Code of the District of Columbia

§ 1–617.17(Perm). 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.

(c) Repealed.

(d) Repealed.

(e) Repealed.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.