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PARRIS N. GLENDENING, Governor
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Ch. 238
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(L) (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 PRIOR TO THE DATE SET FORTH 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, EXCLUSIVE OF WAGES, THAT THE MEDIATOR-ARBITRATOR
DETERMINES TO BE MORE REASONABLE, VIEWED AS A WHOLE.
(II) IN DETERMINING THE MORE REASONABLE OFFER, 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
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- 1949 -
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