difference between nlrb and flra

Before the days session ended, Jones asked Durkin why the Union had not spent the day talking about its written proposals. 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. Luther also provided Jones with proposed ground rules for the negotiations. Fine, were obligated to bargain. 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. When Jones forwarded these drawings to the Union the same day, it was the first time the Union had seen any drawings or floor plans for the new building. The relocation process involved a series of drawings that would increase in complexity as the project progressed. The Respondent notes next that the Union withdrew its five initial counterproposals on April 29. 366. LEXIS 15827, 266 U.S. App. 109-10, 256-57. Synopsis of Rule of Law. as a full agreement. GC Ex. On May 9, Lennie gave the Union a list of the location and size of each employees workspace at Franklin Court. 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. Theres a lot of technology out there that you can use for that sort of thing. Tr. At the Agencys headquarters, the Union represents about sixty-two employees. If the parties had truly intended to establish a fixed time period for the negotiation of all issues related to the Agencys relocation, it could have done so, simply by stating that April 24 would be the last day for bargaining and by further specifying a fixed period for engaging in mediation and invoking FSIP assistance. 14 at 3. to meet at reasonable times and to consult and bargain in a good-faith effort to reach agreement with respect to the conditions of employment . 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 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. 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. 23 at 11-12, 15-16, 27-32), and some were dated April 11 (. 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. As Luther described in her testimony, the five issues addressed in the Unions Initial response to Agencys counterproposal of 4/24/14 (GC Ex. The FLRA claimed that judicial review was barred by the sixty day statute of limitations. And hiring an attorney who dabbles can lead to bad outcomes. The three members cannot be from the same political party. 5 C.F.R. $19.95 Buy and instantly download this paper now. Clearly, the Respondents national office was involved in this ULP, which involved negotiations over the relocation of its national headquarters. (All communication between the parties was by email, unless otherwise noted.) Unlike the Unions proposed ground rules, the Agencys proposals did not refer to an initial bargaining session.. Tr. 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 . 14 at 3. The 60 day period for seeking judicial review set forth in the Hobbs Act is jurisdictional in nature, and may not be enlarged or altered by the courts. 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. 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. This decision was vacated and remanded in NLRB Union, Local 6 v. None. 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. These issues could and should have been addressed by the parties through bargaining at subsequent times over the next several months, right up to the date the NLRB finally moved to Half Street. However, we are willing to tentatively agree to the following parts of the Agencys counterproposal, with the following changes. GC Ex. 100-01, 230-31. . An overview of the similarities and the differences of the Federal Labor Relations Authority and the National Labor Relations Board. 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. In the afternoon, our team worked as quickly as possible to prepare a good-faith counterproposal in which we tried to address the Unions concerns. One important difference between the two laws is the scope of the authorized collective bargaining process. One example of such a proposal was Union Proposal 36, requiring bargaining over furniture at a later time. 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. The Union is most certainly willing to continue negotiations by any reasonable means . 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. 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. . 39. If mediation assistance takes place, but no agreement is reached, either party may thereafter request assistance from the Federal Service Impasses Panel. 43-44, 323, 404; GC Ex. 104. More information to follow. 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. 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. Half Street. . 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. Br. Because the negotiating table is so steeply slanted toward the Agency (due to its unilateral implementation of so many details of the relocation), a presumption of retroactivity is needed to restore the conditions that existed when negotiations began. Graham and Lennie responded that the Agency was requesting those changes. The ground rules agreement also provided, among other things, that on April 22 there would be a tour of Half Street, a full visual inspection of employee work areas at Franklin Court, and then a briefing from GSA and the architects; the Union would submit its bargaining proposals by noon on April 21, and the Agency would submit counterproposals within three days thereafter; and caucus time could be taken, but no party would caucus for more than one hour, absent mutual agreement. . GC Ex. Jones also stated that he was relying on Crayton and Graham to provide him the drawings. . This argument ignores the important difference between the text of the NLRA and the text of the FSLMRS. 1(c). The Railway Labor Act (RLA) is a federal law that was passed in 1926 to govern labor relations in the railroad industry, and amended in 1936 to include the airline industry. Tr. The Union asked to submit its remaining counterproposals the following week, and to resume bargaining thereafter, since it had not had time to prepare a response on all issues. Ithink the idea was we would exchange . The committee was led by Troy Crayton, the Agencys Facilities Chief, and it included representatives from each division of the Agency, as well as representatives from the Professional Association and the Union. . 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. This article incorporates public domain material from the United States Government. Meanwhile, it withheld from the Union the ongoing dialogue between Agency officials and the new buildings architects about the proposed plans for the new headquarters. According to Durkin, Sutton stated that the project was running behind schedule in design plans; at a later phase of the process, after construction drawings were made, theyd decide on furniture. Tr. The second method is to petition the agency for amendment or rescission of the regulations and then to appeal the agencys action. 1974 Health Care Amendments., National Labor Relations Board. 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. Brief Fact Summary. 202. We certainly would have done that. Even if the parties had been deadlocked on office size and configuration, there were plenty of other issues to discuss when negotiations broke down. 23. . Jt. Employee Relations and Labour Relations are different, but with significant overlap, in principle, to ensure greatest success within any organization. 24. . Jt. GC Ex. The NLRB continues to be in the news. 3 at 2. 38. 58 at 2. When workers are stripped of union protections, wages stagnate or decline, and inequities grow. 33, 35. . On its 80th anniversary, celebrated in 2015, the NLRB reported that more than 90% of the cases it receives are dealt with by its regional offices without requiring the board to intervene with formal litigation. The Union told Jones that there were a number of ways to bargain. 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. After the Union team spent most of April 23 touring the Franklin Court building, Jones expressed his impatience with the lack of actual bargaining and emphasized that negotiations would conclude at the end of the day on April 24. The Respondent did not object to the motion, and I granted it. The Respondent contends that if a violation is found, retroactive relief, including a retroactive bargaining order, would be inappropriate. Who We Are.. GSA signed a lease on behalf of the Agency, on January 29, 2014. for the Agencys new headquarters space, located in a newly constructed building at 1015 Half Street, S.E., Washington, D.C. (Half Street). GC Ex. We didnt get them I didnt get them till April 14th, when Troy Crayton passed them out to everyone. Tr. However, Lennie indicated that the Agency would look into seeing whether they could find additional space for more stalls. At the time of the hearing, and for the previous twenty-one years, the Agencys headquarters office was located in the Franklin Court Building, 1099 14th Street, N.W., Washington, D.C. (Franklin Court). I believe that by deleting the word initial from the Unions draft language of paragraph 2, Jones intended to phrase the ground rules to suggest a fixed period for bargaining, but there is no evidence that this point was actually discussed by the parties during the negotiation of the ground rules. With respect to the Agencys obligation to bargain over the relocation, Jones testified, We gave them the drawings. 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 FLRA is the federal public sector counterpart to the National Labor Relations Board (NLRB), which governs labor relations between private sector employees and employers. Thats a change in conditions. According to its website, the NLRBs core duties are: The NLRB is a fairly small agency, with 26 regional offices dotted across the United States. 162.) 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. Preventing and remedying unfair labor practices orchestrated by employers, unions, or both. A ULP is conduct by agencies or unions that violates rights that the Statute protects or the rules that it establishes. Monday, January 13, 2020. Tr. But the agency told the union that no final decision had been made about the relocation, and indeed the relocation did not occur. [3], In 1981, it decertified that is, stripped it from its status as a representative union - the air traffic controllers' PATCO union, after the 1981 air traffic controllers strike.[4]. Based on the entire record, including my observation of the witnesses and their demeanor, I make the following findings of fact, conclusions of law, and recommendations. Jones replied, Not on April 10th. 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. GC Ex. Fourth, the parties were close to agreement on a number of issues. some of the areas [of] discussions that we had with the Union, such as the Unions suggestion to have a second nursing room. . 418. 7101-7135 (the Statute), and the Rules and Regulations of the Federal Labor Relations Authority (the Authority or FLRA), 5 C.F.R. Tr. 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. was to see where there was common ground, to see what we could agree on. 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. 115. I guess we will have to agree to disagree about any further bargaining. 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. Find a listing of FLRA contacts that you can call for more information. 29, 30. (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. The boards job is to determine whether labor violations have occurred, while the general counsel acts as a supervisor and prosecutor. Gwynne A. Wilcox. 3; Tr. Labor law governs union and management relationships and employee collective bargaining rights. . GC Ex. GC Ex. (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 was asked whether he had any version of the drawings, draft or otherwise, that he was not disclosing. Griffin acknowledged that that was a problem . Other labor laws of note are the Railway Labor Act (RLA), the Federal Labor Relations Act (FLRA), as well as state labor laws that govern bargaining rights of state employees. The Unions two other counterproposals were very similar to Agency proposals, indicating that further discussions could have led to an agreement. WHEREAS: I certainly if we had agreed to stay late and continue the bargaining into Thursday evening and we had been making progress, if progress had been made on Thursday evening, I certainly had the authority to say to them book another night in your hotel; lets pick up on Friday; change your airline tickets to fly back on Saturday. , 50 FLRA 701, 704 (1995), it is clear that the relocation of NLRB headquarters from Franklin Court to Half Street would significantly change the conditions of employment for all employees. In sum, the parties could have engaged in productive discussions over the Unions proposals after April 24. D.C. 165, 126 L.R.R.M. 53-54. Unfortunately, the record developed by the parties is far from ideal, making choosing between Presence with a Purpose and the 8-2 schedule difficult. In Weingarten, we upheld the National Labor Relations Board's conclusion that an employer's denial of an employee's request to have a union representative present at an investigatory interview, . A hearing was held in this matter on March 25-27, 2015, in Washington, D.C. All parties were represented and afforded an opportunity to be heard, to introduce evidence, and to examine witnesses. The Agencys proposed interpretation of the ground rules also ignores paragraph 13, which states that either party may request mediation from the Federal Mediation and Conciliation Service (FMCS). Mutual consent is not required for mediation. 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. On Friday afternoon, November 21, Jones informed the Union that that the Agency was finalizing its furniture order for Half Street. All of the Unions proposals relating to size and configuration were dismissed out of hand by Jones, and the Unions refusal to accept his rejection of those proposals was interpreted as intransigence. He said there is not going to be ongoing bargaining. 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. 32 at 1. . An allegation of a procedural infirmity will not be heard outside of the statute of limitations period. Ex. Tr. 22 at 3-5. 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 . Tr. The Agency would have offices on the third through sixth floors. 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. The main dispute is what effect should be given to those terms on which the parties reach agreement: specifically, should they be effectuated retroactively or only prospectively? The FLRA is an independent administrative federal agency that administers the labor-management relations program for 2.1million non-postal federal employees worldwide. the design drawings were not adequate . Larry Sutton, the GSA representative on the project, spoke next. 324. As a result, when formal bargaining with the Union began on April 23, the floor plans were largely fixed, as the GC claims. GC Ex. 74-75; GC Ex. Tr. We said we gave them notice of the change and conditions of employment. 52. 106. 40. 107. . Durkin and Luther complied. This is an unfair labor practice (ULP) proceeding under the Federal Service. 1947 Taft-Hartley Substantive Provisions., National Labor Relations Board. It could be by teleconference or videoconference. Frequently, the two are used interchangeably and, in most day-to-day usage, the interchange of the two words is accepted and appropriate. Ex. Sotomayors Baseball Ruling Lingers, 14 Years Later., The Washington Post. By specifying the dates on which negotiations would occur, and by eliminating language proposed by the Union that referred to the sessions as initial bargaining, this language suggests that these were the only two days on which bargaining was required, and that further bargaining would be scheduled only by mutual consent. Jones replied that the design plans were the Agencys proposals. Even after receiving permission to extend their caucus beyond the allotted hour, the Union negotiators realized that we were rushing and we were not going to be able to do a very thorough job of reviewing the proposals and that concerned us. The Respondent filed its Answer to the Complaint on February 6, 2015, denying that it violated the Statute. , would be inappropriate to continue negotiations by any reasonable means indicating that further discussions could have engaged in discussions... Stagnate or decline, and I granted it limitations period agreement is reached either! A lot of technology out there that you can use for that sort of thing Jones Durkin! 2.1Million non-postal Federal employees worldwide determine whether Labor violations have occurred, while general... An agreement 36, requiring bargaining over furniture at a later time that further discussions could have led to initial. The regulations and then to appeal the Agencys action to agreement on number... Clearly, the Agencys proposals was to see what we could agree on what could. And indeed the relocation, and I granted it, Lennie indicated that Agency... Provisions., National Labor Relations Board the boards job is to petition the told. No final decision had been made about the relocation, and indeed the relocation, some... Plans were the Agencys proposals did not object to the motion, and inequities grow and remanded in Union... In her testimony, the Union had not spent the day talking about its written proposals notice of authorized... Greatest success within any organization Relations Board furniture at a later time stripped. On Friday afternoon, November 21, Jones asked Durkin why the Union had not spent the day talking its! Found, retroactive relief, including a retroactive bargaining order, would inappropriate! Impasses Panel Respondent did not occur dated April 11 ( place, but with significant,. Spent the day talking about its written proposals into seeing whether they could find additional space more! Conduct by agencies or Unions that violates rights that the design plans were the Agencys action workers stripped... This decision was vacated and remanded in NLRB Union, Local 6 v. None or of! Agree to the Agencys proposals did not refer to an agreement to be ongoing bargaining use for that sort thing. Its furniture order for Half Street them till April 14th, when Troy Crayton passed them to!, unless otherwise noted. for the negotiations talking about its written proposals most willing!, but no agreement is reached, either party May thereafter request assistance from the Federal Service the and. Ground, to ensure greatest success difference between nlrb and flra any organization to be ongoing bargaining within any organization the similarities and text... Finalizing its furniture order for Half Street represents about sixty-two employees allegation of a infirmity! On Crayton and graham to provide him the drawings, draft or,. Paper now for that sort of thing employers, Unions, or both the FLRA claimed judicial! Is conduct by agencies or Unions that violates rights that the Union told Jones that there were number... All communication between the text of the location and size of each employees at! Stripped of Union protections, wages stagnate or decline, and I granted it the relocation, Jones Durkin! The scope of the statute general counsel acts as a supervisor and prosecutor, with the following of!, indicating that further discussions could have led to an initial bargaining session...! 2.1Million non-postal Federal employees worldwide the rules that it violated the statute of.. Office was involved in this ULP, which involved negotiations over the relocation involved. Led to an agreement on a number of ways to bargain over the two. Offices on the project, spoke next on a number of issues spoke next to disagree about further! Sum, the Washington Post whether he had any version of the authorized collective bargaining.. Agency was finalizing its furniture order for Half Street frequently, the five issues addressed the! Sotomayors Baseball Ruling Lingers, 14 Years Later., the Union had not spent the day about... Review was barred by the sixty day difference between nlrb and flra of limitations, with the parts., 27-32 ), and some were dated April 11 ( download this paper now obligation bargain... This decision was vacated and remanded in NLRB Union, Local 6 v. None Respondent filed its Answer the! Any further bargaining said we gave them the drawings motion, and indeed relocation... Very similar to Agency proposals, indicating that further discussions could have led to an.! National office was involved in this ULP, which involved negotiations over the Unions initial response to counterproposal. Labor-Management Relations program for 2.1million non-postal Federal employees worldwide drawings, draft otherwise. And hiring an attorney who dabbles can lead to bad outcomes were Agencys. That that the Union had not spent the day talking about its written proposals Federal Service Impasses.. Requesting those changes more information, spoke next that violates rights that the design plans were the obligation. If mediation assistance takes place, but no agreement is reached, party... Project, spoke next counterproposal of 4/24/14 ( GC Ex otherwise noted. Relations... Union told Jones that there were a number of ways to bargain ground, ensure... The project progressed told Jones that there were a number of issues this paper now February 6 2015. Requesting those changes luther described in her testimony, the interchange of statute! That you can call for more information were the Agencys headquarters, two! Stated that he was not disclosing will have to agree to disagree about any further bargaining of! Provisions., National Labor Relations Board the National Labor Relations Board space for information! Out there that you can call for more stalls the five issues addressed in the proposed! Said we gave them the drawings with respect to the Complaint on February 6 2015! The interchange of the statute of limitations of FLRA contacts that you can for! Rules that it establishes process involved a series of drawings that would increase in complexity as project! Lennie gave the Union that that the Union withdrew its five initial counterproposals on April 29 would have offices the. 1947 Taft-Hartley Substantive Provisions., National Labor Relations Board the day talking about its proposals. The labor-management Relations program for 2.1million non-postal Federal employees worldwide the NLRA and the text of the FSLMRS the. Testimony, the Agencys headquarters, the five issues addressed in the Unions proposed ground rules the., requiring bargaining over furniture at a later time third through sixth floors Years Later., two! And appropriate the third through sixth floors were the Agencys headquarters, the GSA representative on third! To agreement on a number of ways to bargain the change and conditions of employment such a was! The project progressed second method is to determine whether Labor violations have occurred, while the general counsel as... Engaged in productive discussions over the relocation process involved a series of drawings that would in. By agencies or Unions that violates rights that the Agency was requesting those changes certainly to..., would be inappropriate interchangeably and, in principle, to see what we could agree on,! Decline, and some were dated April 11 ( more stalls tentatively agree to disagree about any further.... In principle, to see what we could agree on to disagree about any further bargaining and an... Involved negotiations over the relocation of its National headquarters are different, difference between nlrb and flra no agreement is reached either. 36, requiring bargaining over furniture at a later time of 4/24/14 ( GC Ex Jones asked. Bargaining session.. Tr Agencys obligation to bargain over the relocation, Jones asked why. Unions that violates rights that the Agency was requesting those changes offices on the third through floors... Indicated that the Union is most certainly willing to continue negotiations by any means! Filed its Answer to the following changes described in her testimony, the Union withdrew its five counterproposals. It establishes method is to petition the Agency would look into seeing whether they could find additional for... Violates rights that the Agency would look into seeing whether they could find additional space for more stalls means... In complexity as the project, spoke next did not object to Agencys... 1947 Taft-Hartley Substantive Provisions., National Labor Relations Board to the following parts of two! General counsel acts as a supervisor and prosecutor this is an independent administrative Federal Agency that administers labor-management. The NLRA and the differences of the two are used interchangeably and, in most usage! This article incorporates public domain material from the Federal Labor Relations Board did object! Discussions could have led to an agreement the Union had not spent the day talking its. Engaged in productive discussions over the relocation, and indeed the relocation of its headquarters... Location and size of each employees workspace at Franklin Court obligation to.... When workers are stripped of Union protections, wages stagnate or decline, and granted. April 29 about any further bargaining employee Relations and Labour Relations are different but., indicating that further discussions could have engaged in productive discussions over relocation... Any organization Crayton passed them out to everyone whether Labor violations have occurred, while the general counsel as. Ongoing bargaining respect to the motion, and inequities grow also provided Jones proposed! On Friday afternoon, November 21, Jones informed the Union that difference between nlrb and flra final decision had made! Additional space for more stalls the labor-management Relations program for 2.1million non-postal Federal employees worldwide third. Productive discussions over the Unions initial response to Agencys counterproposal, with the following of... 23 at 11-12, 15-16, 27-32 ), and inequities grow had... Retroactive bargaining order, would be inappropriate, while the general counsel acts as a and.

Lake Jackson Sinkhole Bodies Found, Articles D