ULP for Unilateral Implementation of ACF Reorganization

NTEU has filed an unfair labor practice charge against HHS for failing to provide formal notice and bargain prior to implementing a reorganization of offices within the Administration of Children and Families (ACF). On February 2, 2016, the agency provided NTEU an “informational notice” of a planned ACF reorganization and stated that “none of the proposed changes impact the working conditions of the bargaining unit employees.” On February 5, 2016, the agency held a formal meeting with bargaining unit employees to notify them that the reorganization had been implemented; however, the agency failed to notify NTEU of the meeting. After the meeting had concluded, NTEU learned that the agency had distributed letters to employees informing them whether they would experience a change in office, division or supervisor. NTEU also received information from agency officials indicating that the reorganization would impose a change in work assignments and office assignments for some employees. On February 23, 2016, the agency announced a second formal meeting with employees in which it revealed a plan for new staff assignments throughout ACF.

NTEU made several attempts to reach out to the agency regarding this matter, requesting that the agency cease and desist with implementation until the bargaining obligation has been fulfilled.The agency did not respond. Accordingly, NTEU has filed an unfair labor practice (ULP) charge against HHS for its unilateral implementation of the ACF reorganization and for failure to provide notice of the February 5, 2016, formal discussion with employees.

NTEU alleges that the failure of HHS to provide NTEU National with notice and an opportunity to bargain the ACF reorganization constitutes an unfair labor practice pursuant to 5 U.S.C. §§7116(a) (1) (5), and (8), violates NTEU’s right to engage in collective bargaining under 5 U.S.C. §7102, and constitutes a repudiation of Article 3 of the parties’ Consolidated Collective Bargaining Agreement. HHS’s failure to provide notice of the formal discussion with bargaining unit employees violated NTEU’s representational rights under 5 U.S.C. §7114(a)(2)(A). NTEU requests that HHS post a hard copy and electronic notice to all bargaining unit employees indicating that HHS has violated the Statute and contract; return the parties to the status quo ante; and any other appropriate remedies.

Author: chapterpresident

I have worked in the FDA since 1990 in a variety of positions. I currently serve as chapter president of NTEU Chapter 254, representing FDA employees in Arkansas, Colorado, Iowa, Kansas, Missouri, Nebraska, New Mexico, Oklahoma, Texas, and Utah.