Ch. 17 at 1. On April 16, the Union submitted a second information request, asking for documents showing the specific spaces and offices assigned to bargaining unit employees and to the Union in the new building; the rooms and spaces assigned for common purposes and as other than personal workspace; and the locations and dimensions of these spaces. . Nonetheless, their disagreement about the meaning of paragraph 2 of the ground rules agreement became evident almost immediately. , the agency must allow a reasonable time for the bargaining process to occur. Tr. As for whether the parties had reached impasse by the end of the April 23-24 bargaining session, Durkin stated that they had not, noting that neither party submitted last best offers or asserted they were at impasse. At this time FLRA remains fully operational. 4 at 9. . Now that the relocation has been completed, and all employees are working at the Half Street building, it is not at all clear how many of the decisions unilaterally imposed by the Agency can be undone through retroactivity. . 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. He repeated managements view that if the parties had continued negotiating, they might have been able to reach an agreement, or narrow the issues . GCExs. 32 at 1. On Friday afternoon, November 21, Jones informed the Union that that the Agency was finalizing its furniture order for Half Street. Atvarious times during the Franklin Court walk-through, Durkin and Luther attempted to measure employee workspaces, and Durkin attempted to ask at least one employee about his workspace. This dispute can be traced back to September 2010, when the Agency started considering what it would do in June 2013, when its lease at Franklin Court was set to expire. On the morning of Tuesday, April 22, the Union bargaining team, and Jones, Graham, and Lennie, toured Half Street, whose interiors were still mostly empty. 2; Tr. Resp. Second, the Agency effectively gave the Union a matter of hours 3:52 to 6:33 p.m., or perhaps a bit longer, if the Union had agreed to continue bargaining into the evening to analyze the Agencys twenty-one counterproposals and provide written responses to them. Third, the Agency failed to respond in writing to all of the Unions proposals, including the Unions proposal on furniture (Proposal 36). 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 . 233), and officials of both unions asked that they be given copies of the exercises that had been done, so that the unions could evaluate the feasibility of different alternatives. Tr. 25 at 5, 7. Similarly, neither side used the term impasse or described proposals as a last best offer. Although invoking the word impasse does not magically produce one, it is common for negotiators to advise their counterparts when they believe progress has been deadlocked. President John F. Kennedy (Memorandum to the Heads of Agencies on Employee-Management Relations in the Federal Service, June 22, 1961). 288), and Graham and Jones both acknowledged that no agreement was reached. 367, 465. Jones suggested meeting April 15-17, with the first day spent touring Half Street and hearing from officials involved in the move, and Durkin agreed. Another union, the National Labor Relations Board Professional Association (the Professional Association), represents about 120 employees at headquarters. The FLRA claimed that judicial review was barred by the sixty day statute of limitations. Although the Agencys counterproposals didnt address this issue, and the Agencys existing floor plans contained no details about furniture, Jones testified that this could have been negotiated on April 24, and the Agency would have entertained Union furniture proposals on April 24, if the Union had demanded specific types of desks or chairs. 6. . Because the ground rules agreement cannot reasonably be interpreted as limiting the parties bargaining period to two days, I conclude that the Union did not waive its right to bargain until either an agreement was reached or the parties had come to an impasse. "University of Southern California. Introduction to the FLRA.. In this vein, the Agency continued to submit changes to the design drawings to GSA and to make decisions about furniture options (most significantly, adopting GSAs FIT program, which drastically limited the remaining furniture choices), window and glass treatments, lighting, and cubicle height. as a full agreement. GC Ex. To make matters worse, the Union was told that it only had a few days to make any further comments on the floor plans, and that all issues relating to the move had to be negotiated in that time even issues that were not tied to the Agencys final comments on the floor plans. Created by the Civil Service Reform Act of 1978, it is a quasi-judicial body with three full-time members who are appointed for five-year terms by the President with the advice and consent of the Senate. Luther also stated that the Union would be contacting the FMCS for assistance. 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. . . Tr. P. Br. National Labor Relations Act., National Labor Relations Board. By the time the Agency made its limited offer in November to bargain, it had already implemented many aspects of the relocation plans, by making commitments with GSA and the architects. [5] In August 2021, President Biden nominated eight-year assistant general counsel Kurt Rumsfeld to the position.[6]. 105. The Union offered to submit a counterproposal on the remaining issues by April 30, and it requested that bargaining continue, using all technological means at the parties disposal, including telephone and videoconferences, in addition to face-to-face meetings. Finally, a nationwide posting will emphasize to employees that the agency that enforces labor laws in the private sector must itself comply with labor laws in the public sector. Durkin testified about several of the proposals discussed that day. Lauren M. McFerran, Chairman. 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 . Were not withholding any information. Tr. While denying that it had floor plans of the existing offices, the Agency prevented Union officials from taking. The Authority viewed the applicable "law" to be the "management rights" provision under section 7106 of the FSLMRS. . Jt. GC Ex. National Labor Relations Board. Luther also provided Jones with proposed ground rules for the negotiations. 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. 425. 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. . The GC and the Charging Party argue for a retroactive bargaining order, while the Respondent argues that a retroactive order would be inappropriate. Tr. Br. Concurrence. , 25 FLRA 787, 789-90 (1987). . 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). 98-99. 7101-7135 (the Statute), and the Rules and Regulations of the Federal Labor Relations Authority (the Authority or FLRA), 5 C.F.R. 12; Tr. Tr. The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). Woodcock testified that Griffin started out by discussing . The list of these laws is long and growing. 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. We had bargained all day. The Agency would have offices on the third through sixth floors. . 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. OurRegional Offices investigate unfairlaborpractice charges, conduct union elections, provide training, and more. We certainly would have done that. Jones also acknowledged on the morning of April 25 that there was more bargaining for the parties to do, when he faulted the Union for ending talks at 6:30 p.m. Know Your Legal Rights Before Your Start, Positive Communication: How to Elevate Customer Experience, Age Discrimination in Employment Act (ADEA), The Myth of the Two Weeks Notice Requirement. 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. 431. GC Ex. NLRBs challenge fell within the third category and warranted judicial consideration. The General Counsel argues that the Agency violated 7116(a)(1) and (5) when it refused to negotiate with the Union over the headquarters relocation on and after April 25. the advantage conferred by the privilege to retain or waive its right to retroactive application of bargaining terms. 856 F.2d at 299. Tr. 32, 264. This is just one of a series of examples of the kind of power that the NLRB possesses. GC Ex. Monday, January 13, 2020. 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 . 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. This article incorporates public domain material from the United States Government. Tr. Durkin and Nixon asked more questions, most of them directed at Graham, regarding changes that could be made to the drawings. Nonetheless, the union and the GCargued that the agency was obligated to begin bargaining once the relocation was contemplated., . FEDERAL LABOR RELATIONS AUTHORITY OALJ 16-16 Office of Administrative Law Judges WASHINGTON, D.C. 20424. 236, 238. 3290 (D.C. Cir. Also, Jones acknowledged that [t]here wasnt a deadline on furniture for May 9th. Tr. The Federal Labor Relations Authority ( FLRA) is an independent agency of the United States government that governs labor relations between the federal government and its employees . . Dec. 4, 1987). 471. 12 at 1. and . at 30. We were quite exhausted. The obligation to bargain over a relocation arises when a lease is signed (if not earlier) and the union requests to bargain. 233-34. . WE WILL NOT unilaterally change working conditions of employees in the bargaining unit represented by the Union concerning the relocation of the Agency headquarters without notifying the Union and affording it an opportunity to negotiate to the extent required by the Statute. Tr. Employers and employees seeking help with labor or employment matters would be well-served to ensure they hire an attorney that specialize in the area of law for which they need the help. Meanwhile, the relocation project moved forward. 29 at 3-4. Tr. Jt. What Is the Difference Between the National Labor Relations Board (NLRB) and the Federal Labor Relations Authority (FLRA)? the judges discussion of the agencys duty to allow a reasonable time for the bargaining process to occur. When the parties began face-to-face negotiations on April 23, they had signed off on the ground rules less than a week earlier. Employment Law Research: What you should know about SEO, Minimum Wage: The difference between Federal and State laws, State Laws Federal Laws Topics Articles Resources, Pregnant Women: How to Create a Healthy Work Environment, New Job in Florida? Bargaining on Thursday, April 24, began with Jones and other members of the Agency team giving their initial reactions to most of the Unions forty-one proposals. Ex. measurements of those offices. 382-83. there has to be an end point. The Chicago Regional Office of the Federal Labor Relations Authority offers this training to parties involved in "change bargaining" under the Federal Service Labor-Management Relations Statute. (As it turned out, the Agency would end up staying past its lease, becoming a holdover tenant. . Tr. It didnt have to be face-to-face. Br. The parties discussed the number of stalls needed in the mens and womens restrooms (Union Proposal 31), and the Union team argued the Agencys floor plan was grossly inadequate. 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