MURIEL BOWSER MAYOR December 12 , 2023 The Honorable Phil Mendelson Chairman Council of the District of Columbia John A. Wilson Building 1350 Pennsylvania Avenue, N.W., Suite 504 Washington, DC 20004 Dear Chairman Mendelson: Enclosed for consideration and approval by the Council of the District of Columbia is a proposed resolution entitled “Compensation Agreement between the District of Columbia Government Department of Behavioral Health and the Committee of Interns and Residents, Service Employees International Union, CTW, CLC Approval Resolution of 2023.” The proposed resolution will approve a collective bargaining agreement between the Department of Behavioral Health (DBH) and the Committee of Interns and Residents, Service Employees International Union, CTW, CLC (CIR) covering approximately 38 interns and residents employed by DBH. The agreement provides for a 6 % wage increase for Fiscal Year 2024, a 5% wage increase for Fiscal Year 2025, and a 5% wage increase for Fiscal Year 2026. Pursuant to the Agreement, the annual on-call allowance for program year three residents will increase from $500 to $1,000. The annual allowance for books and education expenses will increase from $1,000 to $1,250. The one-time payment for program year 1 employees will increase, beginning in July 2024, from $2,000 to $2,500. New reimbursements are available for the costs of renewing medical training licenses annually, the application costs for one medical licensure fee, and visa renewal fees for foreign medical graduates. The agreement also provides new benefits of five wellness days annually to each employee, and a $5,000 supplemental behavioral health reimbursement (for which the District will make biweekly contributions to a plan). Sincerely, Muriel Bowser 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ~~ at the request of the Mayor A PROPOSED RESOLUTION IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 17 To approve the negotiated compensation collective bargaining agreement for employees 18 employed by the Department of Behavioral Health who are represented by the Committee 19 of Interns and Residents/Service Employees International Union, CTW, CLC. 20 21 RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 22 resolution may be cited as the "Compensation Agreement Between the Department of Behavioral 23 Health and the Committee of Interns and Residents/Service Employees International Union, 24 CTW, CLC Approval Resolution of 2023". 25 Sec. 2. Pursuant to section 1717(j) of the District of Columbia Government 26 Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. 27 Official Code § 1-617 .17(j)), the Council approves the compensation collective bargaining 28 agreement and related pay schedules between the Department of Behavioral Health and the 29 Committee of Interns and Residents/Service Employees International Union, CTW, CLC, which 30 were transmitted to the Council by the Mayor on _____ , 2023. 31 Sec. 3. Transmittal. 2 The Secretary of the Council shall transmit a copy of this resolution, upon its adoption, to 32 the Committee of Interns and Residents/Service Employees International Union, CTW, CLC, to 33 the Department of Behavioral Health, and to the Mayor. 34 Sec. 4. Fiscal i mpact s tatement. 35 The Council adopts the fiscal impact statement in the committee report as the fiscal 36 impact statement required by section 4a of the General Legislative Procedures Act of 1975, 37 approved October 16, 2006 ( 120 Stat. 2038; D.C. Official Code § 1- 301.47a). 38 Sec. 5. Effective date. 39 This resolution shall take effect immediately. 40 District of Columbia Government Salary Schedule: COMMITTEE OF INTERNS AND RESIDENTS UNION TABLE DEPARTMENT OF MENTAL HEALTH Fiscal Year: 2024 Occupational Group(s): Committee Of Interns and Residents Effective Date: Service Codes: Union/Nonunion: Union CBU Code: SEJ Job Series: 0602, 0680 Pay Plan Schedule: Dental Residents Peoplesoft Salary Plan:DS Medical Officer Psychs Schedule ID: 0035 Medical Officer Psych Residents % Increase: 6.0% Resolution Number: Date of Resolution: FY2023 Grade 1 $63,786 2 $69,110 3 $72,060 4 $76,648 5 $82,807 October 8, 2023 DBH CIR FY24-26 -- DS0035 FY24 District of Columbia Government Salary Schedule: COMMITTEE OF INTERNS AND RESIDENTS UNION TABLE DEPARTMENT OF MENTAL HEALTH Fiscal Year: 2025 Occupational Group(s): Committee Of Interns and Residents Effective Date: Service Codes: Union/Nonunion: Union CBU Code: SEJ Job Series: 0602, 0680 Pay Plan Schedule: Dental Residents Peoplesoft Salary Plan:DS Medical Officer Psychs Schedule ID: 0035 Medical Officer Psych Residents % Increase: 5.0% Resolution Number: Date of Resolution: FY2023 Grade 1 $66,976 2 $72,565 3 $75,663 4 $80,480 5 $86,947 October 6, 2024 DBH CIR FY24-26 -- DS0035 FY25 District of Columbia Government Salary Schedule: COMMITTEE OF INTERNS AND RESIDENTS UNION TABLE DEPARTMENT OF MENTAL HEALTH Fiscal Year: 2026 Occupational Group(s): Committee Of Interns and Residents Effective Date: Service Codes: Union/Nonunion: Union CBU Code: SEJ Job Series: 0602, 0680 Pay Plan Schedule: Dental Residents Peoplesoft Salary Plan:DS Medical Officer Psychs Schedule ID: 0035 Medical Officer Psych Residents % Increase: 5.0% Resolution Number: Date of Resolution: FY2023 Grade 1 $70,325 2 $76,193 3 $79,446 4 $84,504 5 $91,295 October 5, 2025 DBH CIR FY24-26 -- DS0035 FY26 1 COMPENSATION COLLECTIVE BARGAINING AGREEMENT BETWEEN DISTRICT OF COLUMBIA GOVERNMENT DEPARTMENT OF BEHAVIORAL HEALTH AND COMMITTEE OF INTERNS AND RESIDENTS/ SERVICE EMPLOYEES INTERNATIONAL UNION, CTW, CLC (CIR/SEIU) EFFECTIVE October 1, 2023 through September 30, 2026 2 All of the terms and conditions in the current Collective Bargaining Agreement shall remain in full force and effect unless expressly modified by the final agreement in these negotiations. ARTICLE I PAY SECTION A — PAY INCREASES Fiscal Year 2024 Effective the first day of the first full pay period beginning on or after October 1, 2023, the FY 2024 salary schedules of employees employed by the Government of the District of Columbia Department of Behavioral Health and represented by the Committee of Interns and Residents/Service Employees International Union, CTW, CLC, as certified by the Public Employee Relations Board (PERB) shall be adjusted by 6%. Fiscal Year 2025 Effective the first day of the first full pay period beginning on or after October 1, 2024, the FY 2025 salary schedules of employees employed by the Government of the District of Columbia Department of Behavioral Health and represented by the Committee of Interns and Residents/Service Employees International Union, CTW, CLC, as certified by PERB shall be adjusted by 5%. Fiscal Year 2026 Effective the first day of the first full pay period beginning on or after October 1, 2025, the FY 2026 salary schedules of employees employed by the Government of the District of Columbia Department of Behavioral Health and represented by the Committee of Interns and Residents/Service Employees International Union, CTW, CLC, as certified by PERB shall be adjusted by 5%. SECTION B — ON-CALL ALLOWANCE Post-Graduate Year [PGY] I, II, and III shall receive an annual on-call allowance of $1000. PGY IV, Chief Residents, and Dental Residents will receive an on-call allowance of $500 on or after the first full pay period of each fiscal year. Upon implementation of evening and/or overnight on-call, management will provide House Staff Officers assigned to St. Elizabeths campus with access to a refrigerator, microwave, and a vending machine with microwaveable meals, deli sandwiches, water, juices, and sodas. House staff Officers assigned for evening and/or overnight call at St. Elizabeth's will have these items provided to them in the on-call room. 3 SECTION C — CREDIT FOR PRIOR EXPERIENCE Bargaining unit employees shall be provided credit for prior accredited experience when determining their appropriate pay level. The credit shall be equivalent to the pay level of a PGY II. No bargaining unit employee shall be placed at a level higher than a PGY VI level. SECTION D — CHIEF RESIDENT DIFFERENTIAL (CRD) Bargaining unit employees appointed to act as Chief Resident shall be compensated at a pay level one step higher than their regularly scheduled base rate of pay. The Chief Resident differential shall be pro-rated for employees serving as Chief Resident for less than a full year. The differential shall be in addition to basic pay and shall not constitute an increase in basic pay nor shall it be construed to constitute any portion of basic pay for any purpose. The Chief Resident differential shall be provided on a pay period basis. The number of Chief Residents, assignments to the position of Chief Resident, and removal of employees from the position of Chief Resident is a Program Director's decision and shall not be subject to the negotiated grievance procedure or any other administrative mechanism, except that the removal of a Chief Resident may be appealed up to the appropriate Associate Director. SECTION E — SELECTION OF CHIEF RESIDENTS The Department of Psychiatry intends to select Chief Residents on or before May 15 of each year. The Program director of the Department shall solicit resident preferences for Chief Resident two weeks prior to the date of selection. SECTION F — EDUCATION AND TRAINING ALLOWANCE Provided all criteria listed in, Article VIII, Administration of Leave, Section 5(B) of the non-compensation collective bargaining agreement between the parties are met, the Employer will reimburse each employee for costs expended for education and training, up to a maximum of $500 per residency program year. In addition, if an employee presents materials at a professional conference, the employee may be reimbursed up to a maximum of $1,850 per residency program year. No more than six (6) presenters will be eligible for reimbursement in any given resident program year. When grant funding is available, the Employer may exceed the limit of six (6) presenters and reimburse more than six (6) presenters for reimbursement up to a maximum of $1,850 per residency program year. The Program Director will decide if the presentation meets the standard for scholarly activity to be eligible for reimbursement. The funding and reimbursements through grant funding will be based on availability and Program Director discretion. In addition, employees shall receive $1,250 per residency program year for books and educational materials. 4 SECTION H — NEW RESIDENT DIFFERENTIAL Effective July 1, 2024, on or before the employee’s third paycheck, the Employer will provide each PGY 1 employee with a $2,500 payment, minus applicable payroll deductions and withholdings. SECTION I — COMPREHENSIVE PSYCHIATRIC EMERGENCY PROGRAM [CPEP] MOONLIGHTING Effective after final approval of this Agreement, the rate of pay for all work done while Moonlighting at CPEP shall be one hundred dollars ($100) per hour for licensed residents. Any annual leave, sick leave, bereavement leave, administrative leave or other leaves governed by this Agreement taken over a given pay period shall in no way impact this rate. ARTICLE II REIMBURSEMENTS SECTION A — MEDICAL TRAINING LICENSE The Employer shall reimburse each bargaining unit employee the costs of the renewal fee for their Medical Training License each year. SECTION B — MEDICAL LICENSURE The Employer shall reimburse each bargaining unit employee the application costs for up to one medical licensure fee. SECTION C — TRAVEL AND PARKING The Employer shall reimburse each bargaining unit employee approved for travel and parking consistent with DMH policy. The rate shall be the approved Federal Government rate. SECTION D — EDUCATIONAL COMMISSION FOR FOREIGN MEDICAL GRADUATES ANNUAL APPLICATION FEE FOR J1 VISA RENEWAL The Employer shall reimburse each bargaining unit employee responsible for paying the Educational Commission for Foreign Medical Graduates annual application fee the full cost of that fee. 5 ARTICLE III UNIFORMS The Employer shall provide adequate scrubs and fluid resistant lab jackets to the House Staff. ARTICLE IV LEAVE TIME ACCRUAL SECTION A — ANNUAL AND SICK LEAVE Employees shall accrue and be eligible to utilize annual and sick leave in accordance with applicable DMH personnel rules and regulations. Reimbursement or credit for unused leave shall be in accordance with applicable DMH rules and regulations. SECTION B — WELLNESS DAYS In recognition of the unusual and long hours worked by bargaining unit employees, the Employer shall provide each employee with five (5) wellness days at the start of each academic year. Wellness days shall be scheduled consistent with Article VIII, Administration of Leave, of the non-compensation collective bargaining agreement between the parties. There shall be no carryover or payment for any wellness days when residents leave the program. ARTICLE V HOLIDAYS SECTION A Employees working during their regular tour of duty shall receive all District of Columbia government recognized Holidays. Employees who are assigned to work their regular tour of duty on a District Holiday, for example Emancipation Day, at sites that do not recognize such District holidays shall have the right to reschedule an in- lieu day for the District holiday. Also, the Residents working during their regular tour of duty on the internal medicine rotation at George Washington University Hospital (GW) and UM Prince George’s Hospital Center (PG), as well as Residents on the night float at Saint Elizabeths, who do not get holidays, will also have the right to reschedule an in-lieu day for any holidays worked during these internal medicine rotations and night float regular tours. SECTION B This provision does not apply to employees scheduled to be on call on holidays at any site. SECTION C In-lieu of days must be scheduled at a later date up to five (5) months after the occurrence of the holiday as provided in (a) above. When a Resident works on a 6 holiday during their regular tour of duty on the internal medicine rotation at George Washington (GW) and Prince Georges (PG), the in-lieu of day(s) must be scheduled at a later date up to six (6) months after the end of such medicine rotations. There shall be no carryover or payment for any unused in-lieu of days when residents leave the program. ARTICLE VI METROPASS/SMARTRIP The Employer shall subsidize the cost of monthly transit passes by not less than fifty dollars ($50.00) per month for employees who purchase and use such passes to commute to and from work. The metro transit benefit will roll over from month to month for employees who access the benefit. Any benefit not accessed by the end of the calendar year will revert back to the District of Columbia government. ARTICLE VII SUPPLEMENTAL BEHAVIORAL HEALTH Effective January 1st 2024, the Employer shall make monthly contributions for the purpose of providing a Supplemental Behavioral Health benefit for each Employee to the House Staff Benefits Plan (HSBP) on the first day of each month. The HSBP will provide a $5,000 Supplemental Behavioral Health Reimbursement benefit per eligible Employee or dependent per HSBP benefit plan year, which is July to June. The Supplemental Reimbursement is processed through the CIR Benefits Office. Effective on the dates noted below, the Employer shall contribute the specified monthly sums to the HSBP for each Employee for the purpose of providing the covered benefits to the Employees and their eligible dependents in the HSBP. Effective January 1, 2024 - $28.02 Effective January 1, 2025 - $29.07 Effective January 1, 2026 - $31.48 ARTICLE VIII DURATION OF AGREEMENT This Agreement shall be effective as of October 1, 2023 and shall remain in full force and effect until September 30, 2026. All Fiscal terms and conditions contained in this contract shall become effective as of October 1, 2023, unless otherwise stated in individual Contract articles. It shall be automatically renewed from year to year thereafter unless either party serves a written demand to bargain upon the other party during the period 120 days to 90 days prior to the first day of the fiscal year, for purposes of negotiating a compensation agreement for the subsequent fiscal year (e.g., provide notice 120 days to 90 days prior to the first day of the Fiscal Year 2026 for purposes of negotiating a compensation agreement 7 for Fiscal Year 2027). In the event that such notice is given, this Agreement shall remain in full force and effect during the period of any negotiations. IN WITNESS WHEREOF, the undersigned, duly authorized parties, have affixed their signatures. FOR THE DISTRICT OF COLUMBIA FOR THE UNION _________________________________ ________________________________ Barbara Bazron, Ph.D. Susan Naranjo Director, DBH CIR/SEIU Executive Director _____________________________ ______________________________ E. Lindsey Maxwell II Russell Warburton Director CIR/SEIU NJ/DC Regional Director Office of Labor Relations & Collective Bargaining _________________________________ Mark J. Chastang Chief Executive Officer Saint Elizabeths Hospital _________________________________ Michael Kentoff Supervisory Attorney Advisor Office of Labor Relations & Collective Bargaining 8 _________________________________ Cynthia Hawkins Interim Director, Human Resources, DBH _________________________________ Farooq Mohyuddin, MD Program Director Psychiatry Residency Training Program Saint Elizabeths Hospital _________________________________ Debra Allen-Williams, Esq. Human Resources Specialist, Labor and Employee Relations, DBH 9 APPROVAL The compensation collective bargaining agreement between the District of Columbia Government and the Committee of Interns and Residents/Service Employees International Union, CTW, CLC, dated ________________________, 2023 has been reviewed in accordance with Section 1-617.17 of the District of Columbia Comprehensive Merit Personnel Act of 1978, D. C. Official Code (2016 Repl.) and is hereby approved on this _____ day of ______________, 2023. ___________________________ Muriel Bowser Mayor 10 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: October 26, 2023 SUBJECT: Fiscal Impact Statement – Compensation Agreement Between the Department of Behavioral Health and the Committee of Interns and Residents/Service Employees International Union, CTW, CLC Approval Resolution of 2023 REFERENCE: Draft Resolution as provided to the Office of Revenue Analysis on August 28, 2023 Conclusion Funds are sufficient in the fiscal year 2024 through fiscal year 2027 budget and financial plan to implement the bill. The resolution will cost $159,000 in fiscal year 2024 and a total of $1.4 million from fiscal year 2024 through fiscal year 2027. Of this amount, $136,000 is included in the financial plan for personnel costs and the remainder of the funding is available in the Workforce Investments Account 1. Background The resolution approves a compensation agreement between the Government of the District of Columbia Department of Behavioral Health (DBH) and the Committee of Interns and Residents, Service Employees International Union, CTW, CL. The agreement covers approximately 38 DBH positions with an average base salary of $66,000. It is in effect from October 1, 2023 through September 30, 2026. The agreement provides the following pay increases: • In FY 2024, an increase in the salary schedule of 6%; • In FY 2025, an increase in the salary schedule of 5%; and • In FY 2026, an increase in the salary schedule of 5%. 1 As authorized by D.C. Official Code § 47–368.07. See Operating Budget Chapter for Agency UP0 (https://cfo.dc.gov/node/1651251) for more detail. The Honorable Phil Mendelson FIS: Compensation Agreement Between the Department of Behavioral Health and the Committee of Interns and Residents/Service Employees International Union, CTW, CLC Approval Resolution of 2023, Draft Resolution as Provided to the Office of Revenue Analysis, August 28, 2023 Page 2 of 2 The annual on-call allowance for program year three residents will increase from $500 to $1,000. The annual allowance for books and education expenses will increase from $1,000 to $1,250. The one-time payment for program year 1 employees will increase, beginning in July 2024, from $2,000 to $2,500. New reimbursements are available for the costs of renewing medical training licenses annually, the application costs for one medical licensure fee, and visa renewal fees for foreign medical graduates. The agreement provides new benefits of five wellness days annually to each employee, and a $5,000 supplemental behavioral health reimbursement (for which the District will make biweekly contributions to a plan). Financial Plan Impact Funds are sufficient in the fiscal year 2024 through fiscal year 2027 budget and financial plan to implement the bill. The resolution will cost $159,000 in fiscal year 2024 and a total of $1.4 million from fiscal year 2024 through fiscal year 2027. Of this amount, $136,000 is included the financial plan for personnel costs and the remainder of the funding is available in the Workforce Investments Account 2. Compensation Agreement Between the Department of Behavioral Health and the Committee of Interns and Residents/Service Employees International Union, CTW, CLC Approval Resolution of 2023 Implementation Costs Effective Through FY2026 ($ thousands) FY 2024 FY 2025 (a) FY 2026 (a) FY 2027 (a) Total Cost of Base Salary Increases (a) $134 $252 $376 $420 $1,182 Increased Fringe Cost (b) $17 $32 $48 $53 $150 Additional Benefits Cost $8 $11 $37 $28 $85 TOTAL COST (c) $159 $295 $461 $501 $1,416 Less: Funds available in the Financial Plan (d) ($0) ($44) ($45) ($46) ($136) Cost to be covered by Workforce Investments Account $159 $251 $415 $455 $1,280 Table Notes (a) Assumes salaries grown by 1.7 percent in fiscal years 2025 through 2027. (b) Assumes salary increases lead to additional fringe costs equal to 12.65 percent of increases. (c) Costs are 100 percent Local Funds. (d) Increases built into the financial plan are used toward the cost of the agreement. 2 D.C. Official Code § 47–368.07. 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: Tommy Wells Director Office of Policy and Legislative Affairs FROM: Megan D. Browder Deputy Attorney General Legal Counsel Division DATE: August 21, 2023 RE: Compensation Agreement Between the Department of Behavioral Health and the Committee of Interns and Residents/Service Employees International Union, CTW, CLC Approval Resolution of 2023 (AE-23-365) _____________________________________________________________________________________ This is to Certify that the Office of the Attorney General has reviewed the legislation entitled the “Compensation Agreement Between the Department of Behavioral Health and the Committee of Interns and Residents/Service Employees International Union, CTW, CLC Approval Resolution of 2023” 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