(a) Applicability. The procedure for resolving an impasse between the Administration and a Uniformed Public Safety Exclusive Representative is governed by this section.
(b) Mediation and arbitration. If the Administration and a Uniformed Public Safety Exclusive Representative are at impasse on February 28, the Administration and the Uniformed Public Safety Exclusive Representative may agree to mediation as provided in subsection (c) and shall commence arbitration procedures in accordance with subsection (e).
(c) Non-binding mediation. If the Administration and a Uniformed Public Safety Exclusive Representative agree to mediation under subsection (b), the mediation shall be non-binding; conducted by a neutral mediator selected by the Administration and the Uniformed Public Safety Exclusive Representative, or in the event the Administration and the Uniformed Public Safety Exclusive Representative are unable to agree upon a mediator, by a neutral mediator selected from a list provided by the Federal Mediation and Conciliation Service; and conducted in a manner agreed to by the Administration and the Uniformed Public Safety Exclusive Representative.
(d) Mediation statements or positions as evidence in other proceedings. No statement made or position taken during mediation under this section may be used as evidence in any other proceeding.
(e) Arbitration. If the Administration and a Uniformed Public Safety Exclusive Representative are at impasse on February 28, the Administration and the Uniformed Public Safety Exclusive Representative shall:
(1) by March 2, apply to the American Arbitration Association for a list of nine neutral labor arbitrators who are members of the National Academy of Arbitrators and who are familiar with impasse disputes and interest arbitration;
(2) pursuant to an application made under subsection (e)(1), instruct the American Arbitration Association to provide a list of neutral arbitrators by March 18 and ensure that all of the arbitrators on the list provided are available to conduct hearings and to issue a final written award by April 20;
(3) by March 10, reduce to writing a memorandum of agreed issues that states all the terms and conditions of employment upon which they agree;
(4) by March 17, simultaneously exchange final offers that contain all of the proposed terms and conditions for a memorandum of agreement between the County and the Uniformed Public Safety Exclusive Representative, including a proposed term of the memorandum of agreement of not less than one fiscal year and not more than three fiscal years; and
(5) by March 21, select a neutral arbitrator in accordance with subsection (g).
(f) Alternative arbitrator lists. If the American Arbitration Association is unable to satisfy the requirements of subsection (e), the Administration and the Uniformed Public Safety Exclusive Representative shall:
(1) agree to accept a list of fewer than nine arbitrators; or
(2) request from the Federal Mediation and Conciliation Service a supplementary or alternative list of neutral labor arbitrators who are members of the National Academy of Arbitrators; familiar with impasse disputes and interest arbitration; and available to conduct hearings and issue a final written award by April 20.
(g) Selection of neutral arbitrator. The Administration and the Uniformed Public Safety Exclusive Representative shall select the neutral arbitrator by:
(1) tossing a coin to determine whether the Administration or the Uniformed Public Safety Exclusive Representative shall strike the first arbitrator from the list or lists provided under subsections (e) and (f); and
(2) after the first strike, alternately striking names from the list or lists provided under subsections (e) and (f) until one arbitrator remains.
(h) Alternative neutral arbitrator. If the neutral arbitrator selected under subsection (g) is unwilling or unable to serve as the arbitrator, then the Administration and the Uniformed Public Safety Exclusive Representative shall select the arbitrator whose name was the last stricken under subsection (g).
(i) Powers and duties of neutral arbitrator. After conferring with the Administration and the Uniformed Public Safety Exclusive Representative, the neutral arbitrator selected under this section shall:
(1) convene and adjourn a hearing, which may be closed in accordance with law;
(2) administer oaths;
(3) issue subpoenas duces tecum to compel the production of relevant and non-privileged documents and other tangible evidence to be produced at a time prior to a hearing or at a hearing;
(4) issue subpoenas to compel the attendance and testimony of witnesses, except that no elected official of the County or of the State may be compelled to appear and testify;
(5) sequester witnesses, if requested; and
(6) decide whether to hear evidence offered through a proffer.
(j) Determinations of neutral arbitrator. The neutral arbitrator selected under this section shall:
(1) have full authority to hear and decide all issues in dispute including matters of procedure and the scope of the arbitration;
(2) receive and enter into the record the final offers of the Administration and the Uniformed Public Safety Exclusive Representative;
(3) receive and consider evidence regarding:
(i) the wages, hours, working conditions, or other terms and conditions of employment of similar public employees in comparable surrounding jurisdictions;
(ii) the wages, hours, working conditions, and other terms and conditions of employment of other Anne Arundel County employees;
(iii) the nature of the work performed by employees represented by the Uniformed Public Safety Exclusive Representative, including the hazards and risks of the employees' occupation; physical fitness requirements; training, certification, and licenses required by the employees' occupation; shift assignments; and work schedules;
(iv) the interests and welfare of the public and the reasonable interests of the employees represented by the Uniformed Public Safety Exclusive Representative;
(v) the value to the public of the services performed by the employees represented by the Uniformed Public Safety Exclusive Representative;
(vi) the ability of the County to fund the final offers proposed and the County's other general fund personnel costs;
(vii) the condition of the County's general operating fund;
(viii) increases or decreases in the cost of living for Anne Arundel County, comparable surrounding jurisdictions, and the State of Maryland as reported by the Bureau of Labor Statistics of the United States Department of Labor;
(ix) the ability of the County and its employees to sustain the standard of services provided to the public; and
(x) such other information as the neutral arbitrator deems necessary to fully weigh the final offers of the Administration and the Uniformed Public Safety Exclusive Representative;
(4) issue a final written award that chooses between and sustains in its entirety either the final offer of the Administration or that of the Uniformed Public Safety Exclusive Representative and that briefly states an explanation as to why the selected final offer was chosen and why the rejected offer was not; and
(5) have copies of a final written award delivered to the Administration and the Uniformed Public Safety Exclusive Representative on or before the earlier of April 20 or within 10 days after the hearing is adjourned.
(k) Revision of final written award by neutral arbitrator. Upon a motion, notice, and after offering the Administration and the Uniformed Public Safety Exclusive Representative an appropriate opportunity to be heard, the neutral arbitrator may revise the final written award, if necessary, to correct clerical or other ministerial errors at any time within 10 days after issuing the award, but in no event later than April 30.
(l) Revision of final written award by agreement of parties. The Administration and the Uniformed Public Safety Exclusive Representative may agree to modify the final written award of the neutral arbitrator by a written agreement that is executed by the County Executive and the Uniformed Public Safety Exclusive Representative and the final written award as amended shall have full force and effect.
(m) Final written award final and binding. The final written award issued by the neutral arbitrator, or the final written award as modified in accordance with subsections (k), (l), or (p), and the memorandum of agreed issues shall be final and binding upon the County and the Uniformed Public Safety Exclusive Representative and shall be implemented as part of the budget process for the appropriate fiscal years.
(n) Petition to vacate final written award. The County or the Uniformed Public Safety Exclusive Representative may move to vacate all or part of the final written award of the arbitrator by filing a petition to vacate the arbitrator's final written award in the Circuit Court for Anne Arundel County in accordance with and subject to the Courts and Judicial Proceedings Article, § 3-224, of the State Code.
(o) Revision of final written award by Circuit Court. In the event the County or the Uniformed Public Safety Exclusive Representative files a petition to vacate under subsection (n), the Court may upon a motion, notice, and a hearing stay all or part of the final written award challenged should the Court find that a petition to vacate is supported by colorable grounds.
(p) Severability of provisions. Should any part of the final written award be vacated pursuant to a final order of the Court of competent jurisdiction, the portions of the final written award that are not vacated and the written memorandum of agreed issues shall be severable and given full force and effect.
(q) Time limits mandatory. All time limits in this section are mandatory except to the extent waived by the Administration and the Uniformed Public Safety Exclusive Representative in a written agreement.
(r) Costs shared. The parties shall share equally all costs and professional fees of mediators and arbitrators engaged under this section.
(1985 Code, Art. 8, § 4-110.1) (Bill No. 1-03; Bill No. 88-10; Bill No. 4-11; Bill No. 91-12)