Section 6-B503. COMPENSATION UNIT DETERMINATION

 

503.1An agency, a labor organization, or a group of labor organizations may file a “Petition for Compensation Unit Determination” seeking a determination of an appropriate unit for the purpose of negotiations for compensation. The petition shall be filed electronically with the Board pursuant to §§ 501 and 561.

 

503.2The Board may on its own motion initiate proceedings for the determination of units for compensation bargaining absent the filing of a petition by any party.

 

503.3A petition for the determination of a compensation unit shall meet the requirements of §§ 501 and 561 and shall also include the following:

 

(a)The name and address of each personnel authority, agency, and labor organization that may be affected by the petition;

 

(b)A description of the proposed unit, setting forth the numbers and types of employees to be included;

 

(c)A list of the pay, retirement, and other compensation systems to be included in the proposed unit; and

 

(d)A showing that the proposed unit consists of broad occupational groups so as to minimize the number of pay systems.

 

503.4Upon the filing of a petition or commencement of proceedings by the Board on its own motion for the determination of a compensation unit, the Executive Director shall prepare an official Notice to be posted by the employing agency in conspicuous places on employee bulletin boards at work sites of employees in the proposed unit and to be distributed in a manner by which notices are normally distributed. The Notice shall be posted within seven (7) days of the Board’s transmittal of the Notice and shall remain posted for fourteen (14) consecutive days thereafter. The Notice shall indicate the following:

 

(a)The party or parties that filed the petition or initiated the proceedings;

 

(b)Each labor organization that might be affected by the proposed unit;

 

(c)The proposed unit description;

 

(d)A list of the compensation systems proposed to be included;

 

(e)The date the Notice was posted; and

 

(f)A statement that within fourteen (14) days after posting of the Notice of a petition or proceedings for an appropriate compensation bargaining unit, any interested labor organization or person may file written comments. A labor organization may submit a request with the Executive Director to intervene concerning the proposed unit. Any comments or requests to intervene shall meet the requirements of §§ 501 and 561.

 

503.5The Executive Director shall transmit a copy of the Notice to each labor organization that has exclusive recognition for any employees in the proposed unit and to each affected agency or its representative.

 

503.6Any labor organization that has exclusive recognition for any employees in the proposed unit shall be permitted to intervene.

 

503.7Subsequent to the filing of a petition or upon commencement of a proceeding, the Board shall order such preliminary investigation as it deems necessary.

 

503.8In making its determination regarding an appropriate compensation unit the Board may take any one or more of the following actions:

 

(a)Approving a withdrawal request;

 

(b)Dismissing the petition;

 

(c)Conducting an informal conference;

 

(d)Conducting a hearing; or

 

(e)Granting the petition or determining a unit.

 

503.9Hearings under § 503.8 shall be investigatory and not adversarial. The purpose of hearings under this section shall be to ascertain the facts of the matter(s) at issue by developing a full and factual record upon which the Board may make a decision. The procedures of §§ 550-557 shall apply to the hearing.

 

503.10A hearing for the purpose of taking evidence in a unit determination matter may be conducted by the Board or any individual(s) designated by the Board.

 

503.11If the Board pursuant to § 503.8(d), decides to hold a hearing, the Executive Director shall issue a Notice of Hearing to each personnel authority, agency, and labor organization that may be affected by the unit determination at fourteen (14) days prior to the date of the hearing. The Notice of Hearing shall include the following:

 

(a)A statement of the time, place and nature of the hearing;

 

(b)The name of the agency and any other party; and

 

(c)A description of the proposed unit.

 

 

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).