Section 6-B599. DEFINITIONS


Latest version.
  •  

    599.1As used in this chapter, the following terms and phrases shall have the meanings ascribed:

     

    Agency - Any entity that is so defined in the CMPA.

     

    Arbitrator - A neutral person selected by the parties or appointed by the Board or by the Executive Director to resolve disputed labor-management issues by issuing a final and binding decision after presentation by the parties of evidence and argument.

     

    Days - Calendar days, unless otherwise specified.

     

    Board - The District of Columbia Public Employee Relations Board.

     

    Decision-making personnel - Any Hearing Examiner, employee, or Board Member of the Board who reasonably may be expected to participate in the decision-making process of the Board.

     

    Ex parte Communication - Any oral or written communication between decision-making personnel of the Board and an interested party to a proceeding without providing the other parties the opportunity to participate.

     

    Fact-finding - The procedure in which one or more neutral persons review the positions of the parties in a negotiation impasse with a view towards focusing attention on the issues in dispute and resolving differences as to facts.

     

    Impasse - The point in collective bargaining negotiations at which no further progress can be made by the parties without the intervention of a neutral third party, except as otherwise defined by the CMPA for compensation bargaining.

     

    Interested party - Any party or representative of a party involved in a proceeding before the Board; or any other person who might be affected by the outcome of a proceeding before the Board.

     

    Issuance - The date of service on one or more parties of a decision, order, or correspondence from the Board.

     

    Mediation - The procedure in which a neutral person is selected or appointed to attempt to persuade the parties to a labor-management dispute to compromise or otherwise settle their differences by a solution which they reach themselves.

     

    Panel - Either three members of the Board who have been designated to hear a particular matter brought before the Board or a tripartite committee of arbitrators who have been appointed to hear a particular matter.

     

    Party - Any person, employee, group of employees, organization, agency, or agency subdivision initiating such a proceeding as authorized by these rules or named as a participant in such a proceeding or whose intervention in a proceeding has been granted or directed under the authority of the Board.

     

    Pleadings - Complaint(s), petition(s), appeal(s), request(s) for review or resolution, motion(s), exception(s), brief(s), and responses to the foregoing.

     

    Pro se individual – A party who is not represented by legal counsel nor represented in proceedings before the Board by a representative from a labor organization.

     

    Showing of Interest - Proof offered to the satisfaction of the Board establishing that a percentage (as defined by these rules) of employees in a proposed or existing unit desires representation by a petitioner seeking exclusive recognition or by another labor organization seeking to intervene in a representation proceeding, or that the unit employees no longer desire representation by a labor organization.

     

     

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 62 DCR 12688 (September 25, 2015).