2099388 Proposed Amendment to the Negotiability Appeal Proceedings regulation

PUBLIC EMPLOYEE RELATIONS BOARD

NOTICE OF PROPOSED RULEMAKING

The Public Employee Relations Board (Board), pursuant to the District of Columbia Government Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Official Code § 1-605.02(11) (2006 Repl. & 2011 Supp.) and D.C. Official Code §1-617.02(a)-(d) (2006 Repl.)), hereby gives notice of the following proposed rulemaking, which amends chapter 5, Rules of the Public Employee Relations Board, of subtitle B, Government Personnel, of title 6, Personnel, of the District of Columbia Municipal Regulations (DCMR).

 

The Board seeks to amend its rules concerning the requirements and contents of the answer and the briefs submitted to the Board in association with a negotiability appeal.  The Board intends to take final rulemaking action in not less than thirty (30) days from the date of publication of the notice in the D.C. Register. 

 

Chapter 5, RULES OF THE PUBLIC EMPLOYEE RELATIONS BOARD, of subtitle B, GOVERNMENT PERSONNEL, of title 6, PERSONNEL, of the DCMR:

 

Section 532, NEGOTIABILITY APPEAL PROCEEDINGS, is amended as follows:

 

Subsection 532.2 is amended to read as follows:

 

532.2               A negotiability appeal shall meet the requirements of sections 501 and 561 of these rules and shall include the following:

 

(a)        The name, title, address and telephone number of the chief negotiator for each party;

 

(b)        A short and plain statement of the negotiability issue(s), including   a copy of the proposal(s) at issue and specific reference to any applicable statute, regulation(s), or collective bargaining agreement provisions; and

 

(c)        Any written communication from the other party to the negotiation asserting that a proposal is nonnegotiable.

 

A new subsection 532.3 is added to read as follows:

 

532.3               An answer to a negotiability appeal shall state in short and plain terms the party’s position on each negotiability issue raised in the appeal.

 

The existing subsection 532.3 is renumbered 532.4 and amended to read as follows:

 

532.4               Negotiability Appeal and Answer – Filing

 

Except as provided in subsection 532.1 of these rules a negotiability appeal shall be filed within thirty (30) days after a written communication from the other party to the negotiations asserting that a proposal is nonnegotiable or otherwise not within the scope of collective bargaining under the CMPA.  An answer to the negotiability appeal may be filed within fifteen (15) days after the date of service of the appeal.

 

The existing subsection 532.4 is renumbered 532.5 and amended to read as follows:

 

532.5               Upon the expiration of the period for filing the appeal and response with the Board, the Executive Director shall:

 

(a)        Make a prompt preliminary determination whether to require expedited briefing of the matter, with written briefs to be submitted within no more than fifteen (15) days; and

 

(b)        Refer the matter to the Board, either without such briefing or after receipt of the briefing, provided for in paragraph (a). 

 

A new subsection 532.6 is added to read as follows:

 

532.6               In deciding whether to require expedited briefing of the matter prior to submission of the matter to the Board, the Executive Director shall take into consideration the potential value of such briefing to the prompt resolution of the case by the Board and any potential delay in Board consideration that such briefing may cause.

 

A new subsection 532.7 is added to read as follows:

 

532.7               After receiving a case under subsection 532.5(b), the Board shall expeditiously:

 

(a)        Issue a written decision;

 

(b)        If no briefing has yet been received, order the submission of written briefs to be submitted within fifteen (15) days, and promptly thereafter issue a written decision;

 

(c)        Schedule oral argument in the matter, to be scheduled, without written briefs, within fifteen (15) days;

 

(d)       Order a hearing which may include briefs and arguments; or

 

(e)        Direct the parties to informal mediation or conference with the Executive Director or any staff members or agents empowered to conduct informal mediation on the Board’s behalf.

 

The existing subsection 532.5 is renumbered 532.8.

 

Comments on this proposed rulemaking shall be submitted in writing to David. B. Washington,  Public Employee Relations Board, 1100 4^th Street, S.W.., Suite E630, Washington, D.C. 20024, or by sending an email to [e-mail].  Comments can also be sent by fax to [phone] or telephone to [phone].  Comments shall be submitted within thirty (30) days of the date of publication of this notice in the D.C. Register.  Copies of the proposed rule may be obtained by writing to Ondray T. Harris, Executive Director, Public Employee Relations Board, 1100 4^th Street, S.W., Suite E630, Washington, DC 20024.