Office & Professional Employees International Union, Local 2 v. Mass Transit Administration

453 A.2d 1191, 295 Md. 88, 1982 Md. LEXIS 365
CourtCourt of Appeals of Maryland
DecidedDecember 23, 1982
Docket[No. 133, September Term, 1981.]
StatusPublished
Cited by58 cases

This text of 453 A.2d 1191 (Office & Professional Employees International Union, Local 2 v. Mass Transit Administration) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Office & Professional Employees International Union, Local 2 v. Mass Transit Administration, 453 A.2d 1191, 295 Md. 88, 1982 Md. LEXIS 365 (Md. 1982).

Opinion

Eldridge, J.,

delivered the opinion of the Court.

This declaratory judgment action concerns the authority of the Mass Transit Administration to enter into a collective bargaining agreement with the respondent Union covering the wages, hours, pension rights, etc. of a particular group of the Administration’s employees.

The Mass Transit Administration (MTA) was created by Ch. 160 of the Acts of 1969, as an agency of the State of Maryland, to develop "improved and expanded transit facilities, consisting of rapid transit and bus service operating as a unified and coordinated regional transit system” in Baltimore City, Baltimore County and Anne Arundel County. Ch. 160 of the Acts of 1969, § 2, "Declaration of legislative policy”; Maryland Code (1977), § 7-102 of the Transportation Article. The organization, powers, duties and responsibilities of the MTA remain essentially as set forth in the 1969 statute. 1 Included among those statutory powers is the right of the MTA either to *91 construct new transit facilities or to acquire existing transit facilities. Code (1977), §§ 7-208 (a) (1), 7-301 (b), 7-305 and 7-401 (b) of the Transportation Article. Also included among the MTA’s powers and duties are the following (§§ 7-601 and 7-602 (b) of the Transportation Article):

"§ 7-601. Labor contracts.
The Administration may deal with and make written contracts as to wages, salaries, hours, working conditions, and pension and retirement provisions with the accredited representatives of the employees who form part of any operating company that the Administration acquires, including the representative of any labor organization authorized to act for those employees.
"§ 7-602. Arbitration in labor disputes.
"(b) Unresolved labor dispute to be submitted to arbitration board. — If, in a labor dispute between the Administration and any employees described in § 7-601 of this subtitle, collective bargaining does not result in agreement, the Administration shall submit the dispute to an arbitration board.”

In April 1970, the MTA acquired the assets of a privately owned bus company, the Baltimore Transit Company (BTC), and began operating bus service in the Baltimore metropolitan area. At the time of this acquisition, the respondent Office and Professional Employees International Union Local 2 (hereafter referred to as "the Union”) was the accredited collective bargaining representative of certain employees of the BTC who performed secretarial and clerical tasks for the bus operations. The MTA assumed the collective bargaining agreement between the Union and the BTC as required by law. 2 Since that time, the MTA and the *92 Union have reached several new collective bargaining agreements covering former employees of the BTC.

Several years after its acquisition of the BTC, the MTA began a rapid rail transit development program (subway) which required the hiring of several new employees. This group of new employees included a support staff of secretaries and clerical workers needed for the planning, engineering and construction of the metropolitan Baltimore subway system. Also, the creation of the Department of Transportation and the placement of the MTA within that Department, by Ch. 526 of the Acts of 1970, effective July 1, 1971, resulted in some reorganization causing the MTA to employ additional secretaries and clerical employees. The additional secretaries and clerical employees who were hired because of the subway operation and the creation of the Department of Transportation, and who had not been employees of the BTC, are approximately thirty-five in number. As found by the court below, the jobs of these additional secretaries and clerical employees "are often very similar to those of employees represented by the Union.” The court went on to point out, however, that these employees are in grades comparable and similar to those established by the State Department of Personnel for most other state employees, that they are required to be members of the state pension system, and that they are treated as regular state employees for budgetary and pension purposes. These thirty-five additional secretarial and clerical employees (hereafter collectively referred to as the "clerical employees”) are the subject of the dispute in this case.

Some time prior to 1978, many of these additional clerical employees expressed an interest in being covered by the *93 Union’s contract with the MTA, and they signed cards authorizing the Union to represent them. During the 1978 collective bargaining negotiations between the MTA and the Union, the Union demanded that the additional clerical employees be recognized as part of the bargaining unit for which the Union was the accredited representative. The demand was later withdrawn, and further attempts by the Union in 1979 and 1980 to represent these clerical employees also failed. During contract negotiations in March 1981, the Union again requested that the additional clerical employees be covered in the collective bargaining agreement by adding job classifications to the agreement. When the MTA refused to bargain over this request, contract negotiations ceased, and the Union demanded arbitration of the representation issue. 3

The MTA then commenced the present action by filing a bill of complaint in the Circuit Court of Baltimore City. The MTA sought a declaratory judgment that it was not legally authorized to recognize the Union as the collective bargaining representative of the thirty-five clerical employees and that arbitration of the representation issue was "illegal under Maryland law.” The Union sought dismissal of the MTA’s bill; it also filed a counterclaim for an order directing the MTA to arbitrate the issue of representation.

After a hearing, the Circuit Court filed a declaratory judgment and, following the Union’s motion for reconsideration, a supplemental declaratory judgment. The court declared that the MTA has no "authority to bind itself to collectively bargain in matters of employee compensation in the absence of enabling legislation.” The court further declared that the authorization to enter collective *94 bargaining agreements in § 7-601 of the Transportation Article was limited to collective bargaining agreements covering employees who form or formed a part of an operating company that the MTA acquires or had acquired in the past, and that the thirty-five additional clerical employees did not fall into this category. The court concluded that

"[s]ince .. . there is no legislative authorization for the MTA to recognize any representatives of employees other than representatives of former employees of operating companies acquired by the MTA, it follows that the MTA has no right or authority to do so. It is, therefore, irrelevant whether the MTA agreed by contract to recognize the Union as the representative of employees other than former employees of an operating company acquired by the MTA, because an illegal promise is clearly unenforceable.. . .

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Bluebook (online)
453 A.2d 1191, 295 Md. 88, 1982 Md. LEXIS 365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-professional-employees-international-union-local-2-v-mass-md-1982.