(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 have been requested, the
parties jointly shall appoint a mediator-arbitrator.
(2) If the parties are unable to agree on a mediator-arbitrator, the
labor relations administrator shall appoint the mediator-arbitrator within 7 days
after the services of a mediator-arbitrator were requested.
(c) If the mediator-arbitrator finds in the mediator-arbitrator's sole
discretion that the parties are at a bona fide impasse, the mediator-arbitrator shall
direct each party to submit a separate memorandum of each party's last final offer on
items with regard to which the parties are in dispute.
(d) (1) Within 10 days after the submission of the memoranda under
subsection (c) of this section, the mediator-arbitrator shall hold a closed hearing on
the parties' offers at a time, date, and place selected by the mediator-arbitrator.
(2) Each party shall submit evidence or make oral and written
arguments in support of the party's final offer.
(3) The mediator-arbitrator may not open the hearing to a person
that 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 selecting the final offer
that the mediator-arbitrator determines to be more reasonable when viewed as a
whole.
(2) In determining which offer is more reasonable, the mediator-
arbitrator:
(i) may consider only:
1. past collective bargaining agreements between the
parties, including the past bargaining history that led to the agreement or the
precollective bargaining history of employee wages, hours, benefits, and other
working conditions;
2. a comparison of wages, hours, benefits, and
conditions of employment of similar employees of other public employers in the
Washington metropolitan area and the State;
3. a comparison of wages, hours, benefits, and
conditions of employment of similar employees of private employers in Montgomery
County and Prince George's County;
4. the public interest and welfare;
5. the ability of the Commission to finance any
economic adjustments required under the proposed agreement;
6. the effects of any economic adjustments on the
standard of public services normally provided by the Commission; and
7. the annual increase or decrease in consumer prices
for all items as reflected in the most recent Consumer Price Index - Urban Wage
Earners and Clerical Workers ("CPI-W") for the Washington Metropolitan Area; and
(ii) shall consider all items on which the parties agreed before
the mediation-arbitration began to be integrated into each offer.
(3) (i) 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.
(ii) The mediator-arbitrator may not compromise or alter the
final offer that the mediator-arbitrator selects.
(f) (1) (i) Subject to subparagraph (ii) of this paragraph, the offer
selected by the mediator-arbitrator, as integrated with the governing collective
bargaining agreement at the time of the dispute, shall be the final agreement between
the Commission and the exclusive representative without ratification by the parties.
(ii) Any terms or conditions of the final agreement that require
an appropriation of funds or the adoption of regulations or that have a present or
future fiscal impact are subject to approval by the Montgomery County Council and
the Prince George's County Council.
(iii) The Commission shall request funds in the Commission's
final budget from the Montgomery County Council and the Prince George's County
Council for all economic provisions of the final agreement.
(2) The parties shall execute an agreement incorporating the final
agreement, including arbitration awards and all issues agreed to under this section.
(g) The 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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