D.C. Mun. Regs. tit. 5, r. 5-E612

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 5-E612 - UNFAIR LABOR PRACTICES

612.1

It shall be an unfair labor practice for the Board or its agent to do any of the following:

(a) Interfere with, restrain, or coerce any employee in the exercise of rights assured by this chapter;

(b) Sponsor, control, or otherwise assist or influence a labor organization for the purpose of depriving any employee of the rights assured by this chapter;

(c) Discharge, discipline, discriminate against, or otherwise take reprisal action against any employee on the basis of that employee's exercise of rights assured under this chapter or the filing of a complaint or giving of testimony pursuant to the provisions of chapter 8 of this title;

(d) Encourage or discourage membership in any labor organization with regard to hiring, tenure, promotion, or other conditions of employment; provided, that a lawful provision of an agreement granting union security shall not be deemed to violate this section;

(e) Refuse to accord appropriate recognition to a labor organization that is qualified for recognition; or

(f) Refuse to engage in good faith collective bargaining with a certified labor organization.

612.2

It shall be an unfair labor practice for any labor organization or its agent to do any of the following:

(a) Interfere with, restrain, or coerce any employee in the exercise of rights assured by this chapter;

(b) Attempt to induce the Board or its agent to coerce any employee with respect to rights assured by this chapter or to attempt to cause the Board or its agent to discriminate against any employee whose membership in the labor organization has been denied or terminated;

(c) Coerce, attempt to coerce, or discipline any member of any labor organization on the basis of or in reprisal for any official duty or action that the employee is required to perform; or

(d) Refuse to engage in good faith collective bargaining with the Board of Education.

612.3

The Board of Labor Relations shall be authorized to receive and decide complaints of unfair labor practices that arise pursuant to the provisions of this section.

612.4

Complaints of violations of the provisions of this section may be initiated by any of the following:

(a) An employee of the Board of Education;

(b) Any authorized official of a labor organization;

(c) The Superintendent of Schools, or his or her designee; or

(d) The Board of Education.

612.5

Complaints of unfair labor practices submitted pursuant to this section shall be processed in accordance with the rules and procedures of the Board of Labor Relations.

612.6

The decisions of the Board of Labor Relations issued on complaints brought pursuant to this section shall be binding on all parties.

D.C. Mun. Regs. tit. 5, r. 5-E612

Final Rulemaking published at 24 DCR 6446, 6473 (February 3, 1978)