Ch. 591

1997 LAWS OF MARYLAND

2. refers to the applicable federal law; and

(ii) publish notice of the offer once a week for 3 successive weeks after
the document is submitted to the Commission:

1.       in a newspaper published in each county through which the
carrier regularly runs a freight or passenger train; and

2.       if the carrier regularly runs a freight or passenger train within
Baltimore City, in 2 newspapers published in Baltimore City.

(3)     Thirty days after a common carrier by railroad submits to the
Commission a document making an offer under paragraph (2) of this subsection, each
employee of the carrier shall be conclusively presumed to have entered into the
agreement unless, within the 30 days, an employee submits to the Commission a written
notice declining the offer.

(4)     A common carrier by railroad or an employee of the carrier may end an
agreement made under this subsection on the part of the carrier or employee by giving
the Commission at least 30 days' written notice of intention to end the agreement.

(5)     If a common carrier by railroad or an employee of the carrier gives the
Commission notice of intention to end the agreement in accordance with paragraph (4) of
this subsection, the agreement shall end on the part of the carrier or employee on the
effective date of the notice.

(c) A covered employee who has sustained an injury or partial disability may
waive by written contract the rights of the covered employee under this title for any
subsequent injury that is naturally and proximately caused by the previous injury or
disability if the covered employee:

(1)     voluntarily enters into the contract; and

(2)     executes the contract in the presence of 2 individuals who sign the
contract as witnesses.

(D) (1) SUBJECT TO PARAGRAPH (4) (5) OF THIS SUBSECTION, AS PART OF A
COLLECTIVE BARGAINING AGREEMENT, AN EMPLOYER AND A RECOGNIZED OR
CERTIFIED EXCLUSIVE BARGAINING REPRESENTATIVE OF EMPLOYEES UNDER THE
PURVIEW OF THE BUILDING AND CONSTRUCTION TRADE COUNCIL MAY AGREE TO:

(I) AN ALTERNATIVE CLAIM RESOLUTION SYSTEM THAT
SUPPLEMENTS OR MODIFIES THE CLAIM RESOLUTION PROVISIONS OF § 9-722 OF
THIS TITLE AND WHICH MAY INCLUDE MEDIATION AND ARBITRATION, PROVIDED
THAT ALL SETTLEMENTS AND RESOLUTIONS OF CLAIMS ARE SUBJECT TO FINAL
APPROVAL OF THE COMMISSION AN ALTERNATIVE DISPUTE RESOLUTION SYSTEM
THAT MODIFIES. SUPPLEMENTS. OR REPLACES ALL OR PART OF THE DISPUTE
PREVENTION AND DISPUTE RESOLUTION PROCESSES CONTAINED IN THIS TITLE,
AND THAT MAY INCLUDE BUT IS NOT LIMITED TO MEDIATION AND BINDING.
ARBITRATION;

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