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PUBLIC EMPLOYEE RELATIONS BOARD
NOTICE OF FINAL 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 adoption of a rulemaking, which amends section 538 (Grievance Arbitration Review Request) of 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 amendment to the rules provides the requirements for the service of arbitration awards to the interested parties and contents of the submissions accompanying a request for review with the Board.
This proposed amendment was previously published for public comment as an amendment to chapter 5 of subtitle B of title 6 of the DCMR. See Notice of Proposed Rulemaking published at 59 DCR 2473 (March 30, 2012). No comments of general objection were received in response to that notice and no substantive changes have been made.
The Board adopted the rules as final on April 24, 2012. These final rules will become effective upon publication of this 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 538, GRIEVANCE ARBITRATION REVIEW REQUEST, subsections 538.1 and 538.4 are amended as follows:
538.1 A party to a grievance arbitration proceeding who is aggrieved by the arbitration award may file a request for review with the Board not later than twenty (20) days after service of the award. Service of the award shall be complete on personal delivery during business hours: depositing the document in the United States mail, properly addressed, first class postage prepaid, electronic mail, or by facsimile transmission. Whenever an award is served by United States mail, five (5) days shall be added to the prescribed period of time to file a request for review with the Board. The arbitration review request shall be designated “ARBITRATION REVIEW REQUEST” and shall contain the following information, set forth in numbered paragraphs:
(a) The name, address and telephone number of the agency (or agency subdivision) involved, including the name of the person to contact;
(b) The name, address and telephone number of the labor organization having exclusive recognition, including the name of the person to contact;
(c) The name, address, and telephone number of the arbitrator;
(d) A statement of the reasons for appealing the award;
(e) A copy of the award and affidavit or other proof of the date of service of the award shall accompany the arbitration review request; and
(f) Any other portion of the arbitration record upon which parties intend to rely in the arbitration review request.
538.4 The Board, after consideration of the review request, the opposition, and briefs and oral arguments, if any, shall make a determination which may reject the request for lack of jurisdiction or sustain, set aside or remand the award in whole or in part. The parties to an arbitration review request are responsible for preparing and filing with PERB any portion of the arbitration record, in addition to the arbitration award, upon which they intend to rely in the arbitration review request. The Board will base its decision on the record submitted by the parties, subject to the Board’s limited authority to review arbitration awards pursuant to D.C. Official Code §1-605.2(6) (2006 Repl. & 2011 Supp.) and 6 DCMR B § 538.3.
