WILLIAM DONALD SCHAEFER, Governor

(A)     AN EMPLOYER AND THE EXCLUSIVE REPRESENTATIVE MAY USE A
MEDIATOR IN COLLECTIVE BARGAINING IF:

(1) THE EMPLOYER AND THE EXCLUSIVE REPRESENTATIVE MUTUALLY
AGREE; OR

(2) AN IMPASSE EXISTS AND THE EMPLOYER OR EXCLUSIVE
REPRESENTATIVE REQUESTS MEDIATION.

(B)     THE EMPLOYER AND EXCLUSIVE REPRESENTATIVE SHALL SELECT A
MEDIATOR FROM A LIST SUPPLIED BY THE AMERICAN ARBITRATION ASSOCIATION
OR THE FEDERAL MEDIATION AND CONCILIATION SERVICE.

4-509.

(A)      BY MUTUAL AGREEMENT, THE EMPLOYER AND EXCLUSIVE

REPRESENTATIVE MAY ENGAGE IN FACT FINDING.

(B)     IF THERE IS AN IMPASSE AND MUTUAL AGREEMENT, EITHER PARTY MAY
REQUEST THE APPOINTMENT OF A FACT FINDER.

(C) (1) THE EMPLOYER AND EXCLUSIVE REPRESENTATIVE MAY SELECT A
FACT FINDER FROM A LIST SUPPLIED BY THE AMERICAN ARBITRATION
ASSOCIATION OR THE FEDERAL MEDIATION AND CONCILIATION SERVICE.

(2) IF THE PARTIES ARE UNABLE TO AGREE ON A FACT FINDER, THE
FACT FINDER SHALL BE SELECTED UNDER THE RULES OF THE ORGANIZATION
THAT PROVIDES THE LIST.

(D) (1) A FACT FINDER:

(I) SHALL HOLD HEARINGS;

(II) MAY ADMINISTER OATHS; AND

(III) SHALL MAKE WRITTEN FINDINGS OF FACT AND

RECOMMENDATIONS FOR RESOLUTION OF THE IMPASSE.

(2) NOT LATER THAN 30 DAYS AFTER THE DATE OF APPOINTMENT, THE
FACT FINDER SHALL TRANSMIT THOSE FINDINGS TO THE EMPLOYER AND
EXCLUSIVE REPRESENTATIVE.

(3) IF THE IMPASSE CONTINUES FOR 10 DAYS AFTER THE FINDINGS ARE
SUBMITTED TO THE PARTIES, THE FINDINGS SHALL BE MADE AVAILABLE TO THE
PUBLIC.

4-510.

(A) THE TERMS OF AN AGREEMENT BETWEEN AN EMPLOYER AND AN
EXCLUSIVE REPRESENTATIVE SHALL SUPERSEDE ANY CONFLICTING RULES,
REGULATIONS, OR ADMINISTRATIVE POLICIES OF THE EMPLOYER.

4-508.

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Ch. 733