3 at 1. We had only exchanged two [sets of] proposals. Tr. The Union declined to stay beyond 6:30 p.m., and the Agency declared that negotiations were terminated. 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 . Brief Fact Summary. Tr. A ULP is conduct by agencies or unions that violates rights that the Statute protects or the rules that it establishes. Tr. The duty to negotiate in good faith includes the obligation to approach the negotiations with a sincere resolve to reach a collective bargaining agreement and to meet at reasonable times and convenient places. The Respondent filed its Answer to the Complaint on February 6, 2015, denying that it violated the Statute. . 233-34. Theres a lot of technology out there that you can use for that sort of thing. Tr. Resp. . 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)a landmark piece of legislation designed to protect the rights of most private-sector employees to collectively bargain for better wages and working conditions with or without the help of a labor union. 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. 32-33. But I find the determination of the Authority in the, situation strikingly similar to ours, to be instructive and persuasive. 382-83. 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. 425. GCExs. The Agency denied the request, insisting that the ground rules limited bargaining to two days. 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. . The architects finalized design intent drawings in August. 16. She has conducted in-depth research on social and economic issues and has also revised and edited educational materials for the Greater Richmond area. While denying that it had floor plans of the existing offices, the Agency prevented Union officials from taking. Tr. Thus, paragraph 2 states, The parties will conduct two bargaining sessions at the Agencys current headquarters on the following dates: April 23 and 24. 4 at 9. 237-38. 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. David M. Prouty. What is the Purpose of the National Labor Relations Board (NLRB)? GC Br. 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. 32 at 1. Br. Tr. Unfortunately, we were not able to reach agreement. GC Ex. 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. GC Ex. The three members cannot be from the same political party. Tr. 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. 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. 30-31, 215-16); Lisabeth Luther, a compliance officer based in the Indianapolis Regional Office (Tr. 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. and it didnt fit. Tr. 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. Were not withholding any information. Tr. 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. 18, 19. 1935 Passage of the Wagner Act., National Labor Relations Board. Tr. GC Ex. , 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. Additionally, the evidence conclusively demonstrates that the parties had not reached impasse. 236. In, Once the Agency stopped bargaining on April 25, it began to unilaterally implement all manner of decisions related to the relocation. GC Ex. 8. . at 1, 5; The Respondent contends that it fulfilled its bargaining obligation under the Statute. . About two hours later, the Union team submitted five of its own counterproposals, which the Agency rejected. With regard to a remedy, the GC asks that I order retroactive bargaining. at 330. 3290 (D.C. Cir. Were moving from [Franklin Court] to . 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. 47 FLRA at326-27. This includes such matters as union organizing, collective bargaining negotiations, and unfair labor practice charges. OurRegional Offices investigate unfairlaborpractice charges, conduct union elections, provide training, and more. 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. The Agency cut bargaining off before this could happen. ", National Labor Relations Board. Durkin emailed the Agency team, thanking them for their time and stating, We could not reach a complete agreement by this evening, having not received the Agencys counter-proposals until 4:00 p.m. We will thoroughly review those proposals in the coming days in order to submit an appropriate response on April 30. GCEx. High-profile cases in which the NLRB has been involved include when it helped to end a baseball strike that culminated in the 1994 playoffs and World Series being canceled. Donna Nixon was scheduled to be on a flight that night. 202. The NLRB has two principal functions: protect employees from unfair treatment from employers, unions, or both, and give employees the freedom to choose union representation via secret ballot elections. . 471. 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. The FLRA initially decided that disclosure was "prohibited by law" under 7114 (b) (4). 134. 110-12, 363-64. Dec. 4, 1987), NLRB Union v. Federal Labor Relations Authority, 834 F.2d 191, 1987 U.S. App. 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. Around this time, an architecture firm, WDG, was selected to design the interior space at Half Street. The U.S. Court of Appeals for the D.C. 38. Tr. . What is the difference between NLRB and FLRA? Marvin E. Kaplan. Understanding the National Labor Relations Board (NLRB), National Labor Relations Board (NLRB) Responsibilities, National Labor Relations Board (NLRB) Structure, Examples of the National Labor Relations Board (NLRB) Defending Employee Rights. 236, 238. 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 It makes no sense for the Agency to use the ground rules to declare that bargaining was over, when those very ground rules enabled either party to initiate mediation. 4 at 9. 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. 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 . Meanwhile, Nixon and Luther pressed Jones about their need to obtain the drawings and review them in advance of negotiations, and about the Agencys failure to respond to the Unions proposed ground rules. On February 27, Durkin asked Jones about the drawings, and Jones said the Agency did not have any. We didnt get them I didnt get them till April 14th, when Troy Crayton passed them out to everyone. Tr. 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. Where they mainly differ is in the portion of the workforce they serve. National Labor Relations Board. 6. Tr. 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. 45. "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. (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. GC Ex. As an attorney, I am often asked what the difference is between employment law and labor law. The FLRA was adopted after President Jimmy Carter sought legislation to bring comprehensive reform to civil service system and regularize federal labor relations. [W]hen a respondent claims as a defense to an alleged unfair labor practice that a specific provision of the parties collective bargaining agreement permitted its actions alleged to constitute an unfair labor practice, the Authority, including its administrative law judges, will determine the meaning of the parties collective bargaining agreement and will resolve the unfair labor practice complaint accordingly. The Federal Labor Relations Authority(FLRA) has a similar mandate to the NLRB. NLRB Deputy General Counsel Jennifer Abruzzo and Chief Financial Officer Ron Crupi then informed the union officials about financial aspects of the move. Jones replied, Not on April 10th. 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. Another union, the National Labor Relations Board Professional Association (the Professional Association), represents about 120 employees at headquarters. With regard to the drawings, Jones stated, We have not yet received the final drawings from the architect.. Jones responded to Durkins request on February 10, providing a timeline for the move and floor plans of the Franklin Court building. 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 (. As already noted, the Respondent terminated negotiations on April 25. Declaring an impasse is significant, because it communicates to the opposing side that the time for invoking impasse procedures has arrived. The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). I guess we will have to agree to disagree about any further bargaining. marked the opening to broader compromises, but the Agency chose instead to close the book on bargaining. Ex. at 12. The Authority has defined impasse as that point in negotiations at which the parties are unable to reach agreement.. Bowen v. Michigan Academy of Family Physicians, Association of Data Processing Service Organizations, Inc. v. Camp, Clarke v. Securities Industry Association, FTC v. Standard Oil Company of California, Ohio Forestry Association, Inc. v. Sierra Club, NLRB Union v. Federal Labor Relations Authority, NLRB Union v. Federal Labor Relations Authority, 834 F.2d 191, 266 U.S. App. . . informed the Union that the Respondent had fulfilled its obligation to bargain regarding the headquarters office move, and that [s]ince on or about April 25, 2014, and May 15, 2014, the Respondent has failed and refused to negotiate with the Union over the headquarters office move to the extent required by the [S]tatute, in violation of 7116(a)(1) and (5) of the Statute. . On February 5, Luther emailed Jones the Unions request to bargain over the relocation. 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. 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. 413. Event Location: This training will be conducted virtually using WebEx during CST. We certainly would have done that. 129. 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. This isnt to say that there are no attorneys that are able to successfully practice both employment and labor law. But this interpretation requires an emphasis on selective phrases in the agreement, at the expense of its context. GC Ex. 23. Clearly, the Respondents national office was involved in this ULP, which involved negotiations over the relocation of its national headquarters. Jones, by contrast, testified that the parties reached impasse on April 24, [w]hen the Union got up and walked out. Tr. 39. , 41 FLRA at 350-51. 409; On April 7, an architect from WDG emailed Crayton and Graham the latest drawings, for their review and comment. It then listed five Union counterproposals (which are set forth in the appendix). We also reference original research from other reputable publishers where appropriate. These issues could and should have been addressed by the parties through bargaining at subsequent times over the next several months, right up to the date the NLRB finally moved to Half Street. 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. . The list of these laws is long and growing. was very similar to Agency counterproposal 10, except that the Unions counterproposal specifies that the office would be consistent with the current design reflecting 108SF. Further, Union counterproposal 4 (coat hooks) is similar to Agency counterproposal 16, except that the Union added that it reserves the right to bargain and make proposals for other Unit employees who may have offices or cubicles in the new building. GC Exs. The Union is most certainly willing to continue negotiations by any reasonable means . One example of such a proposal was Union Proposal 36, requiring bargaining over furniture at a later time. GC Ex. (All communication between the parties was by email, unless otherwise noted.) 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. Union Counterproposal 1, pertaining to an office for the Washington Local. . 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. 233), and officials of both unions asked that they be given copies of the exercises that had been done, so that the unions could evaluate the feasibility of different alternatives. 12. Know Your Legal Rights Before Your Start, Positive Communication: How to Elevate Customer Experience, Age Discrimination in Employment Act (ADEA), The Myth of the Two Weeks Notice Requirement. The chairman is also ex officio chairman of the Foreign Service Labor Relations Board. 36 at 1; On May 6, the Union submitted an information request asking for information about the size and type of workspace each employee had at Franklin Court, and the size of building space at Franklin Court not specifically assigned as personal workspace, among other things. 326-27. 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. Thus the April 23 and 24 bargaining sessions scheduled in paragraph 2 were clearly not the only negotiations that the parties anticipated. Meanwhile, the Agency continued to make decisions with the architects concerning design aspects of the new offices, and while the Union participated in some discussions about these issues as members of the Agencys Space Advisory Committee, those discussions did not constitute bargaining within the meaning of the Statute. Jones added that bargaining other than face-to-face bargaining would present a number of practical difficulties, saying, We couldnt possibly try to negotiate a subject as complicated as the complete relocation of the Agencys headquarters by email or telephone. GC Ex. . Despite significant differences between the parties' proposed telework arrangements, both parties identified maximizing telework opportunities for bargaining unit employees as a primary interest. 5 C.F.R. On the other hand, if the Agency had not yet implemented its plans concerning furniture for the new headquarters in late November, the question arises whether its offer to bargain on this issue on November 24 satisfied its duty to bargain. However, in an attempt to reach an agreement or at least narrow the issues, the Agency offered to continue bargaining into the night. NLRB, the National Labor Relations Board, is an independent federal agency vested with the ability to safeguard employees' rights to organize and to determine whether to have unions as their bargaining representative. The Agencys bargaining team consisted of managers based at headquarters, and the Agencys executive leadership inserted itself into the dispute more than once. Third, the Agency failed to respond in writing to all of the Unions proposals, including the Unions proposal on furniture (Proposal 36). bargaining sessions on April 23 and 24, and it further provided that [b]y mutual agreement, the parties may agree to additional dates for face-to-face bargaining. GC Ex. Durkin testified at the hearing that she had already requested much of this information, but had not received it, in earlier requests. Nonetheless, their disagreement about the meaning of paragraph 2 of the ground rules agreement became evident almost immediately. Finally, it should be emphasized, as the Authority did in. The two had similar exchanges on March 10 and 24. Graham indicated that this decision didnt need to be made until the move-in date, prompting Durkin to argue, this is why we need to continue bargaining after today. GC Exs. Tr. 32, 264. 113. Tr. The President can designate the Chairman with no separate Senate confirmation required. 274-75. I also believe that in these factual circumstances, the Union should, as the court envisioned in. . What Is the National Labor Relations Board (NLRB)? Ex. 109. 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. 108. 127-28. 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. Before the days session ended, Jones asked Durkin why the Union had not spent the day talking about its written proposals. . 431. 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. Nonetheless, when the Union requested mediation, the Agency refused to participate. In this vein, the Agency continued to submit changes to the design drawings to GSA and to make decisions about furniture options (most significantly, adopting GSAs FIT program, which drastically limited the remaining furniture choices), window and glass treatments, lighting, and cubicle height. 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. 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. Griffin acknowledged that that was a problem . 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. 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. 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 FLRA is charged with safeguarding. 450. Effective Friday July 31, 2020, the agency now extends the prohibition on in-person filings indefinitely. 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. 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. All of the Unions proposals relating to size and configuration were dismissed out of hand by Jones, and the Unions refusal to accept his rejection of those proposals was interpreted as intransigence. 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. Lauren M. McFerran, Chairman. the background and history of the move, and talked about it being a very tight timeline, tight monetary restrictions. Tr. Isogai indicated that there had been a number of iterations of the drawings (Tr. The Agencys chief negotiator asserted frequently during the bargaining sessions, and again at the hearing, that because the ground rules agreement specified that bargaining would occur on April 23 and 24, the Agency was entitled to stop bargaining after April 24, without regard to whether the parties had bargained to agreement or impasse, and without regard to whether further changes in conditions of employment occurred after April 25. Durkin suggested that the Agency install an additional nursing room on the third floor, and asked whether workstations could be moved next to a window. Tr. Employers and employees seeking help with labor or employment matters would be well-served to ensure they hire an attorney that specialize in the area of law for which they need the help. 159-61; GC Ex. 112-14, 169. Once the Agency and the Union began negotiating in this case, it is clear that they did not reach agreement. On Friday afternoon, November 21, Jones informed the Union that that the Agency was finalizing its furniture order for Half Street. First, a party who possesses standing can challenge the regulations directly on the ground that the issuing agency acted in excess of its statutory authority in promulgating them. . 135, 429; GC Ex. 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. The chart below details steps in the unfair labor practice process. 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. 121. 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. 3; Tr. . 98-99. 288), and Graham and Jones both acknowledged that no agreement was reached. . This decision was vacated and remanded in NLRB Union, Local 6 v. 39. Later that day, Woodcock met with NLRB General Counsel Griffin in his office. In the afternoon, our team worked as quickly as possible to prepare a good-faith counterproposal in which we tried to address the Unions concerns. The NLRB works mainly with the private sector; the NLRB administers the National Labor Relations Act through conducting elections to determine if employees want union representation in addition to investigating and remedying unfair labor practices by employers and unions (United States Department of Labor, n.d.). LEARN MORE Introduction to the FLRA Register for Training eFiling Getting Started FILE A CASE It was during this period of time that the Union could have been afforded a similar opportunity to add its perspective and interests into the discussion that was going on between the Agency and the architects. Finally, the GC requests a nationwide posting. 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. 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