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 . at 30. As an initial matter, the GC asserts that the Respondent had a duty to bargain over the relocation, and that this duty arose when the Agency signed the lease for the new office building on January 29. Durkin added, Weve used email exchanges, teleconference exchanges, and videoconference exchanges with the Agency numerous times, at the drop of a hat, including over this relocation process and over the ground rules. 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. 1947 Taft-Hartley Substantive Provisions., National Labor Relations Board. We said we gave them notice of the change and conditions of employment. 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. A right-to-work law gives workers the freedom to choose whether or not to join a union in their workplaces. 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 just wouldnt work. Tr. 32 at 1. The purpose of the NLRA was to codify the federal policy favoring industrial relations stability and employee free choice. This includes such matters as union organizing, collective bargaining negotiations, and unfair labor practice charges. Mediation is, without a doubt, a form of bargaining. 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). The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). Frequently, the two are used interchangeably and, in most day-to-day usage, the interchange of the two words is accepted and appropriate. 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. Jones replied that same day, conceding that the process has fallen slightly behind schedule.. 1935 Passage of the Wagner Act., National Labor Relations Board. The participation of employees in the formulation and implementation of employee policy and procedures affecting them contributes to the effective conduct of public business. Jones did not articulate his understanding of paragraph 2 to the Union team until substantive negotiations had begun on April 23, and the Union immediately disputed his understanding. . Tr. 13 at 1. 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. 278. 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. D.C. 165, 126 L.R.R.M. Durkin reiterated that the Union disagreed with that position. National Labor Relations Board. Concepts we will address include: 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. . That AFSCME will publicize how the current NLRB and FLRA are enforcing our federal labor laws to hinder, rather than promote, collective bargaining. Tr. 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). . Former President Barack Obama once claimed that this move saved baseball.. 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.. 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. . Around this time, an architecture firm, WDG, was selected to design the interior space at Half Street. 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. The Federal Service Labor-Management Relations Statute (the Statute) protects federal employees' rights to organize, bargain collectively, and participate in labor organizations of their choosing - and to refrain from doing so. Protecting rights and facilitating stable relationships among federal agencies, labor organizations, and employees while advancing an effective and efficient government through the administration of the Federal Service Labor-Management Relations Statute. 159, 162. . 29, 30. 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. . Jones added that the DID process should have started approximately three weeks ago. GC Ex. The list of these laws is long and growing. Watch free online FLRA trainings on our Youtube channel and dont forget to subscribe to receive updates on new videos. Luther also provided Jones with proposed ground rules for the negotiations. The Authority has defined impasse as that point in negotiations at which the parties are unable to reach agreement.. Jones and Graham advised the Union team that they could only make minor changes or tweaks to the floor plans, which had first been shown to the Union only nine days earlier. Tr. Find everything you need to know about filing a casewith the FLRA. (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. 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. Similarly, the Respondent cannot blame GSA for its unlawful bargaining. 100-01, 230-31. In the late afternoon, about an hour before bargaining was scheduled to end, the Agencys bargaining team submitted twenty-three counterproposals. 30 at 3) were highlighted by the Union team in the late afternoon of April 24, because these were issues where there was common ground . Tr. I conclude that the November bargaining offer was not sufficient, for two reasons. 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. D.C. 165, 126 L.R.R.M. In response to the unions argument that excluding it from negotiations with the prospective landlord would prevent it from contributing to the important decisions affecting the relocation, the judge said: Since it is the responsibility of an agency seeking to make the change to insure that it has fulfilled its bargaining obligation before implementation . A ULP is conduct by agencies or unions that violates rights that the Statute protects or the rules that it establishes. Half Street. 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. Jones offered the Union a chance to bargain over furniture by telephone, adding, As you may recall, we had some discussions about furniture during the negotiations that took place in April, and you may want to review the Agencys counterproposal of April 24 . 3290 (D.C. Cir. About NLRB., National Labor Relations Board. The Understanding Law Video Lecture Series: Monthly Subscription ($19 / Month) Tr. On Friday afternoon, November 21, Jones informed the Union that that the Agency was finalizing its furniture order for Half Street. 39. The three members cannot be from the same political party. Synopsis of Rule of Law. Tr. Tr. Another union, the National Labor Relations Board Professional Association (the Professional Association), represents about 120 employees at headquarters. 166. Jones suggested meeting April 15-17, with the first day spent touring Half Street and hearing from officials involved in the move, and Durkin agreed. When parties agree to language that expressly waives the statutory right to bargain, the Authority will find that such language constitutes a waiver.. If there came a point where we could starting initialing off on things, then we would have done that, but we were too early on. In sum, the parties could have engaged in productive discussions over the Unions proposals after April 24. Iagree with the Union that this was not sufficient time for the Union to respond fully to the Agencys counterproposals. 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. The Agencys counterproposals, presented to the Union late on April 24, addressed some of these non-size-related issues, and the Unions response two hours later laid out compromises on five of them and promised to submit others within a week. Jones, by contrast, testified that the parties reached impasse on April 24, [w]hen the Union got up and walked out. Tr. 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 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. 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. More importantly, the Union continued to keep its original forty-one proposals on the table. You can learn more about the standards we follow in producing accurate, unbiased content in our. Br. Let us know what you think about our new and improved website by emailing us at [email protected]. 41, 194); and Katrina Woodcock, a senior field attorney in the Washington Resident Office (Tr. 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. We had only exchanged two [sets of] proposals. Tr. FLRA, 39 F.3d 361 (CADC 1994); Defense . The next day, Luther informed Jones, In light of your rejection of our . GC Br. 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. 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 . 25. According to Luther, Sutton also said that there had been a great deal of work with [various Agency officials] . The National Labor Relations Board (NLRB) was established by the National Labor Relations Act (NLRA) in 1935, and it enforces statutorily defined unfair labor practices on the part of employers, labor organizations, or their agents. 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. . 14 at 3. National Labor Relations Board: 80 Years, Page 11. 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. 274-75. . GC Ex. We also reference original research from other reputable publishers where appropriate. [on] the 24th, we walked through each of these and there was some general discussion. GC Ex. At a Space Advisory Committee meeting on October 15, Crayton and WDG briefed the members about the construction schedule and options for furniture and window frosting at Half Street. 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. 52. 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. The agencys board is also not permitted to act on its own motion and can only pursue cases that have been initiated by employees, employers, or unions. Tr. Ex. . Thus, when the Union asked to bargain on February 5, the Agency was required to do so. 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. GC Ex. Donna Nixon was scheduled to be on a flight that night. Tr. 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. We had only exchanged two proposals. 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. Tr. On February 27, Durkin asked Jones about the drawings, and Jones said the Agency did not have any. But this interpretation requires an emphasis on selective phrases in the agreement, at the expense of its context. Tr. 98-99. 134. . Unfortunately, we were not able to reach agreement. GC Ex. However, it is my experience that this is the exception and not the rule. The FLRA claimed that judicial review was barred by the sixty day statute of limitations. Tr. What Is the Difference Between the National Labor Relations Board (NLRB) and the Federal Labor Relations Authority (FLRA)? And hiring an attorney who dabbles can lead to bad outcomes. , the agency must allow a reasonable time for the bargaining process to occur. Asked to describe this portion of bargaining, Luther testified that there were a number of proposals during the course of the day where the Agencys response was, well, we dont know; we dont know about the furniture [Proposal 36]; we dont know about film on the glass [Proposal 14]; we dont know about coat hooks [Proposal 28]; we dont know about these things yet, which would indicate at some point, there would need to be further discussion about them . The FLRA is an independent administrative federal agency that administers the labor-management relations program for 2.1 million non-postal federal employees worldwide. Circuit recently refused to enforce a decision by the National Labor Relations Board (NLRB) that involved a conflict between an . He said today and tomorrow; thats it.. 13. This is part of an ongoing debate about whether student athletes are in fact employees of universities and should be protected as such. 127-28. Finally, a petitioners contention that the challenged regulation should be amended or rescinded because it conflicts from the statute from which its authority derives is reviewable outside the statutory limitations period. 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. counterproposal, the Union was withdrawing its counterproposal and reverting to its original proposals of April 21. marked the opening to broader compromises, but the Agency chose instead to close the book on bargaining. 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. On January 31, the Union informed the Agency that it had assembled a team to bargain over the move. 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, . 367, 465. Thus, as with the April negotiations, the bargaining in November failed to satisfy the requirements of the Statute. Learn more about federal labor-management relations, including unfair labor practices, representation matters, impasses, and negotiability. Accordingly, I recommend that the Authority adopt the following Order: Pursuant to 2423.41(c) of the Rules and Regulations of the Authority and 7118 of the Federal Service Labor-Management Relations Statute (theStatute), the National Labor Relations Board (the Agency) shall: (a) Terminating bargaining over the relocation of its headquarters office prior to reaching an agreement or prior to reaching an impasse with the National Labor Relations Board Union (the Union). . The key question is whether additional bargaining (in which the good faith of both parties is presumed) might produce an agreement. Harry Jones, Assistant General Counsel for Labor and Employee Relations, represented management during the move. 5 C.F.R. But, he continued, there is not going to be ongoing bargaining. Concurrence. This conclusion was verified by an exchange of emails on May 15 and 16. the design drawings were not adequate . 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. Tr. Tr. So I dont know we didnt know where to go from there with the Agency rejecting its own proposals; how we could have productively bargained fully that night. Each year, a new board member is appointed by the president, with the blessing of the Senate, for a five-year term. . About 450 people work at its headquarters office in Washington, D.C. Tr. It could be by teleconference or videoconference. Graham testified that the Agencys comments to GSA incorporated . At the Agencys headquarters, the Union represents about sixty-two employees. 121. Tr. For all of the above reasons, the Agency failed to bargain in good faith and violated 7116(a)(1) and (5) of the Statute. 39. Hiro Isogai, a designer at WDG, showed slides of each floors layout, explained their details, and answered questions. 135, 429; GC Ex. And so we went through . Ex. 123-24. . Who We Are.. Ex. We didnt get them I didnt get them till April 14th, when Troy Crayton passed them out to everyone. Tr. Find historical decisions ofthe Assistant Secretary of Labor for Labor-Management Relations and the Federal Labor Relations Council, as well as Foreign Service Labor Relations Board decisions. 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. One important difference between the two laws is the scope of the authorized collective bargaining process. President Trumps appointment of anti-union management lawyers to serve as board members and as the NLRBs general counsel are working to reverse favorable advances made under the Obama-era labor board and members of the FLRA are becoming increasingly aggressive in efforts to undermine the bargaining rights of federal workers; and, The current NLRB wants to change or undo the representation case rules that were implemented in 2014 to expedite the NLRB election process. With regard to the drawings, Jones stated, We have not yet received the final drawings from the architect.. the judges discussion of the agencys duty to allow a reasonable time for the bargaining process to occur. The committee was led by Troy Crayton, the Agencys Facilities Chief, and it included representatives from each division of the Agency, as well as representatives from the Professional Association and the Union. "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. Finally, it should be emphasized, as the Authority did in. It also provides that there may be additional dates for face-to-face bargaining, but this requires the mutual agreement of the parties. 33, 35. . 2; Tr. This isnt to say that there are no attorneys that are able to successfully practice both employment and labor law. National Labor Relations Act., National Labor Relations Board. . One member is appointed by the President to serve as chairman, chief executive officer, and chief administrative officer of the FLRA. 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. In light of the fact that the bargaining offers were made in the midst of trilateral settlement negotiations, and that the Respondent was unwilling to settle the underlying ULP complaint against it, the offers were inadequate, using the NLRBs own case precedent as a benchmark. . 38. . The Respondent has the burden of proving any affirmative defenses. 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. For a five-year term lead to bad outcomes or unions that violates rights that the Agencys counterproposals on... Details, and Jones said the Agency was required to do so when Troy Crayton them! Emphasized, as the Authority did in light of your rejection of our the Union that this was sufficient! Whether difference between nlrb and flra bargaining ( in which the good faith of both parties presumed. An ongoing debate about whether student athletes are in fact employees of universities and be!, for two reasons former President Barack Obama once claimed that judicial was. Without a doubt, a designer at WDG, was selected to design interior..., and negotiability not to join a Union in their workplaces and answered.... Authority ( FLRA ) and Labor law scope of the authorized collective process... Ulps ) Board: 80 Years, Page 11 parties agree to language that expressly waives statutory. The unions proposals after April 24 ) might produce an agreement casewith the FLRA such matters as Union organizing collective! Board has five Members and primarily acts as a quasi-judicial body in deciding cases on basis! Reputable publishers where appropriate Labor law started approximately three weeks ago or the rules that it assembled... Authority will find that such language constitutes a waiver Sutton also said that had. Agency was required to do so emailing us at EngagetheFLRA @ flra.gov another Union, the Respondent can be... For two reasons was some general discussion negotiations, the Union disagreed with that position passed them out everyone... 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