Section 16-210.1 - Impasse(a) During the term of a collective bargaining agreement:(1) either party may declare an impasse and request the services of a mediator-arbitrator; and(2) the parties jointly may request the services of a mediator-arbitrator at any time without declaring an impasse.(b)(1) If the services of a mediator-arbitrator have been requested, the parties jointly shall appoint a mediator-arbitrator.(2) If the parties are unable to agree on a mediator-arbitrator, the labor relations administrator shall appoint the mediator-arbitrator within 7 days after the services of a mediator-arbitrator were requested.(c) If the mediator-arbitrator finds in the mediator-arbitrator's sole discretion that the parties are at a bona fide impasse, the mediator-arbitrator shall direct each party to submit a separate memorandum of each party's last final offer on items with regard to which the parties are in dispute.(d)(1) Within 10 days after the submission of the memoranda under subsection (c) of this section, the mediator-arbitrator shall hold a closed hearing on the parties' offers at a time, date, and place selected by the mediator-arbitrator.(2) Each party shall submit evidence or make oral and written arguments in support of the party's final offer.(3) The mediator-arbitrator may not open the hearing to a person that is not a party to the mediation-arbitration.(e)(1) Within 5 days after the hearing required under subsection (d)(1) of this section, the mediator-arbitrator shall issue a report selecting the final offer that the mediator-arbitrator determines to be more reasonable when viewed as a whole.(2) In determining which offer is more reasonable, the mediator-arbitrator:(i) may consider only:1. past collective bargaining agreements between the parties, including the past bargaining history that led to the agreement or the precollective bargaining history of employee wages, hours, benefits, and other working conditions;2. a comparison of wages, hours, benefits, and conditions of employment of similar employees of other public employers in the Washington metropolitan area and the State;3. a comparison of wages, hours, benefits, and conditions of employment of similar employees of private employers in Montgomery County and Prince George's County;4. the public interest and welfare;5. the ability of the Commission to finance any economic adjustments required under the proposed agreement;6. the effects of any economic adjustments on the standard of public services normally provided by the Commission; and7. the annual increase or decrease in consumer prices for all items as reflected in the most recent Consumer Price Index - Urban Wage Earners and Clerical Workers ("CPI-W") for the Washington Metropolitan Area; and(ii) shall consider all items on which the parties agreed before the mediation-arbitration began to be integrated into each offer.(3)(i) The mediator-arbitrator may not receive or consider the history of collective bargaining relating to the immediate dispute, including any offers of settlement not contained in the offer submitted to the mediator-arbitrator.(ii) The mediator-arbitrator may not compromise or alter the final offer that the mediator-arbitrator selects.(f)(1)(i) Subject to subparagraph (ii) of this paragraph, the offer selected by the mediator-arbitrator, as integrated with the governing collective bargaining agreement at the time of the dispute, shall be the final agreement between the Commission and the exclusive representative without ratification by the parties.(ii) Any terms or conditions of the final agreement that require an appropriation of funds or the adoption of regulations or that have a present or future fiscal impact are subject to approval by the Montgomery County Council and the Prince George's County Council.(iii) The Commission shall request funds in the Commission's final budget from the Montgomery County Council and the Prince George's County Council for all economic provisions of the final agreement.(2) The parties shall execute an agreement incorporating the final agreement, including arbitration awards and all issues agreed to under this section.(g) The Commission and the employee organization shall share equally the costs of the mediator-arbitrator's services.Added by 2023 Md. Laws, Ch. 605, Sec. 1, eff. 10/1/2023.