Theodore R. McKeldin, Governor                      55

and reasonable compensation for the appropriation and temporary
use of his property, for which he may bring a petition for damages
against the State. In determining the amount of compensation to be
awarded in such proceedings, there shall be taken into account the
existence of the labor dispute which interrupted or threatened im-
minently to interrupt the private operation of such plant or facility,
and the effect of such interruption or threatened interruption upon
the value to the petitioner of the use of such plant or facility.

(2)  AFTER THE GOVERNOR HAS TAKEN OR SHALL TAKE
POSSESSION OF ANY PLANT, EQUIPMENT, FACILITY OR
OTHER PROPERTY OF ANY PUBLIC UTILITY FOR THE
OPERATION BY THIS STATE IN THE PUBLIC INTEREST,
PURSUANT TO THE PROVISIONS OF THIS SECTION, AND
DURING THE CONTINUANCE OF SUCH POSSESSION, THE
RELATIONSHIP BETWEEN THE GOVERNMENT OF THIS
STATE AND THE PERSONS EMPLOYED AT SUCH PUBLIC
UTILITY, EXCEPT THOSE WHO ELECT TO QUIT SUCH EM-
PLOYMENT, SHALL BE THAT OF EMPLOYER AND EM-
PLOYEE BUT SHALL NOT, HOWEVER, BE SUBJECT TO THE
REQUIREMENTS AND PROVISIONS OF ARTICLES 64A,
TITLE "MERIT SYSTEM", AND 73B, TITLE "PENSIONS" OF
THE ANNOTATED CODE OF MARYLAND.

(3)   THE SEIZURE AND OPERATION OF A PLANT, EQUIP-
MENT, FACILITY OR OTHER PROPERTY BY THE STATE
SHALL NOT RENDER INAPPLICABLE ANY LOCAL STATE
OR FEDERAL LAW CONCERNING HEALTH, SAFETY, SE-
CURITY AND EMPLOYMENT STANDARDS, AND THE DE-
PARTMENT OR AGENCY OPERATING SUCH PLANT OR
FACILITY SHALL BE SUBJECT TO SAID LAWS, INCLUDING
LAWS WITH RESPECT TO LIABILITY FOR TORTIOUS CON-
DUCT, AS IF IT WERE PRIVATELY OPERATED.

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4) The declaration of emergency or the seizure and operation of
a plant or facility by the State shall not render inapplicable any state
or federal law concerning the health, safety, security and employ-
ment standards, and the department or agency operating such plant
or facility shall comply with said laws as if it were privately oper-
ated. During such emergency if an Emergency Board of Arbitration
shall have been appointed and shall, after a hearing, have recom-
mended changes in rates of pay, wages, hours or other terms or
conditions of employment, such changes shall be made effective in
any plant which is being operated by the State; provided, if none
has previously been appointed, an Emergency Board of Arbitration,
chosen as set forth below in Subsection SECTION 12K shall be
appointed.

The Emergency Board of Arbitration so appointed shall, after a
hearing, make recommendations concerning the rates of pay, wages,
hours and terms and conditions of employment for the period of
public operation which recommendations shall be made effective, by
the seizing authority, in the plant or facility seized, during said
period. Whenever they are made subsequent to the date on which
the last agreement was terminated or to be changed, the Board's
recommendation shall be retroactive to such date on each issue on
which such retroactivity is possible.