MD
Maryland House Bill HB797

Maryland 2023 Regular Session

Maryland House Bill HB797 Compare Versions

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1- WES MOORE, Governor Ch. 605
21
3-– 1 –
4-Chapter 605
5-(House Bill 797)
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+ *hb0797*
89
9-Maryland–National Capital Park and Planning Commission – Collective
10-Bargaining Agreement Implementation – Dispute Arbitration
10+HOUSE BILL 797
11+L2, L5 3lr0545
1112
12-MC/PG 103–23
13+By: Montgomery County Delegation and Prince George’s 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 21, 2023
1319
14-FOR the purpose of altering the requirement that economic provisions of a certain final
15-collective bargaining agreement for employees of the Maryland–National Capital
16-Park and Planning Commission be subject to funding by the Montgomery County
17-Council and the Prince George’s County Council to instead require that certain terms
18-and conditions of the final agreement be subject to approval by the Montgomery
19-County Council and the Prince George’s County Council; authorizing the parties to
20-a collective bargaining agreement for employees of the Maryland–National Capital
21-Park and Planning Commission to request the services of a mediator–arbitrator
22-during the term of a certain collective bargaining agreement under certain
23-circumstances; establishing the process for mediation–arbitration; requiring the
24-parties to share equally the costs of the mediator–arbitrator’s services; and generally
25-relating to collective bargaining for employees of the Maryland–National Capital
26-Park and Planning Commission.
20+CHAPTER ______
2721
28-BY repealing and reenacting, with amendments,
29- Article – Land Use
30- Section 16–209
31- Annotated Code of Maryland
32- (2012 Volume and 2022 Supplement)
22+AN ACT concerning 1
3323
34-BY adding to
35- Article – Land Use
36-Section 16–210.1
37- Annotated Code of Maryland
38- (2012 Volume and 2022 Supplement)
24+Maryland–National Capital Park and Planning Commission – Collective 2
25+Bargaining Agreement Implementation – Dispute Arbitration 3
3926
40- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
41-That the Laws of Maryland read as follows:
27+MC/PG 103–23 4
4228
43-Article – Land Use
29+FOR the purpose of altering the requirement that economic provisions of a certain final 5
30+collective bargaining agreement for employees of the Maryland–National Capital 6
31+Park and Planning Commission be subject to funding by the Montgomery County 7
32+Council and the Prince George’s County Council to instead require that certain terms 8
33+and conditions of the final agreement be subject to approval by the Montgomery 9
34+County Council and the Prince George’s County Council; authorizing the parties to 10
35+a collective bargaining agreement for employees of the Maryland–National Capital 11
36+Park and Planning Commission to request the services of a mediator–arbitrator 12
37+during the term of a certain collective bargaining agreement under certain 13
38+circumstances; establishing the process for mediation–arbitration; requiring the 14
39+parties to share equally the costs of the mediator–arbitrator’s services; and generally 15
40+relating to collective bargaining for employees of the Maryland–National Capital 16
41+Park and Planning Commission. 17
4442
45-16–209.
43+BY repealing and reenacting, with amendments, 18
44+ Article – Land Use 19
45+ Section 16–209 20
46+ Annotated Code of Maryland 21
47+ (2012 Volume and 2022 Supplement) 22
48+ 2 HOUSE BILL 797
4649
47- (a) (1) If the parties have not reached an agreement on or before December 1
48-on a collective bargaining agreement that would become effective the following July 1, the
49-parties jointly shall appoint a mediator–arbitrator. Ch. 605 2023 LAWS OF MARYLAND
5050
51-– 2 –
51+BY adding to 1
52+ Article – Land Use 2
53+Section 16–210.1 3
54+ Annotated Code of Maryland 4
55+ (2012 Volume and 2022 Supplement) 5
5256
53- (2) If the parties are unable to agree on a mediator–arbitrator, the labor
54-relations administrator shall appoint the mediator–arbitrator on or before December 7.
57+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
58+That the Laws of Maryland read as follows: 7
5559
56- (3) Notwithstanding appointment of the mediator–arbitrator, this section
57-does not require mediation–arbitration to begin before the date set forth in subsection (c)
58-of this section.
60+Article – Land Use 8
5961
60- (b) During the course of the collective bargaining:
62+16–209. 9
6163
62- (1) either party may declare an impasse and request the services of the
63-mediator–arbitrator; or
64+ (a) (1) If the parties have not reached an agreement on or before December 1 10
65+on a collective bargaining agreement that would become effective the following July 1, the 11
66+parties jointly shall appoint a mediator–arbitrator. 12
6467
65- (2) the parties jointly may request the services of a mediator–arbitrator
66-before an impasse is declared.
68+ (2) If the parties are unable to agree on a mediator–arbitrator, the labor 13
69+relations administrator shall appoint the mediator–arbitrator on or before December 7. 14
6770
68- (c) If the mediator–arbitrator finds in the mediator–arbitrator’s sole discretion
69-that the parties are at a bona fide impasse or on February 1, whichever occurs earlier, the
70-mediator–arbitrator shall direct the parties to submit:
71+ (3) Notwithstanding appointment of the mediator–arbitrator, this section 15
72+does not require mediation–arbitration to begin before the date set forth in subsection (c) 16
73+of this section. 17
7174
72- (1) a joint memorandum listing all items to which the parties previously
73-agreed; and
75+ (b) During the course of the collective bargaining: 18
7476
75- (2) a separate memorandum of each party’s last final offer presented in
76-negotiations on all items to which the parties previously did not agree.
77+ (1) either party may declare an impasse and request the services of the 19
78+mediator–arbitrator; or 20
7779
78- (d) (1) On or before February 10, the mediator–arbitrator shall hold a closed
79-hearing on the parties’ proposals at a time, date, and place selected by the
80-mediator–arbitrator.
80+ (2) the parties jointly may request the services of a mediator–arbitrator 21
81+before an impasse is declared. 22
8182
82- (2) Each party shall submit evidence or make oral and written arguments
83-in support of the party’s last final offer.
83+ (c) If the mediator–arbitrator finds in the mediator–arbitrator’s sole discretion 23
84+that the parties are at a bona fide impasse or on February 1, whichever occurs earlier, the 24
85+mediator–arbitrator shall direct the parties to submit: 25
8486
85- (3) The mediator–arbitrator may not open the hearing to a person that is
86-not a party to the mediation–arbitration.
87+ (1) a joint memorandum listing all items to which the parties previously 26
88+agreed; and 27
8789
88- (e) (1) On or before February 15, the mediator–arbitrator shall issue a report
89-selecting the final offer submitted by the party that the mediator–arbitrator determines to
90-be more reasonable when viewed as a whole.
90+ (2) a separate memorandum of each party’s last final offer presented in 28
91+negotiations on all items to which the parties previously did not agree. 29
9192
92- (2) In determining which offer is more reasonable, the
93-mediator–arbitrator:
93+ (d) (1) On or before February 10, the mediator–arbitrator shall hold a closed 30
94+hearing on the parties’ proposals at a time, date, and place selected by the 31
95+mediator–arbitrator. 32
96+ HOUSE BILL 797 3
9497
95- (i) may consider only:
96- WES MOORE, Governor Ch. 605
9798
98-– 3 –
99- 1. past collective bargaining agreements between the
100-parties, including the past bargaining history that led to the agreement or the precollective
101-bargaining history of employee wages, hours, benefits, and other working conditions;
99+ (2) Each party shall submit evidence or make oral and written arguments 1
100+in support of the party’s last final offer. 2
102101
103- 2. a comparison of wages, hours, benefits, and conditions of
104-employment of similar employees of other public employers in the Wa shington
105-metropolitan area and the State;
102+ (3) The mediator–arbitrator may not open the hearing to a person that is 3
103+not a party to the mediation–arbitration. 4
106104
107- 3. a comparison of wages, hours, benefits, and conditions of
108-employment of similar employees of private employers in Montgomery County and Prince
109-George’s County;
105+ (e) (1) On or before February 15, the mediator–arbitrator shall issue a report 5
106+selecting the final offer submitted by the party that the mediator–arbitrator determines to 6
107+be more reasonable when viewed as a whole. 7
110108
111- 4. the public interest and welfare;
109+ (2) In determining which offer is more reasonable, the 8
110+mediator–arbitrator: 9
112111
113- 5. the ability of the Commission to finance any economic
114-adjustments required under the proposed agreement;
112+ (i) may consider only: 10
115113
116- 6. the effects of any economic adjustments on the standard of
117-public services normally provided by the Commission; and
114+ 1. past collective bargaining agreements between the 11
115+parties, including the past bargaining history that led to the agreement or the precollective 12
116+bargaining history of employee wages, hours, benefits, and other working conditions; 13
118117
119- 7. the annual increase or decrease in consumer prices for all
120-items as reflected in the most recent Consumer Price Index – Urban Wage Earners and
121-Clerical Workers (“CPI–W”) for the Washington Metropolitan Area; and
118+ 2. a comparison of wages, hours, benefits, and conditions of 14
119+employment of similar employees of other public employers in the Washington 15
120+metropolitan area and the State; 16
122121
123- (ii) shall consider all items on which the parties agreed before the
124-mediation–arbitration began to be integrated into each offer.
122+ 3. a comparison of wages, hours, benefits, and conditions of 17
123+employment of similar employees of private employers in Montgomery County and Prince 18
124+George’s County; 19
125125
126- (3) (i) The mediator–arbitrator may not receive or consider the history
127-of collective bargaining relating to the immediate dispute, including any offers of
128-settlement not contained in the offer submitted to the mediator–arbitrator.
126+ 4. the public interest and welfare; 20
129127
130- (ii) The mediator–arbitrator may not compromise or alter the final
131-offer that the mediator–arbitrator selects.
128+ 5. the ability of the Commission to finance any economic 21
129+adjustments required under the proposed agreement; 22
132130
133- (f) (1) (i) Subject to subparagraph (ii) of this paragraph, the offer selected
134-by the mediator–arbitrator, as integrated with the items on which the parties previously
135-agreed, shall be the final agreement between the Commission and the exclusive
136-representative without ratification by the parties.
131+ 6. the effects of any economic adjustments on the standard of 23
132+public services normally provided by the Commission; and 24
137133
138- (ii) [The economic provisions] ANY TERMS OR CONDITIONS of the
139-final agreement THAT REQUIRE AN APPR OPRIATION OF FUNDS O R THE ADOPTION OF
140-REGULATIONS OR THAT HAVE A PRESENT OR FU TURE FISCAL IMPACT are subject to
141-[funding] APPROVAL by the Montgomery County Council and Prince George’s County
142-Council.
143- Ch. 605 2023 LAWS OF MARYLAND
134+ 7. the annual increase or decrease in consumer prices for all 25
135+items as reflected in the most recent Consumer Price Index – Urban Wage Earners and 26
136+Clerical Workers (“CPI–W”) for the Washington Metropolitan Area; and 27
144137
145-– 4 –
146- (iii) The Commission shall request funds in the Commission’s final
147-budget from the county councils for all economic provisions of the final agreement.
138+ (ii) shall consider all items on which the parties agreed before the 28
139+mediation–arbitration began to be integrated into each offer. 29
148140
149- (2) The parties shall execute an agreement incorporating the final
150-agreement, including arbitration awards and all issues agreed to under this subtitle.
141+ (3) (i) The mediator–arbitrator may not receive or consider the history 30
142+of collective bargaining relating to the immediate dispute, including any offers of 31
143+settlement not contained in the offer submitted to the mediator–arbitrator. 32
144+ 4 HOUSE BILL 797
151145
152- (g) The Commission and the employee organization shall share equally the costs
153-of the mediator–arbitrator’s services.
154146
155-16–210.1.
147+ (ii) The mediator–arbitrator may not compromise or alter the final 1
148+offer that the mediator–arbitrator selects. 2
156149
157- (A) DURING THE TERM OF A COLLECTIVE BARGAININ G AGREEMENT :
150+ (f) (1) (i) Subject to subparagraph (ii) of this paragraph, the offer selected 3
151+by the mediator–arbitrator, as integrated with the items on which the parties previously 4
152+agreed, shall be the final agreement between the Commission and the exclusive 5
153+representative without ratification by the parties. 6
158154
159- (1) EITHER PARTY MAY DEC LARE AN IMPASSE AND REQUEST THE
160-SERVICES OF A MEDIAT OR–ARBITRATOR; AND
155+ (ii) [The economic provisions] ANY TERMS OR CONDITIO NS of the 7
156+final agreement THAT REQUIRE AN APPR OPRIATION OF FUNDS O R THE ADOPTION OF 8
157+REGULATIONS OR THAT HAVE A PRESENT OR FU TURE FISCAL IMPACT are subject to 9
158+[funding] APPROVAL by the Montgomery County Council and Prince George’s County 10
159+Council. 11
161160
162- (2) THE PARTIES JOINTLY MAY REQUEST THE SERV ICES OF A
163-MEDIATOR–ARBITRATOR AT ANY TI ME WITHOUT DECLARING AN IMPASSE.
161+ (iii) The Commission shall request funds in the Commission’s final 12
162+budget from the county councils for all economic provisions of the final agreement. 13
164163
165- (B) (1) IF THE SERVICES OF A MEDIATOR–ARBITRATOR HAVE BEEN
166-REQUESTED , THE PARTIES JOINTLY SHALL APPOINT A MEDI ATOR–ARBITRATOR.
164+ (2) The parties shall execute an agreement incorporating the final 14
165+agreement, including arbitration awards and all issues agreed to under this subtitle. 15
167166
168- (2) IF THE PARTIES ARE UN ABLE TO AGREE ON A
169-MEDIATOR–ARBITRATOR, THE LABOR RELATIONS ADMINISTRATOR SHALL APPOINT
170-THE MEDIATOR –ARBITRATOR WITHIN 7 DAYS AFTER THE SE RVICES OF A
171-MEDIATOR–ARBITRATOR WERE REQU ESTED.
167+ (g) The Commission and the employee organization shall share equally the costs 16
168+of the mediator–arbitrator’s services. 17
172169
173- (C) IF THE MEDIATOR –ARBITRATOR FINDS IN THE
174-MEDIATOR–ARBITRATOR’S SOLE DISCRETION TH AT THE PARTIES ARE A T A BONA
175-FIDE IMPASSE , THE MEDIATOR –ARBITRATOR SHALL DIR ECT EACH PARTY TO
176-SUBMIT A SEPARATE ME MORAND UM OF EACH PARTY ’S LAST FINAL OFFER O N ITEMS
177-WITH REGARD TO WHICH THE PARTIES ARE IN D ISPUTE.
170+16–210.1. 18
178171
179- (D) (1) WITHIN 10 DAYS AFTER THE SUBMI SSION OF THE MEMORAN DA
180-UNDER SUBSECTION (C) OF THIS SECTION , THE MEDIATOR –ARBITRATOR SHALL
181-HOLD A CLOSED HEARIN G ON THE PARTIES’ OFFERS AT A TIME , DATE, AND PLACE
182-SELECTED BY THE MEDI ATOR–ARBITRATOR.
172+ (A) DURING THE TERM OF A COLLECTIVE BARG AINING AGREEMENT : 19
183173
184- (2) EACH PARTY SHALL SUBM IT EVIDENCE OR MAKE ORAL AND
185-WRITTEN ARGUMENTS IN SUPPORT OF THE PARTY ’S FINAL OFFER.
174+ (1) EITHER PARTY MAY DEC LARE AN IMPASSE AND REQUEST THE 20
175+SERVICES OF A MEDIAT OR–ARBITRATOR; AND 21
186176
187- (3) THE MEDIATOR –ARBITRATOR MAY NOT O PEN THE HEARING TO A
188-PERSON THAT IS NOT A PA RTY TO THE MEDIATION –ARBITRATION.
189- WES MOORE, Governor Ch. 605
177+ (2) THE PARTIES JOINTLY MAY REQUEST THE SERV ICES OF A 22
178+MEDIATOR–ARBITRATOR AT ANY TI ME WITHOUT DECLARING AN IMPASSE. 23
190179
191-– 5 –
192- (E) (1) WITHIN 5 DAYS AFTER THE HEARI NG REQUIRED UNDER
193-SUBSECTION (D)(1) OF THIS SECTION, THE MEDIATOR –ARBITRATOR SHALL ISS UE A
194-REPORT SELECTING THE FINAL OFFER THAT THE MEDIATOR–ARBITRATOR
195-DETERMINES TO BE MORE REASONABL E WHEN VIEWED AS A W HOLE.
180+ (B) (1) IF THE SERVICES OF A MEDIATOR–ARBITRATOR HAVE BEEN 24
181+REQUESTED , THE PARTIES JOINTLY SHALL APPOINT A MEDI ATOR–ARBITRATOR. 25
196182
197- (2) IN DETERMINING WHICH OFFER IS MORE REASON ABLE, THE
198-MEDIATOR–ARBITRATOR:
183+ (2) IF THE PARTIES ARE UN ABLE TO AGREE ON A 26
184+MEDIATOR–ARBITRATOR, THE LABOR RELATIONS ADMINISTRATOR SHALL APPOINT 27
185+THE MEDIATOR –ARBITRATOR WITHIN 7 DAYS AFTER THE SERVI CES OF A 28
186+MEDIATOR–ARBITRATOR WERE REQU ESTED. 29
199187
200- (I) MAY CONSIDER ONLY :
188+ (C) IF THE MEDIATOR –ARBITRATOR FINDS IN THE 30
189+MEDIATOR–ARBITRATOR’S SOLE DISCRETION TH AT THE PARTIES ARE AT A BONA 31
190+FIDE IMPASSE , THE MEDIATOR –ARBITRATOR SHALL DIR ECT EACH PARTY TO 32 HOUSE BILL 797 5
201191
202- 1. PAST COLLECTIVE BARG AINING AGREEMENTS
203-BETWEEN THE PARTIES , INCLUDING THE PAST B ARGAINING HISTOR Y THAT LED TO
204-THE AGREEMENT OR THE PRECOLLECTIVE BARGAI NING HISTORY OF EMPL OYEE
205-WAGES, HOURS, BENEFITS, AND OTHER WORKING CO NDITIONS;
206192
207- 2. A COMPARISON OF WAGE S, HOURS, BENEFITS, AND
208-CONDITIONS OF EMPLOY MENT OF SIMILAR EMPL OYEES OF OTHER PUBLI C
209-EMPLOYERS IN THE WASHINGTON METROPOLIT AN AREA AND THE STATE;
193+SUBMIT A SEPARATE ME MORANDUM OF EACH PAR TY’S LAST FINAL OFFER O N ITEMS 1
194+WITH REGARD TO WHICH THE PARTIES ARE IN D ISPUTE. 2
210195
211- 3. A COMPARISON OF WAGE S, HOURS, BENEFITS, AND
212-CONDITIONS OF EMPLOY MENT OF SIMILAR EMPL OYEES OF PRIVATE EMP LOYERS IN
213-MONTGOMERY COUNTY AND PRINCE GEORGE’S COUNTY;
196+ (D) (1) WITHIN 10 DAYS AFTER THE SUBMI SSION OF THE MEMORANDA 3
197+UNDER SUBSECTION (C) OF THIS SECTION , THE MEDIATOR –ARBITRATOR SHALL 4
198+HOLD A CLOSED HEARIN G ON THE PARTIES ’ OFFERS AT A TIME , DATE, AND PLACE 5
199+SELECTED BY THE MEDI ATOR–ARBITRATOR. 6
214200
215- 4. THE PUBLIC INTEREST AND WELFARE ;
201+ (2) EACH PARTY SHALL SUBM IT EVIDENCE OR MAKE ORAL AND 7
202+WRITTEN ARGUMENTS IN S UPPORT OF THE PARTY ’S FINAL OFFER. 8
216203
217- 5. THE ABILITY OF THE COMMISSION TO FINANCE ANY
218-ECONOMIC ADJUSTMENTS REQUIRED UNDER THE P ROPOSED AGREEMENT ;
204+ (3) THE MEDIATOR –ARBITRATOR MAY NOT O PEN THE HEARING TO A 9
205+PERSON THAT IS NOT A PARTY TO THE MEDIATI ON–ARBITRATION. 10
219206
220- 6. THE EFFECTS OF ANY E CONOMIC ADJUSTMENTS ON
221-THE STANDARD OF PUBL IC SERVICES NORMALLY PROVIDED BY THE COMMISSION;
222-AND
207+ (E) (1) WITHIN 5 DAYS AFTER THE HEARI NG REQUIRED UNDER 11
208+SUBSECTION (D)(1) OF THIS SECTION, THE MEDIATOR –ARBITRATOR SHALL ISS UE A 12
209+REPORT SELECTING THE FINAL OFFER THAT THE MEDIATOR–ARBITRATOR 13
210+DETERMINES TO BE MOR E REASONABLE WHEN VI EWED AS A WHOLE . 14
223211
224- 7. THE ANNUAL INCREASE OR DECREASE IN CONSU MER
225-PRICES FOR ALL ITEMS AS REFLECTED IN THE MOST RECENT CONSUMER PRICE
226-INDEX – URBAN WAGE EARNERS AND CLERICAL WORKERS (“CPI–W”) FOR THE
227-WASHINGTON METROPOLITAN AREA; AND
212+ (2) IN DETERMINING WHICH OFFER IS MORE REASON ABLE, THE 15
213+MEDIATOR–ARBITRATOR: 16
228214
229- (II) SHALL CONSIDER ALL I TEMS ON WHIC H THE PARTIES
230-AGREED BEFORE THE ME DIATION–ARBITRATION BEGAN TO BE INTEGRATED INTO
231-EACH OFFER.
215+ (I) MAY CONSIDER ONLY : 17
232216
233- (3) (I) THE MEDIATOR –ARBITRATOR MAY NOT R ECEIVE OR
234-CONSIDER THE HISTORY OF COLLECTIVE BARGAI NING RELATING TO THE Ch. 605 2023 LAWS OF MARYLAND
217+ 1. PAST COLLECTIVE BARG AINING AGREEMENTS 18
218+BETWEEN THE PARTIES , INCLUDING THE PAST B ARGAINING HISTORY TH AT LED TO 19
219+THE AGREEMENT OR THE PRECOLLECTIVE BARGAI NING HISTORY OF EMPL OYEE 20
220+WAGES, HOURS, BENEFITS, AND OTHER WORKING CO NDITIONS; 21
235221
236-– 6 –
237-IMMEDIATE DISPUTE , INCLUDING ANY OFFERS OF SETTLEMENT NOT CONTAINE D IN
238-THE OFFER SUBMITTED TO THE MEDIATOR –ARBITRATOR.
222+ 2. A COMPARISON OF WAGE S, HOURS, BENEFITS, AND 22
223+CONDITIONS OF EMPLOY MENT OF SIMILAR EMPL OYEES OF OTHER PUBLI C 23
224+EMPLOYERS IN THE WASHINGTON METROPOLIT AN AREA AND THE STATE; 24
239225
240- (II) THE MEDIATOR –ARBITRATOR MAY NOT C OMPROMISE OR
241-ALTER THE FINAL OFFE R THAT THE MEDIATOR –ARBITRATOR SELECTS .
226+ 3. A COMPARISON OF WAGE S, HOURS, BENEFITS, AND 25
227+CONDITIONS OF EMPLOY MENT OF SIMILAR EMPLOYEES OF PRI VATE EMPLOYERS IN 26
228+MONTGOMERY COUNTY AND PRINCE GEORGE’S COUNTY; 27
242229
243- (F) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE
244-OFFER SELECTED BY THE MEDIATOR–ARBITRATOR, AS INTEGRATED WITH T HE
245-GOVERNING COLLECTIVE BARGAINING AGREEMENT AT THE TIME OF THE D ISPUTE,
246-SHALL BE THE FINAL A GREEMENT BETWEEN THE COMMISSION AND THE EX CLUSIVE
247-REPRESENTATIVE WITHO UT RATIFICATION BY T HE PARTIES.
230+ 4. THE PUBLIC INTEREST AND WELFARE ; 28
248231
249- (II) THE ECONOMIC PROVISIO NS ANY TERMS OR CONDITIO NS
250-OF THE FINAL AGREEME NT THAT REQUIRE AN APPR OPRIATION OF FUNDS O R THE
251-ADOPTION OF REGULATI ONS OR THAT HAVE A P RESENT OR FUTURE FIS CAL IMPACT
252-ARE SUBJECT TO FUNDING APPROVAL BY THE MONTGOMERY COUNTY COUNCIL
253-AND THE PRINCE GEORGE’S COUNTY COUNCIL.
232+ 5. THE ABILITY OF THE COMMISSION TO FINANCE ANY 29
233+ECONOMIC ADJUSTMENTS REQUIRED UNDER THE P ROPOSED AGREEMENT ; 30
234+ 6 HOUSE BILL 797
254235
255- (III) THE COMMISSION SHALL REQU EST FUNDS IN THE
256-COMMISSION’S FINAL BUDGET FROM THE MONTGOMERY COUNTY COUNCIL AND
257-THE PRINCE GEORGE’S COUNTY COUNCIL FOR ALL ECONO MIC PROVISIONS OF TH E
258-FINAL AGREEMENT .
259236
260- (2) THE PARTIES SHALL EXE CUTE AN AGREEMENT IN CORPORATING
261-THE FINAL AGREEMENT , INCLUDING ARBITRATIO N AWARDS AND ALL ISS UES
262-AGREED TO UNDER THIS SECTION.
237+ 6. THE EFFECTS OF ANY ECONO MIC ADJUSTMENTS ON 1
238+THE STANDARD OF PUBL IC SERVICES NORMALLY PROVIDED BY THE COMMISSION; 2
239+AND 3
263240
264- (G) THE COMMISSION AND THE EM PLOYEE ORGANIZATION SHALL SHARE
265-EQUALLY THE COSTS OF THE MEDIATOR–ARBITRATOR’S SERVICES.
241+ 7. THE ANNUAL INCREASE OR DECREASE IN CONSU MER 4
242+PRICES FOR ALL ITEMS AS REFLECTED IN THE MOST RECENT CONSUMER PRICE 5
243+INDEX – URBAN WAGE EARNERS AND CLERICAL WORKERS (“CPI–W”) FOR THE 6
244+WASHINGTON METROPOLITAN AREA; AND 7
266245
267- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
268-October 1, 2023.
246+ (II) SHALL CONSIDER ALL I TEMS ON WHICH THE PA RTIES 8
247+AGREED BEFORE THE ME DIATION–ARBITRATION BEGAN TO BE INTEGRATED INTO 9
248+EACH OFFER. 10
269249
270-Approved by the Governor, May 8, 2023.
250+ (3) (I) THE MEDIATOR –ARBITRATOR MAY NOT R ECEIVE OR 11
251+CONSIDER THE HISTORY OF COLLECTIVE BARGAI NING RELATING TO THE 12
252+IMMEDIATE DISPUTE , INCLUDING ANY OFFERS OF SETTLEMENT NOT CO NTAINED IN 13
253+THE OFFER SUBMITTED TO THE MEDIATOR –ARBITRATOR. 14
254+
255+ (II) THE MEDIATOR –ARBITRATOR MAY NOT C OMPROMISE OR 15
256+ALTER THE FINAL OFFER THAT THE MEDIATOR–ARBITRATOR SELECTS . 16
257+
258+ (F) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 17
259+OFFER SELECTED BY TH E MEDIATOR –ARBITRATOR, AS INTEGRATED WITH T HE 18
260+GOVERNING COLLECTIVE BARGAINING AGREEMENT AT THE TIME OF THE D ISPUTE, 19
261+SHALL BE THE FINAL AGREEME NT BETWEEN THE COMMISSION AND THE EX CLUSIVE 20
262+REPRESENTATIVE WITHO UT RATIFICATION BY T HE PARTIES. 21
263+
264+ (II) THE ECONOMIC PROVISIO NS ANY TERMS OR CONDITIO NS 22
265+OF THE FINAL AGREEME NT THAT REQUIRE AN APPR OPRIATION OF FUNDS O R THE 23
266+ADOPTION OF R EGULATIONS OR THAT H AVE A PRESENT OR FUT URE FISCAL IMPACT 24
267+ARE SUBJECT TO FUNDING APPROVAL BY THE MONTGOMERY COUNTY COUNCIL 25
268+AND THE PRINCE GEORGE’S COUNTY COUNCIL. 26
269+
270+ (III) THE COMMISSION SHALL REQU EST FUNDS IN THE 27
271+COMMISSION’S FINAL BUDGET FROM THE MONTGOMERY COUNTY COUNCIL AND 28
272+THE PRINCE GEORGE’S COUNTY COUNCIL FOR ALL ECONO MIC PROVISIONS OF TH E 29
273+FINAL AGREEMENT . 30
274+
275+ (2) THE PARTIES SHALL EXE CUTE AN AGREEMENT IN CORPORATING 31
276+THE FINAL AGREEMENT , INCLUDING ARBITRATIO N AWARDS AND ALL ISS UES 32
277+AGREED TO UNDER THIS SECTION. 33
278+
279+ (G) THE COMMISSION AND THE EM PLOYEE ORGANIZATION SHALL SHARE 34
280+EQUALLY THE COSTS OF THE MEDIATOR –ARBITRATOR’S SERVICES. 35 HOUSE BILL 797 7
281+
282+
283+
284+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
285+October 1, 2023. 2
286+
287+
288+
289+
290+Approved:
291+________________________________________________________________________________
292+ Governor.
293+________________________________________________________________________________
294+ Speaker of the House of Delegates.
295+________________________________________________________________________________
296+ President of the Senate.