Section 6-B526. IMPASSE RESOLUTION PROCEEDINGS: COMPENSATION NEGOTIATIONS

 

526.1When it appears that an impasse has been reached during collective bargaining negotiations regarding compensation matters, the Executive Director may be notified in writing by one or both of the parties. The notice of impasse shall meet the requirements of §§ 501 and 561 and shall include, in addition, the following:

 

(a)The name(s) of the chief negotiator(s) for each party;

 

(b)The expiration date of the existing collective bargaining agreement (if any);

 

(c)A description of the unit affected by the impasse, including the approximate number of employees in the unit;

 

(d)The date when negotiations commenced and the date of the last meeting; and

 

(e)The nature of the matters in dispute and any other relevant facts, including a list of specific labor organization and/or employer demands upon which impasse has been reached.

 

526.2Upon receipt of a notice of impasse concerning compensation negotiations, other than an automatic impasse as prescribed under D.C. Official Code § 1-617.17(f) (2014 Repl.), the Executive Director shall verify with the other party (unless jointly filed) that the parties are at impasse. Upon verification or receipt of a joint notice of impasse, the Executive Director shall consult with the parties regarding their choice of mediator, if any.

 

526.3If the parties are unable to agree upon a mediator, the Executive Director shall appoint one or request that the Federal Mediation and Conciliation Service provide one.

 

Any information disclosed by the parties to a mediator, including all records, reports and documents prepared or received by the mediator in the performance of his or her duties shall be deemed confidential.

 

526.4If mediation does not resolve an impasse within thirty (30) days or any shorter period designated by the mediator, the Executive Director shall appoint a Board of Arbitration as required by D.C. Official Code § 1-617.17 (2014 Repl.); provided, however, that the appointment of a Board of Arbitration under D.C. Official Code §§ 1-617.17 (f)(2) and (3) (2014 Repl.), shall only be upon the request of a party.

 

526.5Arbitration awards shall be in writing, and served on all parties within forty-five days after the board of arbitration has been established. The award shall in all respects conform to D.C. Official Code § 1-617.17(f) (1), (2), and (3) (2014 Repl.).

 

 

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).