Sec. 13A-111. Procedures pertaining to collective bargaining impasses other than those involving protective service employees

If after a reasonable period of negotiation over the terms of an agreement, a dispute exists between the employer 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 March 1, an impasse shall automatically be considered to have been reached provided that the employer and the exclusive representative may, by written agreement, extend the period for collective bargaining beyond the last day of February, in which event an impasse shall exist if, by the first calendar day after the end of any period of extension, the parties have failed to reach agreement.

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.

If an impasse is not resolved within 30 days after the matter has been submitted to mediation, either party may initiate arbitration.

An Impasse Arbitrator shall have power to mediate, hold hearings, compel the attendance of witnesses and the production of documents, review data, make public any recommendations or findings after notice to the parties and take whatever action the Arbitrator considers necessary to resolve the impasse, provided that such action does not impose a final and binding settlement on the parties except as mutually authorized by the parties, or except where the Impasse Arbitrator has denied a labor organization the right to strike and has in its discretion required compulsory binding arbitration. In such cases, the decision of the Impasse Arbitrator shall be submitted to the Council for approval. An arbitrator acting as a mediator shall not act as a fact finder or arbitrator in the same matter without the consent of the parties.

Confidential information disclosed by the parties to a mediator in the performance of the mediator's functions shall not be divulged voluntarily or by compulsion. All files, records, reports, documents or other papers received or prepared by a mediator while serving in such capacity shall be classified as confidential. The mediator shall not produce any confidential records of, or testify in regard to, any mediation conducted on behalf of any party to any case pending in any type of proceeding. A party shall have the right to bar an arbitrator who becomes privy to confidential information about that party gained through mediation techniques, from serving in any fact finding or arbitration role relevant to that dispute.

The employer shall have the power to enter into a written agreement with the exclusive representative setting forth an impasse procedure to resolve disputes over the terms or conditions of an initial or renewed collective bargaining agreement.

The employer, by collective bargaining agreement or by written memorandum, may at any time agree to submit any or all of the issues in dispute to final and binding arbitration.

Any final and binding settlement imposed upon the parties shall be subject to the same conditions for approval as set forth in Section 13A-109.

The Impasse Arbitrator, except as otherwise provided by mutual agreement of the parties, may return the parties to collective bargaining for any or all items in dispute or may refer such items as deemed necessary to the procedure outlined in Section 13A-110 with respect to deciding the negotiability of a matter within the meaning of this law, other applicable laws and the County Charter.

Nothing shall preclude a third party neutral from returning to mediation even after the institution of fact-finding or arbitration, or from utilizing such mediation techniques as may be appropriate while engaged in fact finding or arbitration.

The Impasse Arbitrator may not make recommendations or findings upon any matter which requires implementation by a body, agency or official which is not a party to the negotiations and who have not agreed to be a party to such impasse resolution.

From the date on which a collective bargaining notice is filed and ending on the date on which a collective bargaining agreement is concluded or, if impasse procedures have been invoked, until such time as the Arbitrator has certified that it or other authorized parties have terminated efforts to resolve the dispute, the labor organization party to the negotiations and the public employees it represents, shall not induce or engage in any strikes, and the employer shall refrain from unilateral changes in wages, hours or working conditions.