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 . 51 at 7. 264). About 450people work at its headquarters office in Washington, D.C. Tr. . 418. If there came a point where we could starting initialing off on things, then we would have done that, but we were too early on. Based on feedback from committee members at the October 15 meeting, the Agency successfully appealed to GSA officials for expanded furniture options; the Agency needed to solicit and obtain employee preferences regarding types of furniture by December 3. 425. This argument ignores the important difference between the text of the NLRA and the text of the FSLMRS. The agreement provided, in pertinent part: 2. Prior to this swing move occurring, the Agency and the Union engaged in formal negotiations and executed a Memorandum of Agreement on the subject on December11. Griffin acknowledged that that was a problem . $19.95 Buy and instantly download this paper now. National Labor Relations Board. On April 10, the three of them discussed these issues over the phone. 141; GC Ex. 469. (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. 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. Dissent. Accordingly, the parties should negotiate fully and in good faith on all issues relating to the impact and implementation of the move to Half Street. 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. Each has its own procedures and rules that if an attorney does not know could result catastrophic error. A ULP is conduct by agencies or unions that violates rights that the Statute protects or the rules that it establishes. At least in some respects, the November 24 teleconference offered the Union a hope of shaping the Agencys furniture choices before those choices were finalized in December. Durkin and Nixon reiterated their disagreement, with Nixon telling Jones, we dont have your proposals even. Tr. Of those, Union Counterproposals 2 (ergonomic chairs), 3 (lockable storage), and 5 (storing paper and toner) were identical to Agency Counterproposals 13, 15, and 21, respectively. 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. When the National Labor Relations Board announced that it would be moving its headquarters to a new building in a different part of the District of Columbia, the National Labor Relations Board Union asked to bargain over the relocation, and the parties ultimately signed a ground rules agreement providing for two days of bargaining. . 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. The parties had only begun to discuss the many issues on the table, neither side had submitted a full range of counterproposals, and the Agency inexplicably refused even to attempt mediation. The U.S. Court of Appeals for the D.C. 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. Tr. 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). And so we went through . Gwynne A. Wilcox. Where they mainly differ is in the portion of the workforce they serve. The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). This conclusion was verified by an exchange of emails on May 15 and 16. When you visit the site, Dotdash Meredith and its partners may store or retrieve information on your browser, mostly in the form of cookies. Tr. Despite significant differences between the parties' proposed telework arrangements, both parties identified maximizing telework opportunities for bargaining unit employees as a primary interest. 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. With regard to Proposal 14 that interior office windows have an opaque glaze or frosted glass Jones said, we havent chosen yet to frost or not frost, but we want it to be uniform, so we cant have individual people in individual offices choosing whether to have theirs frosted or not. Tr. Tr. GC Br. Synopsis of Rule of Law. 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. 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. GC Ex. The Board is supported by a General Counsel, who is also nominated by the President of the United States, with the advice and consent of the Senate, for a term of five years. In that event, the Agency will pay lodging, travel, and per diem expenses for the Union negotiators for the agreed-upon dates for face-to-face bargaining and for the travel dates immediately preceding and following the bargaining dates. 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). 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. By terminating negotiations before the Union had a chance to submit a full set of counterproposals, the Agency undercut its claim that negotiations were at an impasse. . 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. You can learn more about the standards we follow in producing accurate, unbiased content in our. Tr. 17 at 1. If mediation assistance takes place, but no agreement is reached, either party may thereafter request assistance from the Federal Service Impasses Panel. Durkin and Luther complied. Tr. . 1935 Passage of the Wagner Act., National Labor Relations Board. Tr. 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. GC Ex. . They had just a few of the drawings. Tr. The Respondent is an agency within the meaning of 7103(a)(3) of the Statute. 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. Finally, a petitioners contention that the challenged regulation should be amended or rescinded because it conflicts from the statute from which its authority derives is reviewable outside the statutory limitations period. 428. Nixon sent Jones a Union counterproposal, Jones rejected it, and the Union then accepted the Agencys latest draft, which was signed that same day. 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. The FLRA was adopted after President Jimmy Carter sought legislation to bring comprehensive reform to civil service system and regularize federal labor relations. . (c) In any like or related manner, interfering with, restraining, or coercing bargaining unit employees in the exercise of the rights assured them by the Statute. Who We Are.. So I dont know we didnt know where to go from there with the Agency rejecting its own proposals; how we could have productively bargained fully that night. 375. 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. Shortly after Jones sent his email, the Union and Agency teams met briefly to gather their things and leave. It was further agreed that all employees will be working in a space about 40% smaller than the offices they have occupied for the past twenty-one years. . Once the Agency and the Union began negotiating in this case, it is clear that they did not reach agreement. This isnt to say that there are no attorneys that are able to successfully practice both employment and labor law. While private-sector employees are entitled to collectively bargain . She also asked for any and all documents showing, for each bargaining unit employee as of July 1, 2013, the square footage, whether by office, workstation, by cubicle or by work area allocated to each particular employee, among other things. We had bargained all day. 468-71; Upon receiving the Agencys counterproposals, the Union team caucused to prepare its own response. On its 80th anniversary, celebrated in 2015, the NLRB reported that more than 90% of the cases it receives are dealt with by its regional offices without requiring the board to intervene with formal litigation. 39. Organized labor is a strategy where workers join together in unions in order to negotiate for better wages and working conditions. The list of these laws is long and growing. Tr. . The General Counsel claims that the Agency was required to bargain until either an agreement or impasse was reached, citing. Jones replied that the design plans were the Agencys proposals. The Authority has held that a retroactive bargaining order is appropriate where a respondents unlawful conduct has deprived the exclusive representative of an opportunity to bargain in a timely manner over negotiable conditions of employment affecting bargaining unit employees. Indeed, it appears that the ground rules were hammered out entirely by exchange of email, rather than by telephone or face-to-face discussions. GCExs. It's a tool that's. Similarly, when Jones was asked whether the Union gave any oral supplementation to its counterproposals, he stated: I dont really recall. GC Ex. We had only exchanged two proposals. . Mediation is, without a doubt, a form of bargaining. But the agency told the union that no final decision had been made about the relocation, and indeed the relocation did not occur. Jones replied, Not on April 10th. 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. Jones also stated that he was relying on Crayton and Graham to provide him the drawings. , 41 FLRA at 350-51. 51 at 7. 32-33. ssues. The teams made it through about thirty of the Unions proposals before breaking for lunch. at 12, 14. 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. 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. 41, 217-18); Donna Nixon, an attorney in the Detroit Region and a district vice president of the Union (Tr. 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. . In the late afternoon, about an hour before bargaining was scheduled to end, the Agencys bargaining team submitted twenty-three counterproposals. Jt. 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. Yet on May 10, Agency officials submitted final comments on the floor plans to GSA and the architects, which paved the way for construction of the new offices to begin; and in subsequent months the Agency made other decisions on structural and design aspects of Half Street without negotiating with the Union. Hiro Isogai, a designer at WDG, showed slides of each floors layout, explained their details, and answered questions. 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. The agency is separate from the National Labor Relations Board, which governs private-sector labor relations. (Despite receiving the floor plans on February 10, the Union would not receive information listing the size and type of each bargaining unit employees workspace at Franklin Court until May 9. 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. . 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. GC Ex. To make matters worse, the Union was told that it only had a few days to make any further comments on the floor plans, and that all issues relating to the move had to be negotiated in that time even issues that were not tied to the Agencys final comments on the floor plans. Those it cannot help to protect include public-sector employees, agricultural and domestic workers, independent contractors, workers employed by a parent or spouse, employees of air and rail carriers covered by the Railway Labor Act, and, in some cases, supervisors. 100-01, 230-31. But the Union had offered to provide the Respondent its counterproposals by April 30, and it is likely that the parties could have resolved many, if not all, of their disputes by May 9. The Union stands ready and willing to continue good faith bargaining regarding the HQ relocation at mutually agreeable future times and dates. 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. , 25 FLRA 787, 789-90 (1987). An overview of the similarities and the differences of the Federal Labor Relations Authority and the National Labor Relations Board. . 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. 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. Tr. The parties will conduct two bargaining sessions at the Agencys current headquarters on the following dates: April 23, 2014 from 9:00 a.m. to 5:00 p.m. April 24, 2014 from 9:00 a.m. to 5:00 p.m. 7. Resp. For all of the above reasons, the Agency failed to bargain in good faith and violated 7116(a)(1) and (5) of the Statute. File a case with the FLRA, including unfair labor practice charges, arbitration appeals, and requests for impasse assistance. The Agency refused to continue bargaining not because the parties had reached impasse, but because the agency believed it had satisfied its duty to bargain, a position I have already rejected. The NLRB My Account Portal is an NLRB website that allows individuals to view cases and inquiries to which they are a party, e-file documents in those cases/inquiries, view their e-file history and manage their user profile. 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). Ex. Although the Agencys counterproposals didnt address this issue, and the Agencys existing floor plans contained no details about furniture, Jones testified that this could have been negotiated on April 24, and the Agency would have entertained Union furniture proposals on April 24, if the Union had demanded specific types of desks or chairs. Vikki Velasquez is a researcher and writer who has managed, coordinated, and directed various community and nonprofit organizations. 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. 8 at 2. The Respondent filed its Answer to the Complaint on February 6, 2015, denying that it violated the Statute. As for whether the parties discussed the issue of furniture, Jones stated, When we walked through the initial proposals of the Union . Luther also provided Jones with proposed ground rules for the negotiations. 431. 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. So what we decided to do . Tr. 366. 47 FLRA at326-27. 8. 32 at 1. The ground rules agreement also provided, among other things, that on April 22 there would be a tour of Half Street, a full visual inspection of employee work areas at Franklin Court, and then a briefing from GSA and the architects; the Union would submit its bargaining proposals by noon on April 21, and the Agency would submit counterproposals within three days thereafter; and caucus time could be taken, but no party would caucus for more than one hour, absent mutual agreement. Ex. . 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. . He indicated that at that point in the process, major changes, such as adding movable walls or more bathroom stalls, would be difficult, if not impossible. . P. Br. 127-28. Tr. However, Lennie indicated that the Agency would look into seeing whether they could find additional space for more stalls. What We Do., National Labor Relations Board. 52. Unlike the Unions proposed ground rules, the Agencys proposals did not refer to an initial bargaining session.. 450. Notwithstanding the lack of drawings, Jones and Durkin began on March 12 to discuss ground rules and potential dates for negotiations. About two hours later, the Union team submitted five of its own counterproposals, which the Agency rejected. Jones, by contrast, testified that the parties reached impasse on April 24, [w]hen the Union got up and walked out. Tr. They were joined by Lennie, Abruzzo, and Robert Schiff, the Chairmans Chief of Staff. The relocation process involved a series of drawings that would increase in complexity as the project progressed. Jt. 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. Griffin also referred to competing concerns from the different divisions within the Agency. Tr. Cookies collect information about your preferences and your devices and are used to make the site work as you expect it to, to understand how you interact with the site, and to show advertisements that are targeted to your interests. The Union team attempted to see what the differences were between the Unions proposals and the Agencys counterproposals. Over the weekend of December 13 and 14, the Agency needed to vacate a portion of its office space at Franklin Court to enable the new tenants to move in; this required employees in the vacated space to move into the remaining Agency space at Franklin Court. Woodcock testified that Griffin started out by discussing . 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. 278. 236, 238. Tr. . The Union team consisted of Julia Durkin, an attorney at the Agencys Denver Regional Office, who served as a local president and had bargained over an office move in Denver (Tr. 30 at 3. . 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. Unfortunately, we were not able to reach agreement. GC Ex. Durkin (along with Nixon and later Luther) responded, [N]o, the Agency has to continue bargaining. If the Union did not waive its right to bargain beyond April 24, the Agency was required to bargain until it reached agreement or impasse. The NLRB was given the power to resolve labor disputes through quasi-judicial proceedings and was assigned two principal functions: The National Labor Relations Act (NLRA) was amended by Congress several times, including in 1947 through the Taft-Hartley Act, in 1959 through the Landrum-Griffin Act, and in 1974 when the NLRB was given jurisdictional authority over nonprofit hospitals and nursing homes. GC Ex. But we had no specific proposals about furniture. Tr. 116. The obligation to bargain over a relocation arises when a lease is signed (if not earlier) and the union requests to bargain. 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. 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