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. . National Labor Relations Board: 80 Years, Page 11. (c) In any like or related manner, interfering with, restraining, or coercing bargaining unit employees in the exercise of the rights assured them by the Statute. If mediation assistance takes place, but no agreement is reached, either party may thereafter request assistance from the Federal Service Impasses Panel. What is the difference between NLRB and FLRA? 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. 41, 217-18); Donna Nixon, an attorney in the Detroit Region and a district vice president of the Union (Tr. (d) Pursuant to 2423.41(e) of the Authoritys Rules and Regulations, notify the Regional Director, Chicago Region, Federal Labor Relations Authority in writing, within thirty (30) days from the date of this Order, as to what steps have been taken to comply. According to Durkin, Sutton stated that the project was running behind schedule in design plans; at a later phase of the process, after construction drawings were made, theyd decide on furniture. Tr. Thus, when the Union asked to bargain on February 5, the Agency was required to do so. Each has its own procedures and rules that if an attorney does not know could result catastrophic error. 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. . The Union team also asked about furniture. 25. This briefing concluded the days activities. The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions. Witnesses testified that the relocation would require at least 5 employees who had worked in offices ranging in size from 100 to 137 square feet, and about 24 employees who had worked in cubicles (some 57 square feet, some 82 square feet, and one 100 square feet) to work in cubicles of 48 square feet. Issue. . . GC Ex. . . 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. By mutual agreement, the parties may agree to additional dates for face-to-face bargaining. Donna Nixon was scheduled to be on a flight that night. 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. 324. In other words, the paragraph simply specified the dates on which bargaining would be conducted. If the Union did not waive its right to bargain beyond April 24, the Agency was required to bargain until it reached agreement or impasse. These include the Agencys refusal to furnish necessary information to the Union prior to April 23 and delaying the start of bargaining until many of the most significant decisions affecting the size and configuration of the new headquarters offices had been made. Are You Covered?, Federal Labor Relations Authority. A right-to-work law gives workers the freedom to choose whether or not to join a union in their workplaces. The General Counsel contends that the ground rules agreement does not excuse the Respondents actions. The boards job is to determine whether labor violations have occurred, while the general counsel acts as a supervisor and prosecutor. 30 at 3. The NLRB administers and enforces the National Labor Relations Act, conducting secret ballot elections to determine whether employees wish to be represented by a union, and resolving alleged ULPs committed by employers and unions in the private sector. In setting forth the distinction, Ill start with labor laws because they represent a much narrower area of law than employment laws. 45. [T]here were some [Union] proposals that were left out of our counter that we werent able to agree to. Tr. The National Labor Relations Board will be soliciting public input on the use of videoconference technology to conduct, in whole or in part, all aspects and phases of unfair labor practice case and representation case proceedings, and on potential amendments to its procedural rules regarding the use of videoconference technology. . (a fact the Agency belatedly understood several months later, when it offered to return to the table), and the Agencys termination of bargaining in April was arbitrary and unreasonable. Monday, January 13, 2020. 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. . 32, 264. Jones replied, Not on April 10th. Similarly, the Respondent cannot blame GSA for its unlawful bargaining. Marvin E. Kaplan. FLRA vs. NLRB. Tr. In, Once the Agency stopped bargaining on April 25, it began to unilaterally implement all manner of decisions related to the relocation. GC Ex. Tr. 29 at 3-4. 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. 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. But, he continued, there is not going to be ongoing bargaining. 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. Based on the above precedent, I find that the planned relocation to a new building involved a change in conditions of employment. In an exchange of emails between the Union and Saunders on May5, Luther reiterated the Unions interest in mediation to assist us in resolving the issues with the Agency, and she suggested the week of May 13th for that purpose. and . We also reference original research from other reputable publishers where appropriate. 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). 123-24. Declaring an impasse is significant, because it communicates to the opposing side that the time for invoking impasse procedures has arrived. The general counsel is responsible for supervising the NLRBs field offices and processing of cases as well as investigating and prosecuting unfair labor practices. NLRBs challenge fell within the third category and warranted judicial consideration. 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. In the weeks and months that followed, the Agency unilaterally made decisions about the design and layout of the new headquarters, including issues such as office furniture and other matters that had been discussed (but not resolved) during bargaining. 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. ssues. How does my legal medical marijuana drug test affect my pre-employment and Dos and Donts of Writing a Warning Letter to an Employee, Salaried-Exempt Employees and Paid Vacation Leave. 98-99. 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. at 12. 52. At the time of the hearing, the relocation of the NLRB headquarters was scheduled to take place by June 2015. But we had no specific proposals about furniture. Tr. At least in some respects, the November 24 teleconference offered the Union a hope of shaping the Agencys furniture choices before those choices were finalized in December. Preventing and remedying unfair labor practices orchestrated by employers, unions, or both. 431. . Tr. In the afternoon, our team worked as quickly as possible to prepare a good-faith counterproposal in which we tried to address the Unions concerns. 409; This evidence shows that there was a significant period of time prior to April 14 in which the Agency was able to make meaningful changes in the size and configuration of the office space at Half Street. 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). 126-28. 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. . 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. . According to Durkin, Jones said no, were not going to continue bargaining. . At the Agencys headquarters, the Union represents about sixty-two employees. . 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. . Resp. 36 at 1; On May 6, the Union submitted an information request asking for information about the size and type of workspace each employee had at Franklin Court, and the size of building space at Franklin Court not specifically assigned as personal workspace, among other things. . for commenting on the design drawings for Half Street. Tr. Tr. . Half Street. First, on the morning of April 24, the Agency revealed that it lacked information on, and had not made decisions about, issues pertaining to frosted glass (Union Proposal 14), cubicle height (Proposal 20), task lighting (Proposal 24), coat hooks (Proposal 28), and furniture (Proposal 36). . While private-sector employees are entitled to collectively bargain . 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. Br, (2) the Unions proposals were focused almost entirely on the maintenance of the size of current office space and configuration[,] the Agency rejected the Unions space proposals, the Union did not retreat from its position on maintaining current size and configuration of office space in its partial counter, and the Agency rejected the Unions counterproposals (. Durkin and Nixon asked more questions, most of them directed at Graham, regarding changes that could be made to the drawings. 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. Collective bargaining is the process of negotiating terms of employment between an employer and a group of workers. Also, Jones acknowledged that [t]here wasnt a deadline on furniture for May 9th. Tr. 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. For may 9th be made to the opposing side that the planned relocation to a new building a. To agree to additional dates for face-to-face bargaining of law than employment laws where. February 5, the paragraph simply specified the dates on which bargaining be! 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