Agenda Item 6
June 18,2013
Public Hearing
MEMORANDUM
June 14,2013
TO:
County Council
FROM:
SUBJECT:
Robert
H.
Drummer. Senior Legislative AttomeyfiB
Public Hearing: Bill 9-13, Collective Bargaining -Impasse - Arbitration Panel
Bill 9-13, Collective Bargaining
Impasse - Arbitration Panel, sponsored by
Councilmember Andrews, was introduced on March 19. A Government Operations and Fiscal
Policy Committee worksession is tentatively scheduled for June 24 at 2 p.m.
Bill 9-13 would:
• establish an interest arbitration panel to resolve an impasse over a collective
bargaining agreement; and
• require an impasse arbitration hearing to be open to the public.
Background
Interest arbitration is a method of resolving disputes over the tenns and conditions of a
new collective bargaining agreement. Grievance arbitration is a method of resolving disputes
over the interpretation or application of an existing collective bargaining contract. County
Charter §510 requires the Council to enact a collective bargaining law for police officers that
includes interest arbitration. Charter §510A requires the same for fire fighters. Charter §511
authorizes, but does not require, the Council to enact a collective bargaining law for other
County employees that may include interest arbitration or other impasse procedures. All of these
Charter provisions require any collective bargaining law enacted by the Council to prohibit
strikes or work stoppages by County employees. The Council has enacted comprehensive
collective bargaining laws with interest arbitration for police (Chapter 33, Article V), fire
fighters (Chapter 33, Article X), and other County employees (Chapter 33, Article VII).
All 3 County collective bargaining laws require final offer by package arbitration
requiring the arbitrator to select the entire final offer covering all disputed issues submitted by
one of the parties. The arbitrator is a private sector labor professional jointly selected by the
Executive and the union. There have been 20 impasses resolved by interest arbitration since
1983. Two involved fire fighters, 2 involved general County employees, and the other 16
involved the police. The arbitrator selected the final offer of the International Association of Fire
Fighters (lAFF) in both impasses with the fire fighters and selected the County offer in 1 impasse
with general County employees represented by the Municipal and County Government
Employees Organization (MCGEO) and selected MCGEO's offer in the other. The arbitrator
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selected the FOP offer in 12 of the 16 imrasses with the police.' The arbitrator selected the
County offer over the FOP offer 3 times, and the County agreed to the FOP offer after the
arbitration hearing 1 time.
One of the arguments often raised in challenges to interest arbitration laws is the lack of
accountability to the public. Legislatures enacting interest arbitration laws have responded to
this criticism in a variety of ways. The Oklahoma law authorizes a city council to call a special
election and submit the 2 proposals to the voters for a final decision if the arbitrator selects the
union's final package. The Oklahoma Supreme Court upheld this unusual provision in
FOP
Lodge No.
165
v.
City ofChoctaw,
933 P. 2d 261 (Okla. 1996). Some laws provide for political
accountability in the method of choosing the arbitrator. The Colorado Supreme Court upheld an
interest arbitration law, in part, because it required the city council to unilaterally select the list of
arbitrators in
FOP Colorado Lodge No.
19
v.
City of Commerce City,
996 P. 2d 133 (Colo.
2000). Finally, many interest arbitration laws provide for accountability by adopting guidelines
that the arbitrator must consider, require a written decision with findings of fact, and subject the
decision to judicial review for abuse of discretion, fraud, or misconduct. See
Anchorage
v.
Anchorage Dep 't ofEmployees Ass 'n,
839 P. 2d 1080 (Alaska 1992).
The Council enacted Expedited Bill 57-10 on December 14,2010 modifying the criteria
used by the arbitrator in resolving collective bargaining impasses with each County employee
union. Bill 57-10 required the arbitrator to first evaluate and give the highest priority to the
County's ability to pay for the last best offers of the union and the employer. The union
prevailed in each of the 3 arbitration hearings held in 2011 after Bill 57-10 was enacted.
All 3 County collective bargaining laws require the appointment of a professional labor
arbitrator mutually selected by the Executive and the union. Arbitrator fees are split evenly
between the parties. Professional labor arbitrators must avoid the appearance of favoring one
side or the other in order to continue to be selected for future business. It is especially important
for a professional labor arbitrator to avoid a veto by a national union with affiliates representing
public employees throughout the nation. The labor arbitrator is accountable to the parties, but
not to the taxpayers.
The County collective bargaining laws require the labor professional jointly selected by
the parties to serve as both mediator and arbitrator. This dual role has the advantage and
disadvantage of granting the mediator/arbitrator greater authority during the mediation process.
A party must seriously consider any statement about a weakness in a party's position made by a
mediator who ultimately will resolve an impasse as the arbitrator. However, this dual role
lessens the ability of a mediator to get the parties to speak freely during private sessions with the
mediator. Traditional mediation promotes the free flow of ideas between the parties, in part,
because the mediator has no authority to impose a resolution. A major advantage of the dual role
is that the mediator/arbitrator can issue a quicker decision because he or she is already familiar
with the issues at impasse. This speed is useful due to the compressed schedule for bargaining,
impasse resolution, and budget decisions. However, a mediator with no actual authority to
impose a resolution on either party is in a better position to help the parties negotiate a
settlement.
A table showing the issues decided in each of the 20 arbitration awards since 1988 is attached.
2
The FOP appealed 2 of the 3 decisions in favor of the County to the Circuit Court. The Circuit Court reversed a
portion of the arbitrator's award in 2003 and affinned the arbitrator's award for the County in 2008.
I
2
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Bill 9-13 would separate the role of mediator and arbitrator. The Bill would also
establish an arbitration panel consisting of 3 voting neutral public members, 1 non-voting union
representative, and 1 non-voting employer representative. The non-voting members would be
selected by the parties to the dispute. The Council would recommend 3 public members and 2
alternate public members. The Executive would appoint, subject to Council confirmation, each
of the 5 public members to a three-year term. Each public member must be a County resident
knowledgeable in fiscal matters who is currently unaffiliated with federal, state, or local
management or labor unions. A majority of the 3 public members on the arbitration panel must
vote for a decision resolving an impasse. The arbitration decision would be binding on the
Executive and the union. Those provisions in the final agreement that require an appropriation
of funds or legislation would continue to be subject to Council approval.
This packet contains:
Bill 9-13
Legislative Request Report
Table of Arbitration Decisions since 1988
Circle #
1
15
16
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Bill No.
9-13
Concerning: Collective
Bargaining
Impasse - Arbitration Panel
Revised: March 14. 2013 Draft No.4
Introduced:
March 19. 2013
Expires:
September 19. 2014
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
---!..:N~on'-'-'e"__
_ _ _ _ __
ChI _ _ Laws of Mont. Co. _ _ __
I
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmember Andrews
AN
ACT to:
(1)
(2)
(3)
establish an interest arbitration panel to resolve an impasse over a collective
bargaining agreement;
require an impasse arbitration hearing to be open to the public; 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
By adding
Montgomery County Code
Chapter 33, Personnel and Human Resources
Section 33-1 03A
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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BILL
No. 9-13
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10
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 exists.
(2) Whenever an impasse has been reached, the dispute [shall] must
be submitted to the impasse neutral. The impasse neutral [shall]
must attempt to settle the dispute through mediation [by bringing]
with the parties [together voluntarily under such favorable
auspices as will tend to effectuate the settlement of the dispute].
(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 must certify the impasse for arbitration before an
arbitration panel established under Section 33-103A.
The
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arbitration panel must require each party to submit a final offer.1
which must consist either of a complete draft of a proposed
collective bargaining agreement or a complete package proposal,
as the [impasse neutral] arbitration panel chooses.
If only
complete package proposals are required, the [impasse neutral]
arbitration panel must require the parties to submit jointly a
memorandum of all items previously agreed upon.
(4) The [impasse neutral] arbitration panel may, in the [impasse
neutral's] arbitration panel's discretion, require the parties to
submit evidence or make oral or written argument in support of
their proposals. The [impasse neutral may] arbitration panel must
hold a hearing open to the public for this purpose at a time, date
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and place selected by the [impasse neutral] arbitration panel.
[Said hearing must not be open to the public.]
(5)
On or before February 1, the [impasse neutral] arbitration panel
must select, as a whole, the more reasonable, in the [impasse
neutral's] arbitration panel's judgment, of the fmal offers
submitted by the parties.
(A)
The [impasse neutral] arbitration panel must first evaluate
and give the highest priority to the ability of the County to
pay for additional short-term and long-term expenditures
by considering:
(i)
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
a fmal offer; and
(iii)
the County's ability to continue to provide the
current standard of all public services.
(B)
After evaluating the ability of the County to pay under
subparagraph (A), the [impasse neutral] arbitration panel
may only consider:
(i)
the interest and welfare of County taxpayers and
service recipients;
(ii)
past collective bargaining contracts between the
parties, including the bargaining history that led to
each contract;
(iii)
a companson of wages, hours, benefits, and
conditions of employment of similar employees of
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other
public
employers
In
the
Washington
Metropolitan Area and in Maryland;
(iv)
a comparison of wages, hours, benefits, and
conditions of employment of other [Montgomery]
County employees; and
(v)
wages, benefits, hours and other working conditions
of similar employees of private employers in
[Montgomery] the County
(6)
The [impasse neutral] arbitration panel must:
(A)
not compromise or alter the final offer that [he or she
selects] it selects;
(B)
(C)
select an offer based on the contents ofthat offer;
not consider or receive any evidence or argument
concerning the history of collective bargaining in this
immediate dispute, including offers of settlement not
contained in the offers submitted to the [impasse neutral]
arbitration panel; and
(D)
consider all previously agreed on items integrated with the
specific disputed items to determine the single most
reasonable offer.
(7)
The offer selected by the [impasse neutral] arbitration panel,
integrated with the previously agreed upon items, [shall] must be
[deemed to represent] the final agreement between the employer
and the certified representative, without the necessity of
ratification by the parties, and [shall have] has the force and
effect of a contract voluntarily entered into and ratified [as set
forth in] under subsection 33-80(g) [above]. The parties [shall]
must execute [such] the final agreement.
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(c)
An impasse over a reopener matter 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)
If the parties agree
III
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."
(2)
When the parties initiate collective bargaining under 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.
(3)
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.
(4)
If an impasse is declared under paragraph (3), the dispute must be
submitted to the impasse neutral for mediation no later than 10
days after impasse is declared. If the impasse neutral certifies
that an impasse exists after mediation, the dispute must be
resolved
by
an arbitration panel established under Section 33­
103A.
(5)
The [impasse neutral] arbitration panel must resolve the dispute
under the impasse procedure in subsection (b), except that:
(A)
(B)
the dates in that subsection do not apply;
each party must submit to the [impasse neutral] arbitration
panel a final offer on only the reopener matter; and
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No. 9-13
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(C)
the [impasse neutral] arbitration panel must select the most
reasonable of the parties' final offers no later than 10 days
after the [impasse neutral] arbitration panel receives the
final offers.
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*
33-108.
*
*
In
*
*
which the employer and the
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Bargaining, impasse, and legislative procedures.
*
(d)
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Before September 10 of any year
certified representative bargain collectively, the Labor Relations
Administrator must appoint a [mediator/arbitrator] mediator, who may
be a person recommended by both parties. The [mediator/arbitrator]
mediator must be available from January 2 to June 30.
Fees and
expenses of the [mediator/arbitrator] mediator must be shared equally
by the employer and the certified representative.
(e)
(1)
During the course of collective bargaining, either party may
declare
an
impasse
and
request
the
services
of the
[mediator/arbitrator] mediator, or the parties may jointly request
those services before an impasse is declared. If the parties do not
reach an agreement by February 1, an impasse exists. Any issue
regarding the negotiability of any bargaining proposal must be
referred to the Labor Relations Administrator for an expedited
determination.
(2)
Any dispute, except a dispute involving the negotiability of a
bargaining
proposal,
must
be
submitted
to
the
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[mediator/arbitrator] mediator whenever an impasse has been
reached,
or
as
provided
in
subsection
(e)(1).
The
[mediator/arbitrator] mediator must attempt to resolve the
impasse
Qy
[engage in] mediation [by bringing the parties
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together voluntarily under such favorable circumstances as will
encourage settlement of the dispute].
(3)
If
the
[mediator/arbitrator]
mediator
fmds,
m
the
[mediator/arbitrator's] mediator's sole discretion, that the parties
are at a bona fide impasse, or as of February 1 when an impasse
is automatically reached, whichever occurs earlier, the dispute
must be submitted to binding arbitration before an arbitration
panel established under Section 33-103A.
(f)
(1)
If binding arbitration is invoked, the [mediator/arbitrator]
arbitration panel 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 [mediator/arbitrator] arbitration panel directs.
complete
package
proposals
are
required,
If only
the
[mediator/arbitrator] arbitration panel must require the parties to
submit jointly a memorandum of all items previously agreed on.
(2)
The [mediator/arbitrator] arbitration panel may require the parties
to submit oral or written evidence and arguments in support of
their proposals. The [mediator/arbitrator may] arbitration panel
must hold a hearing open to the public for this purpose at a time,
date, and place selected by the [mediator/arbitrator] arbitration
paneL [This hearing must not be open to the public.]
(3)
On or before February 15, the [mediator/arbitrator] arbitration
panel must select, as a whole, the more reasonable of the final
offers submitted by the parties.
The [mediator/arbitrator]
arbitration panel must not compromise or alter a fmal offer. The
[mediator/arbitrator] arbitration panel must not consider or
receive any argument or evidence related to the history of
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collective bargaining
in
the immediate dispute, including any
previous settlement offer not contained in the final offers.
However, the
[mediator/arbitrator]
arbitration panel must
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consider all previously agreed-on items, integrated with the
disputed items, to decide which offer is the most reasonable.
(4)
In making
a
determination under this
subsection,
the
[mediator/arbitrator] arbitration panel must first evaluate and give
the highest priority to the ability of the County to pay for
additional short-term and long-term expenditures by considering:
(A)
the limits on the County's ability to raise taxes under State
law and the County Charter;
(B)
the added burden on County taxpayers, if any, resulting
from increases in revenues needed to fund a final offer;
and
(C)
the County's ability to continue to provide the current
standard ofall public services.
(5)
After evaluating the ability of the County to pay under paragraph
(4), the [mediator/arbitrator] arbitration panel may only consider:
(A)
(B)
the interest and welfare of County taxpayers and service
recipients;
past collective bargaining agreements between the parties,
including the past bargaining history that led to each
agreement;
(C)
a 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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(D)
a comparison of wages, hours, benefits, and conditions of
employment of other [Montgomery] County employees;
and
(E)
wages, benefits, hours, and other working conditions of
similar employees of private employers in [Montgomery]
the County.
(6)
The offer selected by the [mediator/arbitrator] arbitration panel,
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.
*
(£)
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When an impasse is reached, the parties must submit the dispute to the
impasse neutral. The impasse neutral must attempt to resolve the
dispute
Qy
mediation [by bringing the parties together voluntarily
under conditions that will tend to bring about a settlement of the
dispute].
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(g)
If the impasse neutral, in the impasse neutral's sole discretion, finds
that the parties are at a bona fide impasse, the impasse neutral must
refer the dispute to an arbitration panel established under Section 33­
l03A. The arbitration panel must require the parties to jointly submit
all items previously agreed on, and each party to submit a final offer
consisting of proposals
no~~reed
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upon. Neither party may change
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any proposal after it is submitted to the [impasse neutral] arbitration
panel as a final offer, except to withdraw a proposal on which the
parties have agreed.
(h)
The [impasse neutral] arbitration panel may require the parties to
submit evidence or present oral or written arguments in support of
their proposals. The [impasse neutral may] arbitration panel must hold
a hearing open to the public at a time, date, and place selected by the
[impasse neutral] arbitration panel. [The hearing must not be open to
the public.]
0)
On or before February 1, unless that date is extended by written
agreement of the parties, the [impasse neutral] arbitration panel must
select the final offer that, as a whole, the [impasse neutral] arbitration
panel judges to be the more reasonable.
(1)
In determining which final offer is the more reasonable, the
[impasse neutral] arbitration panel must first evaluate and give
the highest priority to the ability of the County to pay for
additional
considering:
(A)
the limits on the County's ability to raise taxes under
State law and the County Charter;
(B)
the added burden on County taxpayers, if any, resulting
from increases in revenues needed to fund a final offer;
and
(C)
the County's ability to continue to provide the current
standard of all public services.
(2)
After evaluating the ability of the County to pay under
paragraph (1), the [impasse neutral] arbitration panel may only
consider:
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short-term
and
long-term
expenditures
by
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(A)
the interest and welfare of County taxpayers and service
recipients;
(B)
past collective bargaining agreements between the
parties, including the past bargaining history that led to
each agreement;
(C)
wages, hours, benefits and conditions of employment of
similar employees of other public employers in the
Washington Metropolitan Area and in Maryland;
(D)
wages, hours, benefits, and conditions of employment of
other [Montgomery] County employees; and
(E)
wages, benefits, hours, and other working conditions of
similar employees of private employers in [Montgomery]
the County.
The [impasse neutral] arbitration panel must base the selection of the
most reasonable offer on the contents of the offer and the integration
of any previously agreed-on items with the disputed items. In making
a decision, the [impasse neutral] arbitration panel must not consider
or receive any evidence or argument concerning offers of settlement
not contained in the offers submitted to the [impasse neutral]
arbitration panel, or any other information concerning the collective
bargaining leading to impasse. The [impasse neutral] arbitration panel
must neither compromise nor alter the final offer that [he or she] it
selects.
(k)
The final offer selected by the [impasse neutral] arbitration panel,
integrated with any items previously agreed on, is the final agreement
between the parties, need not be ratified by any party, and has the
force and effect of an agreement voluntarily entered into and ratified
under subsection (c). The parties must execute that agreement.
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(1)
In each proposed annual operating budget, the County Executive must
describe any collective bargaining agreement or amendment to an
agreement that is scheduled to take effect in the next fiscal year and
estimate the cost of implementing that agreement.
The annual
operating budget must include sufficient funds to pay for the items in
the parties' final agreement. The employer must expressly identify to
the Council by April 1, unless extenuating circumstances require a
later date, all terms and conditions in the agreement that:
(1)
(2)
(3)
require an appropriation of funds;[, or]
are inconsistent with any County law or regulation;[, or]
require the enactment or adoption of any County law or
regulation;[,] or
(4)
which have or may have a present or future fiscal impact.
If a later submission is necessary, the· employer must specify the
submission date and the reasons for delay to the Council President by
April 1. The employer must make a good faith effort to have the
Council take action to implement all terms and conditions in the
parties' final agreement.
*
33-103A.
Arbitration Panel.
*
*
Sec.2. Section 33-103A is added as follows:
ill
Purpose.
An
arbitration panel may conduct
S!
hearing and resolve an
Impasse in collective bargaining between
S!
certified employee
representative and the employer under Sections 33-81, 33-108, and 33­
153.
[Q)
Public members.
The Executive must appoint, subject to Council
confirmation,
J.
neutral public arbitration panel members recommended
Qy
the Council and
2
neutr~lic
alternate members recommended
Qy
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314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
the Council for staggered 3-year tenns. The Executive must designate
one of the public members to serve as Chair and one as Vice-Chair.
To implement the staggered tenns, the Executive must appoint the Chair
and the Vice-Chair to
~
3-year tenn, the third public member to
~
one­
year tenn, and the two alternate public members to
~
2-year tenn. After
these initial appointments, the Executive must appoint each public
member to
~
3-year tenn, except any public member appointed to fill
~
vacancy. If
~
vacancy is created
Qy
~
public member's death, disability,
resignation, non-perfonnance of
~
or other cause, the Executive
~
must appoint, subject to Council confinnation,
public member
Each
recommended
Qy
the Council to complete the member's tenn.
public member must be:
ill
ill
ill
~
resident of the County;
knowledgeable in fiscal matters; and
currently unaffiliated with federal, state or local government
management or
~
labor union that represents federal, state or local
government employees.
Each public member must file
~
limited public financial disclosure
~
statement under Section 19A-17(a)(6).
ill
Composition.
An
arbitration panel contains
:2.
voting members and
non-voting members.
In
addition to the
:2.
voting public members
appointed
Qy
the Executive, one non-voting member must be selected
Qy
the certified employee representative involved in the impasse and
one non-voting member must be selected
Qy
the employer.
If
~
public
member is unavailable to serve on
~
panel, the Chair of the Panel must
designate an alternate public member to the panel on
~
rotating basis.
@:\laW\billS\1309 collective bargaining - interest arbitration-impasse panel\bill4.doc
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BILL
No. 9-13
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
@
Term.
An
arbitration panel selected under subsection
{£}
serves until the
Council takes final action on the collective bargaining agreement at
Impasse.
.
tru
Compensation.
Each arbitration panel member must serve without
compensation from any source for service rendered as
~
panel member,
except that an active employee member may receive administrative
leave to serve on
~
panel. The County must reimburse each panel
member for any expense required to serve on
~
panel. A panel member
must not receive reimbursement for expenses from any other source.
Procedure.
The Chair must preside at any hearing. If the Chair is
~
unavailable for
panel, the Vice-Chair must preside. If both the Chair
and the Vice-Chair are unavailable, the
J.
public members must select
~
Chair. A majority of the
resolving an impasse.
Approved:
J.
public members must vote for
~
decision
348
Nancy Navarro, President, County Council
Date
349
Approved:
350
Isiah Leggett, County Executive
Date
351
This is a correct copy ofCouncil action.
352
Linda M. Lauer, Clerk of the Council
Date
@t:\IaW\billS\1309 collective bargaining - interest arbitration·impasse panel\bill4.doc
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LEGISLATIVE REQUEST REPORT
Bill 9-13
Collective Bargaining -Impasse
-
Arbitration Panel
DESCRIPTION:
Bill 9-13 would establish an interest arbitration panel to resolve an
impasse, require an impasse arbitration hearing to be open to the
public, and generally amend County collective bargaining laws.
The current system of permitting the parties to jointly select a private
labor arbitrator to serve as both a mediator and arbitrator does not
provide sufficient accountability to the County taxpayers.
To increase the public accountability of the interest arbitration
system.
Human Resources, County Attorney
To be requested.
To be requested.
To be requested.
To be researched.
Robert H. Drummer, 240-777-7895
Not applicable.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
None.
f:\law\bills\1309 collective bargaining - interest arbitration-impasse panel\lrr
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Interest Arbitration Decisions Since 1988
#
1
Date
2/1911988
Union
FOP
2
2/25/1991
FOP
3
4
2/1211992
2119/1992
FOP
FOP
5
2/23/1993
FOP
6
3/2311994
FOP
7
8
9
4/25/1994
2/1411995
611211998
FOP
FOP
FOP
Arbitrator Issues
Fishgold
1. Indemnification of County for dues
checkoff.
2. 1 day of leave for occupational stress.
3. County - narrow non-discrimination
clause.
4. FOP - add traffic officers to PPV
program.
5.
FOP
-
reopener for disability
retirement.
6.
Differential pay for specialized
officers.
7. Clothing allowance.
8. Shift differential pay.
9. COLA (5.5% v. 3%)
Bloch
1. Maintenance of standards provision.
2. Alcohol/drug policy.
3. COLA (6.2% v. 0%)
4. Retirement Incentive Program (RIP)
Kennelly
1. FOP ­ add 1 additional step
2. COLA (me-too up to 2% v. 0%)
Bloch
1. Furlough procedures.
2. FOP - 4 days of compensatory leave for
furlough.
3. Reduce pay, 32 hours of annual leave
to be used in 2 years.
Porter
1. COLA (3% v. 1.5%)
2. FOP - RIP.
3. Increase clothing allowance.
4. Increase pay differential.
Bloch
1. Health insurance policy.
2. COLA (2.7% v. 2.5%).
3. Disability leave - donations of sick
leave.
Fasser
1. Eligibility for RIP enacted by Council.
S. Strongin 1. COLA (2.9% v. 1.5%).
2. Partial SCDR (66
2/3%
v. variable).
1. FOP - change disability procedures.
Oldham
2. FOP - County option - DROP.
3. FOP - increase COLA for retirees.
4. FOP - increase multiplier for over 65.
5. FOP - increase employee retirement
contribution.
Award
FOP
County
FOP
FOP
FOP
FOP
FOP
FOP
FOP
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10
2/26/2001
11
FOP
FOP
S. Strongin
Sharnoff
2/24/2003
12
3/19/2004
IAFF
LaRue
13
3/15/2007
FOP
Bloch
Bloch
Bloch
Fishgold
14
11129/2007
FOP
15
5/812008
FOP
16
3/2010
FOP
17
3/22/2010
MCGEO Vaughn
18
2/0112011
IAFF
Vaughn
19
2/18/2011
FOP
Barrett
1. COLA ($2800
+
$600 v. $2500).
2. FOP - shift differential re-opener.
1. FOP - 1 additional personal leave day.
2. FOP - compressed schedule for special
assignment.
3.
FOP - increase PPV for canme
officers.
4. COLA (3.5% v. 2%).
5. Selection of attorneys for criminal
offense.
6. County - single issue arbitration for
changes to directives.
1. IAFF - Increase the multiplier for
calculating pension for integrated plan
after reaching Social Security age.
1. FOP - Police Hearing Board decision to
bind Chief on discipline.
County agreed to FOP offer.
1. Implementation of mobile video
system.
1. FYll service and longevity increments
(3.5% v. 0%).
2. Reinstitute tuition assistance for FYIl.
1. RIF procedures and limits.
2. RIP savings to reduce RIFs in
bargaining unit.
1. Health, prescription drug, dental,
vision, life, and disability insurance
premium splits.
2. Prescription drug and life insurance
benefits.
3. Employee retirement contributions.
4. Critical Incident Stress Management
Team, Out of class work, Compensatory
time
1. Service increment (3.5%v.0%)
2. Health, prescription drug, dental,
vision, life, and disability insurance
premium splits.
3. Prescription drug and life insurance
benefits.
4. Employee retirement contributions.
5. Tuition Assistance
"FOP
County
I
IAFF
FOP
Settled
CountyL
FOP"
County
IAFF
FOP
FOP appealed decision and Circuit Court held that item 6 was invalid under Police Collective Bargaining Law.
2
The FOP appealed the decision and Circuit Court upheld the arbitrator's decision.
3
The Council rejected the arbitrator's award.
1
The
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20
3/28/2011
MCGEO LaRue
1. Health, prescription drug, dental,
vision, life, and disability insurance
premium splits.
2. Prescription drug and life insurance
benefits.
3. Employee retirement contributions.
4. Multi-lingual pay, court time,
attendance incentive, and classification
studies
MCGEO
F:\LA w\BILLS\1309 Collective Bargaining - Interest Arbitration-Impasse Panel\Interest Arbitration Decisions Since 1988 Updated. Doc