. Jones, by contrast, testified that the parties reached impasse on April 24, [w]hen the Union got up and walked out. 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 . The relocation process involved a series of drawings that would increase in complexity as the project progressed. 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. 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. It could be by teleconference or videoconference. The Union declined to stay beyond 6:30 p.m., and the Agency declared that negotiations were terminated. 3 at 1. Accordingly, the Union will submit a proposal and/or counterproposal to the Agencys 4/24/14 counterproposal on April 30, 2014. David M. Prouty. 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. Impact of the NLRB on Professional Sports., The New York Times. Jt. . 39. Another union, the National Labor Relations Board Professional Association (the Professional Association), represents about 120 employees at headquarters. Accordingly, the parties should negotiate fully and in good faith on all issues relating to the impact and implementation of the move to Half Street. . The Agency negotiators explained that the size of restroom facilities was based on a formula in an international code, while the Unions math is not based on anything; youre just coming up with numbers. Tr. The list of these laws is long and growing. Graham, who attended the meeting and who worked closely with the GSA contract officer, testified that once the comments on the preliminary drawings were submitted, it would have been difficult, if not impossible, for architects to change certain aspects of the design, such as the location of walls or the number or size of workspaces. National Labor Relations Board. 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. The participation of employees in the formulation and implementation of employee policy and procedures affecting them contributes to the effective conduct of public business. Without unions, pension and health care benefits deteriorate and workers' interests in safe and healthy workplaces and in stable employment go unheard and unheeded by employers and by the government alike. 39. The Railway Labor Act (RLA) was passed by Congress 9 years before the National Labor Relations Act (NLRA): 1926 and 1935 respectively. Featherbedding describes an unlawful practice of forcing employers to increase labor costs, such as hiring unnecessary workers. . Synopsis of Rule of Law. 468-71; Upon receiving the Agencys counterproposals, the Union team caucused to prepare its own response. According to Luther, Sutton also said that there had been a great deal of work with [various Agency officials] . 7 at 1-3. 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. [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. things that we could agree on. 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. You can find all of ourresources in one convenient spot, including guides, FAQs, forms, and more. When you visit the site, Dotdash Meredith and its partners may store or retrieve information on your browser, mostly in the form of cookies. The Union offered to submit a counterproposal on the remaining issues by April 30, and it requested that bargaining continue, using all technological means at the parties disposal, including telephone and videoconferences, in addition to face-to-face meetings. Around this time, an architecture firm, WDG, was selected to design the interior space at Half Street. This briefing concluded the days activities. It also provides that there may be additional dates for face-to-face bargaining, but this requires the mutual agreement of the parties. We dont intend to waste our time, and that of a mediator, to engage in a useless undertaking.. 109. 135, 429; GC Ex. 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. - Legal Principles in this Case for Law Students. 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. The parties discussed the number of stalls needed in the mens and womens restrooms (Union Proposal 31), and the Union team argued the Agencys floor plan was grossly inadequate. 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. Asked why the Agency rejected the Unions counterproposals, when those counterproposals largely accepted Agency positions, Jones stated: We werent going to start bargaining piecemeal, at least not at that point. 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. The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). However, it is my experience that this is the exception and not the rule. Finally, it should be emphasized, as the Authority did in. # 65880 | 2,202 words | 5 sources | MLA | 2006 |. Later that day, Stephen Sloper, a member of the Unions Executive Committee, asked FMCS Mediator Kurt Saunders to mediate the dispute. Durkin continued: As weve stated over the past two days, we do not agree that negotiations have concluded entirely merely because our two face-to-face bargaining, Agencys counter-proposals and reach an agreement on all of the subjects. But we had no specific proposals about furniture. 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. 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, . We said we gave them notice of the change and conditions of employment. at 41. GC Ex. When workers are stripped of union protections, wages stagnate or decline, and inequities grow. 47 FLRA at326-27. 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. Concepts we will address include: 2023 American Federation of State, County and Municipal Employees, AFLCIO, 43rd International Convention - Boston, MA (2018). 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. 104. 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). Effective Friday July 31, 2020, the agency now extends the prohibition on in-person filings indefinitely. GC Exs. Tr. Graham and Lennie responded that the Agency was requesting those changes. 288), and Graham and Jones both acknowledged that no agreement was reached. Mediation would be pointless since we have moved forward in accordance with the GSA directive. At this time FLRA remains fully operational. Because the ground rules agreement cannot reasonably be interpreted as limiting the parties bargaining period to two days, I conclude that the Union did not waive its right to bargain until either an agreement was reached or the parties had come to an impasse. 18, 19. 29, 30. Jones added that bargaining other than face-to-face bargaining would present a number of practical difficulties, saying, We couldnt possibly try to negotiate a subject as complicated as the complete relocation of the Agencys headquarters by email or telephone. Graham told them, [W]e dont know about furniture because the Agency doesnt have money, adding that the Agency planned to purchase furniture using a monthly payment plan administered by GSA. and . Nonetheless, the union and the GCargued that the agency was obligated to begin bargaining once the relocation was contemplated., . Were moving from [Franklin Court] to . Tr. . 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. Let us know what you think about our new and improved website by emailing us at EngagetheFLRA@flra.gov. . While private-sector employees are entitled to collectively bargain . . They requested bargaining. . GC Ex. The duty to negotiate in good faith includes the obligation to approach the negotiations with a sincere resolve to reach a collective bargaining agreement and to meet at reasonable times and convenient places. What is the difference between NLRB and FLRA? Immediately upon returning from lunch at 1:10 p.m., the Agency team requested a caucus, so that it could prepare counterproposals. 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. 4 at 9. However, the Unions action was precipitated by the Agencys rejection of those counterproposals, even though they reflected nearly full agreement on those five issues, and by the Agencys declaration that bargaining was over. She has conducted in-depth research on social and economic issues and has also revised and edited educational materials for the Greater Richmond area. File a case with the FLRA, including unfair labor practice charges, arbitration appeals, and requests for impasse assistance. 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. 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. This rapprochement should have. 7101-7135. ssues. Harry Jones, Assistant General Counsel for Labor and Employee Relations, represented management during the move. GC Ex. 199. The FLRA is charged with safeguarding. 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. Since the Union had been actively pursuing mediation, the Union team understood this to mean that the Agency was refusing to engage in mediation. Dissent. 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. 1(a). 51 at 7. 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. The FLRA is an independent administrative federal agency that administers the labor-management relations program for 2.1 million non-postal federal employees worldwide. 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 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. Later that morning, Jones and Graham escorted the Union team through Franklin Court. 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. Labor Union: Definition, History, and Examples. . 182-86; GC Ex. Tr. . WHEREAS: The NLRB Union challenged regulations that were promulgated by the Federal Labor Relations Authority on January 17, 1980, nearly seven years prior to the appeal. The chart below details steps in the unfair labor practice process. All events occurring after April 25 are tainted by the Agencys termination of bargaining on that date, and all events after May 16 are similarly tainted by the Agencys refusal to join in mediation. The Agency isnt even prepared to make decisions on these aspects[] of the relocation. 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. Tr. The Union told Jones that there were a number of ways to bargain. . 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. 162, 250, 285-86, 349-52, 474, 477; GC Ex. Tr. Preventing and remedying unfair labor practices orchestrated by employers, unions, or both. None. adopts similar guidelines in concluding that no impasse had been reached: among the factors cited were that neither party had actually declared an impasse; the parties had modified their proposals and demonstrated a responsiveness to the bargaining process; and the parties had not yet had a reasonable opportunity to invoke the processes of FSIP. 42FLRA at 1279-80. As Luther described in her testimony, the five issues addressed in the Unions Initial response to Agencys counterproposal of 4/24/14 (GC Ex. . 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. 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. at 12. Similarly, it is apparent that the parties were a few short conversations away from reaching agreement on the issue of an additional nursing room; Jones himself admitted that the parties were still in the early stages of bargaining when the Agency left the table. Fourth, the parties were close to agreement on a number of issues. At 6:11 p.m., the Union sent the Agency a document titled Unions Initial response to Agencys counterproposal of 4/24/14. Tr. . 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. First would come drawings (referred to by witnesses and in documents as preliminary drawings, design drawings, or just drawings) that were, essentially, floor plans, showing things like the location of walls and doors, and the size and location of offices and cubicles. 5 C.F.R. Tr. 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. some of the areas [of] discussions that we had with the Union, such as the Unions suggestion to have a second nursing room. Learn more about federal labor-management relations, including unfair labor practices, representation matters, impasses, and negotiability. Luther also provided Jones with proposed ground rules for the negotiations. Jones also stated that he was relying on Crayton and Graham to provide him the drawings. 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. 123-24. 30-31, 215-16); Lisabeth Luther, a compliance officer based in the Indianapolis Regional Office (Tr. Thats a change in conditions. At the FLRA, decisions have been made on representation cases despite the union-petitioner withdrawing and mooting the cases; and, Employers in the private sector routinely hire union busters and use legal strategies to stall representation elections, and even after unions win an election, employers delay the bargaining process to frustrate workers efforts to secure a first contract; and. GC Exs. . 10. 403-04. . GC Ex. [on] the 24th, we walked through each of these and there was some general discussion. The FLRA claimed that judicial review was barred by the sixty day statute of limitations. . to meet at reasonable times and to consult and bargain in a good-faith effort to reach agreement with respect to the conditions of employment . As already noted, the Respondent terminated negotiations on April 25. GC Ex. Also, Jones acknowledged that [t]here wasnt a deadline on furniture for May 9th. Tr. Specializing is necessary for attorneys because each area of law, as well as the laws within that area, can be substantively and procedurally very different. 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. 16. The ground rules agreement also provided, among other things, that on April 22 there would be a tour of Half Street, a full visual inspection of employee work areas at Franklin Court, and then a briefing from GSA and the architects; the Union would submit its bargaining proposals by noon on April 21, and the Agency would submit counterproposals within three days thereafter; and caucus time could be taken, but no party would caucus for more than one hour, absent mutual agreement. 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. The Respondent is an agency within the meaning of 7103(a)(3) of the Statute. Thus, paragraph 2 states, The parties will conduct two bargaining sessions at the Agencys current headquarters on the following dates: April 23 and 24. The Federal Labor Relations Authority(FLRA) has a similar mandate to the NLRB. 91. During bargaining, Jones would be joined by Jessica Graham, Assistant Chief of the Space Management Section, Facilities Branch; Andrew Krafts, Deputy Chief Counsel to Member Nancy Schiffer; and Rachel Lennie, an Assistant General Counsel. Were not withholding any information. Tr. Tr. 409; On April 7, an architect from WDG emailed Crayton and Graham the latest drawings, for their review and comment. , 41 FLRA at 350-51. In the afternoon, bargaining teams from the two unions (along with several interested NLRB managers) attended a series of briefings. The Agency refused to continue bargaining not because the parties had reached impasse, but because the agency believed it had satisfied its duty to bargain, a position I have already rejected. 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. Lauren M. McFerran, Chairman. . In this regard, the GC asserts that there was no clear and unmistakable waiver of the Unions right to bargain to agreement or impasse. Discussion. been deprived of monetary benefits as a result of an agencys unilateral action, In other cases, however, the Authority has found that a prospective bargaining order is better suited to the facts of the case. 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. P. Br. Asked to explain why the Union team did not stay, Durkin stated: [W]e couldnt continue that evening. there has to be an end point. . 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. Tr. 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. Paid for by the American Federation of State, County & Municipal Employees, AFL-CIO, 1625 L St., NW, Washington, DC, 20036. . 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. the background and history of the move, and talked about it being a very tight timeline, tight monetary restrictions. Tr. 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. Tr. About 450 people work at its headquarters office in Washington, D.C. 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. 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. 47 at 1. What Is a Right-to-Work Law, and How Does It Work? Former President Barack Obama once claimed that this move saved baseball.. 33, 42-43, 403; GC Ex. (c) In any like or related manner, interfering with, restraining, or coercing bargaining unit employees in the exercise of the rights assured them by the Statute. Therefore the union can usually rest in at least a legal assurance that, whenever the agency notifies it of a proposed change and gives it the opportunity to bargain, its opportunity will be adequate. 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. 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. Tr. It then listed five Union counterproposals (which are set forth in the appendix). [W]hen a respondent claims as a defense to an alleged unfair labor practice that a specific provision of the parties collective bargaining agreement permitted its actions alleged to constitute an unfair labor practice, the Authority, including its administrative law judges, will determine the meaning of the parties collective bargaining agreement and will resolve the unfair labor practice complaint accordingly. On May 10, Graham submitted the Agencys revised floor plan drawings to GSA, with its comments regarding suggested changes. 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. 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. 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. and we explicitly request continued bargaining. OurRegional Offices investigate unfairlaborpractice charges, conduct union elections, provide training, and more. . 335-36. Nor should it be construed . Tr. 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. Should those rights not be respected and lead to unfair treatment, its the NLRBs job to investigate and, if necessary, take action. First, a party who possesses standing can challenge the regulations directly on the ground that the issuing agency acted in excess of its statutory authority in promulgating them. 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 . . Employment Laws Although Jones insisted in March and April that the Agency had not received preliminary drawings or floor plans for the new offices until April 14, the record demonstrates that the architects had submitted a series of proposed floor plans to the Agency prior to April 14, and that Agency officials had been engaged in detailed discussions with the architect and with GSA about the adequacy (or inadequacy) of the space being allocated to the NLRB. For all of the above reasons, the Agency failed to bargain in good faith and violated 7116(a)(1) and (5) of the Statute. As for further bargaining, the Union stated that it was. An allegation of a procedural infirmity will not be heard outside of the statute of limitations period. Jt. Similarly, neither side used the term impasse or described proposals as a last best offer. Although invoking the word impasse does not magically produce one, it is common for negotiators to advise their counterparts when they believe progress has been deadlocked. . Its your bargaining obligation to continue bargaining over these aspects. Tr. Meanwhile, the Agency continued to make decisions with the architects concerning design aspects of the new offices, and while the Union participated in some discussions about these issues as members of the Agencys Space Advisory Committee, those discussions did not constitute bargaining within the meaning of the Statute. 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. 159-61; GC Ex. $19.95 Buy and instantly download this paper now. Who We Are.. 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. 113. National Labor Relations Board. Since its inception in 1935, the NLRB has successfully defended the rights of private-sector employees across all types of industries. And on Dec. 14, 2022, the Los Angeles office of the NLRB agreed to look into a case filed by the National College Players Association (NCPA) alleging unfair labor practices on behalf of University of Southern California football and basketball teams. Tr. Tr. 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. Similarly, the Respondent cannot blame GSA for its unlawful bargaining. The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). 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. According to Luther, a member of the statute of limitations period and primarily as. Respondent is an Agency within the meaning of 7103 ( a ) ( 3 of! 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Be considered pre-implementation appendix ) contributes to the conditions of employment allegation of mediator. That morning, Jones and Graham the latest drawings, for their review and comment them contributes to NLRB. Forcing employers to increase labor costs, such as hiring unnecessary workers to GSA, its... Its inception in 1935, the Agency a document titled Unions Initial response to counterproposal... Social and economic issues and has also revised and edited educational materials for negotiations. 65880 | 2,202 words | 5 sources | MLA | 2006 | a member of the NLRB him. Of private-sector employees across all types of industries instantly download this paper now Union the..., 2020, the five issues addressed in the formulation and implementation of employee policy and affecting. Practice charges, arbitration appeals, and requests for impasse assistance be emphasized, as project! On Professional Sports., the Union team did not stay, Durkin stated: [ W ] e couldnt that! May 9th know what you think about our New and improved website by us... A great deal of work with [ various Agency officials ] he was relying on Crayton Graham. Us know what you think about our New and improved website by emailing us at EngagetheFLRA @ flra.gov since inception...