2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XVII - Labor-Management Relations › § 1–617.08. Management rights; matters subject to collective bargaining

§ 1–617.08. Management rights; matters subject to collective bargaining.
(a) The respective personnel authorities (management) shall retain the sole right, in accordance with applicable laws and rules and regulations:
(1) To direct employees of the agencies;
(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.
(a-1) An act, exercise, or agreement of the respective personnel authorities (management) shall not be interpreted in any manner as a waiver of the sole management rights contained in subsection (a) of this section.
(b) All matters shall be deemed negotiable except those that are proscribed by this subchapter. Negotiations concerning compensation are authorized to the extent provided in § 1-617.16.
(c)(1) All matters pertaining to the discipline of sworn law enforcement personnel shall be retained by management and not be negotiable through bargaining, including substantive or impacts-and-effects bargaining.
(2) This subsection shall apply to any collective bargaining agreements entered into with the Fraternal Order of Police/Metropolitan Police Department Labor Committee after September 30, 2020, and to any collective bargaining agreements automatically renewed on or after September 30, 2020.
(Mar. 3, 1979, D.C. Law 2-139, § 1708, 25 DCR 5740; Apr. 12, 2005, D.C. Law 15-334, § 2(b), 52 DCR 2012; Apr. 21, 2023, D.C. Law 24-345, § 116(b), 70 DCR 7904.)
Prior Codifications
1981 Ed., § 1-618.8.
1973 Ed., § 1-347.8.
Section References
This section is referenced in § 1-608.01, § 1-624.08, and § 7-1703.02.
Effect of Amendments
D.C. Law 15-334 rewrote subsec. (a)(5); and added subsec. (a-1). Prior to amendment, subsec. (a)(5) read as follows: “(5) To determine the mission of the agency, its budget, its organization, the number of employees, and the number, types, and grades of positions of employees assigned to an organizational unit, work project, or tour of duty, and the technology of performing its work; or its internal security practices; and”.
Cross References
Places of employment, written smoking policy, see § 7-1703.02.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 114 of Comprehensive Policing and Justice Reform Emergency Amendment Act of 2023 (D.C. Act 25-61, Mar. 24, 2023, 70 DCR 3820).
For temporary (90 days) amendment of this section, see § 116 of Comprehensive Policing and Justice Reform Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-454, June 28, 2022, 69 DCR 007767).
For temporary (90 days) amendment of this section, see § 116 of Comprehensive Policing and Justice Reform Emergency Amendment Act of 2022 (D.C. Act 24-370, Apr. 7, 2022, 0 DCR 0).
For temporary (90 days) amendment of this section, see § 116 of Comprehensive Policing and Justice Reform Emergency Amendment Act of 2021 (D.C. Act 24-128, July 29, 2021, 68 DCR 007656).
For temporary (90 days) amendment of this section, see § 116 of Comprehensive Policing and Justice Reform Emergency Amendment Act of 2021 (D.C. Act 24-76, May 3, 2021, 68 DCR 004935).
For temporary (90 days) amendment of this section, see § 116 of Comprehensive Policing and Justice Reform Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-437, Oct. 28, 2020, 67 DCR 12993).
For temporary (90 days) amendment of this section, see § 116 of Comprehensive Policing and Justice Reform Second Emergency Amendment Act of 2020 (D.C. Act 23-336, July 22, 2020, 67 DCR 9148).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 116 of Comprehensive Policing and Justice Reform Temporary Amendment Act of 2022 (D.C. Law 24-149, Aug. 12, 2022, 69 DCR 007767).
For temporary (225 days) amendment of this section, see § 116 of Comprehensive Policing and Justice Reform Temporary Amendment Act of 2021 (D.C. Law 24-23, Sept. 3, 2021, 68 DCR 005837).
For temporary (225 days) amendment of this section, see § 116 of Comprehensive Policing and Justice Reform Second Temporary Amendment Act of 2020 (D.C. Law 23-151, Dec. 3, 2020, 67 DCR 9920).
Editor's Notes
Compensation of Members of Boards and Commissions Emergency Disapproval Resolution of 1993: Pursuant to Resolution 10-122, effective August 6, 1993, the Council disapproved, on an emergency basis, rules to implement § 1108 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978.