In determining the meaning of an agreement, it is appropriate to consider whether (asthe Agency insists here) the agreement constitutes a waiver of a statutory right to bargain. According to Durkin, Sutton stated that the project was running behind schedule in design plans; at a later phase of the process, after construction drawings were made, theyd decide on furniture. Tr. The Union stands ready and willing to continue good faith bargaining regarding the HQ relocation at mutually agreeable future times and dates. 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. Tr. 233-34. The main dispute is what effect should be given to those terms on which the parties reach agreement: specifically, should they be effectuated retroactively or only prospectively? 29 at 1. 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. 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. Tr. Griffin acknowledged that that was a problem . 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. It did so by negotiating ground rules for bargaining over the relocation, and then by negotiating with the Union for the time allotted to negotiations in those ground rules. The most important decisions allocating space to each of the Agencys various departments, determining the size and number of offices, cubicles, and break rooms had already been made by the time the Union first saw the floor plans on April14. GSA signed a lease on behalf of the Agency, on January 29, 2014. for the Agencys new headquarters space, located in a newly constructed building at 1015 Half Street, S.E., Washington, D.C. (Half Street). The three members cannot be from the same political party. 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. 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 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. 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. Date: _________________ By: _______________________________________________ Chairman, National Labor Relations Board (Signature), Date: _________________ By: ______________________________________________ General Counsel, National Labor Relations Board (Signature). 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. At this time FLRA remains fully operational. . What Is a Right-to-Work Law, and How Does It Work? GC Ex. On February25, Jones provided Durkin some additional information about Half Street, but still did not provide any drawings. This individual is appointed by the president for a four-year term and functions independently from the board. 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. Substantive bargaining did not begin until the second day, at which time the parties discussed most of the forty-one proposals submitted by the Union. . 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. On February 5, Luther emailed Jones the Unions request to bargain over the relocation. Tr. 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. These activities are governed by a handful of federal and state laws, the most prominent being the National Labor Relations Act (NLRA). The relocation process involved a series of drawings that would increase in complexity as the project progressed. . At the same time, negotiations were also underway with the Union, Agency and FLRA to settle the Unions ULP charge. But the ULP also involved, and was of concern to, the Unions members outside the Washington, D.C., area, as the bargaining units are nationwide in scope and many of the Union negotiators worked outside Washington. 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. .. We cant continue meeting on these things. 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. [T]here were some [Union] proposals that were left out of our counter that we werent able to agree to. 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. 148-49, 168. Well meet today and tomorrow [April 23-24], and thats it. Tr. Thus the April 23 and 24 bargaining sessions scheduled in paragraph 2 were clearly not the only negotiations that the parties anticipated. . My Account Portal About Us National Labor Relations Act NLRB Process Board Rules & Regulations Board Rulemaking Careers 29. 236. Although both laws cover labor relations and rights, they . He repeated managements view that if the parties had continued negotiating, they might have been able to reach an agreement, or narrow the issues . 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. 13. 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. for commenting on the design drawings for Half Street. Tr. About 450 people work at its headquarters office in Washington, D.C. Tr. Jones offered the Union a chance to bargain over furniture by telephone, adding, As you may recall, we had some discussions about furniture during the negotiations that took place in April, and you may want to review the Agencys counterproposal of April 24 . 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. 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. 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. 468-71; Upon receiving the Agencys counterproposals, the Union team caucused to prepare its own response. 7101-7135. The key question is whether additional bargaining (in which the good faith of both parties is presumed) might produce an agreement. They requested bargaining. While the Union might have been able to figure out, from Joness repeated assertions, that the Agency would not agree to the Unions proposals calling for further bargaining (Union Proposals 35-40), it would nevertheless have been reasonable for the Agency to give specific written responses to the Unions proposals, or to offer its formula for handling these problems, so the Union could know where it stood. 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. Finally, the GC requests a nationwide posting. The fact that the parties disagreed. At the hearing, Durkin recalled: [W]e were incensed. But the Agency would not defer bargaining about furniture to a later time, as that would be like buying a pig in a poke. Tr. The Agency would have offices on the third through sixth floors. The Union team consisted of Julia Durkin, an attorney at the Agencys Denver Regional Office, who served as a local president and had bargained over an office move in Denver (Tr. The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). 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. The Authority has defined impasse as that point in negotiations at which the parties are unable to reach agreement.. Prior to this swing move occurring, the Agency and the Union engaged in formal negotiations and executed a Memorandum of Agreement on the subject on December11. The FLRA initially decided that disclosure was "prohibited by law" under 7114 (b) (4). 98-99. NLRB Deputy General Counsel Jennifer Abruzzo and Chief Financial Officer Ron Crupi then informed the union officials about financial aspects of the move. Tr. Br. . The Charging Party argues that the Respondent violated the Statute and that the Respondent should be ordered to return to the bargaining table participate in mediation conducted by the FMCS, if requested by the Union, and participate in proceedings before the Federal Service Impasses Panel, if agreement is not reached during renewed negotiations. 5 C.F.R. On Monday, April 21, the Union submitted forty-one bargaining proposals. The Authority has held that a retroactive bargaining order is appropriate where a respondents unlawful conduct has deprived the exclusive representative of an opportunity to bargain in a timely manner over negotiable conditions of employment affecting bargaining unit employees. The general counsel is responsible for supervising the NLRBs field offices and processing of cases as well as investigating and prosecuting unfair labor practices. Jt. Effective Friday July 31, 2020, the agency now extends the prohibition on in-person filings indefinitely. The NLRB continues to be in the news. Notwithstanding the lack of an agreement with the Union on the impact and implementation of the relocation, the Agency asserts that it fulfilled its bargaining obligation because (1) the Union had waived its right to bargain beyond April 24 by signing the ground rules agreement, and (2) the negotiations reached impasse on April 24. 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. Event Location: This training will be conducted virtually using WebEx during CST. . Tr. Workers who believe their rights have been violated, or who have witnessed an employer or union engaging in unlawful conduct, can contact one of these offices and file a charge. GC Ex. The Taft-Hartley Act is a 1947 federal law that limits the activities and power of labor unions. 108. 2423.32. In setting forth the distinction, Ill start with labor laws because they represent a much narrower area of law than employment laws. Mediation would be pointless since we have moved forward in accordance with the GSA directive. GC Ex. Shortly after Jones sent his email, the Union and Agency teams met briefly to gather their things and leave. 43 at 9, 23, 29, 36, 49), and others dated April 2 (. 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. One important difference between the two laws is the scope of the authorized collective bargaining process. 32 at 1. Are You Covered?, Federal Labor Relations Authority. In the practice of law, however, there is a distinction between the two, and it is important that anyone seeking the assistance of a lawyer know what that distinction is. Tr. Then the Agency advised the Union that GSA was forcing them to finalize all prospective changes to the floor plans within a matter of days. 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. 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. Later in the conversation, Luther testified, Jones said the Agency wanted to share the drawings with all of the parties at the same time, but they didnt have a sufficient number of the drawings at that point. Tr. In November 2021, the agency gave workers at an Amazon warehouse in Alabama a second shot at unionizing after concluding that the ecommerce giant interfered in the first election. 3; Tr. Jt. Labor Union: Definition, History, and Examples. 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). Mediation is, without a doubt, a form of bargaining. GC Ex. 32-33. I conclude that the November bargaining offer was not sufficient, for two reasons. , 41 FLRA at 350-51. 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 document began, The Union has not had sufficient time to create a complete counterproposal to the Agencys counterproposal of 4/24/14. we cant bargain all of these day-to-day decisions., With respect to Union Proposal 9 that employees who had worked in offices at Franklin Court would continue to have offices at Half Street (as opposed to the cubicles shown in the floor plans) Jones responded that Washington Resident Office employees would have offices, but that all of the support staff would be in 48 s.f. 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). Jt. Tr. . The NLRB has no independent statutory power to enforce its decisions and orders, but it may seek enforcement through a U.S. court of appeals. GC Ex. They were joined by Lennie, Abruzzo, and Robert Schiff, the Chairmans Chief of Staff. While denying that it had floor plans of the existing offices, the Agency prevented Union officials from taking. Ex. 264). 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. Investopedia requires writers to use primary sources to support their work. 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 . Fine, were obligated to bargain. He said today and tomorrow; thats it.. 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. The NLRB Process The National Labor Relations Board is an independent federal agency vested with the power to safeguard employees' rights to organize and to determine whether to have unions as their bargaining representative. We said we gave them notice of the change and conditions of employment. . Find a listing of FLRA contacts that you can call for more information. The premise of this argument is false: many of the Unions original proposals including Proposals 14 (frosted windows), 15 (locks on office doors), 20 (height of cubicles), 24 (task lighting) 25 (ergonomic task chairs), 26 (desks), 27(storage), 28 (coat hooks), 29 (phones), 30 (printers), 31 (restrooms), 32 (lactation rooms), 33 (storage for printers), 35 (color and style of flooring, carpeting, and walls), 36 (furniture), and 37 (moving arrangements) had little or nothing to do with the size or configuration of offices. Without strong labor unions, there can be no equity for working people. to be incorporated into the final Design Intent Drawings by May 9. 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. Issue. at 1, 5; The Respondent contends that it fulfilled its bargaining obligation under the Statute. . Tr. Last edited on 24 February 2023, at 17:23, independent agency of the United States government, Title 5 of the Code of Federal Regulations, Title 22 of the Code of Federal Regulations, Federal Mediation and Conciliation Service (United States), United States Merit Systems Protection Board, "The Statute: 7104. Created by the Civil Service Reform Act of 1978, it is a quasi-judicial body with three full-time members who are appointed for five-year terms by the President with the advice and consent of the Senate. 3290 (D.C. Cir. 335-36. 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. Find everything you need to know about filing a casewith the FLRA. As Luther described in her testimony, the five issues addressed in the Unions Initial response to Agencys counterproposal of 4/24/14 (GC Ex. 41, 194); and Katrina Woodcock, a senior field attorney in the Washington Resident Office (Tr. The Federal Labor Relations Authority (FLRA) has a similar mandate to the NLRB. 18, 19. On May 16, Jones advised the Union that mediation would be pointless[,] since we have moved forward in accordance with the GSAdirective. GC Ex. Its mission, in short, is to allow private-sector employees working for companies that do business across state lines to join forces and engage in activities such as protests or strikes with or without a union. Tr. On April 30, Larry Sutton informed Jones and others at the Agency advising that the GSA needed to receive any Management and Union changes to the space plan/layout . 401. 25 at 5, 7. What Is the Difference Between the National Labor Relations Board (NLRB) and the Federal Labor Relations Authority (FLRA)? Complaints are dealt with by regional offices and may be passed on to the five-team board, which acts as aquasi-judicial body. Concepts we will address include: Fourth, the parties were close to agreement on a number of issues. During this time period, the Agencys Facilities Department was engaged in numerous communications with the WDG architects regarding the drawings. Ex. . The National Labor Relations Board (NLRB) is an independent federal agency created in 1935 and vested with the power to safeguard employees' rights to organize, engage with one another to seek better working conditions, choose whether or not to have a collective bargaining representative negotiate on their behalf with their employer, or refrain Br. 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. GSA approved the increase, and the architects revised their drawings accordingly. 1959 Landrum-Griffin Act., National Labor Relations Board. It is their duty, when called upon, to hear labor disputes and resolve them through quasi-judicial proceedings. Durkin testified that around this time, the Union team told the Agency team that they were willing to continue bargaining, but we cant continue and expect to wrap up bargaining that night. Tr. Durkin and Luther complied. 162, 250, 285-86, 349-52, 474, 477; GC Ex. Durkin testified at the hearing that she had already requested much of this information, but had not received it, in earlier requests. LEARN MORE Introduction to the FLRA Register for Training eFiling Getting Started FILE A CASE But the Union had offered to provide the Respondent its counterproposals by April 30, and it is likely that the parties could have resolved many, if not all, of their disputes by May 9. 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 . A labor union is an organization that represents the collective interests of workers in negotiations with employers. No. . 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. Also, Jones acknowledged that [t]here wasnt a deadline on furniture for May 9th. Tr. . Durkin (along with Nixon and later Luther) responded, [N]o, the Agency has to continue bargaining. 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. 121. , Tr. Br. The GC and the Charging Party argue for a retroactive bargaining order, while the Respondent argues that a retroactive order would be inappropriate. at 41. 25. . 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. On April 17, the Union and the Agency exchanged communications (both verbally and in writing) that ultimately resulted in their reaching a ground rules agreement. Accordingly, the Union will submit a proposal and/or counterproposal to the Agencys 4/24/14 counterproposal on April 30, 2014. 112-14, 169. . Jt. We dont intend to waste our time, and that of a mediator, to engage in a useless undertaking.. . GC Ex. 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. None. National Labor Relations Board: 80 Years, Page 11. . The NLRB cannot open cases on its own. 5. The Union is most certainly willing to continue negotiations by any reasonable means . Tr. 127-28. Where they mainly differ is in the portion of the workforce they serve. The NLRB is an independent federal agency enforcing the National Labor Relations Act, which guarantees the right of most private sector employees to organize, to engage in group efforts to improve their wages and working conditions, to determine whether to have unions as their bargaining representative, to engage in collective bargaining, and to 30. President John F. Kennedy (Memorandum to the Heads of Agencies on Employee-Management Relations in the Federal Service, June 22, 1961). 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. 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. Tr. 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. On to the NLRB can not open cases on its own response project progressed a senior attorney. 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