Code of Maryland Regulations
Title 14 - INDEPENDENT AGENCIES
Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD
Chapter 14.30.14 - Impasse Procedures for Collective Bargaining
Section 14.30.14.05 - Community College Faculty: Impasses in Negotiations for Collective Bargaining Agreements
Universal Citation: MD Code Reg 14.30.14.05
Current through Register Vol. 51, No. 19, September 20, 2024
A. Mediation.
(1) If a party determines that an impasse
exists, that party may request the assistance of the Board in mediation or
engage another mediator mutually agreed to by the parties.
(2) If a party requests mediation assistance
from the Board, an original and one copy of the request for mediation shall be
filed with the Board and served on the other party.
(3) Mediation for community college faculty
is a consensual process by which the parties are assisted by a mediator in
voluntarily arriving at an agreement and under which neither party is nor can
be compelled to make a concession or enter into an agreement.
(4) Appointment of Mediator. Upon receipt of
a request for mediation, the Board may, with the consent of both parties and
after consultation with the parties, appoint an impartial and disinterested
individual as mediator, which may be a member of the board, or may request
mediation by the Federal Mediation and Conciliation Service.
(5) Confidential Nature of Mediation.
(a) Any information, either written or oral,
disclosed by the parties to the mediator in the performance of mediation duties
may not be discussed by the mediator voluntarily or by compulsion unless
approved by the parties involved.
(b) The mediator may not disclose any
information with regard to any mediation conducted on behalf of any party to
any cause pending in a proceeding before a court, Board, or investigatory body.
The mediator shall respectfully decline, by reason of this regulation, to
divulge any information disclosed by a party in the performance of the
mediator's duties.
(c) The request
for mediation and the parties' responses are confidential and may not be
disclosed by any party.
B. Fact-Finding Instead of Mediation.
(1) If the parties do not mutually agree to
mediation, then either party may petition the Board to initiate fact-finding. A
petitioning party shall inform the Board of any notification deadlines to which
it is subject.
(2) The Board shall,
based on the status of bargaining and the budget schedule of the public
employer, determine whether an impasse exists, and if the Board finds an
impasse it shall notify the parties that fact-finding is to be
initiated.
(3) A public employer
and the exclusive representative may select their own fact finder.
(4) If the parties have not selected their
own fact finder within 5 days of any required notification, or within 20 days
of petitioning the Board for fact-finding, whichever is sooner, the Board shall
submit to the parties the names of five qualified individuals.
C. Each party alternately shall strike two names from the list with the remaining individual being the fact finder.
D. Fact-finding shall be conducted as set forth in Education Article, § 16-707(b) -(e), Annotated Code of Maryland.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
