County Labor Code: 13A-104

Sec. 13A-104. Prince George's County Public Employee Relations Board.

  1. There is hereby created the Prince George's County Public Employee Relations Board, which shall consist of three Panels of three persons each, who shall be named for two year terms by the County Executive and confirmed by the County Council, from lists of names submitted by the American Arbitration Association and the Federal Mediation and Conciliation Service. In case of the dissolution of both the American Arbitration Association and the Federal Mediation and Conciliation Service a successor agency or agencies shall be selected by the County Council after receipt of recommendations from the County Executive and union representatives. Members of the Board shall be compensated at a rate to be determined by contract between the members and the County. Members are eligible for reappointment and may serve concurrently on more than one Panel. Separate Panels shall be established to be responsible, respectively, for performing those powers and duties specifically provided for in this law with respect to:
    1. Representation matters (Sections 13A-105, 106 and 107);
    2. Unfair labor practices and negotiability disputes (Sections 13A-110, 113, 114, and 115); and
    3. Impasse disputes (Sections 13A-111 and 112).
  2. The three Panels shall not act as single bodies except for the purposes of electing their respective chairmen and to make, amend and rescind such rules and regulations as may be necessary to carry out the provisions of this law. The three chairmen shall elect from among themselves a chairman of the Board. At all other times each Panel shall serve merely as the list of third parties eligible to deal with the disputes.
  3. The responsibility of the chairman shall be to direct such administrative tasks as may be necessary to be carried out by the Board or by other employees employed for such purposes and to designate the member of the Board to participate in the appropriate proceedings where the parties have been unable to agree upon a member within a reasonable period of time, such period to take into account the exigencies of the dispute. Board members shall be chosen by mutual consent of the parties to the dispute.
  4. Any party may request the Board member, at any time following his designation and before his filing of any decisions or recommendations, to withdraw on grounds of previously demonstrated personal bias, conflict of interest or prejudice by filing with him promptly upon the discovery of the alleged facts a timely affidavit setting forth in detail the matters alleged to constitute grounds for disqualification. If such Board member does not so withdraw, the question shall be subject to review pursuant to rules promulgated by the Board.
  5. A Board member who is authorized to act in a dispute may hold such hearings and make such inquiries as he deems necessary to carry out properly his functions and powers. To facilitate such hearings or inquiries he may administer oaths and affirmation, examine witnesses and documents, take testimony and receive evidence, compel attendance of witnesses and the production of documents by the issuance of subpoenas. However, the Board shall protect the confidentiality of documents so produced.
  6. Such administrative fees as may be necessary for the American Arbitration Association to carry out functions on behalf of the Board shall be determined by contract between the American Arbitration Association and the County. The American Arbitration Association shall utilize, when it is appropriate to do so, the services of County employees to perform such duties in order that costs may be minimized. The services of the Board shall be provided at no expense to the parties except where fact finding or arbitration has been invoked.

(CB-1-1973; CB-105-1980)

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