(a) (1) Except as provided in paragraph (2) of this subsection, the employer and the certified exclusive representative shall reach an agreement by February 1 of the year in which a collective bargaining agreement will expire. (2) Subject to paragraph (3) of this subsection, the employer and the certified exclusive representative mutually may agree to extend negotiations for a period not to extend past June 30 of the year in which a collective bargaining agreement will expire. (3) Any extension must acknowledge any relevant county budgetary deadlines in writing to ensure that parties meet crucial funding deadlines. (b) An impasse is reached during the negotiations between the employer and the certified exclusive representative if the employer and the certified exclusive representative do not reach an agreement by: (1) Stating they have mutually agreed that they are at an impasse; (2) February 1 of the year in which a collective bargaining agreement will expire; or (3) If negotiations were extended, the date to which negotiations were extended under subsection (a)(2) of this section. (c) (1) If an impasse is reached under subsection (b) of this section, the employer and the certified exclusive representative shall each submit a final offer to the other party within 48 hours after the impasse is reached. (2) Unless the impasse reached under subsection (b) of this section has been resolved, the dispute and the final offers shall be submitted to the mediator selected by the parties in accordance with subsection (d) of this section. (d) (1) Within 30 days after a mediator is selected by the parties, the mediator shall: (i) Meet with the employer and the certified exclusive representative; and (ii) Make written findings of fact and recommendations for the resolution of the dispute in accordance with this subsection. (2) (i) If the parties are unable to agree on a mediator, they shall request a list of seven mediators from the Federal Mediation and Conciliation Service. (ii) 1. Subject to subsubparagraph 2 of this subparagraph, within 3 working days after receiving the list under subparagraph (i) of this paragraph, the parties shall alternately remove one mediator from the list until only one mediator remains, who the parties shall agree will serve as the mediator under this subsection. 2. The parties shall select which party removes the first mediator from the list by using a selection method that is random and of equal chance for both parties. (3) The mediator shall act as an intermediary in bringing the parties together and shall actively assist the parties in resolving the dispute by: (i) Conducting proceedings in accordance with this subsection; (ii) Identifying the major issues in the dispute between the parties; (iii) Reviewing the positions of the parties; and (iv) Recommending a resolution for the agreement of the parties. (4) A resolution under this subsection: (i) Shall address matters such as wages, hours, or terms and conditions of employment; (ii) Except for costs assessed to employees for health care benefits, may not include health care benefits unless the benefits are contracted directly through the public library system; and (iii) May not exceed 1 fiscal year, unless agreed to by the parties. (5) (i) Any resolution under this subsection regarding pension benefits shall be construed as a recommendation for consideration by the pension sponsor of the State or respective county. (ii) A change may not be made to pension benefits unless an appropriate plan amendment is adopted by the plan sponsor of the State or respective county. (6) (i) Before issuing a final decision, the mediator shall take into consideration, among any other relevant factors: 1. The wages and pension benefits, not including health care benefits, of the employees of the bargaining unit; 2. The wages and pension benefits of other similarly situated employees performing similar services in libraries of comparable counties in the State, taking into consideration the cost-of-living index for the area in which the comparable county is located; 3. Wages and pension benefits of similarly situated county employees; 4. The last published annual U.S. Department of Labor Consumer Price Index for All Urban Consumers for All Items in the Washington- Baltimore area; 5. The special nature of the work performed by the employees of the bargaining unit, including: A. Physical requirements of employment; B. Educational requirements; C. Job training and job skills; and D. Shift assignments and the demands placed on the employees compared to the demands placed on other similarly situated library employees in comparable county jurisdictions; 6. State and county mandated expenditures; 7. Subject to subparagraph (ii) of this paragraph, availability of funds, including financial sources of revenue; and 8. The interest and welfare of the public. (ii) In considering the availability of funds for wage increases, the mediator shall consider the general fund revenues of the respective county and any related county reports on revenues. (7) A mediator may not consider testimony regarding funds for capital improvements, surplus contingency, or reserve funds. (8) (i) The parties are strongly encouraged to reach an agreement on all issues whenever possible. (ii) If no agreement can be reached by the parties, the mediator shall issue a report with the mediator's decision, including written findings of fact. (9) The mediator may adopt a package of final positions or rule on each matter separately. (10) The mediator shall submit copies of the mediator's written findings and recommendations to the employer and the certified exclusive representative on or before the immediately following April 2. (11) Any costs associated with this subsection shall be shared equally by the employer and the certified exclusive representative. (12) This subsection may not be construed to interfere with any efforts the parties may undertake to reach an agreement at any time. (13) The funding body of the applicable county is not bound by any decision made under this subsection. (14) The procedure in this subsection shall be the exclusive procedure for resolving disputes between the parties, unless the parties, by mutual agreement, determine to use another method of dispute resolution. (e) (1) The mediator shall submit the findings and recommendations of the mediator to the employer in a timely manner consistent with the timing of paragraph (2) of this subsection. (2) The employer shall approve all recommendations and findings of the mediator that do not require an appropriation of additional funds within 14 days after the mediator's decision.
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