EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0764*
HOUSE BILL 764
L2, C9 3lr0546
By: Montgomery County Delegation
Introduced and read first time: February 8, 2023
Assigned to: Appropriations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 11, 2023
CHAPTER ______
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 altering the terms and conditions of a certain final offer that the 5
Executive Director of the Housing Opportunities Commission of Montgomery County 6
is required to submit to the Montgomery Commission; authorizing the parties to a 7
collective bargaining agreement for employees of the Housing Opportunities 8
Commission of Montgomery County Montgomery Commission to request the services 9
of a mediator–arbitrator during a term of a collective bargaining agreement under 10
certain circumstances; establishing the process for mediation–arbitration; requiring 11
the parties to share equally the costs of the mediator–arbitrator’s services; and 12
generally relating to collective bargaining for employees of the Housing 13
Opportunities Commission of Montgomery County. 14
BY repealing and reenacting, with amendments, 15
Article – Housing and Community Development 16
Section 16–310 17
Annotated Code of Maryland 18
(2019 Replacement Volume and 2022 Supplement) 19
BY adding to 20
Article – Housing and Community Development 21
Section 16–310.1 22 2 HOUSE BILL 764
Annotated Code of Maryland 1
(2019 Replacement Volume and 2022 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Housing and Community Development 5
16–310. 6
(a) (1) If the parties have not reached an agreement on or before December 1 7
on a collective bargaining agreement that would become effective the following July 1, the 8
parties shall jointly appoint a mediator–arbitrator panel. 9
(2) If the parties are unable to agree on a jointly appointed 10
mediator–arbitrator as required under § 16–311 of this subtitle, the labor relations 11
administrator shall name the jointly appointed mediator–arbitrator on or before December 12
7. 13
(3) Notwithstanding appointment of the mediator–arbitrator panel, this 14
subsection does not require beginning mediation–arbitration before the date set forth in 15
subsection (b)(2) of this section. 16
(b) (1) During the collective bargaining: 17
(i) either party may declare an impasse and request the services of 18
the mediator–arbitrator panel; or 19
(ii) the parties may jointly request the services of a 20
mediator–arbitrator panel before an impasse is declared. 21
(2) If the mediator–arbitrator panel finds in the discretion of the panel that 22
the parties are at a bona fide impasse, or on February 1, if they still have not agreed on a 23
contract, whichever happens first, the mediator–arbitrator panel shall require the parties 24
to submit: 25
(i) a joint memorandum listing all items to which the parties have 26
previously agreed; and 27
(ii) a separate memorandum of the party’s last final offer presented 28
in negotiations on all items to which the parties have not previously agreed. 29
(c) (1) On or before February 10, if the parties have not agreed on a contract, 30
the mediator–arbitrator panel shall hold a nonpublic hearing on the parties’ proposals at a 31
time, date, and place chosen by the mediator–arbitrator panel. 32
HOUSE BILL 764 3
(2) Each party shall submit evidence or make oral and written argument 1
in support of the party’s last final offer. 2
(3) The mediator–arbitrator panel may not open the hearing to a person 3
who is not a party to the mediation–arbitration. 4
(d) (1) On or before February 15, the mediator–arbitrator panel shall issue a 5
report choosing the final offer that the mediator–arbitrator panel determines to be more 6
reasonable when viewed as a whole. 7
(2) Subject to paragraph (3) of this subsection, in determining the more 8
reasonable offer, the mediator–arbitrator panel may consider only: 9
(i) past collective bargaining contracts between the parties, 10
including the bargaining history that led to the agreement or the precollective bargaining 11
history of employee wages, hours, benefits, and other working conditions; 12
(ii) a comparison of wages, hours, benefits, and conditions of 13
employment of similar employees of other public employers in the Washington 14
Metropolitan Area and in the State; 15
(iii) a comparison of wages, hours, benefits, and conditions of 16
employment of similar employees of private employers in Montgomery County; 17
(iv) the public interest and welfare; 18
(v) the ability of the employer to finance any economic adjustments 19
required under the proposed agreement; 20
(vi) the effects of any economic adjustments on the standard of public 21
services normally provided by the employer; and 22
(vii) the annual increase or decrease in consumer prices for all items 23
as shown in the most recent Consumer Price Index – Wage Earners and Clerical Workers 24
(“CPI–W”) for the Washington Metropolitan Area. 25
(3) In considering the terms and conditions of the final offer regarding 26
wages, the mediator–arbitrator panel shall first consider and give the highest priority to 27
the ability of the Montgomery Commission to pay for additional short–term and long–term 28
expenses by considering: 29
(i) the limits on the ability of the Montgomery Commission to raise 30
revenue; 31
(ii) the added burden raising revenue would have on customers of 32
the Montgomery Commission; and 33
4 HOUSE BILL 764
(iii) the ability of the Montgomery Commission to continue providing 1
the current level of service to its customers. 2
(4) In determining the more reasonable offer, the mediator–arbitrator 3
panel shall consider that all items on which the parties agreed before the 4
mediation–arbitration are integrated with each offer. 5
(5) The mediator–arbitrator panel may not receive or consider the history 6
of collective bargaining relating to the immediate dispute, including any offers of 7
settlement not contained in the offer submitted to the mediator–arbitrator panel. 8
(e) The mediator–arbitrator panel may not compromise or alter the final offer 9
that the mediator–arbitrator panel chooses. 10
(f) (1) Subject to paragraphs (2) and (5) of this subsection and without 11
ratification by the parties, the offer that the mediator–arbitrator panel chooses as 12
integrated with the items on which the parties previously agreed is the final agreement 13
between the Montgomery Commission and the exclusive representative. 14
(2) The economic provisions of the final agreement are subject to funding 15
by the Montgomery Commission. 16
(3) Except as provided in paragraph (5) of this subsection, the Montgomery 17
Commission shall appropriate money in the Montgomery Commission’s final budget for all 18
economic provisions of the final agreement. 19
(4) The parties shall execute an agreement that incorporates the final 20
agreement, including arbitration awards and all issues agreed to under this section. 21
(5) (i) On or before April 1 or a later date determined by mutual 22
agreement of the parties due to extenuating circumstances, the Executive Director of the 23
Montgomery Commission shall submit to the Montgomery Commission any term or 24
condition of the final offer [regarding wages] that requires: 25
1. an appropriation of funds OR THAT MAY RESULT I N A 26
PRESENT OR FUTURE FI SCAL IMPACT ON THE MONTGOMERY COMMISSION OR ITS 27
CUSTOMERS ; or 28
[2. the adoption of a regulation that may result in a present 29
or future fiscal impact on the Montgomery Commission or its customers.] 30
2. ACTION BY THE MONTGOMERY COMMISSION TO 31
IMPLEMENT THE COLLEC TIVE BARGAINING AGRE EMENT. 32
HOUSE BILL 764 5
(ii) The Montgomery Commission may accept or reject all or part of 1
any term or condition that the Executive Director is required to submit under 2
subparagraph (i) of this paragraph. 3
(g) The Montgomery Commission and the employee organization shall share the 4
costs of the mediator–arbitrator panel’s services equally. 5
16–310.1. 6
(A) DURING THE TERM OF A COLLECTIVE BARGAINING AGREEMENT : 7
(1) EITHER PARTY MAY DEC LARE AN IMPASSE AND REQUEST THE 8
SERVICES OF A MEDIAT OR–ARBITRATOR; AND 9
(2) THE PARTIES JOINTLY MAY REQUEST THE SERV ICES OF A 10
MEDIATOR–ARBITRATOR AT ANY TI ME WITHOUT DECLARING AN IMPASSE. 11
(B) (1) IF THE SERVICES OF A MEDIATOR–ARBITRATOR ARE REQUE STED, 12
THE PARTIES JOINTLY SHALL APPOINT A MEDI ATOR–ARBITRATOR. 13
(2) IF THE PARTIES ARE UN ABLE TO AGREE ON A J OINTLY APPOINTED 14
MEDIATOR–ARBITRATOR AS REQUIR ED UNDER § 16–311 OF THIS SUBTITLE , THE 15
LABOR RELATIONS ADMINISTRA TOR SHALL NAME THE J OINTLY APPOINTED 16
MEDIATOR–ARBITRATOR WITHIN 7 DAYS AFTER THE SERVI CES OF A 17
MEDIATOR–ARBITRATOR WERE REQU ESTED. 18
(C) IF THE MEDIATOR –ARBITRATOR FINDS IN THE DISCRETION OF TH E 19
MEDIATOR–ARBITRATOR THAT THE PARTIES ARE IN A BONA FIDE IMP ASSE, THE 20
MEDIATOR–ARBITRATOR SHALL REQ UIRE EACH PARTY TO S UBMIT A SEPARATE 21
MEMORANDUM OF THE PA RTY’S LAST FINAL OFFER P RESENTED IN NEGOTIAT IONS 22
ON ITEMS WITH REGARD TO WHICH THE PARTIES ARE IN DISPUTE. 23
(D) (1) WITHIN 10 DAYS AFTER T HE SUBMISSION OF THE MEMORANDUM 24
REQUIRED UNDER SUBSE CTION (C) OF THIS SECTION, THE MEDIATOR –ARBITRATOR 25
SHALL HOLD A NONPUBL IC HEARING ON THE PA RTIES’ OFFERS AT A TIME , DATE, 26
AND PLACE CHOSEN BY THE MEDIATOR –ARBITRATOR. 27
(2) EACH PARTY SHALL SUBM IT EVIDENCE OR MAKE ORAL AND 28
WRITTEN ARGUMENT IN SUPPORT OF THE PARTY ’S LAST FINAL OFFER . 29
(3) THE MEDIATOR –ARBITRATOR MAY NOT O PEN THE HEARING TO A 30
PERSON WHO IS NOT A PARTY TO THE MEDIATI ON–ARBITRATION. 31
(E) (1) WITHIN 5 DAYS AFTER THE HEARI NG REQUIRED UNDER 32
SUBSECTION (D)(1) OF THIS SECTION, THE MEDIATOR –ARBITRATOR SHALL ISS UE A 33 6 HOUSE BILL 764
REPORT CHOOSING THE FINAL OFFER THAT THE MEDIATOR–ARBITRATOR 1
DETERMINES TO BE MOR E REASONABLE WHEN VI EWED AS A WHOLE . 2
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , IN 3
DETERMININ G THE MORE REASONABL E OFFER, THE MEDIATOR –ARBITRATOR MAY 4
CONSIDER ONLY : 5
(I) PAST COLLECTIVE BARG AINING CONTRACTS BET WEEN THE 6
PARTIES, INCLUDING THE BARGAI NING HISTORY THAT LE D TO THE AGREEMENT O R 7
THE PRECOLLECTIVE BA RGAINING HISTORY OF EMPLOYEE WAGES , HOURS, 8
BENEFITS, AND OTHER WORKING CO NDITIONS; 9
(II) A COMPARISON OF WAGE S, HOURS, BENEFITS, AND 10
CONDITIONS OF EMPLOY MENT OF SIMILAR EMPL OYEES OF OTHER PUBLI C 11
EMPLOYERS IN THE WASHINGTON METROPOLITAN AREA AND IN THE STATE; 12
(III) A COMPARISON OF WAGE S, HOURS, BENEFITS, AND 13
CONDITIONS OF EMPLOY MENT OF SIMILAR EMPL OYEES OF PRIVATE EMP LOYERS IN 14
MONTGOMERY COUNTY; 15
(IV) THE PUBLIC INTEREST AND WELFARE ; 16
(V) THE ABILITY OF THE E MPLOYER TO FINANCE A NY 17
ECONOMIC ADJUSTMENTS REQUIRED UNDER THE P ROPOSED A GREEMENT; 18
(VI) THE EFFECTS OF ANY E CONOMIC ADJUSTMENTS ON THE 19
STANDARD OF PUBLIC S ERVICES NORMALLY PRO VIDED BY THE EMPLOYE R; AND 20
(VII) THE ANNUAL INCREASE OR DECREASE IN CONSU MER 21
PRICES FOR ALL ITEMS AS SHOWN IN THE MOST RECENT 22
CONSUMER PRICE INDEX – WAGE EARNERS AND CLERICAL WORKERS (“CPI–W”) 23
FOR THE WASHINGTON METROPOLITAN AREA. 24
(3) IN CONSIDERING THE TE RMS AND CONDITIONS O F THE FINAL 25
OFFER, THE MEDIATOR –ARBITRATOR SHALL FIR ST CONSIDER AND GIVE THE 26
HIGHEST PRIORITY TO THE ABILITY OF THE MONTGOMERY COMMISSION TO PAY 27
FOR ADDITIONAL SHORT –TERM AND LONG –TERM EXPENSES BY CON SIDERING: 28
(I) THE LIMITS ON THE AB ILITY OF THE MONTGOMERY 29
COMMISSION TO RAISE R EVENUE; 30
(II) THE ADDED BURDEN RAI SING REVENUE WOULD H AVE ON 31
CUSTOMERS OF THE MONTGOMERY COMMISSION; AND 32
HOUSE BILL 764 7
(III) THE ABILITY OF THE MONTGOMERY COMMISSION TO 1
CONTINUE PROVIDING T HE CURRENT LEVEL OF SERVICE TO ITS CUSTO MERS. 2
(4) IN DETERMINING THE MO RE REASONABLE OFFER , THE 3
MEDIATOR–ARBITRATOR SHALL CON SIDER THAT ALL ITEMS ON WHICH THE PARTIES 4
AGREED BEFORE THE ME DIATION–ARBITRATION ARE INTE GRATED WITH EACH 5
OFFER. 6
(5) THE MEDIATOR –ARBITRATOR MAY NOT R ECEIVE OR CONSIDER 7
THE HISTORY OF COLLE CTIVE BARGAINING REL ATING TO THE IMMEDIA TE DISPUTE, 8
INCLUDING ANY OFFERS OF SETTLEMENT NOT CO NTAINED IN THE OFFER 9
SUBMITTED TO THE MED IATOR–ARBITRATOR. 10
(F) THE MEDIATOR –ARBITRATOR MAY NOT C OMPROMISE OR ALTER T HE 11
FINAL OFFER THAT THE MEDIATOR–ARBITRATOR CHOOSES . 12
(G) (1) SUBJECT TO PARAGRAPHS (2) AND (5) OF THIS SUBSECTION A ND 13
WITHOUT RATIFICATION BY THE P ARTIES, THE OFFER THAT THE 14
MEDIATOR–ARBITRATOR CHOOSES A S INTEGRATED WITH TH E ITEMS ON WHICH THE 15
PARTIES PREVIOUSLY A GREED IS THE FINAL A GREEMENT BETWEEN THE 16
MONTGOMERY COMMISSION AND THE EX CLUSIVE REPRESENTATI VE. 17
(2) THE ECONOMIC PROVISIO NS OF THE FIN AL AGREEMENT ARE 18
SUBJECT TO FUNDING B Y THE MONTGOMERY COMMISSION. 19
(3) EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS SUBSECTION , 20
THE MONTGOMERY COMMISSION SHALL APPR OPRIATE MONEY IN THE 21
MONTGOMERY COMMISSION’S FINAL BUDGET FOR A LL ECONOMIC PROVISIO NS OF 22
THE FINAL AGREEMENT . 23
(4) THE PARTIES SHALL EXE CUTE AN AGREEMENT TH AT 24
INCORPORATES THE FIN AL AGREEMENT , INCLUDING ARBITRATIO N AWARDS AND 25
ALL ISSUES AGREED TO UNDER THIS SECTION . 26
(5) (I) ON OR BEFORE APRIL 1 OR WITHIN 45 DAYS AFTER THE 27
EXECUTION OF AN AG REEMENT UNDER PARAGR APH (4) OF THIS SUBSECTION O R ON 28
A LATER DATE DETERMI NED BY MUTUAL AGREEM ENT OF THE PARTIES D UE TO 29
EXTENUATING CIRCUMST ANCES, THE EXECUTIVE DIRECTOR OF THE MONTGOMERY 30
COMMISSION SHALL SUBM IT TO THE MONTGOMERY COMMISSION ANY TERM O R 31
CONDITION OF THE FINAL O FFER REGARDING WAGES THAT REQUIRES : 32
1. AN APPROPRIATION OF FUNDS OR THAT MAY RESULT 33
IN A PRESENT OR FUTU RE FISCAL IMPACT ON THE MONTGOMERY COMMISSION OR 34
ITS CUSTOMERS ; OR 35 8 HOUSE BILL 764
2. THE ADOPTION OF A RE GULATION THAT MAY RE SULT 1
IN A PRESENT OR FUTURE FI SCAL IMPACT ON THE MONTGOMERY COMMISSION OR 2
ITS CUSTOMERS ACTION BY THE MONTGOMERY COMMISSION TO IMPLEME NT THE 3
COLLECTIVE BARGAININ G AGREEMENT . 4
(II) THE MONTGOMERY COMMISSION MAY ACCEPT OR REJECT 5
ALL OR PART OF ANY T ERM OR CONDITION THAT THE EXECUTIVE DIRECTOR IS 6
REQUIRED TO SUBMIT U NDER SUBPARAGRAPH (I) OF THIS PARAGRAPH . 7
(H) THE MONTGOMERY COMMISSION AND THE EM PLOYEE ORGANIZATION 8
SHALL SHARE EQUALLY THE COSTS OF THE MED IATOR–ARBITRATOR’S SERVICES. 9
SECTION 2. AND BE IT FURTHER E NACTED, That this Act shall take effect 10
October 1, 2023. 11
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.