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. . The document began, The Union has not had sufficient time to create a complete counterproposal to the Agencys counterproposal of 4/24/14. I mean, we had done everything to try to continue bargaining, to ask for continued bargaining. , Tr. In the afternoon, bargaining teams from the two unions (along with several interested NLRB managers) attended a series of briefings. Starting in January and continuing through (and beyond) April, Agency officials engaged in extensive discussions with GSA, the new landlord, and the architects regarding the amount of space it would occupy in the new building, and the configuration of that space, and the Agency consciously froze the Union out of this process entirely. 138-39; GC Ex. With regard to a remedy, the GC asks that I order retroactive bargaining. . 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. The Union asserted that its tentative agreement to the counterproposals does not limit or waive the Unions right to submit proposals and/or counterproposals, and to engage in bargaining regarding headquarters relocation. Ithink the idea was we would exchange . Paid for by the American Federation of State, County & Municipal Employees, AFL-CIO, 1625 L St., NW, Washington, DC, 20036. They were joined by Lennie, Abruzzo, and Robert Schiff, the Chairmans Chief of Staff. 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 committee was led by Troy Crayton, the Agencys Facilities Chief, and it included representatives from each division of the Agency, as well as representatives from the Professional Association and the Union. And at that time, at 6:30, the Agency had already rejected its own proposals. Graham told them, [W]e dont know about furniture because the Agency doesnt have money, adding that the Agency planned to purchase furniture using a monthly payment plan administered by GSA. 42 at 1. The Agency could not sincerely claim that the parties were at impasse until they had engaged in full-fledged negotiations over those additional counterproposals. In the late afternoon, about an hour before bargaining was scheduled to end, the Agencys bargaining team submitted twenty-three counterproposals. 4 at 9. But, he continued, there is not going to be ongoing bargaining. 42 at 1. 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. 471. 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 National Labor Relations Board is a federal agency that enforces the National Labor Relations Act. Since the Union had been actively pursuing mediation, the Union team understood this to mean that the Agency was refusing to engage in mediation. Meanwhile, Nixon and Luther pressed Jones about their need to obtain the drawings and review them in advance of negotiations, and about the Agencys failure to respond to the Unions proposed ground rules. 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.). 108. Clearly, the Respondents national office was involved in this ULP, which involved negotiations over the relocation of its national headquarters. 428. 12; Tr. 25 at 5, 7. Employment Laws 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. Tr. 43 at 9, 23, 29, 36, 49), and others dated April 2 (. The Agency cut bargaining off before this could happen. . On February25, Jones provided Durkin some additional information about Half Street, but still did not provide any drawings. No. 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. [T]here were some [Union] proposals that were left out of our counter that we werent able to agree to. Tr. . At a Space Advisory Committee meeting on October 15, Crayton and WDG briefed the members about the construction schedule and options for furniture and window frosting at Half Street. More importantly, the Union continued to keep its original forty-one proposals on the table. Circuit recently refused to enforce a decision by the National Labor Relations Board (NLRB) that involved a conflict between an . 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. The Agency isnt even prepared to make decisions on these aspects[] of the relocation. The obligation to bargain over a relocation arises when a lease is signed (if not earlier) and the union requests to bargain. 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. 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 Union stands ready and willing to continue good faith bargaining regarding the HQ relocation at mutually agreeable future times and dates. On Monday, April 21, the Union submitted forty-one bargaining proposals. Tr. 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. Another union, the National Labor Relations Board Professional Association (the Professional Association), represents about 120 employees at headquarters. GC Ex. 29 at 3-4. The 60 day period for seeking judicial review set forth in the Hobbs Act is jurisdictional in nature, and may not be enlarged or altered by the courts. 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). Lauren M. McFerran, Chairman. 5 C.F.R. GC Ex. Graham indicated that this decision didnt need to be made until the move-in date, prompting Durkin to argue, this is why we need to continue bargaining after today. The judge and the Authority rejected this theory and held that while it might be desirable from the Unions viewpoint to be a participant in the, decision-making process at an earlier stage, it is difficult to envision an obligation on SSAs part . D.C. 165, 126 L.R.R.M. It's a tool that's. 72-73; GC Ex. 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. You can find all of ourresources in one convenient spot, including guides, FAQs, forms, and more. Find everything you need to know about filing a casewith the FLRA. Teams Virtual Training 10am - 12:00pm EST, Teams Virtual Training 11:00am - 12:00pm EST, U.S. Forest Service, Collbran Job Corps Civilian, Conservation Center, Collbran, CO (Agency) and National Federation of Federal Employees, IAMAW, AFL-CIO (Petitioner/Labor Organization), American Federation of Government Employees, Local 1858 (Union) and United States Department of the Arrmy, Redstone Arsenal, Alabama (Agency), National Treasury Employees Union (Union) and United States Department of Agriculture, Food and Nutrition Service (Agency), Collaboration and Alternative Dispute Resolution Office (CADRO), Archival Decisions, Legislative History, & Foreign Service Decisions, Meetings under the Statute, Investigatory Examinations, Formal Discussions, Bypasses, Susan Tsui Grundmann Designated FLRA Chairman, The FLRA Proposes Revising Its Regulations, and Revoking a Related Policy Statement, Concerning the Revocation of Written Assignments for the Payment of Union Dues, The FLRA Releases Training Video on Labor Management Forums, The FLRA and its Recognized Union of Authority Employees Reestablish Internal Labor-Management Forum, FLRA Invites Customer Input on Representation Issue, FLRA Swears in Member Susan Tsui Grundmann. 450. . 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. 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. Which Jobs and Sectors Are Not Protected by the National Labor Relations Board (NLRB)? GC Exs. About 450people work at its headquarters office in Washington, D.C. Tr. 110-12, 363-64. On May 10, Graham submitted the Agencys revised floor plan drawings to GSA, with its comments regarding suggested changes. 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. Should those rights not be respected and lead to unfair treatment, its the NLRBs job to investigate and, if necessary, take action. The FLRA is an independent administrative federal agency that administers the labor-management relations program for 2.1million non-postal federal employees worldwide. for commenting on the design drawings for Half Street. The NLRB refused, and an unfair labor practice proceeding ensued. 51 at 7. Finally, a petitioners contention that the challenged regulation should be amended or rescinded because it conflicts from the statute from which its authority derives is reviewable outside the statutory limitations period. [2], The Authority adjudicates disputes arising under the Civil Service Reform Act, deciding cases concerning the negotiability of collective bargaining agreement proposals, appeals concerning unfair labor practices and representation petitions, and exceptions to grievance arbitration awards. This is just one of a series of examples of the kind of power that the NLRB possesses. . 3290 (D.C. Cir. 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. . Specifically, the Authority has found that office relocations involve changes in conditions of employment, and that agencies must negotiate the impact and implementation of such moves that is, the procedures to be followed in implementing the relocation and appropriate arrangements for employees affected by the move. Jones replied that same day, conceding that the process has fallen slightly behind schedule.. 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. On April 30, Larry Sutton informed Jones and others at the Agency advising that the GSA needed to receive any Management and Union changes to the space plan/layout . These activities are governed by a handful of federal and state laws, the most prominent being the National Labor Relations Act (NLRA). 3; Tr. 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. 10. The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions. Learn more about federal labor-management relations, including unfair labor practices, representation matters, impasses, and negotiability. The two had similar exchanges on March 10 and 24. During this time period, the Agencys Facilities Department was engaged in numerous communications with the WDG architects regarding the drawings. Tr. These laws include federal and state wage and hour laws, discrimination laws, and leave laws. Accordingly, the Union will submit a proposal and/or counterproposal to the Agencys 4/24/14 counterproposal on April 30, 2014. (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. 39. The Respondent filed its Answer to the Complaint on February 6, 2015, denying that it violated the Statute. Durkin added, Weve used email exchanges, teleconference exchanges, and videoconference exchanges with the Agency numerous times, at the drop of a hat, including over this relocation process and over the ground rules. 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. Ex. Jones was asked whether he had any version of the drawings, draft or otherwise, that he was not disclosing. At the hearing, Durkin recalled: [W]e were incensed. . With regard to the dates for bargaining, Durkin testified that the ground rules agreement went into detail concerning face-to-face bargaining, but not concerning other types of bargaining such as by email or teleconference. Its objective is to protect the rights of most private-sector employees to collectively bargain for better wages and working conditions, and prevent employers and unions from engaging in unfair practices against them. 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