Jones replied that same day, conceding that the process has fallen slightly behind schedule.. 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. GC Ex. Durkin continued: As weve stated over the past two days, we do not agree that negotiations have concluded entirely merely because our two face-to-face bargaining, Agencys counter-proposals and reach an agreement on all of the subjects. Tr. It then listed five Union counterproposals (which are set forth in the appendix). However, in an attempt to reach an agreement or at least narrow the issues, the Agency offered to continue bargaining into the night. But I find the determination of the Authority in the, situation strikingly similar to ours, to be instructive and persuasive. 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. The FLRA was adopted after President Jimmy Carter sought legislation to bring comprehensive reform to civil service system and regularize federal labor relations. 137; GC Ex. The FLRA initially decided that disclosure was "prohibited by law" under 7114 (b) (4). At this time FLRA remains fully operational. at 1, 5; The Respondent contends that it fulfilled its bargaining obligation under the Statute. Luther also provided Jones with proposed ground rules for the negotiations. GC Ex. 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. Substantive bargaining did not begin until the second day, at which time the parties discussed most of the forty-one proposals submitted by the Union. . willing to continue bargaining regarding the headquarters relocation by various means, including but not limited to face-to-face bargaining, telephonic bargaining, email and video conferencing. The Board. 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. 14 at 3. things that we could agree on. Tr. 115-16. 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. NLRB Deputy General Counsel Jennifer Abruzzo and Chief Financial Officer Ron Crupi then informed the union officials about financial aspects of the move. GC Ex. On Friday afternoon, November 21, Jones informed the Union that that the Agency was finalizing its furniture order for Half Street. 90-91. However, Lennie indicated that the Agency would look into seeing whether they could find additional space for more stalls. 30 at 3. The list of these laws is long and growing. Employees can file a charge against and employer and labor union at one of its 26 regional offices and the NLRB will investigate. By contrast, Jones testified that it was never contemplated that we would do this any other way than face-to-face. Tr. File a case with the FLRA, including unfair labor practice charges, arbitration appeals, and requests for impasse assistance. Dec. 4, 1987). Fine, were obligated to bargain. GCExs. to negotiate before a firm decision had been made to relocate.. Tr. Was NLRB barred by the statute of limitations? . The Union represents a bargaining unit of professional and nonprofessional employees who work for the Agencys General Counsel (at the headquarters building and at its regional offices), as well as a second unit of nonprofessional employees who work for the Chairman and Members (the Board) at the headquarters building. While private-sector employees are entitled to collectively bargain . The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions. There has been no senate-confirmed General Counsel since Julia Akins Clark left the post in January 2017, and no Acting General Counsel between November 2017 and March 24, 2021, when President Joe Biden named Charlotte A. Dye to be Acting General Counsel. . Also on February 5, Durkin emailed Jones an information request, asking for any and all documents and records showing the floor plan, layout and/or design, for the Half Street building, as well as a timeline for the relocation process. 39. 47 FLRA at326-27. Its work often makes the news and has helped to shape American labor practices. OurRegional Offices investigate unfairlaborpractice charges, conduct union elections, provide training, and more. ssues. The FLRAis the federal public sector counterpart to the National Labor Relations Board (NLRB), which governs labor relations between private sector employees and employers. 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. Tr. 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. . Let us know what you think about our new and improved website by emailing us at EngagetheFLRA@flra.gov. The chart below details steps in the unfair labor practice process. The Unions two other counterproposals were very similar to Agency proposals, indicating that further discussions could have led to an agreement. When parties agree to language that expressly waives the statutory right to bargain, the Authority will find that such language constitutes a waiver.. 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. 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. Organized labor is a strategy where workers join together in unions in order to negotiate for better wages and working conditions. 33, 35. Nonetheless, the union and the GCargued that the agency was obligated to begin bargaining once the relocation was contemplated., . And so we went through . 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. . GC Ex. 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. The Taft-Hartley Act is a 1947 federal law that limits the activities and power of labor unions. 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.. What We Do., National Labor Relations Board. 42 at 1. 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. It certainly does not change the fact that the Respondent had already violated its statutory duty to bargain. GC Ex. 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. The reason that knowing the distinction between employment laws and labor laws is important, especially when hiring an attorney, is because lawyers who claim to be both labor and employment lawyers have a tendency to specialize in one and dabble in the other. I mean, we had done everything to try to continue bargaining, to ask for continued bargaining. As for further bargaining, the Union stated that it was. Understanding the National Labor Relations Board (NLRB), National Labor Relations Board (NLRB) Responsibilities, National Labor Relations Board (NLRB) Structure, Examples of the National Labor Relations Board (NLRB) Defending Employee Rights. 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. 47 at 1. Also, Jones acknowledged that [t]here wasnt a deadline on furniture for May 9th. Tr. 12 at 1. Who We Are.. Br, (2) the Unions proposals were focused almost entirely on the maintenance of the size of current office space and configuration[,] the Agency rejected the Unions space proposals, the Union did not retreat from its position on maintaining current size and configuration of office space in its partial counter, and the Agency rejected the Unions counterproposals (. 32, 264. View the legislative history of the Federal Service Labor-ManagementRelations Statute, the Civil Service Reform Act, andthe Foreign Service Act. that the Agency had had the drawings for a month at that point in time. Tr. . 3; Tr. Before the days session ended, Jones asked Durkin why the Union had not spent the day talking about its written proposals. At the time of the hearing, the relocation of the NLRB headquarters was scheduled to take place by June 2015. Durkin (along with Nixon and later Luther) responded, [N]o, the Agency has to continue bargaining. 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. Tr. - Legal Principles in this Case for Law Students. 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. 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. . The Agency could not sincerely claim that the parties were at impasse until they had engaged in full-fledged negotiations over those additional counterproposals. . Its your bargaining obligation to continue bargaining over these aspects. Tr. FEDERAL LABOR RELATIONS AUTHORITY OALJ 16-16 Office of Administrative Law Judges WASHINGTON, D.C. 20424. Griffin acknowledged that that was a problem . 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. Meanwhile, the relocation project moved forward. 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