Tr. . 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. 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. . Hiro Isogai, a designer at WDG, showed slides of each floors layout, explained their details, and answered questions. at 30. Tr. Tr. (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. 25. (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. Conduct Elections informed the Union that the Respondent had fulfilled its obligation to bargain over the effects of the Headquarters Office Move, and that [s]ince on or about May15, 2014, the Respondent has failed and refused to negotiate with the Union over the Headquarters Office Move to the extent required by the Statute, in violation of 7116(a)(1) and (5) of the Statute. Finally, a nationwide posting will emphasize to employees that the agency that enforces labor laws in the private sector must itself comply with labor laws in the public sector. Nonetheless, the union and the GCargued that the agency was obligated to begin bargaining once the relocation was contemplated., . These activities are governed by a handful of federal and state laws, the most prominent being the National Labor Relations Act (NLRA). Substantive bargaining did not begin until the second day, at which time the parties discussed most of the forty-one proposals submitted by the Union. 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. 29. At 6:11 p.m., the Union sent the Agency a document titled Unions Initial response to Agencys counterproposal of 4/24/14. Tr. 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). . The General Counsel claims that the Agency was required to bargain until either an agreement or impasse was reached, citing. 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. 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. 116. Jt. 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. By walking away from the table before there was a deadlock, and by then implementing unilateral decisions concerning conditions of employment at the new building, the Agency violated its duty to bargain in good faith and thus violated 7116(a)(1) and (5) of the Statute. . Finally, the GC submits that the Respondents [h]alf-hearted, delayed (by months) and qualified bargaining offers in November 2014 and January 2015 did not cure its previous refusals to bargain. As for whether the parties reached agreement, Woodcock testified that the parties didnt come close to or even come to any kind of agreement or deal (Tr. This conclusion was verified by an exchange of emails on May 15 and 16. [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]. Tr. Case digests provide a brief synopsis of the most pertinent principles in merits decisions issued by the Authority. The Union team then met up with the remainder of the Agencys bargaining team. . Synopsis of Rule of Law. 166. Graham, who attended the meeting and who worked closely with the GSA contract officer, testified that once the comments on the preliminary drawings were submitted, it would have been difficult, if not impossible, for architects to change certain aspects of the design, such as the location of walls or the number or size of workspaces. When parties agree to language that expressly waives the statutory right to bargain, the Authority will find that such language constitutes a waiver.. The chairman is also ex officio chairman of the Foreign Service Labor Relations Board. The Union team had not seen the entire Franklin Court facility the previous day, so the parties agreed to spend the morning continuing Tuesdays walk-through. Tr. . 33, 42-43, 403; GC Ex. 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. Ex. WHEREAS: On May 10, Graham submitted the Agencys revised floor plan drawings to GSA, with its comments regarding suggested changes. These activities are governed by a handful of federal and state laws, the most prominent being the National Labor Relations Act (NLRA). 23. Since seven months went by after that declaration, with no negotiations, the Agencys limited offer to bargain in November was far too little, and extremely late. The FLRA was adopted after President Jimmy Carter sought legislation to bring comprehensive reform to civil service system and regularize federal labor relations. 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. In answering that question, it is important to evaluate whether the parties have thoroughly discussed the disputed issues and all ways of reaching a compromise on those issues. Tr. was very similar to Agency counterproposal 10, except that the Unions counterproposal specifies that the office would be consistent with the current design reflecting 108SF. Further, Union counterproposal 4 (coat hooks) is similar to Agency counterproposal 16, except that the Union added that it reserves the right to bargain and make proposals for other Unit employees who may have offices or cubicles in the new building. GC Exs. Collective bargaining is the process of negotiating terms of employment between an employer and a group of workers. Before the days session ended, Jones asked Durkin why the Union had not spent the day talking about its written proposals. 5 C.F.R. 25. Who We Are.. Durkin reiterated that the Union disagreed with that position. Union Counterproposal 1, pertaining to an office for the Washington Local. View the legislative history of the Federal Service Labor-ManagementRelations Statute, the Civil Service Reform Act, andthe Foreign Service Act. The General Counsel contends that the ground rules agreement does not excuse the Respondents actions. 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. 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? GC Ex. As for further bargaining, the Union stated that it was. [on] the 24th, we walked through each of these and there was some general discussion. The FLRA is charged with safeguarding the rights of certain non-postal federal employees, while the NLRB protects the rights of most private-sector employees. . means. Timing and Availability of Judicial Review, The Constitution and the Administrative State, Statutory Constraints on Agency Procedure, Constitutional Constraints on Agency Procedure, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam). The participation of employees in the formulation and implementation of employee policy and procedures affecting them contributes to the effective conduct of public business. Finally, it should be emphasized, as the Authority did in. The Agency offers two primary justifications for its actions: itargues that the Union waived its right to further bargaining when it agreed to the ground rules, and it further insists that when the second day of bargaining ended, the parties had reached impasse. . 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. The Authority has defined impasse as that point in negotiations at which the parties are unable to reach agreement.. . The National Labor Relations Board is a federal agency that enforces the National Labor Relations Act. On February 5, Luther emailed Jones the Unions request to bargain over the relocation. Around this time, an architecture firm, WDG, was selected to design the interior space at Half Street. 25 at 5, 7. On May 19, the Union filed the ULP charge. Ch. The Respondent has the burden of proving any affirmative defenses. Later that day, Stephen Sloper, a member of the Unions Executive Committee, asked FMCS Mediator Kurt Saunders to mediate the dispute. At the Agencys headquarters, the Union represents about sixty-two employees. GSA approved the increase, and the architects revised their drawings accordingly. 96-97. Theres a lot of technology out there that you can use for that sort of thing. Tr. , 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 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. 30-31, 215-16); Lisabeth Luther, a compliance officer based in the Indianapolis Regional Office (Tr. Learn more about federal labor-management relations, including unfair labor practices, representation matters, impasses, and negotiability. , 25 FLRA 787, 789-90 (1987). 115. But the Union had offered to provide the Respondent its counterproposals by April 30, and it is likely that the parties could have resolved many, if not all, of their disputes by May 9. Tr. The Agency denied the request, insisting that the ground rules limited bargaining to two days. GC Ex. 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 a listing of FLRA contacts that you can call for more information. Tr. 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. And at that time, at 6:30, the Agency had already rejected its own proposals. 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. The Respondent alleges that after meeting with the Union negotiating team on April22 and then bargaining with them on April 23 and 24, the parties had reached impasse, as neither party had budged an inch on its proposals on the size and configuration of space. Resp. They had just a few of the drawings. Tr. 127-28. Griffin also referred to competing concerns from the different divisions within the Agency. Tr. 366. 52. Jones stated that there were no existing drawings for Half Street, but he promised to provide such drawings [o]nce the architects have completed the design. GC Ex. 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. (a fact the Agency belatedly understood several months later, when it offered to return to the table), and the Agencys termination of bargaining in April was arbitrary and unreasonable. . 121. Impact of the NLRB on Professional Sports., The New York Times. Its work often makes the news and has helped to shape American labor practices. You can learn more about the standards we follow in producing accurate, unbiased content in our. . some of the areas [of] discussions that we had with the Union, such as the Unions suggestion to have a second nursing room. Employees can file a charge against and employer and labor union at one of its 26 regional offices and the NLRB will investigate. Some of the drawings were dated April 9 (GC Ex. , the agency must allow a reasonable time for the bargaining process to occur. The agencys board is also not permitted to act on its own motion and can only pursue cases that have been initiated by employees, employers, or unions. She has conducted in-depth research on social and economic issues and has also revised and edited educational materials for the Greater Richmond area. 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. 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. Subsequently, the GC, the Charging Party, and the Respondent filed post-hearing briefs, which I have fully considered. 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. Concurrence. GC Ex. . 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 . [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. . 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. Ex. 115-16. . In determining whether a party has fulfilled its bargaining responsibilities, the Authority considers the totality of the circumstances of the case. 40. As the GC has noted, between February 5 and April 14 the Union repeatedly requested preliminary drawings of the new offices floor plans and details regarding the size and configuration of the existing offices of bargaining unit employees.

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