2922

LAWS OF MARYLAND

Ch. 1015

(II)   ACCURATE ACCOUNTS OF ALL INCOME AND

EXPENSES BE KEPT, AND AN ANNUAL FINANCIAL REPORT BE

PREPARED. THE ACCOUNTS SHALL BE OPEN FOR INSPECTION BY ANY

MEMBER OF THE ORGANIZATION, AND LOANS TO OFFICERS AND AGENTS
SHALL BE MADE ONLY ON TERMS AND CONDITIONS AVAILABLE TO ALL
MEMBERS;

(III)  PERIODIC ELECTIONS BY SECRET BALLOT

BE SUBJECT TO RECOGNIZED SAFEGUARDS CONCERNING THE EQUAL

RIGHT OF ALL MEMBERS TO NOMINATE, SEEK OFFICE, AND VOTE IN
THE ELECTIONS;

(IV) INDIVIDUAL MEMBERS HAVE THE RIGHT TO
PARTICIPATE IN THE AFFAIRS OF THE ORGANIZATION; AND

(V) PROCEDURES IN DISCIPLINARY ACTIONS
ARE FAIR AND EQUITABLE.

(6) AN EMPLOYEE ORGANIZATION THAT HAS NOT FILED
AN ANNUAL REPORT OR WHOSE CONSTITUTION AND BYLAWS DO NOT

CONFORM TO THE REQUIREMENTS OF SUBSECTION (E) (5) MAY NOT BE

OR REMAIN CERTIFIED FOR THE PURPOSE OF NEGOTIATING WITH THE
PUBLIC EMPLOYER.

(F) (1) IT IS DECLARED TO BE IN THE PUBLIC INTEREST
THAT, IN THE COURSE OF COLLECTIVE BARGAINING, THE PUBLIC
EMPLOYER AND THE EXCLUSIVE REPRESENTATIVE MAKE EVERY
REASONABLE EFFORT TO CONCLUDE NEGOTIATIONS PRIOR TO THE
BUDGET SUBMISSION DATE OF THE PUBLIC EMPLOYER, IN ORDER THAT
THE APPROPRIATE LEGISLATIVE BODY MAY ACT ON THE OPERATING
BUDGET OF THE EMPLOYER.

(2) (I) IF IN THE COURSE OF COLLECTIVE

BARGAINING___A PARTY DEEMS THAT AN IMPASSE EXISTS, THAT PARTY

MAY REQUEST THE SERVICES OF THE COMMISSIONER IN MEDIATION OR
ENGAGE ANOTHER MUTUALLY AGREED UPON MEDIATOR.

(II) THE PARTIES BY MUTUAL AGREEMENT MAY
ENGAGE IN FACT FINDING. IF THERE IS NOT MUTUAL AGREEMENT,
EITHER PARTY, AFTER A REASONABLE PERIOD OF MEDIATION, MAY

PETITION THE COMMISSIONER TO INITIATE FACT FINDING. THE

COMMISSIONER UPON CONSIDERING THE STATUS OF BARGAINING AND

THE BUDGET SCHEDULE OF THE PUBLIC EMPLOYER MAY FIND THAT AN

IMPASSE EXISTS, AND MAY NOTIFY THE PARTIES THAT FACT FINDING

IS TO BE INITIATED. THE PUBLIC EMPLOYER AND THE EXCLUSIVE

REPRESENTATIVE MAY SELECT THEIR OWN FACT FINDER. IF THE
PARTIES HAVE NOT SELECTED THEIR OWN FACT FINDER WITHIN 5

DAYS OF THE REQUIRED NOTIFICATION, THE COMMISSIONER SHALL

SUBMIT TO THE PARTIES THE NAMES OF FIVE QUALIFIED PERSONS.
EACH PARTY ALTERNATELY SHALL STRIKE TWO NAMES FROM THE LIST.

THE ORDER OF STRIKING SHALL BE DETERMINED BY LOT. THE

REMAINING INDIVIDUAL SHALL BE THE FACT FINDER. THE FACT

FINDER SELECTED BY THE PARTIES SHALL CONDUCT HEARINGS AND

MAY ADMINISTER OATHS. THE FACT FINDER SHALL MAKE WRITTEN

FINDINGS OF FACT AND RECOMMENDATIONS FOR RESOLUTION OF THE

IMPASSE. NO LATER THAN 30 DAYS FROM THE DATE OF APPOINTMENT
THE FACT FINDER SHALL TRANSMIT THE FINDINGS TO THE PUBLIC
EMPLOYER AND THE EXCLUSIVE REPRESENTATIVE. IF THE IMPASSE