Prior Codifications 1981 Ed., § 1-618.17. 1973 Ed., § 1-341.13. Effect of Amendments D.C. Law 14-190 repealed subsecs. (c) and (e); rewrote pars. (1) and (2) of subsec. (f); deleted the last sentence in subsec. (g); and rewrote subsec. (m). Subsecs. (c), (e), (f)(1), (2), (g), and (m) had read as follows: "(c) Before the expiration of any existing negotiated agreement between the parties, the parties may agree to begin a thorough study of the compensation being paid to comparable occupational groups of employees in other jurisdictions in the Washington, D.C. Standard Metropolitan Statistical Area and the nation's 30 largest cities by population. The annual study may include hours of work, health benefits, and vacation time. The annual study may also include the current percentage change in the Consumer Price Index for the Washington Metropolitan Area published by the Bureau of Labor Statistics, United States Department of Labor." "(e)(1) If the parties choose to conduct an annual study pursuant to subsection (c) of this section, the results of the annual study shall be made public and shall be available to the parties involved in negotiations for such use as they may mutually agree upon." "(2) The results of the annual study may be updated at any time by any party to the negotiation. Such updates shall constitute supplements to the annual study and shall be made public and utilized in the same manner as the annual study pursuant to paragraph (1) of this subsection." "(f)(1) Negotiations among the parties to existing contracts shall commence no later than 90 days before the expiration of the existing contracts. The failure of any party to begin negotiations by 90 days before the expiration of existing contracts, without the express written consent of all parties, shall constitute an automatic impasse. Any party may notify the Executive Director of the Public Employee Relations Board in writing of this automatic impasse. The Executive Director shall assist in the resolution of this automatic impasse by selecting an impartial person experienced in public sector disputes to serve as a mediator. If the mediator does not resolve the automatic impasse within 30 days, or any shorter period designated by the mediator, the Executor Director shall then appoint an impartial Board of Arbitration to investigate the labor-management issues involved in the dispute, conduct whatever hearings it deems necessary, and issue a written award to the parties with the object of achieving a prompt and fair settlement of the dispute. The award shall be issued within 20 days after the Board has been established. The award shall contain findings of fact and a statement of reasons. The award shall be final and binding upon the parties in the dispute." "(2) Negotiations shall continue among the parties until a settlement is reached or until 180 days after negotiations have commenced. If the parties have failed to reach settlement on any issues by the 180th day, then an automatic impasse may be declared by any party. The declaring party shall promptly notify the Executive Director of the Public Employee Relations Board in writing of an impasse. The Executive Director shall assist in the resolution of this declared automatic impasse by selecting an impartial person experienced in public sector disputes to serve as a mediator. If the mediator does not resolve the declared automatic impasse within 30 days, or any shorter period designated by the mediator, or before the automatic impasse date, the Executive Director, upon the request of any party, shall appoint an impartial Board of Arbitration to investigate the labor-management issues involved in the dispute, conduct whatever hearing it deems necessary, and issue a written award to the parties with the object of achieving a prompt and fair settlement of the dispute. The last best offer of each party shall be the basis for such automatic impasse arbitration. The award shall be issued within 45 days after the Board has been established. The award shall contain findings of fact and a statement of reasons. The award shall be final and binding upon the parties to the dispute." "(g) Multi-year compensation agreements are encouraged. No compensation agreement shall be for a period of less than 3 years. When multi-year agreements are negotiated, the annual negotiations for the years in which a new contract is not being negotiated shall be suspended." "(m) When the Public Employee Relations Board ('Board') is required to determine an appropriate bargaining unit for the purpose of compensation negotiations pursuant to § 1-618.16, negotiations for compensation between management and the exclusive representative of the appropriate bargaining unit shall begin no later than 90 days after the Board's determination. The timetable for the conduct and conclusion of such negotiations shall be that provided for in subsection (f) of this section. The Mayor shall negotiate agreements concerning working conditions at the same time as he or she negotiates compensation issues." D.C. Law 15-205 added subsec. (n). D.C. Law 15-334, in subsec. (f), rewrote par. (1)(A), substituted "45" for "20" in par. (3), added par. (3A), and substituted "(1), (2), (3), or (3A)" for "(1), (2), or (3)" in par. (4); and, in subsec. (h), substituted "until impasse resolution proceedings have been concluded or upon settlement" for ""until impasse or settlement". D.C. Law 16-33, in subsec. (b), substituted "compensation matters. No subordinate agency shall negotiate a collective bargaining agreement." for "compensation matters.". D.C. Law 17-367, in subsec. (i)(1), substituted "Council within 60 days after the parties have reached agreement or an arbitration award has been issued with a budget" for "Council with a budget". D.C. Law 18-223, in subsec. (n)(1), deleted "in excess of the basic non-overtime workday" following "overtime work". D.C. Law 18-370, in subsec. (n)(1), substituted "for employees' overtime work in excess of the basic non-overtime workday" for "for employees' overtime work". Temporary Amendments of Section For temporary (225 day) amendment of section, see § 2 of the Budget Implementation Temporary Act of 1995 (D.C. Law 11-18, May 27, 1995, law notification 42 DCR 2845). For temporary (225 day) amendment of section, see § 3 of the Budget Implementation Exemption Temporary Amendment Act of 1995 (D.C. Law 11-27, law notification July 14, 1995, 42 DCR 3833). Section 3(a) of D.C. Law 18-283 repealed subsec. (b). Section 4 of D.C. Law 18-283, in subsec. (n)(1), reinstated "in excess of the basic non-overtime workday" following "for employees' overtime work". Section 6(b) of D.C. Law 18-283 provides that the act shall expire after 225 days of its having taken effect. Temporary Enactments Section 2 of D.C. Law 16-103 provided as follows: "Sec. 2. Notwithstanding section 1717(b) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2- 139; D.C. Official Code § 1-617.17(b)), the Department of Mental Health may complete ongoing negotiations of collective bargaining agreements." Section 4(b) of D.C. Law 16-103 provides that the act shall expire after 225 days of its having taken effect. Emergency Act Amendments For temporary amendment of section, see § 1001 of the Fiscal Year 1998 Revised Budget Support Emergency Act of 1997 (D.C. Act 12-152, October 17, 1997, 44 DCR 6196), and see § 1001 of the Fiscal Year 1998 Revised Budget Support Congressional Review Emergency Act of 1997 (D.C. Act 12-239, January 13, 1998, 45 DCR 508). For temporary (90 day) amendment of section, see § 3732(e) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026). For temporary (90 day) amendment of section, see § 1022 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236). For temporary (90 day) amendment of section, see § 1022 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725). For temporary (90 day) amendment of section, see § 1021 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667). For temporary (90 day) amendment of section, see § 2 of Department of Mental Health Collective Bargaining Agreements Emergency Act of 2006 (D.C. Act 16-254, January 26, 2006, 53 DCR 761). For temporary (90 day) amendment of section, see § 2 of Department of Mental Health Collective Bargaining Agreements Congressional Review Emergency Act of 2006 (D.C. Act 16-377, May 19, 2006, 53 DCR 4397). For temporary (90 day) amendment of section, see § 1032(b) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542). For temporary (90 day) amendment of section, see §§ 3(a), 4 of Budget Support Act Clarification and Technical Amendment Emergency Amendment Act of 2010 (D.C. Act 18-543, October 5, 2010, 57 DCR 9630). For temporary (90 day) amendment of section, see § 792 of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662). Legislative History of Laws For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01. For legislative history of D.C. Law 3-130, see Historical and Statutory Notes following § 1-611.14. Law 5-77 was introduced in Council and assigned Bill No. 5-327, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on January 31, 1984 and February 14, 1984, respectively. Signed by the Mayor on March 1, 1984, it was assigned Act No. 5- 113 and transmitted to both Houses of Congress for its review. For legislative history of D.C. Law 6-15, see Historical and Statutory Notes following § 1-608.01. For legislative history of D.C. Law 6-177, see Historical and Statutory Notes following § 1-601.02. Law 7-6 was introduced in Council and assigned Bill No. 7-117. The Bill was adopted on first and second readings on March 17, 1987 and March 31, 1987, respectively. Signed by the Mayor on April 15, 1987, it was assigned Act No. 7-16 and transmitted to both Houses of Congress for its review. Law 7-16 was introduced in Council and assigned Bill No. 7-118, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on May 5, 1987 and May 19, 1987, respectively. Signed by the Mayor on June 1, 1987, it was assigned Act No. 7-30 and transmitted to both Houses of Congress for its review. For legislative history of D.C. Law 7-27, see Historical and Statutory Notes following § 1-621.02. For legislative history of D.C. Law 7-104, see Historical and Statutory Notes following § 1-604.08. Law 9-87, the "District of Columbia Government Comprehensive Merit Personnel Act of 1978 Council Review Period Temporary Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-387. The Bill was adopted on first and second readings on December 17, 1991, and January 7, 1992, respectively. Approved without the signature of the Mayor on January 30, 1992, it was assigned Act No. 9-150 and transmitted to both Houses of Congress for its review. D.C. Law 9-87 became effective on March 24, 1992. Law 9-203, the "District of Columbia Government Comprehensive Merit Personnel Act of 1978 Compensation Settlement Review Period Temporary Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-660. The Bill was adopted on first and second readings on October 6, 1992, and November 4, 1992, respectively. Approved without the signature of the Mayor on November 27, 1992, it was assigned Act No. 9-329 and transmitted to both Houses of Congress for its review. D.C. Law 9-203 became effective on March 16, 1993. Law 9-243, the "District of Columbia Government Comprehensive Merit Personnel Act of 1978 Compensation Settlement Review Period Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-622, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 1, 1992, and December 15, 1992, respectively. Signed by the Mayor on January 5, 1993, it was assigned Act No. 9-377 and transmitted to both Houses of Congress for its review. D.C. Law 9-243 became effective on March 17, 1993. For legislative history of D.C. Law 10-255, see Historical and Statutory Notes following § 1-611.03. For legislative history of D.C. Law 11-152, see Historical and Statutory Notes following § 1-602.02. For legislative history of D.C. Law 12-60, see Historical and Statutory Notes following § 1-611.08. For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01. For legislative history of D.C. Law 12-151, see Historical and Statutory Notes following § 1-605.02. For Law 14-190, see notes following § 1-301.131. For Law 15-205, see notes following § 1-204.42. For Law 15-334, see notes following § 1-612.01. Law 16-33, the "Fiscal Year 2006 Budget Support Act of 2005", was introduced in Council and assigned Bill No. 16-200 which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 10, 2005, and June 21, 2005, respectively. Signed by the Mayor on July 26, 2005, it was assigned Act No. 16-166 and transmitted to both Houses of Congress for its review. D.C. Law 16-33 became effective on October 20, 2005. Law 17-367, the "Timely Transmission of Compensation Agreements Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-987 which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 2, 2008, and December 16, 2008, respectively. Signed by the Mayor on January 16, 2009, it was assigned Act No. 17-702 and transmitted to both Houses of Congress for its review. D.C. Law 17-367 became effective on March 25, 2009. For Law 18-223, see notes following § 1-301.78. For history of Law 18-370, see notes under § 1-301.01. Resolutions Resolution 15-794, the "Compensation Agreement between the District of Columbia and Compensation Unit 33 Approval Resolution of 2004", was approved effective December 21, 2004. Resolution 15-796, the "Compensation Settlement for Employees Represented by the American Federation of State, County, and Municipal Employees, Local 2095, and the American Federation of Government Employees, Local 383, Approval Resolution of 2004", was approved effective December 21, 2004. Resolution 16-111, the "Compensation Settlement for Employees Represented by the Services Employees International Union, District 1199-E-DC Approval Resolution of 2005", was approved effective April 5, 2005. Resolution 16-160, the "Police Compensation Approval Resolution of 2005", was approved effective June 7, 2005. Resolution 16-250, the "Compensation Correction for Employees in Class 3, Compensation Unit #3 Emergency Approval Resolution of 2005", was approved effective July 6, 2005. Resolution 16-287, the "Compensation Agreement Between the District of Columbia and Compensation Unit 13 Approval Resolution of 2005", was approved effective September 20, 2005. Resolution 16-380, the "Compensation Agreement Between the District of Columbia and the Doctors Council of the District of Columbia Representing Compensation Unit 19 Approval Resolution of 2005", was approved effective November 15, 2005. Resolution 18-423, the "Compensation and Working Conditions Collective Bargaining Agreement between the District of Columbia Public Schools and Teamsters Locals 639 and 730, affiliated with the International Brotherhood of Teamsters Approval Resolution of 2010", was approved effective March 16, 2010. Resolution 18-531, the "Compensation and Working Conditions Collective Bargaining Agreement Between the District of Columbia and the Washington Teachers' Union, American Federation of Teachers Local No. 6, AFL CIO Emergency Approval Resolution of 2010", was approved effective June 29, 2010. Miscellaneous Notes Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987. Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed. Application of Law 12-60: Section 2002 of D.C. Law 12-60 provided that the act shall apply as of October 1, 1997. Applicability of § 101(t) of D.C. Law 12-124: Section 401(c) of D.C. Law 12- 124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998. Compensation Settlement for Employees in Compensation Unit 12 Approval Resolution of 1994: Pursuant to Proposed Resolution 11-18, deemed approved February 18, 1995, Council approved the negotiated compensation settlement submitted by the Mayor of the District of Columbia for employees in Compensation Unit 12. Compensation Settlement for Employees in Compensation Unit 19 Approval Resolution of 1994: Pursuant to Proposed Resolution 11-21, deemed approved February 18, 1995, Council approved the negotiated compensation settlement submitted by the Mayor of the District of Columbia for employees in Compensation Unit 19. Compensation Settlement for Employees in Compensation Unit 18 Approval Resolution of 1994: Pursuant to Proposed Resolution 11-24, deemed approved February 18, 1995, Council approved the negotiated compensation settlement submitted by the Mayor of the District of Columbia for employees in Compensation Unit 18. Compensation Settlement for Employees in Compensation Unit 4 Approval Emergency Resolution of 1998: Pursuant to Resolution 12-432, effective March 3, 1998, the Council approved, on an emergency basis, a negotiated settlement agreement for uniformed members of the Fire and Emergency Medical Services Department covered by collective bargaining. Career and Excepted Service Compensation System Changes for Non-Union Employees and the Negotiated Compensation Agreements for Union Employees of the DOC Emergency Approval Resolution of 1998: Pursuant to Resolution 12-462, effective April 7, 1998, the Council approved, on an emergency basis, the proposed compensation changes for Career and Excepted Service employees and negotiated compensation agreements for Bargaining Unit employees of the Department of Corrections in Compensation Units 1, 2, 13, and 19. Compensation Settlement for Employees in Compensation Units 1 and 2 Emergency Approval Resolution of 1998: Pursuant to Resolution 12-484, effective May 5, 1998, the Council approved, the negotiated compensation settlement by the Mayor for certain employees in Compensation Units 1 and 2. Compensation Settlement for Employees in Compensation Unit 3 Emergency Approval Resolution of 1998: Pursuant to Resolution 12-556, effective June 16, 1998, the Council approved the compensation settlement for employees in Compensation Unit 3. Compensation Settlement for Doctors, Dentists and Podiatrists in Compensation Unit 19 Emergency Approval Resolution of 1998: Pursuant to Resolution 12-602, effective July 7, 1998, the Council approved, on an emergency basis, the negotiated compensation settlement for Physicians, Dentists, and Podiatrists within Compensation Unit 19 covered by collective bargaining. Compensation Settlement for Metropolitan Police Department Civilian Communication and Cellblock Employees in Compensation Unit 1 Emergency Approval Resolution of 1998: Pursuant to Resolution 12-768, effective November 10, 1998, the Council approved, on an emergency basis, a negotiated settlement agreement for civilian members of the District of Columbia Metropolitan Police Department Communications Division and Cellblock Unit covered by collective bargaining. Compensation Settlement for Employees in Compensation Unit 4 Emergency Approval Resolution of 1998: Pursuant to Resolution 12-776, effective November 10, 1998, the Council approved, on an emergency basis, a negotiated settlement agreement for uniformed members of the Fire and Emergency Medical Services Department covered by collective bargaining. Compensation Settlement for DS-699 (Emergency Medical Technician, Intermediate Technician, and Paramedic) Employees in Compensation Unit 1 Emergency Declaration Resolution of 1998: Pursuant to Resolution 12-844, effective December 15, 1998, the Council approved, on an emergency basis, a negotiated settlement agreement for civilian employees in series DS-699 (Emergency Medical Technician, Intermediate Technician, and Paramedic) of the Fire and Emergency Medical Services Department in Compensation Unit 1 covered by collective bargaining. Short title of subtitle C of title I of Law 15-205: Section 1021 of D.C. Law 15-205 provided that subtitle C of title I of the act may be cited as the Compensation Bargaining Unit Overtime Negotiation Amendment Act of 2004. Short title of subtitle E of title I of Law 16-33: Section 1020 of D.C. Law 16-33 provided that subtitle E of title I of the act may be cited as the Collective Bargaining Agreements Amendment Act of 2005. Section 794 of D.C. Law 18-370 provides: "Sec. 794. This subtitle shall apply as of January 3, 2011." DC CODE § 1-617.17 Current through December 11, 2012
(Mar. 3, 1979, D.C. Law 2-139, § 1113, 25 DCR 5740; redesignated as § 1717, Mar. 4, 1981, D.C. Law 3-130, § 2(f), 28 DCR 277; Apr. 25, 1984, D.C. Law 5-77, § 2, 31 DCR 1225; Aug. 1, 1985, D.C. Law 6-15, § 7(f), 32 DCR 3570; Feb. 24, 1987, D.C. Law 6-177, § 3(x), 33 DCR 7241; June 5, 1987, D.C. Law 7-6, § 2, 34 DCR 2637; July 25, 1987, D.C. Law 7-16, § 2, 34 DCR 3799; Oct. 1, 1987, D.C. Law 7-27, § 2(h), 34 DCR 5079; Apr. 30, 1988, D.C. Law 7-104, § 36(b), 35 DCR 147; Mar. 17, 1993, D.C. Law 9-243, § 2, 40 DCR 636; May 16, 1995, D.C. Law 10-255, § 2(b), 41 DCR 5193; Aug. 1, 1996, D.C. Law 11-152, § 302(w), 43 DCR 2978; Mar. 20, 1998, D.C. Law 12-60, § 1001, 44 DCR 7378; June 10, 1998, D.C. Law 12-124, § 101(t), 45 DCR 2464; Sept. 18, 1998, D.C. Law 12-151, § 2(b), 45 DCR 4043; Oct. 1, 2002, D.C. Law 14-190, § 3832(e), 49 DCR 6968; Dec. 7, 2004, D.C. Law 15- 205, § 1022, 51 DCR 8441; Apr. 12, 2005, D.C. Law 15-334, § 2(c), 52 DCR 2012; Oct. 20, 2005, D.C. Law 16-33, § 1021, 52 DCR 7503; Mar. 25, 2009, D.C. Law 17-367, § 2, 56 DCR 1336; Sept. 24, 2010, D.C. Law 18-223, § 1032(b), 57 DCR 6242; Apr. 8, 2011, D.C. Law 18-370, § 793, 58 DCR 1008.)