Section 6-B1625. APPEAL RIGHTS  


Latest version.
  • 1625.1An employee who disputes a final agency reprimand, corrective, adverse, or enforced leave action under this chapter may seek one (1) of the following remedies:

    (a)If the matter is covered by a grievance procedure negotiated between the District and a labor organization, the employee may elect to pursue a grievance in accordance with the applicable collective bargaining agreement;

    (b)For enforced leave actions of less than ten (10) days and for corrective actions, the employee may elect to pursue a grievance within ten (10) days from the issuance date of the final agency action;

    (c)For enforced leave actions of ten (10) or more days and adverse actions, the employee may elect to appeal the final agency action to the Office of Employee Appeals (OEA) within thirty (30) days of the effective date of the final agency decision; and

    (d)For any other agency actions under this chapter, the employee may elect to pursue a grievance within forty-five (45) business days from the date of the alleged violation or final action, whichever is later.  

    1625.2An employee may elect only one (1) of the remedies specified in § 1625.1. Whenever a labor organization acts on behalf of the employee, the employee shall be deemed to have made his or her election of remedy, irrespective of whether the employee consented to the election.

    1625.3Neither grievances nor appeals to OEA shall delay implementation of any final agency action under this chapter.

     

authority

Child and Youth, Safety and Health Omnibus Amendment Act of 2004 (CYSHA), effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 4-1501.01 et seq. (2012 Repl.)); Sections 422 (2), (3), and (11) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 790; D.C. Official Code §§ 1-204.22(2), (3), and (11) (2016 Repl.)); Mayor’s Order 2008-92, dated June 26, 2008; and Mayor’s Order 2012-84, dated June 18, 2012, and with the concurrence of the City Administrator.

source

Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016); as amended by Final Rulemaking published at 64 DCR 4623 (May 12, 2017).