. 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. 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. . Jt. Gwynne A. Wilcox. It didnt have to be face-to-face. Concurrence. . 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. and we explicitly request continued bargaining. GC Ex. GC Ex. Jones stated that there were no existing drawings for Half Street, but he promised to provide such drawings [o]nce the architects have completed the design. GC Ex. The National Labor Relations Board (NLRB) is an independent federal agency created in 1935 and vested with the power to safeguard employees' rights to organize, engage with one another to seek better working conditions, choose whether or not to have a collective bargaining representative negotiate on their behalf with their employer, or refrain 38. At this time FLRA remains fully operational. 5. . Substantive bargaining did not begin until the second day, at which time the parties discussed most of the forty-one proposals submitted by the Union. Many of these proposals were not related to the size of individual offices or cubicles, and indeed the Agency itself had no way of properly or knowledgeably negotiating many of these subjects (such as the height of cubicle walls, frosting on glass, and options for furniture, flooring, and walls) in April or May. 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. Graham testified that the Agencys comments to GSA incorporated . Find a listing of FLRA contacts that you can call for more information. 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. The GC and the Charging Party argue for a retroactive bargaining order, while the Respondent argues that a retroactive order would be inappropriate. The FLRA claimed that judicial review was barred by the sixty day statute of limitations. Were moving. Jones responded to Durkins request on February 10, providing a timeline for the move and floor plans of the Franklin Court building. . Tr. 2423.32. Brief Fact Summary. Durkin testified at the hearing that she had already requested much of this information, but had not received it, in earlier requests. As a result, when formal bargaining with the Union began on April 23, the floor plans were largely fixed, as the GC claims. The General Counsel contends that the ground rules agreement does not excuse the Respondents actions. 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. GC Ex. After lunch, the Union team met with Graham to ask her questions about the design plans. 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. In answering that question, it is important to evaluate whether the parties have thoroughly discussed the disputed issues and all ways of reaching a compromise on those issues. 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. Tr. On Monday, April 21, the Union submitted forty-one bargaining proposals. This is especially true for proposals calling for future bargaining over specific issues, such as furniture (Proposal 36), boxes for moving personal items (Proposal37), and commuting grace periods (Proposal 37). 413. 72-73; GC Ex. GC Ex. WHEREAS: It did so by negotiating ground rules for bargaining over the relocation, and then by negotiating with the Union for the time allotted to negotiations in those ground rules. 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 104. Graham and Lennie responded that the Agency was requesting those changes. . 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 FLRA initially decided that disclosure was "prohibited by law" under 7114 (b) (4). GC Ex. The NLRB covers most of the private sector. Jones replied that the design plans were the Agencys proposals. The key question is whether additional bargaining (in which the good faith of both parties is presumed) might produce an agreement. GC Ex. at 1, 5; The Respondent contends that it fulfilled its bargaining obligation under the Statute. In the weeks and months that followed, the Agency unilaterally made decisions about the design and layout of the new headquarters, including issues such as office furniture and other matters that had been discussed (but not resolved) during bargaining. at 30. 105. 13. 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 Agency would have offices on the third through sixth floors. 85-88; GC Ex. The Authority has defined impasse as that point in negotiations at which the parties are unable to reach agreement.. 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. Ex. An allegation of a procedural infirmity will not be heard outside of the statute of limitations period. Effective Friday July 31, 2020, the agency now extends the prohibition on in-person filings indefinitely. GSA signed a lease on behalf of the Agency, on January 29, 2014. for the Agencys new headquarters space, located in a newly constructed building at 1015 Half Street, S.E., Washington, D.C. (Half Street). The Union team attempted to see what the differences were between the Unions proposals and the Agencys counterproposals. . 107. Watch free online FLRA trainings on our Youtube channel and dont forget to subscribe to receive updates on new videos. Tr. The Taft-Hartley Act is a 1947 federal law that limits the activities and power of labor unions. . The NLRB refused, and an unfair labor practice proceeding ensued. 322.) 472. Brief Fact Summary. As the GC has noted, between February 5 and April 14 the Union repeatedly requested preliminary drawings of the new offices floor plans and details regarding the size and configuration of the existing offices of bargaining unit employees. National Labor Relations Act., National Labor Relations Board. . 32 at 1. Lauren M. McFerran, Chairman. By the time negotiations began with the Union on April 23, it was apparently too late for such changes: the Union was told it could only tweak the floor plans. 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. 1974 Health Care Amendments., National Labor Relations Board. It also helps employees conduct union elections. Employment laws are essentially all employment-related laws that are not labor laws. When an agency has an obligation to bargain, it must continue bargaining until (1)the parties have reached agreement on all negotiable proposals; (2) an impasse has been reached following good faith bargaining, with no timely invocation of the statutory impasse procedures; or (3) the union has waived its bargaining rights. In the proposed ground rules, the Union called for an initial bargaining session. The Union represents a bargaining unit of professional and nonprofessional employees who work for the Agencys General Counsel (at the headquarters building and at its regional offices), as well as a second unit of nonprofessional employees who work for the Chairman and Members (the Board) at the headquarters building. 37 at 2. 43-44, 323, 404; GC Ex. . 274. 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. As already noted, the Respondent terminated negotiations on April 25. Its your bargaining obligation to continue bargaining over these aspects. Tr. Case digests provide a brief synopsis of the most pertinent principles in merits decisions issued by the Authority. On April 30, Larry Sutton informed Jones and others at the Agency advising that the GSA needed to receive any Management and Union changes to the space plan/layout . 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 . The Respondent did not object to the motion, and I granted it. Tr. 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. . The Union asked to submit its remaining counterproposals the following week, and to resume bargaining thereafter, since it had not had time to prepare a response on all issues. . 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. GC Ex. Tr. 41, 194); and Katrina Woodcock, a senior field attorney in the Washington Resident Office (Tr. We also reference original research from other reputable publishers where appropriate. Jt. Know Your Legal Rights Before Your Start, Positive Communication: How to Elevate Customer Experience, Age Discrimination in Employment Act (ADEA), The Myth of the Two Weeks Notice Requirement. , the agency must allow a reasonable time for the bargaining process to occur. Nonetheless, when the Union requested mediation, the Agency refused to participate. Jones also acknowledged on the morning of April 25 that there was more bargaining for the parties to do, when he faulted the Union for ending talks at 6:30 p.m. It is their duty, when called upon, to hear labor disputes and resolve them through quasi-judicial proceedings. . . 22. However, other actions by the Agency on and before April 25 contributed to the failure and ultimate breakdown of negotiations. The NLRB works mainly with the private sector; the NLRB administers the National Labor Relations Act through conducting elections to determine if employees want union representation in addition to investigating and remedying unfair labor practices by employers and unions (United States Department of Labor, n.d.). The NLRB cannot open cases on its own. 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). 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. 23. 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. One important difference between the two laws is the scope of the authorized collective bargaining process. In an exchange of emails between the Union and Saunders on May5, Luther reiterated the Unions interest in mediation to assist us in resolving the issues with the Agency, and she suggested the week of May 13th for that purpose. 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. Tr. That AFSCME will publicize how the current NLRB and FLRA are enforcing our federal labor laws to hinder, rather than promote, collective bargaining. 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). Find everything you need to know about filing a casewith the FLRA. 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. GC Ex. Where they mainly differ is in the portion of the workforce they serve. . Labor Union: Definition, History, and Examples. [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. at 12, 14. . 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. 29 at 3-4. Ex. Specifically, the architects determined that the authorized space was insufficient to accommodate the Agencys functional requirements, and the parties needed to get approval from GSA for about 8000 more square feet of space. Around this time, an architecture firm, WDG, was selected to design the interior space at Half Street. . GC Ex. With regard to a remedy, the GC asks that I order retroactive bargaining. I also believe that in these factual circumstances, the Union should, as the court envisioned in. No. What is the Purpose of the National Labor Relations Board (NLRB)? If the Union had had the opportunity to argue for its proposals in February or March, it might have been able to persuade management, the architects, and GSA that the Agency needed an additional 10,000 or 12,000 square feet, rather than 8,000. 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. 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. D.C. 165, 126 L.R.R.M. 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. The next day, Woodcock informed Jones that the Union would be willing to meet with him to discuss furniture, but that the meeting would not constitute bargaining or a satisfaction of the Agencys bargaining obligation, in light of ongoing efforts to settle the underlying ULP charge previously filed by the Union. The Agency isnt even prepared to make decisions on these aspects[] of the relocation. We had stated directly in our proposals for a tentative agreement that we were willing to bargain by any. 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). 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. 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. We were quite exhausted. 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. However, Lennie indicated that the Agency would look into seeing whether they could find additional space for more stalls. cubicles. Tr. With respect to the Agencys obligation to bargain over the relocation, Jones testified, We gave them the drawings. Fine, were obligated to bargain. 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 . In this regard, the GC asserts that there was no clear and unmistakable waiver of the Unions right to bargain to agreement or impasse. 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). Nor should it be construed . And hiring an attorney who dabbles can lead to bad outcomes. 367, 465. 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. First, the Agency had already made the decision, with GSA, to utilize GSAs FIT program, which significantly narrowed the remaining options for furniture. counterproposal, the Union was withdrawing its counterproposal and reverting to its original proposals of April 21. (a fact the Agency belatedly understood several months later, when it offered to return to the table), and the Agencys termination of bargaining in April was arbitrary and unreasonable. What Is the National Labor Relations Board (NLRB)? On the other hand, if the Agency had not yet implemented its plans concerning furniture for the new headquarters in late November, the question arises whether its offer to bargain on this issue on November 24 satisfied its duty to bargain. It's a tool that's. 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.. (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. Who We Are.. The issue before me is whether, by participating in the two days of negotiations called for in the ground rules agreement, the Agency fulfilled its statutory duty to bargain concerning the relocation. 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 . 17 at 1. 32, 264. 450. 16. Find everything you need to know about filing a casewith the FLRA. Durkin and Nixon asked more questions, most of them directed at Graham, regarding changes that could be made to the drawings. 47 at 1. the Agencys counterproposals to find the things that we could agree on. Tr. . The Board. Tr. 13, 15. . The FLRA claimed that judicial review was barred by the sixty day statute of limitations. While the parties had some subsequent discussions about the relocation, no further negotiations occurred until at least November. FLRA vs. NLRB. 425. 14 at 3. Notwithstanding the lack of an agreement with the Union on the impact and implementation of the relocation, the Agency asserts that it fulfilled its bargaining obligation because (1) the Union had waived its right to bargain beyond April 24 by signing the ground rules agreement, and (2) the negotiations reached impasse on April 24. This is an unfair labor practice (ULP) proceeding under the Federal Service. We had bargained all day. . I guess we will have to agree to disagree about any further bargaining. 237. The Authority has stated that the location in which employees perform their duties, as well as other aspects of employees office environments, are matters at the very heart of the traditional meaning of conditions of employment.. 479. The Board is composed of 3 members, nominated by the President of the United States, with the advice and consent of the Senate, for a term of 5 years. By specifying the dates on which negotiations would occur, and by eliminating language proposed by the Union that referred to the sessions as initial bargaining, this language suggests that these were the only two days on which bargaining was required, and that further bargaining would be scheduled only by mutual consent. The chart below details steps in the unfair labor practice process. . In the afternoon, our team worked as quickly as possible to prepare a good-faith counterproposal in which we tried to address the Unions concerns. Accordingly, the Union will submit a proposal and/or counterproposal to the Agencys 4/24/14 counterproposal on April 30, 2014. 33, 35. National Labor Relations Board. 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. 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. 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. . When the parties began face-to-face negotiations on April 23, they had signed off on the ground rules less than a week earlier. 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. Should those rights not be respected and lead to unfair treatment, its the NLRBs job to investigate and, if necessary, take action. For all of the above reasons, the Agency failed to bargain in good faith and violated 7116(a)(1) and (5) of the Statute. Tr. The most important decisions allocating space to each of the Agencys various departments, determining the size and number of offices, cubicles, and break rooms had already been made by the time the Union first saw the floor plans on April14. None. Jt. Collective bargaining is the process of negotiating terms of employment between an employer and a group of workers. 112-14, 169. 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. 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