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GC ULP Filed 09-14-2020 Ove the Agency's Refusal to Bargain - Changes Made in Response to COVID-19
Mar 22, 2021

From: Price, Bill
Sent: Monday, September 14, 2020 3:04 PM
To: Julian, James 
Cc: Leiby, Jack ; Couture, Richard ; 'Anita Autrey' ; 'Barri Sue Bryant' ; Bryant, Barri S. ; Glenn, Debbie ; Lott, April ; Parks, Beverly A.  Rakowski, Iris ; Tucker, Earl ; Washington, Shelley ; 'Ralph C de Juliis' ; 'Harris, Peter ' ; ''Joseph, Agatha'  
Subject: GC ULP Filed 09-14-2020 Ove the Agency's Refusal to Bargain - Changes Made in Response to COVID-19

Mr. Julian

Attached is a copy of an Unfair Labor Practice (ULP) filed by the AFGE General Committee (GC) against the Agency over the Agency’s refusal to bargain over changes made to conditions of employment in response to the COVID-19 outbreak.  The ULP charge also includes the Agency’s ignoring bargaining demands, ignoring information requests, refusing to provide information, and making unilateral changes in violation of 5 USC.

To be clear, by filing this charge, AFGE is not saying that the Agency should not have made changes in response to the COVID-19 outbreak.  The charge is saying that the Agency had an obligation per 5 USC and our Contract, to provide the Union with prior notification of the change and to bargain with the Union upon receiving the Union’s bargaining request.  The Agency also had an obligation per 5 USC and our Contract, to provide the Union, upon request, with information which was reasonably available and necessary for full and proper discussion, understanding, and negotiation of the changes.  By unilaterally implementing changes in violation of the Contract and the Civil Service Reform Act, the Agency has diminished the efficiency of the services provided by this program, and demonstrated a complete and calloused disregard for the knowledge, experience, and talents, of the bargaining unit employees who perform the work of this Agency, and the Union that represents those employees.  The Union gave the Agency ample opportunity to correct their behavior and act within the scope of the Contract and Civil Service Act, prior to filing this charge – and the Agency refused to comply with the rules.

This could have been done much better.

A hard copy of the charge is also being sent to you by first class mail.

Please let me know if you have any questions or concerns.

Bill Price

Chair, GC Litigation Committee

First Vice President, Council 220


Download:
FLRA Form 22 - C220 ULP - Ignoring Unions Demand to Bargain And Information Request - All Aspects Related to Agency's Response to COVID-19.pdf
FLRA Form 22 Section 3(a).docx
09-14-2020 eFiling Record - ULP - Agency's Refusal to Bargain Changes Made in Response to COVID-19.docx
Attachment 1 - 03-09-2020 DTB - All Aspects of Agency's Response to COVID-19.docx
Attachment 2 - 03-21-2020 Commissioner Broadcast - COVID-19 Telework Expansion.docx
Attachment 3 - 03-23-2020 - COVID-19 Broadcast Message from DCO Grace Kim.docx
 
 
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