U. S. Department of Housing and Urban Development
Washington, D.C.
20410-1000
OFFICE OF THE ASSISTANT SECRETARY FOR
CONGRESSIONAL
AND INTERGOVERNMENTAL RELATIONS
October 29, 2003
Re: Department
of Housing and Urban
Development and AFGE
Case No. BN-CA-04-0017
Dear Mr. Zaiger:
This letter responds to the charge filed by the AFGE
Council 222 against the Department alleging unfair labor practices and
requesting a Temporary Restraining Order (TRO). By memorandum dated September
30, 2003, the AFGE submitted its demand to bargain over the implementation of
the HUD Information Technology Services (HITS) contract. Attached is a
memorandum dated October 24, 2003, from HUD to the AFGE responding to the
Council's demand to bargain. The Department is in the process of scheduling
negotiations with the bargaining unit over the impact and implementation of the
contract.
With respect to the AFGE's
request for a TRO, the Department believes that temporary relief is not
warranted. A court uses the following balancing test to determine whether
temporary relief should be granted: 1) where there is some likelihood for
success on the merits; 2) no adequate remedy of law exists; 3) the plaintiff
will suffer irreparable injury if the TRO is not issued; and 4) the irreparable
harm defendant will suffer if TRO is granted. Attached is a declaration from
the Assistant Secretary for Administration and Chief Information Officer
ensuring no immediate or irreparable
harm to HUD bargaining unit employees during the 12-month transition period as
a result of the implementation of the HITS. Accordingly, a TRO is unnecessary
and inappropriate.
Priscilla A. Lewis
Agency Representative
Enclosures
cc:
Gail
Sorokoff, Attorney
Carolyn Federoff, president