10/29/2021

SENT VIA ELECTRONIC MAIL

HON. Michael Wolf
Labor Relations Administrator
Montgomery County, Maryland
Email: mwolfarb@outlook.com

RE: Charge of Prohibited Practice

Dear Mr. Wolf:

The Municipal and County Government Employees Organization (“MCGEO” or the
“Union”), through counsel, hereby files this unfair labor practice charge against the Maryland-
National Capital Park and Planning Commission (“MNCPPC” or the “Commission”) pursuant to
Md. Land Use Code Ann. Section 16-218 (the “Code”) which authorizes the filing of unfair
labor practices. Specifically, the Union is charging the County with violating section 16-
214(a)(5) of the Code which prohibits the Commission from “refusing to bargain in good faith
with an employee organization that is certified as the exclusive representative of a bargaining
unit over any subject of bargaining . . . under this subtitle.”
This charge stems from two separate (but related) occurrences regarding COVID-19
vaccinations. First, on October 29, 2021, the Commission unilaterally implemented a COVID
Vaccination Policy which, inter alia, prohibits MCGEO members from “reporting to work as
scheduled” until they either 1) receive a COVID vaccination; or 2) submit a request for a medical
or religious accommodation. (See Exhibit A).1 The Commission’s policy also extends to those
MCGEO members who “work remotely.” According to the Commission, any MCGEO member
who fails to get vaccinated (or fails to submit a religious or medical accommodation request)
“shall be required to use leave without pay” and those members may also be “subject to
disciplinary action.” Health and safety are two prominent mandatory subjects of bargaining and
the Commission’s unilateral implementation of a COVID vaccination policy is a clear violation
of its duty to bargain in good faith with MCGEO.
Furthermore, in early October 2021, the Commission and MCGEO (collectively the
“parties”) began negotiations over a COVID vaccination “questionnaire” so that the parties could
keep track of employees who have completed their COVID-19 vaccinations. Ultimately, the
parties agreed to a questionnaire which offered three possible responses to the question of
whether or not MCGEO members have received a COVID vaccination. The responses that the
parties agreed to were: “(a) Yes; (b) No; (c) I decline to answer.” However, when the
Commission produced the questionnaire (in electronic format) MCGEO members who

1
Although Exhibit A is titled as a “bargaining proposal,” the Commission informed MCGEO that it was going to
unilaterally implement the policy based on the “management rights’ clause under the parties’ collective bargaining
agreement.
responded to “(c) I decline to answer” received the following message: “NOTE: THIS OPTION
IS NOW DISABLED BECAUSE DISCLOSURE IS REQUIRED.” (See Exhibit B). Upon
information and belief, those members who declined to complete the altered questionnaire were
threatened with disciplinary action including written reprimands.
Again, by inserting unilateral changes into a questionnaire after negotiations with the
MCGEO, the Commission engaged in bad faith bargaining. Thus, MCGEO seeks all make whole
relief including a cease-and-desist order requiring the Commission to revoke: its command
prohibiting unvaccinated MCGEO members from working; the unilaterally altered questionnaire;
and any threatened or actual disciplinary action involving MCGEO members with respect to the
unilateral COVID vaccination policy and the failure to answer the unilaterally altered
questionnaire.

Respectfully Submitted,
/s
Blaine Z. Taylor
Butsavage & Durkalski, P.C
1920 L St NW, Suite 301
Washington, DC 20036
T: 202-861-9700
F: 202-861-9711
btaylor@butsavage.com
Counsel to MCGEO