Montgomery County v. Fraternal Order of Police, Montgomery County Lodge 35, Inc.
50 A.3d 579
Md.2012Background
- FOP filed a grievance under its CBA alleging the County terminated a 20-year practice of allowing shop stewards in-training to attend disciplinary interrogations for training purposes.
- County argued LEOBR preempts arbitration on matters relating to the LEOBR’s subject and material, and sought dismissal.
- Arbitrator held LEOBR did not preempt and denied the County’s dismissal; arbitrator did not address arbitrability or merits.
- County petitioned the circuit court to vacate the arbitration award under Md. Uniform Arbitration Act, arguing arbitrator exceeded powers due to LEOBR preemption.
- Circuit Court granted summary judgment for FOP; court concluded LEOBR not implicated and not preemptive; County sought appellate review.
- Court of Appeals affirmed, holding LEOBR is not preemptive under these facts and does not preempt the grievance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does LEOBR preempt arbitration of the grievance? | FOP: LEOBR does not govern union training actions. | County: LEOBR preempts any matter relating to officer discipline and presence at interrogations. | No preemption; LEOBR not implicated. |
| Is the grievance within LEOBR’s subject and material even if non-officer union actions are involved? | FOP asserts it seeks its own training rights, not officer discipline. | County argues presence of individuals during interrogation falls within LEOBR’s scope. | Grievance not within LEOBR’s subject and material. |
| What is the proper standard of review for the circuit court’s ruling on LEOBR preemption? | De novo review of arbitrator’s preemption ruling. | Review should be de novo given cross-motions on summary judgment. | De novo review; correct standard applied. |
Key Cases Cited
- Moats v. City of Hagerstown, 324 Md. 519 (1991) (LEOBR exclusive remedy; preempts alternate grievance procedures)
- Lodge 35, 147 Md.App. 659 (2002) (direct LEOBR conflict with grievance; preemption of arbitration)
- Coleman v. Anne Arundel Cnty. Police Dep’t, 369 Md. 108 (2002) (LEOBR exclusive remedy; uniform statewide discipline system)
- DiGrazia v. Cnty. Exec. for Montgomery Cnty., 288 Md. 437 (1980) (LEOBR procedural protections apply to investigations")
- Messersmith, Inc. v. Barclay Townhouse, 313 Md. 652 (1988) (arbitration review standards for petitions to stay/vacate)