An overview of the similarities and the differences of the Federal Labor Relations Authority and the National Labor Relations Board. The general counsel is responsible for supervising the NLRBs field offices and processing of cases as well as investigating and prosecuting unfair labor practices. 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. The Respondent contends that if a violation is found, retroactive relief, including a retroactive bargaining order, would be inappropriate. 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. 100-01, 230-31. Each year, a new board member is appointed by the president, with the blessing of the Senate, for a five-year term. 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. Jones first stated that he still did not have the drawings, and he recommended that the bargaining sessions scheduled for the following week be postponed. Graham and Lennie responded that the Agency was requesting those changes. Shortly after Jones sent his email, the Union and Agency teams met briefly to gather their things and leave. Case digests provide a brief synopsis of the most pertinent principles in merits decisions issued by the Authority. Also, according to Durkin, Lennie told attendees that they had been working with the architects for months to try to fit everything in, and that they had received design drawings a month prior and . 470. 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 Court distinguished between indirect attacks on the substantive validity of regulations initiated over sixty days after their promulgation from attacks on their procedural lineage. In this regard, the GC asserts that there was no clear and unmistakable waiver of the Unions right to bargain to agreement or impasse. The Authority has defined impasse as that point in negotiations at which the parties are unable to reach agreement.. Additionally, the bargaining with the Union over furniture lasted for only one day, November 24, and it ended without an agreement or evidence of an impasse. It didnt have to be face-to-face. 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. When they have agreed on an issue, the presumption should be to implement it retroactively, although the Union will have to weigh the feasibility and the cost of retroactivity, insofar as it affects what the Agency may otherwise be able to agree to, in the overall agreement. 16. , retain . Tr. Tr. On May 19, the Union filed the ULP charge. She has conducted in-depth research on social and economic issues and has also revised and edited educational materials for the Greater Richmond area. OurRegional Offices investigate unfairlaborpractice charges, conduct union elections, provide training, and more. at 41. 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 . Br. [I]t was not necessary to explicitly lay out those types of bargaining, because they dont involve the same logistics that face-to-face bargaining does. Tr. National Labor Relations Act., National Labor Relations Board. Tr. LEXIS 15827, 266 U.S. App. This is an unfair labor practice (ULP) proceeding under the Federal Service. Tr. Tr. Tr. . Hiro Isogai, a designer at WDG, showed slides of each floors layout, explained their details, and answered questions. With regard to a remedy, the GC asks that I order retroactive bargaining. Three of the Unions counterproposals were identical to the Agencys, and the other two were very close. Reasonable steps shall be taken to ensure that such Notices are not altered, defaced, or covered by any other material. 413. 1947 Taft-Hartley Substantive Provisions., National Labor Relations Board. Employers and employees seeking help with labor or employment matters would be well-served to ensure they hire an attorney that specialize in the area of law for which they need the help. Conduct Elections 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. full proposals. 110-12, 363-64. 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. However, in an attempt to reach an agreement or at least narrow the issues, the Agency offered to continue bargaining into the night. ssues. # 65880 | 2,202 words | 5 sources | MLA | 2006 |. 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. Preventing and remedying unfair labor practices orchestrated by employers, unions, or both. [5] In August 2021, President Biden nominated eight-year assistant general counsel Kurt Rumsfeld to the position.[6]. Because the negotiating table is so steeply slanted toward the Agency (due to its unilateral implementation of so many details of the relocation), a presumption of retroactivity is needed to restore the conditions that existed when negotiations began. . 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. 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. These factors establish that there was a strong potential for further and productive bargaining, if only the Agency had the patience to persist beyond its arbitrary deadline. Donna Nixon was scheduled to be on a flight that night. Jones added that the DID process should have started approximately three weeks ago. GC Ex. Asked to describe this portion of bargaining, Luther testified that there were a number of proposals during the course of the day where the Agencys response was, well, we dont know; we dont know about the furniture [Proposal 36]; we dont know about film on the glass [Proposal 14]; we dont know about coat hooks [Proposal 28]; we dont know about these things yet, which would indicate at some point, there would need to be further discussion about them . [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. Tr. But, he continued, there is not going to be ongoing bargaining. Br. these things. 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. 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. This argument ignores the important difference between the text of the NLRA and the text of the FSLMRS. . Employee Relations and Labour Relations are different, but with significant overlap, in principle, to ensure greatest success within any organization. With respect to the Agencys obligation to bargain over the relocation, Jones testified, We gave them the drawings. The three members cannot be from the same political party. The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions. and agreed to get it to us as soon as he was able to. Tr. 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. Nonetheless, when the Union requested mediation, the Agency refused to participate. Although both laws cover labor relations and rights, they . 2. The NLRB, not GSA, instigated the May 9 deadline for submitting comments on the floor plans, and the Agency had many months thereafter in which it continued to make significant decisions regarding the relocation, despite having already terminated bargaining with the Union. 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. On May 9, Lennie gave the Union a list of the location and size of each employees workspace at Franklin Court. 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 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 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. In the proposed ground rules, the Union called for an initial bargaining session. 34. 1(c). At the Agencys headquarters, the Union represents about sixty-two employees. This is just one of a series of examples of the kind of power that the NLRB possesses. Tr. David M. Prouty. 431. The Railway Labor Act (RLA) is a federal law that was passed in 1926 to govern labor relations in the railroad industry, and amended in 1936 to include the airline industry. On Friday afternoon, November 21, Jones informed the Union that that the Agency was finalizing its furniture order for Half Street. While private-sector employees are entitled to collectively bargain . Each has its own procedures and rules that if an attorney does not know could result catastrophic error. 14 at 3. Graham told them, [W]e dont know about furniture because the Agency doesnt have money, adding that the Agency planned to purchase furniture using a monthly payment plan administered by GSA. Once the Agency and the Union began negotiating in this case, it is clear that they did not reach agreement. Monday, January 13, 2020. (b) Post at all offices of the Agency where bargaining unit employees are located, copies of the attached Notice on forms to be furnished by the Federal Labor Relations Authority. The Authority viewed the applicable "law" to be the "management rights" provision under section 7106 of the FSLMRS. . The Union asserted that its tentative agreement to the counterproposals does not limit or waive the Unions right to submit proposals and/or counterproposals, and to engage in bargaining regarding headquarters relocation. [T]here were some [Union] proposals that were left out of our counter that we werent able to agree to. Tr. Luther also provided Jones with proposed ground rules for the negotiations. The Agency would have offices on the third through sixth floors. The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). Therefore, it could hardly be said on April 24 that further negotiations would be fruitless; on the contrary, further negotiations were inevitable. It is instructive at this point to take a step back and look at the, employees they thought they would move by September to a specific location. GC Ex. At the same time, negotiations were also underway with the Union, Agency and FLRA to settle the Unions ULP charge. 237-38. Finally, it should be emphasized, as the Authority did in. . Durkin and Luther complied. 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. GSA approved the increase, and the architects revised their drawings accordingly. The evidence thus shows overwhelmingly that the parties had not reached impasse at any time, and that mediation might have been exactly what the parties needed to bridge their differences. 202. Held. 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. Find everything you need to know about filing a casewith the FLRA. No. The Union told Jones that there were a number of ways to bargain. Tr. . 45. 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. At a Space Advisory Committee meeting on October 15, Crayton and WDG briefed the members about the construction schedule and options for furniture and window frosting at Half Street. Jones asked Durkin and Luther not to, saying, You agreed to a visual inspection and thats what we expect this to be. Tr. 22 at 3-5. The Agency isnt even prepared to make decisions on these aspects[] of the relocation. D.C. 165, 126 L.R.R.M. At 6:11 p.m., the Union sent the Agency a document titled Unions Initial response to Agencys counterproposal of 4/24/14. Tr. 30. 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. 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. 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. Finally, a nationwide posting will emphasize to employees that the agency that enforces labor laws in the private sector must itself comply with labor laws in the public sector. Where they mainly differ is in the portion of the workforce they serve. Larry Sutton, the GSA representative on the project, spoke next. FLRA vs. NLRB. 25 at 5, 7. Gwynne A. Wilcox. What is the Purpose of the National Labor Relations Board (NLRB)? Isogai indicated that there had been a number of iterations of the drawings (Tr. 278-79; GCEx. The Respondent argues that its actions were justified, given the fact that it was under pressure to give the architects comments on the preliminary drawings by May 9. 43 at 9, 23, 29, 36, 49), and others dated April 2 (. . Tr. Board Members are appointed by the President to 5-year terms, with Senate consent, the term of one . 121, 413, 448-49; GC Ex. Timing and Availability of Judicial Review, The Constitution and the Administrative State, Statutory Constraints on Agency Procedure, Constitutional Constraints on Agency Procedure, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam). The Respondent is an agency within the meaning of 7103(a)(3) of the Statute. Later that day, Stephen Sloper, a member of the Unions Executive Committee, asked FMCS Mediator Kurt Saunders to mediate the dispute. GC Ex. On April 17, the Union and the Agency exchanged communications (both verbally and in writing) that ultimately resulted in their reaching a ground rules agreement. 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. It is their duty, when called upon, to hear labor disputes and resolve them through quasi-judicial proceedings. 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). However, it is my experience that this is the exception and not the rule. These laws include federal and state wage and hour laws, discrimination laws, and leave laws. (As it turned out, the Agency would end up staying past its lease, becoming a holdover tenant. 278. During this time period, the Agencys Facilities Department was engaged in numerous communications with the WDG architects regarding the drawings. (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. Are You Covered?, Federal Labor Relations Authority. . On April 3, Jones told the Union, with regard to a walk-through of Franklin Court, that people will be working and cannot be disturbed, so you should not plan on measuring/inspecting individual employee workspace or conversing with employees during duty time. GC Ex. This isnt to say that there are no attorneys that are able to successfully practice both employment and labor law. 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. 17 at 1. Tr. The Board has five Members and primarily acts as a quasi-judicial body in deciding cases on the basis of formal records in administrative proceedings. Were moving. . 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. 41, 217-18); Donna Nixon, an attorney in the Detroit Region and a district vice president of the Union (Tr. 30-31, 215-16); Lisabeth Luther, a compliance officer based in the Indianapolis Regional Office (Tr. 166. 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. 409; On April 7, an architect from WDG emailed Crayton and Graham the latest drawings, for their review and comment. 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. The document began, The Union has not had sufficient time to create a complete counterproposal to the Agencys counterproposal of 4/24/14. GC Ex. 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. Subsequently, the GC, the Charging Party, and the Respondent filed post-hearing briefs, which I have fully considered. Between April 29 and May 12, Union officials attempted to initiate mediation of the dispute with the FMCS. 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. 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. Tr. 37 at 2. 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. .. 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. 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. For all of the above reasons, the Agency failed to bargain in good faith and violated 7116(a)(1) and (5) of the Statute. 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. 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. GC Ex. 34. In the afternoon, our team worked as quickly as possible to prepare a good-faith counterproposal in which we tried to address the Unions concerns. Durkin testified about several of the proposals discussed that day. GC Ex. So what we decided to do . Tr. Although it kept the Space Advisory Committee apprised of what was happening with the construction and allowed the committee members to express their opinions at certain times, many of the committee members were not part of the Unions bargaining unit, and this process was not bargaining. . This individual is appointed by the president for a four-year term and functions independently from the board. 29 at 3-4. Jones replied that the design plans were the Agencys proposals. 4 at 9. GC Exs. 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. Tr. Griffin also referred to competing concerns from the different divisions within the Agency. Tr. Similarly, the Respondent cannot blame GSA for its unlawful bargaining. 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. at 330. Tr. Durkin and Nixon asked more questions, most of them directed at Graham, regarding changes that could be made to the drawings. 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. Later that morning, Jones and Graham escorted the Union team through Franklin Court. At this time FLRA remains fully operational. . 104. Other labor laws of note are the Railway Labor Act (RLA), the Federal Labor Relations Act (FLRA), as well as state labor laws that govern bargaining rights of state employees. 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. Overlap, in principle, to ensure that such Notices are not altered, defaced, covered... 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