Department of Housing and Urban DevelopmentIn 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: July 1, 2024 – The United States Court of Appeals for the DC Circuit denied the Union’s request for re-hearing. This unfortunately means that the case is effectively over and no additional relief or damages will be available. 

UPDATE: April 23, 2024 – The United States Court of Appeals for the DC Circuit vacated the federal district court’s decision and found that the 2018 FLRA decision could not be changed. If the D.C. Circuit’s decision stands, it will mean the end of the case and no additional relief or damages will be available. At this time, the Union is reviewing further appeal options.  

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:

  1. November 13, 2002 – Grievance Filed
  2. January 17, 2003 – Agency’s Response
  3. June 23, 2003 – Decision on Arbitrability
  4. July 28, 2003 – Agency Exceptions to Decision on Arbitrability
  5. September 11, 2004 – Union Opposition to Agency’s Exceptions (#4)
  6. February 11, 2004 – FLRA Remand on Arbitrability [59 FLRA 630]
  7. June 23, 2006 – Hearing on Remand/Arbitrability
  8. September 1, 2006 – Union’s Post Hearing Brief
  9. September 1, 2006 – Agency’s Post Hearing Brief
  10. January 24, 2007 – Decision on Remand per FLRA’s Order
  11. March 1, 2007 – Agency Exceptions to Decision on Remand (#10)
  12. April 19, 2007 – FLRA Order to Show Cause
  13. January 7, 2008 – Parties Request to Schedule Hearing
  14. May 29, 2008 – Arbitrator Decision on Union’s Motion to Compel
  15. July 15 / August 28, 2008 – Hearing on Merits Held
  16. December 1, 2008 – Union’s Post Hearing Brief
  17. September 29, 2009 – Arbitrator Decision on the Merits
  18. October 30, 2009 – Agency Exceptions to Decision on the Merits (#17)
  19. November 9, 2009 – Union Request for Order to Show Cause
  20. November 20, 2009 – FLRA Order to Show Cause
  21. December 4, 2009 – Agency Response to FLRA Order to Show Cause
  22. December 10, 2009 – Union Reply to Agency Response to FLRA Order to Show Cause
  23. January 26, 2011 – FLRA Decision on #17, Ordering Remand [65 FLRA 433]
  24. September 15, 2011 – Union Submission of Remedy on Remand
  25. January 10, 2012 – Arbitrator Decision on Remedy per FLRA’s Order (Remedial Award)
  26. August 8, 2012 – FLRA Decision upholding Remedial Award [66 FLRA 867]
  27. October 24, 2012 – Union ULP Filing
  28. February 6, 2013 – Agency submits Implementation Plan to FLRA
  29. March 20, 2013 – Union withdraws ULP after HUD agreement to Implement
  30. March 4, 2014 – Summary of IM No. 1
  31. May 17, 2014 – Summary of IM No. 2
  32. August 2, 2014 – Summary of IM No. 3
  33. September 8, 2014 – Agency Exceptions to Summary 3 (#32)
  34. September 12, 2014 – Union Request for Order to Show Cause
  35. October 20, 2014 – FLRA Order to Show Cause
  36. October 27, 2014 – Agency Response to FLRA Order to Show Cause
  37. November 10, 2014 – Union Opposition to Exceptions to #32
  38. January 10, 2015- Summary of IM No. 4
  39. February 27, 2015- Summary of IM No. 5
  40. May 16, 2015- Summary of IM No. 6
  41. May 22, 2015 – FLRA Decision upholding Summary No. 3 (#32) [68 FLRA 631]
  42.  June 8, 2015 – Agency Motion for Reconsideration of #41
  43. June 8, 2015 – Agency Motion for Stay of #41
  44. June 18, 2015 – Arbitrator Order on GS-1101 Promotions
  45. June 19, 2015 – Arbitrator Order on PHRS / CIRS Promotions
  46. June 22, 2015 – Agency Exceptions to IM No. 6
  47. June 27, 2015 – Summary of IM No. 7
  48. July 15, 2015 – Agency Exceptions to Order on GS-1101 Promotions
  49. July 17, 2015 – Agency Exceptions to Order on PHRS / CIRS Promotions
  50. August 2, 2015 – Union Opposition to Agency’s Exceptions to Summary 6 (#46)
  51. August 18, 2015 – Union Opposition to Agency’s Exceptions on GS-1101 (#44)
  52. August 18, 2015 – Union Opposition to Agency’s Exceptions on PHRS / CIRS (#45)
  53. November 4, 2015 – FLRA Decision Denying Motion for Reconsideration and Motion to Stay (#43) [69 FLRA 60]
  54. February 25, 2016 – FLRA Decision Denying Exceptions (#46, #48, #49; Consolidated) [69 FLRA 213]
  55. February 27, 2016 – Summary of IM No. 8
  56. March 9, 2016 – Agency Motion for Reconsideration of #54
  57. March 23, 2016 – Union Opposition to Agency Motion for Reconsideration
  58. March 26, 2016 – Summary of IM No. 9
  59. June 30, 2016 – Summary of IM No. 10
  60. July 29, 2016 – Agency Exceptions to Summary of IM No. 10
  61. September 12, 2016 – Union Opposition to Agency Exceptions
  62. September 19, 2016 – FLRA Order to Show Cause
  63. September 30, 2016 – Agency Response to FLRA Order to Show Cause
  64. October 14, 2016 – Union Response to Agency Response to FLRA Order to Show Cause
  65. November 3, 2016 – FLRA Order Denying Motion for Reconsideration and Motion for Stay
  66. June 7, 2018 – Union’s Motion for Reconsideration
  67. September 27, 2022 – District Court’s Decision Granting Union’s Motion for Summary Judgment
  68. November 21, 2022 – FLRA Notice of Appeal