In other words, the paragraph simply specified the dates on which bargaining would be conducted. 42 at 1. Yet on May 10, Agency officials submitted final comments on the floor plans to GSA and the architects, which paved the way for construction of the new offices to begin; and in subsequent months the Agency made other decisions on structural and design aspects of Half Street without negotiating with the Union. The NLRB works mainly with the private sector; the NLRB administers the National Labor Relations Act through conducting elections to determine if employees want union representation in addition to investigating and remedying unfair labor practices by employers and unions (United States Department of Labor, n.d.). 220. After investigating the charge, the Regional Director of the FLRAs Chicago Region issued a Complaint and Notice of Hearing on January 12, 2015, on behalf of the FLRAs General Counsel (GC), alleging that, On May 15, 2014, the R. espondent . at 327. Federal Labor Relations Authority", "Patco Decertification Vote Is Switched From 2-1 to 3-0", "Biden Names Acting FLRA General Counsel, Ending Critical Trump Era Vacancy", "Biden picks 2 officials for federal labor office with a case backlog", https://en.wikipedia.org/w/index.php?title=Federal_Labor_Relations_Authority&oldid=1141357105, This page was last edited on 24 February 2023, at 17:23. The architects finalized design intent drawings in August. The FLRA claimed that judicial review was barred by the sixty day statute of limitations. 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. While the NLRA governs labor relations for most private sector employers, it specifically excludes employers covered under the Railway Labor Act ("RLA") the earlier federal statute enacted to avoid interruptions to interstate commerce and transportation via rail or air. Annual Subscription ($175 / Year). Jones responded to Durkins request on February 10, providing a timeline for the move and floor plans of the Franklin Court building. Where they mainly differ is in the portion of the workforce they serve. As an attorney, I am often asked what the difference is between employment law and labor law. Tr. cubicles. 33, 35. 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. The obligation to bargain over a relocation arises when a lease is signed (if not earlier) and the union requests to bargain. Event Location: This training will be conducted virtually using WebEx during CST. What Is the Difference Between the National Labor Relations Board (NLRB) and the Federal Labor Relations Authority (FLRA)? Were moving. Also, Jones acknowledged that [t]here wasnt a deadline on furniture for May 9th. Tr. 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. the judges discussion of the agencys duty to allow a reasonable time for the bargaining process to occur. And then Harry Jones turns around and emails and suggests that we werent willing to continue bargaining, and suggested that our ground rules agreement somehow limited bargaining to those two days, which we disagreed with. Tr. Ch. willing to continue bargaining regarding the headquarters relocation by various means, including but not limited to face-to-face bargaining, telephonic bargaining, email and video conferencing. Finally, the GC submits that the Respondents [h]alf-hearted, delayed (by months) and qualified bargaining offers in November 2014 and January 2015 did not cure its previous refusals to bargain. Nonetheless, the union and the GCargued that the agency was obligated to begin bargaining once the relocation was contemplated., . Nor should it be construed . When workers are stripped of union protections, wages stagnate or decline, and inequities grow. 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. . You can learn more about the standards we follow in producing accurate, unbiased content in our. 413. This is just one of a series of examples of the kind of power that the NLRB possesses. 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. Frequently, the two are used interchangeably and, in most day-to-day usage, the interchange of the two words is accepted and appropriate. Tr. Thus, as with the April negotiations, the bargaining in November failed to satisfy the requirements of the Statute. , Tr. We cant continue meeting on these things. 29, 30. 32, 264. 2. The agreement provided, in pertinent part: 2. The National Labor Relations Board is a federal agency that enforces the National Labor Relations Act. . Thus the November teleconference cannot truly be considered pre-implementation. As with many of the decisions made between the Respondent and the architects in February and March, the Respondent had already narrowed the Unions ability to negotiate to a significant extent. 5. D.C. 165, 126 L.R.R.M. GC Ex. Discussion. 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. If mediation assistance takes place, but no agreement is reached, either party may thereafter request assistance from the Federal Service Impasses Panel. 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. Tr. Harry Jones, Assistant General Counsel for Labor and Employee Relations, represented management during the move. The chairman is also ex officio chairman of the Foreign Service Labor Relations Board. . 335-36. 12 at 1. 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. Each year, a new board member is appointed by the president, with the blessing of the Senate, for a five-year term. Resp. View the legislative history of the Federal Service Labor-ManagementRelations Statute, the Civil Service Reform Act, andthe Foreign Service Act. , 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. 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. 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. Effective Friday July 31, 2020, the agency now extends the prohibition on in-person filings indefinitely. And at that time, at 6:30, the Agency had already rejected its own proposals. What is the difference between NLRB and FLRA? Complaints are dealt with by regional offices and may be passed on to the five-team board, which acts as aquasi-judicial body. GC Ex. 135, 429; 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). Ex. The Federal Labor Relations Authority (FLRA) has a similar mandate to the NLRB. Tr. Notwithstanding the lack of an agreement with the Union on the impact and implementation of the relocation, the Agency asserts that it fulfilled its bargaining obligation because (1) the Union had waived its right to bargain beyond April 24 by signing the ground rules agreement, and (2) the negotiations reached impasse on April 24. Tr. counterproposal, the Union was withdrawing its counterproposal and reverting to its original proposals of April 21. The agency is governed by a five-person board and a general counsel, who are each appointed by the U.S. president with the consent of the Senate. 134. Thus, when the Union asked to bargain on February 5, the Agency was required to do so. In Weingarten, we upheld the National Labor Relations Board's conclusion that an employer's denial of an employee's request to have a union representative present at an investigatory interview, . He said today and tomorrow; thats it.. # 65880 | 2,202 words | 5 sources | MLA | 2006 |. When an agency has an obligation to bargain, it must continue bargaining until (1)the parties have reached agreement on all negotiable proposals; (2) an impasse has been reached following good faith bargaining, with no timely invocation of the statutory impasse procedures; or (3) the union has waived its bargaining rights. Durkin and Nixon asked more questions, most of them directed at Graham, regarding changes that could be made to the drawings. 8. GC Br. The FLRA is an independent administrative federal agency that administers the labor-management relations program for 2.1million non-postal federal employees worldwide. I believe that by deleting the word initial from the Unions draft language of paragraph 2, Jones intended to phrase the ground rules to suggest a fixed period for bargaining, but there is no evidence that this point was actually discussed by the parties during the negotiation of the ground rules. She has conducted in-depth research on social and economic issues and has also revised and edited educational materials for the Greater Richmond area. Half Street. 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. Without strong labor unions, there can be no equity for working people. Consistent with its statutory charge to provide leadership in establishing policies and guidance to participants in the Federal labor-management relations program, the Authority also assists Federal agencies and unions in understanding their rights and responsibilities under the Statute through statutory training of parties. He said there is not going to be ongoing bargaining. In, Once the Agency stopped bargaining on April 25, it began to unilaterally implement all manner of decisions related to the relocation. Tr. 450. 29 at 1. 326-27. for commenting on the design drawings for Half Street. This individual is appointed by the president for a four-year term and functions independently from the board. 3 at 1. The Authority has stated that the location in which employees perform their duties, as well as other aspects of employees office environments, are matters at the very heart of the traditional meaning of conditions of employment.. So what we decided to do . An overview of the similarities and the differences of the Federal Labor Relations Authority and the National Labor Relations Board. All of the Unions proposals relating to size and configuration were dismissed out of hand by Jones, and the Unions refusal to accept his rejection of those proposals was interpreted as intransigence. 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. Gwynne A. Wilcox. 318. 107. Later that day, Woodcock met with NLRB General Counsel Griffin in his office. 33, 42-43, 403; GC Ex. 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. Otherwise, if retroactivity of any term is dependent on the Respondents consent, the negotiations are likely to be as fruitless as those on April 23 and 24. The agency is separate from the National Labor Relations Board, which governs private-sector labor relations. 30 at 3. 30-31, 215-16); Lisabeth Luther, a compliance officer based in the Indianapolis Regional Office (Tr. . Tr. Based on the above precedent, I find that the planned relocation to a new building involved a change in conditions of employment. A conference call discussing furniture issues was conducted on that date, although the Union told Jones it did not consider the discussion to satisfy the Agencys statutory duty to bargain. It could be by teleconference or videoconference. Tr. 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. . On May 19, the Union filed the ULP charge. The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). Accordingly, the Union will submit a proposal and/or counterproposal to the Agencys 4/24/14 counterproposal on April 30, 2014. Although the NLRA covers most employers, it does not . 30. . 30 at 3 & 32 at 1-2. I conclude that the November bargaining offer was not sufficient, for two reasons. Monday, January 13, 2020. LEXIS 15827, 266 U.S. App. The ground rules agreement states, The parties will conduct two bargaining sessions on April 23-24, from 9:00 a.m. to 5:00 p.m. GC Ex. Another union, the National Labor Relations Board Professional Association (the Professional Association), represents about 120 employees at headquarters. Tr. Resp. 418. . Jt. 38. This article incorporates public domain material from the United States Government. Griffin also referred to competing concerns from the different divisions within the Agency. Tr. The Charging Party argues that the Respondent violated the Statute and that the Respondent should be ordered to return to the bargaining table participate in mediation conducted by the FMCS, if requested by the Union, and participate in proceedings before the Federal Service Impasses Panel, if agreement is not reached during renewed negotiations. Published on May 23, 2006 in Law ( Labor ) , Business ( General ) Tweet. The FLRA administers the labor-management relations program for 2.1 million non-Postal federal employees worldwide, approximately 1.2 million of whom are represented in 2,200 bargaining units. . One example of such a proposal was Union Proposal 36, requiring bargaining over furniture at a later time. 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