. GC Ex. Giving employees the freedom to decide whether they want union representation and, if yes, by which union by conducting secret ballot elections. The U.S. Court of Appeals for the D.C. and agreed to get it to us as soon as he was able to. Tr. Hiro Isogai, a designer at WDG, showed slides of each floors layout, explained their details, and answered questions. 233-34. 1(a). She also asked for any and all documents showing, for each bargaining unit employee as of July 1, 2013, the square footage, whether by office, workstation, by cubicle or by work area allocated to each particular employee, among other things. 3290 (D.C. Cir. This Notice must remain posted for sixty (60) consecutive days from the date of posting and must not be altered, defaced, or covered by any other material. The Authority has held on a number of occasions that after an agency has unilaterally implemented changes in conditions of employment, subsequent offers to bargain over the changes do not cure the statutory violation, and post-implementation actions are irrelevant. . . These activities are governed by a handful of federal and state laws, the most prominent being the National Labor Relations Act (NLRA). The Board. However, it is my experience that this is the exception and not the rule. at 12, 14. . Similarly, it is apparent that the parties were a few short conversations away from reaching agreement on the issue of an additional nursing room; Jones himself admitted that the parties were still in the early stages of bargaining when the Agency left the table. GC Ex. 23 at 11-12, 15-16, 27-32), and some were dated April 11 (. 25. 3; Tr. 182-86; GC Ex. 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. Tr. GSA signed a lease on behalf of the Agency, on January 29, 2014. for the Agencys new headquarters space, located in a newly constructed building at 1015 Half Street, S.E., Washington, D.C. (Half Street). The Agencys counterproposals, presented to the Union late on April 24, addressed some of these non-size-related issues, and the Unions response two hours later laid out compromises on five of them and promised to submit others within a week. Employee Relations and Labour Relations are different, but with significant overlap, in principle, to ensure greatest success within any organization. FEDERAL LABOR RELATIONS AUTHORITY OALJ 16-16 Office of Administrative Law Judges WASHINGTON, D.C. 20424. The Respondent has the burden of proving any affirmative defenses. and we explicitly request continued bargaining. What is the difference between NLRB and FLRA? 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. . 72-73; GC Ex. This argument ignores the important difference between the text of the NLRA and the text of the FSLMRS. bargaining sessions on April 23 and 24, and it further provided that [b]y mutual agreement, the parties may agree to additional dates for face-to-face bargaining. GC Ex. Issue. 17 at 1. WE WILL upon request, negotiate in good faith with the Union concerning the relocation of Agency headquarters to the extent required by the Statute, including participating in mediation under the auspices of the Federal Mediation and Conciliation Service, if requested by either party, and if requested and necessary to implement the results of any agreement reached or resolution imposed by the Federal Service Impasses Panel, replace or substitute any features located within the new headquarters building that are subject to bargaining under the Statute. D.C. 165, 126 L.R.R.M. Tr. National Labor Relations Board. According to Durkin, Abruzzo stated that the project was up to $20 million over budget and that the more delay there is, the more this will cost. Tr. 431. ssues. As we said several times throughout the course of the day, we were willing to work late last evening in an attempt to reach an agreement, or narrow the issues, but the Union team was unwilling to continue beyond 6:30. at 30. 51 at 7. Another union, the National Labor Relations Board Professional Association (the Professional Association), represents about 120 employees at headquarters. 42 at 1. Finally, it should be emphasized, as the Authority did in. Indeed, it appears that the ground rules were hammered out entirely by exchange of email, rather than by telephone or face-to-face discussions. Tr. Since seven months went by after that declaration, with no negotiations, the Agencys limited offer to bargain in November was far too little, and extremely late. The NLRB has no independent statutory power to enforce its decisions and orders, but it may seek enforcement through a U.S. court of appeals. The document began, The Union has not had sufficient time to create a complete counterproposal to the Agencys counterproposal of 4/24/14. 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. 30-31, 215-16); Lisabeth Luther, a compliance officer based in the Indianapolis Regional Office (Tr. Similarly, when Jones was asked whether the Union gave any oral supplementation to its counterproposals, he stated: I dont really recall. In, Once the Agency stopped bargaining on April 25, it began to unilaterally implement all manner of decisions related to the relocation. 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.. The parties had only begun to discuss the many issues on the table, neither side had submitted a full range of counterproposals, and the Agency inexplicably refused even to attempt mediation. Nonetheless, their disagreement about the meaning of paragraph 2 of the ground rules agreement became evident almost immediately. The FLRA claimed that judicial review was barred by the sixty day statute of limitations. David M. Prouty. GC Ex. , 25 FLRA 787, 789-90 (1987). . . Tr. Employment Law Research: What you should know about SEO, Minimum Wage: The difference between Federal and State laws, State Laws Federal Laws Topics Articles Resources, Pregnant Women: How to Create a Healthy Work Environment, New Job in Florida? After lunch, the Union team met with Graham to ask her questions about the design plans. . Tr. On Friday afternoon, November 21, Jones informed the Union that that the Agency was finalizing its furniture order for Half Street. In other words, the paragraph simply specified the dates on which bargaining would be conducted. What is the difference between NLRB and FLRA? 4 at 9. 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. FLRA, 39 F.3d 361 (CADC 1994); Defense . 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. 135, 429; GC Ex. 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. Organized Labor - Defining Unions and Collective Bargaining, Impact of the NLRB on Professional Sports, Sotomayors Baseball Ruling Lingers, 14 Years Later, Labor Board Calls for Revote at Amazon Warehouse in Alabama in Major Victory for Union. 14 at 3. A right-to-work law gives workers the freedom to choose whether or not to join a union in their workplaces. Ex. About 450people work at its headquarters office in Washington, D.C. Tr. . In the afternoon, bargaining teams from the two unions (along with several interested NLRB managers) attended a series of briefings. 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 answering that question, it is important to evaluate whether the parties have thoroughly discussed the disputed issues and all ways of reaching a compromise on those issues. 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. . 106. The chart below details steps in the unfair labor practice process. Woodcock testified that Griffin started out by discussing . By terminating negotiations before the Union had a chance to submit a full set of counterproposals, the Agency undercut its claim that negotiations were at an impasse. . 25 at 5, 7. 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. The participation of employees in the formulation and implementation of employee policy and procedures affecting them contributes to the effective conduct of public business. It makes no sense for the Agency to use the ground rules to declare that bargaining was over, when those very ground rules enabled either party to initiate mediation. The NLRB continues to be in the news. 47 FLRA at326-27. 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. The Agency would have offices on the third through sixth floors. Sotomayors Baseball Ruling Lingers, 14 Years Later., The Washington Post. Tr. GC Ex. 45. The main dispute is what effect should be given to those terms on which the parties reach agreement: specifically, should they be effectuated retroactively or only prospectively? GC Ex. One member is appointed by the President to serve as chairman, chief executive officer, and chief administrative officer of the FLRA. Annual Subscription ($175 / Year). Around this time, an architecture firm, WDG, was selected to design the interior space at Half Street. With regard to whether the ground rules agreement limited bargaining to April 23-24, Jones testified that he removed the word initial from the Unions proposed ground rules, stating, I wanted people to understand . These include white papers, government data, original reporting, and interviews with industry experts. Synopsis of Rule of Law. Case digests provide a brief synopsis of the most pertinent principles in merits decisions issued by the Authority. Introduction to the FLRA.. On May 10, Graham submitted the Agencys revised floor plan drawings to GSA, with its comments regarding suggested changes. 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. 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. 221. Were not withholding any information. Tr. (All communication between the parties was by email, unless otherwise noted.) 324. When parties agree to language that expressly waives the statutory right to bargain, the Authority will find that such language constitutes a waiver.. encompassed in those proposals. Larry Sutton, the GSA representative on the project, spoke next. 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. However, in an attempt to reach an agreement or at least narrow the issues, the Agency offered to continue bargaining into the night. 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. means. The NLRA, otherwise known as the Wagner Act, is one of the most groundbreaking labor laws ever enacted in the United States. 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 . Specializing is necessary for attorneys because each area of law, as well as the laws within that area, can be substantively and procedurally very different. Also on April 14, an architect at WDG provided Jones with updated drawings for Half Street. If the parties had truly intended to establish a fixed time period for the negotiation of all issues related to the Agencys relocation, it could have done so, simply by stating that April 24 would be the last day for bargaining and by further specifying a fixed period for engaging in mediation and invoking FSIP assistance. Jones replied, Not on April 10th. 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. NLRB, the National Labor Relations Board, is an independent federal agency vested with the ability to safeguard employees' rights to organize and to determine whether to have unions as their bargaining representative. This is an unfair labor practice (ULP) proceeding under the Federal Service. Tr. GC Ex. Labor Board Calls for Revote at Amazon Warehouse in Alabama in Major Victory for Union., National Labor Relations Board. About 450 people work at its headquarters office in Washington, D.C. Tr. 335-36. Labor-Management Relations Statute, Chapter 71 of Title 5 of the U.S. Code, 5 U.S.C. Ex. 10. . . 47 at 1. 322.) As part of this process, the Agency established the Space Advisory Committee around November 2012. We didnt get them I didnt get them till April 14th, when Troy Crayton passed them out to everyone. Tr. 96-97. , the agency must allow a reasonable time for the bargaining process to occur. We were quite exhausted. President John F. Kennedy (Memorandum to the Heads of Agencies on Employee-Management Relations in the Federal Service, June 22, 1961). If there came a point where we could starting initialing off on things, then we would have done that, but we were too early on. Three of the Unions counterproposals were identical to the Agencys, and the other two were very close. 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. 30 at 3. We certainly would have done that. Tr. 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. 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. OurRegional Offices investigate unfairlaborpractice charges, conduct union elections, provide training, and more. Tr. Notwithstanding the lack of drawings, Jones and Durkin began on March 12 to discuss ground rules and potential dates for negotiations. Tr. The GC and the Charging Party argue for a retroactive bargaining order, while the Respondent argues that a retroactive order would be inappropriate. 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. adopts similar guidelines in concluding that no impasse had been reached: among the factors cited were that neither party had actually declared an impasse; the parties had modified their proposals and demonstrated a responsiveness to the bargaining process; and the parties had not yet had a reasonable opportunity to invoke the processes of FSIP. 42FLRA at 1279-80. Many of these proposals were not related to the size of individual offices or cubicles, and indeed the Agency itself had no way of properly or knowledgeably negotiating many of these subjects (such as the height of cubicle walls, frosting on glass, and options for furniture, flooring, and walls) in April or May. A petitioners claim that a regulation suffers a substantive deficiency other than lack of statutory authority can be heard on appeal after an agency denies the petition, but the review is limited to the narrow issues defined by the denial of the petition. . 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). . . GC Exs. 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