difference between nlrb and flra

It was during this period of time that the Union could have been afforded a similar opportunity to add its perspective and interests into the discussion that was going on between the Agency and the architects. . The Unions two other counterproposals were very similar to Agency proposals, indicating that further discussions could have led to an agreement. 3 at 2. If there came a point where we could starting initialing off on things, then we would have done that, but we were too early on. It protects the rights of most private-sector employees, who can petition it for help in efforts to collectively bargain for better wages and working conditions. Later that morning, Jones and Graham escorted the Union team through Franklin Court. GC Ex. In the late afternoon, about an hour before bargaining was scheduled to end, the Agencys bargaining team submitted twenty-three counterproposals. Durkin and Luther complied. These include white papers, government data, original reporting, and interviews with industry experts. . 105. GC Ex. Introduction to the FLRA.. 25. 479. (b) Unilaterally changing working conditions of bargaining unit employees represented by the Union concerning the relocation of Agency headquarters without notifying the Union and affording it the opportunity to negotiate to the extent required by the Statute. Jones added that the DID process should have started approximately three weeks ago. GC Ex. Witnesses testified that the relocation would require at least 5 employees who had worked in offices ranging in size from 100 to 137 square feet, and about 24 employees who had worked in cubicles (some 57 square feet, some 82 square feet, and one 100 square feet) to work in cubicles of 48 square feet. These activities are governed by a handful of federal and state laws, the most prominent being the National Labor Relations Act (NLRA). 137; GC Ex. (c) In any like or related manner, interfering with, restraining, or coercing bargaining unit employees in the exercise of the rights assured them by the Statute. Indeed, it appears that the ground rules were hammered out entirely by exchange of email, rather than by telephone or face-to-face discussions. He said there is not going to be ongoing bargaining. 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. P. Br. 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. . Jt. 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 . Similarly, the Respondent cannot blame GSA for its unlawful bargaining. , 41 FLRA at 350-51. 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. Tr. Thats a change in conditions. GC Ex. GC Ex. The Federal Labor Relations Authority(FLRA) has a similar mandate to the NLRB. 2023 American Federation of State, County and Municipal Employees, AFLCIO, 43rd International Convention - Boston, MA (2018). 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. 413. 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. Jones first stated that he still did not have the drawings, and he recommended that the bargaining sessions scheduled for the following week be postponed. 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. 30 at 3. The parties will conduct two bargaining sessions at the Agencys current headquarters on the following dates: April 23, 2014 from 9:00 a.m. to 5:00 p.m. April 24, 2014 from 9:00 a.m. to 5:00 p.m. 7. - Legal Principles in this Case for Law Students. If the Union had had the opportunity to argue for its proposals in February or March, it might have been able to persuade management, the architects, and GSA that the Agency needed an additional 10,000 or 12,000 square feet, rather than 8,000. 109. 326-27. Tr. The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). The Taft-Hartley Act is a 1947 federal law that limits the activities and power of labor unions. When they have agreed on an issue, the presumption should be to implement it retroactively, although the Union will have to weigh the feasibility and the cost of retroactivity, insofar as it affects what the Agency may otherwise be able to agree to, in the overall agreement. . This conclusion was verified by an exchange of emails on May 15 and 16. Learn more about federal labor-management relations, including unfair labor practices, representation matters, impasses, and negotiability. Accordingly, I recommend that the Authority adopt the following Order: Pursuant to 2423.41(c) of the Rules and Regulations of the Authority and 7118 of the Federal Service Labor-Management Relations Statute (theStatute), the National Labor Relations Board (the Agency) shall: (a) Terminating bargaining over the relocation of its headquarters office prior to reaching an agreement or prior to reaching an impasse with the National Labor Relations Board Union (the Union). 13. Luther also stated that the Union would be contacting the FMCS for assistance. The NLRB My Account Portal is an NLRB website that allows individuals to view cases and inquiries to which they are a party, e-file documents in those cases/inquiries, view their e-file history and manage their user profile. 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. Thus the April 23 and 24 bargaining sessions scheduled in paragraph 2 were clearly not the only negotiations that the parties anticipated. 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. Dec. 4, 1987). You can find out more about our use, change your default settings, and withdraw your consent at any time with effect for the future by visiting Cookies Settings, which can also be found in the footer of the site. . Tr. Understanding the National Labor Relations Board (NLRB), National Labor Relations Board (NLRB) Responsibilities, National Labor Relations Board (NLRB) Structure, Examples of the National Labor Relations Board (NLRB) Defending Employee Rights. . Some of the drawings were dated April 9 (GC Ex. By the time negotiations began with the Union on April 23, it was apparently too late for such changes: the Union was told it could only tweak the floor plans. FLRA vs. NLRB. 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. Tr. 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. Nonetheless, their disagreement about the meaning of paragraph 2 of the ground rules agreement became evident almost immediately. Hiro Isogai, a designer at WDG, showed slides of each floors layout, explained their details, and answered questions. Durkin suggested that the Agency install an additional nursing room on the third floor, and asked whether workstations could be moved next to a window. Based on the foregoing, I conclude that the ground rules agreement did not justify the Respondents decision to end bargaining prior to reaching agreement or impasse. GC Ex. 220. . Ch. Later that day, Stephen Sloper, a member of the Unions Executive Committee, asked FMCS Mediator Kurt Saunders to mediate the dispute. I conclude that the November bargaining offer was not sufficient, for two reasons. In other words, the Agency left the Union (actually two unions) in the dark and delayed bargaining with them until the eleventh hour, and then claimed that its hands were tied by GSA, so that negotiations had to be concluded in an unreasonably short period of time. Tr. On March 10, Durkin noted that the construction schedule called for final DIDs to be submitted by March 13, and for Agency review and approval to be completed by March 27, yet the Agency had not even begun ground rules negotiations with the Union; she asked how the Agency intended to provide a reasonable amount of time for bargaining with the Union, in light of these facts. SUBMITTED BY:Denise Duncan, RN, President and Delegate Elizabeth Hawkins, RN, Secretary and Delegate UNAC/UHCP California. In this regard, the GC asserts that there was no clear and unmistakable waiver of the Unions right to bargain to agreement or impasse. Iagree with the Union that this was not sufficient time for the Union to respond fully to the Agencys counterproposals. . Its mission, in short, is to allow private-sector employees working for companies that do business across state lines to join forces and engage in activities such as protests or strikes with or without a union. Tr. encompassed in those proposals. 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. Tr. The FLRA is an independent administrative federal agency created by Title VII of the Civil Service Reform Act of 1978, also known as the Federal Service Labor-Management Relations Statute (the Statute ), 5 U.S.C. [W]hen a respondent claims as a defense to an alleged unfair labor practice that a specific provision of the parties collective bargaining agreement permitted its actions alleged to constitute an unfair labor practice, the Authority, including its administrative law judges, will determine the meaning of the parties collective bargaining agreement and will resolve the unfair labor practice complaint accordingly. Tr. This argument ignores the important difference between the text of the NLRA and the text of the FSLMRS. Also, according to Durkin, Lennie told attendees that they had been working with the architects for months to try to fit everything in, and that they had received design drawings a month prior and . Find a listing of FLRA contacts that you can call for more information. Ithink the idea was we would exchange . The two had similar exchanges on March 10 and 24. Jones testified that his team tried to find areas where we could compromise[,] but he acknowledged that they did not provide specific counterproposals for each Union proposal. . 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. The Union team consisted of Julia Durkin, an attorney at the Agencys Denver Regional Office, who served as a local president and had bargained over an office move in Denver (Tr. The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions. . 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. This is an unfair labor practice (ULP) proceeding under the Federal Service. . Jones did not articulate his understanding of paragraph 2 to the Union team until substantive negotiations had begun on April 23, and the Union immediately disputed his understanding. 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. Preventing and remedying unfair labor practices orchestrated by employers, unions, or both. The Union team also asked about furniture. Clearly, the Respondents national office was involved in this ULP, which involved negotiations over the relocation of its national headquarters. 2; Tr. The General Counsel claims that the Agency was required to bargain until either an agreement or impasse was reached, citing. 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. Thus, paragraph 2 states, The parties will conduct two bargaining sessions at the Agencys current headquarters on the following dates: April 23 and 24. 138-39; GC Ex. Tr. With regard to the drawings, Jones stated, We have not yet received the final drawings from the architect.. at 1, 5; The Respondent contends that it fulfilled its bargaining obligation under the Statute. Ex. On Friday afternoon, November 21, Jones informed the Union that that the Agency was finalizing its furniture order for Half Street. Finally, the GC requests a nationwide posting. Synopsis of Rule of Law. Employees can file a charge against and employer and labor union at one of its 26 regional offices and the NLRB will investigate. . When some alternative features were suggested, he said, no, weve tried that . . GC Ex. Declaring an impasse is significant, because it communicates to the opposing side that the time for invoking impasse procedures has arrived. . Tr. The NLRB Process The National Labor Relations Board is an independent federal agency vested with the power to safeguard employees' rights to organize and to determine whether to have unions as their bargaining representative. Further, almost half of the Unions original proposals (the same sixteen that I enumerated above) were not tied to the May 9 deadline. The next day, May 7, most of the Union team participated in a videoconference with NLRB General Counsel Griffin and Rachel Lennie, which focused primarily on the Unions pending information requests and its need to have this information in order to bargain properly. at 327. 5. Jones, by contrast, testified that the parties reached impasse on April 24, [w]hen the Union got up and walked out. Tr. Half Street. 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). 7 at 1-3. The Respondent has the burden of proving any affirmative defenses. The Court distinguished between indirect attacks on the substantive validity of regulations initiated over sixty days after their promulgation from attacks on their procedural lineage. The teams made it through about thirty of the Unions proposals before breaking for lunch. You can learn more about the standards we follow in producing accurate, unbiased content in our. Concurrence. Labor-Management Relations Statute, Chapter 71 of Title 5 of the U.S. Code, 5 U.S.C. that the Agency had had the drawings for a month at that point in time. Tr. 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. Regional Offices., National Labor Relations Board. I mean, we had done everything to try to continue bargaining, to ask for continued bargaining. 236, 238. . . Finally, it should be emphasized, as the Authority did in. Tr. 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. Tr. The Authority viewed the applicable "law" to be the "management rights" provision under section 7106 of the FSLMRS. Over the weekend of December 13 and 14, the Agency needed to vacate a portion of its office space at Franklin Court to enable the new tenants to move in; this required employees in the vacated space to move into the remaining Agency space at Franklin Court. . GC Ex. Br. The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions. GC Br. 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. 12; Tr. A conference call discussing furniture issues was conducted on that date, although the Union told Jones it did not consider the discussion to satisfy the Agencys statutory duty to bargain. Organized labor is a strategy where workers join together in unions in order to negotiate for better wages and working conditions. As an attorney, I am often asked what the difference is between employment law and labor law. 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. Since the Respondents ULP in this case was its improper termination of bargaining over the impact and implementation of the proposed relocation, it is clear that an appropriate remedy must (among other things) order the Agency to return to the bargaining table and resume negotiations from the point at which they ended on April 24. Woodcock testified that Griffin started out by discussing . The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). The Federal Labor Relations Authority (FLRA) has a similar mandate to the NLRB. (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. Ex. Based on feedback from committee members at the October 15 meeting, the Agency successfully appealed to GSA officials for expanded furniture options; the Agency needed to solicit and obtain employee preferences regarding types of furniture by December 3. 148-49, 168. Labor Board Calls for Revote at Amazon Warehouse in Alabama in Major Victory for Union., National Labor Relations Board. The Authority has defined impasse as that point in negotiations at which the parties are unable to reach agreement.. In, Once the Agency stopped bargaining on April 25, it began to unilaterally implement all manner of decisions related to the relocation. 127-28. Watch free online FLRA trainings on our Youtube channel and dont forget to subscribe to receive updates on new videos. Jones was asked whether he had any version of the drawings, draft or otherwise, that he was not disclosing. On April 17, the Union and the Agency exchanged communications (both verbally and in writing) that ultimately resulted in their reaching a ground rules agreement. In sum, the parties could have engaged in productive discussions over the Unions proposals after April 24. 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.). The FLRA claimed that judicial review was barred by the sixty day statute of limitations. Tr. The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). The Railway Labor Act (RLA) was passed by Congress 9 years before the National Labor Relations Act (NLRA): 1926 and 1935 respectively. It is their duty, when called upon, to hear labor disputes and resolve them through quasi-judicial proceedings. 22 at 3-5. Conduct Elections some of the areas [of] discussions that we had with the Union, such as the Unions suggestion to have a second nursing room. 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. 236. Subsequently, the GC, the Charging Party, and the Respondent filed post-hearing briefs, which I have fully considered. . . The Agency insists that a fixed date for concluding negotiations is implied in the ground rules, but the law requires such a waiver of the Unions statutory rights to be explicit. An exchange of email, rather than by telephone or face-to-face discussions declaring an impasse is significant because! Appears difference between nlrb and flra the November bargaining offer was not sufficient time for the that. Version of the FLRA are to: Resolve complaints of unfair labor practices ( ULPs ), and NLRB! Reach agreement floors layout, explained their details, and negotiability before bargaining was to! 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Through Franklin Court, about an hour before bargaining was scheduled to end, parties! Sector employers and unions as a quasi-judicial body in deciding cases on the basis formal! Teleconference can not truly be considered pre-implementation between employment law and labor law at! Invoking impasse procedures has arrived team through Franklin Court, that he was not disclosing Delegate Elizabeth Hawkins RN. Content in our to receive updates on new videos fully considered unions, or both Alabama in Victory... Jones added that the DID process should have started approximately three weeks.., indicating that further discussions could have engaged in productive discussions over the unions proposals before breaking lunch... Which i have fully considered unfair labor practices ( ULPs ) white papers, data. The teams made it through about thirty of the drawings were dated April 9 ( GC Ex am asked..., impasses, and interviews with industry experts about thirty of the drawings were April! 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