On May 19, 2014, the National Labor Relations Board Union (the Union or NLRBU) filed a ULP charge against the National Labor Relations Board (the Agency, NLRB or Respondent). Find a listing of all of the FLRA's current job openings. 5. But the agency told the union that no final decision had been made about the relocation, and indeed the relocation did not occur. . And we expressed those things in our response back to him as to why we werent going to stay longer that night with [no] reasonable expectation of concluding all bargaining. . 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. Three of the Unions counterproposals were identical to the Agencys, and the other two were very close. The NLRB Process 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. 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). It is their duty, when called upon, to hear labor disputes and resolve them through quasi-judicial proceedings. there has to be an end point. . 85-88; GC Ex. Without unions, pension and health care benefits deteriorate and workers' interests in safe and healthy workplaces and in stable employment go unheard and unheeded by employers and by the government alike. 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. Because the ground rules agreement cannot reasonably be interpreted as limiting the parties bargaining period to two days, I conclude that the Union did not waive its right to bargain until either an agreement was reached or the parties had come to an impasse. at 12. 8. Between April 29 and May 12, Union officials attempted to initiate mediation of the dispute with the FMCS. The General Counsel argues that the Agency violated 7116(a)(1) and (5) when it refused to negotiate with the Union over the headquarters relocation on and after April 25. 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. Describing this part of the bargaining session, Durkin testified that it appeared that the design was fluid, and that changes were still being contemplated . Tr. However, Lennie indicated that the Agency would look into seeing whether they could find additional space for more stalls. The judge and the Authority rejected this theory and held that while it might be desirable from the Unions viewpoint to be a participant in the, decision-making process at an earlier stage, it is difficult to envision an obligation on SSAs part . This is an unfair labor practice (ULP) proceeding under the Federal Service. 23. 43 at 9, 23, 29, 36, 49), and others dated April 2 (. We had only exchanged two [sets of] proposals. Tr. 41, 217-18); Donna Nixon, an attorney in the Detroit Region and a district vice president of the Union (Tr. P. Br. Despite significant differences between the parties' proposed telework arrangements, both parties identified maximizing telework opportunities for bargaining unit employees as a primary interest. 202. 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. GC Ex. Labor law governs union and management relationships and employee collective bargaining rights. Tr. [on] the 24th, we walked through each of these and there was some general discussion. Jones responded to Durkins request on February 10, providing a timeline for the move and floor plans of the Franklin Court building. Br. Preventing and remedying unfair labor practices orchestrated by employers, unions, or both. The Taft-Hartley Act is a 1947 federal law that limits the activities and power of labor unions. 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. 469. The FLRA is an independent administrative federal agency that administers the labor-management relations program for 2.1million non-postal federal employees worldwide. 127-28. 51 at 7. . The teams made it through about thirty of the Unions proposals before breaking for lunch. at 12, 14. 409; This evidence shows that there was a significant period of time prior to April 14 in which the Agency was able to make meaningful changes in the size and configuration of the office space at Half Street. . at 41. 13 at 1. GC Br. 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. 141; GC Ex. What We Do., National Labor Relations Board. The U.S. Court of Appeals for the D.C. The General Counsel argues that the Respondent violated 7116(a)(1) and (5) of the Statute when, on and after April 25, it unilaterally terminated bargaining with the Union regarding its relocation of its headquarters. GC Br. Union Counterproposal 1, pertaining to an office for the Washington Local. As an initial matter, the GC asserts that the Respondent had a duty to bargain over the relocation, and that this duty arose when the Agency signed the lease for the new office building on January 29. While the parties had some subsequent discussions about the relocation, no further negotiations occurred until at least November. And on Dec. 14, 2022, the Los Angeles office of the NLRB agreed to look into a case filed by the National College Players Association (NCPA) alleging unfair labor practices on behalf of University of Southern California football and basketball teams. Case digests provide a brief synopsis of the most pertinent principles in merits decisions issued by the Authority. Jones suggested meeting April 15-17, with the first day spent touring Half Street and hearing from officials involved in the move, and Durkin agreed. 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). GC Ex. Event Location: This training will be conducted virtually using WebEx during CST. FLRA, 39 F.3d 361 (CADC 1994); Defense . We had bargained all day. 12; Tr. Graham testified that the Agencys comments to GSA incorporated . 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. 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 fact that the parties disagreed. Learn more about federal labor-management relations, including unfair labor practices, representation matters, impasses, and negotiability. . We said we gave them notice of the change and conditions of employment. The FLRAis the federal public sector counterpart to the National Labor Relations Board (NLRB), which governs labor relations between private sector employees and employers. . Tr. Tr. Thus, paragraph 2 states, The parties will conduct two bargaining sessions at the Agencys current headquarters on the following dates: April 23 and 24. The 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. Durkin reiterated that the Union disagreed with that position. An agencys regulations may be attacked in two ways after the statute of limitations has expired. The Agency would have offices on the third through sixth floors. Dec. 4, 1987). 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. Finally, the GC requests a nationwide posting. Nixon sent Jones a Union counterproposal, Jones rejected it, and the Union then accepted the Agencys latest draft, which was signed that same day. Tr. 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. . 2; Tr. LEXIS 15827, 266 U.S. App. Held. Labor-Management Relations Statute, Chapter 71 of Title 5 of the U.S. Code, 5 U.S.C. 236. 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. 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. Were moving from [Franklin Court] to . Employment Laws The agreement provided, in pertinent part: 2. A hearing was held in this matter on March 25-27, 2015, in Washington, D.C. All parties were represented and afforded an opportunity to be heard, to introduce evidence, and to examine witnesses. Tr. . The NLRBs objective is to safeguard most private-sector employees rights to bargain for better wages and working conditions, either with or without a union. The Railway Labor Act (RLA) was passed by Congress 9 years before the National Labor Relations Act (NLRA): 1926 and 1935 respectively. Thus, when the Union asked to bargain on February 5, the Agency was required to do so. How does my legal medical marijuana drug test affect my pre-employment and Dos and Donts of Writing a Warning Letter to an Employee, Salaried-Exempt Employees and Paid Vacation Leave. 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. Tr. 11 at 1. With regard to the drawings, Jones stated, We have not yet received the final drawings from the architect.. 1947 Taft-Hartley Substantive Provisions., National Labor Relations Board. 425. counterproposal, the Union was withdrawing its counterproposal and reverting to its original proposals of April 21. 109-10, 256-57. . . Tr. 33, 42-43, 403; GC Ex. They requested bargaining. In other words, the paragraph simply specified the dates on which bargaining would be conducted. The Agency negotiators explained that the size of restroom facilities was based on a formula in an international code, while the Unions math is not based on anything; youre just coming up with numbers. Tr. Tr. Also on April 14, an architect at WDG provided Jones with updated drawings for Half Street. GC Ex. 25 at 5, 7. GC Ex. Jones also stated that he was relying on Crayton and Graham to provide him the drawings. But we had no specific proposals about furniture. Tr. Jt. During its negotiations with the Union in April, Agency negotiators told the Union team that all issues relating to the relocation had to be negotiated and finalized before the May 9 deadline given to them by GSA. GC Exs. He said there is not going to be ongoing bargaining. 43-44, 323, 404; GC Ex. The Union caucused briefly to consider what to do next. 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 . 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. LEARN MORE Introduction to the FLRA Register for Training eFiling Getting Started FILE A CASE Also, according to Durkin, Lennie told attendees that they had been working with the architects for months to try to fit everything in, and that they had received design drawings a month prior and . . . However, on November 21, Jones advised the Union negotiating team that the Agency was in the process of finalizing its furniture order for the new building, and he invited the Union to participate in bargaining by telephone over any Union proposals concerning furniture on November 24. 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. Isogai indicated that there had been a number of iterations of the drawings (Tr. 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. What is the difference between NLRB and FLRA? , retain . 403-04. . 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. Tr. Jones testified that his team tried to find areas where we could compromise[,] but he acknowledged that they did not provide specific counterproposals for each Union proposal. 450. 34. Theres a lot of technology out there that you can use for that sort of thing. Tr. The Railway Labor Act (RLA) is a federal law that was passed in 1926 to govern labor relations in the railroad industry, and amended in 1936 to include the airline industry. The FLRA is an independent administrative federal agency created by Title VII of the Civil Service Reform Act of 1978, also known as the Federal Service Labor-Management Relations Statute (the Statute ), 5 U.S.C. We had stated directly in our proposals for a tentative agreement that we were willing to bargain by any. 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? 115-16. Tr. Are You Covered?, Federal Labor Relations Authority. . President Trumps appointment of anti-union management lawyers to serve as board members and as the NLRBs general counsel are working to reverse favorable advances made under the Obama-era labor board and members of the FLRA are becoming increasingly aggressive in efforts to undermine the bargaining rights of federal workers; and, The current NLRB wants to change or undo the representation case rules that were implemented in 2014 to expedite the NLRB election process. 32 at 1. 53-54. [T]here were some [Union] proposals that were left out of our counter that we werent able to agree to. Tr. 113. The Agency isnt even prepared to make decisions on these aspects[] of the relocation. This decision was vacated and remanded in NLRB Union, Local 6 v. NLRB, the National Labor Relations Board, is an independent federal agency vested with the ability to safeguard employees' rights to organize and to determine whether to have unions as their bargaining representative. Tr. Even if the parties had been deadlocked on office size and configuration, there were plenty of other issues to discuss when negotiations broke down. 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. Vikki Velasquez is a researcher and writer who has managed, coordinated, and directed various community and nonprofit organizations. It certainly does not change the fact that the Respondent had already violated its statutory duty to bargain. 45. The second method is to petition the agency for amendment or rescission of the regulations and then to appeal the agencys action. 324. Similarly, when Jones was asked whether the Union gave any oral supplementation to its counterproposals, he stated: I dont really recall. The Union team also asked about furniture. 418. . As for who should sign the notice, the Authority typically directs the posting of a notice to be signed by the highest official of the activity responsible for the violation. Resp. 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. Synopsis of Rule of Law. Date: _________________ By: _______________________________________________ Chairman, National Labor Relations Board (Signature), Date: _________________ By: ______________________________________________ General Counsel, National Labor Relations Board (Signature). 53-54. as a full agreement. GC Ex. 431. Meanwhile, it withheld from the Union the ongoing dialogue between Agency officials and the new buildings architects about the proposed plans for the new headquarters. 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. 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 . Tr. View the legislative history of the Federal Service Labor-ManagementRelations Statute, the Civil Service Reform Act, andthe Foreign Service Act. Find everything you need to know about filing a casewith the FLRA. (As it turned out, the Agency would end up staying past its lease, becoming a holdover tenant. at 30. . 3 at 2. 2. Case digests provide a brief synopsis of the most pertinent principles in merits decisions issued by the Authority.