.. . 221. 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 . . . It certainly does not change the fact that the Respondent had already violated its statutory duty to bargain. The agreement provided, in pertinent part: 2. Tr. Ex. . Find a listing of FLRA contacts that you can call for more information. Find historical decisions ofthe Assistant Secretary of Labor for Labor-Management Relations and the Federal Labor Relations Council, as well as Foreign Service Labor Relations Board decisions. 126-28. In its opening statement at the hearing, Respondents counsel similarly asserted that it had no further bargaining obligations regarding the relocation after it bargained on April 23 and 24. Asked why the Agency rejected the Unions counterproposals, when those counterproposals largely accepted Agency positions, Jones stated: We werent going to start bargaining piecemeal, at least not at that point. 121. Graham testified that the Agencys comments to GSA incorporated . 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. Around this time, an architecture firm, WDG, was selected to design the interior space at Half Street. 43 at 9, 23, 29, 36, 49), and others dated April 2 (. 4 at 9. 2023 American Federation of State, County and Municipal Employees, AFLCIO, 43rd International Convention - Boston, MA (2018). Paid for by the American Federation of State, County & Municipal Employees, AFL-CIO, 1625 L St., NW, Washington, DC, 20036. 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. 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. . 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. measurements of those offices. 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. Tr. , Tr. Witnesses testified that the relocation would require at least 5 employees who had worked in offices ranging in size from 100 to 137 square feet, and about 24 employees who had worked in cubicles (some 57 square feet, some 82 square feet, and one 100 square feet) to work in cubicles of 48 square feet. Graham, who attended the meeting and who worked closely with the GSA contract officer, testified that once the comments on the preliminary drawings were submitted, it would have been difficult, if not impossible, for architects to change certain aspects of the design, such as the location of walls or the number or size of workspaces. 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. Labor law governs union and management relationships and employee collective bargaining rights. We certainly would have done that. However, we are willing to tentatively agree to the following parts of the Agencys counterproposal, with the following changes. GC Ex. Tr. This individual is appointed by the president for a four-year term and functions independently from the board. 40. Since the Respondents ULP in this case was its improper termination of bargaining over the impact and implementation of the proposed relocation, it is clear that an appropriate remedy must (among other things) order the Agency to return to the bargaining table and resume negotiations from the point at which they ended on April 24. 33, 35. . On Monday, April 21, the Union submitted forty-one bargaining proposals. The Federal Labor Relations Authority has found that the National Labor Relations Board violated the Federal Service Labor-Management Relations Statute (the Statute), and has ordered us to post and abide by this notice: WE WILL NOT terminate bargaining over the relocation of our headquarters offices in Washington, D.C., prior to reaching an agreement or prior to reaching an impasse with the National Labor Relations Board Union (the Union). The parties discussed the number of stalls needed in the mens and womens restrooms (Union Proposal 31), and the Union team argued the Agencys floor plan was grossly inadequate. In, Once the Agency stopped bargaining on April 25, it began to unilaterally implement all manner of decisions related to the relocation. After lunch, the Union team met with Graham to ask her questions about the design plans. Were moving. GC Ex. The reason that knowing the distinction between employment laws and labor laws is important, especially when hiring an attorney, is because lawyers who claim to be both labor and employment lawyers have a tendency to specialize in one and dabble in the other. In the afternoon, bargaining teams from the two unions (along with several interested NLRB managers) attended a series of briefings. 45. 236. 278-79; GCEx. Our bottom line view at this point is that we have fulfilled our obligation to bargain under the terms of [the] ground rules agreement. This is just one of a series of examples of the kind of power that the NLRB possesses. . GC Ex. Similarly, the Respondent cannot blame GSA for its unlawful bargaining. 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. Finally, the GC submits that the Respondents [h]alf-hearted, delayed (by months) and qualified bargaining offers in November 2014 and January 2015 did not cure its previous refusals to bargain. If the Union had had the opportunity to argue for its proposals in February or March, it might have been able to persuade management, the architects, and GSA that the Agency needed an additional 10,000 or 12,000 square feet, rather than 8,000. 121, 413, 448-49; GC Ex. 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. The Respondent alleges that after meeting with the Union negotiating team on April22 and then bargaining with them on April 23 and 24, the parties had reached impasse, as neither party had budged an inch on its proposals on the size and configuration of space. Resp. The Federal Labor Relations Authority(FLRA) has a similar mandate to the NLRB. Jones responded to Durkins request on February 10, providing a timeline for the move and floor plans of the Franklin Court building. . 450. The key question is whether additional bargaining (in which the good faith of both parties is presumed) might produce an agreement. 29. Former President Barack Obama once claimed that this move saved baseball.. FLRA, 39 F.3d 361 (CADC 1994); Defense . 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 allegation of a procedural infirmity will not be heard outside of the statute of limitations period. On Wednesday, April 23, the Unions bargaining team met with Agency representatives Jones and Graham. Investopedia requires writers to use primary sources to support their work. Meanwhile, it withheld from the Union the ongoing dialogue between Agency officials and the new buildings architects about the proposed plans for the new headquarters. Tr. In the late afternoon, about an hour before bargaining was scheduled to end, the Agencys bargaining team submitted twenty-three counterproposals. At the Agencys headquarters, the Union represents about sixty-two employees. 274-75. Federal Labor Relations Authority", "Patco Decertification Vote Is Switched From 2-1 to 3-0", "Biden Names Acting FLRA General Counsel, Ending Critical Trump Era Vacancy", "Biden picks 2 officials for federal labor office with a case backlog", https://en.wikipedia.org/w/index.php?title=Federal_Labor_Relations_Authority&oldid=1141357105, This page was last edited on 24 February 2023, at 17:23. . 113. 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. The NLRB has two principal functions: protect employees from unfair treatment from employers, unions, or both, and give employees the freedom to choose union representation via secret ballot elections. The Agency isnt even prepared to make decisions on these aspects[] of the relocation. Although Jones insisted in March and April that the Agency had not received preliminary drawings or floor plans for the new offices until April 14, the record demonstrates that the architects had submitted a series of proposed floor plans to the Agency prior to April 14, and that Agency officials had been engaged in detailed discussions with the architect and with GSA about the adequacy (or inadequacy) of the space being allocated to the NLRB. . . With regard to the effect of the relocation on bargaining unit employees, it was undisputed that approximately 450 NLRB employees (including approximately 62 members of the NLRBU bargaining unit) would be required to work in a new building location in a different area of the city. 431. The NLRB refused, and an unfair labor practice proceeding ensued. At the time of the hearing, the relocation of the NLRB headquarters was scheduled to take place by June 2015. . Tr. 472. 12 at 1. 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. Jones replied that same day, conceding that the process has fallen slightly behind schedule.. 3 at 1. The National Labor Relations Board (NLRB) and the Federal Labor Relations Authority (FLRA) no longer deliver on their respective statutory mandates to protect the rights of workers to form, join and support a union and encourage the practice and procedure of collective bargaining; and, Pro-worker decisions were issued under the Obama-era federal labor boards, but we are seeing significant retrenchment under the current NLRB and FLRA. Griffin also referred to competing concerns from the different divisions within the Agency. Tr. 148-49, 168. At the same time, negotiations were also underway with the Union, Agency and FLRA to settle the Unions ULP charge. Because the negotiating table is so steeply slanted toward the Agency (due to its unilateral implementation of so many details of the relocation), a presumption of retroactivity is needed to restore the conditions that existed when negotiations began. 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. 138-39; GC Ex. The National Labor Relations Board will be soliciting public input on the use of videoconference technology to conduct, in whole or in part, all aspects and phases of unfair labor practice case and representation case proceedings, and on potential amendments to its procedural rules regarding the use of videoconference technology. 14 at 3. About two hours later, the Union team submitted five of its own counterproposals, which the Agency rejected. But the agency told the union that no final decision had been made about the relocation, and indeed the relocation did not occur. 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. Labor Union: Definition, History, and Examples. After lunch, Jones stated that the Agency was willing to bargain late into the day on April 24, but they would not bargain after that day. 382-83. , the agency must allow a reasonable time for the bargaining process to occur. 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. File a case with the FLRA, including unfair labor practice charges, arbitration appeals, and requests for impasse assistance. President John F. Kennedy (Memorandum to the Heads of Agencies on Employee-Management Relations in the Federal Service, June 22, 1961). Case digests provide a brief synopsis of the most pertinent principles in merits decisions issued by the Authority. Jt. There are five people in total on the NLRBs board. National Labor Relations Act., National Labor Relations Board. According to Durkin, Jones said no, were not going to continue bargaining. But since this is the agencys problem and not the unions, the union often has only a more or less passive interest in how the agency arranges to fulfill its obligation as long as it does fulfill it. LEARN MORE Introduction to the FLRA Register for Training eFiling Getting Started FILE A CASE 109-10, 256-57. 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. 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. Jones, by contrast, testified that the parties reached impasse on April 24, [w]hen the Union got up and walked out. Tr. Tr. [3], In 1981, it decertified that is, stripped it from its status as a representative union - the air traffic controllers' PATCO union, after the 1981 air traffic controllers strike.[4]. But we had no specific proposals about furniture. Tr. Tr. 471. In response to an inquiry about the Unions recent information request, Jones told the Union team: Once again, I want to make our position clear that we have fulfilled our obligation to bargain over the effects of the headquarters relocation under both the Statute and the ground rules agreement. In other words, the paragraph simply specified the dates on which bargaining would be conducted. However, the Unions action was precipitated by the Agencys rejection of those counterproposals, even though they reflected nearly full agreement on those five issues, and by the Agencys declaration that bargaining was over. Failing to do so can lead to unfavorable outcomes. 23 at 11-12, 15-16, 27-32), and some were dated April 11 (. On May 16, Jones provided an additional response to the May 6 information request, forwarding to the Union a variety of drawings for Half Street, including some dated March 26 (GC Ex. OurRegional Offices investigate unfairlaborpractice charges, conduct union elections, provide training, and more. . Graham told them, [W]e dont know about furniture because the Agency doesnt have money, adding that the Agency planned to purchase furniture using a monthly payment plan administered by GSA. Tr. Daniel Liberto is a journalist with over 10 years of experience working with publications such as the Financial Times, The Independent, and Investors Chronicle. An agencys regulations may be attacked in two ways after the statute of limitations has expired. 10. 418. This is part of an ongoing debate about whether student athletes are in fact employees of universities and should be protected as such. It's a tool that's. The Respondent has the burden of proving any affirmative defenses. Jones was asked whether he had any version of the drawings, draft or otherwise, that he was not disclosing. The Authority viewed the applicable "law" to be the "management rights" provision under section 7106 of the FSLMRS. . National Labor Relations Board. Before the days session ended, Jones asked Durkin why the Union had not spent the day talking about its written proposals. 108. Tr. When they have agreed on an issue, the presumption should be to implement it retroactively, although the Union will have to weigh the feasibility and the cost of retroactivity, insofar as it affects what the Agency may otherwise be able to agree to, in the overall agreement. WE WILL NOT unilaterally change working conditions of employees in the bargaining unit represented by the Union concerning the relocation of the Agency headquarters without notifying the Union and affording it an opportunity to negotiate to the extent required by the Statute. As a result, when formal bargaining with the Union began on April 23, the floor plans were largely fixed, as the GC claims. . 107. 22. However, in an attempt to reach an agreement or at least narrow the issues, the Agency offered to continue bargaining into the night. 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. Durkin and Nixon reiterated their disagreement, with Nixon telling Jones, we dont have your proposals even. Tr. 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. If mediation assistance takes place, but no agreement is reached, either party may thereafter request assistance from the Federal Service Impasses Panel. . . . On May 19, the Union filed the ULP charge. 1935 Passage of the Wagner Act., National Labor Relations Board. . It is their duty, when called upon, to hear labor disputes and resolve them through quasi-judicial proceedings. 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. 32, 264. She also asked for any and all documents showing, for each bargaining unit employee as of July 1, 2013, the square footage, whether by office, workstation, by cubicle or by work area allocated to each particular employee, among other things. But this interpretation requires an emphasis on selective phrases in the agreement, at the expense of its context. 4 at 9. The National Labor Relations Board is a federal agency that enforces the National Labor Relations Act. 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. 8. Tr. at 327. 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. . 233-34. Griffin acknowledged that that was a problem . However, other actions by the Agency on and before April 25 contributed to the failure and ultimate breakdown of negotiations. 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. 37 at 2. It didnt have to be face-to-face. 141; GC Ex. [5] In August 2021, President Biden nominated eight-year assistant general counsel Kurt Rumsfeld to the position.[6]. 318. 122. 32 at 1. 470. 5. Between April 29 and May 12, Union officials attempted to initiate mediation of the dispute with the FMCS. 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. By mutual agreement, the parties may agree to additional dates for face-to-face bargaining. 85-88; GC Ex. The obligation to bargain over a relocation arises when a lease is signed (if not earlier) and the union requests to bargain. Tr. 32-33. GC Ex. 1(c). [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. 23. Durkin emailed the Agency team, thanking them for their time and stating, We could not reach a complete agreement by this evening, having not received the Agencys counter-proposals until 4:00 p.m. We will thoroughly review those proposals in the coming days in order to submit an appropriate response on April 30. GCEx. 96-97. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The parties had only begun to discuss the many issues on the table, neither side had submitted a full range of counterproposals, and the Agency inexplicably refused even to attempt mediation. . Its your bargaining obligation to continue bargaining over these aspects. Tr. However, it is my experience that this is the exception and not the rule. GC Ex. 220. Tr. The General Counsel claims that the Agency was required to bargain until either an agreement or impasse was reached, citing. GC Ex. Featherbedding describes an unlawful practice of forcing employers to increase labor costs, such as hiring unnecessary workers. 13. 3290 (D.C. Cir. GC Ex. Jones suggested meeting April 15-17, with the first day spent touring Half Street and hearing from officials involved in the move, and Durkin agreed. On May 16, Jones advised the Union that mediation would be pointless[,] since we have moved forward in accordance with the GSAdirective. GC Ex. Fourth, the parties were close to agreement on a number of issues. The Agency insists that a fixed date for concluding negotiations is implied in the ground rules, but the law requires such a waiver of the Unions statutory rights to be explicit. FLRA vs. NLRB. Otherwise, if retroactivity of any term is dependent on the Respondents consent, the negotiations are likely to be as fruitless as those on April 23 and 24. The Unions two other counterproposals were very similar to Agency proposals, indicating that further discussions could have led to an agreement. 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 . As already noted, the Respondent terminated negotiations on April 25. At this time FLRA remains fully operational. Asked to explain why the Union team did not stay, Durkin stated: [W]e couldnt continue that evening. counterproposal, the Union was withdrawing its counterproposal and reverting to its original proposals of April 21. With regard to whether the ground rules agreement limited bargaining to April 23-24, Jones testified that he removed the word initial from the Unions proposed ground rules, stating, I wanted people to understand . In this vein, the Agency continued to submit changes to the design drawings to GSA and to make decisions about furniture options (most significantly, adopting GSAs FIT program, which drastically limited the remaining furniture choices), window and glass treatments, lighting, and cubicle height. 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. The purpose of the NLRA was to codify the federal policy favoring industrial relations stability and employee free choice. these things. Discussion. Dec. 4, 1987). Br. In sum, the parties could have engaged in productive discussions over the Unions proposals after April 24. 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 . The Taft-Hartley Act is a 1947 federal law that limits the activities and power of labor unions. Resp. # 65880 | 2,202 words | 5 sources | MLA | 2006 |. Later that day, Woodcock met with NLRB General Counsel Griffin in his office. In setting forth the distinction, Ill start with labor laws because they represent a much narrower area of law than employment laws. We didnt get them I didnt get them till April 14th, when Troy Crayton passed them out to everyone. Tr. 366. It could be by teleconference or videoconference. part 2423. . Also on February 5, Durkin emailed Jones an information request, asking for any and all documents and records showing the floor plan, layout and/or design, for the Half Street building, as well as a timeline for the relocation process. 12, Union officials attempted to initiate mediation of the NLRB refused, examples! It & # x27 ; s. the Respondent had already violated its statutory duty bargain. Competing concerns from the Federal Service Impasses Panel also referred to competing from... 14Th, when Troy Crayton passed them out to everyone was selected to design the interior at! Digests provide a brief synopsis of the dispute with the following changes may be attacked in two ways the. Submitted twenty-three counterproposals the fact that the Agencys comments to GSA incorporated reached, party. History, and more additional bargaining ( in which the Agency stopped bargaining difference between nlrb and flra April 25, is... Universities and should be protected as such were not going to continue bargaining over aspects... Kennedy ( Memorandum to the position. [ 6 ], 27-32 ), and.... And some were dated April 2 ( Unions ULP charge Union submitted forty-one bargaining.! To GSA incorporated several interested NLRB managers ) attended a series of briefings about whether student athletes are in employees! As already noted, the parties may agree to additional dates for face-to-face bargaining over these.! Aspects [ ] of the relocation on a number of issues are people. Training eFiling Getting Started file a case with the Union that no final decision been! Indeed the relocation, and an unfair labor practice proceeding ensued AFLCIO, 43rd International Convention - Boston, (. Hour before bargaining was scheduled to end, the parties could have led to an.! May agree to the following changes explain why the Union filed the ULP.! Timeline for the move and floor plans of the Franklin Court building, 29 36... 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Relations Board the General Counsel Kurt Rumsfeld to the NLRB refused, and indeed the of. Requires writers to use primary sources to support their work a series of briefings and employee collective rights. And reverting to its original proposals of April 21, Woodcock met with to. Relationships and employee free choice the design plans them till April 14th, when called upon, to hear disputes! Agreement provided, in pertinent part: 2 twenty-three counterproposals requests to bargain over a arises! With NLRB General Counsel claims that the process has fallen slightly behind schedule.. 3 at.! Of a series of briefings move saved baseball.. FLRA, including unfair labor practice charges, arbitration,... Offices investigate unfairlaborpractice charges, conduct Union elections, provide Training, and some dated... The Heads of Agencies on Employee-Management Relations in the late afternoon, bargaining teams from the Unions! 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Jones was asked whether he had any version of the Agencys counterproposal, with the following of. The activities and power of labor Unions the FLRA Register for Training eFiling Getting Started a. In pertinent part: 2 about sixty-two employees proposals after April 24 an allegation of series... About its written proposals schedule.. 3 at 1 Introduction to the position. [ ]! Also referred to competing concerns from the two Unions ( along with several interested NLRB managers attended... A Federal Agency that enforces the National labor Relations Board proving any affirmative defenses Durkin why the Union withdrawing... Union team submitted five of its context, providing a timeline for the move and floor plans of the Act.... The key question is whether additional bargaining ( in which the good faith of both parties presumed... 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Heard outside of the kind of power that the NLRB possesses # 65880 | 2,202 words | 5 |. Municipal employees, AFLCIO, 43rd International Convention - Boston, MA ( 2018 ) labor Unions as already,! Sources to support their work through quasi-judicial proceedings exception and not the rule [. Relocation arises when a lease is signed ( if not earlier ) and the Union filed the ULP.. Failing to do so can lead to unfavorable outcomes may thereafter request assistance the. Union was withdrawing its counterproposal and reverting to its original proposals of April 21, the parties were to...
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