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. 7101-7135 (the Statute), and the Rules and Regulations of the Federal Labor Relations Authority (the Authority or FLRA), 5 C.F.R. Accordingly, the Union will submit a proposal and/or counterproposal to the Agencys 4/24/14 counterproposal on April 30, 2014. Brief Fact Summary. What is the difference between NLRB and FLRA? There are five people in total on the NLRBs board. 40. Employee Relations and Labour Relations are different, but with significant overlap, in principle, to ensure greatest success within any organization. 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. . 278-79; GCEx. 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. 51 at 7. 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 . (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. It protects the rights of most private-sector employees, who can petition it for help in efforts to collectively bargain for better wages and working conditions. 90-91. . marked the opening to broader compromises, but the Agency chose instead to close the book on bargaining. 127-28. The Agency offers two primary justifications for its actions: itargues that the Union waived its right to further bargaining when it agreed to the ground rules, and it further insists that when the second day of bargaining ended, the parties had reached impasse. 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. the design drawings were not adequate . 32 at 1. Watch free online FLRA trainings on our Youtube channel and dont forget to subscribe to receive updates on new videos. Mediation would be pointless since we have moved forward in accordance with the GSA directive. What We Do., National Labor Relations Board. 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. The Authority has held on a number of occasions that after an agency has unilaterally implemented changes in conditions of employment, subsequent offers to bargain over the changes do not cure the statutory violation, and post-implementation actions are irrelevant. GC Ex. Let us know what you think about our new and improved website by emailing us at EngagetheFLRA@flra.gov. 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. . Effective Friday July 31, 2020, the agency now extends the prohibition on in-person filings indefinitely. Issue. The Railway Labor Act (RLA) was passed by Congress 9 years before the National Labor Relations Act (NLRA): 1926 and 1935 respectively. The FLRAs one-stop shop for all things training with upcoming in-person events near you, YouTube videos, agency training contacts and more. the advantage conferred by the privilege to retain or waive its right to retroactive application of bargaining terms. 856 F.2d at 299. But the agency told the union that no final decision had been made about the relocation, and indeed the relocation did not occur. . The April 23 session ended at that point; the parties left it that we disagree[] as to whether bargaining would continue beyond the next day. 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. In an exchange of emails between the Union and Saunders on May5, Luther reiterated the Unions interest in mediation to assist us in resolving the issues with the Agency, and she suggested the week of May 13th for that purpose. and we explicitly request continued bargaining. 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.). Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from 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 Unions two other counterproposals were very similar to Agency proposals, indicating that further discussions could have led to an agreement. Tr. 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. 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 . 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. View the legislative history of the Federal Service Labor-ManagementRelations Statute, the Civil Service Reform Act, andthe Foreign Service Act. We said we gave them notice of the change and conditions of employment. Later that day, Sloper reminded Jones of the provision in the ground rules agreement for mediation and asked whether the Agency believed that mediation has been completed according to the terms of the ground rules agreement., morning: Bargaining has concluded, and there has been no mediation. 1(a). . Tr. 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. 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. These activities are governed by a handful of federal and state laws, the most prominent being the National Labor Relations Act (NLRA). 300, 439-41. . informed the Union that the Respondent had fulfilled its obligation to bargain over the effects of the Headquarters Office Move, and that [s]ince on or about May15, 2014, the Respondent has failed and refused to negotiate with the Union over the Headquarters Office Move to the extent required by the Statute, in violation of 7116(a)(1) and (5) of the Statute. However, it is my experience that this is the exception and not the rule. Monday, January 13, 2020. Another union, the National Labor Relations Board Professional Association (the Professional Association), represents about 120 employees at headquarters. Giving employees the freedom to decide whether they want union representation and, if yes, by which union by conducting secret ballot elections. The Federal Labor Relations Authority(FLRA) has a similar mandate to the NLRB. They include federal laws such as the: State laws that are typically considered employment laws include each states various wage and hour laws, wage payment laws, and leave laws. [W]hen a respondent claims as a defense to an alleged unfair labor practice that a specific provision of the parties collective bargaining agreement permitted its actions alleged to constitute an unfair labor practice, the Authority, including its administrative law judges, will determine the meaning of the parties collective bargaining agreement and will resolve the unfair labor practice complaint accordingly. Jones offered the Union a chance to bargain over furniture by telephone, adding, As you may recall, we had some discussions about furniture during the negotiations that took place in April, and you may want to review the Agencys counterproposal of April 24 . I mean, we had done everything to try to continue bargaining, to ask for continued bargaining. The Charging Party argues that the Respondent violated the Statute and that the Respondent should be ordered to return to the bargaining table participate in mediation conducted by the FMCS, if requested by the Union, and participate in proceedings before the Federal Service Impasses Panel, if agreement is not reached during renewed negotiations. 3; Tr. 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. 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. GC Ex. These laws include federal and state wage and hour laws, discrimination laws, and leave laws. Event Location: This training will be conducted virtually using WebEx during CST. 39. 52. Nonetheless, their disagreement about the meaning of paragraph 2 of the ground rules agreement became evident almost immediately. About NLRB., National Labor Relations Board. . At this time FLRA remains fully operational. Tr. Were moving. 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. The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). Labor law governs union and management relationships and employee collective bargaining rights. The Agency insists that a fixed date for concluding negotiations is implied in the ground rules, but the law requires such a waiver of the Unions statutory rights to be explicit. at 12, 14. We certainly would have done that. . The purpose of the NLRA was to codify the federal policy favoring industrial relations stability and employee free choice. The NLRA, otherwise known as the Wagner Act, is one of the most groundbreaking labor laws ever enacted in the United States. 17 at 1. Graham, who attended the meeting and who worked closely with the GSA contract officer, testified that once the comments on the preliminary drawings were submitted, it would have been difficult, if not impossible, for architects to change certain aspects of the design, such as the location of walls or the number or size of workspaces. On April 10, the three of them discussed these issues over the phone. In a similar context, the judge in, The Respondent argues that negotiations were deadlocked because the Unions proposals focused almost entirely on the maintenance of the size of current office space and configuration[,] the Agency rejected the Unions proposals on these issues, and neither side altered its position. 450. ssues. . 335-36. . 109. 23 at 11-12, 15-16, 27-32), and some were dated April 11 (. The National Labor Relations Board (NLRB) is an independent federal agency created by the U.S. Congress in 1935 to enforce the National Labor Relations Act (NLRA). Unfortunately, the record developed by the parties is far from ideal, making choosing between Presence with a Purpose and the 8-2 schedule difficult. 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. GC Ex. . 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. Impact of the NLRB on Professional Sports., The New York Times. Additionally, the evidence conclusively demonstrates that the parties had not reached impasse. As for whether the parties discussed the issue of furniture, Jones stated, When we walked through the initial proposals of the Union . Federal Labor Relations Authority", "Patco Decertification Vote Is Switched From 2-1 to 3-0", "Biden Names Acting FLRA General Counsel, Ending Critical Trump Era Vacancy", "Biden picks 2 officials for federal labor office with a case backlog", https://en.wikipedia.org/w/index.php?title=Federal_Labor_Relations_Authority&oldid=1141357105, This page was last edited on 24 February 2023, at 17:23. 38. 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. While private-sector employees are entitled to collectively bargain . The court has distinguished three types of challenges on appeal. The duty to negotiate in good faith includes the obligation to approach the negotiations with a sincere resolve to reach a collective bargaining agreement and to meet at reasonable times and convenient places. But we had no specific proposals about furniture. Tr. 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. GC Ex. Many of these proposals were not related to the size of individual offices or cubicles, and indeed the Agency itself had no way of properly or knowledgeably negotiating many of these subjects (such as the height of cubicle walls, frosting on glass, and options for furniture, flooring, and walls) in April or May. The Authority has stated that the location in which employees perform their duties, as well as other aspects of employees office environments, are matters at the very heart of the traditional meaning of conditions of employment.. File a case with the FLRA, including unfair labor practice charges, arbitration appeals, and requests for impasse assistance. 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. 13. Graham and Lennie responded that the Agency was requesting those changes. 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. The Authority has defined impasse as that point in negotiations at which the parties are unable to reach agreement.. 221. Ex. The Union team then met up with the remainder of the Agencys bargaining team. encompassed in those proposals. 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. 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. . This argument ignores the important difference between the text of the NLRA and the text of the FSLMRS. By mutual agreement, the parties may agree to additional dates for face-to-face bargaining. Complaints are dealt with by regional offices and may be passed on to the five-team board, which acts as aquasi-judicial body. The NLRB covers most of the private sector. . . 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. Subsequently, the GC, the Charging Party, and the Respondent filed post-hearing briefs, which I have fully considered. Tr. GC Ex. . This conclusion was verified by an exchange of emails on May 15 and 16. Labor Board Calls for Revote at Amazon Warehouse in Alabama in Major Victory for Union., National Labor Relations Board. That AFSCME will publicize how the current NLRB and FLRA are enforcing our federal labor laws to hinder, rather than promote, collective bargaining. . The President can designate the Chairman with no separate Senate confirmation required. 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. GC Ex. Tr. Fine, were obligated to bargain. In sum, the parties could have engaged in productive discussions over the Unions proposals after April 24. 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. And so we went through . 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. 25. there has to be an end point. 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. 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. Tr. Tr. Tr. 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. 30 at 3. Further, almost half of the Unions original proposals (the same sixteen that I enumerated above) were not tied to the May 9 deadline. 274-75. 42 at 1. Concurrence. 264). Notwithstanding the lack of drawings, Jones and Durkin began on March 12 to discuss ground rules and potential dates for negotiations. 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