The purpose of the NLRA was to codify the federal policy favoring industrial relations stability and employee free choice. Event Location: This training will be conducted virtually using WebEx during CST. 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. Tr. Griffin acknowledged that that was a problem . . Tr. . Tr. (All communication between the parties was by email, unless otherwise noted.) Marvin E. Kaplan. Tr. However, on November 21, Jones advised the Union negotiating team that the Agency was in the process of finalizing its furniture order for the new building, and he invited the Union to participate in bargaining by telephone over any Union proposals concerning furniture on November 24. More information to follow. Paid for by the American Federation of State, County & Municipal Employees, AFL-CIO, 1625 L St., NW, Washington, DC, 20036. , 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. One important difference between the two laws is the scope of the authorized collective bargaining process. The Respondent notes next that the Union withdrew its five initial counterproposals on April 29. The agency is governed by a five-person board and a general counsel, who are each appointed by the U.S. president with the consent of the Senate. 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. 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. 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. These include the Agencys refusal to furnish necessary information to the Union prior to April 23 and delaying the start of bargaining until many of the most significant decisions affecting the size and configuration of the new headquarters offices had been made. 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. Employees can file a charge against and employer and labor union at one of its 26 regional offices and the NLRB will investigate. 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. 105. to be incorporated into the final Design Intent Drawings by May 9. Are You Covered?, Federal Labor Relations Authority. It is instructive at this point to take a step back and look at the, employees they thought they would move by September to a specific location. 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. 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. 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. Labor Union: Definition, History, and Examples. This rapprochement should have. 42 at 1. 25. 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. 43-44, 323, 404; GC Ex. He said there is not going to be ongoing bargaining. NLRB Deputy General Counsel Jennifer Abruzzo and Chief Financial Officer Ron Crupi then informed the union officials about financial aspects of the move. (c) In any like or related manner, interfering with, restraining, or coercing bargaining unit employees in the exercise of the rights assured them by the Statute. Also on April 14, an architect at WDG provided Jones with updated drawings for Half Street. Jones also stated that he was relying on Crayton and Graham to provide him the drawings. 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. . An agencys regulations may be attacked in two ways after the statute of limitations has expired. Tr. It certainly does not change the fact that the Respondent had already violated its statutory duty to bargain. willing to continue bargaining regarding the headquarters relocation by various means, including but not limited to face-to-face bargaining, telephonic bargaining, email and video conferencing. This individual is appointed by the president for a four-year term and functions independently from the board. FLRA vs. NLRB. 41, 194); and Katrina Woodcock, a senior field attorney in the Washington Resident Office (Tr. 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. 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. 29. WE WILL NOT, in any like or related manner, interfere with, restrain, or coerce bargaining unit employees in the exercise of the rights assured them by the Statute. (d) Pursuant to 2423.41(e) of the Authoritys Rules and Regulations, notify the Regional Director, Chicago Region, Federal Labor Relations Authority in writing, within thirty (30) days from the date of this Order, as to what steps have been taken to comply. the background and history of the move, and talked about it being a very tight timeline, tight monetary restrictions. Tr. 109-10, 256-57. 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. Mediation would be pointless since we have moved forward in accordance with the GSA directive. LEXIS 15827, 266 U.S. App. 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. Although the NLRA covers most employers, it does not . Therefore, it could hardly be said on April 24 that further negotiations would be fruitless; on the contrary, further negotiations were inevitable. , 41 FLRA at 350-51. However, it is my experience that this is the exception and not the rule. Bargaining on Thursday, April 24, began with Jones and other members of the Agency team giving their initial reactions to most of the Unions forty-one proposals. 113. D.C. 165, 126 L.R.R.M. Ex. Tr. On Wednesday, April 23, the Unions bargaining team met with Agency representatives Jones and Graham. The U.S. Court of Appeals for the D.C. 51 at 7. 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. . Immediately upon returning from lunch at 1:10 p.m., the Agency team requested a caucus, so that it could prepare counterproposals. WE WILL 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. Tests and elements required to prove violations differ from one law to the next; the exclusions and exemptions regarding which employers and employees are and are not covered can be different; and the procedures that govern the complaint processes can vary significantly. . In determining whether a party has fulfilled its bargaining responsibilities, the Authority considers the totality of the circumstances of the case. GC Ex. The Union team then met up with the remainder of the Agencys bargaining team. First, the Agency had already made the decision, with GSA, to utilize GSAs FIT program, which significantly narrowed the remaining options for furniture. 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. Find a listing of all of the FLRA's current job openings. 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. Find a listing of FLRA contacts that you can call for more information. Let us know what you think about our new and improved website by emailing us at EngagetheFLRA@flra.gov. "The FLRA's decision to adopt the NLRB's substantial-impact test also fails to account for the agency's own past assessments of how the differences between the public-sector and. FLRA, 39 F.3d 361 (CADC 1994); Defense . LEARN MORE Introduction to the FLRA Register for Training eFiling Getting Started FILE A CASE 32, 264. National Labor Relations Board. Ex. immediately as to whether there was a fixed deadline for the end of bargaining suggests strongly to me that there was never a meeting of the minds on that provision. While the parties had some subsequent discussions about the relocation, no further negotiations occurred until at least November. Jones responded to Durkins request on February 10, providing a timeline for the move and floor plans of the Franklin Court building. The Agencys bargaining team consisted of managers based at headquarters, and the Agencys executive leadership inserted itself into the dispute more than once. 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. We had stated directly in our proposals for a tentative agreement that we were willing to bargain by any. 274. When the parties began face-to-face negotiations on April 23, they had signed off on the ground rules less than a week earlier. 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. 3 at 1. We had bargained all day. 236, 238. Tr. File a case with the FLRA, including unfair labor practice charges, arbitration appeals, and requests for impasse assistance. One example of such a proposal was Union Proposal 36, requiring bargaining over furniture at a later time. 51 at 7. 5. Griffin also referred to competing concerns from the different divisions within the Agency. Tr. (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. 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. . 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. 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. D.C. 165, 126 L.R.R.M. 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. Graham testified that the Agencys comments to GSA incorporated . . 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. More importantly, the Union continued to keep its original forty-one proposals on the table. 108. . Tr. 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.. 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). It also provides that there may be additional dates for face-to-face bargaining, but this requires the mutual agreement of the parties. . 288), and Graham and Jones both acknowledged that no agreement was reached. 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. But the agency told the union that no final decision had been made about the relocation, and indeed the relocation did not occur. This decision was vacated and remanded in NLRB Union, Local 6 v. Around this time, an architecture firm, WDG, was selected to design the interior space at Half Street. Nonetheless, when the Union requested mediation, the Agency refused to participate. 2; Tr. 479. As for whether the parties reached agreement, Woodcock testified that the parties didnt come close to or even come to any kind of agreement or deal (Tr. 386-87; Jt. 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. No. We said we gave them notice of the change and conditions of employment. . 264). 278-79; GCEx. 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. 22 at 3-5. 431. On May 16, Jones advised the Union that mediation would be pointless[,] since we have moved forward in accordance with the GSAdirective. GC Ex. 141; GC Ex. 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. Ex. 2023 American Federation of State, County and Municipal Employees, AFLCIO, 43rd International Convention - Boston, MA (2018). 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. 74-75; GC Ex. We cant continue meeting on these things. David M. Prouty. 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. There are five people in total on the NLRBs board. The issue before me is whether, by participating in the two days of negotiations called for in the ground rules agreement, the Agency fulfilled its statutory duty to bargain concerning the relocation. 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. 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. 14 at 3. At that point, it was apparent to both parties that these decisions could not be made until much later in the relocation process, and indeed Union Proposals 35 and 36 sought to commit the parties to negotiations when they possessed the necessary information to resolve them, rather than in April, when both sides were buying a pig in a poke. Tr. . Since its inception in 1935, the NLRB has successfully defended the rights of private-sector employees across all types of industries. 8 at 2. 470. An overview of the similarities and the differences of the Federal Labor Relations Authority and the National Labor Relations Board. [T]here were some [Union] proposals that were left out of our counter that we werent able to agree to. Tr. Reasonable steps shall be taken to ensure that such Notices are not altered, defaced, or covered by any other material. The primary way in which the Respondent violated its duty to bargain in good faith was (as already discussed) its premature termination of negotiations on April 25. Third, the Agency failed to respond in writing to all of the Unions proposals, including the Unions proposal on furniture (Proposal 36). 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. 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. Another union, the National Labor Relations Board Professional Association (the Professional Association), represents about 120 employees at headquarters. Some of the drawings were dated April 9 (GC Ex. When parties agree to language that expressly waives the statutory right to bargain, the Authority will find that such language constitutes a waiver.. 17 at 1. 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. Jones replied that same day, conceding that the process has fallen slightly behind schedule.. 105, 233. Frequently, the two are used interchangeably and, in most day-to-day usage, the interchange of the two words is accepted and appropriate. . . . Jones replied that the design plans were the Agencys proposals. Unfortunately, we were not able to reach agreement. GC Ex. 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. Ex. 413. . At this time FLRA remains fully operational. . Tr. This is an unfair labor practice (ULP) proceeding under the Federal Service. The key question is whether additional bargaining (in which the good faith of both parties is presumed) might produce an agreement. This argument ignores the important difference between the text of the NLRA and the text of the FSLMRS. Gwynne A. Wilcox. 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. And indeed the relocation did not occur?, Federal difference between nlrb and flra Relations Professional... 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