D.C. Code div. I, tit. 1, ch. 15, subch. II, pt. A
Prepared by the Mayor and transmitted to the Council of the District of Columbia on March 20, 1978, pursuant to the provisions of Section 422 (12) of the District Charter.
D.C. DEPARTMENT OF LABOR
There is established in the Executive Branch of the Government of the District of Columbia, the Department of Labor headed by a Director who shall perform the functions herein transferred, delegated, or otherwise assigned to him and who shall have the authority to redelegate such functions as he deems necessary.
The Department of Labor is established to provide opportunities for citizens and other eligible individuals to prepare for, find, and maintain employment; to provide training and supportive services to the unemployed, under employed and disadvantaged; to provide income maintenance to mitigate the effects of unemployment; and to promote the working conditions of wage earners by protecting their health, safety, wages, rights, and benefits.
The Director shall:
The following powers, duties and functions are hereby transferred to the Director:
The following Boards are hereby established in the Department of Labor:
The Board shall advise the Director concerning development of broad based programs to alleviate unemployment and resolve problems in the District; means of obtaining cooperation among District agencies and organizations concerned with employment and unemployment problems; efforts to gain public understanding of employment service and unemployment compensation program objectives and policies; and methods of improvement of operational interrelationships between employment service and unemployment compensation agencies. The Board shall also serve as the District's advisory council for purposes of Section 11 of the Wagner-Peyser Act ( 29 U.S.C. 49J ), as amended.
The Board's standing committee for employment services shall advise the Director with respect to policies for the operation of the Department's employment services programs and assist the Director in promoting full use of such programs by management, labor and the general public.
The Board's standing committee for unemployment compensation shall advise the Director with respect to development of legislative programs and policies for administration of unemployment compensation programs.
The Employment Security Board shall consist of its chairman and the combined membership of its two standing committees. The Mayor shall appoint the chairman of the Board and six members to each standing committee. Each committee shall include men and women and have equal representation of employees, employers, and the general public. The terms of the members shall be for three years from the date of appointment or until a successor is named, except that any appointment to fill a vacancy occurring prior to the expiration of the term shall be only for the remainder of such term. Members shall serve without compensation.
The chairman shall adopt rules of procedures for the Board and its standing committees and shall appoint a chairman of each standing committee.
The Board shall advise the Director on matters relating to minimum wages, overtime compensation, wage payment, and wage garnishment.
The Wage-Hour Board shall consist of three members appointed by the Mayor. As far as practicable members shall be so chosen that one will be representative of employers, one will be representative of employees and one representing the public. The public member shall be chairman. A quorum shall consist of any two members.
The term of office for each member of the Board shall be three years. Every vacancy shall be filled only for the unexpired portion of the term, but after the expiration of his term each member shall continue to serve until his successor is appointed and has qualified. No person who has served six years or more consecutively as a member shall be reappointed as a member until after the expiration of one year from the end of such service.
Members shall be compensated in accordance with the provisions of the Act entitled "An Act to authorize certain administrative expenses in the Government service, and for other purposes," approved August 2, 1946 (60 Stat. 806), as amended, or other applicable laws.
The Board shall adopt its own rules of procedure.
The Board shall have authority to hold hearings and make decisions on temporary and permanent variances, abatement periods, penalties, and license revocations in accordance with Title 36, Chapter 4, D.C. Code.
The Board shall advise the Director on matters relating to the occupational safety and health of workers in the District of Columbia.
The Occupational Safety and Health Board shall be composed of seven members appointed by the Mayor, from among those residents of the District of Columbia who, by reason of training, education, or experience are qualified to carry out the functions of the Board. Each member shall be appointed for a term of three years, and shall be compensated in accordance with the provisions of the Act entitled "an Act to authorize certain administrative expenses in the Government service, and for other purposes," approved August 2, 1946 (60 Stat. 806), as amended, or other applicable laws. The Mayor shall designate a public member to serve as chairman. Other members shall represent management and labor interests in the private and public sector on an equal basis.
The Board shall adopt its own rules of procedure.
The Director, in the performance of the duties and functions assigned to him, is authorized to establish such organizational components with such specified functions as he deems appropriate.
All positions, property, records and unexpended balances of appropriations, allocations and other funds available or to be made available relating to the functions assigned to the Director are hereby transferred to the Department of Labor. Pursuant to the provisions of Public Law 93-198, Section 713, all positions and personnel transferred herein which are in the competitive service shall retain such status and continue to be subject to all rules and regulations governing the competitive service until such time as the D.C. Government merit system is established in accordance with Section 422 of Public Law 93-198.
The provisions of this Plan shall become effective pursuant to the requirements of Section 422(12) of Public Law 93-198.
MAYOR'S STATEMENT
This Administration has for some time recognized that the labor-related programs and services in the District of Columbia have been organizationally scattered and fragmented. In the past, several administrative initiatives were undertaken to unite major labor elements but these efforts were frustrated principally because a major organizational component was by law a Federal agency. This impediment was eliminated with the passage of "The Self-Government and Governmental Reorganization Act" which specifically provided for the transfer of the D.C. Manpower Administration from the United States Department of Labor to the District of Columbia Government. As a result of this new opportunity, I appointed a select executive Task Force on Labor, chaired by the City Administrator, to recommend to me a design for a District of Columbia Department of Labor with the objective of consolidating in this new Department the responsibilities for the major labor-related programs and services provided by this Government.
The enclosed Reorganization Plan embodies the results of the Task Force's extensive review of the District's labor-related services, and, thus, represents a practical and measured judgment concerning those activities to be housed in the new Department. It is our strong conviction that this new Department has a unique potential for delivering coordinated labor related services which will enhance our citizens economic security, physical well-being, and productivity as workers as well as the potential for future expansion to include other labor related activities.
Further, the combination of programs centralized in this new Department will provide a concentration of specialized resources which can be tapped to support and strengthen other major policy initiatives of our Government, such as those in economic development and housing.
The Plan consolidates in the proposed Department of Labor the following organizations and/or programs:
The Department of Manpower -- all its current services, programs, and responsibilities.
The District Unemployment Compensation Board -- all its current services, programs, and responsibilities.
From the Minimum Wage and Industrial Safety Board, the Minimum Wage and Industrial Safety Divisions -- all of their current programs and responsibilities.
From the Office of Budget and Management Systems, the Comprehensive Employment and Training Act Staff and all its services, programs, and responsibilities under Titles II and VI of the Federal Comprehensive Employment and Training Act (CETA).
There are five boards affected by this reorganization: The District Unemployment Compensation Board, the Employment Security Board, the Minimum Wage and Industrial Safety Board, the Apprenticeship Council, and the Manpower Services Planning Advisory Council. Under the proposed Department, an Employment Security Board has been created to replace the District Unemployment Compensation Board and the Employment Security Board. Also in anticipation of an approved D.C. Occupational Safety and Health State Plan, the Minimum Wage and Industrial Safety Board has been abolished and two separate Boards established: the Wage-Hour Board and the Occupational Safety and Health Board.
At some date subsequent to this reorganization plan, we plan to develop proposed legislation for a locally administered workmen's compensation law. Currently this worker protection is provided through the United States Department of Labor under provisions of the Federal Longshoreman's and Harbor Workers' Compensation Act, as well as, under the Federal Employees' Compensation Act. Upon passage of a local compensation act, we would expect that its provisions would be administered by the Department proposed by this Plan.
Organizationally, the Plan presents a Department with three major line operations and two major staff offices. The line elements are:
The Staff offices would consist of:
In the short run, we would expect to discern the following benefits:
An improvement in labor-related planning, policy development, budget formulation, accountability, management control, coordination and responsiveness in the Executive Branch of the District Government through a reduction in the executive span of control.
An improvement of service delivery through the organizational linking of the District's State Employment Service with its Unemployment Insurance program to form a traditional Employment Security System with services delivered in approximately seven community job centers.
Improved coordination of both employment service and unemployment insurance services with all programs administered by the Department under the District's Comprehensive Employment and Training Act program (CETA).
Improved coordination in planning and administration of programs under the different Titles of the Federal Comprehensive Employment and Training Act through the consolidation of all responsibility in the new Department.
Improved relationship with the Federal Government by establishing a single point of contact and accountability in the District Government for all major programs funded through and by the U.S. Department of Labor.
Improved understanding of the functions and trends in the local labor market through the organizational consolidation of units collecting and analyzing various sources of labor information.
Improved inter-departmental coordination of policy development, planning, and program implementation, especially for manpower/labor and economic development plans of the executive branch.
Over a longer period of time, we would expect that benefits would accrue through:
An improved organizational posture to respond to changes in the economy which impacts on employment and/or unemployment, as well as changes in program delivery strategies resulting from either national or local policy initiatives.
The development of a more highly integrated service delivery system, especially for the various manpower programs, resulting in more efficient resource utilization and effective service delivery.
The development of a District managed workmen's compensation program which when operated by the Department in tandem with the occupational safety and health, and unemployment compensation program will provide a significant program for protecting the welfare and economic security of District workers.
D.C. Code div. I, tit. 1, ch. 15, subch. II, pt. A