MURIEL BOWSER
MAYOR
June 26, 2023
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania A venue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Enclosed for consideration and approval by the Council of the District of Columbia is a
proposed resolution entitled the "Compensation and Working Conditions Agreement between the
Office of the State Superintendent of Education and American Federation of State, County and
Municipal Employees, District Council 20, Local 1959, AFL-CIO Approval Resolution of
2023".
This resolution will approve a collective bargaining agreement between the Office of the State
Superintendent of Education ("OSSE") and the American Federation of State, County and
Municipal Employees, District Council 20, Local 1959, AFL-CIO (AFSCME) bargaining unit
members at the OSSE's Division of Student Transportation. Under the agreement, effective the
first day of the first full pay period beginning on or after October 1, 2020, an adjustment to
the salary schedules of these employees will be made to reflect the FY 2021 Compensation
Units 1 and 2 rates for Grade 7 and Grade 3 on the X07-Maintenance, Trades, and Labor pay
schedule. Further, AFSCME bargaining unit members at the OSSE's Division of Student
Transportation who were actively on the payroll as of October 1, 2021, will receive a one-time
3.5% bonus payment in lieu of a wage-increase for FY 2022. Thereafter, for FY 2023, effective
for the first day of the first full pay period beginning on or after October I, 2022, the salary
schedules of AFSCME bargaining unit members at the OSSE's Division of Student
Transportation, will be increased by 2.5%. This increase will be followed by a 3.0% wage increase
effective on the first day of the first full pay period beginning on or after October 1, 2023 for FY
2024.
The agreement also provides for increases in the pre-paid legal services plan and the optical and
dental plans. In addition, bargaining unit members' Metro Pass subsidy will increase from $50 to
$100 monthly.
I urge the Council to take prompt and favorable action on the resolution. 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 the resolution or agreement.
Sincerely,
Muriel Bowser
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at the request of the Mayor
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8 A PROPOSED RESOLUTION
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12 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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17 To approve the negotiated compensation collective bargaining agreement for employees
18 employed by the Office of the State Superintendent of Education, Division of Student
19 Transportation, who are represented by the American Federation of State, County and
20 Municipal Employees, AFL-CIO, District Council 20, Local 1959 union.
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22 RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
23 resolution may be cited as the "Compensation and Working Conditions Agreement between the
24 Office of the State Superintendent of Education and the American Federation of State, County
25 and Municipal Employees, AFL-CIO, District Council 20, Local 1959 Approval Resolution of
26 2023".
27 Sec. 2. Pursuant to section 1717(j) of the District of Columbia Government
28 Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C.
29 Official Code 1-617.17(j)), the Council approves the collective bargaining agreement, and the
30 related pay schedules, between the Office of the State Superintendent of Education and the
31 American Federation of State, County and Municipal Employees, AFL-CIO, District Council 20,
32 Local 1959, which was transmitted to the Council by the Mayor on June 23, 2023.
33 Sec. 3. Fiscal impact statement.
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34 The Council adopts the fiscal impact statement in the committee report as the fiscal
35 impact statement required by section 4a of the General Legislative Procedures Act of 1975,
36 approved October 16, 2006 (120 Stat. 2038 ; D.C. Official Code§ 1-301.47a).
37 Sec. 4. Transmittal.
38 The Council shall transmit a copy of this resolution, upon its adoption, to the American
39 Federation of State, County and Municipal Employees, AFL-CIO, District Council 20, Local
40 1959, and the Office of the State Superintendent of Education, and the Mayor.
41 Sec. 5. Effective date.
42 This resolution shall take effect immediately.
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 COMPENSATION
AND
WORKING CONDITIONS
AGREEMENT
BETWEEN
OFFICE OF THE STATE SUPERINTENDENT OF
EDUCATION
DIVISION OF STUDENT TRANSPORTATION
AND
AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES
DISTRICT COUNCIL 20, LOCAL 1959,
AFL-CIO
Effective
October 1, 2020 - September 30, 2024
 Table of Contents
PREAMBLE .................................................................................................. 3
ARTICLE I: RECOGNITION: COVERAGE ....................................................................... 3
ARTICLE II: DEFINITIONS ............................................................................................... 4
ARTICLE III: FAIR PRACTICES ......................................................................................... 5
ARTICLE IV: UNION DUES ................................................................................................. 5
ARTICLE V: DISCIPLINE & ADVERSE ACTIONS ........................................................... 6
ARTICLE VI: GRIEVANCE & ARBITRATION PROCEDURES......................................... 8
ARTICLE VII: BULLETIN BOARDS .................................................................................. 13
ARTICLE VIII: SAFETY AND HEALTH ............................................................................. 14
ARTICLE IX UNION STEWARDS ................................................................................... 15
ARTICLE X: UNION ACTIVITIES ................................................................................... 18
ARTICLE XI: ADMINISTRATIVE CLOSING………………………………………………………………..17
ARTICLE XII: WORK FORCE CHANGES.......................................................................... 19
ARTICLE XIII: WORK SCHEDULING ................................................................................ 20
ARTICLE XIV: NO STRIKES/NO LOCK-OUTS ................................................................ 21
ARTICLE XV: MATTERS NOT COVERED ...................................................................... 22
ARTICLE XVI: LEAVE ........................................................................................................ 22
ARTICLE XVII: COMPENSATION ...................................................................................... 31
ARTICLE XVIII: CONTRACTING OUT ................................................................................ 33
ARTICLE XIX: OFFICIAL PERSONNEL FILES ................................................................. 34
ARTICLE XX: DRUG FREE WORK ENVIRONMENT ..................................................... 34
ARTICLE XXI: DISCRIMINATION .................................................................................... 35
ARTICLE XXII: SENIORITY ................................................................................................ 35
ARTICLE XXIII: OVERTIME ................................................................................................ 36
ARTICLE XXIV: CONFORMITY TO LAW - SAVINGS CLAUSE ......................................... 36
ARTICLE XXV: COPIES OF THIS AGREEMENT ............................................................... 37
ARTICLE XXVI: OPTICAL AND DENTAL BENEFITS ........................................................ 37
ARTICLE XXVII: PRE-PAID LEGAL PLAN ........................................................................... 38
ARTICLE XXVIII: METRO PASS............................................................................................. 40
ARTICLE XXIX: DISABILITY COMPENSATION BENEFITS ............................................. 40
ARTICLE XXX: VIOLENCE IN THE WORKPLACE ........................................................... 40
ARTICLE XXXI: UNIFORMS ................................................................................................ 41
ARTICLE XXXII: LABOR-MANAGEMENT PARTNERSHIP ............................................... 41
ARTICLE XXXIII: LOCKERS ................................................................................................... 43
ARTICLE XXXIV: DISTRICT OF COLUMBIA NEGOTIATED EMPLOYEE ASSISTANCE
HOME PURCHASE PROGRAM .......................................................... 43
ARTICLE XXXV: DRIVER/ATTENDANT RECOGNITION PROGRAM………………………..... 42
ARTICLE XXXVI: U.S. DEPARTMENT OF TRANSPORTATION PHYSICALS…………….……. 42
ARTICLE XXXVII: DURATION AND FINALITY OF AGREEMENT ....................................... 45
APPROVAL................................................................................................. 47
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PREAMBLE
This Agreement is entered into between the Government of the District of Columbia Office of
the State Superintendent for Education (hereinafter referred to as the Employer) and the
American Federation of State, County and Municipal Employees, Local 1959 (hereinafter
referred to as the Union), and collectively known as the “Parties”.
The purpose of this Agreement is:
1. To promote fair and reasonable working conditions;
2. To promote harmonious relations between the parties;
3. To establish an equitable and orderly procedure for the resolution of differences;
4. To protect the rights and interests of the employee, the Union and the Employer; and
5. To promote the efficient operations of the Employer.
Each party affirms without reservation the contents of this Agreement. Now therefore, in
consideration of mutual covenants and promises contained herein, the Employer and the Union
do hereby agree as follows:
ARTICLE I: RECOGNITION: COVERAGE
The Employer recognizes the Union as the sole and exclusive collective bargaining
representative for the purpose of negotiating wages and working conditions for all employees
in the bargaining unit certified by the Public Employee Relations Board in Certification No. 25 or
as it may be amended.
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ARTICLE II: DEFINITIONS
Except as otherwise stated in this Agreement, whenever used herein the following terms shall
have meanings as follows:
Section A:
The term "Union" shall mean the American Federation of State, County, and Municipal
Employees, District Council 20, Local 1959, AFL-CIO.
Section B:
The term "Employee" shall mean all employees covered by this Agreement, except that
probationary employees shall not be entitled to certain provisions of this Agreement where
such entitlement would be contrary to the laws and regulations of the District of Columbia.
Section C:
The term “Probationary Employee” shall mean an employee in his, her, or their first twelve
months of employment with the Employer. Probationary employees are entitled to the full
benefits of this Agreement except that no probationary employee may access the grievance
procedure in order to challenge his or her discharge during a probationary period.
Section D:
The term "Seniority" shall mean time served as an employee with OSSE (bargaining unit) or its
predecessor.
Section E:
The term "Collective Bargaining" shall mean negotiations between the Employer and the Union
on matters of wages, hours, and other conditions of employment.
Section F:
The masculine or feminine gender when used in this Agreement shall be interpreted as
referring equally to men and women and not as sex limitations. "He" or "she" when used in this
Agreement shall be interpreted as referring equally to men and women.
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ARTICLE III: FAIR PRACTICES
Section A:
The Agency shall not discriminate in any manner whatsoever against any employee based on
union activity, race, color, religion, national origin, sex, age, marital status, personal
appearance, sexual orientation, familial status, family responsibilities, disability, matriculation,
political affiliation or any other classification protected by law against discrimination.
Section B:
Employees have the right to freely join the Union or any employee organization but member-
ship in the Union or an employee organization shall not be required as a condition of
employment.
Section C:
The Union will admit persons to membership without discrimination based on race, color,
religion, national origin, sex, age, marital status, personal appearance, sexual orientation,
familial status, family responsibilities, disability, matriculation, political affiliation or any other
classification protected by law against discrimination.
Section D:
The Union recognizes its responsibility as bargaining agent and agrees to represent all
employees in the bargaining unit without discrimination, interference, restraint, or coercion
within the provisions spelled out in this Agreement.
ARTICLE IV: UNION DUES
Section A:
The Employer agrees to deduct union dues bi-weekly from the pay of employee members who
properly authorize the deduction of said dues. The employees must complete and sign the
authorization form which shall be forwarded by AFSCME District Council 20, to the Office of
Labor Relations and Collective Bargaining on the D.C. Form 277 to authorize withholding. The
amount to be deducted shall be certified to the Employer, through the Office of Labor Relations
and Collective Bargaining, in writing by the appropriate official of District Council 20.
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Section B:
The Employer agrees to honor all lawful authorizations for payroll deduction of payments to the
union and to remit such payments promptly to AFSCME District Council 20 pursuant to such
authorization. Authorized deductions shall be revocable in accordance with the lawful terms
under which an employee voluntarily authorized said deductions.
Section C:
The parties agree that no employee may be forced to become or remain a member of the
Union. Bargaining unit employees who do not wish to join the Union but who do wish to be
represented by the Union in a grievance may be required to pay the reasonable cost of
representation by the Union.
Section D:
It is the responsibility of the employee, the Local Union and District Council 20 to bring errors or
changes in bargaining unit employee status to the attention of the Employer. Corrections or
changes will be made at the earliest opportunity after notification is received by the Office of
Pay and Retirement Services but in no case will changes be made more than twenty-four (24)
calendar days after the start of the next pay period. The Union shall indemnify, defend, and
hold the District 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 judgement is entered against
the District as a result of the deduction of dues, 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.
ARTICLE V: DISCIPLINE & ADVERSE ACTIONS
Section A:
This Article shall not apply to the discipline or discharge of probationary employees.
Section B:
Disciplinary and adverse action measures may include the following:
1. Verbal Warning;
2. Written Warning/Official Reprimand;
3. Suspension; and
4. Discharge.
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Section C:
Any disciplinary action or measure imposed upon an employee, if hand delivered or post
marked (if mailed) shall be given within twenty (20) workdays of completion of the
investigation of the matter upon which the proposed action is based. OSSE will notify the
Union’s president by e-mail of the commencement of an investigation.
Section D:
If the Division of Student Transportation has reason to discipline an employee, it shall be done
in a manner that will not embarrass the employee before other employees or the public.
Section E:
The Employer shall not discharge an employee without cause. At the time the action is taken,
the employee and the Union will be notified in writing that the employee is subject to
discharge.
Section F:
The Union, an employee, or an employee through his/her Union, shall have the right to take up
a suspension or discharge as a grievance at Step 2 of the grievance procedure and the matter
shall be handled in accordance with this procedure.
Section G:
An employee found to be unjustly suspended shall be fully compensated for all lost time and
shall be made whole with respect to all other rights and conditions of employment.
Section H:
An employee found to be unjustly discharged shall be reinstated in accordance with an
Arbitrator’s Award or order of the Office of Employee Appeals or court of competent
jurisdiction.
Section I:
An employee may be immediately suspended pending investigation and/or may be terminated
upon the first offense if the Division of Student Transportation has reasonable cause to believe
that the employee has engaged in behavior or conduct that: presents a threat to the efficiency
and discipline of the public school system; threatens or may threaten any student or employee;
or otherwise threatens the public health, safety or welfare. Any employee charged with
committing a crime may be suspended immediately pending a complete investigation of the
matter.
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Section J:
Except as provided in Section I. of this Article, the Division of Student Transportation shall
provide at least 10 days advance notice to the employee and the Union prior to implementing a
corrective action and at least 15 days advance notice prior to implementing an adverse action.
The notice shall include a statement of the proposed action and the reasons for the proposed
action. Within five (5) days after receipt of the notice of the corrective action, and within ten
(10) days after receipt of the notice of the adverse action, the employee has the right to reply in
writing or in person to all charges and to furnish any statements in support of the employee’s
reply.
ARTICLE VI: GRIEVANCE & ARBITRATION PROCEDURES
Section A: Definition
A grievance is a complaint that there has been a violation of the provisions of this Agreement,
except for those complaints for which an existing statutory or regulatory procedure provides
exclusive redress.
Section B: Presentation of Grievances
1. A grievance may be presented by an employee, the Union, or the Employer..
Any grievance raised by the Union must identify the employee or group of
employees on whose behalf it is being raised.
Any matter that is presented to the D.C. Office of Employee Appeals may not thereafter be
raised as a grieva