(a) Applicability. Except as provided in § 6-4-111, the procedure for resolving an impasse between the Administration and an exclusive representative is governed by this section.
(b) Impasse reached; mediation. If after a reasonable period of negotiation over the terms of an agreement, a dispute exists between the Administration and an exclusive representative with whom it is negotiating, the parties may mutually agree that an impasse has been reached. If a dispute exists as of February 14, an impasse shall automatically be considered to have been reached. Whenever an impasse has been reached, the dispute shall be submitted to mediation. If the parties are unable to agree on the mediator, the federal Mediation and Conciliation Service shall be requested to provide a mediator.
(c) Resolution of impasse; fact finder. If an impasse is not resolved at least 35 days before the budget submission date, a fact finder shall be selected by mutual agreement between the Administration and the exclusive representative. If the Administration and the exclusive representative are unable to agree on the selection of the fact finder at least 31 days prior to the budget submission date, they shall make their selection from a panel of neutrals maintained by the American Arbitration Association in accordance with § 6-4-107(e).
(d) Findings of fact and recommendations. The fact finder shall meet with the parties and shall make written findings of fact and recommendations for the resolution of the dispute at least 10 days before the budget submission date. The findings of fact and recommendations shall include the identification of the major issues in the dispute, review of the positions of the parties, and resolution of factual differences.
(e) Consideration of pertinent factors. In making findings and recommendations, the fact finder shall take into consideration the pertinent factors, including the following:
(1) wages, benefits, hours, and other working conditions of other local government employees, both in the County and in other State political jurisdictions;
(2) wages, benefits, hours, and other working conditions of employees of private employers in the County;
(3) the value of other benefits available to or received by County employees as compared with private sector employees in the County;
(4) cost-of-living information; and
(5) the availability of funds.
(f) Parties to receive copies of findings and recommendations. The fact finder shall send copies of findings and recommendations made under subsection (d) to the County Executive, the exclusive representative, and the mediator. The mediator may thereafter assist the parties to effect a voluntary resolution of the dispute.
(g) County Council action on impasse.
(1) If the dispute remains unresolved by the budget submission date, the County Executive shall submit to the County Council a copy of the findings of fact and recommendation of the fact finder, together with the County Executive's recommendations for settling the dispute, and the exclusive representative shall submit to the County Council its recommendations for settling the dispute.
(2) The County Council shall immediately conduct a public hearing. At the public hearing the parties shall explain their positions with respect to the report of the fact finder.
(3) After the hearing, but before the passage in final form of the annual budget and appropriation ordinance, the County Council shall take the action it determines to be in the public interest, including the interest of the County employees involved. The decision of the County Council shall be final. If additional funds are required to implement the decision, the County Council shall send a supplemental budget request to the County Executive by resolution.
(4) The cost of mediation and fact finding shall be borne equally by the parties involved in the dispute.
(1985 Code, Art. 8, § 4-110) (Bill No. 1-03; Bill No. 23-04; Bill No. 88-10; Bill No. 4-11; Bill No. 91-12)