Public Employee Relations Board: Section 500

500.1 - PERB Established
The District of Columbia Public Employee Relations board was established in 1979 by Section 501 of D.C. Law 2-139, D.C. Code Section 1-605.1, and administers the Labor-Management Relations Program for the District of Columbia pursuant to the Comprehensive Merit Personnel Act of 1978, D.C. Law 2-139, Section 1701 et seq. (hereinafter, ACMPA), which is codified as D.C. Code Section 1-618.1 et seq.

500.2 - Board Composition
The five Board members are appointed by the Mayor with the advice and consent of the City Council. The Board may appoint such employees as may be required to conduct its business.

500.3 - Duties of the Executive Director
The Executive Director shall be the principal administrative officer of the Board and performs such duties as designated by the CMPA or as assigned by the Board, including the investigation of all petitions, requests, complaints and other matters referred or submitted to the Board.

500.4 - Authority of the Executive Director
The Executive Director shall be authorized, among other things, to conduct conferences, investigations and hearings, administer oaths, issue subpoenas, sign and issue notices and reports, certify copies of papers and documents, consider timely requests for extensions of time and, pursuant to action by the Board or by an authorized panel thereof, sign and issue decisions and orders made by or on behalf of the Board. A decision made by the Executive Director shall become final unless a party files a motion for reconsideration within thirty (30) days after issuance of the Executive Director's decision.

500.5 - Signature Upon Official Board Documents
The duly authorized and official documents of the Board of every description and without exception, including but not limited to decisions, orders, notices, subpoenas and other communications, may be signed on behalf of the Board by the Executive Director or any staff members or agents empowered to sign on the Board's behalf.

500.6 - Authority of the Board to Retain Legal Counsel
The Board shall have the authority to retain legal counsel to represent it in relation to enforcing its orders and otherwise carrying out its powers and duties under the CMPA.

500.7 - Official Address of the Board
All communications shall be addressed to the PUBLIC EMPLOYEE RELATIONS BOARD, 717-14th Street, N.W.,11th floor, Washington, D.C. 20005.

500.8 - Office Hours
The business hours of the office shall be from 8:15 a.m. to 4:45 p.m., Monday through Friday, exclusive of District of Columbia holidays.

500.9 - Meetings
The regular meetings of the Board shall be held on the second Wednesday of each month unless otherwise scheduled, and shall be held at the Board's offices, unless otherwise specified. Notices of the meetings and any changes in the schedule of meetings shall be posted in the Board's offices.

500.10 - Special Meetings
The Board may hold a special meeting at any time at the request of the Chair, any member of the Board or the Executive Director.

500.11 - Quorum
Three (3) members shall constitute a quorum. No decision of the Board shall be valid unless supported by the majority of a quorum.

500.12 - Inspection of Board Documents
The public may inspect the rules, decisions and public records of the Board upon written request filed within a reasonable time period in advance of inspection. There shall be no prescribed forum for requests for inspection. Written requests shall be submitted to the Board at its official address.

500.13 - Publication of Decisions
Opinions, decisions and orders of the Board shall be forwarded for publication in the D.C. Register within sixty (60) days of issuance, pursuant to D.C. Code Section 1-605.4.

500.14 - Document Requests
Any person may request in writing slip copies of the Board's opinions, decisions, orders and certifications.

500.15 - Filing Collective Bargaining Agreements
The parties to a collective bargaining agreement may submit copies of the agreement to the Board for informational purposes after final execution of the agreement.

500.16 - Roster of Union Officers
A labor organization that represents employees of the District of Columbia Government shall transmit to the Board the name(s), telephone number(s) and mailing address(es) of each appointed and elected office holder.

500.17 - Ex Parte Communication
No party shall engage in any ex parte communication with a hearing officer or with any member of the Board regarding proceedings pending before the Board.

500.18 - Ex Parte Communication
Ex parte communications which involve the merits of the case or those which violate other rules requiring submissions to be in writing are prohibited. Interested parties may make inquiries about such matters as the status of a case, when it will be heard, and the method of transmitting evidence to the Board. Parties may not make a submission orally which is required to be in writing or inquire about such matters as what defense they should use or whether their evidence is adequate.

500.19 - Ex Parte Communication
Except during settlement discussions, ex parte communications concerning the merits of any matter before the Board for adjudication, or communications which otherwise violate rules requiring written submission, are prohibited from the time the persons involved have knowledge that the matter may be considered by the Board until the Board has rendered a final decision.

500.20 - Ex Parte Communication
If a prohibited oral communication occurs, the presiding official shall describe that occurrence on the record with notice to the parties either by filing a memorandum or by making a statement. If a prohibited communication occurs in writing, the presiding official shall file any writing delivered to him or her.

500.21 - Ex Parte Communication
If a Hearing Examiner or the Executive Director determines that a party has initiated a prohibited ex parte communication, the Hearing Examiner or the Executive Director may impose such procedural sanctions or remedial actions as may be appropriate under the circumstances.

500.22 - Finality of Board Documents
Opinions, certifications, authorizations, decisions and orders of the Board are final, unless otherwise stated therein, for purposes of judicial review pursuant to D.C. Code 1-618.13(c) and 1-605.2(12).