and it didnt fit. Tr. Durkin testified that around this time, the Union team told the Agency team that they were willing to continue bargaining, but we cant continue and expect to wrap up bargaining that night. Tr. Declaring an impasse is significant, because it communicates to the opposing side that the time for invoking impasse procedures has arrived. (All communication between the parties was by email, unless otherwise noted.) 148-49, 168. 123-24. 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. This article incorporates public domain material from the United States Government. In light of the fact that the bargaining offers were made in the midst of trilateral settlement negotiations, and that the Respondent was unwilling to settle the underlying ULP complaint against it, the offers were inadequate, using the NLRBs own case precedent as a benchmark. . The agreement provided, in pertinent part: 2. Durkin and Nixon reiterated their disagreement, with Nixon telling Jones, we dont have your proposals even. Tr. However, other actions by the Agency on and before April 25 contributed to the failure and ultimate breakdown of negotiations. 274. 403-04. 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. It is their duty, when called upon, to hear labor disputes and resolve them through quasi-judicial proceedings. and agreed to get it to us as soon as he was able to. Tr. With regard to the drawings, Jones stated, We have not yet received the final drawings from the architect.. 278. 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. Tr. On May 10, Graham submitted the Agencys revised floor plan drawings to GSA, with its comments regarding suggested changes. In its opening statement at the hearing, Respondents counsel similarly asserted that it had no further bargaining obligations regarding the relocation after it bargained on April 23 and 24. On February 5, Luther emailed Jones the Unions request to bargain over the relocation. 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 Agency denied the request, insisting that the ground rules limited bargaining to two days. 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. Find everything you need to know about filing a casewith the FLRA. 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. The FLRA initially decided that disclosure was "prohibited by law" under 7114 (b) (4). 278-79; GCEx. The Union team attempted to see what the differences were between the Unions proposals and the Agencys counterproposals. . 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. 1(a). The General Counsel argues that the Agency violated 7116(a)(1) and (5) when it refused to negotiate with the Union over the headquarters relocation on and after April 25. The Taft-Hartley Act is a 1947 federal law that limits the activities and power of labor unions. 91. Donna Nixon was scheduled to be on a flight that night. Thus the April 23 and 24 bargaining sessions scheduled in paragraph 2 were clearly not the only negotiations that the parties anticipated. With regard to the effect of the relocation on bargaining unit employees, it was undisputed that approximately 450 NLRB employees (including approximately 62 members of the NLRBU bargaining unit) would be required to work in a new building location in a different area of the city. 38. The Agency negotiators explained that the size of restroom facilities was based on a formula in an international code, while the Unions math is not based on anything; youre just coming up with numbers. Tr. . Shortly after Jones sent his email, the Union and Agency teams met briefly to gather their things and leave. Reasonable steps shall be taken to ensure that such Notices are not altered, defaced, or covered by any other material. GSA approved the increase, and the architects revised their drawings accordingly. The NLRB refused, and an unfair labor practice proceeding ensued. Where they mainly differ is in the portion of the workforce they serve. P. Br. . Tr. . 4 at 9. 30. Let us know what you think about our new and improved website by emailing us at EngagetheFLRA@flra.gov. If mediation assistance takes place, but no agreement is reached, either party may thereafter request assistance from the Federal Service Impasses Panel. 465. 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). [T]here were some [Union] proposals that were left out of our counter that we werent able to agree to. Tr. The President can designate the Chairman with no separate Senate confirmation required. Of those, Union Counterproposals 2 (ergonomic chairs), 3 (lockable storage), and 5 (storing paper and toner) were identical to Agency Counterproposals 13, 15, and 21, respectively. Tr. First, the Agency had already made the decision, with GSA, to utilize GSAs FIT program, which significantly narrowed the remaining options for furniture. 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. GC Ex. Larry Sutton, the GSA representative on the project, spoke next. On Wednesday, April 23, the Unions bargaining team met with Agency representatives Jones and Graham. As a result, when formal bargaining with the Union began on April 23, the floor plans were largely fixed, as the GC claims. 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. 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. . 23. Ex. GC Ex. Jt. LEXIS 15827, 266 U.S. App. Jones replied that same day, conceding that the process has fallen slightly behind schedule.. . The Respondent has the burden of proving any affirmative defenses. . Tr. 159, 162. 113. . So what we decided to do . The fact that the parties disagreed. Were moving. Durkin testified about several of the proposals discussed that day. 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. that the Agency had had the drawings for a month at that point in time. Tr. 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. 17 at 1. cubicles. It then listed five Union counterproposals (which are set forth in the appendix). 117. 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. Held. . 47 FLRA at326-27. 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. 121. . The Board is supported by a General Counsel, who is also nominated by the President of the United States, with the advice and consent of the Senate, for a term of five years. The History of Unions in the United States, Amazon (AMZN) Union Gets Split Decision in NYC, Bernie Sanders's Economic Plan: A Second Bill of Rights. The parties had only begun to discuss the many issues on the table, neither side had submitted a full range of counterproposals, and the Agency inexplicably refused even to attempt mediation. - Legal Principles in this Case for Law Students. On May 19, the Union filed the ULP charge. LEARN MORE Introduction to the FLRA Register for Training eFiling Getting Started FILE A CASE . 6. The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). 468-71; Upon receiving the Agencys counterproposals, the Union team caucused to prepare its own response. 43-44, 323, 404; GC Ex. 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. Watch free online FLRA trainings on our Youtube channel and dont forget to subscribe to receive updates on new videos. National Labor Relations Board: 80 Years, Page 11. , 41 FLRA at 340 n.*. 1(c). The participation of employees in the formulation and implementation of employee policy and procedures affecting them contributes to the effective conduct of public business. And hiring an attorney who dabbles can lead to bad outcomes. Preventing and remedying unfair labor practices orchestrated by employers, unions, or both. Ch. D.C. 165, 126 L.R.R.M. at 330. 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. at 41. I also believe that in these factual circumstances, the Union should, as the court envisioned in. Tr. 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. I conclude that the November bargaining offer was not sufficient, for two reasons. 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. Effective Friday July 31, 2020, the agency now extends the prohibition on in-person filings indefinitely. Tr. 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. Labor Union: Definition, History, and Examples. 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. These factors establish that there was a strong potential for further and productive bargaining, if only the Agency had the patience to persist beyond its arbitrary deadline. 39. 375. The General Counsel claims that the Agency was required to bargain until either an agreement or impasse was reached, citing. The agency is governed by a five-person board and a general counsel, who are each appointed by the U.S. president with the consent of the Senate. 42 at 1. Nonetheless, when the Union requested mediation, the Agency refused to participate. 431. Employment Law Research: What you should know about SEO, Minimum Wage: The difference between Federal and State laws, State Laws Federal Laws Topics Articles Resources, Pregnant Women: How to Create a Healthy Work Environment, New Job in Florida? Similarly, it is apparent that the parties were a few short conversations away from reaching agreement on the issue of an additional nursing room; Jones himself admitted that the parties were still in the early stages of bargaining when the Agency left the table. Yet on May 10, Agency officials submitted final comments on the floor plans to GSA and the architects, which paved the way for construction of the new offices to begin; and in subsequent months the Agency made other decisions on structural and design aspects of Half Street without negotiating with the Union. . Jt. . marked the opening to broader compromises, but the Agency chose instead to close the book on bargaining. 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