FLRA Cautions HHS on AI Reliance in Filings

The U.S. Federal Labor Relations Authority (FLRA) recently cautioned the U.S. Department of Health and Human Services (HHS) about using AI to prepare filings.  The FLRA made its cautionary comments in its 10/21/2026 decision (75 FLRA No. 87) on U.S. Department of Health and Human Services and National Treasury Employees Union (NTEU).  In its decision, FLRA upheld an arbitrator’s decision that the method HHS used to implement the 1/20/2025 Return to In-Person Work” Presidential Memorandum (90 Fed. Reg. 8251, 1/28/2025) “violated the parties’ collective bargaining agreement and constituted an unfair labor practice under the Federal Service Labor-Management Relations Statute.”  Within the Analysis and Conclusions, the decision states:

Overall, twenty-two of the exceptions brief’s twenty-nine footnotes – and thirty-five of the forty-two legal or record citations – are fictitious, erroneous, or irrelevant. Based on the nature and scope of these errors, it appears that the Agency may have used a generative artificial-intelligence (AI) tool in drafting its brief.  While nothing prohibits parties from using AI tools when preparing filings for submission to the Authority, we caution those who so to be aware that AI continues to present significant risks of error.  Therefore, parties should take steps to verify the accuracy of any AI-generated material and ensure that their filings satisfy all regulatory requirements.

A word to the wise….