§ 16-208. Negotiability disputes.

   (a) In general. -- If a party to the collective bargaining considers a bargaining proposal to violate the rights and responsibilities of the Commission under § 16-213 of this subtitle or the rights of Commission employees under § 16-216 of this subtitle or otherwise to violate this subtitle, the party may petition the labor relations administrator for a determination of whether the bargaining proposal constitutes a negotiability dispute that violates this subtitle.

(b) Procedure for resolving negotiability dispute. --

   (1) The procedure for resolving a negotiability dispute shall follow the process for reviewing unfair labor practice charges.

   (2) Notwithstanding paragraph (1) of this subsection, the labor relations administrator may shorten the time periods or order any appropriate expedited procedure.

(c) Order to withdraw bargaining proposal. -- The labor relations administrator may order a party to withdraw all or part of a bargaining proposal that violates this subtitle.

(d) Decision and order final. -- Unless petitioned to judicial review on the basis that the decision or order is arbitrary, is capricious, or exceeds the authority of a party, any decision reached and order issued under this subtitle is final.

HISTORY: An. Code 1957, art. 28, § 2-112.1(k); 2012, ch. 426, § 2.