District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill PR25-0306 Compare Versions

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Old	New	Differences
1	1	MURIEL BOWSER
2	2	MAYOR
3	3	June 26, 2023
4	4	The Honorable Phil Mendelson
5	5	Chairman
6	6	Council
7	7	of the District of Columbia
8	8	John A. Wilson Building
9	9	1350 Pennsylvania A venue, NW, Suite 504
10	10	Washington, DC 20004
11	11	Dear Chairman Mendelson:
12	12	Enclosed for consideration and approval by the Council
13	13	of the District of Columbia is a
14	14	proposed resolution entitled the "Compensation and Working Conditions Agreement between the
15	15	Office
16	16	of the State Superintendent of Education and American Federation of State, County and
17	17	Municipal Employees, District Council 20, Local 1959, AFL-CIO Approval Resolution
18	18	of
19	19	2023".
20	20	This resolution will approve a collective bargaining agreement between the Office
21	21	of the State
22	22	Superintendent
23	23	of Education ("OSSE") and the American Federation of State, County and
24	24	Municipal Employees, District Council 20, Local 1959, AFL-CIO (AFSCME) bargaining unit
25	25	members at the
26	26	OSSE's Division of Student Transportation. Under the agreement, effective the
27	27	first
28	28	day of the first full pay period beginning on or after October 1, 2020, an adjustment to
29	29	the salary schedules
30	30	of these employees will be made to reflect the FY 2021 Compensation
31	31	Units 1 and 2 rates for Grade 7 and Grade 3 on the X07-Maintenance, Trades, and Labor pay
32	32	schedule. Further, AFSCME bargaining unit members at the OSSE's Division of Student
33	33	Transportation who were actively on the payroll as
34	34	of October 1, 2021, will receive a one-time
35	35	3.5% bonus payment in lieu
36	36	of a wage-increase for FY 2022. Thereafter, for FY 2023, effective
37	37	for the first day
38	38	of the first full pay period beginning on or after October I, 2022, the salary
39	39	schedules
40	40	of AFSCME bargaining unit members at the OSSE's Division of Student
41	41	Transportation, will be increased by 2.5%. This increase will be followed by a 3.0% wage increase
42	42	effective on the first day
43	43	of the first full pay period beginning on or after October 1, 2023 for FY
44	44	2024. The agreement also provides for increases in the pre-paid legal services plan and the optical and
45	45	dental plans. In addition, bargaining unit members' Metro Pass subsidy will increase from $50 to
46	46	$100 monthly.
47	47	I urge the Council to take prompt and favorable action
48	48	on the resolution. Please contact me or E.
49	49	Lindsey Maxwell II, Director, Office of Labor Relations and Collective Bargaining, at (202) 724-
50	50	4953, should you have questions concerning the resolution or agreement.
51	51	Sincerely,
52	52	Muriel Bowser 1
53	53	2
54	54	3
55	55	4
56	56	5
57	57	6
58	58	7
59	59	8 A PROPOSED RESOLUTION
60	60	9
61	61	10
62	62	11
63	63	~~
64	64	at the request of the Mayor
65	65	12 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
66	66	13
67	67	14
68	68	15
69	69	16
70	70	17 To approve the negotiated compensation collective bargaining agreement for employees
71	71	18 employed by the Office of the State Superintendent of Education, Division of Student
72	72	19 Transportation, who are represented by the American Federation of State, County and
73	73	20 Municipal Employees, AFL-CIO, District Council 20, Local 1959 union.
74	74	21
75	75	22 RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
76	76	23 resolution may be cited as the "Compensation and Working Conditions Agreement between the
77	77	24 Office
78	78	of the State Superintendent of Education and the American Federation of State, County
79	79	25 and Municipal Employees, AFL-CIO, District Council 20, Local 1959 Approval Resolution
80	80	of
81	81	26 2023".
82	82	27 Sec.
83	83	2. Pursuant to section 1717(j) of the District of Columbia Government
84	84	28 Comprehensive Merit Personnel Act
85	85	of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C.
86	86	29 Official Code 1-617.17(j)), the Council approves the collective bargaining agreement, and the
87	87	30 related pay schedules, between the Office
88	88	of the State Superintendent of Education and the
89	89	31 American Federation of State, County and Municipal Employees, AFL-CIO, District Council 20,
90	90	32 Local 1959, which was transmitted to the Council by the Mayor
91	91	on June 23, 2023.
92	92	33 Sec. 3. Fiscal impact statement.
93	93	1 34 The Council adopts the fiscal impact statement in the committee report as the fiscal
94	94	35 impact statement required by section 4a of the General Legislative Procedures Act of 1975,
95	95	36 approved October
96	96	16, 2006 (120 Stat. 2038; D.C. Official Code§ 1-301.47a).
97	97	3 7 Sec. 4. Transmittal.
98	98	38 The Council shall transmit a copy of this resolution, upon its adoption, to the American
99	99	39 Federation
100	100	of State, County and Municipal Employees, AFL-CIO, District Council 20, Local
101	101	40 1959, and the Office
102	102	of the State Superintendent of Education, and the Mayor.
103	103	41 Sec. 5. Effective date.
104	104	42 This resolution shall take effect immediately.
105	105	2
106	106	COMPENSATION
107	107	AND
108	108	WORKING CONDITIONS
109	109	AGREEMENT
110	110	BETWEEN
111	111	OFFICE OF THE STATE SUPERINTENDENT OF
112	112	EDUCATION
113	113	DIVISION OF STUDENT TRANSPORTATION
114	114	AND
115	115	AMERICAN FEDERATION OF STATE,
116	116	COUNTY AND MUNICIPAL EMPLOYEES
117	117	DISTRICT COUNCIL 20, LOCAL 1959,
118	118	AFL-CIO
119	119
120	120
121	121
122	122
123	123
124	124
125	125	Effective
126	126	October 1, 2020 - September 30, 2024 2
127	127
128	128	Table of Contents
129	129
130	130	PREAMBLE .................................................................................................. 3
131	131
132	132	ARTICLE I: RECOGNITION: COVERAGE ....................................................................... 3
133	133	ARTICLE II: DEFINITIONS ............................................................................................... 4
134	134	ARTICLE III: FAIR PRACTICES ......................................................................................... 5
135	135	ARTICLE IV: UNION DUES ................................................................................................. 5
136	136	ARTICLE V: DISCIPLINE & ADVERSE ACTIONS ........................................................... 6
137	137	ARTICLE VI: GRIEVANCE & ARBITRATION PROCEDURES ......................................... 8
138	138	ARTICLE VII: BULLETIN BOARDS .................................................................................. 13
139	139	ARTICLE VIII: SAFETY AND HEALTH ............................................................................. 14
140	140	ARTICLE IX UNION STEWARDS ................................................................................... 15
141	141	ARTICLE X: UNION ACTIVITIES ................................................................................... 18
142	142	ARTICLE XI: ADMINISTRATIVE CLOSING………………………………………………………………..17
143	143	ARTICLE XII: WORK FORC E CHANGES.......................................................................... 19
144	144	ARTICLE XIII: WORK SCHEDULING ................................................................................ 20
145	145	ARTICLE XIV: NO STRIKES/NO LOCK-OUTS ................................................................ 21
146	146	ARTICLE XV: MATTERS NOT COVERED ...................................................................... 22
147	147	ARTICLE XVI: LEAVE ........................................................................................................ 22
148	148	ARTICLE XVII: COMPENSATION ...................................................................................... 31
149	149	ARTICLE XVIII: CONTRACTING OUT ................................................................................ 33
150	150	ARTICLE XIX: OFFICIAL PERSONNEL FILES ................................................................. 34
151	151	ARTICLE XX: DRUG FREE WORK ENVIRONMENT ..................................................... 34
152	152	ARTICLE XXI: DISCRIMINATION .................................................................................... 35
153	153	ARTICLE XXII: SENIORITY ................................................................................................ 35
154	154	ARTICLE XXIII: OVERTIME ................................................................................................ 36
155	155	ARTICLE XXIV: CONFORMITY TO LAW - SAVINGS CLAUSE ......................................... 36
156	156	ARTICLE XXV: COPIES OF THIS AGREEMENT ............................................................... 37
157	157
158	158	ARTICLE XXVI: OPTICAL AND DENTAL BENEFITS ........................................................ 37
159	159	ARTICLE XXVII: PRE-PAID LEGAL PLAN ........................................................................... 38
160	160	ARTICLE XXVIII: METRO PASS ............................................................................................. 40
161	161	ARTICLE XXIX: DISABILITY COMPENSATION BENEFITS ............................................. 40
162	162	ARTICLE XXX: VIOLENCE IN THE WORKPLACE ........................................................... 40
163	163	ARTICLE XXXI: UNIFORMS ................................................................................................ 41
164	164	ARTICLE XXXII: LABOR-MANAGEMENT PARTNERSHIP ............................................... 41
165	165	ARTICLE XXXIII: LOCKERS ................................................................................................... 43
166	166	ARTICLE XXXIV: DISTRICT OF COLUMBIA NEGOTIATED EMPLOYEE ASSISTANCE
167	167	HOME PURCHASE PROGRAM .......................................................... 43
168	168
169	169	ARTICLE XXXV: DRIVER/ATTENDANT RECOGNITION PROGRAM ………………………..... 42
170	170	ARTICLE XXXVI: U.S. DEPARTMENT OF TRANSPORTATION PHYSICALS …………….……. 42
171	171	ARTICLE XXXVII : DURATION AND FINALITY OF AGREEMENT ....................................... 45
172	172
173	173	APPROVAL ................................................................................................. 47
174	174
175	175	3
176	176
177	177	PREAMBLE
178	178
179	179	This Agreement is entered into between the Government of the District of Columbia Office of
180	180	the State Superintendent for Education (hereinafter referred to as the Employer ) and the
181	181	American Federation of State, County and Municipal Employees, Local 1959 (hereinafter
182	182	referred to as the Union), and collectively known as the “Parties”.
183	183
184	184	The purpose of this Agreement is:
185	185
186	186	1. To promote fair and reasonable working conditions;
187	187
188	188	2. To promote harmonious relations between the parties;
189	189
190	190	3. To establish an equitable and orderly procedure for the resolution of differences;
191	191
192	192	4. To protect the rights and interests of the employee, the Union and the Employer ; and
193	193
194	194	5. To promote the efficient operations of the Employer.
195	195
196	196
197	197	Each party affirms without reservation the contents of this Agreement. Now therefore, in
198	198	consideration of mutual covenants and promises contained herein, the Employer and the Union
199	199	do hereby agree as follows:
200	200
201	201	ARTICLE I: RECOGNITION: COVERAGE
202	202
203	203	The Employer recognizes the Union as the sole and exclusive collective bargaining
204	204	representative for the purpose of negotiating wages and working conditions for all employees
205	205	in the bargaining unit certified by the Public Employee Relations Board in Certification No. 25 or
206	206	as it may be amended.
207	207
208	208
209	209
210	210	4
211	211
212	212	ARTICLE II: DEFINITIONS
213	213
214	214	Except as otherwise stated in this Agreement, whenever used herein the following terms shall
215	215	have meanings as follows:
216	216
217	217	Section A:
218	218
219	219	The term "Union" shall mean the American Federation of State, County, and Municipal
220	220	Employees, District Council 20, Local 1959, AFL-CIO.
221	221
222	222	Section B:
223	223
224	224	The term "Employee" shall mean all employees covered by this Agreement, except that
225	225	probationary employees shall not be entitled to certain provisions of this Agreement where
226	226	such entitlement would be contrary to the laws and regulations of the District of Columbia.
227	227
228	228	Section C:
229	229
230	230	The term “Probationary Employee ” shall mean an employee in his, her, or their first twelve
231	231	months of employment with the Employer. Probationary employees are entitled to the full
232	232	benefits of this Agreement except that no probationary employee may access the grievance
233	233	procedure in order to challenge his or her discharge during a probationary period.
234	234
235	235	Section D:
236	236
237	237	The term "Seniority" shall mean time served as an employee with OSSE (bargaining unit) or its
238	238	predecessor.
239	239
240	240	Section E:
241	241
242	242	The term "Collective Bargaining" shall mean negotiations between the Employer and the Union
243	243	on matters of wages, hours, and other conditions of employment.
244	244
245	245	Section F:
246	246
247	247	The masculine or feminine gender when used in this Agreement shall be interpreted as
248	248	referring equally to men and women and not as sex limitations. "He" or "she" when used in this
249	249	Agreement shall be interpreted as referring equally to men and women.
250	250
251	251	5
252	252
253	253	ARTICLE III: FAIR PRACTICES
254	254
255	255	Section A:
256	256
257	257	The Agency shall not discriminate in any manner whatsoever against any employee based on
258	258	union activity, race, color, religion, national origin, sex, age, marital status, personal
259	259	appearance, sexual orientation, familial status, family responsibilities, disability, matriculation,
260	260	political affiliation or any other classification protected by law against discrimination.
261	261
262	262	Section B:
263	263
264	264	Employees have the right to freely join the Union or any employee organization but member-
265	265	ship in the Union or an employee organization shall not be required as a condition of
266	266	employment.
267	267
268	268	Section C:
269	269
270	270	The Union will admit persons to membership without discrimination based on race, color,
271	271	religion, national origin, sex, age, marital status, personal appearance, sexual orientation,
272	272	familial status, family responsibilities, disability, matriculation, political affiliation or any other
273	273	classification protected by law against discrimination.
274	274
275	275	Section D:
276	276
277	277	The Union recognizes its responsibility as bargaining agent and agrees to represent all
278	278	employees in the bargaining unit without discrimination, interference, restraint, or coercion
279	279	within the provisions spelled out in this Agreement.
280	280
281	281	ARTICLE IV: UNION DUES
282	282
283	283	Section A:
284	284
285	285	The Employer agrees to deduct union dues bi-weekly from the pay of employee members who
286	286	properly authorize the deduction of said dues. The employees must complete and sign the
287	287	authorization form which shall be forwarded by AFSCME District Council 20, to the Office of
288	288	Labor Relations and Collective Bargaining on the D.C. Form 277 to authorize withholding. The
289	289	amount to be deducted shall be certified to the Employer, through the Office of Labor Relations
290	290	and Collective Bargaining, in writing by the appropriate official of District Council 20.
291	291
292	292	6
293	293
294	294	Section B:
295	295
296	296	The Employer agrees to honor all lawful authorizations for payroll deduction of payments to the
297	297	union and to remit such payments promptly to AFSCME District Council 20 pursuant to such
298	298	authorization. Authorized deductions shall be revocable in accordance with the lawful terms
299	299	under which an employee voluntarily authorized said deductions.
300	300
301	301	Section C:
302	302
303	303	The parties agree that no employee may be forced to become or remain a member of the
304	304	Union. Bargaining unit employees who do not wish to join the Union but who do wish to be
305	305	represented by the Union in a grievance may be required to pay the reasonable cost of
306	306	representation by the Union.
307	307
308	308	Section D:
309	309
310	310	It is the responsibility of the employee, the Local Union and District Council 20 to bring errors or
311	311	changes in bargaining unit employee status to the attention of the Employer. Corrections or
312	312	changes will be made at the earliest opportunity after notification is received by the Office of
313	313	Pay and Retirement Services but in no case will changes be made more than twenty -four (24)
314	314	calendar days after the start of the next pay period. The Union shall indemnify, defend, and
315	315	hold the District harmless against any and all claims, demands and other forms of liability that
316	316	may arise from the operation of this Article. In any case in which a judgement is entered against
317	317	the District as a result of the deduction of dues, the amount held to be improperly deducted
318	318	from an employee’s pay and actually transferred to the Union by the Employer, shall be
319	319	returned to the Employer or conveyed by the Union to the employee(s) as appropriate.
320	320
321	321	ARTICLE V: DISCIPLINE & ADVERSE ACTIONS
322	322
323	323	Section A:
324	324
325	325	This Article shall not apply to the discipline or discharge of probationary employees.
326	326
327	327	Section B:
328	328
329	329	Disciplinary and adverse action measures may include the following:
330	330
331	331	1. Verbal Warning;
332	332	2. Written Warning/Official Reprimand;
333	333	3. Suspension; and
334	334	4. Discharge.
335	335	7
336	336
337	337	Section C:
338	338
339	339	Any disciplinary action or measure imposed upon an employee, if hand delivered or post
340	340	marked (if mailed) shall be given within twenty (20) workdays of completion of the
341	341	investigation of the matter upon which the proposed action is based. OSSE will notify the
342	342	Union’s president by e-mail of the commencement of an investigation.
343	343
344	344	Section D:
345	345
346	346	If the Division of Student Transportation has reason to discipline an employee, it shall be done
347	347	in a manner that will not embarrass the employee before other employees or the public.
348	348
349	349	Section E:
350	350
351	351	The Employer shall not discharge an employee without cause. At the time the action is taken,
352	352	the employee and the Union will be notified in writing that the employee is subject to
353	353	discharge.
354	354
355	355	Section F:
356	356
357	357	The Union, an employee, or an employee through his/her Union, shall have the right to take up
358	358	a suspension or discharge as a grievance at Step 2 of the grievance procedure and the matter
359	359	shall be handled in accordance with this procedure.
360	360
361	361	Section G:
362	362
363	363	An employee found to be unjustly suspended shall be fully compensated for all lost time and
364	364	shall be made whole with respect to all other rights and conditions of employment.
365	365
366	366	Section H:
367	367
368	368	An employee found to be unjustly discharged shall be reinstated in accordance with an
369	369	Arbitrator’s Award or order of the Office of Employee Appeals or court of competent
370	370	jurisdiction.
371	371
372	372	Section I:
373	373
374	374	An employee may be immediately suspended pending investigation and/or may be terminated
375	375	upon the first offense if the Division of Student Transportation has reasonable cause to believe
376	376	that the employee has engaged in behavior or conduct that: presents a threat to the efficiency
377	377	and discipline of the public school system; threatens or may threaten any student or employee;
378	378	or otherwise threatens the public health, safety or welfare. Any employee charged with
379	379	committing a crime may be suspended immediately pending a complete investigation of the
380	380	matter. 8
381	381
382	382	Section J:
383	383
384	384	Except as provided in Section I . of this Article, the Division of Student Transportation shall
385	385	provide at least 10 days advance notice to the employee and the Union prior to implementing a
386	386	corrective action and at least 15 days advance notice prior to implementing an adverse action.
387	387	The notice shall include a statement of the proposed action and the reasons for the proposed
388	388	action. Within five (5) days after receipt of the notice of the corrective action, and within ten
389	389	(10) days after receipt of the notice of the adverse action, the employee has the right to reply in
390	390	writing or in person to all charges and to furnish any statements in support of the employee’s
391	391	reply.
392	392
393	393	ARTICLE VI: GRIEVANCE & ARBITRATION PROCEDURES
394	394
395	395	Section A: Definition
396	396
397	397	A grievance is a complaint that there has been a violation of the provisions of this Agreement,
398	398	except for those complaints for which an existing statutory or regulatory procedure provides
399	399	exclusive redress.
400	400
401	401	Section B: Presentation of Grievances
402	402
403	403	1. A grievance may be presented by an employee, the Union, or the Employer. .
404	404	Any grievance raised by the Union must identify the employee or group of
405	405	employees on whose behalf it is being raised.
406	406
407	407	Any matter that is presented to the D.C. Office of Employee Appeals m ay not thereafter be
408	408	raised as a grievance under this Agreement. In accordance with D.C. Code Sec. 1-616.52(f), any
409	409	matter that is presented as a grievance under this Agreement may not thereafter be presented
410	410	to the D.C. Office of Employee Appeals.
411	411
412	412	2. Categories of Grievance:
413	413
414	414	a. Personal Grievance: A grievance of a personal nature requires signature of
415	415	the aggrieved employee if the grievant is represented by the Union. In the case of an individual grievant proceeding without Union representation, the
416	416	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
417	417	adjustment, decision or response made by the Employer must be sent to the
418	418	Union upon request.
419	419	9
420	420
421	421	b. Group Grievance: A grievance on behalf of a group of employees may be
422	422	presented by the Union at the lowest step available where the grievance may
423	423	be resolved. A group grievance must contain all information specified in Step
424	424	2 of the grievance procedure.
425	425
426	426	c. Class Grievance: A grievance involving all the employees in the bargaining
427	427	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
428	428	processed only if the issue raised is common to all unit employees. A class
429	429	grievance must contain all information specified in Step 2 of the grievance
430	430	procedure and the Director of Student Transportation or designee shall
431	431	respond in writing within 20 working days of its receipt.
432	432
433	433	Section C: Procedure
434	434
435	435	This grievance procedure is designed to enable the parties to settle grievances at the lowest
436	436	possible administrative level. Accordingly, a grievance shall be filed as follows:
437	437
438	438	Non-disciplinary grievances and grievances challenging written reprimands must be
439	439	raised at Step 1. Such grievances shall be submitted within fifteen (15) working days of
440	440	the occurrence of the event giving rise to the grievance.
441	441
442	442	Grievances challenging disciplinary suspensions or demotions may be initiated at Step 2
443	443	and submitted to the Associate Director of Bus Operations, but must be in writing and
444	444	provide the detail required for a Step 2 “Grievance Statement.” Grievances challenging
445	445	disciplinary suspensions or demotions shall be submitted within fifteen (15) working
446	446	days of the issuance of the Notice of Final Decision imposing the suspension or
447	447	demotion.
448	448
449	449	Grievances challenging termination actions may be initiated at Step 3 and submitted to
450	450	the Director of Student Transportation, but must be in writing and provide the detail
451	451	required for a Step 2 “Grievance Statement.” Grievances challenging terminations shall
452	452	be submitted within fifteen (15) working days of the issuance of the Notice of Final
453	453	Decision imposing termination.
454	454
455	455	STEP l
456	456
457	457	An employee and/or the Union shall initially present the grievance to the grievant's immediate
458	458	supervisor. The grievance shall be in writing and shall identify the employee or group of
459	459	employees on whose behalf it is being raised; the contract provision allegedly violated, a
460	460	general description of the incident giving rise to the grievance, the date or approximate date
461	461	and location of the alleged violation, and the remedy sought. If a grievance is presented on
462	462	behalf of at least two (2) grievants who report to different immediate supervisors, the
463	463	grievance may be presented at Step 1 to the immediate supervisor of any grievant. The 10
464	464
465	465	supervisor shall respond within five (5) working days after the grievance was presented. If the
466	466	grievance is resolved at Step 1, the resolution shall be memorialized in writing.
467	467
468	468	STEP 2
469	469
470	470	If a grievance is not settled at Step I, the grievance must be presented in writing to the
471	471	Associate Director of Bus Operations within seven (7) working days after receipt of the
472	472	response at Step 1 or when the Step 1 response was due. The written "Grievance Statement"
473	473	shall include:
474	474
475	475	a. The name(s) of all employee(s) involved; or a description of the group of
476	476	employees covered by the grievance;
477	477
478	478	b. A statement of the facts giving rise to the grievance;
479	479
480	480	c. A specific identification of the provisions of this Agreement alleged to have been
481	481	violated;
482	482
483	483	d. The specific relief requested.
484	484
485	485	The written Grievance Statement presented at this Step shall provide the sole and exclusive
486	486	basis for purposes of Step 3 of this grievance procedure; the grievant or the Union may,
487	487	however, delete items from the original Grievance Statement.
488	488
489	489	Within seven (7) working days of receipt of the Step 2 grievance, the Associate Director of Bus
490	490	Operations, Division of Student Transportation, or that official's designee, may, at his/her
491	491	discretion, issue a written decision regarding the Step 2 grievance or meet and discuss the
492	492	matter with the grievant and the Union. The Associate Director of Bus Operations, or his/her
493	493	designee, shall render a written decision on the grievance within seven (7) working days after
494	494	the Step 2 meeting. In the event that management declines to hold a Step 2 meeting, the
495	495	employer’s response shall be due no more than seven (7) working days from receipt of the
496	496	grievance.
497	497
498	498	STEP 3
499	499
500	500	If the grievance is not resolved at Step 2, within seven (7) working days from receipt of the Step
501	501	2 decision or when the Step 2 response was due, the grievant or union may submit the written
502	502	grievance to the Director of Student Transportation. The Director of Student Transportation, or
503	503	his/her designee, shall issue a written decision regarding the Step 3 grievance within ten (10)
504	504	working days of receipt of the Step 3 grievance.
505	505
506	506	11
507	507
508	508	STEP 4
509	509
510	510	If the grievance is not resolved at the Step 3, within ten (10) working days from the receipt of
511	511	the Step 3 decision, the Union must notify the Employer’s Labor Liaison and the District of
512	512	Columbia Office of Labor Relations and Collective Bargaining of its desire to arbitrate the
513	513	grievance.
514	514
515	515	An employee may not appeal a grievance to arbitration.
516	516
517	517	Section D: Representation During the Grievance Process
518	518
519	519	Employees have the right to have a Shop Steward or a representative of the Union present
520	520	during the discussion of any grievance with representatives of OSSE.
521	521
522	522	Section E: Arbitrations
523	523
524	524	1. The rules of the Federal Mediation and Conciliation Services (29 CFR Part 1404)
525	525	shall apply to arbitrations conducted pursuant to this Article.
526	526
527	527	2. Once an arbitrator is selected, the Parties shall propose dates to the arbitrator or
528	528	notify the arbitrator to provide potential dates to hold the hearing. The notice to
529	529	the arbitrator shall include a copy of the grievance article of this Agreement.
530	530
531	531	3. Grievance arbitration hearings shall be conducted at a time and place that will
532	532	afford a fair and reasonable opportunity for both parties and their witnesses to
533	533	attend. Such witness(es) shall be available only for the time necessary to
534	534	present his, her, or their evidence. When hearings required under this provision
535	535	are held during the work hours of the participants, they shall be excused with
536	536	pay for this purpose. The parties shall exchange witness and document lists at
537	537	least one (1) week before the hearing date.
538	538
539	539	4. Hearings shall be held in the Office of Labor Relations and Collective Bargaining’s
540	540	(OLRCB) Negotiation Center or another mutually agreeable location. If any
541	541	additional costs are involved, they shall be borne equally by the parties.
542	542
543	543	5. The arbitrator shall hear and decide only one (1) grievance in each case, unless
544	544	otherwise agreed by the parties.
545	545
546	546	6. All requests for information and documentation for a particular hearing shall be
547	547	made to the other party at least ten (10) working days before the scheduled
548	548	hearing.
549	549
550	550	7. The arbitration hearing shall be informal, and the rules of evidence shall not
551	551	strictly apply. 12
552	552
553	553
554	554	8. The hearing shall not be open to the public, unless otherwise mutually agreed by
555	555	the parties.
556	556
557	557	9. Witnesses shall be sequestered upon request of either party.
558	558
559	559	10. Either party has the right to have a verbatim stenographic record of the hearing
560	560	made at the party's expense. The parties may share the expense of the record
561	561	by mutual agreement. If the Union decides to share the cost of the
562	562	stenographic record, it should notify the OLRCB no later than fourteen (14)
563	563	calendar days prior to the date of the hearing.
564	564
565	565	11. The arbitrator's award shall be in writing and shall set forth the arbitrator's
566	566	findings, reasoning, and conclusions within thirty (30) working days after the
567	567	conclusion of the hearing, or within thirty (30) working days after the arbitrator
568	568	receives the parties' briefs, if any, whichever is later.
569	569
570	570	12. The arbitrator shall not have the power to add to, subtract from or modify the
571	571	provisions of this Agreement through the award. The arbitrator may not
572	572	substitute his, her or their own business judgment for that of the Employer .
573	573
574	574	Section E: Time Limits
575	575
576	576	a. No matter shall be entertained as a grievance unless raised within fifteen (15) days of
577	577	the occurrence of the event giving rise to the grievance, or within fifteen (15) days of
578	578	the employee’s knowledge of the occurrence of the event giving rise to the grievance.
579	579
580	580	b. If the Employer does not respond within the time limit specified for each grievance step,
581	581	the grievant may invoke the next step, treating the lack of response as a denial of the
582	582	grievance at that step.
583	583
584	584	c. Any unsettled grievance not advanced to the next step by the employee or the Union
585	585	within the time limit specified in the step, shall be deemed abandoned.
586	586
587	587	d. All time limits must be strictly observed unless the parties mutually agree to extend said
588	588	time limits.
589	589
590	590	e. The Employer and the Union and/or employee shall provide current and accurate
591	591	information and documentation in response to all requests for information related to
592	592	the preparation and presentation of grievances under this Agreement.
593	593
594	594	f. All interim earnings will be deducted from any back pay award or settlement agreement
595	595	in accordance with Section 1149 of the District Personnel Manual. 13
596	596
597	597	ARTICLE VII: BULLETIN BOARDS
598	598
599	599	Section A:
600	600
601	601	Available space on existing Employer bulletin boards provided for employee information and
602	602	internal communications at the work locations where bargaining unit members are employed
603	603	may be used by the Union to post materials dealing with:
604	604
605	605	1. Recreational and social affairs of the Union
606	606
607	607	2. Union elections
608	608
609	609	3. Reports of the Union
610	610
611	611	4. Union meeting notices
612	612
613	613	Section B:
614	614
615	615	In the event Union requires more bulletin board space than can be furnished by Management,
616	616	upon the Parties mutual agreement, the Union may provide its own bulletin board for its
617	617	exclusive use in work areas as may be mutually agreed to by the Parties.
618	618
619	619	Section C:
620	620
621	621	Notices and announcements shall not contain anything political or of a libelous nature. The
622	622	Union President shall have the responsibility of posting materials on the bulletin board(s) and
623	623	for keeping such notices timely and in keeping with this Article. The Union President agrees to
624	624	immediately remove any material in violation of this Article.
625	625
626	626	Section D:
627	627
628	628	The Union President shall provide to the Director of Student Transportation or designee
629	629	courtesy copies of all materials posted at the time of posting.
630	630
631	631	14
632	632
633	633	ARTICLE VIII: SAFETY AND HEALTH
634	634
635	635	Section A:
636	636
637	637	The Employer agrees that it has the responsibility to provide a workplace free of hazards. And
638	638	the Union agrees and Employees understand they are responsible for performing their duties in
639	639	a safe manner.
640	640
641	641	Section B:
642	642
643	643	The Employer shall provide and maintain safe and healthful working conditions for all
644	644	employees as required by applicable laws. The Employer will make every effort to provide and
645	645	maintain safe working conditions. The Union will cooperate in these efforts by encouraging its
646	646	members to work in a safe manner and to obey established safety practices and regulations.
647	647
648	648	Section C:
649	649
650	650	The Parties will cooperate in keeping each other informed of unhealthful and unsafe conditions
651	651	in the workplace.
652	652
653	653	Section D: Corrective Actions
654	654
655	655	Employees must inspect the buses and complete the forms for Pre - and Post-Trip inspections
656	656	and highlight any safety concerns with assigned buses on either the Pre- and Post-Trip Forms. If
657	657	the highlighted safety issue i s minor and can be immediately remedied by a mechanic, the
658	658	assigned bus will remain with the employee. If the highlighted safety concern cannot be
659	659	remedied immediately to ensure the timely departure of the employee, another bus will be
660	660	reassigned to the employee and the bus will be taken out of service until cleared to return by a
661	661	mechanic.
662	662
663	663	Section E: Medical Services: On-the-Job Injury
664	664
665	665	The Division of Student Transportation shall make the first-aid kits reasonably available for use
666	666	in case of on-the-job injuries.
667	667
668	668	Section F: Infectious Diseases
669	669
670	670	The Employer shall provide sufficient personal protective equipment, hand sanitizer, hand-
671	671	washing stations, and other protective measures or equipment as may be necessary to
672	672	decrease the spread of infectious diseases. 15
673	673
674	674	ARTICLE IX UNION STEWARDS
675	675
676	676	Section A:
677	677
678	678	Union Stewards shall be designated by the Union and shall be recognized as employees'
679	679	representatives. The names of employees selected as Stewards who may represent bargaining
680	680	unit members shall be certified to the Division of Student Transportation by the Union annually
681	681	or whenever changes are made. The Union shall ensure that the certification to the Division of
682	682	Student Transportation of authorized Union Stewards is current at all times. Only those
683	683	Stewards who have been certified to the Division of Stud ent Transportation, in writing, shall be
684	684	recognized as Union stewards.
685	685
686	686	Section B:
687	687
688	688	The Union shall appoint and the Division of Transportation shall recognize one (1) Steward per
689	689	every eighty-five (85) bargaining unit members.
690	690
691	691	Section C:
692	692
693	693	A Steward shall be permitted to devote necessary time during the Steward’s working hours, at
694	694	the Steward’s then current rate of pay, for processing grievances at the Steward’s work site.
695	695	Should it be necessary for a Steward to leave the Steward’s work area, the Steward shall
696	696	request permission from the Steward’s immediate supervisor, which shall not be unreasonably
697	697	denied. Requests by stewards for permission to meet with employees and/or by employees to
698	698	meet with /stewards will not require prior explanation to the supervisor of the problem
699	699	involved other than to Identify the area to be visited and the general purpose of the visit, i.e.,
700	700	grievance investigation, labor- management meetings. negotiation sessions, etc . . . The Steward
701	701	shall report to the Steward’s immediate supervisor upon resuming work. It is agreed that time
702	702	spent in the processing of grievances shall be limited to a reasonable amount.
703	703
704	704	Section D:
705	705
706	706	One (1) Chief Steward shall be permitted to devote necessary time during the Chief Steward’s
707	707	working hours, at the Chief Steward’s then current rate of pay, for processing grievances.
708	708	Should it be necessary for the Chief Steward to leave the Chief Steward’s work site, t he Chief
709	709	Steward shall request permission from the Chief Steward’s supervisor and from the supervisor
710	710	of the employee(s) the Chief Steward intends to visit. Such a request shall not be unreasonably
711	711	denied. The Chief Steward shall report to the Chief Steward’s immediate supervisor upon
712	712	returning to the Chief Steward’s work area. It is agreed that time spent in the processing of
713	713	grievances shall be limited to a reasonable amount.
714	714
715	715	Section E:
716	716	16
717	717
718	718	Requests by union officials for official time to perform representation functions (which does not
719	719	include work on internal Union business) shall be made on the “Official Time Report” and such
720	720	requests shall not be unreasonably denied. In the event that management does not grant a
721	721	request to release a Steward from his or route in order to address a grievance, then
722	722	management shall extend in writing any relevant deadline by a duration commensurate with
723	723	the delay.
724	724	17
725	725
726	726
727	727
728	728	Union Representative:
729	729
730	730	Union / Position:
731	731
732	732	Date
733	733	Requested Time
734	734	From To
735	735	Activity Supervisor Approval
736	736
737	737
738	738
739	739
740	740
741	741
742	742
743	743
744	744
745	745
746	746
747	747
748	748	Representational Function of Official Time (Activity)
749	749	1 Attendance at board or other committee meetings
750	750	2 Attendance at meetings between the Agency and Union
751	751	3 Labor Negotiations
752	752	4 Disciplinary or adverse action meetings, if union is designated as employee representative
753	753	5 Attendance at an examination of an employee who reasonably believe s s/he may be the subject
754	754	of a disciplinary or adverse action and the employee has requested representation
755	755	6 Contacts between employee representatives and employees provided for in the negotiated
756	756	grievance procedure;
757	757	7 Representation before the PERB, OEA, OHR, or other jurisdiction
758	758	8 Grievance meetings and arbitration hearings
759	759	9 Attendance at Agency recognized/sponsored activities to which the Union has been invited
760	760	18
761	761
762	762	ARTICLE X: UNION ACTIVITIES
763	763
764	764	Section A:
765	765
766	766	Whenever members of the bargaining units are mutually scheduled by the parties to partici-
767	767	pate, during work hours, in conferences or meetings at the administrative offices, they shall
768	768	suffer no loss in pay. Sufficient notice shall be given to the Division of Stude nt Transportation by
769	769	the employees involved.
770	770
771	771	Section B:
772	772
773	773	Accredited representatives of the American Federation of State, County, and Municipal
774	774	Employees, whether local Union representatives, District Council representatives, or
775	775	International representatives, who have been certified to the Division of Student
776	776	Transportation in writing, shall be allowed at terminal locations during the non-work periods of
777	777	employees covered by this Agreement to discuss Union business relative to the terms and
778	778	conditions of this Agreement with the employees. Any Union representatives desiring to visit
779	779	property terminal locations shall first secure permission in advance from the terminal manager
780	780	in charge and shall advise him/her of the general reason for such visit. Employees shall not be
781	781	hindered from fulfilling their work assignments.
782	782
783	783	Section C:
784	784
785	785	The Union shall be afforded the same rights and privileges as accorded other labor and profes-
786	786	sional organizations in the use of terminal locations for meetings of the Union during non-
787	787	working hours. Expenses incident to these meetings, other than those normally a part of the
788	788	terminal operations, shall be borne by the Union.
789	789
790	790	Section D:
791	791
792	792	New Employee Orientations - The Union shall have the opportunity to attend new employee
793	793	orientation sessions conducted by the Agency.
794	794
795	795	ARTICLE XI: ADMINISTRATIVE CLOSING AND INCLEMENT WEATHER
796	796	WORK
797	797	Section A:
798	798	1. Employees designated as “Essential Employees” are those whose work in critical
799	799	District government operations that cannot be suspended or interrupted, even in
800	800	the event of declared emergencies. “Essential Employees” must report to work as
801	801	scheduled even when the government is administratively closed, during
802	802	emergencies or other government closing. Once an employee has been notified by 19
803	803
804	804	his/her employing agency that his/her position is designated as “Essential” no
805	805	further notice is required as long as the employee continues to occupy the position
806	806	designated “Essential”.
807	807	2. Employees designated “Emergency Employees” are those who support certain
808	808	critical government operations and functions necessary for the continuity of
809	809	operations, including during declared emergencies. “Emergency Employees” may be
810	810	required to work when a situation or condition occurs and results in early dismissal
811	811	for other employees, government closing or during other emergencies. Once an
812	812	employee has been notified by his/her employing agency that his/her position is
813	813	designated as “Emergency”, the designation will remain in effect until the
814	814	designation is terminated in writing.
815	815	3. As applicable, employees required to work when all other District Government
816	816	employees are released for administrative closings, shall be compensated in
817	817	accordance with the minimum standards established by the Fair Labor Standards
818	818	Act, (FLSA), 29 U.S.C. § 2011, et seq.
819	819	4. As applicable, employees required to work when all other District Government
820	820	employees are released as a result of an administrative closing shall be
821	821	compensated, in addition to their regular pay, one hour for each hour worked during
822	822	the administrative closing.
823	823	Section B:
824	824
825	825	The determination as to whether the employee receives overtime or compensatory time will be
826	826	at the employee’s election which shall be made before the work is performed. When elected,
827	827	employees required to work when all other District Government employees are released for
828	828	administrative closing shall earn compensatory time on an hour for hour basis.
829	829	ARTICLE XII: WORK FORCE CHANGES
830	830
831	831	Section A: Involuntary
832	832
833	833	An employee who is involuntarily transferred shall be given at least ten (10) work days
834	834	advance notice, except when exigent circumstances require a transfer to be made in less
835	835	than ten (10) work days, in which case the notice shall be given as soon as possible. The
836	836	notice of transfer shall contain the reason(s) therefore.
837	837
838	838
839	839	Section B: Vacancies
840	840
841	841	1. Whenever a job vacancy occurs other than a temporary vacancy as defined in
842	842	this Article, notice of such vacancy, setting forth the grade level, application pro- 20
843	843
844	844	cedures, and the deadline date for submission of applications, will be avail able
845	845	for a period of ten (10) calendar days from the Division of Transportation, and a
846	846	copy of such notice shall be given to the Union, via electronic mail, to the email
847	847	address provided by the Union to the Agency for receipt of information under
848	848	this Agreement. As changes to the Union’s contact information occur they shall
849	849	be forwarded by Local 1959 to the OLRCB and the Agency.
850	850
851	851	2. All qualified applicant(s) shall be notified in writing of their non-selection.
852	852
853	853	Section C: Voluntary Transfer
854	854
855	855	When there is a vacancy to be filled, first consideration will be given to present swing drivers.
856	856
857	857	If two similarly situated employees wish to swap routes or assignments within the same yard or
858	858	between yards, such swaps or reassignment s shall be effectuated by mutual agreement among
859	859	the employees and approved by management at the yard or yards.
860	860
861	861	Voluntary transfers effectuated under this article are not subject to the seniority provisions of
862	862	the Agreement. Bargaining unit employees who may have more seniority cannot grieve a
863	863	voluntary transfer effectuated under this article.
864	864
865	865	ARTICLE XIII: WORK SCHEDULING
866	866
867	867	Section A:
868	868
869	869	The work week shall consist of five (5) days, normally Monday through Friday inclusive. The
870	870	Division of Student Transportation agrees that prior to implementing any proposed permanent
871	871	changes in the work schedules of an entire classification of employees covered by this
872	872	Agreement, the Union shall receive at least ten (10) days advance notice of such proposed work
873	873	schedule change, except in cases of emergencies, in which cases the Union will be notified as
874	874	soon as possible. Notification shall explain the reason for such change.
875	875
876	876	Section B:
877	877
878	878	The Parties understand that OSSE does not have control over the start and end time of schools.
879	879	As a result, this provision shall not be strictly applied to changes in employees start and end
880	880	times resulting from changes in the start and end times of the school day, imposed by a
881	881	particular school.
882	882
883	883	Section C:
884	884
885	885	Employees shall work overtime as may be requested except in cases of personal emergency.
886	886	Overtime shall be distributed consistent with the Article XXIII. 21
887	887
888	888
889	889	Section D:
890	890
891	891	Time and one-half the employee’s regular hourly rate of pay shall be paid for all work
892	892	performed in excess of eight hours in any work day or forty (40) work hours in any work week.
893	893
894	894	Section E:
895	895
896	896	This Article shall not be construed as a guarantee of any number of hours per day or per week;
897	897	however, to the extent possible, a full day’s work will be provided.
898	898
899	899	ARTICLE XIV: NO STRIKES/NO LOCK-OUTS
900	900
901	901	Section A:
902	902
903	903	It is illegal for any District Government employee to strike, therefore, the Union shall not cause
904	904	or engage in, support, encourage or authorize any employee covered by this Agreement to
905	905	participate in any cessation of work through slowdowns, strikes, work stoppage or otherwise.
906	906	Nor will the Division of Student Transportation engage in any lock-outs against any employee
907	907	covered by this Agreement.
908	908
909	909	Section B:
910	910
911	911	Where a strike, slowdown or stoppage of work occurs, the Union's agents shall immediately
912	912	take reasonable affirmative action to guard against and curtail any such strike, work stoppage
913	913	or slowdown and shall order the Union's members to terminate such action. Any failure by the
914	914	Union or its agents to take such action shall constitute a violation of this Article.
915	915
916	916	Section C:
917	917
918	918	If the Union has authorized, sanctioned, caused or counseled its members or any of the
919	919	employees in the bargaining unit to strike, to directly or indirectly commit any concerted acts of
920	920	work stoppage, slowdown, or mass absenteeism, or to refuse to faithfully and properly perform
921	921	in whole or in part any customarily assigned duties for the Division of Student Transportation
922	922	then the Union shall be liable to the Division of Student Transportation for damages.
923	923
924	924	Section D:
925	925
926	926	Any employee who participates in, supports, or encourages any slowdown, strike or work stop-
927	927	page shall be subject to the provisions existing in law governing the behavior of employees
928	928	engaged in a slowdown, strike or work stoppage.
929	929	22
930	930
931	931	ARTICLE XV: MATTERS NOT COVERED
932	932
933	933	Section A:
934	934
935	935	The Employer and Union acknowledge that during the negotiations which resulted in this
936	936	Agreement each had the unlimited right and opportunity to make demands and submit
937	937	proposals with respect to any subject or matter not prohibited by law from the area of collec-
938	938	tive bargaining, and that all of the agreements arrived at by the parties after the exercise of
939	939	that right and opportunity are set forth in this Agreement.
940	940
941	941	Section B:
942	942
943	943	The parties agree that, by mutual consent, they will consult and negotiate on matters not
944	944	covered by this Agreement which are proper subjects for collective bargaining.
945	945
946	946	ARTICLE XVI: LEAVE
947	947
948	948	Section A: Annual Leave
949	949
950	950	1. Employees shall be eligible for paid annual leave after ninety (90) days of service
951	951	with the District Government. All employees shall earn annual leave at the rate
952	952	of:
953	953
954	954	a. Less than three (3) full-time-equivalent years of service: One (1) hour
955	955	annual leave earned for every twenty (20) hours of work;
956	956
957	957	b. Three (3) years full-time-equivalent years of service but fewer than
958	958	fifteen (15) full-time-equivalent years of service: One and one half (1 and
959	959	1/2) hours annual leave earned for every twenty (20) hours of work;
960	960
961	961	c. Fifteen (15) or more full- time-equivalent years of service: Two (2) hours
962	962	annual leave earned for every twenty (20) hours of work.
963	963
964	964	2. Requests for annual leave shall be submitted by the employee, on a form
965	965	provided by the Employer, to the employee's imme diate supervisor (Supervisory
966	966	Terminal Management Specialist). The Supervisory Terminal Management
967	967	Specialist shall approve or disapprove, pursuant to Section C. of this Article, prior
968	968	to the date such leave is to begin.
969	969
970	970	3. The rate of annual leave pay shall be the employee's regular straight time rate of
971	971	pay at the time the leave is earned.
972	972	23
973	973
974	974	Section B: Sick Leave
975	975
976	976	1. All employees shall earn sick leave at a rate of one (1) hour of sick leave for every
977	977	twenty (20) hours of work.
978	978
979	979	2. Employees may use sick leave for any legal purpose set forth in the District of
980	980	Columbia Sick and Safe Leave Act or other applicable local or federal law. Except
981	981	in cases of emergency, an employee who is unable to report to work and who
982	982	fails to notify the Employer prior to the start of his or her schedule may be
983	983	subject to discipline.
984	984
985	985	3. If an emergency prevents the employee from making prior notification to the
986	986	Employer of the need to use paid sick leave, the Employer shall be notified prior
987	987	to the start of the next work shift or within 24 hours of the onset of the
988	988	emergency, whichever occurs sooner.
989	989
990	990	4. The Employer may require that a request for the granting of paid leave for three
991	991	(3) or more consecutive days be supported by a reasonable certification of the
992	992	reason given by the employee for requesting the paid leave.
993	993
994	994	A reasonable certification may include:
995	995
996	996	(a) A signed document from a health care provider affirming the illness of
997	997	the employee or the employee’s family member;
998	998
999	999	(b) A police report indicating that the employee or the employee’s family
1000	1000	member was the victim of stalking, domestic violence, or sexual abuse;
1001	1001
1002	1002	(c) A court order indicating that the employee or employee’s family member
1003	1003	was the victim of stalking, domestic violence, or sexual abuse;
1004	1004
1005	1005	(d) A signed written statement from a victim and witness advocate affirming
1006	1006	that the employee or employee’s family member is involved in legal action or
1007	1007	proceedings related to stalking, domestic violence, or sexual abuse. The signed
1008	1008	statement shall include only the name of the employee or employee’s family
1009	1009	member who is a victim and the date on which services were sought; or
1010	1010
1011	1011	(e) A signed written statement from a victim and witness advocate, or
1012	1012	domestic violence counselor affirming the employee or employee’s family
1013	1013	member sought services to enhance the physical, psychological, economic health
1014	1014	or safety of the employee or employee’s family member.
1015	1015
1016	1016	If the Employer requires certification, the certification shall be provided upon the 24
1017	1017
1018	1018	employee’s return to work or within one business day thereafter. The medical
1019	1019	certification must release the employee back to full duty without restriction.
1020	1020
1021	1021	Section C: Procedures for Using Sick Leave
1022	1022
1023	1023	1. Sick leave requests must be approved by an employee's Supervisory Terminal
1024	1024	Management Specialist. Requests for sick leave that are disapproved because
1025	1025	the employee does not have sufficient leave will generally result in leave without
1026	1026	pay (LWOP). Failure to follow this procedure to request sick leave may result in
1027	1027	disciplinary action.
1028	1028
1029	1029	2. Advance Written Leave Requests: Requests for sick leave to cover scheduled
1030	1030	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
1031	1031	foreseeable absences that are submitted fewer than seven (7) days in advance or
1032	1032	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.
1033	1033	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
1034	1034	the end of the same day. Leave slips submitted after 9:00 a.m. will be returned
1035	1035	either approved or denied the following day.
1036	1036
1037	1037	3. Call-in Requests for Unplanned and Unforeseeable Sick Leave: An employee with
1038	1038	an unplanned and unanticipated need to take sick leave must call in a request for
1039	1039	sick leave. The request must be made as soon as possible and preferably no later
1040	1040	than two (2) hours prior to the start of the employee’s tour of duty. The
1041	1041	employee must call the work status line for the employee’s respective work
1042	1042	location:
1043	1043
1044	1044	25
1045	1045
1046	1046
1047	1047	New York Avenue Terminal Work Status Line — (202) 478- 5980
1048	1048	Adams Place Terminal Work Status Line — (202) 478- 5970
1049	1049	Southwest Terminal Work Status Line — (202) 719- 6640
1050	1050	5
1051	1051	th
1052	1052	Street Terminal Work Status Line — (202) 478- 5910
1053	1053
1054	1054	An employee who is granted such unplanned and unforeseeable sick leave will
1055	1055	need to submit a leave request when he or she returns to work.
1056	1056
1057	1057	4. Original copies of all required medical documentation must be provided.
1058	1058	Photocopies will not be accepted.
1059	1059
1060	1060	5. Employees who are absent and on sick leave for extended periods of time (more
1061	1061	than three days) may be required to provide the Employer with periodic reports
1062	1062	on their status and intent to return to work, with appropriate medical
1063	1063	documentation.
1064	1064
1065	1065	6. Failure to produce the requested documentation or to provide proper notice as
1066	1066	set forth in this Article may result in discipline and/or the denial of an
1067	1067	employee's request for leave. Accrued sick leave cannot be used for vacation
1068	1068	purposes.
1069	1069
1070	1070	7. Suspected Abuse of Sick Leave: A certification will be required for any sick leave
1071	1071	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.
1072	1072
1073	1073	8. Leave Restriction: Where management has given written notice to an employee
1074	1074	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
1075	1075	in sick leave usage after 90 calendar days of leave restriction, the leave restric-
1076	1076	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
1077	1077	calendar days. Nothing in this section shall prevent the Employer from taking
1078	1078	disciplinary action against an employee who is found to have abused the sick leave system. Supervisors who otherwise suspect fraudulent use of sick leave
1079	1079	may also require the employee to provide appropriate medical documentation. Factors which may provide the Employer with good reason to believe the
1080	1080	employee has abused the sick leave privilege include, but are not limited to:
1081	1081	26
1082	1082
1083	1083	a. The employee's failure to return for his p.m. assignment on payday or on
1084	1084	the Monday following payday;
1085	1085
1086	1086	b. An attempt to call in and take sick leave on the date of a medical
1087	1087	appointment;
1088	1088
1089	1089	c. An attempt to take sick leave without providing notice and securing
1090	1090	approval as appropriate;
1091	1091
1092	1092	d. An attempt to take sick leave immediately following a vacation day or
1093	1093	weekend;
1094	1094
1095	1095	e. Repeated absences from duty without permission and without
1096	1096	reasonable cause;
1097	1097
1098	1098	f. Excessive tardiness;
1099	1099
1100	1100	g. Any unexcused leave without pay (LWOP);
1101	1101
1102	1102	h. Excessive Absenteeism.
1103	1103
1104	1104	Section D: Sick Leave Incentive Program
1105	1105
1106	1106	1. In order to recognize an employee’s productivity through his/her responsible use of
1107	1107	accrued sick leave, the Employer agrees to provide time off in accordance with the
1108	1108	following:
1109	1109
1110	1110	a. Any bargaining unit member/employee who is in a pay status for the leave
1111	1111	year shall accrue annually:
1112	1112
1113	1113	i. Three (3) days off for utilizing a total of no more than two (2) days of
1114	1114	accrued sick leave.
1115	1115
1116	1116	ii. Two (2) days off for utilizing a total of more than two (2) but not more
1117	1117	than four (4) days of accrued sick leave.
1118	1118
1119	1119	iii. One (1) day off for utilizing a total of more than four (4) but not more
1120	1120	than five (5) days of accrued sick leave.
1121	1121
1122	1122	2. Employees in a non-pay status for no more than two (2) pay periods for the leave
1123	1123	year shall remain eligible for incentive days under this article. Sick leave for
1124	1124	maternity or catastrophic illness/injury, not to exceed two (2) consecutive pay
1125	1125	periods, shall not be counted against sick leave when calculating eligibility for sick
1126	1126	leave incentive leave under this article. 27
1127	1127
1128	1128
1129	1129	3. Time off pursuant to a sick leave incentive award shall be selected by the employee
1130	1130	and required at least three (3) full workdays in advance of the leave date. Requests
1131	1131	for time off pursuant to an incentive award shall be given priority consideration and
1132	1132	the employee’s supervisor shall approve such requests for time off unless staffing
1133	1133	needs or workload considerations dictate otherwise. If the request is denied, the
1134	1134	employee shall request and be granted a different day off within one month of the
1135	1135	date the employee initially requested. Request for time off shall be made on the
1136	1136	standard “Application for Leave” form.
1137	1137
1138	1138	4. All incentive days must be used in full work day increments following the leave year
1139	1139	in which they were earned. The Employer will notify the employee of their sick
1140	1140	leave incentive day(s) no later than March of each year. Incentive days may not be
1141	1141	substituted for any other type of absence from duty. There shall be no carryover or
1142	1142	payment for any unused incentive days.
1143	1143
1144	1144	Section E: Leave Without Pay
1145	1145
1146	1146	Any request for leave without pay shall be submitted in writing (on a form to be provided by
1147	1147	the Employer) by the employee to the employee’s immediate supervisor. The request shall
1148	1148	state the reason for the request and the length of time the employee desires.
1149	1149
1150	1150	Section F: Union Business
1151	1151
1152	1152	Employees elected to any Union office or selected by the Union to do work which takes them
1153	1153	from their employment with the Employer may, upon reasonable notice to the Director of
1154	1154	Student Transportation, be granted a leave of absence without pay not to exceed a period of
1155	1155	one (1) year.
1156	1156
1157	1157	Section G: Education
1158	1158
1159	1159	1. Any employee after being scheduled for two thousand (2,000) hours, upon written
1160	1160	request, may be granted a leave of absence without pay for up to but not to exceed
1161	1161	a period of one (1) year for educational purposes.
1162	1162
1163	1163	2. Such written requests shall include a plan of the educational work to be undertaken
1164	1164	during the period of such leave absence and shall be subject to approval by the
1165	1165	Director of Student Transportation.
1166	1166
1167	1167	28
1168	1168
1169	1169	Section H: Family Medical Leave Act
1170	1170
1171	1171	The Employer shall comply with and provide benefits to the bargaining unit employees as
1172	1172	provided in the D.C. and federal Family Medical Leave Act, or as subsequently amended, and as
1173	1173	provided in the District’s Paid Family Leave Program.
1174	1174
1175	1175	Section I: Jury Duty
1176	1176
1177	1177	1. Employees shall be granted a leave of absence with pay when they are required
1178	1178	to report for jury duty or to appear in court as a subpoenaed witness, in their
1179	1179	official capacity, on behalf of the Federal, State or Municipal Governments. An
1180	1180	employee upon receipt of the employee’s first notice concerning possible jury
1181	1181	duty shall within two (2) work days of the employee’s receipt of the summons
1182	1182	present the notification to the employee’s immediate supervisor.
1183	1183
1184	1184	2. If an employee is excused from jury duty for a half day or more, he/she shall
1185	1185	report to the place of employment.
1186	1186
1187	1187	3. Any pay received for services as a witness, other than expenses, shall be handled
1188	1188	in accordance with applicable policy or law.
1189	1189
1190	1190	Section J: Voting Time
1191	1191
1192	1192	Employees eligible to vote may be granted a leave, without loss of pay, for the purpose of
1193	1193	voting in any election or referendum on a civic matter in his or her community. Where the polls
1194	1194	are not open at least three (3) hours either before or after an employee's regular hours of work,
1195	1195	the employee may be granted an amount of excused lea ve which will permit the employee to
1196	1196	report for work three (3) hours after the polls open or leave work three (3) hours before the
1197	1197	polls close, whichever requires the lesser amount of time off.
1198	1198
1199	1199	Section K: Civic Duty
1200	1200
1201	1201	Employees required to appear before a court or other public body on any matter in which they
1202	1202	are not personally involved shall be granted a leave of absence with pay unless paid leave is
1203	1203	prohibited by Federal or District Regulations or Statutes.
1204	1204
1205	1205	Section L: Holidays Recognized And Observed
1206	1206
1207	1207	1. The District of Columbia Government observes the below listed holidays which are set
1208	1208	forth in Section 1-612.02 of the D.C. Code.
1209	1209
1210	1210	New Year's Day
1211	1211	Martin Luther King's Birthday
1212	1212	Washington's Birthday 29
1213	1213
1214	1214	Emancipation Day
1215	1215	Memorial Day
1216	1216	Juneteenth
1217	1217	Independence Day
1218	1218	Labor Day
1219	1219	Indigenous Peoples’ Day
1220	1220	Veteran's Day
1221	1221	Thanksgiving Day
1222	1222	Christmas Day
1223	1223
1224	1224	2. The Employer shall also observe any other legal holidays declared by the District
1225	1225	Government. Whenever any of the holidays listed above shall fall on a Sunday, the
1226	1226	succeeding Monday shall be observed as the holiday.
1227	1227
1228	1228	3. Employees shall be eligible for holiday pay under the following conditions: If a holiday is
1229	1229	observed on an employee's scheduled day off or vacation, the employee shall not be
1230	1230	charged leave or lose pay for the un-worked holiday.
1231	1231
1232	1232	Section M: Holiday Pay
1233	1233
1234	1234	1. If an employee works on any of the holidays listed above, he shall be paid the
1235	1235	following in addition to his regular rate of pay.
1236	1236
1237	1237	a. For the first eight (8) hours, the rate of pay for each hour worked shall be
1238	1238	the same as his regular rate of pay.
1239	1239
1240	1240	b. For all hours in excess of eight (8) hours worked, the rate of pay shall be
1241	1241	one and one-half (1 1/2) times his regular hourly rate of pay.
1242	1242
1243	1243	Section N: Armed Forces
1244	1244
1245	1245	Employees serving as members or reserve members of the armed forces or the National Guard
1246	1246	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.
1247	1247	Code, and Chapter 12 of the District Personnel Manual.
1248	1248
1249	1249	Section O: Military Funeral Leave
1250	1250
1251	1251	An employee is entitled to not more than three (3) days of leave without loss of or reduction in
1252	1252	pay, leave or service to make arrangements for or attend the funeral or memorial service for an
1253	1253	immediate relative who died as a result of a wound, disease, or injury incurred while serving as
1254	1254	a member of the Armed Forces in a combat zone. 30
1255	1255
1256	1256
1257	1257	Section P: Leave To Attend Conferences
1258	1258
1259	1259	I. At the discretion of the Director of Student Transportation, up to three (3) days
1260	1260	of paid administrative leave per year, to attend conferences, workshops,
1261	1261	conventions, and seminars, which are beneficial to the Employer, may be
1262	1262	granted subject to continuity of operations. Requests for such leave shall be
1263	1263	made fifteen (15) working days in advance of the aforementioned functions. If
1264	1264	the request is denied, the employee shall be informed in writing of the reason(s)
1265	1265	for the denial.
1266	1266
1267	1267	2. Employees who are elected to represent the Union as voting delegates at the bi-
1268	1268	annual convention shall be granted annual leave to attend in their official
1269	1269	capacity.
1270	1270
1271	1271	Section Q: Bereavement
1272	1272
1273	1273	1. Four (4) days leave will be granted without loss of benefits and pay for the death of
1274	1274	immediate relative. For the purpose of this section “immediate relative” means an
1275	1275	individual who is related to an employee by blood, marriage, adoption, or domestic
1276	1276	partnership as father, mother, child, husband, wife, sister, brother, aunt, uncle,
1277	1277	grandparent, grandchild, or similar familial relationship; an individual for whom an
1278	1278	employee covered by this chapter is the legal guardian; or fiancé, fiancée, or domestic
1279	1279	partner of an employee (including a person identified by an employee as his/her
1280	1280	“domestic partner” as defined in D.C. Official Code §32 -701 (2001 edition,) and related
1281	1281	laws).
1282	1282
1283	1283	2. For purposes of certification of leave, employees shall provide a copy of the obituary or
1284	1284	death notice, a note from clergy or funeral professional or death certificate upon the
1285	1285	Employer’s request.
1286	1286
1287	1287	Section R: Absence Without Leave (AWOL)
1288	1288
1289	1289	1. "Absence without leave" (AWOL) includes:
1290	1290
1291	1291	a. Absence, regardless of notice, where leave is ultimately not approved;
1292	1292	and/or
1293	1293
1294	1294	b. Failure to report for work without notification ("No Call- No Show").
1295	1295
1296	1296	2. The Division will consider a ''No Call- No Show" to be a voluntary resignation and
1297	1297	will act in accordance with this belief based on this irresponsible act by the
1298	1298	employee. Moreover, any situation in which leave is ultimately denied and the
1299	1299	employee is considered AWOL may warrant immediate removal. 31
1300	1300
1301	1301
1302	1302	Section S: Personal Leave
1303	1303
1304	1304	One (1) day personal leave will be granted per year after completion of the probationary
1305	1305	period. The day will be selected by mutual agreement, and must be requested and approved in
1306	1306	advance, with due consideration given to workload requirements. The personal leave day will
1307	1307	not be cumulative from year to year; it must be used in the year it is granted.
1308	1308
1309	1309	ARTICLE XVII: COMPENSATION
1310	1310
1311	1311	Section A:
1312	1312
1313	1313	1. Fiscal Year 2021:
1314	1314
1315	1315	Effective the first day of the first full pay period beginning on or after October 1,
1316	1316	2020, the FY 2021 salary schedules of Motor Vehicle Operators and Attendants
1317	1317	employed in the bargaining unit as certified and assigned to AFSCME, District Council
1318	1318	20, Local 1959 by the Public E mployee Relations Board shall be adjusted to ma tch
1319	1319	the FY 2021 Compensation Units 1 and 2 rates for Grade 7 and Grade 3 the X07-
1320	1320	Maintenance, Trades, and Labor pay schedule.
1321	1321
1322	1322
1323	1323	2. Fiscal Year 2022:
1324	1324
1325	1325	In lieu of a wage increase for FY 2022, Motor Vehicle Operators and Attendants
1326	1326	employed in the bargaining unit as certified and assigned to AFSCME, District Council
1327	1327	20, Local 1959 by the Public Employee Relations Board will receive a three and
1328	1328	onehalf percent (3.5%) bonus payment. Bargaining unit employees actively on the
1329	1329	payroll as of October 1, 2021, shall receive a one-time payment that is equivalent of
1330	1330	3.5% of an employee’s annual base salary as of October 1, 2021.
1331	1331
1332	1332	The payment will be made no later than ninety (90) days after the implementation
1333	1333	of the wage increases for FY 2021.
1334	1334
1335	1335	3. Fiscal Year 2023:
1336	1336
1337	1337	Effective the first day of the first full pay period beginning on or after October 1,
1338	1338	2022, the FY 2023 salary schedules of Motor Vehicle Operators and attendants
1339	1339	employed in the bargaining units as certified and assigned to AFSCME, District 32
1340	1340
1341	1341	Council 20, Local 1959 by the Public E mployee Relations Board shall be adjusted
1342	1342	2.5%.
1343	1343
1344	1344	4. Fiscal Year 2024:
1345	1345
1346	1346	Effective the first day of the first full pay period beginning on or after October 1,
1347	1347	2023, the FY 2024 salary schedules of Motor Vehicle Operators and attendants
1348	1348	employed in the bargaining units as certified and assigned to AFSCME, District
1349	1349	Council 20, Local 1959 by the Public Employee Relations Board shall be adjusted
1350	1350	3.0%.
1351	1351
1352	1352
1353	1353
1354	1354	Section B:
1355	1355
1356	1356	Each Motor Vehicle Operator and Bus Attendant covered by this Agreement is guaranteed at
1357	1357	least seven (7.0) hours of work at the employee’s regular hourly rate for each regularly
1358	1358	scheduled shift.
1359	1359
1360	1360	Section C:
1361	1361
1362	1362	Employees permanently assigned to Fifth Street and trained for those duties shall receive a flat
1363	1363	rate premium of $1.00 per hour (depending on the step and grade) in addition to their regular
1364	1364	rate of pay.
1365	1365
1366	1366	Section D: Safe Driving (Drivers Only)
1367	1367
1368	1368	Employees will receive incentive pay if they have no preventable accidents in a calendar year
1369	1369	($200 per year).
1370	1370
1371	1371	Section E: Attendance
1372	1372
1373	1373	Employees will receive an incentive for each quarter worked (every 3 months) if they do not use
1374	1374	unscheduled leave in a 3-month period ($200 per qualifying quarter).
1375	1375	33
1376	1376
1377	1377	Section F: On-Time Arrival Bonus
1378	1378
1379	1379	Employees will receive an incentive if their route (permanent or swing) on-time arrival rate in a
1380	1380	quarter is 94% or above ($200 per qualifying quarter). The employee must meet the
1381	1381	requirements for the attendance incentive to qualify for this incentive.
1382	1382
1383	1383	Section G: Program Timeframe
1384	1384
1385	1385	Quarters will be measured in three month increments:
1386	1386
1387	1387	Quarter 1: October, November, December
1388	1388	Quarter 2: January, February, March
1389	1389	Quarter 3: April, May, June
1390	1390	Quarter 4: July, August, September, if applicable
1391	1391
1392	1392	Section H: Systems of Record
1393	1393
1394	1394	1. On-time arrivals are measured by the GPS device. “On-time” means arriving to
1395	1395	school no later than 10 minutes before the bell and no earlier than 30 minutes
1396	1396	before the bell. (Note: If a GPS reading is unavailable for a given day, the
1397	1397	dispatch log report will be used).
1398	1398
1399	1399	2. The Accident Review Board, which is made up of union representative and DOT
1400	1400	management and meets monthly, will determine whether an accident is
1401	1401	preventable or non-preventable.
1402	1402
1403	1403	3. PeopleSoft is the system of record for tracking unscheduled leave.
1404	1404
1405	1405	Section I: Holiday Pay
1406	1406
1407	1407	An employee who is required to work on a legal holiday falling within his or her regular basic
1408	1408	workweek, shall be paid at the rate of twice his or her regular basic rate of pay for not more
1409	1409	than eight (8) hours of such work.
1410	1410
1411	1411	ARTICLE XVIII: CONTRACTING OUT
1412	1412
1413	1413	In the event the Division of Student Transportation intends to contract out work normally
1414	1414	performed by employees covered by this Agreement, it shall do so in compliance with D.C.
1415	1415	Official Code § 2-352.05 and all other applicable laws.
1416	1416	34
1417	1417
1418	1418	ARTICLE XIX: OFFICIAL PERSONNEL FILES
1419	1419
1420	1420	Section A:
1421	1421
1422	1422	The Official Personnel Files of all employees in the bargaining unit covered by this Agreement
1423	1423	shall be maintained by the D.C. Office of Human Resources (DCHR) in accordance with DCHR
1424	1424	policies and procedures.
1425	1425
1426	1426	Section B:
1427	1427
1428	1428	In accordance with regulations and procedures issued by the DCHR, each employee shall have
1429	1429	the right to examine the contents of the employee’s official personnel file upon request,
1430	1430
1431	1431	Section C:
1432	1432
1433	1433	An employee shall have the right to answer any material filed in the employee’s official
1434	1434	personnel file and his answer shall be attached to the material to which it relates.
1435	1435
1436	1436	Section D:
1437	1437
1438	1438	An employee shall be permitted to reproduce or copy any material in the employee’s official
1439	1439	personnel file.
1440	1440
1441	1441	Section E:
1442	1442
1443	1443	An employee shall be notified of any confidential material which is placed in the employee’s
1444	1444	official personnel file.
1445	1445
1446	1446	Section F:
1447	1447
1448	1448	Upon written authorization by an employee, the Union representative may examine the
1449	1449	employee's official personnel file upon presentation of such authorization.
1450	1450
1451	1451
1452	1452	ARTICLE XX: DRUG FREE WORK ENVIRONMENT
1453	1453
1454	1454	The parties agree to follow procedures as required by the Federal Government related to drug
1455	1455	testing for commercial drivers and attendants. As the government agency responsible for
1456	1456	transporting students to and from school, it is incumbent upon the parties to maintain a drug-
1457	1457	free environment to the fullest extent permitted by law. Accordingly, all employees are hereby
1458	1458	formally advised that the possession, use, sale, and influence of illicit or controlled substances
1459	1459	35
1460	1460
1461	1461	or alcohol, not authorized by a physician, continues to be prohibited either on school premises,
1462	1462	at school related activities, on school property, or during off- duty hours where such off- duty
1463	1463	usage would affect the employee's or the agency's ability to perform effectively. In addition,
1464	1464	the Employer and the Union recognize that off-the-job use may signal a risk of use on the job.
1465	1465
1466	1466	ARTICLE XXI: DISCRIMINATION
1467	1467
1468	1468	Section A:
1469	1469
1470	1470	Neither the Employer nor the Union will discriminate in any way against any employee in
1471	1471	violation of applicable law.
1472	1472
1473	1473	Section B:
1474	1474
1475	1475	The Employer shall prohibit sexual harassment, hostile work environment(s) and shall prohibit
1476	1476	retaliation for filing complaints relating to such through the Equal Employment Opportunity
1477	1477	Program as approved by the District of Columbia Office of Human Rights.
1478	1478
1479	1479	Section C:
1480	1480
1481	1481	The Employer and the Union agree to the principle of “equal pay for equal work” and shall
1482	1482	jointly consider remedies for any violation of such.
1483	1483
1484	1484	ARTICLE XXII: SENIORITY
1485	1485
1486	1486	Section A:
1487	1487
1488	1488	Seniority shall be established based on Article II, Section D .
1489	1489
1490	1490	Section B:
1491	1491
1492	1492	Every six (6) months the Employer shall furnish the Union with a seniority list showing the
1493	1493	continuing service of each employee within the bargaining unit, including date of hire, work
1494	1494	location, job title classification, salary and grade.
1495	1495	36
1496	1496
1497	1497	Section C: Loss of seniority
1498	1498
1499	1499	An employee shall lose bargaining unit seniority upon a break in service. Discharge or
1500	1500	resignation shall constitute a break in service. Employees who are involuntarily laid off shall not
1501	1501	suffer a loss of seniority upon rehire.
1502	1502
1503	1503	Section D:
1504	1504
1505	1505	Paragraph C of this Article will be interpreted consistent with law.
1506	1506
1507	1507	Section E:
1508	1508
1509	1509	When bidding on routes at the beginning of the school year, employees' seniority within the
1510	1510	bargaining unit shall be the deciding factor applied in the distribution of routes/runs.
1511	1511
1512	1512	ARTICLE XXIII: OVERTIME
1513	1513
1514	1514	Section A:
1515	1515
1516	1516	Overtime shall be assigned on a voluntary basis. A sign-up sheet will be posted quarterly in the
1517	1517	employees’ trailer and monitored by the terminal manager (or designee). Overtime will be
1518	1518	offered based on availability at each terminal and based on seniority and sign up date. The
1519	1519	Overtime Schedule will be posted at each terminal at the beginning of every three months.
1520	1520	Employees are responsible to review the schedule and be available for their assignment
1521	1521	.
1522	1522
1523	1523	Section B:
1524	1524
1525	1525	In the event an employee fails to carry out their Overtime Assignment at any time within the
1526	1526	quarter and does not provide an approved leave request, they will lose their opportunity to be
1527	1527	re-assigned for the remainder of the quarter.
1528	1528
1529	1529	ARTICLE XXIV: CONFORMITY TO LAW - SAVINGS CLAUSE
1530	1530
1531	1531	Section A:
1532	1532
1533	1533	If any provision of this agreement is at any time contrary to law, then such provision shall not
1534	1534	be applicable or performed or enforced, and substitute language, if any, shall be negotiated
1535	1535	through appropriate consultation between the parties.
1536	1536
1537	1537	Section B:
1538	1538	37
1539	1539
1540	1540	In the event that any provision of this Agreement is at any time contrary to law, all other
1541	1541	provisions of this Agreement shall continue in effect.
1542	1542
1543	1543	ARTICLE XXV: COPIES OF THIS AGREEMENT
1544	1544
1545	1545	The Parties agree that copies of this Agreement shall be available at each terminal location and
1546	1546	in PDF format on the Employer’s website.
1547	1547
1548	1548	ARTICLE XXVI: OPTICAL AND DENTAL BENEFITS
1549	1549
1550	1550	1. Optical Plan: Effective the first pay period beginning after final approval of this
1551	1551	Agreement, and for the remainder of the period that this Agreement remains in effect,
1552	1552	the Employer agrees to provide the following amount for an optical insurance plan to be
1553	1553	contracted for by the Union:
1554	1554
1555	1555	Year Self-Coverage Self + Family
1556	1556	FY 2021 $12 bi-weekly $13 bi-weekly
1557	1557	FY 2022 $13 bi-weekly $15 bi-weekly
1558	1558	FY 2023 $14 bi-weekly $17 bi-weekly
1559	1559	FY 2024 $15 bi-weekly $19 bi-weekly
1560	1560	2. Dental Plan: Effective the first pay period beginning after final approval of this
1561	1561	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
1562	1562	contracted for by the Union:
1563	1563
1564	1564	Year Self-Coverage Self + Family
1565	1565	FY 2021 $14 bi-weekly $20 bi-weekly
1566	1566	FY 2022 $15 bi-weekly $22 bi-weekly
1567	1567	FY 2023 $16 bi-weekly $24 bi-weekly
1568	1568	FY 2024 $17 bi-weekly $26 bi-weekly
1569	1569	3. The Employer shall be held harmless for any liability based on the
1570	1570	implementation and administration of the plans. 4. The benefit providers shall be responsible for program administration and shall
1571	1571	bear all administrative costs.
1572	1572	5. The Employer shall not make dual premium payments for employees who are
1573	1573	married and are both in the bargaining units covered by this Agreement or are in 38
1574	1574
1575	1575	another bargaining unit within the District of Columbia Government covered by the
1576	1576	same benefit providers.
1577	1577
1578	1578	6. The plan shall be contracted for by the labor organization, subject to a compe-
1579	1579	titive bidding process where bidders are evaluated and selected by the Union. The
1580	1580	Union agrees to expand the scope of the competitive bidding process to include the
1581	1581	entire Metropolitan area. The Union agrees to document all activities in procuring plan
1582	1582	contracts, and shall disclose such documentation upon request by the Employer.
1583	1583
1584	1584	7. The plan providers shall be required to respond to reasonable requests for
1585	1585	information submitted by the Union and/or the Employer. The Union and the Employer
1586	1586	shall have the right to audit all financial records and any records which relate to the
1587	1587	expenditure of the employer-paid premiums or procurement of the plan provider
1588	1588	contracts. The Employer shall be permitted to recover any premiums that were
1589	1589	improperly paid, or that were paid for employees who were ineligible to receive
1590	1590	benefits.
1591	1591
1592	1592	ARTICLE XXVII: PRE-PAID LEGAL PLAN
1593	1593
1594	1594	Section A:
1595	1595
1596	1596	The Employer shall continue to make a monthly contribution as follows for each bargaining unit
1597	1597	member toward a pre-paid legal services plan:
1598	1598
1599	1599	Year Coverage
1600	1600	FY 2021 $18.25 monthly
1601	1601	FY 2022 $19.00 monthly
1602	1602	FY 2023 $20.00 monthly
1603	1603	FY 2024 $21.00 monthly
1604	1604	Section B:
1605	1605	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
1606	1606	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-
1607	1607	tion statistics to the Employer and the Union upon request for each year of the contract, and
1608	1608	that the benefit provider shall bear all administrative costs.
1609	1609	Section C:
1610	1610	39
1611	1611
1612	1612	The parties shall meet to develop procedures to implement the legal plan which shall be
1613	1613	binding upon the benefit provider. The procedures shall include an enrollment process.
1614	1614
1615	1615	Section D:
1616	1616
1617	1617	To be selected for a contract under this Article, the benefit provider must maintain an office in
1618	1618	the District of Columbia; be incorporated in the District and pay a franchise tax and other
1619	1619	applicable taxes; have service providers in the District; and maintain a District bank account.
1620	1620
1621	1621	40
1622	1622
1623	1623	ARTICLE XXVIII: METRO PASS
1624	1624
1625	1625	Beginning the first full pay period after October 1, 2021 , the Employer shall subsidize the cost of
1626	1626	monthly transit passes for personal use by employees by not less than one-hundred dollars
1627	1627	($100.00) per month for employees who purchase and use such passes to commute to and
1628	1628	from work. The Metro Transit benefit will roll over from month to month for employees who
1629	1629	access the benefit. Any benefit not accessed by the end of the calendar year will revert back to
1630	1630	the District of Columbia.
1631	1631
1632	1632
1633	1633	ARTICLE XXIX: DISABILITY COMPENSATION BENEFITS
1634	1634
1635	1635	Disability compensation will be administered in accordance with Section 1 -623.02 of the D.C.
1636	1636	Code.
1637	1637
1638	1638
1639	1639	ARTICLE XXX: VIOLENCE IN THE WORKPLACE
1640	1640
1641	1641	Section A:
1642	1642
1643	1643	The parties to the Agreement recognize the need to prevent and proscribe violence in the
1644	1644	workplace in order to preserve the health and safety of OSSE employees.
1645	1645
1646	1646	Section B:
1647	1647
1648	1648	Any effort to threaten or physically intimidate another employee by aggressive verbal
1649	1649	confrontation, cursing, physical gestures suggesting the potential for striking or similar actions
1650	1650	will be considered a violation of the Agreement's violence in the workplace proscription and
1651	1651	will not be tolerated.
1652	1652
1653	1653
1654	1654	41
1655	1655
1656	1656	ARTICLE XXXI: UNIFORMS
1657	1657	Section A:
1658	1658
1659	1659	The Employer shall provide such uniform, including protective clothing, clothing appropriate for
1660	1660	inclement weather in any season, including water resistant rain gear, or any type of pro tective
1661	1661	device that the Employer requires the employee to wear as a condition of employment. When
1662	1662	provided, uniforms must be worn while on duty. Closed- in-shoes, socks or stockings, sweaters,
1663	1663	and belts shall be furnished by the employee at his/her own expense.
1664	1664
1665	1665	Section B:
1666	1666
1667	1667	A Uniform Labor-Management Committee composed of equal numbers of labor and
1668	1668	management representatives shall determine the types of uniforms and equipment needed.
1669	1669
1670	1670	Section C:
1671	1671
1672	1672	Maintenance and safeguarding of uniforms is the responsibility of the individual employee.
1673	1673
1674	1674	Section D:
1675	1675
1676	1676	If an employee is pregnant and on active duty, the Employer shall make available suitable
1677	1677	uniform clothing, upon the employee's request.
1678	1678
1679	1679	Section E:
1680	1680
1681	1681	Discussion of uniforms and protective gear is an appropriate subject for labor management
1682	1682	discussions. At any time, the Union may submit in writing to management recommendation
1683	1683	regarding uniforms. Management agrees to meet with a representative of the Union to discuss
1684	1684	these recommendations.
1685	1685
1686	1686
1687	1687	ARTICLE XXXII: LABOR-MANAGEMENT PARTNERSHIP
1688	1688
1689	1689	The Union and the Employer enter into this Partnership Agreement in order to work jointly for
1690	1690	the continuous improvement of the transportation services, student achievement, working
1691	1691	conditions, job performance, organizational effectiveness, and operations efficiency. Both
1692	1692	parties to this Agreement recognize the importance of communication between themselves.
1693	1693	To this end, the Parties agree to establish a Labor Management Partnership Committee to
1694	1694	facilitate a cooperative approach to identifying issues of mutual interests, shared goals, and
1695	1695	common visions.
1696	1696	42
1697	1697
1698	1698	Section A:
1699	1699
1700	1700	The parties will work to improve the relationship between the Union and the Employer to
1701	1701	explore and develop work effectiveness. The parties agree to participate in joint training in
1702	1702	problem-solving, conflict resolution techniques, consensus building, interpersonal communi-
1703	1703	cation, and other related skills necessary to develop cooperative labor-management relations.
1704	1704	The parties agree to contact the Federal Mediation and Conciliation Service (“FMCS” annually
1705	1705	to request such training.
1706	1706
1707	1707	Section B:
1708	1708
1709	1709	It is agreed that the Labor Management Partnership Committee, including the Director of
1710	1710	Student Transportation, and the Union, including the President of the Union, shall meet every
1711	1711	month or as otherwise mutually agreed to by the Parties to further labor- management coop-
1712	1712	eration. In addition to the Director of Student Transportation and the Union President, both
1713	1713	Parties shall each designate four (4) employee members to serve on this Committee.
1714	1714
1715	1715	Section C:
1716	1716
1717	1717	The Parties agree to exchange agendas of topics to be discussed at least five (5) days in advance
1718	1718	of the date set for the meetings. If unusual circumstances or timeliness of events do not allow
1719	1719	for discussion of items on the agenda submitted in advance of the meeting, the issues thus
1720	1720	presented might either be discussed by both parties or tabled for later discussion by either
1721	1721	Party.
1722	1722
1723	1723	Section D:
1724	1724
1725	1725	The members of the Labor Management Partnership Committee appointed by the Union shall
1726	1726	be granted official time to attend the Labor Management Partnership Committee Meetings
1727	1727	when such meetings occur during the regular working hours of the employees.
1728	1728
1729	1729	Section E:
1730	1730
1731	1731	Minutes of the Labor Management Partnership Committee will be prepared by the Employer
1732	1732	and will be furnished to the Union ten (10) working days before the next Labor Management
1733	1733	Partnership Committee meeting.
1734	1734
1735	1735	Section F:
1736	1736
1737	1737	The Labor-Management Partnership Committee will develop a method by which it will measure
1738	1738	and monitor the effectiveness of the cooperation effort.
1739	1739	43
1740	1740
1741	1741	Section G:
1742	1742
1743	1743	It is understood that appeals or grievances of individual employees shall not be the subject of
1744	1744	discussion at Labor Management Partnership Meetings, nor shall the meetings be for any
1745	1745	purpose which would modify, add to or detract from the provisions of this Agreement.
1746	1746
1747	1747	Section H:
1748	1748
1749	1749	The Employer and the Union shall discuss the impact of personnel rules on employees at Labor
1750	1750	Management meetings. These discussions shall also include the method of communicating
1751	1751	such rules to the Union and employee(s).
1752	1752
1753	1753	ARTICLE XXXIII: LOCKERS
1754	1754
1755	1755	At such time as the Division of Student Transportation acquires additional space for
1756	1756	transportation facilities, or relocates the transportation facility, due consideration will be given
1757	1757	to providing lockers for appropriate transportation personnel. Should the Division of Student
1758	1758	Transportation decide not to provide lockers at that time, it shall state in writing to the Union
1759	1759	its rationale for making such a decision.
1760	1760
1761	1761	ARTICLE XXXIV: DISTRICT OF COLUMBIA NEGOTIATED EMPLOYEE
1762	1762	ASSISTANCE HOME PURCHASE PROGRAM
1763	1763
1764	1764	Employees covered by this Agreement are eligible to participate in the Negotiated Employee
1765	1765	Assistance Home Purchase Program provided for in the Compensation 1 & 2 Agreement.
1766	1766
1767	1767
1768	1768	44
1769	1769
1770	1770
1771	1771
1772	1772	ARTICLE XXXV: DRIVER/ATTENDANT RECOGNITIO N PROGRAM
1773	1773
1774	1774	The parties agree that the administration of the Driver/Attendant Recognition Program is a
1775	1775	proper subject for discussion at a Labor Management Partnership Committee meeting.
1776	1776	However, OSSE shall be responsible for determining the qualifications, categories, and number
1777	1777	of employees selected for employee recognition in the Program.
1778	1778
1779	1779
1780	1780	ARTICLE XXXVI: U.S. DEPARTMENT OF TRANSPORTATION
1781	1781	PHYSICALS
1782	1782
1783	1783	At least three months before the expiration of their Department of Transportation (DOT)
1784	1784	physical card, an employee on the inactive status shall, in writing (including email), notify the
1785	1785	Employer of the impending expiration and request that the Employer schedule the physical
1786	1786	examination required for renewal of the DOT physical card. The Employer agrees to continue its
1787	1787	practice of notifying active employees 45 days prior to the expiration of their DOT physical card
1788	1788	in order to coordinate scheduling of the necessary physical examination. Notwithstanding the
1789	1789	foregoing, it remains the employee’s responsibility to maintain a current DOT physical card.
1790	1790
1791	1791	45
1792	1792
1793	1793	ARTICLE XXX VIII: DURATION AND FINALITY OF AGREEMENT
1794	1794
1795	1795	Section A:
1796	1796
1797	1797	This Agreement is effective as of the date of District of Columbia City Council approval. If
1798	1798	certain provisions are found to be contrary to applicable law, the parties shall meet within
1799	1799	thirty (30) days to negotiate legally-constituted replacement article(s) for the offensive
1800	1800	provision(s). The Agreement shall remain in full force and effect during the period of
1801	1801	negotiations and until a new contract takes effect.
1802	1802
1803	1803	Section B:
1804	1804
1805	1805	The parties acknowledge that this agreement represents the result of negotiations during which
1806	1806	both parties had the unlimited right and opportunity to make demands and proposals with
1807	1807	respect to any mandatory negotiable subject matter.
1808	1808
1809	1809	Section C:
1810	1810
1811	1811	It is agreed that any request by either party for further negotiations due to changes in legisla-
1812	1812	tion, rules or regulations affecting any Article in this agreement shall be for the purpose of
1813	1813	amending, modifying or supplementing provisions agreed to and included in this Agreement. If
1814	1814	all parties mutually agree in writing during the term(s) of the Agreement that modification of
1815	1815	the Agreement is necessary, they may modify it.
1816	1816	46
1817	1817
1818	1818	FOR THE DISTRICT OF COLUMBIA FOR AFSCME, LOCAL 1959
1819	1819	GOVERNMENT
1820	1820
1821	1821
1822	1822	_______________________________ _________________________________
1823	1823	Christina Grant, State Superintendent Wayne Enoch, Executive Director
1824	1824	Office of the State Superintendent American Federation of State, County and
1825	1825	of Education Municipal Employees, Council 20
1826	1826
1827	1827
1828	1828	_______________________________ _________________________________
1829	1829	E. Lindsey Maxwell, II, Director Cory Upchurch, President AFSCME,
1830	1830	Office of Labor Relations and Local 1959
1831	1831	Collective Bargaining
1832	1832
1833	1833
1834	1834	________________________________ ____________________________________
1835	1835	Michael Riley, Director, Division of Brenda Zwack, Counsel, AFSCME,
1836	1836	Student Transportation, OSSE Local 1959
1837	1837
1838	1838
1839	1839
1840	1840	_________________________________ __________________________________
1841	1841	Michael Kentoff
1842	1842	Supervisory Attorney-Advisor, OLRCB
1843	1843
1844	1844
1845	1845	47
1846	1846
1847	1847	APPROVAL
1848	1848
1849	1849	This collective bargaining agreement between the District of Columbia Government, Division of
1850	1850	Student Transportation, Office of the State Superintendent of Education and American
1851	1851	Federation of State, County and Municipal Employees, Local 1959, dated ____________, has
1852	1852	been reviewed in accordance with Section 1-617.15 of the District of Columbia Official Code
1853	1853	(2016 Repl.) and is hereby approved on this ____ day of ___________, 20 23.
1854	1854
1855	1855
1856	1856
1857	1857	_________________________________
1858	1858	Muriel Bowser
1859	1859	Mayor Government of the District of Columbia
1860	1860	Office of the Chief Financial Officer
1861	1861
1862	1862	Glen Lee
1863	1863	Chief Financial Officer
1864	1864
1865	1865
1866	1866
1867	1867
1868	1868
1869	1869	1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476
1870	1870	www.cfo.dc.gov
1871	1871	MEMORANDUM
1872	1872
1873	1873	TO: The Honorable Phil Mendelson
1874	1874	Chairman, Council of the District of Columbia
1875	1875
1876	1876	FROM: Glen Lee
1877	1877	Chief Financial Officer
1878	1878
1879	1879	DATE: May 2, 2023
1880	1880
1881	1881	SUBJECT: Fiscal Impact Statement – Compensation and Working Conditions
1882	1882	Agreement between the Office of the State Superintendent of Education
1883	1883	and the American Federation of State, County and Municipal Employees
1884	1884	AFL-CIO, District Council 20, Local 1959 Approval Resolution of 2023
1885	1885
1886	1886	REFERENCE: Draft Resolution as provided to the Office of Revenue Analysis on April
1887	1887	24, 2023
1888	1888
1889	1889
1890	1890	Conclusion
1891	1891
1892	1892	Funds are sufficient in the fiscal year 2023 budget and proposed fiscal year 2024 through fiscal year
1893	1893	2027 budget and financial plan to implement the bill. The resolution will cost approximately $11.7
1894	1894	million in fiscal year 2023, $5.7 million in fiscal year 2024, and a total of $39.5 million from fiscal year
1895	1895	2023 through fiscal year 2027. Funding is available in the Workforce Investments account to cover
1896	1896	these costs.
1897	1897
1898	1898
1899	1899	Background
1900	1900
1901	1901	The resolution approves a compensation and working conditions agreement between the Student
1902	1902	Transportation Division of the Office of the State Superintendent of Education (OSSE) and its motor
1903	1903	vehicle operators and bus attendants. The agreement covers approximately 900 employees who are
1904	1904	employed part-time, with an average hourly rate of $25.20 and average annual earnings of
1905	1905	approximately $46,000. It is in effect from October 1, 2020 through September 30, 2024. The
1906	1906	agreement provides that pay rates shall be adjusted from the first pay period of fiscal year 2021 to
1907	1907	be equal to grade 3 (for bus attendants) or grade 7 (for motor vehicle operators) on the
1908	1908	Compensation Unit 1 and 2, X07 Maintenance, Trades, and Labor pay schedule. For fiscal year 2022
1909	1909	through fiscal year 2024, the agreement provides for the following pay increases and bonus
1910	1910	payments: The Honorable Phil Mendelson
1911	1911	FIS: “Compensation and Working Conditions Agreement between the Office of the State Superintendent of
1912	1912	Education and the American Federation of State, County and Municipal Employees AFL-CIO, District Council
1913	1913	20, Local 1959 Approval Resolution of 2023,” Draft Resolution as provided to the Office of Revenue Analysis
1914	1914	on April 24, 2023
1915	1915	Page 2 of 2
1916	1916	•In fiscal year 2022, a bonus payment of 3.5 percent;
1917	1917	•In fiscal year 2023, an increase in the salary schedule of 2.5 percent; and
1918	1918	•In fiscal year 2024, an increase in the salary schedule of 3.0 percent
1919	1919	In addition, the agreement provides for increased District contributions toward optical, dental and
1920	1920	pre-paid legal plans, and increases the contribution toward a Metro card from $50 monthly to $100
1921	1921	monthly.
1922	1922	All other compensation terms are unchanged from the prior agreement, and the agreement makes
1923	1923	minor and clarifying changes to working conditions.
1924	1924	Financial Plan Impact
1925	1925	Funds are sufficient in the fiscal year 2022 budget and approved fiscal year 2023 through fiscal year
1926	1926	2026 budget and financial plan to implement the resolution.
1927	1927	The resolution will cost approximately $11.7 million in fiscal year 2023, $5.7 million in fiscal year
1928	1928	2024, and a total of $39.5 million from fiscal year 2023 through fiscal year 2027. Funding is available
1929	1929	in the Workforce Investments account to cover these costs.
1930	1930	.
1931	1931	Cost of the FY 2021 - FY 2024 Compensation and Working Conditions Agreement between
1932	1932	OSSE and AFSCME Local 1959
1933	1933	(Dollars in thousands)
1934	1934	FY
1935	1935	2023
1936	1936	(a)
1937	1937	FY
1938	1938	2024
1939	1939	FY
1940	1940	2025
1941	1941	(b)
1942	1942	FY
1943	1943	2026
1944	1944	(b)
1945	1945	FY
1946	1946	2027
1947	1947	(b)
1948	1948	Five-Year
1949	1949	Total
1950	1950	Total Cost of Pay Scale
1951	1951	Adjustment, Increases and
1952	1952	FY 2022 bonus
1953	1953	(c)
1954	1954	$9,434 $4,870 $5,737 $6,618 $7,236 $33,894
1955	1955	Cost of Optical, Dental,
1956	1956	Legal Benefits and Metro
1957	1957	Increase
1958	1958	$2,220 $854 $854 $854 $854 $5,637
1959	1959	Total Cost $11,654 $5,724 $6,591 $7,472 $8,090 $39,531
1960	1960	Less: Funding Available in
1961	1961	Financial Plan
1962	1962	(d)
1963	1963	($0) ($0) ($696) ($1,403) ($2,122) ($4,221)
1964	1964	Cost to be Covered by
1965	1965	Workforce Investments
1966	1966	$11,654 $5,724 $5,895 $6,069 $5,968 $35,311
1967	1967	Table Notes:
1968	1968	(a) Includes retroactive adjustment to salary schedule to match Comp 1 and 2 X07, effective fiscal year 2021
1969	1969	and fiscal year 2022 bonus due.
1970	1970	(b) Assumes salaries increase by 1.7 percent.
1971	1971	(c) Includes fringe rate of 12.65 percent. One hundred percent of cost is Local Funds.
1972	1972	(d) Increases of 1.7 percent built into the financial plan costs for the agency are used toward the cost of the
1973	1973	agreement.