274. 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. 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. Ex. . Tr. At that point, it was apparent to both parties that these decisions could not be made until much later in the relocation process, and indeed Union Proposals 35 and 36 sought to commit the parties to negotiations when they possessed the necessary information to resolve them, rather than in April, when both sides were buying a pig in a poke. Tr. The reason that knowing the distinction between employment laws and labor laws is important, especially when hiring an attorney, is because lawyers who claim to be both labor and employment lawyers have a tendency to specialize in one and dabble in the other. An agencys regulations may be attacked in two ways after the statute of limitations has expired. The FLRAs one-stop shop for all things training with upcoming in-person events near you, YouTube videos, agency training contacts and more. The chairman is also ex officio chairman of the Foreign Service Labor Relations Board. Finally, it should be emphasized, as the Authority did in. ssues. Investopedia requires writers to use primary sources to support their work. The participation of employees in the formulation and implementation of employee policy and procedures affecting them contributes to the effective conduct of public business. Harry Jones, Assistant General Counsel for Labor and Employee Relations, represented management during the move. 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. 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. On Monday, April 21, the Union submitted forty-one bargaining proposals. WE WILL 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. 12 at 1. Between April 29 and May 12, Union officials attempted to initiate mediation of the dispute with the FMCS. 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. 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. 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. The obligation to bargain over a relocation arises when a lease is signed (if not earlier) and the union requests to bargain. The purpose of the NLRA was to codify the federal policy favoring industrial relations stability and employee free choice. Tr. During these negotiations, the Agency spokesman stated that the Agency did not have information on, and had not made decisions about, several issues raised in the Unions proposals, including matters relating to the office furniture to be used at the new headquarters. Tr. 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. The NLRB administers and enforces the National Labor Relations Act, conducting secret ballot elections to determine whether employees wish to be represented by a union, and resolving alleged ULPs committed by employers and unions in the private sector. 324. , 41 FLRA at 350-51. Brief Fact Summary. Although the Agencys counterproposals didnt address this issue, and the Agencys existing floor plans contained no details about furniture, Jones testified that this could have been negotiated on April 24, and the Agency would have entertained Union furniture proposals on April 24, if the Union had demanded specific types of desks or chairs. Iagree with the Union that this was not sufficient time for the Union to respond fully to the Agencys counterproposals. Concurrence. 38. GC Ex. 162.) But the agency told the union that no final decision had been made about the relocation, and indeed the relocation did not occur. President John F. Kennedy (Memorandum to the Heads of Agencies on Employee-Management Relations in the Federal Service, June 22, 1961). Additionally, the evidence conclusively demonstrates that the parties had not reached impasse. Tr. 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. . He said that when the management team caucused after lunch on the 24th, we were only able to begin discussion of the Unions 40+ 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. Where they mainly differ is in the portion of the workforce they serve. 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. But this interpretation requires an emphasis on selective phrases in the agreement, at the expense of its context. 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. 2; Tr. The fact that the parties disagreed. One example of such a proposal was Union Proposal 36, requiring bargaining over furniture at a later time. Lauren M. McFerran, Chairman. . Finally, the GC requests a nationwide posting. Workers who believe their rights have been violated, or who have witnessed an employer or union engaging in unlawful conduct, can contact one of these offices and file a charge. 7101-7135. 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. Tr. 34. 91. As an attorney, I am often asked what the difference is between employment law and labor law. 13 at 1. 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. 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. Tr. Tr. 32-33. On Friday afternoon, November 21, Jones informed the Union that that the Agency was finalizing its furniture order for Half Street. A petitioners claim that a regulation suffers a substantive deficiency other than lack of statutory authority can be heard on appeal after an agency denies the petition, but the review is limited to the narrow issues defined by the denial of the petition. Ch. 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. 121, 413, 448-49; GC Ex. 22 at 3-5. 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. (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. When parties are engaged in bargaining over a proposed change in conditions of employment, an agency is generally required to maintain the status quo pending the completion of the entire bargaining process, including the opportunity to pursue impasse resolution procedures. 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. Learn more about federal labor-management relations, including unfair labor practices, representation matters, impasses, and negotiability. Although Jones insisted in March and April that the Agency had not received preliminary drawings or floor plans for the new offices until April 14, the record demonstrates that the architects had submitted a series of proposed floor plans to the Agency prior to April 14, and that Agency officials had been engaged in detailed discussions with the architect and with GSA about the adequacy (or inadequacy) of the space being allocated to the NLRB. Tr. 47 FLRA at326-27. 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. I conclude that the November bargaining offer was not sufficient, for two reasons. GC Ex. 39. The NLRB was given the power to resolve labor disputes through quasi-judicial proceedings and was assigned two principal functions: The National Labor Relations Act (NLRA) was amended by Congress several times, including in 1947 through the Taft-Hartley Act, in 1959 through the Landrum-Griffin Act, and in 1974 when the NLRB was given jurisdictional authority over nonprofit hospitals and nursing homes. The agreement provided, in pertinent part: 2. To make matters worse, the Union was told that it only had a few days to make any further comments on the floor plans, and that all issues relating to the move had to be negotiated in that time even issues that were not tied to the Agencys final comments on the floor plans. 2423.32. The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions. 122. An overview of the similarities and the differences of the Federal Labor Relations Authority and the National Labor Relations Board. While the Union might have been able to figure out, from Joness repeated assertions, that the Agency would not agree to the Unions proposals calling for further bargaining (Union Proposals 35-40), it would nevertheless have been reasonable for the Agency to give specific written responses to the Unions proposals, or to offer its formula for handling these problems, so the Union could know where it stood. Find a listing of all of the FLRA's current job openings. The Respondent contends that if a violation is found, retroactive relief, including a retroactive bargaining order, would be inappropriate. This isnt to say that there are no attorneys that are able to successfully practice both employment and labor law. We also reference original research from other reputable publishers where appropriate. [2], The Authority adjudicates disputes arising under the Civil Service Reform Act, deciding cases concerning the negotiability of collective bargaining agreement proposals, appeals concerning unfair labor practices and representation petitions, and exceptions to grievance arbitration awards. GC Ex. Br, (2) the Unions proposals were focused almost entirely on the maintenance of the size of current office space and configuration[,] the Agency rejected the Unions space proposals, the Union did not retreat from its position on maintaining current size and configuration of office space in its partial counter, and the Agency rejected the Unions counterproposals (. Although both laws cover labor relations and rights, they . What We Do., National Labor Relations Board. The Agency isnt even prepared to make decisions on these aspects[] of the relocation. Employment laws are essentially all employment-related laws that are not labor laws. Jt. . Tr. (As it turned out, the Agency would end up staying past its lease, becoming a holdover tenant. Also, Jones acknowledged that [t]here wasnt a deadline on furniture for May 9th. Tr. 264). The Charging Party argues that the Respondent violated the Statute and that the Respondent should be ordered to return to the bargaining table participate in mediation conducted by the FMCS, if requested by the Union, and participate in proceedings before the Federal Service Impasses Panel, if agreement is not reached during renewed negotiations. Resp. National Labor Relations Board: 80 Years, Page 11. Notwithstanding the lack of drawings, Jones and Durkin began on March 12 to discuss ground rules and potential dates for negotiations. Their work to bargain over a relocation arises when a lease is signed ( if not earlier and... On March 12 to discuss ground rules and potential dates for negotiations to discuss ground rules and potential dates negotiations. 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