(a) During the term of a collective bargaining agreement:
(1) either party may declare an impasse and request the services of
a mediator-arbitrator; and
(2) the parties jointly may request the services of a mediator-
arbitrator at any time without declaring an impasse.
(b) (1) If the services of a mediator-arbitrator are requested, the parties
jointly shall appoint a mediator-arbitrator.
(2) If the parties are unable to agree on a jointly appointed mediator-
arbitrator as required under § 16-311 of this subtitle, the labor relations
administrator shall name the jointly appointed mediator-arbitrator within 7 days
after the services of a mediator-arbitrator were requested.
(c) If the mediator-arbitrator finds in the discretion of the mediator-
arbitrator that the parties are in a bona fide impasse, the mediator-arbitrator shall
require each party to submit a separate memorandum of the party's last final offer
presented in negotiations on items with regard to which the parties are in dispute.
(d) (1) Within 10 days after the submission of the memorandum required
under subsection (c) of this section, the mediator-arbitrator shall hold a nonpublic
hearing on the parties' offers at a time, date, and place chosen by the mediator-
arbitrator.
(2) Each party shall submit evidence or make oral and written
argument in support of the party's last final offer.
(3) The mediator-arbitrator may not open the hearing to a person
who is not a party to the mediation-arbitration.
(e) (1) Within 5 days after the hearing required under subsection (d)(1)
of this section, the mediator-arbitrator shall issue a report choosing the final offer
that the mediator-arbitrator determines to be more reasonable when viewed as a
whole.
(2) Subject to paragraph (3) of this subsection, in determining the
more reasonable offer, the mediator-arbitrator may consider only:
(i) past collective bargaining contracts between the parties,
including the bargaining history that led to the agreement or the precollective
bargaining history of employee wages, hours, benefits, and other working conditions;
(ii) a comparison of wages, hours, benefits, and conditions of
employment of similar employees of other public employers in the Washington
Metropolitan Area and in the State;
(iii) a comparison of wages, hours, benefits, and conditions of
employment of similar employees of private employers in Montgomery County;
(iv) the public interest and welfare;
(v) the ability of the employer to finance any economic
adjustments required under the proposed agreement;
(vi) the effects of any economic adjustments on the standard of
public services normally provided by the employer; and
(vii) the annual increase or decrease in consumer prices for all
items as shown in the most recent Consumer Price Index - Wage Earners and Clerical
Workers ("CPI-W") for the Washington Metropolitan Area.
(3) In considering the terms and conditions of the final offer, the
mediator-arbitrator shall first consider and give the highest priority to the ability of
the Montgomery Commission to pay for additional short-term and long-term
expenses by considering:
(i) the limits on the ability of the Montgomery Commission to
raise revenue;
(ii) the added burden raising revenue would have on customers
of the Montgomery Commission; and
(iii) the ability of the Montgomery Commission to continue
providing the current level of service to its customers.
(4) In determining the more reasonable offer, the mediator-
arbitrator shall consider that all items on which the parties agreed before the
mediation-arbitration are integrated with each offer.
(5) The mediator-arbitrator may not receive or consider the history
of collective bargaining relating to the immediate dispute, including any offers of
settlement not contained in the offer submitted to the mediator-arbitrator.
(f) The mediator-arbitrator may not compromise or alter the final offer
that the mediator-arbitrator chooses.
(g) (1) Subject to paragraphs (2) and (5) of this subsection and without
ratification by the parties, the offer that the mediator-arbitrator chooses as
integrated with the items on which the parties previously agreed is the final
agreement between the Montgomery Commission and the exclusive representative.
(2) The economic provisions of the final agreement are subject to
funding by the Montgomery Commission.
(3) Except as provided in paragraph (5) of this subsection, the
Montgomery Commission shall appropriate money in the Montgomery Commission's
final budget for all economic provisions of the final agreement.
(4) The parties shall execute an agreement that incorporates the
final agreement, including arbitration awards and all issues agreed to under this
section.
(5) (i) Within 45 days after the execution of an agreement under
paragraph (4) of this subsection or on a later date determined by mutual agreement
of the parties due to extenuating circumstances, the Executive Director of the
Montgomery Commission shall submit to the Montgomery Commission any term or
condition of the final offer that requires:
1. an appropriation of funds or that may result in a
present or future fiscal impact on the Montgomery Commission or its customers; or
2. action by the Montgomery Commission to
implement the collective bargaining agreement.
(ii) The Montgomery Commission may accept or reject all or
part of any term or condition that the Executive Director is required to submit under
subparagraph (i) of this paragraph.
(h) The Montgomery Commission and the employee organization shall
share equally the costs of the mediator-arbitrator's services.‹ Prev All Maryland sections Next ›
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