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Ch. 248
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PARRIS N. GLENDENING, Governor
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reasonable effort to conclude negotiations prior to the budget submission date of the
MNCPPC, in order that the appropriate legislative body may act on the operating
budget of the MNCPPC]
(I) 1. COLLECTIVE BARGAINING SHALL BEGIN NOT LATER
THAN SEPTEMBER 1 BEFORE THE BEGINNING OF AN ENTIRE FISCAL YEAR FOR
WHICH AN AGREEMENT HAS NOT BEEN REACHED BETWEEN THE MNCPPC AND THE
CERTIFIED EMPLOYEE ORGANIZATION.
2. COLLECTIVE BARGAINING SHALL CONCLUDE ON OR
BEFORE THE FOLLOWING FEBRUARY 4, OR ANY LATER DATE DETERMINED BY
MUTUAL AGREEMENT OF THE PARTIES.
(II) DURING THE PERIOD SET IN SUBPARAGRAPH (I)1 OF THIS
PARAGRAPH, THE PARTIES SHALL NEGOTIATE IN GOOD FAITH.
(3) (I) IF A PARTY CONSIDERS A BARGAINING PROPOSAL TO
CONTRAVENE THE RESPONSIBILITIES OF THE MNCPPC UNDER SUBSECTION (G) OF
THIS SECTION, OR THE RIGHTS OF EMPLOYEES OF THE MNCPPC UNDER SUBSECTION
(H) OF THIS SECTION, OR OTHERWISE TO VIOLATE THIS SECTION, THE PARTY SHALL
PETITION THE LABOR RELATIONS ADMINISTRATOR TO DETERMINE WHETHER THE
BARGAINING PROPOSAL CONSTITUTES A NEGOTIABILITY DISPUTE THAT
CONTRAVENES THIS SECTION.
(II) THE PROCEDURE FOR RESOLVING A NEGOTIABILITY DISPUTE
SHALL FOLLOW THE PROCESS 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.
(III) THE LABOR RELATIONS ADMINISTRATOR MAY ORDER A PARTY
TO WITHDRAW ALL OR PART OF A BARGAINING PROPOSAL THAT CONTRAVENES THIS
SECTION.
(IV) UNLESS APPEALED ON THE BASIS OF BEING ARBITRARY,
CAPRICIOUS, OR EXCEEDING THE AUTHORITY OF A PARTY, ANY DECISION AND
ORDER REACHED UNDER THIS SUBSECTION IS FINAL.
[(3)] (4) (i) A mediator may be utilized by the parties in collective
bargaining whenever the parties mutually agree or if an impasse exists whenever one
party requests mediation.
(ii) The mediator shall be selected by the parties from a list
supplied by either the American Arbitration Association or the Federal Mediation and
Conciliation Service.
[(4) (i) The parties by mutual agreement may engage in fact-finding. If
there is not mutual agreement, either party at impasse, may request the appointment
of a fact finder to initiate fact-finding. The fact finder shall be selected as provided in
subparagraph (ii) of this paragraph.
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- 1989 -
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