District of Columbia Administrative Code

520 UNFAIR LABOR PRACTICE COMPLAINTS 520.1 The rules in this section detail the procedures for initiating, processing, and resolving complaints that the agency, employees, or a labor organization has committed or is committing an unfair labor practice in violation of D.C. Officia…

521 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

522 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

523 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

524 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

525 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

526 IMPASSE RESOLUTION PROCEEDINGS: COMPENSATION NEGOTIATIONS 526.1 A notice of impasse under D.C. Official Code §§ 1-617.17(f)(2) or (3) (2016 Repl.) may be filed by one or both of the parties and must include the following: (a) The name of the chief negotiator for each party; (…

527 IMPASSE RESOLUTION PROCEEDINGS: NONCOMPENSATION NEGOTIATIONS 527.1 Upon receipt of a request for impasse resolution concerning terms and conditions of employment other than compensation, or upon its own motion, the Executive Director may declare an impasse when the following …

528 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

529 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

530 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

531 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

532 NEGOTIABILITY APPEAL PROCEEDINGS 532.1 If in connection with collective bargaining, an issue arises as to whether a proposal is within the scope of bargaining, the party presenting the proposal may file a negotiability appeal with the Board. If a negotiability issue exists at…

533 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

534 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

535 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

536 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

537 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

538 GRIEVANCE ARBITRATION REVIEW REQUEST 538.1 A party to a grievance arbitration proceeding who is aggrieved by the arbitration award may file with the Board a request for review of the award no later than twenty-one (21) days after service of the award. Service of the arbitrati…

539 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

540 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

541 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

542 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

543 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

544 STANDARDS OF CONDUCT COMPLAINTS 544.1 The provisions of D.C. Official Code § 1-617.03 (2016 Repl.), concerning the standards of conduct for labor organizations, must govern the conduct of any labor organization that has been accorded exclusive recognition under D.C. Official …

545 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

546 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

547 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

548 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

549 EX PARTE COMMUNICATIONS 549.1 For purposes of this section, the phrase “ex parte communication” means any oral or written communication between decision-making personnel and a party in a proceeding, the party’s representative, or any other person who might be affected by the …

550 HEARINGS 550.1 The purpose of a hearing is to develop a full and factual record upon which the Board may make a decision. A party with the burden of proof must carry that burden by a preponderance of the evidence. 550.2 In any proceeding when a hearing is to be held, the Exec…

551 RECORDING OF HEARINGS 551.1 When a hearing is directed by the Board, the Board shall make arrangements for the hearing to be recorded by stenographic or other means that adequately preserves the record. The parties may order transcripts and shall bear the cost of any transcri…

552 CLOSING ARGUMENTS AND BRIEFS 552.1 Any party is entitled, upon request, to a reasonable time for oral argument before the close of the hearing. Upon the agreement of all parties or at the direction of the hearing examiner, the parties may make oral or written closing argument…

553 HEARING EXAMINER’S REPORT/EXCEPTIONS 553.1 Following a hearing, the hearing examiner must submit a report and recommendations to the Executive Director and the parties no later than thirty-five (35) days following the submission of post-hearing briefs, if any, or following th…

554 SUBPOENAS 554.1 An application for issuance of a subpoena requiring a person to appear and testify at a specific place and time or to produce designated documents must be made in writing to the Executive Director. All requests for subpoenas ad testificandum must clearly ident…

555 MOTIONS 555.1 Motions must briefly state the relief sought and set forth with particularity the grounds for the motion. A motion, other than one made at a hearing, must be filed with the Board and meet the requirements of §§ 502 and 561. 555.2 Any response to a written motion…

556 INTERLOCUTORY APPEALS 556.1 Unless authorized by the Board, interlocutory appeals to the Board from rulings by the Executive Director, a hearing examiner, or other Board agents are not permitted. The Board will consider objections to such rulings when it examines the record o…

557 DISQUALIFICATION 557.1 A hearing examiner or Board member must withdraw from proceedings whenever that person has a conflict of interest. 557.2 When a party requests a hearing examiner to withdraw and the hearing examiner does not withdraw, the hearing examiner must state the…

558 MEDIATION AND SETTLEMENT OF DISPUTES 558.1 It is Board policy to encourage voluntary efforts of parties to settle disputes involving issues of representation, unfair labor practices, standards of conduct, or issues arising during negotiations. 558.2 Parties’ efforts at resolu…

559 ISSUANCE AND RECONSIDERATION OF ORDERS 559.1 A decision and order of the Board is final upon service on the parties either through File & ServeXpress or as provided in § 502.10(a). The Board may reopen a case on its own motion within fourteen (14) days after issuance of the d…

560 ENFORCEMENT 560.1 A prevailing party in a case may petition the Board to seek judicial process to enforce an order of the Board issued in the case if: (a) The respondent in the case has failed to comply with the order; (b) Neither a motion for reconsideration nor a request fo…

561 ELECTRONIC FILING 561.1 All pleadings, motions, memoranda of law, orders, or other documents to be filed in connection with a case must be filed electronically through File & ServeXpress, except for documents excluded by these rules, including §§ 502.5 and 502.10(a), or by or…

561 – 565 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

561 – 565 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

561 – 565 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

561 – 565 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

566 LIST OF NEUTRALS 566.1 The Board must establish and maintain on its website a list of persons qualified to act as neutrals in resolving disputes. The list must specify, for each person, the capacities for which that person is qualified (for example, mediator, fact-finder, arb…

567 AMENDMENTS TO RULES 567.1 Whenever the Board deems amendment of these rules to be in the public interest, it must give notice of the proposed amendments in accordance with the requirements in the District of Columbia Administrative Procedure Act, D.C. Official Code § 2-505. C…

568 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).

569 RESERVED SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990).