<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".02" citation="COMAR 14.30.14.02" title_num="14" subtitle_num="30" chapter_num="14" heading="Public School Certificated and Non-Certificated Employees: Impasses in Negotiations over Collective Bargaining Agreements.">
  <paragraph num="A.">
    <text>Requests for Determination that an Impasse in Negotiations Has Been Reached.</text>
    <paragraph num="(1)">
      <text>A party requesting a determination that an impasse in negotiations has been reached may request relief from the Board by completing and filing the appropriate form.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>In response to a filing of the appropriate form, the Board shall, after internal deliberations and investigation, issue either:</text>
      <paragraph num="(a)">
        <text>The notice of determination that an impasse in negotiations has been reached; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The notice of determination that an impasse in negotiations has not been reached.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Determination of Impasse in Negotiations.</text>
    <paragraph num="(1)">
      <text>If the Board determines that an impasse is reached in negotiations between a public-school employer and an employee organization that is designated as an exclusive negotiating agent, the Board shall within 10 calendar days:</text>
      <paragraph num="(a)">
        <text>Request last and best offers from the public-school employer and the employee organization, which may not include items or topics not previously raised in the bargaining process. The last and best offers shall list separately every term or condition of employment in dispute and the demand of the party making the last and best offer; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Order the public-school employer and the employee organization to commence mediation within 14 days after the Board’s determination that an impasse has been reached.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Within 5 calendar days after an order to mediate, the parties shall select a mediator by:</text>
      <paragraph num="(a)">
        <text>Agreement; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Alternate striking from a list of seven neutral parties furnished by the Federal Mediation and Conciliation Service or the American Arbitration Association.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Further proceedings for resolving the impasse shall be conducted as set forth in Education Article, §6-406(e)(4)—(14), Annotated Code of Maryland.</text>
  </paragraph>
</regulation>