National Council of HUD Locals Council 222

The American Federation of Government Employees (AFGE) strives to create and maintain a community in which people are treated fairly and equitably with dignity, decency and respect. AFGE's environment must be characterized by diversity, mutual trust, freedom of inquiry and expression appropriate for the workplace, and absent of intimidation, oppression, exploitation, harassment or retaliation. Members and employees of AFGE and local/council affiliates must be able to work together in a safe and discrimination free environment.

The accomplishment of this goal is essential to the mission of AFGE. Therefore, the National Executive Council considers discrimination and/or harassment on the basis of race, creed, color, national origin, sex, age, political affiliation, handicapped condition, marital status, and sexual orientation, or retaliation for participation in the complaint process concerning such discrimination, a form of misconduct unbecoming a union member and misfeasance or malfeasance in office as an officer or representative of a local pursuant to Article XVIII, Section 2 (e) and (f) of the AFGE National Constitution.

1. Discrimination: - It is a violation of this policy to discriminate in the policies or practices, employment opportunities and benefits, membership benefits or privileges, or to create a hostile environment based on unlawful discrimination, if the basis of that discriminatory treatment is, in whole or in part, the person's race, creed, color, national origin, sex, age, political affiliation, handicapping condition, marital status, and/or sexual orientation. Additionally, it is a violation of this policy to fail to make reasonable accommodations to the physical and/or mental limitations of members or qualified employees or applicants with disabilities. Officers, members and employees of AFGE's National Office and local/council affiliates must comply with federal, state and local laws that prohibit discrimination.
2. Sexual Harassment: - It is a violation of this policy for an employee or elected officer of AFGE and local/council affiliates or elected officers to make unwelcome sexual advances, request sexual favors, or other verbal or physical conduct of a sexual nature, when submission to, or rejection of, this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or elected duties, opportunities or advancement within AFGE, and/or creates an intimidating, hostile or offensive work environment.
3. Retaliation: It is a violation of this policy for an employee or elected official of AFGE and local/council affiliates to impose hardship, loss of benefit, and/or penalty on any member or employee as punishment for: i. Filing or responding to a bona fide complaint of discrimination or harassment; ii. Appearing as a witness in the investigation of a complaint; or iii. Serving as an investigator or as an adjudicator of a complaint.

1. It is the responsibility of AFGE and all local/council affiliates to post this policy statement on all Union bulletin boards and to publish annually in their newsletter the procedures for filing a formal complaint.
2. All members and employees of AFGE and local/council affiliates must share the responsibility of understanding and preventing discrimination and harassment. Individuals who believe they have been discriminated against or are experiencing harassment, have the primary obligation of raising their concerns to the attention of the appropriate party or seeking the advice of the Women's/Fair Practices Departments.
3. All officers, members and employees of AFGE and local/council affiliates have the special responsibility to act promptly to eliminate any discrimination that exists in their area of oversight. If there is knowledge of unlawful discrimination, harassment or retaliation occurring, you must take immediate action to address the concern. Such action may include, but is not limited to, seeking the advice of the Women's/Fair Practices Departments.
4. Members with disability, who are in need of reasonable accommodations in order to participate in union activities, have the responsibility of requesting such accommodations. Convention delegates with disability, who are in need of reasonable accommodations and/or convention materials in alternate formats, have the responsibility to make that request to the Women's/Fair Practices Departments, in a timely manner.
5. Employees with disability of AFGE and local/council affiliates, who are in need of reasonable accommodations, have the responsibility of requesting such accommodations.

1. This policy supersedes the process for complaints and investigations under the Sexual Harassment policy. Charges of discrimination under this policy against national officers will be processed in accordance with the NEC’s Policy, Standards, and Procedures for Processing Charges Against National Officers Pursuant to Article XIII, Section 7 of the AFGE National Constitution (as reissued by the NEC on December 2-4, 1981). Charges relating to conduct which remedied as election protests by complaint in writing in accordance with Appendix A, Part III (Election Protests and Appeals), Sec. 2.
2. Any officer or member who feels harassed, discriminated or retaliated against may file a formal complaint in accordance with Article XVIII of the AFGE National Constitution.
3. Any officer or member, who receives a complaint filed in accordance with Article XVIII of the AFGE National Constitution, may refer to the Committee of Investigation Guidelines and Procedure Manual and the Hearing Manual for Internal Disciplinary Trial, located at www.afge.org, for proper processing of the complaint.
4. Any employee of AFGE and local/council affiliates, who feels harassed, discriminated or retaliated against, may file a complaint in accordance with their state and local process for filing complaints and/or their collective bargaining agreements.

GROUND RULES MEMORANDUM OF UNDERSTANDING Joint Declaration: Management and the Union will make a good faith effort to negotiate the collective bargaining agreement. The parties will endeavor to share information openly and participate in substantive discussion with the understanding that both parties share the same vision of ensuring HUD remains responsive to the Agency mission, employee working conditions and the value of HUD employees. Click the link to read the entire MOU, it is also available on the Bargaining page.

November 2009 Telework Arbitration Win, Telework is a right! - Calling it a "Valentine´s Day massacre," an arbitrator has overruled Management´s unilateral modification of telework schedules in the Indianapolis Office of Housing. The director, Eileen Mitcheltree, advised employees that she was "reassessing" approved telework agreements in September 2007. The arbitrator found that no actual reassessment was done. Rather, Director Mitcheltree rewrote all of the telework agreements, limiting employees to no more than one day telework per week, and advised employees on February 14 to accept the new agreement, or forfeit all telework. Arbitrator William Slonaker found, "Management´s attempt to force the employees into the appearance of acting "voluntarily" was fallacious, arbitrary and capricious."

Finding that "telework is more than a privilege, it is an important right, provided by and subject to the terms of Supplement 3," Arbitrator Slonaker observed,

It was clear from the testimony that Management considers teleworking as a privilege, not a right. While that may be accurate in a non-organized workplace, here Management´s characterization of teleworking as an optional privilege, impliedly to be dispensed at Management´s whim, is erroneous. Management´s attitude seems to have been that the employees should be thankful for any bit of teleworking Management might choose to give them. To accept Management´s characterization would imply that every provision of the Parties´ entire Agreement is optional, as though Management is being magnanimous when following any provision.

Management has appealed the decision to the Federal Labor Relations Authority, and the Council will continue to fight for implementation of this arbitration decision.

We are grateful to the Indianapolis employees who were willing to file grievances and insist upon their rights under the HUD/AFGE Agreement. We also congratulate Local President Robert Castillo and Council Chief Steward Perry Casper for their fine work in presenting this case through arbitration. Click here to read the entire decision issued November 9, 2009.

The Department of Labor June 2, 2006 Final Rule requires labor organizations subject to the Civil Service Reform Act of 1978, the Foreign Service Act of 1980 and the Congressional Accountability Act of 1995 to periodically inform their members of their rights as union members. The Final Rule will help ensure that federal union members are given basic understanding of: 1) rights as union members; 2) responsibilities of union officers.

Civil Service Reform Act of 1978 (CSRA) - The standards of conduct provisions in this Act, among other statutes, guarantee certain rights to members of unions representing Federal employees and impose certain responsibilities on officers of these unions.
read about the CSRA >
DOL 06/02/06 Federal Register Final Rule | DOL Fact Sheet | Council 222 Constitution/ByLaws
Foreign Service Act of 1980 | Congressional Accountability Act of 1995