The National Labor Relations Board (NLRB) is an independent federal agency created in 1935 and vested with the power to safeguard employees' rights to organize, engage with one another to seek better working conditions, choose whether or not to have a collective bargaining representative negotiate on their behalf with their employer, or refrain 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. GC Ex. Tr. Ex. . 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. Even if the parties had been deadlocked on office size and configuration, there were plenty of other issues to discuss when negotiations broke down. In sum, the parties could have engaged in productive discussions over the Unions proposals after April 24. Although both laws cover labor relations and rights, they . Jones replied that the design plans were the Agencys proposals. Where they mainly differ is in the portion of the workforce they serve. Tr. 278. 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. Accordingly, the parties should negotiate fully and in good faith on all issues relating to the impact and implementation of the move to Half Street. 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. While denying that it had floor plans of the existing offices, the Agency prevented Union officials from taking. 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. On the first day of the hearing, the GC moved to amend the complaint to allege, On April 25, 2014, and on May 15, 2014, the Respondent . 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. at 1, 5; The Respondent contends that it fulfilled its bargaining obligation under the Statute. According to its website, the NLRBs core duties are: The NLRB is a fairly small agency, with 26 regional offices dotted across the United States. 47 FLRA at326-27. The Union is most certainly willing to continue negotiations by any reasonable means . On March 14, Durkin proposed two consecutive days of face-to-face bargaining, to occur on April 16 and 17. at 41. The NLRB was given the power to resolve labor disputes through quasi-judicial proceedings and was assigned two principal functions: The National Labor Relations Act (NLRA) was amended by Congress several times, including in 1947 through the Taft-Hartley Act, in 1959 through the Landrum-Griffin Act, and in 1974 when the NLRB was given jurisdictional authority over nonprofit hospitals and nursing homes. Jt. President John F. Kennedy (Memorandum to the Heads of Agencies on Employee-Management Relations in the Federal Service, June 22, 1961). 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. FLRA vs. NLRB. 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. These issues could and should have been addressed by the parties through bargaining at subsequent times over the next several months, right up to the date the NLRB finally moved to Half Street. An agencys regulations may be attacked in two ways after the statute of limitations has expired. 16. If complete agreement is not reached after the conclusion of negotiations, either party may request mediation from the Federal Mediation and Conciliation Service (FMCS). . In its opening statement at the hearing, Respondents counsel similarly asserted that it had no further bargaining obligations regarding the relocation after it bargained on April 23 and 24. 126. ", National Labor Relations Board. The Union team also asked about furniture. The general counsel is responsible for supervising the NLRBs field offices and processing of cases as well as investigating and prosecuting unfair labor practices. An allegation of a procedural infirmity will not be heard outside of the statute of limitations period. Jones was asked whether he had any version of the drawings, draft or otherwise, that he was not disclosing. 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. The Union team attempted to see what the differences were between the Unions proposals and the Agencys counterproposals. . By mutual agreement, the parties may agree to additional dates for face-to-face bargaining. GC Ex. 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. Asked to explain why the Union team did not stay, Durkin stated: [W]e couldnt continue that evening. 17 at 1. The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). Tr. Case digests provide a brief synopsis of the most pertinent principles in merits decisions issued by the Authority. 30 at 3. The Agency refused to continue bargaining not because the parties had reached impasse, but because the agency believed it had satisfied its duty to bargain, a position I have already rejected. One member is appointed by the President to serve as chairman, chief executive officer, and chief administrative officer of the FLRA. 25. The GC and the Charging Party argue for a retroactive bargaining order, while the Respondent argues that a retroactive order would be inappropriate. All events occurring after April 25 are tainted by the Agencys termination of bargaining on that date, and all events after May 16 are similarly tainted by the Agencys refusal to join in mediation. 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. 112-14, 169. What We Do., National Labor Relations Board. 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. the judges discussion of the agencys duty to allow a reasonable time for the bargaining process to occur. This briefing concluded the days activities. Tr. But the agency told the union that no final decision had been made about the relocation, and indeed the relocation did not occur. What is the difference between NLRB and FLRA? , 41 FLRA at 340 n.*. However, on November 21, Jones advised the Union negotiating team that the Agency was in the process of finalizing its furniture order for the new building, and he invited the Union to participate in bargaining by telephone over any Union proposals concerning furniture on November 24. More information to follow. These activities are governed by a handful of federal and state laws, the most prominent being the National Labor Relations Act (NLRA). This isnt to say that there are no attorneys that are able to successfully practice both employment and labor law. FEDERAL LABOR RELATIONS AUTHORITY OALJ 16-16 Office of Administrative Law Judges WASHINGTON, D.C. 20424. , 50 FLRA 701, 704 (1995), it is clear that the relocation of NLRB headquarters from Franklin Court to Half Street would significantly change the conditions of employment for all employees. 274. 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. Fine, were obligated to bargain. . Theres a lot of technology out there that you can use for that sort of thing. Tr. 43 at 9, 23, 29, 36, 49), and others dated April 2 (. 300, 439-41. The Union team then met up with the remainder of the Agencys bargaining team. 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. Ex. According to Durkin, Jones said no, were not going to continue bargaining. The Board is supported by a General Counsel, who is also nominated by the President of the United States, with the advice and consent of the Senate, for a term of five years. 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. The General Counsel contends that the ground rules agreement does not excuse the Respondents actions. 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. , the agency must allow a reasonable time for the bargaining process to occur. Nonetheless, the union and the GCargued that the agency was obligated to begin bargaining once the relocation was contemplated., . During bargaining, Jones would be joined by Jessica Graham, Assistant Chief of the Space Management Section, Facilities Branch; Andrew Krafts, Deputy Chief Counsel to Member Nancy Schiffer; and Rachel Lennie, an Assistant General Counsel. Ithink the idea was we would exchange . . The Union team had not seen the entire Franklin Court facility the previous day, so the parties agreed to spend the morning continuing Tuesdays walk-through. 1(d). About 450people work at its headquarters office in Washington, D.C. Tr. WE WILL NOT, in any like or related manner, interfere with, restrain, or coerce bargaining unit employees in the exercise of the rights assured them by the Statute. And so we went through . . 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 . Bowen v. Michigan Academy of Family Physicians, Association of Data Processing Service Organizations, Inc. v. Camp, Clarke v. Securities Industry Association, FTC v. Standard Oil Company of California, Ohio Forestry Association, Inc. v. Sierra Club, NLRB Union v. Federal Labor Relations Authority, NLRB Union v. Federal Labor Relations Authority, 834 F.2d 191, 266 U.S. App. 366. 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. We cant continue meeting on these things. 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? . 12 at 1. at 7. to negotiate before a firm decision had been made to relocate.. 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. 2423.32. 32 at 1. 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. at 327. 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. The NLRA, otherwise known as the Wagner Act, is one of the most groundbreaking labor laws ever enacted in the United States. 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. 29, 30. Each has its own procedures and rules that if an attorney does not know could result catastrophic error. 335-36. Tr. Jones testified that his team tried to find areas where we could compromise[,] but he acknowledged that they did not provide specific counterproposals for each Union proposal. 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. GC Ex. 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. 233-34. Describing this part of the bargaining session, Durkin testified that it appeared that the design was fluid, and that changes were still being contemplated . Between April 29 and May 12, Union officials attempted to initiate mediation of the dispute with the FMCS. 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. 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. National Labor Relations Board. The boards job is to determine whether labor violations have occurred, while the general counsel acts as a supervisor and prosecutor. 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. 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. At this time FLRA remains fully operational. Union Counterproposal 1, pertaining to an office for the Washington Local. . The Union asked to submit its remaining counterproposals the following week, and to resume bargaining thereafter, since it had not had time to prepare a response on all issues. 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 National Labor Relations Act (NLRA) was passed in 1935 and later amended by the Labor Management Relations Act (LMRA), also known as the Taft-Hartley Act, in 1947. In response to the unions argument that excluding it from negotiations with the prospective landlord would prevent it from contributing to the important decisions affecting the relocation, the judge said: Since it is the responsibility of an agency seeking to make the change to insure that it has fulfilled its bargaining obligation before implementation . Watch free online FLRA trainings on our Youtube channel and dont forget to subscribe to receive updates on new videos. The FLRA is an independent administrative federal agency that administers the labor-management relations program for 2.1 million non-postal federal employees worldwide. . They were joined by Lennie, Abruzzo, and Robert Schiff, the Chairmans Chief of Staff. But this interpretation requires an emphasis on selective phrases in the agreement, at the expense of its context. 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. Luther also provided Jones with proposed ground rules for the negotiations. 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. 3; Tr. AFSCME will also encourage elected officials at all levels to commit to allowing workers to freely choose unions by using voluntary recognition, expedited elections and neutrality agreements; and. The Federal Labor Relations Authority (FLRA) has a similar mandate to the NLRB. Concurrence. The caucus lasted from approximately 1:15 to 4:00 p.m., at which time the Agency transmitted a list of twenty-three counterproposals to the Union by email. Griffin acknowledged that that was a problem . The Board is composed of 3 members, nominated by the President of the United States, with the advice and consent of the Senate, for a term of 5 years. Mediation would be pointless since we have moved forward in accordance with the GSA directive. 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. (c) In addition to physical posting of paper notices, the Notice shall be distributed electronically, such as by email, posting on an intranet or internet site, or other electronic means, if the Agency customarily communicates with employees by such means. 96-97. Jones responded to Durkins request on February 10, providing a timeline for the move and floor plans of the Franklin Court building. 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. 34. . 367; On May 13, FMCS Mediator Saunders emailed the Union, saying that he had discussed the Unions mediation request with the Agency, but that there was no mutual agreement to mediate. GC Ex. 431. Conduct Elections The key question is whether additional bargaining (in which the good faith of both parties is presumed) might produce an agreement. The Agencys chief negotiator asserted frequently during the bargaining sessions, and again at the hearing, that because the ground rules agreement specified that bargaining would occur on April 23 and 24, the Agency was entitled to stop bargaining after April 24, without regard to whether the parties had bargained to agreement or impasse, and without regard to whether further changes in conditions of employment occurred after April 25. The Agency would have offices on the third through sixth floors. It is their duty, when called upon, to hear labor disputes and resolve them through quasi-judicial proceedings. 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