Prince George's County Police Civilian Employees Ass'n v. Prince George's County Ex Rel. Prince George's County Police Department
135 A.3d 347
Md.2016Background
- Association challenged county authority to bargain for Weingarten advisements before criminal investigations of police civilian employees.
- Ford terminated after criminal and internal affairs investigations; arbitration vacated termination, imposed suspension and back pay based in part on violation of Article 8.C.
- Arbitrator found Weingarten violation by officers of the Criminal Investigations Division for not advising Ford; circuit court denied petition to vacate
- Court of Special Appeals vacated arbitration and remanded for rehearing, citing public policy of effective law enforcement
- Maryland Supreme Court held county lacked authority to contract for Weingarten advisements in criminal investigations; remanded to determine appropriate award with grounds independent of Weingarten violation
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to bargain about Weingarten before criminal investigations | Association argues PGCC §13A-109(a) permits it | County contends no authority to bind over criminal investigations | County lacks authority; arbitrator exceeded powers |
| Article 8.C. applicability to criminal investigations | Article 8.C. covers Weingarten-like advisement | Article 8.C. not applicable to criminal investigations | Article 8.C. does not apply to criminal investigations; invalidates the Weingarten-based ground |
| Arbitrator's reliance on Weingarten violation for reinstatement/back pay | Arbitrator could award back pay based on violation | Award invalid if grounded on ultra vires contract | Remand to consider award independent of Weingarten violation |
| Public policy of effective law enforcement | Violation would not undermine public policy | Weingarten extension would impair investigations | Court avoids broad public policy ruling; focus on authority |
Key Cases Cited
- Ill. State Police v. Fraternal Order of Police Troopers Lodge No. 41, 751 N.E.2d 1261 (Ill. App. 2001) (arbitrator exceeded authority by requiring Weingarten-like rights in criminal investigations)
- City of New York v. Uniformed Fire Officers Ass'n, Local 854, IAFF, 699 N.Y.S.2d 355 (N.Y. App. Div. 1999) (public policy limits on bargained-away investigative prerogatives)
- Bd. of Educ. of Charles Cnty. v. Educ. Ass’n of Charles Cnty., 286 Md. 358 (1979) (arbitrator exceeds powers when contract invalid; reliance on underlying contract legality)
- Downey v. Sharp, 428 Md. 249 (2012) (narrow judicial review of arbitration; arbitrator’s authority limits)
- Amalgamated Transit Union v. Lovelace, 441 Md. 560 (2015) (arbitration review is narrow; not for correcting merits)