Durkin and Nixon asked more questions, most of them directed at Graham, regarding changes that could be made to the drawings. ", National Labor Relations Board. The NLRA, otherwise known as the Wagner Act, is one of the most groundbreaking labor laws ever enacted in the United States. However, Lennie indicated that the Agency would look into seeing whether they could find additional space for more stalls. 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. About two hours later, the Union team submitted five of its own counterproposals, which the Agency rejected. 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. Donna Nixon was scheduled to be on a flight that night. 275; On April 28, Lennie offered further discussions about the BUs concerns that week, and the Union accepted. 236. The general counsel is responsible for supervising the NLRBs field offices and processing of cases as well as investigating and prosecuting unfair labor practices. Tr. 24. . Should those rights not be respected and lead to unfair treatment, its the NLRBs job to investigate and, if necessary, take action. . Accordingly, the evidence does not support the notion that in negotiating the ground rules, the Union made a conscious choice, after a full discussion of the issue, to establish a strict time limit of April 24 for negotiations. Conduct Elections 237-38. 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. 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. 96-97. We had stated directly in our proposals for a tentative agreement that we were willing to bargain by any. 34. full proposals. 47 FLRA at326-27. Since the Union had been actively pursuing mediation, the Union team understood this to mean that the Agency was refusing to engage in mediation. (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. 5. 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. Jones first stated that he still did not have the drawings, and he recommended that the bargaining sessions scheduled for the following week be postponed. . Ex. Well meet today and tomorrow [April 23-24], and thats it. Tr. 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. . . Ithink the idea was we would exchange . Since the Respondents ULP in this case was its improper termination of bargaining over the impact and implementation of the proposed relocation, it is clear that an appropriate remedy must (among other things) order the Agency to return to the bargaining table and resume negotiations from the point at which they ended on April 24. Employees can file a charge against and employer and labor union at one of its 26 regional offices and the NLRB will investigate. 386-87; Jt. And so we went through . 106. 1935 Passage of the Wagner Act., National Labor Relations Board. to be incorporated into the final Design Intent Drawings by May 9. What We Do., National Labor Relations Board. Learn more about federal labor-management relations, including unfair labor practices, representation matters, impasses, and negotiability. Theres a lot of technology out there that you can use for that sort of thing. Tr. 409; This evidence shows that there was a significant period of time prior to April 14 in which the Agency was able to make meaningful changes in the size and configuration of the office space at Half Street. The Railway Labor Act (RLA) was passed by Congress 9 years before the National Labor Relations Act (NLRA): 1926 and 1935 respectively. The FLRA is charged with safeguarding. 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. 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. The National Labor Relations Board is a federal agency that enforces the National Labor Relations Act. . 42 at 1. When asked at the hearing whether the Agency had made decisions with regard to furniture at the time of the April negotiations, Jones said, No. Tr. GC Ex. . 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. Nonetheless, the union and the GCargued that the agency was obligated to begin bargaining once the relocation was contemplated., . Jt. On May 9, Lennie gave the Union a list of the location and size of each employees workspace at Franklin Court. 23 at 11-12, 15-16, 27-32), and some were dated April 11 (. 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. Based on the entire record, including my observation of the witnesses and their demeanor, I make the following findings of fact, conclusions of law, and recommendations. Tr. This is just one of a series of examples of the kind of power that the NLRB possesses. Find a listing of all of the FLRA's current job openings. . 468-71; Upon receiving the Agencys counterproposals, the Union team caucused to prepare its own response. However, we are willing to tentatively agree to the following parts of the Agencys counterproposal, with the following changes. GC Ex. Are You Covered?, Federal Labor Relations Authority. This briefing concluded the days activities. . 91. 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. the advantage conferred by the privilege to retain or waive its right to retroactive application of bargaining terms. 856 F.2d at 299. Tr. Complaints are dealt with by regional offices and may be passed on to the five-team board, which acts as aquasi-judicial body. With regard to whether the ground rules agreement limited bargaining to April 23-24, Jones testified that he removed the word initial from the Unions proposed ground rules, stating, I wanted people to understand . and . 109. 121. to negotiate before a firm decision had been made to relocate.. Based on feedback from committee members at the October 15 meeting, the Agency successfully appealed to GSA officials for expanded furniture options; the Agency needed to solicit and obtain employee preferences regarding types of furniture by December 3. On Monday, April 21, the Union submitted forty-one bargaining proposals. The evidence thus shows overwhelmingly that the parties had not reached impasse at any time, and that mediation might have been exactly what the parties needed to bridge their differences. at 1, 5; The Respondent contends that it fulfilled its bargaining obligation under the Statute. 148-49, 168. The two had similar exchanges on March 10 and 24. and agreed to get it to us as soon as he was able to. Tr. An agencys regulations may be attacked in two ways after the statute of limitations has expired. 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. . As we said several times throughout the course of the day, we were willing to work late last evening in an attempt to reach an agreement, or narrow the issues, but the Union team was unwilling to continue beyond 6:30. Durkin (along with Nixon and later Luther) responded, [N]o, the Agency has to continue bargaining. 105. 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. FLRA vs. NLRB. 33, 42-43, 403; GC Ex. It then listed five Union counterproposals (which are set forth in the appendix). Before the days session ended, Jones asked Durkin why the Union had not spent the day talking about its written proposals. These include white papers, government data, original reporting, and interviews with industry experts. The Chicago Regional Office of the Federal Labor Relations Authority offers this training to parties involved in "change bargaining" under the Federal Service Labor-Management Relations Statute. . The chairman is also ex officio chairman of the Foreign Service Labor Relations Board. 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. . On the first day of the hearing, the GC moved to amend the complaint to allege, On April 25, 2014, and on May 15, 2014, the Respondent . 3; Tr. My Account Portal About Us National Labor Relations Act NLRB Process Board Rules & Regulations Board Rulemaking Careers 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. The Agency could not sincerely claim that the parties were at impasse until they had engaged in full-fledged negotiations over those additional counterproposals. Jt. If complete agreement is not reached after the conclusion of negotiations, either party may request mediation from the Federal Mediation and Conciliation Service (FMCS). 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. In accordance with directives from the General Services Administration (GSA), the Agency was authorized to lease no more than 155,000 rentable square feet of office space, nearly a 40% reduction from the 247,219 square feet it leased at Franklin Court. 43 at 9, 23, 29, 36, 49), and others dated April 2 (. , the agency must allow a reasonable time for the bargaining process to occur. 90-91. . Starting in January and continuing through (and beyond) April, Agency officials engaged in extensive discussions with GSA, the new landlord, and the architects regarding the amount of space it would occupy in the new building, and the configuration of that space, and the Agency consciously froze the Union out of this process entirely. 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. Tr. 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. 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. 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. 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. The Union told Jones that there were a number of ways to bargain. 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 . [T]here were some [Union] proposals that were left out of our counter that we werent able to agree to. Tr. 7101-7135. [on] the 24th, we walked through each of these and there was some general discussion. According to Durkin, Abruzzo stated that the project was up to $20 million over budget and that the more delay there is, the more this will cost. Tr. 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. On May 16, Jones advised the Union that mediation would be pointless[,] since we have moved forward in accordance with the GSAdirective. GC Ex. . The document began, The Union has not had sufficient time to create a complete counterproposal to the Agencys counterproposal of 4/24/14. Also, according to Durkin, Lennie told attendees that they had been working with the architects for months to try to fit everything in, and that they had received design drawings a month prior and . Describing this part of the bargaining session, Durkin testified that it appeared that the design was fluid, and that changes were still being contemplated . Jones, by contrast, testified that the parties reached impasse on April 24, [w]hen the Union got up and walked out. Tr. 43-44, 323, 404; GC Ex. 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. Its your bargaining obligation to continue bargaining over these aspects. Tr. As already noted, the Respondent terminated negotiations on April 25. 11 at 1. An overview of the similarities and the differences of the Federal Labor Relations Authority and the National Labor Relations Board. 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. But this interpretation requires an emphasis on selective phrases in the agreement, at the expense of its context. 40. 425. Thats a change in conditions. . They were joined by Lennie, Abruzzo, and Robert Schiff, the Chairmans Chief of Staff. 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 . at 30. 137; GC Ex. On April 16, the Union submitted a second information request, asking for documents showing the specific spaces and offices assigned to bargaining unit employees and to the Union in the new building; the rooms and spaces assigned for common purposes and as other than personal workspace; and the locations and dimensions of these spaces. . 12; Tr. 23. . there has to be an end point. and it didnt fit. Tr. . 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, . GC Ex. 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. Isogai indicated that there had been a number of iterations of the drawings (Tr. . Further, almost half of the Unions original proposals (the same sixteen that I enumerated above) were not tied to the May 9 deadline. As for whether the parties discussed the issue of furniture, Jones stated, When we walked through the initial proposals of the Union . $19.95 Buy and instantly download this paper now. Ex. 18, 19. 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. . This article incorporates public domain material from the United States Government. If the parties had truly intended to establish a fixed time period for the negotiation of all issues related to the Agencys relocation, it could have done so, simply by stating that April 24 would be the last day for bargaining and by further specifying a fixed period for engaging in mediation and invoking FSIP assistance. Br. 1(a). Additionally, the bargaining with the Union over furniture lasted for only one day, November 24, and it ended without an agreement or evidence of an impasse. 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. I guess we will have to agree to disagree about any further bargaining. About NLRB., National Labor Relations Board. The Union is a labor organization within the meaning of 7103(a)(4) of the Statute and is the exclusive representative of two bargaining units of the Respondents employees. 479. You can find all of ourresources in one convenient spot, including guides, FAQs, forms, and more. 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. GC Ex. Tr. 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. GC Ex. Find a listing of all of the FLRA's current job openings. Jones asked Durkin and Luther not to, saying, You agreed to a visual inspection and thats what we expect this to be. Tr. On February25, Jones provided Durkin some additional information about Half Street, but still did not provide any drawings. About 450people work at its headquarters office in Washington, D.C. Tr. Labor-Management Relations Statute, Chapter 71 of Title 5 of the U.S. Code, 5 U.S.C. The FLRAis the federal public sector counterpart to the National Labor Relations Board (NLRB), which governs labor relations between private sector employees and employers. View the legislative history of the Federal Service Labor-ManagementRelations Statute, the Civil Service Reform Act, andthe Foreign Service Act. The next day, Luther informed Jones, In light of your rejection of our . 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. Event Location: This training will be conducted virtually using WebEx during CST. Half Street. Tr. 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. What is the difference between NLRB and FLRA? 1(c). At this time FLRA remains fully operational. Between April 29 and May 12, Union officials attempted to initiate mediation of the dispute with the FMCS. . Tr. If the Agency had not cut off bargaining, the parties could easily have reached agreement on these points. But since this is the agencys problem and not the unions, the union often has only a more or less passive interest in how the agency arranges to fulfill its obligation as long as it does fulfill it. Ex. . GC Ex. In the proposed ground rules, the Union called for an initial bargaining session. Also on April 14, an architect at WDG provided Jones with updated drawings for Half Street. D.C. 165, 126 L.R.R.M. the judges discussion of the agencys duty to allow a reasonable time for the bargaining process to occur. 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. the background and history of the move, and talked about it being a very tight timeline, tight monetary restrictions. Tr. Published on May 23, 2006 in Law ( Labor ) , Business ( General ) Tweet. 199. 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. Vikki Velasquez is a researcher and writer who has managed, coordinated, and directed various community and nonprofit organizations. In the months after unilaterally and unlawfully terminating bargaining on April 25 and refusing mediation on May 16, the GC asserts that the Agency proceeded to make and implement unilateral decisions concerning the relocation decisions on issues that were addressed (but not resolved) in the April negotiations, and that should have been negotiated with the Union. Let us know what you think about our new and improved website by emailing us at EngagetheFLRA@flra.gov. The parties will conduct two bargaining sessions at the Agencys current headquarters on the following dates: April 23, 2014 from 9:00 a.m. to 5:00 p.m. April 24, 2014 from 9:00 a.m. to 5:00 p.m. 7. On March 14, Durkin proposed two consecutive days of face-to-face bargaining, to occur on April 16 and 17. 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. David M. Prouty. . 14 at 3. Tr. 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. GC Ex. They include federal laws such as the: State laws that are typically considered employment laws include each states various wage and hour laws, wage payment laws, and leave laws. 14 at 3. 4 at 9. Since seven months went by after that declaration, with no negotiations, the Agencys limited offer to bargain in November was far too little, and extremely late. 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. . Unlike the Unions proposed ground rules, the Agencys proposals did not refer to an initial bargaining session.. 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. Our bottom line view at this point is that we have fulfilled our obligation to bargain under the terms of [the] ground rules agreement. 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. Because the negotiating table is so steeply slanted toward the Agency (due to its unilateral implementation of so many details of the relocation), a presumption of retroactivity is needed to restore the conditions that existed when negotiations began. The obligation to bargain over a relocation arises when a lease is signed (if not earlier) and the union requests to bargain. We also reference original research from other reputable publishers where appropriate. 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 FLRA is an independent administrative federal agency that administers the labor-management relations program for 2.1 million non-postal federal employees worldwide. This Notice must remain posted for sixty (60) consecutive days from the date of posting and must not be altered, defaced, or covered by any other material. Unfortunately, the record developed by the parties is far from ideal, making choosing between Presence with a Purpose and the 8-2 schedule difficult. 30 at 3. Since its inception in 1935, the NLRB has successfully defended the rights of private-sector employees across all types of industries. 109-10, 256-57. 418. Therefore, it could hardly be said on April 24 that further negotiations would be fruitless; on the contrary, further negotiations were inevitable. The FLRA was adopted after President Jimmy Carter sought legislation to bring comprehensive reform to civil service system and regularize federal labor relations. 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. 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