PCEA v. Prince George’s County

PRINCE GEORGE’S COUNTY POLICE CIVILIAN EMPLOYEES ASSOCIATION v. PRINCE GEORGE’S COUNTY, MARYLAND ON BEHALF OF PRINCE GEORGE’S COUNTY POLICE DEPARTMENT
Court of Appeals, Watts, Filed April 22, 2016,
Collective Bargaining – PG County did not have authority to enter into a collective bargaining granting civilian employees procedural rights and benefits regarding criminal investigations against them

Civilian employee was questioned by detectives about theft of handgun and impersonation of LEO. PCEA argued that the employee should have been read his “Weingarten” rights in addition to Miranda rights. PG argued that the Weingarten portion of the contract was not intended to apply to criminal investigation.

CoA held that regardless of whether it was intended, PG didn’t have the right to add that term/benefit anyway

Weingarten – right under the NLRA “to refuse to submit without union representation to an interview [that the employee] reasonably fears may result in [the employee’s] discipline.”

LEOBR – The LEOBR does not apply to civilian employees of law enforcement agencies

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