January 30, 2003
MEMORANDUM FOR:† Norman Mesewicz, Deputy Director, Labor and Employee
††††††††††††††††††††††† ††††††††††† ††††††††††† Relations Division, ARHRL
FROM:† Carolyn Federoff, President, AFGE Council 222
SUBJECT:† Notice of Submission for Arbitration
††††††††††† ††††††††††† Grievance of the Parties regarding
Failure to Treat Employees Fair and Equitably
††††††††††† We are in receipt of your decision dated January 17, 2003, denying the subject Grievance of the Parties.† Please be advised that we are submitting the matter for arbitration pursuant to Section 23.02 of the HUD/AFGE Agreement.† Pursuant to Section 22.14 of the Agreement and because you have raised a question of grievability, this matter should be submitted to the arbitrator for a threshold decision on the matter of arbitrability.
††††††††††† Based upon our telephone conversation of earlier, I am aware that you believe the matter should not be considered by an arbitrator at all.† I wish to remind you that the Agreement at Section 22.14 provides for an arbitrator to consider questions of arbitrability.† Further, the Agreement at 23.04 provides that the losing party shall pay the arbitratorís fees;† therefore, if your assessment regarding this matterís arbitrability is correct, the Council shall be the losing party and shall bear the financial burden.†
††††††††††† With regard to the request for information, we will forego filing an Unfair Labor Practice seeking the information until after resolution of the issue of arbitrability.† If the arbitrator agrees that the matter is arbitrable, we reserve our right to seek either a ruling from the arbitrator to compel Management to provide the information of file a ULP.
††††††††††† I suggest that we confer via conference call to select an arbitrator on Monday, February 4, 2003 at 1:00pm EST.† If you do not agree to confer to select an arbitrator by February 10, 2003, in accordance with Section 23.06 I will request that the Federal Mediation and Conciliation Service make a direct designation.†
††††††††††† Please call me at 617/994-8264.