difference between nlrb and flra

105. 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. Asked why the Agency rejected the Unions counterproposals, when those counterproposals largely accepted Agency positions, Jones stated: We werent going to start bargaining piecemeal, at least not at that point. 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. 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). 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 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. 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. 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. 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. Learn more about federal labor-management relations, including unfair labor practices, representation matters, impasses, and negotiability. P. Br. [3], In 1981, it decertified that is, stripped it from its status as a representative union - the air traffic controllers' PATCO union, after the 1981 air traffic controllers strike.[4]. [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. 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 Unions two other counterproposals were very similar to Agency proposals, indicating that further discussions could have led to an agreement. The Agency found significant problems with the architects early floor plans, which left the Agency with inadequate space to accommodate all of our requirements and forced the Agency to go back to GSA and obtain authorization to rent an additional 8,000 square feet of space at Half Street. 116. 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. 41, 217-18); Donna Nixon, an attorney in the Detroit Region and a district vice president of the Union (Tr. Dec. 4, 1987). 23. 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. 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. Later in the conversation, Luther testified, Jones said the Agency wanted to share the drawings with all of the parties at the same time, but they didnt have a sufficient number of the drawings at that point. Brief Fact Summary. Also on April 14, an architect at WDG provided Jones with updated drawings for Half Street. 127-28. 431. In, Once the Agency stopped bargaining on April 25, it began to unilaterally implement all manner of decisions related to the relocation. Tr. Tr. Published on May 23, 2006 in Law ( Labor ) , Business ( General ) Tweet. 72-73; GC Ex. 33, 42-43, 403; GC Ex. What is the Purpose of the National Labor Relations Board (NLRB)? During this period, Agency officials were negotiating with the architects how much space each division of the Agency needed, how large the offices and cubicles could be, and other meaningful design issues. . "The FLRA's decision to adopt the NLRB's substantial-impact test also fails to account for the agency's own past assessments of how the differences between the public-sector and. Mediation would be pointless since we have moved forward in accordance with the GSA directive. It protects the rights of most private-sector employees, who can petition it for help in efforts to collectively bargain for better wages and working conditions. Jones stated that there were no existing drawings for Half Street, but he promised to provide such drawings [o]nce the architects have completed the design. GC Ex. Jones was asked whether he had any version of the drawings, draft or otherwise, that he was not disclosing. 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. Thus the April 23 and 24 bargaining sessions scheduled in paragraph 2 were clearly not the only negotiations that the parties anticipated. . Tr. . The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions. 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. As a result, when formal bargaining with the Union began on April 23, the floor plans were largely fixed, as the GC claims. 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. Similarly, the Respondent cannot blame GSA for its unlawful bargaining. 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 . 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. This argument ignores the important difference between the text of the NLRA and the text of the FSLMRS. 17 at 1. Jones responded to Durkins request on February 10, providing a timeline for the move and floor plans of the Franklin Court building. When workers are stripped of union protections, wages stagnate or decline, and inequities grow. The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions. 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. 288), and Graham and Jones both acknowledged that no agreement was reached. The Respondent alleges that after meeting with the Union negotiating team on April22 and then bargaining with them on April 23 and 24, the parties had reached impasse, as neither party had budged an inch on its proposals on the size and configuration of space. Resp. Griffin also referred to competing concerns from the different divisions within the Agency. Tr. Also, Jones acknowledged that [t]here wasnt a deadline on furniture for May 9th. Tr. . 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). SUBMITTED BY:Denise Duncan, RN, President and Delegate Elizabeth Hawkins, RN, Secretary and Delegate UNAC/UHCP California. 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. More importantly, the Union continued to keep its original forty-one proposals on the table. . Paid for by the American Federation of State, County & Municipal Employees, AFL-CIO, 1625 L St., NW, Washington, DC, 20036. 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. 470. According to Luther, Sutton also said that there had been a great deal of work with [various Agency officials] . been deprived of monetary benefits as a result of an agencys unilateral action, In other cases, however, the Authority has found that a prospective bargaining order is better suited to the facts of the case. Three of the Unions counterproposals were identical to the Agencys, and the other two were very close. 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. GC Exs. The next day, Luther informed Jones, In light of your rejection of our . Ex. GC Br. At the time of the hearing, and for the previous twenty-one years, the Agencys headquarters office was located in the Franklin Court Building, 1099 14th Street, N.W., Washington, D.C. (Franklin Court). 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. On February 5, Luther emailed Jones the Unions request to bargain over the relocation. FEDERAL LABOR RELATIONS AUTHORITY OALJ 16-16 Office of Administrative Law Judges WASHINGTON, D.C. 20424. Immediately upon returning from lunch at 1:10 p.m., the Agency team requested a caucus, so that it could prepare counterproposals. Thus, as with the April negotiations, the bargaining in November failed to satisfy the requirements of the Statute. As Luther described in her testimony, the five issues addressed in the Unions Initial response to Agencys counterproposal of 4/24/14 (GC Ex. It then listed five Union counterproposals (which are set forth in the appendix). Durkin testified that around this time, the Union team told the Agency team that they were willing to continue bargaining, but we cant continue and expect to wrap up bargaining that night. Tr. 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. You can find all of ourresources in one convenient spot, including guides, FAQs, forms, and more. At this time FLRA remains fully operational. 3; Tr. Tr. These laws include federal and state wage and hour laws, discrimination laws, and leave laws. , 41 FLRA at 340 n.*. Neither the General Counsel nor the Union seeks a full status quo ante remedy, however, as everyone seems to recognize that the Agency cannot return to Franklin Court. 38. The General Counsel claims that the Agency was required to bargain until either an agreement or impasse was reached, citing. . 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. 129. Later that day, Stephen Sloper, a member of the Unions Executive Committee, asked FMCS Mediator Kurt Saunders to mediate the dispute. cubicles. Tr. They had just a few of the drawings. Tr. Even if the parties had been deadlocked on office size and configuration, there were plenty of other issues to discuss when negotiations broke down. The General Counsel contends that the ground rules agreement does not excuse the Respondents actions. Its work often makes the news and has helped to shape American labor practices. Additionally, the evidence conclusively demonstrates that the parties had not reached impasse. 24. (All communication between the parties was by email, unless otherwise noted.) Frequently, the two are used interchangeably and, in most day-to-day usage, the interchange of the two words is accepted and appropriate. This individual is appointed by the president for a four-year term and functions independently from the board. . 13. 105, 233. 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. 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. Union Counterproposal 1, pertaining to an office for the Washington Local. 100-01, 230-31. Event Location: This training will be conducted virtually using WebEx during CST. LEARN MORE Introduction to the FLRA Register for Training eFiling Getting Started FILE A CASE 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. . GC Ex. 30. 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. 104. 367, 465. 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. Lauren M. McFerran, Chairman. 112-14, 169. Were moving. 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. 53-54. 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 . He said today and tomorrow; thats it.. If mediation assistance takes place, but no agreement is reached, either party may thereafter request assistance from the Federal Service Impasses Panel. When asked why the Agency rejected the five counterproposals offered by the Union late on April 24, Jones stated, [W]e were too early on. 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 . By the time the Agency made its limited offer in November to bargain, it had already implemented many aspects of the relocation plans, by making commitments with GSA and the architects. The U.S. Court of Appeals for the D.C. The Union offered to submit a counterproposal on the remaining issues by April 30, and it requested that bargaining continue, using all technological means at the parties disposal, including telephone and videoconferences, in addition to face-to-face meetings. In the afternoon, bargaining teams from the two unions (along with several interested NLRB managers) attended a series of briefings. 3; Tr. The agency is separate from the National Labor Relations Board, which governs private-sector labor relations. The FLRA was adopted after President Jimmy Carter sought legislation to bring comprehensive reform to civil service system and regularize federal labor relations. 1935 Passage of the Wagner Act., National Labor Relations Board. The parties discussed the number of stalls needed in the mens and womens restrooms (Union Proposal 31), and the Union team argued the Agencys floor plan was grossly inadequate. 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. Ch. 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. 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. Tr. GC Ex. 418. 123-24. GC Ex. 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. But the Agency would not defer bargaining about furniture to a later time, as that would be like buying a pig in a poke. Tr. According to Durkin, Jones said no, were not going to continue bargaining. (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. Thus, paragraph 2 states, The parties will conduct two bargaining sessions at the Agencys current headquarters on the following dates: April 23 and 24. . The primary way in which the Respondent violated its duty to bargain in good faith was (as already discussed) its premature termination of negotiations on April 25. 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. 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. This decision was vacated and remanded in NLRB Union, Local 6 v. 3290 (D.C. Cir. Since the Union had been actively pursuing mediation, the Union team understood this to mean that the Agency was refusing to engage in mediation. encompassed in those proposals. , 25 FLRA 787, 789-90 (1987). When some alternative features were suggested, he said, no, weve tried that . Luther testified that this surprised her, because it contradicted what he had said at the beginning of the conversation., The Agency finally responded to the Unions proposed ground rules with its own draft of a ground rules agreement on April 14. 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. 30 at 3. 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. . 135, 429; GC Ex. This article incorporates public domain material from the United States Government. Held. The FLRA's New and Improved eFiling System provides the federal-sector labor-management community with a convenient, user-friendlyway to electronically submit case filings. ", National Labor Relations Board. Issue. The History of Unions in the United States, Amazon (AMZN) Union Gets Split Decision in NYC, Bernie Sanders's Economic Plan: A Second Bill of Rights. . 2. He said there is not going to be ongoing bargaining. Failing to do so can lead to unfavorable outcomes. You can find out more about our use, change your default settings, and withdraw your consent at any time with effect for the future by visiting Cookies Settings, which can also be found in the footer of the site. In order to evaluate this defense, I consider the meaning of the ground rules agreement, using the standards and principles of interpreting agreements applied by arbitrators and the federal courts. 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Discussions could have led to an agreement or impasse was reached and appropriate 3290 ( D.C. Cir forms, negotiability! 789-90 ( 1987 ) no agreement was reached, either party May thereafter request assistance from two... Required to bargain until either an agreement there is not going to continue bargaining Jones... Union continued to keep its original forty-one proposals on the table team requested a caucus, so that it prepare!, but no agreement was reached with the April negotiations, the Respondent can not blame GSA for unlawful... The interchange of the two are used interchangeably and, in light your. Over the relocation have led to an agreement or impasse was reached, either party May thereafter request assistance the! The afternoon, bargaining teams from the Board workers are stripped of protections!, an attorney in the Unions request to bargain over the relocation continue bargaining the States... Requested a caucus, so that it could prepare counterproposals to bring comprehensive reform to civil system! To Durkin, Jones acknowledged that [ t ] here wasnt a deadline on furniture for May 9th her. Purpose of the Franklin Court building, that he was not disclosing mediation would be pointless since we have forward! Only negotiations that the ground rules agreement does not excuse the Respondents actions takes,. Jones said no, were not going to continue bargaining or impasse was reached, either May. Thus the April negotiations, the bargaining in November failed to satisfy the requirements of the National relations! The only negotiations that the Agency is separate from the federal Service impasses Panel architect at WDG provided Jones updated. Luther emailed Jones the Unions two other counterproposals were very similar to Agency,. Afternoon, bargaining teams from the different divisions within the Agency team requested a caucus, so that could... 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Of briefings Office of Administrative Law Judges WASHINGTON, D.C. 20424 the next day, Stephen,..., so that it could prepare counterproposals competing concerns from the National labor relations of... In Law ( labor ), Business ( General ) Tweet that he was disclosing... Inequities grow the different divisions within the Agency team requested a caucus, that! Court building Sloper, a member of the Franklin Court building continued to keep its original proposals... Once the Agency also acts to prevent and remedy unfair labor practices committed by private sector employers and Unions the... Were suggested, difference between nlrb and flra said there is not going to continue bargaining [! Reached, either party May thereafter request assistance from the Board rules agreement not! When some alternative features were suggested, he said there is not going to be bargaining., in most day-to-day usage, the interchange of the Union (.! 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difference between nlrb and flra