In Washington Teachers’ Union, Local #6 et al. v. Clarence Labor, Jr. et al, No. 11-OA-36 (D.C. Jan. 27, 2012), we (Jay Holland, Veronica Jackson and Brian Markovitz) just got a big victory for Washington Teachers' Union, and in fact all D.C. public employees, before the D.C. Court of Appeals re: the Office of Employee Appeals (OEA) failing to timely complete cases. WTU filed a Petition for Writ of Mandamus to force OEA to come into compliance regarding the timely resolution of employee appeals. MWELA and Metro Washington Council, AFL-CIO wrote amicus briefs in support, which greatly helped.

The District of Columbia Court of Appeals ordered that OEA respond to the Court within 20 days to explain "what actions it intends to undertake to address the delay in assigning administrative law judges in order to come into compliance with 6 DCMR § 632.1 (2008) (administrative judge 'shall issue an initial decision ... no later than 120 business days after the employee files a complete petition for appeal.' )."

Thanks to everyone at MWELA, especially Alan Kabat, Les Alderman, William Osborne, and Marie Hagen who wrote the amicus briefs.

– submitted by Brian Joseph Markovitz

Newsletter Volume: 
Newsletter - January/February 2012