§ 1–1502.01. Reorganization Plan No. 1 of 1978

(Effective June 27, 1978)

Prepared by the Mayor and transmitted to the Council of the District of Columbia on March 20, 1978, pursuant to the provisions of Section 422 (12) of the District Charter.

D.C. DEPARTMENT OF LABOR

I. Establishment There is established in the Executive Branch of the Government of the District of Columbia, the Department of Labor headed by a Director who shall perform the functions herein transferred, delegated, or otherwise assigned to him and who shall have the authority to redelegate such functions as he deems necessary.

II. Purpose The Department of Labor is established to provide opportunities for citizens and other eligible individuals to prepare for, find, and maintain employment; to provide training and supportive services to the unemployed, under employed and disadvantaged; to provide income maintenance to mitigate the effects of unemployment; and to promote the working conditions of wage earners by protecting their health, safety, wages, rights, and benefits.

III. Functions The Director shall:

(a) Provide the Mayor information and advice on matters pertaining to labor and manpower in the District of Columbia.

(b) Identify the District's labor and manpower needs, formulate and recommend labor and manpower policies, establish priorities, and accomplish the planning, promotion, coordination and execution of plans, projects and activities to meet the needs.

(c) Improve the capability of the workforce to participate in the labor market by providing employment counselling, training, referral, placement services, including development and administration of apprenticeship and youth employment and training programs.

(d) Develop a manpower planning system which shall include development of an annual comprehensive plan for the administration and operation of a coordinated program for employment and training opportunities.

(e) Protect the income of wage earners by developing, establishing and enforcing minimum wage and overtime compensation standards and requiring the payment of earned wages to workers.

(f) Mitigate the effects of unemployment by providing income maintenance for eligible recipients.

(g) Protect the health and safety of wage earners of the District of Columbia at their places of work by enforcing occupational safety and health regulations and offering safety and health consultation services.

(h) Develop and analyze policies relating to labor and manpower programs in the District of Columbia and coordinate such policies with appropriate public and private agencies, including the Federal Government.

(i) Hear appeals brought by claimants for unemployment compensation.

(j) Provide staff support and administrative, fiscal, and housekeeping services for the Manpower Services Planning Advisory Committee, Apprenticeship Council, Wage-Hour Board and Occupational Safety and Health Board and Employment Security Board hereinafter established.

(k) Administer other labor-related programs as the Mayor deems appropriate to carry out the purposes of the Department.

IV. Transfer of Functions The following powers, duties and functions are hereby transferred to the Director:

(a) Those of the D.C. Department of Manpower, set forth in Reorganization Order No. 46, Mayor's Order No. 76-234, November 10, 1976, as amended, and in D.C. Law 1-93, Section 4.(d), D.C. Youth Services Act of 1977, approved March 25, 1977.

(b) Those of the Minimum Wage and Industrial Safety Board set forth in Reorganization Order No. 36, June 16, 1953, as amended, except as hereinafter provided, including the authority to administer and enforce:

(1) The minimum wage and overtime standards established by the Act approved September 18, 1918, (Title 36, Chapter 4, D.C. Code), as amended, and wage orders issued by the Minimum Wage and Industrial Safety Board;

(2) The provisions of the Act to provide for the payment and collection of wages in the District of Columbia (Title 36, Chapter 6, D.C. Code);

(3) The provisions of Section 16-584 of the D.C. Code prohibiting the discharge from employment of an employee because of garnishment proceedings; advise employees of their rights and responsibilities under the garnishment laws of the District of Columbia; issue regulations pursuant to Section 16-572(2) of the D.C. Code establishing the maximum amounts of disposable wages of employees which may be subjected to garnishment proceedings for other than weekly pay periods; and,

(4) The provisions of Section 36-310 and 36-311 of the D.C. Code.

(c) Those of the Minimum Wage and Industrial Safety Board relating to occupational safety and health set forth in Reorganization Order No. 36, June 16, 1953, as amended; Commissioner's Order No. 70-384, September 3, 1970; and Commissioner's Order No. 71-118, April 28, 1971, except as hereinafter provided, including the authority to:

(1) require employers to furnish a safe place of employment, report employees injury, death, and disease, and maintain records of employees.

(2) administer and enforce the District of Columbia occupational safety and health laws, standards and regulations.

(3) administer and enforce the regulations relating to eye protection devices for students.

(d) Those of the District Unemployment Compensation Board, set forth in Reorganization Order No. 37, and in Commissioner's Order 71-125, dated April 2, 1971.

V. Establishments The following Boards are hereby established in the Department of Labor:

(a) THE EMPLOYMENT SECURITY BOARD. There is established in the Department of Labor and Employment Security Board which shall have a standing committee for employment services and a standing committee for unemployment compensation.

The Board shall advise the Director concerning development of broad based programs to alleviate unemployment and resolve problems in the District; means of obtaining cooperation among District agencies and organizations concerned with employment and unemployment problems; efforts to gain public understanding of employment service and unemployment compensation program objectives and policies; and methods of improvement of operational interrelationships between employment service and unemployment compensation agencies. The Board shall also serve as the District's advisory council for purposes of Section 11 of the Wagner-Peyser Act (29 U.S.C. 49J), as amended.

The Board's standing committee for employment services shall advise the Director with respect to policies for the operation of the Department's employment services programs and assist the Director in promoting full use of such programs by management, labor and the general public.

The Board's standing committee for unemployment compensation shall advise the Director with respect to development of legislative programs and policies for administration of unemployment compensation programs.

The Employment Security Board shall consist of its chairman and the combined membership of its two standing committees. The Mayor shall appoint the chairman of the Board and six members to each standing committee. Each committee shall include men and women and have equal representation of employees, employers, and the general public. The terms of the members shall be for three years from the date of appointment or until a successor is named, except that any appointment to fill a vacancy occurring prior to the expiration of the term shall be only for the remainder of such term. Members shall serve without compensation.

The chairman shall adopt rules of procedures for the Board and its standing committees and shall appoint a chairman of each standing committee.

(b) THE WAGE-HOUR BOARD. There is established in the Department of Labor a Wage-Hour Board which shall have authority to promulgate wage orders; revise wage orders; and set minimum wage and overtime compensation standards, in accordance with procedures set forth in the Act approved September 19, 1918, as amended (Title 36, Chapter 4, D.C. Code). The Board shall have authority to appoint the ad hoc advisory committee provided for in Section 36-406, D.C. Code, and designate the chairman of such ad hoc committee. The Board shall have authority to administer oaths and require by subpoena the attendance and testimony of witnesses, the production of all papers, books, accounts, records, payrolls, registers, and other evidence, and to take depositions and affidavits in any proceeding before it. With respect to wage orders, those made by the Minimum Wage and Industrial Safety Board prior to the effective date of this Reorganization Plan shall continue in full force and effect until such time as any such wage order is revised by the Wage-Hour Board established herein.

The Board shall advise the Director on matters relating to minimum wages, overtime compensation, wage payment, and wage garnishment.

The Wage-Hour Board shall consist of three members appointed by the Mayor. As far as practicable members shall be so chosen that one will be representative of employers, one will be representative of employees and one representing the public. The public member shall be chairman. A quorum shall consist of any two members.

The term of office for each member of the Board shall be three years. Every vacancy shall be filled only for the unexpired portion of the term, but after the expiration of his term each member shall continue to serve until his successor is appointed and has qualified. No person who has served six years or more consecutively as a member shall be reappointed as a member until after the expiration of one year from the end of such service.

Members shall be compensated in accordance with the provisions of the Act entitled "An Act to authorize certain administrative expenses in the Government service, and for other purposes," approved August 2, 1946 (60 Stat. 806), as amended, or other applicable laws.

The Board shall adopt its own rules of procedure.

(c) THE OCCUPATIONAL SAFETY AND HEALTH BOARD. There is hereby established in the Department of Labor and Occupational Safety and Health Board which shall have authority to develop and recommend to the Mayor standards pertaining to Occupational Safety and Health issues.

The Board shall have authority to hold hearings and make decisions on temporary and permanent variances, abatement periods, penalties, and license revocations in accordance with Title 36, Chapter 4, D.C. Code.

The Board shall advise the Director on matters relating to the occupational safety and health of workers in the District of Columbia.

The Occupational Safety and Health Board shall be composed of seven members appointed by the Mayor, from among those residents of the District of Columbia who, by reason of training, education, or experience are qualified to carry out the functions of the Board. Each member shall be appointed for a term of three years, and shall be compensated in accordance with the provisions of the Act entitled "an Act to authorize certain administrative expenses in the Government service, and for other purposes," approved August 2, 1946 (60 Stat. 806), as amended, or other applicable laws. The Mayor shall designate a public member to serve as chairman. Other members shall represent management and labor interests in the private and public sector on an equal basis.

The Board shall adopt its own rules of procedure.

VI. Delegations of authority

(a) The Manpower Services Planning Advisory Committee, established by Commissioner's Order 74-84, dated May 24, 1974, shall serve as an advisory board to the Director on all matters pertaining to comprehensive employment and training activities in the District.

(b) The Apprenticeship Council, established under the provisions of D.C. Code 36-122, shall serve as an advisory board to the Director on matters pertaining to apprenticeship programs in the District. The Apprenticeship Council shall retain its powers, duties, and functions under the Act approved May 20, 1946 (D.C. Code, Sections 36-121 - 36-133), as amended.

VII. Repeal of previous orders and abolishments

(a) Commissioner's Order 74-81, dated May 24, 1974, relating to the establishment of the Cooperative Area Manpower Planning System (CAMPS) Staff, is hereby repealed.

(b) Commissioner's Order 75-41, dated February 26, 1975, relating to the functions of the Office of Budget Management Systems is hereby amended by striking paragraph L in Part III and redesignating the remaining last paragraph as paragraph L.

(c) The D.C. Department of Manpower, the Minimum Wage and Industrial Safety Board and the District of Columbia Unemployment Compensation Board are hereby abolished.

VIII. Organization The Director, in the performance of the duties and functions assigned to him, is authorized to establish such organizational components with such specified functions as he deems appropriate.

IX. Transfer of functions, funds and other resources All positions, property, records and unexpended balances of appropriations, allocations and other funds available or to be made available relating to the functions assigned to the Director are hereby transferred to the Department of Labor. Pursuant to the provisions of Public Law 93-198, Section 713, all positions and personnel transferred herein which are in the competitive service shall retain such status and continue to be subject to all rules and regulations governing the competitive service until such time as the D.C. Government merit system is established in accordance with Section 422 of Public Law 93-198.

X. Effective Date The provisions of this Plan shall become effective pursuant to the requirements of Section 422(12) of Public Law 93-198.

Prior Codifications

2001 Ed., Title 1, Chapter 15, Subchapter II, Part A.

Mayor's Statement

This Administration has for some time recognized that the labor-related programs and services in the District of Columbia have been organizationally scattered and fragmented. In the past, several administrative initiatives were undertaken to unite major labor elements but these efforts were frustrated principally because a major organizational component was by law a Federal agency. This impediment was eliminated with the passage of "The Self-Government and Governmental Reorganization Act" which specifically provided for the transfer of the D.C. Manpower Administration from the United States Department of Labor to the District of Columbia Government. As a result of this new opportunity, I appointed a select executive Task Force on Labor, chaired by the City Administrator, to recommend to me a design for a District of Columbia Department of Labor with the objective of consolidating in this new Department the responsibilities for the major labor-related programs and services provided by this Government.

The enclosed Reorganization Plan embodies the results of the Task Force's extensive review of the District's labor-related services, and, thus, represents a practical and measured judgment concerning those activities to be housed in the new Department. It is our strong conviction that this new Department has a unique potential for delivering coordinated labor related services which will enhance our citizens economic security, physical well-being, and productivity as workers as well as the potential for future expansion to include other labor related activities.

Further, the combination of programs centralized in this new Department will provide a concentration of specialized resources which can be tapped to support and strengthen other major policy initiatives of our Government, such as those in economic development and housing.

A. SUMMARY OF THE PLAN:

The Plan consolidates in the proposed Department of Labor the following organizations and/or programs:

The Department of Manpower - all its currentan services, programs, and responsibilities.

The District Unemployment Compensation Board - all its current services, programs, and responsibilities.

From the Minimum Wage and Industrial Safety Board, the Minimum Wage and Industrial Safety Divisions - all of their current programs and responsibilities.

From the Office of Budget and Management Systems, the Comprehensive Employment and Training Act Staff and all its services, programs, and responsibilities under Titles II and VI of the Federal Comprehensive Employment and Training Act (CETA).

There are five boards affected by this reorganization: The District Unemployment Compensation Board, the Employment Security Board, the Minimum Wage and Industrial Safety Board, the Apprenticeship Council, and the Manpower Services Planning Advisory Council. Under the proposed Department, an Employment Security Board has been created to replace the District Unemployment Compensation Board and the Employment Security Board. Also in anticipation of an approved D.C. Occupational Safety and Health State Plan, the Minimum Wage and Industrial Safety Board has been abolished and two separate Boards established: the Wage-Hour Board and the Occupational Safety and Health Board.

At some date subsequent to this reorganization plan, we plan to develop proposed legislation for a locally administered workmen's compensation law. Currently this worker protection is provided through the United States Department of Labor under provisions of the Federal Longshoreman's and Harbor Workers' Compensation Act, as well as, under the Federal Employees' Compensation Act. Upon passage of a local compensation act, we would expect that its provisions would be administered by the Department proposed by this Plan.

Organizationally, the Plan presents a Department with three major line operations and two major staff offices. The line elements are:

a.A Bureau of Employment Security -- comprised of the employment services from the Department of Manpower and the unemployment benefit program from the District Unemployment Compensation Board.

b.An Office of Labor Standards -- comprised of the enforcement activities of the Industrial Safety and Minimum Wage Divisions of the Minimum Wage and Industrial Safety Board. This Office will also have the broad responsibility for developing services and programs to serve workers at their place of work, and will initiate the preliminary activities to establish and operate a District workmen's compensation program.

c.An Office of Employability Development -- comprised of the Comprehensive Employment and Training Act responsibilities now administered by the Department of Manpower and the Office of Budget and Management Services, plus the District's Apprenticeship and Training Staff.

The Staff offices would consist of:

a.An Office of Administration -- which would centralize from each of the previously independent agencies such functions as budgeting, accounting, personnel, management analysis, logistical and contractual services, and statistical research.

b.An Office of Information -- which would plan, design, implement, and prepare output for all departmental management information and data systems, both manual and automated, including electronic processing of payments to recipients of unemployment insurance and other manpower related monetary benefits.

B. EXPECTED BENEFITS

In the short run, we would expect to discern the following benefits:

An improvement in labor-related planning, policy development, budget formulation, accountability, management control, coordination and responsiveness in the Executive Branch of the District Government through a reduction in the executive span of control.

An improvement of service delivery through the organizational linking of the District's State Employment Service with its Unemployment Insurance program to form a traditional Employment Security System with services delivered in approximately seven community job centers.

Improved coordination of both employment service and unemployment insurance services with all programs administered by the Department under the District's Comprehensive Employment and Training Act program (CETA).

Improved coordination in planning and administration of programs under the different Titles of the Federal Comprehensive Employment and Training Act through the consolidation of all responsibility in the new Department.

Improved relationship with the Federal Government by establishing a single point of contact and accountability in the District Government for all major programs funded through and by the U.S. Department of Labor.

Improved understanding of the functions and trends in the local labor market through the organizational consolidation of units collecting and analyzing various sources of labor information.

Improved inter-departmental coordination of policy development, planning, and program implementation, especially for manpower/labor and economic development plans of the executive branch.

Over a longer period of time, we would expect that benefits would accrue through:

An improved organizational posture to respond to changes in the economy which impacts on employment and/or unemployment, as well as changes in program delivery strategies resulting from either national or local policy initiatives.

The development of a more highly integrated service delivery system, especially for the various manpower programs, resulting in more efficient resource utilization and effective service delivery.

The development of a District managed workmen's compensation program which when operated by the Department in tandem with the occupational safety and health, and unemployment compensation program will provide a significant program for protecting the welfare and economic security of District workers.

C. ELEMENTS OF REORGANIZATION PACKAGE:

I. THE REORGANIZATION PLAN NO. 1 OF 1978

a. Establishment Statement

b. Purpose

c. Functions

d. Transfer of Functions

e. Establishment of Employment Security Board

f. Delegation of Authority

g. Repeal of Previous Orders and Abolishments

h. Organization

i. Transfer of Functions, Funds and Other Resources

j. Effective Date

II. PROPOSED ORGANIZATIONAL CHART OF THE DEPARTMENT OF LABOR AND ORGANIZATION CHARTS OF AMALGAMATED AGENCIES UNDER THEIR PREVIOUS STRUCTURE

III. FUNCTIONAL STATEMENTS TO THE DIVISION LEVEL IN THE PROPOSED LABOR DEPARTMENT

IV. PROPOSED FY '78 BUDGET FOR THE DEPARTMENT OF LABOR

V. PROPOSED STAFFING PATTERN FOR THE DEPARTMENT OF LABOR