Agenda Item 6
June 14,2011
Introduction
MEMORANDUM
June 10,2011
TO:
FROM:
SUBJECT:
County Council
Robert H. Drummer, Senior Legislative Attorney
fQ
Introduction:
Bill IS-II, Police Labor Relations - Duty to Bargain
Bill IS-II, Police Labor Relations Duty to Bargain, sponsored by the Council President
on recommendation of the Organizational Reform Commission, is scheduled to be introduced on
June 14, 2011. A public hearing is tentatively scheduled for July 12 at 1:30 p.m.
Bill IS-II would make the scope of bargaining with the certified representative of police
employees consistent with the scope of bargaining with unions representing other County
employees. The Council delayed introducing this Bill until after finalizing the FY12 Budget
because these process changes, if enacted, could not take effect until collective bargaining for
FY13 begins in the fall.
Background
In its report to the Council dated January 31, 2011, the Organizational Reform
Commission (ORC), in
Recommendation
#21,
recommended amending the Police Labor
Relations Law to make the scope of bargaining with the certified representative of police
employees consistent with the scope of bargaining with unions representing other County
employees.
The full text of the recommendation is below.
The Erosion of Management Rights
The Police Collective Bargaining law establishes the scope of collective bargaining in County
Code §33-S0. Similar to the collective bargaining laws for Fire and general County employees,
the Police Collective Bargaining law requires the Executive to bargain over wages, benefits, and
working conditions. Section 33-S0(b) also establishes a list of "Employer rights" that the
Executive does not need to bargain. However, unlike the collective bargaining laws for Fire and
general County employees, §33-S0(a)(7) requires the Executive to bargain over the "effect on
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employees of the employer's exercise of rights listed in subsection (b)." This provision is
generally referred to as "effects bargaining." For example, §33-80(b)(3) grants the Executive the
employer's right to "determine the services to be rendered and the operations to be performed."
However, under effects bargaining the Executive would have to bargain with the union over the
effect on employees of the Executive's decision to modify the services performed. In practice,
"effects bargaining" has become the exception that makes most management decisions subject to
"Effects bargaining" has hampered the ability of the Police Department to issue directives to
govern how police officers must operate. For example, several years ago, the Police Department
had to bargain with the FOP over a directive to implement the new computerized police report
writing system. This bargaining delayed the implementation of a new system that County
management established to improve efficiency.
The FOP has recently delayed the
implementation of all directives by refusing to respond to them.
?
We recommend amending §33-BO(a)(7) to make the scope of bargaining consistent
with the scope of bargaining in the collective bargaining laws for Fire and general
County employees._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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. _ . _ _
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Executive's Response
In a memorandum to the Council President dated February 21, 2011, the Executive
responded to each of the
28
recommendations in the ORC report. The Executive did not take a
position on this recommendation. He stated:
21. Make the scope of bargaining consistent for all County agencies.
The ORC report includes several recommendations concerning the collective
bargaining process. Since we are in the midst of bargaining with all three of our
employee unions, I do not think it is appropriate to comment on the Commission's
recommendations at this time.
Bill
18-11, sponsored by the Council President on recommendation of the ORC would
implement ORC Recommendations
#21.
This packet contains:
Bill
18-11
Legislative Request Report
Circle #
1
7
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Bill No.
18-11
Concerning: Police Labor Relations ­
Duty to Bargain
Revised:
June~.
2011 Draft No.1
Introduced:
June 14J...:'2'=!0: . .!1. . :. 1_ _ __
Expires:
December 14. 2012
Enacted: _ _ _ _,_ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _-:--:-_ _ _ _ _ __
Sunset Date: -.:...:.N=on..:.;:e=--_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President on the recommendation of the Organizational Reform Commission
AN
ACT to:
(1)
(2)
modifY the scope ofbargaining with the certified representative of police employees;
and
generally amend County collective bargaining laws.
By amending
Montgomery County Code
Chapter 33, Personnel and Human Resources
Sections 33-80 and 33-81
Boldface
Underlining
[Single boldface brackets]
Double uoderlining
[[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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BILL
No. 18-11
Sec. 1. Sections 33-80 and 33-81 are amended as follows:
2
33-80.
Collective bargaining.
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(a)
Duty to bargain; matters subject to bargaining. A certified employee
organization and the employer must bargain collectively on the
following subjects:
(I)
Salary and wages, provided, however, that salaries and wages
shall be unifonn for all employees in the same classification;
(2)
(3)
Pension and retirement benefits for active employees only;
Employee benefits such as, but not limited to, insurance, leave,
holidays and vacation;
(4)
Hours and working conditions, including the availability and use
ofpersonal patrol vehicles;
(5)
Provisions for the orderly processmg and settlement of
grievances concerning the interpretation and implementation of
the collective bargaining agreement, which may include binding
third party arbitration and provisions for exclusivity of forum;
(6)
(7)
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Matters affecting the health and safety of employees; and
Amelioration of the
[The]
effect on employees when the
employer's exercise of rights listed in subsection (b) causes
~
loss
of existing jobs in the unit.
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*
33-81.
Impasse procedure.
*
*
*
*
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*
(b)
(I)
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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 exists.
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BILL
No.
18-11
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*
(3)
*
*
If the impasse neutral, in the impasse neutral's sole discretion,
finds that the parties are at a bona fide impasse, the impasse
neutral [shall] must require each party to submit a final offer
which [shall] must consist either of a complete draft of a
proposed collective bargaining agreement or a complete package
proposal, as the impasse neutral [shall choose] chooses. If only
complete package proposals are required, the impasse neutral
[shall] must require the parties to submit jointly a memorandum
of all items previously agreed upon.
(4)
The impasse neutral may, in the impasse neutral's discretion,
require the parties to submit evidence or make oral or written
argument in support of their proposals. The impasse neutral may
hold a hearing for this purpose at a time, date and place selected
by the impasse neutral. Said hearing [shall] must not be open to
the public.
*
(C)
*
*
An impasse over a reopener matter [or the effects on employees of an
exercise of an employers right] must be resolved under the procedures
in this subsection. Any other impasse over a matter subject to collective
bargaining must be resolved under the impasse procedure in subsections
(a) and (b).
(1)
[Reopener matters.
(A)] If the parties agree in a collective
bargaining agreement to bargain over an identified issue on or
before a specified date, the parties must bargain under those
terms. Each identified issue must be designated as a "reopener
matter."
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BILL
No.
18-11
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[(B)] 2.
When the parties initiate collective bargaining under
[subparagraph (A)] paragraph
1,
the parties must choose, by
agreement or through the processes of the American Arbitration
Association, an impasse neutral who agrees to be available for
impasse resolution within 30 days.
[(C)]
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If, after bargaining in good faith, the parties are unable to
reach agreement on a reopener matter by the deadline specified in
the collective bargaining agreement, either party may declare an
Impasse.
[(D)] 4. If an impasse is declared under [subparagraph (C)] paragraph
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.1,
the dispute must be submitted to
[(E)] 5.
the impasse neutral no later
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than 10 days after impasse is declared.
The impasse neutral must resolve the dispute under the
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impasse procedure in subsection (b), except that:
[(i)]
A. the dates in that subsection do not apply;
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[(ii)] B. each party must submit to the impasse neutral a final
offer on only the reopener matter; and
[(iii)] C. the impasse neutral must select the most reasonable of
the parties' final offers no later than 10 days after the
impasse neutral receives the final offers.
[(F)] 6. This subsection applies only if the parties in their collective
bargaining agreement have designated:
[(i)]
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A. the specific reopener matter to be bargained;
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[(ii)] B. the date by which bargaining on the reopener matter
must begin; and
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BILL
No. 18-11
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[(iii)] C.
the deadline by which bargaining on the reopener
matter must be completed and after which the impasse
procedure must be implemented.
[(2)
Bargaining over the effects of the exercise of an employer right.]
leA) If the employer notifies the employee organization that it
intends to exercise a right listed in Section 33-80(b), the
exercise of which will have an effect on members of the
bargaining unit, the parties must choose by agreement or
through the process of the American Arbitration
Association an impasse neutral who agrees to be available
for impasse resolution within 30 days.]
[(B) The parties must engage in good faith bargaining on the
effects of the exercise of the employer right. If the parties,
after good faith bargaining, are unable to agree on the
effect on bargaining unit employees of the employer's
exercise of its right, either party may declare an impasse.]
[(C) If the parties bargain to impasse over the effects on
employees of an exercise of an employer right that has a
demonstrated, significant effect on the safety of the public,
the employer may implement its last offer before engaging
in the impasse procedure. A party must not exceed a time
requirement of the impasse procedure. A party must not
use the procedure in this paragraph for a matter that is a
mandatory subject of bargaining other than the effects of
the exercise of an employer right.]
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BILL
No. 18-11
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[(D) The parties must submit the dispute to the impasse neutral
no later than 10 days after either party declares an impasse
under subparagraph (B).]
[(E)
The impasse neutral must resolve the dispute under the
impasse procedures in subsection (b), except that:
(i)
(ii)
the dates in that subsection do not apply;
each party must submit to the impasse neutral a final
offer only on the effect on employees of the
employer's exercise of its right; and
(iii)
the impasse neutral must select the most reasonable
of the parties' final offers no later than 10 days after
the impasse neutral receives the final offers and, if
appropriate, must provide retroactive relief.]
[(F)
If the impasse neutral has not issued a decision within 20
days after the impasse neutral receives the parties' final
offers, the employer may implement its final offer until the
impasse neutral issues a final decision.]
Approved:
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Valerie Ervin, President, County Council
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Date
Approved:
125
Isiah Leggett, County Executive
Date
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LEGISLATIVE REQUEST REPORT
Bill 18-11
Police Labor Relations
-
Duty to Bargain
DESCRIPTION:
Bill 18-11 would make the scope of bargaining with the certified
representative of police employees consistent with the scope of
bargaining with unions representing other County employees.
The Organizational Reform Commission recommended this change
to the Police Labor Relations Law.
To increase the authority of the Chief of Police to exercise
management rights.
County Executive, County Attorney, Human Resources
To be requested.
To be requested.
To be requested.
To be researched.
Organizational Reform Commission Report.
Robert H. Drummer, Senior Legislative Attorney
Not applicable.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
None.
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