Section 5-E699. DEFINITIONS

 

699.1When used in this chapter or in Chapter 7, the following terms and phrases shall have the meanings ascribed:

 

Agreement - a written understanding between the Board of Education and an exclusively recognized labor organization that establishes, for a specific length of time, the terms and conditions of employment, the respective rights and obligations of the parties to the understanding, and the procedures to be followed in settling disputes or handling issues that arise during the term of the understanding.

 

American Arbitration Association - a private, non-profit, non-partisan organization founded in 1926 to foster the study of arbitration, to perfect the techniques of arbitration under the law, and to administer arbitration in accordance with the provisions of agreements between parties. The services of the organization are used to facilitate the appointment of an arbitrator.

 

Appropriate bargaining unit - a group or category of employees recognized by the Board of Labor Relations for the purpose of representation in labor relations.

 

Advisory arbitration - the process of resolving labor/management disputes through the services of an impartial third party who is authorized to issue recommendations following the presentation of evidence and argument by both parties.

 

Binding arbitration - the process of using an impartial third party to resolve labor/management disputes where both parties agree in advance to accept and be bound by the award of the arbitrator.

 

Board - the Board of Education of the District of Columbia or its duly designated representative.

 

Board of Labor Relations - an impartial body established by the District of Columbia to provide for the orderly resolution of disputes between labor organizations and management within the District of Columbia.

 

Collective bargaining - the process of negotiation used by the Board and an exclusively recognized labor organization to reach an agreement which is subject to ratification.

 

Days - unless specifically provided otherwise, all time limits provided for this chapter shall be deemed to be calendar days.

 

Employee - any person employed by the Board of Education, with the exception of the members of the Board; the Superintendent of Schools; person in coterminous appointments; persons in managerial positions; persons who assist or have a confidential relationship with any management official who has a functional responsibility for or official knowledge of labor relations matters as part of that official’s duties with the school system; and persons whose duties are of a temporary or casual nature.

 

Exclusive recognition - the status afforded to a labor organization which has been certified by the Board of Labor Relations as the sole representative of all employees in an appropriate bargaining unit, regardless of union membership, pursuant to a representative election.

 

Fact-finding - a process by which negotiating parties who have reached an impasse appoint one or more impartial persons to review the issues and the positions of both parties on each issue as a means of resolving differences of fact. The fact-finder issues a report with recommendations which may serve as a basis for further negotiations and agreement.

 

Federal Mediation and Conciliation Service - an independent agency of the federal government that provides mediators to parties in both the public and private sectors who have reached an impasse in collective bargaining.

 

Impasse - the inability of parties in collective bargaining to reach an agreement after making a good faith effort to do so.

 

Labor Organization - an organization in which employees participate and that exists for the primary purpose of representing the interests of employees in labor disputes, grievances, and collective bargaining.

 

Mediation - the process of attempting to resolve a dispute between labor and management over the terms and conditions of employment under an existing agreement through the appointment of an impartial third party who, by means of persuasion and conciliation, assists the parties to achieve a compromise or other solution.

 

Ratification - the process through which the Board of Education and a labor organization approve and agree to be bound by the terms and provisions of an agreement reached through collective bargaining.

 

Strike - a concerted action by employees to induce, influence, or coerce a change in terms and conditions of employment through their willful refusal to report to duty; their willful refusal to report to their positions; or their willful stoppage, in full or in part, of the full and proper performance of the duties of employment.

 

Supervisor - any employee whose duties entail the exercise of independent judgment and authority to effect or effectively recommend the hiring, transfer, suspension, lay-off, recall, promotion, discharge, assignment, recognition, or discipline of other employees, or the responsibility to direct or evaluate the performance of other employees, or to adjust the grievances of other employees.

 

source

Final Rulemaking published at 24 DCR 6446, 6449 (February 3, 1978).