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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-B501. CONSTRUCTION, COMPUTATION AND EXTENSIONS OF TIME, FILING AND SERVICE OF DOCUMENTS
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501.1The rules of the Board shall be construed broadly to effectuate the purposes and provisions of the CMPA. When an act is required or allowed to be done within a specified time by these rules, the Board, Chair or the Executive Director shall have the discretion, upon timely request, to order the time period extended or reduced to effectuate the purposes of the CMPA, except that no extension shall be granted for the filing of initial pleadings.
501.2A request for an extension of time shall be in writing and made at least three (3) business days prior to the expiration of the filing period. Exceptions to this requirement may be granted for good cause shown as determined by the Executive Director.
501.3The request for an extension of time shall indicate the purpose and reason for the requested extension of time and the positions of all interested parties regarding the extension. With the exception of the time limit for the filing of the initial pleading that begins a proceeding of the Board, the parties may waive all time limits established by the Board by written agreement in order to expedite a pending matter.
501.4Whenever a period of time is measured from the service of a pleading and service is by first-class U.S. mail, five (5) days shall be added to the prescribed period.
501.5In computing any period of time prescribed by these rules, the time begins to run the day after the event occurs. Whenever the last date to file a document falls on Saturday, Sunday, or a District of Columbia holiday, the period shall extend to the next business day. All prescribed time periods are calendar days, unless specified as business days.
501.6All pleadings filed with the Board shall be in the form designated by these rules. If the Board has not designated a form, the party seeking action by the Board shall use only 8 1/2 x 11 inch plain white paper and shall include the following:
(a) The name, address, and telephone number of each party, if known;
(b) The title of the proceeding and the case number, if known;
(c) The name, title, address, and telephone number of the person signing and the date of signing; and
(d) A certificate of service.
501.7As illustrated in the following example, all pleadings shall contain a caption setting forth the name of the Board, the title of the proceeding, the case number, if known, and the title of the pleading:
GOVERNMENT OF THE DISTRICT OF COLUMBIA
PUBLIC EMPLOYEE RELATIONS BOARD[Name of Party],)
Complainant,)
)
v.)PERB Case No. ___
)
[Name of Party],)
Respondent.)
UNFAIR LABOR PRACTICE COMPLAINT
501.8Every pleading that is filed to initiate a proceeding with the Board shall include the following:
(a)A concise statement of the nature of the case, the relief requested, and the basis for entitlement; and
(b)A concise statement of all information deemed relevant, which shall be set forth in numbered paragraphs.
501.9Pleadings submitted to the Board shall be typed or legibly hand-written, and limited to twenty (20) double-spaced pages. Requests to increase the page limitation shall be timely submitted to the Executive Director. The page limitation of this rule does not apply to pleadings filed with the trier of fact when the trier of fact is not the Board itself.
501.10[REPEALED].
501.11 An initial pleading shall not be considered filed with the Board, unless it is received electronically pursuant to § 561.
(a)Exception: A pro se individual, acting on his or her own behalf, shall file an initial pleading by personal delivery during business hours as defined in § 500.8. A pro se individual may utilize the Board’s public access terminal to upload the document free of charge.
(b)An initial pleading must be served on the other party or parties by personal delivery, commercial delivery, or U.S. mail.
501.12Non-initial pleadings must be filed with the Board electronically pursuant to § 561. A party submitting a non-initial pleading to the Board shall concurrently serve a copy of the pleading on every other party, unless otherwise directed by these rules or by instructions from the Board. If a party is represented by an attorney or other representative, it shall be sufficient to serve the attorney or representative. Every pleading filed with the Board shall include a signed certificate of service naming all other parties and attorneys or representatives, if any, on whom concurrent service was made, and shall state how and when such service was made.
(a)All non-initial pleadings must be electronically served on every other party through File & ServeXpress, except for service on a pro se individual, acting on his or her own behalf. A pro se individual may serve a party by personal delivery, commercial delivery, or U.S. mail. Instances where a party has not yet signed up for File & ServeXpress, service on that party may be made through personal delivery, commercial delivery, or U.S. mail.
(b)A pro se individual, acting on his or her own behalf, must be served by personal delivery, commercial delivery, or U.S. mail, unless the pro se individual has waived such method of service in writing and agreed to be served by email or electronically.
501.13An initial pleading that is filed will be assigned a filing date and case number. The Board or its designated representative shall review the pleading to determine whether it was filed in accordance with the procedural requirements of the CMPA and these rules. If the review reveals that the pleading was not filed in accordance with the CMPA or these rules, the Executive Director shall notify the party or the party’s representative and allow seven (7) days from the date of notice for the filing deficiencies to be cured. Failure to cure deficiencies shall result in dismissal without further notice.
501.14Interested persons who wish to intervene in a proceeding shall promptly direct such requests to the Executive Director. The request shall be filed electronically pursuant to § 561 and shall state the grounds for intervention.
501.15The Board or its designee shall have discretion to grant or deny a request for intervention, basing the decision on the nature of the interests of the intervenor, whether those interests will be adequately protected by existing parties, and the timeliness of the intervenor’s request.
501.16[REPEALED].
501.17[REPEALED].
501.18Where there is a change in representation, a representative for a party shall enter a notice of appearance in a case and serve a copy on all parties to the proceeding.