Jones responded to Durkins request on February 10, providing a timeline for the move and floor plans of the Franklin Court building. 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. . 23. Introduction to the FLRA.. . 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. The FLRAis the federal public sector counterpart to the National Labor Relations Board (NLRB), which governs labor relations between private sector employees and employers. Starting in January and continuing through (and beyond) April, Agency officials engaged in extensive discussions with GSA, the new landlord, and the architects regarding the amount of space it would occupy in the new building, and the configuration of that space, and the Agency consciously froze the Union out of this process entirely. OurRegional Offices investigate unfairlaborpractice charges, conduct union elections, provide training, and more. Timing and Availability of Judicial Review, The Constitution and the Administrative State, Statutory Constraints on Agency Procedure, Constitutional Constraints on Agency Procedure, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam). Issued, Washington, D.C., February 11, 2016, Date: _________________ By: _______________________________________________, Chairman, National Labor Relations Board (Signature), Date: _________________ By: ______________________________________________, General Counsel, National Labor Relations Board (Signature), Collaboration and Alternative Dispute Resolution Office (CADRO), Archival Decisions, Legislative History, & Foreign Service Decisions, NATIONAL LABOR RELATIONS BOARD AND NATIONAL LABOR RELATIONS BOARD UNION. . 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 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. None. . Unlike the Unions proposed ground rules, the Agencys proposals did not refer to an initial bargaining session.. 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. 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. at 12. In the proposed ground rules, the Union called for an initial bargaining session. 33, 35. The Board is composed of 3 members, nominated by the President of the United States, with the advice and consent of the Senate, for a term of 5 years. (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. 409; This evidence shows that there was a significant period of time prior to April 14 in which the Agency was able to make meaningful changes in the size and configuration of the office space at Half Street. The NLRB refused, and an unfair labor practice proceeding ensued. 318. 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. 108. 10. 29 at 3-4. Tr. . 39. means. 117. 74-75; GC Ex. The Union represents a bargaining unit of professional and nonprofessional employees who work for the Agencys General Counsel (at the headquarters building and at its regional offices), as well as a second unit of nonprofessional employees who work for the Chairman and Members (the Board) at the headquarters building. 137; GC Ex. 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. P. Br. And, without strong enforcement of labor laws, unions cannot effectively function. things that we could agree on. Tr. 52. GC Ex. Ex. Tr. The Authority has defined impasse as that point in negotiations at which the parties are unable to reach agreement.. GC Ex. And even if the Union had been able to write up a full set of responses that evening, the parties would have needed much more than that day to properly address them and try to reach compromises. (a fact the Agency belatedly understood several months later, when it offered to return to the table), and the Agencys termination of bargaining in April was arbitrary and unreasonable. 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. GC Ex. 25. 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 . This is just one of a series of examples of the kind of power that the NLRB possesses. 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. The Agency would have offices on the third through sixth floors. Tr. that the Agency had had the drawings for a month at that point in time. Tr. 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. 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. 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. 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). 5 C.F.R. The NLRB cannot open cases on its own. In order to evaluate this defense, I consider the meaning of the ground rules agreement, using the standards and principles of interpreting agreements applied by arbitrators and the federal courts. So I dont know we didnt know where to go from there with the Agency rejecting its own proposals; how we could have productively bargained fully that night. The Union stands ready and willing to continue good faith bargaining regarding the HQ relocation at mutually agreeable future times and dates. Fine, were obligated to bargain. . FLRA vs. NLRB. As we said several times throughout the course of the day, we were willing to work late last evening in an attempt to reach an agreement, or narrow the issues, but the Union team was unwilling to continue beyond 6:30. But we had no specific proposals about furniture. Tr. 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. (a) Upon request, negotiate in good faith with the Union concerning the relocation of Agency headquarters to the extent required by the Statute, including participating in mediation under the auspices of the Federal Mediation and Conciliation Service, if requested by either party, and if requested and necessary to implement the results of any agreement reached or resolution imposed by the Federal Service Impasses Panel, replace or substitute any features located within the new headquarters building that are subject to bargaining under the Statute. Which Jobs and Sectors Are Not Protected by the National Labor Relations Board (NLRB)? Complaints are dealt with by regional offices and may be passed on to the five-team board, which acts as aquasi-judicial body. 43-44, 323, 404; GC Ex. Later that morning, Jones and Graham escorted the Union team through Franklin Court. 148-49, 168. GC Ex. 431. 34. 162, 250, 285-86, 349-52, 474, 477; GC Ex. 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. It also helps employees conduct union elections. . 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. 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. We also reference original research from other reputable publishers where appropriate. Monday, January 13, 2020. 2; Tr. 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. As part of this process, the Agency established the Space Advisory Committee around November 2012. Durkin reiterated that the Union disagreed with that position. 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. 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 . Impact of the NLRB on Professional Sports., The New York Times. 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. The Union team also asked about furniture. What is the Purpose of the National Labor Relations Board (NLRB)? However, it is my experience that this is the exception and not the rule. These laws include federal and state wage and hour laws, discrimination laws, and leave laws. adopts similar guidelines in concluding that no impasse had been reached: among the factors cited were that neither party had actually declared an impasse; the parties had modified their proposals and demonstrated a responsiveness to the bargaining process; and the parties had not yet had a reasonable opportunity to invoke the processes of FSIP. 42FLRA at 1279-80. . 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. Luther testified that this surprised her, because it contradicted what he had said at the beginning of the conversation., The Agency finally responded to the Unions proposed ground rules with its own draft of a ground rules agreement on April 14. 30. Date: _________________ By: _______________________________________________ Chairman, National Labor Relations Board (Signature), Date: _________________ By: ______________________________________________ General Counsel, National Labor Relations Board (Signature). If complete agreement is not reached after the conclusion of negotiations, either party may request mediation from the Federal Mediation and Conciliation Service (FMCS). 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. Resp. . Later that day, Sloper reminded Jones of the provision in the ground rules agreement for mediation and asked whether the Agency believed that mediation has been completed according to the terms of the ground rules agreement., morning: Bargaining has concluded, and there has been no mediation. . Tr. 1935 Passage of the Wagner Act., National Labor Relations Board. . Tr. 105, 233. However, we are willing to tentatively agree to the following parts of the Agencys counterproposal, with the following changes. GC Ex. Thus, as with the April negotiations, the bargaining in November failed to satisfy the requirements of the Statute. On May 9, Lennie gave the Union a list of the location and size of each employees workspace at Franklin Court. (Despite receiving the floor plans on February 10, the Union would not receive information listing the size and type of each bargaining unit employees workspace at Franklin Court until May 9. 182-86; GC Ex. as a full agreement. GC Ex. The Respondent has the burden of proving any affirmative defenses. 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. Jones stated that there were no existing drawings for Half Street, but he promised to provide such drawings [o]nce the architects have completed the design. GC Ex. 3; Tr. . Tr. Thus the April 23 and 24 bargaining sessions scheduled in paragraph 2 were clearly not the only negotiations that the parties anticipated. What Is the National Labor Relations Board (NLRB)? We had stated directly in our proposals for a tentative agreement that we were willing to bargain by any. 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.. 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. Jones asked Durkin and Luther not to, saying, You agreed to a visual inspection and thats what we expect this to be. Tr. Tr. 106. 322.) 300, 439-41. I also believe that in these factual circumstances, the Union should, as the court envisioned in. Frequently, the two are used interchangeably and, in most day-to-day usage, the interchange of the two words is accepted and appropriate. 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. In other words, the paragraph simply specified the dates on which bargaining would be conducted. Also, Jones acknowledged that [t]here wasnt a deadline on furniture for May 9th. Tr. Declaring an impasse is significant, because it communicates to the opposing side that the time for invoking impasse procedures has arrived. Once the Agency and the Union began negotiating in this case, it is clear that they did not reach agreement. . We said we gave them notice of the change and conditions of employment. Without strong labor unions, there can be no equity for working people. (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. Since its inception in 1935, the NLRB has successfully defended the rights of private-sector employees across all types of industries. 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. 43 at 9, 23, 29, 36, 49), and others dated April 2 (. 324. 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. With regard to the dates for bargaining, Durkin testified that the ground rules agreement went into detail concerning face-to-face bargaining, but not concerning other types of bargaining such as by email or teleconference. 1(d). We were quite exhausted. . Br, (2) the Unions proposals were focused almost entirely on the maintenance of the size of current office space and configuration[,] the Agency rejected the Unions space proposals, the Union did not retreat from its position on maintaining current size and configuration of office space in its partial counter, and the Agency rejected the Unions counterproposals (. (All communication between the parties was by email, unless otherwise noted.) Find everything you need to know about filing a casewith the FLRA. GC Ex. 25. Without unions, pension and health care benefits deteriorate and workers' interests in safe and healthy workplaces and in stable employment go unheard and unheeded by employers and by the government alike. 39. 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. Its work often makes the news and has helped to shape American labor practices. Where they mainly differ is in the portion of the workforce they serve. 39. . View the legislative history of the Federal Service Labor-ManagementRelations Statute, the Civil Service Reform Act, andthe Foreign Service Act. On April 10, the three of them discussed these issues over the phone. Jt. An agencys regulations may be attacked in two ways after the statute of limitations has expired. 13, 15. I mean, we had done everything to try to continue bargaining, to ask for continued bargaining. 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. 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. at 327. Circuit recently refused to enforce a decision by the National Labor Relations Board (NLRB) that involved a conflict between an . Tr. The Union told Jones that there were a number of ways to bargain. 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. Tr. Jones added that the DID process should have started approximately three weeks ago. GC Ex. 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. 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. They were joined by Lennie, Abruzzo, and Robert Schiff, the Chairmans Chief of Staff. Tr. for commenting on the design drawings for Half Street. At the Agencys headquarters, the Union represents about sixty-two employees. . 14 at 3. Despite significant differences between the parties' proposed telework arrangements, both parties identified maximizing telework opportunities for bargaining unit employees as a primary interest. Tr. David M. Prouty. During these negotiations, the Agency spokesman stated that the Agency did not have information on, and had not made decisions about, several issues raised in the Unions proposals, including matters relating to the office furniture to be used at the new headquarters. And at that time, at 6:30, the Agency had already rejected its own proposals. 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 . Jt. This includes such matters as union organizing, collective bargaining negotiations, and unfair labor practice charges. Employment Laws 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. 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. GC Exs. The FLRA claimed that judicial review was barred by the sixty day statute of limitations. FEDERAL LABOR RELATIONS AUTHORITY OALJ 16-16 Office of Administrative Law Judges WASHINGTON, D.C. 20424. 4 at 9. 104. 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. 96-97. 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. Tr. 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. 12 at 1. In determining whether the Respondent violated 7116(a)(1) and (5), the first inquiry is whether it had an obligation to bargain at all in these circumstances. . 11 at 1. 4 at 9. GC Ex. GC Ex. 141; GC Ex. 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. 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. . 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. The court has distinguished three types of challenges on appeal. The Respondent contends that if a violation is found, retroactive relief, including a retroactive bargaining order, would be inappropriate. In that event, the Agency will pay lodging, travel, and per diem expenses for the Union negotiators for the agreed-upon dates for face-to-face bargaining and for the travel dates immediately preceding and following the bargaining dates. This Notice must remain posted for sixty (60) consecutive days from the date of posting and must not be altered, defaced, or covered by any other material. Although the NLRA covers most employers, it does not . And then Harry Jones turns around and emails and suggests that we werent willing to continue bargaining, and suggested that our ground rules agreement somehow limited bargaining to those two days, which we disagreed with. 116. Tr. When asked why the Agency rejected the five counterproposals offered by the Union late on April 24, Jones stated, [W]e were too early on. 42 at 1. . 122. 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 . 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. at 7. 146-47. Issue. Published on May 23, 2006 in Law ( Labor ) , Business ( General ) Tweet. Consistent with its statutory charge to provide leadership in establishing policies and guidance to participants in the Federal labor-management relations program, the Authority also assists Federal agencies and unions in understanding their rights and responsibilities under the Statute through statutory training of parties. On December 23, Jones sent Woodcock an email, offering one additional bargaining session in January in an attempt to resolve all outstanding issues related to the headquarters relocation. GC Ex. . . . If mediation assistance takes place, but no agreement is reached, either party may thereafter request assistance from the Federal Service Impasses Panel. The FLRA was adopted after President Jimmy Carter sought legislation to bring comprehensive reform to civil service system and regularize federal labor relations. 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. 32 at 1. Tr. 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. When workers are stripped of union protections, wages stagnate or decline, and inequities grow. April negotiations, the Union represents about sixty-two employees of each employees at. 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