. 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. Another union, the National Labor Relations Board Professional Association (the Professional Association), represents about 120 employees at headquarters. . Last edited on 24 February 2023, at 17:23, independent agency of the United States government, Title 5 of the Code of Federal Regulations, Title 22 of the Code of Federal Regulations, Federal Mediation and Conciliation Service (United States), United States Merit Systems Protection Board, "The Statute: 7104. 431. 100-01, 230-31. . WHEREAS: The NLRB is an independent federal agency enforcing the National Labor Relations Act, which guarantees the right of most private sector employees to organize, to engage in group efforts to improve their wages and working conditions, to determine whether to have unions as their bargaining representative, to engage in collective bargaining, and to In response to an inquiry about the Unions recent information request, Jones told the Union team: Once again, I want to make our position clear that we have fulfilled our obligation to bargain over the effects of the headquarters relocation under both the Statute and the ground rules agreement. The caucus lasted from approximately 1:15 to 4:00 p.m., at which time the Agency transmitted a list of twenty-three counterproposals to the Union by email. The Railway Labor Act (RLA) was passed by Congress 9 years before the National Labor Relations Act (NLRA): 1926 and 1935 respectively. In determining whether the Respondent violated 7116(a)(1) and (5), the first inquiry is whether it had an obligation to bargain at all in these circumstances. This includes such matters as union organizing, collective bargaining negotiations, and unfair labor practice charges. 3290 (D.C. Cir. 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. This is an unfair labor practice (ULP) proceeding under the Federal Service. Resp. One member is appointed by the President to serve as chairman, chief executive officer, and chief administrative officer of the FLRA. At the hearing, Durkin recalled: [W]e were incensed. 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. David M. Prouty. 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. This article incorporates public domain material from the United States Government. Notwithstanding the lack of drawings, Jones and Durkin began on March 12 to discuss ground rules and potential dates for negotiations. The Board has five Members and primarily acts as a quasi-judicial body in deciding cases on the basis of formal records in administrative proceedings. The Agencys counterproposals, presented to the Union late on April 24, addressed some of these non-size-related issues, and the Unions response two hours later laid out compromises on five of them and promised to submit others within a week. Board Members are appointed by the President to 5-year terms, with Senate consent, the term of one . Were moving from [Franklin Court] to . The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions. One important difference between the two laws is the scope of the authorized collective bargaining process. , 41 FLRA at 350-51. Ex. Finally, the GC requests a nationwide posting. Tr. Tr. The Unions two other counterproposals were very similar to Agency proposals, indicating that further discussions could have led to an agreement. 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. 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. When some alternative features were suggested, he said, no, weve tried that . Tr. . These include white papers, government data, original reporting, and interviews with industry experts. She also asked for any and all documents showing, for each bargaining unit employee as of July 1, 2013, the square footage, whether by office, workstation, by cubicle or by work area allocated to each particular employee, among other things. On Wednesday, April 23, the Unions bargaining team met with Agency representatives Jones and Graham. 288), and Graham and Jones both acknowledged that no agreement was reached. Issued, Washington, D.C., February 11, 2016, Date: _________________ By: _______________________________________________, Chairman, National Labor Relations Board (Signature), Date: _________________ By: ______________________________________________, General Counsel, National Labor Relations Board (Signature), Collaboration and Alternative Dispute Resolution Office (CADRO), Archival Decisions, Legislative History, & Foreign Service Decisions, NATIONAL LABOR RELATIONS BOARD AND NATIONAL LABOR RELATIONS BOARD UNION. means. He said there is not going to be ongoing bargaining. . . Tr. In accordance with directives from the General Services Administration (GSA), the Agency was authorized to lease no more than 155,000 rentable square feet of office space, nearly a 40% reduction from the 247,219 square feet it leased at Franklin Court. The FLRA is an independent administrative federal agency that administers the labor-management relations program for 2.1million non-postal federal employees worldwide. as a full agreement. GC Ex. Giving employees the freedom to decide whether they want union representation and, if yes, by which union by conducting secret ballot elections. Mediation would be pointless since we have moved forward in accordance with the GSA directive. Jones asked Durkin and Luther not to, saying, You agreed to a visual inspection and thats what we expect this to be. Tr. As we said several times throughout the course of the day, we were willing to work late last evening in an attempt to reach an agreement, or narrow the issues, but the Union team was unwilling to continue beyond 6:30. Later that morning, Jones and Graham escorted the Union team through Franklin Court. Tr. . 30 at 3) were highlighted by the Union team in the late afternoon of April 24, because these were issues where there was common ground . at 12. 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. # 65880 | 2,202 words | 5 sources | MLA | 2006 |. But I, again, reiterated to them that we were willing to stay late to try to hammer out an agreement. Then the Agency advised the Union that GSA was forcing them to finalize all prospective changes to the floor plans within a matter of days. NLRB Deputy General Counsel Jennifer Abruzzo and Chief Financial Officer Ron Crupi then informed the union officials about financial aspects of the move. . Tr. . The NLRB covers most of the private sector. Concepts we will address include: . Are You Covered?, Federal Labor Relations Authority. 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. 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. FEDERAL LABOR RELATIONS AUTHORITY OALJ 16-16 Office of Administrative Law Judges WASHINGTON, D.C. 20424. 47 FLRA at326-27. OurRegional Offices investigate unfairlaborpractice charges, conduct union elections, provide training, and more. These activities are governed by a handful of federal and state laws, the most prominent being the National Labor Relations Act (NLRA). First, the Agency had already made the decision, with GSA, to utilize GSAs FIT program, which significantly narrowed the remaining options for furniture. . 109-10, 256-57. First would come drawings (referred to by witnesses and in documents as preliminary drawings, design drawings, or just drawings) that were, essentially, floor plans, showing things like the location of walls and doors, and the size and location of offices and cubicles. It was further agreed that all employees will be working in a space about 40% smaller than the offices they have occupied for the past twenty-one years. 25. President John F. Kennedy (Memorandum to the Heads of Agencies on Employee-Management Relations in the Federal Service, June 22, 1961). However, it is my experience that this is the exception and not the rule. According to Durkin, Jones said no, were not going to continue bargaining. When you visit the site, Dotdash Meredith and its partners may store or retrieve information on your browser, mostly in the form of cookies. Luther also stated that the Union would be contacting the FMCS for assistance. 11 at 1. The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). 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. Members are appointed by the President to serve as chairman, chief executive officer, and interviews with industry.! Executive officer, and Graham and Jones both acknowledged that no agreement was reached independent administrative agency... 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