ROBERT L. EHRLICH, JR., Governor                             Ch. 424

(III) IF MORE THAN ONE EMPLOYEE ORGANIZATION IS CERTIFIED
AS AN EXCLUSIVE REPRESENTATIVE OF A BARGAINING UNIT, THEN THE WSSC
SHALL ENGAGE IN COLLECTIVE BARGAINING WITH ALL EXCLUSIVE
REPRESENTATIVES AT THE SAME TIME ABOUT THE TERMS OF PENSION AND OTHER
RETIREMENT BENEFITS FOR ACTIVE EMPLOYEES.

(C) (B) (1) (I) 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

(II)     IF THE PARTIES ARE UNABLE TO AGREE ON A
MEDIATOR-ARBITRATOR, THE LABOR RELATIONS ADMINISTRATOR SHALL NAME THE
MEDIATOR-ARBITRATOR ON OR BEFORE DECEMBER 7.

(III)   NOTWITHSTANDING            APPOINTMENT            OF            THE
MEDIATOR-ARBITRATOR, NOTHING IN THIS SUBSECTION SHALL REQUIRE
COMMENCEMENT OF MEDIATION-ARBITRATION BEFORE THE DATE STATED IN
PARAGRAPH (3) OF THIS SUBSECTION.

(2)      DURING THE COURSE OF THE COLLECTIVE BARGAINING EITHER
PARTY MAY DECLARE AN IMPASSE AND REQUEST THE SERVICES OF THE
MEDIATOR-ARBITRATOR, OR THE PARTIES MAY JOINTLY REQUEST THE SERVICES OF
A MEDIATOR-ARBITRATOR BEFORE AN IMPASSE IS DECLARED.

(3)      IF        THE        MEDIATOR-ARBITRATOR        FINDS        IN        THE
MEDIATOR-ARBITRATOR'S SOLE DISCRETION THAT THE PARTIES ARE AT A BONA
FIDE IMPASSE OR ON FEBRUARY 1, WHICHEVER OCCURS EARLIER, THE
MEDIATOR-ARBITRATOR SHALL DIRECT THE PARTIES TO SUBMIT:

(I)      A JOINT MEMORANDUM LISTING ALL ITEMS TO WHICH THE
PARTIES PREVIOUSLY AGREED; AND

(II)     A SEPARATE MEMORANDUM OF THE PARTY'S LAST FINAL
OFFER PRESENTED IN NEGOTIATIONS ON ALL ITEMS TO WHICH THE PARTIES DID
NOT PREVIOUSLY AGREE.

(4)     (I) ON OR BEFORE FEBRUARY 10, THE MEDIATOR-ARBITRATOR
SHALL HOLD A NONPUBLIC HEARING ON THE PARTIES' PROPOSALS AT A TIME, DATE,
AND PLACE SELECTED BY THE MEDIATOR-ARBITRATOR

(II)     EACH PARTY SHALL SUBMIT EVIDENCE OR MAKE ORAL AND
WRITTEN ARGUMENT IN SUPPORT OF THE PARTY'S LAST FINAL OFFER

(III)   THE MEDIATOR-ARBITRATOR MAY NOT OPEN THE HEARING TO
A PERSON WHO IS NOT A PARTY TO THE MEDIATION-ARBITRATION.

(5)      (I) ON OR BEFORE FEBRUARY 15, THE MEDIATOR-ARBITRATOR
SHALL ISSUE A REPORT SELECTING BETWEEN THE FINAL OFFERS SUBMITTED BY
THE PARTIES THAT THE MEDIATOR ARBITRATOR DETERMINES TO BE MORE
REASONABLE, VIEWED AS A WHOLE THAT RESOLVES ALL ITEMS THAT THE PARTIES
HAVE NOT AGREED UPON PREVIOUSLY.

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