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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 6. PERSONNEL |
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SubTilte 6-B. GOVERNMENT PERSONNEL |
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Chapter 6-B5. RULES OF THE PUBLIC EMPLOYEE RELATIONS BOARD |
Section 6-B500. GENERAL PROVISIONS
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500.1The District of Columbia Public Employee Relations Board (“Board”) was established in 1979 by § 501 of the Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-605.01 et seq. (2014 Repl.)) (“CMPA”), and administers the Labor-Management Relations Program for the District of Columbia pursuant to §§ 1701 – 1718 of the CMPA (D.C. Official Code §§ 1-617.01 et seq. (2012 Repl.)).
500.2The five Board members are appointed by the Mayor with the advice and consent of the Council of the District of Columbia. The Board may appoint such employees as may be required to conduct its business.
500.3The Executive Director shall be the principal administrative officer of the Board and performs such duties as designated by the CMPA or as assigned by the Board, including the investigation of all petitions, requests, complaints, and other matters referred or submitted to the Board.
500.4The Executive Director shall be authorized, among other things, to conduct conferences, investigations and hearings, administer oaths, issue subpoenas, sign and issue notices and reports, certify copies of papers and documents, consider timely requests for extensions of time and, pursuant to action by the Board or by an authorized panel thereof, sign and issue decisions and orders made by or on behalf of the Board. A decision made by the Executive Director shall become final unless a party files a motion for reconsideration within thirty (30) days after issuance of the Executive Director’s decision.
500.5The duly authorized and official documents of the Board of every description and without exception, including but not limited to decisions, orders, notices, subpoenas and other communications, may be signed on behalf of the Board by the Executive Director or any staff members or agents empowered to sign on the Board’s behalf.
500.6The Board shall have the authority to retain legal counsel to represent it in relation to enforcing its orders and otherwise carrying out its powers and duties under the CMPA.
500.7All communications may be addressed to the PUBLIC EMPLOYEE RELATIONS BOARD, 1100 Fourth Street, SW, Suite E630, Washington, D.C. 20024.
500.8The business hours of the office shall be from 8:30 a.m. to 4:45 p.m., Monday through Friday, exclusive of District of Columbia holidays.
500.9The regular meetings of the Board shall be held on the third Thursday of each month unless otherwise scheduled, and shall be held at the Board’s offices, unless otherwise specified.
(a) The official acts of the Board shall be recorded in the minutes of the Board, which shall be certified and maintained by the Executive Director.
(b) The Board shall not be bound in any way by any action or statement of an individual member or group of members of the Board, except when that action or statement is authorized by an official act of the Board or the provisions of this chapter.
(c) Unless specifically provided for by a majority of the Board members present or under waiver of the rules, only the following may address the Board or participate in the discussion of matters at regular monthly, special, or emergency meetings of the Board: Members of the Board, the Executive Director, staff, and agents of the Board.
(d) Notice of Meetings. The Executive Director shall give timely notice of all meetings of the Board to the public, and such notice shall contain the time, date, and location of the meeting and the purpose or agenda of the meeting.
500.10The Board may hold a special meeting at any time at the request of the Chair, any member of the Board, or the Executive Director.
500.11Three (3) members shall constitute a quorum. No decision of the Board shall be valid unless supported by the majority of a quorum.
(a) If a Board member cannot attend a meeting in person, that member may participate in the Board meeting via teleconference upon notice three (3) or more days prior to the Board meeting.
(b) If a Board member cannot attend a meeting in person or via teleconference, that Board member will provide reasonable notice to the Chair and the Executive Director.
(c) The Chair will designate one Board member to take notes during any Executive Session.
(d) If the Government of the District of Columbia is closed due to weather or a national emergency or other event, then a meeting by the Board scheduled to occur during the closure is deemed cancelled.
500.12The public may inspect the rules, decisions, and public records of the Board upon written request filed within a reasonable time period in advance of inspection. There shall be no prescribed form for requests for inspection. Written requests shall be submitted to the Executive Director.
500.13Opinions, decisions, and orders of the Board shall be forwarded for publication in the D.C. Register within sixty (60) days of issuance, pursuant to D.C. Official Code § 1-605.04 (2014 Repl.).
500.14Any person may request in writing copies of slip opinions of the Board’s opinions, decisions, orders, certifications, or other documents, in accordance with D.C. Official Code §§ 2-531 - 2-540 (2012 Repl. & 2014 Supp. ).
500.15The parties to a collective bargaining agreement may submit copies of the agreement to the Board for informational purposes after final execution of the agreement.
500.16A labor organization that represents employees of the District of Columbia Government shall transmit to the Board the name(s), telephone number(s), and mailing address(es) of each appointed and elected office holder.
500.17No party shall engage in any ex parte communication with a hearing officer or with any member of the Board regarding proceedings pending before the Board.
500.18Ex parte communications, which involve the merits of the case or those which violate other rules requiring submissions to be in writing, are prohibited. Interested parties may make inquiries to the Executive Director about such matters as the status of a case, when it will be heard, and the method of transmitting evidence to the Board. Parties may not make a submission orally, which is required to be in writing, or inquire about such matters as what defense they should use or whether their evidence is adequate.
500.19Except during settlement discussions, ex parte communications concerning the merits of any matter before the Board for adjudication, or communications which otherwise violate rules requiring written submission, are prohibited from the time the persons involved have knowledge that the matter may be considered by the Board until the Board has rendered a final decision.
500.20If a prohibited oral communication occurs, the Hearing Examiner or other presiding official shall describe that occurrence on the record with notice to the parties either by filing a memorandum or by making a statement. If a prohibited communication occurs in writing, the Hearing Examiner or presiding official shall file any writing delivered to him or her.
500.21If a Hearing Examiner or the Executive Director determines that a party has initiated a prohibited ex parte communication, the Hearing Examiner or the Executive Director may impose such procedural sanctions or remedial actions as may be appropriate under the circumstances.
500.22Opinions, certifications, authorizations, decisions and orders of the Board are final, unless otherwise stated therein, for purposes of judicial review pursuant to D.C. Official Code §§ 1-617.13(c) and 1-605.02(12) (2014 Repl.).