through June 30, 1999, was finalized pursuant to a binding arbitration award issued on June 16, 1997. Salary Schedule L, implementing the arbitration award, was submitted to the Council by letter dated September 25, 1997. The Council took no formal action on the proposed Salary Schedule.

The collective bargaining agreement for FOP, Lodge 89, Inc., effective for the period July 1, 2011 through June 30, 2013 was finalized pursuant to a binding arbitration award issued on September 5, 2012. Salary Schedule L, implementing the arbitration award was submitted to the Council by letter dated November 6, 2012. The Council took no formal action on the proposed Salary Schedule.

The collective bargaining agreement for FOP, Lodge 89, Inc., effective for the period July 1, 2015 through June 30, 2016 was finalized pursuant to a binding arbitration award issued on November 18, 2015. Salary Schedule L, implementing the arbitration award was submitted to the Council by letter dated January 13, 2016. The Council took no formal action on the proposed Salary Schedule.

(3)

Declaration of Approval - Local 2462, American Federation of State, County and Municipal Employees, AFL-CIO (Department of Public Works & Transportation, Department of the Environment, and the Department of Permitting, Inspections and Enforcement).

The County Council of Prince George's County, Maryland, having fully considered the labor agreement concluded between Prince George's County, Maryland and Council 67, American Federation of State, County and Municipal Employees, AFL-CIO, and its affiliated Local 2462 (Department of Public Works & Transportation, the Department of the Environment, and the Department of Permitting, Inspections and Enforcement), on September 4, 2018, hereby approves said agreement in accordance with the provisions of Section 13A-109 of the Prince George's County Code.

(CB-75-1984; CB-97-1985; CB-105-1987; CB-51-1989; CB-136-1989; CB-108-1991; CB-53-1992; CB-28-1994; CB-33-1997; CB-25-1998; CB-86-1999; CB-88-2001; CB-2-2004; CB-62-2006; CB-6-2008; CB-39-2010; CB-31-2012; CB-44-2013; CB-30-2014; CB-68-2015; CB-32-2017; CB-77-2018)

(4)

Declaration of Approval — Maryland Nurses Association — Staff Nurses Professional Chapter.

The County Council of Prince George's County, Maryland, having fully considered the labor agreement concluded between Prince George's County and the Maryland Nurses Association, Staff Nurses Professional Chapter, on December 13, 1982, hereby approves said agreement for Staff Nurses in accordance with the provisions of Section 13A-109 of the Prince George's County Code.

(5)

Declaration of Approval — Maryland Nurses Association — Supervisory Nurses Professional Chapter.

The County Council of Prince George's County, Maryland, having fully considered the labor agreement concluded between Prince George's County and the Maryland Nurses Association, Supervisory Nurses Professional Chapter, on September 16, 1982, hereby approves said agreement for Supervisory Nurses in accordance with the provisions of Section 13A-109 of the Prince George's County Code.

(6)

Declaration of Approval — Local #89, Fraternal Order of Police, Police Cadet Association.

The County Council of Prince George's County, Maryland, having fully considered the labor agreement concluded between Prince George's County and Lodge #89, Fraternal Order of Police, Police Cadet Association on June 20, 1977, and the amendment thereto effective July 1, 1978, hereby approves said agreement and the amendment thereto in accordance with the provisions of Section 13A-109 of the Prince George's County Code.

(7)

Declaration of Approval - Local 2735, American Federation of State, County and Municipal Employees, AFL-CIO (Department of Housing and Community Development and the Office of Central Services).

The County Council of Prince George's County, Maryland, having fully considered the labor agreement concluded between Prince George's County, Maryland and Council 67, American Federation of State, County and Municipal Employees, AFL-CIO, and its affiliated Local 2735 (Department of Housing and Community Development and the Office of Central Services), on September 4, 2018, hereby approves said agreement in accordance with the provisions of Section 13A-109 of the Prince George's County Code.

(CB-75-1984; CB-97-1985; CB-105-1987; CB-51-1989; CB-136-1989; CB-108-1991; CB-53-1992; CB-30-1994; CB-87-1997; CB-18-1998; CB-86-1999; CB-88-2001; CB-2-2004; CB-62-2006; CB-6-2008; CB-39-2010; CB-31-2012; CB-44-2013; CB-68-2015; CB-32-2017; CB-77-2018)

(8)

Declaration of Approval - Prince George's County Police Civilian Employees Association.

The County Council of Prince George's County, Maryland, having fully considered the labor agreement concluded between Prince George's County, Maryland and the Prince George's County Police Civilian Employees Association on September 4, 2018, hereby approves said agreement in accordance with the provisions of Section 13A-109 of the Prince George's County Code.

(CB-77-1984; CB-132-1985; CB-50-1989; CB-44-1990; CB-57-1992; CB-83-1994; CB-92-1995; CB-23-1997; CB-27-1998; CB-41-1999; CB-98-2001; CB-23-2003; CB-49-2003; CB-90-2005; CB-13-2008; CB-20-2012; CB-96-2013; CB-11-2016; CB-106-2017; CB-78-2018)

(9)

Declaration of Approval - Local 1691, American Federation of State, County and Municipal Employees, AFL-CIO.

The County Council of Prince George's County, Maryland, having fully considered the labor agreement concluded between Prince George's County and Council 67, American Federation of State, County and Municipal Employees, AFL-CIO, and affiliated locals, including Local 1691, on September 26, 1989, hereby approves said agreement in accordance with the provisions of Section 13A-109 of the Prince George's County Code.

(CB-75-1984; CB-97-1985; CB-105-1987; CB-51-1989; CB-136-1989)

(10)

Declaration of Approval — Hospital Employees — Local #63, International Brotherhood of Firemen and Oilers, AFL-CIO.

The County Council of Prince George's County, Maryland, having fully considered the labor agreement concluded between Prince George's County and Hospital Employees Local #63, International Brotherhood of Firemen and Oilers, AFL-CIO, on November 23, 1982, hereby approves said agreement in accordance with Section 13A-109 of the Prince George's County Code.

(11)

Declaration of Approval — Local 2079, American Federation of State, County, and Municipal Employees, AFL-CIO.

The County Council of Prince George's County, Maryland, having fully considered the joint labor agreement concluded between Prince George's County and Local 2079, American Federation of State, County and Municipal Employees, AFL-CIO, together with the other locals, on May 22, 1981, hereby approves said agreement in accordance with provisions of Section 13A-109 of the Prince George's County Code.

(12)

Declaration of Approval - Prince George's Correctional Officers' Association, Inc. (PGCOA) (Correctional Officers).

The County Council of Prince George's County, Maryland having fully considered the labor agreement concluded between Prince George's County, Maryland and Prince George's Correctional Officers' Association, Inc. on September 4, 2018, hereby approves said agreement in accordance with the provisions of Section 13A-109 of the Prince George's County Code.

(CB-109-1984; CB-61-1985; CB-5-1988; CB-139-1989; CB-106-1991; CB-64-1992; CB-99-1994; CB-95-1995; CB-86-1997; CB-43-1998; CB-80-1999; CB-80-2001; CB-79-2003; CB-86-2005; CB-62-2008; CB-25-2010; CB-53-2012; CB-85-2013; CB-111-2017; CB-79-2018)

(13)

Declaration of Approval — Prince George's County Hospital Commission House Staff Officers represented by the P. G. House Staff Associates.

The County Council of Prince George's County, Maryland, having fully considered the labor agreement concluded between Prince George's County and Prince George's County Hospital Commission House Staff Officers represented by the P. G. House Staff Associates on December 3, 1982, hereby approves said agreement in accordance with the provisions of Section 13A-108 of the Prince George's County Code.

(14)

Declaration of Approval — Fraternal Order of Police 112, Prince George's County Sheriffs Lodge Inc.

The County Council of Prince George's County, Maryland, having fully considered the labor agreement concluded between Prince George's County, Maryland and the Fraternal Order of Police 112, Prince George's County Sheriffs Lodge Inc., on August 16, 2018, hereby approves said agreement in accordance with the provisions of Section 13A-109 of the Prince George's County Code.

(CB-92-1984; CB-84-1985; CB-71-1988; CB-37-1990; CB-110-1991; CB-52-1992; CB-84-1994; CB-93-1995; CB-1-1997; CB-21-1998; CB-42-1999; CB-81-2000; CB-82-2001; CB-51-2003; CB-7-2006; CB-87-2006; CB-40-2008; CB-16-2012; CB-68-2013; CB-27-2016, CB-58-2017; CB-73-2018)

(15)

Declaration of Approval — Local 241, American Federation of State, County and Municipal Employees, AFL-CIO (School Crossing Guards).

The County Council of Prince George's County, Maryland, having fully considered the labor agreement concluded between Prince George's County, Maryland and Council 67, American Federation of State, County and Municipal Employees, AFL-CIO, and its affiliated Local 241, on August 14, 2018, hereby approves said agreement for School Crossing Guards in accordance with the provisions of Section 13A-109 of the Prince George's County Code.

(CB-76-1984; CB-131-1985; CB-123-1988; CB-138-1989; CB-109-1991; CB-55-1992; CB-27-1994; CB-94-1995; CB-2-1997; CB-24-1998; CB-83-1999; CB-83-2001; CB-52-2003; CB-58-2005; CB-8-2008; CB-48-2010; CB-32-2012; CB-43-2013; CB-67-2015; CB-41-2017; CB-72-2018)

(16)

Declaration of Approval — International Association of Fire Fighters, Local 1619 (Uniformed Civilian Unit).

The County Council of Prince George's County, Maryland, having fully considered the labor agreement concluded between Prince George's County and International Association of Fire Fighters, Local 1619, on June 18, 2006, hereby approves said agreement for employees in the uniformed civilian bargaining unit in the Fire Department in accordance with the provisions of Section 13A-109 of the Prince George's County Code.

(CB-112-1984; CB-93-1985; CB-6-1989; CB-70-1990; CB-72-1991; CB-51-1992; CB-115-1994; CB-42-1995; CB-30-1998; CB-74-1999; CB-39-2006)

(17)

Declaration of Approval — Local 2462, American Federation of State, County and Municipal Employees, AFL-CIO (Fire/EMS Department Bureau of Apparatus Maintenance Unit).

The County Council of Prince George's County, Maryland, having fully considered the labor agreement concluded between Prince George's County, Maryland and Council 67, American Federation of State, County and Municipal Employees, AFL-CIO, and its affiliated Local 2462, on September 24, 2001, hereby approves said agreement in accordance with the provisions of Section 13A-109 of the Prince George's County Code.

(CB-59-1990; CB-111-1991; CB-54-1992; CB-29-1994; CB-34-1997; CB-26-1998; CB-87-1999; CB-97-2001)

(18)

Declaration of Approval — Prince George's Correctional Officers' Association, Inc. (Food Services Bargaining Unit).

The County Council of Prince George's County, Maryland, having fully considered the labor agreement concluded between Prince George's County and Prince George's Correctional Officers' Association, Inc. (Food Services Bargaining Unit) on October 8, 1991, hereby approves said agreement in accordance with the provisions of Section 13A-109 of the Prince George's County Code.

(CB-104-1991)

(19)

Declaration of Approval — Local 3279, American Federation of State, County and Municipal Employees, AFL-CIO (Department of the Environment — Clerical Units I and II).

The County Council of Prince George's County, Maryland, having fully considered the labor agreement concluded between Prince George's County, Maryland and Council 67, American Federation of State, County and Municipal Employees, AFL-CIO, and its affiliated Local 3279, on July 7, 2003, hereby approves said agreement in accordance with the provisions of Section 13A-109 of the Prince George's County Code.

(CB-102-1991; CB-56-1992; CB-85-1994; CB-38-1997; CB-20-1998; CB-83-1998; CB-82-1999; CB-84-2001; CB-54-2003; CB-30-2014)

(20)

Declaration of Approval — International Association of Fire Fighters, Local 1619, AFL-CIO (Civilians).

The County Council of Prince George's County, Maryland, having fully considered the labor agreement concluded between Prince George's County and International Association of Fire Fighters, Local 1619, AFL-CIO (Civilians), on September 20, 2017, hereby approves said agreement for civilian employees in the Fire Department in accordance with the provisions of Section 13A-109 of the Prince George's County Code.

(CB-58-1992; CB-114-1994; CB-43-1995; CB-31-1998; CB-75-1999; CB-46-2002; CB-19-2004; CB-39-2006; CB-21-2008; CB-19-2012; CB-98-2013; CB-112-2017)

(21)

Declaration of Approval — Deputy Sheriff's Association of Prince George's County, Inc. (Civilian Units).

The County Council of Prince George's County, Maryland, having fully considered the labor agreement concluded between Prince George's County, Maryland and the Deputy Sheriff's Association of Prince George's County, Inc. (Civilian Units) on August 14, 2018, hereby approves said agreement in accordance with the provisions of Section 13A-109 of the Prince George's County Code.

(CB-86-1994; CB-97-1995; CB-22-1997; CB-22-1998; CB-81-1999; CB-55-2001; CB-50-2003; CB-75-2005; CB-20-2008; CB-17-2012; CB-69-2013; CB-34-2016; CB-113-2017; CB-70-2018)

(22)

Declaration of Approval — Local 2735, American Federation of State, County and Municipal Employees, AFL-CIO (Family Connection Division).

The County Council of Prince George's County, Maryland, having fully considered the labor agreement concluded between Prince George's County and Council 67, American Federation of State, County and Municipal Employees, AFL-CIO, and its affiliated Local 2735 (Family Connection Division), on January 14, 1998, hereby approves said agreement in accordance with the provisions of Section 13A-109 of the Prince George's County Code.

(CB-24-1997; CB-19-1998)

(23)

Declaration of Approval — Local 3389 American Federation of State, County and Municipal Employees, AFL-CIO (Health Department and Department of Family Services).

The County Council of Prince George's County, Maryland, having fully considered the labor agreement concluded between Prince George's County, Maryland and Council 67, American Federation of State, County and Municipal Employees, AFL-CIO, and its affiliated Local 3389 (Health Department and the Department of Family Services), on September 4, 2018, hereby approves said agreement in accordance with the provisions of Section 13A-109 of the Prince George's County Code.

(CB-84-1999; CB-85-2001; CB-53-2003; CB-62-2006; CB-6-2008; CB-39-2010; CB-31-2012; CB-44-2013; CB-68-2015; CB-32-2017; CB-77-2018)

(24)

Declaration of Approval — Local 1170 American Federation of State, County and Municipal Employees, AFL-CIO (Supervisory Employees in the Health Department, the Department of Family Services, and the Department of Housing and Community Development).

The County Council of Prince George's County, Maryland, having fully considered the labor agreement concluded between Prince George's County and Council 67, American Federation of State, County and Municipal Employees, AFL-CIO, and its affiliated Local 1170 (Supervisory Employees in the Health Department, the Department of Family Services and the Department of Housing and Community Development), on September 4, 2018, hereby approves said agreement in accordance with the provisions of Section 13A-109 of the Prince George's County Code.

(CB-86-2001; CB-3-2004; CB-62-2006; CB-6-2008; CB-39-2010; CB-31-2012; CB-44-2013; CB-68-2015; CB-32-2017; CB-77-2018)

(25)

Declaration of Approval — Prince George's Correctional Officers' Association, Inc. (PGCOA) (Civilian Unit).

The County Council of Prince George's County, Maryland having fully considered the labor agreement concluded between Prince George's County, Maryland and Prince George's Correctional Officers' Association, Inc. (Civilian Unit) on September 4, 2018, hereby approves said agreement in accordance with the provisions of Section 13A-109 of the Prince George's County Code.

(CB-89-2001; CB-80-2003; CB-62-2005; CB-23-2008; CB-52-2012; CB-84-2013; CB-35-2017; CB-107-2017; CB-80-2018)

(26)

Declaration of Approval — Service Employees International Union Local 400PG (State's Attorney's Office).

The County Council of Prince George's County, Maryland, having fully considered the labor agreement concluded between Prince George's County, Maryland and the Service Employees International Union Local 400PG on January 27, 2006, hereby approves said agreement in accordance with the provisions of Section 13A-109 of the Prince George's County Code.

(CB-10-2006)

(g)

Notwithstanding any provision of Subtitle 13A of the Prince George's County Code of Ordinances and Resolutions, titled "Labor Code," the preceding provisions of this Section shall apply to all collective bargaining agreements negotiated under said Labor Code.

(CB-1-1976; CB-20-1977; CB-21-1977; CB-22-1977; CB-49-1977; CB-78-1977; CB-83-1977; CB-92-1977; CB-136-1978; CB-144-1978; CB-145-1978; CB-146-1978; CB-159-1978; CB-40-1979; CB-144-1979; CB-145-1979; CB-146-1979; CB-18-1980; CB-130-1980; CB-131-1980; CB-151-1980; CB-6-1981; CB-25-1981; CB-108-1981; CB-129-1981; CB-150-1981; CB-185-1981; CB-34-1982; CB-41-1982; CB-93-1982; CB-142-1982; CB-145-1982; CB-148-1982; CB-2-1983; CB-5-1983; CB-6-1983; CB-19-1983; CB-71-1983; CB-72-1983; CB-101-1983; CB-102-1983; CB-128-1983; CB-130-1983; CB-91-2003)