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Notice of Proposed Rulemaking - Amend Section 558

The Public Employee Relations Board (Board), pursuant to the District of Columbia Government Merit Personnel Act of 1978, effective March 3, 1979, (DC Official Code § 1-605.02(11) (2006 Repl. & 2011 Supp.) and DC Official Code §1-617.02(a)-(d) (2006 Repl.)), hereby gives notice of the following proposed rulemaking, which amends chapter 5, Rules of the Public Employee Relations Board, of subtitle B, Government Personnel, of title 6, Personnel, of the District of Columbia Municipal Regulations (DCMR).

The Board seeks to amend its rules to authorize the Executive Director to pursue mandatory mediation in all matters that come before the Board. The Board intends to take final rulemaking action in not less than thirty (30) days from the date of publication of the notice in the DC Register. 

Chapter 5, Rules of the Public Employee Relations Board, of subtitle B, Government Personnel, of title 6, Personnel, of the DCMR:

Section 558 - Voluntary Settlement or Adjustments of Disputes is repealed and replaced with a new section 558 to read as follows:

558                  Voluntary and Mandatory Settlement or Adjustments of Disputes

 

558.1              

It is Board policy to encourage the voluntary efforts of the parties to settle or adjust disputes involving issues of representation, unfair  labor practices, standards of conduct or issues arising during negotiations.

 

558.2              

 In addition, the parties’ efforts at resolution and any settlements or adjustments reached shall be consistent with the provisions, purposes and policies of the CMPA. 

 

558.3              

No admissions, offers of settlement or proposals of adjustment made during such efforts toward resolution may be used in any proceeding as evidence or as an admission of a violation of any law or regulation.

 

558.4             

At the discretion of the Board the Board’s discretion, all parties filing pleadings before the Board shall submit to the mandatory mediation program established by the Board. 

 

558.5              

The Board or its designee shall designate the mediator in each matter. 

 

558.6              

The parties shall make a good faith effort in all mediations before the Board to resolve the issues in dispute as identified in the pleadings submitted to the Board. Party representatives to the mandatory mediation proceedings must have the settlement authority of the party. 

 

558.7              

When applicable, the Parties are to inform the Board when they have multiple cases pending. The Board encourages the resolution and consolidation of multiple cases for the purpose of mediation. 

 

558.8             

If mediation does not resolve an impasse within thirty (30) days or any shorter period designated by the mediator, the Executive Director may terminate mediation and continue proceedings for resolution of the matter pursuant to the Board Rules and the CMPA.

 

Comments on this proposed rulemaking shall be submitted in writing December 2 - 31, 2011, to David. B. Washington, Public Employee Relations Board, 1100 4th Street, SW, Suite E630, Washington, DC 20024, or by sending an email to [email protected]. Comments can also be sent by fax to (202) 727-9116. Comments shall be submitted within thirty (30) days of the date of publication of this notice in the DC Register. Copies of the proposed rule may be obtained by writing to Ondray T. Harris, Executive Director, Public Employee Relations Board, 1100 4th Street, SW, Suite E630, Washington, DC 20024.