Bill No.
18 -11
Concerning: Police Labor Relations ­
Duty to Bargain
Revised: July 14. 2011
Draft No. 2
Introduced:
June 14, 2011
Enacted:
July 19, 2011
Executive:
August 1, 2011
Effective:
October 31, 2011
Sunset Date:
-!..:.N~on..!.!:e~
_ _ _ _ __
Ch.
~!
Laws of Mont. Co.
2011
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President on the Recommendation ofthe Organizational Refonn Commission
AN
ACT to:
(1)
(2)
modifY the scope of bargaining with the certified representative ofpolice 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]
[1Quble 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 unqffected
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:
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33-80.
(a)
Collective bargaining.
Duty to bargain; matters subject to bargaining.
A
certified employee
organization and the employer must bargain collectively on the
following subjects:
(1)
Salary and wages, provided, however, that salaries and wages
shall be uniform 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
of personal 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)
Matters affecting the health and safety of employees; and
Amelioration of the [The] effect on employees [of] 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)
(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 exists.
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BILL
No. 18-11
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(3)
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*
If the impasse neutral, in the impasse neutral's sole discretion,
fmds that the parties are at a bona fide impasse, the impasse
neutral [shall] must require each party to submit a fmal 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)]
ill
When the parties initiate collective bargaining under
[subparagraph (A)] paragraph
(l),
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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ill
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
lIDpasse.
[(D)]
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If an impasse is declared under [subparagraph (C)] paragraph
ill,
the dispute must be submitted to the impasse neutral no later
than 10 days after impasse is declared.
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[(E)]
ill
[(i)]
The impasse neutral must resolve the dispute under the
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impasse procedure in subsection (b), except that:
®
the dates in that subsection do not apply;
[(ii)]
all
each party must submit to the impasse neutral a [mal
offer on only the reopener matter; and
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[(iii)]
(Q}
the impasse neutral must select the most reasonable of
the parties' [mal offers no later than 10 days after the
impasse neutral receives the [mal offers.
[(F)]
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®
[(i)]
This subsection applies only if the parties in their collective
bargaining agreement have designated:
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®
the specific reopener matter to be bargained;
[(ii)]
all
the date by which bargaining on the reopener matter
must begin; and
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No. 18-11
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[(iii)1
llJ.
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.1
[(A) 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.1
[(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
bargainin~,
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.]
[(e)
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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[(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 [mal decision.]
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No. 18-11
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Approved:
123
.
Valerie Ervin, President, County Council
/
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Approved:
Date
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This is a correct copy ofCouncil action.
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2tJI)
Linda M. Lauer, Clerk ofthe Council
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