. Tr. At the Agencys headquarters, the Union represents about sixty-two employees. 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. . Thus the November teleconference cannot truly be considered pre-implementation. As with many of the decisions made between the Respondent and the architects in February and March, the Respondent had already narrowed the Unions ability to negotiate to a significant extent. When parties are engaged in bargaining over a proposed change in conditions of employment, an agency is generally required to maintain the status quo pending the completion of the entire bargaining process, including the opportunity to pursue impasse resolution procedures. . 335-36. When the parties began face-to-face negotiations on April 23, they had signed off on the ground rules less than a week earlier. The Federal Labor Relations Authority (FLRA) has a similar mandate to the NLRB. We didnt get them I didnt get them till April 14th, when Troy Crayton passed them out to everyone. Tr. It also helps employees conduct union elections. GC Ex. The National Labor Relations Board (NLRB) was established by the National Labor Relations Act (NLRA) in 1935, and it enforces statutorily defined unfair labor practices on the part of employers, labor organizations, or their agents. Thus the April 23 and 24 bargaining sessions scheduled in paragraph 2 were clearly not the only negotiations that the parties anticipated. The NLRB refused, and an unfair labor practice proceeding ensued. Tr. 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. 237-38. Impact of the NLRB on Professional Sports., The New York Times. Luther also stated that the Union would be contacting the FMCS for assistance. Before the days session ended, Jones asked Durkin why the Union had not spent the day talking about its written proposals. View the legislative history of the Federal Service Labor-ManagementRelations Statute, the Civil Service Reform Act, andthe Foreign Service Act. Once the Agency and the Union began negotiating in this case, it is clear that they did not reach agreement. 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 . 23. 33, 42-43, 403; GC Ex. The National Labor Relations Board (NLRB) is an independent federal agency created by the U.S. Congress in 1935 to enforce the National Labor Relations Act (NLRA). Tr. 108. 166. Its objective is to protect the rights of most private-sector employees to collectively bargain for better wages and working conditions, and prevent employers and unions from engaging in unfair practices against them. The ground rules agreement states, The parties will conduct two bargaining sessions on April 23-24, from 9:00 a.m. to 5:00 p.m. GC Ex. 236. GC Ex. Yet on May 10, Agency officials submitted final comments on the floor plans to GSA and the architects, which paved the way for construction of the new offices to begin; and in subsequent months the Agency made other decisions on structural and design aspects of Half Street without negotiating with the Union. This briefing concluded the days activities. . 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. . 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. Mediation is, without a doubt, a form of bargaining. 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. In response to Proposal 12 that employees who had window offices at Franklin Court would have the same at Half Street Jones stated, well try to see how many window offices we can get in the Washington Resident Office, but again they are the only people who have offices.. Harry Jones, Assistant General Counsel for Labor and Employee Relations, represented management during the move. ", National Labor Relations Board. Unfortunately, we were not able to reach agreement. GC Ex. GC Exs. Br. Giving employees the freedom to decide whether they want union representation and, if yes, by which union by conducting secret ballot elections. 39. They had just a few of the drawings. Tr. 52. that these are the bargaining sessions and that if we need more, we can agree mutually to have more; but I didnt want anybody to think that we were agreeing to just have two opening sessions . . But I find the determination of the Authority in the, situation strikingly similar to ours, to be instructive and persuasive. GC Ex. Its your bargaining obligation to continue bargaining over these aspects. Tr. Jones first stated that he still did not have the drawings, and he recommended that the bargaining sessions scheduled for the following week be postponed. The Agency would have offices on the third through sixth floors. 100-01, 230-31. 428, 477. 22 at 3-5. Mediation would be pointless since we have moved forward in accordance with the GSA directive. The FLRA is an independent administrative federal agency created by Title VII of the Civil Service Reform Act of 1978, also known as the Federal Service Labor-Management Relations Statute (the Statute ), 5 U.S.C. 24. Dec. 4, 1987), NLRB Union v. Federal Labor Relations Authority, 834 F.2d 191, 1987 U.S. App. 202. Since its inception in 1935, the NLRB has successfully defended the rights of private-sector employees across all types of industries. 29, 30. 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. In Weingarten, we upheld the National Labor Relations Board's conclusion that an employer's denial of an employee's request to have a union representative present at an investigatory interview, . 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. Tr. . At the time of the hearing, the relocation of the NLRB headquarters was scheduled to take place by June 2015. 12. , retain . 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. 413. 472. 13 at 1. The FLRA, in its decision says that: Our Statute requires that an agency must provide notice, and an opportunity to bargain, before it may change "conditions of employment." "Conditions of employment" are defined, in 7103 (a) (14), as "personnel policies, practices, and matters, whether established by rule, regulation, or otherwise . . On the morning of Tuesday, April 22, the Union bargaining team, and Jones, Graham, and Lennie, toured Half Street, whose interiors were still mostly empty. Case digests provide a brief synopsis of the most pertinent principles in merits decisions issued by the Authority. 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. I certainly if we had agreed to stay late and continue the bargaining into Thursday evening and we had been making progress, if progress had been made on Thursday evening, I certainly had the authority to say to them book another night in your hotel; lets pick up on Friday; change your airline tickets to fly back on Saturday. Accordingly, the Union will submit a proposal and/or counterproposal to the Agencys 4/24/14 counterproposal on April 30, 2014. Tr. 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. All events occurring after April 25 are tainted by the Agencys termination of bargaining on that date, and all events after May 16 are similarly tainted by the Agencys refusal to join in mediation. . Gwynne A. Wilcox. What is the difference between NLRB and FLRA? With regard to the drawings, Jones stated, We have not yet received the final drawings from the architect.. 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. Ex. The Authority has defined impasse as that point in negotiations at which the parties are unable to reach agreement.. Jones replied, Not on April 10th. 275; On April 28, Lennie offered further discussions about the BUs concerns that week, and the Union accepted. The FLRAis the federal public sector counterpart to the National Labor Relations Board (NLRB), which governs labor relations between private sector employees and employers. Tr. . Teams Virtual Training 10am - 12:00pm EST, Teams Virtual Training 11:00am - 12:00pm EST, U.S. Forest Service, Collbran Job Corps Civilian, Conservation Center, Collbran, CO (Agency) and National Federation of Federal Employees, IAMAW, AFL-CIO (Petitioner/Labor Organization), American Federation of Government Employees, Local 1858 (Union) and United States Department of the Arrmy, Redstone Arsenal, Alabama (Agency), National Treasury Employees Union (Union) and United States Department of Agriculture, Food and Nutrition Service (Agency), Collaboration and Alternative Dispute Resolution Office (CADRO), Archival Decisions, Legislative History, & Foreign Service Decisions, Meetings under the Statute, Investigatory Examinations, Formal Discussions, Bypasses, Susan Tsui Grundmann Designated FLRA Chairman, The FLRA Proposes Revising Its Regulations, and Revoking a Related Policy Statement, Concerning the Revocation of Written Assignments for the Payment of Union Dues, The FLRA Releases Training Video on Labor Management Forums, The FLRA and its Recognized Union of Authority Employees Reestablish Internal Labor-Management Forum, FLRA Invites Customer Input on Representation Issue, FLRA Swears in Member Susan Tsui Grundmann. at 327. National Labor Relations Act., National Labor Relations Board. The architects finalized design intent drawings in August. 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. By terminating negotiations before the Union had a chance to submit a full set of counterproposals, the Agency undercut its claim that negotiations were at an impasse. The key question is whether additional bargaining (in which the good faith of both parties is presumed) might produce an agreement. 41, 194); and Katrina Woodcock, a senior field attorney in the Washington Resident Office (Tr. Ch. 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. 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. 367, 465. 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. As part of this process, the Agency established the Space Advisory Committee around November 2012. marked the opening to broader compromises, but the Agency chose instead to close the book on bargaining. Three of the Unions counterproposals were identical to the Agencys, and the other two were very close. Jt. Jt. Lauren M. McFerran, Chairman. . The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). Tr. 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. Accordingly, the evidence does not support the notion that in negotiating the ground rules, the Union made a conscious choice, after a full discussion of the issue, to establish a strict time limit of April 24 for negotiations. 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. Tr. 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. According to Luther, Sutton also said that there had been a great deal of work with [various Agency officials] . 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 . 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. 18, 19. Let us know what you think about our new and improved website by emailing us at EngagetheFLRA@flra.gov. . As an initial matter, the GC asserts that the Respondent had a duty to bargain over the relocation, and that this duty arose when the Agency signed the lease for the new office building on January 29. Synopsis of Rule of Law. The chart below details steps in the unfair labor practice process. 30-31, 215-16); Lisabeth Luther, a compliance officer based in the Indianapolis Regional Office (Tr. When Jones forwarded these drawings to the Union the same day, it was the first time the Union had seen any drawings or floor plans for the new building. . 32 at 1. The 60 day period for seeking judicial review set forth in the Hobbs Act is jurisdictional in nature, and may not be enlarged or altered by the courts. The Authority has stated that the location in which employees perform their duties, as well as other aspects of employees office environments, are matters at the very heart of the traditional meaning of conditions of employment.. In the afternoon, bargaining teams from the two unions (along with several interested NLRB managers) attended a series of briefings. Conduct Elections . 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. By walking away from the table before there was a deadlock, and by then implementing unilateral decisions concerning conditions of employment at the new building, the Agency violated its duty to bargain in good faith and thus violated 7116(a)(1) and (5) of the Statute. 221. But I, again, reiterated to them that we were willing to stay late to try to hammer out an agreement. Monday, January 13, 2020. 2. Based on the above precedent, I find that the planned relocation to a new building involved a change in conditions of employment. at 330. and we explicitly request continued bargaining. 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. Subsequently, the GC, the Charging Party, and the Respondent filed post-hearing briefs, which I have fully considered. 278-79; GCEx. Issue. part 2423. 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. 11 at 1. cubicles. That AFSCME reaffirms our commitment to lead the battle to fight for a National Labor Relations Board and a Federal Labor Relations Authority which supports workers rights. NLRBs challenge fell within the third category and warranted judicial consideration. 465. 74-75; GC Ex. The next day, Luther informed Jones, In light of your rejection of our . GC Ex. 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. Reasonable steps shall be taken to ensure that such Notices are not altered, defaced, or covered by any other material. 53-54. What Is the Difference Between the National Labor Relations Board (NLRB) and the Federal Labor Relations Authority (FLRA)? GC Exs. Later that morning, Jones and Graham escorted the Union team through Franklin Court. 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. 7 at 1-3. If mediation assistance takes place, but no agreement is reached, either party may thereafter request assistance from the Federal Service Impasses Panel. This is an unfair labor practice (ULP) proceeding under the Federal Service. 105. 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. About two hours later, the Union team submitted five of its own counterproposals, which the Agency rejected. Graham testified that the Agencys comments to GSA incorporated . 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 . But, he continued, there is not going to be ongoing bargaining. 428. We cant continue meeting on these things. If the Agency had not cut off bargaining, the parties could easily have reached agreement on these points. We also reference original research from other reputable publishers where appropriate. . These issues could and should have been addressed by the parties through bargaining at subsequent times over the next several months, right up to the date the NLRB finally moved to Half Street. Although both laws cover labor relations and rights, they . at 1, 5; The Respondent contends that it fulfilled its bargaining obligation under the Statute. Based on the foregoing, I conclude that the ground rules agreement did not justify the Respondents decision to end bargaining prior to reaching agreement or impasse. Featherbedding describes an unlawful practice of forcing employers to increase labor costs, such as hiring unnecessary workers. 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. Jt. Employment Laws These factors establish that there was a strong potential for further and productive bargaining, if only the Agency had the patience to persist beyond its arbitrary deadline. Its work often makes the news and has helped to shape American labor practices. Also on April 14, an architect at WDG provided Jones with updated drawings for Half Street. Resp. . 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. . Tr. The NLRB continues to be in the news. On February25, Jones provided Durkin some additional information about Half Street, but still did not provide any drawings. Without strong labor unions, there can be no equity for working people. . Similarly, the Respondent cannot blame GSA for its unlawful bargaining. No. GC Ex. The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). . Although it kept the Space Advisory Committee apprised of what was happening with the construction and allowed the committee members to express their opinions at certain times, many of the committee members were not part of the Unions bargaining unit, and this process was not bargaining. It just wouldnt work. Tr. Because the ground rules agreement cannot reasonably be interpreted as limiting the parties bargaining period to two days, I conclude that the Union did not waive its right to bargain until either an agreement was reached or the parties had come to an impasse. 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. Tr. . What We Do., National Labor Relations Board. 51 at 7. An allegation of a procedural infirmity will not be heard outside of the statute of limitations period. Were moving from [Franklin Court] to . Find everything you need to know about filing a casewith the FLRA. Find a listing of FLRA contacts that you can call for more information. Clearly, the Respondents national office was involved in this ULP, which involved negotiations over the relocation of its national headquarters. GCExs. 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. Our bottom line view at this point is that we have fulfilled our obligation to bargain under the terms of [the] ground rules agreement. The evidence thus shows overwhelmingly that the parties had not reached impasse at any time, and that mediation might have been exactly what the parties needed to bridge their differences. Tr. 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. Tr. 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. 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 . 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. informed the Union that the Respondent had fulfilled its obligation to bargain regarding the headquarters office move, and that [s]ince on or about April 25, 2014, and May 15, 2014, the Respondent has failed and refused to negotiate with the Union over the headquarters office move to the extent required by the [S]tatute, in violation of 7116(a)(1) and (5) of the Statute. Annual Subscription ($175 / Year). . This is part of an ongoing debate about whether student athletes are in fact employees of universities and should be protected as such. . Specializing is necessary for attorneys because each area of law, as well as the laws within that area, can be substantively and procedurally very different. 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. Larry Sutton, the GSA representative on the project, spoke next. . Tr. As for whether the parties had reached impasse by the end of the April 23-24 bargaining session, Durkin stated that they had not, noting that neither party submitted last best offers or asserted they were at impasse. Concurrence. The GC and the Charging Party argue for a retroactive bargaining order, while the Respondent argues that a retroactive order would be inappropriate. 30 at 3. All of the Unions proposals relating to size and configuration were dismissed out of hand by Jones, and the Unions refusal to accept his rejection of those proposals was interpreted as intransigence. 199. 5 C.F.R. The NLRB works mainly with the private sector; the NLRB administers the National Labor Relations Act through conducting elections to determine if employees want union representation in addition to investigating and remedying unfair labor practices by employers and unions (United States Department of Labor, n.d.). 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. On May 16, Jones advised the Union that mediation would be pointless[,] since we have moved forward in accordance with the GSAdirective. GC Ex. Concepts we will address include: 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. 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. Nonetheless, when the Union requested mediation, the Agency refused to participate. These activities are governed by a handful of federal and state laws, the most prominent being the National Labor Relations Act (NLRA). 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. With regard to Proposal 14 that interior office windows have an opaque glaze or frosted glass Jones said, we havent chosen yet to frost or not frost, but we want it to be uniform, so we cant have individual people in individual offices choosing whether to have theirs frosted or not. Tr. We had bargained all day. GC Ex. . The FLRA is an independent administrative federal agency that administers the labor-management relations program for 2.1 million non-postal federal employees worldwide. . Collective bargaining is the process of negotiating terms of employment between an employer and a group of workers. 12 at 1. Many of these proposals were not related to the size of individual offices or cubicles, and indeed the Agency itself had no way of properly or knowledgeably negotiating many of these subjects (such as the height of cubicle walls, frosting on glass, and options for furniture, flooring, and walls) in April or May. 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