PR26-0291 Compensation and Working Conditions Agreement between the…

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MURIEL BOWSER
MAYOR
September 16, 2025
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
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.
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~~ ~ Phil Mendelson
at the request of the Mayor
A PROPOSED RESOLUTION
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
16 To approve the negotiated compensation agreement for employees in Compensation Unit 33.
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18 RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
19 resolution may be cited as the "Compensation and Working Conditions Agreement between the
20 District of Columbia and the Office of the Attorney General and the American Federation of
21 Government E mployees, Local 1403, AFL-CIO (Compensation Unit 33) Approval Resolution of
22 2025".
23 Sec. 2. Pursuant to section 1717(j) of the District of Columbia Comprehensive Merit
24 Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code§ 1-
25 617. l 7(j)), the Council approves the collective bargaining agreement between the District of
26 Columbia and the Office of the Attorney General and the American Federation of Government
27 Employees, Local 1403, AFL-CIO, and the associated pay schedules, which were transmitted to
28 the Council by the Mayor on __________ _
29 Sec. 3. Transmittal
30 The Council shall transmit a copy of this resolution, upon its adoption, to the Mayor, the
31 Attorney General, and the American Federation of Government Employees, Local 1403.
32 Sec. 4. Fiscal impact statement.
The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal 33
impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, 34
approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)). 35
Sec. 5. Effective date. 36
This resolution shall take effect immediately. 37
District of Columbia Government Salary Schedule: Legal Services (Union)
Fiscal Year: 2024 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:
Peoplesoft Schedule: LA0002
% Increase: 3.0%
Resolution Number:
Date of Resolution:
Between
Grade 1 2 3 4 5 6 7 8 9 10 Steps
09 65,114$ 67,285$ 69,456$ 71,627$ 73,798$ 75,969$ 78,140$ 80,311$ 82,482$ 84,653$ 2,171$
10 71,722$ 74,109$ 76,496$ 78,883$ 81,270$ 83,657$ 86,044$ 88,431$ 90,818$ 93,205$ 2,387$
11 78,774$ 81,405$ 84,036$ 86,667$ 89,298$ 91,929$ 94,560$ 97,191$ 99,822$ 102,453$ 2,631$
12 94,422$ 97,572$ 100,722$ 103,872$ 107,022$ 110,172$ 113,322$ 116,472$ 119,622$ 122,772$ 3,150$
13 112,290$ 116,034$ 119,778$ 123,522$ 127,266$ 131,010$ 134,754$ 138,498$ 142,242$ 145,986$ 3,744$
14 132,688$ 137,114$ 141,540$ 145,966$ 150,392$ 154,818$ 159,244$ 163,670$ 168,096$ 172,522$ 4,426$
15 156,095$ 161,297$ 166,497$ 171,697$ 176,899$ 182,099$ 187,300$ 192,501$ 195,300$ 199,240$ Varies
LS (Legal Service)
Steps

District of Columbia Government Salary Schedule: Legal Services (Union)
Fiscal Year: 2025 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:
Peoplesoft Schedule: LA0002
% Increase: 3.0%
Resolution Number:
Date of Resolution:
Between
Grade 1 2 3 4 5 6 7 8 9 10 Steps
09 67,068$ 69,304$ 71,540$ 73,776$ 76,012$ 78,248$ 80,484$ 82,720$ 84,956$ 87,192$ 2,236$
10 73,872$ 76,331$ 78,790$ 81,249$ 83,708$ 86,167$ 88,626$ 91,085$ 93,544$ 96,003$ 2,459$
11 81,137$ 83,847$ 86,557$ 89,267$ 91,977$ 94,687$ 97,397$ 100,107$ 102,817$ 105,527$ 2,710$
12 97,253$ 100,498$ 103,743$ 106,988$ 110,233$ 113,478$ 116,723$ 119,968$ 123,213$ 126,458$ 3,245$
13 115,660$ 119,516$ 123,372$ 127,228$ 131,084$ 134,940$ 138,796$ 142,652$ 146,508$ 150,364$ 3,856$
14 136,668$ 141,227$ 145,786$ 150,345$ 154,904$ 159,463$ 164,022$ 168,581$ 173,140$ 177,699$ 4,559$
15 160,778$ 166,136$ 171,492$ 176,848$ 182,206$ 187,562$ 192,919$ 198,276$ 201,159$ 205,217$ Varies
LS (Legal Service)
Steps

District of Columbia Government Salary Schedule: Legal Services (Union)
Fiscal Year: 2026 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:
Peoplesoft Schedule: LA0002
% Increase: 3.0%
Resolution Number:
Date of Resolution:
Between
Grade 1 2 3 4 5 6 7 8 9 10 Steps
09 69,080$ 71,383$ 73,686$ 75,989$ 78,292$ 80,595$ 82,898$ 85,201$ 87,504$ 89,807$ 2,303$
10 76,087$ 78,620$ 81,153$ 83,686$ 86,219$ 88,752$ 91,285$ 93,818$ 96,351$ 98,884$ 2,533$
11 83,572$ 86,363$ 89,154$ 91,945$ 94,736$ 97,527$ 100,318$ 103,109$ 105,900$ 108,691$ 2,791$
12 100,172$ 103,514$ 106,856$ 110,198$ 113,540$ 116,882$ 120,224$ 123,566$ 126,908$ 130,250$ 3,342$
13 119,129$ 123,101$ 127,073$ 131,045$ 135,017$ 138,989$ 142,961$ 146,933$ 150,905$ 154,877$ 3,972$
14 140,767$ 145,463$ 150,159$ 154,855$ 159,551$ 164,247$ 168,943$ 173,639$ 178,335$ 183,031$ 4,696$
15 165,601$ 171,120$ 176,637$ 182,153$ 187,672$ 193,189$ 198,707$ 204,224$ 207,194$ 211,374$ Varies
LS (Legal Service)
Steps

Government of the District of Columbia
Office of the Chief Financial Officer

Glen Lee
Chief Financial Officer

1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727 -2476
www.cfo.dc.gov
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.

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

Page 2 of 3

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 s alary. 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; f unding 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 3 of 3

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)
FY 2025(a) FY 2026(b) FY 2027(c) FY 2028
Four-Year
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.

1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004 Phone (202) 724-5565 Email: benjamin.moskowitz1@dc.gov

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
2024
(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

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 3
1 Recognition 3
2 Wages 3
2A Pay for Performance Bonuses 4
2B Saturday, Sunday and Holiday Pay 5
3 Benefits Committee 5

4 Benefits 6
5 Compensatory Time 14
6 Metro Pass/ Monthly Transit Subsidy 15
7 Mileage Allowance, Metro Reimbursement and

15
Access to Official Government Vehicles and

Transportation
8 Sick Leave Incentive Program 17
9 Annual Leave/Compensatory Time Buy -Out 18
10 Back Pay 18
11 Waiting Period for Advancement Within Steps

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12 Grievance and Arbitration Procedure 18
13 Savings Clause 19
14 Duration and Finality 19
15 Incorporation of Non Compensation Agreement 19

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.
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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,
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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
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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
8

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
9

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:
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(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;
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(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 16 th of each year;
(e) Memorial Day, the last Monday in May of each year;
(f) Juneteenth Independence Day, June 19 th 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:
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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
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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
17

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
1 Recognition 23
2 Labor/Management Relations 23
3 Administration of Leave 25
4 Alternative Work Schedule 26
5 Employee Assistance Program 26
6 Union Stewards/Official Time 27
7 Union Use of Employer Facilities and Services 32
8 Personnel Files 33
9 Job Descriptions 34
10 Late Arrival/Early Dismissal 34

11 Strikes and Lockouts 35
12 Contracting Out/Privatization 35
13 Union Rights and Security 35
14 Term Employees 37
15 Discrimination 38
16 Safety & Health 40
17 Informational Reports on Employees 42
18 Fitness for Duty 43
19 Requests for Information 43
20 Employee Use of Information Technology 43
22

21 Training 44
22 Employee Rights 45
23 Sabbatical/Extended Leave 46
24 Promotions and Classification Issues 47
25 Timely Receipt of Correct Pay 49
and Expense Reimbursements

26 General Provisions 50
27 Computation of Time 51
28 Grievance and Arbitration Procedures 51
29 Discipline and Discharge 55
30 Savings Clause 57
31 Incorporation of Compensation Agreement Terms 57
32 Duration and Finality 58

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.
24

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,
25

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
27

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 allo wed 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.
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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
29

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;
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(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
31

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 resolved then
either party may seek assistance from the D.C. Office of Labor Relations and Collective Bargaining.

Section 7:
The parties shall conduct separate training concerning use of official time for members and managers
and supervisors.
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ARTICLE 7
UNION USE OF EMPLOYER FACILITIES AND SERVICES

Section 1:

Upon request, the Union may have access to meeting space by following established Employer
procedures. Except as provided elsewhere in this Agreement, the Union shall attempt to hold
meetings during the non-work time of employees attending the meetings. The Union will be
responsible for maintaining decorum at meetings on the Employer’s premises and for restoring
the space to the same condition to which it existed prior to the meetings.

Section 2:

Employer workforce, office space, and supplies, except as otherwise provided in this Agreement,
shall not be used in support of internal Union business.

Section 3:

The Employer may provide appropriate office space with a locking door for the Union.
Assigned Union office space will remain in use unless or until the Employer needs the use of the
assigned space. In this event, management will notify the Union sixty (60) days in advance.
Other approximately equivalent or mutually agreeable space will be made available at least
fifteen (15) business days prior to the time the Union is required to vacate the present office.

Section 4:

The Employer will make available to the Union at a minimum two (2) locking file cabinets, one
(1) desk, and three (3) chairs.

Section 5:

The Union shall limit its posting of notices and bulletins to Union-designated bulletin boards,
and each such posting shall be authorized and initialed by a Union officer or steward. A courtesy
copy of all materials to be posted pursuant to this article will be provided to the Attorney General
and/or Mayor, as appropriate, or their designees at the time of posting. Each bulletin board shall
have the following notice posted in a prominent place:

This bulletin board is for the exclusive use of AFGE Local 1403 and its membership.
Matters posted on the board are not intended to reflect the official views of the DC
Government or the Employer unless issued by them.

Section 6:

The contents of the notices posted on the bulletin board shall be at the discretion of the Union,
except that the Attorney General and/or Mayor, as appropriate, or their designees may request
the removal of language or material that it believes is defamatory or discriminatory. With notice
to the Union, Employer may remove language or material that is defamatory or discriminatory.

Section 7:

Union officers and representatives, and other unit members who serve in any capacity on behalf
of the Union, may use their regular workstations including telephones, computers, and e-mails to
communicate with bargaining unit employees in connection with their representational functions;
provided however, such activity shall not interfere with the effective operation of the
Government’s business. Employer shall not monitor Union telephone or email activity or content
related to representational functions. All communication regarding terms and conditions of
employment shall be in accordance with the Code of Conduct applicable to District Government
employees as defined in the Government Ethics Act (D.C. Law 19-124, D.C. Official Code § 1-
1161.01 et seq.). Communications, including broadcast emails, will not contain statements that
reflect on or attack the integrity or motives of individuals, the Office of the Attorney General, the
Mayor, or other agencies of the District Government. Communications will clearly identify the
Union official responsible for its content.

ARTICLE 8
PERSONNEL FILES

Section 1 - Official Files – Definition and Right to Examine:
Employees and/or their authorized representatives shall be permitted to examine all contents of the
employee’s personnel files, including without limitation the Official Personnel File (“OPF”), whether
maintained by the Employer, DCHR or elsewhere, upon request.

Section 2 - Right to Respond:

Each Employee shall have the right to answer any material filed in his/her personnel files and
his/her answer shall be attached to the material to which it relates. Unless prohibited by law or
regulation, in the case of complaints made orally that are reduced to writing and placed in a
personnel file, Employees shall be informed of the person making the complaint; the substance
of the complaint, and the date the complaint was made and may respond as provided for in this
section.

Section 3 - Right to Copy:

An employee and/or their authorized representatives will be permitted to copy any material in all
personnel files, including without limitation the OPF, for that employee maintained by the Employer.

Section 4 - Access by Union :
Upon presentation of written authorization by an employee, the Union representative may examine all of
the employee's personnel files, including without limitation the OPF, and obtain copies of the material
free of charge.

Section 5 – Employee to Receive Copies:

As consistent with applicable law, the employee shall receive a copy of all material placed in
his/her OPF and all personnel related materials, including electronic data, upon request.

ARTICLE 9
JOB DESCRIPTIONS

Each employee within the unit shall receive a copy of the employee’s current job description upon
request. When an employee’s job description is changed, the employee and the Union shall be
provided a copy of the new job description. When there is a material change in job duties, the
employee shall be given advance notice of the change.

ARTICLE 10
LATE ARRIVAL/EARLY DISMISSAL

Section 1 -- Late Arrival:

Employees shall be permitted to arrive late at work without charge to leave during inclement
weather or during other extraordinary circumstances where the District government has
authorized a late arrival for all non-essential employees, consistent with the authorization. All
employees shall be considered non-essential for purposes of this Article unless they have been
previously notified of their essential status.

Section 2 -- Early Dismissal:

A. Whenever the Attorney General, the Mayor, designated agency head, or an
authorized official authorizes the early dismissal of District government employees, all
employees (except those who have been designated in advance as essential employees consistent
with the applicable laws and regulations and those who have been notified by their supervisor
that because of specific pressing work requirements that they may not leave work early) shall be
permitted to leave their duty stations consistent with the early dismissal authorization. The
Attorney General and/or Mayor (or their designees) shall make every reasonable effort to ensure
that employees are notified timely of the early dismissal or other leave policy during
extraordinary circumstances. In addition, managers and supervisors shall make every reasonable
attempt to ensure that employees who they manage or supervise are notified of the early
dismissal authorization.

B. Notice shall be provided to employees whose work assignments do not permit
them to leave work early regardless of the general early release authorization.

Section 3 -- Employees on leave during the late arrival/early dismissal period:

An employee who previously requested and was granted leave during the authorized late arrival
and/or early dismissal hours shall not be charged leave for the period requested that coincides
with the authorized late arrival and/or early dismissal hours.

ARTICLE 11
STRIKES AND LOCKOUTS

In accordance with applicable law, it shall be unlawful for any District Government employee or the
Union to authorize, ratify or participate in a strike against the District. The term strike as used herein
means any unauthorized concerted work stoppage or slowdown. No lockout of employees shall be
instituted by the Employer during the term of this Agreement except that the Employer in a strike
situation retains the right to close down any facilities to provide for the safety of employees, equipment
or the public.

ARTICLE 12
CONTRACTING OUT/PRIVATIZATION

Employer recognizes the Union’s desire to retain all work regularly performed for the Employer,
and the Union recognizes the Employer’s need to maintain an efficient workplace; therefore,
Employer will use its best efforts to avoid the displacement of bargaining unit employees caused
by a privatization contract to perform work that has been traditionally and regularly performed
by bargaining unit employees. Decisions regarding contracting out are areas of discretion of the
Employer. The Employer must notify the Union at least thirty (30) days in advance of any
contracting out actions. The Union shall have full opportunity to make its recommendations
known to the Employer who will duly consider the Union’s position and give reasons in writing
to the Union for any contracting out action. The Employer shall consult with the Union to
determine if the needs of the Government may be met by means other than contracting out work
traditionally performed by bargaining unit employees.

ARTICLE 13
UNION RIGHTS AND SECURITY

Section 1 – Exclusive Agent:

The Union shall be the exclusive collective bargaining representative of bargaining unit
employees.

Section 2 – Access to Employees:
36

Representatives of the Union shall have access to individual employees, either new or rehired, in
its bargaining unit to explain Union membership, services and programs. Such access shall be
voluntary for new and rehired employees and shall occur during the formal orientation session.
The Union shall have the opportunity to provide a fifteen (15) minute presentation as a part of
the orientation programs for the Employer.

Section 3 – Dues Check Off:

Pursuant to D.C. Official Code § 1-617.07, the Employer shall deduct dues from the bi-weekly
salaries of those employees who authorize the deduction of said dues. The Union shall be solely
responsible for notifying employees, prior to obtaining their authorization, that they have certain
constitutional rights consistent with Supreme Court precedent. The employee must complete and
sign an authorized dues deduction form to authorize the withholding. Employer will promptly
process dues deduction forms.

Section 4 – Annual Notification of Annual Dues Amount:

The amount to be deducted shall be certified to the Office of Labor Relations and Collective
Bargaining (OLRCB) annually in writing by the appropriate official of the Union. The
employee’s authorization shall be forwarded to the OLRCB. It is the responsibility of the
employee and the Union to bring errors or changes in status to the attention of the Employer.
Corrections or changes shall be made at the earliest opportunity after notification is received but
in no case will changes be made retroactively, unless the Employer fails to deduct dues due to
the Employer’s action or inaction. This provision shall supersede any other dues deduction
agreement in effect prior to the effective date of this Agreement.

Section 5 – Cost of Processing:

Union dues shall be transmitted to the Union, minus a fee of $.15 per dues deduction per pay
period, payable to the OLRCB or the Office of the Attorney General, as the case may be for the
administrative expenses associated with the collection of said dues pursuant to executed dues
check off authorizations.

Section 6 – Hold Harmless:

The Union shall indemnify, defend and hold the Employer harmless against any and all claims,
demands and other forms of liability that may arise from the operation of this Article. In any case
in which a judgment is entered against the Employer as a result of the deduction of dues or other
fees, the amount held to be improperly deducted from an employee’s pay and actually transferred
to the Union by the Employer shall be returned to the Employer or conveyed by the Union to the
employee(s) as appropriate.

Section 7:

Payment of dues shall not be a condition of employment.

Section 8:

The Union may require that an employee who does not pay dues to pay reasonable costs incurred
by the Union in representing such employee in grievances, adverse actions or appeal proceedings
within the provisions of the CMPA, provided the Union gives advance notice of said costs to the
employee.

Section 9:

The terms and conditions of this Agreement shall apply to all employees in the bargaining unit
without regard to Union membership.

ARTICLE 14
TERM EMPLOYEES

Section 1:

A. Term employees in the bargaining unit shall be given not less than two (2) pay
periods notice of the termination of their appointment.

B. Term bargaining unit employees shall be fully informed in their offer letter prior
to their entrance on duty that the offer of employment is a term position. Term employees shall
be provided a copy of their official position description.

C. To the extent not inconsistent with District or Federal law and regulations, the
Employer shall use its best efforts, to convert term bargaining unit employees (“NTE
employees”) to permanent status by the end of each fiscal year if (1) the employee is in a pay
status on September 30, 2017, and at the start of each successive fiscal year; (2) Council
appropriates sufficient funding that may be utilized for the conversion of attorney term
employment into permanent employment; (3) the employee performs services for which the
Employer has a continuous need; and (4) the employee has both served for at least one year and
performed at a meets expectations level, or the equivalent, for the most recent evaluation rating
38

period.

D. By December 1st of each year, Employer must provide the Union with the names
of all unit term employees, the reason why their positions are term positions, and the names of all
unit employees who have been converted to permanent status.

Section 2 – Priority Conversion of NTE Employees to FTE Status:

Management shall give full consideration for the competitive appointment of the most qualified
NTE employee for any permanent vacancy in a legal services section or subordinate agency,
provided that the NTE employee has:
1. Substantially similar, or greater, experience relevant to the vacant position in that
section or subordinate agency, respectively;
2. A successful rating or its equivalent on the most recent performance appraisal, and;
3. More than 24 months of continuous service.

ARTICLE 15
DISCRIMINATION

Section 1 – General Provisions:

A. In accordance with the D.C. Human Rights Act of 1977, as amended, D.C.
Official Code 2-1401 et seq., the Employer shall not discriminate against any Employee because
of actual or perceived race, color, religion, national origin, sex, age, marital status, personal
appearance, sexual orientation, family responsibilities, matriculation, political affiliation,
disability, gender identity or expression or genetic information.

B. Employer and the Union agree to cooperate to provide equal opportunity for
employment and promotion to all qualified persons, to cooperate in ending discrimination, and to
promote the full realization of equal employment opportunity through a positive and continuing
effort. To this end, EEO concerns may be filed with OAG’s or the Mayor’s EEO Director, as
applicable and in accordance with OAG’s Equal Employment Opportunity Office Order
currently in effect, as amended, or any substantively similar Mayoral policy or directive,
respectively and as the case may be. At the request of either the Union or Employer, the
appropriate EEO Director shall consider any employment practice or policy that allegedly has an
adverse impact on members of any protected group.

Section 2 - Equal Employment Practices:

The Employer shall continue implementation of any applicable Equal Employment Opportunity
Policy and any applicable Affirmative Action Plan in accordance with existing law on
affirmative action. The respective Affirmative Action Plans will be developed in accordance
with Federal and D.C. Office of Human Rights guidelines. The Union may provide nonbinding
input on the development of the Affirmative Action Plans through OAG’s or the Mayor’s EEO
Director, as applicable. The Employer shall provide the Union a copy of the Affirmative Action
Plans, when developed by the Employer.
39

Section 3 – Sexual Harassment:

A. All Employees must be allowed to work in an environment free from sexual
harassment. Therefore, the Union and Employer agree to identify and work to eliminate such
occurrences in accordance with any applicable District sexual harassment policy as amended or
any subsequent policy developed.

B. Sexual harassment includes unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature when: (1) submission to such
conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
(2) submission to or rejection of such conduct by an individual is used as the basis for
employment decisions affecting such individual; or (3) such conduct has the purpose or effect of
unreasonably interfering with an individual’s work performance or creating an intimidating,
hostile, or offensive working environment.

Section 4 – Union Activity:

The Employer shall not in any way discriminate against any employee because of the employee’s
membership or affiliation in or with the Union or service in any capacity on behalf of the Union.
Each employee has the right, freely and without fear of penalty or reprisal:

A. To form, join and assist in labor organization or to refrain from this activity;

B. To engage in collective bargaining concerning terms and conditions of
employment, as may be appropriate under the law, rules and regulations through a duly
designated representative; and

C. To be protected in the exercise of these rights.

Section 5 – Discrimination Charges and Election:

A. An employee may raise a complaint of discrimination under applicable law (to the
Mayor’s or OAG’s EEO Director through the administrative complaint process, the Office of
Human Rights, the Equal Employment Opportunity Commission, local or federal courts). In
consideration for the benefits of arbitration, each employee must sign the attached waiver
acknowledging voluntary waiver of the employee’s federal statutory rights, including the
employee’s rights under Title VII as a condition precedent to submission of his/her
discrimination complaint to the grievance process. If an employee elects not to voluntarily
waive the employee’s rights, the employee cannot submit the employee’s discrimination claim
through the grievance process. Grievances must be filed within thirty (30) days of the date that
the employee knew or should have known of the conduct being grieved. An employee shall be
deemed to have exercised this option when the matter that gives rise to the allegation of
discrimination is made the subject of a timely filed grievance or an informal EEO complaint,
whichever event (filing) occurs first.

B. The Union and Employer shall agree on a panel of arbitrators who shall have at
least five years of experience in employment discrimination law to hear such grievances at the
arbitration level of review.

C. A party may appeal an arbitrator’s award to the Public Employee Relations Board
(PERB). If PERB fails to either exercise jurisdiction or fails to take any step to move the matter
forward within 180 days, the complainant shall remove and file the matter with D.C. Office of
Human Rights for de novo review.

D. A complainant has the right to be accompanied, represented, and advised by a
representative of her/his choosing at any stage of the complaint process, except where there is a
conflict of interest or position. No party (including the Employee or the Union) is entitled to
attorney fees or costs at any level of review for any grievance filed under this Article.

E. The Employer shall notify the Union of all remedial or corrective actions that
impact on bargaining unit employees to be taken as the result of informal or formal resolution of
EEO complaints.

FORM TO BE COMPLETED BY EMPLOYEES WHO DECIDE TO FILE A GRIEVANCE
OVER A DISCRIMINATION CHARGE

I, ______________________ , acknowledge that I have decided to submit my
employment discrimination charge through the grievance procedure. In consideration of
arbitration, I will forego and waive my rights to file a separate claim under the discrimination
statutes, including Title VII, in accordance with applicable law governing such elections. See
Alexander v. Denver-Gardner, 415 U.S. 36 (1974).

Dated: _________________________________
EMPLOYEE’S NAME

ARTICLE 16
SAFETY AND HEALTH

Section 1 - Working Conditions:

A. The Employer shall provide and maintain safe working conditions for all
41

employees. It is understood that the District may exceed standards established by regulations
consistent with the objectives set by law. The Union will cooperate in these efforts by
encouraging its members to work in a safe manner and to obey established safety practices and
regulations.

B. Matters involving safety and health will be governed by the D.C. Occupational
Safety and Health Plan in accordance with the Comprehensive Merit Personnel Act (D.C.
Official Code section 1-620.01 et seq., as amended).

Section 2 - Corrective Actions:

A. If an employee observes a condition that he or she reasonably believes to be
unsafe, the employee shall report the condition to the immediate supervisor and the OAG Risk
Manager Specialist or the Risk Manager for the District agency, as applicable.

B. If the supervisor determines that a condition constitutes an immediate hazard to
the health and safety of the employee, the supervisor shall take immediate precautions to protect
the employee and contact the appropriate Risk Manager Specialist, as necessary. If the
supervisor does not agree that the condition constitutes an immediate hazard to the health and
safety of the employee, the employee may immediately refer the matter to the next level
supervisor or designee. The supervisor or designee shall meet as soon as possible with the
employee and his/her Union representative to make a determination of final actions to be taken,
if any.

C. Employees shall be protected against penalty or reprisal for reporting an unsafe or
unhealthful working condition or practice, or assisting in the investigation of such condition or
practice.

Section 3 - First Aid Kits and Defibrillators:

A. Employer shall make first-aid kits reasonably available for the use of all
employees in case of on the job injuries.

B. The need for additional first-aid kits is an appropriate issue for the Risk
Assessment and Control Committee recommendation. Recommendations of the Risk
Assessment and Control Committee will be referred to the Attorney General and/or the Mayor,
or their designees.

C. Employer shall provide accessible defibrillators meeting the applicable standard
of care where employees in the District legal service occupy office space.

D. Employees who have been identified by the Risk Management Specialist as
having been exposed to a toxic substance (including, but not limited to asbestos) in sufficient
quantity or duration to meet District Government risk standards shall receive appropriate health
screening. In the absence of District Government risk standards, the OAG Risk Manager or the
Risk Manager for the District agency, as applicable, will refer to standards established by other
appropriate authorities such as OSHA, NIOSH or the EPA.

Section 4 – Excessive Temperatures in Buildings:

Employees, other than those determined by the Employer to be essential, shall be released from
duty or reassigned to other duties of a similar nature at a suitably temperate site because of
excessively hot or cold conditions in a building. The Employer shall make this determination as
expeditiously as possible. In lieu of dismissal, the Employer may authorize employees affected
by excessive temperature conditions to telecommute until the condition abates. Administrative
leave shall be granted if authorized by the Mayor, the Attorney General, or their designees.

Section 5 – Maintenance of Health Records:

Medical records of employees shall be maintained in accordance with the applicable provisions
of law. Medical records shall not be disclosed to anyone except in compliance with applicable
laws, rules and regulations relating to the disclosure of information. Copies of rules relating to
medical records and information shall be made available to the Union.

ARTICLE 17
INFORMATIONAL REPORTS ON EMPLOYEES

Upon request, and at least annually by December 31st of each year, Employer shall provide the
Union a list of bargaining unit members that includes the name, grade, step, title, hire date,
organizational unit, assignment, location, contact information (including work address, telephone
number and fax number) and bargaining unit status of each bargaining unit employee. The
Employer shall maintain the Union on the regular distribution list for the New Hires and
Resignations Report, which shall be updated at least quarterly. The Employer shall include the
Union status on the New Hires and Resignations Report provided to the Union.

ARTICLE 18
FITNESS FOR DUTY

The Employer agrees to comply with applicable District law and controlling regulations
concerning fitness for duty.

ARTICLE 19
REQUESTS FOR INFORMATION

Consistent with law and upon request of the Union, the Employer shall provide relevant
information that the Union needs to perform its duties in grievance processing and collective
bargaining negotiations.

ARTICLE 20
EMPLOYEE USE OF INFORMATION TECHNOLOGY

Section 1 – New Technology:

Whenever the Employer proposes to acquire or implement equipment or technological changes that may
adversely impact employees in the bargaining unit, the Employer shall notify the Union and, when
requested, bargain over any adverse effect. Appropriate training for affected employees that will enable
them to maintain their present job status shall be among the principal considerations as part of such
bargaining. The Employer shall provide training for affected employees to acquire and maintain the
skills and knowledge necessary for new equipment or procedures. The training shall be held during
working hours. The Employer shall bear the expense of the training. The Employer shall provide
training for employees who had previously not been required to use existing technology but who are
then required to do so.
Section 2 – Electronic Mail Use:

The parties acknowledge that D.C. Government-provided electronic mail (email) services are to
be used for internal and external communications that serve legitimate government functions and
purposes. Employees are expected to be familiar with the D.C. Government’s Email User
Policy. The parties agree that employees are allowed to use email on a limited basis for personal
purposes, but such use should be limited to non-work time and should not interfere with the
performance of the employee’s duties, nor used to conduct outside employment or for
discriminatory or harassing purposes or exchange of pornographic, discriminatory or harassing
material.

Section 3 – Internet Access and Use:

The parties agree that Internet access through the Employer is considered D.C. Government
property and must be used for the program needs of the OAG and the District of Columbia.
Employees are expected to be familiar with the D.C. Government’s Internet Access and Use
Policy. The parties agree that employees are allowed to use the Internet on a limited basis for
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personal purposes, but that such use should not interfere with the performance of the employee’s
duties. Employees are expressly prohibited from visiting websites to conduct outside
employment or that contain discriminatory, pornographic, or harassing purposes.

Section 4 – Telephone Use:

The Employer and Union agree that D.C. Government telephones must be used primarily in
support of D.C. Government programs. The parties acknowledge that employees are permitted
to use telephones on an occasional and selective basis for personal purposes. Such use is a
privilege and not a right and may not be abused for the conduct of outside employment during
the scheduled tour of duty of the employee or for discriminatory, pornographic, or harassing
purposes.

Section 5 – Privacy:

Except as provided generally under current, written, and published D.C. Government policies,
the Office of the Attorney General, the MOLC, and/any District agency subordinate to the Mayor
shall not monitor employee email, telephone, or internet use, unless it has good cause to do so.
The Employer will share with the Union notices of any changes or modifications to said policies
that it receives.

ARTICLE 21
TRAINING

Section 1 - New Employee Orientation:

Employer will provide each new employee with an orientation and will notify the Union, in advance, of
any such orientation. The orientation shall include a fifteen (15) minute presentation by the Union
regarding Union membership.

Section 2 - Continued Training Opportunities:

The Employer and Union mutually agree that the legal services provided by attorneys employed
by OAG and other District agencies that employ District legal service attorneys will be enhanced
by the opportunity for attorneys to engage in continuing legal education that is relevant to their
work. The Employer shall encourage and assist Employees in obtaining career-related training
and education both inside and outside the OAG and other District agencies that employ District
legal service attorneys by collecting and posting current information available on training and
educational opportunities. The Employer shall inform Employees of time or expense assistance
the Employer may be able to provide. Continued training shall be provided and approved within
budgetary constraints. The Employer will use its best efforts to provide a variety of appropriate
continuing legal education opportunities, including ongoing access to online training
opportunities and legal ethics training opportunities, throughout each year at no cost to
employees to enable employees to meet their continuing legal education requirements under the
Legal Service Act.
45

Section 3 - Requests for Continued Training:

The Employer may consider requests for continued training of Employees and may provide time
or expense assistance to Employees. Continued training opportunities shall be afforded
Employees on a fair and impartial basis to the maximum extent possible. Employees shall be
promptly informed of a denial of a training request together with the reason for the denial. The
parties agree that the program needs of the Employer are paramount in providing training to
Bargaining Unit Employees.

ARTICLE 22
EMPLOYEE RIGHTS

Section 1 – Respect in the Workplace:

It is the intent of the Mayor, the Attorney General, and the Union that all employees both within
the bargaining unit and outside shall be treated with fairness and dignity.

Section 2 - Employee Rights:

A. All Union employees have the right, and shall be protected in the free exercise of
that right without fear of penalty or reprisal:

(1) to organize a labor organization free from interference, restraint, or
coercion;

(2) to form, join, or assist any labor organization;

(3) to bargain collectively through representatives of their own choosing; and

(4) to refrain from any or all such activities under subsections (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 D.C. Official Code § 1-617.11 (2012 Supp.) (“Employee Rights”).

B. Employee Rights shall extend to participation in the management of the Union and acting
for it in the capacity of a Union representative, including representation of its views to the officials of the
Mayor, the Attorney General, D.C. Council and Congress.

Section 3 - Employee Grievances:

An individual employee may present a grievance at any time to the Employer without the
intervention of the Union; provided, however, that the Union is afforded at least forty-eight (48)
hours advance notice by the Employer to be present and to offer its view when requested by an
employee at any meeting held to resolve the grievance. Any employee or group of employees
46

who present a personal grievance to the Employer may not do so under the name, or by
representation, of the Union. Resolutions of grievance must be consistent with the terms of this
Agreement.

Section 4 – Conflicts of Interest:

This Agreement does not authorize participation in the management of or acting as a
representative of a labor organization by any employee if the participation or activity would
result in a conflict of interest, a breach of legal ethics, or otherwise be incompatible with
applicable law or with the official duties of the employee.

Section 5 - Campaigns or Drives - Solicitation of Employees in the Bargaining Unit:

A. Definition: For the purpose of this Article, solicitation of employees in the bargaining
unit means OAG or District government approved solicitations which have been announced in generally
published OAG or D.C. government directives.

B. Participation: Contributions from employees in the bargaining unit and participation by
employees in the unit to solicit contributions shall be voluntary. There shall be no discrimination against
any employee in the unit for non-participation or for any level of contributions. An employee in the
bargaining unit may be requested to volunteer or solicit for contributions. Absent a volunteer,
management will request the Union to assist in providing the needed volunteer. Consistent with District
government ethics rules, regulations and law, no management or supervisory employee shall participate
in any direct solicitation of employees in the bargaining unit who are under his/her supervision except for
occasional office functions.

ARTICLE 23
SABBATICAL/EXTENDED LEAVE

It is management policy to allow attorneys to apply for an extended time away from work for
community service, education, travel or other outside interests in a non-pay status. To be eligible
for a sabbatical, an attorney must have both: 1) been employed within the District legal service
for seven years, and 2) received a performance evaluation of at least Successful, or an equivalent
rating, in every category for the rating period which immediately precedes the application for
sabbatical/extended leave. An attorney who receives a Needs Improvement or a Fails Expecta-
tion, or an equivalent rating, in any category is ineligible. At any time after completion of the
attorney’s seventh anniversary with the District legal service and each successive seven years
after return from a sabbatical, the attorney may request a one (1) year period of leave as
sabbatical. Attorneys who elect to take a sabbatical will return to a comparable position with the
OAG or the District agency in which they worked prior to the sabbatical.

Section 1 – Process:

Application for sabbatical should be submitted to the attorney’s immediate supervisor no later
than 120 days before the proposed leave is to commence. The immediate supervisor shall review
each application and send a recommendation to approve or disapprove the request to the
Attorney General or agency director within 30 days of the submission of the request.

Section 2 – Supervisor’s Authority:

Sabbaticals may be taken for any purpose. However, the reason for the request may be taken
into consideration by the employee’s supervisor in determining whether to approve the request.
Final decision on request for sabbatical is in the sole discretion of the Mayor or Attorney
General, as applicable, who, in his/her discretion, may set limits on the number of attorneys who
shall be approved for a sabbatical in any one year. If an employee asks for the reason for the
denial, a supervisor must provide a written justification for the denial. The denial of an
application for sabbatical/extended leave is not grievable.

Section 3 – Potential Loss of Benefits and Insurance Premiums:

Attorneys understand that an extended leave of absence in a non -pay status may impact his or
her retirement and other benefits with the District of Columbia. Attorneys also understand that
they are required to pay their portion of any insurance premiums while in a non -pay status.
Attorneys shall inform themselves of the District of Columbia rules and regulations applicable to
an extended leave of absence in a non -pay status before submitting the request for sabbatical.
Under no circumstances is the management required to allow attorneys to use leave
intermittently to avoid the loss of benefits while the attorney is on sabbatical.

ARTICLE 24
PROMOTIONS AND CLASSIFICATION ISSUES

Section 1: Promotions Policy

It is the policy to reward well-deserving attorneys in the Legal Service for sustained exemplary
performance. This Article sets forth the process and criteria for all attorney promotions.

All promotions are dependent upon, and subject to, the availability of funds in the operating
budget of the OAG and relevant subordinate agency, as applicable.

Section 2 - Promotion from Grade 11 to Grade 12 and from Grade 12 to Grade 13

An attorney is not eligible for promotion if the attorney receives a rating of “Needs
Improvement” or “Fails Expectations” overall, or in any category.
48

Attorneys will be advised during the relevant appraisal process whether or not they have been
recommended for promotion. A copy of the recommendation shall be sent to the Union.

Section 3 - Promotions to Grades 14 and 15

A. Criteria

An attorney may receive a competitive promotion (not automatic) to a Grade 14 and 15 if
the following criteria are met:

1. Consistent Superior Performance

The attorney’s overall job performance meets or exceeds established performance
standards for that grade level. The attorney’s two most recent performance evaluations, if
available, shall be considered.

2. Demonstrated Specialized Expertise or Professional Distinction

The attorney has gained or developed specialized expertise in a subject or subjects
relevant to the attorney’s practice area at the agency or at OAG, as applicable. Such specialized
expertise may be demonstrated by the complexity of matters handled or awards of professional
distinction. Whether the attorney has demonstrated expertise beyond that of other attorneys
performing the same or similar work at the same grade level shall be considered.

3. Satisfactory Handling of Increasingly More Complex Work

The attorney’s workload has become increasingly more complex and the attorney
performs in a manner that meets or exceeds established performance standards with little or no
supervision. Factors to be considered include the complexity of the work, the productivity of the
attorney, and the type and amount of supervision needed.

4. Time-In-Grade

The attorney has served at least 24 months as a Grade 13 or 14 as applicable.

5. Other Criteria

Other factors that may be considered include, but are not limited to, an attorney’s
seniority, the length of time that the recommendation for promotion has been pending, and the
availability of funds in the OAG or agency budget, as applicable.

Section 4 – Grievance on Failure to Comply with Process:

Attorneys may not grieve a failure to obtain a promotion or failure to appear on a list of
candidates recommended for promotion. The decision on whether to grant a promotion is within
the sole and unreviewable discretion of the Attorney General or agency head, as applicable.
49

Section 5 - Job Qualifications:

Management has the right to determine job qualifications. Where the Employer has considered
the recommendations and has determined that two or more employees/applicants for a position
are equally qualified to perform the duties of the position, the selection shall be made by the
Employer from the designated qualified candidates.

Section 6 - Additional Duties:

Issues involving changed or additional duties assigned to an employee, within his/her present
position, shall be considered in accordance with District government position classification
guidelines set forth in the District Personnel Manual and any other applicable District of
Columbia law.

ARTICLE 25
TIMELY RECEIPT OF CORRECT PAY AND EXPENSE REIMBURSEMENTS

Section 1 - Tardy or Non-Receipt of Pay:

A. Employer shall use its best efforts to take all action necessary to correct tardy
receipts or non-receipts of employee paychecks due to electronic, delivery, or other pay errors
within its control.

B. Employer shall use its best efforts to take all action necessary to assist in
correcting tardy receipts or non-receipts of employee paychecks due to electronic, delivery, or
other pay errors when the specific error or needed correction is not within its control.

Section 2 - Pay Errors:

Employer shall expeditiously use its best efforts to take all action necessary to correct all other
paycheck errors including those concerning benefits, sick leave, annual leave and various deductions.
In any event, the Employer shall correct all pay errors no later than two (2) weeks following the
identification of the error by the employee or the Employer. In the event that pay errors continue to
exist more than two pay period after employee provides notice to the appropriate Employer
representative and the delay results due to no fault of employee, employee shall receive four (4)
hours of administrative leave.

Section 3 - Timely Receipt of Pay, Pay Increases, and Reimbursements:

A. Employer agrees to use its best efforts to ensure that pay increases resulting from step
increases, promotions, and future salary increases, are paid on the effective date but no later than
two (2) pay periods following the effective date of the increase. To this end, Employer shall use its
best efforts to ensure that paperwork needed to implement such increases is completed within a
reasonable time of the proposed effective date of the action and shall process the proposed action as
50

expeditiously as possible, to avoid or minimize any delay in implementation.

B. Employer agrees to use its best efforts to ensure that retroactive salary increases and
retroactive bonuses for performance are paid within 60 days of Council’s approval of this Agreement
(or when this agreement otherwise takes effect pursuant to D.C. Official Code § 1- 617.17(j)).
To this end, Employer shall use its best efforts to ensure that paperwork needed to implement such
increases is completed after Council approval of the Agreement (or when this agreement otherwise
takes effect pursuant to D.C. Official Code § 1- 617.17(j)) and shall process the retroactive salary
increases as expeditiously as possible, to avoid or minimize any delay in implementation.

Section 4 - Timely Reimbursement of Expenses:

Employer shall use its best efforts to take all necessary action to ensure that reimbursement of pre-
authorized expenses related to the employee’s employment, including but not limited to travel and
education expenses, is paid within thirty (30) days of submission of a proper request.

Section 5 – Audits:

In the event employee requests an audit of pay and benefit records because of errors made in their
computation, Employer shall complete such audit and transmit the results to the requesting employee
within ten (10) business days or shall provide the employee a reason why additional time is required
and shall give a projected date of completion.

ARTICLE 26
GENERAL PROVISIONS

Section 1 - Work Rules:

Employees will be advised of verbal and written work rules that they are required to follow. The
Employer agrees that proposed new written work rules and the revision of existing written work
rules shall be subject to notice and consultation with the Union.

Section 2 – Identification Device:

The Employer agrees that the employee has a right to participate and identify with the Union as
his/her representative in collective bargaining matters. Therefore, the Employer agrees that such
identification devices as emblems, buttons and pins supplied by the Union to the employees
within the bargaining unit may be worn on their clothing except when appearing in court or
before any administrative tribunal or other government agency on behalf of the Employer.

Section 3 - Distribution of Agreement:

The Employer and the Union agree to electronically distribute the fully executed version of this
contract to all management and covered employees upon execution of the contract by the parties.
Section 4 – Office Space:
51

Employer will consider the attorney client and other privileges in providing space. Office space
will be identified by OAG, the Mayor, or their designees, and assigned by the Union. Employer
determines space, division and section allocation, as well as what offices are available for
bargaining unit employees. Employer will afford the Union the advance opportunity to consult
over the design of new office space at each step of the design process. The parties acknowledge
that this does not interfere with management’s final authority to determine the final design.

ARTICLE 27
COMPUTATION OF TIME

All time frames referenced in this Agreement shall be interpreted as business days, unless
otherwise specified.

ARTICLE 28
GRIEVANCE AND ARBITRATION PROCEDURES

Section 1 – Definitions:

A grievance under this section is an allegation that the other party has violated a provision of this
Agreement. RIFs, furloughs, disciplinary actions and performance rating appeals are excluded
from the definition of grievance under this section and such disciplinary actions and ratings are
not subject to challenge, review or arbitration under the grievance and arbitration procedures of
this section. The grievability of disciplinary actions and performance evaluations is governed by
other parts of this Agreement and the Compensation Agreement.

Section 2 – Performance Ratings:

Any performance rating may be appealed within thirty (30) calendar days of receipt by the
employee to a three-person committee established by the Attorney General or the Mayor’s Office
of Legal Counsel. The committee shall be empowered to review the basis for a direct
supervisor’s rating, conduct a hearing, receive written briefs, and issue a written decision which
shall approve, modify, or reject a performance rating. Any decision by the Committee shall be
appealable to the Attorney General or agency head, as applicable, within thirty (30) calendar
days of receipt of the decision by the employee. The Attorney General’s decision or agency
head’s decision, as applicable, shall be final and no further appeal shall be allowed under this
Agreement. If the committee does not act within thirty (30) calendar days of the appeal, the
evaluation may be appealed to the Attorney General or the agency head, as applicable who shall
issue a decision within fifteen (15) calendar days thereafter. If the Attorney General or agency
head, as applicable, does not act within fifteen (15) calendar days, unsatisfactory evaluations
may be appealed under the provisions of this Article within fifteen (15) calendar days. The
Attorney General and the Mayor’s Office of Legal Counsel shall establish procedures for appeals
under this Article to the committee and to the Attorney General and agency head, respectively.

Section 3 – General Provisions:

Any grievance that may arise between the parties involving an alleged violation of this
Agreement shall be settled as described in this Article unless otherwise agreed to in writing by
the Union President and the Attorney General or agency head, as applicable, or his/her designee.

Section 4 – Information Requests:

Both parties shall provide all information determined to be reasonable and needed by the other
party for processing of a grievance after a request by the other party within a reasonable amount
of time.

Section 5 – Procedure:

A. This procedure is designed to enable the parties to settle grievances at the lowest
possible administrative level. Grievances must be filed at the lowest level where resolution is
possible. Therefore, all grievances shall ordinarily be presented to the immediate supervisor
unless it is clear that the immediate supervisor does not have authority to deal with the grievance
and that it should be filed elsewhere. The Union may request a face-to-face meeting with the
appropriate management representative who is delegated authority to deal with the grievance at
each step. The parties agree to endeavor to engage in productive meetings to resolve a grievance.

B. Nothing in this Agreement shall be construed as precluding discussion between an
employee, the Union and the appropriate supervisor over a matter of interest or concern to any of
them prior to the initiation of a grievance. Once a matter has been made the subject of a
grievance under this procedure, nothing herein shall preclude any party (the Union, the Employer
or the Employee) from attempting to resolve the grievance informally at the appropriate level.

Step 1: The employee and/or the Union shall take up the grievance, in writing, with the
employee's immediate supervisor within fifteen (15) business days from the date of the
occurrence or when the employee or the Union knew or should have known of the occurrence.
The written grievance shall be clearly identified as a grievance submitted under the provisions of
this Article, and shall list the name of the grievant or grievants, the contract provisions allegedly
violated, the basic facts, issues, or concerns giving rise to the grievance, the date or approximate
date and location of the violation and the remedy sought. The supervisor shall address the matter
and shall respond, in writing, to the Steward and/or the employee within fifteen (15) business
days after the receipt of the grievance.

Step 2: If the grievance has not been settled, or the supervisor has failed to respond, it may be
presented in writing by the Union to the second level supervisor within ten (10) business days
after the Step 1 response is due or received, whichever is sooner. The second level supervisor
shall respond to the Union in writing within ten (10) business days after receipt of the written
grievance.

Step 3: If the grievance is still unresolved, or the supervisor has failed to respond, it may be pre-
sented in writing by the Union to the Attorney General or agency head, as applicable, or his/her
designee, within twenty (20) working days after the Step 2 response is due or received,
whichever is sooner. The Attorney General or agency head, as applicable, or his/her designee,
shall respond in writing to the Union within twenty (20) business days after receipt of the written
grievance.

Step 4: If the grievance is still unresolved, or the Attorney General, or agency head, as
applicable, or his/her designee has failed to respond, the Union may by written notice request
arbitration within twenty (20) business days after the reply at Step 3 is due or received whichever
is sooner.

A grievance filed by the Union on a matter involving more than one division within OAG, may
be filed with the Attorney General or his/her designee at Step 3. The grievance must be filed
within fifteen (15) business days from the date of the occurrence giving rise to the grievance or
when the Union knew or should have known of the occurrence.

When mutually agreed by the parties, grievances on the same matter on behalf of two (2) or more
employees may be processed as a single grievance for the purpose of resolving all the
grievances.

A grievance filed by the Union which does not seek personal relief for a particular employee or a
group of employees, but rather expresses the Union’s disagreement with management’s
interpretation or application of the Agreement and which seeks an institutional remedy shall be
filed at Step 3 within fifteen (15) business days from the date of the occurrence or when the
Union knew or should have known of the occurrence to the extent reasonably possible.

A grievance filed by the Employer should be filed directly with the Union President within
fifteen(15) business days from the date of the occurrence or when the Employer knew or should
have known of the occurrence giving rise to the grievance. The Union President shall have
fifteen (15) business days to respond. If the Employer’s grievance is still unresolved, or the
Union President or his/her designee has failed to respond, the Employer may by written notice
request arbitration within twenty (20) business days after the Union’s reply is due or received
whichever is sooner.

A grievance concerning a continuing violation of this Agreement may be filed at any time during
the existence of the alleged violation of this Agreement.

Section 6 - Selection of the Arbitrator:

The arbitration proceeding shall be conducted by an arbitrator selected by the Employer and the
Union. The Federal Mediation and Conciliation Service (FMCS) shall be requested to provide a
list of seven (7) arbitrators from which an arbitrator shall be selected within seven (7) calendar
days after receipt of the list by both parties. Both the Employer and the Union may strike three
(3) names from the list using the alternate strike method. The party requesting arbitration shall
strike the first name. The arbitration hearing shall be conducted pursuant to the FMCS
54

guidelines unless modified by this Agreement.

Section 7 – Authority of the Arbitrator:

The jurisdiction and authority of the arbitrator and his/her opinion and award shall be confined
exclusively to the interpretation or application of the express provisions of this Agreement at
issue between the Union and the Employer consistent with applicable law and regulation.
He/she shall have no authority to add to, detract from, alter, amend, or modify any provision of
this Agreement; or to impose on either party a limitation or obligation not explicitly provided for
in this Agreement. The written award of the arbitrator on the merits of any grievance
adjudicated within his jurisdiction and authority shall be final and binding on the aggrieved
employee, the Union and the Employer, subject to either party’s appeal rights to the Public
Employee Relations Board and the Superior Court of the District of Columbia.

Section 8 - Decision of the Arbitrator:

The arbitrator shall be requested to render his/her decision in writing within thirty (30) calendar
days after the conclusion of the arbitration hearing.

Section 9 - Expenses of the Arbitrator:

Expenses for the arbitrator's services and the proceeding shall be borne equally by the Employer
and the Union. However, each party shall be responsible for compensating its own
representatives and witnesses. If either party desires a record of the arbitration proceedings, it
may cause such a recording to be made, providing it pays for the record and makes copies
available without charge to the other party and the arbitrator.

Section 10 - Time Off For Grievance Hearings:

The employee, Union Steward and/or Union representative shall, upon request, be permitted to
meet and discuss grievances with designated management officials at each step of the Grievance
Procedure within the time specified consistent with Section 4 of Article 6 on Union Stewards.

Section 11 – Time Limits:

All time limits following the initiation of any grievance set forth in this Article may be extended
by mutual consent, but if not so extended, must be strictly observed. If the matter in dispute is
not resolved within the time period provided for in any step, the next step may be invoked. The
appropriate representative of either party shall not unreasonably deny a request for an extension
of time if the request is made in writing by the original deadline date. The parties may mutually
agree in writing to waive Steps 1 and/or 2 of the procedure described in this Article.

Section 12 – Termination of Grievance:

A grievance shall terminate when either party terminates its own grievance, when both parties
consent or for failure to meet contractual time limits. The termination of a grievance shall not
prejudice either party from reinstituting a grievance at a later date.

Section 13 – Exclusions:

Matters not within the jurisdiction of the Employer will not be processed as a grievance under
this Article unless the matter is specifically included in another provision of this Agreement or
the Compensation Agreement.

ARTICLE 29
DISCIPLINE AND DISCHARGE

Section 1 -- Disciplinary Actions :

A. Assistant Attorneys General ("AAG") and Assistant General Counsel (“AGC”) in
the bargaining unit are appointed to serve the District of Columbia consistent with the provisions
of the Legal Service Act. An AAG or AGC may be subject to disciplinary action, including reprimand,
suspension (with or without pay), reduction in grade or step, or removal for unacceptable performance
or for any reason that is not arbitrary or capricious. Disciplinary actions shall be processed in accordance
with Section 3614, Chapter 36 of the D.C. Personnel Regulations. The Employer shall provide the
Employee with ten (10) calendar days advance notice, consistent with the notice provisions of
Chapter 36 of the D.C. Personnel Regulations, of any proposed discipline, with the exception of
summary removal. The proposed notice of discipline will also be sent to the Union.

B. Notwithstanding Section 1A herein, the Attorney General or an agency head, may
summarily suspend or remove a bargaining unit member, in accordance with Sections 1616 and 1617 of
the DPM, when the employee's conduct:

1. Threatens the integrity of government operations;

2. Constitutes an immediate hazard to the agency, to other District employees, or
to the employee; or

3. Is detrimental to public health, safety, or welfare.

C. Upon request, an employee subject to any disciplinary action shall be allowed
access to his or her office, at a mutually agreeable time, to retrieve personal items.

D. If there is no appeal pursuant to the provisions herein, the Attorney General's decision or
agency head’s decision, as applicable, shall be the final agency decision.

Section 2 -- Appeal Procedures:

After the Attorney General or agency head issues an administrative decision in accordance with
§3614, Chapter 36 of the D.C. Personnel Regulations, the Union, on behalf of the Employee,
may appeal the Attorney General’s or agency head’s suspensions of ten days or more, including
demotions and terminations, within ten (10) business days of the Attorney General’s or agency
head’s decision. This time limit may be extended by mutual consent of the parties, but if not so
extended, must be strictly observed. An appeal to the nonbinding arbitrator shall stay the time
limits for invoking a review by the Mayor under Section 3614, Chapter 36 of the D.C. Personnel
Regulations. The Attorney General’s or the agency head’s decision in connection with a
suspension of less than ten days or any other corrective action is final and not subject to appeal.

Section 3 -- Stay of Disciplinary Action:

The filing of an appeal shall not serve to stay or delay the effective date of the Attorney General's or
agency head’s final administrative decision.

Section 4 -- Standard of Review and Authority of the Arbitrator:

A. The arbitrator’s jurisdiction and authority and opinion shall be confined exclusively to
suspensions of ten days or more, and shall be an advisory, nonbinding decision concerning whether the
Employer’s decision to discipline is: (1) a result of the Employee’s unacceptable performance, (2) for
any reason that is not arbitrary or capricious in accordance with § 106.56(a) of the Legal Service Act,
or (3) both.

B. The arbitrator does not have authority to modify, amend, or rescind any disciplinary
action or to impose any back-pay or other financial obligation on the Employer resulting from the
disciplinary action.

Section 5 -- Time Limits:

All time limits set forth, in this Article must be strictly observed. If the Union fails to pursue any step
within the time limit then it shall have no further right to continue the appeal.

Section 6 -- Extension of Time Limits:

All time limits set forth in this Article may be extended by mutual consent, but if not so
extended, must be strictly observed. If the matter in dispute is not resolved within the time
period provided for in any step, the next step may be invoked. However, if a party fails to pursue
any step within the time limit, then he/she shall have no further right to continue the grievance.
The appropriate representative of either party shall not unreasonably deny a request for an
extension of time if such request is made in writing by the original deadline date. The parties
may mutually agree in writing to waive Steps 1 and or 2 of the procedure described in this
Article.

Section 7 -- Substitution of Binding Arbitration Procedures:

In the event that the Council of the District of Columbia legislatively establishes a binding
arbitration process concerning discipline and discharge for any unit employees in the Legal
Service, the parties agree to reopen negotiations solely to rescind this Article to the extent of any
conflict and incorporate the binding arbitration process into this Agreement to the maximum
extent possible.

ARTICLE 30
SAVINGS CLAUSE

SECTION 1:

SECTION 2:

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 non-compensation covered herein for the
term of this agreement.

ARTICLE 31
INCORPORATION OF COMPENSATION AGREEMENT TERMS

The terms and conditions of the Compensation Agreement between the District of Columbia and
the American Federation of Government Employees, Local 1403, AFL-CIO, effective October 1,
2020, through September 30, 2023 (Compensation Agreement), are incorporated by reference
into this Agreement. The provisions of the Compensation Agreement shall control to the extent
of any inconsistency.

ARTICLE 32
DURATION AND FINALITY

Section 1 -- 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, 2023, or until a new non-
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 2 – Finality

This Agreement was reached after negotiations during which the parties were able to negotiate
on any and all negotiable non-compensation issues, and contains the full agreement of the parties
as to all such non-compensation issues that were or could have been negotiated.

On this _____ day of ____________, 2024 and in witness to this Agreement, the parties hereto
set their signatures.

FOR THE DISTRICT OF COLUMBIA FOR THE AMERICAN FEDERATION
GOVERNMENT OF GOVERNMENT EMPLOYEES
LOCAL 1403

_____________________________________ ____________________________________
Eugene Adams, Director Aaron Finkhousen, President
Mayor’s Office of Legal Counsel AFGE, Local 1403

_____________________________________
Brian L. Schwalb, Attorney General
Office of the Attorney General

On this _____ day of ____________, 2024 and in witness to this Agreement, the parties
hereto set their signatures.

FOR THE DISTRICT OF COLUMBIA FOR THE AMERICAN FEDERATION
GOVERNMENT OF GOVERNMENT EMPLOYEES
LOCAL 1403

_____________________________________ ____________________________________
E. Lindsey Maxwell II, Esq., Director Anne Hollander, Chief Negotiator
Office of Labor Relations & Collective AFGE, Local 1403
Bargaining

_____________________________________ ____________________________________
Vanessa Natale, Deputy Director Rebecca Barnes, Vice President
Mayor’s Office of Legal Counsel AFGE, Local 1403

_____________________________________ ___________________________________
Marta M. Paravano, Chief Operating Officer Edward Rich, Acting Vice President
Office of the Attorney General AFGE, Local 1403

_____________________________________
Rachel Noteware, Associate Director
Mayor’s Office of Legal Counsel

_________________________________________
Freddie D’Ateno, Chief Human Resources Officer
Office of the Attorney General

_________________________________________
De’Yan Harris, Esq. Attorney Advisor
Office of Labor Relations & Collective Bargaining

_________________________________________
Kevin Maurice Stokes, Supervisory Attorney Advisor
Office of Labor Relations & Collective Bargaining

APPROVAL

This collective bargaining working conditions agreement between the District of Columbia and
the bargaining units represented by AFGE, Local 1403, dated ___________________, has been
reviewed in accordance with Section 1-617.15(a) of the District of Columbia Official Code and
is hereby approved on this ______ day of ___________________, 2025.

____________________ _____
Brian L. Schwalb, Attorney General

APPROVAL

_________________________
Muriel E. Bowser, Mayor

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

Plain English Breakdown

Compensation and Working Conditions Agreement for DC Attorney General Employees

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