District of Columbia v. American Federation of Government Employees, Local 1403
2011 D.C. App. LEXIS 218
D.C.2011Background
- AFGE represents the District of Columbia Office of the Attorney General line attorneys under a non-compensation CBA that expired in 2007.
- Three disputed non-compensation articles (promotion priorities, discipline, performance grievance/arbitration) could not be resolved, prompting PERB impasse procedures.
- PERB ordered interest arbitration; Arbitrator McKissick issued an award in AFGE's favor on September 27, 2008.
- AFGE sought to enforce the award in Superior Court under the Uniform Arbitration Act after the District refused to sign the CBA.
- Superior Court entered an order enforcing the award and declaring the CBA final; the District appealed.
- Mayor Fenty later disapproved parts of the CBA and required resubmission for legal conformity, leaving contested provisions unresolved.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| CMPA precludes Arbitration Act relief? | District argues CMPA preempts UAA relief. | AFGE maintains UAA relief is available. | CMPA precludes enforcement under the Arbitration Act. |
| Does PERB have exclusive jurisdiction over CMPA arbitration awards? | District contends Superior Court jurisdiction. | AFGE seeks court enforcement under CMPA framework. | PERB has exclusive jurisdiction over CMPA arbitration enforcement. |
| Is Superior Court jurisdiction proper for CMPA interest arbitration? | Court lacked subject-matter jurisdiction because CMPA governs remedies. | AFGE relied on existing court authority to confirm awards. | Superior Court lacks jurisdiction; must dismiss the application. |
| Do Vaughn or FOP controls govern interest vs grievance awards? | AFGE relies on Vaughn; distinguishing interest vs grievance awards. | District relies on Vaughn; contends distinction controls. | FOP-based reasoning extends to interest awards; distinction not dispositive. |
Key Cases Cited
- District of Columbia Metro. Police Dep't v. Fraternal Order of Police/Metro. Police Dep't Labor Comm., 997 A.2d 65 (D.C. 2010) (CMPA grants PERB exclusive authority over CMPA arbitration awards)
- FOP, 997 A.2d 65 (D.C. 2010) (perb exclusive jurisdiction; CMPA precludes Arbitration Act relief)
- Vaughn, 553 A.2d 1222 (D.C. 1989) (appeals from arbitration awards under CMPA; distinguishes grievance vs interest)
- Grad v. Wetherholt Galleries, 660 A.2d 903 (D.C. 1995) (arbitrator authority derives from consent of the parties)