6260300 Resolution 21-629, Collective Bargaining Agreement between the District of Columbia and Compensation Unit 35, Federation of Administrative Law Judges – D.C. Emergency Declaration Resolution of 2016  

  • A RESOLUTION

                                                            

    21-629

     

    IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

     

    October 18, 2016        

     

               

    To declare the existence of an emergency with respect to the need to approve the negotiated compensation collective bargaining agreement submitted by the Mayor between the District of Columbia and the Administrative Law Judges in the Office of Administrative Hearings in Compensation Unit 35, who are represented by the Federation of Administrative Law Judges – D.C.

     

                RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Collective Bargaining Agreement between the District of Columbia and Compensation Unit 35, Federation of Administrative Law Judges – D.C. Emergency Declaration Resolution of 2016”.

     

                Sec. 2. (a) The District of Columbia Office of Administrative Hearings negotiated a working conditions and compensation agreement (the “Collective Bargaining Agreement”) with the Federation of Administrative Law Judges – D.C. (“FALJ-DC”) that requires certain wage increases and other compensation and benefits over a period of 4 years, beginning in Fiscal Year 2016.  The Mayor is proposing, as agreed with the union, that the first such compensation increase will move the base salary to $160,000 for FALJ-DC employees employed by the Office of Administrative Hearings, retroactively from the first full pay period after October 1, 2015, which constitutes a change to the pay schedule and a resulting minimum increase to each bargaining unit member’s gross salary.  Given section 1717(f)(1) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-617.17(f)(1)), which contemplates “that negotiations shall be completed prior to submission of a budget” for the years covered by the agreement, this agreement must be acted on by the Council immediately.

    (b) In order to effectuate the terms of the Collective Bargaining Agreement in Fiscal Year 2016, the Mayor recommends that the Collective Bargaining Agreement between the District of Columbia and Compensation Unit 35, Federation of Administrative Law Judges – D.C. Emergency Approval Resolution of 2016 be approved on an emergency basis.

    (c) Failure to effectuate the express terms of the negotiated agreement may result in undermining the confidence of union members in the District of Columbia government and its leadership.

                (d) Failure to act in an expedited manner may jeopardize the future relationship between labor and management in the District of Columbia and the success of collabora­tive efforts, as agreed under the terms of the negotiated agreement.

     

    Sec. 3.  The Council of the District of Columbia determines that the circum­stances enumerated in section 2 constitute emergency circumstances making it necessary that the Collective Bargaining Agreement between the District of Columbia and Compensation Unit 35, Federation of Administrative Law Judges – D.C. Emergency Approval Resolution of 2016 be adopted on an emergency basis.

     

    Sec. 4.  This resolution shall take effect immediately.