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ROBERT L. EHRLICH, JR., Governor
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Ch. 63
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(2) IN DETERMINING THE MORE REASONABLE OFFER, THE
MEDIATOR-ARBITRATOR MAY CONSIDER ONLY:
(I) PAST COLLECTS BARGAINING CONTRACTS BETWEEN THE
PARTIES, INCLUDING THE BARGAINING HISTORY THAT LED TO THE AGREEMENT OR
THE PRECOLLECTIVE BARGAINING HISTORY OF EMPLOYEE HOURS, BENEFITS, AND
OTHER WORKING CONDITIONS;
(II) A COMPARISON OF HOURS, BENEFITS, AND CONDITIONS OF
EMPLOYMENT OF SIMILAR EMPLOYEES OF OTHER PUBLIC EMPLOYERS IN THE
WASHINGTON METROPOLITAN AREA AND IN THE STATE;
(III) A COMPARISON OF HOURS, BENEFITS, AND CONDITIONS OF
EMPLOYMENT OF SIMILAR EMPLOYEES OF PRIVATE EMPLOYERS IN MONTGOMERY
COUNTY;
(IV) THE PUBLIC INTEREST AND WELFARE;
(V) THE ABILITY OF THE EMPLOYER TO FINANCE ANY ECONOMIC
ADJUSTMENTS REQUIRED UNDER THE PROPOSED AGREEMENT;
(VI) THE EFFECTS OF ANY ECONOMIC ADJUSTMENTS ON THE
STANDARD OF PUBLIC SERVICES NORMALLY PROVIDED BY THE EMPLOYER; AND
(VII) THE ANNUAL INCREASE OR DECREASE IN CONSUMER PRICES
FOR ALL ITEMS AS SHOWN IN THE MOST RECENT CONSUMER PRICE INDEX - WAGE
EARNERS AND CLERICAL WORKERS ("CPI-W") FOR THE WASHINGTON-BALTIMORE
METROPOLITAN AREA.
(3) IN DETERMINING THE MORE REASONABLE OFFER, THE
MEDIATOR-ARBITRATOR SHALL CONSIDER THAT ALL ITEMS ON WHICH THE PARTIES
AGREED BEFORE THE MEDIATION-ARBITRATION ARE INTEGRATED WITH EACH
OFFER
(4) 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
(E) FINAL OFFER UNCHANGEABLE.
THE MEDIATOR-ARBITRATOR MAY NOT COMPROMISE OR ALTER THE FINAL
OFFER THAT THE MEDIATOR-ARBITRATOR CHOOSES.
(F) FINAL OFFER AS FINAL AGREEMENT.
(1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION AND WITHOUT
RATIFICATION BY THE PARTIES, THE OFFER THAT THE MEDIATOR-ARBITRATOR
CHOOSES AS INTEGRATED WITH THE ITEMS ON WHICH THE PARTIES PREVIOUSLY
AGREED IS THE FINAL AGREEMENT BETWEEN THE MONTGOMERY COMMISSION AND
THE EXCLUSIVE REPRESENTATIVE.
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- 523 -
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