Section 6-B527. IMPASSE RESOLUTION PROCEEDINGS: NON-COMPENSATION NEGOTIATIONS

 

527.1Upon receipt of a request for impasse resolution concerning terms and conditions of employment other than compensation, or upon its own motion, the Board may declare an impasse when the following has occurred:

 

(a)After a reasonable period of negotiations, further negotiation appears to be unproductive; or

 

(b)An impasse is declared in compensation negotiations covering the same employees as the terms and conditions negotiations.

 

527.2Upon receipt of a request for impasse resolution procedures for non-compensation matters, the Executive Director shall initiate an informal inquiry. If the Executive Director determines that the parties have been unable to reach agreement, despite diligent efforts, the Executive Director shall consult with the parties regarding their choice of impasse resolution procedures. The parties may decide, by mutual agreement, to engage in any of the impasse resolution procedures outlined in D.C. Official Code § 1-617.02(c) (2014 Repl.).

 

527.3If the parties are unable to agree upon a mediator, the Executive Director shall appoint one or request that the Federal Mediation and Conciliation Service provide one.

 

Any information disclosed by the parties to a mediator, including all records, reports and documents prepared or received by the mediator in the performance of his or her duties shall be deemed confidential.

 

527.4

 

(a)If the parties have not reached agreement on the type of impasse resolution procedures to be utilized, the Board may direct fact-finding procedures in the following manner:

 

(i)The parties may jointly request the assignment of a specific fact-finder, fact-finder selection service, or request that the designated mediator also serve as the fact-finder or as a member of a fact-finding panel;

 

(ii)If the parties are unable to make a selection from a list supplied by the Board, the Board shall assign a fact-finder or panel of its choice or fact-finder selection service;

 

(b)The fact-finder shall provide the services defined under the term “fact-finding” in § 599;

 

(c)The fact-finder shall meet with the parties within seven (7) days after appointment, hold conferences and hearings, if necessary, to facilitate the fact-finding process and take such other steps as necessary to investigate, and to effect settlement of the impasse through fact-finding;

 

(d)The fact-finder shall make a written report of findings of fact and recommendations for resolution of the impasse. The Board may set a deadline for the submission of the report, which shall be submitted confidentially to the parties and to the Board, unless the parties resolve the dispute prior to the submission of the written report; and

 

(e)If the parties are unable to resolve the dispute within seven (7) days after the Board receives the report and recommendations, the Board may make the report and recommendations public using the news media or other appropriate means.

 

527.5The Board may direct that interest arbitration procedures for non-compensation matters be utilized as follows:

 

(a)The parties may jointly request the assignment of a particular arbitrator, or the use of a particular arbitration selection service. If the parties do not make such a request(s), the Executive Director shall submit to each of the parties a list of at least five (5) names of arbitrators;

 

(b)Each party shall have seven (7) days from the date of the submission in which to examine the list, cross off as many as two (2) names, number the remaining names in order of preference and return the list to the Executive Director;

 

(c)The Executive Director shall appoint an arbitrator with due consideration for the order of preference indicated by the parties;

 

(d)If the appointed arbitrator declines or is unable to serve, the Executive Director may appoint another arbitrator from the original list who was not previously rejected by either party;

 

(e)Parties to any negotiations may, by agreement, provide for an alternative method for the selection of one or more arbitrators. In such instances, §§ 527.5(a-d) shall apply only in the event of the failure to select an arbitrator by the alternative method;

 

(f)Within seven (7) days after appointment, the arbitrator and the parties, with the assistance of the Executive Director, if necessary, shall jointly select a date, time, and place for the hearing; and

 

(g)Arbitration awards shall be in writing and signed by the arbitrator and shall be served on the parties within thirty (30) days after the arbitrator has been appointed, unless otherwise agreed to by the parties. A statement of the arbitrator’s fee and expenses shall be submitted with the award.

 

527.6When fact-finding and arbitration proceedings are directed by the Board in non-compensation matters, they may proceed in the absence of any party who, after due notice, fails to be present and fails to obtain an adjournment.

 

 

authority

Comprehensive Merit Personnel Act of 1978, effective March 3, 1979, as amended (D.C. Law 2-139; D.C. Official Code § 1-605.02(11) (2014 Repl.)).

source

Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015).