Maryland Education Section 6-408

      (a)      (1)      In this section, "negotiate" includes the duty to:

                  (i)      Confer in good faith, at all reasonable times; and

                  (ii)      Reduce to writing the matters agreed on as a result of the negotiations.

            (2)      The agreements may provide for binding arbitration of the grievances arising under the agreement that the parties have agreed to be subject to arbitration.

      (b)      (1)      On request a public school employer or at least two of its designated representatives shall meet and negotiate with at least two representatives of the employee organization that is designated as the exclusive negotiating agent for the public school employees in a unit of the county on all matters that relate to salaries, wages, hours, and other working conditions.

            (2)      Except as provided in paragraph (3) of this subsection, a public school employer or at least two of its designated representatives may negotiate with at least two representatives of the employee organization that is designated as the exclusive negotiating agent for the public school employees in a unit of the county on other matters that are mutually agreed to by the employer and the employee organization.

            (3)      A public school employer may not negotiate the school calendar, the maximum number of students assigned to a class, or any matter that is precluded by applicable statutory law.

            (4)      A matter that is not subject to negotiation under paragraph (2) of this subsection because it has not been mutually agreed to by the employer and the employee organization may not be raised in any action taken to resolve an impasse under subsection (d) of this section.

            (5)      In Montgomery County, the exclusive negotiating agent for the public school employees in a unit and the public school employer shall meet and negotiate under this section the salaries, wages, hours, and other working conditions of all persons actually employed as substitute teachers or home and hospital teachers.

      (c)      The designation of representatives by the employer under this section does not prevent the designated employee organization from appearing before or making proposals to the public school employer at a public meeting or hearing.

      (d)      (1)      If, on the request of either party, the State Superintendent determines from the facts that an impasse is reached in negotiations between a public school employer and an employee organization that is designated as an exclusive negotiating agent, the assistance and advice of the State Board may be requested, with the consent of both parties.

            (2)      If consent is not given and at the request of either party, a panel shall be named to aid in resolving the differences.

            (3)      The panel shall contain three individuals chosen as follows:

                  (i)      One member is to be named by each party within 3 days; and

                  (ii)      The third member is to be chosen by the other two members within 10 days after the request.

            (4)      The State Board or the panel selected shall meet with the parties to aid in resolving the differences, and, if the matter is not resolved, shall make a written report and recommendation within 30 days after the request.

            (5)      A copy of the report shall be sent to the representatives of the public school employer and the employee organization.

            (6)      All costs of mediation shall be shared by the public school employer and the employee organization.

            (7)      Notwithstanding any other provision of this subtitle, the public school employer shall make the final determination as to matters that have been the subject of negotiation, but this final determination is subject to the other provisions of this article concerning the fiscal relationship between the public school employer and the county commissioners, county council, and Mayor and City Council of Baltimore City.