Chapter 14. Impasse Procedures for Collective Bargaining
Regulation .01 State Government Employees.LinkCopy Citation
A.
Offer of or Request for Mediation. The Board may, on its own initiative, offer mediation to the parties. Either party may also request that the Board appoint a mediator. Acceptance of an offer of mediation or agreement to participate in mediation is voluntary. If either party declines mediation after it has been requested by a party or offered by the Board, that party shall decline the mediation services in writing with a brief statement of the reason for declining to participate in mediation.
B.
An original and one copy of the request for mediation shall be filed with the Board and served on the other party.
C.
Mediation for State government employees is a consensual process by which the parties are assisted by a mediator in voluntarily arriving at an agreement and under which neither party is nor can be compelled to make a concession or enter into an agreement.
D.
Appointment of Mediator. Upon receipt of a request for mediation, the Board may, with the consent of both parties and after consultation with the parties, appoint an impartial and disinterested individual as mediator, including a Member of the Board, or may request mediation by Federal Mediation and Conciliation Service.
E.
Confidential Nature of Mediation.
(1)
Any information, either written or oral, disclosed by the parties to the mediator in the performance of mediation duties may not be discussed by the mediator voluntarily or by compulsion unless approved by the parties involved.
(2)
The mediator may not disclose any information with regard to any mediation conducted on behalf of any party to any cause pending in a proceeding before a court, Board, or investigatory body. The mediator shall respectfully decline, by reason of this regulation, to divulge any information disclosed by a party in the performance of the mediator’s duties.
(3)
The request for mediation and the parties’ responses are confidential and may not be disclosed by any party.
Regulation .02 Public School Certificated and Non-Certificated Employees: Impasses in Negotiations over Collective Bargaining Agreements.LinkCopy Citation
A.
Requests for Determination that an Impasse in Negotiations Has Been Reached.
(1)
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.
(2)
In response to a filing of the appropriate form, the Board shall, after internal deliberations and investigation, issue either:
(a)
The notice of determination that an impasse in negotiations has been reached; or
(b)
The notice of determination that an impasse in negotiations has not been reached.
B.
Determination of Impasse in Negotiations.
(1)
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:
(a)
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
(b)
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.
(2)
Within 5 calendar days after an order to mediate, the parties shall select a mediator by:
(a)
Agreement; or
(b)
Alternate striking from a list of seven neutral parties furnished by the Federal Mediation and Conciliation Service or the American Arbitration Association.
C.
Further proceedings for resolving the impasse shall be conducted as set forth in Education Article, §6-406(e)(4)—(14), Annotated Code of Maryland.
Regulation .03 Public School Certificated and Non-Certificated Employees: Impasses in Negotiations over New Employee Processing.LinkCopy Citation
A.
If any negotiations over new employee processing have not been resolved within 45 days after the first meeting of the public school employer and the exclusive representative on this matter, or within 60 days after an initial request to negotiate, whichever occurs first, either party may request that the Board declare an impasse.
B.
The regulations governing impasses in negotiations over collective bargaining agreements shall also apply to impasses in negotiations over new employee processing.
C.
In resolving impasses in negotiations over new employee processing, the mediator or Board shall consider the factors identified in Education Article, §6-405(a)(2)(iii), Annotated Code of Maryland.
Regulation .04 State Higher Education Employees.LinkCopy Citation
A.
Notice of Impasse — Contents. If it appears that an impasse has been reached during collective bargaining negotiations and the parties do not have a ground rule or other agreement providing for the resolution of the impasse, the Executive Director may be notified in writing by one or both of the parties. The notice of impasse shall include the following:
(1)
The names of the chief negotiators for each party;
(2)
The expiration date of the existing collective bargaining agreement, if any;
(3)
A description of the unit affected by the impasse, including the approximate number of employees in the unit;
(4)
The date when negotiations commenced and the date of the last meeting; and
(5)
The matters at impasse and any other relevant facts, including a list of specific labor organization or employer demands or both, upon which impasse has been reached.
B.
Voluntary Impasse Assistance.
(1)
Upon receipt of a notice of impasse, the Executive Director or designee shall initiate an informal inquiry.
(2)
Unless jointly filed, the Executive Director or designee shall verify with the other party that the parties are at impasse.
(3)
Upon confirmation or receipt of a joint notice of impasse, the parties may voluntarily agree to mediate the impasse and select a mediator. If the parties are unable to mutually agree on the selection of a mediator, the Chair or Executive Director shall advise the parties of third-party mediation options, which may include a member of the Board, or may request mediation by a third-party mediation service.
(4)
The parties shall bear any cost associated with the use of third-party mediation services.
C.
Mediator’s Report. If, upon exhaustion of mediation efforts, the dispute remains unresolved, upon agreement of both parties, the mediator may file a fact finding and objective status report with the Board outlining the matters that were resolved and those that remain outstanding.
Regulation .05 Community College Faculty: Impasses in Negotiations for Collective Bargaining Agreements.LinkCopy Citation
A.
Mediation.
(1)
If a party determines that an impasse exists, that party may request the assistance of the Board in mediation or engage another mediator mutually agreed to by the parties.
(2)
If a party requests mediation assistance from the Board, an original and one copy of the request for mediation shall be filed with the Board and served on the other party.
(3)
Mediation for community college faculty is a consensual process by which the parties are assisted by a mediator in voluntarily arriving at an agreement and under which neither party is nor can be compelled to make a concession or enter into an agreement.
(4)
Appointment of Mediator. Upon receipt of a request for mediation, the Board may, with the consent of both parties and after consultation with the parties, appoint an impartial and disinterested individual as mediator, which may be a member of the board, or may request mediation by the Federal Mediation and Conciliation Service.
(5)
Confidential Nature of Mediation.
(a)
Any information, either written or oral, disclosed by the parties to the mediator in the performance of mediation duties may not be discussed by the mediator voluntarily or by compulsion unless approved by the parties involved.
(b)
The mediator may not disclose any information with regard to any mediation conducted on behalf of any party to any cause pending in a proceeding before a court, Board, or investigatory body. The mediator shall respectfully decline, by reason of this regulation, to divulge any information disclosed by a party in the performance of the mediator’s duties.
(c)
The request for mediation and the parties’ responses are confidential and may not be disclosed by any party.
B.
Fact-Finding Instead of Mediation.
(1)
If the parties do not mutually agree to mediation, then either party may petition the Board to initiate fact-finding. A petitioning party shall inform the Board of any notification deadlines to which it is subject.
(2)
The Board shall, based on the status of bargaining and the budget schedule of the public employer, determine whether an impasse exists, and if the Board finds an impasse it shall notify the parties that fact-finding is to be initiated.
(3)
A public employer and the exclusive representative may select their own fact finder.
(4)
If the parties have not selected their own fact finder within 5 days of any required notification, or within 20 days of petitioning the Board for fact-finding, whichever is sooner, the Board shall submit to the parties the names of five qualified individuals.
C.
Each party alternately shall strike two names from the list with the remaining individual being the fact finder.
D.
Fact-finding shall be conducted as set forth in Education Article, §16-707(b)—(e), Annotated Code of Maryland.
Chapter annotations
Authority: State Government Article, §22-306(e), Annotated Code of Maryland
History: Effective date: May 13, 2024 (51:9 Md. R. 441)