Request for Information/Particularized Needs Request Pursuant to 5

Request for Information/Particularized Needs Request

Pursuant to 5 U S C 7114 (b)

April 3, 2015

Subject Case: Council #222 Grievance of the Parties (GOP) on the Multifamily

Reorganization Job Swap/Exchange application, process and use with employees.

The Union requests the following information pursuant to 5 U.S.C. 7114(b) and the CBA

between the parties. Covered under 5 USC 7114 (b)(4) “in the case of the agency, to furnish to

the exclusive representative involved, or its authorized representative, upon request and, to the

extent not prohibited by law, data -…”

This data should be provided in unredacted form, if possible, and sanitized only if necessary.

The information will be accepted in sanitized form, but the Union reserves the right to challenge

any sanitizations. Please provide the requested information in electronic/digital format whenever

possible. The descriptions below are meant to be construed liberally but if there is any

ambiguity, please contact the Union Representative as soon as possible and prior to responding.

Perry Casper, Chief Steward for Council #222 and designated representative for this arbitration

for the union would be the first contact.

The union further requests that the specified information be furnished within a reasonable

time not to exceed twenty (20) calendar days. If the request is denied, in whole or in part, please

state in writing the name, position, title, and grade of the official making the decision, and the

statutory, regulatory or contractual citation it is based upon. A number of the Council locals

have been forced to file Unfair Labor Practice charges regarding the failure of the agency to

provide or timely provide information under such requests. You may recall a finding by the

Federal Labor Relations Authority on one such request as recently as November 18, 2014 in the

Headquarters local 476 and Council #222 Washington, DC where HUD signed a settlement

agreement and posted:

WE WILL respond timely to requests for information made by the American Federation of

Government Employees Local 476 and Council #222, AFL-CIO as required by section 7114

(b)(4) of the Federal Service Labor-Management Relations Statute (Statute). WE WILL NOT in

any like related manner, interfere with, restrain, or coerce employees in the exercise of their

rights assured by the Statute.

General Statement of Particularized need: The Union believes that the Agency has violated

the Collective Bargaining Agreement (CBA), the MFRT Supplement, and other law, rule and

regulation in regard to its failure to properly apply the Job Swap/Exchange requirement

bargained by the parties.

The Union needs the requested information to prove the underlying facts and contentions in its

grievance. The Union also needs the information to show that the Agency improperly violated

the law, CBA and MFRT Supplement.

The information will be used in preparation for settlement negotiations and in preparation for

Arbitration Hearings, as well as in evidence at Arbitration.

The requested information will further enable the Union to fulfill its representational duties to

represent employees under the statue. If the Agency is unable to fulfill any request in full, please

fulfill it in any non-objectionable part, and explain any denial in detail.

1.) Identify all employees that are eligible for the Job Swap/Exchange pursuant to

the Multifamily Reorganization Transformation (MFRT). Please include their

name, position, series, grade and geographic location (office location/city

location).

Particularized need:

The union believes the Agency violated the CBA and MFRT Contract Supplement along with

other law, rule and regulation. The Union also believes that the Agency conduct constituted bad

faith, mismanagement, negligence, malfeasance, and willful abuse of authority and public trust.

The union needs the requested information to prove the underlying facts and contentions in its

grievance and to use the material for possible evidence in these charges. The Union wishes to

correctly identifying affected employees and determine that the Agency was aware of the

employees involved.

2.) Identify any employees that received a position by way of a job swap/exchange in

the MFRT Supplement provisions or without the MFRT provisions and note if

the swap/exchange was under the MFRT Supplement or outside of the

Supplement. Please include the name of the employee, the position received,

grade received, and series swapped/exchanged into, the location of the position,

and the position theat the employee swapped/exchanged from. List the name of

the employee that swapped/exchanged with the MFRT position. Please list the

time in grade for all employees involved in the job swaps/exchanges.

Particularized need:

The union believes the Agency violated the CBA and MFRT Contract Supplement along with

other law, rule and regulations. The Union also believes that the Agency conduct constituted bad

faith, mismanagement, negligence, malfeasance, and willful abuse of authority and public trust.

The union needs the requested information to prove the underlying facts and contentions in its

grievance and to use the material for possible evidence in these charges. The Union wishes to

correctly identifying affected employees and determine that the Agency was aware of the

employees involved.

3.) Identify by name, all employees listed in response to request No. 1 who

requested, applied, or made known their desire to obtain a job swap/exchange

pursuant to the MFRT Supplement provisions on job swap/exchange. Please

include the position that the employee applied, requested, or made known for

which they wished to swap/exchange with. Please include the name of the

employee they wished to exchange/swap with. Please list all employees that were

deemed eligible that requested the swap/exchange either going from the

multifamily program area ar into the multifamily program area. If the position

to be swapped/exchanged had multiple employees attempting the swap/exchange

of the position, please list which employee received, if any, the swap/exchange.

Particularized need:

The union believes the Agency violated the CBA and MFRT Contract Supplement along with

other law, rule and regulations. The Union also believes that the Agency conduct constituted bad

faith, mismanagement, negligence, malfeasance, and willful abuse of authority and public trust.

The union needs the requested information to prove the underlying facts and contentions in its

grievance and to use the material for possible evidence in these charges. The Union wishes to

correctly identifying affected employees and determine that the Agency was aware of the

employees involved.

4.) For each employee identified in Response No. 3, please indicate whether that

employee was given the job swap/exchange of the position, or any position

requested, and if not, state the reason for such a denial from any supervisor or

manager involved with the decision. Please identify the response as coming from

a multifamily supervisor or other program area supervisor/management official.

Particularized need:

The union believes the Agency violated the CBA and MFRT Contract Supplement along with

other law, rule and regulations. The Union also believes that the Agency conduct constituted bad

faith, mismanagement, negligence, malfeasance, and willful abuse of authority and public trust.

The union needs the requested information to prove the underlying facts and contentions in its

grievance and to use the material for possible evidence in these charges. The Union wishes to

correctly identifying affected employees and determine that the Agency was aware of the

employees involved.

5.) For each employee identified in No. 3, list each supervisor from the actual or

possible giving position to be swapped/exchanged and each supervisor for the

actual or possible receiving office that took part in the decision to approve a job

swap/exchange or deny the job swap/exchange. Please list the level in the chain

of command (first level supervisor, second level supervisor, etc…) for each

employee listed in No. 3.

Particularized need:

The union believes the Agency violated the CBA and MFRT Contract Supplement along with

other law, rule and regulations. The Union also believes that the Agency conduct constituted bad

faith, mismanagement, negligence, malfeasance, and willful abuse of authority and public trust.

The union needs the requested information to prove the underlying facts and contentions in its

grievance and to use the material for possible evidence in these charges. The Union wishes to

correctly identifying affected employees and determine that the Agency was aware of the

employees involved.

6.) Please identify or provide any and all jobs, positions, or job series that were

provided or identified for employees that the Agency considered eligible for

employees to job swap/exchange into.

Particularized need:

The union believes the Agency violated the CBA and MFRT Contract Supplement along

with other law, rule and regulations. The Union also believes that the Agency conduct

constituted bad faith, mismanagement, negligence, malfeasance, and willful abuse of authority

and public trust. The union needs the requested information to prove the underlying facts and

contentions in its grievance and to use the material for possible evidence in these charges.

7.) Please provide all application, e-mail requests, notification of employee interest

or intent to job swap/exchange that were provided to the Agency or supervisors

by employees that wished to swap/exchange from multifamily or from any other

program area into multifamily.

Particularized need:

The union believes the Agency violated the CBA and MFRT Contract Supplement along with

other law, rule and regulations. The Union also believes that the Agency conduct constituted bad

faith, mismanagement, negligence, malfeasance, and willful abuse of authority and public trust.

The union needs the requested information to prove the underlying facts and contentions in its

grievance and to use the material for possible evidence in these charges.

8.) Please provide a list of all multifamily employees that would be eligible for a job

swap/exchange during the MFRT and are currently or have been out stationed

to offices that are not listed in the Agency MFRT receiving locations. List the

date of those affected employees still out stationed or who have been out

stationed since the start of the MFRT and the reason for that action.

Particularized need:

The union believes the Agency violated the CBA and MFRT Contract Supplement along with

other law, rule and regulations. The Union also believes that the Agency conduct constituted bad

faith, mismanagement, negligence, malfeasance, and willful abuse of authority and public trust.

The union needs the requested information to prove the underlying facts and contentions in its

grievance and to use the material for possible evidence in these charges.

9.) Please provide a list of all multifamily employees that would be eligible for a job

swap/exchange during the MFRT and who have received hardship or reasonable

accommodations to stay in their current office locations. Please list the jobs that

they are assigned to including the position title, grade and series.

Particularized need:

The union believes the Agency violated the CBA and MFRT Contract Supplement along with

other law, rule and regulations. The Union also believes that the Agency conduct constituted bad

faith, mismanagement, negligence, malfeasance, and willful abuse of authority and public trust.

The union needs the requested information to prove the underlying facts and contentions in its

grievance and to use the material for possible evidence in these charges.

10.) Please identify the supervisors that were part of any decision in approving or

disapproving the following employees for a job swap/exchange that may have been

requested or made know to the Agency. Please provide all e-mail exchanges

between the employee (listed below) and any supervisor(s) regarding the discussion,

request or desire to job swap/exchange.

 Lynette Shrum, Des Monies

 Steve Sandegren, Kansas City

 Rodney Baxter, Ft Worth

 Dianne Smith, Ft Worth

 Daniel Perhay, Cleveland

 Robert Castillo, Indianapolis

 Laura Owen, Birmingham

 Suzanne Write, Knoxville

 Howard Roberts, Knoxville

 Dave King, Knoxville

 Jason Hare, Louisville

 David Melanson, Louisville

 Theresa Andrews, Louisville

 Andrea Schmidt, Greensboro

 Andrea Hendricks, Birmingham

 Joe Korley, Birmingham

 Sharon Law, Birmingham

 Paul Romano, Birmingham

 Brian Van Dorstein, Birmingham

 Angela Vassey, Jacksonville

 Kenneth Rozler, Buffalo

 Michael Pritchard, Jackson

 Vincent Cadotte, Jackson

 George Hartzog, Jackson

 Williams Radau, Jackson

 Frances Oglesby, Jackson

Particularized need:

The union believes the Agency violated the CBA and MFRT Contract Supplement along with

other law, rule and regulations. The Union also believes that the Agency conduct constituted bad

faith, mismanagement, negligence, malfeasance, and willful abuse of authority and public trust.

The union needs the requested information to prove the underlying facts and contentions in its

grievance and to use the material for possible evidence in these charges.

11.) Please provide any other documents or materials that are in the possession of

the Agency regarding the instruction to supervisors or management officials on the

use of the MFRT Supplement in regards to the job swap/exchange program and

process including but not limited to any Agency and work program instructions on

how to determine eligibility or acceptability to employees to the positions that

employees may request, apply or desire to swap/exchange. Please provide any

instruction that would include training to supervisors or managers or any

agreements between work program areas (CPD, FHEO, PIH, etc…) on how or who

can be swapped/exchanged.

Particularized need:

The union believes the Agency violated the CBA and MFRT Contract Supplement along with

other law, rule and regulations. The Union also believes that the Agency conduct constituted bad

faith, mismanagement, negligence, malfeasance, and willful abuse of authority and public trust.

The union needs the requested information to prove the underlying facts and contentions in its

grievance and to use the material for possible evidence in these charges.

12.) Please provide a list of all buyouts that have been made under the MFRT

process and the availability of funds for each MFRT wave and the MFRT in

general. Please provide the instructions given to all parties completing the buyout

process, if there are any that indicate what limits, if any have been placed upon the

buyout authority and amount of funds available for buyouts. Please include in this

information any known reason or instructions to the Bureau of Fiscal Services

(BSF) Contracted for HUD through the U.S. Dept. of Treasury Administrative

Resource Center used by HUD employees to assist on the MFRT buyouts that limits

the amount and number of buyouts that would be available under the MFRT.

Particularized need:

The union believes the Agency violated the CBA and MFRT Contract Supplement along with

other law, rule and regulations. The Union also believes that the Agency conduct constituted bad

faith, mismanagement, negligence, malfeasance, and willful abuse of authority and public trust.

The union needs the requested information to prove the underlying facts and contentions in its

grievance and to use the material for possible evidence in these charges. The Union is trying to

determine if swaps/exchanges were denied due to lack of funding for those employees

swapping/exchanging into Multifamily jobs thus affecting multifamily employees.