Section 6-B538. GRIEVANCE ARBITRATION REVIEW REQUEST

 

538.1 A party to a grievance arbitration proceeding who is aggrieved by the arbitration award may file a request for review with the Board not later than twenty-one (21) days after service of the award. The review request shall be filed electronically with the Board pursuant to §§ 501 and 561. Service of the arbitration award on a party shall be deemed completed by the Board upon personal delivery during business hours, depositing the document in the United States mail, properly addressed, first class postage prepaid, electronic mail, or by facsimile transmission. Whenever an award is served by U.S. mail, five (5) days shall be added to the prescribed period of time to file a request for review with the Board. The arbitration review request shall be designated “Arbitration Review Request” and shall contain the following information, set forth in numbered paragraphs:

 

(a)The name, address, and telephone number of the agency (or agency subdivision) involved, including the name of the person to contact;

 

(b)The name, address, and telephone number of the labor organization having exclusive recognition, including the name of the person to contact;

 

(c)The name, address, and telephone number of the arbitrator;

 

(d)A statement of the reasons for requesting review of the award;

 

(e)A copy of the award and affidavit or other proof of the date of service of the award; and

 

(f)Any other portion of the arbitration record upon which parties intend to rely in the arbitration review request.

 

538.2An opposition to the arbitration review request may be filed with the Board by the other party to the arbitration proceeding not later than fourteen (14) days after service of the request. The Board may issue a Decision and Order requiring the parties to submit additional briefs. The parties will then have fourteen (14) days from the issuance of the Board’s Decision and Order to file briefs concerning the matter. Oral arguments may be permitted at the discretion of the Board.

 

538.3In accordance with D.C. Official Code § 1-605.02(6) (2014 Repl.), the only grounds for an appeal of a grievance arbitration award to the Board are the following:

 

(a)The arbitrator was without authority or exceeded the jurisdiction granted;

 

(b)The award on its face is contrary to law and public policy; or

 

(c)The award was procured by fraud, collusion or other similar and unlawful means.

 

538.4The Board, after consideration of the review request, the opposition, and briefs and oral arguments, if any, shall make a determination which may reject the request for lack of jurisdiction or sustain, set aside or remand the award in whole or in part. The parties to an arbitration review request are responsible for preparing and filing with PERB any portion of the arbitration record, in addition to the arbitration award, upon which they intend to rely in the arbitration review request. The Board will base its decision on the record submitted by the parties, subject to the Board’s limited authority to review arbitration awards pursuant to D.C. Official Code § 1-605.02(6) (2014 Repl.) and § 538.3.

 

 

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 42 DCR 6383 (November 17, 1995); as amended by Final Rulemaking published at 59 DCR 4223 (May 4, 2012); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015).