NTEU has filed an unfair labor practice charge with the Federal Labor Relations Authority (FLRA) concerning the unilateral implementation of Compliance Data Environment (CDE) in Small Business/Self-Employed (SB/SE) Exam.

March 8, 2010

M E M O R A N D U M

TO:      IRS Chapter Presidents

RE:      SB/SE ― Unfair Labor Practice Filed Over Implementation of Compliance Data Environment

SUMMARY:  NTEU has filed an unfair labor practice charge with the Federal Labor Relations Authority (FLRA) concerning the unilateral implementation of Compliance Data Environment (CDE) in Small Business/Self-Employed (SB/SE) Exam.

In late December 2009, the IRS notified NTEU that it would implement CDE as the inventory delivery system in SB/SE Exam.  CDE allows Revenue Agents to look at transcribed tax return data online, thereby eliminating the need to travel to a Campus location to perform the task of selecting tax returns for examination.  As I previously informed you, NTEU sent a “cease and desist” communication to the IRS in June 2009 and requested to bargain CDE.  In response to our notice, the IRS briefed NTEU on CDE in June 2009, and delayed implementation pending further discussions with NTEU at the national level.  Despite our efforts, the IRS decided to implement CDE and maintains that the change in conditions of employment is de minimis and thus contends it has no obligation to bargain.  In response, NTEU has filed the attached unfair labor practice charge with the FLRA.

                                                                                    Colleen M. Kelley

                                                                                    National President