§ 4-5-315. WORK ACTIONS PROHIBITED.

(a)

Definitions.

(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 which is intended to induce, encourage, or coerce persons doing business with the county 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 county 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 slow-down by employees; or

(iii)

The refusal of employees to perform job duties.

(b)

In general. Strikes, work stoppages, lockouts, and secondary boycotts are prohibited.

(c)

Prohibited employee actions.

(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 county government, its property, or field or office facilities in furtherance of a strike, work stoppage, or secondary boycott.

(d)

Penalty for violation - Employee organization. If an employee organization violates this section, the County Executive may:

(1)

Revoke the employee organization's designation as 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.

(e)

Same - Employee. An employee who violates this section is subject to immediate disciplinary action, which may include permanent dismissal from the county classified service.

(f)

Lockouts prohibited.

(1)

The county may not direct a lockout against employees.

(2)

Nothing in this section may be construed to prohibit the county administration from exercising its managerial rights under § 4-5-202 of this title.

(1988 Code, §§ 25-52, 25-60) (Bill No. 11, 1992, § 1, 1-27-1992; Bill No. 112-98, § 1, 11-20-1998; Bill No. 66-99, § 2, 7-1-2004; Bill No. 71-03, § 3, 7-1-2004)