<?xml version='1.0' encoding='utf-8'?>
<section article="ged" article_name="Education" number="23-909" title_number="23" title_name="Libraries" subtitle_number="9" subtitle_name="Public Libraries -- Collective Bargaining">
  <level label="a">
    <level label="1">
      <text>Except as provided in paragraph (2) of this subsection, the employer and the certified exclusive representative shall reach an agreement by February 1 of the year in which a collective bargaining agreement will expire.</text>
    </level>
    <level label="2">
      <text>Subject to paragraph (3) of this subsection, the employer and the certified exclusive representative mutually may agree to extend negotiations for a period not to extend past June 30 of the year in which a collective bargaining agreement will expire.</text>
    </level>
    <level label="3">
      <text>Any extension must acknowledge any relevant county budgetary deadlines in writing to ensure that parties meet crucial funding deadlines.</text>
    </level>
  </level>
  <level label="b">
    <text>An impasse is reached during the negotiations between the employer and the certified exclusive representative if the employer and the certified exclusive representative do not reach an agreement by:</text>
    <level label="1">
      <text>Stating they have mutually agreed that they are at an impasse;</text>
    </level>
    <level label="2">
      <text>February 1 of the year in which a collective bargaining agreement will expire; or</text>
    </level>
    <level label="3">
      <text>If negotiations were extended, the date to which negotiations were extended under subsection (a)(2) of this section.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>If an impasse is reached under subsection (b) of this section, the employer and the certified exclusive representative shall each submit a final offer to the other party within 48 hours after the impasse is reached.</text>
    </level>
    <level label="2">
      <text>Unless the impasse reached under subsection (b) of this section has been resolved, the dispute and the final offers shall be submitted to the mediator selected by the parties in accordance with subsection (d) of this section.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>Within 30 days after a mediator is selected by the parties, the mediator shall:</text>
      <level label="i">
        <text>Meet with the employer and the certified exclusive representative; and</text>
      </level>
      <level label="ii">
        <text>Make written findings of fact and recommendations for the resolution of the dispute in accordance with this subsection.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>If the parties are unable to agree on a mediator, they shall request a list of seven mediators from the Federal Mediation and Conciliation Service.</text>
      </level>
      <level label="ii">
        <level label="1">
          <text>Subject to subsubparagraph 2 of this subparagraph, within 3 working days after receiving the list under subparagraph (i) of this paragraph, the parties shall alternately remove one mediator from the list until only one mediator remains, who the parties shall agree will serve as the mediator under this subsection.</text>
        </level>
        <level label="2">
          <text>The parties shall select which party removes the first mediator from the list by using a selection method that is random and of equal chance for both parties.</text>
        </level>
      </level>
    </level>
    <level label="3">
      <text>The mediator shall act as an intermediary in bringing the parties together and shall actively assist the parties in resolving the dispute by:</text>
      <level label="i">
        <text>Conducting proceedings in accordance with this subsection;</text>
      </level>
      <level label="ii">
        <text>Identifying the major issues in the dispute between the parties;</text>
      </level>
      <level label="iii">
        <text>Reviewing the positions of the parties; and</text>
      </level>
      <level label="iv">
        <text>Recommending a resolution for the agreement of the parties.</text>
      </level>
    </level>
    <level label="4">
      <text>A resolution under this subsection:</text>
      <level label="i">
        <text>Shall address matters such as wages, hours, or terms and conditions of employment;</text>
      </level>
      <level label="ii">
        <text>Except for costs assessed to employees for health care benefits, may not include health care benefits unless the benefits are contracted directly through the public library system; and</text>
      </level>
      <level label="iii">
        <text>May not exceed 1 fiscal year, unless agreed to by the parties.</text>
      </level>
    </level>
    <level label="5">
      <level label="i">
        <text>Any resolution under this subsection regarding pension benefits shall be construed as a recommendation for consideration by the pension sponsor of the State or respective county.</text>
      </level>
      <level label="ii">
        <text>A change may not be made to pension benefits unless an appropriate plan amendment is adopted by the plan sponsor of the State or respective county.</text>
      </level>
    </level>
    <level label="6">
      <level label="i">
        <text>Before issuing a final decision, the mediator shall take into consideration, among any other relevant factors:</text>
        <level label="1">
          <text>The wages and pension benefits, not including health care benefits, of the employees of the bargaining unit;</text>
        </level>
        <level label="2">
          <text>The wages and pension benefits of other similarly situated employees performing similar services in libraries of comparable counties in the State, taking into consideration the cost–of–living index for the area in which the comparable county is located;</text>
        </level>
        <level label="3">
          <text>Wages and pension benefits of similarly situated county employees;</text>
        </level>
        <level label="4">
          <text>The last published annual U.S. Department of Labor Consumer Price Index for All Urban Consumers for All Items in the Washington–Baltimore area;</text>
        </level>
        <level label="5">
          <text>The special nature of the work performed by the employees of the bargaining unit, including:</text>
        </level>
        <level label="A">
          <text>Physical requirements of employment;</text>
        </level>
        <level label="B">
          <text>Educational requirements;</text>
        </level>
        <level label="C">
          <text>Job training and job skills; and</text>
        </level>
        <level label="D">
          <text>Shift assignments and the demands placed on the employees compared to the demands placed on other similarly situated library employees in comparable county jurisdictions;</text>
        </level>
        <level label="6">
          <text>State and county mandated expenditures;</text>
        </level>
        <level label="7">
          <text>Subject to subparagraph (ii) of this paragraph, availability of funds, including financial sources of revenue; and</text>
        </level>
        <level label="8">
          <text>The interest and welfare of the public.</text>
        </level>
      </level>
      <level label="ii">
        <text>In considering the availability of funds for wage increases, the mediator shall consider the general fund revenues of the respective county and any related county reports on revenues.</text>
      </level>
    </level>
    <level label="7">
      <text>A mediator may not consider testimony regarding funds for capital improvements, surplus contingency, or reserve funds.</text>
    </level>
    <level label="8">
      <level label="i">
        <text>The parties are strongly encouraged to reach an agreement on all issues whenever possible.</text>
      </level>
      <level label="ii">
        <text>If no agreement can be reached by the parties, the mediator shall issue a report with the mediator’s decision, including written findings of fact.</text>
      </level>
    </level>
    <level label="9">
      <text>The mediator may adopt a package of final positions or rule on each matter separately.</text>
    </level>
    <level label="10">
      <text>The mediator shall submit copies of the mediator’s written findings and recommendations to the employer and the certified exclusive representative on or before the immediately following April 2.</text>
    </level>
    <level label="11">
      <text>Any costs associated with this subsection shall be shared equally by the employer and the certified exclusive representative.</text>
    </level>
    <level label="12">
      <text>This subsection may not be construed to interfere with any efforts the parties may undertake to reach an agreement at any time.</text>
    </level>
    <level label="13">
      <text>The funding body of the applicable county is not bound by any decision made under this subsection.</text>
    </level>
    <level label="14">
      <text>The procedure in this subsection shall be the exclusive procedure for resolving disputes between the parties, unless the parties, by mutual agreement, determine to use another method of dispute resolution.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>The mediator shall submit the findings and recommendations of the mediator to the employer in a timely manner consistent with the timing of paragraph (2) of this subsection.</text>
    </level>
    <level label="2">
      <text>The employer shall approve all recommendations and findings of the mediator that do not require an appropriation of additional funds within 14 days after the mediator’s decision.</text>
    </level>
  </level>
</section>
