32 at 1. 17 at 1. 29, 30. . 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. . In determining whether a party has fulfilled its bargaining responsibilities, the Authority considers the totality of the circumstances of the case. 236. Conduct Elections He said there is not going to be ongoing bargaining. - Legal Principles in this Case for Law Students. As the judge noted in, There are a number of signs indicating that the parties were still in the early stages of bargaining when the Agency walked away from the table. Circuit recently refused to enforce a decision by the National Labor Relations Board (NLRB) that involved a conflict between an . Organized Labor - Defining Unions and Collective Bargaining, Impact of the NLRB on Professional Sports, Sotomayors Baseball Ruling Lingers, 14 Years Later, Labor Board Calls for Revote at Amazon Warehouse in Alabama in Major Victory for Union. Durkin (along with Nixon and later Luther) responded, [N]o, the Agency has to continue bargaining. Were moving. . GSA approved the increase, and the architects revised their drawings accordingly. 36 at 1; On May 6, the Union submitted an information request asking for information about the size and type of workspace each employee had at Franklin Court, and the size of building space at Franklin Court not specifically assigned as personal workspace, among other things. 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. Tr. 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. Additionally, the evidence conclusively demonstrates that the parties had not reached impasse. . 23. 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. 38. 382-83. Starting in January and continuing through (and beyond) April, Agency officials engaged in extensive discussions with GSA, the new landlord, and the architects regarding the amount of space it would occupy in the new building, and the configuration of that space, and the Agency consciously froze the Union out of this process entirely. Monday, January 13, 2020. 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. I conclude that the November bargaining offer was not sufficient, for two reasons. 366. that the Agency had had the drawings for a month at that point in time. Tr. The FLRA is an independent administrative federal agency that administers the labor-management relations program for 2.1 million non-postal federal employees worldwide. 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 . 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. About two hours later, the Union team submitted five of its own counterproposals, which the Agency rejected. They were joined by Lennie, Abruzzo, and Robert Schiff, the Chairmans Chief of Staff. . The U.S. Court of Appeals for the D.C. With regard to the effect of the relocation on bargaining unit employees, it was undisputed that approximately 450 NLRB employees (including approximately 62 members of the NLRBU bargaining unit) would be required to work in a new building location in a different area of the city. Tr. Watch free online FLRA trainings on our Youtube channel and dont forget to subscribe to receive updates on new videos. .. 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. This decision was vacated and remanded in NLRB Union, Local 6 v. Tr. Former President Barack Obama once claimed that this move saved baseball.. During bargaining, Jones would be joined by Jessica Graham, Assistant Chief of the Space Management Section, Facilities Branch; Andrew Krafts, Deputy Chief Counsel to Member Nancy Schiffer; and Rachel Lennie, an Assistant General Counsel. With regard to a remedy, the GC asks that I order retroactive bargaining. Meanwhile, the relocation project moved forward. 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. 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 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. Learn more about federal labor-management relations, including unfair labor practices, representation matters, impasses, and negotiability. . Tr. The Taft-Hartley Act is a 1947 federal law that limits the activities and power of labor unions. These laws include federal and state wage and hour laws, discrimination laws, and leave laws. 126-28. In sum, the parties could have engaged in productive discussions over the Unions proposals after April 24. The Unions two other counterproposals were very similar to Agency proposals, indicating that further discussions could have led to an agreement. . GC Ex. . . When asked why the Agency rejected the five counterproposals offered by the Union late on April 24, Jones stated, [W]e were too early on. In setting forth the distinction, Ill start with labor laws because they represent a much narrower area of law than employment laws. The Agency found significant problems with the architects early floor plans, which left the Agency with inadequate space to accommodate all of our requirements and forced the Agency to go back to GSA and obtain authorization to rent an additional 8,000 square feet of space at Half Street. National Labor Relations Board. 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. GC Ex. About NLRB., National Labor Relations Board. It could be by teleconference or videoconference. Atvarious times during the Franklin Court walk-through, Durkin and Luther attempted to measure employee workspaces, and Durkin attempted to ask at least one employee about his workspace. 274-75. ", National Labor Relations Board. 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. 274. Employees can file a charge against and employer and labor union at one of its 26 regional offices and the NLRB will investigate. 51 at 7. The FLRA claimed that judicial review was barred by the sixty day statute of limitations. 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. 1947 Taft-Hartley Substantive Provisions., National Labor Relations Board. Tr. Brief Fact Summary. 3; 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. Tr. 2023 American Federation of State, County and Municipal Employees, AFLCIO, 43rd International Convention - Boston, MA (2018). Asked to explain why the Union team did not stay, Durkin stated: [W]e couldnt continue that evening. On April 10, the three of them discussed these issues over the phone. The Union team attempted to see what the differences were between the Unions proposals and the Agencys counterproposals. . GC Ex. 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. at 327. 386-87; Jt. 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. At this time FLRA remains fully operational. GC Ex. 166. Larry Sutton, the GSA representative on the project, spoke next. 4 at 9. 159, 162. Ch. Luther also stated that the Union would be contacting the FMCS for assistance. , 41 FLRA at 350-51. 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. Tr. 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. 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.). . 413. The relocation process involved a series of drawings that would increase in complexity as the project progressed. This is part of an ongoing debate about whether student athletes are in fact employees of universities and should be protected as such. , 25 FLRA 787, 789-90 (1987). D.C. 165, 126 L.R.R.M. On February25, Jones provided Durkin some additional information about Half Street, but still did not provide any drawings. Further, almost half of the Unions original proposals (the same sixteen that I enumerated above) were not tied to the May 9 deadline. Jt. . But the agency told the union that no final decision had been made about the relocation, and indeed the relocation did not occur. According to Luther, Sutton also said that there had been a great deal of work with [various Agency officials] . Ex. 220. We cant continue meeting on these things. [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]. 39. In this regard, the GC asserts that there was no clear and unmistakable waiver of the Unions right to bargain to agreement or impasse. Graham and Lennie responded that the Agency was requesting those changes. These include white papers, government data, original reporting, and interviews with industry experts. The NLRB has no independent statutory power to enforce its decisions and orders, but it may seek enforcement through a U.S. court of appeals. An agencys regulations may be attacked in two ways after the statute of limitations has expired. 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. 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. 16. 43 at 9, 23, 29, 36, 49), and others dated April 2 (. On Monday, April 21, the Union submitted forty-one bargaining proposals. The FLRA administers the labor-management relations program for 2.1 million non-Postal federal employees worldwide, approximately 1.2 million of whom are represented in 2,200 bargaining units. With regard to the drawings, Jones stated, We have not yet received the final drawings from the architect.. Tr. The Respondent contends that if a violation is found, retroactive relief, including a retroactive bargaining order, would be inappropriate. . WE WILL NOT unilaterally change working conditions of employees in the bargaining unit represented by the Union concerning the relocation of the Agency headquarters without notifying the Union and affording it an opportunity to negotiate to the extent required by the Statute. Who We Are.. The Authority viewed the applicable "law" to be the "management rights" provision under section 7106 of the FSLMRS. The three members cannot be from the same political party. The chairman is also ex officio chairman of the Foreign Service Labor Relations Board. 34. On May 16, Jones advised the Union that mediation would be pointless[,] since we have moved forward in accordance with the GSAdirective. GC Ex. Fourth, the parties were close to agreement on a number of issues. According to Durkin, Abruzzo stated that the project was up to $20 million over budget and that the more delay there is, the more this will cost. Tr. 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. 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. there has to be an end point. 123-24. . The FLRAis the federal public sector counterpart to the National Labor Relations Board (NLRB), which governs labor relations between private sector employees and employers. In Weingarten, we upheld the National Labor Relations Board's conclusion that an employer's denial of an employee's request to have a union representative present at an investigatory interview, . [5] In August 2021, President Biden nominated eight-year assistant general counsel Kurt Rumsfeld to the position.[6]. 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. Are You Covered?, Federal Labor Relations Authority. GC Ex. 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. Three of the Unions counterproposals were identical to the Agencys, and the other two were very close. 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. 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. Durkin and Luther complied. Ex. 479. One example of such a proposal was Union Proposal 36, requiring bargaining over furniture at a later time. Tr. Organized labor is a strategy where workers join together in unions in order to negotiate for better wages and working conditions. 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. Later that morning, Jones and Graham escorted the Union team through Franklin Court. I also believe that in these factual circumstances, the Union should, as the court envisioned in. 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. 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. Vikki Velasquez is a researcher and writer who has managed, coordinated, and directed various community and nonprofit organizations. 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. 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. 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. However, other actions by the Agency on and before April 25 contributed to the failure and ultimate breakdown of negotiations. After lunch, Jones stated that the Agency was willing to bargain late into the day on April 24, but they would not bargain after that day. Union Counterproposal 1, pertaining to an office for the Washington Local. 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. 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. Ex. Durkin and Nixon asked more questions, most of them directed at Graham, regarding changes that could be made to the drawings. The Agencys proposed interpretation of the ground rules also ignores paragraph 13, which states that either party may request mediation from the Federal Mediation and Conciliation Service (FMCS). Mutual consent is not required for mediation. Tr. 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. The NLRB has two principal functions: protect employees from unfair treatment from employers, unions, or both, and give employees the freedom to choose union representation via secret ballot elections. Shortly after Jones sent his email, the Union and Agency teams met briefly to gather their things and leave. Luther also provided Jones with proposed ground rules for the negotiations. 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. When parties are engaged in bargaining over a proposed change in conditions of employment, an agency is generally required to maintain the status quo pending the completion of the entire bargaining process, including the opportunity to pursue impasse resolution procedures. 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. Clearly, the Respondents national office was involved in this ULP, which involved negotiations over the relocation of its national headquarters. The Agencys bargaining team consisted of managers based at headquarters, and the Agencys executive leadership inserted itself into the dispute more than once. Since its inception in 1935, the NLRB has successfully defended the rights of private-sector employees across all types of industries. Jt. . 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. Tr. 45. The Respondent is an agency within the meaning of 7103(a)(3) of the Statute. 300, 439-41. 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). Notwithstanding the lack of drawings, Jones and Durkin began on March 12 to discuss ground rules and potential dates for negotiations. GC Ex. This isnt to say that there are no attorneys that are able to successfully practice both employment and labor law. GC Br. full proposals. 115-16. . 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. The Understanding Law Video Lecture Series: Monthly Subscription ($19 / Month) The purpose of the NLRA was to codify the federal policy favoring industrial relations stability and employee free choice. None. 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. Thus, when the Union asked to bargain on February 5, the Agency was required to do so. GC Ex. When asked at the hearing whether the Agency had made decisions with regard to furniture at the time of the April negotiations, Jones said, No. Tr. GC Ex. The Union declined to stay beyond 6:30 p.m., and the Agency declared that negotiations were terminated. 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). During this period, Agency officials were negotiating with the architects how much space each division of the Agency needed, how large the offices and cubicles could be, and other meaningful design issues. The FLRA was adopted after President Jimmy Carter sought legislation to bring comprehensive reform to civil service system and regularize federal labor relations. 14 at 3. 288, 367, 465. The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). After the Union team spent most of April 23 touring the Franklin Court building, Jones expressed his impatience with the lack of actual bargaining and emphasized that negotiations would conclude at the end of the day on April 24. Tr. marked the opening to broader compromises, but the Agency chose instead to close the book on bargaining. 409; On April 7, an architect from WDG emailed Crayton and Graham the latest drawings, for their review and comment. The NLRB administers and enforces the National Labor Relations Act, conducting secret ballot elections to determine whether employees wish to be represented by a union, and resolving alleged ULPs committed by employers and unions in the private sector. Finally, it should be emphasized, as the Authority did in. . Jt. Tr. If employees have any questions concerning this Notice or compliance with its provisions, they may communicate directly with the Regional Director, Chicago Region, Federal Labor Relations Authority, whose address is: 224 S. Michigan Ave., Suite 445, Chicago, IL 60604, and whose telephone number is: (312) 886-3465. 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. 14 at 3. (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. 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. and agreed to get it to us as soon as he was able to. Tr. Tr. 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. 7101-7135. The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). D.C. 165, 126 L.R.R.M. 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. 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. GC Ex. Some of the drawings were dated April 9 (GC Ex. Paid for by the American Federation of State, County & Municipal Employees, AFL-CIO, 1625 L St., NW, Washington, DC, 20036. On January 31, the Union informed the Agency that it had assembled a team to bargain over the move. . 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. 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. Thus, as with the April negotiations, the bargaining in November failed to satisfy the requirements of the Statute. At Graham, regarding changes that could be made to the failure and ultimate breakdown of negotiations to. 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