. As part of this process, the Agency established the Space Advisory Committee around November 2012. But I, again, reiterated to them that we were willing to stay late to try to hammer out an agreement. Jt. 137; GC Ex. Notwithstanding the lack of drawings, Jones and Durkin began on March 12 to discuss ground rules and potential dates for negotiations. 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. The Respondent notes next that the Union withdrew its five initial counterproposals on April 29. 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. FLRA, 39 F.3d 361 (CADC 1994); Defense . . 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. ssues. 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. 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. Tr. . 42 at 1. . Held. The GC and the Charging Party argue for a retroactive bargaining order, while the Respondent argues that a retroactive order would be inappropriate. In setting forth the distinction, Ill start with labor laws because they represent a much narrower area of law than employment laws. 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 (. 450. 112-14, 169. Hiro Isogai, a designer at WDG, showed slides of each floors layout, explained their details, and answered questions. 121, 413, 448-49; GC Ex. 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. Tr. In the afternoon, bargaining teams from the two unions (along with several interested NLRB managers) attended a series of briefings. 38. 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). Tr. 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. 40. The Unions two other counterproposals were very similar to Agency proposals, indicating that further discussions could have led to an agreement. 74-75; GC Ex. 7 at 1-3. On May 19, the Union filed the ULP charge. First, on the morning of April 24, the Agency revealed that it lacked information on, and had not made decisions about, issues pertaining to frosted glass (Union Proposal 14), cubicle height (Proposal 20), task lighting (Proposal 24), coat hooks (Proposal 28), and furniture (Proposal 36). Tr. Resp. Dissent. 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. (a) 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. 3 at 1. Tr. The Taft-Hartley Act is a 1947 federal law that limits the activities and power of labor unions. The President can designate the Chairman with no separate Senate confirmation required. 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 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). As Luther described in her testimony, the five issues addressed in the Unions Initial response to Agencys counterproposal of 4/24/14 (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. GC Ex. This includes such matters as union organizing, collective bargaining negotiations, and unfair labor practice charges. GC Ex. 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 . The FLRA was adopted after President Jimmy Carter sought legislation to bring comprehensive reform to civil service system and regularize federal labor relations. . Tr. On May 9, Lennie gave the Union a list of the location and size of each employees workspace at Franklin Court. 479. The FLRA is an independent administrative federal agency that administers the labor-management relations program for 2.1 million non-postal federal employees worldwide. Tr. If the parties had truly intended to establish a fixed time period for the negotiation of all issues related to the Agencys relocation, it could have done so, simply by stating that April 24 would be the last day for bargaining and by further specifying a fixed period for engaging in mediation and invoking FSIP assistance. 375. 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. And at that time, at 6:30, the Agency had already rejected its own proposals. counterproposal, the Union was withdrawing its counterproposal and reverting to its original proposals of April 21. Isogai indicated that there had been a number of iterations of the drawings (Tr. 3; Tr. 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. 236. 1935 Passage of the Wagner Act., National Labor Relations Board. National Labor Relations Act., National Labor Relations Board. 237. (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. AFSCME will also encourage elected officials at all levels to commit to allowing workers to freely choose unions by using voluntary recognition, expedited elections and neutrality agreements; and. It is their duty, when called upon, to hear labor disputes and resolve them through quasi-judicial proceedings. Since seven months went by after that declaration, with no negotiations, the Agencys limited offer to bargain in November was far too little, and extremely late. Sotomayors Baseball Ruling Lingers, 14 Years Later., The Washington Post. 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. Also on April 14, an architect at WDG provided Jones with updated drawings for Half Street. Learn more about federal labor-management relations, including unfair labor practices, representation matters, impasses, and negotiability. . In determining whether a party has fulfilled its bargaining responsibilities, the Authority considers the totality of the circumstances of the case. By walking away from the table before there was a deadlock, and by then implementing unilateral decisions concerning conditions of employment at the new building, the Agency violated its duty to bargain in good faith and thus violated 7116(a)(1) and (5) of the Statute. With the game in disarray, the NLRB persuaded then-District Court Judge Sonya Sotomayor to issue an injunction that required team owners to reinstate the provisions of the old collective bargaining agreement. Find a listing of FLRA contacts that you can call for more information. at 12. Nixon sent Jones a Union counterproposal, Jones rejected it, and the Union then accepted the Agencys latest draft, which was signed that same day. 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. GC Ex. The relocation process involved a series of drawings that would increase in complexity as the project progressed. Clearly, the Respondents national office was involved in this ULP, which involved negotiations over the relocation of its national headquarters. The evidence thus shows overwhelmingly that the parties had not reached impasse at any time, and that mediation might have been exactly what the parties needed to bridge their differences. At this time FLRA remains fully operational. 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. The court has distinguished three types of challenges on appeal. 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. Labor-Management Relations Statute, Chapter 71 of Title 5 of the U.S. Code, 5 U.S.C. On Wednesday, April 23, the Unions bargaining team met with Agency representatives Jones and Graham. If the Agency had not cut off bargaining, the parties could easily have reached agreement on these points. 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. About 450people work at its headquarters office in Washington, D.C. Tr. Griffin also referred to competing concerns from the different divisions within the Agency. Tr. One example of such a proposal was Union Proposal 36, requiring bargaining over furniture at a later time. Employment laws are essentially all employment-related laws that are not labor laws. Jones replied, Not on April 10th. 39. Tr. Employee Relations and Labour Relations are different, but with significant overlap, in principle, to ensure greatest success within any organization. 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 participation of employees in the formulation and implementation of employee policy and procedures affecting them contributes to the effective conduct of public business. Specifically, the Authority has found that office relocations involve changes in conditions of employment, and that agencies must negotiate the impact and implementation of such moves that is, the procedures to be followed in implementing the relocation and appropriate arrangements for employees affected by the move. The FLRAis the federal public sector counterpart to the National Labor Relations Board (NLRB), which governs labor relations between private sector employees and employers. These activities are governed by a handful of federal and state laws, the most prominent being the National Labor Relations Act (NLRA). National Labor Relations Board. 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. What is the Purpose of the National Labor Relations Board (NLRB)? The Federal Labor Relations Authority (FLRA) is an independent agency of the United States government that governs labor relations between the federal government and its employees. . 288), and Graham and Jones both acknowledged that no agreement was reached. 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). 25. 52. OurRegional Offices investigate unfairlaborpractice charges, conduct union elections, provide training, and more. The FLRA is an independent administrative federal agency that administers the labor-management relations program for 2.1million non-postal federal employees worldwide. 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. If complete agreement is not reached after the conclusion of negotiations, either party may request mediation from the Federal Mediation and Conciliation Service (FMCS). willing to continue bargaining regarding the headquarters relocation by various means, including but not limited to face-to-face bargaining, telephonic bargaining, email and video conferencing. . I also believe that in these factual circumstances, the Union should, as the court envisioned in. Also, Jones acknowledged that [t]here wasnt a deadline on furniture for May 9th. Tr. . . 472. at 12, 14. 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. The agreement provided, in pertinent part: 2. 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. . Tr. About NLRB., National Labor Relations Board. 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. 403-04. 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. By mutual agreement, the parties may agree to additional dates for face-to-face bargaining. The Chicago Regional Office of the Federal Labor Relations Authority offers this training to parties involved in "change bargaining" under the Federal Service Labor-Management Relations Statute. Harry Jones, Assistant General Counsel for Labor and Employee Relations, represented management during the move. 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. 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. 37 at 2. The FLRA is charged with safeguarding. GC Exs. . Jones was asked whether he had any version of the drawings, draft or otherwise, that he was not disclosing. . Otherwise, if retroactivity of any term is dependent on the Respondents consent, the negotiations are likely to be as fruitless as those on April 23 and 24. Tr. , 41 FLRA at 350-51. Find everything you need to know about filing a casewith the FLRA. 105. The Union asserted that its tentative agreement to the counterproposals does not limit or waive the Unions right to submit proposals and/or counterproposals, and to engage in bargaining regarding headquarters relocation. 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 . The U.S. Court of Appeals for the D.C. President John F. Kennedy (Memorandum to the Heads of Agencies on Employee-Management Relations in the Federal Service, June 22, 1961). . Durkin emailed the Agency team, thanking them for their time and stating, We could not reach a complete agreement by this evening, having not received the Agencys counter-proposals until 4:00 p.m. We will thoroughly review those proposals in the coming days in order to submit an appropriate response on April 30. GCEx. The Respondent did not object to the motion, and I granted it. Ch. 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. Tr. Although it kept the Space Advisory Committee apprised of what was happening with the construction and allowed the committee members to express their opinions at certain times, many of the committee members were not part of the Unions bargaining unit, and this process was not bargaining. Its work often makes the news and has helped to shape American labor practices. 23 at 11-12, 15-16, 27-32), and some were dated April 11 (. some of the areas [of] discussions that we had with the Union, such as the Unions suggestion to have a second nursing room. We had bargained all day. 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. 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. . Find a listing of all of the FLRA's current job openings. Durkin and Luther complied. 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. Issue. 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. More importantly, the Union continued to keep its original forty-one proposals on the table. Tr. Further, almost half of the Unions original proposals (the same sixteen that I enumerated above) were not tied to the May 9 deadline. 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. 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. But since this is the agencys problem and not the unions, the union often has only a more or less passive interest in how the agency arranges to fulfill its obligation as long as it does fulfill it. 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. Effective Friday July 31, 2020, the agency now extends the prohibition on in-person filings indefinitely. at 1, 5; The Respondent contends that it fulfilled its bargaining obligation under the Statute. The 60 day period for seeking judicial review set forth in the Hobbs Act is jurisdictional in nature, and may not be enlarged or altered by the courts. 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. What is the difference between NLRB and FLRA? Published on May 23, 2006 in Law ( Labor ) , Business ( General ) Tweet. The parties had only begun to discuss the many issues on the table, neither side had submitted a full range of counterproposals, and the Agency inexplicably refused even to attempt mediation. the judges discussion of the agencys duty to allow a reasonable time for the bargaining process to occur. The Respondent has the burden of proving any affirmative defenses. Therefore, it could hardly be said on April 24 that further negotiations would be fruitless; on the contrary, further negotiations were inevitable. Who We Are.. 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. Luther also stated that the Union would be contacting the FMCS for assistance. 5 C.F.R. The Authority has held that a retroactive bargaining order is appropriate where a respondents unlawful conduct has deprived the exclusive representative of an opportunity to bargain in a timely manner over negotiable conditions of employment affecting bargaining unit employees. Date: _________________ By: _______________________________________________ Chairman, National Labor Relations Board (Signature), Date: _________________ By: ______________________________________________ General Counsel, National Labor Relations Board (Signature). WHEREAS: 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. , Assistant General Counsel for labor and employee Relations and Labour Relations are different, but with significant overlap in! The GC and the Charging Party argue for a retroactive order would be the! Deadline on furniture for May 9th, when called upon, to ensure greatest success within any organization such as! Showed slides of each employees workspace at Franklin court federal labor Relations (!, 15-16, 27-32 ), and answered questions bargaining process to occur ULP charge regularize federal Relations. And more project progressed its own proposals within the Agency had already rejected own... Laws because they represent a much narrower area of law than employment are... 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