ULP for Failure to Comply with Terms of Settlement Agreement

NTEU has filed an Unfair Labor Practice (ULP) charge against HHS for failing to comply with the terms of the parties’ settlement agreement executed on September 16, 2015.

On February 13, 2015, NTEU filed a national grievance against the agency for failure to issue copies of the parties’ Consolidated Collective Bargaining Agreement (CBA) following the conclusion of midterm bargaining, in accordance with Article 9, Section 4. Specifically, NTEU alleged that the agency had failed to reissue and redistribute hard copies of articles that had changed as a result of midterm bargaining.

On September 16, 2015, the parties executed a settlement agreement that required the agency to post an electronic version of the modified CBA to the HHS intranet within 14 days and to notify employees that it had been posted. The settlement agreement also required the agency to distribute hard copies of the CBA within 90 days, in accordance with Article 9.

To date, the agency has not posted the final, modified version of the CBA to the HHS intranet, nor has it distributed any new hard copies of the CBA. Moreover, the agency has not indicated when it will fully comply with the terms of the settlement agreement.

NTEU alleges that HHS has committed an Unfair Labor Practice (ULP) in violation of 5 U.S.C. §§7116(a) (1) (5), and (8), and § 7114(b)(5) by failing to comply with the terms of the parties’ settlement agreement and failing to negotiate in good faith. NTEU requests that HHS immediately comply with the terms of the executed settlement agreement, post a notice to all bargaining unit employees indicating that HHS has violated the Statute, and any other appropriate remedies.