Section 6-B504. MODIFICATION OF UNITS

 

504.1A petition for unit modification of either a compensation or non-compensation unit may be filed by a labor organization, by an employing agency, or by both jointly. The petition shall be filed electronically with the Board pursuant to §§ 501 and 561. A unit modification may be sought for any of the following purposes:

 

(a)To reflect a change in the identity or statutory authority of the employing agency;

 

(b)To add to an existing unit unrepresented classifications or employee positions created since the recognition or certification of the exclusive representative;

 

(c)To delete classifications no longer in existence or which, by virtue of changed circumstances, are no longer appropriate to the established unit; or

 

(d)To consolidate two (2) or more bargaining units within an agency that are represented by the same labor organization.

 

504.2A petition for unit modification shall meet the requirements of §§ 501 and 561 and shall also include the following:

 

(a)The names and addresses of all labor organizations and agencies affected by the proposed change;

 

(b)A description of each existing unit and the proposed unit, including the name and address of the employer, the number of employees in the existing and proposed units, and the personnel and payroll classifications of the employees;

 

(c)The date of recognition or certification of each labor organization for the affected units;

 

(d)A copy of the documentation evidencing any existing recognition or certification; and

 

(e)A statement setting forth the specific reasons for the proposed modification.

 

504.3Upon the filing of a petition for unit modification, 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) days thereafter. The Notice shall indicate the following:

 

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

 

(b)The names and addresses of all labor organizations that would be affected by the proposed modification;

 

(c)The existing and the proposed unit descriptions;

 

(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, any labor organization or person that would be affected may file written comments. Within said fourteen (14) days, any affected labor organization may file with the Executive Director a request to intervene concerning the proposed modification.

 

504.4All comments or requests to intervene shall meet the requirements of § 501.

 

504.5Upon the filing of a petition pursuant to § 504, the Board shall direct such preliminary investigation as it deems necessary and thereafter shall take appropriate action, which may be any one or more of the following:

 

(a)Approving a withdrawal request;

 

(b)Dismissing the petition;

 

(c)Conducting an informal conference;

 

(d)Holding a hearing; or

 

(e)Granting the modification sought.

 

504.6Hearings under § 504 shall be investigatory and not adversarial. The purpose of hearings under this section shall be to develop a full and factual record upon which the Board may make a decision. The procedures of §§ 550-557 shall apply to the hearing.

 

 

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).