Bill > PR26-0291

Introduced Session

John A. Wilson Building 1350 Pennsylvania Avenue, NW, Suite 504 Washington, DC 20004 Dear Chairman Mendelson: Enclosed for consideration and adoption by the Council of the District of Columbia is a proposed resolution entitled the "Compensation and Working Conditions Agreement between the District of Columbia and the Office of the Attorney General and the American Federation of Government Employees, Local 1403, AFL-CIO (Compensation Unit 33) Approval Resolution of 2025." The collective bargaining agreement that will be approved by the resolution provides to American Federation of Government Employees, Local 1403, AFL-CIO (Compensation Unit 33) bargaining unit members at the District of Columbia Office of the Attorney General and District agencies subordinate to the Mayor a wage increase of 3% for FY 2024, 3% for FY 2025, and 3% for FY 2026. The agreement also provides a 2% bonus to employees who receive a rating of "Excellent" for the designated evaluation period of the respective fiscal year and preserves the status quo of benefits plans offered to employees, such as life, health and dental insurance. I urge the Council to take prompt and favorable action on the enclosed resolution. The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)). Sec. 5. Effective date. This resolution shall take effect immediately. District of Columbia Government Salary Schedule: Legal Services (Union) Fiscal Year: Service Code Definition: Attorneys (includes both OAG and other agencies) Effective Date: October 8, 2023 Union/Nonunion: Union Affected CBU/Service Code(s): BQA A35 Pay Plan/Schedule: LS (Legal Service) Peoplesoft Schedule: LA0002 % Increase: 3.0% Resolution Number: Date of Resolution: Steps Between Grade Steps $ 65,114 $ 67,285 $ 69,456 $ 71,627 $ 73,798 $ 75,969 $ 78,140 $ 80,311 $ 82,482 $ 84,653 $ 2,171 $ 71,722 $ 74,109 $ 76,496 $ 78,883 $ 81,270 $ 83,657 $ 86,044 $ 88,431 $ 90,818 $ 93,205 $ 2,387 $ 78,774 $ 81,405 $ 84,036 $ 86,667 $ 89,298 $ 91,929 $ 94,560 $ 97,191 $ 99,822 $ 102,453 $ 2,631 $ 94,422 $ 97,572 $ 100,722 $ 103,872 $ 107,022 $ 110,172 $ 113,322 $ 116,472 $ 119,622 $ 122,772 $ 3,150 $ 112,290 $ 116,034 $ 119,778 $ 123,522 $ 127,266 $ 131,010 $ 134,754 $ 138,498 $ 142,242 $ 145,986 $ 3,744 $ 132,688 $ 137,114 $ 141,540 $ 145,966 $ 150,392 $ 154,818 $ 159,244 $ 163,670 $ 168,096 $ 172,522 $ 4,426 $ 156,095 $ 161,297 $ 166,497 $ 171,697 $ 176,899 $ 182,099 $ 187,300 $ 192,501 $ 195,300 $ 199,240 Varies District of Columbia Government Salary Schedule: Legal Services (Union) Fiscal Year: Service Code Definition: Attorneys (includes both OAG and other agencies) Effective Date: October 6, 2024 Union/Nonunion: Union Affected CBU/Service Code(s): BQA A35 Pay Plan/Schedule: LS (Legal Service) Peoplesoft Schedule: LA0002 % Increase: 3.0% Resolution Number: Date of Resolution: Steps Between Grade Steps $ 67,068 $ 69,304 $ 71,540 $ 73,776 $ 76,012 $ 78,248 $ 80,484 $ 82,720 $ 84,956 $ 87,192 $ 2,236 $ 73,872 $ 76,331 $ 78,790 $ 81,249 $ 83,708 $ 86,167 $ 88,626 $ 91,085 $ 93,544 $ 96,003 $ 2,459 $ 81,137 $ 83,847 $ 86,557 $ 89,267 $ 91,977 $ 94,687 $ 97,397 $ 100,107 $ 102,817 $ 105,527 $ 2,710 $ 97,253 $ 100,498 $ 103,743 $ 106,988 $ 110,233 $ 113,478 $ 116,723 $ 119,968 $ 123,213 $ 126,458 $ 3,245 $ 115,660 $ 119,516 $ 123,372 $ 127,228 $ 131,084 $ 134,940 $ 138,796 $ 142,652 $ 146,508 $ 150,364 $ 3,856 $ 136,668 $ 141,227 $ 145,786 $ 150,345 $ 154,904 $ 159,463 $ 164,022 $ 168,581 $ 173,140 $ 177,699 $ 4,559 $ 160,778 $ 166,136 $ 171,492 $ 176,848 $ 182,206 $ 187,562 $ 192,919 $ 198,276 $ 201,159 $ 205,217 Varies District of Columbia Government Salary Schedule: Legal Services (Union) Fiscal Year: Service Code Definition: Attorneys (includes both OAG and other agencies) Effective Date: October 5, 2025 Union/Nonunion: Union Affected CBU/Service Code(s): BQA A35 Pay Plan/Schedule: LS (Legal Service) Peoplesoft Schedule: LA0002 % Increase: 3.0% Resolution Number: Date of Resolution: Steps Between Grade Steps $ 69,080 $ 71,383 $ 73,686 $ 75,989 $ 78,292 $ 80,595 $ 82,898 $ 85,201 $ 87,504 $ 89,807 $ 2,303 $ 76,087 $ 78,620 $ 81,153 $ 83,686 $ 86,219 $ 88,752 $ 91,285 $ 93,818 $ 96,351 $ 98,884 $ 2,533 $ 83,572 $ 86,363 $ 89,154 $ 91,945 $ 94,736 $ 97,527 $ 100,318 $ 103,109 $ 105,900 $ 108,691 $ 2,791 $ 100,172 $ 103,514 $ 106,856 $ 110,198 $ 113,540 $ 116,882 $ 120,224 $ 123,566 $ 126,908 $ 130,250 $ 3,342 $ 119,129 $ 123,101 $ 127,073 $ 131,045 $ 135,017 $ 138,989 $ 142,961 $ 146,933 $ 150,905 $ 154,877 $ 3,972 $ 140,767 $ 145,463 $ 150,159 $ 154,855 $ 159,551 $ 164,247 $ 168,943 $ 173,639 $ 178,335 $ 183,031 $ 4,696 $ 165,601 $ 171,120 $ 176,637 $ 182,153 $ 187,672 $ 193,189 $ 198,707 $ 204,224 $ 207,194 $ 211,374 Varies Government of the District of Columbia Office of the Chief Financial Officer Glen Lee Chief Financial Officer MEMORANDUM TO: The Honorable Phil Mendelson Chairman, Council of the District of Columbia FROM: Glen Lee Chief Financial Officer DATE: March 7, 2025 SUBJECT: Fiscal Impact Statement - Compensation and Working Conditions Agreement between the District of Columbia and the Office of the Attorney General and the American Federation of Government Employees, Local 1403, AFL-CIO (Compensation Unit 33) Approval Resolution of 2025 REFERENCE: Draft Resolution as provided to the Office of Revenue Analysis on January 13, 2025 Conclusion Funds are sufficient in the fiscal year 2025 through fiscal year 2028 budget and financial plan to implement the resolution. The resolution will approve pay increases and other compensation for attorneys in multiple agencies that will cost approximately $6 million in fiscal year 2025 and a total of approximately $25 million over the financial plan. The Local Funds portion of the cost is $5 million in fiscal year 2025 and a total of $18.8 million through fiscal year 2028. $440,000 was previously funded in the Office of the Attorney General (OAG); funding to cover the remaining costs not already built into the financial plan is available in the Workforce Investments Account. Background The resolution approves a compensation and working conditions agreement between the District and the American Federation of Government Employees, Local 1403, AFL-CIO (Compensation Unit 33). It is in effect from fiscal year 2024 through fiscal year 2026. The agreement covers approximately 370 positions across 27 agencies, with an average salary of approximately $132,000. Approximately 73 percent of the current positions are in OAG, and approximately 71.6 percent of the positions are locally funded. 1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476 www.cfo.dc.gov The Honorable Phil Mendelson FIS: “Compensation and Working Conditions Agreement between the District of Columbia and the Office of the Attorney General and the American Federation of Government Employees, Local 1403, AFL-CIO (Compensation Unit 33) Approval Resolution of 2025”, Draft Resolution as provided to the Office of Revenue Analysis on January 13, 2025 Increases to Base Salary Compensation unit members will receive the following increases to base salary, effective October 1 of each of the following years: • 3.0 percent for fiscal year 2024 (retroactive); • 3.0 percent in fiscal year 2025; and • 3.0 percent in fiscal year 2026. All members active in fiscal year 2024, including those who retired, will receive the retroactive pay increase for fiscal year 2024. Other Compensation Bargaining unit members receiving an “excellent” or higher performance review rating will receive a bonus of two percent of base salary. Total disbursements for time and a half pay are capped at $150,000 (up from $100,000 in the previous contract) per fiscal year across the entire bargaining unit. These provisions also apply retroactively for fiscal year 2024. Financial Plan Impact Funds are sufficient in the fiscal year 2025 through fiscal year 2028 budget and financial plan to implement the resolution. The resolution will approve pay increases and other compensation for attorneys in multiple agencies that will cost approximately $6 million in fiscal year 2025 and a total of approximately $25 million over the financial plan. The Local Funds portion of the cost is $5 million in fiscal year 2025 and a total of $18.8 million through fiscal year 2028. $440,000 was previously funded in the OAG; funding to cover the remaining costs not already built into the financial plan is available in the Workforce Investments Account. The agreement’s increases to base pay and fringe benefits will total $5 million in fiscal year 2025, including retroactive payments for fiscal year 2024, and $23.8 million over the four year budget and financial plan. The cost of performance bonuses is estimated to be $1 million in fiscal year 2025, including retroactive payments for fiscal year 2024, and $1.5 million over the four year budget and financial plan. Page The Honorable Phil Mendelson FIS: “Compensation and Working Conditions Agreement between the District of Columbia and the Office of the Attorney General and the American Federation of Government Employees, Local 1403, AFL-CIO (Compensation Unit 33) Approval Resolution of 2025”, Draft Resolution as provided to the Office of Revenue Analysis on January 13, 2025 Compensation and Working Conditions Agreement between the District of Columbia and the Office of the Attorney General and the American Federation of Government Employees, Local 1403, AFL-CIO (Compensation Unit 33) Approval Resolution of 2025 FISCAL IMPACT FY 2025- FY 2028 ($ in thousands) Four-Year FY 2025(a) FY 2026(b) FY 2027(c) FY 2028 Total Retroactive Salary and Fringe Increases $1,658 $0 $0 $0 $1,658 Retroactive Bonus Pay $535 $0 $0 $0 $535 Base Salary and Fringe Increases $3,366 $5,125 $6,273 $7,442 $22,207 Bonus Pay(d) $476 $518 $0 $0 $994 Additional Pay(e) $50 $50 $0 $0 $100 TOTAL COST $6,085 $5,693 $6,273 $7,442 $25,053 Local Funds Portion(f) $4,980 $4,076 $4,491 $5,329 $18,876 Less: Previously funded by OAG ($440) $0 $0 $0 ($440) Less: Funds available in the Financial Plan(g) $0 ($667) ($1,348) ($2,041) ($4,056) COST TO BE COVERED BY WORKFORCE INVESTMENTS ACCOUNT (UP0) $4,540 $3,409 $3,144 $3,288 $14,360 Table Notes (a) Includes 3 percent increase for all active members in fiscal year 2025 and for fiscal year 2024 retroactive to October 1, 2023. Fringe benefit costs are also included at 12.65 percent of the salary. (b) Salaries increased by 3 percent per the agreement in fiscal years 2024, 2025, and 2026 only. (c) Includes inflationary factor of 1.9 percent for fiscal year 2027 and fiscal year 2028. (d) Based on FY 2024 results, an estimated 47% will receive a bonus of 2 percent of salary in FY 2025 and FY 2026. (e) Covers the increase in the maximum allowed time and a half pay for weekends and holidays. (f) Costs are 71.6 percent Local Funds beginning with fiscal year 2025 raises (and 100 percent Local Funds for retroactive amounts). (g) Increases built into the financial plan are used toward the cost of the agreement. Page GOVERNMENT OF THE DISTRICT OF COLUMBIA OFFICE OF THE ATTORNEY GENERAL Legal Counsel Division MEMORANDUM TO: Tomás Talamante Director Office of Policy and Legislative Affairs FROM: Ben Moskowitz Acting Deputy Attorney General Legal Counsel Division DATE: December 18, 2024 RE: Compensation and Working Conditions Agreement between the District of Columbia and the Office of the Attorney General and the American Federation of Government Employees, Local 1403, AFL-CIO (Compensation Unit 33) Approval Resolution of (AE-24-308) This is to Certify that the Office of the Attorney General has reviewed the above-referenced legislation and determined that it is legally sufficient. If you have any questions, please do not hesitate to call me at (202) 724-5565. Ben Moskowitz 1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004 Phone (202) 724-5565 Email: benjamin.moskowitz1@dc.gov COLLECTIVE BARGAINING AGREEMENT BETWEEN AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1403, AFL-CIO, AND THE DISTRICT OF COLUMBIA, AND THE OFFICE OF THE ATTORNEY GENERAL, DISTRICT OF COLUMBIA EFFECTIVE THROUGH SEPTEMBER 30, 2026 PART I: TABLE OF CONTENTS ARTICLE PAGE Preamble Recognition Wages 2A Pay for Performance Bonuses 2B Saturday, Sunday and Holiday Pay Benefits Committee Benefits Compensatory Time Metro Pass/Monthly Transit Subsidy Mileage Allowance, Metro Reimbursement and Access to Official Government Vehicles and Transportation Sick Leave Incentive Program Annual Leave/Compensatory Time Buy-Out Back Pay Waiting Period for Advancement Within Steps Grievance and Arbitration Procedure Savings Clause Duration and Finality Incorporation of Non Compensation Agreement PREAMBLE This Compensation Agreement (Agreement or Compensation Agreement) is entered into between the District of Columbia and the American Federation of Government Employees, Local 1403, the sole and exclusive collective bargaining representative of unit employees comprising Compensation Unit 33, as certified by the Public Employee Relations Board (PERB). The District of Columbia and the Union are herein after jointly referred to as the parties. ARTICLE 1 RECOGNITION AFGE Local 1403 is recognized as the sole and exclusive collective bargaining representative for the bargaining units set forth in PERB Certification No. 121 and PERB Certification No. 133. ARTICLE 2 WAGES SECTION A - FY 2024: The A-35 salary schedule for all bargaining unit employees will be increased by three percent (3%) effective the first day of the first full pay period commencing on or after October 1, 2023. SECTION B -- FY 2025: The A-35 salary schedule for all bargaining unit employees will be increased by three percent (3%) effective the first day of the first full pay period commencing on or after October 1, 2024. SECTION C -- FY 2026: The A-35 salary schedule for all bargaining unit employees will be increased by three percent (3%) effective the first day of the first full pay period commencing on or after October 1, 2025. SECTION D Consistent with DC law, bargaining unit employees actively on the payroll as of the date of approval of this Compensation Agreement by the D.C. Council (or when it otherwise takes effect pursuant to D.C. Official Code § 1-617.17(j)) shall receive the respective retroactive pay as a result of the wage increases in the salary schedules above. Any employees who retired during the period beginning on the effective date of the increase and ending on the date of approval by the Council (or when this Compensation Agreement otherwise takes effect pursuant to D.C. Official Code § 1-617.17(j)) on the increase shall also receive the retroactive pay. The parties agree that no adjustments coming from the District’s Classification and Compensation initiative shall apply for the term of this Agreement. ARTICLE 2A PAY FOR PERFORMANCE BONUSES SECTION A - FY 2024: Each employee who receives an “Excellent” or substantially similar rating or higher rating for the evaluation period ending August 31, 2023, shall receive a two percent (2%) bonus. Upon approval of this agreement by the D.C. Council (or when this agreement otherwise takes effect pursuant to D.C. Official Code § 1- 617.17(j)), bonus payments shall be paid to each qualified employee within as soon as possible but no later than ninety (90) days after Council’s approval (or when this agreement otherwise takes effect pursuant to D.C. Official Code § 1- 617.17(j)). If Employer has not conducted a performance review for an employee by December 31, 2023, the employee shall be entitled to the bonus amount for FY 2024, established by the rating in the most recent annual performance evaluation, if any. Consistent with DC law, eligible bargaining unit employees actively on the payroll as of the date of approval of this Compensation Agreement by the D.C. Council (or the date on which this agreement otherwise takes effect pursuant to D.C. Official Code § 1- 617.17(j)) shall receive the bonus for FY 2024 under this section. Any employees who received an Excellent or substantially similar rating or higher rating for the evaluation period ending August 31, 2023, who subsequently retired on or before the date of approval by the Council (or the date on which this agreement otherwise takes effect pursuant to D.C. Official Code § 1- 617.17(j)) on the increase shall also receive the bonus. SECTION B -- FY 2025: Each employee who receives an “Excellent” or substantially similar rating or higher rating for the evaluation period ending August 31, 2024, shall receive a two percent (2%) bonus. Bonus payments shall be paid to each qualified employee within the second quarter of the fiscal year beginning October 1, 2024, and in no event later than March 31, 2025. If Employer has not conducted a performance review for an employee by December 31, 2021, the employee shall be entitled to the bonus amount for FY 2025, established by the rating in the most recent annual performance evaluation, if any. SECTION C -- FY 2026: Each employee who receives an “Excellent” or substantially similar rating or higher rating for the evaluation period ending August 31, 2025, shall receive a two percent (2%) bonus. Bonus payments shall be paid to each qualified employee within the second quarter of the fiscal year beginning October 1, 2025, and in no event later than March 31, 2026. If Employer has not conducted a performance review for an employee by December 31, 2025, the employee shall be entitled to the bonus amount for FY 2026, established by the rating in the most recent annual performance evaluation, if any. ARTICLE 2B SATURDAY, SUNDAY AND HOLIDAY PAY Attorneys who are required to work on any Saturday, Sunday or holiday to provide court coverage will receive time and a half pay for all hours worked on any Saturday and double time pay on any Sunday or holiday. Disbursements for Saturday, Sunday and holiday pay will not exceed $150,000.00 for any fiscal year of this Agreement. After disbursements reach $150,000.00 in any one fiscal year, attorneys who are required to work on Saturdays, Sundays or holidays to provide court coverage for the remainder of that fiscal year will receive compensatory time for the number of hours actually worked at the applicable rate stated in this Article. ARTICLE 3 BENEFITS COMMITTEE SECTION A - General: The parties herein agree to establish a new, or expand an existing, Benefits Committee for the purpose of addressing the benefits of bargaining unit employees represented by the Union. The Union shall select one representative, and one alternate, to serve on the committee. The Benefits Committee shall meet at least twice during the 6-month period immediately prior to the expiration of any of the District of Columbia contracts for benefits implicated herein. SECTION B - Purpose: The purpose of the Benefits Committee is to address the benefits of employees in the Local 1403 bargaining unit and of other local unions that may join this committee and make recommend- ations to the Executive regarding those benefits. AFGE shall not have final decision making authority with regard to benefits. Differences in opinion arising from Benefits Committee meetings or the procurement process, including but not limited to vendor recommendations/selection and what benefits the District shall provide shall not be subject to grievance arbitration or any bargained or statutory resolution process. SECTION C - Responsibilities: The members of the Benefits Committee are authorized to consider all matters that concern the benefits of employees represented by the Committee. The Benefits Committee shall: 1. Monitor the quality and level of services provided to bargaining unit employees under existing Health, Retirement, Optical, Life, Disability, Indemnity and Dental Insurance Plans. 2. Review and recommend changes and enhancements in Health, Retirement, Optical, Life, Disability, Indemnity and Dental benefits, and any proposals for new benefits, consistent with D.C. Official Code, Title 1, Chapter 6, Subchapter XXI. SECTION D - Maintenance of Benefits: Nothing herein shall be construed to reduce, modify or eliminate any benefits available to the bargaining unit employees prior to entering into this Agreement. SECTION E - Additional Benefits: The parties agree that the establishment of this Benefits Committee does not limit or prohibit the parties to this Agreement from negotiating and agreeing to additional or modified benefits. ARTICLE 4 BENEFITS Except as otherwise provided in this Agreement, the Parties hereby incorporate the following specific benefits provided under the Compensation Agreement between the District of Columbia Government and Compensations Units 1 and 2, FY 2022 - FY 2025. ( Compensation Units 1 & 2 Agreement): Life Insurance; Health Insurance; Indemnity Insurance; Short and Long Term Disability Insurance; Optical and Dental Insurance; Annual, Sick and Other Leave; Pre-Tax Benefits; Retirement; Civil Service Retirement System; Defined Contribution; Deferred Compensation; Metro Pass/Monthly Transit Subsidy; Holidays; at least equal to the level of benefits provided to their general membership as the applicable benefits for bargaining unit members covered by this Agreement. To the extent that any successor Compensation Units 1 & 2 Agreement provides for higher levels of benefits than what is provided for under this Agreement with respect to any of the specific or substantively related benefits listed above in this paragraph, the Parties agree to reopen negotiations for the sole purpose of renegotiating those specific benefits. In no event will the benefits stated in this Agreement be reduced through this process. SECTION A -- Life Insurance: 1. Life insurance is provided to covered employees in accordance with §1-622.01, et seq. of the District of Columbia Official Code and Chapter 87 of Title 5 of the United States Code. District of Columbia Official Code §1-622.03 requires that benefits shall be provided as set forth in §1-622.07 to all employees of the District first employed after September 30, 1987, except those specifically excluded by law or by rule. District of Columbia Official Code §1-622.01 requires that benefits shall be provided as set forth in Chapter 87 of Title 5 of the United States Code for all employees of the District government first employed before October 1, 1987, except those specifically excluded by law or rule and regulation. 2. Life insurance benefits for employees hired on or after October 1, 1987 shall be set at the following minimum level of benefits: The District of Columbia provides life insurance in an amount equal to the employee's annual salary rounded to the next thousand, plus an additional $2,000. Employees are required to pay two-thirds (2/3) of the total cost of the monthly premium. The District Government shall pay one-third (1/3) of the total cost of the premium. Employees may choose to purchase additional life insurance coverage through the District Government. These additions to the basic coverage are set-forth in the schedule below: Option A - Standard. Provides $10,000 additional coverage. Cost determined by age. Option B - Additional. Provides coverage up to five times the employee’s annual salary. Cost determined by age and employee’s salary. Option C - Family. Provides $10,000 coverage for the eligible spouse and $10,000 for each eligible child; $25,000 coverage for eligible spouse and $10,000 for each eligible child; or $50,000 coverage for eligible spouse and $10,000 for each eligible child. Cost determined by age. 3. The level of life insurance benefits provided to Employees covered under this Agreement shall not be decreased or revised during the term of this Agreement without the express advance written consent of the Union. The District shall provide life insurance coverage for employees hired on or after October 1, 1987 that shall provide a level of benefits that is equal in coverage and level of benefits to other similarly situated District of Columbia bargaining unit employees. 4. Employees must contact their respective personnel office to enroll or make changes in their life insurance coverage. SECTION B -- Health Insurance: 1. Pursuant to D.C. Official Code § 1-621.02, all employees covered by this agreement and hired after September 30, 1987, shall be entitled to enroll in group health insurance provided by the District of Columbia. Health insurance coverage shall provide a level of benefits that is at least equal in coverage and level of benefits to the plan(s) provided on the effective date of this agreement. District employees are required to execute an enrollment form in order to participate in this program. (a) The Employer may elect to provide additional health care insurance providers for employees employed after September 1, 1987, provided that additional insurance providers do not reduce the current level of benefits provided to employees. If the Employer decides to expand or reduce the list of eligible insurance providers, the Employer shall give Union representatives notice of the additions or reductions after the award but prior to implementation. (b) Employees are required to contribute 25% of the total premium cost of the employee’s selected plan. The Employer shall contribute 75% of the premium cost of the employee’s selected plan. 2. Pursuant to D.C. Official Code § 1-621.01, all District employees covered by this agreement and hired before October 1, 1987, shall be eligible to participate in group health insurance coverage provided through the Federal Employees Health Benefits Program (FEHB) as provided in Chapter 89 of Title 5 of the United States Code. The United States Office of Personnel Management administers this program. 3. The plan descriptions shall provide the terms of coverage and administration of the respective plans. Plan summaries and the full plans will be available on the DCHR website. Where the full plan is not posted a link to the plans will be provided on the DCHR website. SECTION C - Optical and Dental: 1. The District shall provide Optical and Dental Plan coverage at a level of benefits that is at least equal in coverage and level of benefits to the plan(s) provided on the effective date of this agreement. Benefit levels shall not be reduced during the term of this agreement. District employees are required to execute an enrollment form in order to participate in the Optical and Dental program. 2. The District may elect to provide additional Optical and/or Dental insurance providers, provided that additional insurance providers do not reduce the current level of benefits provided to employees. Should the District Government decide to expand or reduce the list of eligible insurance providers, the District shall give Union representatives notice of the additions or reductions after the award but prior to implementation. 3. SECTION D - Short and Long Term Disability: 1. Employees covered by this Agreement shall be eligible to enroll, at their own expense, in the District's Short and Long Term Disability Insurance Programs, which provide for partial income replacement when employees are required to be absent from duty due to a non-work-related qualifying medical condition. Employees may use income replacement benefits under the program in conjunction with annual or sick leave benefits provided for in this Agreement. 2. Short and Long Term Disability Benefit levels shall not be decreased or revised during the term of this Agreement without the express written consent of the Union. 3. The District may elect to provide additional Short and/or Long Term Disability coverage providers, provided that additional insurance providers do not reduce or substantively modify the current level of benefits provided to employees. If the District decides to expand or reduce the list of eligible disability insurance providers, the District shall give the Union notice of the additions or reductions after the award but prior to implementation. SECTION E - Indemnity Benefits: Employer shall provide access to the indemnity benefits currently in effect for Union employees. SECTION F -- Annual Leave: 1. In accordance with D.C. Official Code §1-612.03, full-time employees covered by the terms of this Agreement are entitled to: (a) one-half (1/2) day (4 hours) for each full biweekly pay period for an employee with less than three (3) years of service (accruing a total of thirteen (13) annual leave days per annum); (b) three-fourths (3/4) day (6 hours) for each full biweekly pay period, except that the accrual for the last full biweekly pay period in the year is one and one-fourth days (10 hours), for an employee with more than three (3) but less than fifteen (15) years of service (accruing a total of twenty (20) annual leave days per annum); and, (c) one (1) day (8 hours) for each full biweekly pay period for an employee with fifteen (15) or more years of service (accruing a total of twenty-six (26) annual leave days per annum). 2. Part-Time employees who work on a prearranged scheduled tour of duty are entitled to earn leave as provided above on a pro rata basis. 3. Employees shall be eligible to use annual leave in accordance with the District of Columbia Laws. 4. An employee’s request to use annual leave shall not be unreasonably denied. SECTION G - Sick Leave: 1. In accordance with District of Columbia Code §1-612.03, a full-time employee covered by the terms of this Agreement may accumulate up to thirteen (13) sick days which accrues on the basis of four hours for each full biweekly pay period, and may accumulate up to thirteen (13) days in a calendar year. 2. In the case of part-time employment, the rate at which leave accrues under this subsection shall be a percentage of the rate prescribed above which is determined by dividing 40 into the number of hours in the regularly scheduled work week of that employee during that fiscal year. 3. An employee may use sick leave to: (a) Seek medical attention and/or recover from illness or injury; (b) Provide care for a family member who is incapacitated as a result of physical or mental illness, injury, pregnancy, or childbirth; (c) Provide care for a family member as a result of medical, dental, or optical examination or treatment; (d) Provide care for a foster child or a prospective or newly adopted child in the employee’s care; or (e) Make any other use allowed by law, including to obtain social, medical or legal services if the employee or the employee’s family member is a victim of stalking, domestic violence or sexual abuse as provided for under D.C. Official Code § 32- 131.02(b)(4). 4. An employee’s request to take sick leave shall not be unreasonably denied. SECTION H - Other Forms of Leave: 1. Military Leave: An employee is entitled to leave, without loss of pay, leave, or credit for time of service as reserve members of the armed forces or as members of the National Guard to the extent provided in D.C. Official Code §1-612.03(m). 2. Court Leave: An employee is entitled to leave, without loss of pay, leave, or service credit during a period of absence in which he or she is required to report for jury duty or to appear as a witness on behalf of the District of Columbia Government, or the Federal or a State or Local Government to the extent provided in D.C. Official Code §1-612.03(l). 3. Funeral Leave: An employee is entitled to three (3) days of leave without loss of pay, leave, or service credit to make arrangements for or to attend the funeral or memorial service for an immediate relative in accordance with Funeral and Memorial Service Leave Amendment Act, D.C. Law 20- 83, § 2(a), 61 DCR 176, effective February 22, 2014. In addition, the Employer shall grant an employee’s request for annual, sick or compensatory time up to three (3) days upon the death of an immediate relative. Approval of additional time shall be at the Employer’s discretion. However, requests for leave shall be granted unless the Agency’s ability to accomplish its work would be seriously impaired. For purposes of this section “immediate relative” is an individual who is related to an employee by blood, marriage, adoption, or domestic partnership as father, mother, child, husband, wife, sister, brother, aunt, uncle, grandparent, grandchild or similar familial relationship; or an individual for whom the recipient employee is the legal guardian; or a fiancé, fiancée or domestic partner of an employee, as defined in D.C. Official Code §32-701 (2014 Repl.) and related laws. For the purpose of leave certification, employees shall provide a copy of the obituary or death notice, a note from clergy or funeral professional or a death certificate within ten (10) business days of the Employer’s request. 4. Administrative Closing - An employee who has previously scheduled leave for a day (or portion of a day) on which the District of Columbia or the Office of the Attorney General closes by order of the Mayor or the Attorney General shall not be charged leave for that day, or portion of the day, that the District agency is closed. 5. Back-to-School Leave - Subject to the discretion of an individual’s manager as described in this section, any employee who serves as the primary caregiver for a child enrolled in school, including pre-school, elementary school, middle or junior high school, or high school, may take 2 hours of excused leave (that is without charge to the employee’s leave balance) to assist his or her child in preparing for and traveling to the first day of school during the academic year. An employee’s individual manager shall make every effort to grant requests for excused absences on the first day; however, the granting of all such requests may not be feasible if it results in disruption of public services provided by the administration. Accordingly, when an employee cannot be granted an excused absence on his or her child’s first school day, he or she shall be given an excused absence of 2 hours during the first week of school or as soon thereafter as practicable, in order to assist his or her child in preparing for an attending school. 6. Family Leave - Within any 12-month period, an employee is entitled to up to eight weeks of paid family leave for the birth or adoption of a child or to care for a family member (a person related by blood, legal custody, domestic partnership or marriage) with a serious health condition. SECTION I -- Pre-Tax Benefits: 1. Employee contributions to benefits programs established pursuant to D.C. Official Code §1-611.19, including the District of Columbia Employees Health Benefits Program, may be made on a pre-tax basis in accordance with the requirements of the Internal Revenue Code and, to the extent permitted by the Internal Revenue Code, such pre-tax contributions shall not effect a reduction of the amount of any other retirement, pension, or other benefits provided by law. 2. To the extent permitted by the Internal Revenue Code, any amount of contributions made on a pre-tax basis shall be included in the employee's contributions to existing life insurance, retirement system, and for any other District government program keyed to the employee's scheduled rate of pay, but shall not be included for the purpose of computing Federal or District income tax withholdings, including F.I.C.A., on behalf of any such employee. SECTION J - Retirement: 1. CIVIL SERVICE RETIREMENT SYSTEM (CSRS): As prescribed by 5 U.S.C. § 8401 and related chapters, employees first hired by the District of Columbia Government before October 1, 1987, are subject to the provisions of the CSRS, which is administered by the U.S. Office of Personnel Management. Under Optional Retirement the aforementioned employee may choose to retire when he/she reaches: (a) Age 55 and 30 years of service; (b) Age 60 and 20 years of service; (c) Age 62 and 5 years of service. Under Voluntary Early Retirement, which must be authorized by the U.S. Office of Personnel Management, an employee may choose to retire when he/she reaches: (a) Age 50 and 20 years of service; (b) Any age and 25 years of service. The pension of an employee who chooses Voluntary Early Retirement will be reduced by 2% for each year under age 55. 3. DEFINED CONTRIBUTION PENSION PLAN: The District shall continue the Defined Contribution Pension Plan currently in effect which includes: (a) All eligible employees hired by the District on or after October 1, 1987, shall be enrolled into the defined contribution pension plan as prescribed by D.C. Official Code § 1-626.09. (b) After the completion of one year of service, the District shall contribute an amount not less than 5% of their base salary to an employee’s Defined Contribution Pension Plan account. The District government funds this plan. There is no employee contribution to the Defined Contribution Pension Plan. After two years of plan participation, an employee is entitled to 20% of the account. After three years of plan participation, an employee is entitled to 40% of the account. After 4 years of plan participation, an employee is entitled to 60% of the account. An employee is fully vested after five years of plan participation and is entitled to 100% of the account. 4. DEFERRED COMPENSATION PROGRAM: All District employees covered by this Agreement shall be eligible to participate in the District’s Deferred Compensation Program described in Section 1-626.05 and related Chapters of the D.C. Official Code. The Deferred Compensation Program is a savings system through pre-tax deductions and allows employees to accumulate funds for long-term goals, including retirement. The portion of salary contributed reduces the amount of taxable income in each paycheck. The Internal Revenue Service determines the annual maximum deferral amount. Under the program, employees may choose from various fixed or variable rate investment options. SECTION K - Holidays: 1. The following legal public holidays are provided to all employees covered by this Agreement: (a) New Year’s Day, January 1st of each year; (b) Dr. Martin Luther King, Jr.’s Birthday, the 3rd Monday in January of each year; (c) Washington’s Birthday, the 3rd Monday in February of each year; (d) D.C. Emancipation Day, April 16th of each year; (e) Memorial Day, the last Monday in May of each year; (f) Juneteenth Independence Day, June 19th of each year; (g) Independence Day, July 4th of each year; (h) Labor Day, the 1st Monday in September of each year; (i) Indigenous Peoples’ Day, the 2nd Monday in October of each year; (j) Veterans Day, November 11th of each year; (k) Thanksgiving Day, the 4th Thursday in November of each year; and (l) Christmas Day, December 25th of each year. 2. Any other legal public holiday observed by the District and any other day declared a holiday for District workers by the President, Congress, or the Mayor will also be granted to employees covered by this Agreement (together, the holidays described in this section are referred to as Holidays throughout this Agreement). When an employee, having a regularly scheduled tour of duty is relieved or prevented from working on a day District agencies are closed by order of the Mayor, he or she is entitled to the same pay for that day as for a day on which an ordinary day’s work is performed. SECTION L - Benefits Levels: The level of benefits shall not be decreased or revised during the term of this Agreement without the express written consent of the Union. ARTICLE 5 COMPENSATORY TIME SECTION A : A lawyer who is required to work one or more hours outside his or her normal work hours may, whenever possible, request an equal amount of compensatory time from his or her supervisor before the work is performed. The decision to grant an employee compensatory time is at the discretion of management but shall not be unreasonably denied. The denial of a request shall be in writing and shall state the reason for the denial. SECTION B: Compensatory time may be approved for work that exceeds an employee’s regular tour of duty, including: • Extraordinary assignments • Scheduled or special events • Travel time outside normal work hours SECTION C: If the request is granted, the time will be recorded on the employee’s records and may be used in the same manner that annual leave is used. However, accrued compensatory time off must be used by the end of the 26th pay period after the pay period during which it was earned. In no event will an employee be entitled to pay in lieu of compensatory time, except as expressly provided elsewhere in this Agreement. ARTICLE 6 METRO PASS/MONTHLY TRANSIT SUBSIDY The District of Columbia Government shall subsidize the cost of monthly Washington Metropolitan Area Transit Authority (WMATA) transit passes or farecards, that can be used to pay for MARC and VRE, for personal use by employees by fifty dollars ($50.00) per month for actual transportation expenses incurred by employees who use such passes or farecards to commute to and from work (Metro Transit Benefit); provided, however, that any unused portion of the monthly Metro Transit Benefit will roll over from month to month for employees who access the benefit. Any accumulated Metro Transit Benefit not accessed by the end of the calendar year will revert back to the District of Columbia Government. In the event that the District provides additional transit subsidies that exceed fifty dollars ($50.00) per month to any District employees in the Career Service as an enhanced benefit, the Parties agree to reopen this Agreement for the express purpose of incorporating the same or substantially similar benefit to the Union. ARTICLE 7 MILEAGE ALLOWANCE METRO REIMBURSEMENT AND ACCESS TO OFFICIAL GOVERNMENT VEHICLES AND TRANSPORTATION SECTION A - Parking Spaces: Three (3) parking spaces shall be set aside from among those allocated to the Office of the Attorney General in the underground parking garage at 400 6th Street, NW, Washington, D.C. 20001 for use by bargaining unit members as determined by the Union. The parking spaces shall be funded by the Union. The parking rate payable by the Union will not exceed the rate applicable to the parking spaces allocated to the Office of the Attorney General. The Union, within its sole discretion, may utilize one or more of its allocated spaces from time to time to provide short term parking for its members. Upon request, the Union shall notify the Employer which employees are authorized to use the Union parking spaces. SECTION B - Mileage Allowance: The parties agree that the mileage allowance established by the U.S. General Services Administration for authorized Federal Government travel shall be the reimbursement rate for Union employees authorized to use their personal vehicles for official District of Columbia business. To receive such allowance, authorization by Employer must be received in advance of the employees’ travel. Employees shall use the appropriate District Form to document mileage and timely request reimbursement. SECTION C - Use of Personal Vehicles: 1. Employees who are authorized and are within the scope of employment while using their personal vehicle for official business are covered by the District of Columbia Non- Liability Act (D.C. Official Code §§2-411 through 2-416). The Non-Liability Act generally provides that a District Employee is not subject to personal liability in a civil suit for property damage or for personal injury arising out of a motor vehicle accident during the discharge of the employee's official duties, so long as the employee was acting within the scope of his or her employment. 2. Claims by employees for personal property damage or loss incident to the use of their personal vehicle for official business may be made under the Military Personnel and Civilian Employees Claim Act of 1964 (31 U.S.C. §3701 et seq.). SECTION D - Reimbursement for Use of Personal Vehicles: Management shall not require an employee to use his/her personal vehicle for government purposes. In the event it becomes necessary for employees to use their personal vehicle for official government business, employees shall obtain prior approval from his/her immediate supervisor and shall be reimbursed for mileage and parking incurred consistent with District of Columbia rules, regulations and orders. SECTION E - Reimbursement for Taxicab or Online Vehicle Expenses: Employees who must travel by taxicab or online vehicle (e.g. Uber or Zipcar) for official government business to a destination that is not reasonably accessible by Metro shall be reimbursed for their travel, provided that they receive prior authorization from an immediate supervisor for reimbursement. SECTION F - Metro Fare Cards: Upon request, Employer shall provide metro fare cards in electronic form to employees for official government travel within the WMATA system. The metro fare card value shall be equivalent to the cost of travel at the time of day during which the employee travels. SECTION G - Availability of Fleet Vehicles: Upon prior approval by an immediate supervisor, management shall facilitate the request for a Department of Public Works fleet vehicle to the extent available. Employees may use the vehicle for official government business at no charge to the Employee. ARTICLE 8 SICK LEAVE INCENTIVE PROGRAM In order to recognize an employee's productivity through his/her responsible use of accrued sick leave, the Employer agrees to provide time-off in accordance with the following: SECTION A - Accrual: A full time employee who is in a pay status for the leave year shall accrue annually: 1. Three (3) days off for utilizing a total of no more than two (2) days of accrued sick leave. 2. Two (2) days off for utilizing a total of more than two (2) but not more than four (4) days of accrued sick leave. 3. One (1) day off for utilizing a total of more than four (4) but no more than five (5) days of accrued sick leave. SECTION B - Employees in a Non-pay Status: Employees in a non-pay status for no more than two (2) pay periods for the leave year shall remain eligible for incentive days under this Article. Sick leave usage for maternity or catastrophic illness/injury, not to exceed two (2) consecutive pay periods, shall not be counted against sick leave for calculating eligibility for incentive leave under this Article. SECTION C - Procedure for Use of Time Accrued: Time off pursuant to a sick leave incentive award shall be selected by the employee and requested at least three (3) full workdays in advance of the leave date. Requests for time off pursuant to an incentive award shall be given priority consideration and the employee's supervisor shall approve such requests for time off unless staffing needs or workload considerations dictate otherwise. If the request is denied, the employee shall request and be granted a different day off within one month of the date the employee initially requested. Requests for time off shall be made on the standard "Application for Leave" form. SECTION D - Use of Time Accrued: All incentive days must be used in full-day increments following the leave year in which they were earned. Incentive days may not be substituted for any other type of absence from duty. There shall be no carryover or payment for any unused incentive days. SECTION E - Part Time Employees: Part-time employees are not eligible for the sick leave incentive as provided in this Article. ARTICLE 9 ANNUAL LEAVE BUY-OUT SECTION A - Payment for Annual Leave: An employee who is separated or is otherwise entitled to a lump-sum payment under personnel regulations for the District of Columbia Government shall receive payment for each hour of unused annual leave in the employee's official leave record. SECTION B - Computation: The lump-sum payment shall be computed on the basis of the employee's hourly pay rate at the time of separation. ARTICLE 10 BACK PAY Arbitration awards or settlement agreements in cases involving an individual employee shall be paid within a reasonable time of receipt from the employee of relevant documentation, including documentation of interim earnings and other potential offsets. Employer shall submit the SF-52 and all other required documentation to the Department of Human Resources or the Office of Pay and Retirement Services within thirty (30) days following receipt from the employee of relevant documentation. ARTICLE 11 WAITING PERIODS FOR ADVANCEMENT WITHIN STEPS The within-grade waiting periods on the A-35 salary scale for step advancement for bargaining unit employees with a prearranged regularly scheduled tour of duty are as follows: 1. Steps 2, 3, 4 and 5: fifty-two (52) calendar weeks of creditable service; 2. Steps 6, 7, 8, 9 and 10: one hundred and four (104) calendar weeks of creditable service. ARTICLE 12 GRIEVANCE AND ARBITRATION PROCEDURES Grievance procedures shall be determined by the terms and conditions of Article 28 in the Non Compensation Agreement. ARTICLE 13 SAVINGS CLAUSE SECTION A: In the event any article, section or portion of this Agreement is held to be invalid and unenforceable by any court or other authority of competent jurisdiction, such decision shall apply only to the specific article, section, or portion thereof specified in the decision; and upon issuance of such a decision, the Employer and the Union agree to immediately negotiate a substitute for the invalidated article, section or portion thereof to the extent possible. SECTION B: To the extent consistent with the Contract Clause of the United States Constitution, the terms of this Agreement shall supersede any subsequently enacted D.C. laws, District Personnel Manual (DPM) regulations, or departmental rules concerning compensation covered herein for the term of this agreement. ARTICLE 14 DURATION AND FINALITY SECTION A -- Effective Date: This agreement shall be implemented as provided herein subject to the requirements of Section 1715 of the District of Columbia Comprehensive Merit Personnel Act ,D.C. Official Code, § 1- 617.15(a). This Agreement shall be effective on the date provided by law (i.e., when it is approved by the Council or as otherwise effective pursuant to D.C. Official Code § 1- 617.17(j)) and shall remain in full force and effect until September 30, 2026, or until a new compensation agreement becomes effective. Notice to reopen the Agreement shall be provided as required by D.C. Official Code § 1-617.17 (f)(1)(A)(i). SECTION B - Finality: This Agreement was reached after negotiations during which the parties were able to negotiate on any and all negotiable compensation issues, and contains the full agreement of the parties as to all such compensation issues that were or could have been negotiated. ARTICLE 15 INCORPORATION OF NON-COMPENSATION AGREEMENT The terms and conditions of the Non Compensation Agreement between the District of Columbia and the American Federation of Government Employees, Local 1403, AFL-CIO, effective through September 30, 2026 (Non-Compensation Agreement), are incorporated herein by reference into this Agreement. The provisions of this Compensation Agreement shall control to the extent of any inconsistency. PART II: WORKING CONDITIONS TABLE OF CONTENTS ARTICLE PAGE Recognition Labor/Management Relations Administration of Leave Alternative Work Schedule Employee Assistance Program Union Stewards/Official Time Union Use of Employer Facilities and Services Personnel Files Job Descriptions Late Arrival/Early Dismissal Strikes and Lockouts Contracting Out/Privatization Union Rights and Security Term Employees Discrimination Safety & Health Informational Reports on Employees Fitness for Duty Requests for Information Employee Use of Information Technology Training Employee Rights Sabbatical/Extended Leave Promotions and Classification Issues Timely Receipt of Correct Pay and Expense Reimbursements General Provisions Computation of Time Grievance and Arbitration Procedures Discipline and Discharge Savings Clause Incorporation of Compensation Agreement Terms Duration and Finality ARTICLE 1 RECOGNITION Section 1 - Recognition: A. The American Federation of Government Employees, (AFGE) Local 1403 (Union) is recognized as the sole and exclusive collective bargaining representative of employees in the bargaining unit as defined in Section 2 of this Article. B. As the sole and exclusive representative, the Union is entitled to act for and to negotiate collective bargaining agreements (CBA) on behalf of all employees in the bargaining unit. The Union shall represent the interests of all employees in the bargaining unit without discrimination as to membership. C. The Employer shall give the Union an opportunity to be present at any formal meeting between the Employer and one or more employee(s) in the bargaining unit concerning any grievance or general condition of employment of the employee(s) in the bargaining unit. A “formal meeting” refers to any meeting between an employee and any individual in his or her supervisory chain of control that includes at least one (1) other management official or supervisor and at least one (1) Union representative. Section 2 - Coverage: A. All Series 905 attorneys employed by the Office of the Attorney General for the District of Columbia (“OAG”), and all attorneys employed by an agency of the District of Columbia Government which is subordinate to the Mayor (collectively with OAG referred to herein as “Employer”), except employees excluded under D.C. Official Code § 1-617.09(b). PERB Case No. O1-RC-03; Certification No. 121; PERB Case No. 01014-RC-0301, Certification No. 121, 133 (April 19, 2005). B. AFGE Local 1403 is recognized as the sole and exclusive bargaining representative for the bargaining units set forth in PERB Certification No. 121 and PERB Certification No. 133. ARTICLE 2 LABOR-MANAGEMENT RELATIONS Section 1-A - Composition and Function of the OAG Labor-Management Committee: A. The Union and the OAG shall continue the existing OAG Labor-Management Committee (LMC) that will consist of an agreed upon number of Union and OAG representatives. B. The purpose of the OAG LMC, which shall meet monthly unless canceled in advance by the chairs, is to provide a forum for the exchange of views on working conditions, terms of employment, risk assessment, matters of common interest or other matters, which either party believes will contribute to improvement in the relations between the Union and the Employer within the framework of this Agreement. C. Performance evaluation appeals, grievances and disciplinary matters shall not be the subject of discussions at these meetings, nor shall the meeting be for any other purpose, which would modify, add to or detract from the provisions of this Agreement. The Committee shall adopt rules for meetings including rules for notices, agendas, times and locations. Section 1-B -Composition and Function of the MOLC Labor-Management Committee: A. The Union and the Mayor’s Office of Legal Counsel (MOLC) shall continue the existing Labor-Management Committee (LMC) that will consist of an agreed upon number of Union and MOLC representatives. B. The purpose of the MOLC LMC, which shall meet quarterly, is to provide a forum for the exchange of views on working conditions, terms of employment, risk assessment, matters of common interest or other matters, which either party believes will contribute to improvement in the relations between the Union and the Mayor within the framework of this Agreement. C. Performance evaluation appeals, grievances and disciplinary matters shall not be the subject of discussions at these meetings, nor shall the meeting be for any other purpose, which would modify, add to or detract from the provisions of this Agreement. The Committee shall adopt rules for meetings including rules for notices, agendas, times and locations. Section 2 - Subcommittees: The parties may mutually agree to establish subcommittees of the LMCs to study problems and conditions. Section 3 - Union’s Right to Request Impact and Effects Bargaining: Nothing herein shall be construed to limit the Union's right to request impact and effects bargaining over any proposed organizational changes. Section 4- Labor-Management Meetings: A. In mutual recognition of the parties' joint desire to discuss and resolve matters of concern at the lowest possible level, the Union steward and first-level supervisor, should meet periodically for the purpose of meaningful consultation and communication on the problems and policies of the organiza- tion in their working unit, and if appropriate, the steward may meet with supervisors of a higher level. Such meetings between supervisors and stewards shall be on duty time, shall be brief, and shall cover matters of concern between them and appropriate to their relationship. B. Appropriate representatives from the Union and Employer shall meet at either party's request to discuss problems concerning the implementation of this Agreement. Each party shall furnish the other with an itemized agenda setting forth the topics of discussion one (1) day before the meeting, unless otherwise agreed. The parties further agree that items not on the agenda may be raised for discussion, if agreed to by the parties at the meeting. Section 5 - Organizational Changes: A. The parties agree that changes to the functions and structure (except changes involving a particular individual as to personnel/supervisory appointments or transfers or space relocations) of the Employer, are a proper matter for consideration by the Labor-Management Committee or relevant subcommittee. The Employer may, in its discretion, solicit the views of the Union on any proposed organizational change at any time, but agrees that it shall provide to the Union President a copy of the final draft of organizational changes that will impact Bargaining Unit Employees. The Union President or the Union President’s designee may request a meeting concerning the proposed changes and the Attorney General and/or the Mayor, as appropriate, or their designees, shall honor any such request. Following these consultations, the Union will be provided a copy of the final plan that has been approved by appropriate officials. If any changes to the plan are made thereafter, the Union shall be provided a copy of such changes. Section 6 - Risk Assessment: B. The Union may make recommendations to the Attorney General and/or the Mayor, as appropriate, concerning risk management issues for District legal service employees. The Attorney General and/or the Mayor, as appropriate, or their designees will respond to risk management recommendations within a reasonable period of time after receipt, but in no event later than six months following the transmittal of a written recommendation from the LMC to the Attorney General and/or the Mayor, as appropriate. ARTICLE 3 ADMINISTRATION OF LEAVE Except as otherwise provided in this Agreement or the corresponding Compensation Agreement, the parties shall adhere to all applicable law and District government rules and regulations in the administration of leave. Annual leave must be requested reasonably in advance except in an emergency (unanticipated event). Employer’s decision to grant or deny annual leave shall be made within 72 hours of the request, excluding Saturdays, Sundays, holidays, and any other day that the District government is closed and will be based solely on mission (including coverage) requirements. Except in emergency situations, the Employer shall not consider the reason for the annual leave request in making the leave determination. If requested by the employee, the supervisor shall discuss the reason for the denial of any request, and discuss when the employee will be able to take the requested leave. Requests for annual leave shall be approved when possible. ARTICLE 4 ALTERNATIVE WORK SCHEDULES Section 1 - Fair Labor Standards Act: Attorneys are exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) and no overtime pay or compensatory time is authorized for work performed unless authorized elsewhere in this Agreement. Section 2 Alternative Work Schedules/Teleworking: The following three types of Alternative Work Schedules (AWS) for covered employees include: (1) a Flexible Work Schedule, (2) a Compressed Work Schedule, and (3) a Teleworking Schedule, including Ad Hoc (or situational) teleworking. Employees participating in teleworking plans must be accessible and available during their entire tour of duty and for recall to physically appear in the office. Employees are solely responsible for completing assigned work after appropriate management review and shall comply with management’s requirements with regard to advance review of drafts prior to a final deadline. The Union shall be given advance notice when new or revised flexible/alternative work schedules are proposed and shall be given the opportunity to consult. A flexible/alternative work schedule shall not affect the existing leave system. Leave will continue to be earned at the same number of hours per pay period as for employees on five (5) day, forty (40) hour schedules and will be charged on an hour-by-hour basis. Section 3 Supervisor's Authority: An attorney’s request for AWS shall not be unreasonably denied. An immediate supervisor must provide written justification for the denial of an AWS request. An attorney may seek review of the denial of an alternative work schedule to the manager of his/her immediate supervisor. OAG employees may appeal a manager’s denial of his/her AWS request to the Attorney General. Agency employees may appeal a manager’s denial of his/her AWS request to the agency head. A supervisor may require AWS participants to provide additional information about conformance with their approved tours, such as the use of sign-in sheets, or other time accountability systems or methods. ARTICLE 5 EMPLOYEE ASSISTANCE PROGRAM Section 1 - General: The parties recognize that alcoholism, drug abuse, and emotional and mental illness are health problems that may affect job performance. To this end, the Employer will, at least annually, make employees aware of the District's Employee Assistance Program (DPM Chapter 20B, Section 2050, EAP) and available services provided under it. The provisions of the DPM govern except as provided below. Section 2 - Use of Sick Leave: Employees undergoing a prescribed program of treatment for alcoholism, drug abuse, emotional illness, or mental illness will be allowed to use available sick leave for this purpose on the same basis as any other illness with appropriate documentation of attendance. ARTICLE 6 UNION STEWARDS/OFFICIAL TIME Section 1 - Number of Stewards: A. The Union may designate, other than the Chief Steward, no more than five (5) stewards, or one (1) steward for every fifty (50) bargaining unit employees, whichever is greater. B. The Union will endeavor, whenever possible, to limit the number of Union Representatives working in the same division, to a number that will not cause a significant work disruption in that work unit. Section 2 - Designation of Representatives: A. Union Officers, Stewards and Other Representatives 1. Union Officers and Stewards: The Union agrees to provide the Employer and the Office of Labor Relations and Collective Bargaining (OLRCB) with a written list of its officers and stewards within two (2) workdays after the date this Agreement is executed and within five (5) working days after each general election. 2. Other Representatives: The Union will also notify the Employer and OLRCB, in writing, of other Union representatives who may request official time, along with a description of their individual Union assignments. B. Changes in the list will be submitted to the Employer's designated official(s) at least two (2) workdays prior to the assumption of representational responsibilities by any new officers, stewards or other representatives. If a Union official is not on the list of designated representatives and is needed prior to the two (2) days notice, the Union President shall notify the Employer's designated official(s) by phone and/or e-mail before the official will be recognized. The Employer shall recognize any Union official designated pursuant to this section. C. The Employer will not recognize any Union official or representative who is not listed as required or for whom notification was not provided in accordance with this section. D. Except where explicitly provided, this Agreement shall not be interpreted in any manner that interferes with the Union's right to designate representatives of its own choosing on any particular representational matter. E. The Union will be notified prior to any change in tours of duty of duly appointed Stewards. The Union shall also be notified prior to the organization of tours of duty that would affect the members of the unit. F. Employer recognizes that the Union may designate employee members, selected or appointed to a Union office or delegated to a Union function and agrees that, upon request, the employee may be granted annual leave or leave without pay for the period of time required to be away from his/her job. Such requests will be submitted as far in advance as possible, but not less than one (1).working day prior to the day the leave is to begin in the event the leave request is eight (8) hours or less, or five (5) working days in advance, in the event the leave request exceeds eight (8) hours. The Union shall be notified of a disapproval of leave in writing together with the Employer's justification. Leave contemplated under this article shall not be denied except for good cause. Section 3 - Performance Appraisals: A. No Union representative will be disadvantaged in the assessment of his/her performance based on his/her participation in Union activities and/or use of official time to conduct labor-management business authorized by this Agreement. However, performance problems unrelated to participation in Union activities and/or the use of official time may be addressed in accordance with other relevant provisions of this Agreement. B. At the beginning of the rating year or when the Union representative is initially appointed, workload and performance expectations will be established that consider the actual use of official time and the impact on performance of the duties of the employee's position. Additionally, the designated supervisor and the Union representative will meet at least quarterly to discuss needed adjustments to workload and representational needs. Section 4 - Official Time for Representational Activity: A. Pursuant to the statutory right and responsibility of the Union to represent bargaining unit employees, representatives of the Union will be granted reasonable amounts of official time to investigate, prepare for, and conduct representational functions in accordance with the provisions of this Article as follows. The Union President will be assigned a caseload equal to no greater than 50% of the average caseload of an attorney with his or her grade level and experience in the Division which employs the Union President. The Union Vice President # 1 will be assigned a caseload equal to no greater than 80% of the average caseload of an attorney with his/her grade level and experience in the Division which employs the Union Vice President #1. The Union Vice President # 2 will be assigned a caseload equal to no greater than 85% of the average caseload of an attorney with his/her grade level and experience in the office which employs the Union Vice President #2. The Union represents that Union Vice President # 1 will primarily represent OAG employees and Union Vice President # 2 will primarily represent employees in subordinate agencies. No other Union members or officer will be assigned a reduced caseload. However, other Union members or officers shall be granted reasonable amounts of official time to investigate, prepare for, and conduct representational functions as needed, including necessary travel time. Employer will not be required to grant or approve official time for any Union shop steward, officer or other representative who has not complied with the Employer notification requirements of Section 2 of this Article. B. For the purpose of this Article, "representational functions" means those authorized activities undertaken by employees on behalf of other employees or the Union pursuant to representational rights under the terms of this Agreement and District of Columbia law. Examples of activities for which reasonable amounts of official time will be authorized include: (1) collective bargaining negotiations; (2) discussions with Employer representatives concerning personnel policies, practices, and matters affecting working conditions; (3) any proceeding in which the Union is representing an employee or the Union pursuant to its obligations under this Agreement; (4) grievance meetings and arbitration hearings; (5) a disciplinary or adverse action oral reply meeting, if the Union is designated as representative of the employee; (6) any meetings for the purpose of presenting replies to the proposed termination of probationers, if the Union is designated as representative of the employee; (7) any meeting for the purpose of presenting reconsideration replies in connection with the denial of within-grade increases, if the Union is designated as representative of the employee; (8) attendance at an examination of an employee who reasonably believes he or she may be the subject of a disciplinary or adverse action; (9) informal consultation meetings between the Employer and the Union; (10) conferring with affected employees about matters for which remedial relief is available under the terms of this Agreement; (11) attendance at meetings of committees on which Union representatives are authorized members by the Employer or this Agreement; (12) attendance at labor-management committee meetings or other joint labor- management cooperative efforts; (13) attendance at Employer recognized or sponsored activities to which the Union has been invited; (14) attendance at public hearings of the District of Columbia City Council or other legislative/administrative bodies of the District or federal government relating to matters that affect either the Employer or labor relations/labor matters in the District of Columbia that impact or may impact the Union; (15) necessary travel to any of the activities listed above; (16) training related to the representational functions of Union officials and stewards which the parties agree is to their mutual benefit and for which management is given notice and provided with an agenda and course description; and (17) new employee orientation meetings. C. Official time shall not include time spent on internal Union business, including, but not limited to: (1) Attending Local, Regional, or National Union meetings; (2) Soliciting members; (3) Collecting dues; (4) Posting notices of Union meetings; administering elections; (5) Preparing and distributing internal Union newsletters or other such internal documents; and, (6) Internal Union strategy sessions, except for representational functions. Section 5 - Requesting Official Time: A. All use of official time by any Union officer, official, steward or other representative must be recorded on the Employer-approved Official Time Report Form and submitted on a monthly basis to Employer’s designee. B. Official time for Union representatives should be requested on the approved “Official Time Report” form. The Union representative will request authorization for official time from his or her supervisor in advance and as is consistent with workload requirements except when circumstances do not allow for advance approval (e.g., unscheduled meetings called by management where the Union's attendance is requested; or representation of employees in investigatory interviews; or circum- stances where the employee might be subject to discipline). Failure to properly request and obtain approval of official time may result in disciplinary action depending on the circumstances. C. All advance requests for official time are understood to be estimates. D. If a request for official time is denied, the manager or supervisor refusing such permission shall give the reasons for refusal in writing to the individual who was so denied, if the individual involved makes such a request. E. Employee Union representatives, except the Union President, in light of his 50% reduced caseload, Vice President #1, in light of his or her 20% reduced caseload, and Vice President #2, in light of his or her 15% reduced caseload, will complete the "Official Time Report" form (attached to this Agreement as Exhibit "A") provided by the Employer to accurately depict the actual official time used in a timely manner each pay period. F. Management shall not prevent Union representatives from representing employees at reason- able times consistent with the provisions of this Agreement. The Union and employees recognize that workload and scheduling considerations will not always allow for the immediate release of employees from their assignments. However, the Employer agrees that such permission for release shall not be unreasonably delayed or denied. Workload needs will be balanced with official time needs prior to approval based on the following standard: official time requests shall be granted unless they hinder the accomplishment of essential workload requirements that cannot otherwise be accommodated. G. All affected employees (e.g., grievants, representatives, witnesses, and appellants) whose presence has been determined to be necessary, by either the Union or the Employer, as the case may be, at relevant proceedings (including hearings, meetings, arbitrations, oral replies, or other labor-manage- ment business) will receive necessary official/duty time to participate in and travel to and from the proceedings. Section 6: A. The parties agree that Union officials and stewards are entitled to take a reasonable amount of official time and the officials and stewards requesting/using official time shall be treated with civility and shall not be discriminated against because they participate in Union activities and/or take official time. Likewise, Union officials and stewards shall treat supervisors with civility in regard to their supervisors need to have information about the amount and type of official time being requested so that the supervisor can effectively manage their personnel and allotted workload. The parties agree that there is a need for flexibility to enable managers to effectuate the mission of the government and, at the same time, to enable Union officials and stewards of the bargaining unit to take care of Union business expeditiously. B. In cases of alleged abuse of official time by the Union, or alleged improper restriction of official time or discrimination by the Employer, the parties shall endeavor to resolve the matter at the lowest possible level. If efforts to resolve the matter between the first line supervisor and the Union official or representative fail, then the party alleging the abuse or improper restriction shall bring the matter to the attention of the appropriate management and Union representatives. If the matter is not

AI Summary

Committee Categories

Phil Mendelson (D)*, 

Notice of Intent to Act on PR26-0291 Published in the DC Register (on 09/19/2025)

Official Document