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Montgomery County Organizational Reform Commission All three County collective bargaining laws require final offer by package arbitration requiring the arbitrator to select the entire final offer covering all disputed issues submitted by one of the parties. The arbitrator is a private-sector labor professional jointly selected by the Executive and the union. Since 1983, there have been 17 impasses resolved by interest arbitration. One of the impasses involved firefighters, one involved general County employees, and the other 15 involved the police. The arbitrator selected the final offer of the International Association of Fire Fighters (IAFF) in the one impasse with the firefighters and selected the County offer in the one impasse with general County employees represented by the Municipal and County Government Employees Organization (MCGEO). The arbitrator selected the FOP offer in 11 of the 15 impasses with 8 the police. The arbitrator selected the County offer over the FOP offer three times, and the County agreed to the FOP offer after the arbitration hearing one time. One explanation for these one-sided results is a lack o f public accountability in the interest arbitration system used to resolve impasses with County unions. One of the arguments often raised in challenges to interest arbitration laws is the lack of accountability to the public. Legislatures enacting interest arbitration laws have responded to this criticism in a variety of ways. An Oklahoma law authorizes a city council to call a special election and submit the two proposals to the voters for a final decision, if the arbitrator selects the union's final package. The Oklahoma Supreme Court upheld this unusual provision in FOP Lodge No. 165 v. City ofChoclaw, 933 P. 2d 261 (Okla. 1996). Some laws provide for political accountability in the method of choosing the arbitrator. The Colorado Supreme Court upheld an interest arbitration law, in part, because it required the city council to unilaterally select the list of arbitrators in FOP Colorado Lodge No. 19 v. City of Commerce City, 996 P. 2d 133 (Colo. 2000). Finally, many interest arbitration laws provide for accountability by adopting guidelines that the arbitrator must consider, require a written decision with findings of fact, and subject the decision to judicial review for abuse of discretion, fraud, or misconduct. See, Anchorage v. Anchorage Dep'l o f Employees Ass 'n, 839 P. 2d 1080 (Alaska 1992). We note that the Council enacted Expedited Bill 57-10, which modifies the criteria used by the arbitrator in resolving collective bargaining impasses with each County employee union. We support this legislation as a first step in the process of increasing public accountability in the arbitration process used to resolve impasses, but we recommend an additional amendment. Under the County collective bargaining laws before the enactment of Bill 57-10, an arbitrator could only consider: a. Past collective bargaining contracts between the parties, including the past bargaining history that led to such contracts, or the pre-collective bargaining history of employee wages, hours, benefits and working conditions; 8 The FOP appealed two ofthe three decisions in favor ofthe County to the Circuit Court. The Circuit Court reversed a portion ofthe arbitrator's award in 2003 and affirmed the arbitrator's award for the County in 2008. ~ 38 ~PDF Image | Montgomery County Organizational Reform
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