reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XV-A - Whistleblower Protection › § 1–615.51. Findings and declaration of purpose

§ 1–615.51. Findings and declaration of purpose.
The Council finds and declares that the public interest is served when employees of the District government are free to report waste, fraud, abuse of authority, violations of law, or threats to public health or safety without fear of retaliation or reprisal. Accordingly, the Council declares as its policy to:
(1) Enhance the rights of District employees to challenge the actions or failures of their agencies and to express their views without fear of retaliation through appropriate channels within the agency, complete and frank responses to Council inquiries, free access to law enforcement officials, oversight agencies of both the executive and legislative branches of government, and appropriate communication with the public;
(2) Ensure that acts of the Council enacted to protect individual citizens are properly enforced;
(3) Provide new rights and remedies to guarantee and ensure that public offices are truly public trusts;
(4) Hold public employees personally accountable for failure to enforce the laws and for negligence in the performance of their public duties;
(5) Ensure that rights of employees to expose corruption, dishonesty, incompetence, or administrative failure are protected;
(6) Guarantee the rights of employees to contact and communicate with the Council and be protected in that exercise;
(7) Protect employees from reprisal or retaliation for the performance of their duties; and
(8) Motivate employees to do their duties justly and efficiently.
(Mar. 3, 1979, D.C. Law 2-139, § 1551; as added Oct. 7, 1998, D.C. Law 12-160, § 102(c), 45 DCR 5147.)
Prior Codifications
1981 Ed., § 1-616.11.
Section References
This section is referenced in § 2-534.
Emergency Legislation
For temporary addition of subchapter, see § 102(c) of the Whistleblower Reinforcement Emergency Amendment Act of 1998 (D.C. Act 12-400, July 13, 1998, 45 DCR 5158) and § 102(c) of the Whistleblower Reinforcement Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-464, October 28, 1998, 45 DCR 7821).
Editor's Notes
For whistleblower protection for employees of contracts and instrumentalities, see § 2-223.01 et seq.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XV-A - Whistleblower Protection › § 1–615.53. Prohibitions

§ 1–615.53. Prohibitions.
(a) A supervisor shall not take, or threaten to take, a prohibited personnel action or otherwise retaliate against an employee because of the employee’s protected disclosure or because of an employee’s refusal to comply with an illegal order.
(b) Except in cases where the communication would be unlawful, a person shall not interfere with or deny the right of employees, individually or collectively, to furnish information to the Council, a Council committee, or a Councilmember.
(Mar. 3, 1979, D.C. Law 2-139, § 1553; as added Oct. 7, 1998, D.C. Law 12-160, § 102(c), 45 DCR 5147; Mar. 11, 2010, D.C. Law 18-117, § 2(b), 57 DCR 896.)
Prior Codifications
1981 Ed., § 1-616.13.
Section References
This section is referenced in § 1-615.54 and § 1-615.55.
Effect of Amendments
D.C. Law 18-117 rewrote the section, which had read as follows: “A supervisor shall not threaten to take or take a prohibited personnel action or otherwise retaliate against an employee because of the employee’s protected disclosure or because of an employee’s refusal to comply with an illegal order.”
Emergency Legislation
For temporary addition of subchapter, see note to § 1-615.51.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XV-A - Whistleblower Protection › § 1–615.55. Disciplinary actions; fine

§ 1–615.55. Disciplinary actions; fine.
(a) As part of the relief ordered in an administrative, arbitration or judicial proceeding, any person who is found to have violated § 1-615.53 or § 2-223.02 shall be subject to appropriate disciplinary action including dismissal.
(b) As part of the relief ordered in a judicial proceeding, any person who is found to have violated § 1-615.53 or § 2-223.02 shall be subject to a civil fine not to exceed $10,000.
(Mar. 3, 1979, D.C. Law 2-139, § 1555; as added Oct. 7, 1998, D.C. Law 12-160, § 102(c), 45 DCR 5147; Mar. 11, 2010, D.C. Law 18-117, § 2(d), 57 DCR 896.)
Prior Codifications
1981 Ed., § 1-616.15.
Effect of Amendments
D.C. Law 18-117 rewrote the section, which had read as follows: “(a) As part of the relief ordered in an administrative, arbitration or judicial proceeding, any supervisor, including any manager, department director, or other District official, who is found to have violated § 1-615.53 shall be subject to appropriate disciplinary action including dismissal. (b) As part of the relief ordered in a proceeding, any supervisor who is found to have violated § 1-615.53 shall be subject to a civil fine not to exceed $1000.”
Emergency Legislation
For temporary addition of subchapter, see note to § 1-616.51.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XV-A - Whistleblower Protection › § 1–615.56. Election of remedies

§ 1–615.56. Election of remedies.
(a) The institution of a civil action pursuant to § 1-615.54 shall preclude an employee from pursuing any administrative remedy for the same cause of action from the Office of Employee Appeals or from an arbitrator pursuant to a negotiated grievance and arbitration procedure or an employment contract.
(b) An employee may bring a civil action pursuant to § 1-615.54 if the aggrieved employee has had a final determination on the same cause of action from the Office of Employee Appeals or from an arbitrator pursuant to a negotiated grievance and arbitration procedure or an employment contract.
(c) Except as provided in subsections (a) and (b) of this section, nothing in this subchapter shall diminish the rights and remedies of an employee pursuant to any other federal or District law.
(Mar. 3, 1979, D.C. Law 2-139, § 1556; as added Oct. 7, 1998, D.C. Law 12-160, § 102(c), 45 DCR 5147; Apr. 12, 2000, D.C. Law 13-91, § 109(b), 47 DCR 520; Mar. 11, 2010, D.C. Law 18-117, § 2(e), 57 DCR 896.)
Prior Codifications
1981 Ed., § 1-616.16.
Effect of Amendments
D.C. Law 13-91 validated a previously made technical amendment in subsec. (c).
D.C. Law 18-117, in subsec. (b), substituted “An employee may bring a civil action” for “No civil action shall be brought”.
Emergency Legislation
For temporary addition of subchapter, see note to § 1-615.51.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XV-A - Whistleblower Protection › § 1–615.57. Posting of notice

§ 1–615.57. Posting of notice.
The District shall conspicuously display notices of employee protections and obligations under this subchapter in each personnel office and in other public places, and shall use all other appropriate means to keep all employees informed, including but not limited to the inclusion of annual notices of employee protections and obligations under this subchapter with employee tax reporting documents and in a letter provided to employees upon commencement of employment.
(Mar. 3, 1979, D.C. Law 2-139, § 1557; as added Oct. 7, 1998, D.C. Law 12-160, § 102(c), 45 DCR 5147; Apr. 12, 2000, D.C. Law 13-91, § 109(c), 47 DCR 520; Mar. 11, 2010, D.C. Law 18-117, § 2(f), 57 DCR 896.)
Prior Codifications
1981 Ed., § 1-616.17.
Effect of Amendments
D.C. Law 13-91 validated a previously made technical amendment.
D.C. Law 18-117 substituted “reporting documents and in a letter provided to employees upon commencement of employment” for “reporting documents”.
Emergency Legislation
For temporary addition of subchapter, see note to § 1-615.51.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XV-A - Whistleblower Protection › § 1–615.58a. Salary restriction for interfering with Council whistleblowers

§ 1–615.58a. Salary restriction for interfering with Council whistleblowers.
District funds shall not be available for the payment of the salary of any officer or employee of the District who:
(1) Prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the District from having any direct oral or written communication or contact with any member, committee, or subcommittee of the Council in connection with any matter pertaining to the employment of the other officer or employee or pertaining to the department or agency of the other officer or employee in any way, irrespective of whether the communication or contact is at the initiative of the other officer or employee or in response to the request or inquiry of the member, committee, or subcommittee, of the Council except where the communication or contact would be unlawful; or
(2) Removes; suspends from duty without pay; demotes; reduces in rank, seniority, status, pay, or performance rating; denies promotion to; relocates; reassigns; transfers; disciplines; or discriminates in regard to any employment right, entitlement, or benefit, or any term or condition of employment, of any other officer or employee of the District, or attempts or threatens to commit any of the foregoing actions with respect to the other officer or employee, by reason of any communication or contact of the other officer or employee with any member, committee, or subcommittee of the Council as described in paragraph (1) of this section.
(Mar. 3, 1979, D.C. Law 2-139, § 1558a; as added Mar. 11, 2010, D.C. Law 18-117, § 2(g), 57 DCR 896.)
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XV-A - Whistleblower Protection › § 1–615.59. Applicability

§ 1–615.59. Applicability.
This subchapter shall apply to actions taken after July 13, 1998.
(Mar. 3, 1979, D.C. Law 2-139, § 1559; as added Oct. 7, 1998, D.C. Law 12-160, § 102(c), 45 DCR 5147.)
Prior Codifications
1981 Ed., § 1-616.19.
Emergency Legislation
For temporary addition of subchapter, see note to § 1-615.51.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XVI - Adverse Actions; Grievances. [Repealed] › § 1–616.01. Adverse actions. [Repealed]

§ 1–616.01. Adverse actions. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 1601, 25 DCR 5740; Sept. 26, 1980, D.C. Law 3-109, § 4(a), 27 DCR 3785; Sept. 5, 1985, D.C. Law 6-19, § 14(a), 32 DCR 3590; Feb. 24, 1987, D.C. Law 6-177, § 3(t), 33 DCR 7241; Mar. 24, 1990, D.C. Law 8-98, § 2, 37 DCR 1058; May 15, 1990, D.C. Law 8-128, § 2(a), 37 DCR 2099; Aug. 1, 1996, D.C. Law 11-152, § 302(s), 43 DCR 2978; June 10, 1998, D.C. Law 12-124, § 101(r), 45 DCR 2464.)
Prior Codifications
1981 Ed., § 1-617.1.
1973 Ed., § 1-346.1.
Cross References
Office of police complaints, authority, complaint processing procedures, see § 5-1107.
Office of police complaints, referral to the United States Attorney, see § 5-1109.
Procurement, criteria for Council review of multiyear contracts and contracts in excess of $1 million, see § 2-301.05a.
Emergency Legislation
For temporary amendment of § 401 of the Omnibus Personnel Reform Amendment Act of 1998 (D.C. Law 12-124), see § 2 of the Personnel Reform Technical Amendment Emergency Act of 1998 (D.C. Act 12-520, December 4, 1998, 45 DCR 9049).
Editor's Notes
Applicability of § 101(r) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XVI - Adverse Actions; Grievances. [Repealed] › § 1–616.02. Grievances. [Repealed]

§ 1–616.02. Grievances. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 1602, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(u), 33 DCR 7241; May 15, 1990, D.C. Law 8-128, § 2(b), 37 DCR 2099; Aug. 1, 1996, D.C. Law 11-152, § 302(t), 43 DCR 2978; June 10, 1998, D.C. Law 12-124, § 101(r), 45 DCR 2464.)
Prior Codifications
1981 Ed., § 1-617.2.
1973 Ed., § 1-346.2.
See Historical and Statutory Notes following § 1-603.01.
Editor's Notes
Applicability of § 101(r) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998. See note to § 1-616.01.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XVI - Adverse Actions; Grievances. [Repealed] › § 1–616.03. Procedures and appeals. [Repealed]

§ 1–616.03. Procedures and appeals. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 1603, 25 DCR 5740; May 15, 1990, D.C. Law 8-128, § 2(c), 37 DCR 2099; June 10, 1998, D.C. Law 12-124, § 101(r), 45 DCR 2464.)
Prior Codifications
1981 Ed., § 1-617.3.
1973 Ed., § 1-346.3.
Emergency Legislation
See Historical and Statutory Notes following § 1-616.01.
See Historical and Statutory Notes following § 1-603.01.
Editor's Notes
Applicability of § 101(r) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-616.01.
Applicability of § 101(r) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XVI-A - General Discipline and Grievances › § 1–616.52. Disciplinary grievances and appeals

§ 1–616.52. Disciplinary grievances and appeals.
(a) An official reprimand or a suspension of less than 10 days may be contested as a grievance pursuant to § 1-616.53 except that the grievance must be filed within 10 days of receipt of the final decision on the reprimand or suspension.
(b) An appeal from a removal, a reduction in grade, or suspension of 10 days or more may be made to the Office of Employee Appeals. When, upon appeal, the action or decision by an agency is found to be unwarranted by the Office of Employee Appeals, the corrective or remedial action directed by the Office of Employee Appeals shall be taken in accordance with the provisions of subchapter VI of this chapter within 30 days of the OEA decision.
(c) A grievance pursuant to subsection (a) of this section or an appeal pursuant to subsection (b) of this section shall not serve to delay the effective date of a decision by the agency.
(d) Any system of grievance resolution or review of adverse actions negotiated between the District and a labor organization shall take precedence over the procedures of this subchapter for employees in a bargaining unit represented by a labor organization. If an employee does not pay dues or a service fee to the labor organization, he or she shall pay all reasonable costs to the labor organization incurred in representing such employee.
(e) Matters covered under this subchapter that also fall within the coverage of a negotiated grievance procedure may, in the discretion of the aggrieved employee, be raised either pursuant to § 1-606.03, or the negotiated grievance procedure, but not both.
(f) An employee shall be deemed to have exercised their option pursuant to subsection (e) of this section to raise a matter either under the applicable statutory procedures or under the negotiated grievance procedure at such time as the employee timely files an appeal under this section or timely files a grievance in writing in accordance with the provision of the negotiated grievance procedure applicable to the parties, whichever event occurs first.
(Mar. 3, 1979, D.C. Law 2-139, § 1652; as added June 10, 1998, D.C. Law 12-124, § 101(s), 45 DCR 2464; Apr. 12, 2000, D.C. Law 13-91, § 108(b), 47 DCR 520.)
Prior Codifications
1981 Ed., § 1-617.52.
Section References
This section is referenced in § 1-606.07, § 1-616.53, and § 1-616.54.
Effect of Amendments
D.C. Law 13-91 validated previously made technical amendments in subsecs. (d) and (e).
Editor's Notes
Applicability of § 101(s) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-616.51.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XVI-A - General Discipline and Grievances › § 1–616.53. Grievances

§ 1–616.53. Grievances.
(a) The Mayor, the District of Columbia Board of Education, and the Board of Trustees of the University of the District of Columbia shall issue rules and regulations providing procedures for the prompt handling of grievances of employees and applicants for employment. The grievance system shall be made known to all employees and shall provide for an alternative dispute resolution mechanism. The grievance system shall provide for the expeditious adjustment of grievances and complaints.
(b) Except when an employee is grieving a disciplinary action pursuant to § 1-616.52, no employee or applicant shall present a grievance pursuant to this section more than 45 days, not including Saturdays, Sundays, or legal holidays, after the date that the employee knew or should have known of the act or occurrence that is the subject of the grievance.
(Mar. 3, 1979, D.C. Law 2-139, § 1653; as added June 10, 1998, D.C. Law 12-124, § 101(s), 45 DCR 2464.)
Prior Codifications
1981 Ed., § 1-617.53.
Section References
This section is referenced in § 1-603.01 and § 1-616.52.
Editor's Notes
Applicability of § 101(s) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-616.51.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XVII - Labor-Management Relations › § 1–617.02. Labor-management relations program established; contents; impasse resolution

§ 1–617.02. Labor-management relations program established; contents; impasse resolution.
(a) The Public Employee Relations Board (hereinafter in this subchapter referred to as the “Board”) shall issue rules and regulations establishing a labor-management relations program to implement the policy set forth in this subchapter.
(b) The labor-management relations program shall include:
(1) A system for the orderly resolution of questions concerning the recognition of majority representatives of employees;
(2) The resolution of unfair labor practice allegations;
(3) The protection of employee rights as set forth in § 1-617.06;
(4) The right of employees to participate through their duly-designated exclusive representative in collective bargaining concerning terms and conditions of employment as may be appropriate under this chapter and rules and regulations issued pursuant thereto;
(5) The scope of bargaining;
(6) The resolution of negotiation impasses concerning matters appropriate for collective bargaining; and
(7) Any other matters which affect employee-employer relations.
(c) Impasse resolution machinery may include, but need not be limited to, the following:
(1) Mediation;
(2) Fact-finding;
(3) Advisory arbitration;
(4) Request for injunction;
(5) Binding arbitration;
(6) Final best offer binding arbitration; and
(7) Final best offer binding arbitration item by item on noncompensation matters.
(d) If, after a reasonable period of negotiation concerning the terms and conditions of employment to be incorporated in a collective bargaining agreement, further negotiation appears to be unproductive to the Board, an impasse shall be deemed to have occurred. Where deemed appropriate, impasse resolution procedures may be conducted by the Board, its staff or third parties chosen either by the Board or by the mutual concurrence of the parties to the dispute. Impasse resolution machinery may be invoked by either party or on application of the Board. The choice of the form(s) of impasse resolution machinery to be utilized in a particular instance shall be the prerogative of the Board, after appropriate consultation with the interested parties. In considering the appropriate award for each impasse item to be resolved, any third party shall consider at least the following criteria:
(1) Existing laws and rules and regulations which bear on the item in dispute;
(2) Ability of the District to comply with the terms of the award;
(3) The need to protect and maintain the public health, safety and welfare; and
(4) The need to maintain personnel policies that are fair, reasonable, and consistent with the objectives of this chapter.
(Mar. 3, 1979, D.C. Law 2-139, § 1702, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-618.2.
1973 Ed., § 1-347.2.
Section References
This section is referenced in § 1-605.02.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XVII - Labor-Management Relations › § 1–617.03. Standards of conduct for labor organizations

§ 1–617.03. Standards of conduct for labor organizations.
(a) Recognition shall be accorded only to a labor organization that is free from corrupt influences and influences opposed to basic democratic principles. A labor organization must certify to the Board that its operations mandate the following:
(1) The maintenance of democratic provisions for periodic elections to be conducted subject to recognized safeguards and provisions defining and securing the right of individual members to participate in the affairs of the organization, to fair and equal treatment under the governing rules of the organization, and to fair process in disciplinary proceedings;
(2) The exclusion from office in the organization of any person identified with corrupt influences;
(3) The prohibition of business or financial interests on the part of organization officers and agents which conflict with their duty to the organization and its members;
(4) Fair elections; and
(5) The maintenance of fiscal integrity in the conduct of the affairs of the organization, including provision for accounting and financial controls and regular financial reports or summaries to be made available to members.
(b) The Board may accept any of the following as evidence that a labor organization’s operations meet the requirements of subsection (a) of this section:
(1) A statement in writing that the labor organization is a member of the American Federation of Labor-Congress of Industrial Organizations and is governed by and subscribes to the American Federation of Labor-Congress of Industrial Organizations Codes of Ethical Practice;
(2) A copy of the labor organization’s constitution and bylaws which contain explicit provisions covering these standards;
(3) A copy of rules and regulations of the organization which have been officially adopted by the membership, which contain explicit provisions covering these standards; or
(4) An official certification in writing from a labor organization stating that the labor organization subscribes to the standards of conduct for labor organizations, as set forth in this section.
(c) The Board shall prescribe the rules and regulations needed to effect this section. Any complaint of a violation of this section shall be filed with the Board.
(Mar. 3, 1979, D.C. Law 2-139, § 1703, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-618.3.
1973 Ed., § 1-347.3.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XVII - Labor-Management Relations › § 1–617.04. Unfair labor practices

§ 1–617.04. Unfair labor practices.
(a) The District, its agents, and representatives are prohibited from:
(1) Interfering with, restraining, or coercing any employee in the exercise of the rights guaranteed by this subchapter;
(2) Dominating, interfering, or assisting in the formation, existence or administration of any labor organization, or contributing financial or other support to it, except that the District may permit employees to negotiate or confer with it during working hours without loss of time or pay;
(3) Discriminating in regard to hiring or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization, except as otherwise provided in this chapter;
(4) Discharging or otherwise taking reprisal against an employee because he or she has signed or filed an affidavit, petition, or complaint or given any information or testimony under this subchapter; or
(5) Refusing to bargain collectively in good faith with the exclusive representative.
(b) Employees, labor organizations, their agents, or representatives are prohibited from:
(1) Interfering with, restraining, or coercing any employees or the District in the exercise of rights guaranteed by this subchapter;
(2) Causing or attempting to cause the District to discriminate against an employee in violation of § 1-617.06;
(3) Refusing to bargain collectively in good faith with the District if it has been designated in accordance with this chapter as the exclusive representative of employees in an appropriate unit;
(4) Engaging in a strike, or any other form of unauthorized work stoppage or slowdown, or in the case of a labor organization, its agents, or representatives condoning any such activity by failing to take affirmative action to prevent or stop it; and
(5) Engaging in a strike or refusal to handle goods or perform services, or threatening, coercing or restraining any person with the object of forcing or requiring any person to cease, delay, or stop doing business with any other person or to force or to require an employer to recognize for recognition purposes a labor organization not recognized pursuant to the procedures set forth in § 1-617.06.
(Mar. 3, 1979, D.C. Law 2-139, § 1704, 25 DCR 5740; Sept. 18, 1998, D.C. Law 12-151, § 2(c), 45 DCR 4043; Oct. 1, 2002, D.C. Law 14-190, § 3832(b), 49 DCR 6968.)
Prior Codifications
1981 Ed., § 1-618.4.
1973 Ed., § 1-347.4.
Effect of Amendments
D.C. Law 14-190, in subsec. (a)(1), inserted “with” after “Interfering”.
Emergency Legislation
For temporary (90 day) amendment of section, see § 3732(b) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XVII - Labor-Management Relations › § 1–617.05. Strikes prohibited

§ 1–617.05. Strikes prohibited.
It shall be unlawful for any District government employee or labor organization to participate in, authorize, or ratify a strike against the District.
(Mar. 3, 1979, D.C. Law 2-139, § 1705, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-618.5.
1973 Ed., § 1-347.5.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XVII - Labor-Management Relations › § 1–617.06. Employee rights

§ 1–617.06. Employee rights.
(a) All employees shall have the right:
(1) To organize a labor organization free from interference, restraint, or coercion;
(2) To form, join, or assist any labor organization or to refrain from such activity;
(3) To bargain collectively through representatives of their own choosing as provided in this subchapter; and
(4) To refrain from any or all such activities under paragraphs (1), (2), and (3) of this subsection, except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in § 1-617.11.
(b) Notwithstanding any other provision in this chapter, an individual employee may present a grievance at any time to his or her employer without the intervention of a labor organization: Provided, however, that the exclusive representative is afforded an effective opportunity to be present and to offer its view at any meetings held to adjust the complaint. Any employee or employees who utilize this avenue of presenting personal complaints to the employer may not do so under the name, or by representation, of a labor organization. Adjustments of grievances must be consistent with the terms of the applicable collective bargaining agreement. Where the employee is not represented by the union with exclusive recognition for the unit, no adjustment of a grievance shall be considered as a precedent or as relevant either to the interpretation of the collective bargaining agreement or to the adjustment of other grievances.
(Mar. 3, 1979, D.C. Law 2-139, § 1706, 25 DCR 5740; Oct. 1, 2002, D.C. Law 14-190, § 3832(c), 49 DCR 6968.)
Prior Codifications
1981 Ed., § 1-618.6.
1973 Ed., § 1-347.6.
Section References
This section is referenced in § 1-617.02 and § 1-617.04.
Effect of Amendments
D.C. Law 14-190, in subsec. (a), made nonsubstantive changes in pars. (2) and (3), and added par. (4).
Emergency Legislation
For temporary (90 day) amendment of section, see § 3732(c) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XVII - Labor-Management Relations › § 1–617.07. Union security; dues deduction

§ 1–617.07. Union security; dues deduction.
Any labor organization which has been certified as the exclusive representative shall, upon request, have its dues and uniform assessments deducted and collected by the employer from the salaries of those employees who authorize the deduction of said dues. Such authorization, costs, and termination shall be proper subjects of collective bargaining. Service fees may be deducted from an employee’s salary by the employer if such a provision is contained in the bargaining agreement.
(Mar. 3, 1979, D.C. Law 2-139, § 1707, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-618.7.
1973 Ed., § 1-347.7.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XVII - Labor-Management Relations › § 1–617.11. Rights accompanying exclusive recognition

§ 1–617.11. Rights accompanying exclusive recognition.
(a) The labor organization which has been certified to be the exclusive representative of all employees in the unit shall have the right to act for and negotiate agreements covering all employees in the unit and shall be responsible for representing the interests of all such employees without discrimination and without regard to membership in the labor organization: Provided, however, that the employee pays dues or service fees consistent with law. Agency shop and other labor organization security provisions should be an appropriate issue for collective bargaining.
(b) Bargaining units established at the time this chapter becomes effective shall continue to be recognized as appropriate units subject to § 1-617.09(c), and labor organizations which have exclusive recognition in bargaining units existing at the time this chapter becomes effective shall continue to enjoy exclusive recognition in these units subject to § 1-617.10(b)(2).
(Mar. 3, 1979, D.C. Law 2-139, § 1711, 25 DCR 5740; Oct. 1, 2002, D.C. Law 14-190, § 3832(d), 49 DCR 6968.)
Prior Codifications
1981 Ed., § 1-618.11.
1973 Ed., § 1-347.11.
Section References
This section is referenced in § 1-617.06.
Effect of Amendments
D.C. Law 14-190, in subsec. (a), substituted “consistent with law” for “in an amount equal to the dues of the employees’ organizations”.
Emergency Legislation
For temporary (90 day) amendment of section, see § 3732(d) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XVII - Labor-Management Relations › § 1–617.12. Sunshine provisions

§ 1–617.12. Sunshine provisions.
Collective bargaining sessions between the District and employee organization representatives shall not be open to the public. All fact-finding proceedings under this subchapter shall be open to the public.
(Mar. 3, 1979, D.C. Law 2-139, § 1712, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-618.12.
1973 Ed., § 1-347.12.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XVII - Labor-Management Relations › § 1–617.13. Remedies; enforcement; judicial review; payment of costs

§ 1–617.13. Remedies; enforcement; judicial review; payment of costs.
(a) Remedies of the Board may include, but shall not be limited to, orders which: Withdraw or decertify recognition of a labor organization; direct a new representation election; recommend that disciplinary action be taken against an employee or group of employees by an appropriate agency head; reinstate, with or without back pay, or otherwise make whole, the employment or tenure of any employee, who the Board finds has suffered adverse economic effects in violation of this subchapter, though for adequate cause under the provisions of subchapter XVI-A of this chapter; compel bargaining in good faith; compel a labor organization or the District to desist from conduct prohibited under this subchapter; or direct compliance with the provisions of this subchapter.
(b) The Board may request the Superior Court of the District of Columbia to enforce any order issued pursuant to this subchapter, including those for appropriate temporary relief or restraining orders. No defense or objection to an order of the Board shall be considered by the Court, unless such defense or objection was first urged before the Board. The findings of the Board with respect to questions of fact shall be conclusive if supported by substantial evidence on the record considered as a whole. The Court may grant such temporary relief or restraining order as it deems just and proper and enter a decree enforcing, modifying and enforcing as so modified, or setting aside, in whole or in part, the order of the Board.
(c) Any person aggrieved by a final order of the Board granting or denying in whole or in part the relief sought may obtain review of such order in the Superior Court of the District of Columbia by filing a request within 30 days after the final order has been issued. The Court shall have the same jurisdiction to review the Board’s order and to grant to the Board such order of enforcement as in the case of a request by the Board under subsection (b) of this section.
(d) The Board shall have the authority to require the payment of reasonable costs incurred by a party to a dispute from the other party or parties as the Board may determine.
(Mar. 3, 1979, D.C. Law 2-139, § 1713, 25 DCR 5740; Apr. 12, 2000, D.C. Law 13-91, § 103(r), 47 DCR 520.)
Prior Codifications
1981 Ed., § 1-618.13.
1973 Ed., § 1-347.13.
Section References
This section is referenced in § 1-605.02.
Effect of Amendments
D.C. Law 13-91, in subsec. (a), substituted “subchapter XVII-A” for “subchapter XVII”.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XVII - Labor-Management Relations › § 1–617.14. Timeliness of decisions

§ 1–617.14. Timeliness of decisions.
All decisions of the Board shall be rendered within a reasonable period of time, and in no event later than 120 days after the matter is submitted or referred to it for a decision.
(Mar. 3, 1979, D.C. Law 2-139, § 1714, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-618.14.
1973 Ed., § 1-347.14.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XVII - Labor-Management Relations › § 1–617.15. Collective bargaining agreements

§ 1–617.15. Collective bargaining agreements.
(a) An agreement with a labor organization is subject to the approval of the Mayor or his or her designee; provided, that an agreement with a labor organization of employees of the Office of the Attorney General is subject to the approval of the Attorney General, and an agreement with a labor organization of employees of the District of Columbia Board of Education or the Board of Trustees of the University of the District of Columbia is subject to the approval of the respective Boards. An agreement shall be approved within 45 days from the date of its execution by the parties, if it conforms to applicable law. If disapproved because certain provisions are asserted to be contrary to law, the agreement shall either be returned to the parties for renegotiation of the offensive provisions or such provisions shall be deleted from the agreement. An agreement which has not been approved or disapproved within the prescribed period of 45 days shall go into effect on the 46th day and shall be binding on the parties.
(b) The Mayor and each appropriate personnel authority shall submit the collective bargaining agreement to the Council for its information.
(Mar. 3, 1979, D.C. Law 2-139, § 1715, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(v), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(u), 43 DCR 2978; Oct. 22, 2015, D.C. Law 21-36, § 1033(f), 62 DCR 10905.)
Prior Codifications
1981 Ed., § 1-618.15.
1973 Ed., § 1-347.15.
Effect of Amendments
The 2015 amendment by D.C. Law 21-36 substituted “provided, that an agreement with a labor organization of employees of the Office of the Attorney General is subject to the approval of the Attorney General, and an agreement with a labor organization of employees of the District of Columbia Board of Education or The Board of Trustees of the University of the District of Columbia is subject to the approval of the respective Boards” for “or in the case of employees of the District of Columbia Board of Education or the Board of Trustees of the University of the District of Columbia, by the respective Boards” in (a).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 1033(f) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
Editor's Notes
Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.
Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XVII - Labor-Management Relations › § 1–617.16. Collective bargaining concerning compensation

§ 1–617.16. Collective bargaining concerning compensation.
(a) The Board shall provide for collective bargaining concerning compensation under the procedures of and on the dates provided in § 1-617.17. The Mayor, the Attorney General for employees of the Office of the Attorney General, the District of Columbia Board of Education for its educational employees, and the Board of Trustees of the University of the District of Columbia for its educational employees shall negotiate agreements regarding noncompensation issues at the same time as compensation issues.
(b) The provisions of this section shall become effective on January 1, 1980, and shall apply to all employees, including employees described in § 1-602.04, of a particular occupational group who are represented by a labor organization which has been granted exclusive recognition under this chapter by the Board. The determination of an appropriate unit for the purpose of negotiations concerning compensation shall not require a request from a labor organization. In determining appropriate bargaining units for negotiations concerning compensation, the Board shall authorize broad units of occupational groups so as to minimize the number of different pay systems or schemes. The Board may authorize bargaining by multiple employer or employee groups as may be appropriate.
(Mar. 3, 1979, D.C. Law 2-139, § 1716, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(w), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(v), 43 DCR 2978; Oct. 22, 2015, D.C. Law 21-36, § 1033(g), 62 DCR 10905.)
Prior Codifications
1981 Ed., § 1-618.16.
1973 Ed., § 1-347.16.
Section References
This section is referenced in § 1-602.06, § 1-617.08, § 1-617.17, § 1-636.02, § 38-2021.13, and § 38-2023.16.
Effect of Amendments
The 2015 amendment by D.C. Law 21-36 added “the Attorney General for employees of the Office of the Attorney General” in (a).
Cross References
Retirement of public school teachers, compensation and salaries, purchase of annuity contracts, see § 38-2023.16.
Retirement of public school teachers, “eligible service” defined, see § 38-2021.13.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 1033(g) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
Editor's Notes
Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.
Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XVII - Labor-Management Relations › § 1–617.18. Evaluation process for public school employees

§ 1–617.18. Evaluation process for public school employees.
Notwithstanding any other provision of law, rule, or regulation, during fiscal year 2006 and each succeeding fiscal year the evaluation process and instruments for evaluating District of Columbia Public Schools employees shall be a non-negotiable item for collective bargaining purposes.
(Mar. 3, 1979, D.C. Law 2-139, § 1718; as added Oct. 16, 2006, 120 Stat. 2039, Pub. L. 109-356, § 302.)
Prior Codifications
1981 Ed., § 1-618.18.
Cross References
Mayor and Council members, coverage, see § 1-602.02.
Merit system, coverage and limitations of Chapter 6 of Title 1, see § 1-602.02.
Merit system, effective date provisions, see § 1-636.02.
Editor's Notes
Pub. L. 104-134, § 143, Apr. 26, 1996, 110 Stat. 1321 214, provided as follows:
“§ 1-617.18. Public school employee evaluations.”
“Notwithstanding any other provision of law, rule, or regulation, the evaluation process and instruments for evaluating District of Columbia Public Schools employees shall be a nonnegotiable item for collective bargaining purposes.”
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XVIII - Employee Conduct › § 1–618.02. Conflicts of interest

§ 1–618.02. Conflicts of interest.
No employee, member of a board or commission, or a public official of the District government shall engage in outside employment or private business activity or have any direct or indirect financial interest that conflicts or would appear to conflict with the fair, impartial, and objective performance of officially assigned duties and responsibilities.
(Mar. 3, 1979, D.C. Law 2-139, § 1802, 25 DCR 5740; Apr. 27, 2012, D.C. Law 19-124, § 501(c)(4), 59 DCR 1862.)
Prior Codifications
1981 Ed., § 1-619.2.
1973 Ed., § 1-348.2.
Effect of Amendments
The 2012 amendment by D.C. Law 19-124 added “member of a board or commission, or a public official.”
Emergency Legislation
For temporary (90 day) amendment of section, see § 401(c)(4) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XVIII - Employee Conduct › § 1–618.03. Ethics counselors; codification of advisory opinions. [Repealed]

§ 1–618.03. Ethics counselors; codification of advisory opinions. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 1803, 25 DCR 5740; Apr. 23, 1980, D.C. Law 3-58, § 3, 27 DCR 963; Feb. 24, 1987, D.C. Law 6-177, § 3(z), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(y), 43 DCR 2978; April 27, 2012, D.C. Law 19-124, § 501(c)(5), 59 DCR 1862.)
Prior Codifications
1981 Ed., § 1-619.3.
1973 Ed., § 1-348.3.
Emergency Legislation
For temporary (90 day) repeal of section, see § 401(c)(5) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).
Editor's Notes
Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.
Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.
Section 601(k) of D.C. Law 19-124 provided: “(k) Title V shall apply as of the effective date of this act, except that § 501(c)(5) shall apply as of October 1, 2012.”
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XVIII - Employee Conduct › § 1–618.04. Prohibition on nepotism

§ 1–618.04. Prohibition on nepotism.
(a) A public official may not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a position in the agency in which he or she is serving or over which he or she exercises jurisdiction or control, any individual who is a relative of the public official. An individual may not be appointed, employed, promoted, or advanced in or to a position in an agency if such appointment, employment, promotion, or advancement has been advocated by a public official who is serving in or exercising jurisdiction or control over the agency and is a relative of the individual.
(b)(1) An individual appointed, employed, promoted, or advanced in violation of this section is not entitled to pay and may not be compensated.
(2) A public official who appoints, employs, promotes, or advances, or advocates such appointment, employment, promotion, or advancement of any individual appointed in violation of this section, shall reimburse the District for any funds paid to such individual as a result of the individual’s appointment, employment, promotion, or advancement.
(c) The Mayor may issue rules and regulations authorizing the temporary employment, in the event of emergencies resulting from natural disasters or similar unforeseen events or circumstances, of individuals whose employment would otherwise be prohibited by this section.
(d) For the purpose of this section, the term:
(1) “Public official” means an officer, employee, or any other individual in whom authority by law, rule, or regulation is vested, or to whom the authority has been delegated to select, appoint, employ, promote, reassign, demote, separate, or recommend individuals for any of these actions.
(2) “Relative” means, with respect to a public official, an individual who is related to the public official as a father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.
(Mar. 3, 1979, D.C. Law 2-139, § 1804; as added Mar. 14, 2012, D.C. Law 19-115, § 2(k), 59 DCR 461.)
Cross References
Mayor and Council members, coverage, see § 1-602.02.
Merit system, effective date provisions, see § 1-636.02.