PROCEEDING UNDER THE MUNICIPAL EMPLOYEE RELATIONS ORDINANCE OF BALTIMORE CITY In the matter of BALTIMORE MUNICIPAL EMPLOYEES UNION, LOCAL 44 alw AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO Employee Organization/Complainant, and THE BALTIMORE CONVENTION CENTER, an agency of MAYOR AND CITY COUNCIL OF BALTIMORE, Employer/Respondent. VERIFIED UNFAIR LABOR PRACTICE COMPLAINT Baltimore Municipal Employees Union, Local 44, a/w American Federation of State, County and Municipal Employees, AFL-CIO, by its counsel as undersigned, submits this as its Complaint under Article 12, Section 7-4(a) of the Baltimore City Code against The Baltimore Convention Center, and as and for the grounds of its Complaint, it states as follows: 1. Baltimore Municipal Employees Union, Local 44, a/w American Federation of State, County and Municipal Employees, AFL-CIO (“Local 44" or “Union”), is an Employee Organization within the meaning of Article 12, Section 1-1(c) of the Baltimore City Code. Local 44 is recognized as an Exclusive Representative of certain employees ofthe Mayor and City Council of Baltimore, including persons employed by the Mayor and City Council at The Baltimore Convention Center, and it has engaged in collective bargaining with the Mayor and City Council since 1970 or thereabout. The bargaining unit assigned to Local 44 for purposes of collective bargaining includes operations aides, custodial workers, painters, maintenance mechanics, carpenters, trades craftsmen and other persons employed within the classified service of the City of Baltimore. 2. The Baltimore Convention Center is a constituent agency of the Mayor and City Council of Baltimore, formed and organized under Article 1, Subtitle 13 of the Baltimore City Code. Under Article 1, Sections 13-1(a) and 13-2, the Convention Complex Director and the Convention Center Manager are entrusted to manage and control The Baltimore Convention Center, its operation and employees. The Baltimore Convention Center is an Employer within the meaning of Article 12, Section 1-1(f) of the Baltimore City Code. 3. Under Article 12, Section 1-2(b) of the Baltimore City Code, it is incumbent upon the municipality, and its constituent agencies, to provide orderly procedures for the participation by the municipal employees and their representatives in the formulation of personnel policies and plans, and to insure the fair and considerate treatment of municipal employees. 4. Under Article 12, Section 1-2(c) of the Baltimore City Code, it is an obligation of the municipality, and its constituent agencies, to endeavor in good faith toy resolve grievances and differences relating to terms and conditions of employment. 5. Under Article 12, Section 3-1 of the Baltimore City Code, employees shall have and shall be protected in the exercise of the right of self-organization, to form, join, assist, or participate in any employee organization, freely and without fear of penalty or reprisal. Under Article 12, Section 7-2(1) of the Baltimore City Code, the Employer is prohibited from interfering with, restraining or coercing employees in the exercise of their rights of self-organization, all as more fully described in Article 12, Section 3-1. 6. Under Article 12, Sections 7-2(2) and 7-2(3), the Employer is additionally prohibited or enjoined from engaging in discrimination or reprisal in any term or condition. of employment, including discipline, either to encourage or discourage union membership or activities, or to control or dominate an Employee Organization. 7. Under Article 12, Section 2-2(a), the Labor Commissioner of the City of Baltimore is charged with administration of the Municipal Employee Relations Ordinance, and the Labor Commissioner is a permanent member of the Employer's negotiating team for purposes of collective bargaining. The Labor Commissioner also is to advise the Mayor on matters of labor-management relations and collective bargaining. 8. Under Article 12, Section 4-2(a) whenever a petition is filed with the Labor Commissioner claiming that there is a question concerning representation, the Labor Commissioner is to process the petition and in “negotiation on behalf of the employer” is to attempt to reach agreement on the question. Article 12, Section 4-2(b) further provides