Labor Negotiations

Baltimore City Code art. 12, subtit. 5

in effect

Baltimore City Code, Article 12, § 5-1 “Negotiation” defined.

§ 5-1. “Negotiation” defined. The term “negotiation”, as used herein, shall include the duty to: (1) confer in good faith at reasonable times, including meetings appropriately related to the budget-making process; and (2) reduce to a memorandum of understanding the matters agreed upon as the result of such negotiations in the event that all of the issues have been resolved. (Ord. 68-251.)

Baltimore City Code, Article 12, § 5-2 Duty to negotiate.

§ 5-2. Duty to negotiate. On certification of an employee organization as the exclusive representative of employees, the employer and the employee organization have the duty, through appropriate officials or their representatives, to negotiate collectively with respect to the terms and conditions of employment of the employees in the unit. (Ord. 04-672; Ord. 68-251.)

Baltimore City Code, Article 12, § 5-3 Negotiators.

§ 5-3. Negotiators. (a) In general. Negotiations between the employer and the employee organization shall be conducted: (1) on behalf of the employer, by a committee to be named by the Mayor, which committee shall include the Labor Commissioner; and (2) on behalf of the employee organization designated as the exclusive negotiating agent for the employees in the unit, by 2 or more representatives of such employee organization. (b) Chair. The chairman of the employer’s negotiating team shall be named by the Mayor. (Ord. 68-251.)

Baltimore City Code, Article 12, § 5-4 Scope limitations.

§ 5-4. Scope limitations. (a) In general. In the event that the appropriate unit determined hereunder consists of other than a unit of all City employees or less than a Citywide unit of all employees in a particular job classification or groups of related job classifications, the scope of negotiations between the employer and employee organization shall be limited as hereinafter provided. (b) Wage scales that must be uniform. (1) Negotiations for salaries and wage scales which must be uniform and apply equally to City employees in like classifications pursuant to Article VI, § 12 of the City Charter shall be negotiated jointly with all certified employee organizations representing employees within the said classifications, provided that said certified employee organizations which participate in said negotiations jointly represent more than 30% of the employees in such classification or classifications. (2) If the certified employee organizations electing to participate in such negotiations jointly represent less than 30% of said employees, salaries and wage scales shall be excluded from the scope of negotiations. (c) Working conditions that must be alike. (1) Provided, further, that negotiations for working conditions which must be alike for the employees in the several municipal agencies pursuant to Article VI, § 12 of the City Charter shall be negotiated jointly with all certified employee organizations representing employees within the several municipal agencies, provided that said certified employee organizations which participate in said negotiations jointly represent more than 30% of the employees in the several municipal agencies. (2) If the certified employee organizations electing to participate in such negotiations jointly represent less than 30% of said employees, working conditions shall be excluded from the scope of negotiations. (d) Organizations may choose not to participate. This provision shall not be construed to require any certified employee organization to participate in negotiations if it does not choose to do so, but such refusing certified employee organization shall be barred during the current negotiating period from participating in such joint negotiations. (Ord. 68-251.)

Baltimore City Code, Article 12, § 5-5 Impasse.

§ 5-5. Impasse. (a) Attempt to mediate. If after a reasonable period of negotiation over the terms of an agreement, a dispute exists between the employer and the certified employee organization or organizations with whom it is negotiating, or if no understanding has been reached within a reasonable period of time, but not later than March 1, prior to the final date for setting the municipal budget, it shall be deemed that an impasse has been reached, at which time the Mayor shall request that an Impasse Panel be selected pursuant to § 5-6 hereof and that the Chairman of the Impasse Panel enter the negotiations for the purpose of mediating the impasse. (b) Referral for fact-finding and recommendation. If the said Chairman is unable to mediate the impasse, the matter shall be referred to the entire Impasse Panel for fact-finding and recommendation. (c) Exception. No impasse shall be deemed to have occurred where the employee organization or organizations which represent the greater number of employees covered by the negotiations have accepted the employer’s proposal. (Ord. 68-251.)

Baltimore City Code, Article 12, § 5-6 Selection of Impasse Panel.

§ 5-6. Selection of Impasse Panel. (a) In general. Should an impasse be reached in negotiations between the employer and certified employee organization concerning terms and conditions of employment (as provided in § 5-5 hereof), an Impasse Panel consisting of 3 persons shall be selected as follows: (1) The employer and the employee organization shall each select 1 member within 3 days after the request for the convening of the panel. Should there be more than 1 employee organization involved in the dispute, all said employee organizations together shall be limited to selecting 1 member. (2) The 2 members so selected shall select a third member within 3 days of their selection. If the 2 members are unable to agree on the third member, they shall make their selection from a panel maintained by an independent third party agency agreeable to all parties. If the parties are unable to agree on the independent third party agency, the third member shall be selected from a panel maintained by the Federal Mediation and Conciliation Service of the United States Department of Labor. (3) The Chairman of the panel shall be the member selected pursuant to (2) above. (b) Compensation of members; assessment of costs. (1) The Labor Commissioner shall provide in his rules and regulations for standard rates of compensation for the members of the panel for their services, subject to approval by the Board of Estimates. (2) The cost of Impasse Panel procedures shall be divided equally between the parties. (Ord. 68-251.)

Baltimore City Code, Article 12, § 5-7 Panel findings and recommendations.

§ 5-7. Panel findings and recommendations. (a) “Fact finding” defined. “Fact finding”, as used herein, shall include the identification of the major issues in the dispute, review of the positions of the parties, and the resolution of factual differences. (b) Panel to make findings, etc. Where an impasse has been reached in negotiations, the Impasse Panel shall meet with the parties and shall make written findings of fact and recommendations for the solution of the dispute. (c) Factors to be considered. The panel, in making its findings and recommendations shall take into consideration, among other pertinent factors: (1) wages and fringe benefits paid other City employees; (2) wages and fringe benefits paid for like work by private employers in the City of Baltimore; (3) the value of other benefits available to or received by City employees as compared with private employees in the City of Baltimore; (4) cost of living data; and (5) the availability of funds. (d) Dissemination of findings, etc. Copies of such findings and recommendations shall be sent to the employer and the employee organization or organizations. (e) Mediation not precluded. Nothing herein contained shall be construed as prohibiting the Impasse Panel from mediating the dispute at any time after it is referred to it prior to the issuance of its recommendations. (Ord. 68-251.)

Baltimore City Code, Article 12, § 5-8 Time table.

§ 5-8. Time table. (a) Negotiation period; effective date. Regardless of the date upon which certification is issued to any employee organization, negotiations shall be held only between January 1 and March 1 of the following year and all memoranda of understanding reached as a result of such negotiations shall become effective on July 1 following such negotiations. (b) Submission to Board of Estimates. Any recommendations contained in the memorandum of understanding reached between the employer and employee organization as the result of negotiations shall be brought to the Board of Estimates for its approval by April 1 in order that the Board of Estimates shall have adequate time to consider the recommendations contained therein in connection with the proposed Ordinance of Estimates for the ensuing fiscal year. (Ord. 68-251.)

Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/code/12/5Fetched: 10/25/2026