527 IMPASSE RESOLUTION PROCEEDINGS:

NONCOMPENSATION NEGOTIATIONS

527.1 Upon receipt of a request for impasse resolution concerning terms and conditions of employment other than compensation, or upon its own motion, the Executive Director may declare an impasse when the following has occurred:

(a) After a reasonable period of negotiations, further negotiation appears to be unproductive; or

(b) An impasse is declared in compensation negotiations covering the same employees as the terms and conditions negotiations.

527.2 A request for resolution of an impasse concerning terms and conditions of employment other than compensation must include the following:

(a) The name of the chief negotiator for each party;

(b) The expiration date of the existing collective bargaining agreement (if any);

(c) A description of the unit affected by the impasse, including the approximate number of employees in the unit;

(d) The date when negotiations commenced and the date of the last meeting; and

(e) The nature of the matters in dispute and any other relevant facts, including a list of specific demands upon which impasse has been reached.

527.3 Upon receipt of a request for impasse resolution procedures for noncompensation matters, the Executive Director must initiate an informal inquiry. If the Executive Director determines that the parties have reached an impasse, despite diligent efforts, the Executive Director must consult with the parties regarding their choice of impasse resolution procedures. These include mediation, fact-finding, and arbitration, either exclusively or some combination thereof. The parties may decide, by mutual agreement, to engage in any of the impasse resolution procedures outlined in D.C. Official Code §§ 1-617.02(c) and 1-617.17(f)(3A) (2016 Repl.).

527.4 If the parties are unable to agree on the type of impasse resolution procedures to be utilized, the Executive Director will appoint a mediator.

527.5 If the parties are unable to agree upon a mediator, the Executive Director must

appoint one or request that the Federal Mediation and Conciliation Service provide one.

527.6 Any information disclosed by the parties to a mediator, including all records, reports and documents prepared or received by the mediator in the performance of mediation duties is confidential.

527.7 The Executive Director may direct fact-finding using the following procedures:

1. (a) The parties may jointly request the assignment of a specific fact-finder or fact-finder arb or designate the mediator to serve as the fact-finder or as a member of a fact-finding panel;
2. (b) If the parties are unable to make a selection from a list supplied by the Executive Director, the Executive Director must assign a fact-finder;
3. (c) The fact-finder must review the positions of the parties with a view toward focusing attention on the issues in dispute and resolving differences as to facts;
4. (d) The fact-finder must meet with the parties within seven (7) days after appointment, hold conferences and hearings, if necessary, to facilitate the fact-finding process, and take any other steps necessary to investigate and to effect settlement of the impasse through fact-finding;
5. (e) The fact-finder must make a written report of findings of fact and recommendations for resolution of the impasse. The Board may set a deadline for the submission of the report, which must be submitted confidentially to the parties and to the Board, unless the parties resolve the dispute before the submission of the written report; and
6. (f) If the parties are unable to resolve the dispute within seven (7) days after the Board receives the report and recommendations, the Board may make the report and recommendations public using the news media or other appropriate means.

527.8 Upon joint request of the parties, the Executive Director may appoint an arbitrator to resolve the impasse. The parties may jointly request the assignment of a particular arbitrator, or the use of a particular arbitrator selection service. The parties may request as an arbitrator for noncompensation matters, an arbitrator or Board of Arbitration currently appointed to consider compensation matters at impasse between the parties.

527.9 If the parties do not make a recommendation, an arbitrator will be selected in the

following manner:

(a) The Executive Director must submit to the parties a list of at least five (5) names of arbitrators.

(b) The parties must confer in person or by telephone and select an arbitrator by means of alternate striking of names from the list until one remains.

(c) The parties must give the remaining name to the Executive Director, who will appoint that individual as the arbitrator.

(d) If the appointed arbitrator declines or is unable to serve, the above process will be repeated.

527.10 No later than seven (7) days after appointment, the arbitrator and the parties, with the assistance of the Executive Director, if necessary, must jointly select a date, time, and place for the hearing.

527.11 Arbitration awards must be in writing and signed by the arbitrator and must be served on the parties no later than forty-five (45) days after the arbitrator has been appointed, unless otherwise agreed to by the parties. A statement of the arbitrator's fee and expenses must be submitted with the award.

527.12 Fact-finding or arbitration proceedings directed by the Board may proceed in the absence of any party who, after due notice, fails to be present and fails to obtain an adjournment.

SOURCE: Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015); as amended by Final Rulemaking published at 67 DCR 4508 (April 24, 2020).