33, 35. After investigating the charge, the Regional Director of the FLRAs Chicago Region issued a Complaint and Notice of Hearing on January 12, 2015, on behalf of the FLRAs General Counsel (GC), alleging that, On May 15, 2014, the R. espondent . and we explicitly request continued bargaining. On Monday, April 21, the Union submitted forty-one bargaining proposals. The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). The architects finalized design intent drawings in August. these things. Accordingly, the Union will submit a proposal and/or counterproposal to the Agencys 4/24/14 counterproposal on April 30, 2014. Tr. As the judge noted in, There are a number of signs indicating that the parties were still in the early stages of bargaining when the Agency walked away from the table. 12 at 1. The NLRB has no independent statutory power to enforce its decisions and orders, but it may seek enforcement through a U.S. court of appeals. The Union is most certainly willing to continue negotiations by any reasonable means . The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions. He said there is not going to be ongoing bargaining. Substantive bargaining did not begin until the second day, at which time the parties discussed most of the forty-one proposals submitted by the Union. This dispute can be traced back to September 2010, when the Agency started considering what it would do in June 2013, when its lease at Franklin Court was set to expire. For all of the above reasons, the Agency failed to bargain in good faith and violated 7116(a)(1) and (5) of the Statute. None. informed the Union that the Respondent had fulfilled its obligation to bargain over the effects of the Headquarters Office Move, and that [s]ince on or about May15, 2014, the Respondent has failed and refused to negotiate with the Union over the Headquarters Office Move to the extent required by the Statute, in violation of 7116(a)(1) and (5) of the Statute. It did so by negotiating ground rules for bargaining over the relocation, and then by negotiating with the Union for the time allotted to negotiations in those ground rules. GC Ex. When the parties began face-to-face negotiations on April 23, they had signed off on the ground rules less than a week earlier. 115-16. The Unions two other counterproposals were very similar to Agency proposals, indicating that further discussions could have led to an agreement. . 32 at 1. $19.95 Buy and instantly download this paper now. The Board has five Members and primarily acts as a quasi-judicial body in deciding cases on the basis of formal records in administrative proceedings. . And so we went through . But I find the determination of the Authority in the, situation strikingly similar to ours, to be instructive and persuasive. 409; On April 7, an architect from WDG emailed Crayton and Graham the latest drawings, for their review and comment. It also provides that there may be additional dates for face-to-face bargaining, but this requires the mutual agreement of the parties. The GC and the Charging Party argue for a retroactive bargaining order, while the Respondent argues that a retroactive order would be inappropriate. . At the same time, negotiations were also underway with the Union, Agency and FLRA to settle the Unions ULP charge. 382-83. 5. The Federal Labor Relations Authority (FLRA) has a similar mandate to the NLRB. You can find all of ourresources in one convenient spot, including guides, FAQs, forms, and more. 431. The Authority has defined impasse as that point in negotiations at which the parties are unable to reach agreement.. Similarly, it is apparent that the parties were a few short conversations away from reaching agreement on the issue of an additional nursing room; Jones himself admitted that the parties were still in the early stages of bargaining when the Agency left the table. When the National Labor Relations Board announced that it would be moving its headquarters to a new building in a different part of the District of Columbia, the National Labor Relations Board Union asked to bargain over the relocation, and the parties ultimately signed a ground rules agreement providing for two days of bargaining. 109. The FLRA was adopted after President Jimmy Carter sought legislation to bring comprehensive reform to civil service system and regularize federal labor relations. . The document began, The Union has not had sufficient time to create a complete counterproposal to the Agencys counterproposal of 4/24/14. . We had stated directly in our proposals for a tentative agreement that we were willing to bargain by any. ssues. Durkin suggested that the Agency install an additional nursing room on the third floor, and asked whether workstations could be moved next to a window. This conclusion was verified by an exchange of emails on May 15 and 16. . The NLRB My Account Portal is an NLRB website that allows individuals to view cases and inquiries to which they are a party, e-file documents in those cases/inquiries, view their e-file history and manage their user profile. . The National Labor Relations Act (NLRA) was passed in 1935 and later amended by the Labor Management Relations Act (LMRA), also known as the Taft-Hartley Act, in 1947. Cookies collect information about your preferences and your devices and are used to make the site work as you expect it to, to understand how you interact with the site, and to show advertisements that are targeted to your interests. 237-38. Graham and Lennie responded that the Agency was requesting those changes. Nonetheless, when the Union requested mediation, the Agency refused to participate. Nixon sent Jones a Union counterproposal, Jones rejected it, and the Union then accepted the Agencys latest draft, which was signed that same day. Once the Agency and the Union began negotiating in this case, it is clear that they did not reach agreement. . Luther also stated that the Union would be contacting the FMCS for assistance. An agencys regulations may be attacked in two ways after the statute of limitations has expired. The Agency offers two primary justifications for its actions: itargues that the Union waived its right to further bargaining when it agreed to the ground rules, and it further insists that when the second day of bargaining ended, the parties had reached impasse. However, in an attempt to reach an agreement or at least narrow the issues, the Agency offered to continue bargaining into the night. At the time of the hearing, the relocation of the NLRB headquarters was scheduled to take place by June 2015. . Tr. "University of Southern California. In the proposed ground rules, the Union called for an initial bargaining session. . Unfortunately, we were not able to reach agreement. GC Ex. Watch free online FLRA trainings on our Youtube channel and dont forget to subscribe to receive updates on new videos. Luther also provided Jones with proposed ground rules for the negotiations. there has to be an end point. 47 at 1. 182-86; GC Ex. (c) In addition to physical posting of paper notices, the Notice shall be distributed electronically, such as by email, posting on an intranet or internet site, or other electronic means, if the Agency customarily communicates with employees by such means. The Union team consisted of Julia Durkin, an attorney at the Agencys Denver Regional Office, who served as a local president and had bargained over an office move in Denver (Tr. The General Counsel claims that the Agency was required to bargain until either an agreement or impasse was reached, citing. If mediation assistance takes place, but no agreement is reached, either party may thereafter request assistance from the Federal Service Impasses Panel. My reaction to this was that we rejected this because it wasnt a comprehensive proposal. The Federal Service Labor-Management Relations Statute (the Statute) protects federal employees' rights to organize, bargain collectively, and participate in labor organizations of their choosing - and to refrain from doing so. 274-75. Ex. 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. However, other actions by the Agency on and before April 25 contributed to the failure and ultimate breakdown of negotiations. What is the difference between NLRB and FLRA? 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. 116. They requested bargaining. Jones and Graham advised the Union team that they could only make minor changes or tweaks to the floor plans, which had first been shown to the Union only nine days earlier. Between April 29 and May 12, Union officials attempted to initiate mediation of the dispute with the FMCS. GC Ex. 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. at 7. 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 . GC Ex. Based on the entire record, including my observation of the witnesses and their demeanor, I make the following findings of fact, conclusions of law, and recommendations. During its negotiations with the Union in April, Agency negotiators told the Union team that all issues relating to the relocation had to be negotiated and finalized before the May 9 deadline given to them by GSA. This is part of an ongoing debate about whether student athletes are in fact employees of universities and should be protected as such. These activities are governed by a handful of federal and state laws, the most prominent being the National Labor Relations Act (NLRA). The Agency refused to continue bargaining not because the parties had reached impasse, but because the agency believed it had satisfied its duty to bargain, a position I have already rejected. About 450people work at its headquarters office in Washington, D.C. Tr. Jones, by contrast, testified that the parties reached impasse on April 24, [w]hen the Union got up and walked out. Tr. at 30. For example, where attorneys that practice mainly employment law can spend a significant portion of their time dealing with the court system, labor law attorneys may only sparingly deal with the court system because most of their time is spent with government agencies. And we expressed those things in our response back to him as to why we werent going to stay longer that night with [no] reasonable expectation of concluding all bargaining. Labor Union: Definition, History, and Examples. The agency is separate from the National Labor Relations Board, which governs private-sector labor relations. . 32-33. Therefore, the Agency violated its duty to bargain and deprived the Union of a proper opportunity to negotiate the impact and implementation of the move to a new headquarters. In light of the fact that the bargaining offers were made in the midst of trilateral settlement negotiations, and that the Respondent was unwilling to settle the underlying ULP complaint against it, the offers were inadequate, using the NLRBs own case precedent as a benchmark. First, the Agency had already made the decision, with GSA, to utilize GSAs FIT program, which significantly narrowed the remaining options for furniture. The Authority has held on a number of occasions that after an agency has unilaterally implemented changes in conditions of employment, subsequent offers to bargain over the changes do not cure the statutory violation, and post-implementation actions are irrelevant. 10. Br. 413. At this time FLRA remains fully operational. We cant continue meeting on these things. On Friday afternoon, November 21, Jones informed the Union that that the Agency was finalizing its furniture order for Half Street. By contrast, Jones testified that it was never contemplated that we would do this any other way than face-to-face. Tr. Tr. 2; Tr. . 199. 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. Accordingly, the parties should negotiate fully and in good faith on all issues relating to the impact and implementation of the move to Half Street. The Agencys chief negotiator asserted frequently during the bargaining sessions, and again at the hearing, that because the ground rules agreement specified that bargaining would occur on April 23 and 24, the Agency was entitled to stop bargaining after April 24, without regard to whether the parties had bargained to agreement or impasse, and without regard to whether further changes in conditions of employment occurred after April 25. . The President can designate the Chairman with no separate Senate confirmation required. Are You Covered?, Federal Labor Relations Authority. He indicated that at that point in the process, major changes, such as adding movable walls or more bathroom stalls, would be difficult, if not impossible. 468-71; Upon receiving the Agencys counterproposals, the Union team caucused to prepare its own response. [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. Immediately upon returning from lunch at 1:10 p.m., the Agency team requested a caucus, so that it could prepare counterproposals. LEXIS 15827, 266 U.S. App. Jt. These laws include federal and state wage and hour laws, discrimination laws, and leave laws. In the weeks and months that followed, the Agency unilaterally made decisions about the design and layout of the new headquarters, including issues such as office furniture and other matters that had been discussed (but not resolved) during bargaining. We also reference original research from other reputable publishers where appropriate. The agencys board is also not permitted to act on its own motion and can only pursue cases that have been initiated by employees, employers, or unions. Now that the relocation has been completed, and all employees are working at the Half Street building, it is not at all clear how many of the decisions unilaterally imposed by the Agency can be undone through retroactivity. at 1, 5; The Respondent contends that it fulfilled its bargaining obligation under the Statute. As for whether the parties discussed the issue of furniture, Jones stated, When we walked through the initial proposals of the Union . Accordingly, I recommend that the Authority adopt the following Order: Pursuant to 2423.41(c) of the Rules and Regulations of the Authority and 7118 of the Federal Service Labor-Management Relations Statute (theStatute), the National Labor Relations Board (the Agency) shall: (a) Terminating bargaining over the relocation of its headquarters office prior to reaching an agreement or prior to reaching an impasse with the National Labor Relations Board Union (the Union). The Union asserted that its tentative agreement to the counterproposals does not limit or waive the Unions right to submit proposals and/or counterproposals, and to engage in bargaining regarding headquarters relocation. and it didnt fit. Tr. part 2423. Well meet today and tomorrow [April 23-24], and thats it. Tr. Tr. Brief Fact Summary. 107. With regard to Proposal 1, which required the Agency to keep the Union informed about the relocation, Jones said it has always been our intention to keep the Union informed. In other words, the paragraph simply specified the dates on which bargaining would be conducted. Finally, it should be emphasized, as the Authority did in. 9; Resp. As an attorney, I am often asked what the difference is between employment law and labor law. The Railway Labor Act (RLA) is a federal law that was passed in 1926 to govern labor relations in the railroad industry, and amended in 1936 to include the airline industry. Jones did not articulate his understanding of paragraph 2 to the Union team until substantive negotiations had begun on April 23, and the Union immediately disputed his understanding. , Tr. 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). The committee was led by Troy Crayton, the Agencys Facilities Chief, and it included representatives from each division of the Agency, as well as representatives from the Professional Association and the Union. Tr. Asked to describe this portion of bargaining, Luther testified that there were a number of proposals during the course of the day where the Agencys response was, well, we dont know; we dont know about the furniture [Proposal 36]; we dont know about film on the glass [Proposal 14]; we dont know about coat hooks [Proposal 28]; we dont know about these things yet, which would indicate at some point, there would need to be further discussion about them . Fourth, the parties were close to agreement on a number of issues. President Trumps appointment of anti-union management lawyers to serve as board members and as the NLRBs general counsel are working to reverse favorable advances made under the Obama-era labor board and members of the FLRA are becoming increasingly aggressive in efforts to undermine the bargaining rights of federal workers; and, The current NLRB wants to change or undo the representation case rules that were implemented in 2014 to expedite the NLRB election process. Tr. The agreement provided, in pertinent part: 2. The Authority viewed the applicable "law" to be the "management rights" provision under section 7106 of the FSLMRS. to negotiate before a firm decision had been made to relocate.. The key question is whether additional bargaining (in which the good faith of both parties is presumed) might produce an agreement. On April 3, Jones told the Union, with regard to a walk-through of Franklin Court, that people will be working and cannot be disturbed, so you should not plan on measuring/inspecting individual employee workspace or conversing with employees during duty time. GC Ex. The teams made it through about thirty of the Unions proposals before breaking for lunch. . . . Tr. The Taft-Hartley Act is a 1947 federal law that limits the activities and power of labor unions. Jt. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from 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). [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. The purpose of the NLRA was to codify the federal policy favoring industrial relations stability and employee free choice. About 450 people work at its headquarters office in Washington, D.C. Tr. . The next day, Luther informed Jones, In light of your rejection of our . The April 23 session ended at that point; the parties left it that we disagree[] as to whether bargaining would continue beyond the next day. , retain . Protecting rights and facilitating stable relationships among federal agencies, labor organizations, and employees while advancing an effective and efficient government through the administration of the Federal Service Labor-Management Relations Statute. 22 at 3-5. What is the difference between NLRB and FLRA? . . . A labor union is an organization that represents the collective interests of workers in negotiations with employers. 2423.32. Monday, January 13, 2020. 264). Who We Are.. The Board is supported by a General Counsel, who is also nominated by the President of the United States, with the advice and consent of the Senate, for a term of five years. Tr. The Authority has held that a retroactive bargaining order is appropriate where a respondents unlawful conduct has deprived the exclusive representative of an opportunity to bargain in a timely manner over negotiable conditions of employment affecting bargaining unit employees. . The NLRB, not GSA, instigated the May 9 deadline for submitting comments on the floor plans, and the Agency had many months thereafter in which it continued to make significant decisions regarding the relocation, despite having already terminated bargaining with the Union. GC Ex. Theres a lot of technology out there that you can use for that sort of thing. Tr. 121. Tr. GCExs. Br. In the afternoon, bargaining teams from the two unions (along with several interested NLRB managers) attended a series of briefings. The premise of this argument is false: many of the Unions original proposals including Proposals 14 (frosted windows), 15 (locks on office doors), 20 (height of cubicles), 24 (task lighting) 25 (ergonomic task chairs), 26 (desks), 27(storage), 28 (coat hooks), 29 (phones), 30 (printers), 31 (restrooms), 32 (lactation rooms), 33 (storage for printers), 35 (color and style of flooring, carpeting, and walls), 36 (furniture), and 37 (moving arrangements) had little or nothing to do with the size or configuration of offices. GC Ex. The Agencys counterproposals, presented to the Union late on April 24, addressed some of these non-size-related issues, and the Unions response two hours later laid out compromises on five of them and promised to submit others within a week. 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. GC Ex. Accordingly, the relocation process and its accompanying deadlines did not excuse the Respondents refusal to continue bargaining between April 25 and May 9 or thereafter. According to Durkin, Jones said no, were not going to continue bargaining. Meanwhile, the Agency continued to make decisions with the architects concerning design aspects of the new offices, and while the Union participated in some discussions about these issues as members of the Agencys Space Advisory Committee, those discussions did not constitute bargaining within the meaning of the Statute. They had just a few of the drawings. Tr. Specifically, the architects determined that the authorized space was insufficient to accommodate the Agencys functional requirements, and the parties needed to get approval from GSA for about 8000 more square feet of space. When workers are stripped of union protections, wages stagnate or decline, and inequities grow. Resp. Frequently, the two are used interchangeably and, in most day-to-day usage, the interchange of the two words is accepted and appropriate. Tr. 29, 30. Find a listing of FLRA contacts that you can call for more information. 4 at 9. 6. No. On February25, Jones provided Durkin some additional information about Half Street, but still did not provide any drawings. 74-75; GC Ex. The NLRB Union challenged regulations that were promulgated by the Federal Labor Relations Authority on January 17, 1980, nearly seven years prior to the appeal. GC Ex. The Agency would have offices on the third through sixth floors. The Charging Party argues that the Respondent violated the Statute and that the Respondent should be ordered to return to the bargaining table participate in mediation conducted by the FMCS, if requested by the Union, and participate in proceedings before the Federal Service Impasses Panel, if agreement is not reached during renewed negotiations. Jt. 431. Jones also acknowledged on the morning of April 25 that there was more bargaining for the parties to do, when he faulted the Union for ending talks at 6:30 p.m. Atvarious times during the Franklin Court walk-through, Durkin and Luther attempted to measure employee workspaces, and Durkin attempted to ask at least one employee about his workspace. GC Ex. On February 27, Durkin asked Jones about the drawings, and Jones said the Agency did not have any. . A right-to-work law gives workers the freedom to choose whether or not to join a union in their workplaces. marked the opening to broader compromises, but the Agency chose instead to close the book on bargaining. Its work often makes the news and has helped to shape American labor practices. , 50 FLRA 701, 704 (1995), it is clear that the relocation of NLRB headquarters from Franklin Court to Half Street would significantly change the conditions of employment for all employees. . Based on the above precedent, I find that the planned relocation to a new building involved a change in conditions of employment. We dont intend to waste our time, and that of a mediator, to engage in a useless undertaking.. some of the areas [of] discussions that we had with the Union, such as the Unions suggestion to have a second nursing room. The ground rules agreement also provided, among other things, that on April 22 there would be a tour of Half Street, a full visual inspection of employee work areas at Franklin Court, and then a briefing from GSA and the architects; the Union would submit its bargaining proposals by noon on April 21, and the Agency would submit counterproposals within three days thereafter; and caucus time could be taken, but no party would caucus for more than one hour, absent mutual agreement. 465. . . Find a listing of all of the FLRA's current job openings. Also, according to Durkin, Lennie told attendees that they had been working with the architects for months to try to fit everything in, and that they had received design drawings a month prior and . . Larry Sutton, the GSA representative on the project, spoke next. . Jones added that bargaining other than face-to-face bargaining would present a number of practical difficulties, saying, We couldnt possibly try to negotiate a subject as complicated as the complete relocation of the Agencys headquarters by email or telephone. 30. Bowen v. Michigan Academy of Family Physicians, Association of Data Processing Service Organizations, Inc. v. Camp, Clarke v. Securities Industry Association, FTC v. Standard Oil Company of California, Ohio Forestry Association, Inc. v. Sierra Club, NLRB Union v. Federal Labor Relations Authority, NLRB Union v. Federal Labor Relations Authority, 834 F.2d 191, 266 U.S. App. The duty to negotiate in good faith includes the obligation to approach the negotiations with a sincere resolve to reach a collective bargaining agreement and to meet at reasonable times and convenient places. GC Ex. Also on April 14, an architect at WDG provided Jones with updated drawings for Half Street. 278. We were quite exhausted. 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