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ROBERT L. EHRLICH, JR., Governor
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Ch. 63
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SUBTITLE OR OTHERWISE VIOLATES THIS SUBTITLE, THE PARTY SHALL PETITION
THE LABOR RELATIONS ADMINISTRATOR FOR A DETERMINATION OF WHETHER THE
BARGAINING PROPOSAL IS A NEGOTIABILITY DISPUTE THAT CONTRAVENES THIS
SUBTITLE.
(B) PROCEDURE FOR RESOLVING DISPUTE.
(1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, THE
PROCEDURE FOR RESOLVING A NEGOTIABILITY DISPUTE SHALL FOLLOW THE
PROCEDURE FOR REVIEWING UNFAIR LABOR PRACTICE CHARGES.
(2) THE LABOR RELATIONS ADMINISTRATOR MAY SHORTEN THE TIME
PERIODS OR ORDER ANY EXPEDITED PROCEDURE APPROPRIATE UNDER THE
CIRCUMSTANCES.
(C) ADMINISTRATOR MAY ORDER WITHDRAWAL OF PROPOSAL.
THE LABOR RELATIONS ADMINISTRATOR MAY ORDER A PARTY TO WITHDRAW
ALL OR PART OF A BARGAINING PROPOSAL THAT CONTRAVENES THIS SUBTITLE.
(D) DECISION AND ORDER ARE FINAL.
A DECISION AND ORDER UNDER THIS SECTION IS FINAL UNLESS IT IS
APPEALED FOR BEING ARBITRARY, CAPRICIOUS, OR EXCEEDING THE AUTHORITY OF
A PARTY.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 44A, § 2-106(k).
In subsection (a) of this section, the reference to the rights and duties of
the Montgomery Commission under "§ 16-314" of this subtitle is
substituted for the former reference to "subsection(s)" - now revised at §
16-316 of this subtitle - for accuracy.
The Housing and Community Development Article Review Committee
notes, for consideration by the General Assembly, that subsection (d) of this
section indicates that a decision and order may be appealed for being
arbitrary, capricious, or exceeding the authority of a party, but does not
identify the body to which an appeal may be taken.
Defined term: "Montgomery Commission" § 16-101
16-310. MEDIATION — ARBITRATION.
(A) APPOINTMENT OF MEDIATOR-ARBITRATOR
(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 SHALL JOINTLY APPOINT
A MEDIATOR-ARBITRATOR
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- 521 -
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