Subchapter XVII. Labor-Management Relations.

§ 1–617.01. Policy.

(a) The District of Columbia government finds and declares that an effective collective bargaining process is in the general public interest and will improve the morale of public employees and the quality of service to the public.

(b) Each employee of the District government has the right, freely and without fear of penalty or reprisal:

(1) To form, join, and assist a labor organization or to refrain from this activity;

(2) To engage in collective bargaining concerning terms and conditions of employment, as may be appropriate under this law and rules and regulations, through a duly designated majority representative; and

(3) To be protected in the exercise of these rights.

(c) The Mayor or appropriate personnel authority, including his or her or its duly designated representative(s), shall meet at reasonable times with exclusive representative(s) of bargaining unit employees to bargain collectively in good faith.

(d) Subsection (b) of this section does not authorize participation in the management of a labor organization or activity as a representative of such an organization by a supervisor, or management official or by an employee when the participation or activity would result in a conflict of interest or otherwise be incompatible with law or with the official duties of the employee. Supervisor means an employee having authority, in the interest of an agency, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to evaluate their performance, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of authority is not of a merely routine or clerical nature, but requires the use of independent judgment. The definition of supervisor shall include an incumbent of a position which is classified at a level higher than it would have been had the incumbent not performed some or all of the above duties.

(Mar. 3, 1979, D.C. Law 2-139, § 1701, 25 DCR 5740; Oct. 1, 2002, D.C. Law 14-190, § 3832(a), 49 DCR 6968.)

Prior Codifications

1981 Ed., § 1-618.1.

1973 Ed., § 1-347.1.

Section References

This section is referenced in § 1-615.52.

Effect of Amendments

D.C. Law 14-190, in subsec. (c), substituted “representative(s) of bargaining unit employees” for “employee representatives”.

Cross References

Employee deferred compensation program, employee eligibility, treatment of benefits, authorization of program, see 47-3601.

Emergency Legislation

For temporary (90 day) amendment of section, see § 3732(a) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

Short Title

Short title of subtitle B of title XXXVIII of Law 14-190: Section 3831 of D.C. Law 14-190 provided that subtitle B of title XXXVIII of the act may be cited as the Labor Relations Amendment Act of 2002.

Mayor's Orders

Establishment of Labor Liaisons: See Mayor’s Order 88-101, April 26, 1988.

Resolutions

Resolution 16-347, the “Compensation Agreement Between the District of Columbia and Compensation Unit 33 Agency Counsel Approval Resolution of 2005”, was approved effective November 1, 2005.

§ 1–617.02. Labor-management relations program established; contents; impasse resolution.

(a) The Public Employee Relations Board (hereinafter in this subchapter referred to as the “Board”) shall issue rules and regulations establishing a labor-management relations program to implement the policy set forth in this subchapter.

(b) The labor-management relations program shall include:

(1) A system for the orderly resolution of questions concerning the recognition of majority representatives of employees;

(2) The resolution of unfair labor practice allegations;

(3) The protection of employee rights as set forth in § 1-617.06;

(4) The right of employees to participate through their duly-designated exclusive representative in collective bargaining concerning terms and conditions of employment as may be appropriate under this chapter and rules and regulations issued pursuant thereto;

(5) The scope of bargaining;

(6) The resolution of negotiation impasses concerning matters appropriate for collective bargaining; and

(7) Any other matters which affect employee-employer relations.

(1) Mediation;

(2) Fact-finding;

(3) Advisory arbitration;

(4) Request for injunction;

(5) Binding arbitration;

(6) Final best offer binding arbitration; and

(7) Final best offer binding arbitration item by item on noncompensation matters.

(d) If, after a reasonable period of negotiation concerning the terms and conditions of employment to be incorporated in a collective bargaining agreement, further negotiation appears to be unproductive to the Board, an impasse shall be deemed to have occurred. Where deemed appropriate, impasse resolution procedures may be conducted by the Board, its staff or third parties chosen either by the Board or by the mutual concurrence of the parties to the dispute. Impasse resolution machinery may be invoked by either party or on application of the Board. The choice of the form(s) of impasse resolution machinery to be utilized in a particular instance shall be the prerogative of the Board, after appropriate consultation with the interested parties. In considering the appropriate award for each impasse item to be resolved, any third party shall consider at least the following criteria:

(1) Existing laws and rules and regulations which bear on the item in dispute;

(2) Ability of the District to comply with the terms of the award;

(3) The need to protect and maintain the public health, safety and welfare; and

(4) The need to maintain personnel policies that are fair, reasonable, and consistent with the objectives of this chapter.

§ 1–617.03. Standards of conduct for labor organizations.

(a) Recognition shall be accorded only to a labor organization that is free from corrupt influences and influences opposed to basic democratic principles. A labor organization must certify to the Board that its operations mandate the following:

(1) The maintenance of democratic provisions for periodic elections to be conducted subject to recognized safeguards and provisions defining and securing the right of individual members to participate in the affairs of the organization, to fair and equal treatment under the governing rules of the organization, and to fair process in disciplinary proceedings;

(2) The exclusion from office in the organization of any person identified with corrupt influences;

(3) The prohibition of business or financial interests on the part of organization officers and agents which conflict with their duty to the organization and its members;

(4) Fair elections; and

(5) The maintenance of fiscal integrity in the conduct of the affairs of the organization, including provision for accounting and financial controls and regular financial reports or summaries to be made available to members.

(b) The Board may accept any of the following as evidence that a labor organization’s operations meet the requirements of subsection (a) of this section:

(1) A statement in writing that the labor organization is a member of the American Federation of Labor-Congress of Industrial Organizations and is governed by and subscribes to the American Federation of Labor-Congress of Industrial Organizations Codes of Ethical Practice;

(2) A copy of the labor organization’s constitution and bylaws which contain explicit provisions covering these standards;

(3) A copy of rules and regulations of the organization which have been officially adopted by the membership, which contain explicit provisions covering these standards; or

(4) An official certification in writing from a labor organization stating that the labor organization subscribes to the standards of conduct for labor organizations, as set forth in this section.

(c) The Board shall prescribe the rules and regulations needed to effect this section. Any complaint of a violation of this section shall be filed with the Board.

§ 1–617.04. Unfair labor practices.

(a) The District, its agents, and representatives are prohibited from:

(1) Interfering with, restraining, or coercing any employee in the exercise of the rights guaranteed by this subchapter;

(2) Dominating, interfering, or assisting in the formation, existence or administration of any labor organization, or contributing financial or other support to it, except that the District may permit employees to negotiate or confer with it during working hours without loss of time or pay;

(3) Discriminating in regard to hiring or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization, except as otherwise provided in this chapter;

(4) Discharging or otherwise taking reprisal against an employee because he or she has signed or filed an affidavit, petition, or complaint or given any information or testimony under this subchapter; or

(5) Refusing to bargain collectively in good faith with the exclusive representative.

(b) Employees, labor organizations, their agents, or representatives are prohibited from:

(1) Interfering with, restraining, or coercing any employees or the District in the exercise of rights guaranteed by this subchapter;

(2) Causing or attempting to cause the District to discriminate against an employee in violation of § 1-617.06;

(3) Refusing to bargain collectively in good faith with the District if it has been designated in accordance with this chapter as the exclusive representative of employees in an appropriate unit;

(4) Engaging in a strike, or any other form of unauthorized work stoppage or slowdown, or in the case of a labor organization, its agents, or representatives condoning any such activity by failing to take affirmative action to prevent or stop it; and

(5) Engaging in a strike or refusal to handle goods or perform services, or threatening, coercing or restraining any person with the object of forcing or requiring any person to cease, delay, or stop doing business with any other person or to force or to require an employer to recognize for recognition purposes a labor organization not recognized pursuant to the procedures set forth in § 1-617.06.

§ 1–617.05. Strikes prohibited.

It shall be unlawful for any District government employee or labor organization to participate in, authorize, or ratify a strike against the District.

§ 1–617.06. Employee rights.

(a) All employees shall have the right:

(1) To organize a labor organization free from interference, restraint, or coercion;

(2) To form, join, or assist any labor organization or to refrain from such activity;

(3) To bargain collectively through representatives of their own choosing as provided in this subchapter; and

(4) To refrain from any or all such activities under paragraphs (1), (2), and (3) of this subsection, except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in § 1-617.11.

(b) Notwithstanding any other provision in this chapter, an individual employee may present a grievance at any time to his or her employer without the intervention of a labor organization: Provided, however, that the exclusive representative is afforded an effective opportunity to be present and to offer its view at any meetings held to adjust the complaint. Any employee or employees who utilize this avenue of presenting personal complaints to the employer may not do so under the name, or by representation, of a labor organization. Adjustments of grievances must be consistent with the terms of the applicable collective bargaining agreement. Where the employee is not represented by the union with exclusive recognition for the unit, no adjustment of a grievance shall be considered as a precedent or as relevant either to the interpretation of the collective bargaining agreement or to the adjustment of other grievances.

§ 1–617.07. Union security; dues deduction.

Any labor organization which has been certified as the exclusive representative shall, upon request, have its dues and uniform assessments deducted and collected by the employer from the salaries of those employees who authorize the deduction of said dues. Such authorization, costs, and termination shall be proper subjects of collective bargaining. Service fees may be deducted from an employee’s salary by the employer if such a provision is contained in the bargaining agreement.

§ 1–617.08. Management rights; matters subject to collective bargaining.

(a) The respective personnel authorities (management) shall retain the sole right, in accordance with applicable laws and rules and regulations:

(1) To direct employees of the agencies;

(2) To hire, promote, transfer, assign, and retain employees in positions within the agency and to suspend, demote, discharge, or take other disciplinary action against employees for cause;

(3) To relieve employees of duties because of lack of work or other legitimate reasons;

(4) To maintain the efficiency of the District government operations entrusted to them;

(5) To determine:

(A) The mission of the agency, its budget, its organization, the number of employees, and to establish the tour of duty;

(B) The number, types, and grades of positions of employees assigned to an agency’s organizational unit, work project, or tour of duty;

(D) The agency’s internal security practices; and

(6) To take whatever actions may be necessary to carry out the mission of the District government in emergency situations.

(a-1) An act, exercise, or agreement of the respective personnel authorities (management) shall not be interpreted in any manner as a waiver of the sole management rights contained in subsection (a) of this section.

(b) All matters shall be deemed negotiable except those that are proscribed by this subchapter. Negotiations concerning compensation are authorized to the extent provided in § 1-617.16.

(c)(1) All matters pertaining to the discipline of sworn law enforcement personnel shall be retained by management and not be negotiable through bargaining, including substantive or impacts-and-effects bargaining.

(2) This subsection shall apply to any collective bargaining agreements entered into with the Fraternal Order of Police/Metropolitan Police Department Labor Committee after September 30, 2020, and to any collective bargaining agreements automatically renewed on or after September 30, 2020.

§ 1–617.09. Unit determination.

(a) The determination of an appropriate unit will be made on a case-to-case basis and will be made on the basis of a properly-supported request from a labor organization. No particular type of unit may be predetermined by management officials nor can there be any arbitrary limit upon the number of appropriate units within an agency. The essential ingredient in every unit is community of interest: Provided, however, that an appropriate unit must also be one that promotes effective labor relations and efficiency of agency operations. A unit should include individuals who share certain interests, such as skills, working conditions, common supervision, physical location, organization structure, distinctiveness of functions performed, and the existence of integrated work processes. No unit shall be established solely on the basis of the extent to which employees in a proposed unit have organized; however, membership in a labor organization may be considered as 1 factor in evaluating the community of interest of employees in a proposed unit.

(b) A unit shall not be established if it includes the following:

(1) Any management official or supervisor: Except, that with respect to fire fighters, a unit that includes both supervisors and nonsupervisors may be considered: Provided, further, that supervisors employed by the District of Columbia Public Schools may form a unit which does not include nonsupervisors;

(2) A confidential employee;

(3) An employee engaged in personnel work in other than a purely clerical capacity;

(4) An employee engaged in administering the provisions of this subchapter;

(5) Both professional and nonprofessional employees, unless a majority of the professional employees vote or petition for inclusion in the unit;

(6) Employees of the Council of the District of Columbia; or

(7) Employees within the Educational Service in the District of Columbia Public Schools and the Office of the State Superintendent of Education who serve without tenure pursuant to [§ 1-608.01a].

(c) Two or more units for which the labor organization holds exclusive recognition within an agency may be consolidated into a single larger unit if the Board determines the larger unit to be appropriate. The Board shall certify the labor organization as the exclusive representative in the new unit when the unit is found appropriate.

(Mar. 3, 1979, D.C. Law 2-139, § 1709, 25 DCR 5740; Mar. 20, 2008, D.C. Law 17-122, § 2(d), 55 DCR 1506; Aug. 16, 2008, D.C. Law 17-219, § 4019(c), 55 DCR 7598; Mar. 25, 2009, D.C. Law 17-353, § 224(b), 56 DCR 1117.)

Prior Codifications

1981 Ed., § 1-618.9.

1973 Ed., § 1-347.9.

Section References

This section is referenced in § 1-617.11.

Effect of Amendments

D.C. Law 17-122, in subsec. (b)(1), substituted “Public Schools” for “Board of Education”; in subsec. (b)(5), deleted “or” from the end; in subsec. (b)(6), substituted “; or” for a period; and added subsec. (b)(7).

D.C. Law 17-219, in subsec. (b)(7), substituted “and the Office of the State Superintendent of Education” for “, the Office of the State Superintendent for Education, and the Office of Public Education Facilities Modernization”.

D.C. Law 17-353 validated a previously made technical correction in subsec. (b)(5).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(d) of Public Education Personnel Reform Emergency Amendment Act of 2007 (D.C. Act 17-241, January 22, 2008, 55 DCR 983).

For temporary (90 day) amendment, see § 4019(c) of Fiscal Year 2009 Budget Support Emergency Act of 2008 (D.C. Act 17-468, July 28, 2008, 55 DCR 8746).

§ 1–617.10. Selection of exclusive representatives; elections.

(a) Exclusive recognition shall be granted to a labor organization which has been selected by a majority of employees in an appropriate unit who participate in an election, conducted by secret ballot, or by any other method in conformity with such rules and regulations as may be prescribed by the Board.

(b)(1) The employer may recognize, without an election, a labor organization as the exclusive representative for purpose of collective bargaining if an alternative method for determining majority status, such as a card check showing actual membership in the labor organization seeking recognition, has been approved by the Board.

(2) The Board shall issue rules and regulations which provide procedures for decertification of exclusive representatives upon the request of 30 percent of the employees or the District and the holding of an election. Such rules and regulations issued by the Board shall prescribe the criteria under which the District may request decertification, such as lack of any unit activity over a period of time.

(c) Representation elections shall be conducted by an impartial body selected by the mutual agreement of the parties or, in the absence of a mutual agreement, by the Board. The entity conducting the election shall be subject to the provisions of this chapter, those rules and regulations as may be issued by the Board, or any election agreement as may be reached which is not inconsistent with this subchapter.

(d) The Board shall certify the results of each election within 10 working days after the final tally of votes, if:

(1) Within the meaning of such rules and regulations as the Board may issue, no objection to the election is filed alleging that there has been conduct which affected the outcome of the election; or

(2) The Board has determined that the number of challenged ballots is not sufficient to affect the outcome of the election.

(e) If the Board has reason to believe that such allegations or challenges may be valid, the Board shall hold a hearing on the matter within 2 weeks after the date of receipt of the objection. The Board shall give due notice of the hearing to all parties. If the Board determines that the outcome of the election was affected, even by third-party interference, or if the Board determines that the number of challenged ballots was sufficient to affect the outcome of the election, it shall require corrective action and may order a new election. If the Board determines that the alleged conduct did not affect the outcome of the election, it shall immediately certify the election results.

(f) A labor organization seeking exclusive recognition shall submit to the Board and the appropriate agency a roster of its officers and representatives, a copy of its constitution and bylaws, and a statement of its objectives.

§ 1–617.11. Rights accompanying exclusive recognition.

(a) The labor organization which has been certified to be the exclusive representative of all employees in the unit shall have the right to act for and negotiate agreements covering all employees in the unit and shall be responsible for representing the interests of all such employees without discrimination and without regard to membership in the labor organization: Provided, however, that the employee pays dues or service fees consistent with law. Agency shop and other labor organization security provisions should be an appropriate issue for collective bargaining.

(b) Bargaining units established at the time this chapter becomes effective shall continue to be recognized as appropriate units subject to § 1-617.09(c), and labor organizations which have exclusive recognition in bargaining units existing at the time this chapter becomes effective shall continue to enjoy exclusive recognition in these units subject to § 1-617.10(b)(2).

(Mar. 3, 1979, D.C. Law 2-139, § 1711, 25 DCR 5740; Oct. 1, 2002, D.C. Law 14-190, § 3832(d), 49 DCR 6968.)

Prior Codifications

1981 Ed., § 1-618.11.

1973 Ed., § 1-347.11.

Section References

This section is referenced in § 1-617.06.

Effect of Amendments

D.C. Law 14-190, in subsec. (a), substituted “consistent with law” for “in an amount equal to the dues of the employees’ organizations”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 3732(d) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

§ 1–617.12. Sunshine provisions.

Collective bargaining sessions between the District and employee organization representatives shall not be open to the public. All fact-finding proceedings under this subchapter shall be open to the public.

§ 1–617.13. Remedies; enforcement; judicial review; payment of costs.

(a) Remedies of the Board may include, but shall not be limited to, orders which: Withdraw or decertify recognition of a labor organization; direct a new representation election; recommend that disciplinary action be taken against an employee or group of employees by an appropriate agency head; reinstate, with or without back pay, or otherwise make whole, the employment or tenure of any employee, who the Board finds has suffered adverse economic effects in violation of this subchapter, though for adequate cause under the provisions of subchapter XVI-A of this chapter; compel bargaining in good faith; compel a labor organization or the District to desist from conduct prohibited under this subchapter; or direct compliance with the provisions of this subchapter.

(b) The Board may request the Superior Court of the District of Columbia to enforce any order issued pursuant to this subchapter, including those for appropriate temporary relief or restraining orders. No defense or objection to an order of the Board shall be considered by the Court, unless such defense or objection was first urged before the Board. The findings of the Board with respect to questions of fact shall be conclusive if supported by substantial evidence on the record considered as a whole. The Court may grant such temporary relief or restraining order as it deems just and proper and enter a decree enforcing, modifying and enforcing as so modified, or setting aside, in whole or in part, the order of the Board.

(c) Any person aggrieved by a final order of the Board granting or denying in whole or in part the relief sought may obtain review of such order in the Superior Court of the District of Columbia by filing a request within 30 days after the final order has been issued. The Court shall have the same jurisdiction to review the Board’s order and to grant to the Board such order of enforcement as in the case of a request by the Board under subsection (b) of this section.

(d) The Board shall have the authority to require the payment of reasonable costs incurred by a party to a dispute from the other party or parties as the Board may determine.

§ 1–617.14. Timeliness of decisions.

All decisions of the Board shall be rendered within a reasonable period of time, and in no event later than 120 days after the matter is submitted or referred to it for a decision.

§ 1–617.15. Collective bargaining agreements.

(a) An agreement with a labor organization is subject to the approval of the Mayor or his or her designee; provided, that an agreement with a labor organization of employees of the Office of the Attorney General is subject to the approval of the Attorney General, and an agreement with a labor organization of employees of the District of Columbia Board of Education or the Board of Trustees of the University of the District of Columbia is subject to the approval of the respective Boards. An agreement shall be approved within 45 days from the date of its execution by the parties, if it conforms to applicable law. If disapproved because certain provisions are asserted to be contrary to law, the agreement shall either be returned to the parties for renegotiation of the offensive provisions or such provisions shall be deleted from the agreement. An agreement which has not been approved or disapproved within the prescribed period of 45 days shall go into effect on the 46th day and shall be binding on the parties.

(b) The Mayor and each appropriate personnel authority shall submit the collective bargaining agreement to the Council for its information.

(Mar. 3, 1979, D.C. Law 2-139, § 1715, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(v), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(u), 43 DCR 2978; Oct. 22, 2015, D.C. Law 21-36, § 1033(f), 62 DCR 10905.)

Prior Codifications

1981 Ed., § 1-618.15.

1973 Ed., § 1-347.15.

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 substituted “provided, that an agreement with a labor organization of employees of the Office of the Attorney General is subject to the approval of the Attorney General, and an agreement with a labor organization of employees of the District of Columbia Board of Education or The Board of Trustees of the University of the District of Columbia is subject to the approval of the respective Boards” for “or in the case of employees of the District of Columbia Board of Education or the Board of Trustees of the University of the District of Columbia, by the respective Boards” in (a).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1033(f) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

§ 1–617.16. Collective bargaining concerning compensation.

(a) The Board shall provide for collective bargaining concerning compensation under the procedures of and on the dates provided in § 1-617.17. The Mayor, the Attorney General for employees of the Office of the Attorney General, the District of Columbia Board of Education for its educational employees, and the Board of Trustees of the University of the District of Columbia for its educational employees shall negotiate agreements regarding noncompensation issues at the same time as compensation issues.

(b) The provisions of this section shall become effective on January 1, 1980, and shall apply to all employees, including employees described in § 1-602.04, of a particular occupational group who are represented by a labor organization which has been granted exclusive recognition under this chapter by the Board. The determination of an appropriate unit for the purpose of negotiations concerning compensation shall not require a request from a labor organization. In determining appropriate bargaining units for negotiations concerning compensation, the Board shall authorize broad units of occupational groups so as to minimize the number of different pay systems or schemes. The Board may authorize bargaining by multiple employer or employee groups as may be appropriate.

(Mar. 3, 1979, D.C. Law 2-139, § 1716, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(w), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(v), 43 DCR 2978; Oct. 22, 2015, D.C. Law 21-36, § 1033(g), 62 DCR 10905.)

Prior Codifications

1981 Ed., § 1-618.16.

1973 Ed., § 1-347.16.

Section References

This section is referenced in § 1-602.06, § 1-617.08, § 1-617.17, § 1-636.02, § 38-2021.13, and § 38-2023.16.

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 added “the Attorney General for employees of the Office of the Attorney General” in (a).

Cross References

Retirement of public school teachers, compensation and salaries, purchase of annuity contracts, see § 38-2023.16.

Retirement of public school teachers, “eligible service” defined, see § 38-2021.13.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1033(g) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

§ 1–617.17. Collective bargaining concerning compensation.

(a) Collective bargaining concerning compensation is authorized as provided in §§ 1-602.06 and 1-617.16. Such compensation bargaining shall preempt other provisions of this subchapter except as provided in this section. The principles of § 1-611.03 shall apply to compensation set under the provisions of this section.

(b) As provided in this section, the Mayor, the Board of Education, the Board of Trustees of the University of the District of Columbia, and each independent personnel authority, or any combination of the above (“management”) shall meet with labor organizations (“labor”) which have been authorized to negotiate compensation at reasonable times in advance of the District’s budget making process to negotiate in good faith with respect to salary, wages, health benefits, within-grade increases, overtime pay, education pay, shift differential, premium pay, hours, and any other compensation matters. No subordinate agency shall negotiate a collective bargaining agreement.

(d) Repealed.

(e) Repealed.

(f)(1) Collective bargaining for a given fiscal year or years shall take place at such times as to be reasonably assured that negotiations shall be completed prior to submission of a budget for said year(s) in accordance with this section.

(A)(i) A party seeking to negotiate a compensation agreement shall serve a written demand to bargain upon the other party during the period 120 days to 90 days prior to the first day of the fiscal year, for purposes of negotiating a compensation agreement for the subsequent fiscal year.

(ii) Where the compensation agreement to be negotiated is for a newly certified collective bargaining unit assigned to a newly created compensation unit, working conditions or other non-compensation matters shall be negotiated concurrently with negotiations concerning compensation.

(iii) Where the compensation agreement to be negotiated is for a newly certified collective bargaining unit assigned to an existing compensation unit, the parties shall proceed promptly to negotiate concurrently any working conditions, other non-compensation matters, and coverage of the compensation agreement.

(B) Negotiations among the parties shall continue until a settlement is reached, or until 180 days after negotiations have commenced.

(2) If the parties have failed to begin negotiations within 90 days of the end of the annual notice period, or have failed to reach settlement on any issues 180 days after negotiations have commenced, then an automatic impasse may be declared by any party. The declaring party shall promptly notify the Executive Director of the Public Employee Relations Board in writing of an impasse. The Executive Director shall assist in the resolution of this declared automatic impasse by selecting an impartial person experienced in public sector disputes to serve as a mediator. If the mediator does not resolve the declared automatic impasse within 30 days, or any shorter period designated by the mediator, or before the automatic impasse date, the Executive Director, upon the request of any party, shall appoint an impartial Board of Arbitration to investigate the labor-management issues involved in the dispute, conduct whatever hearing it deems necessary, and issue a written award to the parties with the object of achieving a prompt and fair settlement of the dispute. The last best offer of each party shall be the basis for such automatic impasse arbitration. The award shall be issued within 45 days after the Board has been established. The award shall contain findings of fact and a statement of reasons. The award shall be final and binding upon the parties to the dispute.

(3) If the parties reach an impasse on any issues in negotiations before the declared automatic impasse date, any party shall promptly notify the Executive Director of the Public Employee Relations Board in writing. The Executive Director shall assist in the resolution of this impasse by selecting an impartial person experienced in public sector disputes to serve as a mediator. If the mediator does not resolve the impasse within 30 days, or any shorter period designated by the mediator, or before the automatic impasse date, the Executive Director, upon the request of any party, shall appoint an impartial Board of Arbitration to investigate the labor-management issues involved in the dispute, conduct whatever hearing it deems necessary, and issue a written award to the parties with the object of achieving a prompt and fair settlement of the dispute. The last best offer of each party shall be the basis for this impasse arbitration. The award shall be issued within 45 days after the Board has been established. The award shall contain findings of fact and a statement of reasons. The award shall be final and binding upon the parties to the dispute.

(3A) If requested by both parties or ordered by the Executive Director of the Public Employee Relations Board, a mediator or Board of Arbitration appointed pursuant to paragraphs (2) or (3) of this subsection shall consider non-compensation matters at impasse at the same time it considers compensation matters at impasse.

(4) If the procedures set forth in paragraph (1), (2), (3), or (3A) of this subsection are implemented, no change in the status quo shall be made pending the completion of mediation and arbitration, or both.

(5) The factfinder, mediator, and any members of the Board of Arbitration appointed by the Executive Director of the Public Employee Relations Board shall be entitled to compensation at the maximum daily rate allowable by law for each day they are actually engaged in performing services under this section. Compensation for arbitration shall be divided equally and paid one-half by management and one-half by labor; compensation for mediation and fact-finding shall be paid by the moving party, or shared if by mutual request.

(g) Multi-year compensation agreements are encouraged. No compensation agreement shall be for a period of less than 3 years.

(h) Compensation negotiations pursuant to this section shall be confidential among the parties; provided, however, that the Council may appoint observers from its membership and staff, or both, to the negotiations. Such Council observers will be responsible for informing the members of the Council of the progress of negotiations. All information concerning negotiations shall be considered confidential until impasse resolution proceedings have been concluded or upon settlement. Management shall give the Council the same prior notice of negotiation proceedings that it gives to all parties to the negotiations.

(i)(1) The Mayor shall transmit all settlements, including arbitration awards, to the Council within 60 days after the parties have reached agreement or an arbitration award has been issued with a budget request act, a supplemental budget request act, a budget amendment act, or a reprogramming, as appropriate; except that when a settlement, including an arbitrator’s award, has been fully funded by an enacted budget request act, supplemental budget request act, or budget amendment act or an approved reprogramming request, the Mayor shall submit the settlement, including an arbitrator’s award, with a certification that the settlement, including arbitrator’s award, is fully funded by the previously enacted budget measure or approved reprogramming. The budget request act, supplemental budget request act, budget amendment act, or reprogramming shall fully fund the settlement for the fiscal year to which it applies.

(2) At the same time the Mayor transmits a settlement, including any arbitration award, pursuant to paragraph (1) of this subsection, the Mayor shall also transmit a financial plan that includes proposed funding for both actual and annualization costs of settlements for future fiscal years contained in a multi-year compensation agreement.

(3) The Mayor shall fully support the passage of settlements by every reasonable means before all legislative bodies, except that the Mayor is not required to support Council approval of an arbitrator’s award, or to support Council approval of a settlement negotiated by the Board of Education, the Board of Trustees of the University of the District of Columbia, or other independent personnel authority, unless the Mayor participated in the negotiations.

(j) A settlement, including an arbitrator’s award, shall take effect on the 30th calendar day, excluding days of Council recess, after the Mayor and the Council enact the budget request act, the supplemental budget request act, or the budget amendment act, or approve the reprogramming, as appropriate, that contains the funded settlement, unless prior to the 30th calendar day, the Council accepts or rejects the settlement, including an arbitrator’s award, by resolution. In the case of a settlement, including an arbitrator’s award, submitted after the enactment of budget legislation or the approval of a reprogramming that fully funds the settlement, including arbitrator’s award, the settlement, including arbitrator’s award shall take effect on the 30th calendar day, excluding days of Council recess, after the Mayor transmits the settlement, including arbitrator’s award, to the Council with the Mayor’s certification that the settlement, including arbitrator’s award, has been fully funded in previously enacted budget legislation or an approved reprogramming, unless prior to the 30th calendar day, the Council accepts or rejects the settlement, including arbitrator’s award, by resolution. If the Council rejects a settlement, including an arbitrator’s award, then the settlement shall be returned to the parties for renegotiation, with specific reasons for the rejection appended to the document disclosing the rejection of the settlement.

(k) The Mayor shall fully fund in future fiscal year budget requests, any settlement, including an arbitrator’s award, for future fiscal years contained in a multi-year compensation agreement that has been approved pursuant to this section. Any settlement, including an arbitrator’s award, that has been approved pursuant to this section shall be included in either the District budget request or in any supplemental budget request and shall be fully supported by the District by every reasonable means before Congressional bodies.

(l) Notwithstanding any provisions of subchapters XXII, XXIII, or XXVII of this chapter to the contrary, the health, life, and retirement programs authorized by these subchapters are proper subjects of collective bargaining under this section.

(m) When the Public Employee Relations Board makes a determination as to the appropriate bargaining unit for the purpose of compensation negotiations pursuant to § 1-617.16, negotiations for compensation between management and the exclusive representative of the appropriate bargaining unit shall commence as provided for in subsection (f) of this section. The Mayor shall negotiate agreements concerning working conditions at the same time as he or she negotiates compensation issues.

(n)(1) Notwithstanding any other provisions of law, the District is authorized to establish the compensation of District employees and to negotiate with the exclusive representative of the appropriate bargaining unit concerning the compensation rules for employees’ overtime work in excess of the basic non-overtime workday, in accordance with this chapter and the Fair Labor Standards Act of 1938, approved June 25, 1938 (52 Stat. 1060; 29 U.S.C. § 201 et seq.).

(2) This subsection shall be retroactively effective as of the fiscal year beginning October 1, 2004.

(Mar. 3, 1979, D.C. Law 2-139, § 1113, 25 DCR 5740; redesignated as § 1717, Mar. 4, 1981, D.C. Law 3-130, § 2(f), 28 DCR 277; Apr. 25, 1984, D.C. Law 5-77, § 2, 31 DCR 1225; Aug. 1, 1985, D.C. Law 6-15, § 7(f), 32 DCR 3570; Feb. 24, 1987, D.C. Law 6-177, § 3(x), 33 DCR 7241; June 5, 1987, D.C. Law 7-6, § 2, 34 DCR 2637; July 25, 1987, D.C. Law 7-16, § 2, 34 DCR 3799; Oct. 1, 1987, D.C. Law 7-27, § 2(h), 34 DCR 5079; Apr. 30, 1988, D.C. Law 7-104, § 36(b), 35 DCR 147; Mar. 17, 1993, D.C. Law 9-243, § 2, 40 DCR 636; May 16, 1995, D.C. Law 10-255, § 2(b), 41 DCR 5193; Aug. 1, 1996, D.C. Law 11-152, § 302(w), 43 DCR 2978; Mar. 20, 1998, D.C. Law 12-60, § 1001, 44 DCR 7378; June 10, 1998, D.C. Law 12-124, § 101(t), 45 DCR 2464; Sept. 18, 1998, D.C. Law 12-151, § 2(b), 45 DCR 4043; Oct. 1, 2002, D.C. Law 14-190, § 3832(e), 49 DCR 6968; Dec. 7, 2004, D.C. Law 15-205, § 1022, 51 DCR 8441; Apr. 12, 2005, D.C. Law 15-334, § 2(c), 52 DCR 2012; Oct. 20, 2005, D.C. Law 16-33, § 1021, 52 DCR 7503; Mar. 25, 2009, D.C. Law 17-367, § 2, 56 DCR 1336; Sept. 24, 2010, D.C. Law 18-223, § 1032(b), 57 DCR 6242; Apr. 8, 2011, D.C. Law 18-370, § 793, 58 DCR 1008.)

Prior Codifications

1981 Ed., § 1-618.17.

1973 Ed., § 1-341.13.

Section References

This section is referenced in § 1-617.16 and § 1-636.02.

Effect of Amendments

D.C. Law 14-190 repealed subsecs. (c) and (e); rewrote pars. (1) and (2) of subsec. (f); deleted the last sentence in subsec. (g); and rewrote subsec. (m).

D.C. Law 15-205 added subsec. (n).

D.C. Law 15-334, in subsec. (f), rewrote par. (1)(A), substituted “45” for “20” in par. (3), added par. (3A), and substituted “(1), (2), (3), or (3A)” for “(1), (2), or (3)” in par. (4); and, in subsec. (h), substituted “until impasse resolution proceedings have been concluded or upon settlement” for “until impasse or settlement”.

D.C. Law 16-33, in subsec. (b), substituted “compensation matters. No subordinate agency shall negotiate a collective bargaining agreement.” for “compensation matters.”.

D.C. Law 17-367, in subsec. (i)(1), substituted “Council within 60 days after the parties have reached agreement or an arbitration award has been issued with a budget” for “Council with a budget”.

D.C. Law 18-223, in subsec. (n)(1), deleted “in excess of the basic non-overtime workday” following “overtime work”.

D.C. Law 18-370, in subsec. (n)(1), substituted “for employees’ overtime work in excess of the basic non-overtime workday” for “for employees’ overtime work”.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1172 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary amendment of section, see § 1001 of the Fiscal Year 1998 Revised Budget Support Emergency Act of 1997 (D.C. Act 12-152, October 17, 1997, 44 DCR 6196), and see § 1001 of the Fiscal Year 1998 Revised Budget Support Congressional Review Emergency Act of 1997 (D.C. Act 12-239, January 13, 1998, 45 DCR 508).

For temporary (90 day) amendment of section, see § 3732(e) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

For temporary (90 day) amendment of section, see § 1022 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 1022 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 1021 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 day) amendment of section, see § 2 of Department of Mental Health Collective Bargaining Agreements Emergency Act of 2006 (D.C. Act 16-254, January 26, 2006, 53 DCR 761).

For temporary (90 day) amendment of section, see § 2 of Department of Mental Health Collective Bargaining Agreements Congressional Review Emergency Act of 2006 (D.C. Act 16-377, May 19, 2006, 53 DCR 4397).

For temporary (90 day) amendment of section, see § 1032(b) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) amendment of section, see §§ 3(a), 4 of Budget Support Act Clarification and Technical Amendment Emergency Amendment Act of 2010 (D.C. Act 18-543, October 5, 2010, 57 DCR 9630).

For temporary (90 day) amendment of section, see § 792 of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).

For temporary (90) days approval of the interest arbitration award and compensation agreement between the District of Columbia Fire and Emergency Medical Services Department and Local 36 International Association of Firefighters, see § 2 of the Interest Arbitration Award and Compensation Agreement between the District of Columbia Fire and Emergency Medical Services Department and Local 36 International Association of Firefighters (Compensation Unit 4) Emergency Approval Act of 2014 (D.C. Act 20-384, July 31, 2014, 61 DCR 8043).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of the Budget Implementation Temporary Act of 1995 (D.C. Law 11-18, May 27, 1995, law notification 42 DCR 2845).

For temporary (225 day) amendment of section, see § 3 of the Budget Implementation Exemption Temporary Amendment Act of 1995 (D.C. Law 11-27, law notification July 14, 1995, 42 DCR 3833).

Section 3(a) of D.C. Law 18-283 repealed subsec. (b).

Section 4 of D.C. Law 18-283, in subsec. (n)(1), reinstated “in excess of the basic non-overtime workday” following “for employees’ overtime work”.

Section 6(b) of D.C. Law 18-283 provided that the act shall expire after 225 days of its having taken effect.

Section 2 of D.C. Law 16-103 provided as follows:

“Sec. 2. Notwithstanding section 1717(b) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-617.17(b)), the Department of Mental Health may complete ongoing negotiations of collective bargaining agreements.”

Section 4(b) of D.C. Law 16-103 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title of subtitle C of title I of Law 15-205: Section 1021 of D.C. Law 15-205 provided that subtitle C of title I of the act may be cited as the Compensation Bargaining Unit Overtime Negotiation Amendment Act of 2004.

Short title of subtitle E of title I of Law 16-33: Section 1020 of D.C. Law 16-33 provided that subtitle E of title I of the act may be cited as the Collective Bargaining Agreements Amendment Act of 2005.

Editor's Notes

Section 794 of D.C. Law 18-370 provided: “Sec. 794. This subtitle shall apply as of January 3, 2011.”

Application of Law 12-60: Section 2002 of D.C. Law 12-60 provided that the act shall apply as of October 1, 1997.

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Applicability of § 101(t) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998. Compensation Settlement for Employees in Compensation Unit 12 Approval Resolution of 1994: Pursuant to Proposed Resolution 11-18, deemed approved February 18, 1995, Council approved the negotiated compensation settlement submitted by the Mayor of the District of Columbia for employees in Compensation Unit 12. Compensation Settlement for Employees in Compensation Unit 19 Approval Resolution of 1994: Pursuant to Proposed Resolution 11-21, deemed approved February 18, 1995, Council approved the negotiated compensation settlement submitted by the Mayor of the District of Columbia for employees in Compensation Unit 19. Compensation Settlement for Employees in Compensation Unit 18 Approval Resolution of 1994: Pursuant to Proposed Resolution 11-24, deemed approved February 18, 1995, Council approved the negotiated compensation settlement submitted by the Mayor of the District of Columbia for employees in Compensation Unit 18. Compensation Settlement for Employees in Compensation Unit 4 Approval Emergency Resolution of 1998: Pursuant to Resolution 12-432, effective March 3, 1998, the Council approved, on an emergency basis, a negotiated settlement agreement for uniformed members of the Fire and Emergency Medical Services Department covered by collective bargaining. Career and Excepted Service Compensation System Changes for Non-Union Employees and the Negotiated Compensation Agreements for Union Employees of the DOC Emergency Approval Resolution of 1998: Pursuant to Resolution 12-462, effective April 7, 1998, the Council approved, on an emergency basis, the proposed compensation changes for Career and Excepted Service employees and negotiated compensation agreements for Bargaining Unit employees of the Department of Corrections in Compensation Units 1, 2, 13, and 19. Compensation Settlement for Employees in Compensation Units 1 and 2 Emergency Approval Resolution of 1998: Pursuant to Resolution 12-484, effective May 5, 1998, the Council approved, the negotiated compensation settlement by the Mayor for certain employees in Compensation Units 1 and 2. Compensation Settlement for Employees in Compensation Unit 3 Emergency Approval Resolution of 1998: Pursuant to Resolution 12-556, effective June 16, 1998, the Council approved the compensation settlement for employees in Compensation Unit 3. Compensation Settlement for Doctors, Dentists and Podiatrists in Compensation Unit 19 Emergency Approval Resolution of 1998: Pursuant to Resolution 12-602, effective July 7, 1998, the Council approved, on an emergency basis, the negotiated compensation settlement for Physicians, Dentists, and Podiatrists within Compensation Unit 19 covered by collective bargaining. Compensation Settlement for Metropolitan Police Department Civilian Communication and Cellblock Employees in Compensation Unit 1 Emergency Approval Resolution of 1998: Pursuant to Resolution 12-768, effective November 10, 1998, the Council approved, on an emergency basis, a negotiated settlement agreement for civilian members of the District of Columbia Metropolitan Police Department Communications Division and Cellblock Unit covered by collective bargaining. Compensation Settlement for Employees in Compensation Unit 4 Emergency Approval Resolution of 1998: Pursuant to Resolution 12-776, effective November 10, 1998, the Council approved, on an emergency basis, a negotiated settlement agreement for uniformed members of the Fire and Emergency Medical Services Department covered by collective bargaining. Compensation Settlement for DS-699 (Emergency Medical Technician, Intermediate Technician, and Paramedic) Employees in Compensation Unit 1 Emergency Declaration Resolution of 1998: Pursuant to Resolution 12-844, effective December 15, 1998, the Council approved, on an emergency basis, a negotiated settlement agreement for civilian employees in series DS-699 (Emergency Medical Technician, Intermediate Technician, and Paramedic) of the Fire and Emergency Medical Services Department in Compensation Unit 1 covered by collective bargaining.

Resolutions

Resolution 15-794, the “Compensation Agreement between the District of Columbia and Compensation Unit 33 Approval Resolution of 2004”, was approved effective December 21, 2004.

Resolution 15-796, the “Compensation Settlement for Employees Represented by the American Federation of State, County, and Municipal Employees, Local 2095, and the American Federation of Government Employees, Local 383, Approval Resolution of 2004”, was approved effective December 21, 2004.

Resolution 16-111, the “Compensation Settlement for Employees Represented by the Services Employees International Union, District 1199-E-DC Approval Resolution of 2005”, was approved effective April 5, 2005.

Resolution 16-160, the “Police Compensation Approval Resolution of 2005”, was approved effective June 7, 2005.

Resolution 16-250, the “Compensation Correction for Employees in Class 3, Compensation Unit #3 Emergency Approval Resolution of 2005”, was approved effective July 6, 2005.

Resolution 16-287, the “Compensation Agreement Between the District of Columbia and Compensation Unit 13 Approval Resolution of 2005”, was approved effective September 20, 2005.

Resolution 16-380, the “Compensation Agreement Between the District of Columbia and the Doctors Council of the District of Columbia Representing Compensation Unit 19 Approval Resolution of 2005”, was approved effective November 15, 2005.

Resolution 18-423, the “Compensation and Working Conditions Collective Bargaining Agreement between the District of Columbia Public Schools and Teamsters Locals 639 and 730, affiliated with the International Brotherhood of Teamsters Approval Resolution of 2010”, was approved effective March 16, 2010.

Resolution 18-531, the “Compensation and Working Conditions Collective Bargaining Agreement Between the District of Columbia and the Washington Teachers’ Union, American Federation of Teachers Local No. 6, AFL CIO Emergency Approval Resolution of 2010”, was approved effective June 29, 2010.

§ 1–617.18. Evaluation process for public school employees.

Notwithstanding any other provision of law, rule, or regulation, during fiscal year 2006 and each succeeding fiscal year the evaluation process and instruments for evaluating District of Columbia Public Schools employees shall be a non-negotiable item for collective bargaining purposes.

(Mar. 3, 1979, D.C. Law 2-139, § 1718; as added Oct. 16, 2006, 120 Stat. 2039, Pub. L. 109-356, § 302.)

Prior Codifications

1981 Ed., § 1-618.18.

Cross References

Mayor and Council members, coverage, see § 1-602.02.

Merit system, coverage and limitations of Chapter 6 of Title 1, see § 1-602.02.

Merit system, effective date provisions, see § 1-636.02.

Editor's Notes

Pub. L. 104-134, § 143, Apr. 26, 1996, 110 Stat. 1321 214, provided as follows:

“§ 1-617.18. Public school employee evaluations.”

“Notwithstanding any other provision of law, rule, or regulation, the evaluation process and instruments for evaluating District of Columbia Public Schools employees shall be a nonnegotiable item for collective bargaining purposes.”