§ 16-310. Mediation -- Arbitration

   (a) Appointment of mediator-arbitrator. --

   (1) If the parties have not reached an agreement on or before December 1 on a collective bargaining agreement that would become effective the following July 1, the parties shall jointly appoint a mediator-arbitrator.

   (2) If the parties are unable to agree on a mediator-arbitrator, the labor relations administrator shall name the mediator-arbitrator on or before December 7.

   (3) Notwithstanding appointment of the mediator-arbitrator, this subsection does not require beginning mediation-arbitration before the date set forth in subsection (b)(2) of this section.

(b) Declaration of impasse. --

   (1) During the collective bargaining:

      (i) either party may declare an impasse and request the services of the mediator-arbitrator; or

      (ii) the parties may jointly request the services of a mediator-arbitrator before an impasse is declared.

   (2) If the mediator-arbitrator finds in the mediator-arbitrator's discretion that the parties are at a bona fide impasse, or on February 1, if they still have not agreed on a contract, whichever happens first, the mediator-arbitrator shall require the parties to submit:

      (i) a joint memorandum listing all items to which the parties have previously agreed; and

      (ii) a separate memorandum of the party's last final offer presented in negotiations on all items to which the parties have not previously agreed.

(c) Hearing on proposals. --

   (1) On or before February 10, if the parties have not agreed on a contract, the mediator-arbitrator shall hold a nonpublic hearing on the parties' proposals 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.

(d) Choice of more reasonable proposal. --

   (1) On or before February 15, the mediator-arbitrator shall issue a report choosing the final offer, exclusive of wages, that the mediator-arbitrator determines to be more reasonable when viewed as a whole.

   (2) 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 hours, benefits, and other working conditions;

      (ii) a comparison of 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 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-Baltimore Metropolitan Area.

   (3) 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.

   (4) 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.

(e) Final offer unchangeable. -- The mediator-arbitrator may not compromise or alter the final offer that the mediator-arbitrator chooses.

(f) Final offer as final agreement. --

   (1) Subject to paragraph (2) 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) 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.

(g) Costs of arbitrator's services to be shared. -- The Montgomery Commission and the employee organization shall share the costs of the arbitrator's services equally.

HISTORY: An. Code 1957, art. 44A, § 2-106(l); 2006, ch. 63, § 2.