In November 2002, AFGE Council of Locals, Council 222 filed a class-action type grievance pursuant to the Parties’ Collective Bargaining Agreement, alleging that the Agency violated numerous provisions of the CBA in its hiring processes. Specifically, the Union alleged that the Agency was hiring employees from outside the Agency, and allowed them to have higher promotion potential, than already employed individuals while at the same time requiring existing employees to take a downgrade in order to be eligible for the eventual higher position. The Union also alleged that the Agency was requiring the existing (and lower-graded) employees to train the new hires who would eventually leapfrog them in grade and pay.
Snider and Associates, on behalf of the Union pursued the grievance to arbitration and has prevailed numerous times before the Arbitrator and FLRA in Decisions and Awards between 2002 and the present.
UPDATE: November 23, 2022 – The federal district granted the Union’s Motion for Summary Judgment and ruled that the FLRA’s 2018 decision was unlawful. However, the FLRA has filed a Notice of Appeal and appealed that decision to the United States Court of Appeals for the D.C. Circuit. If the D.C. Circuit upholds the district court’s decision then the case will be active and will partially return to its pre-2018 status. A decision from the Court of Appeals is expected in late 2023.
UPDATE: November 23, 2021 – The federal district denied HUD’s Motion to Dismiss and the case is now pending cross-motions for Summary Judgment. A final decision has not been issued but is expected sometime in 2022.
UPDATE: On May 24, 2018, in an unprecedented and egregious overreach of Authority, the FLRA reversed more than a decade of prior rulings which were final and binding and vacated all prior decisions and awards. The Union has appealed that decision to Federal District Court and the appeal is pending a decision. The Union is considering other alternatives as well.
The complete case file can be accessed via the links below: