cubicles. Graham and Lennie responded that the Agency was requesting those changes. . 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. to meet at reasonable times and to consult and bargain in a good-faith effort to reach agreement with respect to the conditions of employment . 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. In the months after unilaterally and unlawfully terminating bargaining on April 25 and refusing mediation on May 16, the GC asserts that the Agency proceeded to make and implement unilateral decisions concerning the relocation decisions on issues that were addressed (but not resolved) in the April negotiations, and that should have been negotiated with the Union. By the time negotiations began with the Union on April 23, it was apparently too late for such changes: the Union was told it could only tweak the floor plans. Discussion. . If complete agreement is not reached after the conclusion of negotiations, either party may request mediation from the Federal Mediation and Conciliation Service (FMCS). Who We Are.. NLRBs challenge fell within the third category and warranted judicial consideration. Consistent with its statutory charge to provide leadership in establishing policies and guidance to participants in the Federal labor-management relations program, the Authority also assists Federal agencies and unions in understanding their rights and responsibilities under the Statute through statutory training of parties. It certainly does not change the fact that the Respondent had already violated its statutory duty to bargain. . (a fact the Agency belatedly understood several months later, when it offered to return to the table), and the Agencys termination of bargaining in April was arbitrary and unreasonable. 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. Investopedia requires writers to use primary sources to support their work. (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. If the Agency had not cut off bargaining, the parties could easily have reached agreement on these points. 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. My reaction to this was that we rejected this because it wasnt a comprehensive proposal. The President can designate the Chairman with no separate Senate confirmation required. OurRegional Offices investigate unfairlaborpractice charges, conduct union elections, provide training, and more. 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. 428, 477. What Is a Right-to-Work Law, and How Does It Work? The National Labor Relations Board (NLRB) was established by the National Labor Relations Act (NLRA) in 1935, and it enforces statutorily defined unfair labor practices on the part of employers, labor organizations, or their agents. Tr. 479. AFSCME councils and locals must educate their members about the unfairness of labor laws governing workers' right to organize and the need for reform; and, That AFSCME will continue to build coalitions with community, civil rights and religious allies to demand that employers obey existing protections found in labor laws; and, That AFSCME will demand that elected officials and candidates for office publicly support workers' rights to choose representation free from coercion. 1935 Passage of the Wagner Act., National Labor Relations Board. One example of such a proposal was Union Proposal 36, requiring bargaining over furniture at a later time. 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). Half Street. GC Ex. The General Counsel contends that the ground rules agreement does not excuse the Respondents actions. On Monday, April 21, the Union submitted forty-one bargaining proposals. We certainly would have done that. . Thus, when the Union asked to bargain on February 5, the Agency was required to do so. . 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. The Agency cut bargaining off before this could happen. Vikki Velasquez is a researcher and writer who has managed, coordinated, and directed various community and nonprofit organizations. 90-91. 162.) 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. . 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 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 . Durkin and Nixon reiterated their disagreement, with Nixon telling Jones, we dont have your proposals even. Tr. However, the Unions action was precipitated by the Agencys rejection of those counterproposals, even though they reflected nearly full agreement on those five issues, and by the Agencys declaration that bargaining was over. 135, 429; GC Ex. immediately as to whether there was a fixed deadline for the end of bargaining suggests strongly to me that there was never a meeting of the minds on that provision. Concepts we will address include: FLRA vs. NLRB. Tr. 326-27. Tr. While the Union might have been able to figure out, from Joness repeated assertions, that the Agency would not agree to the Unions proposals calling for further bargaining (Union Proposals 35-40), it would nevertheless have been reasonable for the Agency to give specific written responses to the Unions proposals, or to offer its formula for handling these problems, so the Union could know where it stood. 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. . 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. . 366. 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. 470. GC Ex. 14 at 3. This argument ignores the important difference between the text of the NLRA and the text of the FSLMRS. After lunch, the Union team met with Graham to ask her questions about the design plans. . 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. But this interpretation requires an emphasis on selective phrases in the agreement, at the expense of its context. Ex. . 472. Iagree with the Union that this was not sufficient time for the Union to respond fully to the Agencys counterproposals. Another union, the National Labor Relations Board Professional Association (the Professional Association), represents about 120 employees at headquarters. Tr. The Respondent did not object to the motion, and I granted it. 1974 Health Care Amendments., National Labor Relations Board. at 327. (All communication between the parties was by email, unless otherwise noted.) 115-16. The Union told Jones that there were a number of ways to bargain. Thus, as with the April negotiations, the bargaining in November failed to satisfy the requirements of the Statute. Second, the Agency effectively gave the Union a matter of hours 3:52 to 6:33 p.m., or perhaps a bit longer, if the Union had agreed to continue bargaining into the evening to analyze the Agencys twenty-one counterproposals and provide written responses to them. What We Do., National Labor Relations Board. 39. We said we gave them notice of the change and conditions of employment. Tr. This is an unfair labor practice (ULP) proceeding under the Federal Service. GC Ex. 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. Durkin emailed the Agency team, thanking them for their time and stating, We could not reach a complete agreement by this evening, having not received the Agencys counter-proposals until 4:00 p.m. We will thoroughly review those proposals in the coming days in order to submit an appropriate response on April 30. GCEx. Durkin (along with Nixon and later Luther) responded, [N]o, the Agency has to continue bargaining. (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. On February 27, Durkin asked Jones about the drawings, and Jones said the Agency did not have any. The issue before me is whether, by participating in the two days of negotiations called for in the ground rules agreement, the Agency fulfilled its statutory duty to bargain concerning the relocation. GC Ex. The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). By specifying the dates on which negotiations would occur, and by eliminating language proposed by the Union that referred to the sessions as initial bargaining, this language suggests that these were the only two days on which bargaining was required, and that further bargaining would be scheduled only by mutual consent. 96-97. The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions. 129. Know Your Legal Rights Before Your Start, Positive Communication: How to Elevate Customer Experience, Age Discrimination in Employment Act (ADEA), The Myth of the Two Weeks Notice Requirement. at 330. 126-28. Durkin suggested that the Agency install an additional nursing room on the third floor, and asked whether workstations could be moved next to a window. 105, 233. And hiring an attorney who dabbles can lead to bad outcomes. . The Union is most certainly willing to continue negotiations by any reasonable means . According to its website, the NLRBs core duties are: The NLRB is a fairly small agency, with 26 regional offices dotted across the United States. These activities are governed by a handful of federal and state laws, the most prominent being the National Labor Relations Act (NLRA). Later that day, Stephen Sloper, a member of the Unions Executive Committee, asked FMCS Mediator Kurt Saunders to mediate the dispute. full proposals. 237-38. 3; Tr. 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). . President John F. Kennedy (Memorandum to the Heads of Agencies on Employee-Management Relations in the Federal Service, June 22, 1961). 30 at 3. 25. And even if the Union had been able to write up a full set of responses that evening, the parties would have needed much more than that day to properly address them and try to reach compromises. Meanwhile, the relocation project moved forward. 5. At the hearing, Durkin recalled: [W]e were incensed. 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. If the Union had had the opportunity to argue for its proposals in February or March, it might have been able to persuade management, the architects, and GSA that the Agency needed an additional 10,000 or 12,000 square feet, rather than 8,000. 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). When the parties began face-to-face negotiations on April 23, they had signed off on the ground rules less than a week earlier. . GC Ex. . 12. 7101-7135. 236. While denying that it had floor plans of the existing offices, the Agency prevented Union officials from taking. Luther also stated that the Union would be contacting the FMCS for assistance. 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. 3 at 2. 7 at 1-3. at 7. the design drawings were not adequate . When Jones forwarded these drawings to the Union the same day, it was the first time the Union had seen any drawings or floor plans for the new building. 367, 465. The obligation to bargain over a relocation arises when a lease is signed (if not earlier) and the union requests to bargain. In the late afternoon, about an hour before bargaining was scheduled to end, the Agencys bargaining team submitted twenty-three counterproposals. 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. 288), and Graham and Jones both acknowledged that no agreement was reached. . 403-04. Jones replied, Not on April 10th. . Tr. Effective Friday July 31, 2020, the agency now extends the prohibition on in-person filings indefinitely. 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. 117. But, he continued, there is not going to be ongoing bargaining. WHEREAS: The National Labor Relations Board (NLRB) and the Federal Labor Relations Authority (FLRA) no longer deliver on their respective statutory mandates to protect the rights of workers to form, join and support a union and encourage the practice and procedure of collective bargaining; and, Pro-worker decisions were issued under the Obama-era federal labor boards, but we are seeing significant retrenchment under the current NLRB and FLRA. Declaring an impasse is significant, because it communicates to the opposing side that the time for invoking impasse procedures has arrived. The U.S. Court of Appeals for the D.C. 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. 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