The FLRA claimed that judicial review was barred by the sixty day statute of limitations. 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. Finally, a nationwide posting will emphasize to employees that the agency that enforces labor laws in the private sector must itself comply with labor laws in the public sector. 324. 121, 413, 448-49; GC Ex. While the NLRA governs labor relations for most private sector employers, it specifically excludes employers covered under the Railway Labor Act ("RLA") the earlier federal statute enacted to avoid interruptions to interstate commerce and transportation via rail or air. 3; Tr. . these things. . Neither the General Counsel nor the Union seeks a full status quo ante remedy, however, as everyone seems to recognize that the Agency cannot return to Franklin Court. Tr. Fourth, the parties were close to agreement on a number of issues. View the legislative history of the Federal Service Labor-ManagementRelations Statute, the Civil Service Reform Act, andthe Foreign Service Act. 134. cubicles. . 182-86; 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. This individual is appointed by the president for a four-year term and functions independently from the board. Let us know what you think about our new and improved website by emailing us at EngagetheFLRA@flra.gov. But, he continued, there is not going to be ongoing bargaining. Employee Relations and Labour Relations are different, but with significant overlap, in principle, to ensure greatest success within any organization. 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. FEDERAL LABOR RELATIONS AUTHORITY OALJ 16-16 Office of Administrative Law Judges WASHINGTON, D.C. 20424. The Respondent contends that if a violation is found, retroactive relief, including a retroactive bargaining order, would be inappropriate. Created by the Civil Service Reform Act of 1978, it is a quasi-judicial body with three full-time members who are appointed for five-year terms by the President with the advice and consent of the Senate. 32, 264. 2423.32. Nixon sent Jones a Union counterproposal, Jones rejected it, and the Union then accepted the Agencys latest draft, which was signed that same day. Impact of the NLRB on Professional Sports., The New York Times. They had just a few of the drawings. Tr. GC Ex. 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. 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. Before implementing a change in conditions of employment, an agency must provide a union with notice of the change and an opportunity to bargain over those aspects of the change that are within the duty to bargain, if the change will have more than a de minimis effect on conditions of employment. The National Labor Relations Board is a federal agency that enforces the National Labor Relations Act. Finally, the GC requests a nationwide posting. One example of such a proposal was Union Proposal 36, requiring bargaining over furniture at a later time. Tr. Tr. 166. Therefore, the Agency violated its duty to bargain and deprived the Union of a proper opportunity to negotiate the impact and implementation of the move to a new headquarters. The chart below details steps in the unfair labor practice process. On May 10, Graham submitted the Agencys revised floor plan drawings to GSA, with its comments regarding suggested changes. 236. The agency is separate from the National Labor Relations Board, which governs private-sector labor relations. 47 FLRA at326-27. 288, 367, 465. No. . At the time of the hearing, and for the previous twenty-one years, the Agencys headquarters office was located in the Franklin Court Building, 1099 14th Street, N.W., Washington, D.C. (Franklin Court). Later that day, Sloper reminded Jones of the provision in the ground rules agreement for mediation and asked whether the Agency believed that mediation has been completed according to the terms of the ground rules agreement., morning: Bargaining has concluded, and there has been no mediation. 451. Br. 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. 141; GC Ex. Between April 29 and May 12, Union officials attempted to initiate mediation of the dispute with the FMCS. Tr. full proposals. 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. 10. While the parties had some subsequent discussions about the relocation, no further negotiations occurred until at least November. On December 23, Jones sent Woodcock an email, offering one additional bargaining session in January in an attempt to resolve all outstanding issues related to the headquarters relocation. GC Ex. The teams made it through about thirty of the Unions proposals before breaking for lunch. He said today and tomorrow; thats it.. (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. GC Ex. The FLRA administers the labor-management relations program for 2.1 million non-Postal federal employees worldwide, approximately 1.2 million of whom are represented in 2,200 bargaining units. 51 at 7. The general counsel is responsible for supervising the NLRBs field offices and processing of cases as well as investigating and prosecuting unfair labor practices. . Jt. at 12, 14. The FLRAis the federal public sector counterpart to the National Labor Relations Board (NLRB), which governs labor relations between private sector employees and employers. The Agencys bargaining team consisted of managers based at headquarters, and the Agencys executive leadership inserted itself into the dispute more than once. 113. 428, 477. The next day, Luther informed Jones, In light of your rejection of our . The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions. Those it cannot help to protect include public-sector employees, agricultural and domestic workers, independent contractors, workers employed by a parent or spouse, employees of air and rail carriers covered by the Railway Labor Act, and, in some cases, supervisors. Thus the November teleconference cannot truly be considered pre-implementation. As with many of the decisions made between the Respondent and the architects in February and March, the Respondent had already narrowed the Unions ability to negotiate to a significant extent. . Conduct Elections Meanwhile, the relocation project moved forward. 39. , 25 FLRA 787, 789-90 (1987). . Griffin acknowledged that that was a problem . . 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. 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). The obligation to bargain over a relocation arises when a lease is signed (if not earlier) and the union requests to bargain. 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. Durkin testified that around this time, the Union team told the Agency team that they were willing to continue bargaining, but we cant continue and expect to wrap up bargaining that night. Tr. 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. 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. The Union team found several of the Agency proposals vague, as the Agency offered to use its best efforts to obtain certain design features (for example, Proposal 8) and agreed to other features only to the extent [that] the architects [WDG] can incorporate them into the drawings (for example, Proposals 19 and 20). Nonetheless, their disagreement about the meaning of paragraph 2 of the ground rules agreement became evident almost immediately. 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. Tr. The Agency cut bargaining off before this could happen. The Union team also asked about furniture. 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. 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. and agreed to get it to us as soon as he was able to. Tr. NLRBs challenge fell within the third category and warranted judicial consideration. In the proposed ground rules, the Union called for an initial bargaining session. The caucus lasted from approximately 1:15 to 4:00 p.m., at which time the Agency transmitted a list of twenty-three counterproposals to the Union by email. Durkin and Nixon reiterated their disagreement, with Nixon telling Jones, we dont have your proposals even. Tr. 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. Jones was asked whether he had any version of the drawings, draft or otherwise, that he was not disclosing. On February25, Jones provided Durkin some additional information about Half Street, but still did not provide any drawings. This decision was vacated and remanded in NLRB Union, Local 6 v. 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. . There has been no senate-confirmed General Counsel since Julia Akins Clark left the post in January 2017, and no Acting General Counsel between November 2017 and March 24, 2021, when President Joe Biden named Charlotte A. Dye to be Acting General Counsel. - Legal Principles in this Case for Law Students. 470. The premise of this argument is false: many of the Unions original proposals including Proposals 14 (frosted windows), 15 (locks on office doors), 20 (height of cubicles), 24 (task lighting) 25 (ergonomic task chairs), 26 (desks), 27(storage), 28 (coat hooks), 29 (phones), 30 (printers), 31 (restrooms), 32 (lactation rooms), 33 (storage for printers), 35 (color and style of flooring, carpeting, and walls), 36 (furniture), and 37 (moving arrangements) had little or nothing to do with the size or configuration of offices. What Is a Right-to-Work Law, and How Does It Work? 418. The FLRA initially decided that disclosure was "prohibited by law" under 7114 (b) (4). As already noted, the Respondent terminated negotiations on April 25. 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. Finally, it should be emphasized, as the Authority did in. 25 at 5, 7. The Union team consisted of Julia Durkin, an attorney at the Agencys Denver Regional Office, who served as a local president and had bargained over an office move in Denver (Tr. 318. . Unlike the Unions proposed ground rules, the Agencys proposals did not refer to an initial bargaining session.. there has to be an end point. the Agencys counterproposals to find the things that we could agree on. Tr. 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. 7101-7135. Durkin also asked if the Agency could put offices or workstations in space slated for socializing; the Agency did not have a response to that request. Durkin (along with Nixon and later Luther) responded, [N]o, the Agency has to continue bargaining. for commenting on the design drawings for Half Street. 450. The NLRA, otherwise known as the Wagner Act, is one of the most groundbreaking labor laws ever enacted in the United States. 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. Complaints are dealt with by regional offices and may be passed on to the five-team board, which acts as aquasi-judicial body. None. Durkin reiterated that the Union disagreed with that position. 278-79; GCEx. . 126-28. Tr. 74-75; GC Ex. At the hearing, Durkin recalled: [W]e were incensed. David M. Prouty. However, Lennie indicated that the Agency would look into seeing whether they could find additional space for more stalls. 159, 162. 39. On April 17, the Union and the Agency exchanged communications (both verbally and in writing) that ultimately resulted in their reaching a ground rules agreement. The Respondent is an agency within the meaning of 7103(a)(3) of the Statute. Find a listing of FLRA contacts that you can call for more information. Should those rights not be respected and lead to unfair treatment, its the NLRBs job to investigate and, if necessary, take action. GC Ex. . The NLRB administers and enforces the National Labor Relations Act, conducting secret ballot elections to determine whether employees wish to be represented by a union, and resolving alleged ULPs committed by employers and unions in the private sector. Board Members are appointed by the President to 5-year terms, with Senate consent, the term of one . 17 at 1. Jones, by contrast, testified that the parties reached impasse on April 24, [w]hen the Union got up and walked out. Tr. 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. Thus, paragraph 2 states, The parties will conduct two bargaining sessions at the Agencys current headquarters on the following dates: April 23 and 24. Since the Union had been actively pursuing mediation, the Union team understood this to mean that the Agency was refusing to engage in mediation. Union Counterproposal 1, pertaining to an office for the Washington Local. 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. 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. NLRB Deputy General Counsel Jennifer Abruzzo and Chief Financial Officer Ron Crupi then informed the union officials about financial aspects of the move. Tr. Tr. 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. (As it turned out, the Agency would end up staying past its lease, becoming a holdover tenant. However, in an attempt to reach an agreement or at least narrow the issues, the Agency offered to continue bargaining into the night. By the time the Agency made its limited offer in November to bargain, it had already implemented many aspects of the relocation plans, by making commitments with GSA and the architects. 85-88; GC Ex. . Its objective is to protect the rights of most private-sector employees to collectively bargain for better wages and working conditions, and prevent employers and unions from engaging in unfair practices against them. It could be by teleconference or videoconference. 22 at 3-5. This rapprochement should have. 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. Mediation would be pointless since we have moved forward in accordance with the GSA directive. 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. Effective Friday July 31, 2020, the agency now extends the prohibition on in-person filings indefinitely. It didnt have to be face-to-face. The fact that the parties disagreed. We said we gave them notice of the change and conditions of employment. At the time of the hearing, the relocation of the NLRB headquarters was scheduled to take place by June 2015. . 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. 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. 41, 217-18); Donna Nixon, an attorney in the Detroit Region and a district vice president of the Union (Tr. 122. 127-28. . Issue. 472. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from Tr. FLRA vs. NLRB. On May 9, Lennie gave the Union a list of the location and size of each employees workspace at Franklin Court. Employment laws are essentially all employment-related laws that are not labor laws. 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. (Despite receiving the floor plans on February 10, the Union would not receive information listing the size and type of each bargaining unit employees workspace at Franklin Court until May 9. Tr. Unfortunately, the record developed by the parties is far from ideal, making choosing between Presence with a Purpose and the 8-2 schedule difficult. About NLRB., National Labor Relations Board. Additionally, the evidence conclusively demonstrates that the parties had not reached impasse. Held. 13 at 1. 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. National Labor Relations Board. 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 (. The FLRA, in its decision says that: Our Statute requires that an agency must provide notice, and an opportunity to bargain, before it may change "conditions of employment." "Conditions of employment" are defined, in 7103 (a) (14), as "personnel policies, practices, and matters, whether established by rule, regulation, or otherwise . My Account Portal About Us National Labor Relations Act NLRB Process Board Rules & Regulations Board Rulemaking Careers [5] In August 2021, President Biden nominated eight-year assistant general counsel Kurt Rumsfeld to the position.[6]. Most of those employees work for the Agencys General Counsel (including about eight or nine who work for the Washington Resident Office, also referred to as the WRO, which is a division of the Baltimore Regional Office); about fifteen work for the Board. P. Br. GC Ex. A few days later, the Union tried to initiate mediation of the dispute, but the Agency refused to participate. Based on the foregoing, I conclude that the ground rules agreement did not justify the Respondents decision to end bargaining prior to reaching agreement or impasse. Watch free online FLRA trainings on our Youtube channel and dont forget to subscribe to receive updates on new videos. GC Exs. By terminating negotiations before the Union had a chance to submit a full set of counterproposals, the Agency undercut its claim that negotiations were at an impasse. 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. According to Durkin, Sutton stated that the project was running behind schedule in design plans; at a later phase of the process, after construction drawings were made, theyd decide on furniture. Tr. The list of these laws is long and growing. Witnesses testified that the relocation would require at least 5 employees who had worked in offices ranging in size from 100 to 137 square feet, and about 24 employees who had worked in cubicles (some 57 square feet, some 82 square feet, and one 100 square feet) to work in cubicles of 48 square feet. My reaction to this was that we rejected this because it wasnt a comprehensive proposal. Tr. 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. On April 10, the three of them discussed these issues over the phone. D.C. 165, 126 L.R.R.M. In the practice of law, however, there is a distinction between the two, and it is important that anyone seeking the assistance of a lawyer know what that distinction is. Similarly, when Jones was asked whether the Union gave any oral supplementation to its counterproposals, he stated: I dont really recall. 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