129. 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. 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. 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. 12 at 1. 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. We also reference original research from other reputable publishers where appropriate. When workers are stripped of union protections, wages stagnate or decline, and inequities grow. . The Union declined to stay beyond 6:30 p.m., and the Agency declared that negotiations were terminated. 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. 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. 32 at 1. 13. 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. Some of the drawings were dated April 9 (GC Ex. Jones also stated that he was relying on Crayton and Graham to provide him the drawings. Lauren M. McFerran, Chairman. Indeed, it appears that the ground rules were hammered out entirely by exchange of email, rather than by telephone or face-to-face discussions. This is part of an ongoing debate about whether student athletes are in fact employees of universities and should be protected as such. Employee Relations and Labour Relations are different, but with significant overlap, in principle, to ensure greatest success within any organization. Event Location: This training will be conducted virtually using WebEx during CST. the advantage conferred by the privilege to retain or waive its right to retroactive application of bargaining terms. 856 F.2d at 299. 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. 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. D.C. 165, 126 L.R.R.M. 123-24. Tr. 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. LEXIS 15827, 266 U.S. App. 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. 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. In determining the meaning of an agreement, it is appropriate to consider whether (asthe Agency insists here) the agreement constitutes a waiver of a statutory right to bargain. On May 19, the Union filed the ULP charge. Should those rights not be respected and lead to unfair treatment, its the NLRBs job to investigate and, if necessary, take action. On January 31, the Union informed the Agency that it had assembled a team to bargain over the move. Without unions, pension and health care benefits deteriorate and workers' interests in safe and healthy workplaces and in stable employment go unheard and unheeded by employers and by the government alike. 23 at 11-12, 15-16, 27-32), and some were dated April 11 (. The obligation to bargain over a relocation arises when a lease is signed (if not earlier) and the union requests to bargain. With regard to the drawings, Jones stated, We have not yet received the final drawings from the architect.. But since this is the agencys problem and not the unions, the union often has only a more or less passive interest in how the agency arranges to fulfill its obligation as long as it does fulfill it. Between April 29 and May 12, Union officials attempted to initiate mediation of the dispute with the FMCS. The General Counsel contends that the ground rules agreement does not excuse the Respondents actions. The NLRB cannot open cases on its own. 32, 264. In, Once the Agency stopped bargaining on April 25, it began to unilaterally implement all manner of decisions related to the relocation. In setting forth the distinction, Ill start with labor laws because they represent a much narrower area of law than employment laws. These activities are governed by a handful of federal and state laws, the most prominent being the National Labor Relations Act (NLRA). The Union told Jones that there were a number of ways to bargain. Durkin replied that we anticipate continuing bargaining, and that the Union was focusing here now on time sensitive issues like the size of offices, but we anticipate bargaining over these things into the future. Tr. as a full agreement. GC Ex. If mediation assistance takes place, but no agreement is reached, either party may thereafter request assistance from the Federal Service Impasses Panel. GC Ex. Even if the parties had been deadlocked on office size and configuration, there were plenty of other issues to discuss when negotiations broke down. Tr. 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. 32 at 1. Upon receipt of such forms, they shall be signed by the General Counsel and the Chairman of the National Labor Relations Board, and shall be posted and maintained for sixty (60) consecutive days thereafter, in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted, nationwide. Tr. This article incorporates public domain material from the United States Government. [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. 233-34. The Respondent contends that if a violation is found, retroactive relief, including a retroactive bargaining order, would be inappropriate. 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. 14 at 3. . Tr. On its 80th anniversary, celebrated in 2015, the NLRB reported that more than 90% of the cases it receives are dealt with by its regional offices without requiring the board to intervene with formal litigation. 34. to be incorporated into the final Design Intent Drawings by May 9. GC Ex. Tr. 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. How does my legal medical marijuana drug test affect my pre-employment and Dos and Donts of Writing a Warning Letter to an Employee, Salaried-Exempt Employees and Paid Vacation Leave. , retain . 278. Jones asked Durkin and Luther not to, saying, You agreed to a visual inspection and thats what we expect this to be. Tr. 115-16. One example of such a proposal was Union Proposal 36, requiring bargaining over furniture at a later time. On the morning of Tuesday, April 22, the Union bargaining team, and Jones, Graham, and Lennie, toured Half Street, whose interiors were still mostly empty. 470. 6. The two had similar exchanges on March 10 and 24. 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. 4 at 9. GC Ex. Teams Virtual Training 10am - 12:00pm EST, Teams Virtual Training 11:00am - 12:00pm EST, U.S. Forest Service, Collbran Job Corps Civilian, Conservation Center, Collbran, CO (Agency) and National Federation of Federal Employees, IAMAW, AFL-CIO (Petitioner/Labor Organization), American Federation of Government Employees, Local 1858 (Union) and United States Department of the Arrmy, Redstone Arsenal, Alabama (Agency), National Treasury Employees Union (Union) and United States Department of Agriculture, Food and Nutrition Service (Agency), Collaboration and Alternative Dispute Resolution Office (CADRO), Archival Decisions, Legislative History, & Foreign Service Decisions, Meetings under the Statute, Investigatory Examinations, Formal Discussions, Bypasses, Susan Tsui Grundmann Designated FLRA Chairman, The FLRA Proposes Revising Its Regulations, and Revoking a Related Policy Statement, Concerning the Revocation of Written Assignments for the Payment of Union Dues, The FLRA Releases Training Video on Labor Management Forums, The FLRA and its Recognized Union of Authority Employees Reestablish Internal Labor-Management Forum, FLRA Invites Customer Input on Representation Issue, FLRA Swears in Member Susan Tsui Grundmann. Resp. Concurrence. The Authority viewed the applicable "law" to be the "management rights" provision under section 7106 of the FSLMRS. for commenting on the design drawings for Half Street. This isnt to say that there are no attorneys that are able to successfully practice both employment and labor law. OurRegional Offices investigate unfairlaborpractice charges, conduct union elections, provide training, and more. 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. High-profile cases in which the NLRB has been involved include when it helped to end a baseball strike that culminated in the 1994 playoffs and World Series being canceled. 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. By contrast, Jones testified that it was never contemplated that we would do this any other way than face-to-face. Tr. 431. 162, 250, 285-86, 349-52, 474, 477; GC Ex. While private-sector employees are entitled to collectively bargain . Jt. 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. 10. Unfortunately, the record developed by the parties is far from ideal, making choosing between Presence with a Purpose and the 8-2 schedule difficult. . 106-07. Thus, as with the April negotiations, the bargaining in November failed to satisfy the requirements of the Statute. As an attorney, I am often asked what the difference is between employment law and labor law. . 469. . 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. The NLRB continues to be in the news. . things that we could agree on. Tr. 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. At the Agencys headquarters, the Union represents about sixty-two employees. 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. 52. Donna Nixon was scheduled to be on a flight that night. 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. The chart below details steps in the unfair labor practice process. The Railway Labor Act (RLA) was passed by Congress 9 years before the National Labor Relations Act (NLRA): 1926 and 1935 respectively. . On April 10, the three of them discussed these issues over the phone. As for further bargaining, the Union stated that it was. The Union team then met up with the remainder of the Agencys bargaining team. GC Ex. 233), and officials of both unions asked that they be given copies of the exercises that had been done, so that the unions could evaluate the feasibility of different alternatives. However, we are willing to tentatively agree to the following parts of the Agencys counterproposal, with the following changes. GC Ex. 53-54. . 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. 1(a). We dont intend to waste our time, and that of a mediator, to engage in a useless undertaking.. Fourth, the parties were close to agreement on a number of issues. . Tr. 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. On May 16, Jones advised the Union that mediation would be pointless[,] since we have moved forward in accordance with the GSAdirective. GC Ex. 14 at 3. Ex. Third, the Agency failed to respond in writing to all of the Unions proposals, including the Unions proposal on furniture (Proposal 36). Then the Agency advised the Union that GSA was forcing them to finalize all prospective changes to the floor plans within a matter of days. 236, 238. First, on the morning of April 24, the Agency revealed that it lacked information on, and had not made decisions about, issues pertaining to frosted glass (Union Proposal 14), cubicle height (Proposal 20), task lighting (Proposal 24), coat hooks (Proposal 28), and furniture (Proposal 36). 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. Jones, by contrast, testified that the parties reached impasse on April 24, [w]hen the Union got up and walked out. Tr. Brief Fact Summary. The court has distinguished three types of challenges on appeal. . Finally, the GC requests a nationwide posting. Let us know what you think about our new and improved website by emailing us at EngagetheFLRA@flra.gov. The agency is separate from the National Labor Relations Board, which governs private-sector labor relations. full proposals. SUBMITTED BY:Denise Duncan, RN, President and Delegate Elizabeth Hawkins, RN, Secretary and Delegate UNAC/UHCP California. . 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 . 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. Declaring an impasse is significant, because it communicates to the opposing side that the time for invoking impasse procedures has arrived. 43-44, 323, 404; GC Ex. means. Around this time, an architecture firm, WDG, was selected to design the interior space at Half Street. The Federal Labor Relations Authority has found that the National Labor Relations Board violated the Federal Service Labor-Management Relations Statute (the Statute), and has ordered us to post and abide by this notice: WE WILL NOT terminate bargaining over the relocation of our headquarters offices in Washington, D.C., prior to reaching an agreement or prior to reaching an impasse with the National Labor Relations Board Union (the Union). Where they mainly differ is in the portion of the workforce they serve. 37 at 2. Accordingly, the relocation process and its accompanying deadlines did not excuse the Respondents refusal to continue bargaining between April 25 and May 9 or thereafter. 471. Case digests provide a brief synopsis of the most pertinent principles in merits decisions issued by the Authority. Ithink the idea was we would exchange . cubicles. Asked to explain why the Union team did not stay, Durkin stated: [W]e couldnt continue that evening. 91. 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. 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. . 127-28. 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 certainly does not change the fact that the Respondent had already violated its statutory duty to bargain. 126-28. What Is the National Labor Relations Board (NLRB)? 126. 2. The Agency could not sincerely claim that the parties were at impasse until they had engaged in full-fledged negotiations over those additional counterproposals. Jt. As the judge noted in, There are a number of signs indicating that the parties were still in the early stages of bargaining when the Agency walked away from the table. As for whether the parties discussed the issue of furniture, Jones stated, When we walked through the initial proposals of the Union . . In accordance with directives from the General Services Administration (GSA), the Agency was authorized to lease no more than 155,000 rentable square feet of office space, nearly a 40% reduction from the 247,219 square feet it leased at Franklin Court. 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 . 25. 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. 112-14, 169. GC Exs. Tr. 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. In response to an inquiry about the Unions recent information request, Jones told the Union team: Once again, I want to make our position clear that we have fulfilled our obligation to bargain over the effects of the headquarters relocation under both the Statute and the ground rules agreement. 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. 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)a landmark piece of legislation designed to protect the rights of most private-sector employees to collectively bargain for better wages and working conditions with or without the help of a labor union. The Agency denied the request, insisting that the ground rules limited bargaining to two days. My reaction to this was that we rejected this because it wasnt a comprehensive proposal. Tr. 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. Issue. In light of the fact that the bargaining offers were made in the midst of trilateral settlement negotiations, and that the Respondent was unwilling to settle the underlying ULP complaint against it, the offers were inadequate, using the NLRBs own case precedent as a benchmark. Jones also acknowledged on the morning of April 25 that there was more bargaining for the parties to do, when he faulted the Union for ending talks at 6:30 p.m. Tr. GC Ex. 105, 233. 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