Section 8-A2010. PUBLIC EMPLOYEE RELATIONS BOARD

 

2010.1The Public Employee Relations Board of the District of Columbia is authorized to hear and decide appeals on issues in dispute between the School of Law and a labor organization, as set forth in this section and the rules of the PERB.

 

2010.2The Dean, on behalf of the School of Law, may challenge an adverse determination by the Public Employee Relations Board with regard to the submission of a petition for recognition or decertification or a determination of the appropriate bargaining unit to the appropriate court of the District of Columbia.

 

2010.3Objections concerning the conduct of an election may be filed by any labor organization on the ballot of the election, or by the Dean acting on behalf of the Board.

 

2010.4A challenge for cause of the eligibility of any person who has voted in an election may be filed with the PERB by any labor organization on the ballot of the election or by the Dean acting on behalf of the Board.

 

2010.5In the case of a challenge brought under §2010.4, all challenged ballots shall be impounded. If the challenged ballots are of sufficient number as to affect the results of the election, the Public Employee Relations Board is authorized to investigate the challenged ballots and to issue a report of its findings.

 

2010.6Any labor organization on the ballot in an election, or the Dean acting on behalf of the Board, may challenge the winning labor organization's capacity and willingness to fairly represent the interests of the bargaining unit.

 

2010.7The following actions under this section must be filed within five (5) days of the certification of election results:

 

(a)Objections concerning the conduct of an election under §2010.3;

 

(b)Challenges for cause of the eligibility of any person who voted in an election under §2010.4; and

 

(c)Challenges to the winning labor organization's capacity and willingness to fairly represent the interests of the bargaining unit under §2010.6.

 

2010.8All appeals and challenges made to the Public Employee Relations Board pursuant to this section shall be conducted in accordance with the rules of the PERB.

 

2010.9The decisions of the Public Employee Relations Board on appeals and challenges brought under this section shall be binding upon all parties.

 

2010.10The Public Employee Relations Board shall be authorized to determine whether certain employees of the School of Law are administrators or management officials, and are thereby excluded from any bargaining unit pursuant to the provisions of §2007.

 

2010.11The designation of an employee as an administrator or management official shall not become effective during a period of unchallenged, certified representation by a labor organization, pursuant to §2007, but shall become effective upon the termination of the period of unchallenged, certified representation.

 

2010.12Either party to collective bargaining may file an appeal of the negotiability of any item that it has proposed for negotiation.

 

2010.13The rules and procedures of the Public Employee Relations Board shall govern the negotiability appeal process.

 

2010.14The negotiability of any proposed item shall be determined pursuant to the provisions of law and this title governing the scope of collective bargaining.

 

source

Final Rulemaking published at 36 DCR 1487 (February 24, 1989).