National Grievance over Unilateral Termination of 2012 Space Utilization Memorandum of Understanding and Established Past Practice

On November 18, 2016, NTEU filed a national grievance asserting that HHS violated Articles 3 of the parties’ Consolidated Collective Bargaining Agreement (CBA), the 2012 Space Utilization Memorandum of Understanding (MOU), past practice, and the Federal Service Labor-Management Relations Statute when it unilaterally terminated the MOU and the past practice of providing NTEU with a three-year space projection on an annual basis without providing the union with notice or an opportunity to bargain.

Specifically, Section 5 of the MOU provides that “The Agency shall provide NTEU National and the appropriate local NTEU Chapter President with an updated three-year projection on an annual basis.”  On October 19, 2016, in response to NTEU’s request to provide the three-year space projection, the agency asserted that “there is no requirement to continue to provide the information indicated in the expired MOU.”

As a remedy, NTEU has requested, among other things, that HHS cease and desist from breaching Article 3 of the CBA, the 2012 Space Utilization MOU and any past practice it establishes, and the statute, and immediately comply with the CBA, the 2012 Space Utilization MOU, past practice, and federal law by providing NTEU with the updated, three-year space projection that it is entitled to receive on an annual basis.

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