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Session Laws, 2006
Volume 750, Page 524   View pdf image
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2006 LAWS OF MARYLAND
Ch. 63
(2)      THE ECONOMIC PROVISIONS OF THE FINAL AGREEMENT ARE
SUBJECT TO FUNDING BY THE MONTGOMERY COMMISSION. (3)      THE MONTGOMERY COMMISSION SHALL APPROPRIATE MONEY IN
THE MONTGOMERY COMMISSION'S FINAL BUDGET FOR ALL ECONOMIC PROVISIONS
OF THE FINAL AGREEMENT. (4)      THE PARTIES SHALL EXECUTE AN AGREEMENT THAT
INCORPORATES THE FINAL AGREEMENT, INCLUDING ARBITRATION AWARDS AND
ALL ISSUES AGREED TO UNDER THIS SECTION. (G) COSTS OF ARBITRATOR'S SERVICES TO BE SHARED. THE MONTGOMERY COMMISSION AND THE EMPLOYEE ORGANIZATION SHALL
SHARE THE COSTS OF THE ARBITRATOR'S SERVICES EQUALLY. RE VISOR'S NOTE: This section is new language derived without substantive
change from former Art. 44A, § 2-106(1). In subsection (b)(1) of this section, the former reference to "the course of
the collective bargaining is deleted as surplusage. In subsection (b)(2) of this section, the clause "if they still have not agreed
on a contract" is added for clarity. Similarly, in subsection (c)(1) of this
section, the clause "if the parties have not agreed on a contract" is added. Also in subsection (b)(2) of this section, the former reference to the
mediator—arbitrator's "sole" discretion is deleted as surplusage. In subsection (d)(1) of this section, the former reference to final offers
"submitted by the parties" is deleted as surplusage. The Housing and Community Development Article Review Committee
notes, for consideration by the General Assembly, that subsection (f)(3) of
this section requires the Montgomery Commission to appropriate money in
the Montgomery Commission's final budget for all economic provisions of
the final agreement. This requirement appears to be at odds with §
16-313(a) and (b) of this subtitle, which seem to give the Montgomery
Commission flexibility in making the appropriation. Under § 16-313(a),
the Montgomery Commission must include in its annual proposed budget
adequate funding to carry out a collective bargaining agreement, and §
16-313(b)(l) seems to contemplate the possibility that the Montgomery
Commission may not adequately fund the budget. According to §
16-313(b)(l), "[u]nless the Montgomery Commission's budget is funded
adequately to carry out the terms of the collective bargaining agreement,
the Montgomery Commission and the employee organization shall reopen
the negotiated agreement and bargain about the provisions of the
agreement not approved by the Montgomery Commission." Defined term: "Montgomery Commission" § 16-101
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Session Laws, 2006
Volume 750, Page 524   View pdf image
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