318. I conclude that the November bargaining offer was not sufficient, for two reasons. As part of this process, the Agency established the Space Advisory Committee around November 2012. The Agency denied the request, insisting that the ground rules limited bargaining to two days. 30 at 3) were highlighted by the Union team in the late afternoon of April 24, because these were issues where there was common ground . The NLRBs objective is to safeguard most private-sector employees rights to bargain for better wages and working conditions, either with or without a union. 47 FLRA at326-27. 14 at 3. Watch free online FLRA trainings on our Youtube channel and dont forget to subscribe to receive updates on new videos. Tr. 275; On April 28, Lennie offered further discussions about the BUs concerns that week, and the Union accepted. 40. Where they mainly differ is in the portion of the workforce they serve. 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. However, we are willing to tentatively agree to the following parts of the Agencys counterproposal, with the following changes. GC Ex. GC Ex. Durkin and Nixon reiterated their disagreement, with Nixon telling Jones, we dont have your proposals even. Tr. GC Ex. 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. Synopsis of Rule of Law. The key question is whether additional bargaining (in which the good faith of both parties is presumed) might produce an agreement. Woodcock testified that Griffin started out by discussing . 7101-7135 (the Statute), and the Rules and Regulations of the Federal Labor Relations Authority (the Authority or FLRA), 5 C.F.R. 236. In the proposed ground rules, the Union called for an initial bargaining session. GC Ex. The list of these laws is long and growing. . Once the Agency and the Union began negotiating in this case, it is clear that they did not reach agreement. As for who should sign the notice, the Authority typically directs the posting of a notice to be signed by the highest official of the activity responsible for the violation. 34. 29 at 3-4. Durkin continued: As weve stated over the past two days, we do not agree that negotiations have concluded entirely merely because our two face-to-face bargaining, Agencys counter-proposals and reach an agreement on all of the subjects. When they have agreed on an issue, the presumption should be to implement it retroactively, although the Union will have to weigh the feasibility and the cost of retroactivity, insofar as it affects what the Agency may otherwise be able to agree to, in the overall agreement. 43-44, 323, 404; GC Ex. Sotomayors Baseball Ruling Lingers, 14 Years Later., The Washington Post. It then listed five Union counterproposals (which are set forth in the appendix). On Monday, April 21, the Union submitted forty-one bargaining proposals. 8. 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. 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. Tr. The relocation process involved a series of drawings that would increase in complexity as the project progressed. 14 at 3. The FLRA is charged with safeguarding the rights of certain non-postal federal employees, while the NLRB protects the rights of most private-sector employees. First, on the morning of April 24, the Agency revealed that it lacked information on, and had not made decisions about, issues pertaining to frosted glass (Union Proposal 14), cubicle height (Proposal 20), task lighting (Proposal 24), coat hooks (Proposal 28), and furniture (Proposal 36). 221. . The National Labor Relations Act (NLRA) was passed in 1935 and later amended by the Labor Management Relations Act (LMRA), also known as the Taft-Hartley Act, in 1947. 428. A labor union is an organization that represents the collective interests of workers in negotiations with employers. 12 at 1. 182-86; GC Ex. Find everything you need to know about filing a casewith the FLRA. Although the NLRA covers most employers, it does not . 141; GC Ex. 450. At 6:11 p.m., the Union sent the Agency a document titled Unions Initial response to Agencys counterproposal of 4/24/14. Tr. Accordingly, I recommend that the Authority adopt the following Order: Pursuant to 2423.41(c) of the Rules and Regulations of the Authority and 7118 of the Federal Service Labor-Management Relations Statute (theStatute), the National Labor Relations Board (the Agency) shall: (a) Terminating bargaining over the relocation of its headquarters office prior to reaching an agreement or prior to reaching an impasse with the National Labor Relations Board Union (the Union). Tr. The Respondent notes next that the Union withdrew its five initial counterproposals on April 29. One member is appointed by the President to serve as chairman, chief executive officer, and chief administrative officer of the FLRA. I guess we will have to agree to disagree about any further bargaining. 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. 135, 429; GC Ex. If there came a point where we could starting initialing off on things, then we would have done that, but we were too early on. 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. . As for whether the parties discussed the issue of furniture, Jones stated, When we walked through the initial proposals of the Union . At the FLRA, decisions have been made on representation cases despite the union-petitioner withdrawing and mooting the cases; and, Employers in the private sector routinely hire union busters and use legal strategies to stall representation elections, and even after unions win an election, employers delay the bargaining process to frustrate workers efforts to secure a first contract; and. 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. 2; Tr. 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 The Board. . Tr. Tr. When workers are stripped of union protections, wages stagnate or decline, and inequities grow. Nonetheless, the union and the GCargued that the agency was obligated to begin bargaining once the relocation was contemplated., . 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 . 288), and Graham and Jones both acknowledged that no agreement was reached. Tr. 401. 109-10, 256-57. Tr. Tr. Around this time, an architecture firm, WDG, was selected to design the interior space at Half Street. 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. . Jt. 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. 25. Concurrence. Before the days session ended, Jones asked Durkin why the Union had not spent the day talking about its written proposals. . Jones also acknowledged on the morning of April 25 that there was more bargaining for the parties to do, when he faulted the Union for ending talks at 6:30 p.m. GC Ex. . 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. Finally, the GC requests a nationwide posting. GC Ex. The GC and the Charging Party argue for a retroactive bargaining order, while the Respondent argues that a retroactive order would be inappropriate. 166. Tr. [on] the 24th, we walked through each of these and there was some general discussion. Dec. 4, 1987). We didnt get them I didnt get them till April 14th, when Troy Crayton passed them out to everyone. Tr. In response to an inquiry about the Unions recent information request, Jones told the Union team: Once again, I want to make our position clear that we have fulfilled our obligation to bargain over the effects of the headquarters relocation under both the Statute and the ground rules agreement. Regional Offices., National Labor Relations Board. 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. Ex. 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). 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, . 3290 (D.C. Cir. In an exchange of emails between the Union and Saunders on May5, Luther reiterated the Unions interest in mediation to assist us in resolving the issues with the Agency, and she suggested the week of May 13th for that purpose. If employees have any questions concerning this Notice or compliance with its provisions, they may communicate directly with the Regional Director, Chicago Region, Federal Labor Relations Authority, whose address is: 224 S. Michigan Ave., Suite 445, Chicago, IL 60604, and whose telephone number is: (312) 886-3465. According to its website, the NLRBs core duties are: The NLRB is a fairly small agency, with 26 regional offices dotted across the United States. The Unions two other counterproposals were very similar to Agency proposals, indicating that further discussions could have led to an agreement. 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. You can find out more about our use, change your default settings, and withdraw your consent at any time with effect for the future by visiting Cookies Settings, which can also be found in the footer of the site. 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 . GC Exs. Ch. The FLRA was adopted after President Jimmy Carter sought legislation to bring comprehensive reform to civil service system and regularize federal labor relations. The Agency isnt even prepared to make decisions on these aspects[] of the relocation. Tr. File a case with the FLRA, including unfair labor practice charges, arbitration appeals, and requests for impasse assistance. To make matters worse, the Union was told that it only had a few days to make any further comments on the floor plans, and that all issues relating to the move had to be negotiated in that time even issues that were not tied to the Agencys final comments on the floor plans. GC Ex. 51 at 7. Who We Are.. . At this time FLRA remains fully operational. . Find a listing of FLRA contacts that you can call for more information. Upon receipt of such forms, they shall be signed by the General Counsel and the Chairman of the National Labor Relations Board, and shall be posted and maintained for sixty (60) consecutive days thereafter, in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted, nationwide. At the Agencys headquarters, the Union represents about sixty-two employees. 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. Further, almost half of the Unions original proposals (the same sixteen that I enumerated above) were not tied to the May 9 deadline. Durkin and Nixon asked more questions, most of them directed at Graham, regarding changes that could be made to the drawings. 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. 2423.32. I believe that by deleting the word initial from the Unions draft language of paragraph 2, Jones intended to phrase the ground rules to suggest a fixed period for bargaining, but there is no evidence that this point was actually discussed by the parties during the negotiation of the ground rules. Tr. 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. A right-to-work law gives workers the freedom to choose whether or not to join a union in their workplaces. Meanwhile, it withheld from the Union the ongoing dialogue between Agency officials and the new buildings architects about the proposed plans for the new headquarters. Jones replied, Not on April 10th. Learn more about federal labor-management relations, including unfair labor practices, representation matters, impasses, and negotiability. . 123-24. GSA approved the increase, and the architects revised their drawings accordingly. There are five people in total on the NLRBs board. The Agency offers two primary justifications for its actions: itargues that the Union waived its right to further bargaining when it agreed to the ground rules, and it further insists that when the second day of bargaining ended, the parties had reached impasse. 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. Issue. and it didnt fit. Tr. . This individual is appointed by the president for a four-year term and functions independently from the board. The Authority has held on a number of occasions that after an agency has unilaterally implemented changes in conditions of employment, subsequent offers to bargain over the changes do not cure the statutory violation, and post-implementation actions are irrelevant. Ex. Fine, were obligated to bargain. That AFSCME will publicize how the current NLRB and FLRA are enforcing our federal labor laws to hinder, rather than promote, collective bargaining. 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. An overview of the similarities and the differences of the Federal Labor Relations Authority and the National Labor Relations Board. 202. The FLRAs one-stop shop for all things training with upcoming in-person events near you, YouTube videos, agency training contacts and more. 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. . On Wednesday, April 23, the Unions bargaining team met with Agency representatives Jones and Graham. to be incorporated into the final Design Intent Drawings by May 9. However, the Unions action was precipitated by the Agencys rejection of those counterproposals, even though they reflected nearly full agreement on those five issues, and by the Agencys declaration that bargaining was over. Tr. Tr. This is an unfair labor practice (ULP) proceeding under the Federal Service. , retain . The Respondent alleges that after meeting with the Union negotiating team on April22 and then bargaining with them on April 23 and 24, the parties had reached impasse, as neither party had budged an inch on its proposals on the size and configuration of space. Resp. The 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. 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. 428, 477. Durkin replied that we anticipate continuing bargaining, and that the Union was focusing here now on time sensitive issues like the size of offices, but we anticipate bargaining over these things into the future. 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. 13, 15. . 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. He said today and tomorrow; thats it.. Declaring an impasse is significant, because it communicates to the opposing side that the time for invoking impasse procedures has arrived. The National Labor Relations Board (NLRB) and the Federal Labor Relations Authority (FLRA) no longer deliver on their respective statutory mandates to protect the rights of workers to form, join and support a union and encourage the practice and procedure of collective bargaining; and. 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. First, the Agency had already made the decision, with GSA, to utilize GSAs FIT program, which significantly narrowed the remaining options for furniture. But this interpretation requires an emphasis on selective phrases in the agreement, at the expense of its context. 6. (c) In addition to physical posting of paper notices, the Notice shall be distributed electronically, such as by email, posting on an intranet or internet site, or other electronic means, if the Agency customarily communicates with employees by such means. The second method is to petition the agency for amendment or rescission of the regulations and then to appeal the agencys action. encompassed in those proposals. In the afternoon, bargaining teams from the two unions (along with several interested NLRB managers) attended a series of briefings. Nor should it be construed . The Respondent argues that its actions were justified, given the fact that it was under pressure to give the architects comments on the preliminary drawings by May 9. As the GC has noted, between February 5 and April 14 the Union repeatedly requested preliminary drawings of the new offices floor plans and details regarding the size and configuration of the existing offices of bargaining unit employees. During bargaining, Jones would be joined by Jessica Graham, Assistant Chief of the Space Management Section, Facilities Branch; Andrew Krafts, Deputy Chief Counsel to Member Nancy Schiffer; and Rachel Lennie, an Assistant General Counsel. 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). (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. ", National Labor Relations Board. An allegation of a procedural infirmity will not be heard outside of the statute of limitations period. 264). If the Union did not waive its right to bargain beyond April 24, the Agency was required to bargain until it reached agreement or impasse. 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. counterproposal, the Union was withdrawing its counterproposal and reverting to its original proposals of April 21. . $19.95 Buy and instantly download this paper now. . 274-75. During this time period, the Agencys Facilities Department was engaged in numerous communications with the WDG architects regarding the drawings. Discussions could have led to an agreement approved the increase, and architects! Five initial counterproposals on April 28, Lennie offered further discussions could have led to an agreement spent the talking. To civil service system and regularize federal labor relations expense of its context would increase in complexity as project! 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