22. On March 10, Durkin noted that the construction schedule called for final DIDs to be submitted by March 13, and for Agency review and approval to be completed by March 27, yet the Agency had not even begun ground rules negotiations with the Union; she asked how the Agency intended to provide a reasonable amount of time for bargaining with the Union, in light of these facts. . Tr. On January 31, the Union informed the Agency that it had assembled a team to bargain over the move. However, we are willing to tentatively agree to the following parts of the Agencys counterproposal, with the following changes. GC Ex. However, on November 21, Jones advised the Union negotiating team that the Agency was in the process of finalizing its furniture order for the new building, and he invited the Union to participate in bargaining by telephone over any Union proposals concerning furniture on November 24. informed the Union that the Respondent had fulfilled its obligation to bargain over the effects of the Headquarters Office Move, and that [s]ince on or about May15, 2014, the Respondent has failed and refused to negotiate with the Union over the Headquarters Office Move to the extent required by the Statute, in violation of 7116(a)(1) and (5) of the Statute. And then Harry Jones turns around and emails and suggests that we werent willing to continue bargaining, and suggested that our ground rules agreement somehow limited bargaining to those two days, which we disagreed with. 121, 413, 448-49; GC Ex. . 1935 Passage of the Wagner Act., National Labor Relations Board. 30 at 3. 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 at 12. , 25 FLRA 787, 789-90 (1987). Tr. 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. these things. 25 at 5, 7. Unfortunately, the record developed by the parties is far from ideal, making choosing between Presence with a Purpose and the 8-2 schedule difficult. Organized Labor - Defining Unions and Collective Bargaining, Impact of the NLRB on Professional Sports, Sotomayors Baseball Ruling Lingers, 14 Years Later, Labor Board Calls for Revote at Amazon Warehouse in Alabama in Major Victory for Union. The Agency denied the request, insisting that the ground rules limited bargaining to two days. 39. . The Authority has defined impasse as that point in negotiations at which the parties are unable to reach agreement.. Tr. 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. GC Ex. 23. On March 14, Durkin proposed two consecutive days of face-to-face bargaining, to occur on April 16 and 17. At the Agencys headquarters, the Union represents about sixty-two employees. 134. 11 at 1. 418. 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. The National Labor Relations Board will be soliciting public input on the use of videoconference technology to conduct, in whole or in part, all aspects and phases of unfair labor practice case and representation case proceedings, and on potential amendments to its procedural rules regarding the use of videoconference technology. . 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. Isogai indicated that there had been a number of iterations of the drawings (Tr. That AFSCME reaffirms our commitment to lead the battle to fight for a National Labor Relations Board and a Federal Labor Relations Authority which supports workers rights. 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. 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. Were not withholding any information. Tr. 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 . [2], The Authority adjudicates disputes arising under the Civil Service Reform Act, deciding cases concerning the negotiability of collective bargaining agreement proposals, appeals concerning unfair labor practices and representation petitions, and exceptions to grievance arbitration awards. During this period, Agency officials were negotiating with the architects how much space each division of the Agency needed, how large the offices and cubicles could be, and other meaningful design issues. Ithink the idea was we would exchange . Further, almost half of the Unions original proposals (the same sixteen that I enumerated above) were not tied to the May 9 deadline. Employee Relations and Labour Relations are different, but with significant overlap, in principle, to ensure greatest success within any organization. . GC Br. 42 at 1. . Tr. . The primary way in which the Respondent violated its duty to bargain in good faith was (as already discussed) its premature termination of negotiations on April 25. Find a listing of FLRA contacts that you can call for more information. 72-73; GC Ex. 162.) 366. Monday, January 13, 2020. 34. . However, it is my experience that this is the exception and not the rule. President John F. Kennedy (Memorandum to the Heads of Agencies on Employee-Management Relations in the Federal Service, June 22, 1961). Three of the Unions counterproposals were identical to the Agencys, and the other two were very close. The Union team then met up with the remainder of the Agencys bargaining team. 17 at 1. . She has conducted in-depth research on social and economic issues and has also revised and edited educational materials for the Greater Richmond area. 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. 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. The judge and the Authority rejected this theory and held that while it might be desirable from the Unions viewpoint to be a participant in the, decision-making process at an earlier stage, it is difficult to envision an obligation on SSAs part . 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. Sotomayors Baseball Ruling Lingers, 14 Years Later., The Washington Post. D.C. 165, 126 L.R.R.M. Of those, Union Counterproposals 2 (ergonomic chairs), 3 (lockable storage), and 5 (storing paper and toner) were identical to Agency Counterproposals 13, 15, and 21, respectively. . . full proposals. Before the days session ended, Jones asked Durkin why the Union had not spent the day talking about its written proposals. Since its inception in 1935, the NLRB has successfully defended the rights of private-sector employees across all types of industries. 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. 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 Agencys counterproposals to find the things that we could agree on. Tr. Later that morning, Jones and Graham escorted the Union team through Franklin Court. . Issue. 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. The general counsel is responsible for supervising the NLRBs field offices and processing of cases as well as investigating and prosecuting unfair labor practices. . 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. $19.95 Buy and instantly download this paper now. Resp. Gwynne A. Wilcox. Tr. 14 at 3. [on] the 24th, we walked through each of these and there was some general discussion. Larry Sutton, the GSA representative on the project, spoke next. One member is appointed by the President to serve as chairman, chief executive officer, and chief administrative officer of the FLRA. 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. 468-71; Upon receiving the Agencys counterproposals, the Union team caucused to prepare its own response. 113. As for whether the parties reached agreement, Woodcock testified that the parties didnt come close to or even come to any kind of agreement or deal (Tr. On Wednesday, April 23, the Unions bargaining team met with Agency representatives Jones and Graham. 43-44, 323, 404; GC Ex. 4 at 9. GC Ex. at 41. If mediation assistance takes place, but no agreement is reached, either party may thereafter request assistance from the Federal Service Impasses Panel. In a similar context, the judge in, The Respondent argues that negotiations were deadlocked because the Unions proposals focused almost entirely on the maintenance of the size of current office space and configuration[,] the Agency rejected the Unions proposals on these issues, and neither side altered its position. Investopedia requires writers to use primary sources to support their work. 32 at 1. We cant continue meeting on these things. We dont intend to waste our time, and that of a mediator, to engage in a useless undertaking.. LEARN MORE Introduction to the FLRA Register for Training eFiling Getting Started FILE A CASE When Jones forwarded these drawings to the Union the same day, it was the first time the Union had seen any drawings or floor plans for the new building. 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. Declaring an impasse is significant, because it communicates to the opposing side that the time for invoking impasse procedures has arrived. 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. Tr. Board Members are appointed by the President to 5-year terms, with Senate consent, the term of one . Nonetheless, their disagreement about the meaning of paragraph 2 of the ground rules agreement became evident almost immediately. But, he continued, there is not going to be ongoing bargaining. My reaction to this was that we rejected this because it wasnt a comprehensive proposal. A ULP is conduct by agencies or unions that violates rights that the Statute protects or the rules that it establishes. . The fact that the parties disagreed. Watch free online FLRA trainings on our Youtube channel and dont forget to subscribe to receive updates on new videos. At least in some respects, the November 24 teleconference offered the Union a hope of shaping the Agencys furniture choices before those choices were finalized in December. The NLRB was given the power to resolve labor disputes through quasi-judicial proceedings and was assigned two principal functions: The National Labor Relations Act (NLRA) was amended by Congress several times, including in 1947 through the Taft-Hartley Act, in 1959 through the Landrum-Griffin Act, and in 1974 when the NLRB was given jurisdictional authority over nonprofit hospitals and nursing homes. It protects the rights of most private-sector employees, who can petition it for help in efforts to collectively bargain for better wages and working conditions. . 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. But this interpretation requires an emphasis on selective phrases in the agreement, at the expense of its context. Despite significant differences between the parties' proposed telework arrangements, both parties identified maximizing telework opportunities for bargaining unit employees as a primary interest. and . 367; On May 13, FMCS Mediator Saunders emailed the Union, saying that he had discussed the Unions mediation request with the Agency, but that there was no mutual agreement to mediate. GC Ex. 25. With regard to Proposal 14 that interior office windows have an opaque glaze or frosted glass Jones said, we havent chosen yet to frost or not frost, but we want it to be uniform, so we cant have individual people in individual offices choosing whether to have theirs frosted or not. Tr. 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. 126-28. . GC Ex. . 472. 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. Tr. The chairman is also ex officio chairman of the Foreign Service Labor Relations Board. 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. 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? 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. The Board. Jones testified that his team tried to find areas where we could compromise[,] but he acknowledged that they did not provide specific counterproposals for each Union proposal. Tr. . 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.). 108. 470. The reason that knowing the distinction between employment laws and labor laws is important, especially when hiring an attorney, is because lawyers who claim to be both labor and employment lawyers have a tendency to specialize in one and dabble in the other. 288), and Graham and Jones both acknowledged that no agreement was reached. Woodcock testified that Griffin started out by discussing . 401. This briefing concluded the days activities. 47 FLRA at326-27. According to Luther, Sutton also said that there had been a great deal of work with [various Agency officials] . 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. 13. If the Agency had not cut off bargaining, the parties could easily have reached agreement on these points. 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. As for whether the parties discussed the issue of furniture, Jones stated, When we walked through the initial proposals of the Union . 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. 109. . The Union team had not seen the entire Franklin Court facility the previous day, so the parties agreed to spend the morning continuing Tuesdays walk-through. Jones added that the DID process should have started approximately three weeks ago. GC Ex. 236. The President can designate the Chairman with no separate Senate confirmation required. Timing and Availability of Judicial Review, The Constitution and the Administrative State, Statutory Constraints on Agency Procedure, Constitutional Constraints on Agency Procedure, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam). 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. Let us know what you think about our new and improved website by emailing us at EngagetheFLRA@flra.gov. Annual Subscription ($175 / Year). National Labor Relations Act., National Labor Relations Board. Complaints are dealt with by regional offices and may be passed on to the five-team board, which acts as aquasi-judicial body. 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. 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. Which Jobs and Sectors Are Not Protected by the National Labor Relations Board (NLRB)? as a full agreement. GC Ex. immediately as to whether there was a fixed deadline for the end of bargaining suggests strongly to me that there was never a meeting of the minds on that provision. 146-47. counterproposal, the Union was withdrawing its counterproposal and reverting to its original proposals of April 21. An allegation of a procedural infirmity will not be heard outside of the statute of limitations period. At this time FLRA remains fully operational. He indicated that at that point in the process, major changes, such as adding movable walls or more bathroom stalls, would be difficult, if not impossible. 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. 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. 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. The document began, The Union has not had sufficient time to create a complete counterproposal to the Agencys counterproposal of 4/24/14. at 12, 14. 5. The FLRA claimed that judicial review was barred by the sixty day statute of limitations. In the weeks and months that followed, the Agency unilaterally made decisions about the design and layout of the new headquarters, including issues such as office furniture and other matters that had been discussed (but not resolved) during bargaining. Introduction to the FLRA.. 107. 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. 14 at 3. Tr. [3], In 1981, it decertified that is, stripped it from its status as a representative union - the air traffic controllers' PATCO union, after the 1981 air traffic controllers strike.[4]. 7 at 1-3. For all of the above reasons, the Agency failed to bargain in good faith and violated 7116(a)(1) and (5) of the Statute. This individual is appointed by the president for a four-year term and functions independently from the board. GC Ex. 41, 194); and Katrina Woodcock, a senior field attorney in the Washington Resident Office (Tr. Tr. [T]here were some [Union] proposals that were left out of our counter that we werent able to agree to. Tr. Where they mainly differ is in the portion of the workforce they serve. With regard to Proposal 1, which required the Agency to keep the Union informed about the relocation, Jones said it has always been our intention to keep the Union informed. These include white papers, government data, original reporting, and interviews with industry experts. 274-75. 3 at 1. At the hearing, Durkin recalled: [W]e were incensed. . The architects finalized design intent drawings in August. Case digests provide a brief synopsis of the most pertinent principles in merits decisions issued by the Authority. Jones replied, Not on April 10th. 116. In response to Proposal 12 that employees who had window offices at Franklin Court would have the same at Half Street Jones stated, well try to see how many window offices we can get in the Washington Resident Office, but again they are the only people who have offices.. 431. 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. 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. Tr. and agreed to get it to us as soon as he was able to. Tr. 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, Pro-worker decisions were issued under the Obama-era federal labor boards, but we are seeing significant retrenchment under the current NLRB and FLRA. Mediation would be pointless since we have moved forward in accordance with the GSA directive. 105, 233. Jones responded to Durkins request on February 10, providing a timeline for the move and floor plans of the Franklin Court building. 159-61; GC Ex. The Taft-Hartley Act is a 1947 federal law that limits the activities and power of labor unions. 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 . 42 at 1. On May 19, the Union filed the ULP charge. 6. Find a listing of all of the FLRA's current job openings. 8. NLRB Deputy General Counsel Jennifer Abruzzo and Chief Financial Officer Ron Crupi then informed the union officials about financial aspects of the move. 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. . Should those rights not be respected and lead to unfair treatment, its the NLRBs job to investigate and, if necessary, take action. 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 primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). and it didnt fit. Tr. A right-to-work law gives workers the freedom to choose whether or not to join a union in their workplaces. 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. The Union asked to submit its remaining counterproposals the following week, and to resume bargaining thereafter, since it had not had time to prepare a response on all issues. I certainly if we had agreed to stay late and continue the bargaining into Thursday evening and we had been making progress, if progress had been made on Thursday evening, I certainly had the authority to say to them book another night in your hotel; lets pick up on Friday; change your airline tickets to fly back on Saturday. "University of Southern California. Circuit recently refused to enforce a decision by the National Labor Relations Board (NLRB) that involved a conflict between an . 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). In its opening statement at the hearing, Respondents counsel similarly asserted that it had no further bargaining obligations regarding the relocation after it bargained on April 23 and 24. The Authority has stated that the location in which employees perform their duties, as well as other aspects of employees office environments, are matters at the very heart of the traditional meaning of conditions of employment.. . GC Ex. They were joined by Lennie, Abruzzo, and Robert Schiff, the Chairmans Chief of Staff. P. Br. The Board has five Members and primarily acts as a quasi-judicial body in deciding cases on the basis of formal records in administrative proceedings. On May 10, Graham submitted the Agencys revised floor plan drawings to GSA, with its comments regarding suggested changes. 30. 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. Also, Jones acknowledged that [t]here wasnt a deadline on furniture for May 9th. Tr. Immediately upon returning from lunch at 1:10 p.m., the Agency team requested a caucus, so that it could prepare counterproposals. . The General Counsel argues that the Agency violated 7116(a)(1) and (5) when it refused to negotiate with the Union over the headquarters relocation on and after April 25. Durkin and Luther complied. . On May 16, Jones provided an additional response to the May 6 information request, forwarding to the Union a variety of drawings for Half Street, including some dated March 26 (GC Ex. Tr. . And at that time, at 6:30, the Agency had already rejected its own proposals. (b) Unilaterally changing working conditions of bargaining unit employees represented by the Union concerning the relocation of Agency headquarters without notifying the Union and affording it the opportunity to negotiate to the extent required by the Statute. The Respondent has the burden of proving any affirmative defenses. Learn more about federal labor-management relations, including unfair labor practices, representation matters, impasses, and negotiability. The FLRA is charged with safeguarding. However, it is my experience that this is the exception and not rule. Aquasi-Judicial body Agencys bargaining team about Financial aspects of the Foreign Service Labor Relations Board T... 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