_______________________________________________________
1325 G Street, N.W., Suite 800 Washington, D.C., 20005
202-626-5100 * dcpsc.org
Emile C. Thompson
Chairman
September 20, 2023
The Honorable Phil Mendelson Chairman Council of the District of Columbia 1350 Pennsylvania Avenue, N.W., Suite 504 Washington, DC 20004
Dear Chairman Mendelson:
I am submitting for your consideration and approval the proposed resolution “Collective
Bargaining Agreement between the American Federation of Government Employees, Local
1403, Compensation Unit 34, and the Public Service Commission of the District of Columbia
Approval Resolution of 2023.” This Resolution provides for the approval of the Collective
Bargaining Agreement between the Public Service Commission of the District of Columbia and
the American Federal of Government Employees (“AFGE”), representing the attorney
employees in our Office of the General Counsel. The Collective Bargaining Agreement is
attached to this Resolution.
Along with the Collective Bargaining Agreement, I am providing: (1) a Statement of Legal
Sufficiency prepared by the Office of the Attorney General, and (2) a Fiscal Impact Statement
prepared by the Chief Financial Officer.
Considering the importance of this Collective Bargaining Agreement, I respectfully request that
the Resolution be placed on a fast track for review and consideration. I appreciate your attention
to this important Resolution. If you have any questions, please do not hesitate to contact me.
Respectfully submitted,
Emile C. Thompson Th
e Honorable Phil Mendelson
C
hairman, Council of the District of Columb ia
September 20
, 2023
Pag
e 2
Enclosures
cc: Muriel Bowser, Mayor
Kevin Donahue, City Administrator
Brian Schwalb, Attorney General
Betsy Cavendish, Office of the General Counsel
Tommy Wells, Office of Legislative and Policy Affairs
Kenyan McDuffie, Councilmember 1
2
3
4
5
6
7
8
9
10
11
12
A PROPOSED RESOLUTION
BY
~~
at the request of the
Public Service Commission
THE COUNCIL
OF THE DISTRICT OF COLUMBIA
13 To approve the Collective Bargaining Agreement submitted by the Public Service Commission
14 for employees represented by the American Federation of Government Employees, Local
15 1403, Compensation Unit 34.
16
17 RESOLVED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, that this
18 Resolution may be cited as the "Collective Bargaining Agreement between the American
19 Federation of Government Employees, Local 1403, Compensation Unit 34, and the Public
20 Service Commission
of the District of Columbia Approval Resolution of 2023."
21 Sec. 2. (a) Pursuant to Section 1717(i) of the District of Columbia Comprehensive Merit
22 Personnel Act
of 1978, effective March 2, 1979 (D.C. Law 2-139; D.C. Code§ 1-617.17(j) (2001
23 ed.), the Council
of the District of Columbia approves the attached Collective Bargaining
24 Agreement submitted to the Council by the Public Service Commission on
_______ _
25 (b) This resolution applies to attorney employees
of the Public Service Commission
26 Office
of the General Counsel.
27 (
c) The Collective Bargaining Agreement is attached to this Resolution.
28 Sec. 3. The Council adopts the Fiscal Impact Statement provided by the Chief Financial
29 Officer
as the fiscal impact statement required by Section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code § 1-206(c)(3) (2001 30
ed.)). 31
Sec. 4. The Secretary of the Council shall transmit a copy of this Resolution, upon its 32
adoption, to the Mayor, to the American Federation of Government Employees, Local 1403, 33
Compensation Unit 34, and to the Public Service Commission. 34
Sec. 5. This Resolution shall take effect immediately. 35 I
_______For Union ______For PSC
AGREEMENT BETWEEN
DISTRICT OF COLUMBIA PUBLIC SERVICE COMMISSION
AND
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
LOCAL 1403
FROM
OCTOBER 1, 2022 - SEPTEMBER 30, 2025
II
_______For Union ______For PSC
TABLE OF CONTENTS
ARTICLE 1 PREAMBLE .................................................................................................................... 1
ARTICLE 2 RECOGNITION ............................................................................................................. 2
ARTICLE 3 MANAGEMENT RIGHTS .......................................................................................... 3
ARTICLE 4
LABOR/MANAGEMENT RELATIONS .................................................................... 5
ARTICLE 5 ADMINISTRATION OF LEAVE ............................................................................... 6
ARTICLE 6 EMPLOYEE ASSISTANCE PROGRAM ................................................................. 7
ARTICLE 7 UNION STEWARDS/OFFICIAL TIME ....................................................................... 8
ARTICLE 8
UNION USE OF EMPLOYER FACILITIES AND SERVICES ............................. 12
ARTICLE 9 PERSONNEL FILES ..................................................................................................... 13
ARTICLE 10
JOB DESCRIPTIONS................................................................................................ 15
ARTICLE 11 SAVINGS CLAUSE .................................................................................................. 16
ARTICLE 12
INCLEMENT WEATHER CONDITIONS ............................................................. 17
ARTICLE 13 STRIKES AND LOCKOUTS ...................................................................................... 18
ARTICLE 14 CONTRACTING OUT ............................................................................................. 19
ARTICLE 15 UNION RIGHTS AND SECURITY ........................................................................... 20
ARTICLE 16 TERM EMPLOYEES ................................................................................................. 21
ARTICLE 17 DISCRIMINATION ..................................................................................................... 22
ARTICLE 18 SAFETY AND HEALTH ............................................................................................ 24
ARTICLE 19 INFORMATIONAL REPORTS ON EMPLOYEES ............................................ 26
ARTICLE 20 FITNESS FOR DUTY .................................................................................................. 27
ARTICLE 21
REDUCTION-IN-FORCE ......................................................................................... 28
ARTICLE 22 REQUESTS FOR INFORMATION ......................................................................... 29
ARTICLE 23
EMPLOYEE USE OF INFORMATION TECHNOLOGY ................................... 30
ARTICLE 24 TRAINING ................................................................................................................. 31
ARTICLE 25 EMPLOYEE RIGHTS .............................................................................................. 32
ARTICLE 26 FURLOUGHS ............................................................................................................ 33
ARTICLE 27 REASSIGNMENTS, PROMOTIONS, DETAILS ...................................................... 34
ARTICLE 28 TIMELY RECEIPT OF CORRECT PAY AND EXPENSE REIMBURSEMENTS 35
ARTICLE 29
TECHNOLOGIES ...................................................................................................... 37
ARTICLE 30 BENEFITS.................................................................................................................... 38
ARTICLE 3l GENERAL PROVISIONS ........................................................................................ 39
ART
ICLE 32 PANTRY/DINING AREA ........................................................................................... 40
ARTICLE 33 Flexitime/Flexiplace (Telework) (RESERVED) .......................................................... 41 III
_______For Union ______For PSC
ARTICLE 34 WAITING PERIODS FOR ADVANCEMENT WITHIN STEPS ............................. 42
ARTICLE 35
PARKING SPACES & REIMBURSEMENT .......................................................... 43
ARTICLE 36 GRIEVANCE/ARBITRATION .................................................................................. 44
ARTICLE 38 WAGES/PENSION ................................................................................................... 48
ARTICLE 39 COMPENSATORY TIME ...................................................................................... 49
ARTICLE 40 SICK LEAVE INCENTIVE PROGRAM .................................................................. 50
ARTICLE 41 MISCELLANEOUS .................................................................................................... 51
ARTICLE 42 REOPENER PROCEDURE ..................................................................................... 52
ARTICLE 43 DURATION .................................................................................................................. 53
ARTICLE 44 BAR DUES .................................................................... Error! Bookmark not defined.
1
_______For Union ______For PSC
ARTICLE 1 PREAMBLE
This Agreement is entered into between the District of Columbia (District) Public
Service Commission (PSC or the Commission) , and the American Federation of Government
Employees Local 1 403 (the Union) (or collectively, the Parties).
The purpose of this Agreement includes, but is not li mited to:
1. Promoting fair and reasonable working conditions;
2. Promoting harmonious labor relations between the Parties;
3. Establishing an equitable and orderly procedure for the resolution of Disputes;
4. Protecting the rights and interests of the employee, the Union and the
Commission; and
5. Promoting efficient operation of the Commission.
Each party affirms without reservation the contents of this Agreement. Now therefore,
in consideration of mutual covenants and promises contained herein, the Commission and the
Union do hereby agree as follows:
2
_______For Union ______For PSC
ARTICLE 2 RECOGNITION
Section 1 - Recognition
A.
AFGE Local 1403 is recognized a s the sole and exclusive collective bargaining
representative for the following bargaining unit:
All attorneys employed by the Office of the General Counsel of the Public
Service
Commission of the District of Columbia , excluding management
officials, supervisors, confidential employees, employees engaged in
personnel work in other than a purely clerical capacity and employees
engaged in administering the provisions of Title XVII of the District of
Columbia Comprehensive Merit Personnel Act of 1978, D.C. Law 2-139 .
PERB Cas No. 02-RC-04; Certification No. 124 (December 2, 2002).
B.
AFGE Local 1403 is recognized as the sole and exclusive collective bargaining
representative for the following compensation unit:
All attorneys employed by the Office of the General Counsel of the Public
Service Commission of the District of Columbia , who currently have their
compensation set in accordance with the District Service (DS) Schedule,
Series 905 and the DS Special Rate Schedule established pursuant to the
Legal Services Establishment Act of 1998; but excluding management
officials, supervisors, confidential employees, employees engaged in
personnel work in other than a purely clerical capacity and employees
engaged in administering the provisions of Title XVII of the District of
Columbia Comprehensive Merit Personnel Act of 1978. D.C. Law 2-139.
PERB Case No. 04-CU-05; Opinion No. 772 (January 19, 2005).
Section 2 - Coverage
As the sole and exclusive representative, the Union is entitled to act for and to
negotiate agreements covering all employees in the bargaining unit. It is responsible for
representing the interests of all employees in the bargaining unit without discrimination
as to membership.
Section 3 - Meetings
The Union shall be given the opportunity to be present at any meeting between the
Employer and employees in the bargaining unit concerning any personnel practice, any
grievance, and any investigatory interview which the employee reasonably believes may
result in disciplinary action against him/her.
3
_______For Union ______For PSC
ARTICLE 3 MANAGEMENT RIGHTS
Section 1 - Management Rights in Accordance with the Compr ehensive Merit Personnel Act
(CMPA)
D.C. Official Code § 1-617.08 establishes management rights as follows:
(a) The respective personnel authority (management) shall retain the sole right, within
applicable laws and rules and regulations:
(1) to direct employees of the agency;
(2) to hire, promote, transfer, assign, and retain employees in positions within the
agency and to suspend, demote, discharge, or take other disciplinary action
against employees for cause;
(3) to relieve employees of duties because of lack of work or other legitimate reasons;
(4) to maintain the efficiency of the District government operations entrusted to
them;
(5) to determine:
(A) the mission of the agency, its budget, its organization, the number of
employees, and to establish the tour of duty;
(B) the number, types, and grades of positions of employees assigned to an
agency's organizational unit, work project, or tour of duty;
(C) the technology of performing the agency's work; and
(D) the agency's internal security practices; and
(6) to take whatever actions may be necessary to carry out the mission of the District government in emergency situations.
Section 2 - No Waiver of Management Rights
An act, exercise, or agreement contained herein or between the parties shall not be
interpreted in any manner as a waiver of the sole management rights contained in Section 1,
above, pursuant to D.C. Official Code § 1-617.08(a -1). 4
_______For Union ______For PSC
Section 3 - I mpact of the Exercise of Management Rights
Management rights set forth in D.C. Official Code § 1-617.08 are not subject to
negotiations. However, in the course of the Employer’s exercise of such rights, the Union
may
request the opportunity to bargain implementation and effects, and the Employer will not
unreasonably deny such request, where there is an impact upon employees regarding terms
and conditions of employment or the Union may grieve a specific violation of a separate article
of this agreement.
5
_______For Union ______For PSC
ARTICLE 4 LABOR/MANAGEMENT RELATIONS
Section l - Labor-Management Cooperation/Partnership Committee
The parties agree to establish a structure for meaningful consultation and
communication. In furtherance of that goal, a Labor-Management Cooperation/Partnership
Committee will be established within 90 days of the execution of this contract and will be
constituted of equal number of Union and Employer representatives. All decisions must be
made by a consensus of the parties. It is understood that appeals or grievances shall not be the
subject of discussions at these meetings, nor shall the meetings be for any purpose, which will
modify, add to, or detract from the provisions of this Agreement.
Section 2 - Labor-Management Meetings
A.
In mutual recognition of the parties' joint desire to discuss and resolve matters
of concern at the lowest possible level, the Union steward and first-level supervisor should
meet periodically for the purpose of meaningful consultation and communication on the
problems and policies of the organization in their working unit, and if appropriate, the steward
may meet with supervisors of a higher level . Such meetings between supervisors and stewards
shall be on duty time, shall be brief, and shall cover matters of concern between them and
appropriate to their relationship.
B.
Appropriate Management and Union representatives shall meet at either party's
request to discuss problems covering the implementation of this Agreement. Each party shall
furnish the other with an itemized agenda setting forth the topics of discussion within a
reasonable time before the meeting.
Section 3 - Requests for Information
Upon request, the Employer will provide the Union information relevant and necessary
to the performance of the Union's duties as the exclusive bargaining representative, as long as
such requests are in accordance with 45 C.F.R. § 164.SIO(b), the Health Insurance Portability
and Accountability Act's (HIPAA) Privacy Rule.
6
_______For Union ______For PSC
ARTICLE 5 ADMINISTRATION OF LEAVE
The parties will adhere to all applicable laws and District Government-wide rules and
regulations in the administration of leave.
7
_______For Union ______For PSC
ARTICLE 6 EMPLOYEE ASSISTANCE PROGRAM
Section 1 - General
The parties recognize that alcoholism, drug abuse, and emotional and mental illness
are health problems that may affect job performance. To this end, the Employer will, at least
annually, make employees aware of the District's Employee Assistance Program (DPM
Chapter 20, Section 2010 , EAP) and available services provided under it.
Section 2 - Use of Sick Leave
Employees undergoing a prescribed program of treatment for alcoholism, drug abuse,
emotional illness, or mental illness will be allowed to use available sick leave for this purpose
on the same basis as any other illness when absence from work is medically necessary.
Section 3 - Relationship to Disciplinary and Adverse Actions
If an employee requests assistance and participates in the program, the responsible
supervisory official must weigh this fact in determining any appropriate disciplinary and
adverse action, and may postpone such action.
8
_______For Union ______For PSC
ARTICLE 7 UNION STEWARDS/OFFICIAL TIME
Section l - Nu mber of Stewards
The Union may designate at least one steward for this bargaining unit.
Section 2 - Designation of Representatives
A. Union Officers and Stewards: The Union agrees to provide the Commission with
a written list of its officers and stewards within two (2) workdays of the date of the Agreement
and within thirty (30) days after each general election.
B. Changes in the list will be submitted to the Employer's designated official(s) at
least two (2) workdays prior to the assumption of representational responsibilities by any new
officers, stewards or other representatives, except in the case of an emergency.
C. Non-recognition. The Employer will not recognize any official/representative
who is not listed as required or for whom notification was not provided in accordance with this
section.
D. Except where explicitly provi ded, this Agreement shall not be interpreted in
any manner which interferes with the Union's right to designate representatives of its own
choosing on any particular representational matter.
E. The Union will be notified prior to any change in tours of duty of duly appointed
stewards.
F. Management recognizes that the Union may designate employee members,
selected or appointed to a Union office or delegated to a Union function and agrees that, upon
request, the employee may be granted annual leave or leave without pay for a reasonable
period of time to be away from his/her job. The Employer shall retain the sole right to approve
or deny such requests. Requests for time off will be submitted as far in advance as possible,
but no less than five (5) working days prior to the day the leave is to begin. The Union steward
will be notified of a disapproval of leave in writing together with the Employer’s justification.
The Union steward also will be notified prior to the reorganization of tours of duty that would
affect the members of the Union.
G. Employees required to appear at meetings and conferences at the request of
Employer officials, or pursuant to a request from the D.C. Office of Personnel, a committee
of or at a public hearing of the D.C. Council, the Office of Personnel Management or the U.S.
Congress, shall not be charged annual leave for such purposes and shall be provided
administrative leave to the extent consistent with D.C. Code § 1-612.03 and other applicable
regulations. The employee receiving such a request shall promptly notify the appropriate
supervisor and, upon request, provide a copy of the request or other appropriate evidence of
the request.
9
_______For Union ______For PSC
Section 3 - Official Time for Representational Activity
A. Whenever possible, Union business shall be conducted on non- working time.
However, pursuant to the statutory rights and responsibilities of the Union to represent
bargaining unit employees, representatives of the Union may be granted reasonable amounts
of official
time to conduct representational functions in accordance with the provisions of this
Article.
B. For the purpose of this Article, "representational functions" means those
authorized activities undertaken by the Union on behalf of other employee or the Union. The
representational functions for which official time will be authorized shall be limited to the
following:
(a) Negotiations;
(b) Discussion between Employer representatives and employees concerning
personnel policies, practices, and matters affecting working conditions;
(c) Any appeal proceeding or other forum in which the Union is representing an
employee or the Union pursuant to its obligations under relevant contract
provisions;
(d) Grievance meetings;
(e) EEO complaint settlements and administrative and/or court hearings if a
complaint is processed under the negotiated grievance procedure, or if the
Union is representing the employee;
(f) A disciplinary or adverse action oral reply meeting, if the Union is designated
as representative of the employee;
(g) Attendance at an examination of an employee who reasonably believes he or
she may be the subject of a disciplinary or adverse action under Chapter 16 of
the DPM and the employee has requested representation;
(h) Informal consultation meetings between the Union and the Employer;
(i) Attendance at labor management partnership meetings or other cooperative
effort;
(j) Attendance at meetings of committees on which Union representatives are
authorized members by the Employer or this Agreement;
(k) Attendance at Employer recognized or sponsored activities to which the Union 10
_______For Union ______For PSC
has been invited;
(l) Attendance at training or other activities designed primarily to further the
interests of the Government by improving the Labor-Management relationship;
(m) Reasonable travel to any of the activities identified above; and
(n) For such other reasons for which the Employer approves official time to be used
for purposes related to the Union's representation of its members.
C. The Union shall be afforded thirty minutes for orientation within a reasonable
period of time of the new employee’ s report for duty.
D. Official time shall not include time spent on other activities including internal
Union business, such as:
(a)
Attending Local, Regional, or National Union meeting.
(b)
Soliciting members;
(c)
Collecting dues;
(d) Posting notices of Union meetings:
(e)
Carrying out elections;
(f)
Preparing and distributing internal Union newsletters or other such internal
documents;
(g)
Internal Union strategy sessions, except for representational functions; and
(h)
Training representational issues that are not joint labor-management training.
Section 4 - Requesting Official Time
A. Official time for Union representatives must be requested and approved in advance
except when circumstances do not allow for advance approval, such as for unscheduled
meetings called by management where the Union's attendance is requested; or representation
of employees in investigatory interviews that may result in discipline. The Union representative will request authorization from his or her supervisor. The Union will indicate
to the supervisor or designee on the leave request form attached hereto as Appendix A the
general nature of the representational activity he or she wishes to carry out and approximate
length of time he or she believes is required.
B. If a request for official time is denied, the manager or supervisor refusing such 11
_______For Union ______For PSC
permission shall give the reasons for refusal in writing to the individual who was so denied if
the individual makes such a request.
C. All affected employees (e.g., grievant , representatives, witnesses, and appellants,)
whose presence has been determined to be necessary at relevant proceedings (including
hearings, meetings arbitrations, oral replies, or other labor-management business) will receive
necessary official/duty time to travel to and from the proceedings.
Section 5 - Appendix A to Article 7
Public Service Commission Reporting and Request Form
Name:
Date:
Official Time Report/Request:
Time to be Spent on Labor-Management Issues:
Time Spent on Labor-Management Issues:
Category of Business:
Labor Issues
Meeting/Training Events
Disciplinary/Adverse Action/Grievance
Supervisor Approval (via email or signature)
12
_______For Union ______For PSC
ARTICLE 8 UNION USE OF EMPLOYER FACILITIES AND SERVICES
A. Upon request, the Union may have access to meeting space, if available, by
following established PSC procedures. Except as provided elsewhere in this Agreement, the
Union shall hold meetings during the non- work time of employees attending the meetings.
The Union will be responsible for maintaining decorum at meetings on the Employer's premises
and for restoring the space to the same condition to which it existed prior to the meetings.
B. Employer manpower, office space, and supplies, except as otherwise provided
in this Agreement, will not be used in support of internal Union business.
C. Union officers and representatives may use their regular works tations including
telephones, computers, and e-mails to communicate with bargaining unit employees in
connection with their representational functions; provided, however, such activity shall not
interfere with the effective operation of the Government's business. The PSC shall be notified
in advance of the content of any broadcast e-mails to bargaining unit employees , which shall
be limited to communications concerning employees' terms and conditions of employment.
D. The Employer shall provide the Union two large file cabinets, or in the
alternative, one large file cabinet and a dedicated computer drive, for Union use. The
Employer also shall provide the Union with a bulletin board that will be located in the Cafe
dedicated to union use exclusively.
13
_______For Union ______For PSC
ARTICLE 9 PERSONNEL FILES
Section 1 - Official and Unofficial Files
The District of Columbia Department of Human Resources maintains all employee
official personnel
files. The Public Service Commission shall have the right to
maintain through its Human Resources Department, a personnel file at the PSC offices
that
may include information from the official personnel file. Records of corrective
actions or adverse actions shall be removed
from an employee's official and Commission
file in accordance with the DPM.
Section 2 - Right to Examine
An employee shall have the right to review his/her official personnel file,
maintained by the District of Columbia Department of Human Resources and, upon
request, inspect and make copies of any document appearing in his/her official personnel
file, in accordance with District and federal laws. An employee shall also have the right
to inspect and make copies of the personnel file maintained by the Commission's Office
of Human Resources.
Section 3 - Right to Respond
As afforded by District and federal laws, each employee shall have the right to
answer any material filed in his/her official personnel files and his/her answer shall be
attached to the material to which it relates. Unless prohibited by law or regulation, in the
case of complaints made orally that are reduced to writing and placed in the PSC Personnel File, employees shall be informed of the person making the complaint; the
substance of the complaint, and the date the complaint was made, and may respond as provided for in this section.
Section 4 - Right to Copy
An employee may copy any material in his/her official personnel file.
Section 5 - Access by Union
Upon presentation of written authorization by an employee, the Union
representative may examine the employee's official personnel files and make copies of
the material. Consistent with law and upon request of the Union, the Employer shall
provide the Union information relevant and necessary to the Union's role as exclusive
bargaining representative.
Section 6 - Confidential Reports
All records of arrests, fingerprint records, medical records, and other confidential 14
_______For Union ______For PSC
reports will be maintained in a separate, confidential file. In no event shall an employee's
medical information or grievance forms or grievance decision not affecting compensation
or benefits be submitted for inclusion into the employee's official personnel file, unless
allowed under appropriate District or federal laws.
Section 7 - Employee to Receive Copies
The employee shall receive a copy of all material placed in his/her official personnel
file in accordance with District personnel rules. When the Employer sends documents to be
placed in an employee's official personnel file that could result in disciplinary action or non-
routine documents that may adversely affect the employee, the employee shall be asked to
acknowledge receipt of the document. The employee’s signature does not imply agreement
with the material but simply indicates that he /she received a copy.
If an employee alleges that he/she was not asked to acknowledge receipt of material
placed in his/her official personnel files as provided in thi s section, the employee will be given
the opportunity to respond to that document and the response will be included in the official
personnel file.
Section 8 - A
ccess by Others
The Employer shall inform the employee of all requests outside of the normal for
information about him/her, or from his/her personnel file for all non- government request, the
employer shall obtain employee’s authorization before access to the personnel file is provided.
The access card signed by all those who have requested and have been given access
to the employee’ s official personnel file, as required by federal and District laws, regulations,
and procedures, shall be made available for review by the employee.
15
_______For Union ______For PSC
ARTICLE 10 JOB DESCRIPTIONS
Each employee within the unit shall receive a copy of his/her current job description
upon request. When an employee’s job description is changed, the employee shall be provided
a copy of the new job description. Those employees employed by the Employer on October 1,
2020 shall not have their job descriptions changed during the term of this Agreement.
16
_______For Union ______For PSC
ARTICLE 11 SAVINGS CLAUSE
ln the event any Article, Section, or portion of the Agreement shall be held invalid and
unenforceable by any court or higher authority of competent jurisdiction, such decision shall
apply only to the specific Article, Section, or portion thereof specified in the decision, and upon
issuance of such a decision, the Employer and the Union agree to immediately negotiate a
substitute for the invalidated Article, Section, or portion thereof.
17
_______For Union ______For PSC
ARTICLE 12
INCLEMENT WEATHER CONDITIONS
A. During inclement weather where the District Government has declared an emergency ,
employees (other than those designated essential employees) will be given a reasonable
amount of time to report for duty without charge to leave consistent with D.C.
Government policy. Employees may choose to telework during an inclement weather
emergency when the government is open with their supervisor’s permission.
B. The Employer agrees to dismiss all non- essential employees in accordance with the
District’ s procedures for early dismissal, when early dismissal is authorized by higher
officials during inclement weather.
18
_______For Union ______For PSC
ARTICLE 13 STRIKES AND LOCKOUTS
In accordance with D.C. Official Code § 1.617.05 it shall be unlawful for any District
Government employee or the Union to authorize, ratify or participate in a strike against the District.
The term strike as used herein means any concerted work stoppage , absence from position, sick
out or slowdown without the lawful approval of management authority. No lockout of employees
shall be instituted by the Employer during the term of this Agreement except that the Employer in
a strike situation retains the right to close down any facilities to provide for the safety of employees,
equipment or the public.
19
_______For Union ______For PSC
ARTICLE 14 CONTRACTING OUT
Contracting out is a management right under D.C. Official Code § 1.617.08 . However,
upon request by the Union, the Employer agrees to bargain over impact and effects of
contracting out of work.
20
_______For Union ______For PSC
ARTICLE 15 UNION RIGHTS AND SECURITY
Section 1 - Exclusive Agent
The Employer shall not negotiate with any other employee organization or group with
reference
to terms and/or conditions of employment for employees represented by the Union.
Section 2 - Access to employees
Representatives of the Union shall have access to all new and rehired employees in its
bargaining unit to explain Union membership, services, and programs. Such access shall be
voluntary for new and rehired employees and may occur during either a formal orientation
session or within three (3) workdays of such employee’s reporting to their work site after
appointment or reappointment.
Section 3 - Dues Check off
Pursuant to D.C. Official Code § 1-617.07, the Employer shall deduct dues from the bi-
weekly salaries of those employees who authorize the deduction of said dues. The Union shall be
solely responsible for notifying employees, prior to obtaining their authorization. that they have
certain constitutional rights under Chicago Teachers Union Local No. l v. Hudson, et al., 475 U.S.
292 (1986) and related cases. The employee must complete and sign the D.C. Form 277 to
authorize the withholding. The amount to be deducted shall be certified to the Employer in writing
by the appropriate official of the Union. It is the responsibility of the employee and the Union to bring errors or changes in status to the attention of the Employer. Corrections or changes will be
made at the earliest opportunity after notification is received, but in no case will changes be made
retroactively. The dues check off authorizations may be cancelled by the Employee. This
provision shall supersede any other dues deduction agreement in effect prior to the effective date
of this Agreement.
Section 4 - Hold Harmless
The Union shall indemnify, defend, and hold the Employer harmless against any and
all claims, demands, and other forms of liability, which may arise from the operation of this
Article. In any case in which a judgment is entered against the Employer as a result of the
deduction of dues, the amount held to be improperly deducted from an employee's pay and
actually transferred to the Union by the Employer, shall be returned to the Employer or
conveyed by the Union to the employees, as appropriate.
Section 5 - Payment of Dues
Payment of dues shall not be a condition of employment. 21
_______For Union ______For PSC
ARTICLE 16 TERM EMPLOYEES
A. Term employees in the bargaining unit wil l be given not less than two (2) pay period’s
notice of the termination of their appointment.
B. Term employees will be provided a copy of their official position description and be
told of the conditions of employment upon entrance on duty.
22
_______For Union ______For PSC
ARTICLE 17 DISCRIMINATION
Section 1 - General Provisions
A. In accordance with the D.C. Human Rights Act of l977, as amended, D.C. Official
Code §§ 2-1401 et seq., the Employer shall not discriminate against any employee because: of
race, color, religion, national origin, sex, age, marital status, personal appearance, sexual
orientation, familial status, family responsibilities, matriculation, political affiliation, genetic
information, disability, source of income, sealed eviction record, status as a victim of an
intrafamily offense, place of residence or business, status as a victim or family member of a victim
of domestic violence, or stalking, and homeless status.
B. The Employer and the Union agree to cooperate in providing equal opportunity
for employment and promotion to all qualified persons, to cooperate in ending discrimination,
and to promote the full realization of equal employment opportunity through a positive and
continuing effort. To this end, EEO concerns of either party (but not individual-grievances)
may be brought before the Labor-Management Cooperation/Partnership Committee. At the
request of either party, the Labor Management Committee may consider any employment
practice or policy that allegedly has an adverse impact on members of any protected group.
Section 2 - Equal Employment Practices
The Employer agrees to continue the implementation of its Equal Employment
Opportunity Policy and its Affirmative Action Plan in accordance with the provisions of the
Affirmative Action in District Government Employment Act (D.C. Law 1-63). The
Affirmative Action Plan will be developed in accordance with Federal and D.C. Office of
Human Rights guidelines. Union input on the development of the Affirmative Action Plan
may be provided through the PSC. The Employer will provide the Union with a copy of the
Affirmative Action Plan, when developed by the Employer.
Section 3 - Sexual Harassment
A. All employees must be allowed to work in an environment free from sexual
harassment. Therefore, the parties mutually agree to identify and work to eliminate such
occurrences in accordance with the PSC Sexual Harassment policy
B. Sexual harassment includes unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature when: (1) the submission to
such conduct is made either explicitly or implicitly a term or condition of an individual's
employment; (2) submission to or rejection of such conduct by an individual is used as the basis
for employment decisions affecting such individual; or (3) such conduct has the purpose or
effect of unreasonably interfering with an individual's work performance or creating an
intimidating, hostile, or offensive working environment.
Section 4 - Discrimination Charges 23
_______For Union ______For PSC
Any charges of discrimination shall be presented in accordance with the Employer's
written procedure and shall therefore not be subject to the negotiated grievance procedure.
24
_______For Union ______For PSC
ARTICLE 18 SAFETY AND HEALTH
Section 1 - Working Conditions
A. The Employer will make appropriate efforts to provide and maintain safe
working conditions. It is understood that the District may excee d standards established by
regulations consistent with the objectives set by law. The Union will cooperate in these efforts
by encouraging its members to work in a safe manner and to obey established safety practices
and regulations.
B. Matters involving safety and health will be governed by the D.C. Occupational
Safety and Health Plan in accordance with Subchapter XX of the Comprehensive Merit
Personnel Act (D.C. Official Code §1-620.01 et seq. as amended)
C. If the District declares a public health emergency, then employees are permitted
to telework until the public health emergency is abated , with their supervisor’s permission.
Section 2 - Corrective Actions
A. If an employee observes a condition that he or she reasonably believes to be unsafe,
the employee shall report the condition to the immediate supervisor and the General Counsel.
B. If the supervisor determines that a condition constitutes an immediate hazard to
the health and safety of the employee, the supervisor shall take immediate precautions to
protect the employee and contact the Commission as necessary.
C. Employees shall be protected against penalty or reprisal for reporting an unsafe
or unhealthful working condition or practice, or assisting in the investigation of such condition
or practice.
Section 3 - First Aid Kits
A. The Employer shall make first-aid kits reasonably available for use in case of
on-the-job injuries. The need for additional first-aid kits will be referred to the General
Counsel or his/her designee.
B. Employees who have been identified by the Commission as having been
exposed to a toxic substance (including, but not limited to asbestos) in sufficient quantity or
duration to meet District Government standards shall receive appropriate health screening. In
the absence of District Government standards, the Commission will refer to standards
established by the appropriate authorities such as the Occupational Safety and Health
Administration (OSHA), the National Institute for Occupational Safety and Health (NIOSH),
or the Environmental Protection Agency (EPA).
25
_______For Union ______For PSC
Section 4 - Defibrillators
A. The Commission shall provide defibrillators on each floor where the Union
controls its own office space. 26
_______For Union ______For PSC
ARTICLE 19 INFORMATIONAL REPORTS ON EMPLOYEES
The Employer shall provide the Union by January 31 of each y ear a list of all bargaining
unit employees that includes the name, grade, step, title, organizational unit assignment, and
bargaining unit status of each bargaining unit employee. The list shall also indicate whether an
employee is having Union dues withheld. The Employer will also put the U nion on the regular
distribution for the New Hires and Resignations Report. The Report shall be modified to include
the Union status and dues withholding status of the employee.
27
_______For Union ______For PSC
ARTICLE 20 FITNESS FOR DUTY
The Employer agrees to comply with applicable District law and controlling
regulations concerning fitness for duty.
28
_______For Union ______For PSC
ARTICLE 21 REDUCTION- IN-FORCE
Section 1 - Definition
The term reduction-in-force (hereinafter RIF), as used in this Agreement means the
separation of a permanent employee, his/her reduction in grade or pay, or his/her
reduction in rank because of (a) reorganization; (b) abolishment of his/her position; (c)
lack of work; (d) lack of funds; (e) new equipment; (f) job consolidation; or (g)
displacement by an employee with greater retention rights who was di splaced because of
(a) through (f) above.
Section 2 - Notification of a RIF
The Employer agrees to notify the Union in advance prior to implementing a RIF
in the bargaining unit. The Employer agrees to engage in impact and effects bargaining.
Section 3 - Procedure
RIFs shall b e governed by provisions of Chapter 24 of the Personnel Regulations,
except as amended by Section 3616.1 of Chapter 36 of the District of Columbia Personnel
Regulations pertaining to the Legal Services Act.
29
_______For Union ______For PSC
ARTICLE 22 REQUESTS FOR INFORMATION
Consistent with law and upon request of the Union, the Employer shall provide
information that is relevant to perform its duties in grievance processing and collective
bargaining negotiations.
30
_______For Union ______For PSC
ARTICLE 23 EMPLOYEE USE OF INFO RMATION TECHNOLOGY
Section 1 - Electronic Mail Use
The parties acknowledge that D.C. Government -provided electronic mail (email) services
are to be used for internal and external communications which serve legitimate government
functions and purposes. Employees are expected to be familiar with the D.C. Government's E-mail
User Policy. The parties agree that employees may be allowed to use email on a limited basis for
personal purposes, but such use should be limited to non- work time and should not: interfere with
the performance of the employee’ s duties; be used to conduct outside employment; be used for
discriminatory or harassing purposes; or be used to exchange pornographic, discriminatory, or
harassing material.
Section 2 - Internet Access and Use
The parties agree that internet access through the Commission facilities is considered D.C.
Government property and must be used for the program needs of the General Counsel. Employees
are expected to be familiar with the D.C. Government's Internet Access and Use Policy. The parties agree that employees may be allowed to use the internet on a limited basis for personal
purposes, but such use should be limited to non-work time and should not interfere with the
performance of the employee's duties. Employees are expressly prohibited from visiting websites
to conduct outside employment or websites that contain discriminatory, pornographic, bandwidth
c
onsuming, or harassing material.
Section 3 - Telephone Use
The Employer and Union agree that D.C. Government telephones must be used primarily
in support of D.C . Government programs. The parties acknowledge that employees may be
permitted to use telephones on an occasional and selective basis for personal purposes. Such use
is a privilege and not a right and may not be abused for the conduct of outside employment during
the scheduled tour of duty of the employee or for discriminatory, pornographic, or harassing
purposes.
Section 4 - Privacy
Except as provided generally under current, written, and published D.C. Government
policies, the Office of the General Counsel shall not monitor employee email, telephone, or internet
use, unless it has good cause to believe that an employee has violated this Article or any applicable
law or regulation. The Employer will share with the Union notices of any changes or modifications
to said policies which it receives.
31
_______For Union ______For PSC
ARTICLE 24 TRAINING
Section 1 - Basic Training
The parties recognize and endorse the value of employee training. Other than skil1s
necessary to qualify for the position, the Employer agrees to provide each employee with
basic training or orientation for the safe and effective performance of his/her job, that at a
minimum shall enable an employee to meet the requirements of the Legal Services Act and
regulations implementing the Act. Such training shall be provided at the Employer's expense
and, if possible,
during the employee's regular workday.
Section 2 - Continued Training Opportunities
The Employer will encourage and assist employees in obtaining career related
training and education outside the Office of the General Counsel by collecting and posting
current information available on training and educational opportunities. The Employer
will inform employees of time or expense assistance the Employer may be able to provide.
Continued training shall be within budgetary constraints.
Section 3 - Requests for Continued Training
The Employer may consider requests for continued training of employees and may
provide time or expense assistance to employees. Continued training opportunities shall
be afforded employees on a fair and impartial basis to the maximum extent possible.
Employees shall be promptly informed of a denial of a training request together with the
reason for the denial. The parties agree that the program needs of the Employer are
paramount in providing training to bargaining unit employees.
32
_______For Union ______For PSC
ARTICLE 25 EMPLOYEE RIGHTS
Section 1 - Respect in the Workplace
It is the intent of the Commission and the Union that all employees both within the
bargaining unit and outside shall be treated with fairness and dignity.
Section 2 - Employee Rights
All employees have the right:
(a)
to organize a labor organization free from interference, restraint, or
coercion;
(b)
to form, join, or assist any labor organization;
(c)
to bargain collectively through representatives of their own choosing; and
(d)
to refrain from any or all such activities under subsections (a ), (b), and (c)
of this Section.
Section 3 - Employee Grievances
An individual employee may present a grievance at any time to the Employer
without the intervention of the Union; provided, however, that the Union is afforded an
effective opportunity to be present and to offer its view at any meetings held to adjust the
grievance. Any employee or group of employees who present a personal grievance to the
Employer may not do so under the name, or by representation, of the Union. Adjustments
to grievances must be consistent with the terms of the Agreement. Where the employee
is not represented by the Union, no adjustment of a grievance shall be considered as a
precedent or as relevant either to the interpretation of the Agreement or to the adjustment
of other grievances.
Section 4 - Conflicts of Interest
This Agreement does not authorize participation in the management of or acting as
a representative of a labor organization by any employee if the participation or activity would
result in a conflict of interest, a breach of legal ethics, or otherwise be incompatible with
applicable law or with the official duties of the employee. Any dispute concerning the
meaning of this provision shall be referred to the Employer for determination. Both parties
shall submit written positions in accordance with time limits established by the Employer.
33
_______For Union ______For PSC
ARTICLE 26 FURLOUGHS
Section 1 – Definition
The term furlough, as used in this Agreement, means the temporary, involuntary placement
of all employees within a competitive area in a non-duty, non- pay status for an equitable period of
time within a leave year for budgetary reasons.
Section 2 - Notification of a Furlough
The Employer agrees to provide the Union notice of a decision to furlough as soon
after the decision is made as practicable but not less than thirty (30) days in advance of the
initial furlough date, except in an emergency situation. The Employer further agrees to
minimize the effects of such a furlough on employees and to bargain with the Union toward
this end. The notification shall include, at a minimum: (1) the reason(s) for the furlough; (2)
the approximate number of employees who may be affected; and (3) the anticipated effective
date that the action will be taken.
Section 3 - Procedure
Furloughs shall be governed by the provisions of Chapter 24 of the District of
Columbia
Personnel Regulations (6-B DCMR Chapter 24).
34
_______For Union ______For PSC
ARTICLE 27 REASSIGNMENTS, PROMOTIONS, D ETAILS
Section 1 - Notice
Whenever an attorney vacancy exists within OGC, other than a temporary opening, in
any existing job classification or as the result of the development or establishment of a new
job classification, OGC shall provide a copy to the Union which shall post such vacancy notice
on all Union bulletin boards. The Employer shall also post the announcement electronically.
A copy of the notices of OGC job openings will be provided to the appropriate Union Steward
at the time of posting.
Section 2 - Job Qualifications
Management has the right to determine job qualifications. Where the Employer has
determined that two or more employees/applicants for a position are equally qualified to
perform the duties of the position, the selection shall be made by the Employer from the
designated qualified candidates.
Section 3 - Pay for Work Performed in Higher Graded Position
Employees detailed or assigned to perform the duties of a higher graded position for
more than one-hundred and twenty (120) consecutive days in any calendar year shall receive
the pay of the higher graded position. The applicable rate of pay will be determined by
application of D.C. government procedures concerning grade and step placement for
temporary promotions, and will be effective the first pay period beginning after the qualifying
period has passed. An employee detailed or assigned to perform the duties of a lower graded
position shall maintain the pay for his/her original position. Advance notice will be given to
the Union of any detail exceeding one pay period.
Section 4 - Additional Duties
Issues involving changed or additional duties assigned to an employee, within his/her
present position, shall be considered in accordance with District government position
classification guidelines set forth in the District Personnel Manual.
35
_______For Union ______For PSC
ARTICLE 28 TIMELY RECEIPT OF CORRECT PAY AND EXPENSE
REIMBURSEMENTS
A. Tardy or Non- receipt of Pay
(a)
Employer shall take all action necessary to correct tardy receipts or non- receipts
of employee paychecks due to electronic, delivery, or other pay errors within
its control.
(b)
Employer shall take all action necessary to assist in correcting tardy receipts or
non-receipts of employee paychecks due to electronic delivery, or other pay
errors when the specific error or needed correction is not within its control.
B. Pay Errors
Employer shall expeditiously take all action necessary to correct all other paycheck error
s
including those concerning benefits, sick leave, annual leave and various deductions.
C. Timely Receipt of Pay Increases and Reimbursements
(a) Employer agrees to take all action necessary within its control to ensure that pay
increases, including but not limited to those resulting from step increases,
promotions, bonuses and other salary increases, are paid on the effective date. To
this end, Employer will, among other things, take all necessary action to ensure that
paperwork needed to implement such increases is completed within a reasonable
time of the proposed effective date of the action and shall process the proposed
action as expeditiously as possible to avoid or minimize any delay in
implementation.
(b) Employees who are not paid increases on the effective date shall receive retroactive
pay from the effective date to the time that the Employee begins receiving the
increase.
D. Timely Reimbursement of Expenses
Employer shall take all necessary action to ensure that reimbursement of pre-authorized
expenses related to the employee's employment, including but not limited to travel and education expenses, is paid within thirty (30) days of submission of a proper request.
E. Audits
In the event Employee requests an audit of pay and benefit records because of errors made
in their computation, Employer shall complete such audit within ten (10) business days or shall provide the employee a reason why additional time is required and shall give a projected date of 36
_______For Union ______For PSC
completion.
37
_______For Union ______For PSC
ARTICLE 29
TECHNOLOGIES
Section 1
Whenever the Employe r proposes to acquire or implement any mechanical device or
system based upon new technology which may adversely impact employees in the bargaining
unit,
the Employer will notify the Union and when requested, bargain over the adverse effect.
Appropriate training for affected employees so as to enable them to maintain their present job
status shall be among the principal considerations as part of such bargaining. The Employer
shall provide such training for affected employees to acquire the skills and knowledge
necessary for new equipment or procedures. The training shall be held during working hours, if
possible. The Employer shall bear the expense of the training.
Section 2
The parties to this Agreement recognize that computers are essential to the operation of
any law office and that Employer-authorized software installed on the computers used by members
of the bargaining unit is an important general condition of employment. Installation of any
application software on an y computer issued to a member of the bargaining unit can only be
accomplished with the approval of the Employer and only to the extent that it is c onsistent with
OGC and Commission policies and internal security practices and/or is required as a reasonable
accommodation for a physical or mental disability.
Section 3
In addition to other approved procedures, including those permitting individual
employee requests, the parties agree that the Union may submit recommendations for software
to the Labor -Management Committee for consideration, in accordance with this Agreement.
38
_______For Union ______For PSC
ARTICLE 30 BENEFITS
Section 1 – General
The parties will adhere to all applicable laws, rules, and regulations regarding the
administration of benefits. Bargaining unit employees will be offered the same benefits as
those provided, from time to time, through the District of Columbia Personnel Manual.
Section 2 - SmarTrip Benefits and Parking Benefits
A. Bargaining unit employees shall receive the same Public Transit Fringe Benefit
Programs (“SmarTrip”) as all other employees of the Commission to subsidize all or part of
the monthly transit costs of the employees between their residence and the Commission's
offices on normal workdays.
B. Bargaining unit employees shall receive the same COVID -19 Parking Benefits
as all other employees of the Commission to subsidize all or part of the monthly parking costs
of the employees for parking at or near the Commission's offices on normal workdays.
39
_______For Union ______For PSC
ARTICLE 3l GENERAL PROVISIONS
Section l - Work Rules
Employees will be advised of written work rules that they are required to follow.
The Employer agrees that proposed new written work rules and the revision of existing
written work rules shall he subject to notice.
Section 2 - Identification Device
The Employer agrees that the employee has a right to participate and identify with the
Union as his/her representative in collective bargaining matters. Therefore, the Employer agrees that such identification devices as emblems, buttons and pins supplied by the Union to the
employees within the bargaining unit may be worn on their clothing except when appearing in
court or before any administrative tribunal or other government agency on behalf of the Employer.
Section 3 - Distribution of Agreement
The Employer and the Union agree to share equally in the cost of reproducing this
contract for employees and supervisors. The parties shall mutually agree upon the cost and number of copies to be printed.
40
_______For Union ______For PSC
ARTICLE 32 PANTRY/DINING AREA
PSC employees shall have access to and use of the dining space at the 1325 G Street, N.W.,
Suite 800, Washington, D.C., location, or at any subsequent location of the offices of the Public
Service Commission of the District of Columbia, beginning the effective date of this Agreement. 41
_______For Union ______For PSC
ARTICLE 33 Flexitime/Flexiplace (Telework) (RESERVED)
42
_______For Union ______For PSC
ARTICL E 34 WAITING PERIODS FOR ADVANCEMENT W ITHIN STEPS
Upon the execution of this Agreement, the within grade waiting periods for step
advancement for bargaining unit employees with a prearranged regularly scheduled tour of
duty will be consistent with the DPM.
43
_______For Union ______For PSC
ARTICLE 35 PARKING SPACES & REIMBURSEMENT
Section 1 - Parking Reimbursement
Employees required to use their personal vehicle for official business shall be
reimbursed for parking expenses, which are incurred in the performance of his/her official
duties, to the extent permitted under and consistent with Chapter 40 of Title 6- B of the D.C.
Municipal Regulations. For the purpose of this Section, parking expenses are defined as
parking expenses incurred by an employee to park his/her personal vehicle at the employee ’s
worksite on a day when the employee plans to use a personal vehicle with the approval of the
General Counsel to conduct official business on behalf of the District of Columbia
government.
Section 2 - Parking Spaces
If no public parking is available for Employees at the main location of the Public
Service Commission, the Employer shall give the Union the opportunity to purchase two of
Commission's allotted parking spaces for use by bargaining unit members as determined by
the Union.
44
_______For Union ______For PSC
ARTICLE 36 GRIEVANCE/ARBITRATION
Section l - Definition
A grievance shall be defined as any difference or disagreement between the parties
involving the interpretation or application of any of the provisions of this Agreement or a
breach thereof or involving the discipline or discharge of any employee. A grievance may be
pursued by the employee or the Union.
Section 2 - General Provisions
Any grievance which may arise between the parties involving an alleged violation of
this Agreement shall be settled as described in this Article unless otherwise agreed to in writing
by the Union President and the Commission or its designee.
Section 3 - Information Requests
Both parties shall provide all information determined to be reasonable and needed by
the other party for the processing of a grievance after a request by the other party.
Section 4 - Procedure
This procedure is designed to enable the parties to settle grievances at the lowest
possible administrative level. Grievances must be filed at the lowest level where resolution is
possible. Therefore, all grievances shall ordinarily be presented to the immediate supervisor,
unless it is clear that the immediate supervisor does not have authority to deal with the
grievance and that it should be filed elsewhere. The Union may request a face- to-face meeting
with the appropriate management representative who is delegated authority to deal with the
grievance at each step. The parties are encouraged to engage in productive meetings to resolve
a grievance.
Nothing in this Agreement shall be construed as precluding discussion between an
employee, the Union and the appropriate supervisor over a matter of interest or concern to
any of them prior to the initiation of a grievance. Once a matter has been made the subject of
a grievance under this procedure nothing herein shall preclude any party from attempting to
resolve the grievance informally at the appropriate level.
Step 1: The employee and/or the Union shall take up the grievance, in writing, with the
General Counsel or his or her designee, as appropriate, within ten (10) working days from the
date of the occurrence or when the employe e or the Union knew or should have known of the
occurrence. The written grievance shall be clearly identified as a grievance submitted under
the provisions of this Article, and shall list the name of the grievant or grievants, the contract
provisions allegedly violated, the basic facts issues, or concerns giving rise to the grievance,
the date or approximate date and location of the violation and the remedy sought. The 45
_______For Union ______For PSC
supervisor shall address the matter and shall respond, in writing, to the Steward and/or the
employee within ten (10) working days after the receipt of the grievance.
Step 2: If the grievance is still unresolved, or the General Counsel or his/her designee
has failed to respond, it may be presented in writing by the Union to the Commission within
twenty (20) working days after the Step 1 response is due or received, whichever is sooner.
The Commission shall respond in writing to the Union within twenty (20) working days after
receipt of the written grievance.
Step 3: If the grievance is still unresolved, or the Commission has failed to respond,
the Union may by written notice request binding arbitration. Such request must he made within
twenty (20) working days of the date the reply at Step 2 is due or received, whichever is
earlier.
When mutually agreed by the parties, grievances on the same matter on behalf of two (2)
or more employees may be processed as a single grievance for the purpose of resolving all the
grievances.
A grievance filed by the Union which does not seek personal relief for a particular
employee or a group of employees, but rather expresses the Union's disagreement with
management's interpretation or application of the Agreement and which seeks an institutional
remedy shall be filed with the General Counsel or his or her designee within ten (10) working
days from the date of the occurrence or when the Union knew or should have known of the
occurrence.
A grievance concerning a continuing condition may be filed at any time during the
existence of that condition.
Section 5 - Selection of the Arbitrator
The arbitration proceeding shall be conducted by an arbitrator selected by the Employer
and the Union and/or employee. The Federal Mediation and Conciliation Service (FMCS) shall be requested to provide a list of seven (7) arbitrators from which an arbitrator shall be selected
within seven (7) days after receipt of the list by both parties. The Employer and the Union and/or
Employee may strike three (3) names from the list using the alternate strike method. The party
requesting/arbitration shall strike the first name. The arbitration hearing shall be conducted
pursuant to the FMCS guidelines unless modified by this Agreement.
Section 6 - Authority of the Arbitrator
The jurisdiction and authority of the arbitrator and his/her opinion and award shall be
confined exclusively to the interpretation or application of the express provisions of this
Agreement at issue between the Union and/or the Employee and the Employer consistent with
applicable law and regulation. He/she shall have no authority to add to, detract from, alter, amend 46
_______For Union ______For PSC
or modify any provision of this Agreement or to impose on either party a limitation or obligation
not explicitly provided for in this Agreement. The written award of the arbitrator on the merits
of any grievance adjudicated within his jurisdiction and authority shall be final and binding on
the aggrieved employee, the Union and the Employer.
Section 7 - Decision of the Arbitrator
The arbitrator shall be requested to render his/her decision in writing within thirty (30)
days after the conclusion of the arbitration hearing.
Section 8 - Expenses of the Arbitrator
Expenses for the arbitrator's services and the proceeding shall be borne equally by
the Employer and the Union and /or employee. However, each party shall be responsible
for compensating its own representatives and witnesses.
Section 9 - Time Off For Grievance Hearings
The employee, Union Steward and/or Union representative shall, upon request, be
permitted reasonable time to meet and discuss grievances with designated management
officials at each step of the Grievance Procedure.
Section 10 - Time Limits
All time limits set forth in this Article may be extended by mutual c onsent, but if
not so extended, must be strictly observed. If the matter in dispute is not resolved within
the time period provided for in any step, the next step may be invoked. However, if a
party fails to pursue any step within the time limit then he/she shall have no further right
to continue the grievance. A
request for an extension of time shall not be unreasonably denied
by the appropriate representative
of either party if such request is made in writing by the
original deadline date. The parties may mutually agree in writing to waive a Step of the
procedure described in this Article.
Section 11 - Termination of Grievance
A grievance shall terminate with the Union's and/or Employee's consent or for failure to
meet contractual time limits.
Section 12 - Exclusions
Matters not within the jurisdiction of the Employer will not be processed as a
grievance
under this Article unless the matter is specifically included in another provision of this
Agreement.
47
_______For Union ______For PSC
ARTICLE 37 DISCIPLINE & DISCHARGE
Section 1 - Disciplinary Actions
A. Staff Counsels ("SC") in the bargaining unit are appointed by and are under the general
supervision of the General Counsel. A Staff Counsel may be subject to disciplinary action,
including reprimand, suspension (with or without pay), reduction in grade or step, or removal for
unacceptable performance or for any reason that is not arbitrary or capricious. Disciplinary actions
shall be processed in accordance with sections in this Agreement.
B. For purposes of this Article, "disciplinary action" includes reduction in base salary.
C. Notwithstanding Section A herein, the General Counsel may summarily suspend or
remove a bargaining unit member , in accordance with Sections 1616 and 1617 of the DPM,
when the employee's conduct:
(a)
Threatens the integrity of government operations;
(b)
Constitutes an immediate hazard to the agency, to other District employees, or
to the employee; or
(c)
Is detrimental to public health, safety , or welfare.
D. The PSC shall follow the procedures in Section 1616 of the DPM before summary
removal. If there is no appeal to binding arbitration under Section 2 herein, the Commission's
decision shall be the final agency decision.
Section 2 - Stay of Disciplinary Action
The filing of a request for arbitration shall not serve to stay or delay the effective date
of
the Commission's administrative decision.
48
_______For Union ______For PSC
ARTICLE 38 WAGES/PENSION
Article 38 - WAGES/PENSION of the Collective Bargaining Agreement shall be revised as follows:
Section l – Base Pay and Retroactive Pay
Commencing on October 1, 2022, all bargaining unit members shall be
converted to the Office of the Attorney General Fiscal Year 2023 salary schedules in Appendix A.
Base pay shall be adjusted to the appropriate schedule of the present base pay, on the first
pay period after the Agreement is signed.
The base pay shall be retroactive and paid to bargaining unit employees from the first day
of the pay period on or after October 1, 2022.
Commencing on October 1, 2023, all bargaining unit members shall receive a three percent
(3.0%) base pay increase.
Commencing on October 1, 2024, all bargaining unit members shall receive a three percent
(3.0%) base pay increase.
49
_______For Union ______For PSC
ARTICLE 39 COMPENSATORY TIM E
A lawyer who is required to work one or more hours outside his or her normal work
hours may request an equal amount of compensatory time from h is or her supervisor. If the
request is granted, the time will be recorded on the Employee's records and may be used in the
same manner that annual leave is used. Compensatory time may only be approved for working
at scheduled or special events outside an Employee's regular work hours , travel time outside
normal work hours, and extraordinary assignments. The decision to grant an Employee
compensatory time is at the discretion of management. In no event will an Employee be
entitled to pay in lieu of compensatory time, except as expressly provided elsewhere in this
Agreement.
50
_______For Union ______For PSC
ARTICLE 40 SICK LEAVE INCENTIVE PROGRAM
ln order to recognize an Employee's productivity through his/her responsible use of
accrued sick leave, the Commission agrees to provide personal time-off in accordance with
the following:
Section l - Accrual
A full time Employee who is in a pay status for the leave year shall accrue annually:
(a) Three (3) days off for utilizing a total of no more than two (2) days of accrued
sick leave;
(b) Two (2) days off for utilizing a total of more than two (2) but not more than
four (4) days of accrued sick l eave; and
(c) One (1) day off for utilizing a total of more than four (4) but no more than five
(5) days of accrued sick leave.
Section 2 - Procedure for Use of Time Accrued
Time off pursuant to a sick leave incentive award shall be selected by the Employee
and requested at least three (3) full workdays in advance of the leave date. Requests for time off
pursuant to an incentive award shall be given priority consideration and the Employee's
supervisor shall approve such requests for time off unless staffing needs or workload
considerations dictate otherwise. If the request is denied, the Employee shall request and be
granted a different day off within one month of the date the Employee initially requested. Requests for time off shall be made on the standard "Application for Leave" form.
Section 3 - Use of Time Accrued
All incentive days must be used in full-day increments following the leave year in
which they were earned. Incentive days may not be substituted for any other type of absence
from duty. There shall be no carryover or payment for any unused incentive days.
51
_______For Union ______For PSC
ARTICLE 41 MISCELLANEOUS
Section 1– Wellness/Fitness
If available at no cost to the Commission, the Commission shall provide exercise facilities
at its office location for use by Union Employees to promote physical well-being and fitness of the
Employee.
Section 2 – Fleet Vehicles
Union attorneys shall have reasonable access to Employer fleet vehicles for business purposes.
Section 3 - Educationa1 Expenses
Any Employee having incurred educational expenses in furtherance of acquiring or
improving the
skills required to perform his/her assignment, at the Commission shall be reimbursed by the
Commission as provided in the Commission’s Employee Tuition Reimbursement Policy.
52
_______For Union ______For PSC
ARTICLE 42 REOPENER PROCEDURE
This Agreement may be modified by agreement of the parties. The Union may seek
a modification after providing Management notice in writing at least sixty (60) days prior
to the effective date desired for the modification. The Union may only seek modification of
Article 35 - Parking Spaces/Reimbursement if free parking is offered to Management's
commissioners, managers, and senior staff.
During modification negotiations, Management may seek modifications of any
other provisions of the Agreement except for Article 38, Section 1 and Article 33, Section
4. Any proposed modification shall be submitted at least one hundred eighty (180) days
before the expiration of this Agreement. Failing to agree to modify the Agreement shall not
cause arbitration nor the declaration of an impasse.
53
_______For Union ______For PSC
ARTICLE 43 DURATION
This Agreement shall b e implemented as provided herein subject to the requirements
of Section 1715 of the CMPA (D.C. Official Code § 1-617.15). This Agreement shall be
effective on the date provided by law (i.e., when it is approved by the Council or as otherwise
effective pursuant to D.C. Official Code § l-617.17(j)) and shall remain in force and effect
until September 30, 2025.
54
_______For Union ______For PSC
IN WITNESS THEREOF, the parties have executed this Agreement and a duplicate
hereof, by their duly authorized officers on the dates shown below.
FOR THE EMPLOYER FOR THE UNION
Public Service Commission Local 1403, American Federation of
Of the District of Columbia Government Employees, AFL-CIO
__________________________ _____________________________
Emile Thompson Angela Parsons
Chairperson Vice President- PSC
Labor Representative Committee Local 1403
‘seven
isc’
seo'e
aoe
vos
aie
aor’
ev9ub
c16'08:
sures
$90'08
6
s
8
$
$
$
3
s
;Ssva'ler
yest$909)¥S1
vel$$6z8'0e!
BuO LZ;
ese'rs©$SoB'te
use'se §6xs'te
cue©$$98'SL
8 4
(eorouebe
’
’
s s s st
$ 8 s sh
$ 8 s se
$ s $ sz
SwoeSs s sub
S$tose$ 8 So
seu $ s $60
9 s , e z ‘ perp’
sdors —__
‘opmosey7087°
“soquinyuopnrosoy
woz 0s601ou196
z000v1—_:0!npoyosyosordoog
(eos12897)$1:ampoyoswuerdAe
sevvos {s)epo9eomesingoPaioayy own ‘uoqunuonjuoqun
2202'61990190‘a}eqeanooua
©sopnrour)skowion‘uonu990201440 ezoz sue0posts
(uojun)seo)1agje627:ainpayagArejesJUaWUIaAONBIGUINJOD4039143510
woxainuaddw 1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004 Phone (202) 724-5524 Email: megan.browder@dc.gov
GOVERNMENT OF THE DISTRICT OF COLUMBIA
O
FFICE OF THE ATTORNEY GENERAL
BRIAN SCHWALB PRIVILEGED AND CONFIDENTIALATTORNEY GENERAL ATTORNEY-CLIENTCOMMUNICATION
LEGAL COUNSEL DIVISION
MEMORANDUM
TO: Danielle Gurkin
Principal Legislative Advisor
Public Service Commission
FROM: Megan D. Browder
Deputy Attorney General
Legal Counsel Division
DATE: September 6, 2023
SUBJECT: Legal Sufficiency Review of “Agreement Between the District of Columbia Public
Service Commission and the American Federation of Government Employees, Local
1403” and accompanying Resolution
(AA-23-595)
_____________________________________________________________________________________
This memorandum responds to your request that the Office of the Attorney General (the “Office”) conduct
a legal sufficiency review of the above-referenced collective bargaining agreement (“Agreement”) and its
accompanying resolution.
The Agreement, between the Public Service Commission (“PSC”) and the American Federation of
Government Employees Local 1403 (together, the “Parties”), sets forth working conditions for the period
October 1, 2022 through September 30, 2025. The attached version represents changes agreed upon between
PSC and this Office, including this Office’s opinion that PSC may not bargain to cover Bar Dues for union
members without violating the Anti-deficiency Act.
1
The Agreement, as attached, is legally sufficient. The resolution is also legally sufficient and I have attached
a Certificate of Legal Sufficiency for your use. If you have any questions regarding this memorandum,
please contact Ben Moskowitz, Assistant Attorney General, Legal Counsel Division, at (202) 320-8007, or
me at (202) 724-5524.
MDB/bem
1
SeeLaurie Ensworth, Use of Appropriated Funds to Pay Bar Dues and Licensing Fees(attached).
eneral 1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004 Phone (202) 724-5524 Email: megan.browder@dc.gov
GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL
Legal Counsel Division
MEMORANDUM
TO: Danielle Gurkin
Principal Legislative Advisor
Public Service Commission
FROM: Megan D. Browder
Deputy Attorney General
Legal Counsel Division
DATE: September 6, 2023
RE: Agreement Between the District of Columbia Public Service Commission and the
American Federation of Government Employees, Local 1403 and accompanying
resolution
(AA-23-595)
_____________________________________________________________________________________
This is to Certify that the Office of the Attorney General has reviewed the
Agreement Between the District of Columbia Public Service Commission and the American
Federation of Government Employees, Local 1403 from October 1, 2022 to September 30, 2025 and
determined that it is legally sufficient. If you have any questions, please do not hesitate to call me at
(202) 724-5524.
_________________________________
Megan D. Browder
Government of the District of Columbia
Office of the Chief Financial Officer
Glen Lee
Chief Financial Officer
1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476
www.cfo.dc.gov
MEMORANDUM
TO: The Honorable Phil Mendelson
Chairman, Council of the District of Columbia
FROM: Glen Lee
Chief Financial Officer
DATE: August 15, 2023
SUBJECT: Fiscal Impact Statement – Collective Bargaining Agreement between
the American Federation of Government Employees, Local 1403,
Compensation Unit 34, and the Public Service Commission of the
District of Columbia Approval Resolution of 2023
REFERENCE: Draft Introduction as provided to the Office of Revenue Analysis on July
27, 2023
Conclusion
Funds are sufficient in the fiscal year 2023 budget and the fiscal year 2024 through fiscal year 2027
budget and financial plan to implement the bill. The resolution will cost approximately $64,000 in
fiscal year 2023, $144,000 in fiscal year 2024, and a total of $822,000 through fiscal year 2027. The
Public Service Commission will fund the costs of the agreement with its special purpose revenue
budget.
Background
The resolution approves a compensation and working conditions agreement between the District of
Columbia Public Service Commission (PSC) and the American Federation of Government Employees
Local 1403 (the Union) The Union represents PSC’s attorney advisors. The attorney advisors have a
current average salary of approximately $145,000.
1
The agreement, which will be in effect from October 1, 2022 through September 30, 2025, includes
the following salary increases:
1
As of July 18, 2023, for filled positions. There were nine filled positions and three vacant ones. The Honorable Phil Mendelson
FIS: “Collective Bargaining Agreement between the American Federation of Government Employees, Local
1403, Compensation Unit 34, and the Public Service Commission of the District of Columbia Approval
Resolution of 2023,” Draft Introduction as provided to the Office of Revenue Analysis on July 27, 2023
Page 2 of 2
• For fiscal year 2023 (retroactive to first pay period), a conversion of the salary schedules to
be equivalent to the pay schedule for attorneys at the Office of the Attorney General (i.e., the
Legal Services Union pay schedule)
• For fiscal year 2024, a 3% increase
• For fiscal year 2025, a 3% increase
The union members were awarded the same terms under an arbitration agreement dated June 22,
2023.
Financial Plan Impact
Funds are sufficient in the fiscal year 2023 budget and the fiscal year 2024 through fiscal year 2027
budget and financial plan to implement the bill.
The agreement is expected to cost the PSC $64,000 in increased salary and fringe costs for fiscal year
2023, $144,000 for fiscal year 2024, and a total of $822,000 through fiscal year 2027. The PSC can
absorb the fiscal year 2023 and 2024 costs in its approved budgets. The fiscal year 2025 through
fiscal year 2027 costs will be incorporated into the PSC’s budget submissions. The PSC funds its costs
from non-Local Funds sources and primarily from special purpose revenue fund collections which
are an assessment on regulated entities. The PSC can increase its assessment to fund increased costs.
Cost of the Agreement between Public Service Commission and AFGE Local 1403,
Effective through September 30, 2025
FY 2023
(a) FY 2024 FY 2025 FY 2026 FY 2027 Total
Cost of Salary
Schedule Conversion
and Raises
$57,000
$128,000
$181,000
$181,000 $181,000 $ 730,000
Cost of Increased
Fringe Benefits
(b)
$7,000
$16,000
$23,000
$23,000 $23,000 $ 92,000
Total Cost
(c)
$64,000
$144,000
$204,000
$204,000 $ 204,000 $ 822,000
Table Notes
a) Retroactive to first pay period
b) Assumes salary increases lead to additional fringe costs equal to 12.65 percent of increases
c) No portion of costs are Local Funds