MD
Maryland House Bill HB764

Maryland 2023 Regular Session

Maryland House Bill HB764 Compare Versions

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1- WES MOORE, Governor Ch. 92
21
3-– 1 –
4-Chapter 92
5-(House Bill 764)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0764*
89
9-Montgomery County Housing Opportunities Commission – Collective
10-Bargaining Agreement Implementation – Impasse Arbitration
10+HOUSE BILL 764
11+L2, C9 3lr0546
1112
12-MC 10–23
13+By: Montgomery County Delegation
14+Introduced and read first time: February 8, 2023
15+Assigned to: Appropriations
16+Committee Report: Favorable with amendments
17+House action: Adopted
18+Read second time: March 11, 2023
1319
14-FOR the purpose of altering the terms and conditions of a certain final offer that the
15-Executive Director of the Housing Opportunities Commission of Montgomery County
16-is required to submit to the Montgomery Commission; authorizing the parties to a
17-collective bargaining agreement for employees of the Housing Opportunities
18-Commission of Montgomery County Montgomery Commission to request the services
19-of a mediator–arbitrator during a term of a collective bargaining agreement under
20-certain circumstances; establishing the process for mediation–arbitration; requiring
21-the parties to share equally the costs of the mediator–arbitrator’s services; and
22-generally relating to collective bargaining for employees of the Housing
23-Opportunities Commission of Montgomery County.
20+CHAPTER ______
2421
25-BY repealing and reenacting, with amendments,
26- Article – Housing and Community Development
27-Section 16–310
28- Annotated Code of Maryland
29- (2019 Replacement Volume and 2022 Supplement)
22+AN ACT concerning 1
3023
31-BY adding to
32- Article – Housing and Community Development
33-Section 16–310.1
34- Annotated Code of Maryland
35- (2019 Replacement Volume and 2022 Supplement)
24+Montgomery County Housing Opportunities Commission – Collective 2
25+Bargaining Agreement Implementation – Impasse Arbitration 3
3626
37- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
38-That the Laws of Maryland read as follows:
27+MC 10–23 4
3928
40-Article – Housing and Community Development
29+FOR the purpose of altering the terms and conditions of a certain final offer that the 5
30+Executive Director of the Housing Opportunities Commission of Montgomery County 6
31+is required to submit to the Montgomery Commission; authorizing the parties to a 7
32+collective bargaining agreement for employees of the Housing Opportunities 8
33+Commission of Montgomery County Montgomery Commission to request the services 9
34+of a mediator–arbitrator during a term of a collective bargaining agreement under 10
35+certain circumstances; establishing the process for mediation–arbitration; requiring 11
36+the parties to share equally the costs of the mediator–arbitrator’s services; and 12
37+generally relating to collective bargaining for employees of the Housing 13
38+Opportunities Commission of Montgomery County. 14
4139
42-16–310.
40+BY repealing and reenacting, with amendments, 15
41+ Article – Housing and Community Development 16
42+Section 16–310 17
43+ Annotated Code of Maryland 18
44+ (2019 Replacement Volume and 2022 Supplement) 19
4345
44- (a) (1) If the parties have not reached an agreement on or before December 1
45-on a collective bargaining agreement that would become effective the following July 1, the
46-parties shall jointly appoint a mediator–arbitrator panel.
46+BY adding to 20
47+ Article – Housing and Community Development 21
48+Section 16–310.1 22 2 HOUSE BILL 764
4749
48- (2) If the parties are unable to agree on a jointly appointed
49-mediator–arbitrator as required under § 16–311 of this subtitle, the labor relations Ch. 92 2023 LAWS OF MARYLAND
5050
51-– 2 –
52-administrator shall name the jointly appointed mediator–arbitrator on or before December
53-7.
51+ Annotated Code of Maryland 1
52+ (2019 Replacement Volume and 2022 Supplement) 2
5453
55- (3) Notwithstanding appointment of the mediator–arbitrator panel, this
56-subsection does not require beginning mediation–arbitration before the date set forth in
57-subsection (b)(2) of this section.
54+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
55+That the Laws of Maryland read as follows: 4
5856
59- (b) (1) During the collective bargaining:
57+Article – Housing and Community Development 5
6058
61- (i) either party may declare an impasse and request the services of
62-the mediator–arbitrator panel; or
59+16–310. 6
6360
64- (ii) the parties may jointly request the services of a
65-mediator–arbitrator panel before an impasse is declared.
61+ (a) (1) If the parties have not reached an agreement on or before December 1 7
62+on a collective bargaining agreement that would become effective the following July 1, the 8
63+parties shall jointly appoint a mediator–arbitrator panel. 9
6664
67- (2) If the mediator–arbitrator panel finds in the discretion of the panel that
68-the parties are at a bona fide impasse, or on February 1, if they still have not agreed on a
69-contract, whichever happens first, the mediator–arbitrator panel shall require the parties
70-to submit:
65+ (2) If the parties are unable to agree on a jointly appointed 10
66+mediator–arbitrator as required under § 16–311 of this subtitle, the labor relations 11
67+administrator shall name the jointly appointed mediator–arbitrator on or before December 12
68+7. 13
7169
72- (i) a joint memorandum listing all items to which the parties have
73-previously agreed; and
70+ (3) Notwithstanding appointment of the mediator–arbitrator panel, this 14
71+subsection does not require beginning mediation–arbitration before the date set forth in 15
72+subsection (b)(2) of this section. 16
7473
75- (ii) a separate memorandum of the party’s last final offer presented
76-in negotiations on all items to which the parties have not previously agreed.
74+ (b) (1) During the collective bargaining: 17
7775
78- (c) (1) On or before February 10, if the parties have not agreed on a contract,
79-the mediator–arbitrator panel shall hold a nonpublic hearing on the parties’ proposals at a
80-time, date, and place chosen by the mediator–arbitrator panel.
76+ (i) either party may declare an impasse and request the services of 18
77+the mediator–arbitrator panel; or 19
8178
82- (2) Each party shall submit evidence or make oral and written argument
83-in support of the party’s last final offer.
79+ (ii) the parties may jointly request the services of a 20
80+mediator–arbitrator panel before an impasse is declared. 21
8481
85- (3) The mediator–arbitrator panel may not open the hearing to a person
86-who is not a party to the mediation–arbitration.
82+ (2) If the mediator–arbitrator panel finds in the discretion of the panel that 22
83+the parties are at a bona fide impasse, or on February 1, if they still have not agreed on a 23
84+contract, whichever happens first, the mediator–arbitrator panel shall require the parties 24
85+to submit: 25
8786
88- (d) (1) On or before February 15, the mediator–arbitrator panel shall issue a
89-report choosing the final offer that the mediator–arbitrator panel determines to be more
90-reasonable when viewed as a whole.
87+ (i) a joint memorandum listing all items to which the parties have 26
88+previously agreed; and 27
9189
92- (2) Subject to paragraph (3) of this subsection, in determining the more
93-reasonable offer, the mediator–arbitrator panel may consider only:
90+ (ii) a separate memorandum of the party’s last final offer presented 28
91+in negotiations on all items to which the parties have not previously agreed. 29
9492
95- (i) past collective bargaining contracts between the parties,
96-including the bargaining history that led to the agreement or the precollective bargaining
97-history of employee wages, hours, benefits, and other working conditions; WES MOORE, Governor Ch. 92
93+ (c) (1) On or before February 10, if the parties have not agreed on a contract, 30
94+the mediator–arbitrator panel shall hold a nonpublic hearing on the parties’ proposals at a 31
95+time, date, and place chosen by the mediator–arbitrator panel. 32
96+ HOUSE BILL 764 3
9897
99-– 3 –
10098
101- (ii) a comparison of wages, hours, benefits, and conditions of
102-employment of similar employees of other public employers in the Washington
103-Metropolitan Area and in the State;
99+ (2) Each party shall submit evidence or make oral and written argument 1
100+in support of the party’s last final offer. 2
104101
105- (iii) a comparison of wages, hours, benefits, and conditions of
106-employment of similar employees of private employers in Montgomery County;
102+ (3) The mediator–arbitrator panel may not open the hearing to a person 3
103+who is not a party to the mediation–arbitration. 4
107104
108- (iv) the public interest and welfare;
105+ (d) (1) On or before February 15, the mediator–arbitrator panel shall issue a 5
106+report choosing the final offer that the mediator–arbitrator panel determines to be more 6
107+reasonable when viewed as a whole. 7
109108
110- (v) the ability of the employer to finance any economic adjustments
111-required under the proposed agreement;
109+ (2) Subject to paragraph (3) of this subsection, in determining the more 8
110+reasonable offer, the mediator–arbitrator panel may consider only: 9
112111
113- (vi) the effects of any economic adjustments on the standard of public
114-services normally provided by the employer; and
112+ (i) past collective bargaining contracts between the parties, 10
113+including the bargaining history that led to the agreement or the precollective bargaining 11
114+history of employee wages, hours, benefits, and other working conditions; 12
115115
116- (vii) the annual increase or decrease in consumer prices for all items
117-as shown in the most recent Consumer Price Index – Wage Earners and Clerical Workers
118-(“CPI–W”) for the Washington Metropolitan Area.
116+ (ii) a comparison of wages, hours, benefits, and conditions of 13
117+employment of similar employees of other public employers in the Washington 14
118+Metropolitan Area and in the State; 15
119119
120- (3) In considering the terms and conditions of the final offer regarding
121-wages, the mediator–arbitrator panel shall first consider and give the highest priority to
122-the ability of the Montgomery Commission to pay for additional short–term and long–term
123-expenses by considering:
120+ (iii) a comparison of wages, hours, benefits, and conditions of 16
121+employment of similar employees of private employers in Montgomery County; 17
124122
125- (i) the limits on the ability of the Montgomery Commission to raise
126-revenue;
123+ (iv) the public interest and welfare; 18
127124
128- (ii) the added burden raising revenue would have on customers of
129-the Montgomery Commission; and
125+ (v) the ability of the employer to finance any economic adjustments 19
126+required under the proposed agreement; 20
130127
131- (iii) the ability of the Montgomery Commission to continue providing
132-the current level of service to its customers.
128+ (vi) the effects of any economic adjustments on the standard of public 21
129+services normally provided by the employer; and 22
133130
134- (4) In determining the more reasonable offer, the mediator–arbitrator
135-panel shall consider that all items on which the parties agreed before the
136-mediation–arbitration are integrated with each offer.
131+ (vii) the annual increase or decrease in consumer prices for all items 23
132+as shown in the most recent Consumer Price Index – Wage Earners and Clerical Workers 24
133+(“CPI–W”) for the Washington Metropolitan Area. 25
137134
138- (5) The mediator–arbitrator panel may not receive or consider the history
139-of collective bargaining relating to the immediate dispute, including any offers of
140-settlement not contained in the offer submitted to the mediator–arbitrator panel.
135+ (3) In considering the terms and conditions of the final offer regarding 26
136+wages, the mediator–arbitrator panel shall first consider and give the highest priority to 27
137+the ability of the Montgomery Commission to pay for additional short–term and long–term 28
138+expenses by considering: 29
141139
142- (e) The mediator–arbitrator panel may not compromise or alter the final offer
143-that the mediator–arbitrator panel chooses.
144- Ch. 92 2023 LAWS OF MARYLAND
140+ (i) the limits on the ability of the Montgomery Commission to raise 30
141+revenue; 31
145142
146-– 4 –
147- (f) (1) Subject to paragraphs (2) and (5) of this subsection and without
148-ratification by the parties, the offer that the mediator–arbitrator panel chooses as
149-integrated with the items on which the parties previously agreed is the final agreement
150-between the Montgomery Commission and the exclusive representative.
143+ (ii) the added burden raising revenue would have on customers of 32
144+the Montgomery Commission; and 33
145+ 4 HOUSE BILL 764
151146
152- (2) The economic provisions of the final agreement are subject to funding
153-by the Montgomery Commission.
154147
155- (3) Except as provided in paragraph (5) of this subsection, the Montgomery
156-Commission shall appropriate money in the Montgomery Commission’s final budget for all
157-economic provisions of the final agreement.
148+ (iii) the ability of the Montgomery Commission to continue providing 1
149+the current level of service to its customers. 2
158150
159- (4) The parties shall execute an agreement that incorporates the final
160-agreement, including arbitration awards and all issues agreed to under this section.
151+ (4) In determining the more reasonable offer, the mediator–arbitrator 3
152+panel shall consider that all items on which the parties agreed before the 4
153+mediation–arbitration are integrated with each offer. 5
161154
162- (5) (i) On or before April 1 or a later date determined by mutual
163-agreement of the parties due to extenuating circumstances, the Executive Director of the
164-Montgomery Commission shall submit to the Montgomery Commission any term or
165-condition of the final offer [regarding wages] that requires:
155+ (5) The mediator–arbitrator panel may not receive or consider the history 6
156+of collective bargaining relating to the immediate dispute, including any offers of 7
157+settlement not contained in the offer submitted to the mediator–arbitrator panel. 8
166158
167- 1. an appropriation of funds OR THAT MAY RESULT I N A
168-PRESENT OR FUTURE FI SCAL IMPACT ON THE MONTGOMERY COMMISSION OR ITS
169-CUSTOMERS ; or
159+ (e) The mediator–arbitrator panel may not compromise or alter the final offer 9
160+that the mediator–arbitrator panel chooses. 10
170161
171- [2. the adoption of a regulation that may result in a present
172-or future fiscal impact on the Montgomery Commission or its customers.]
162+ (f) (1) Subject to paragraphs (2) and (5) of this subsection and without 11
163+ratification by the parties, the offer that the mediator–arbitrator panel chooses as 12
164+integrated with the items on which the parties previously agreed is the final agreement 13
165+between the Montgomery Commission and the exclusive representative. 14
173166
174- 2. ACTION BY THE MONTGOMERY COMMISSION TO
175-IMPLEMENT THE COLLEC TIVE BARGAINING AGRE EMENT.
167+ (2) The economic provisions of the final agreement are subject to funding 15
168+by the Montgomery Commission. 16
176169
177- (ii) The Montgomery Commission may accept or reject all or part of
178-any term or condition that the Executive Director is required to submit under
179-subparagraph (i) of this paragraph.
170+ (3) Except as provided in paragraph (5) of this subsection, the Montgomery 17
171+Commission shall appropriate money in the Montgomery Commission’s final budget for all 18
172+economic provisions of the final agreement. 19
180173
181- (g) The Montgomery Commission and the employee organization shall share the
182-costs of the mediator–arbitrator panel’s services equally.
174+ (4) The parties shall execute an agreement that incorporates the final 20
175+agreement, including arbitration awards and all issues agreed to under this section. 21
183176
184-16–310.1.
177+ (5) (i) On or before April 1 or a later date determined by mutual 22
178+agreement of the parties due to extenuating circumstances, the Executive Director of the 23
179+Montgomery Commission shall submit to the Montgomery Commission any term or 24
180+condition of the final offer [regarding wages] that requires: 25
185181
186- (A) DURING THE TERM OF A COLLECTIVE BARGAINING AG REEMENT:
182+ 1. an appropriation of funds OR THAT MAY RESULT I N A 26
183+PRESENT OR FUTURE FI SCAL IMPACT ON THE MONTGOMERY COMMISSION OR ITS 27
184+CUSTOMERS ; or 28
187185
188- (1) EITHER PARTY MAY DEC LARE AN IMPASSE AND REQUEST THE
189-SERVICES OF A MEDIAT OR–ARBITRATOR; AND
190- WES MOORE, Governor Ch. 92
186+ [2. the adoption of a regulation that may result in a present 29
187+or future fiscal impact on the Montgomery Commission or its customers.] 30
191188
192-– 5 –
193- (2) THE PARTIES JOINTLY MAY REQUEST THE SERV ICES OF A
194-MEDIATOR–ARBITRATOR AT ANY TI ME WITHOUT DECLARING AN IMPASSE.
189+ 2. ACTION BY THE MONTGOMERY COMMISSION TO 31
190+IMPLEMENT THE COLLEC TIVE BARGAINING AGRE EMENT. 32
191+ HOUSE BILL 764 5
195192
196- (B) (1) IF THE SERVICES OF A MEDIATOR–ARBITRATOR ARE REQUE STED,
197-THE PARTIES JOINTLY SHALL APPOINT A MEDI ATOR–ARBITRATOR.
198193
199- (2) IF THE PARTIES ARE UN ABLE TO AGREE ON A J OINTLY APPOINTED
200-MEDIATOR–ARBITRATOR AS REQUIR ED UNDER § 16–311 OF THIS SUBTITLE , THE
201-LABOR REL ATIONS ADMINISTRATOR SHALL NAME THE JOINT LY APPOINTED
202-MEDIATOR–ARBITRATOR WITHIN 7 DAYS AFTER THE SERVI CES OF A
203-MEDIATOR–ARBITRATOR WERE REQU ESTED.
194+ (ii) The Montgomery Commission may accept or reject all or part of 1
195+any term or condition that the Executive Director is required to submit under 2
196+subparagraph (i) of this paragraph. 3
204197
205- (C) IF THE MEDIATOR –ARBITRATOR FINDS IN THE DISCRETION OF TH E
206-MEDIATOR–ARBITRATOR THAT THE PARTIES ARE IN A BON A FIDE IMPASSE , THE
207-MEDIATOR–ARBITRATOR SHALL REQ UIRE EACH PARTY TO S UBMIT A SEPARATE
208-MEMORANDUM OF THE PA RTY’S LAST FINAL OFFER P RESENTED IN NEGOTI ATIONS
209-ON ITEMS WITH REGARD TO WHICH THE PARTIES ARE IN DISPUTE.
198+ (g) The Montgomery Commission and the employee organization shall share the 4
199+costs of the mediator–arbitrator panel’s services equally. 5
210200
211- (D) (1) WITHIN 10 DAYS AFTER THE SUBMI SSION OF THE MEMORAN DUM
212-REQUIRED UNDER SUBSE CTION (C) OF THIS SECTION, THE MEDIATOR –ARBITRATOR
213-SHALL HOLD A NONPUBL IC HEARING ON THE PA RTIES’ OFFERS AT A TIME, DATE,
214-AND PLACE CHOSEN BY THE MEDIATOR –ARBITRATOR.
201+16–310.1. 6
215202
216- (2) EACH PARTY SHALL SUBM IT EVIDENCE OR MAKE ORAL AND
217-WRITTEN ARGUMENT IN SUPPORT OF THE PARTY ’S LAST FINAL OFFER .
203+ (A) DURING THE TERM OF A COLLECTIVE BARGAINING AGREEMENT : 7
218204
219- (3) THE MEDIATOR –ARBITRATOR MAY NOT O PEN THE HEARING TO A
220-PERSON WHO IS NOT A PARTY TO THE MEDIA TION–ARBITRATION.
205+ (1) EITHER PARTY MAY DEC LARE AN IMPASSE AND REQUEST THE 8
206+SERVICES OF A MEDIAT OR–ARBITRATOR; AND 9
221207
222- (E) (1) WITHIN 5 DAYS AFTER THE HEARI NG REQUIRED UNDER
223-SUBSECTION (D)(1) OF THIS SECTION, THE MEDIATOR –ARBITRATOR SHALL ISS UE A
224-REPORT CHOOSING THE FINAL OFFER THAT THE MEDIATOR–ARBITRATOR
225-DETERMINES TO BE MOR E REASONABLE WHEN VIEWED A S A WHOLE.
208+ (2) THE PARTIES JOINTLY MAY REQUEST THE SERV ICES OF A 10
209+MEDIATOR–ARBITRATOR AT ANY TI ME WITHOUT DECLARING AN IMPASSE. 11
226210
227- (2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , IN
228-DETERMINING THE MORE REASONABLE OFFER , THE MEDIATOR –ARBITRATOR MAY
229-CONSIDER ONLY :
211+ (B) (1) IF THE SERVICES OF A MEDIATOR–ARBITRATOR ARE REQUE STED, 12
212+THE PARTIES JOINTLY SHALL APPOINT A MEDI ATOR–ARBITRATOR. 13
230213
231- (I) PAST COLLECTIVE BARG AINING CONTRACTS BET WEEN THE
232-PARTIES, INCLUDING THE BARGAI NING HISTORY THAT LED TO THE AGREEMENT OR
233-THE PRECOLLECTIVE BA RGAINING HISTORY OF EMPLOYEE WAGES , HOURS,
234-BENEFITS, AND OTHER WORKING CO NDITIONS;
235- Ch. 92 2023 LAWS OF MARYLAND
214+ (2) IF THE PARTIES ARE UN ABLE TO AGREE ON A J OINTLY APPOINTED 14
215+MEDIATOR–ARBITRATOR AS REQUIR ED UNDER § 16–311 OF THIS SUBTITLE , THE 15
216+LABOR RELATIONS ADMINISTRA TOR SHALL NAME THE J OINTLY APPOINTED 16
217+MEDIATOR–ARBITRATOR WITHIN 7 DAYS AFTER THE SERVI CES OF A 17
218+MEDIATOR–ARBITRATOR WERE REQU ESTED. 18
236219
237-– 6 –
238- (II) A COMPARISON OF WAGE S, HOURS, BENEFITS, AND
239-CONDITIONS OF EMPLOY MENT OF SIMILAR EMPL OYEES OF OTHER PUBLI C
240-EMPLOYERS IN THE WASHINGTON METROPOLITAN AREA AND IN THE STATE;
220+ (C) IF THE MEDIATOR –ARBITRATOR FINDS IN THE DISCRETION OF TH E 19
221+MEDIATOR–ARBITRATOR THAT THE PARTIES ARE IN A BONA FIDE IMP ASSE, THE 20
222+MEDIATOR–ARBITRATOR SHALL REQ UIRE EACH PARTY TO S UBMIT A SEPARATE 21
223+MEMORANDUM OF THE PA RTY’S LAST FINAL OFFER P RESENTED IN NEGOTIAT IONS 22
224+ON ITEMS WITH REGARD TO WHICH THE PARTIES ARE IN DISPUTE. 23
241225
242- (III) A COMPARISON OF WAGE S, HOURS, BENEFITS, AND
243-CONDITIONS OF EMPLOY MENT OF SIMILAR EMPL OYEES OF PRIVATE EMP LOYERS IN
244-MONTGOMERY COUNTY;
226+ (D) (1) WITHIN 10 DAYS AFTER T HE SUBMISSION OF THE MEMORANDUM 24
227+REQUIRED UNDER SUBSE CTION (C) OF THIS SECTION, THE MEDIATOR –ARBITRATOR 25
228+SHALL HOLD A NONPUBL IC HEARING ON THE PA RTIES’ OFFERS AT A TIME , DATE, 26
229+AND PLACE CHOSEN BY THE MEDIATOR –ARBITRATOR. 27
245230
246- (IV) THE PUBLIC INTEREST AND WELFARE ;
231+ (2) EACH PARTY SHALL SUBM IT EVIDENCE OR MAKE ORAL AND 28
232+WRITTEN ARGUMENT IN SUPPORT OF THE PARTY ’S LAST FINAL OFFER . 29
247233
248- (V) THE ABILITY OF THE E MPLOYER TO FINANCE A NY
249-ECONOMIC ADJUSTMENTS REQUIRED UNDER THE P ROPOSED AGREEMENT ;
234+ (3) THE MEDIATOR –ARBITRATOR MAY NOT O PEN THE HEARING TO A 30
235+PERSON WHO IS NOT A PARTY TO THE MEDIATI ON–ARBITRATION. 31
250236
251- (VI) THE EFFECTS OF ANY E CONOMIC ADJUSTMENTS ON THE
252-STANDARD OF PUBLIC S ERVICES NORMALLY PRO VIDED BY THE EMPLOYE R; AND
237+ (E) (1) WITHIN 5 DAYS AFTER THE HEARI NG REQUIRED UNDER 32
238+SUBSECTION (D)(1) OF THIS SECTION, THE MEDIATOR –ARBITRATOR SHALL ISS UE A 33 6 HOUSE BILL 764
253239
254- (VII) THE ANNUAL INCREA SE OR DECREASE IN CO NSUMER
255-PRICES FOR ALL ITEMS AS SHOWN IN THE MOST RECENT
256-CONSUMER PRICE INDEX – WAGE EARNERS AND CLERICAL WORKERS (“CPI–W”)
257-FOR THE WASHINGTON METROPOLITAN AREA.
258240
259- (3) IN CONSIDERING THE TE RMS AND CONDITIONS O F THE FINAL
260-OFFER, THE MED IATOR–ARBITRATOR SHALL FIR ST CONSIDER AND GIVE THE
261-HIGHEST PRIORITY TO THE ABILITY OF THE MONTGOMERY COMMISSION TO PAY
262-FOR ADDITIONAL SHORT –TERM AND LONG –TERM EXPENSES BY CON SIDERING:
241+REPORT CHOOSING THE FINAL OFFER THAT THE MEDIATOR–ARBITRATOR 1
242+DETERMINES TO BE MOR E REASONABLE WHEN VI EWED AS A WHOLE . 2
263243
264- (I) THE LIMITS ON THE AB ILITY OF THE MONTGOMERY
265-COMMISSION TO RAISE REVENUE;
244+ (2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , IN 3
245+DETERMININ G THE MORE REASONABL E OFFER, THE MEDIATOR –ARBITRATOR MAY 4
246+CONSIDER ONLY : 5
266247
267- (II) THE ADDED BURDEN RAI SING REVENUE WOULD H AVE ON
268-CUSTOMERS OF THE MONTGOMERY COMMISSION; AND
248+ (I) PAST COLLECTIVE BARG AINING CONTRACTS BET WEEN THE 6
249+PARTIES, INCLUDING THE BARGAI NING HISTORY THAT LE D TO THE AGREEMENT O R 7
250+THE PRECOLLECTIVE BA RGAINING HISTORY OF EMPLOYEE WAGES , HOURS, 8
251+BENEFITS, AND OTHER WORKING CO NDITIONS; 9
269252
270- (III) THE ABILITY OF THE MONTGOMERY COMMISSION TO
271-CONTINUE PROVIDING T HE CURRENT LEVEL OF SERVICE TO ITS CUSTO MERS.
253+ (II) A COMPARISON OF WAGE S, HOURS, BENEFITS, AND 10
254+CONDITIONS OF EMPLOY MENT OF SIMILAR EMPL OYEES OF OTHER PUBLI C 11
255+EMPLOYERS IN THE WASHINGTON METROPOLITAN AREA AND IN THE STATE; 12
272256
273- (4) IN DETERMINING THE MORE REASONABLE OFFE R, THE
274-MEDIATOR–ARBITRATOR SHALL CON SIDER THAT ALL ITEMS ON WHICH THE PARTIES
275-AGREED BEFORE THE ME DIATION–ARBITRATION ARE INTE GRATED WITH EACH
276-OFFER.
257+ (III) A COMPARISON OF WAGE S, HOURS, BENEFITS, AND 13
258+CONDITIONS OF EMPLOY MENT OF SIMILAR EMPL OYEES OF PRIVATE EMP LOYERS IN 14
259+MONTGOMERY COUNTY; 15
277260
278- (5) THE MEDIATOR –ARBITRATOR MAY NOT R ECEIVE OR CONSIDER
279-THE HISTORY OF COLLE CTIVE BARGAINING RELATING T O THE IMMEDIATE DISP UTE, WES MOORE, Governor Ch. 92
261+ (IV) THE PUBLIC INTEREST AND WELFARE ; 16
280262
281-– 7 –
282-INCLUDING ANY OFFERS OF SETTLEMENT NOT CO NTAINED IN THE OFFER
283-SUBMITTED TO THE MED IATOR–ARBITRATOR.
263+ (V) THE ABILITY OF THE E MPLOYER TO FINANCE A NY 17
264+ECONOMIC ADJUSTMENTS REQUIRED UNDER THE P ROPOSED A GREEMENT; 18
284265
285- (F) THE MEDIATOR –ARBITRATOR MAY NOT C OMPROMISE OR ALTER T HE
286-FINAL OFFER THAT THE MEDIATOR–ARBITRATOR CHOOSES .
266+ (VI) THE EFFECTS OF ANY E CONOMIC ADJUSTMENTS ON THE 19
267+STANDARD OF PUBLIC S ERVICES NORMALLY PRO VIDED BY THE EMPLOYE R; AND 20
287268
288- (G) (1) SUBJECT TO PARAGRAPHS (2) AND (5) OF THIS SUBSECTION A ND
289-WITHOUT RATIFICATION BY THE PARTIES , THE OFFER THAT THE
290-MEDIATOR–ARBITRATOR CHOOSES A S INTEGRATED WITH TH E ITEMS ON WHICH THE
291-PARTIES PREVIOUSLY A GREED IS THE FINAL A GREEMENT BETWEEN THE
292-MONTGOMERY COMMISSION AND THE EX CLUSIVE REPRESENTATI VE.
269+ (VII) THE ANNUAL INCREASE OR DECREASE IN CONSU MER 21
270+PRICES FOR ALL ITEMS AS SHOWN IN THE MOST RECENT 22
271+CONSUMER PRICE INDEX – WAGE EARNERS AND CLERICAL WORKERS (“CPI–W”) 23
272+FOR THE WASHINGTON METROPOLITAN AREA. 24
293273
294- (2) THE ECONOMIC PROVISIO NS OF THE FINAL AGRE EMENT ARE
295-SUBJECT TO FUNDING B Y THE MONTGOMERY COMMISSION.
274+ (3) IN CONSIDERING THE TE RMS AND CONDITIONS O F THE FINAL 25
275+OFFER, THE MEDIATOR –ARBITRATOR SHALL FIR ST CONSIDER AND GIVE THE 26
276+HIGHEST PRIORITY TO THE ABILITY OF THE MONTGOMERY COMMISSION TO PAY 27
277+FOR ADDITIONAL SHORT –TERM AND LONG –TERM EXPENSES BY CON SIDERING: 28
296278
297- (3) EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS SUBSECTION ,
298-THE MONTGOMERY COMMISSION SHAL L APPROPRIATE MONEY IN THE
299-MONTGOMERY COMMISSION’S FINAL BUDGET FOR A LL ECONOMIC PROVISIO NS OF
300-THE FINAL AGREEMENT .
279+ (I) THE LIMITS ON THE AB ILITY OF THE MONTGOMERY 29
280+COMMISSION TO RAISE R EVENUE; 30
301281
302- (4) THE PARTIES SHALL EXE CUTE AN AGREEMENT TH AT
303-INCORPORATES THE FIN AL AGREEMENT , INCLUDING ARBITRATIO N AWARDS AND
304-ALL ISSUES AGREED TO UNDER THIS SECTION .
282+ (II) THE ADDED BURDEN RAI SING REVENUE WOULD H AVE ON 31
283+CUSTOMERS OF THE MONTGOMERY COMMISSION; AND 32
284+ HOUSE BILL 764 7
305285
306- (5) (I) ON OR BEFORE APRIL 1 OR WITHIN 45 DAYS AFTER THE
307-EXECUTION OF AN AGRE EMENT UNDER PARAGRAP H (4) OF THIS SUBSECTION O R ON
308-A LATER DATE DETERMI NED BY MUTUAL AGREEM ENT OF THE PARTIES D UE TO
309-EXTENUATING CIRCUMST ANCES, THE EXECUTIVE DIRECTOR OF THE MONTGOMERY
310-COMMISSION SHALL SUBM IT TO THE MONTGOMERY COMMISSION ANY TERM O R
311-CONDITION OF THE FIN AL OFFER REGARDING WAGES THAT REQUIRES :
312286
313- 1. AN APPROPRIATION OF FUNDS OR THAT MAY RESULT
314-IN A PRESENT OR FUTU RE FISCAL IMPACT ON THE MONTGOMERY COMMISSION OR
315-ITS CUSTOMERS ; OR
287+ (III) THE ABILITY OF THE MONTGOMERY COMMISSION TO 1
288+CONTINUE PROVIDING T HE CURRENT LEVEL OF SERVICE TO ITS CUSTO MERS. 2
316289
317- 2. THE ADOPTION OF A RE GULATION THAT MAY RE SULT
318-IN A PRESENT OR FUTU RE FISCAL IMPACT ON THE MONTGOMERY COMMISSION OR
319-ITS CUSTOMERS ACTION BY THE MONTGOMERY COMMISSION TO IMPLEME NT THE
320-COLLECTIVE BARGAININ G AGREEMENT .
290+ (4) IN DETERMINING THE MO RE REASONABLE OFFER , THE 3
291+MEDIATOR–ARBITRATOR SHALL CON SIDER THAT ALL ITEMS ON WHICH THE PARTIES 4
292+AGREED BEFORE THE ME DIATION–ARBITRATION ARE INTE GRATED WITH EACH 5
293+OFFER. 6
321294
322- (II) THE MONTGOMERY COMMISSION MAY ACCEPT OR REJECT
323-ALL OR PART OF ANY T ERM OR CONDITION THA T THE EXECUTIVE DIRECTOR IS
324-REQUIRED TO SUBMIT U NDER SUBPARAGRAPH (I) OF THIS PARAGRAPH .
325- Ch. 92 2023 LAWS OF MARYLAND
295+ (5) THE MEDIATOR –ARBITRATOR MAY NOT R ECEIVE OR CONSIDER 7
296+THE HISTORY OF COLLE CTIVE BARGAINING REL ATING TO THE IMMEDIA TE DISPUTE, 8
297+INCLUDING ANY OFFERS OF SETTLEMENT NOT CO NTAINED IN THE OFFER 9
298+SUBMITTED TO THE MED IATOR–ARBITRATOR. 10
326299
327-– 8 –
328- (H) THE MONTGOMERY COMMISSION AND THE EM PLOYEE ORGANIZATION
329-SHALL SHARE EQUALLY THE COSTS OF THE MED IATOR–ARBITRATOR’S SERVICES.
300+ (F) THE MEDIATOR –ARBITRATOR MAY NOT C OMPROMISE OR ALTER T HE 11
301+FINAL OFFER THAT THE MEDIATOR–ARBITRATOR CHOOSES . 12
330302
331- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
332-October 1, 2023.
303+ (G) (1) SUBJECT TO PARAGRAPHS (2) AND (5) OF THIS SUBSECTION A ND 13
304+WITHOUT RATIFICATION BY THE P ARTIES, THE OFFER THAT THE 14
305+MEDIATOR–ARBITRATOR CHOOSES A S INTEGRATED WITH TH E ITEMS ON WHICH THE 15
306+PARTIES PREVIOUSLY A GREED IS THE FINAL A GREEMENT BETWEEN THE 16
307+MONTGOMERY COMMISSION AND THE EX CLUSIVE REPRESENTATI VE. 17
333308
334-Approved by the Governor, April 11, 2023.
309+ (2) THE ECONOMIC PROVISIO NS OF THE FIN AL AGREEMENT ARE 18
310+SUBJECT TO FUNDING B Y THE MONTGOMERY COMMISSION. 19
311+
312+ (3) EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS SUBSECTION , 20
313+THE MONTGOMERY COMMISSION SHALL APPR OPRIATE MONEY IN THE 21
314+MONTGOMERY COMMISSION’S FINAL BUDGET FOR A LL ECONOMIC PROVISIO NS OF 22
315+THE FINAL AGREEMENT . 23
316+
317+ (4) THE PARTIES SHALL EXE CUTE AN AGREEMENT TH AT 24
318+INCORPORATES THE FIN AL AGREEMENT , INCLUDING ARBITRATIO N AWARDS AND 25
319+ALL ISSUES AGREED TO UNDER THIS SECTION . 26
320+
321+ (5) (I) ON OR BEFORE APRIL 1 OR WITHIN 45 DAYS AFTER THE 27
322+EXECUTION OF AN AG REEMENT UNDER PARAGR APH (4) OF THIS SUBSECTION O R ON 28
323+A LATER DATE DETERMI NED BY MUTUAL AGREEM ENT OF THE PARTIES D UE TO 29
324+EXTENUATING CIRCUMST ANCES, THE EXECUTIVE DIRECTOR OF THE MONTGOMERY 30
325+COMMISSION SHALL SUBM IT TO THE MONTGOMERY COMMISSION ANY TERM O R 31
326+CONDITION OF THE FINAL O FFER REGARDING WAGES THAT REQUIRES : 32
327+
328+ 1. AN APPROPRIATION OF FUNDS OR THAT MAY RESULT 33
329+IN A PRESENT OR FUTU RE FISCAL IMPACT ON THE MONTGOMERY COMMISSION OR 34
330+ITS CUSTOMERS ; OR 35 8 HOUSE BILL 764
331+
332+
333+
334+ 2. THE ADOPTION OF A RE GULATION THAT MAY RE SULT 1
335+IN A PRESENT OR FUTURE FI SCAL IMPACT ON THE MONTGOMERY COMMISSION OR 2
336+ITS CUSTOMERS ACTION BY THE MONTGOMERY COMMISSION TO IMPLEME NT THE 3
337+COLLECTIVE BARGAININ G AGREEMENT . 4
338+
339+ (II) THE MONTGOMERY COMMISSION MAY ACCEPT OR REJECT 5
340+ALL OR PART OF ANY T ERM OR CONDITION THAT THE EXECUTIVE DIRECTOR IS 6
341+REQUIRED TO SUBMIT U NDER SUBPARAGRAPH (I) OF THIS PARAGRAPH . 7
342+
343+ (H) THE MONTGOMERY COMMISSION AND THE EM PLOYEE ORGANIZATION 8
344+SHALL SHARE EQUALLY THE COSTS OF THE MED IATOR–ARBITRATOR’S SERVICES. 9
345+
346+ SECTION 2. AND BE IT FURTHER E NACTED, That this Act shall take effect 10
347+October 1, 2023. 11
348+
349+
350+
351+
352+Approved:
353+________________________________________________________________________________
354+ Governor.
355+________________________________________________________________________________
356+ Speaker of the House of Delegates.
357+________________________________________________________________________________
358+ President of the Senate.