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Montgomery County Organizational Reform Commission provision for a three-person arbitration board, with the third member selected from a list provided by the State PERB if the parties are unable to agree. Maryland, however, does not have a comprehensive State law governing collective bargaining with State and local government employees and does not have a State PERB with 9 jurisdiction over County government labor relations. bargaining laws establish a single labor relations administrator for each bargaining unit to serve as the PERB. The labor relations administrator is jointly selected by the Executive and the union. Montgomery County collective bargaining laws require the labor professional jointly selected by the parties to serve as both a mediator and the arbitrator. This dual role has the advantage of granting the mediator/arbitrator greater authority during the mediation process. A party must seriously consider any statement about a weakness in a party's position by a mediator who ultimately will resolve an impasse as the arbitrator. Traditional mediation promotes the free flow of ideas between the parties, in part, because the mediator has no authority to impose a resolution. This free flow of ideas is diminished when the mediator will also serve asthearbitrator. Amajoradvantageofthedualroleisthatthemediator/arbitratorcanissuea quicker decision because he or she is already familiar with the issues at impasse. This speed is useful due to the compressed schedule for bargaining, impasse resolution, and budget decisions. However, we believe the better alternative for both mediation and arbitration would be to use a jointly selected mediator and a separate arbitration board. y We recommend establishment o f a three-person arbitration board, with each party selecting one member and the two parties selecting a third neutral party. If the parties are unable to agree on a third party, we recommend following the New York and Pennsylvania model of requiring the parties to select a third party from a pre-selected list of neutrals appointed by the Council. The persons on the list would be appointed for a four year term of office without requiring the concurrence of either the union or the Executive. If the parties are unable to agree on a person from the Council's list, they would be required to select an arbitrator through alternate strikes from the list. Savings As stated above, personnel costs, which mostly result from the collective bargaining process, account for approximately $3.4 billion in the F Y I I budget. The ORC believes that i f the changes in the collective bargaining process recommended below are implemented, savings of tens of millions of dollars annually could result. We believe this would occur as: (1) the collective bargaining process becomes more transparent; (2) the public takes a significantly greater role in the decisions that determine compensation and benefits; (3) arbitrators are chosen in a way that leads to more balanced outcomes; and (4) affordability is given paramount consideration in both collective bargaining and arbitration. 9 Maryland does have a comprehensive labor relations law governing public school employees and recently established a Maryland Public School Employee Relations Board. However, the members ofthis Board are jointly selected by the employee unions and public school management. -41 Montgomery County collectivePDF Image | Montgomery County Organizational Reform
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