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MURIEL BOWSER
MAYOR
April 25, 2023
«
The Honorable Phil Mendelson, Chairman
Council of the District of Columbia
1350 Pennsylvania Avenue, N.W.
Washington, DC 20004
Dear Chairman Mendelson: 1
I
I am pleased to submit, for your introduction and Council approval, a proposed resolution cited as
the “Compensation and Working Conditions Agreement between the District of Columbia Public
Schools and the Teamsters Local 639 Approval Resolution of 2023”
This agreement provides to the Teamsters Local 639 bargaining unit members at the District of
Columbia Public Schools a one-time bonus of 3.5% for FY 2022 (effective the first full pay period
on or after October 1, 2021), a 2.5% wage increase for FY 2023 (effective the first full pay period
on or after October 1, 2022), a 3.0% wage increase for FY 2024 (effective the first full pay period ■
on or after October 1, 2023), and a 3.0 wage increase for FY 24 ((effective the first full pay period
on or after October 1, 2024).
I appreciate your attention to this important agreement that directly benefits thousands of District
of Columbia employees. Please contact me or E. Lindsey Maxwell II, Director, Office of Labor
Relations and Collective Bargaining, at (202) 724-4953, should you have questions concerning
this transmittal.
Sincerely,
♦
Murill ovtser
Mayor
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2 Chairman Phil Mendelson
3 at the request of the Mayor
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5
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8 A PROPOSED RESOLUTION
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10
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12 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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17 To approve the negotiated compensation and working conditions collective bargaining
18 ' agreement submitted by the Mayor for employees of the District of Columbia
19 Public Schools, who are represented by Teamsters Local 639.
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21
22 RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That
23 this resolution may be cited as the “Compensation and Working Conditions Agreement
24 between the District of Columbia Public Schools and Teamsters Local 639 Approval
25 Resolution of 2023”.
26 Sec. 2. Pursuant to section 1717(j) of the District of Columbia Government
27' Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139;
28 D.C. Official Code 1-617.17(j)), the Council of the District of Columbia approves the
29 agreement and attached related pay schedules, of the contract negotiated through
30 collective bargaining between the District of Columbia Public Schools and Teamsters
31 Local 639, which was transmitted to the Council by the Mayor on, 2023.
32 Sec. 3. Fiscal impact statement.
33 The Council adopts the fiscal impact statement of the Chief Financial Officer as
34 the fiscal impact statement required by section 4a of the General Legislative Procedures
35 Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-
36‘ 301.47a).
37 Sec. 4. Transmittal.
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. 38 The Secretary of the Council shall transmit a copy of this resolution, upon its
39 adoption to Teamsters Local 639, and the Mayor.
<40 Sec. 5. Effective date.
41 This resolution shall take effect immediately.
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 GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL
BRIAN L. SCHWALB
ATTORNEY GENERAL
Legal Counsel Division
MEMORANDUM
TO: Tommy Wells
Director
Office of Policy and Legislative Affairs
FROM: Megan D. Browder
Deputy Attorney General
Legal Counsel Division
DATE: March 14, 2023
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SUBJECT: Legal Sufficiency Review of the “Compensation and Working Conditions
Agreement between the District of Columbia Public Schools and Teamsters Local
639 Approval Resolution of 2023”
(AE-23-061)
This is to Certify that this Office has reviewed the above-referenced
resolution and that we have found it to be legally sufficient. If you have any questions in this
regard, please do not hesitate to call me at (202) 724-5524.
Megan D. Browder
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AGREEMENT BETWEEN THE
DISTRICT OF COLUMBIA PUBLIC SCHOOLS
AND
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TEAMSTERS LOCALS 639
COVERING CUSTODIAL EMPLOYEES
AND ATTENDANCE COUNSELORS
THROUGH September 30, 2025
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 TABLEOF CONTENTS
ARTICLE PAGE
1. RECOGNITION: COVERAGE ...4
2. DEFINITIONS ................ ...4
3. EXTRA CONTRACT AGREEMENTS ...5
4. SENIORITY....................................................... ...6
5. UNION ACTIVITIES ...6
6. ACCESS TO EMPLOYEES ...7
7. INSPECTION PRIVILEGES ...7
8. DUES AND INITIATION FEE DEDUCTIONS ..8
9. DRIVE AUTHORIZATION AND DEDUCTION ..9
10. FINANCIAL INSTITUTION CHECK-OFF ..9
11. LIE DETECTOR TEST 1.................... 10
12. BULLETIN BOARDS .10
13. PERSONNEL FILES .10
14. DISCIPLINE AND DISCHARGE ...... .11
15. GRIEVANCE PROCEDURE................................. .12
16. NO STRIKES AND NO LOCK OUTS .14
17. UNIFORMS/ DRESS CODE................................ .15
18. SAFETY COMMITTEE .15
'19. SAFETY AND HEALTH ..................... .16
20. LOSS OR DAMAGE '.................... .19
21. SUPPLIES ........................... .19
22. INCLEMENT WEATHER WORK .19
23. POSITION DESCRIPTION AND CLASSIFICATION .20
24. TRAINING AND CAREER LADDER .20 .
25. PROMOTIONS ..21
26. WORK FORCE CHANGES ..22
27. WORK SCHEDULING AND OVERTIME .23
28. LEAVE PROVISIONS ..24
29. HOLIDAYS RECOGNIZED AND OBSERVED ..32
30. WORKERS' COMPENSATION ..33
31. PAY PROCEDURES ..33
32. RESTAND CLEAN-UP PERIODS ..33
33. CONTRACTING OUT ..34
34. CONFORMITY TO LAW/SAVING CLAUSE ...34
35. MATTERS NOT COVERED................................. ..34
36. COMPENSATION ...34
37. HEALTH PLAN ...35
38. BENEFITS-OPTICAL AND DENTAL ...35
39. PRE-PAID LEGAL AID ...36
40. SCHOOL ADMINISTRATOR TRAINING .36
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41. NEGOTIATED EMPLOYEE ASSISTANCE HOME PURCHASE PROGRAM 36
42. TRAVEL REIMBURSEMENT .................................................... 37
43. DURATION OF AGREEMENT.............................................................. 37
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ARTICLE 1. RECOGNITION: COVERAGE
A. The District of Columbia Public Schools (DCPS) recognizes the Teamsters Local 639
(Teamsters or Union) as the sole and exclusive collective bargaining representative for the
purpose of negotiating wages, hours and other conditions of employment for all employees
in the occupational units and classifications as hereinafter defined, but excluding the
employees transferred to the Office of Public Education Facilities Modernization (OPEFM)
and the Transportation Unit.
B. The Custodial unit is composed of employees in the following job titles:
o Custodial Foreman
o Digital Computer Mechanic
o Gardener
o Gardener Worker
o General Appliance Repairer
o Custodian
o Floater Custodian
o School Maintenance Worker
o Musical Instrument Repairman
C. The Attendance Counselor unit shall consist of employees in the following job title:
o Attendance Counselors in the EG-09 classification
D. The Food and Nutrition Services Team members are composed of employees in the
following job titles:
o Lead
o Cook
o Food Service Worker
o Driver
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E. Except as otherwise expressly provided by the terms of this Agreement, or by law, the
determination and administration of policy, the operation of the schools and the direction
of the employees covered by this Agreement is vested exclusively in DCPS or in the
Chancellor as delegated by the Mayor.
ARTICLE 2. DEFINITIONS
Except as otherwise stated in this Agreement, wherever used herein, the respective terms set
forth in this Article shall have respective meanings as follows:
A. Chancellor-The term "Chancellor" shall mean the chief executive officer of the District of
Columbia Public Schools as designated pursuant to D.C. Code § 38-174.
B. Collective Bargaining -- The term "Collective Bargaining" means negotiations between DCPS
and the Union on matters of wages, hours and other conditions of employment.
C. DCPS -- The term "DCPS" shall mean the District of Columbia Public Schools, an agency of
the District of Columbia.
D. Director - The term "Director" means the head of a department or division within the school
system as defined herein.
E. Employee -- The term "Employee" shall mean all employees covered by the Agreement.
F. Employer -The term "Employer" shall mean DCPS as defined in this section.
G. Probationary period -- The term "probationary period" means the period of one year from
the hiring of an employee.
H. School system - The term "school system" means the entire DCPS organization, including
the Chancellor, his/her subordinates and the schools.
I. Supplemental Agreement -- The term "Supplemental Agreement" means any additional
agreement, supplement, amendment or extension mutually agreed to between DCPS and
the Union.
J. Term of this Agreement -- The phrase "Term of this Agreement" shall mean the period
during which this Agreement is in full force and effective as provided herein.
K. Union -- The term "Union" shall mean Teamsters Local 639, affiliated with the International
Brotherhood of Teamsters.
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L. The masculine or feminine gender when used in this Agreement shall be interpreted as
referring equally to men and women and not as gender limitations.
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ARTICLE 3. EXTRA CONTRACT AGREEMENTS I
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OCRS agrees not to enter into any agreement or contract with its employees, as employees,
individually or collectively, which in any way conflicts with the terms and provisions of this
Agreement. Any such agreement shall be null and void.
ARTICLE 4. SENIORITY
A. Principle of Seniority - The principle of seniority shall apply at all times. Everything being
equal, seniority shall prevail but fitness and ability shall be considered at all times. Seniority
is defined as total length of service with the employer. There shall be a one (1) year
probationary period. Discharge or resignation shall constitute a break in service. The last
employee hired shall be the first employee laid off, and in rehiring, the last employee laid
off shall be the first employee rehired. This shall not be interpreted or applied in any way
inconsistent with federal law and/or D.C. Law. For the purpose of application under this
Agreement, seniority shall be maintained on an occupational unit basis.
B. OCRS shall furnish the Union with a seniority list showing the continuous service of each
employee within that occupational unit within 30 days of a written request.
!
C. An employee shall lose his seniority for the following reasons:
1. He quits or retires.
2. He is discharged and the discharge is sustained,
3. He obtains leave under false pretenses or engages in other employment during a
leave of absence.
4. He does not notify the OCRS Human Resources of his desire to return to work
thirty (30) days prior to the expiration of an extended leave of absence.
D. A dispute evolving under application of the seniority provision of this Agreement shall be a
proper subject for the grievance procedure.
ARTICLE 5. UNION ACTIVITIES
A. Any employee member of the Union acting in any official capacity whatsoever shall not be
discriminated against for his acts as such officer of the Union so long as such acts do not
interfere with the conduct of OCRS' business, nor shall there be any discrimination against
any employee because of union membership or activities.
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B. Union Stewards shall be elected by membership of the Union and shall be recognized as
employee representatives in each work site. Union stewards shall be employed at the same
work area or shifts as employees they are designated to represent. When a union steward is
transferred by an action of management (not including promotion or transfer at the
employee's request), the Steward may continue to act as a steward for his/her former work
site for a period not to exceed thirty (30) days from original notification. The Union will
supply the Chancellor or his/her designee with lists of Steward names which shall be posted
on appropriate bulletin boards. The Union shall notify the Chancellor of changes in the
roster of Stewards. Stewards are authorized to perform and discharge Union duties and
responsibilities which may be assigned to them under the terms of this Agreement.
C. Time for Performance of Duties
1. Stewards shall obtain permission from the administrator in charge of their worksite
(e.g., a school principal) prior to leaving their work assignments to properly and
expeditiously carry out their duties during a reasonable amount of official time to be
estimated in advance whenever possible. Before attempting to see an employee, the
Steward will obtain permission from the administrator in charge of their worksite. Such
permission will be granted unless the employee cannot be immediately relieved from
his assigned duties, in which case permission will be granted as soon as possible
thereafter. If the administrator is unavailable, permission will be requested from the
next highest level of supervision. Requests by Stewards for permission to meet with
employees and/or by employees to meet with Stewards will identify the area to be
visited and the general purpose of the visit, i.e., grievance investigation, labor­
management meetings, negotiation sessions, etc.
2. A Steward thus engaged will report back to his/her supervisor on completion of such
duties and return to his job. DCPS agrees that there shall be no restraint, interference,
coercion, or discrimination against a Steward in the performance of such duties.
ARTICLE 6. ACCESS TO EMPLOYEES
The Union shall have access to all new and rehired employees to explain Union membership,
services and programs. Such access shall occur during either a formal orientation session or
upon such employees' reporting to their work site within thirty (30) calendar days of
employees' appointment or reappointment. If access to new and rehired employees is to be
allowed at times other than during a formal orientation session, such times must be mutually
agreed upon by the Union and DCPS. DCPS shall provide the Union with a list of new hires and
their school location within thirty (30) calendar days of a request for such a list by the Union.
No more than four requests for new hire lists shall be made in a calendar year..
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ARTICLE 7. INSPECTION PRIVILEGES
A. Accredited representatives of the International Brotherhood of Teamsters, whether Union
representatives, Joint Council, Eastern Conference or International representatives, shall be
allowed on school property during the non-work period of employees covered by this
Agreement to discuss Union business relative to the terms and conditions of this Agreement
with them. Any Union representatives desiring to visit school property shall first secure
permission from the administrator in charge and shall advise him/her of the reason for such
visit. Employees shall not be hindered from fulfilling their work assignments. Access shall
not be unreasonably withheld under this Article.
B. Before accessing the building, Union representatives will follow school security protocols,
inc