Expedited Bill No.
_::!-57'--....:..;10"'--_--:-:---:-_
Concerning:
Personnel - Collective
Bargaining - Impasse Procedures
Draft No.
11­
Revised:
12/14/10
Introduced:
November
23, 2010
Enacted:
December 14,
2010
Executive:
December
22, 2010
Effective:
December
22, 2010
Sunset Date: _N=o""n2.:::e=--_ _ _-:---:--_
Ch.
~,
Laws of Mont. Co.
2010
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 )
modifY the criteria for an impasse neutral and a mediator/arbitrator to evaluate
before issuing an arbitration award; and
(2)
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 undedining
[[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.
*
*
*
(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.
(A)
The Impasse neutral [may take into account only the
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following factors] must first [[evaluate and give the highest
priority
!Q)]
[[determine]] evaluate and give the higlwst
priority to the ability of the County to
[~for
additional]]
[[afford any]] pay for additional short-term and long-term
expenditures
[~quired
by tpe
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 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;
Oi)
[[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
increases in revenues needed to fund a final offer;
and
(iii) [[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
p£!y]]
[[If the
impasse neutral finds]] After evaluating the ability of the
County to pay under subparagraph CA) [[that the County
can afford both final offers)).1 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.1 and conditions of employment of similar
employees of other public employers in the
Washington Metropolitan Area and in Maryland;
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EXPEDITED BILL
NO.S7-10
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[c.] (iv) [Comparison]
~
comparison of wages, hours,
benefits.1 and conditions of employment of other
Montgomery County [personnel] employees; and
[d.]
W
[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 ofpublic services by the employer].
(6)
The impasse neutral [shall] must:
(A)
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]
(g
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]
(D)
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.S7-10
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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.
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*
(4)
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]]
[[detennine]] evaluate and give the highest priority to the ability
of the County to
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[1m!Y
for additional]] [[afford any]] pay for
additional short-term and long-term expenditures Hrequired by
the final offers]]
[[l2y
considering]] by considering:
(A)
[[the limits on the County's ability to raise taxes under
State law and the County Charter]] [[as.s.uming no
increas~
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in any existing
~
rate or
th~
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
1!
final offer]]
[[assuming no increasejn revenue from an ad valorem tax
on real property above the limit in County Charter Section
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EXPEDITED BILL
NO.57-10
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305]] the added burden on County taxpayers. if any,
resulting from increases in revenues needed to fund a final
offer; and
(Q
[[consideringlJ the County's ability to continue to provide
the current [[standard]]
servIces.
[[lev~]
standard of all public
ill
[[After evaluating the ability of the County to
~]]
[[If the
mediator/arbitrator finds that]] After evaluating the ability of the
County to pay under paragraph
ill
[[the County can affordpoth
final offers]].1 the mediator/arbitrator [[may only]] [[must]] may
only consider:
(A) 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[.t
[(B)]
{Q
[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[.t
[(C)]
.em
[Comparison]
~
comparison of wages, hours, benefits,
and conditions of employment of other Montgomery
County [personnel] employees[.] ; and
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EXPEDITED BILL
NO.57-10
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[(D)]
@
[Wages] wages, benefits, hours, and other working
conditions of similar employees of private employers in
Montgomery County.
[(E) The interest and welfare of the public.
(F) The ability of the employer to finance economIC
adjustments, and the effect of the adjustments upon the
normal standard of public services provided by the
employer.]
[(5)]
®
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 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.
*
*
*
*
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.
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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]] [[determine]]
evaluate and give the highest priority to the ability of the County
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EXPEDITED BILL
NO.S7-10
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to
[~
for additiona1J] [[afford any]] pay for additional short­
term and long-term expenditures [[required by the final offers]]
[[Qy
consideringl] by cOIlsidering:
CA)
[[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;
tID
[[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
{{J
[[consideringl1 the County's ability to continue to provide
the current [[standard]] Hlevel]] standard of all public
servIces.
ill
[[After evaluating the ability of the County to
IlliY]]
[[If the
impasse neutral finds]] After evalllatiIlg 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:
CA)
the interest and welfare of County taxpayers and service
recipients;
[(1)]
tID
past collective bargaining agreements between the
parties, including the past bargaining history that led to
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EXPEDITED BILL NO.57-10
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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)] (D) wages, hours, benefits, and conditions of employment
of-other Montgomery County employees; and
[(4)]
(ID
wages, benefits, hours, and other working conditions
of
similar
employees
of
private
employers
III
Montgomery County [;
(5)
(6)
the interest and welfare of the public; and
the ability of the employer to finance economic adjustments, and
the effect of those adjustments upon the normal standard of
public services provided by the employer].
*
Sec. 2. Effective Date.
*
*
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The Council declares that this legislation is necessary for the immediate
protection of the public interest.
becomes law.
This Act takes effect on the date on which
it
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EXPEDITED BILL
No.57-10
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Approved:
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~~
Valerie Ervin, President, County Council
~//
-'1- /
/:J
0
I 0
Date
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Approved:
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Isiah L ggett, County Execuy
I_
1
/~
. q
e-'
f
~
if
I
Date
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This is a correct copy ofCouncil action.
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Linda M. Lauer, Clerk ofthe Council
Date
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