§ 16-307. Requirements and procedures for collective bargaining.

   (a) In general. -- The Commission and the exclusive representative of the bargaining unit shall engage in collective bargaining.

(b) Agreement not required. -- Subsection (a) of this section does not require the Commission or the exclusive representative to agree to any proposal or to make any concession.

(c) Subjects of collective bargaining. -- Collective bargaining may include negotiations about the terms of employee retirement systems but not about the hiring practices of the Commission.

(d) Time for collective bargaining. --

   (1) (i) Collective bargaining may not begin later than September 1 before the beginning of a fiscal year for which a collective bargaining agreement has not been reached between the Commission and the exclusive representative.

      (ii) Collective bargaining shall conclude on or before the following February 4 or any later date determined by mutual agreement of the parties.

   (2) During the period between the dates set in paragraph (1)(i) and (ii) of this subsection, the parties shall negotiate in good faith.

(e) Negotiability disputes. --

   (1) If a party to the collective bargaining considers a bargaining proposal to violate the responsibilities of the Commission under § 16-311(a) of this subtitle or the rights of employees under § 16-314 of this subtitle or to otherwise 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.

   (2) The labor relations administrator shall resolve a negotiability dispute in accordance with the procedures for resolving an unfair labor practice charge, except that the labor relations administrator may shorten the time periods or order any appropriate expedited procedures.

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

   (4) 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 made or order issued under this section is final.

(f) Mediation. --

   (1) A mediator may be used during collective bargaining:

      (i) on request of both parties; or

      (ii) if an impasse exists, on request of either party.

   (2) The mediator shall be selected by the parties from a list supplied by the American Arbitration Association or the Federal Mediation and Conciliation Service.

HISTORY: An. Code 1957, art. 28, § 5-114.1(e)(1)-(4), (f)(3); 2012, ch. 426, § 2.