Md. Code Regs. 14.30.14.05

Current through Register Vol. 51, No. 12, June 14, 2024

Section 14.30.14.05 - Community College Faculty: Impasses in Negotiations for Collective Bargaining Agreements

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.

Md. Code Regs. 14.30.14.05

Regulation .05 adopted effective 51:9 Md. R. 441, eff. 5/13/2024.