County Labor Code Sec. 13A-111.
Sec. 13A-111. Procedures pertaining to collective
bargaining impasses other than those involving protective service employees.
(1) "Impasse" means the failure of the employer and the
exclusive representative to reach a collective bargaining agreement
despite good faith efforts to do so.
However, the Impasse Panel shall be empowered to provide such dispute resolution
services as deemed needed either by the parties or as found by the Panel to
be essential to the public interest and welfare, even if impasse
has not been reached.
(2) An Impasse Panel member shall have power to mediate, hold hearings, compel
the attendance of witnesses and the production of documents, review data, make
public any recommendations or findings after notice to the parties and take whatever
action he considers necessary to resolve the impasse, provided that such action
does not impose a final and binding settlement on the parties except as mutually
authorized by the parties, or except where the Impasse Panel has denied a labor
organization the right to strike and has in its discretion required compulsory
binding arbitration. In such cases, the decision of the Impasse Panel shall be
submitted to the Council for approval. Unless the parties otherwise provide,
a single Panel member rather than multiple members shall provide the services
herein described, provided further that a member acting as a mediator shall not
act as a fact finder or arbitrator in the same matter without the consent of
(3) Confidential information disclosed by the parties to a mediator in the performance
of his mediation functions shall not be divulged voluntarily or by compulsion.
All files, records, reports, documents or other papers received or prepared by
a mediator while serving in such capacity shall be classified as confidential.
The mediator shall not produce any confidential records of, or testify in regard
to, any mediation conducted by him on behalf of any party to any case pending
in any type of proceeding. A party shall have the right to bar a Panel member
who becomes privy to confidential information about that party gained through
mediation techniques, from serving in any fact finding or arbitration role relevant
to that dispute.
(b) Action by the Parties.
(1) The employer shall have the power to enter into a written agreement
with the exclusive representative setting forth an impasse procedure
to resolve disputes
over the terms or conditions of an initial or renewed collective bargaining
agreement. The parties are not precluded from using third party
neutrals other than on the
impasse panel described in Section 13A-111(c)(4).
(2) The employer, by collective bargaining agreement or by written memorandum,
may at any time agree to submit any or all of the issues in dispute to final
and binding arbitration.
(3) Any final and binding settlement imposed upon the parties shall be subject
to the same conditions for approval as set forth in Section 13A-110(f).
(1) At least 30 days prior to the expiration date of any collective
bargaining agreement but not later than March 1, or when 90 days
have passed after the
commencement of negotiations of an initial agreement, the parties shall
notify the Panel of
the status of negotiations. The Panel may on its own motion invoke mediation,
except if the parties have provided otherwise pursuant to Section 13A-111(b)(1).
(2) The Panel, except as otherwise provided by mutual agreement of the
parties, may return the parties to collective bargaining for any or all
items in dispute
or may refer such items as deemed necessary to the procedure outlines
in Section 13A-111 with respect to deciding the negotiability of a matter
within the meaning
of this law, other applicable laws and the County Charter.
(3) Nothing shall preclude a third party neutral from returning to mediation
even after the institution of fact-finding or arbitration, or from utilizing
such mediation techniques as may be appropriate while engaged in fact
finding or arbitration.
(4) The Impasse Panel may not make recommendations or findings upon any
matter which requires implementation by a body, agency or official which
a party to the negotiations and who have not agreed to be a party to
(5) From the date on which a collective bargaining notice is filed and
ending on the date on which a collective bargaining agreement is concluded
impasse procedures have been invoked, until such time as the Panel has
it or other authorized parties have terminated efforts to resolve the
dispute, the labor organization party to the negotiations and the public
it represents, shall not induce or engage in any strikes, and the employer
refrain from unilateral changes in wages, hours or working conditions.
(d) Notwithstanding any other provision of this Section or Subtitle,
any clause in a collective bargaining agreement which sets forth procedures
for a reduction-in-force,
layoff, and recall, and/or guarantees against a reduction-in-force
furlough of employees subject to that agreement, shall expire on the
date that agreement
expires by its express terms. If a collective bargaining agreement,
which has remained in effect beyond its expiration date, provides
for an annual
increase for employees, payment of such increase shall be eliminated
unless provided for
in a successor bargaining agreement.
(e) Costs. The costs for mediation shall be borne by the County. All
other costs shall be borne equally by the parties involved in the dispute,
unusual event that the National Center or an arbitrator appointed by
it shall find pursuant to such rules as it shall issue, that the impasse
caused or prolonged by flagrant conduct of one of the parties.
(CB-1-1973; CB-24-1981; CB-24-1995)
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