Section 5-E610. BOARD OF LABOR RELATIONS

 

610.1The Board of Labor Relations of the District of Columbia shall be authorized to hear and decide appeals on issues in dispute between the Board of Education and a labor organization as set forth in this section.

 

610.2A labor organization may appeal an adverse determination by the Superintendent of Schools with regard to the timeliness of the submission of a petition for recognition or decertification pursuant to §§ 606 and 607.

 

610.3A labor organization that has submitted evidence of a show of interest required by this chapter may appeal the Superintendent's determination of the appropriate bargaining unit pursuant to § 607.

 

610.4Objections concerning the conduct of an election may be filed by any labor organization on the ballot of the election, or by the Superintendent of Schools acting on behalf of the Board.

 

610.5A challenge for cause of the eligibility of any person who has voted in an election may be filed by any labor organization on the ballot of the election or by the Superintendent of Schools acting on behalf of the Board.

 

610.6In the case of a challenge brought under § 610.5, all challenged ballots shall be impounded. If the challenged ballots are of sufficient number as to affect the results of the election, the Board of Labor Relations is authorized to investigate the challenged ballots and to issue a report of its findings.

 

610.7Any labor organization on the ballot in an election, or the Superintendent of Schools acting on behalf of the Board, may challenge the winning labor organization's capacity and willingness to fairly represent the interests of the bargaining unit.

 

610.8The following actions under this section shall be filed within five (5) days of the certification of election results:

 

(a)Objections concerning the conduct of an election under § 610.4;

 

(b)Challenges for cause of the eligibility of any person who voted in an election under § 610.6; and

 

(c)Challenges to the winning labor organization's capacity and willingness to fairly represent the interests of the bargaining unit under § 610.7.

 

610.9All appeals and challenges made to the Board of Labor Relations pursuant to this section shall be conducted in accordance with the rules and regulations established by the Board of Labor Relations.

 

610.10The decisions of the Board of Labor Relations on appeals and challenges brought under this section shall be binding upon all parties.

 

610.11The Board of Labor Relations shall be authorized to determine whether certain employees of the Board are management officials, and are thereby excluded from any bargaining unit pursuant to § 607.11, when the status of the employees is in dispute or undecided in the following instances:

 

(a)When the Superintendent’s determination of an appropriate bargaining unit has been challenged pursuant to § 610.3; or

 

(b)When a petition for clarification of an existing bargaining unit is filed by the Superintendent of Schools or by a labor organization pursuant to § 604.

 

610.12Prior to the designation of an employee as a management official pursuant to §610.11, a hearing shall be held by the Board of Labor Relations in accordance with its rules and procedures.

 

610.13The designation of an employee as a management official shall not become effective during a period of unchallenged, certified representation by a labor organization, pursuant to § 607, but shall become effective upon the termination of the period of unchallenged, certified representation.

 

610.14Either party to collective bargaining may file an appeal of the negotiability of any item that it has proposed for negotiation. The rules and procedures of the Board of Labor Relations shall govern the negotiability appeal process. The negotiability of any proposed item shall be determined pursuant to the rules of the Board of Education defining scope of collective bargaining, and any other applicable law or regulation.

 

source

Final Rulemaking published at 24 DCR 6446, 6463 (February 3, 1978).