He said there is not going to be ongoing bargaining. 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. Tr. 264). Tr. 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. 470. 425. was very similar to Agency counterproposal 10, except that the Unions counterproposal specifies that the office would be consistent with the current design reflecting 108SF. Further, Union counterproposal 4 (coat hooks) is similar to Agency counterproposal 16, except that the Union added that it reserves the right to bargain and make proposals for other Unit employees who may have offices or cubicles in the new building. GC Exs. Watch free online FLRA trainings on our Youtube channel and dont forget to subscribe to receive updates on new videos. It makes no sense for the Agency to use the ground rules to declare that bargaining was over, when those very ground rules enabled either party to initiate mediation. Br. 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. 18, 19. What is the Purpose of the National Labor Relations Board (NLRB)? 431. When Jones forwarded these drawings to the Union the same day, it was the first time the Union had seen any drawings or floor plans for the new building. 109. We didnt get them I didnt get them till April 14th, when Troy Crayton passed them out to everyone. Tr. to be incorporated into the final Design Intent Drawings by May 9. We had bargained all day. Let us know what you think about our new and improved website by emailing us at [email protected]. More importantly, the Union continued to keep its original forty-one proposals on the table. Held. 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. 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 Ex. Durkin testified about several of the proposals discussed that day. Luther also provided Jones with proposed ground rules for the negotiations. . Tr. With regard to the drawings, Jones stated, We have not yet received the final drawings from the architect.. 148-49, 168. 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. High-profile cases in which the NLRB has been involved include when it helped to end a baseball strike that culminated in the 1994 playoffs and World Series being canceled. When parties agree to language that expressly waives the statutory right to bargain, the Authority will find that such language constitutes a waiver.. 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. That AFSCME will publicize how the current NLRB and FLRA are enforcing our federal labor laws to hinder, rather than promote, collective bargaining. Workers who believe their rights have been violated, or who have witnessed an employer or union engaging in unlawful conduct, can contact one of these offices and file a charge. marked the opening to broader compromises, but the Agency chose instead to close the book on bargaining. . GCExs. Three of the Unions counterproposals were identical to the Agencys, and the other two were very close. The Union caucused briefly to consider what to do next. GC Exs. The Respondent has the burden of proving any affirmative defenses. The National Labor Relations Board will be soliciting public input on the use of videoconference technology to conduct, in whole or in part, all aspects and phases of unfair labor practice case and representation case proceedings, and on potential amendments to its procedural rules regarding the use of videoconference technology. Mediation is, without a doubt, a form of bargaining. Declaring an impasse is significant, because it communicates to the opposing side that the time for invoking impasse procedures has arrived. 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. Consistent with its statutory charge to provide leadership in establishing policies and guidance to participants in the Federal labor-management relations program, the Authority also assists Federal agencies and unions in understanding their rights and responsibilities under the Statute through statutory training of parties. 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. Event Location: This training will be conducted virtually using WebEx during CST. 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. During this time period, the Agencys Facilities Department was engaged in numerous communications with the WDG architects regarding the drawings. The Union stands ready and willing to continue good faith bargaining regarding the HQ relocation at mutually agreeable future times and dates. Tr. In the months after unilaterally and unlawfully terminating bargaining on April 25 and refusing mediation on May 16, the GC asserts that the Agency proceeded to make and implement unilateral decisions concerning the relocation decisions on issues that were addressed (but not resolved) in the April negotiations, and that should have been negotiated with the Union. About two hours later, the Union team submitted five of its own counterproposals, which the Agency rejected. Finally, the GC requests a nationwide posting. Tr. All of the Unions proposals relating to size and configuration were dismissed out of hand by Jones, and the Unions refusal to accept his rejection of those proposals was interpreted as intransigence. 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. Discussion. An allegation of a procedural infirmity will not be heard outside of the statute of limitations period. Where they mainly differ is in the portion of the workforce they serve. there has to be an end point. While denying that it had floor plans of the existing offices, the Agency prevented Union officials from taking. . 43-44, 323, 404; GC Ex. 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. 13. 110-12, 363-64. Ch. 162, 250, 285-86, 349-52, 474, 477; GC Ex. The Union told Jones that there were a number of ways to bargain. [3], In 1981, it decertified that is, stripped it from its status as a representative union - the air traffic controllers' PATCO union, after the 1981 air traffic controllers strike.[4]. Br. About 450 people work at its headquarters office in Washington, D.C. Tr. This rapprochement should have. Tr. GC Ex. 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. National Labor Relations Board. Since the Respondents ULP in this case was its improper termination of bargaining over the impact and implementation of the proposed relocation, it is clear that an appropriate remedy must (among other things) order the Agency to return to the bargaining table and resume negotiations from the point at which they ended on April 24. Tr. In the proposed ground rules, the Union called for an initial bargaining session. In this vein, the Agency continued to submit changes to the design drawings to GSA and to make decisions about furniture options (most significantly, adopting GSAs FIT program, which drastically limited the remaining furniture choices), window and glass treatments, lighting, and cubicle height. But the ULP also involved, and was of concern to, the Unions members outside the Washington, D.C., area, as the bargaining units are nationwide in scope and many of the Union negotiators worked outside Washington. 98-99. . 39. The NLRA, otherwise known as the Wagner Act, is one of the most groundbreaking labor laws ever enacted in the United States. 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. If mediation assistance takes place, but no agreement is reached, either party may thereafter request assistance from the Federal Service Impasses Panel. Tr. 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. 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. 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. 428, 477. GC Ex. Mediation would be pointless since we have moved forward in accordance with the GSA directive. Introduction to the FLRA.. The Union is most certainly willing to continue negotiations by any reasonable means . Tr. we cant bargain all of these day-to-day decisions., With respect to Union Proposal 9 that employees who had worked in offices at Franklin Court would continue to have offices at Half Street (as opposed to the cubicles shown in the floor plans) Jones responded that Washington Resident Office employees would have offices, but that all of the support staff would be in 48 s.f. Later that day, Woodcock met with NLRB General Counsel Griffin in his office. 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. Ithink the idea was we would exchange . 39. . The ground rules agreement states, The parties will conduct two bargaining sessions on April 23-24, from 9:00 a.m. to 5:00 p.m. GC Ex. 322.) . 3 at 2. 6. Most of those employees work for the Agencys General Counsel (including about eight or nine who work for the Washington Resident Office, also referred to as the WRO, which is a division of the Baltimore Regional Office); about fifteen work for the Board. LEXIS 15827, 266 U.S. App. No. 375. 104. 236. While the parties had some subsequent discussions about the relocation, no further negotiations occurred until at least November. A conference call discussing furniture issues was conducted on that date, although the Union told Jones it did not consider the discussion to satisfy the Agencys statutory duty to bargain. Last edited on 24 February 2023, at 17:23, independent agency of the United States government, Title 5 of the Code of Federal Regulations, Title 22 of the Code of Federal Regulations, Federal Mediation and Conciliation Service (United States), United States Merit Systems Protection Board, "The Statute: 7104. And at that time, at 6:30, the Agency had already rejected its own proposals. That AFSCME reaffirms our commitment to lead the battle to fight for a National Labor Relations Board and a Federal Labor Relations Authority which supports workers rights. The Authority has defined impasse as that point in negotiations at which the parties are unable to reach agreement.. . . (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. 106. She has conducted in-depth research on social and economic issues and has also revised and edited educational materials for the Greater Richmond area. Tr. Tr. , Tr. It certainly does not change the fact that the Respondent had already violated its statutory duty to bargain. . On December 23, Jones sent Woodcock an email, offering one additional bargaining session in January in an attempt to resolve all outstanding issues related to the headquarters relocation. GC Ex. . 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. 23. Tr. WE WILL 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. Tr. 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. Dissent. bargaining sessions on April 23 and 24, and it further provided that [b]y mutual agreement, the parties may agree to additional dates for face-to-face bargaining. GC Ex. Brief Fact Summary. Later that morning, Jones and Graham escorted the Union team through Franklin Court. What is the difference between NLRB and FLRA? Jones asked Durkin and Luther not to, saying, You agreed to a visual inspection and thats what we expect this to be. Tr. The Respondent did not object to the motion, and I granted it. . Brief Fact Summary. 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. As for whether the parties discussed the issue of furniture, Jones stated, When we walked through the initial proposals of the Union . 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. 4 at 9. GC Ex. GC Ex. . . At the hearing, Durkin recalled: [W]e were incensed. Luther testified that this surprised her, because it contradicted what he had said at the beginning of the conversation., The Agency finally responded to the Unions proposed ground rules with its own draft of a ground rules agreement on April 14. Its work often makes the news and has helped to shape American labor practices. Impact of the NLRB on Professional Sports., The New York Times. This briefing concluded the days activities. 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. D.C. 165, 126 L.R.R.M. Jones responded to Durkins request on February 10, providing a timeline for the move and floor plans of the Franklin Court building. In the afternoon, bargaining teams from the two unions (along with several interested NLRB managers) attended a series of briefings. . The two had similar exchanges on March 10 and 24. Tr. 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. 2023 American Federation of State, County and Municipal Employees, AFLCIO, 43rd International Convention - Boston, MA (2018). . Each has its own procedures and rules that if an attorney does not know could result catastrophic error. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from Employment Law Research: What you should know about SEO, Minimum Wage: The difference between Federal and State laws, State Laws Federal Laws Topics Articles Resources, Pregnant Women: How to Create a Healthy Work Environment, New Job in Florida? 182-86; GC Ex. 8. Based on the entire record, including my observation of the witnesses and their demeanor, I make the following findings of fact, conclusions of law, and recommendations. The agreement provided, in pertinent part: 2. Nor should it be construed . Durkin reiterated that the Union disagreed with that position. As a result, when formal bargaining with the Union began on April 23, the floor plans were largely fixed, as the GC claims. We also reference original research from other reputable publishers where appropriate. 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. Synopsis of Rule of Law. 30-31, 215-16); Lisabeth Luther, a compliance officer based in the Indianapolis Regional Office (Tr. The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). The GC and the Charging Party argue for a retroactive bargaining order, while the Respondent argues that a retroactive order would be inappropriate. Well meet today and tomorrow [April 23-24], and thats it. Tr. 106-07. 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. And even if the Union had been able to write up a full set of responses that evening, the parties would have needed much more than that day to properly address them and try to reach compromises. 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. 74-75; GC Ex. Finally, it should be emphasized, as the Authority did in. 90-91. 274-75. The FLRA's New and Improved eFiling System provides the federal-sector labor-management community with a convenient, user-friendlyway to electronically submit case filings. It could be by teleconference or videoconference. The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions. While the NLRA governs labor relations for most private sector employers, it specifically excludes employers covered under the Railway Labor Act ("RLA") the earlier federal statute enacted to avoid interruptions to interstate commerce and transportation via rail or air. The Agency denied the request, insisting that the ground rules limited bargaining to two days. . 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. The Court distinguished between indirect attacks on the substantive validity of regulations initiated over sixty days after their promulgation from attacks on their procedural lineage. 134. 3 at 1. Between April 29 and May 12, Union officials attempted to initiate mediation of the dispute with the FMCS. 96-97. 386-87; Jt. On February 27, Durkin asked Jones about the drawings, and Jones said the Agency did not have any. Bowen v. Michigan Academy of Family Physicians, Association of Data Processing Service Organizations, Inc. v. Camp, Clarke v. Securities Industry Association, FTC v. Standard Oil Company of California, Ohio Forestry Association, Inc. v. Sierra Club, NLRB Union v. Federal Labor Relations Authority, NLRB Union v. Federal Labor Relations Authority, 834 F.2d 191, 266 U.S. App. 85-88; GC Ex. File a case with the FLRA, including unfair labor practice charges, arbitration appeals, and requests for impasse assistance. With regard to the dates for bargaining, Durkin testified that the ground rules agreement went into detail concerning face-to-face bargaining, but not concerning other types of bargaining such as by email or teleconference. [on] the 24th, we walked through each of these and there was some general discussion. 121. The second method is to petition the agency for amendment or rescission of the regulations and then to appeal the agencys action. Tr. This dispute can be traced back to September 2010, when the Agency started considering what it would do in June 2013, when its lease at Franklin Court was set to expire. Unfortunately, the record developed by the parties is far from ideal, making choosing between Presence with a Purpose and the 8-2 schedule difficult. Also, Jones acknowledged that [t]here wasnt a deadline on furniture for May 9th. Tr. FLRA vs. NLRB. Luther also stated that the Union would be contacting the FMCS for assistance. Also on April 14, an architect at WDG provided Jones with updated drawings for Half Street. The Union team also asked about furniture. Tr. The chart below details steps in the unfair labor practice process. and . Tr. 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. 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. Tr. The obligation to bargain over a relocation arises when a lease is signed (if not earlier) and the union requests to bargain. Thus, when the Union asked to bargain on February 5, the Agency was required to do so. Appeals, and thats what we expect this to be ongoing bargaining appeal the action... To broader compromises, but no agreement is reached, either party May thereafter request assistance from the Service... Durkin reiterated that the Union team through Franklin Court building at its headquarters office in Washington D.C.! Publishers where appropriate two unions ( along with several interested NLRB managers ) attended a series of.... Had floor plans of the unions counterproposals were identical to the opposing side that Union..., Woodcock met with NLRB General Counsel Griffin in his office for a retroactive order be! Union is most certainly willing to continue good faith bargaining regarding the relocation... Did in the fact that the time for invoking impasse procedures has arrived any!, no further negotiations occurred until at least November on bargaining he said there is not going be. And economic issues and has also revised and edited educational materials for the Richmond. At 6:30, the new York times faith bargaining regarding the HQ relocation at mutually future. A relocation arises when a lease is signed ( if difference between nlrb and flra earlier ) the! 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