(a) The County and an exclusive bargaining representative shall have the duty to bargain in good faith for the purpose of entering into a collective bargaining agreement. All collective bargaining shall occur only between the parties' respective designated representatives.
(b) The County or the exclusive bargaining representative may initiate a request to bargain by submitting a written request to the other party or the LRA. Within ten business days from the receipt of the request, the parties' designated representative(s) shall mutually agree upon and schedule dates and times to meet.
(c) Collective bargaining shall be conducted in accordance with the rules established by the parties' representatives at the commencement of the process. All discussions will be conducted in a professional and courteous manner.
(d) Nothing in this chapter requires either party to make any concessions or agree to the other party's proposals.
(e) In any year in which the County and an exclusive bargaining representative bargain collectively, the parties shall jointly select a neutral who shall, if necessary, serve as a mediator and/or arbitrator. The neutral may be the LRA, or the parties may select a different neutral. If the parties do not agree on a neutral, then they shall request a list of neutrals from an impartial agency (AAA or FMCS) and use that agency's process selecting a neutral. The neutral must be selected within ninety days of the start of bargaining and must be available during the bargaining process. Fees and expenses of the neutral shall be shared equally by the County and an exclusive bargaining representative.
(f) Subjects of bargaining.
(1) Mandatory subjects of bargaining shall include wages, benefits, and working conditions, unless specifically identified as a prohibited subject in this chapter.
(2) All other labor related subjects are permissive subjects of bargaining.
(g) Mediation and declaration of impasse.
(1) Mediation:
A. During collective bargaining, if the parties cannot reach agreement on any issue, either party may declare their intent to file for mediation with at least thirty (30) days prior written notice to the LRA and the opposing party.
B. A bona fide impasse exists if the selected neutral finds that the parties are unable to resolve any remaining issues 30 days after commencement of the mediation process.
(2) CBA Impasse Procedure:
A. If an impasse is declared, the parties will submit to arbitration/factfinding. Unresolved non-financial issues shall be resolved via binding arbitration; unresolved financial issues shall be resolved via non-binding factfinding.
B. Parties are to submit a copy of proposals for each unresolved issue to be considered by the neutral, all settled matters, and relevant information and data supporting the parties' proposed resolutions. The neutral may hold a hearing for oral arguments on, and/or permit each party to respond to or rebut the competing proposals.
C. The neutral shall issue a written determination that contains findings of facts and recommendations for settlement of the unresolved items. The neutral shall issue a determination no more than forty-five days after the initiation of impasse proceedings. In making a determination under this subsection, the neutral must consider at least the following factors:
1. Past collective bargaining agreements between the parties, including the past bargaining history that led to the agreements, or the pre-collective bargaining history of employee wages, benefits, and working conditions.
2. Comparison of wages, benefits, and working conditions of similar employees of other public employers in the Capitol Metro Region defined as Loudoun County, Arlington County, Alexandria City, Prince William County, and Fairfax County, Montgomery County (MD), Frederick County (MD) Prince George's County (MD), the District of Columbia, and incorporated cities and towns wherein.
3. Comparison of working conditions of other Loudoun County personnel.
4. The interest and welfare of the public.
5. The effect of the adjustments on the standard of public services provided by the employer.
D. For non-fiscal items, the written determination made by the neutral shall be integrated with all previously agreed on items in the collective bargaining agreement. The written determination regarding fiscal items, shall go to the Board for a determination. If the Board approves the fiscal items, then they are included in the collective bargaining agreement.
(h) Any tentative collective bargaining agreement that affects the Board's budget process and
is intended to begin at the start of the upcoming fiscal year must be received by the Board for consideration by December 1.
(i) Approval of tentative agreement.
(1) When the parties reach a tentative agreement, they shall reduce it to writing and the parties' representatives shall execute it with the appropriate signatures.
(2) The executed tentative agreement is then submitted to the exclusive bargaining representative for ratification in accordance with the bargaining representative's governing/ratification procedures. Upon the exclusive bargaining representative's ratification, the tentative agreement will be submitted to the Board of Supervisors for approval. No collective bargaining agreement shall have any force or effect until final action on the agreement is taken by the Board.
(3) Approval of the tentative agreement by the Board shall serve to signify the Board's good faith commitment to appropriate the funding necessary for the County to meet its obligation under the tentative agreement as part of the County's budget approval process.
(4) If the exclusive bargaining representative of either party does not ratify the tentative agreement, or the Board does not approve the agreement, the parties must reopen negotiations, with the good faith objective to negotiate provisions that will be acceptable to the parties.
(Ord. 21-19. Passed 12-7-21.)