Expedited Bill No. _.:::.;57:-,-,.!.;1
O~
_ _ __
Collective
Concerning: Personnel
Bargaining - Impasse Procedures
Revised: December 14,2010
Draft No.
~1...:..1-:-:-_--:-_::-::--:-::-~
__
Introduced:
November 23, 2010
Enacted:
December 14,2010
Executive: _ _ _ _ _ _ _ __
Effective: _--:-:--_ _ _ _ _ __
Sunset Date: --:..:,No=n...:.::e=--_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council Vice President Ervin, Council President Floreen, and Councilmembers Andrews,
Berliner, EIrich, Knapp, Navarro, Trachtenberg, and Leventhal
AN EXPEDITED ACT
to:
(1)
(2)
modify the criteria for an impasse neutral and a mediator/arbitrator to evaluate
before issuing an arbitration award; and
generally amend County collective bargaining laws.
By amending
Montgomery County Code
Chapter 33, Personnel and Human Resources
Sections 33-81, 33-108, and 33-153
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act.'
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EXPEDITED BILL
NO.S7-10
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Sec.
1.
Sections 33-81,33-108, and 33-153 are amended as follows:
33-81.
Impasse procedure.
*
(b)
(1)
*
*
During the course of collective bargaining, either party may
declare an impasse and request the services of the impasse
neutral. If the parties have not reached agreement by January 20,
an impasse [shall be deemed to exist] exists.
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*
*
*
(5) On or before February 1 [or prior thereto], the impasse neutral
[shall] must select, as a whole, the more reasonable, in the
impasse neutral's judgment, of the final offers submitted by the
parties.
The lmpasse neutral [may take into account only the
following factors] must first [[evaluate and give the highest
priority to]] [[determine]] evaluate and give the highest
priority to the ability ofthe County to
[~for
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additional]]
[[afford any]] pay for additional short-term and long-term
expenditures
[[required
by the
final
offers]]
[[Qy
considering]] by considering:
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ill
[[the limits on the County's ability to raise taxes
under
State
law
and
the
County
Charter]]
[[assuming no increa§e in any existing tax rate or the
adoption of any new tax]] the limits on the County's
ability to raise taxes under State law and the County
Charter;
(ii)
[(the added burden on County taxpayers, if any,
resulting from increases in revenues needed to fund
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exPEDITED BILL NO.57
-10
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£!
final offer]] [[assuming no increase in revenue
from an ad valorem tax on real property above the
limit in County Charter Section 305]] the added
burden on County taxpayers. if any. resulting from
increa~es
in revenues needed to fund a final offer;
and
(iii) [[consideringl1 the County's ability to continue to
provide the current [[standard]] [[level]] standard of
all public services.
@
[[After evaluating the ability of the County
to~]]
[[If the
impasse neutral finds]] After evaluating the ability of the
County to pay under subparagraph (A) [[that the County
can afford both final
offers]]~
the impasse neutral [[may
only]] [[must]] may only consider:
ill
the interest and welfare of County taxpayers and
service recipients;
[a.] (ii) [past] past collective bargaining contracts between
the parties, including the [past] bargaining history
that led to [such contracts, or the pre-collective
bargaining history of employee wages, hours,
benefits and working conditions] each contract;
[b.]
(iii) [Comparison]
£!
comparison of wages, hours,
benefits~
and conditions of employment of similar
employees of other public employers in the
Washington Metropolitan Area and in Maryland;
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"
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:>
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EXPEDITED BILL NO.S7-10
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ill)
[c.] (iv) [Comparison]
~
comparison of wages, hours,
benefits" and conditions of employment of other
Montgomery County [personnel] employees; and
[d.]
M
[Wages] wages, benefits, hours and other working
conditions
of
similar
employees
of private
employers in Montgomery County[;]
[e.
[f.
The interest and welfare of the public;]
The ability of the employer to fmance economIC
adjustments and the effect of the adjustments upon the
normal standard of public services by the employer].
(6)
The impasse neutral [shall] must:
CA)
not compromise or alter the final offer that he or she
selects; [. Selection of]
(ill
select an offer [shall be] based on the contents of that offer;
[. No consideration shall be given to, nor]
.cg
not consider or receive [shall] any evidence or argument
[be received]
concerning the history of collective
bargaining
in
this immediate dispute, including offers of
settlement not contained in the offers submitted to the
impasse neutral; and [.
shall]
consider all previously agreed [upon] on items integrated
with the specific disputed items to determine the single
most reasonable offer.
However, the impasse neutral
*
33-108.
*
*
Bargaining, impasse,
and
legislative procedures.
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ExPEDITED BILL
NO.57-10
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*
(f)
(1)
*
*
If
binding arbitration is invoked, the mediator/arbitrator must
require each party to submit a final offer, which must consist
either of a complete draft of a proposed collective bargaining
agreement
or
a
complete
package
proposal,
as
the
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mediator/arbitrator directs. If only complete package proposals
are required, the mediator/arbitrator must require the parties to
submit jointly a memorandum of all items previously agreed
on.
*
ill
In
making
*
a determination
*
under this
subsection,
the
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mediator/arbitrator [may consider only the following factors]
must first [[evaluate and give the highest priority to))
[[determine)) evaluate and give the highest priority to the ability
of the County to
[[r@y
for additional]] [[afford anyll pay for
additional short-term and long-term expenditures [[required by
the final offers]]
[[Qy
considering]] by considering:
(A)
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[[the limits on the County's ability to raise taxes under
State law and the County Charter)] [[assuming no increase
in any existing tax rate or the adoption of any new tax]] the
limits on the Countv's ability to raise taxes under State law
and the County Charter;
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(ill
[[the added burden on County taxpayers, if any, resulting
from increases in revenues needed to fund
~
final offer]]
[[assuming no increase in revenue from an ad valorem tax
on real property above the limit in County Charter Section
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EXPEDITED BILL NO.S7-10
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305]] the adqed burden on County taxpayers, if any.
resulting from increases in revenues needed to fund a final
offer; and
.cg
([consideringl1 the County's ability to continue to provide
the current ([standard]] [[level]] standard of all public
servIces.
ill
[[After evaluating the ability of the County to
~11
[[If the
mediator/arbitrator finds that]] After evaluating the ability of the
County to pay under paragraph
ill
[[the County can afford both
finaLoffers]]~
the mediator/arbitrator [[may only]] [[must]] may
only consider:
CA)
the interest and welfare of County taxpayers and service
recipients;
[(A)]
ill)
[Past] past collective bargaining agreements between
the parties, including the past bargaining history that led
to [the agreements, or the pre-collective bargaining
history of employee wages, hours, benefits, and working
conditions] each agreement[.];
[(B)]
.cg
[Comparison]
f!
comparison of wages, hours, benefits,
and conditions of employment of similar employees of
other public employers in the Washington Metropolitan
Area and in Maryland[.];
[(C)] CD) [Comparison]
f!
comparison of wages, hours, benefits,
and conditions of employment of other Montgomery
County [personnel] employees[.] ; and
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EXPEDITED BILL
NO.S7-10
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[(D)]
ffi}
[Wages] wages, benefits, hours, and other working
conditions of similar employees of private employers in
Montgomery County.
[(E)
(F)
The interest and welfare of the public.
The ability of the employer to finance economlC
adjustments, and the effect of the adjustments upon the
normal standard of public services provided by the
employer.]
ill
The offer selected by the mediator/arbitrator, integrated with all
previously agreed on items, is the final agreement between the
employer and the certified representative, need not be ratified
by any party, and has the effect of a contract ratified by the
parties under subsection (c).
The parties must execute the
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agreement, and any provision which requires action in the
County budget must be included in the budget which the
employer submits to the County Council.
*
33-153.
*
*
*
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Bargaining, impasse, and legislative procedures.
*
(i)
On or before February 1, unless that date is extended by written
agreement of the parties, the impasse neutral must select the final
offer that, as a whole, the impasse neutral judges to be the more
reasonable.
ill
In determining which final offer is the more reasonable, the
impasse neutral [may consider only the following factors] must
first [[evaluate and give the highest priority to]] [[detennine]]
evaluate and give the highest priority to the ability of the County
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EXPEDITED BILL
No. 57-10
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to
[!mY
for additional]] [[afford anyl] pay for additional short­
tenn and long-tenn expenditures [[required by the final offers]]
[[Qy
consideringlJ by considering:
fA)
[[the limits on the County's ability to raise taxes under
State law and the County Charter]] [[assuming no increase
in any existing tax rate or the adoption of any new tax]] the
limits on the County's ability to raise taxes under State law
and the County Charter;
ill}
[[the added burden on County taxpayers, if any, resulting
from increases in revenues needed to fund
f!
final offer]]
[[assuming no increase
in
revenue from an ad valorem tax
on real property above the limit in County Charter Section
305]] the added burden on County taxpayers, if any,
resulting from increases in revenues needed to fund a final
offer; and
(Q
[[considering]] the County's ability to continue to provide
the current [[standard]] [[level]] standard of all public
servIces.
ill
[[After evaluating the ability of the County to
PID:]]
impasse neutral finds]] After evaluating the ability of the County
to pay under paragraph
ill [[
that the County can afford both final
offers]].1 the impasse neutral [[may only)) [[must]) may only
consider:
(A)
the interest and welfare of County taxpayers and service
recipients;
[(1)]
ill}
past collective bargaining agreements between the
parties, including the past bargaining history that led to
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EXPEDITED BILL
No.S7-10
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[the agreements, or the pre-collective bargaining history
of employee wages, hours, benefits, and working
conditions] each agreement;
[(2)]
(Q
wages, hours, benefits and conditions of employment
of similar employees of other public employers in the
Washington Metropolitan Area and in Maryland;
[(3)]
.em
wages, hours, benefits, and conditions of employment
of other Montgomery County employees; and
[(4)]
!..ID
wages,
of
benefits, hours, and other working conditions
employees
of
private
employers
In
similar
Montgomery County[;
(5) the interest and welfare of the public; and
(6) the ability of the employer to fmance economic adjustments, and
the effect of those adjustments upon the normal standard of
public services provided by the employer].
*
Sec. 2. Effective Date.
*
IS
*
necessary for the immediate
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The Council declares that this legislation
protection of the public interest. This Act takes effect on the date on which it
becomes law.
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EXPEDITED BILL
No.57~10
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Isiah Leggett, County Executive
Date
Approved:
Valerie Ervin, President, County Council
Approved:
t!~~
/~/L::r /~%
Date'
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This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
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