EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0797*
HOUSE BILL 797
L2, L5 3lr0545
By: Montgomery County Delegation and Prince George’s County Delegation
Introduced and read first time: February 8, 2023
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
Maryland–National Capital Park and Planning Commission – Collective 2
Bargaining Agreement Implementation – Dispute Arbitration 3
MC/PG 103–23 4
FOR the purpose of authorizing the parties to a collective bargaining agreement for 5
employees of the Maryland–National Capital Park and Planning Commission to 6
request the services of a mediator–arbitrator during the term of a certain collective 7
bargaining 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 Maryland–National Capital Park and Planning Commission. 11
BY adding to 12
Article – Land Use 13
Section 16–210.1 14
Annotated Code of Maryland 15
(2012 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 – Land Use 19
16–210.1. 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 797
(2) THE PARTIES JOINTLY MAY REQUEST THE SERV ICES OF A 1
MEDIATOR–ARBITRATOR AT ANY TIME WITHOUT DECLARI NG AN IMPASSE. 2
(B) (1) IF THE SERVICES OF A ME DIATOR–ARBITRATOR HAVE BEEN 3
REQUESTED , THE PARTIES JOINTLY SHALL APPOINT A MEDI ATOR–ARBITRATOR. 4
(2) IF THE PARTIES ARE UN ABLE TO AGREE ON A 5
MEDIATOR–ARBITRATOR, THE LABOR RELATIONS ADMINISTRATOR SHALL APPOINT 6
THE MEDIATOR –ARBITRATOR WITHIN 7 DAYS AFTER THE SERVICES OF A 7
MEDIATOR–ARBITRATOR WERE REQUESTED. 8
(C) IF THE MEDIATOR –ARBITRATOR FINDS IN THE 9
MEDIATOR–ARBITRATOR’S SOLE DISCRETION TH AT THE PARTIES ARE AT A BONA 10
FIDE IMPASSE , THE MEDIATOR –ARBITRATOR SHALL DIR ECT EACH PARTY TO 11
SUBMIT A SEPARATE MEMORANDU M OF EACH PARTY ’S LAST FINAL OFFER O N ITEMS 12
WITH REGARD TO WHICH THE PARTIES ARE IN DISPUTE. 13
(D) (1) WITHIN 10 DAYS AFTER THE SUBMISSION OF THE MEMORAND A 14
UNDER SUBSECTION (C) OF THIS SECTION , THE MEDIATOR –ARBITRATOR SHALL 15
HOLD A CLOSED HEARIN G ON THE PARTIES ’ OFFERS AT A TIME, DATE, AND PLACE 16
SELECTED BY THE MEDI ATOR–ARBITRATOR. 17
(2) EACH PARTY SHALL SUBM IT EVIDENCE OR MAKE ORAL AND 18
WRITTEN ARGUMENTS IN SUPPORT OF THE PARTY ’S FINAL OFFER. 19
(3) THE MEDIATOR –ARBITRATOR MAY NOT O PEN THE HEARING TO A 20
PERSON THAT IS NOT A PARTY TO THE MEDIATI ON–ARBITRATION. 21
(E) (1) WITHIN 5 DAYS AFTER THE HEARING REQUIRED UNDER 22
SUBSECTION (D)(1) OF THIS SECTION, THE MEDIATOR –ARBITRATOR SHALL ISS UE A 23
REPORT SELECTING THE FINAL OFFER THAT THE MEDIATOR–ARBITRATOR 24
DETERMINES TO BE MOR E REASONABLE WHEN VI EWED AS A WHOLE . 25
(2) IN DETERMINING WHICH OFFER IS MORE REASON ABLE, THE 26
MEDIATOR–ARBITRATOR: 27
(I) MAY CONSIDER ONLY : 28
1. PAST COLLECTIVE BARG AINING AGREEMENTS 29
BETWEEN THE PARTIES , INCLUDING THE PAST B ARGAINING HISTORY TH AT LED TO 30
THE AGREEMENT OR THE PRECOLLECTIVE BARGAI NING HISTORY OF EMPL OYEE 31
WAGES, HOURS, BENEFITS, AND OTHER WORKING CONDITIONS; 32 HOUSE BILL 797 3
2. 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 METROPOLIT AN AREA AND THE STATE; 3
3. A COMPARISON OF WAGE S, HOURS, BENEFITS, AND 4
CONDITIONS OF EM PLOYMENT OF SIMILAR EMPLOYEES OF PRIVATE EMPLOYERS IN 5
MONTGOMERY COUNTY AND PRINCE GEORGE’S COUNTY; 6
4. THE PUBLIC INTEREST AND WELFARE ; 7
5. THE ABILITY OF THE COMMISSION TO FINANCE ANY 8
ECONOMIC ADJUSTMENTS REQUIRED UNDER THE P ROPOSED AGREEMENT ; 9
6. THE EFFECTS OF ANY E CONOMIC ADJUSTMENTS ON 10
THE STANDARD OF PUBL IC SERVICES NORMALLY PROVIDED BY THE COMMISSION; 11
AND 12
7. THE ANNUAL INCREASE OR DECREASE IN CONSU MER 13
PRICES FOR ALL ITEMS AS REFLECTED IN THE MOST RECENT CONSUMER PRICE 14
INDEX – URBAN WAGE EARNERS AND CLERICAL WORKERS (“CPI–W”) FOR THE 15
WASHINGTON METROPOLITAN AREA; AND 16
(II) SHALL CONSIDER ALL I TEMS ON WHICH THE PA RTIES 17
AGREED BEFORE THE ME DIATION–ARBITRATION BEGAN TO BE INTEGRATED INTO 18
EACH OFFER. 19
(3) (I) THE MEDIATOR –ARBITRATOR MAY NOT RECEIVE OR 20
CONSIDER THE HISTORY OF COLLECTIVE BARGAI NING RELATING TO THE 21
IMMEDIATE DISPUTE , INCLUDING ANY OFFERS OF SETTLEMENT NOT CO NTAINED IN 22
THE OFFER SUBMITTED TO THE MEDIATOR –ARBITRATOR. 23
(II) THE MEDIATOR –ARBITRATOR MAY NOT C OMPROMISE OR 24
ALTER THE FINAL OFFER THAT THE MEDIATOR –ARBITRATOR SELECTS . 25
(F) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 26
OFFER SELECTED BY TH E MEDIATOR –ARBITRATOR, AS INTEGRATED WITH T HE 27
GOVERNING COLLECTIVE BARGAINING AGREEMENT AT THE TIME OF THE DISPUTE, 28
SHALL BE THE FINAL A GREEMENT BETWEEN THE COMMISSION AND THE EX CLUSIVE 29
REPRESENTATIVE WITHO UT RATIFICATION BY T HE PARTIES. 30
(II) THE ECONOMIC PROVISIO NS OF THE FINAL AGRE EMENT 31
ARE SUBJECT TO FUNDI NG BY THE MONTGOMERY COUNTY COUNCIL AND THE 32 4 HOUSE BILL 797
PRINCE GEORGE’S COUNTY COUNCIL. 1
(III) THE COMMISSION SHALL REQU EST FUNDS IN THE 2
COMMISSION’S FINAL BUDGET FROM THE MONTGOMERY COUNTY COUNCIL AND 3
THE PRINCE GEORGE’S COUNTY COUNCIL FOR ALL ECONOMIC PRO VISIONS OF THE 4
FINAL AGREEMENT . 5
(2) THE PARTIES SHALL EXECUTE AN AGREEMENT INCORPORATING 6
THE FINAL AGREEMENT , INCLUDING ARBITRATIO N AWARDS AND ALL ISS UES 7
AGREED TO UNDER THIS SECTION. 8
(G) THE COMMISSION AND THE EM PLOYEE ORGANIZATION SHALL SHARE 9
EQUALLY THE COSTS OF THE MEDIATOR –ARBITRATOR’S SERVICES. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2023. 12