NTEU and HHS have executed a Memorandum Of Understanding (MOU) with regard to the 2016 Performance Management Appraisal Program (PMAP) changes that were implemented in the Administration of Children and Families (ACF) Office of Regional Operations (ORO) earlier this year. The MOU requires ACF ORO to hold formal discussions with employees regarding the MOU and PMAP changes, and to form a joint labor and management workgroup committee to monitor, evaluate and make recommendations regarding the impact of the PMAP changes on employees.
Despite reaching agreement, NTEU will not withdraw the Unfair Labor Practice (ULP) charge filed against HHS for its initial failure to execute the MOU, unilateral implementation of the 2016 PMAP changes without fulfilling its bargaining obligation, and bad faith bargaining in violation of 5 U.S.C. § 7116(a)(1), (5) and (8). NTEU will continue to pursue the ULP charge and remedy requested from the Federal Labor Relations Authority, to include a notice posting.