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Current through October 23, 2012
(a) All employees hired by the Authority after May 9, 2000, shall be employees of the Authority and not of the District. No provision of Chapter 6 of Title 1 shall apply to employees of the Authority except as follows:
(1) Subchapters V and XVII shall apply to the labor-management relationship between the Authority and its employees, except that the Authority shall have sole authority with respect to the development and approval of compensation agreements between the Authority and labor organizations without the approval of the Mayor and Council;
(2) Subchapter XV-A shall apply to Authority employees; and
(3) Subchapter XXIII shall continue to apply to Authority employees, except that the Authority may participate in the private sector workers' compensation program, and Authority employees shall be entitled to the coverage and benefits available to employees under Chapter 15 of Title 32, at such time as the Authority deems that such participation is most favorable to the Authority; provided, that with regard to employees subject to collective bargaining agreements, any change from the public to the private sector workers' compensation program shall be made only by agreement between the collective bargaining representative and the Authority.
(b) All Authority employees continuously employed by the District government since December 31, 1979 shall be guaranteed rights and benefits at least equal to those currently applicable to such persons under provisions of law and regulations in force prior to May 9, 2000.
(c) Every incumbent employee serving the Authority on May 9, 2000, shall be retained in a position with at least equal classification, compensation, and benefits as the position held on the day before May 9, 2000.
(d) The Authority shall be bound by all existing collective bargaining agreements with labor organizations until successor agreements have been negotiated. Except as specifically provided in this chapter, the Authority shall be subject to all general laws applicable to public employers in the District of Columbia, including laws concerning human rights, wages and hours, and occupational safety and health.
(e) If the Authority applies to the PERB for review of an arbitration award in accordance with § 1-605.02 and the PERB denies review, the PERB shall enter an order requiring the Authority to comply with the award and the Authority shall be liable to the labor organization for its litigation expenses, including attorneys' fees, in connection with the arbitration proceedings and the proceedings before the PERB. If the labor organization prevails in any subsequent litigation brought by the Authority with respect to the same award, the Authority shall be liable to the labor organization for its litigation expenses, including attorneys' fees, in connection with the litigation.
(f) Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, each qualified District resident applicant shall receive an additional 10-point preference over a qualified non-District resident applicant for all positions within the Authority unless the applicant declines the preference. This 10- point preference shall be in addition to, and not instead of, qualifications established for the position. All persons hired after February 6, 2008, shall submit proof of residency upon employment in a manner determined by the Board. An applicant claiming the hiring preference under this section shall agree in writing to maintain bona fide District residency for a period of 7 consecutive years from the effective date of hire and shall provide proof of such residency annually to the director of personnel of the Authority for the first 7 years of employment. Failure to maintain District residency for the consecutive 7-year period shall result in forfeiture of employment. The Authority shall submit to the Mayor and the Council annual reports detailing the names of all new employees and their pay schedules, titles, and place of residence.
(May 9, 2000, D.C. Law 13-105, § 16, 47 DCR 1325; Feb. 6, 2008, D.C. Law 17-108, § 208(b), 54 DCR 10993.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 17-108 added subsec. (f).
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 6-201.
Legislative History of Laws
For Law 13-105, see notes following § 6-201.
For Law 17-108, see notes following § 6-216.
