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(a) The employer shall submit to the Board a term of a collective bargaining agreement entered into under § 23-607 of this subtitle if the term:
(1) Requires an appropriation of funds; or
(2) Has or may have a fiscal impact on the employer.
(b) The employer shall make a good faith effort to have the Board approve all terms of a collective bargaining agreement that the employer is required to submit to the Board for review.
(c)(1) The Board shall state in writing whether it will request that the County Executive appropriate funds for or otherwise implement the items that require Board review:
(i) On or before May 1 of the year in which a collective bargaining agreement will expire; or
(ii) Within 30 days of receiving the terms submitted for review under subsection (a) of this section if negotiations are extended beyond May 1 under § 23-608(a)(2) of this subtitle.
(2) If the Board intends not to request an appropriation of funds for or otherwise implement a term, or part of a term, the Board shall include the reason for the rejection in the written statement required under paragraph (1) of this subsection.
(d)(1) If the Board rejects a term submitted for Board review, the employer and the certified exclusive representative shall:
(i) Meet as soon as possible to negotiate an agreement acceptable to the Board; and
(ii) Submit to the Board the results of the negotiation on or before May 15 of the year in which a collective bargaining agreement will expire.
(2) The Board shall consider the agreement submitted under paragraph (1) of this subsection and issue a statement as required under subsection (c) of this section regarding the new term.
(3) If the employer or the certified exclusive representative declare that an impasse exists, the dispute shall be submitted for mediation in accordance with § 23-608 of this subtitle.
(e)(1)(i) If the Board accepts a term submitted for Board review that requires additional funding, the Board shall submit a request to the County Executive within the time period provided in the collective bargaining agreement.
(ii) The County Executive may approve or reject a request for additional funding, in whole or in part.
(iii) If the County Executive approves a request under subparagraph (ii) of this paragraph, the County Executive shall submit the request to the County Council.
(2) The County Council may approve or reject a request for additional funding, in whole or in part.
(3)(i) If any part of a request for additional funding submitted to the County Executive or County Council under this subsection is rejected, the entire collective bargaining agreement shall be returned to the employer and the certified exclusive representative for renegotiation within the limits of the funding allocated by the County Executive and County Council.
(ii) The renegotiation shall be completed within a timetable established by the County Executive.
(iii) 1. If an impasse is reached, the employer and the certified exclusive representative shall submit a final offer, within the limits of the funding allocated by the County Executive and County Council, for the review of the County Executive.
2. The County Executive shall select one of the offers submitted under subsubparagraph 1 of this subparagraph.
3. The selection of the County Executive is binding.
Cite this article: FindLaw.com - Maryland Code, Education § 23-609 - last updated December 31, 2021 | https://codes.findlaw.com/md/education/md-code-educ-sect-23-609/
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