August 8, 2003



MEMORANDUM FOR:  Priscilla Lewis, Chief, Labor Relations Branch, ARHLL



FROM:  Lisa A. Lowery, Co-Chair, Mid-Term Bargaining Committee, Council 222 HUD Locals


SUBJECT:  Demand to Bargain – Realignment of the Office of General Counsel/Departmental Enforcement Center



On July 29, 2003, management delivered to the union notice of the proposed realignment of the Office of General Counsel/Departmental Enforcement Center.  Council 222, AFGE demands to bargain over the impact and implementation of the reorganization pursuant to Article 5 of the Agreement between HUD and AFGE.


            Council 222’s initial proposals are as follows:


1.      No Adverse Impact:


There will no adverse impact on Bargaining unit employees’ current career ladder promotions or upward mobility entitlements, and no employee will be involuntarily relocated, separated, or downgraded as a result of the implementation of the OGC reorganization plan.


2.      Workload Changes:


No workload changes will be made that will impact upon the ability of career ladder employees being eligible for promotions based upon the reorganization of DEC employees into OGC.


3.      Telework:


All OGC employees shall be governed by the Departmental telework policy.





4.      Bargaining Unit Status:


No employee will be removed from the bargaining unit as a result of this OGC reorganization plan.


5.      Additional Changes:


The scope of this agreement does not include any changes not currently specified which may have an impact on bargaining unit employees.


6.      Notice to Union of Complete Signatures:


Once this Supplement is completely signed, Management shall provide the Council President and Chief Negotiator with a copy.  Unless the agency specifically disapproves the Supplement in accordance with 5 U.S.C.7114 (c), this Supplement shall become effective no later than 30 days of signing by the negotiators.


7.      Declaration of Impass:


The ten proposals agreed to as attachment of April 26, 2002, memorandum from Deborah A. Swann to Holly K. Salamido shall remain in effect.


8.      Reduction in Force:


There will be no reduction in force as a result of this reorganization and the employees of DEC shall be in the same competitive area as the employees of OGC who are located in the same geographic location.


9.      Time-in Grade Requirements


Time-in Grade requirements will be in accordance with Title 5.


10.  Local Negotiations


In accordance with Article 5 of the HUD/AFGE Agreement, bargaining shall be conducted at local offices concerning appropriate local issues related to this policy.






            In addition to the above proposals, the Council has the below information requests:


1.                  Pursuant to HUD management’s decision dated April 26, 2002, to implement its last and best offer, and the parties agreement, all DEC attorneys who were GS-13 or below in a career ladder to GS-14 were required to serve 12 months time in grade at the GS-13 at a fully successful level before promotion to GS-14.  Are there any GS-13 attorneys in DEC who have not yet been promoted to GS-14 after serving 12 months time in grade?


2.                  The OGC reorganization plan does not state whether any OGC staff person’s bargaining unit status has or will be changed as a result of the plan.  It only states “No bargaining unit position descriptions have been changed.”  Has or will any OGC staff become a bargaining unit member as a result of the OGC reorganization plan?  Has or will any OGC staff who was a bargaining unit member become a non-bargaining unit member as a result of the OGC reorganization plan?



3.                  Management shall supply the Union with a list of all present OGC bargaining unit members within 10 days of this proposal.


4.         Management shall provide a complete list of affected employees within 10 days of this proposal.


These are preliminary proposals only, and the union reserves the right to bargain or amend or add proposals, in accordance with Article 5.  If Council 222 does not hear from management within seven calendar days (Agreement, Section 5.03(1)(d)), the union will assume that management has accepted this proposal and does not intend to bargain.  Prior to management and the union reaching mutual agreement on the implementation and impact of the OGC reorganization plan, management shall maintain the status quo.  The HUD Council of Locals 222 President will be naming a Union Chief Negotiator and will notify management.