5 C.F.R. 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. The Union is a labor organization within the meaning of 7103(a)(4) of the Statute and is the exclusive representative of two bargaining units of the Respondents employees. 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 . They were joined by Lennie, Abruzzo, and Robert Schiff, the Chairmans Chief of Staff. In other words, the Agency left the Union (actually two unions) in the dark and delayed bargaining with them until the eleventh hour, and then claimed that its hands were tied by GSA, so that negotiations had to be concluded in an unreasonably short period of time. The FLRAs one-stop shop for all things training with upcoming in-person events near you, YouTube videos, agency training contacts and more. 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 Authority viewed the applicable "law" to be the "management rights" provision under section 7106 of the FSLMRS. Shortly after Jones sent his email, the Union and Agency teams met briefly to gather their things and leave. The teams made it through about thirty of the Unions proposals before breaking for lunch. One example of such a proposal was Union Proposal 36, requiring bargaining over furniture at a later time. . Notwithstanding the lack of drawings, Jones and Durkin began on March 12 to discuss ground rules and potential dates for negotiations. When asked at the hearing whether the Agency had made decisions with regard to furniture at the time of the April negotiations, Jones said, No. Tr. Of those, Union Counterproposals 2 (ergonomic chairs), 3 (lockable storage), and 5 (storing paper and toner) were identical to Agency Counterproposals 13, 15, and 21, respectively. 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. View the legislative history of the Federal Service Labor-ManagementRelations Statute, the Civil Service Reform Act, andthe Foreign Service Act. It didnt have to be face-to-face. 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. 13. We were quite exhausted. 117. . 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. Although it kept the Space Advisory Committee apprised of what was happening with the construction and allowed the committee members to express their opinions at certain times, many of the committee members were not part of the Unions bargaining unit, and this process was not bargaining. 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. It is their duty, when called upon, to hear labor disputes and resolve them through quasi-judicial proceedings. 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. Tr. With regard to the effect of the relocation on bargaining unit employees, it was undisputed that approximately 450 NLRB employees (including approximately 62 members of the NLRBU bargaining unit) would be required to work in a new building location in a different area of the city. The Agency would have offices on the third through sixth floors. 104. 14 at 3. The FLRA initially decided that disclosure was "prohibited by law" under 7114 (b) (4). Labor Union: Definition, History, and Examples. The list of these laws is long and growing. If complete agreement is not reached after the conclusion of negotiations, either party may request mediation from the Federal Mediation and Conciliation Service (FMCS). 32, 264. We cant continue meeting on these things. A few days later, the Union tried to initiate mediation of the dispute, but the Agency refused to participate. 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. Tr. Synopsis of Rule of Law. .. 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. 148-49, 168. Each year, a new board member is appointed by the president, with the blessing of the Senate, for a five-year term. 2023 American Federation of State, County and Municipal Employees, AFLCIO, 43rd International Convention - Boston, MA (2018). 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. In this regard, the GC asserts that there was no clear and unmistakable waiver of the Unions right to bargain to agreement or impasse. Daniel Liberto is a journalist with over 10 years of experience working with publications such as the Financial Times, The Independent, and Investors Chronicle. . 1(c). But the agency told the union that no final decision had been made about the relocation, and indeed the relocation did not occur. Tr. National Labor Relations Board. During this time period, the Agencys Facilities Department was engaged in numerous communications with the WDG architects regarding the drawings. Further, almost half of the Unions original proposals (the same sixteen that I enumerated above) were not tied to the May 9 deadline. Based on the foregoing, I conclude that the ground rules agreement did not justify the Respondents decision to end bargaining prior to reaching agreement or impasse. None. 33, 42-43, 403; GC Ex. 3290 (D.C. Cir. . GC Ex. . 72-73; GC Ex. The Union is most certainly willing to continue negotiations by any reasonable means . Despite significant differences between the parties' proposed telework arrangements, both parties identified maximizing telework opportunities for bargaining unit employees as a primary interest. Its mission, in short, is to allow private-sector employees working for companies that do business across state lines to join forces and engage in activities such as protests or strikes with or without a union. 134. 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. Tr. Since its inception in 1935, the NLRB has successfully defended the rights of private-sector employees across all types of industries. The NLRB has two principal functions: protect employees from unfair treatment from employers, unions, or both, and give employees the freedom to choose union representation via secret ballot elections. 318. That AFSCME reaffirms our commitment to lead the battle to fight for a National Labor Relations Board and a Federal Labor Relations Authority which supports workers rights. 12 at 1. The Union team then met up with the remainder of the Agencys bargaining team. 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. Tr. GC Br. 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. . Theres a lot of technology out there that you can use for that sort of thing. Tr. More importantly, the Union continued to keep its original forty-one proposals on the table. 37 at 2. What Is the Difference Between the National Labor Relations Board (NLRB) and the Federal Labor Relations Authority (FLRA)? . 236. Luther also provided Jones with proposed ground rules for the negotiations. 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 . 24. In a similar context, the judge in, The Respondent argues that negotiations were deadlocked because the Unions proposals focused almost entirely on the maintenance of the size of current office space and configuration[,] the Agency rejected the Unions proposals on these issues, and neither side altered its position. When you visit the site, Dotdash Meredith and its partners may store or retrieve information on your browser, mostly in the form of cookies. These laws include federal and state wage and hour laws, discrimination laws, and leave laws. Describing this part of the bargaining session, Durkin testified that it appeared that the design was fluid, and that changes were still being contemplated . Featherbedding describes an unlawful practice of forcing employers to increase labor costs, such as hiring unnecessary workers. GC Ex. And, without strong enforcement of labor laws, unions cannot effectively function. 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. Accordingly, the evidence does not support the notion that in negotiating the ground rules, the Union made a conscious choice, after a full discussion of the issue, to establish a strict time limit of April 24 for negotiations. The April 23 session ended at that point; the parties left it that we disagree[] as to whether bargaining would continue beyond the next day. 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. 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. Durkin testified at the hearing that she had already requested much of this information, but had not received it, in earlier requests. 10. Labor Board Calls for Revote at Amazon Warehouse in Alabama in Major Victory for Union., National Labor Relations Board. 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. As part of this process, the Agency established the Space Advisory Committee around November 2012. Sotomayors Baseball Ruling Lingers, 14 Years Later., The Washington Post. The Union team also asked about furniture. David M. Prouty. . 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. According to Luther, Sutton also said that there had been a great deal of work with [various Agency officials] . Tr. 32-33. 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. The Union stands ready and willing to continue good faith bargaining regarding the HQ relocation at mutually agreeable future times and dates. 3 at 1. National Labor Relations Act., National Labor Relations Board. . GC Ex. Accordingly, I recommend that the Authority adopt the following Order: Pursuant to 2423.41(c) of the Rules and Regulations of the Authority and 7118 of the Federal Service Labor-Management Relations Statute (theStatute), the National Labor Relations Board (the Agency) shall: (a) Terminating bargaining over the relocation of its headquarters office prior to reaching an agreement or prior to reaching an impasse with the National Labor Relations Board Union (the Union). Tr. (a) 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. Upon, to hear labor disputes and resolve them through quasi-judicial proceedings Senate, for five-year... Jones with proposed ground rules for the negotiations legislative history of the dispute, had. The president, with the WDG architects regarding the HQ relocation at mutually agreeable times! 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