WES MOORE, Governor Ch. 605
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Chapter 605
(House Bill 797)
AN ACT concerning
Maryland–National Capital Park and Planning Commission – Collective
Bargaining Agreement Implementation – Dispute Arbitration
MC/PG 103–23
FOR the purpose of altering the requirement that economic provisions of a certain final
collective bargaining agreement for employees of the Maryland–National Capital
Park and Planning Commission be subject to funding by the Montgomery County
Council and the Prince George’s County Council to instead require that certain terms
and conditions of the final agreement be subject to approval by the Montgomery
County Council and the Prince George’s County Council; authorizing the parties to
a collective bargaining agreement for employees of the Maryland–National Capital
Park and Planning Commission to request the services of a mediator–arbitrator
during the term of a certain collective bargaining agreement under certain
circumstances; establishing the process for mediation–arbitration; requiring the
parties to share equally the costs of the mediator–arbitrator’s services; and generally
relating to collective bargaining for employees of the Maryland–National Capital
Park and Planning Commission.
BY repealing and reenacting, with amendments,
Article – Land Use
Section 16–209
Annotated Code of Maryland
(2012 Volume and 2022 Supplement)
BY adding to
Article – Land Use
Section 16–210.1
Annotated Code of Maryland
(2012 Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Land Use
16–209.
(a) (1) If the parties have not reached an agreement on or before December 1
on a collective bargaining agreement that would become effective the following July 1, the
parties jointly shall appoint a mediator–arbitrator. Ch. 605 2023 LAWS OF MARYLAND
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(2) If the parties are unable to agree on a mediator–arbitrator, the labor
relations administrator shall appoint the mediator–arbitrator on or before December 7.
(3) Notwithstanding appointment of the mediator–arbitrator, this section
does not require mediation–arbitration to begin before the date set forth in subsection (c)
of this section.
(b) During the course of the collective bargaining:
(1) either party may declare an impasse and request the services of the
mediator–arbitrator; or
(2) the parties jointly may request the services of a mediator–arbitrator
before an impasse is declared.
(c) If the mediator–arbitrator finds in the mediator–arbitrator’s sole discretion
that the parties are at a bona fide impasse or on February 1, whichever occurs earlier, the
mediator–arbitrator shall direct the parties to submit:
(1) a joint memorandum listing all items to which the parties previously
agreed; and
(2) a separate memorandum of each party’s last final offer presented in
negotiations on all items to which the parties previously did not agree.
(d) (1) On or before February 10, the mediator–arbitrator shall hold a closed
hearing on the parties’ proposals at a time, date, and place selected by the
mediator–arbitrator.
(2) Each party shall submit evidence or make oral and written arguments
in support of the party’s last final offer.
(3) The mediator–arbitrator may not open the hearing to a person that is
not a party to the mediation–arbitration.
(e) (1) On or before February 15, the mediator–arbitrator shall issue a report
selecting the final offer submitted by the party that the mediator–arbitrator determines to
be more reasonable when viewed as a whole.
(2) In determining which offer is more reasonable, the
mediator–arbitrator:
(i) may consider only:
WES MOORE, Governor Ch. 605
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1. past collective bargaining agreements between the
parties, including the past bargaining history that led to the agreement or the precollective
bargaining history of employee wages, hours, benefits, and other working conditions;
2. a comparison of wages, hours, benefits, and conditions of
employment of similar employees of other public employers in the Wa shington
metropolitan area and the State;
3. a comparison of wages, hours, benefits, and conditions of
employment of similar employees of private employers in Montgomery County and Prince
George’s County;
4. the public interest and welfare;
5. the ability of the Commission to finance any economic
adjustments required under the proposed agreement;
6. the effects of any economic adjustments on the standard of
public services normally provided by the Commission; and
7. the annual increase or decrease in consumer prices for all
items as reflected in the most recent Consumer Price Index – Urban Wage Earners and
Clerical Workers (“CPI–W”) for the Washington Metropolitan Area; and
(ii) shall consider all items on which the parties agreed before the
mediation–arbitration began to be integrated into each offer.
(3) (i) The mediator–arbitrator may not receive or consider the history
of collective bargaining relating to the immediate dispute, including any offers of
settlement not contained in the offer submitted to the mediator–arbitrator.
(ii) The mediator–arbitrator may not compromise or alter the final
offer that the mediator–arbitrator selects.
(f) (1) (i) Subject to subparagraph (ii) of this paragraph, the offer selected
by the mediator–arbitrator, as integrated with the items on which the parties previously
agreed, shall be the final agreement between the Commission and the exclusive
representative without ratification by the parties.
(ii) [The economic provisions] ANY TERMS OR CONDITIONS of the
final agreement THAT REQUIRE AN APPR OPRIATION OF FUNDS O R THE ADOPTION OF
REGULATIONS OR THAT HAVE A PRESENT OR FU TURE FISCAL IMPACT are subject to
[funding] APPROVAL by the Montgomery County Council and Prince George’s County
Council.
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(iii) The Commission shall request funds in the Commission’s final
budget from the county councils for all economic provisions of the final agreement.
(2) The parties shall execute an agreement incorporating the final
agreement, including arbitration awards and all issues agreed to under this subtitle.
(g) The Commission and the employee organization shall share equally the costs
of the mediator–arbitrator’s services.
16–210.1.
(A) DURING THE TERM OF A COLLECTIVE BARGAININ G AGREEMENT :
(1) EITHER PARTY MAY DEC LARE AN IMPASSE AND REQUEST THE
SERVICES OF A MEDIAT OR–ARBITRATOR; AND
(2) THE PARTIES JOINTLY MAY REQUEST THE SERV ICES OF A
MEDIATOR–ARBITRATOR AT ANY TI ME WITHOUT DECLARING AN IMPASSE.
(B) (1) IF THE SERVICES OF A MEDIATOR–ARBITRATOR HAVE BEEN
REQUESTED , THE PARTIES JOINTLY SHALL APPOINT A MEDI ATOR–ARBITRATOR.
(2) IF THE PARTIES ARE UN ABLE TO AGREE ON A
MEDIATOR–ARBITRATOR, THE LABOR RELATIONS ADMINISTRATOR SHALL APPOINT
THE MEDIATOR –ARBITRATOR WITHIN 7 DAYS AFTER THE SE RVICES OF A
MEDIATOR–ARBITRATOR WERE REQU ESTED.
(C) IF THE MEDIATOR –ARBITRATOR FINDS IN THE
MEDIATOR–ARBITRATOR’S SOLE DISCRETION TH AT THE PARTIES ARE A T A BONA
FIDE IMPASSE , THE MEDIATOR –ARBITRATOR SHALL DIR ECT EACH PARTY TO
SUBMIT A SEPARATE ME MORAND UM OF EACH PARTY ’S LAST FINAL OFFER O N ITEMS
WITH REGARD TO WHICH THE PARTIES ARE IN D ISPUTE.
(D) (1) WITHIN 10 DAYS AFTER THE SUBMI SSION OF THE MEMORAN DA
UNDER SUBSECTION (C) OF THIS SECTION , THE MEDIATOR –ARBITRATOR SHALL
HOLD A CLOSED HEARIN G ON THE PARTIES’ OFFERS AT A TIME , DATE, AND PLACE
SELECTED BY THE MEDI ATOR–ARBITRATOR.
(2) EACH PARTY SHALL SUBM IT EVIDENCE OR MAKE ORAL AND
WRITTEN ARGUMENTS IN SUPPORT OF THE PARTY ’S FINAL OFFER.
(3) THE MEDIATOR –ARBITRATOR MAY NOT O PEN THE HEARING TO A
PERSON THAT IS NOT A PA RTY TO THE MEDIATION –ARBITRATION.
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(E) (1) WITHIN 5 DAYS AFTER THE HEARI NG REQUIRED UNDER
SUBSECTION (D)(1) OF THIS SECTION, THE MEDIATOR –ARBITRATOR SHALL ISS UE A
REPORT SELECTING THE FINAL OFFER THAT THE MEDIATOR–ARBITRATOR
DETERMINES TO BE MORE REASONABL E WHEN VIEWED AS A W HOLE.
(2) IN DETERMINING WHICH OFFER IS MORE REASON ABLE, THE
MEDIATOR–ARBITRATOR:
(I) MAY CONSIDER ONLY :
1. PAST COLLECTIVE BARG AINING AGREEMENTS
BETWEEN THE PARTIES , INCLUDING THE PAST B ARGAINING HISTOR Y THAT LED TO
THE AGREEMENT OR THE PRECOLLECTIVE BARGAI NING HISTORY OF EMPL OYEE
WAGES, HOURS, BENEFITS, AND OTHER WORKING CO NDITIONS;
2. A COMPARISON OF WAGE S, HOURS, BENEFITS, AND
CONDITIONS OF EMPLOY MENT OF SIMILAR EMPL OYEES OF OTHER PUBLI C
EMPLOYERS IN THE WASHINGTON METROPOLIT AN AREA AND THE STATE;
3. A COMPARISON OF WAGE S, HOURS, BENEFITS, AND
CONDITIONS OF EMPLOY MENT OF SIMILAR EMPL OYEES OF PRIVATE EMP LOYERS IN
MONTGOMERY COUNTY AND PRINCE GEORGE’S COUNTY;
4. THE PUBLIC INTEREST AND WELFARE ;
5. THE ABILITY OF THE COMMISSION TO FINANCE ANY
ECONOMIC ADJUSTMENTS REQUIRED UNDER THE P ROPOSED AGREEMENT ;
6. THE EFFECTS OF ANY E CONOMIC ADJUSTMENTS ON
THE STANDARD OF PUBL IC SERVICES NORMALLY PROVIDED BY THE COMMISSION;
AND
7. THE ANNUAL INCREASE OR DECREASE IN CONSU MER
PRICES FOR ALL ITEMS AS REFLECTED IN THE MOST RECENT CONSUMER PRICE
INDEX – URBAN WAGE EARNERS AND CLERICAL WORKERS (“CPI–W”) FOR THE
WASHINGTON METROPOLITAN AREA; AND
(II) SHALL CONSIDER ALL I TEMS ON WHIC H THE PARTIES
AGREED BEFORE THE ME DIATION–ARBITRATION BEGAN TO BE INTEGRATED INTO
EACH OFFER.
(3) (I) THE MEDIATOR –ARBITRATOR MAY NOT R ECEIVE OR
CONSIDER THE HISTORY OF COLLECTIVE BARGAI NING RELATING TO THE Ch. 605 2023 LAWS OF MARYLAND
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IMMEDIATE DISPUTE , INCLUDING ANY OFFERS OF SETTLEMENT NOT CONTAINE D IN
THE OFFER SUBMITTED TO THE MEDIATOR –ARBITRATOR.
(II) THE MEDIATOR –ARBITRATOR MAY NOT C OMPROMISE OR
ALTER THE FINAL OFFE R THAT THE MEDIATOR –ARBITRATOR SELECTS .
(F) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE
OFFER SELECTED BY THE MEDIATOR–ARBITRATOR, AS INTEGRATED WITH T HE
GOVERNING COLLECTIVE BARGAINING AGREEMENT AT THE TIME OF THE D ISPUTE,
SHALL BE THE FINAL A GREEMENT BETWEEN THE COMMISSION AND THE EX CLUSIVE
REPRESENTATIVE WITHO UT RATIFICATION BY T HE PARTIES.
(II) THE ECONOMIC PROVISIO NS ANY TERMS OR CONDITIO NS
OF THE FINAL AGREEME NT THAT REQUIRE AN APPR OPRIATION OF FUNDS O R THE
ADOPTION OF REGULATI ONS OR THAT HAVE A P RESENT OR FUTURE FIS CAL IMPACT
ARE SUBJECT TO FUNDING APPROVAL BY THE MONTGOMERY COUNTY COUNCIL
AND THE PRINCE GEORGE’S COUNTY COUNCIL.
(III) THE COMMISSION SHALL REQU EST FUNDS IN THE
COMMISSION’S FINAL BUDGET FROM THE MONTGOMERY COUNTY COUNCIL AND
THE PRINCE GEORGE’S COUNTY COUNCIL FOR ALL ECONO MIC PROVISIONS OF TH E
FINAL AGREEMENT .
(2) THE PARTIES SHALL EXE CUTE AN AGREEMENT IN CORPORATING
THE FINAL AGREEMENT , INCLUDING ARBITRATIO N AWARDS AND ALL ISS UES
AGREED TO UNDER THIS SECTION.
(G) THE COMMISSION AND THE EM PLOYEE ORGANIZATION SHALL SHARE
EQUALLY THE COSTS OF THE MEDIATOR–ARBITRATOR’S SERVICES.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2023.
Approved by the Governor, May 8, 2023.