Bill No.                18 -11                       

Concerning: Police Labor Relations – Duty to Bargain

Revised:  July 14, 2011, 2011 Draft No. 2

Introduced:      June 14, 2011                

Enacted:         July 19, 2011                 

Executive:       August 1, 2011              

Effective:        October 31, 2011           

Sunset Date:  None                             

Ch.   16    , Laws of Mont. Co.    2011    

 

County Council

For Montgomery County, Maryland

 

By: Council President on the recommendation of the Organizational Reform Commission

 

AN ACT to:

(1)        modify the scope of bargaining with the certified representative of police employees; and

(2)        generally amend County collective bargaining laws.

 

 

By amending

            Montgomery County Code

            Chapter 33, Personnel and Human Resources

            Sections 33-80 and 33-81

 

 

 

Boldface                                             Heading or defined term.

Underlining                                          Added to existing law by original bill.

[Single boldface brackets]                  Deleted from existing law by original bill.

Double underlining                              Added by amendment.

[[Double boldface brackets]]              Deleted from existing law or the bill by amendment.

*   *   *                                                  Existing law unaffected by bill.

 
 

 

 

 

 

 

 

 

 

 

 


The County Council for Montgomery County, Maryland approves the following Act:


          Sec. 1.  Sections  33-80 and 33-81 are amended as follows:

33-80.                   Collective bargaining.

(a)     Duty to bargain; matters subject to bargaining.  A certified employee organization and the employer must bargain collectively on the following subjects:

(1)     Salary and wages, provided, however, that salaries and wages shall be uniform for all employees in the same classification;

(2)     Pension and retirement benefits for active employees only;

(3)     Employee benefits such as, but not limited to, insurance, leave, holidays and vacation;

(4)     Hours and working conditions, including the availability and use of personal patrol vehicles;

(5)     Provisions for the orderly processing and settlement of grievances concerning the interpretation and implementation of the collective bargaining agreement, which may include binding third party arbitration and provisions for exclusivity of forum;

(6)     Matters affecting the health and safety of employees; and

(7)     Amelioration of the [The] effect on employees [of] when the employer’s exercise of rights listed in subsection (b) causes a loss of existing jobs in the unit.

*                 *                 *

33-81.                   Impasse procedure.

*                 *                 *

(b)     (1)     During the course of collective bargaining, either party may declare an impasse and request the services of the impasse neutral.  If the parties have not reached agreement by January 20, an impasse exists.

*                 *                 *

(3)     If the impasse neutral, in the impasse neutral's sole discretion, finds that the parties are at a bona fide impasse, the impasse neutral [shall] must require each party to submit a final offer which [shall] must consist either of a complete draft of a proposed collective bargaining agreement or a complete package proposal, as the impasse neutral [shall choose] chooses.  If only complete package proposals are required, the impasse neutral [shall] must require the parties to submit jointly a memorandum of all items previously agreed upon.

(4)     The impasse neutral may, in the impasse neutral's discretion, require the parties to submit evidence or make oral or written argument in support of their proposals.  The impasse neutral may hold a hearing for this purpose at a time, date and place selected by the impasse neutral.  Said hearing [shall] must not be open to the public.

*                 *                 *

(c)      An impasse over a reopener matter [or the effects on employees of an exercise of an employers right] must be resolved under the procedures in this subsection.  Any other impasse over a matter subject to collective bargaining must be resolved under the impasse procedure in subsections (a) and (b).

(1)     [Reopener matters.  (A)] If the parties agree in a collective bargaining agreement to bargain over an identified issue on or before a specified date, the parties must bargain under those terms.  Each identified issue must be designated as a "reopener matter."

[(B)(2)  When the parties initiate collective bargaining under [subparagraph (A)] paragraph (1), the parties must choose, by agreement or through the processes of the American Arbitration Association, an impasse neutral who agrees to be available for impasse resolution within 30 days.

[(C)(3)  If, after bargaining in good faith, the parties are unable to reach agreement on a reopener matter by the deadline specified in the collective bargaining agreement, either party may declare an impasse.

[(D)(4)  If an impasse is declared under [subparagraph (C)] paragraph (3), the dispute must be submitted to the impasse neutral no later than 10 days after impasse is declared. 

[(E)(5)  The impasse neutral must resolve the dispute under the impasse procedure in subsection (b), except that:

[(i)]    (A)  the dates in that subsection do not apply;

[(ii)]   (B)  each party must submit to the impasse neutral a final offer on only the reopener matter; and

[(iii)(C)  the impasse neutral must select the most reasonable of the parties' final offers no later than 10 days after the impasse neutral receives the final offers.

[(F)]   (6)  This subsection applies only if the parties in their collective bargaining agreement have designated:

[(i)]    (A)  the specific reopener matter to be bargained;

[(ii)]   (B)  the date by which bargaining on the reopener matter must begin; and

[(iii)(C)  the deadline by which bargaining on the reopener matter must be completed and after which the impasse procedure must be implemented.

[(2)    Bargaining over the effects of the exercise of an employer right.]

[(A)   If the employer notifies the employee organization that it intends to exercise a right listed in Section 33-80(b), the exercise of which will have an effect on members of the bargaining unit, the parties must choose by agreement or through the process of the American Arbitration Association an impasse neutral who agrees to be available for impasse resolution within 30 days.]

[(B)   The parties must engage in good faith bargaining on the effects of the exercise of the employer right.  If the parties, after good faith bargaining, are unable to agree on the effect on bargaining unit employees of the employer's exercise of its right, either party may declare an impasse.]

[(C)   If the parties bargain to impasse over the effects on employees of an exercise of an employer right that has a demonstrated, significant effect on the safety of the public, the employer may implement its last offer before engaging in the impasse procedure.  A party must not exceed a time requirement of the impasse procedure.  A party must not use the procedure in this paragraph for a matter that is a mandatory subject of bargaining other than the effects of the exercise of an employer right.]

[(D)   The parties must submit the dispute to the impasse neutral no later than 10 days after either party declares an impasse under subparagraph (B).]

[(E)    The impasse neutral must resolve the dispute under the impasse procedures in subsection (b), except that:

(i)      the dates in that subsection do not apply;

(ii)     each party must submit to the impasse neutral a final offer only on the effect on employees of the employer's exercise of its right; and

(iii)    the impasse neutral must select the most reasonable of the parties' final offers no later than 10 days after the impasse neutral receives the final offers and, if appropriate, must provide retroactive relief.]

[(F)    If the impasse neutral has not issued a decision within 20 days after the impasse neutral receives the parties' final offers, the employer may implement its final offer until the impasse neutral issues a final decision.]

Approved: