Ch. 424                                    2003 LAWS OF MARYLAND

(II)     IN DETERMINING THE MORE REASONABLE OFFER RESOLVING
THE ITEMS NOT PREVIOUSLY AGREED UPON, THE MEDIATOR-ARBITRATOR MAY
CONSIDER ONLY THE FOLLOWING FACTORS:

1.       PAST COLLECTIVE BARGAINING CONTRACTS BETWEEN
THE PARTIES, INCLUDING THE PAST BARGAINING HISTORY THAT LED TO THE
AGREEMENT OR THE PRE-COLLECTIVE BARGAINING HISTORY OF EMPLOYEE WAGES,
HOURS, BENEFITS, AND OTHER WORKING CONDITIONS;

2.       A COMPARISON OF WAGES, HOURS, BENEFITS, AND
CONDITIONS OF EMPLOYMENT OF SIMILAR EMPLOYEES OF OTHER PUBLIC
EMPLOYERS IN THE WASHINGTON METROPOLITAN AREA AND IN THE STATE;

3.       A COMPARISON OF WAGES, HOURS, BENEFITS, AND
CONDITIONS OF EMPLOYMENT OF SIMILAR EMPLOYEES OF PRIVATE EMPLOYERS IN
MONTGOMERY COUNTY AND IN PRINCE GEORGE'S COUNTY;

4.       THE PUBLIC INTEREST AND WELFARE;

5.       THE ABILITY OF THE EMPLOYER TO FINANCE ANY
ECONOMIC ADJUSTMENTS REQUIRED UNDER THE PROPOSED AGREEMENT;

6.       THE EFFECTS OF ANY ECONOMIC ADJUSTMENTS ON THE
STANDARD OF PUBLIC SERVICES NORMALLY PROVIDED BY THE EMPLOYER; AND

7.       THE ANNUAL INCREASE OR DECREASE IN CONSUMER
PRICES FOR ALL ITEMS AS REFLECTED IN THE MOST RECENT CONSUMER PRICE
INDEX - WAGE EARNERS AND CLERICAL WORKERS ("CPI-W") FOR THE
WASHINGTON-BALTIMORE METROPOLITAN AREA.

(III)   IN DETERMINING THE MOST REASONABLE OFFER RESOLVING
THE ITEMS NOT PREVIOUSLY AGREED UPON, THE MEDIATOR-ARBITRATOR SHALL
CONSIDER TO BE INTEGRATED WITH EACH OFFER ALL ITEMS ON WHICH THE
PARTIES AGREED BEFORE THE MEDIATION-ARBITRATION BEGAN.

(IV) 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.

(6) THE MEDIATOR ARBITRATOR MAY NOT COMPROMISE OR ALTER THE
FINAL OFFER THAT THE MEDIATOR ARBITRATOR SELECTS.

(7) (6) (I) 1. SUBJECT TO SUBSUBPARAGRAPH 2 OF THIS
SUBPARAGRAPH, WITHOUT RATIFICATION BY THE PARTIES, THE OFFER SELECTED
BY THE MEDIATOR-ARBITRATOR, AS INTEGRATED WITH THE ITEMS ON WHICH THE
PARTIES PREVIOUSLY AGREED, SHALL BE THE FINAL AGREEMENT BETWEEN THE
COMMISSION AND THE EXCLUSIVE REPRESENTATIVE.

2. THE COMMISSION SHALL REQUEST FUNDS IN THE
COMMISSION'S FINAL BUDGET FROM THE COUNTY COUNCILS FOR ALL ECONOMIC
PROVISIONS OF THE FINAL AGREEMENT.

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