§ 4-5-505. BINDING ARBITRATION.

(a)

Impasse . If the County Administration and the exclusive representative are unable to reach an agreement on wages, hours, or terms and conditions of employment by February 1, an impasse may be declared in the negotiations with the exclusive representative with which there is no agreement, by either party by sending written notice to the other party.

(b)

Selection of arbitrator.

(1)

Within 5 calendar days after receipt of the written notice as provided in subsection (a) of this section, the parties shall designate a member of the arbitration panel as the arbitrator.

(2)

The parties shall alternately strike names and keep track of the order of the strike.

(3)

The party striking first shall be determined by a coin toss.

(4)

The last remaining arbitrator shall be deemed to be selected by the parties.

(5)

The arbitrator shall be informed of the arbitrator's selection as soon as possible by the parties.

(6)

If the arbitrator is unwilling or unable to serve as the arbitrator, the last previous strike from the arbitration panel shall be selected as the arbitrator.

(7)

Until an arbitrator has been selected and the arbitrator is willing and able to serve, the procedure set forth in this subsection shall be followed through all names on the arbitration panel.

(c)

Submission of list of subject area of bargaining. Within 6 days after the selection of the arbitrator, each party shall submit to the arbitrator and the other party:

(1)

A list of subject areas of bargaining or a portion of a subject area of bargaining where the parties have reached an agreement; and

(2)

A list of subject areas of bargaining or a portion of a subject area of bargaining where the parties have not reached an agreement and the party's position in regard to the subject area of bargaining or a portion of a subject area of bargaining.

(d)

Submission of final position.

(1)

Within 7 calendar days after receipt of the submissions provided for in subsection (c) of this section, the County Executive and the exclusive representative shall submit in writing to the arbitrator and the other party their position in regard to any portion of each subject area of bargaining as to which the parties have not reached agreement.

(2)

This position shall be referred to as the party's "final position" and need not be the same as the position set forth in the list submitted under subsection (c) of this section.

(e)

Arbitration hearing.

(1)

The arbitrator shall schedule a hearing in Baltimore County to begin as soon as possible, but in no event more than 14 calendar days after the date of the submission of the parties' final position as provided for in subsection (d) of this section.

(2)

The arbitration hearing may not be open to the public and shall be conducted consistent with the rules and regulations of the American Arbitration Association.

(3)

Each party shall be responsible for the costs of their own attorney and expert witnesses.

(f)

Role of the arbitrator.

(1)

The arbitrator shall:

(i)

Be responsible for conducting the proceedings provided for under this section;

(ii)

Review the final positions of the parties;

(iii)

No later than the last business day of March, issue a written decision that:

1.

Includes the arbitrator's decision as to any subject area of bargaining or any portion of a subject area that is in dispute; and

2.

Adopts all of the final positions of either the County Administration or the exclusive representative; and

(iv)

Shall direct the County Administration and the exclusive representative or their designee to prepare a proposed memorandum of understanding which incorporates the written decision under this subsection.

(2)

If necessary, the arbitrator shall, in the written decision, decide any dispute concerning the negotiability of any subject area of bargaining or any portion of a subject area of bargaining.

(g)

Factors to consider.

(1)

In making the decision under subsection (f) of this section, the arbitrator shall take into consideration, among other pertinent factors:

(i)

The existing terms and conditions of employment of the employees of the representation unit;

(ii)

The wages, hours, or terms and conditions of employment of other employees performing similar services in comparable departments in the State of Maryland, taking into consideration the cost of living index for the area in which any such comparable department is located;

(iii)

The wages, hours, or terms and conditions of employment of other Baltimore County employees;

(iv)

The last published annual U.S. Department of Labor Consumer Price Indexes For All Urban Consumers, All Items, Washington-Baltimore Index;

(v)

The special nature of the work performed by the employees of the representation unit including:

1.

Hazards of employment;

2.

Physical requirements of employment;

3.

Educational qualifications;

4.

Job training and job skills;

5.

Shift assignments; and

6.

The demands placed on the employees compared to the demands placed on other Baltimore County employees;

(vi)

State and county mandated expenditures;

(vii)

The availability of funds, including financial resources and sources of additional revenue; and

(viii)

The interest and welfare of the public.

(2)

In considering the availability of funds, the arbitrator:

(i)

Shall only consider the general fund revenues for the upcoming fiscal year under § 706(a)(1) of the Charter; and

(ii)

May not consider funds for capital improvements or surplus contingency or reserve funds under § 706(a)(3) and (6) of the Charter.

(h)

Executive action.

(1)

Within 20 days after the conclusion of the arbitration hearing or after the submission of post- hearing briefs and in no event later than the last business day of March, the arbitrator shall submit the written decision and the proposed memorandum of understanding to the County Executive.

(2)

The decision and the proposed memorandum of understanding shall be binding on the County Executive, the exclusive representative, and individual employees in the representation unit.

(3)

(i)

In accordance with Article VII of the Charter, the County Executive shall submit to the County Council in a timely manner the provisions of the memorandum of understanding that require an appropriation of funds or the enactment of legislation.

(ii)

The County Executive shall undertake all administrative and executive action necessary to submit legislation to carry out the decision issued by the arbitrator.

(4)

The submission of legislation to the County Council fulfills the obligations of the County Executive under this section.

(i)

Council action. The County Council is not bound by any decision made under this section and may act upon the submitted legislation to implement the memorandum of understanding under this section in accordance with the provisions of the Charter.

(j)

Duration of agreement. A resolution of a dispute reached in accordance with this section shall be for no more than one fiscal year.

(k)

Arbitrator may mediate. Nothing in this section shall be construed to prevent the arbitrator from acting as a mediator and attempting to mediate a dispute at any time before the final resolution of the arbitration as provided for in this section.

(l)

Continuing negotiations.

(1)

The parties are strongly encouraged to reach an agreement on all issues whenever possible.

(2)

This section may not be construed to interfere with any efforts the parties may undertake to reach an agreement concerning any disputes at any time.

(m)

Exclusive procedure. This section shall be the exclusive procedure for resolving disputes between the parties unless the parties, by mutual agreement, determine to use another or additional dispute resolution procedure during any period of negotiations.

(n)

Changes to a memorandum of understanding. If a memorandum of understanding covering the police officers or the professional firefighters and paramedics expires after the exclusive representative has given notice of its desire to enter into collective bargaining for a successor memorandum of understanding but before the successor memorandum of understanding becomes effective, the county may not, without the written approval of the exclusive representative, make any changes in the wages, hours, or terms and conditions of employment of the employees in the bargaining unit between the expiration of the current memorandum of understanding and the effective date of the successor memorandum of understanding.

(1988 Code, § 25-61) (Bill No. 61-03, § 2, 11-1-2003; Bill No. 73-04, § 10, 9-25-2004)