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Ch. 248
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2002 LAWS OF MARYLAND
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(ii) The MNCPPC and the exclusive representative may select their
own fact finder from a list supplied by the American Arbitration Association or the
Federal Mediation and Conciliation Service. If the parties are unable to reach
agreement on fact-finding, a fact finder shall be selected pursuant to the rules of the
agency that provides the list. The cost of fact-finding shall be paid equally by
MNCPPC and the employee organization.
(iii) The fact finder shall conduct hearings and may administer
oaths. The fact finder shall make written findings of fact and recommendations for
resolution of the impasse. No later than 30 days from the date of appointment the fact
finder shall transmit the findings to the MNCPPC and the exclusive representative.
If the impasse continues 10 days after the report is submitted to the parties, the
report shall be made available to the public.
(iv) Costs of fact-finding shall be borne equally by the parties.]
(5) (I) IF THE PARTIES HAVE NOT REACHED AN AGREEMENT ON OR
BEFORE DECEMBER 1, OR ANY LATER DATE DETERMINED BY MUTUAL AGREEMENT
OF THE PARTIES ON A COLLECTIVE BARGAINING AGREEMENT THAT WOULD
SUCCEED THE EXISTING AGREEMENT, EITHER PARTY MAY DECLARE A BARGAINING
IMPASSE AND THE PARTIES JOINTLY SHALL APPOINT AN ARBITRATOR.
(II) IF THE PARTIES ARE UNABLE TO AGREE ON AN ARBITRATOR,
THE LABOR RELATIONS ADMINISTRATOR SHALL NAME THE ARBITRATOR ON OR
BEFORE DECEMBER 7, OR ANY LATER DATE DETERMINED BY MUTUAL AGREEMENT
OF THE PARTIES.
(III) NOTWITHSTANDING APPOINTMENT OF THE ARBITRATOR,
NOTHING IN THIS SECTION SHALL REQUIRE COMMENCEMENT OF ARBITRATION
PRIOR TO FEBRUARY 1, OR ANY LATER DATE DETERMINED BY MUTUAL AGREEMENT
OF THE PARTIES.
(IV) ON OR BEFORE FEBRUARY 1, OR ANY LATER DATE DETERMINED
BY MUTUAL AGREEMENT OF THE PARTIES, THE ARBITRATOR SHALL DIRECT THE
PARTIES TO SUBMIT:
1. A JOINT MEMORANDUM LISTING ALL ITEMS TO WHICH
THE PARTIES PREVIOUSLY AGREED; AND
2. A SEPARATE MEMORANDUM OF THE PARTY'S LAST FINAL
OFFER PRESENTED IN NEGOTIATIONS ON ALL ITEMS TO WHICH THE PARTIES DID
NOT PREVIOUSLY AGREE.
(V) 1. ON OR BEFORE FEBRUARY 10, OR ANY LATER DATE
DETERMINED BY MUTUAL AGREEMENT OF THE PARTIES, THE ARBITRATOR SHALL
HOLD A NONPUBLIC HEARING ON THE PARTIES' PROPOSALS AT A TIME, DATE, AND
PLACE SELECTED BY THE ARBITRATOR
2. EACH PARTY SHALL SUBMIT EVIDENCE OR MAKE ORAL
AND WRITTEN ARGUMENTS IN SUPPORT OF THE PARTY'S LAST FINAL OFFER.
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- 1990 -
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