difference between nlrb and flra
14 at 3. Upon receipt of such forms, they shall be signed by the General Counsel and the Chairman of the National Labor Relations Board, and shall be posted and maintained for sixty (60) consecutive days thereafter, in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted, nationwide. The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). 116. In November 2021, the agency gave workers at an Amazon warehouse in Alabama a second shot at unionizing after concluding that the ecommerce giant interfered in the first election. In a similar context, the judge in, The Respondent argues that negotiations were deadlocked because the Unions proposals focused almost entirely on the maintenance of the size of current office space and configuration[,] the Agency rejected the Unions proposals on these issues, and neither side altered its position. The list of these laws is long and growing. Around this time, an architecture firm, WDG, was selected to design the interior space at Half Street. The Board. Durkin and Nixon reiterated their disagreement, with Nixon telling Jones, we dont have your proposals even. Tr. The Agency would have offices on the third through sixth floors. . A ULP is conduct by agencies or unions that violates rights that the Statute protects or the rules that it establishes. Which Jobs and Sectors Are Not Protected by the National Labor Relations Board (NLRB)? 162.) 162, 250, 285-86, 349-52, 474, 477; GC Ex. One important difference between the two laws is the scope of the authorized collective bargaining process. But we had no specific proposals about furniture. Tr. Who We Are.. Subsequently, the GC, the Charging Party, and the Respondent filed post-hearing briefs, which I have fully considered. According to Luther, Sutton also said that there had been a great deal of work with [various Agency officials] . He repeated managements view that if the parties had continued negotiating, they might have been able to reach an agreement, or narrow the issues . Griffin acknowledged that that was a problem . 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. It also provides that there may be additional dates for face-to-face bargaining, but this requires the mutual agreement of the parties. GC Ex. A right-to-work law gives workers the freedom to choose whether or not to join a union in their workplaces. In that event, the Agency will pay lodging, travel, and per diem expenses for the Union negotiators for the agreed-upon dates for face-to-face bargaining and for the travel dates immediately preceding and following the bargaining dates. The three members cannot be from the same political party. 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. 237-38. Specifically, the architects determined that the authorized space was insufficient to accommodate the Agencys functional requirements, and the parties needed to get approval from GSA for about 8000 more square feet of space. Learn more about federal labor-management relations, including unfair labor practices, representation matters, impasses, and negotiability. The NLRB has no independent statutory power to enforce its decisions and orders, but it may seek enforcement through a U.S. court of appeals. The National Labor Relations Board (NLRB) and the Federal Labor Relations Authority (FLRA) no longer deliver on their respective statutory mandates to protect the rights of workers to form, join and support a union and encourage the practice and procedure of collective bargaining; and. GC Ex. 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. . Tr. Later that day, Woodcock met with NLRB General Counsel Griffin in his office. Tr. 74-75; GC Ex. 41, 194); and Katrina Woodcock, a senior field attorney in the Washington Resident Office (Tr. Case digests provide a brief synopsis of the most pertinent principles in merits decisions issued by the Authority. Were moving from [Franklin Court] to . The Union stands ready and willing to continue good faith bargaining regarding the HQ relocation at mutually agreeable future times and dates. But since this is the agencys problem and not the unions, the union often has only a more or less passive interest in how the agency arranges to fulfill its obligation as long as it does fulfill it. So what we decided to do . Accordingly, the Union will submit a proposal and/or counterproposal to the Agencys 4/24/14 counterproposal on April 30, 2014. and . 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. Were moving. We had only exchanged two [sets of] proposals. Tr. 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. What is the Purpose of the National Labor Relations Board (NLRB)? FEDERAL LABOR RELATIONS AUTHORITY OALJ 16-16 Office of Administrative Law Judges WASHINGTON, D.C. 20424. Tr. We dont intend to waste our time, and that of a mediator, to engage in a useless undertaking.. . AFSCME will also encourage elected officials at all levels to commit to allowing workers to freely choose unions by using voluntary recognition, expedited elections and neutrality agreements; and. 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. Tr. With the game in disarray, the NLRB persuaded then-District Court Judge Sonya Sotomayor to issue an injunction that required team owners to reinstate the provisions of the old collective bargaining agreement. Tr. File a case with the FLRA, including unfair labor practice charges, arbitration appeals, and requests for impasse assistance. OurRegional Offices investigate unfairlaborpractice charges, conduct union elections, provide training, and more. Luther also stated that the Union would be contacting the FMCS for assistance. We certainly would have done that. Find a listing of all of the FLRA's current job openings. They had just a few of the drawings. Tr. 418. Tr. The evidence thus shows overwhelmingly that the parties had not reached impasse at any time, and that mediation might have been exactly what the parties needed to bridge their differences. The Respondent filed its Answer to the Complaint on February 6, 2015, denying that it violated the Statute. 12; Tr. And so we went through . He indicated that at that point in the process, major changes, such as adding movable walls or more bathroom stalls, would be difficult, if not impossible. 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. Ex. . Durkin (along with Nixon and later Luther) responded, [N]o, the Agency has to continue bargaining. . informed the Union that the Respondent had fulfilled its obligation to bargain regarding the headquarters office move, and that [s]ince on or about April 25, 2014, and May 15, 2014, the Respondent has failed and refused to negotiate with the Union over the headquarters office move to the extent required by the [S]tatute, in violation of 7116(a)(1) and (5) of the Statute. . Griffin also referred to competing concerns from the different divisions within the Agency. Tr. Former President Barack Obama once claimed that this move saved baseball.. Accordingly, the evidence does not support the notion that in negotiating the ground rules, the Union made a conscious choice, after a full discussion of the issue, to establish a strict time limit of April 24 for negotiations. On May 16, Jones advised the Union that mediation would be pointless[,] since we have moved forward in accordance with the GSAdirective. GC Ex. 366. Jt. . Synopsis of Rule of Law. Tr. Thus, when the Union asked to bargain on February 5, the Agency was required to do so. Jones and Graham advised the Union team that they could only make minor changes or tweaks to the floor plans, which had first been shown to the Union only nine days earlier. National Labor Relations Board. During bargaining, Jones would be joined by Jessica Graham, Assistant Chief of the Space Management Section, Facilities Branch; Andrew Krafts, Deputy Chief Counsel to Member Nancy Schiffer; and Rachel Lennie, an Assistant General Counsel. the judges discussion of the agencys duty to allow a reasonable time for the bargaining process to occur. 7101-7135. As a result, when formal bargaining with the Union began on April 23, the floor plans were largely fixed, as the GC claims. A few days later, the Union tried to initiate mediation of the dispute, but the Agency refused to participate. This argument ignores the important difference between the text of the NLRA and the text of the FSLMRS. 37 at 2. Our bottom line view at this point is that we have fulfilled our obligation to bargain under the terms of [the] ground rules agreement. 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. . . GC Ex. Tr. The Federal Service Labor-Management Relations Statute (the Statute) protects federal employees' rights to organize, bargain collectively, and participate in labor organizations of their choosing - and to refrain from doing so. (c) In addition to physical posting of paper notices, the Notice shall be distributed electronically, such as by email, posting on an intranet or internet site, or other electronic means, if the Agency customarily communicates with employees by such means. 42 at 1. GC Ex. The NLRA, otherwise known as the Wagner Act, is one of the most groundbreaking labor laws ever enacted in the United States. Dissent. ssues. 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. . Nor should it be construed . This is just one of a series of examples of the kind of power that the NLRB possesses. 3 at 2. . The chart below details steps in the unfair labor practice process. The participation of employees in the formulation and implementation of employee policy and procedures affecting them contributes to the effective conduct of public business. The obligation to bargain over a relocation arises when a lease is signed (if not earlier) and the union requests to bargain. 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. Tr. 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. . Asked to explain why the Union team did not stay, Durkin stated: [W]e couldnt continue that evening. 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. No. Since the Union had been actively pursuing mediation, the Union team understood this to mean that the Agency was refusing to engage in mediation. Tr. 8. Let us know what you think about our new and improved website by emailing us at EngagetheFLRA@flra.gov. 30-31, 215-16); Lisabeth Luther, a compliance officer based in the Indianapolis Regional Office (Tr. In other words, the paragraph simply specified the dates on which bargaining would be conducted. The General Counsel claims that the Agency was required to bargain until either an agreement or impasse was reached, citing. 42 at 1. 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. 32, 264. GC Ex. You can learn more about the standards we follow in producing accurate, unbiased content in our. Discussion. 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. Without strong labor unions, there can be no equity for working people. 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. During its negotiations with the Union in April, Agency negotiators told the Union team that all issues relating to the relocation had to be negotiated and finalized before the May 9 deadline given to them by GSA. 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. WE WILL NOT, in any like or related manner, interfere with, restrain, or coerce bargaining unit employees in the exercise of the rights assured them by the Statute. 166. Effective Friday July 31, 2020, the agency now extends the prohibition on in-person filings indefinitely. Employee Relations and Labour Relations are different, but with significant overlap, in principle, to ensure greatest success within any organization. The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions. At the Agencys headquarters, the Union represents about sixty-two employees. Employees can file a charge against and employer and labor union at one of its 26 regional offices and the NLRB will investigate. I guess we will have to agree to disagree about any further bargaining. 300, 439-41. Another union, the National Labor Relations Board Professional Association (the Professional Association), represents about 120 employees at headquarters. My Account Portal About Us National Labor Relations Act NLRB Process Board Rules & Regulations Board Rulemaking Careers GC Ex. SUBMITTED BY:Denise Duncan, RN, President and Delegate Elizabeth Hawkins, RN, Secretary and Delegate UNAC/UHCP California. And at that time, at 6:30, the Agency had already rejected its own proposals. Ex. Indeed, it appears that the ground rules were hammered out entirely by exchange of email, rather than by telephone or face-to-face discussions. Board Members are appointed by the President to 5-year terms, with Senate consent, the term of one . 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. . The FLRAis the federal public sector counterpart to the National Labor Relations Board (NLRB), which governs labor relations between private sector employees and employers. . 85-88; GC Ex. , retain . P. Br. The Authority has held on a number of occasions that after an agency has unilaterally implemented changes in conditions of employment, subsequent offers to bargain over the changes do not cure the statutory violation, and post-implementation actions are irrelevant. Notwithstanding the lack of drawings, Jones and Durkin began on March 12 to discuss ground rules and potential dates for negotiations. It certainly does not change the fact that the Respondent had already violated its statutory duty to bargain. The Unions two other counterproposals were very similar to Agency proposals, indicating that further discussions could have led to an agreement. Ex. 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. 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. With respect to the Agencys obligation to bargain over the relocation, Jones testified, We gave them the drawings. We cant continue meeting on these things. The Union team found several of the Agency proposals vague, as the Agency offered to use its best efforts to obtain certain design features (for example, Proposal 8) and agreed to other features only to the extent [that] the architects [WDG] can incorporate them into the drawings (for example, Proposals 19 and 20). David M. Prouty. encompassed in those proposals. GC Exs. . 22 at 3-5. 182-86; GC Ex. GC Ex. 47 at 1. About NLRB., National Labor Relations Board. View the legislative history of the Federal Service Labor-ManagementRelations Statute, the Civil Service Reform Act, andthe Foreign Service Act. 148-49, 168. $19.95 Buy and instantly download this paper now. After lunch, Jones stated that the Agency was willing to bargain late into the day on April 24, but they would not bargain after that day. 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 . If complete agreement is not reached after the conclusion of negotiations, either party may request mediation from the Federal Mediation and Conciliation Service (FMCS). This is an unfair labor practice (ULP) proceeding under the Federal Service. 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. 431. the background and history of the move, and talked about it being a very tight timeline, tight monetary restrictions. Tr. 33, 42-43, 403; GC Ex. In the months after unilaterally and unlawfully terminating bargaining on April 25 and refusing mediation on May 16, the GC asserts that the Agency proceeded to make and implement unilateral decisions concerning the relocation decisions on issues that were addressed (but not resolved) in the April negotiations, and that should have been negotiated with the Union. Jt. Each year, a new board member is appointed by the president, with the blessing of the Senate, for a five-year term. At the same time, negotiations were also underway with the Union, Agency and FLRA to settle the Unions ULP charge. 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. Tr. The Authority viewed the applicable "law" to be the "management rights" provision under section 7106 of the FSLMRS. National Labor Relations Board. Ex. 23. On February 5, Luther emailed Jones the Unions request to bargain over the relocation. been deprived of monetary benefits as a result of an agencys unilateral action, In other cases, however, the Authority has found that a prospective bargaining order is better suited to the facts of the case. The FLRA, in its decision says that: Our Statute requires that an agency must provide notice, and an opportunity to bargain, before it may change "conditions of employment." "Conditions of employment" are defined, in 7103 (a) (14), as "personnel policies, practices, and matters, whether established by rule, regulation, or otherwise . . As an attorney, I am often asked what the difference is between employment law and labor law. Also on April 14, an architect at WDG provided Jones with updated drawings for Half Street. . This Notice must remain posted for sixty (60) consecutive days from the date of posting and must not be altered, defaced, or covered by any other material. Tr. 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. Many of these proposals were not related to the size of individual offices or cubicles, and indeed the Agency itself had no way of properly or knowledgeably negotiating many of these subjects (such as the height of cubicle walls, frosting on glass, and options for furniture, flooring, and walls) in April or May. Tr. The U.S. Court of Appeals for the D.C. . 479. On April 3, Jones told the Union, with regard to a walk-through of Franklin Court, that people will be working and cannot be disturbed, so you should not plan on measuring/inspecting individual employee workspace or conversing with employees during duty time. GC Ex. 32-33. Durkin testified about several of the proposals discussed that day. 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. All events occurring after April 25 are tainted by the Agencys termination of bargaining on that date, and all events after May 16 are similarly tainted by the Agencys refusal to join in mediation. GCExs. When the National Labor Relations Board announced that it would be moving its headquarters to a new building in a different part of the District of Columbia, the National Labor Relations Board Union asked to bargain over the relocation, and the parties ultimately signed a ground rules agreement providing for two days of bargaining. They were joined by Lennie, Abruzzo, and Robert Schiff, the Chairmans Chief of Staff. Isogai indicated that there had been a number of iterations of the drawings (Tr. . 425. . The National Labor Relations Board (NLRB) is an independent federal agency created in 1935 and vested with the power to safeguard employees' rights to organize, engage with one another to seek better working conditions, choose whether or not to have a collective bargaining representative negotiate on their behalf with their employer, or refrain 23 at 11-12, 15-16, 27-32), and some were dated April 11 (. NLRB, the National Labor Relations Board, is an independent federal agency vested with the ability to safeguard employees' rights to organize and to determine whether to have unions as their bargaining representative. 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. 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 . The NLRB was given the power to resolve labor disputes through quasi-judicial proceedings and was assigned two principal functions: The National Labor Relations Act (NLRA) was amended by Congress several times, including in 1947 through the Taft-Hartley Act, in 1959 through the Landrum-Griffin Act, and in 1974 when the NLRB was given jurisdictional authority over nonprofit hospitals and nursing homes. Asked to describe this portion of bargaining, Luther testified that there were a number of proposals during the course of the day where the Agencys response was, well, we dont know; we dont know about the furniture [Proposal 36]; we dont know about film on the glass [Proposal 14]; we dont know about coat hooks [Proposal 28]; we dont know about these things yet, which would indicate at some point, there would need to be further discussion about them . 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