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.
*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
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 21, 2023
CHAPTER ______
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 altering the requirement that economic provisions of a certain final 5
collective bargaining agreement for employees of the Maryland–National Capital 6
Park and Planning Commission be subject to funding by the Montgomery County 7
Council and the Prince George’s County Council to instead require that certain terms 8
and conditions of the final agreement be subject to approval by the Montgomery 9
County Council and the Prince George’s County Council; authorizing the parties to 10
a collective bargaining agreement for employees of the Maryland–National Capital 11
Park and Planning Commission to request the services of a mediator–arbitrator 12
during the term of a certain collective bargaining agreement under certain 13
circumstances; establishing the process for mediation–arbitration; requiring the 14
parties to share equally the costs of the mediator–arbitrator’s services; and generally 15
relating to collective bargaining for employees of the Maryland–National Capital 16
Park and Planning Commission. 17
BY repealing and reenacting, with amendments, 18
Article – Land Use 19
Section 16–209 20
Annotated Code of Maryland 21
(2012 Volume and 2022 Supplement) 22
2 HOUSE BILL 797
BY adding to 1
Article – Land Use 2
Section 16–210.1 3
Annotated Code of Maryland 4
(2012 Volume and 2022 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Land Use 8
16–209. 9
(a) (1) If the parties have not reached an agreement on or before December 1 10
on a collective bargaining agreement that would become effective the following July 1, the 11
parties jointly shall appoint a mediator–arbitrator. 12
(2) If the parties are unable to agree on a mediator–arbitrator, the labor 13
relations administrator shall appoint the mediator–arbitrator on or before December 7. 14
(3) Notwithstanding appointment of the mediator–arbitrator, this section 15
does not require mediation–arbitration to begin before the date set forth in subsection (c) 16
of this section. 17
(b) During the course of the collective bargaining: 18
(1) either party may declare an impasse and request the services of the 19
mediator–arbitrator; or 20
(2) the parties jointly may request the services of a mediator–arbitrator 21
before an impasse is declared. 22
(c) If the mediator–arbitrator finds in the mediator–arbitrator’s sole discretion 23
that the parties are at a bona fide impasse or on February 1, whichever occurs earlier, the 24
mediator–arbitrator shall direct the parties to submit: 25
(1) a joint memorandum listing all items to which the parties previously 26
agreed; and 27
(2) a separate memorandum of each party’s last final offer presented in 28
negotiations on all items to which the parties previously did not agree. 29
(d) (1) On or before February 10, the mediator–arbitrator shall hold a closed 30
hearing on the parties’ proposals at a time, date, and place selected by the 31
mediator–arbitrator. 32
HOUSE BILL 797 3
(2) Each party shall submit evidence or make oral and written arguments 1
in support of the party’s last final offer. 2
(3) The mediator–arbitrator may not open the hearing to a person that is 3
not a party to the mediation–arbitration. 4
(e) (1) On or before February 15, the mediator–arbitrator shall issue a report 5
selecting the final offer submitted by the party that the mediator–arbitrator determines to 6
be more reasonable when viewed as a whole. 7
(2) In determining which offer is more reasonable, the 8
mediator–arbitrator: 9
(i) may consider only: 10
1. past collective bargaining agreements between the 11
parties, including the past bargaining history that led to the agreement or the precollective 12
bargaining history of employee wages, hours, benefits, and other working conditions; 13
2. a comparison of wages, hours, benefits, and conditions of 14
employment of similar employees of other public employers in the Washington 15
metropolitan area and the State; 16
3. a comparison of wages, hours, benefits, and conditions of 17
employment of similar employees of private employers in Montgomery County and Prince 18
George’s County; 19
4. the public interest and welfare; 20
5. the ability of the Commission to finance any economic 21
adjustments required under the proposed agreement; 22
6. the effects of any economic adjustments on the standard of 23
public services normally provided by the Commission; and 24
7. the annual increase or decrease in consumer prices for all 25
items as reflected in the most recent Consumer Price Index – Urban Wage Earners and 26
Clerical Workers (“CPI–W”) for the Washington Metropolitan Area; and 27
(ii) shall consider all items on which the parties agreed before the 28
mediation–arbitration began to be integrated into each offer. 29
(3) (i) The mediator–arbitrator may not receive or consider the history 30
of collective bargaining relating to the immediate dispute, including any offers of 31
settlement not contained in the offer submitted to the mediator–arbitrator. 32
4 HOUSE BILL 797
(ii) The mediator–arbitrator may not compromise or alter the final 1
offer that the mediator–arbitrator selects. 2
(f) (1) (i) Subject to subparagraph (ii) of this paragraph, the offer selected 3
by the mediator–arbitrator, as integrated with the items on which the parties previously 4
agreed, shall be the final agreement between the Commission and the exclusive 5
representative without ratification by the parties. 6
(ii) [The economic provisions] ANY TERMS OR CONDITIO NS of the 7
final agreement THAT REQUIRE AN APPR OPRIATION OF FUNDS O R THE ADOPTION OF 8
REGULATIONS OR THAT HAVE A PRESENT OR FU TURE FISCAL IMPACT are subject to 9
[funding] APPROVAL by the Montgomery County Council and Prince George’s County 10
Council. 11
(iii) The Commission shall request funds in the Commission’s final 12
budget from the county councils for all economic provisions of the final agreement. 13
(2) The parties shall execute an agreement incorporating the final 14
agreement, including arbitration awards and all issues agreed to under this subtitle. 15
(g) The Commission and the employee organization shall share equally the costs 16
of the mediator–arbitrator’s services. 17
16–210.1. 18
(A) DURING THE TERM OF A COLLECTIVE BARG AINING AGREEMENT : 19
(1) EITHER PARTY MAY DEC LARE AN IMPASSE AND REQUEST THE 20
SERVICES OF A MEDIAT OR–ARBITRATOR; AND 21
(2) THE PARTIES JOINTLY MAY REQUEST THE SERV ICES OF A 22
MEDIATOR–ARBITRATOR AT ANY TI ME WITHOUT DECLARING AN IMPASSE. 23
(B) (1) IF THE SERVICES OF A MEDIATOR–ARBITRATOR HAVE BEEN 24
REQUESTED , THE PARTIES JOINTLY SHALL APPOINT A MEDI ATOR–ARBITRATOR. 25
(2) IF THE PARTIES ARE UN ABLE TO AGREE ON A 26
MEDIATOR–ARBITRATOR, THE LABOR RELATIONS ADMINISTRATOR SHALL APPOINT 27
THE MEDIATOR –ARBITRATOR WITHIN 7 DAYS AFTER THE SERVI CES OF A 28
MEDIATOR–ARBITRATOR WERE REQU ESTED. 29
(C) IF THE MEDIATOR –ARBITRATOR FINDS IN THE 30
MEDIATOR–ARBITRATOR’S SOLE DISCRETION TH AT THE PARTIES ARE AT A BONA 31
FIDE IMPASSE , THE MEDIATOR –ARBITRATOR SHALL DIR ECT EACH PARTY TO 32 HOUSE BILL 797 5
SUBMIT A SEPARATE ME MORANDUM OF EACH PAR TY’S LAST FINAL OFFER O N ITEMS 1
WITH REGARD TO WHICH THE PARTIES ARE IN D ISPUTE. 2
(D) (1) WITHIN 10 DAYS AFTER THE SUBMI SSION OF THE MEMORANDA 3
UNDER SUBSECTION (C) OF THIS SECTION , THE MEDIATOR –ARBITRATOR SHALL 4
HOLD A CLOSED HEARIN G ON THE PARTIES ’ OFFERS AT A TIME , DATE, AND PLACE 5
SELECTED BY THE MEDI ATOR–ARBITRATOR. 6
(2) EACH PARTY SHALL SUBM IT EVIDENCE OR MAKE ORAL AND 7
WRITTEN ARGUMENTS IN S UPPORT OF THE PARTY ’S FINAL OFFER. 8
(3) THE MEDIATOR –ARBITRATOR MAY NOT O PEN THE HEARING TO A 9
PERSON THAT IS NOT A PARTY TO THE MEDIATI ON–ARBITRATION. 10
(E) (1) WITHIN 5 DAYS AFTER THE HEARI NG REQUIRED UNDER 11
SUBSECTION (D)(1) OF THIS SECTION, THE MEDIATOR –ARBITRATOR SHALL ISS UE A 12
REPORT SELECTING THE FINAL OFFER THAT THE MEDIATOR–ARBITRATOR 13
DETERMINES TO BE MOR E REASONABLE WHEN VI EWED AS A WHOLE . 14
(2) IN DETERMINING WHICH OFFER IS MORE REASON ABLE, THE 15
MEDIATOR–ARBITRATOR: 16
(I) MAY CONSIDER ONLY : 17
1. PAST COLLECTIVE BARG AINING AGREEMENTS 18
BETWEEN THE PARTIES , INCLUDING THE PAST B ARGAINING HISTORY TH AT LED TO 19
THE AGREEMENT OR THE PRECOLLECTIVE BARGAI NING HISTORY OF EMPL OYEE 20
WAGES, HOURS, BENEFITS, AND OTHER WORKING CO NDITIONS; 21
2. A COMPARISON OF WAGE S, HOURS, BENEFITS, AND 22
CONDITIONS OF EMPLOY MENT OF SIMILAR EMPL OYEES OF OTHER PUBLI C 23
EMPLOYERS IN THE WASHINGTON METROPOLIT AN AREA AND THE STATE; 24
3. A COMPARISON OF WAGE S, HOURS, BENEFITS, AND 25
CONDITIONS OF EMPLOY MENT OF SIMILAR EMPLOYEES OF PRI VATE EMPLOYERS IN 26
MONTGOMERY COUNTY AND PRINCE GEORGE’S COUNTY; 27
4. THE PUBLIC INTEREST AND WELFARE ; 28
5. THE ABILITY OF THE COMMISSION TO FINANCE ANY 29
ECONOMIC ADJUSTMENTS REQUIRED UNDER THE P ROPOSED AGREEMENT ; 30
6 HOUSE BILL 797
6. THE EFFECTS OF ANY ECONO MIC ADJUSTMENTS ON 1
THE STANDARD OF PUBL IC SERVICES NORMALLY PROVIDED BY THE COMMISSION; 2
AND 3
7. THE ANNUAL INCREASE OR DECREASE IN CONSU MER 4
PRICES FOR ALL ITEMS AS REFLECTED IN THE MOST RECENT CONSUMER PRICE 5
INDEX – URBAN WAGE EARNERS AND CLERICAL WORKERS (“CPI–W”) FOR THE 6
WASHINGTON METROPOLITAN AREA; AND 7
(II) SHALL CONSIDER ALL I TEMS ON WHICH THE PA RTIES 8
AGREED BEFORE THE ME DIATION–ARBITRATION BEGAN TO BE INTEGRATED INTO 9
EACH OFFER. 10
(3) (I) THE MEDIATOR –ARBITRATOR MAY NOT R ECEIVE OR 11
CONSIDER THE HISTORY OF COLLECTIVE BARGAI NING RELATING TO THE 12
IMMEDIATE DISPUTE , INCLUDING ANY OFFERS OF SETTLEMENT NOT CO NTAINED IN 13
THE OFFER SUBMITTED TO THE MEDIATOR –ARBITRATOR. 14
(II) THE MEDIATOR –ARBITRATOR MAY NOT C OMPROMISE OR 15
ALTER THE FINAL OFFER THAT THE MEDIATOR–ARBITRATOR SELECTS . 16
(F) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 17
OFFER SELECTED BY TH E MEDIATOR –ARBITRATOR, AS INTEGRATED WITH T HE 18
GOVERNING COLLECTIVE BARGAINING AGREEMENT AT THE TIME OF THE D ISPUTE, 19
SHALL BE THE FINAL AGREEME NT BETWEEN THE COMMISSION AND THE EX CLUSIVE 20
REPRESENTATIVE WITHO UT RATIFICATION BY T HE PARTIES. 21
(II) THE ECONOMIC PROVISIO NS ANY TERMS OR CONDITIO NS 22
OF THE FINAL AGREEME NT THAT REQUIRE AN APPR OPRIATION OF FUNDS O R THE 23
ADOPTION OF R EGULATIONS OR THAT H AVE A PRESENT OR FUT URE FISCAL IMPACT 24
ARE SUBJECT TO FUNDING APPROVAL BY THE MONTGOMERY COUNTY COUNCIL 25
AND THE PRINCE GEORGE’S COUNTY COUNCIL. 26
(III) THE COMMISSION SHALL REQU EST FUNDS IN THE 27
COMMISSION’S FINAL BUDGET FROM THE MONTGOMERY COUNTY COUNCIL AND 28
THE PRINCE GEORGE’S COUNTY COUNCIL FOR ALL ECONO MIC PROVISIONS OF TH E 29
FINAL AGREEMENT . 30
(2) THE PARTIES SHALL EXE CUTE AN AGREEMENT IN CORPORATING 31
THE FINAL AGREEMENT , INCLUDING ARBITRATIO N AWARDS AND ALL ISS UES 32
AGREED TO UNDER THIS SECTION. 33
(G) THE COMMISSION AND THE EM PLOYEE ORGANIZATION SHALL SHARE 34
EQUALLY THE COSTS OF THE MEDIATOR –ARBITRATOR’S SERVICES. 35 HOUSE BILL 797 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2023. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.