Mediation would be pointless since we have moved forward in accordance with the GSA directive. 275; On April 28, Lennie offered further discussions about the BUs concerns that week, and the Union accepted. 431. . Describing this part of the bargaining session, Durkin testified that it appeared that the design was fluid, and that changes were still being contemplated . 3 at 2. . 121, 413, 448-49; GC Ex. there has to be an end point. Graham and Lennie responded that the Agency was requesting those changes. As an initial matter, the GC asserts that the Respondent had a duty to bargain over the relocation, and that this duty arose when the Agency signed the lease for the new office building on January 29. . 39. David M. Prouty. . With regard to Proposal 1, which required the Agency to keep the Union informed about the relocation, Jones said it has always been our intention to keep the Union informed. Theres a lot of technology out there that you can use for that sort of thing. Tr. Another union, the National Labor Relations Board Professional Association (the Professional Association), represents about 120 employees at headquarters. Where they mainly differ is in the portion of the workforce they serve. 322.) . . 288), and Graham and Jones both acknowledged that no agreement was reached. 324. Thus, paragraph 2 states, The parties will conduct two bargaining sessions at the Agencys current headquarters on the following dates: April 23 and 24. Frequently, the two are used interchangeably and, in most day-to-day usage, the interchange of the two words is accepted and appropriate. 90-91. 236, 238. However, the Unions action was precipitated by the Agencys rejection of those counterproposals, even though they reflected nearly full agreement on those five issues, and by the Agencys declaration that bargaining was over. Labor-Management Relations Statute, Chapter 71 of Title 5 of the U.S. Code, 5 U.S.C. 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. 233-34. 335-36. 121. 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. was very similar to Agency counterproposal 10, except that the Unions counterproposal specifies that the office would be consistent with the current design reflecting 108SF. Further, Union counterproposal 4 (coat hooks) is similar to Agency counterproposal 16, except that the Union added that it reserves the right to bargain and make proposals for other Unit employees who may have offices or cubicles in the new building. GC Exs. 108. 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. For example, where attorneys that practice mainly employment law can spend a significant portion of their time dealing with the court system, labor law attorneys may only sparingly deal with the court system because most of their time is spent with government agencies. Tr. 85-88; GC Ex. GC Ex. Immediately upon returning from lunch at 1:10 p.m., the Agency team requested a caucus, so that it could prepare counterproposals. Labor Board Calls for Revote at Amazon Warehouse in Alabama in Major Victory for Union., National Labor Relations Board. 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. 37 at 2. Meanwhile, the Agency continued to make decisions with the architects concerning design aspects of the new offices, and while the Union participated in some discussions about these issues as members of the Agencys Space Advisory Committee, those discussions did not constitute bargaining within the meaning of the Statute. 38. 12. Accordingly, the relocation process and its accompanying deadlines did not excuse the Respondents refusal to continue bargaining between April 25 and May 9 or thereafter. 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. On May 19, the Union filed the ULP charge. 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 . . 134. It also helps employees conduct union elections. 51 at 7. We also reference original research from other reputable publishers where appropriate. 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. He repeated managements view that if the parties had continued negotiating, they might have been able to reach an agreement, or narrow the issues . 236. . 264). File a case with the FLRA, including unfair labor practice charges, arbitration appeals, and requests for impasse assistance. 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. 14 at 3. GC Ex. Before implementing a change in conditions of employment, an agency must provide a union with notice of the change and an opportunity to bargain over those aspects of the change that are within the duty to bargain, if the change will have more than a de minimis effect on conditions of employment. The primary way in which the Respondent violated its duty to bargain in good faith was (as already discussed) its premature termination of negotiations on April 25. . 278-79; GCEx. . On Wednesday, April 23, the Unions bargaining team met with Agency representatives Jones and Graham. $19.95 Buy and instantly download this paper now. . 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. The Authority has held that a retroactive bargaining order is appropriate where a respondents unlawful conduct has deprived the exclusive representative of an opportunity to bargain in a timely manner over negotiable conditions of employment affecting bargaining unit employees. The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions. Jones replied, Not on April 10th. A ULP is conduct by agencies or unions that violates rights that the Statute protects or the rules that it establishes. Effective Friday July 31, 2020, the agency now extends the prohibition on in-person filings indefinitely. 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. I mean, we had done everything to try to continue bargaining, to ask for continued bargaining. 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. However, other actions by the Agency on and before April 25 contributed to the failure and ultimate breakdown of negotiations. However, Lennie indicated that the Agency would look into seeing whether they could find additional space for more stalls. Tr. 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. . The most important decisions allocating space to each of the Agencys various departments, determining the size and number of offices, cubicles, and break rooms had already been made by the time the Union first saw the floor plans on April14. 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. 40. 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. 115. A few days later, the Union tried to initiate mediation of the dispute, but the Agency refused to participate. 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. . 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. 2423.32. . In the proposed ground rules, the Union called for an initial bargaining session. Durkin reiterated that the Union disagreed with that position. Subsequently, the GC, the Charging Party, and the Respondent filed post-hearing briefs, which I have fully considered. The next day, Woodcock informed Jones that the Union would be willing to meet with him to discuss furniture, but that the meeting would not constitute bargaining or a satisfaction of the Agencys bargaining obligation, in light of ongoing efforts to settle the underlying ULP charge previously filed by the Union. 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. Similarly, when Jones was asked whether the Union gave any oral supplementation to its counterproposals, he stated: I dont really recall. During these negotiations, the Agency spokesman stated that the Agency did not have information on, and had not made decisions about, several issues raised in the Unions proposals, including matters relating to the office furniture to be used at the new headquarters. The Respondent did not object to the motion, and I granted it. With regard to a remedy, the GC asks that I order retroactive bargaining. It is instructive at this point to take a step back and look at the, employees they thought they would move by September to a specific location. 13. Employment Laws Workers who believe their rights have been violated, or who have witnessed an employer or union engaging in unlawful conduct, can contact one of these offices and file a charge. to negotiate before a firm decision had been made to relocate.. On January 31, the Union informed the Agency that it had assembled a team to bargain over the move. GC Ex. Jones added that bargaining other than face-to-face bargaining would present a number of practical difficulties, saying, We couldnt possibly try to negotiate a subject as complicated as the complete relocation of the Agencys headquarters by email or telephone. 367; On May 13, FMCS Mediator Saunders emailed the Union, saying that he had discussed the Unions mediation request with the Agency, but that there was no mutual agreement to mediate. GC Ex. 106-07. 148-49, 168. encompassed in those proposals. At the time of the hearing, the relocation of the NLRB headquarters was scheduled to take place by June 2015. Although Jones insisted in March and April that the Agency had not received preliminary drawings or floor plans for the new offices until April 14, the record demonstrates that the architects had submitted a series of proposed floor plans to the Agency prior to April 14, and that Agency officials had been engaged in detailed discussions with the architect and with GSA about the adequacy (or inadequacy) of the space being allocated to the NLRB. Neither the General Counsel nor the Union seeks a full status quo ante remedy, however, as everyone seems to recognize that the Agency cannot return to Franklin Court. Nixon sent Jones a Union counterproposal, Jones rejected it, and the Union then accepted the Agencys latest draft, which was signed that same day. Finally, the GC requests a nationwide posting. View the legislative history of the Federal Service Labor-ManagementRelations Statute, the Civil Service Reform Act, andthe Foreign Service Act. The NLRB cannot open cases on its own. 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