U. S. Department of Housing and Urban Development
Washington, D.C. 20410-1000





October 29, 2003

Ms. Richard D. Zaiger
Regional Director
Federal Labor Relations Authority
Boston Regional Office
99 Summer Street, Suite 1500
Boston. MA 02110

Re: Department of Housing and Urban
Development and AFGE
Case No. BN-CA-04-0017

Dear Mr. Zaiger:


This letter responds to the charge filed by the AFGE Council 222 against the Department alleging unfair labor practices and requesting a Temporary Restraining Order (TRO). By memorandum dated September 30, 2003, the AFGE submitted its demand to bargain over the implementation of the HUD Information Technology Services (HITS) contract. Attached is a memorandum dated October 24, 2003, from HUD to the AFGE responding to the Council's demand to bargain. The Department is in the process of scheduling negotiations with the bargaining unit over the impact and implementation of the contract.


With respect to the AFGE's request for a TRO, the Department believes that temporary relief is not warranted. A court uses the following balancing test to determine whether temporary relief should be granted: 1) where there is some likelihood for success on the merits; 2) no adequate remedy of law exists; 3) the plaintiff will suffer irreparable injury if the TRO is not issued; and 4) the irreparable harm defendant will suffer if TRO is granted. Attached is a declaration from the Assistant Secretary for Administration and Chief Information Officer ensuring no immediate or irreparable harm to HUD bargaining unit employees during the 12-month transition period as a result of the implementation of the HITS. Accordingly, a TRO is unnecessary and inappropriate.



Priscilla A. Lewis

Agency Representative




Gail Sorokoff, Attorney
Carolyn Federoff, president