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Generally, Locals enforce the contract which is bargained by the Council. Sometimes, however, management violations of the contract harm employees in more than one Local. For example, when management issued multiple telework policies, that harmed employees throughout the nation. The Council filed a Grievance of the Parties.
Note: Current historical documents on cases may now be loaded in the private area of our website, supplements will continue to be on our Supplements page
September - After 2 months of bargaining, Management rescinded its Article 49 notice of its proposed change to Handbook 2200.1, Chapter 13, Space Standards. Management intends to issue a new Article 49 notice in the future. Union negotiators are encouraged to review the documents provided below, especially the Bargaining Document.
Current Chapter 13 (issued in 2016)
Bargaining Document. This contains a complete history of all the proposals and counterproposals from the Union’s initial U-1 proposals to the Union’s final U-6 counters, after which Management withdrew. It shows not only the proposals on which we had reached agreement, but also, for those proposals where we disagreed, it provides critical information to justify the Union’s position.
HUD emails of September 28, 2023, rescinding Article 49 notice. Management initially proposed a settlement agreement in which both parties would agree that Management had to bargain locally only for reconfigurations of space or office relocations (much more limited situations than the CBA’s “alterations” of space), and that would have had the Union waiving various rights. The Union’s counterproposal is at the bottom of the rescission notice. Management ultimately withdrew its notice unilaterally, requiring no signed agreement.
ULP-GOP: Handbook 2200.1, Chapter 13 Space Design Standards Negotiations, September 6, 2023. The Union withdrew this ULP-GOP after HUD rescinded its Article 49 notice.
HUD has come out with a proposed revision to its space management chapter in Handbook 2200.01.
September 2023:
- - Current Chapter 13 (2200.01)
- - Bargaining Document, Union (09.2023)
- - HUD Email (09.2023)
- - ULP-GOP Space Management (09.06.2023)
July/June 2023:
- - Union Response to Article 49 (July, 2023)
- - Union Demand to Bargain (July, 2023)
- - Union Request for Information (June, 2023)
- - Mgmt Article 49 (June, 2023) and Draft of new Chapter 13
issues that emanated from the San Juan Field Office and other HUD offices on Management’s failure
to notify the Union and bargaining unit employees about the number, frequency in which, and when
employees have been testing positive for COVID-19 who have been in HUD offices & other workplace safety issues.
- - Grievance of the Parties (07.15.22)
- - Exhibit 1 (06.01.22)
- - Exhibit 2 (07.01.22)
- - Exhibit 3 (05.25.22)
AFGE Council 222 is aware that HUD recently sent out a series of emails addressing changes in mask-wearing
and screening protocols for COVID-19. These unilateral changes violate the Federal Labor-Management Statute as well as
our collective bargaining agreement, including our January 15, 2022, agreement regarding our Return to Safe Workplace negotiations,
and Supplements 25 and 28. The Union has filed an Unfair Labor Practice-Grievance of the
Parties against HUD, and demanded that management cease and desist from implementing such changes without notice to the Union or bargaining.
- - - Grievance of the Parties (with attachments) (03.07.22)
Council 222 Files a Grievance of the Parties for Unfair Labor Practice (ULP) and HUD-AFGE Agreement Contract Violations for Flexiplace Negotiations
- - Union Proposal #1
- - Grievance of the Parties (02.11.2022)
- - Exhibit 1 - 5 USC 7114 Request For Information #1 Flexiplace Policy Mid-Term Bargaining (01.26.22)
- - Exhibit 2 - 5USC 7114 Request For Information for COVID_19 and Related Issues Mid-Term Bargaining (11.24.21)
- - Exhibit 3 - Feb 9, 22 email RE changes to Telework Agreement and Safety Checklist
- - Exhibit 4 - Feb 9, 22 email RE ULP GOP (01.26.22)
A new requirement that numerous OGC employees will have to begin filing OGE Forms 450, Confidential Financial Disclosure Reports.
HUD failed to provide proper notice to the Union and to negotiate in good faith over this change in conditions of employment.
- - Financial Disclosure Addition (03.14.22)
- - ULP-Grievance of the Parties, Request for Information, and Demand to Bargain (02.17.22)
- - 450 Form
Union and HUD Reach Agreement Over Performance Awards Criteria
AFGE Council 222 reached a settlement agreement with HUD that reverses a performance
awards policy denying high-performing employees their performance awards unless they have
worked for HUD for the entire rating cycle. HUD also agreed to issue payments to employees
who had been denied performance awards because they did not work for HUD from October 1 to
September 30 in FY 2021 and 2022.
HUD had denied a bargaining unit employee a performance award because the employee left
HUD for another federal agency only 4 business days short of the end of the rating period. The
Union filed an Unfair Labor Practice–Grievance of the Parties against HUD over the policy,
which is not included in the collective bargaining agreement, and HUD’s failure to notify the
Union about implementing it. HUD denied the Union’s ULP-GOP, and the Union invoked
arbitration. Before the parties appeared before an arbitrator, HUD agreed to settle the dispute.
Under the settlement agreement, HUD will rescind its policy requiring employees to complete
the full rating cycle to be eligible for performance awards, pay the 2021 performance award to
the employee who had previously been denied it, and identify and pay any other employees who
received final ratings in 2021 and 2022 but were denied performance awards because they did
not complete the full rating cycle.
Jerry Gross initiated and represented the Union in this matter.
Attached:
1. ULP-GOP Performance Award Criteria 5/13/2022
2. FY21 OCHCO Closeout and Performance Guidance Memo 9/2/21
3. OCHCO Performance Award Guidance 2021
4. RFI-PerfAward 5/18/2022
5. HUD Decision GOP 5/24/2022
6. ULP-GOP Performance Award RFI 6/14/2022
7. HUD Decision on ULP-GOP and RFI 6/28/2022
8. ULP-GOP Performance Award RFI Amended 7/7/2022
9. RFI-PerfAward 3/28/2023
10. Settlement Agreement
June 8, 2022 - 222 has filed on behalf of bargaining unit employees concerning the Department’s preemptive
exclusions that broad groups of AFGE bargaining unit employees are ineligible for remote work without appropriate consideration
of the employees’ duties, assignments, and functions and without addressing how those
determinations would specifically affect the Department’s business needs.
- - Union Request for Information #5 (03.15.2023)
- - Union Request for Information #4 (01.31.2023)
- - Council Press Release (08.09.2022)
- - Remote Work Grievance of the Parties (06.08.22)
- - Exhibit 1 - National Supplement 33 Flexiplace Policy
- - Exhibit 2 - OCHCO Flexiplace Updates Email, 05.24.2022
- - Exhibit 3 - Sample Employee Denials of DocuSign System Remote Work Applications
- - Exhibit 4 - National Supplement 34 Amendments to Article 18
- - Exhibit 5 - National Supplements 35 Amendments to Article 57
- - Exhibit 6 - Handelman Email, 05.18.2022
- - Request for Information #1 (06.13.22)
- - Request for Information #2 (06.13.22)
- - Request for Information #3 (07.29.22)
- - Mgmt Response to Grievance of the Parties (07.08.22)
- - Mgmt Flexiplace Policy Handbook 625.1 Rev 1 (May 2022)
On May 24, 2022, Council 222 filed a Grievance of the Parties charging FHEO with sex discrimination based on its conduct of team leader training that ridiculed and disparaged women. The GOP also noted that FHEO had thereby created a hostile work environment. The Council's earlier attempts to communicate with HUD's senior leadership, including Secretary Fudge and Deputy Secretary Todman, were unsuccessful, as neither replied to the Council officials.
Union Calls Out Hostile Sexism in HUD’s Office of Fair Housing and Equal Opportunity -
May, 2022 - HUD’s Office of Fair Housing and Equal Opportunity (FHEO) displayed hostile sexism toward women in recent team
leader training conducted by a Deputy Assistant Secretary for equal opportunity specialists, presenting women
as incompetent, excruciatingly difficult, and unpleasant professionals. It seems our equal opportunity personnel don't
recognize discrimination when it's in front of their faces.
See the attached letter that the Union sent to Secretary Marcia L. Fudge and Deputy Secretary Adrianne Todman,
and the training PowerPoint (especially slides 14, 23, and 30).
We Can Do Better FHEO ODEEO Discrimination
Final Team Lead EOS Training March 2021
- - Revised proposal for Vaccine Mandate Return-to-office (11.01.21)
- - Grievance of the Parties Vaccination Bargaining and Other Related Issues (10.19.21)
- - Exhibit 1 - HUD Notice to Union - Vaccine Attestation (09.08.21)
- - Exhibit 2 - (HUD Email and Update) Vaccine Attestation Process for Employees (09.08.21)
- - Exhibit 3 - (AFGE Email) Cease and Desist COVID Vaccine Attestation (09.08.21)
- - Exhibit 4 - (AFGE Email) Union DTB and Preliminary Proposals for Vaccination Mandate, Attestation and Testing (09.14.21)
- - Exhibit 5 - Hankinson response to AFGE Demand to Bargain (09.14.2021)
- - Exhibit 6 - Union DTB and Proposals for Vaccination Issues Revised (09.20.21)
- - Exhibit 7 - (Union-HUD Email Exchange)Updated Proposals
- - Exhibit 8 - (HUD Email) Benefits of COVID-19 Vaccine and Vaccination Deadline Reminder (10.07.21)
- - Exhibit 9 - (HUD Email) Vaccine Requirement-Religious and Medical Exceptions (10.13.21)
- - Exhibit 10 - (HUD Email) Workplace Safety-Vaccination Requirement Reminder (10.15.21)
- - Exhibit 11 - (HUD Email) Dates to Begin Bargaining Implementation of EO 14043 (10.15.21)
- - Exhibit 12 - (HUD Email) Dates to Begin Bargaining (10.15.21)
- - Exhibit 13 - (HUD Email) Briefing on Message to Staff (10.16.21)
- - Exhibit 14 - (HUD Email) Workplace Updates (10.18.21)
- - Exhibit 15 - (HUD Email-HUD Email Exchange) Dates to Begin Bargaining (10.19.21)
- - Exhibit 16 - Safer Federal Workforce FAQ Labor Relations Related to Vaccination (09.16.21)
Grievance of the Parties concerning Public Housing Portfolio Management Specialist Position’s Fiscal Year 2022 Performance
Plan’s Repudiation of SMART Standards, Illegal Standards and Other Collective Bargaining Agreement, Statutory and Regulatory
Violations
- - Settlement (04.28.22)
- - Exhibit 1 Performance Elements and Standards
- - Grievance of the Parties (12/28/21)
REAC bargaining-unit
employees were being notified of the change in their official duty stations and locality pay to the
local commuting areas where their homes are physically located. The consequence of this change
is that affected REAC bargaining-unit employees will receive substantial pay cuts in the
thousands of dollars per year range due to lower locality pay in the local commuting areas near
their homes.
- - Union Request for Information (06.30.2021)
- - Grievance of the Parties (06.29.2021)
Chief Negotiator - Ashaki Robinson - 222 prevailed in arbitration over HUD. The Union had filed
a grievance of the parties against HUD on January 16, 2020, on the grounds that the management negotiating team had violated the Federal Labor-Management
Statute by refusing to provide official time "to prepare or pursue grievances (including arbitration of grievances) brought against an agency," in accordance with Trump's Executive Order 13837, which President Biden has rescinded.
The complaint asserted additional violations of the Labor-Management Statute.
Case documents are located in the private area of the website
- - Arbitrator's Decision (Case 200310-04768
- - Grievance of the Parties (01.16.2020)
Department violation of Article 31.03 (2) of the Agreement regarding timely payment of bargaining unit employee Awards for Overall Performance, Article 6.01 of the Agreement regarding the fair and equitable treatment of employees, as well as any and all other law, rule, regulations, policy, handbooks or agreements that apply.
- - - Grievance of the Parties (04/17/2018)
Agency violation of statutory and contractual provisions, unfair labor practices and other violations of Federal law, which requires Management to fulfill an information request that has shown a particularized need. The Union further maintains that Management´s attempt to withhold this information on matters relevant to Ground Rules negotiations for impending term bargaining is an unfair labor practice and violation of Management´s duty to bargain in good faith.
- - - Arbitration Decision FMCS 180918-08462 (April 2019)
- - - Management Response to Grievance (08/29/2018)
- - - Grievance of the Parties (07/30/2018)
Agency violation of statutory and contractural provisions, unfair labor practices and other violations of Federal law which requires management to honor an existing negotiated collective bargaining agreement (CBA) until a new agreement has been negotiated.
- - - Management Response to Grievance (07/18/2018)
- - - Grievance of the Parties (06/18/2018)
A term CBA is in place (ratified by the Union membership and approved by a previous Secretary of HUD in July 2015). Management has breached and repudiated the contract by refusing to follow the clear and unambiguous language contained in the CBA.
- - FLRA Decision 73 FLRA No. 11 (6.14.2022)
- - FMCS Decision 191207-02230 (12.5.2019)
- - Management Response (11/21/2018)
- - Grievance of the Parties (10/22/2018)
Agency violation of Article 49, including but not limited to Article 49.05, which requires management to pay the travel and per diem costs of union negotiators for midterm bargaining.
- - - Grievance of the Parties (07/28/2017)
Agency violation of Article 49 regarding mid-term bargaining, Article 6.01 regarding fair and equitable treatment of employees and management refusal to
complete midterm bargaining that is underway and to adhere to contractual and statutory requirements for bargaining constitutes bad faith.
- - - Grievance of the Parties (09/26/2017)
Agency failure to comply with provisions in Supplement 6, requiring that management provide the Union with copies of communications with HUD
Common Interest Groups (HCIGs) upon request.
- - - Grievance of the Parties (09/13/2016)
- - - Supplement 6 (04/05/2016)
Job Swap - There is an ongoing reorganization
of the Department of Housing and Urban Development Office of Housing
Multifamily Program Division which was negotiated and resulted in Supplement #135
(note section #38) to the National Collective Bargaining Agreement between HUD and AFGE Council
of Locals #222. This Supplement included an Appendix 3 to the Agreement on the Specific subject
of Job swaps or a Job Exchange Program. Prior to the Appendix a Pilot Program on job swaps/job
exchnages was agreed to by the parties. This reorganization is being conducted in five (5) "waves"
or is incrementally being completed over a phased time period. Currently
wave one is completing the implementation process and wave two is in the midst of the reorganization process.
It is the Union's belief and grievance that the job swap/job exchange contractual process was violated by the Department.
- - - Union Discovery Request (04/03/2015)
- - - Management Response (11/07/2014)
- - - Grievance of the Parties
First Consideration - As an ongoing mis-application of the Multifamily Reorganization (MFRT) Supplement #135 there is a continuing condition of not providing "First Consideration"
to current HUD Multifamily Housing employee applicants that are subject to relocation or elimination for vacancies within the employees commuting area.
- - Union Request to Invoke Arbitration
- - Department Response to Union Grievance (10/27/2014
)
- - Grievance of the Parties
HUD Violation of MOU on Department-Wide Furloughs of Less Than 30 Days
- - Grievance of the Parties (05/16/13)
1/24/13 - GOP concerns HUD's continuing condition/violation of the Agreement when it failed to fairly
and equitably distribute workload and notify and bargain the impact and implementation of workload redistribution and reassignment at all HUD Field Office and Headquarters for all program offices due to retirements, lack
of backfilling of positions, and workload increases and imbalances between offices.
- - Invocation of Arbitration (03/15/2013)
- - Request for Information 1 (03/15/2013)
- - Request for Information 2 (03/15/2013)
- - Grievance of the Parties (01/24/13)
- - Grievance of the Parties (11/6/12)
- - Union Demand To Bargain (10/10/12)
- - Union Request For Information (10/4/12)
Unilateral Change of Terms of HUD/AFGE Agreement at Section 13.13 with regard to career ladder promotions for field attorneys.
- - Grievance of the Parties (12/17/2012)
06/22/18 Agency Response
06/07/18 Union Motion For Reconsideration
06/07/18 Certificate of Service for Motion For Reconsideration
05/24/18 FLRA Decision
03/26/18 Agency Filing
09/29/16 Agency Filing of Exceptions
07/27/16 Unfair Labor Practice Charge
02/27/15 Summary of Implementation Meeting
01/10/15 Summary of Implementation Meeting
11/10/14 Union Response in Opposition to Agency Resp to Show Cause Order
10/09/14 Union Request to Show Cause
09/03/14 Union Request For Information
08/08/12 FLRA decision on Mgmt appeal
03/23/12 Union Opposition to Mgmt Appeal
02/16/12 Mgmt Appeal to FLRA
01/13/12 McKissick Order
09/15/11 Union´s Submission on Remand setting forth proposed remedies
07/28/11 Letter to arbitrator McKissick seeking assistance on remand and setting forth a proposed process
01/26/11 FLRA decision remanding McKissick's remedy in Grade Parity (Fair and Equitable) grievance of parties (accompanied 07/28/11 letter to McKissick)
12/10/09 Union Reply to Agency's Response to FLRA Order to Show Cause
12/04/09 Agency Response to FLRA Order to Show Cause
11/20/09 FLRA Order to Show Cause (for HUD's late appeal)
11/09/09 Union Request to FLRA to Issue Order to Show Cause
10/30/09 Mgmt Appeal to FLRA of Arbitrator Decision on the Merits
09/29/09 Arbitrator Decision on the Merits
12/01/08 Union Closing Arbitration Brief
01/14/08 Union & Agency Request to Arbitrator to Schedule Hearing
08/06/07 FLRA Order Dismissing Agency Exceptions
05/03/07 Agency Response to FLRA Show Cause Order
04/23/07 FLRA Order to Agency to Show Cause
04/02/07 Union Opposition to 2nd Appeal to FLRA
Agencies 2nd Appeal to FLRA
01/24/07 Decision of Arbitrator on Remand from FLRA - Grievance found to be arbitrable
09/01/06 Union's Clsg Brief |
Mgmt Brief
06/23/06 Hearing Held (Briefs due 09/01/06)
click here to FLRA website to
read full text of the decision
02/11/04 FLRA Decision to Remand to Arbitrator
09/12/03 Union Opposition to Agency Appeal
07/28/03 Agency Appeal to FLRA
06/23/03 Arbitrator's Decision
04/28/03 Union's brief on issue of arbitrability (not dated)
01/30/03 Prelimary Notice of Arbitration
01/17/03 Mgmt Denial
11/30/02 Grievance of Parties/Req for Information