D.C. Mun. Regs. tit. 6, r. 6-B526

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

Rule 6-B526 - IMPASSE RESOLUTION PROCEEDINGS: COMPENSATION NEGOTIATIONS

526.1

A notice of impasse under D.C. Official Code §§ 1-617.17(f)(2) or (3) (2016 Repl.) may be filed by one or both of the parties and must include the following:

(a) The name of the chief negotiator for each party;

(b) The expiration date of the existing collective bargaining agreement (if any);

(c) A description of the unit affected by the impasse, including the approximate number of employees in the unit;

(d) The date when negotiations commenced and the date of the last meeting; and

(e) The nature of the matters in dispute and any other relevant facts, including a list of specific demands upon which impasse has been reached. Any bargaining proposal included with the notice of impasse must be filed in a manner consistent with D.C. Official Code § 1-617.17(h) (2016 Repl.).

526.2

Upon receipt of a notice of impasse concerning compensation negotiations, other than an automatic impasse as prescribed under D.C. Official Code § 1-617.17(f)(2) (2016 Repl.), the Executive Director must verify with the other party (unless jointly filed) that the parties are at impasse.

526.3

Upon receipt of a notice of impasse and, if required, verification thereof, the Executive Director must consult with the parties regarding their choice of mediator, if any. If the parties are unable to agree upon a mediator, the Executive Director must appoint one or request that the Federal Mediation and Conciliation Service provide one.

526.4

Any information disclosed by the parties to a mediator, including all records, reports and documents prepared or received by the mediator in the performance of duties is confidential.

526.5

If impasse is not resolved through mediation within thirty (30) days, using a method of their choosing, the parties may recommend an arbitrator or board of arbitration to be appointed by the Executive Director.

526.6

If the parties do not make a recommendation, an arbitrator will be selected in the following manner:

(a) The Executive Director must submit to the parties a list of at least five (5) names of arbitrators.

(b) The parties must confer in person or by telephone and select an arbitrator by means of alternate striking of names from the list until one remains.

(c) The parties must give the remaining name to the Executive Director, who will appoint that individual as the arbitrator.

(d) If the appointed arbitrator declines or is unable to serve, the above process will be repeated.

526.7

No later than seven (7) days after appointment, the arbitrator and the parties, with the assistance of the Executive Director, if necessary, must jointly select a date, time, and place for the hearing.

526.8

Arbitration awards must be in writing and signed by the arbitrator and must be served on the parties no later than forty-five (45) days after the arbitrator has been appointed, unless otherwise agreed to by the parties. A statement of the arbitrator's fee and expenses should be submitted with the award.

D.C. Mun. Regs. tit. 6, r. 6-B526

Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 42 DCR 6383 (November 17, 1995); amended by Final Rulemaking published at 62 DCR 12688 (10/1/2015); amended by Final Rulemaking published at 67 DCR 4508 (5/1/2020)