(a) There is hereby created the position of permanent umpire, so as to provide for the effective implementation and administration of sections 33-79 and 33-82 of this article concerning selection, certification and decertification procedures and prohibited practices. The permanent umpire shall exercise the following powers and perform the following duties and functions:
(1) Adopt regulations under method (1) of section 2A-15 of this Code, for the implementation and administration of sections 33-79 and 33-82 as are consistent with this article;
(2) Request from the employer or any employee organization, and the employer or such organization may at its discretion provide, such relevant assistance, service and data as will enable the permanent umpire to properly carry out his functions;
(3) Hold hearings and make inquiries, administer oaths and affirmations, examine witnesses and documents, take testimony and receive evidence, and compel by issuance of subpoenas the attendance of witnesses and the production of relevant documents;
(4) Hold and conduct elections for certification or decertification pursuant to the provisions of this article and issue said certification or decertification;
(5) Investigate and attempt to resolve or settle, as provided in this article, charges of engaging in prohibited practices; however, if the employer and a certified representative have negotiated a valid grievance procedure, the permanent umpire must defer to that procedure for the resolution of disputes properly submissible to the procedure absent a showing that such deferral will result or has resulted in the application of principles repugnant to this article; furthermore, the permanent umpire shall defer to state procedures in those matters which are governed by the law enforcement officers bill of rights, article 27, sections 727 et seq., Annotated Code of Maryland.*
(6) Obtain any necessary support services and make necessary expenditures in the performance of duties to the extent provided for these purposes in the annual budget of Montgomery County; and
(7) Exercise any other powers and perform any other duties and functions as may be specified in sections 33-79 and 33-82 of this article.
(b) The permanent umpire must be appointed by the County Executive, subject to confirmation by the County Council, serve for a term of 5 years, and may be reappointed to another 5-year term. The permanent umpire must not be reappointed if, during the period between 60 days and 30 days before the umpire’s term expires, the certified representative files a written objection to the umpire’s reappointment with the County Executive.
(c) If the permanent umpire dies, resigns, becomes disabled, or otherwise becomes unable or ineligible to continue to serve, the Executive must appoint a new permanent umpire, subject to confirmation by the Council, to serve the remainder of the previous umpire’s term. The umpire appointed under this subsection may be reappointed under subsection (b).
(d) The permanent umpire must be a person with experience as a neutral in the field of labor relations and must not be a person who, because of vocation, employment, or affiliation, can be categorized as a representative of the interests of the employer or any employee organization.
(e) The permanent umpire must be paid a daily fee as specified in a contract with the County, and must be reimbursed for necessary expenses incurred in performing the duties of umpire. (1982 L.M.C., ch. 53, § 3, 1984 L.M.C., ch. 24, § 39; , § 1.)
