[I]t was not necessary to explicitly lay out those types of bargaining, because they dont involve the same logistics that face-to-face bargaining does. Tr. . For all of the above reasons, the Agency failed to bargain in good faith and violated 7116(a)(1) and (5) of the Statute. Held. Tr. 33, 42-43, 403; GC Ex. Tr. Similarly, the Respondent cannot blame GSA for its unlawful bargaining. GCExs. To make matters worse, the Union was told that it only had a few days to make any further comments on the floor plans, and that all issues relating to the move had to be negotiated in that time even issues that were not tied to the Agencys final comments on the floor plans. Graham testified that the Agencys comments to GSA incorporated . Tr. Tr. 105. We had bargained all day. Most of those employees work for the Agencys General Counsel (including about eight or nine who work for the Washington Resident Office, also referred to as the WRO, which is a division of the Baltimore Regional Office); about fifteen work for the Board. . 428. D.C. 165, 126 L.R.R.M. 233), and officials of both unions asked that they be given copies of the exercises that had been done, so that the unions could evaluate the feasibility of different alternatives. 25. Even after receiving permission to extend their caucus beyond the allotted hour, the Union negotiators realized that we were rushing and we were not going to be able to do a very thorough job of reviewing the proposals and that concerned us. The Agency negotiators explained that the size of restroom facilities was based on a formula in an international code, while the Unions math is not based on anything; youre just coming up with numbers. Tr. The FLRA is an independent administrative federal agency that administers the labor-management relations program for 2.1 million non-postal federal employees worldwide. (d) Pursuant to 2423.41(e) of the Authoritys Rules and Regulations, notify the Regional Director, Chicago Region, Federal Labor Relations Authority in writing, within thirty (30) days from the date of this Order, as to what steps have been taken to comply. The General Counsel argues that the Agency violated 7116(a)(1) and (5) when it refused to negotiate with the Union over the headquarters relocation on and after April 25. 91. The General Counsel argues that the Respondent violated 7116(a)(1) and (5) of the Statute when, on and after April 25, it unilaterally terminated bargaining with the Union regarding its relocation of its headquarters. GC Br. 431. . The FLRA administers the labor-management relations program for 2.1 million non-Postal federal employees worldwide, approximately 1.2 million of whom are represented in 2,200 bargaining units. In response to the unions argument that excluding it from negotiations with the prospective landlord would prevent it from contributing to the important decisions affecting the relocation, the judge said: Since it is the responsibility of an agency seeking to make the change to insure that it has fulfilled its bargaining obligation before implementation . . 8 at 2. WE WILL NOT, in any like or related manner, interfere with, restrain, or coerce bargaining unit employees in the exercise of the rights assured them by the Statute. Were not withholding any information. Tr. Tr. Tr. According to Durkin, Abruzzo stated that the project was up to $20 million over budget and that the more delay there is, the more this will cost. Tr. 220. Some of the drawings were dated April 9 (GC Ex. . . We dont intend to waste our time, and that of a mediator, to engage in a useless undertaking.. Upon receipt of such forms, they shall be signed by the General Counsel and the Chairman of the National Labor Relations Board, and shall be posted and maintained for sixty (60) consecutive days thereafter, in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted, nationwide. First would come drawings (referred to by witnesses and in documents as preliminary drawings, design drawings, or just drawings) that were, essentially, floor plans, showing things like the location of walls and doors, and the size and location of offices and cubicles. Jones added that the DID process should have started approximately three weeks ago. GC Ex. Organized labor is a strategy where workers join together in unions in order to negotiate for better wages and working conditions. With regard to a remedy, the GC asks that I order retroactive bargaining. The next day, May 7, most of the Union team participated in a videoconference with NLRB General Counsel Griffin and Rachel Lennie, which focused primarily on the Unions pending information requests and its need to have this information in order to bargain properly. FEDERAL LABOR RELATIONS AUTHORITY OALJ 16-16 Office of Administrative Law Judges WASHINGTON, D.C. 20424. Tr. and . Additionally, the bargaining with the Union over furniture lasted for only one day, November 24, and it ended without an agreement or evidence of an impasse. GC Ex. 1(d). In a similar context, the judge in, The Respondent argues that negotiations were deadlocked because the Unions proposals focused almost entirely on the maintenance of the size of current office space and configuration[,] the Agency rejected the Unions proposals on these issues, and neither side altered its position. And so we went through . # 65880 | 2,202 words | 5 sources | MLA | 2006 |. the design drawings were not adequate . NLRB, the National Labor Relations Board, is an independent federal agency vested with the ability to safeguard employees' rights to organize and to determine whether to have unions as their bargaining representative. 233-34. to meet at reasonable times and to consult and bargain in a good-faith effort to reach agreement with respect to the conditions of employment . Therefore, it could hardly be said on April 24 that further negotiations would be fruitless; on the contrary, further negotiations were inevitable. The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). full proposals. Meanwhile, Nixon and Luther pressed Jones about their need to obtain the drawings and review them in advance of negotiations, and about the Agencys failure to respond to the Unions proposed ground rules. On March 10, Durkin noted that the construction schedule called for final DIDs to be submitted by March 13, and for Agency review and approval to be completed by March 27, yet the Agency had not even begun ground rules negotiations with the Union; she asked how the Agency intended to provide a reasonable amount of time for bargaining with the Union, in light of these facts. 470. . Tr. The fact that the parties disagreed. Who We Are.. (All communication between the parties was by email, unless otherwise noted.) Jones replied, Not on April 10th. . And hiring an attorney who dabbles can lead to bad outcomes. . According to Durkin, Jones said no, were not going to continue bargaining. Those it cannot help to protect include public-sector employees, agricultural and domestic workers, independent contractors, workers employed by a parent or spouse, employees of air and rail carriers covered by the Railway Labor Act, and, in some cases, supervisors. But this interpretation requires an emphasis on selective phrases in the agreement, at the expense of its context. Jt. D.C. 165, 126 L.R.R.M. At the same time, negotiations were also underway with the Union, Agency and FLRA to settle the Unions ULP charge. Fine, were obligated to bargain. The Union offered to submit a counterproposal on the remaining issues by April 30, and it requested that bargaining continue, using all technological means at the parties disposal, including telephone and videoconferences, in addition to face-to-face meetings. About 450people work at its headquarters office in Washington, D.C. Tr. The Respondent argues that its actions were justified, given the fact that it was under pressure to give the architects comments on the preliminary drawings by May 9. The judge and the Authority rejected this theory and held that while it might be desirable from the Unions viewpoint to be a participant in the, decision-making process at an earlier stage, it is difficult to envision an obligation on SSAs part . . Tr. Workers who believe their rights have been violated, or who have witnessed an employer or union engaging in unlawful conduct, can contact one of these offices and file a charge. [2], The Authority adjudicates disputes arising under the Civil Service Reform Act, deciding cases concerning the negotiability of collective bargaining agreement proposals, appeals concerning unfair labor practices and representation petitions, and exceptions to grievance arbitration awards. Featherbedding describes an unlawful practice of forcing employers to increase labor costs, such as hiring unnecessary workers. Since the Union had been actively pursuing mediation, the Union team understood this to mean that the Agency was refusing to engage in mediation. 10. If there came a point where we could starting initialing off on things, then we would have done that, but we were too early on. He said that when the management team caucused after lunch on the 24th, we were only able to begin discussion of the Unions 40+ proposals . In answering that question, it is important to evaluate whether the parties have thoroughly discussed the disputed issues and all ways of reaching a compromise on those issues. Employees can file a charge against and employer and labor union at one of its 26 regional offices and the NLRB will investigate. the background and history of the move, and talked about it being a very tight timeline, tight monetary restrictions. Tr. The two had similar exchanges on March 10 and 24. Declaring an impasse is significant, because it communicates to the opposing side that the time for invoking impasse procedures has arrived. Similarly, neither side used the term impasse or described proposals as a last best offer. Although invoking the word impasse does not magically produce one, it is common for negotiators to advise their counterparts when they believe progress has been deadlocked. 126. at 7. Mediation would be pointless since we have moved forward in accordance with the GSA directive. By the time negotiations began with the Union on April 23, it was apparently too late for such changes: the Union was told it could only tweak the floor plans. 32, 264. . . 386-87; Jt. 39. . , retain . 8. The Agency found significant problems with the architects early floor plans, which left the Agency with inadequate space to accommodate all of our requirements and forced the Agency to go back to GSA and obtain authorization to rent an additional 8,000 square feet of space at Half Street. . Employment laws are essentially all employment-related laws that are not labor laws. On March 14, Durkin proposed two consecutive days of face-to-face bargaining, to occur on April 16 and 17. . . The FLRA's New and Improved eFiling System provides the federal-sector labor-management community with a convenient, user-friendlyway to electronically submit case filings. Jones responded to Durkins request on February 10, providing a timeline for the move and floor plans of the Franklin Court building. Which Jobs and Sectors Are Not Protected by the National Labor Relations Board (NLRB)? 98-99. Frequently, the two are used interchangeably and, in most day-to-day usage, the interchange of the two words is accepted and appropriate. A conference call discussing furniture issues was conducted on that date, although the Union told Jones it did not consider the discussion to satisfy the Agencys statutory duty to bargain. The Union declined to stay beyond 6:30 p.m., and the Agency declared that negotiations were terminated. As for whether the parties reached agreement, Woodcock testified that the parties didnt come close to or even come to any kind of agreement or deal (Tr. In this regard, the GC asserts that there was no clear and unmistakable waiver of the Unions right to bargain to agreement or impasse. The Union team also asked about furniture. The Court distinguished between indirect attacks on the substantive validity of regulations initiated over sixty days after their promulgation from attacks on their procedural lineage. 413. 100-01, 230-31. If mediation assistance takes place, but no agreement is reached, either party may thereafter request assistance from the Federal Service Impasses Panel. But, he continued, there is not going to be ongoing bargaining. . After the Union team spent most of April 23 touring the Franklin Court building, Jones expressed his impatience with the lack of actual bargaining and emphasized that negotiations would conclude at the end of the day on April 24. Its mission, in short, is to allow private-sector employees working for companies that do business across state lines to join forces and engage in activities such as protests or strikes with or without a union. Where they mainly differ is in the portion of the workforce they serve. 278. . Tr. 1959 Landrum-Griffin Act., National Labor Relations Board. 14 at 3. Labor law governs union and management relationships and employee collective bargaining rights. On the other hand, if the Agency had not yet implemented its plans concerning furniture for the new headquarters in late November, the question arises whether its offer to bargain on this issue on November 24 satisfied its duty to bargain. . Tr. GC Ex. About 450 people work at its headquarters office in Washington, D.C. Tr. It then listed five Union counterproposals (which are set forth in the appendix). (b) Unilaterally changing working conditions of bargaining unit employees represented by the Union concerning the relocation of Agency headquarters without notifying the Union and affording it the opportunity to negotiate to the extent required by the Statute. David M. Prouty. In the afternoon, bargaining teams from the two unions (along with several interested NLRB managers) attended a series of briefings. . First, the Agency had already made the decision, with GSA, to utilize GSAs FIT program, which significantly narrowed the remaining options for furniture. 42 at 1. It makes no sense for the Agency to use the ground rules to declare that bargaining was over, when those very ground rules enabled either party to initiate mediation. OurRegional Offices investigate unfairlaborpractice charges, conduct union elections, provide training, and more. On April 16, the Union submitted a second information request, asking for documents showing the specific spaces and offices assigned to bargaining unit employees and to the Union in the new building; the rooms and spaces assigned for common purposes and as other than personal workspace; and the locations and dimensions of these spaces. 105, 233. The parties will conduct two bargaining sessions at the Agencys current headquarters on the following dates: April 23, 2014 from 9:00 a.m. to 5:00 p.m. April 24, 2014 from 9:00 a.m. to 5:00 p.m. 7. Tr. 33, 35. . 3290 (D.C. Cir. There has been no senate-confirmed General Counsel since Julia Akins Clark left the post in January 2017, and no Acting General Counsel between November 2017 and March 24, 2021, when President Joe Biden named Charlotte A. Dye to be Acting General Counsel. National Labor Relations Act., National Labor Relations Board. Case digests provide a brief synopsis of the most pertinent principles in merits decisions issued by the Authority. The Authority viewed the applicable "law" to be the "management rights" provision under section 7106 of the FSLMRS. The FLRA is the federal public sector counterpart to the National Labor Relations Board (NLRB), which governs labor relations between private sector employees and employers. 18, 19. When the parties began face-to-face negotiations on April 23, they had signed off on the ground rules less than a week earlier. We were quite exhausted. A hearing was held in this matter on March 25-27, 2015, in Washington, D.C. All parties were represented and afforded an opportunity to be heard, to introduce evidence, and to examine witnesses. Employers and employees seeking help with labor or employment matters would be well-served to ensure they hire an attorney that specialize in the area of law for which they need the help. This rapprochement should have. 2. The GC and the Charging Party argue for a retroactive bargaining order, while the Respondent argues that a retroactive order would be inappropriate. at 30. Ex. 134. The Federal Labor Relations Authority (FLRA) is an independent agency of the United States government that governs labor relations between the federal government and its employees. An overview of the similarities and the differences of the Federal Labor Relations Authority and the National Labor Relations Board. part 2423. View the legislative history of the Federal Service Labor-ManagementRelations Statute, the Civil Service Reform Act, andthe Foreign Service Act. The FLRA was adopted after President Jimmy Carter sought legislation to bring comprehensive reform to civil service system and regularize federal labor relations. . This is especially true for proposals calling for future bargaining over specific issues, such as furniture (Proposal 36), boxes for moving personal items (Proposal37), and commuting grace periods (Proposal 37). 43-44, 323, 404; GC Ex. On May 9, Lennie gave the Union a list of the location and size of each employees workspace at Franklin Court. Also, Jones acknowledged that [t]here wasnt a deadline on furniture for May 9th. Tr. The Agency isnt even prepared to make decisions on these aspects[] of the relocation. 148-49, 168. was to see where there was common ground, to see what we could agree on. The next day, Woodcock informed Jones that the Union would be willing to meet with him to discuss furniture, but that the meeting would not constitute bargaining or a satisfaction of the Agencys bargaining obligation, in light of ongoing efforts to settle the underlying ULP charge previously filed by the Union. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from Further, almost half of the Unions original proposals (the same sixteen that I enumerated above) were not tied to the May 9 deadline. Another union, the National Labor Relations Board Professional Association (the Professional Association), represents about 120 employees at headquarters. some of the areas [of] discussions that we had with the Union, such as the Unions suggestion to have a second nursing room. Daniel Liberto is a journalist with over 10 years of experience working with publications such as the Financial Times, The Independent, and Investors Chronicle. willing to continue bargaining regarding the headquarters relocation by various means, including but not limited to face-to-face bargaining, telephonic bargaining, email and video conferencing. 236. And, without strong enforcement of labor laws, unions cannot effectively function. these things. . We certainly would have done that. In determining the meaning of an agreement, it is appropriate to consider whether (asthe Agency insists here) the agreement constitutes a waiver of a statutory right to bargain. With the game in disarray, the NLRB persuaded then-District Court Judge Sonya Sotomayor to issue an injunction that required team owners to reinstate the provisions of the old collective bargaining agreement. The Union is a labor organization within the meaning of 7103(a)(4) of the Statute and is the exclusive representative of two bargaining units of the Respondents employees. The FLRA is charged with safeguarding. Durkin and Luther complied. Other labor laws of note are the Railway Labor Act (RLA), the Federal Labor Relations Act (FLRA), as well as state labor laws that govern bargaining rights of state employees. . The FLRAs one-stop shop for all things training with upcoming in-person events near you, YouTube videos, agency training contacts and more. However, Lennie indicated that the Agency would look into seeing whether they could find additional space for more stalls. GSA signed a lease on behalf of the Agency, on January 29, 2014. for the Agencys new headquarters space, located in a newly constructed building at 1015 Half Street, S.E., Washington, D.C. (Half Street). Over the weekend of December 13 and 14, the Agency needed to vacate a portion of its office space at Franklin Court to enable the new tenants to move in; this required employees in the vacated space to move into the remaining Agency space at Franklin Court. . 45. Published on May 23, 2006 in Law ( Labor ) , Business ( General ) Tweet. GC Ex. Bargaining on Thursday, April 24, began with Jones and other members of the Agency team giving their initial reactions to most of the Unions forty-one proposals. Third, the Agency failed to respond in writing to all of the Unions proposals, including the Unions proposal on furniture (Proposal 36). 2423.32. 30 at 3. 25. Second, the Agency effectively gave the Union a matter of hours 3:52 to 6:33 p.m., or perhaps a bit longer, if the Union had agreed to continue bargaining into the evening to analyze the Agencys twenty-one counterproposals and provide written responses to them. 1974 Health Care Amendments., National Labor Relations Board. for commenting on the design drawings for Half Street. 129. How does my legal medical marijuana drug test affect my pre-employment and Dos and Donts of Writing a Warning Letter to an Employee, Salaried-Exempt Employees and Paid Vacation Leave. Meanwhile, the relocation project moved forward. The teams made it through about thirty of the Unions proposals before breaking for lunch. Tr. This individual is appointed by the president for a four-year term and functions independently from the board. FLRA vs. NLRB. Union Counterproposal 1, pertaining to an office for the Washington Local. 162, 250, 285-86, 349-52, 474, 477; GC Ex. the judges discussion of the agencys duty to allow a reasonable time for the bargaining process to occur. 122. . 137; GC Ex. It was further agreed that all employees will be working in a space about 40% smaller than the offices they have occupied for the past twenty-one years. The purpose of the NLRA was to codify the federal policy favoring industrial relations stability and employee free choice. What is the Purpose of the National Labor Relations Board (NLRB)? 23 at 11-12, 15-16, 27-32), and some were dated April 11 (. been deprived of monetary benefits as a result of an agencys unilateral action, In other cases, however, the Authority has found that a prospective bargaining order is better suited to the facts of the case. FLRA, 39 F.3d 361 (CADC 1994); Defense . After lunch, the Union team met with Graham to ask her questions about the design plans. While the NLRA governs labor relations for most private sector employers, it specifically excludes employers covered under the Railway Labor Act ("RLA") the earlier federal statute enacted to avoid interruptions to interstate commerce and transportation via rail or air. 366. Tr. While private-sector employees are entitled to collectively bargain . 126-28. About NLRB., National Labor Relations Board. 141; GC Ex. The Respondent contends that if a violation is found, retroactive relief, including a retroactive bargaining order, would be inappropriate. Tr. immediately as to whether there was a fixed deadline for the end of bargaining suggests strongly to me that there was never a meeting of the minds on that provision. Tr. The FLRA is charged with safeguarding the rights of certain non-postal federal employees, while the NLRB protects the rights of most private-sector employees. 43 at 9, 23, 29, 36, 49), and others dated April 2 (. Tr. On May 19, 2014, the National Labor Relations Board Union (the Union or NLRBU) filed a ULP charge against the National Labor Relations Board (the Agency, NLRB or Respondent). In other words, the Agency left the Union (actually two unions) in the dark and delayed bargaining with them until the eleventh hour, and then claimed that its hands were tied by GSA, so that negotiations had to be concluded in an unreasonably short period of time. at 12. Once the Agency and the Union began negotiating in this case, it is clear that they did not reach agreement. A ULP is conduct by agencies or unions that violates rights that the Statute protects or the rules that it establishes. Thus the April 23 and 24 bargaining sessions scheduled in paragraph 2 were clearly not the only negotiations that the parties anticipated. 115. GC Ex. . The NLRA, otherwise known as the Wagner Act, is one of the most groundbreaking labor laws ever enacted in the United States. GC Ex. Finally, the GC requests a nationwide posting. NLRB Deputy General Counsel Jennifer Abruzzo and Chief Financial Officer Ron Crupi then informed the union officials about financial aspects of the move. Asked to explain why the Union team did not stay, Durkin stated: [W]e couldnt continue that evening. During this period, Agency officials were negotiating with the architects how much space each division of the Agency needed, how large the offices and cubicles could be, and other meaningful design issues. . 29. LEXIS 15827, 266 U.S. App. Jt. The Union team had not seen the entire Franklin Court facility the previous day, so the parties agreed to spend the morning continuing Tuesdays walk-through. Donna Nixon was scheduled to be on a flight that night. 318. We said we gave them notice of the change and conditions of employment. 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