MURIEL BOWSER
MAYOR
June 26, 2023
The Honorable Phil Mendelson
Chairman
Council
of the District of Columbia
John A. Wilson Building
1350 Pennsylvania A venue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Enclosed for consideration and approval by the Council
of the District of Columbia is a
proposed resolution entitled the "Compensation and Working Conditions Agreement between the
Office
of the State Superintendent of Education and American Federation of State, County and
Municipal Employees, District Council 20, Local 1959, AFL-CIO Approval Resolution
of
2023".
This resolution will approve a collective bargaining agreement between the Office
of the State
Superintendent
of Education ("OSSE") and the American Federation of State, County and
Municipal Employees, District Council 20, Local 1959, AFL-CIO (AFSCME) bargaining unit
members at the
OSSE's Division of Student Transportation. Under the agreement, effective the
first
day of the first full pay period beginning on or after October 1, 2020, an adjustment to
the salary schedules
of these employees will be made to reflect the FY 2021 Compensation
Units 1 and 2 rates for Grade 7 and Grade 3 on the X07-Maintenance, Trades, and Labor pay
schedule. Further, AFSCME bargaining unit members at the OSSE's Division of Student
Transportation who were actively on the payroll as
of October 1, 2021, will receive a one-time
3.5% bonus payment in lieu
of a wage-increase for FY 2022. Thereafter, for FY 2023, effective
for the first day
of the first full pay period beginning on or after October I, 2022, the salary
schedules
of AFSCME bargaining unit members at the OSSE's Division of Student
Transportation, will be increased by 2.5%. This increase will be followed by a 3.0% wage increase
effective on the first day
of the first full pay period beginning on or after October 1, 2023 for FY
2024. The agreement also provides for increases in the pre-paid legal services plan and the optical and
dental plans. In addition, bargaining unit members' Metro Pass subsidy will increase from $50 to
$100 monthly.
I urge the Council to take prompt and favorable action
on the resolution. Please contact me or E.
Lindsey Maxwell II, Director, Office of Labor Relations and Collective Bargaining, at (202) 724-
4953, should you have questions concerning the resolution or agreement.
Sincerely,
Muriel Bowser 1
2
3
4
5
6
7
8 A PROPOSED RESOLUTION
9
10
11
~~
at the request of the Mayor
12 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13
14
15
16
17 To approve the negotiated compensation collective bargaining agreement for employees
18 employed by the Office of the State Superintendent of Education, Division of Student
19 Transportation, who are represented by the American Federation of State, County and
20 Municipal Employees, AFL-CIO, District Council 20, Local 1959 union.
21
22 RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
23 resolution may be cited as the "Compensation and Working Conditions Agreement between the
24 Office
of the State Superintendent of Education and the American Federation of State, County
25 and Municipal Employees, AFL-CIO, District Council 20, Local 1959 Approval Resolution
of
26 2023".
27 Sec.
2. Pursuant to section 1717(j) of the District of Columbia Government
28 Comprehensive Merit Personnel Act
of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C.
29 Official Code 1-617.17(j)), the Council approves the collective bargaining agreement, and the
30 related pay schedules, between the Office
of the State Superintendent of Education and the
31 American Federation of State, County and Municipal Employees, AFL-CIO, District Council 20,
32 Local 1959, which was transmitted to the Council by the Mayor
on June 23, 2023.
33 Sec. 3. Fiscal impact statement.
1 34 The Council adopts the fiscal impact statement in the committee report as the fiscal
35 impact statement required by section 4a of the General Legislative Procedures Act of 1975,
36 approved October
16, 2006 (120 Stat. 2038; D.C. Official Code§ 1-301.47a).
3 7 Sec. 4. Transmittal.
38 The Council shall transmit a copy of this resolution, upon its adoption, to the American
39 Federation
of State, County and Municipal Employees, AFL-CIO, District Council 20, Local
40 1959, and the Office
of the State Superintendent of Education, and the Mayor.
41 Sec. 5. Effective date.
42 This resolution shall take effect immediately.
2
COMPENSATION
AND
WORKING CONDITIONS
AGREEMENT
BETWEEN
OFFICE OF THE STATE SUPERINTENDENT OF
EDUCATION
DIVISION OF STUDENT TRANSPORTATION
AND
AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES
DISTRICT COUNCIL 20, LOCAL 1959,
AFL-CIO
Effective
October 1, 2020 - September 30, 2024 2
Table of Contents
PREAMBLE .................................................................................................. 3
ARTICLE I: RECOGNITION: COVERAGE ....................................................................... 3
ARTICLE II: DEFINITIONS ............................................................................................... 4
ARTICLE III: FAIR PRACTICES ......................................................................................... 5
ARTICLE IV: UNION DUES ................................................................................................. 5
ARTICLE V: DISCIPLINE & ADVERSE ACTIONS ........................................................... 6
ARTICLE VI: GRIEVANCE & ARBITRATION PROCEDURES ......................................... 8
ARTICLE VII: BULLETIN BOARDS .................................................................................. 13
ARTICLE VIII: SAFETY AND HEALTH ............................................................................. 14
ARTICLE IX UNION STEWARDS ................................................................................... 15
ARTICLE X: UNION ACTIVITIES ................................................................................... 18
ARTICLE XI: ADMINISTRATIVE CLOSING………………………………………………………………..17
ARTICLE XII: WORK FORC E CHANGES.......................................................................... 19
ARTICLE XIII: WORK SCHEDULING ................................................................................ 20
ARTICLE XIV: NO STRIKES/NO LOCK-OUTS ................................................................ 21
ARTICLE XV: MATTERS NOT COVERED ...................................................................... 22
ARTICLE XVI: LEAVE ........................................................................................................ 22
ARTICLE XVII: COMPENSATION ...................................................................................... 31
ARTICLE XVIII: CONTRACTING OUT ................................................................................ 33
ARTICLE XIX: OFFICIAL PERSONNEL FILES ................................................................. 34
ARTICLE XX: DRUG FREE WORK ENVIRONMENT ..................................................... 34
ARTICLE XXI: DISCRIMINATION .................................................................................... 35
ARTICLE XXII: SENIORITY ................................................................................................ 35
ARTICLE XXIII: OVERTIME ................................................................................................ 36
ARTICLE XXIV: CONFORMITY TO LAW - SAVINGS CLAUSE ......................................... 36
ARTICLE XXV: COPIES OF THIS AGREEMENT ............................................................... 37
ARTICLE XXVI: OPTICAL AND DENTAL BENEFITS ........................................................ 37
ARTICLE XXVII: PRE-PAID LEGAL PLAN ........................................................................... 38
ARTICLE XXVIII: METRO PASS ............................................................................................. 40
ARTICLE XXIX: DISABILITY COMPENSATION BENEFITS ............................................. 40
ARTICLE XXX: VIOLENCE IN THE WORKPLACE ........................................................... 40
ARTICLE XXXI: UNIFORMS ................................................................................................ 41
ARTICLE XXXII: LABOR-MANAGEMENT PARTNERSHIP ............................................... 41
ARTICLE XXXIII: LOCKERS ................................................................................................... 43
ARTICLE XXXIV: DISTRICT OF COLUMBIA NEGOTIATED EMPLOYEE ASSISTANCE
HOME PURCHASE PROGRAM .......................................................... 43
ARTICLE XXXV: DRIVER/ATTENDANT RECOGNITION PROGRAM ………………………..... 42
ARTICLE XXXVI: U.S. DEPARTMENT OF TRANSPORTATION PHYSICALS …………….……. 42
ARTICLE XXXVII : DURATION AND FINALITY OF AGREEMENT ....................................... 45
APPROVAL ................................................................................................. 47
3
PREAMBLE
This Agreement is entered into between the Government of the District of Columbia Office of
the State Superintendent for Education (hereinafter referred to as the Employer ) and the
American Federation of State, County and Municipal Employees, Local 1959 (hereinafter
referred to as the Union), and collectively known as the “Parties”.
The purpose of this Agreement is:
1. To promote fair and reasonable working conditions;
2. To promote harmonious relations between the parties;
3. To establish an equitable and orderly procedure for the resolution of differences;
4. To protect the rights and interests of the employee, the Union and the Employer ; and
5. To promote the efficient operations of the Employer.
Each party affirms without reservation the contents of this Agreement. Now therefore, in
consideration of mutual covenants and promises contained herein, the Employer and the Union
do hereby agree as follows:
ARTICLE I: RECOGNITION: COVERAGE
The Employer recognizes the Union as the sole and exclusive collective bargaining
representative for the purpose of negotiating wages and working conditions for all employees
in the bargaining unit certified by the Public Employee Relations Board in Certification No. 25 or
as it may be amended.
4
ARTICLE II: DEFINITIONS
Except as otherwise stated in this Agreement, whenever used herein the following terms shall
have meanings as follows:
Section A:
The term "Union" shall mean the American Federation of State, County, and Municipal
Employees, District Council 20, Local 1959, AFL-CIO.
Section B:
The term "Employee" shall mean all employees covered by this Agreement, except that
probationary employees shall not be entitled to certain provisions of this Agreement where
such entitlement would be contrary to the laws and regulations of the District of Columbia.
Section C:
The term “Probationary Employee ” shall mean an employee in his, her, or their first twelve
months of employment with the Employer. Probationary employees are entitled to the full
benefits of this Agreement except that no probationary employee may access the grievance
procedure in order to challenge his or her discharge during a probationary period.
Section D:
The term "Seniority" shall mean time served as an employee with OSSE (bargaining unit) or its
predecessor.
Section E:
The term "Collective Bargaining" shall mean negotiations between the Employer and the Union
on matters of wages, hours, and other conditions of employment.
Section F:
The masculine or feminine gender when used in this Agreement shall be interpreted as
referring equally to men and women and not as sex limitations. "He" or "she" when used in this
Agreement shall be interpreted as referring equally to men and women.
5
ARTICLE III: FAIR PRACTICES
Section A:
The Agency shall not discriminate in any manner whatsoever against any employee based on
union activity, race, color, religion, national origin, sex, age, marital status, personal
appearance, sexual orientation, familial status, family responsibilities, disability, matriculation,
political affiliation or any other classification protected by law against discrimination.
Section B:
Employees have the right to freely join the Union or any employee organization but member-
ship in the Union or an employee organization shall not be required as a condition of
employment.
Section C:
The Union will admit persons to membership without discrimination based on race, color,
religion, national origin, sex, age, marital status, personal appearance, sexual orientation,
familial status, family responsibilities, disability, matriculation, political affiliation or any other
classification protected by law against discrimination.
Section D:
The Union recognizes its responsibility as bargaining agent and agrees to represent all
employees in the bargaining unit without discrimination, interference, restraint, or coercion
within the provisions spelled out in this Agreement.
ARTICLE IV: UNION DUES
Section A:
The Employer agrees to deduct union dues bi-weekly from the pay of employee members who
properly authorize the deduction of said dues. The employees must complete and sign the
authorization form which shall be forwarded by AFSCME District Council 20, to the Office of
Labor Relations and Collective Bargaining on the D.C. Form 277 to authorize withholding. The
amount to be deducted shall be certified to the Employer, through the Office of Labor Relations
and Collective Bargaining, in writing by the appropriate official of District Council 20.
6
Section B:
The Employer agrees to honor all lawful authorizations for payroll deduction of payments to the
union and to remit such payments promptly to AFSCME District Council 20 pursuant to such
authorization. Authorized deductions shall be revocable in accordance with the lawful terms
under which an employee voluntarily authorized said deductions.
Section C:
The parties agree that no employee may be forced to become or remain a member of the
Union. Bargaining unit employees who do not wish to join the Union but who do wish to be
represented by the Union in a grievance may be required to pay the reasonable cost of
representation by the Union.
Section D:
It is the responsibility of the employee, the Local Union and District Council 20 to bring errors or
changes in bargaining unit employee status to the attention of the Employer. Corrections or
changes will be made at the earliest opportunity after notification is received by the Office of
Pay and Retirement Services but in no case will changes be made more than twenty -four (24)
calendar days after the start of the next pay period. The Union shall indemnify, defend, and
hold the District harmless against any and all claims, demands and other forms of liability that
may arise from the operation of this Article. In any case in which a judgement is entered against
the District as a result of the deduction of dues, the amount held to be improperly deducted
from an employee’s pay and actually transferred to the Union by the Employer, shall be
returned to the Employer or conveyed by the Union to the employee(s) as appropriate.
ARTICLE V: DISCIPLINE & ADVERSE ACTIONS
Section A:
This Article shall not apply to the discipline or discharge of probationary employees.
Section B:
Disciplinary and adverse action measures may include the following:
1. Verbal Warning;
2. Written Warning/Official Reprimand;
3. Suspension; and
4. Discharge.
7
Section C:
Any disciplinary action or measure imposed upon an employee, if hand delivered or post
marked (if mailed) shall be given within twenty (20) workdays of completion of the
investigation of the matter upon which the proposed action is based. OSSE will notify the
Union’s president by e-mail of the commencement of an investigation.
Section D:
If the Division of Student Transportation has reason to discipline an employee, it shall be done
in a manner that will not embarrass the employee before other employees or the public.
Section E:
The Employer shall not discharge an employee without cause. At the time the action is taken,
the employee and the Union will be notified in writing that the employee is subject to
discharge.
Section F:
The Union, an employee, or an employee through his/her Union, shall have the right to take up
a suspension or discharge as a grievance at Step 2 of the grievance procedure and the matter
shall be handled in accordance with this procedure.
Section G:
An employee found to be unjustly suspended shall be fully compensated for all lost time and
shall be made whole with respect to all other rights and conditions of employment.
Section H:
An employee found to be unjustly discharged shall be reinstated in accordance with an
Arbitrator’s Award or order of the Office of Employee Appeals or court of competent
jurisdiction.
Section I:
An employee may be immediately suspended pending investigation and/or may be terminated
upon the first offense if the Division of Student Transportation has reasonable cause to believe
that the employee has engaged in behavior or conduct that: presents a threat to the efficiency
and discipline of the public school system; threatens or may threaten any student or employee;
or otherwise threatens the public health, safety or welfare. Any employee charged with
committing a crime may be suspended immediately pending a complete investigation of the
matter. 8
Section J:
Except as provided in Section I . of this Article, the Division of Student Transportation shall
provide at least 10 days advance notice to the employee and the Union prior to implementing a
corrective action and at least 15 days advance notice prior to implementing an adverse action.
The notice shall include a statement of the proposed action and the reasons for the proposed
action. Within five (5) days after receipt of the notice of the corrective action, and within ten
(10) days after receipt of the notice of the adverse action, the employee has the right to reply in
writing or in person to all charges and to furnish any statements in support of the employee’s
reply.
ARTICLE VI: GRIEVANCE & ARBITRATION PROCEDURES
Section A: Definition
A grievance is a complaint that there has been a violation of the provisions of this Agreement,
except for those complaints for which an existing statutory or regulatory procedure provides
exclusive redress.
Section B: Presentation of Grievances
1. A grievance may be presented by an employee, the Union, or the Employer. .
Any grievance raised by the Union must identify the employee or group of
employees on whose behalf it is being raised.
Any matter that is presented to the D.C. Office of Employee Appeals m ay not thereafter be
raised as a grievance under this Agreement. In accordance with D.C. Code Sec. 1-616.52(f), any
matter that is presented as a grievance under this Agreement may not thereafter be presented
to the D.C. Office of Employee Appeals.
2. Categories of Grievance:
a. Personal Grievance: A grievance of a personal nature requires signature of
the aggrieved employee if the grievant is represented by the Union. In the case of an individual grievant proceeding without Union representation, the
Union shall be given the opportunity pursuant to advance notification to be present and offer its view at any meeting held to adjust the grievance. A copy of any written settlement agreement reached between the parties or
adjustment, decision or response made by the Employer must be sent to the
Union upon request.
9
b. Group Grievance: A grievance on behalf of a group of employees may be
presented by the Union at the lowest step available where the grievance may
be resolved. A group grievance must contain all information specified in Step
2 of the grievance procedure.
c. Class Grievance: A grievance involving all the employees in the bargaining
unit must be filed and signed by the Union President or his or her designee directly at Step 3 of the grievance procedure. Grievances so filed will be
processed only if the issue raised is common to all unit employees. A class
grievance must contain all information specified in Step 2 of the grievance
procedure and the Director of Student Transportation or designee shall
respond in writing within 20 working days of its receipt.
Section C: Procedure
This grievance procedure is designed to enable the parties to settle grievances at the lowest
possible administrative level. Accordingly, a grievance shall be filed as follows:
Non-disciplinary grievances and grievances challenging written reprimands must be
raised at Step 1. Such grievances shall be submitted within fifteen (15) working days of
the occurrence of the event giving rise to the grievance.
Grievances challenging disciplinary suspensions or demotions may be initiated at Step 2
and submitted to the Associate Director of Bus Operations, but must be in writing and
provide the detail required for a Step 2 “Grievance Statement.” Grievances challenging
disciplinary suspensions or demotions shall be submitted within fifteen (15) working
days of the issuance of the Notice of Final Decision imposing the suspension or
demotion.
Grievances challenging termination actions may be initiated at Step 3 and submitted to
the Director of Student Transportation, but must be in writing and provide the detail
required for a Step 2 “Grievance Statement.” Grievances challenging terminations shall
be submitted within fifteen (15) working days of the issuance of the Notice of Final
Decision imposing termination.
STEP l
An employee and/or the Union shall initially present the grievance to the grievant's immediate
supervisor. The grievance shall be in writing and shall identify the employee or group of
employees on whose behalf it is being raised; the contract provision allegedly violated, a
general description of the incident giving rise to the grievance, the date or approximate date
and location of the alleged violation, and the remedy sought. If a grievance is presented on
behalf of at least two (2) grievants who report to different immediate supervisors, the
grievance may be presented at Step 1 to the immediate supervisor of any grievant. The 10
supervisor shall respond within five (5) working days after the grievance was presented. If the
grievance is resolved at Step 1, the resolution shall be memorialized in writing.
STEP 2
If a grievance is not settled at Step I, the grievance must be presented in writing to the
Associate Director of Bus Operations within seven (7) working days after receipt of the
response at Step 1 or when the Step 1 response was due. The written "Grievance Statement"
shall include:
a. The name(s) of all employee(s) involved; or a description of the group of
employees covered by the grievance;
b. A statement of the facts giving rise to the grievance;
c. A specific identification of the provisions of this Agreement alleged to have been
violated;
d. The specific relief requested.
The written Grievance Statement presented at this Step shall provide the sole and exclusive
basis for purposes of Step 3 of this grievance procedure; the grievant or the Union may,
however, delete items from the original Grievance Statement.
Within seven (7) working days of receipt of the Step 2 grievance, the Associate Director of Bus
Operations, Division of Student Transportation, or that official's designee, may, at his/her
discretion, issue a written decision regarding the Step 2 grievance or meet and discuss the
matter with the grievant and the Union. The Associate Director of Bus Operations, or his/her
designee, shall render a written decision on the grievance within seven (7) working days after
the Step 2 meeting. In the event that management declines to hold a Step 2 meeting, the
employer’s response shall be due no more than seven (7) working days from receipt of the
grievance.
STEP 3
If the grievance is not resolved at Step 2, within seven (7) working days from receipt of the Step
2 decision or when the Step 2 response was due, the grievant or union may submit the written
grievance to the Director of Student Transportation. The Director of Student Transportation, or
his/her designee, shall issue a written decision regarding the Step 3 grievance within ten (10)
working days of receipt of the Step 3 grievance.
11
STEP 4
If the grievance is not resolved at the Step 3, within ten (10) working days from the receipt of
the Step 3 decision, the Union must notify the Employer’s Labor Liaison and the District of
Columbia Office of Labor Relations and Collective Bargaining of its desire to arbitrate the
grievance.
An employee may not appeal a grievance to arbitration.
Section D: Representation During the Grievance Process
Employees have the right to have a Shop Steward or a representative of the Union present
during the discussion of any grievance with representatives of OSSE.
Section E: Arbitrations
1. The rules of the Federal Mediation and Conciliation Services (29 CFR Part 1404)
shall apply to arbitrations conducted pursuant to this Article.
2. Once an arbitrator is selected, the Parties shall propose dates to the arbitrator or
notify the arbitrator to provide potential dates to hold the hearing. The notice to
the arbitrator shall include a copy of the grievance article of this Agreement.
3. Grievance arbitration hearings shall be conducted at a time and place that will
afford a fair and reasonable opportunity for both parties and their witnesses to
attend. Such witness(es) shall be available only for the time necessary to
present his, her, or their evidence. When hearings required under this provision
are held during the work hours of the participants, they shall be excused with
pay for this purpose. The parties shall exchange witness and document lists at
least one (1) week before the hearing date.
4. Hearings shall be held in the Office of Labor Relations and Collective Bargaining’s
(OLRCB) Negotiation Center or another mutually agreeable location. If any
additional costs are involved, they shall be borne equally by the parties.
5. The arbitrator shall hear and decide only one (1) grievance in each case, unless
otherwise agreed by the parties.
6. All requests for information and documentation for a particular hearing shall be
made to the other party at least ten (10) working days before the scheduled
hearing.
7. The arbitration hearing shall be informal, and the rules of evidence shall not
strictly apply. 12
8. The hearing shall not be open to the public, unless otherwise mutually agreed by
the parties.
9. Witnesses shall be sequestered upon request of either party.
10. Either party has the right to have a verbatim stenographic record of the hearing
made at the party's expense. The parties may share the expense of the record
by mutual agreement. If the Union decides to share the cost of the
stenographic record, it should notify the OLRCB no later than fourteen (14)
calendar days prior to the date of the hearing.
11. The arbitrator's award shall be in writing and shall set forth the arbitrator's
findings, reasoning, and conclusions within thirty (30) working days after the
conclusion of the hearing, or within thirty (30) working days after the arbitrator
receives the parties' briefs, if any, whichever is later.
12. The arbitrator shall not have the power to add to, subtract from or modify the
provisions of this Agreement through the award. The arbitrator may not
substitute his, her or their own business judgment for that of the Employer .
Section E: Time Limits
a. No matter shall be entertained as a grievance unless raised within fifteen (15) days of
the occurrence of the event giving rise to the grievance, or within fifteen (15) days of
the employee’s knowledge of the occurrence of the event giving rise to the grievance.
b. If the Employer does not respond within the time limit specified for each grievance step,
the grievant may invoke the next step, treating the lack of response as a denial of the
grievance at that step.
c. Any unsettled grievance not advanced to the next step by the employee or the Union
within the time limit specified in the step, shall be deemed abandoned.
d. All time limits must be strictly observed unless the parties mutually agree to extend said
time limits.
e. The Employer and the Union and/or employee shall provide current and accurate
information and documentation in response to all requests for information related to
the preparation and presentation of grievances under this Agreement.
f. All interim earnings will be deducted from any back pay award or settlement agreement
in accordance with Section 1149 of the District Personnel Manual. 13
ARTICLE VII: BULLETIN BOARDS
Section A:
Available space on existing Employer bulletin boards provided for employee information and
internal communications at the work locations where bargaining unit members are employed
may be used by the Union to post materials dealing with:
1. Recreational and social affairs of the Union
2. Union elections
3. Reports of the Union
4. Union meeting notices
Section B:
In the event Union requires more bulletin board space than can be furnished by Management,
upon the Parties mutual agreement, the Union may provide its own bulletin board for its
exclusive use in work areas as may be mutually agreed to by the Parties.
Section C:
Notices and announcements shall not contain anything political or of a libelous nature. The
Union President shall have the responsibility of posting materials on the bulletin board(s) and
for keeping such notices timely and in keeping with this Article. The Union President agrees to
immediately remove any material in violation of this Article.
Section D:
The Union President shall provide to the Director of Student Transportation or designee
courtesy copies of all materials posted at the time of posting.
14
ARTICLE VIII: SAFETY AND HEALTH
Section A:
The Employer agrees that it has the responsibility to provide a workplace free of hazards. And
the Union agrees and Employees understand they are responsible for performing their duties in
a safe manner.
Section B:
The Employer shall provide and maintain safe and healthful working conditions for all
employees as required by applicable laws. The Employer will make every effort to provide and
maintain safe working conditions. The Union will cooperate in these efforts by encouraging its
members to work in a safe manner and to obey established safety practices and regulations.
Section C:
The Parties will cooperate in keeping each other informed of unhealthful and unsafe conditions
in the workplace.
Section D: Corrective Actions
Employees must inspect the buses and complete the forms for Pre - and Post-Trip inspections
and highlight any safety concerns with assigned buses on either the Pre- and Post-Trip Forms. If
the highlighted safety issue i s minor and can be immediately remedied by a mechanic, the
assigned bus will remain with the employee. If the highlighted safety concern cannot be
remedied immediately to ensure the timely departure of the employee, another bus will be
reassigned to the employee and the bus will be taken out of service until cleared to return by a
mechanic.
Section E: Medical Services: On-the-Job Injury
The Division of Student Transportation shall make the first-aid kits reasonably available for use
in case of on-the-job injuries.
Section F: Infectious Diseases
The Employer shall provide sufficient personal protective equipment, hand sanitizer, hand-
washing stations, and other protective measures or equipment as may be necessary to
decrease the spread of infectious diseases. 15
ARTICLE IX UNION STEWARDS
Section A:
Union Stewards shall be designated by the Union and shall be recognized as employees'
representatives. The names of employees selected as Stewards who may represent bargaining
unit members shall be certified to the Division of Student Transportation by the Union annually
or whenever changes are made. The Union shall ensure that the certification to the Division of
Student Transportation of authorized Union Stewards is current at all times. Only those
Stewards who have been certified to the Division of Stud ent Transportation, in writing, shall be
recognized as Union stewards.
Section B:
The Union shall appoint and the Division of Transportation shall recognize one (1) Steward per
every eighty-five (85) bargaining unit members.
Section C:
A Steward shall be permitted to devote necessary time during the Steward’s working hours, at
the Steward’s then current rate of pay, for processing grievances at the Steward’s work site.
Should it be necessary for a Steward to leave the Steward’s work area, the Steward shall
request permission from the Steward’s immediate supervisor, which shall not be unreasonably
denied. Requests by stewards for permission to meet with employees and/or by employees to
meet with /stewards will not require prior explanation to the supervisor of the problem
involved other than to Identify the area to be visited and the general purpose of the visit, i.e.,
grievance investigation, labor- management meetings. negotiation sessions, etc . . . The Steward
shall report to the Steward’s immediate supervisor upon resuming work. It is agreed that time
spent in the processing of grievances shall be limited to a reasonable amount.
Section D:
One (1) Chief Steward shall be permitted to devote necessary time during the Chief Steward’s
working hours, at the Chief Steward’s then current rate of pay, for processing grievances.
Should it be necessary for the Chief Steward to leave the Chief Steward’s work site, t he Chief
Steward shall request permission from the Chief Steward’s supervisor and from the supervisor
of the employee(s) the Chief Steward intends to visit. Such a request shall not be unreasonably
denied. The Chief Steward shall report to the Chief Steward’s immediate supervisor upon
returning to the Chief Steward’s work area. It is agreed that time spent in the processing of
grievances shall be limited to a reasonable amount.
Section E:
16
Requests by union officials for official time to perform representation functions (which does not
include work on internal Union business) shall be made on the “Official Time Report” and such
requests shall not be unreasonably denied. In the event that management does not grant a
request to release a Steward from his or route in order to address a grievance, then
management shall extend in writing any relevant deadline by a duration commensurate with
the delay.
17
Union Representative:
Union / Position:
Date
Requested Time
From To
Activity Supervisor Approval
Representational Function of Official Time (Activity)
1 Attendance at board or other committee meetings
2 Attendance at meetings between the Agency and Union
3 Labor Negotiations
4 Disciplinary or adverse action meetings, if union is designated as employee representative
5 Attendance at an examination of an employee who reasonably believe s s/he may be the subject
of a disciplinary or adverse action and the employee has requested representation
6 Contacts between employee representatives and employees provided for in the negotiated
grievance procedure;
7 Representation before the PERB, OEA, OHR, or other jurisdiction
8 Grievance meetings and arbitration hearings
9 Attendance at Agency recognized/sponsored activities to which the Union has been invited
18
ARTICLE X: UNION ACTIVITIES
Section A:
Whenever members of the bargaining units are mutually scheduled by the parties to partici-
pate, during work hours, in conferences or meetings at the administrative offices, they shall
suffer no loss in pay. Sufficient notice shall be given to the Division of Stude nt Transportation by
the employees involved.
Section B:
Accredited representatives of the American Federation of State, County, and Municipal
Employees, whether local Union representatives, District Council representatives, or
International representatives, who have been certified to the Division of Student
Transportation in writing, shall be allowed at terminal locations during the non-work periods of
employees covered by this Agreement to discuss Union business relative to the terms and
conditions of this Agreement with the employees. Any Union representatives desiring to visit
property terminal locations shall first secure permission in advance from the terminal manager
in charge and shall advise him/her of the general reason for such visit. Employees shall not be
hindered from fulfilling their work assignments.
Section C:
The Union shall be afforded the same rights and privileges as accorded other labor and profes-
sional organizations in the use of terminal locations for meetings of the Union during non-
working hours. Expenses incident to these meetings, other than those normally a part of the
terminal operations, shall be borne by the Union.
Section D:
New Employee Orientations - The Union shall have the opportunity to attend new employee
orientation sessions conducted by the Agency.
ARTICLE XI: ADMINISTRATIVE CLOSING AND INCLEMENT WEATHER
WORK
Section A:
1. Employees designated as “Essential Employees” are those whose work in critical
District government operations that cannot be suspended or interrupted, even in
the event of declared emergencies. “Essential Employees” must report to work as
scheduled even when the government is administratively closed, during
emergencies or other government closing. Once an employee has been notified by 19
his/her employing agency that his/her position is designated as “Essential” no
further notice is required as long as the employee continues to occupy the position
designated “Essential”.
2. Employees designated “Emergency Employees” are those who support certain
critical government operations and functions necessary for the continuity of
operations, including during declared emergencies. “Emergency Employees” may be
required to work when a situation or condition occurs and results in early dismissal
for other employees, government closing or during other emergencies. Once an
employee has been notified by his/her employing agency that his/her position is
designated as “Emergency”, the designation will remain in effect until the
designation is terminated in writing.
3. As applicable, employees required to work when all other District Government
employees are released for administrative closings, shall be compensated in
accordance with the minimum standards established by the Fair Labor Standards
Act, (FLSA), 29 U.S.C. § 2011, et seq.
4. As applicable, employees required to work when all other District Government
employees are released as a result of an administrative closing shall be
compensated, in addition to their regular pay, one hour for each hour worked during
the administrative closing.
Section B:
The determination as to whether the employee receives overtime or compensatory time will be
at the employee’s election which shall be made before the work is performed. When elected,
employees required to work when all other District Government employees are released for
administrative closing shall earn compensatory time on an hour for hour basis.
ARTICLE XII: WORK FORCE CHANGES
Section A: Involuntary
An employee who is involuntarily transferred shall be given at least ten (10) work days
advance notice, except when exigent circumstances require a transfer to be made in less
than ten (10) work days, in which case the notice shall be given as soon as possible. The
notice of transfer shall contain the reason(s) therefore.
Section B: Vacancies
1. Whenever a job vacancy occurs other than a temporary vacancy as defined in
this Article, notice of such vacancy, setting forth the grade level, application pro- 20
cedures, and the deadline date for submission of applications, will be avail able
for a period of ten (10) calendar days from the Division of Transportation, and a
copy of such notice shall be given to the Union, via electronic mail, to the email
address provided by the Union to the Agency for receipt of information under
this Agreement. As changes to the Union’s contact information occur they shall
be forwarded by Local 1959 to the OLRCB and the Agency.
2. All qualified applicant(s) shall be notified in writing of their non-selection.
Section C: Voluntary Transfer
When there is a vacancy to be filled, first consideration will be given to present swing drivers.
If two similarly situated employees wish to swap routes or assignments within the same yard or
between yards, such swaps or reassignment s shall be effectuated by mutual agreement among
the employees and approved by management at the yard or yards.
Voluntary transfers effectuated under this article are not subject to the seniority provisions of
the Agreement. Bargaining unit employees who may have more seniority cannot grieve a
voluntary transfer effectuated under this article.
ARTICLE XIII: WORK SCHEDULING
Section A:
The work week shall consist of five (5) days, normally Monday through Friday inclusive. The
Division of Student Transportation agrees that prior to implementing any proposed permanent
changes in the work schedules of an entire classification of employees covered by this
Agreement, the Union shall receive at least ten (10) days advance notice of such proposed work
schedule change, except in cases of emergencies, in which cases the Union will be notified as
soon as possible. Notification shall explain the reason for such change.
Section B:
The Parties understand that OSSE does not have control over the start and end time of schools.
As a result, this provision shall not be strictly applied to changes in employees start and end
times resulting from changes in the start and end times of the school day, imposed by a
particular school.
Section C:
Employees shall work overtime as may be requested except in cases of personal emergency.
Overtime shall be distributed consistent with the Article XXIII. 21
Section D:
Time and one-half the employee’s regular hourly rate of pay shall be paid for all work
performed in excess of eight hours in any work day or forty (40) work hours in any work week.
Section E:
This Article shall not be construed as a guarantee of any number of hours per day or per week;
however, to the extent possible, a full day’s work will be provided.
ARTICLE XIV: NO STRIKES/NO LOCK-OUTS
Section A:
It is illegal for any District Government employee to strike, therefore, the Union shall not cause
or engage in, support, encourage or authorize any employee covered by this Agreement to
participate in any cessation of work through slowdowns, strikes, work stoppage or otherwise.
Nor will the Division of Student Transportation engage in any lock-outs against any employee
covered by this Agreement.
Section B:
Where a strike, slowdown or stoppage of work occurs, the Union's agents shall immediately
take reasonable affirmative action to guard against and curtail any such strike, work stoppage
or slowdown and shall order the Union's members to terminate such action. Any failure by the
Union or its agents to take such action shall constitute a violation of this Article.
Section C:
If the Union has authorized, sanctioned, caused or counseled its members or any of the
employees in the bargaining unit to strike, to directly or indirectly commit any concerted acts of
work stoppage, slowdown, or mass absenteeism, or to refuse to faithfully and properly perform
in whole or in part any customarily assigned duties for the Division of Student Transportation
then the Union shall be liable to the Division of Student Transportation for damages.
Section D:
Any employee who participates in, supports, or encourages any slowdown, strike or work stop-
page shall be subject to the provisions existing in law governing the behavior of employees
engaged in a slowdown, strike or work stoppage.
22
ARTICLE XV: MATTERS NOT COVERED
Section A:
The Employer and Union acknowledge that during the negotiations which resulted in this
Agreement each had the unlimited right and opportunity to make demands and submit
proposals with respect to any subject or matter not prohibited by law from the area of collec-
tive bargaining, and that all of the agreements arrived at by the parties after the exercise of
that right and opportunity are set forth in this Agreement.
Section B:
The parties agree that, by mutual consent, they will consult and negotiate on matters not
covered by this Agreement which are proper subjects for collective bargaining.
ARTICLE XVI: LEAVE
Section A: Annual Leave
1. Employees shall be eligible for paid annual leave after ninety (90) days of service
with the District Government. All employees shall earn annual leave at the rate
of:
a. Less than three (3) full-time-equivalent years of service: One (1) hour
annual leave earned for every twenty (20) hours of work;
b. Three (3) years full-time-equivalent years of service but fewer than
fifteen (15) full-time-equivalent years of service: One and one half (1 and
1/2) hours annual leave earned for every twenty (20) hours of work;
c. Fifteen (15) or more full- time-equivalent years of service: Two (2) hours
annual leave earned for every twenty (20) hours of work.
2. Requests for annual leave shall be submitted by the employee, on a form
provided by the Employer, to the employee's imme diate supervisor (Supervisory
Terminal Management Specialist). The Supervisory Terminal Management
Specialist shall approve or disapprove, pursuant to Section C. of this Article, prior
to the date such leave is to begin.
3. The rate of annual leave pay shall be the employee's regular straight time rate of
pay at the time the leave is earned.
23
Section B: Sick Leave
1. All employees shall earn sick leave at a rate of one (1) hour of sick leave for every
twenty (20) hours of work.
2. Employees may use sick leave for any legal purpose set forth in the District of
Columbia Sick and Safe Leave Act or other applicable local or federal law. Except
in cases of emergency, an employee who is unable to report to work and who
fails to notify the Employer prior to the start of his or her schedule may be
subject to discipline.
3. If an emergency prevents the employee from making prior notification to the
Employer of the need to use paid sick leave, the Employer shall be notified prior
to the start of the next work shift or within 24 hours of the onset of the
emergency, whichever occurs sooner.
4. The Employer may require that a request for the granting of paid leave for three
(3) or more consecutive days be supported by a reasonable certification of the
reason given by the employee for requesting the paid leave.
A reasonable certification may include:
(a) A signed document from a health care provider affirming the illness of
the employee or the employee’s family member;
(b) A police report indicating that the employee or the employee’s family
member was the victim of stalking, domestic violence, or sexual abuse;
(c) A court order indicating that the employee or employee’s family member
was the victim of stalking, domestic violence, or sexual abuse;
(d) A signed written statement from a victim and witness advocate affirming
that the employee or employee’s family member is involved in legal action or
proceedings related to stalking, domestic violence, or sexual abuse. The signed
statement shall include only the name of the employee or employee’s family
member who is a victim and the date on which services were sought; or
(e) A signed written statement from a victim and witness advocate, or
domestic violence counselor affirming the employee or employee’s family
member sought services to enhance the physical, psychological, economic health
or safety of the employee or employee’s family member.
If the Employer requires certification, the certification shall be provided upon the 24
employee’s return to work or within one business day thereafter. The medical
certification must release the employee back to full duty without restriction.
Section C: Procedures for Using Sick Leave
1. Sick leave requests must be approved by an employee's Supervisory Terminal
Management Specialist. Requests for sick leave that are disapproved because
the employee does not have sufficient leave will generally result in leave without
pay (LWOP). Failure to follow this procedure to request sick leave may result in
disciplinary action.
2. Advance Written Leave Requests: Requests for sick leave to cover scheduled
appointments with doctors, dentists, opticians or other health care providers, or for other foreseeable absences, must be submitted and approved at least seven (7) days in advance of leave, except in cases of emergency. Leave requests for
foreseeable absences that are submitted fewer than seven (7) days in advance or
after the date(s) of the absence in question will be considered only if the employee can demonstrate that sufficient advance notice was not possible.
Employees are generally expected to schedule appointments with health care providers outside of the employee's scheduled working hours. Leave request slips submitted before 9:00 a.m. will be returned either approved or denied by
the end of the same day. Leave slips submitted after 9:00 a.m. will be returned
either approved or denied the following day.
3. Call-in Requests for Unplanned and Unforeseeable Sick Leave: An employee with
an unplanned and unanticipated need to take sick leave must call in a request for
sick leave. The request must be made as soon as possible and preferably no later
than two (2) hours prior to the start of the employee’s tour of duty. The
employee must call the work status line for the employee’s respective work
location:
25
New York Avenue Terminal Work Status Line — (202) 478- 5980
Adams Place Terminal Work Status Line — (202) 478- 5970
Southwest Terminal Work Status Line — (202) 719- 6640
5
th
Street Terminal Work Status Line — (202) 478- 5910
An employee who is granted such unplanned and unforeseeable sick leave will
need to submit a leave request when he or she returns to work.
4. Original copies of all required medical documentation must be provided.
Photocopies will not be accepted.
5. Employees who are absent and on sick leave for extended periods of time (more
than three days) may be required to provide the Employer with periodic reports
on their status and intent to return to work, with appropriate medical
documentation.
6. Failure to produce the requested documentation or to provide proper notice as
set forth in this Article may result in discipline and/or the denial of an
employee's request for leave. Accrued sick leave cannot be used for vacation
purposes.
7. Suspected Abuse of Sick Leave: A certification will be required for any sick leave
request that includes the day immediately before or immediately after a District or Federal Holiday; that falls on a day when schools are closed but the employee is scheduled to work; or that includes a day for which the employee was previously denied annual leave.
8. Leave Restriction: Where management has given written notice to an employee
that there is good reason to believe that the employee has abused the sick leave privilege, the employee will be required to provide a doctor's certification for each absence that is claimed as sick leave. Such leave restriction shall remain in effect for 90 calendar days. If the employee has shown significant improvement
in sick leave usage after 90 calendar days of leave restriction, the leave restric-
tion will be lifted. If the employee's usage of sick leave has not improved, the employee may be subject to sick leave restriction for an additional period of 90
calendar days. Nothing in this section shall prevent the Employer from taking
disciplinary action against an employee who is found to have abused the sick leave system. Supervisors who otherwise suspect fraudulent use of sick leave
may also require the employee to provide appropriate medical documentation. Factors which may provide the Employer with good reason to believe the
employee has abused the sick leave privilege include, but are not limited to:
26
a. The employee's failure to return for his p.m. assignment on payday or on
the Monday following payday;
b. An attempt to call in and take sick leave on the date of a medical
appointment;
c. An attempt to take sick leave without providing notice and securing
approval as appropriate;
d. An attempt to take sick leave immediately following a vacation day or
weekend;
e. Repeated absences from duty without permission and without
reasonable cause;
f. Excessive tardiness;
g. Any unexcused leave without pay (LWOP);
h. Excessive Absenteeism.
Section D: Sick Leave Incentive Program
1. In order to recognize an employee’s productivity through his/her responsible use of
accrued sick leave, the Employer agrees to provide time off in accordance with the
following:
a. Any bargaining unit member/employee who is in a pay status for the leave
year shall accrue annually:
i. Three (3) days off for utilizing a total of no more than two (2) days of
accrued sick leave.
ii. Two (2) days off for utilizing a total of more than two (2) but not more
than four (4) days of accrued sick leave.
iii. One (1) day off for utilizing a total of more than four (4) but not more
than five (5) days of accrued sick leave.
2. Employees in a non-pay status for no more than two (2) pay periods for the leave
year shall remain eligible for incentive days under this article. Sick leave for
maternity or catastrophic illness/injury, not to exceed two (2) consecutive pay
periods, shall not be counted against sick leave when calculating eligibility for sick
leave incentive leave under this article. 27
3. Time off pursuant to a sick leave incentive award shall be selected by the employee
and required at least three (3) full workdays in advance of the leave date. Requests
for time off pursuant to an incentive award shall be given priority consideration and
the employee’s supervisor shall approve such requests for time off unless staffing
needs or workload considerations dictate otherwise. If the request is denied, the
employee shall request and be granted a different day off within one month of the
date the employee initially requested. Request for time off shall be made on the
standard “Application for Leave” form.
4. All incentive days must be used in full work day increments following the leave year
in which they were earned. The Employer will notify the employee of their sick
leave incentive day(s) no later than March of each year. Incentive days may not be
substituted for any other type of absence from duty. There shall be no carryover or
payment for any unused incentive days.
Section E: Leave Without Pay
Any request for leave without pay shall be submitted in writing (on a form to be provided by
the Employer) by the employee to the employee’s immediate supervisor. The request shall
state the reason for the request and the length of time the employee desires.
Section F: Union Business
Employees elected to any Union office or selected by the Union to do work which takes them
from their employment with the Employer may, upon reasonable notice to the Director of
Student Transportation, be granted a leave of absence without pay not to exceed a period of
one (1) year.
Section G: Education
1. Any employee after being scheduled for two thousand (2,000) hours, upon written
request, may be granted a leave of absence without pay for up to but not to exceed
a period of one (1) year for educational purposes.
2. Such written requests shall include a plan of the educational work to be undertaken
during the period of such leave absence and shall be subject to approval by the
Director of Student Transportation.
28
Section H: Family Medical Leave Act
The Employer shall comply with and provide benefits to the bargaining unit employees as
provided in the D.C. and federal Family Medical Leave Act, or as subsequently amended, and as
provided in the District’s Paid Family Leave Program.
Section I: Jury Duty
1. Employees shall be granted a leave of absence with pay when they are required
to report for jury duty or to appear in court as a subpoenaed witness, in their
official capacity, on behalf of the Federal, State or Municipal Governments. An
employee upon receipt of the employee’s first notice concerning possible jury
duty shall within two (2) work days of the employee’s receipt of the summons
present the notification to the employee’s immediate supervisor.
2. If an employee is excused from jury duty for a half day or more, he/she shall
report to the place of employment.
3. Any pay received for services as a witness, other than expenses, shall be handled
in accordance with applicable policy or law.
Section J: Voting Time
Employees eligible to vote may be granted a leave, without loss of pay, for the purpose of
voting in any election or referendum on a civic matter in his or her community. Where the polls
are not open at least three (3) hours either before or after an employee's regular hours of work,
the employee may be granted an amount of excused lea ve which will permit the employee to
report for work three (3) hours after the polls open or leave work three (3) hours before the
polls close, whichever requires the lesser amount of time off.
Section K: Civic Duty
Employees required to appear before a court or other public body on any matter in which they
are not personally involved shall be granted a leave of absence with pay unless paid leave is
prohibited by Federal or District Regulations or Statutes.
Section L: Holidays Recognized And Observed
1. The District of Columbia Government observes the below listed holidays which are set
forth in Section 1-612.02 of the D.C. Code.
New Year's Day
Martin Luther King's Birthday
Washington's Birthday 29
Emancipation Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Indigenous Peoples’ Day
Veteran's Day
Thanksgiving Day
Christmas Day
2. The Employer shall also observe any other legal holidays declared by the District
Government. Whenever any of the holidays listed above shall fall on a Sunday, the
succeeding Monday shall be observed as the holiday.
3. Employees shall be eligible for holiday pay under the following conditions: If a holiday is
observed on an employee's scheduled day off or vacation, the employee shall not be
charged leave or lose pay for the un-worked holiday.
Section M: Holiday Pay
1. If an employee works on any of the holidays listed above, he shall be paid the
following in addition to his regular rate of pay.
a. For the first eight (8) hours, the rate of pay for each hour worked shall be
the same as his regular rate of pay.
b. For all hours in excess of eight (8) hours worked, the rate of pay shall be
one and one-half (1 1/2) times his regular hourly rate of pay.
Section N: Armed Forces
Employees serving as members or reserve members of the armed forces or the National Guard
shall be entitled to leave as set forth in Sections 1-612.03(m), (m-1), (m-2), and (m-3) of the D.C.
Code, and Chapter 12 of the District Personnel Manual.
Section O: Military Funeral Leave
An employee is entitled to not more than three (3) days of leave without loss of or reduction in
pay, leave or service to make arrangements for or attend the funeral or memorial service for an
immediate relative who died as a result of a wound, disease, or injury incurred while serving as
a member of the Armed Forces in a combat zone. 30
Section P: Leave To Attend Conferences
I. At the discretion of the Director of Student Transportation, up to three (3) days
of paid administrative leave per year, to attend conferences, workshops,
conventions, and seminars, which are beneficial to the Employer, may be
granted subject to continuity of operations. Requests for such leave shall be
made fifteen (15) working days in advance of the aforementioned functions. If
the request is denied, the employee shall be informed in writing of the reason(s)
for the denial.
2. Employees who are elected to represent the Union as voting delegates at the bi-
annual convention shall be granted annual leave to attend in their official
capacity.
Section Q: Bereavement
1. Four (4) days leave will be granted without loss of benefits and pay for the death of
immediate relative. For the purpose of this section “immediate relative” means an
individual who is related to an employee by blood, marriage, adoption, or domestic
partnership as father, mother, child, husband, wife, sister, brother, aunt, uncle,
grandparent, grandchild, or similar familial relationship; an individual for whom an
employee covered by this chapter is the legal guardian; or fiancé, fiancée, or domestic
partner of an employee (including a person identified by an employee as his/her
“domestic partner” as defined in D.C. Official Code §32 -701 (2001 edition,) and related
laws).
2. For purposes of certification of leave, employees shall provide a copy of the obituary or
death notice, a note from clergy or funeral professional or death certificate upon the
Employer’s request.
Section R: Absence Without Leave (AWOL)
1. "Absence without leave" (AWOL) includes:
a. Absence, regardless of notice, where leave is ultimately not approved;
and/or
b. Failure to report for work without notification ("No Call- No Show").
2. The Division will consider a ''No Call- No Show" to be a voluntary resignation and
will act in accordance with this belief based on this irresponsible act by the
employee. Moreover, any situation in which leave is ultimately denied and the
employee is considered AWOL may warrant immediate removal. 31
Section S: Personal Leave
One (1) day personal leave will be granted per year after completion of the probationary
period. The day will be selected by mutual agreement, and must be requested and approved in
advance, with due consideration given to workload requirements. The personal leave day will
not be cumulative from year to year; it must be used in the year it is granted.
ARTICLE XVII: COMPENSATION
Section A:
1. Fiscal Year 2021:
Effective the first day of the first full pay period beginning on or after October 1,
2020, the FY 2021 salary schedules of Motor Vehicle Operators and Attendants
employed in the bargaining unit as certified and assigned to AFSCME, District Council
20, Local 1959 by the Public E mployee Relations Board shall be adjusted to ma tch
the FY 2021 Compensation Units 1 and 2 rates for Grade 7 and Grade 3 the X07-
Maintenance, Trades, and Labor pay schedule.
2. Fiscal Year 2022:
In lieu of a wage increase for FY 2022, Motor Vehicle Operators and Attendants
employed in the bargaining unit as certified and assigned to AFSCME, District Council
20, Local 1959 by the Public Employee Relations Board will receive a three and
onehalf percent (3.5%) bonus payment. Bargaining unit employees actively on the
payroll as of October 1, 2021, shall receive a one-time payment that is equivalent of
3.5% of an employee’s annual base salary as of October 1, 2021.
The payment will be made no later than ninety (90) days after the implementation
of the wage increases for FY 2021.
3. Fiscal Year 2023:
Effective the first day of the first full pay period beginning on or after October 1,
2022, the FY 2023 salary schedules of Motor Vehicle Operators and attendants
employed in the bargaining units as certified and assigned to AFSCME, District 32
Council 20, Local 1959 by the Public E mployee Relations Board shall be adjusted
2.5%.
4. Fiscal Year 2024:
Effective the first day of the first full pay period beginning on or after October 1,
2023, the FY 2024 salary schedules of Motor Vehicle Operators and attendants
employed in the bargaining units as certified and assigned to AFSCME, District
Council 20, Local 1959 by the Public Employee Relations Board shall be adjusted
3.0%.
Section B:
Each Motor Vehicle Operator and Bus Attendant covered by this Agreement is guaranteed at
least seven (7.0) hours of work at the employee’s regular hourly rate for each regularly
scheduled shift.
Section C:
Employees permanently assigned to Fifth Street and trained for those duties shall receive a flat
rate premium of $1.00 per hour (depending on the step and grade) in addition to their regular
rate of pay.
Section D: Safe Driving (Drivers Only)
Employees will receive incentive pay if they have no preventable accidents in a calendar year
($200 per year).
Section E: Attendance
Employees will receive an incentive for each quarter worked (every 3 months) if they do not use
unscheduled leave in a 3-month period ($200 per qualifying quarter).
33
Section F: On-Time Arrival Bonus
Employees will receive an incentive if their route (permanent or swing) on-time arrival rate in a
quarter is 94% or above ($200 per qualifying quarter). The employee must meet the
requirements for the attendance incentive to qualify for this incentive.
Section G: Program Timeframe
Quarters will be measured in three month increments:
Quarter 1: October, November, December
Quarter 2: January, February, March
Quarter 3: April, May, June
Quarter 4: July, August, September, if applicable
Section H: Systems of Record
1. On-time arrivals are measured by the GPS device. “On-time” means arriving to
school no later than 10 minutes before the bell and no earlier than 30 minutes
before the bell. (Note: If a GPS reading is unavailable for a given day, the
dispatch log report will be used).
2. The Accident Review Board, which is made up of union representative and DOT
management and meets monthly, will determine whether an accident is
preventable or non-preventable.
3. PeopleSoft is the system of record for tracking unscheduled leave.
Section I: Holiday Pay
An employee who is required to work on a legal holiday falling within his or her regular basic
workweek, shall be paid at the rate of twice his or her regular basic rate of pay for not more
than eight (8) hours of such work.
ARTICLE XVIII: CONTRACTING OUT
In the event the Division of Student Transportation intends to contract out work normally
performed by employees covered by this Agreement, it shall do so in compliance with D.C.
Official Code § 2-352.05 and all other applicable laws.
34
ARTICLE XIX: OFFICIAL PERSONNEL FILES
Section A:
The Official Personnel Files of all employees in the bargaining unit covered by this Agreement
shall be maintained by the D.C. Office of Human Resources (DCHR) in accordance with DCHR
policies and procedures.
Section B:
In accordance with regulations and procedures issued by the DCHR, each employee shall have
the right to examine the contents of the employee’s official personnel file upon request,
Section C:
An employee shall have the right to answer any material filed in the employee’s official
personnel file and his answer shall be attached to the material to which it relates.
Section D:
An employee shall be permitted to reproduce or copy any material in the employee’s official
personnel file.
Section E:
An employee shall be notified of any confidential material which is placed in the employee’s
official personnel file.
Section F:
Upon written authorization by an employee, the Union representative may examine the
employee's official personnel file upon presentation of such authorization.
ARTICLE XX: DRUG FREE WORK ENVIRONMENT
The parties agree to follow procedures as required by the Federal Government related to drug
testing for commercial drivers and attendants. As the government agency responsible for
transporting students to and from school, it is incumbent upon the parties to maintain a drug-
free environment to the fullest extent permitted by law. Accordingly, all employees are hereby
formally advised that the possession, use, sale, and influence of illicit or controlled substances
35
or alcohol, not authorized by a physician, continues to be prohibited either on school premises,
at school related activities, on school property, or during off- duty hours where such off- duty
usage would affect the employee's or the agency's ability to perform effectively. In addition,
the Employer and the Union recognize that off-the-job use may signal a risk of use on the job.
ARTICLE XXI: DISCRIMINATION
Section A:
Neither the Employer nor the Union will discriminate in any way against any employee in
violation of applicable law.
Section B:
The Employer shall prohibit sexual harassment, hostile work environment(s) and shall prohibit
retaliation for filing complaints relating to such through the Equal Employment Opportunity
Program as approved by the District of Columbia Office of Human Rights.
Section C:
The Employer and the Union agree to the principle of “equal pay for equal work” and shall
jointly consider remedies for any violation of such.
ARTICLE XXII: SENIORITY
Section A:
Seniority shall be established based on Article II, Section D .
Section B:
Every six (6) months the Employer shall furnish the Union with a seniority list showing the
continuing service of each employee within the bargaining unit, including date of hire, work
location, job title classification, salary and grade.
36
Section C: Loss of seniority
An employee shall lose bargaining unit seniority upon a break in service. Discharge or
resignation shall constitute a break in service. Employees who are involuntarily laid off shall not
suffer a loss of seniority upon rehire.
Section D:
Paragraph C of this Article will be interpreted consistent with law.
Section E:
When bidding on routes at the beginning of the school year, employees' seniority within the
bargaining unit shall be the deciding factor applied in the distribution of routes/runs.
ARTICLE XXIII: OVERTIME
Section A:
Overtime shall be assigned on a voluntary basis. A sign-up sheet will be posted quarterly in the
employees’ trailer and monitored by the terminal manager (or designee). Overtime will be
offered based on availability at each terminal and based on seniority and sign up date. The
Overtime Schedule will be posted at each terminal at the beginning of every three months.
Employees are responsible to review the schedule and be available for their assignment
.
Section B:
In the event an employee fails to carry out their Overtime Assignment at any time within the
quarter and does not provide an approved leave request, they will lose their opportunity to be
re-assigned for the remainder of the quarter.
ARTICLE XXIV: CONFORMITY TO LAW - SAVINGS CLAUSE
Section A:
If any provision of this agreement is at any time contrary to law, then such provision shall not
be applicable or performed or enforced, and substitute language, if any, shall be negotiated
through appropriate consultation between the parties.
Section B:
37
In the event that any provision of this Agreement is at any time contrary to law, all other
provisions of this Agreement shall continue in effect.
ARTICLE XXV: COPIES OF THIS AGREEMENT
The Parties agree that copies of this Agreement shall be available at each terminal location and
in PDF format on the Employer’s website.
ARTICLE XXVI: OPTICAL AND DENTAL BENEFITS
1. Optical Plan: Effective the first pay period beginning after final approval of this
Agreement, and for the remainder of the period that this Agreement remains in effect,
the Employer agrees to provide the following amount for an optical insurance plan to be
contracted for by the Union:
Year Self-Coverage Self + Family
FY 2021 $12 bi-weekly $13 bi-weekly
FY 2022 $13 bi-weekly $15 bi-weekly
FY 2023 $14 bi-weekly $17 bi-weekly
FY 2024 $15 bi-weekly $19 bi-weekly
2. Dental Plan: Effective the first pay period beginning after final approval of this
agreement, and for the remainder of the period that this Agreement remains in effect, the Employer agrees to provide the following amount for a dental insurance plan to be
contracted for by the Union:
Year Self-Coverage Self + Family
FY 2021 $14 bi-weekly $20 bi-weekly
FY 2022 $15 bi-weekly $22 bi-weekly
FY 2023 $16 bi-weekly $24 bi-weekly
FY 2024 $17 bi-weekly $26 bi-weekly
3. The Employer shall be held harmless for any liability based on the
implementation and administration of the plans. 4. The benefit providers shall be responsible for program administration and shall
bear all administrative costs.
5. The Employer shall not make dual premium payments for employees who are
married and are both in the bargaining units covered by this Agreement or are in 38
another bargaining unit within the District of Columbia Government covered by the
same benefit providers.
6. The plan shall be contracted for by the labor organization, subject to a compe-
titive bidding process where bidders are evaluated and selected by the Union. The
Union agrees to expand the scope of the competitive bidding process to include the
entire Metropolitan area. The Union agrees to document all activities in procuring plan
contracts, and shall disclose such documentation upon request by the Employer.
7. The plan providers shall be required to respond to reasonable requests for
information submitted by the Union and/or the Employer. The Union and the Employer
shall have the right to audit all financial records and any records which relate to the
expenditure of the employer-paid premiums or procurement of the plan provider
contracts. The Employer shall be permitted to recover any premiums that were
improperly paid, or that were paid for employees who were ineligible to receive
benefits.
ARTICLE XXVII: PRE-PAID LEGAL PLAN
Section A:
The Employer shall continue to make a monthly contribution as follows for each bargaining unit
member toward a pre-paid legal services plan:
Year Coverage
FY 2021 $18.25 monthly
FY 2022 $19.00 monthly
FY 2023 $20.00 monthly
FY 2024 $21.00 monthly
Section B:
The plan shall be contracted for by the Union subject to a competitive bidding process where bidders are evaluated and selected by the Union. The District may present a proposed contract which shall be evaluated on the same basis as other bidders. The contract shall provide that
the Employer will be held harmless from any liability arising out of the implementation and administration of the plan by the benefit provider, that the benefit provider will supply utiliza-
tion statistics to the Employer and the Union upon request for each year of the contract, and
that the benefit provider shall bear all administrative costs.
Section C:
39
The parties shall meet to develop procedures to implement the legal plan which shall be
binding upon the benefit provider. The procedures shall include an enrollment process.
Section D:
To be selected for a contract under this Article, the benefit provider must maintain an office in
the District of Columbia; be incorporated in the District and pay a franchise tax and other
applicable taxes; have service providers in the District; and maintain a District bank account.
40
ARTICLE XXVIII: METRO PASS
Beginning the first full pay period after October 1, 2021 , the Employer shall subsidize the cost of
monthly transit passes for personal use by employees by not less than one-hundred dollars
($100.00) per month for employees who purchase and use such passes to commute to and
from work. The Metro Transit benefit will roll over from month to month for employees who
access the benefit. Any benefit not accessed by the end of the calendar year will revert back to
the District of Columbia.
ARTICLE XXIX: DISABILITY COMPENSATION BENEFITS
Disability compensation will be administered in accordance with Section 1 -623.02 of the D.C.
Code.
ARTICLE XXX: VIOLENCE IN THE WORKPLACE
Section A:
The parties to the Agreement recognize the need to prevent and proscribe violence in the
workplace in order to preserve the health and safety of OSSE employees.
Section B:
Any effort to threaten or physically intimidate another employee by aggressive verbal
confrontation, cursing, physical gestures suggesting the potential for striking or similar actions
will be considered a violation of the Agreement's violence in the workplace proscription and
will not be tolerated.
41
ARTICLE XXXI: UNIFORMS
Section A:
The Employer shall provide such uniform, including protective clothing, clothing appropriate for
inclement weather in any season, including water resistant rain gear, or any type of pro tective
device that the Employer requires the employee to wear as a condition of employment. When
provided, uniforms must be worn while on duty. Closed- in-shoes, socks or stockings, sweaters,
and belts shall be furnished by the employee at his/her own expense.
Section B:
A Uniform Labor-Management Committee composed of equal numbers of labor and
management representatives shall determine the types of uniforms and equipment needed.
Section C:
Maintenance and safeguarding of uniforms is the responsibility of the individual employee.
Section D:
If an employee is pregnant and on active duty, the Employer shall make available suitable
uniform clothing, upon the employee's request.
Section E:
Discussion of uniforms and protective gear is an appropriate subject for labor management
discussions. At any time, the Union may submit in writing to management recommendation
regarding uniforms. Management agrees to meet with a representative of the Union to discuss
these recommendations.
ARTICLE XXXII: LABOR-MANAGEMENT PARTNERSHIP
The Union and the Employer enter into this Partnership Agreement in order to work jointly for
the continuous improvement of the transportation services, student achievement, working
conditions, job performance, organizational effectiveness, and operations efficiency. Both
parties to this Agreement recognize the importance of communication between themselves.
To this end, the Parties agree to establish a Labor Management Partnership Committee to
facilitate a cooperative approach to identifying issues of mutual interests, shared goals, and
common visions.
42
Section A:
The parties will work to improve the relationship between the Union and the Employer to
explore and develop work effectiveness. The parties agree to participate in joint training in
problem-solving, conflict resolution techniques, consensus building, interpersonal communi-
cation, and other related skills necessary to develop cooperative labor-management relations.
The parties agree to contact the Federal Mediation and Conciliation Service (“FMCS” annually
to request such training.
Section B:
It is agreed that the Labor Management Partnership Committee, including the Director of
Student Transportation, and the Union, including the President of the Union, shall meet every
month or as otherwise mutually agreed to by the Parties to further labor- management coop-
eration. In addition to the Director of Student Transportation and the Union President, both
Parties shall each designate four (4) employee members to serve on this Committee.
Section C:
The Parties agree to exchange agendas of topics to be discussed at least five (5) days in advance
of the date set for the meetings. If unusual circumstances or timeliness of events do not allow
for discussion of items on the agenda submitted in advance of the meeting, the issues thus
presented might either be discussed by both parties or tabled for later discussion by either
Party.
Section D:
The members of the Labor Management Partnership Committee appointed by the Union shall
be granted official time to attend the Labor Management Partnership Committee Meetings
when such meetings occur during the regular working hours of the employees.
Section E:
Minutes of the Labor Management Partnership Committee will be prepared by the Employer
and will be furnished to the Union ten (10) working days before the next Labor Management
Partnership Committee meeting.
Section F:
The Labor-Management Partnership Committee will develop a method by which it will measure
and monitor the effectiveness of the cooperation effort.
43
Section G:
It is understood that appeals or grievances of individual employees shall not be the subject of
discussion at Labor Management Partnership Meetings, nor shall the meetings be for any
purpose which would modify, add to or detract from the provisions of this Agreement.
Section H:
The Employer and the Union shall discuss the impact of personnel rules on employees at Labor
Management meetings. These discussions shall also include the method of communicating
such rules to the Union and employee(s).
ARTICLE XXXIII: LOCKERS
At such time as the Division of Student Transportation acquires additional space for
transportation facilities, or relocates the transportation facility, due consideration will be given
to providing lockers for appropriate transportation personnel. Should the Division of Student
Transportation decide not to provide lockers at that time, it shall state in writing to the Union
its rationale for making such a decision.
ARTICLE XXXIV: DISTRICT OF COLUMBIA NEGOTIATED EMPLOYEE
ASSISTANCE HOME PURCHASE PROGRAM
Employees covered by this Agreement are eligible to participate in the Negotiated Employee
Assistance Home Purchase Program provided for in the Compensation 1 & 2 Agreement.
44
ARTICLE XXXV: DRIVER/ATTENDANT RECOGNITIO N PROGRAM
The parties agree that the administration of the Driver/Attendant Recognition Program is a
proper subject for discussion at a Labor Management Partnership Committee meeting.
However, OSSE shall be responsible for determining the qualifications, categories, and number
of employees selected for employee recognition in the Program.
ARTICLE XXXVI: U.S. DEPARTMENT OF TRANSPORTATION
PHYSICALS
At least three months before the expiration of their Department of Transportation (DOT)
physical card, an employee on the inactive status shall, in writing (including email), notify the
Employer of the impending expiration and request that the Employer schedule the physical
examination required for renewal of the DOT physical card. The Employer agrees to continue its
practice of notifying active employees 45 days prior to the expiration of their DOT physical card
in order to coordinate scheduling of the necessary physical examination. Notwithstanding the
foregoing, it remains the employee’s responsibility to maintain a current DOT physical card.
45
ARTICLE XXX VIII: DURATION AND FINALITY OF AGREEMENT
Section A:
This Agreement is effective as of the date of District of Columbia City Council approval. If
certain provisions are found to be contrary to applicable law, the parties shall meet within
thirty (30) days to negotiate legally-constituted replacement article(s) for the offensive
provision(s). The Agreement shall remain in full force and effect during the period of
negotiations and until a new contract takes effect.
Section B:
The parties acknowledge that this agreement represents the result of negotiations during which
both parties had the unlimited right and opportunity to make demands and proposals with
respect to any mandatory negotiable subject matter.
Section C:
It is agreed that any request by either party for further negotiations due to changes in legisla-
tion, rules or regulations affecting any Article in this agreement shall be for the purpose of
amending, modifying or supplementing provisions agreed to and included in this Agreement. If
all parties mutually agree in writing during the term(s) of the Agreement that modification of
the Agreement is necessary, they may modify it.
46
FOR THE DISTRICT OF COLUMBIA FOR AFSCME, LOCAL 1959
GOVERNMENT
_______________________________ _________________________________
Christina Grant, State Superintendent Wayne Enoch, Executive Director
Office of the State Superintendent American Federation of State, County and
of Education Municipal Employees, Council 20
_______________________________ _________________________________
E. Lindsey Maxwell, II, Director Cory Upchurch, President AFSCME,
Office of Labor Relations and Local 1959
Collective Bargaining
________________________________ ____________________________________
Michael Riley, Director, Division of Brenda Zwack, Counsel, AFSCME,
Student Transportation, OSSE Local 1959
_________________________________ __________________________________
Michael Kentoff
Supervisory Attorney-Advisor, OLRCB
47
APPROVAL
This collective bargaining agreement between the District of Columbia Government, Division of
Student Transportation, Office of the State Superintendent of Education and American
Federation of State, County and Municipal Employees, Local 1959, dated ____________, has
been reviewed in accordance with Section 1-617.15 of the District of Columbia Official Code
(2016 Repl.) and is hereby approved on this ____ day of ___________, 20 23.
_________________________________
Muriel Bowser
Mayor Government of the District of Columbia
Office of the Chief Financial Officer
Glen Lee
Chief Financial Officer
1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476
www.cfo.dc.gov
MEMORANDUM
TO: The Honorable Phil Mendelson
Chairman, Council of the District of Columbia
FROM: Glen Lee
Chief Financial Officer
DATE: May 2, 2023
SUBJECT: Fiscal Impact Statement – Compensation and Working Conditions
Agreement between the Office of the State Superintendent of Education
and the American Federation of State, County and Municipal Employees
AFL-CIO, District Council 20, Local 1959 Approval Resolution of 2023
REFERENCE: Draft Resolution as provided to the Office of Revenue Analysis on April
24, 2023
Conclusion
Funds are sufficient in the fiscal year 2023 budget and proposed fiscal year 2024 through fiscal year
2027 budget and financial plan to implement the bill. The resolution will cost approximately $11.7
million in fiscal year 2023, $5.7 million in fiscal year 2024, and a total of $39.5 million from fiscal year
2023 through fiscal year 2027. Funding is available in the Workforce Investments account to cover
these costs.
Background
The resolution approves a compensation and working conditions agreement between the Student
Transportation Division of the Office of the State Superintendent of Education (OSSE) and its motor
vehicle operators and bus attendants. The agreement covers approximately 900 employees who are
employed part-time, with an average hourly rate of $25.20 and average annual earnings of
approximately $46,000. It is in effect from October 1, 2020 through September 30, 2024. The
agreement provides that pay rates shall be adjusted from the first pay period of fiscal year 2021 to
be equal to grade 3 (for bus attendants) or grade 7 (for motor vehicle operators) on the
Compensation Unit 1 and 2, X07 Maintenance, Trades, and Labor pay schedule. For fiscal year 2022
through fiscal year 2024, the agreement provides for the following pay increases and bonus
payments: The Honorable Phil Mendelson
FIS: “Compensation and Working Conditions Agreement between the Office of the State Superintendent of
Education and the American Federation of State, County and Municipal Employees AFL-CIO, District Council
20, Local 1959 Approval Resolution of 2023,” Draft Resolution as provided to the Office of Revenue Analysis
on April 24, 2023
Page 2 of 2
•In fiscal year 2022, a bonus payment of 3.5 percent;
•In fiscal year 2023, an increase in the salary schedule of 2.5 percent; and
•In fiscal year 2024, an increase in the salary schedule of 3.0 percent
In addition, the agreement provides for increased District contributions toward optical, dental and
pre-paid legal plans, and increases the contribution toward a Metro card from $50 monthly to $100
monthly.
All other compensation terms are unchanged from the prior agreement, and the agreement makes
minor and clarifying changes to working conditions.
Financial Plan Impact
Funds are sufficient in the fiscal year 2022 budget and approved fiscal year 2023 through fiscal year
2026 budget and financial plan to implement the resolution.
The resolution will cost approximately $11.7 million in fiscal year 2023, $5.7 million in fiscal year
2024, and a total of $39.5 million from fiscal year 2023 through fiscal year 2027. Funding is available
in the Workforce Investments account to cover these costs.
.
Cost of the FY 2021 - FY 2024 Compensation and Working Conditions Agreement between
OSSE and AFSCME Local 1959
(Dollars in thousands)
FY
2023
(a)
FY
2024
FY
2025
(b)
FY
2026
(b)
FY
2027
(b)
Five-Year
Total
Total Cost of Pay Scale
Adjustment, Increases and
FY 2022 bonus
(c)
$9,434 $4,870 $5,737 $6,618 $7,236 $33,894
Cost of Optical, Dental,
Legal Benefits and Metro
Increase
$2,220 $854 $854 $854 $854 $5,637
Total Cost $11,654 $5,724 $6,591 $7,472 $8,090 $39,531
Less: Funding Available in
Financial Plan
(d)
($0) ($0) ($696) ($1,403) ($2,122) ($4,221)
Cost to be Covered by
Workforce Investments
$11,654 $5,724 $5,895 $6,069 $5,968 $35,311
Table Notes:
(a) Includes retroactive adjustment to salary schedule to match Comp 1 and 2 X07, effective fiscal year 2021
and fiscal year 2022 bonus due.
(b) Assumes salaries increase by 1.7 percent.
(c) Includes fringe rate of 12.65 percent. One hundred percent of cost is Local Funds.
(d) Increases of 1.7 percent built into the financial plan costs for the agency are used toward the cost of the
agreement.