The Court of Appeals has granted the petition for a Writ of Certiorari requested by FOP Lodge #4 in the Retiree Subsidy case. No date is set as of now.
The issues listed below will be addressed by the court.
Baltimore County Fraternal Order of Police, Lodge No. 4 v. Baltimore County, Maryland – Case No. 3, September Term, 2012
Issues – Labor & Employment –
1) Under MD common law, should an arbitration clause in a collective bargaining agreement be enforced after that agreement’s expiration when an otherwise arbitrable grievance is presented concerning vested rights that arise out of that collective bargaining agreement?
2) Does the common law of MD require the court or the arbitrator to determine the arbitrability of a postexpiration grievance arising out of a collective bargaining agreement containing an arbitration clause?
3) Did the lower court err in holding that in the arbitration opinion & award at issue in litigation, the arbitrator failed to address the question of whether the arbitration clause had expired?