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Montgomery County Organizational Reform Commission )p> We a/sa recommend changing the method ofselecting the arbitrator to enhance the accountability of the arbitrator to the taxpayers. We recommend a three-person panel, with each party selecting one arbitrator and the third neutral arbitrator selected by the parties from a list ofpersons appointed by the Council to four-year terms. Public Accountability in Collective Bargaining Collective bargaining sessions with County government employee unions are held in meetings closed to the public. The proposals and counter-proposals made by each side are never made public. If the parties reach impasse and invoke interest arbitration, the evidentiary hearing conducted by the arbitrator must be closed to the public. The terms of a negotiated agreement or an arbitrator's award are not made public until they are sent to the Council for approval. The intent of this confidentiality is to encourage the parties to speak freely without fear of their statements being used against them. Attendance at negotiating sessions by members of the public and the news media could inhibit the free and open discussion necessary to resolve disputes. However, open meetings could also inhibit the parties from making unrealistic demands and statements. Collective bargaining in open meetings has been tried in Maryland. In 1981, the Carroll County Board of Education adopted a resolution that all collective bargaining meetings with the union representing public school teachers would be conducted in public. The union challenged the Board's resolution in Court, alleging that it was a failure to bargain in good faith. Despitetheauthoritytoconductclosedmeetingstodiscusscollectivebargaininginthe Maryland Open Meetings Law, the Court of Appeals held that the Board could insist on open meetings without violating the duty to bargain in good faith. See Carroll County Education Association, Inc. v. Board ofEducation ofCarroll County, 294 Md. 144 (1982). More recently, Washington County Public Schools required the school unions to participate in open collective bargaining sessions in 2006. The parties eventually agreed to ground rules for open bargaining that provide for a closed session at the beginning of each meeting to explore new ideas, followed by an open meeting. All proposals and counter-proposals were made public in the open meeting. We do not believe that all collective bargaining sessions should be open to the public. The parties must be able to speak freely without fear of each statement being published in the news media in order to negotiate in good faith. However, the current system eliminates almost all public input into the collective bargaining process. )p> We recommend a modest increase in public accountability that would continue to permit the parties to speak freely during negotiations. Specifically, we recommend that: 1. The initial proposals and counter-proposals in collective bargaining negotiations from both parties should be publicly posted on the County's website for public comment. The negotiated collective bargaining ground rules with each County employee union should contain a final date for each party to submit all of their proposals for bargaining. We recommend posting the positions of each party, as - 35PDF Image | Montgomery County Organizational Reform
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