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2002 LAWS OF MARYLAND
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Ch. 238
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(II) DURING THE PERIOD SET FORTH IN SUBPARAGRAPH (I) OF THIS
PARAGRAPH, THE PARTIES SHALL NEGOTIATE IN GOOD FAITH.
(K) (1) IF A PARTY CONSIDERS A BARGAINING PROPOSAL TO CONTRAVENE
THE RIGHTS AND RESPONSIBILITIES OF THE COMMISSION UNDER SUBSECTION(S)
OF THIS SECTION OR TO OTHERWISE VIOLATE THIS SECTION, THE PARTY SHALL
PETITION THE LABOR RELATIONS ADMINISTRATOR FOR A DETERMINATION OF
WHETHER THE BARGAINING PROPOSAL CONSTITUTES A NEGOTIABILITY DISPUTE
THAT CONTRAVENES THIS SECTION.
(2) THE PROCEDURE FOR RESOLVING A NEGOTIABILITY DISPUTE SHALL
FOLLOW THE PROCEDURE FOR REVIEWING UNFAIR LABOR PRACTICE CHARGES,
EXCEPT THAT THE LABOR RELATIONS ADMINISTRATOR MAY SHORTEN THE TIME
PERIODS OR ORDER ANY EXPEDITED PROCEDURE APPROPRIATE UNDER THE
CIRCUMSTANCES.
(3) THE LABOR RELATIONS ADMINISTRATOR MAY ORDER A PARTY TO
WITHDRAW ALL OR PART OF A BARGAINING PROPOSAL THAT CONTRAVENES THIS
SECTION.
(4) UNLESS APPEALED ON THIS BASIS OF BEING ARBITRARY,
CAPRICIOUS, OR EXCEEDING THE AUTHORITY OF A PARTY, ANY DECISION AND
ORDER REACHED UNDER THIS SUBSECTION IS FINAL.
[(l) (1) A fact finder may be used in the collective bargaining process
whenever:
(i) The Commission and the employee organization agree to
fact-finding; or
(ii) An impasse results, and the Commission or the employee
organization requests fact-finding.
(2) The fact finder shall be mutually selected by the Commission and the
employee organization from a list supplied by the American Arbitration Association or
the Federal Mediation and Conciliation Service.
(3) If agreement cannot be reached on the selection of a fact finder, the
fact finder shall be selected by the labor relations administrator.
(4) (i) The fact finder shall hold hearings and may administer oaths.
(ii) Within 30 days after appointment, the fact finder shall give to
the Commission and the employee organization a written report with findings and
recommendations to resolve the impasse.
(5) If the impasse continues for 10 days after submission of the fact
finder's report, the fact finder shall make the report available to the public.
(6) The Commission and the employee organization shall share equally
the costs of the fact finder.]
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- 1948 -
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