Council Unanimously Approves Binding Arbitration Bill

ANNAPOLIS—On a night when droves of police officers and firefighters once again voiced their opposition to Bill 4-11, the County Council decided to pass it.

The bill, which significantly alters the arbitration process between public sector employees and the county, passed unanimously after being altered in an effort to carve out a compromise among council members.

Currently public sector employees, such as police officers and firefighters, have the right to enter binding arbitration with the county when labor disputes reach an impasse. The independent arbitrator's decision is then legally binding on both parties.

Ultimately, the bill passed after Councilman Jerry Walker (R-7th District) of Gambrills introduced two amendments that were vital for attracting support from Democrats on the council. Since the bill was , supporters needed five votes, not the usual four needed for normal legislation.

One amendment that passed stipulates that the County Executive must include an arbitrator's ruling in his proposed budget, however, the County Council would have the last say on whether or not to fund the award. The other amendment addressed a part of the bill that would have negated binding arbitration if the county successfully fought an arbitrator's ruling in court.

, Walker expressed concerns with the bill's legality in regards to the county's charter. Now, he thinks all issues are laid to rest.

“We are obligated to follow the charter, and this amendment will put this bill in harmony with the charter and constitution, not in conflict, as the bill currently stands,” Walker said.

Councilman Chris Trumbauer (D-6th District) of Annapolis, who previously was opposed to the bill, said that without the amendments public sector employees would have nothing that even slightly resembled binding arbitration. However, he found compromise by way of Walker's amendments.

“I think this amendment is absolutely critical to maintain any semblance of what I would consider binding arbitration to be,” Trumbauer said. “If this amendment doesn't pass, then my opinion is the county would not be negotiating in good faith if the County Executive is not fully bound to the arbitrator's decision.”

While Monday night's outcome was significantly different from the council's meeting two weeks ago, the first portion of the hearing was oddly familiar. Council members once again heard testimony from dozens of police officers, firefighters and first responders, who still vehemently opposed the bill.

“Those who seek to tear us apart are no better than cannibals,” said Craig Oldershaw, president of the county's fire union. “Stand up for those who stand on the front lines to protect those of the county.”

While the bill doesn't take binding arbitration away completely, pubic sector workers said it would cripple their ability to negotiate.

“Having binding arbitration that's not binding on the county is not binding arbitration at all,” said Justin Widup, a Crownsville resident and county police officer.

But supporters of the legislation said that it would simply bring final fiscal decisions back to where they belong—the County Council.

The bill that passed Monday stipulates that the County Executive must include an independent arbitrator's award in his proposed budget, but the County Council has the option of whether or not to fund it.

Public sector workers argued that the seven-member County Council was overturning the will of the voters. In 2002, county voters approved a county charter referendum supporting the idea of giving public sector workers the right of binding arbitration. The next year, the County Council enacted legislation to adhere to the referendum.

“We still feel they violated the will of the voters,” said O'Brien Atkinson, president of the Anne Arundel County chapter of Fraternal Order of Police.

Although the council approved the changes on a vote of 7-0, the issue may not be resolved. Unions are already gearing up for a battle over the legislation in court.

“Just as we've been pushed into binding arbitration [during negotiations], now we're being pushed into court,” Atkinson said.