EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0764*
HOUSE BILL 764
L2, C9 3lr0546
By: Montgomery County Delegation
Introduced and read first time: February 8, 2023
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
Montgomery County Housing Opportunities Commission – Collective 2
Bargaining Agreement Implementation – Impasse Arbitration 3
MC 10–23 4
FOR the purpose of authorizing the parties to a collective bargaining agreement for 5
employees of the Housing Opportunities Commission of Montgomery County to 6
request the services of a mediator–arbitrator during a term of a collective bargaining 7
agreement under certain circumstances; establishing the process for 8
mediation–arbitration; requiring the parties to share equally the costs of the 9
mediator–arbitrator’s services; and generally relating to collective bargaining for 10
employees of the Housing Opportunities Commission of Montgomery County. 11
BY adding to 12
Article – Housing and Community Development 13
Section 16–310.1 14
Annotated Code of Maryland 15
(2019 Replacement Volume and 2022 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Housing and Community Development 19
16–310.1. 20
(A) DURING THE TERM OF A COLLECTIVE BARGAININ G AGREEMENT : 21
(1) EITHER PARTY MAY DEC LARE AN IMPASSE AND REQUEST THE 22
SERVICES OF A MEDIATOR–ARBITRATOR; AND 23 2 HOUSE BILL 764
(2) THE PARTIES JOINTLY MAY REQUEST THE SERV ICES OF A 1
MEDIATOR–ARBITRATOR AT ANY TIME WITHOUT DECLARING AN IMPASSE . 2
(B) (1) IF THE SERVICES OF A ME DIATOR–ARBITRATOR ARE REQUE STED, 3
THE PARTIES JOINTLY SHALL APPOINT A MEDIATOR –ARBITRATOR. 4
(2) IF THE PARTIES ARE UN ABLE TO AGREE ON A J OINTLY APPOINTED 5
MEDIATOR–ARBITRATOR AS REQUIR ED UNDER § 16–311 OF THIS SUBTITLE , THE 6
LABOR RELATIONS ADMI NISTRATOR SHALL NAME THE JOINTLY APPOINTE D 7
MEDIATOR–ARBITRATOR WITHIN 7 DAYS AFTER THE SERVICES O F A 8
MEDIATOR–ARBITRATOR WERE REQUESTED . 9
(C) IF THE MEDIATOR –ARBITRATOR FINDS IN THE DISCRETION OF TH E 10
MEDIATOR–ARBITRATOR THAT THE PARTIES ARE IN A BONA FIDE IMPASSE, THE 11
MEDIATOR–ARBITRATOR SHALL REQ UIRE EACH PARTY TO SUBMIT A SEPARATE 12
MEMORANDUM OF THE PA RTY’S LAST FINAL OFFER P RESENTED IN NEGOTIAT IONS 13
ON ITEMS WITH REGARD TO WHICH THE PARTIES ARE IN DISPUTE. 14
(D) (1) WITHIN 10 DAYS AFTER THE SUBMISSION OF TH E MEMORANDUM 15
REQUIRED UNDER SUBSECTION (C) OF THIS SECTION, THE MEDIATOR –ARBITRATOR 16
SHALL HOLD A NONPUBL IC HEARING ON THE PA RTIES’ OFFERS AT A TIME, DATE, 17
AND PLACE CHOSEN BY THE MEDIATOR –ARBITRATOR. 18
(2) EACH PARTY SHALL SUBM IT EVIDENCE OR MAKE ORAL AND 19
WRITTEN ARGUMENT IN SUPPORT OF THE PARTY ’S LAST FINAL OFF ER. 20
(3) THE MEDIATOR –ARBITRATOR MAY NOT O PEN THE HEARING TO A 21
PERSON WHO IS NOT A PARTY TO THE MEDIATI ON–ARBITRATION. 22
(E) (1) WITHIN 5 DAYS AFTER THE HEARING REQUIRED UNDER 23
SUBSECTION (D)(1) OF THIS SECTION, THE MEDIATOR –ARBITRATOR SHALL ISS UE A 24
REPORT CHOOSING THE FINAL OFFER THAT THE MEDIA TOR–ARBITRATOR 25
DETERMINES TO BE MOR E REASONABLE WHEN VI EWED AS A WHOLE . 26
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , IN 27
DETERMINING THE MORE REASONABLE OFFER , THE MEDIATOR –ARBITRATOR MAY 28
CONSIDER ONLY : 29
(I) PAST COLLECTIVE BARG AINING CONTRACTS BET WEEN THE 30
PARTIES, INCLUDING THE BARGAI NING HISTORY THAT LE D TO THE AGREEMENT O R 31
THE PRECOLLECTIVE BA RGAINING HISTORY OF EMPLOYEE WAGES , HOURS, 32
BENEFITS, AND OTHER WORKING CO NDITIONS; 33 HOUSE BILL 764 3
(II) A COMPARISON OF WAGE S, HOURS, BENEFITS, AND 1
CONDITIONS OF EMPLOY MENT OF SIMILAR EMPL OYEES OF OTHER PUBLI C 2
EMPLOYERS IN THE WASHINGTON METROPOLITAN AREA AND IN THE STATE; 3
(III) A COMPARISON OF WAGE S, HOURS, BENEFITS, AND 4
CONDITIONS OF EMPLOY MENT OF SIMILAR EMPL OYEES OF PRIVA TE EMPLOYERS IN 5
MONTGOMERY COUNTY; 6
(IV) THE PUBLIC INTEREST AND WELFARE ; 7
(V) THE ABILITY OF THE E MPLOYER TO FINANCE A NY 8
ECONOMIC ADJUSTMENTS REQUIRED UNDER THE P ROPOSED AGREEMENT ; 9
(VI) THE EFFECTS OF ANY E CONOMIC ADJUSTMENTS ON THE 10
STANDARD OF PUBLIC SERVICES NORM ALLY PROVIDED BY THE EMPLOYER; AND 11
(VII) THE ANNUAL INCREASE OR DECREASE IN CONSU MER 12
PRICES FOR ALL ITEMS AS SHOWN IN THE MOST RECENT 13
CONSUMER PRICE INDEX – WAGE EARNERS AND CLERICAL WORKERS (“CPI–W”) 14
FOR THE WASHINGTON METROPOLITA N AREA. 15
(3) IN CONSIDERING THE TE RMS AND CONDITIONS O F THE FINAL 16
OFFER, THE MEDIATOR –ARBITRATOR SHALL FIR ST CONSIDER AND GIVE THE 17
HIGHEST PRIORITY TO THE ABILITY OF THE MONTGOMERY COMMISSION TO PAY 18
FOR ADDITIONAL SHORT –TERM AND LONG –TERM EXPENSES BY CON SIDERING: 19
(I) THE LIMITS ON THE AB ILITY OF THE MONTGOMERY 20
COMMISSION TO RAISE R EVENUE; 21
(II) THE ADDED BURDEN RAI SING REVENUE WOULD H AVE ON 22
CUSTOMERS OF THE MONTGOMERY COMMISSION; AND 23
(III) THE ABILITY OF THE MONTGOMERY COMMISSION TO 24
CONTINUE PROVIDING THE CURREN T LEVEL OF SERVICE T O ITS CUSTOMERS . 25
(4) IN DETERMINING THE MO RE REASONABLE OFFER , THE 26
MEDIATOR–ARBITRATOR SHALL CON SIDER THAT ALL ITEMS ON WHICH THE PARTIES 27
AGREED BEFORE THE ME DIATION–ARBITRATION ARE INTE GRATED WITH EACH 28
OFFER. 29
(5) THE MEDIATOR –ARBITRATOR MAY NOT R ECEIVE OR CONSIDER 30
THE HISTORY OF COLLE CTIVE BARGAINING REL ATING TO THE IMMEDIA TE DISPUTE, 31 4 HOUSE BILL 764
INCLUDING ANY OFFERS OF SETTLEMENT NOT CO NTAINED IN THE OFFER 1
SUBMITTED TO THE MED IATOR–ARBITRATOR. 2
(F) THE MEDIATOR –ARBITRATO R MAY NOT COMPROMISE OR ALTER THE 3
FINAL OFFER THAT THE MEDIATOR–ARBITRATOR CHOOSES . 4
(G) (1) SUBJECT TO PARAGRAPHS (2) AND (5) OF THIS SUBSECTION A ND 5
WITHOUT RATIFICATION BY THE PARTIES , THE OFFER THAT THE 6
MEDIATOR–ARBITRATOR CHOOSES A S INTEGRATED WITH T HE ITEMS ON WHICH TH E 7
PARTIES PREVIOUSLY A GREED IS THE FINAL A GREEMENT BETWEEN THE 8
MONTGOMERY COMMISSION AND THE EX CLUSIVE REPRESENTATI VE. 9
(2) THE ECONOMIC PROVISIO NS OF THE FINAL AGREEMENT ARE 10
SUBJECT TO FUNDING B Y THE MONTGOMERY COMMISSION. 11
(3) EXCEPT AS PROVIDED IN P ARAGRAPH (5) OF THIS SUBSECTION , 12
THE MONTGOMERY COMMISSION SHALL APPR OPRIATE MONEY IN THE 13
MONTGOMERY COMMISSION’S FINAL BUDGET FOR A LL ECONOMIC PROVISIO NS OF 14
THE FINAL AGREEMENT . 15
(4) THE PARTIES SHALL EXE CUTE AN AGREEMENT TH AT 16
INCORPORATES THE FINAL AGREEMENT , INCLUDING ARBITRATIO N AWARDS AND 17
ALL ISSUES AGREED TO UNDER THIS SECTION . 18
(5) (I) ON OR BEFORE APRIL 1 OR A LATER DATE DETE RMINED BY 19
MUTUAL AGREEMENT OF THE PARTIES DUE TO E XTENUATING CIRCUMSTA NCES, THE 20
EXECUTIVE DIRECTOR OF THE MONTGOMERY COMMISSION SHALL SUBM IT TO THE 21
MONTGOMERY COMMISSION ANY TERM O R CONDITION OF THE FINAL OFFER 22
REGARDING WAGES THAT REQUIRES: 23
1. AN APPROPRIATION OF FUNDS; OR 24
2. THE ADOPTION OF A RE GULATION THAT MAY RE SULT 25
IN A PRESENT OR FUTU RE FISCAL IMPACT ON THE MONTGOMERY COMMISSION OR 26
ITS CUSTOMERS . 27
(II) THE MONTGOMERY COMMISSION MAY ACCEPT OR REJECT 28
ALL OR PART OF ANY T ERM OR CONDITION THA T THE EXECUTIVE DIRECTOR IS 29
REQUIRED TO SUBMIT U NDER SUBPARAGRAPH (I) OF THIS PARAGRAPH . 30
(H) THE MONTGOMERY COMMISSION AND THE EM PLOYEE ORGANIZATION 31
SHALL SHARE EQUALLY THE COSTS OF THE MEDIATOR–ARBITRATOR’S SERVICES. 32
HOUSE BILL 764 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2023. 2