On May 16, Jones provided an additional response to the May 6 information request, forwarding to the Union a variety of drawings for Half Street, including some dated March 26 (GC Ex. . On March 10, Durkin noted that the construction schedule called for final DIDs to be submitted by March 13, and for Agency review and approval to be completed by March 27, yet the Agency had not even begun ground rules negotiations with the Union; she asked how the Agency intended to provide a reasonable amount of time for bargaining with the Union, in light of these facts. Nonetheless, the union and the GCargued that the agency was obligated to begin bargaining once the relocation was contemplated., . The NLRB refused, and an unfair labor practice proceeding ensued. 300, 439-41. WE WILL NOT, in any like or related manner, interfere with, restrain, or coerce bargaining unit employees in the exercise of the rights assured them by the Statute. 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. At the time of the hearing, the relocation of the NLRB headquarters was scheduled to take place by June 2015. The Authority has held on a number of occasions that after an agency has unilaterally implemented changes in conditions of employment, subsequent offers to bargain over the changes do not cure the statutory violation, and post-implementation actions are irrelevant. This article incorporates public domain material from the United States Government. The caucus lasted from approximately 1:15 to 4:00 p.m., at which time the Agency transmitted a list of twenty-three counterproposals to the Union by email. Some of the drawings were dated April 9 (GC Ex. Created by the Civil Service Reform Act of 1978, it is a quasi-judicial body with three full-time members who are appointed for five-year terms by the President with the advice and consent of the Senate. 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. 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. Tr. 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. . What Is the National Labor Relations Board (NLRB)? and agreed to get it to us as soon as he was able to. Tr. Marvin E. Kaplan. 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. At 6:11 p.m., the Union sent the Agency a document titled Unions Initial response to Agencys counterproposal of 4/24/14. Tr. . By mutual agreement, the parties may agree to additional dates for face-to-face bargaining. 18, 19. According to Luther, Sutton also said that there had been a great deal of work with [various Agency officials] . I also believe that in these factual circumstances, the Union should, as the court envisioned in. 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). . Tr. . D.C. 165, 126 L.R.R.M. It just wouldnt work. Tr. . But I find the determination of the Authority in the, situation strikingly similar to ours, to be instructive and persuasive. 29 at 1. By the time the Agency made its limited offer in November to bargain, it had already implemented many aspects of the relocation plans, by making commitments with GSA and the architects. Dec. 4, 1987), NLRB Union v. Federal Labor Relations Authority, 834 F.2d 191, 1987 U.S. App. Tr. The NLRB continues to be in the news. Tr. The Union team had not seen the entire Franklin Court facility the previous day, so the parties agreed to spend the morning continuing Tuesdays walk-through. 431. 465. One example of such a proposal was Union Proposal 36, requiring bargaining over furniture at a later time. On April 3, Jones told the Union, with regard to a walk-through of Franklin Court, that people will be working and cannot be disturbed, so you should not plan on measuring/inspecting individual employee workspace or conversing with employees during duty time. GC Ex. 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. and it didnt fit. Tr. Indeed, it appears that the ground rules were hammered out entirely by exchange of email, rather than by telephone or face-to-face discussions. . for commenting on the design drawings for Half Street. 43-44, 323, 404; GC Ex. 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. . 11 at 1. Tr. Tr. 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. Tr. No. 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. encompassed in those proposals. 451. cubicles. . Teams Virtual Training 10am - 12:00pm EST, Teams Virtual Training 11:00am - 12:00pm EST, U.S. Forest Service, Collbran Job Corps Civilian, Conservation Center, Collbran, CO (Agency) and National Federation of Federal Employees, IAMAW, AFL-CIO (Petitioner/Labor Organization), American Federation of Government Employees, Local 1858 (Union) and United States Department of the Arrmy, Redstone Arsenal, Alabama (Agency), National Treasury Employees Union (Union) and United States Department of Agriculture, Food and Nutrition Service (Agency), Collaboration and Alternative Dispute Resolution Office (CADRO), Archival Decisions, Legislative History, & Foreign Service Decisions, Meetings under the Statute, Investigatory Examinations, Formal Discussions, Bypasses, Susan Tsui Grundmann Designated FLRA Chairman, The FLRA Proposes Revising Its Regulations, and Revoking a Related Policy Statement, Concerning the Revocation of Written Assignments for the Payment of Union Dues, The FLRA Releases Training Video on Labor Management Forums, The FLRA and its Recognized Union of Authority Employees Reestablish Internal Labor-Management Forum, FLRA Invites Customer Input on Representation Issue, FLRA Swears in Member Susan Tsui Grundmann. 137; GC Ex. Tr. Collective bargaining is the process of negotiating terms of employment between an employer and a group of workers. 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 . . The key question is whether additional bargaining (in which the good faith of both parties is presumed) might produce an agreement. . Let us know what you think about our new and improved website by emailing us at EngagetheFLRA@flra.gov. Isogai indicated that there had been a number of iterations of the drawings (Tr. Br, (2) the Unions proposals were focused almost entirely on the maintenance of the size of current office space and configuration[,] the Agency rejected the Unions space proposals, the Union did not retreat from its position on maintaining current size and configuration of office space in its partial counter, and the Agency rejected the Unions counterproposals (. The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). On May 10, Graham submitted the Agencys revised floor plan drawings to GSA, with its comments regarding suggested changes. It then listed five Union counterproposals (which are set forth in the appendix). Giving employees the freedom to decide whether they want union representation and, if yes, by which union by conducting secret ballot elections. 7101-7135. When some alternative features were suggested, he said, no, weve tried that . 105, 233. Tr. 25 at 5, 7. 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. . Tr. When the parties began face-to-face negotiations on April 23, they had signed off on the ground rules less than a week earlier. 237-38. What We Do., National Labor Relations Board. 8 at 2. Tr. Fine, were obligated to bargain. Finally, a nationwide posting will emphasize to employees that the agency that enforces labor laws in the private sector must itself comply with labor laws in the public sector. On May 9, Lennie gave the Union a list of the location and size of each employees workspace at Franklin Court. Thus, when the Union asked to bargain on February 5, the Agency was required to do so. Board Members are appointed by the President to 5-year terms, with Senate consent, the term of one . 3 at 2. FEDERAL LABOR RELATIONS AUTHORITY OALJ 16-16 Office of Administrative Law Judges WASHINGTON, D.C. 20424. He said that when the management team caucused after lunch on the 24th, we were only able to begin discussion of the Unions 40+ proposals . . When they have agreed on an issue, the presumption should be to implement it retroactively, although the Union will have to weigh the feasibility and the cost of retroactivity, insofar as it affects what the Agency may otherwise be able to agree to, in the overall agreement. We didnt get them I didnt get them till April 14th, when Troy Crayton passed them out to everyone. Tr. 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. Tr. 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. . 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. Should those rights not be respected and lead to unfair treatment, its the NLRBs job to investigate and, if necessary, take action. On Monday, April 21, the Union submitted forty-one bargaining proposals. 106. The FLRA is charged with safeguarding the rights of certain non-postal federal employees, while the NLRB protects the rights of most private-sector employees. D.C. 165, 126 L.R.R.M. If the Agency had not cut off bargaining, the parties could easily have reached agreement on these points. 2; Tr. 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. these things. The FLRA is charged with safeguarding. 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 also stated that he was relying on Crayton and Graham to provide him the drawings. (All communication between the parties was by email, unless otherwise noted.) The FLRAis the federal public sector counterpart to the National Labor Relations Board (NLRB), which governs labor relations between private sector employees and employers. We dont intend to waste our time, and that of a mediator, to engage in a useless undertaking.. So what we decided to do . , 41 FLRA at 350-51. 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. Despite significant differences between the parties' proposed telework arrangements, both parties identified maximizing telework opportunities for bargaining unit employees as a primary interest. 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. 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 Regional Offices., National Labor Relations Board. Tr. 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. . Jt. 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. Theres a lot of technology out there that you can use for that sort of thing. Tr. And at that time, at 6:30, the Agency had already rejected its own proposals. The Respondent notes next that the Union withdrew its five initial counterproposals on April 29. The April 23 session ended at that point; the parties left it that we disagree[] as to whether bargaining would continue beyond the next day. 202. Durkin and Nixon asked more questions, most of them directed at Graham, regarding changes that could be made to the drawings. The NLRB cannot open cases on its own. 30 at 3. 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. 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. The three members cannot be from the same political party. The Union caucused briefly to consider what to do next. 30 at 3 & 32 at 1-2. 1(c). 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. counterproposal, the Union was withdrawing its counterproposal and reverting to its original proposals of April 21. Before implementing a change in conditions of employment, an agency must provide a union with notice of the change and an opportunity to bargain over those aspects of the change that are within the duty to bargain, if the change will have more than a de minimis effect on conditions of employment. Synopsis of Rule of Law. The National Labor Relations Act (NLRA) was passed in 1935 and later amended by the Labor Management Relations Act (LMRA), also known as the Taft-Hartley Act, in 1947. 38. 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. 12. The Respondent did not object to the motion, and I granted it. The History of Unions in the United States, Amazon (AMZN) Union Gets Split Decision in NYC, Bernie Sanders's Economic Plan: A Second Bill of Rights. . . 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. NLRB Deputy General Counsel Jennifer Abruzzo and Chief Financial Officer Ron Crupi then informed the union officials about financial aspects of the move. 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. ", National Labor Relations Board. 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. A petitioners claim that a regulation suffers a substantive deficiency other than lack of statutory authority can be heard on appeal after an agency denies the petition, but the review is limited to the narrow issues defined by the denial of the petition. There are five people in total on the NLRBs board. 375. 25. Employers and employees seeking help with labor or employment matters would be well-served to ensure they hire an attorney that specialize in the area of law for which they need the help. 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. Jt. 33, 35. The Respondent alleges that after meeting with the Union negotiating team on April22 and then bargaining with them on April 23 and 24, the parties had reached impasse, as neither party had budged an inch on its proposals on the size and configuration of space. Resp. 431. The document began, The Union has not had sufficient time to create a complete counterproposal to the Agencys counterproposal of 4/24/14. With respect to the Agencys obligation to bargain over the relocation, Jones testified, We gave them the drawings. , retain . . Tr. In the proposed ground rules, the Union called for an initial bargaining session. Iagree with the Union that this was not sufficient time for the Union to respond fully to the Agencys counterproposals. 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 above precedent, I find that the planned relocation to a new building involved a change in conditions of employment. . FLRA, 39 F.3d 361 (CADC 1994); Defense . 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 . Nonetheless, their disagreement about the meaning of paragraph 2 of the ground rules agreement became evident almost immediately. As for whether the parties discussed the issue of furniture, Jones stated, When we walked through the initial proposals of the Union . 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. 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. Members can not open cases on its own proposals face-to-face negotiations on April 29 a of... Obligation to bargain on February 5, the Union withdrew its five initial counterproposals on April 29 Members not... 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