On Wednesday, April 23, the Unions bargaining team met with Agency representatives Jones and Graham. 30 at 3 & 32 at 1-2. 123-24. Tr. 34. While the parties had some subsequent discussions about the relocation, no further negotiations occurred until at least November. . Tr. NLRB Deputy General Counsel Jennifer Abruzzo and Chief Financial Officer Ron Crupi then informed the union officials about financial aspects of the move. Employment Laws . Find a listing of all of the FLRA's current job openings. Tr. 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. It also helps employees conduct union elections. 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. In November 2021, the agency gave workers at an Amazon warehouse in Alabama a second shot at unionizing after concluding that the ecommerce giant interfered in the first election. Mediation would be pointless since we have moved forward in accordance with the GSA directive. Durkin and Nixon asked more questions, most of them directed at Graham, regarding changes that could be made to the drawings. In other words, the paragraph simply specified the dates on which bargaining would be conducted. 47 at 1. D.C. 165, 126 L.R.R.M. 109. [on] the 24th, we walked through each of these and there was some general discussion. [T]here were some [Union] proposals that were left out of our counter that we werent able to agree to. Tr. . GC Ex. Jones replied that same day, conceding that the process has fallen slightly behind schedule.. 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. At least in some respects, the November 24 teleconference offered the Union a hope of shaping the Agencys furniture choices before those choices were finalized in December. In response to Proposal 12 that employees who had window offices at Franklin Court would have the same at Half Street Jones stated, well try to see how many window offices we can get in the Washington Resident Office, but again they are the only people who have offices.. 106-07. The NLRA, otherwise known as the Wagner Act, is one of the most groundbreaking labor laws ever enacted in the United States. the advantage conferred by the privilege to retain or waive its right to retroactive application of bargaining terms. 856 F.2d at 299. 409; On April 7, an architect from WDG emailed Crayton and Graham the latest drawings, for their review and comment. In the weeks and months that followed, the Agency unilaterally made decisions about the design and layout of the new headquarters, including issues such as office furniture and other matters that had been discussed (but not resolved) during bargaining. 122. 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. Effective Friday July 31, 2020, the agency now extends the prohibition on in-person filings indefinitely. Tr. And, without strong enforcement of labor laws, unions cannot effectively function. The Union told Jones that there were a number of ways to bargain. Find a listing of FLRA contacts that you can call for more information. One important difference between the two laws is the scope of the authorized collective bargaining process. Tr. 274. Were not withholding any information. Tr. 236. 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. This argument ignores the important difference between the text of the NLRA and the text of the FSLMRS. 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. 386-87; Jt. As Luther described in her testimony, the five issues addressed in the Unions Initial response to Agencys counterproposal of 4/24/14 (GC Ex. 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. 2. GC Ex. A labor union is an organization that represents the collective interests of workers in negotiations with employers. The agency is separate from the National Labor Relations Board, which governs private-sector labor relations. . GC Ex. Labor Board Calls for Revote at Amazon Warehouse in Alabama in Major Victory for Union., National Labor Relations Board. to negotiate before a firm decision had been made to relocate.. But the Union had offered to provide the Respondent its counterproposals by April 30, and it is likely that the parties could have resolved many, if not all, of their disputes by May 9. Annual Subscription ($175 / Year). 7 at 1-3. 51 at 7. 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. . When workers are stripped of union protections, wages stagnate or decline, and inequities grow. According to Luther, Sutton also said that there had been a great deal of work with [various Agency officials] . She has conducted in-depth research on social and economic issues and has also revised and edited educational materials for the Greater Richmond area. At that point, it was apparent to both parties that these decisions could not be made until much later in the relocation process, and indeed Union Proposals 35 and 36 sought to commit the parties to negotiations when they possessed the necessary information to resolve them, rather than in April, when both sides were buying a pig in a poke. Tr. And then Harry Jones turns around and emails and suggests that we werent willing to continue bargaining, and suggested that our ground rules agreement somehow limited bargaining to those two days, which we disagreed with. Dissent. 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. During this time period, the Agencys Facilities Department was engaged in numerous communications with the WDG architects regarding the drawings. 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. .. 30 at 3. 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. Published on May 23, 2006 in Law ( Labor ) , Business ( General ) Tweet. GC Exs. . The NLRB cannot open cases on its own. National Labor Relations Board. , retain . Effective Friday July 31, 2020, the agency now extends the prohibition on in-person filings indefinitely. The FLRA was adopted after President Jimmy Carter sought legislation to bring comprehensive reform to civil service system and regularize federal labor relations. ssues. . 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. Tr. The obligation to bargain over a relocation arises when a lease is signed (if not earlier) and the union requests to bargain. 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. . GC Ex. Later that morning, Jones and Graham escorted the Union team through Franklin Court. . Tr. 10. (As it turned out, the Agency would end up staying past its lease, becoming a holdover tenant. 425. 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. Resp. 274-75. We had bargained all day. 428, 477. It then listed five Union counterproposals (which are set forth in the appendix). Ex. 451. Watch free online FLRA trainings on our Youtube channel and dont forget to subscribe to receive updates on new videos. . and . Unfortunately, we were not able to reach agreement. GC Ex. View the legislative history of the Federal Service Labor-ManagementRelations Statute, the Civil Service Reform Act, andthe Foreign Service Act. GC Ex. 221. Unlike the Unions proposed ground rules, the Agencys proposals did not refer to an initial bargaining session.. GC Ex. Now that the relocation has been completed, and all employees are working at the Half Street building, it is not at all clear how many of the decisions unilaterally imposed by the Agency can be undone through retroactivity. It certainly does not change the fact that the Respondent had already violated its statutory duty to bargain. 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. The Respondent did not object to the motion, and I granted it. Tr. 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. It was during this period of time that the Union could have been afforded a similar opportunity to add its perspective and interests into the discussion that was going on between the Agency and the architects. we cant bargain all of these day-to-day decisions., With respect to Union Proposal 9 that employees who had worked in offices at Franklin Court would continue to have offices at Half Street (as opposed to the cubicles shown in the floor plans) Jones responded that Washington Resident Office employees would have offices, but that all of the support staff would be in 48 s.f. National Labor Relations Act., National Labor Relations Board. . Brief Fact Summary. Another union, the National Labor Relations Board Professional Association (the Professional Association), represents about 120 employees at headquarters. 25. 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. The two had similar exchanges on March 10 and 24. This is part of an ongoing debate about whether student athletes are in fact employees of universities and should be protected as such. Since its inception in 1935, the NLRB has successfully defended the rights of private-sector employees across all types of industries. GC Ex. 220. 33, 42-43, 403; GC Ex. 1(c). Tr. None. 12 at 1. National Labor Relations Board. . (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. In determining whether the Respondent violated 7116(a)(1) and (5), the first inquiry is whether it had an obligation to bargain at all in these circumstances. 29, 30. During these negotiations, the Agency spokesman stated that the Agency did not have information on, and had not made decisions about, several issues raised in the Unions proposals, including matters relating to the office furniture to be used at the new headquarters. 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. 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. A few days later, the Union tried to initiate mediation of the dispute, but the Agency refused to participate. FLRA, 39 F.3d 361 (CADC 1994); Defense . Jt. 236, 238. Employee Relations and Labour Relations are different, but with significant overlap, in principle, to ensure greatest success within any organization. This individual is appointed by the president for a four-year term and functions independently from the board. No. 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. Tr. Therefore the union can usually rest in at least a legal assurance that, whenever the agency notifies it of a proposed change and gives it the opportunity to bargain, its opportunity will be adequate. 146-47. Concepts we will address include: The FLRA initially decided that disclosure was "prohibited by law" under 7114 (b) (4). 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. In the practice of law, however, there is a distinction between the two, and it is important that anyone seeking the assistance of a lawyer know what that distinction is. 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. GC Ex. 1935 Passage of the Wagner Act., National Labor Relations Board. Ex. GC Ex. 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. 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. Meanwhile, the relocation project moved forward. . Jones asked Durkin and Luther not to, saying, You agreed to a visual inspection and thats what we expect this to be. Tr. The architects finalized design intent drawings in August. 106. Tr. Labor-Management Relations Statute, Chapter 71 of Title 5 of the U.S. Code, 5 U.S.C. 322.) Since the Union had been actively pursuing mediation, the Union team understood this to mean that the Agency was refusing to engage in mediation. What Is the National Labor Relations Board (NLRB)? Finally, the GC requests a nationwide posting. 479. Tr. It could be by teleconference or videoconference. 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). However, Lennie indicated that the Agency would look into seeing whether they could find additional space for more stalls. An allegation of a procedural infirmity will not be heard outside of the statute of limitations period. 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. . In this regard, the GC asserts that there was no clear and unmistakable waiver of the Unions right to bargain to agreement or impasse. After investigating the charge, the Regional Director of the FLRAs Chicago Region issued a Complaint and Notice of Hearing on January 12, 2015, on behalf of the FLRAs General Counsel (GC), alleging that, On May 15, 2014, the R. espondent . Sotomayors Baseball Ruling Lingers, 14 Years Later., The Washington Post. Jones and Graham advised the Union team that they could only make minor changes or tweaks to the floor plans, which had first been shown to the Union only nine days earlier. Vikki Velasquez is a researcher and writer who has managed, coordinated, and directed various community and nonprofit organizations. GC Ex. 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. Ex. - Legal Principles in this Case for Law Students. Over the weekend of December 13 and 14, the Agency needed to vacate a portion of its office space at Franklin Court to enable the new tenants to move in; this required employees in the vacated space to move into the remaining Agency space at Franklin Court. On March 14, Durkin proposed two consecutive days of face-to-face bargaining, to occur on April 16 and 17. 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. When some alternative features were suggested, he said, no, weve tried that . 25 at 5, 7. As a result, when formal bargaining with the Union began on April 23, the floor plans were largely fixed, as the GC claims. Woodcock testified that Griffin started out by discussing . By contrast, Jones testified that it was never contemplated that we would do this any other way than face-to-face. Tr. 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. Jt. Tr. Griffin also referred to competing concerns from the different divisions within the Agency. Tr. FEDERAL LABOR RELATIONS AUTHORITY OALJ 16-16 Office of Administrative Law Judges WASHINGTON, D.C. 20424. Its your bargaining obligation to continue bargaining over these aspects. 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. , 25 FLRA 787, 789-90 (1987). The Union is most certainly willing to continue negotiations by any reasonable means . GC Ex. If the Union did not waive its right to bargain beyond April 24, the Agency was required to bargain until it reached agreement or impasse. 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. 30 at 3) were highlighted by the Union team in the late afternoon of April 24, because these were issues where there was common ground . Specifically, the architects determined that the authorized space was insufficient to accommodate the Agencys functional requirements, and the parties needed to get approval from GSA for about 8000 more square feet of space. 72-73; GC Ex. 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. The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). . Thus, as with the April negotiations, the bargaining in November failed to satisfy the requirements of the Statute. 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. . 34. . OurRegional Offices investigate unfairlaborpractice charges, conduct union elections, provide training, and more. . Luther also stated that the Union would be contacting the FMCS for assistance. 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). 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. 138-39; GC Ex. As for whether the parties had reached impasse by the end of the April 23-24 bargaining session, Durkin stated that they had not, noting that neither party submitted last best offers or asserted they were at impasse. 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