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Ch. 248
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PARRIS N. GLENDENING, Governor
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3. THE ARBITRATOR MAY NOT OPEN THE HEARING TO A
PERSON WHO IS NOT A PARTY TO THE ARBITRATION.
(VI) 1. ON OR BEFORE FEBRUARY 15, OR ANY LATER DATE
DETERMINED BY MUTUAL AGREEMENT OF THE PARTIES, THE ARBITRATOR SHALL
ISSUE A REPORT SELECTING BETWEEN THE FINAL OFFERS SUBMITTED BY THE
PARTIES THAT THE ARBITRATOR DETERMINES TO BE MORE REASONABLE, VIEWED
AS A WHOLE.
2. IN DETERMINING THE MORE REASONABLE OFFER, THE
ARBITRATOR MAY CONSIDER ONLY THE FOLLOWING FACTORS:
A. PAST COLLECTIVE BARGAINING CONTRACTS BETWEEN
THE PARTIES, INCLUDING THE PAST BARGAINING HISTORY THAT LED TO THE
AGREEMENT OR THE PRECOLLECTIVE BARGAINING HISTORY OF EMPLOYEE WAGES,
HOURS, BENEFITS, AND OTHER WORKING CONDITIONS;
B. A COMPARISON OF WAGES, HOURS, BENEFITS, AND
OTHER CONDITIONS OF EMPLOYMENT OF POLICE OFFICERS IN MONTGOMERY
COUNTY AND PRINCE GEORGE'S COUNTY;
C. THE PUBLIC INTEREST AND WELFARE;
D. THE ABILITY OF THE EMPLOYER TO FINANCE ANY
ECONOMIC ADJUSTMENTS REQUIRED UNDER THE PROPOSED AGREEMENT; AND
E. THE EFFECTS OF ANY ECONOMIC ADJUSTMENTS ON THE
STANDARD OF PUBLIC SERVICES NORMALLY PROVIDED BY THE EMPLOYER
3. IN DETERMINING THE MOST REASONABLE OFFER, THE
ARBITRATOR SHALL CONSIDER TO BE INTEGRATED WITH EACH OFFER ALL ITEMS ON
WHICH THE PARTIES AGREED PRIOR TO THE ARBITRATION.
4. THE 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 ARBITRATOR
(VII) THE ARBITRATOR MAY NOT COMPROMISE OR ALTER THE FINAL
OFFER THAT THE ARBITRATOR SELECTS.
(VIII) SUBJECT TO SUBSECTION (F)(5) OF THIS SECTION, WITHOUT
RATIFICATION BY THE PARTIES, THE OFFER SELECTED BY THE ARBITRATOR,
INTEGRATED WITH THE ITEMS TO WHICH THE PARTIES PREVIOUSLY AGREED; SHALL
BE THE FINAL AGREEMENT BETWEEN THE MNCPPC AND THE EXCLUSIVE
REPRESENTATIVE.
(IX) THE PARTIES SHALL EXECUTE AN AGREEMENT
INCORPORATING THE FINAL AGREEMENT, INCLUDING ARBITRATION AWARDS AND
ALL ISSUES AGREED TO UNDER THIS PARAGRAPH.
(X) THE MNCPPC AND THE EMPLOYEE ORGANIZATION SHALL
SHARE EQUALLY IN PAYING THE COSTS OF THE ARBITRATOR'S SERVICES.
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- 1991 -
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