PERB Hearing Examiner Finds D.C. Fire & EMS Department Bargained in Bad Faith
April 16, 2026
In March, Bredhoff & Kaiser successfully obtained a finding that the D.C. Fire & EMS Department bargained in bad faith with International Association of Fire Fighters Local 36 during more than 18 months of collective bargaining negotiations.
Local 36 represents over 2500 active and retired members of the D.C. Fire & EMS Department, constituting the third-largest public-sector bargaining unit in the District of Columbia. Its members provide world-class fire suppression and emergency medical services across the District in demanding conditions. Unfortunately, they have been operating under an expired collective bargaining agreement for more than a year and haven’t gotten a pay raise in more than two.
Bargaining between Local 36 and the Department over a successor agreement started in July 2024. For well over a year, the Department failed to provide a full set of economic counterproposals or to respond to the union’s information requests. Nevertheless, the Department continuously promised that its responses were coming soon.
In June 2025, after nearly a year of broken promises, Bredhoff filed an unfair-labor-practice complaint on behalf of Local 36 with the D.C. Public Employee Relations Board (PERB). Local 36 alleged that the Department’s delays, failure to respond to the Union’s economic proposals, and failure to provide information requested by the union amounted to bad-faith bargaining in violation of the District’s Comprehensive Merit Personnel Act.
After hearing two days of evidence and arguments, a PERB hearing examiner in late March found in favor of Local 36. The hearing examiner held that the Department’s constant roadblocks, paired with its repeated promises that it would provide counteroffers soon, manifested bad-faith bargaining under D.C. law. In reaching those conclusions, the hearing examiner rejected the Department’s arguments that its hands were tied. The Department has not appealed the Hearing Examiner’s decision.
Local 36 deserves a fair contract. The PERB hearing examiner’s holding is an important step in protecting the rights of Local 36’s members, ensuring that the District follows the rules, and reaching a fair deal. Bredhoff is proud to represent Local 36 in that effort.