166. Durkin also asked if the Agency could put offices or workstations in space slated for socializing; the Agency did not have a response to that request. 116. GC Exs. 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. 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. View the legislative history of the Federal Service Labor-ManagementRelations Statute, the Civil Service Reform Act, andthe Foreign Service Act. Since the Union had been actively pursuing mediation, the Union team understood this to mean that the Agency was refusing to engage in mediation. The parties discussed the number of stalls needed in the mens and womens restrooms (Union Proposal 31), and the Union team argued the Agencys floor plan was grossly inadequate. 7101-7135 (the Statute), and the Rules and Regulations of the Federal Labor Relations Authority (the Authority or FLRA), 5 C.F.R. We had stated directly in our proposals for a tentative agreement that we were willing to bargain by any. The National Labor Relations Board is a federal agency that enforces the National Labor Relations Act. She has conducted in-depth research on social and economic issues and has also revised and edited educational materials for the Greater Richmond area. The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions. 401. 300, 439-41. . At the same time, negotiations were also underway with the Union, Agency and FLRA to settle the Unions ULP charge. and it didnt fit. Tr. The Agency denied the request, insisting that the ground rules limited bargaining to two days. 367, 465. 30. . The Union caucused briefly to consider what to do next. 7101-7135. Employment Laws Should those rights not be respected and lead to unfair treatment, its the NLRBs job to investigate and, if necessary, take action. Nobody disputes that. Tr. 14 at 3. 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). Griffin also referred to competing concerns from the different divisions within the Agency. Tr. The Respondent has the burden of proving any affirmative defenses. 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. GCExs. Although it kept the Space Advisory Committee apprised of what was happening with the construction and allowed the committee members to express their opinions at certain times, many of the committee members were not part of the Unions bargaining unit, and this process was not bargaining. With regard to the dates for bargaining, Durkin testified that the ground rules agreement went into detail concerning face-to-face bargaining, but not concerning other types of bargaining such as by email or teleconference. Additionally, the evidence conclusively demonstrates that the parties had not reached impasse. You can learn more about the standards we follow in producing accurate, unbiased content in our. 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). 109-10, 256-57. The National Labor Relations Board will be soliciting public input on the use of videoconference technology to conduct, in whole or in part, all aspects and phases of unfair labor practice case and representation case proceedings, and on potential amendments to its procedural rules regarding the use of videoconference technology. Tr. 2423.32. The Authority viewed the applicable "law" to be the "management rights" provision under section 7106 of the FSLMRS. Asked why the Agency rejected the Unions counterproposals, when those counterproposals largely accepted Agency positions, Jones stated: We werent going to start bargaining piecemeal, at least not at that point. In order to evaluate this defense, I consider the meaning of the ground rules agreement, using the standards and principles of interpreting agreements applied by arbitrators and the federal courts. 5 C.F.R. Since its inception in 1935, the NLRB has successfully defended the rights of private-sector employees across all types of industries. # 65880 | 2,202 words | 5 sources | MLA | 2006 |. 106. 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. GC Ex. The Agency isnt even prepared to make decisions on these aspects[] of the relocation. The most important decisions allocating space to each of the Agencys various departments, determining the size and number of offices, cubicles, and break rooms had already been made by the time the Union first saw the floor plans on April14. Tr. 4 at 9. One example of such a proposal was Union Proposal 36, requiring bargaining over furniture at a later 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? On the morning of Tuesday, April 22, the Union bargaining team, and Jones, Graham, and Lennie, toured Half Street, whose interiors were still mostly empty. 403-04. 236. The issue before me is whether, by participating in the two days of negotiations called for in the ground rules agreement, the Agency fulfilled its statutory duty to bargain concerning the relocation. . NLRB Deputy General Counsel Jennifer Abruzzo and Chief Financial Officer Ron Crupi then informed the union officials about financial aspects of the move. 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. 32 at 1. Accordingly, the relocation process and its accompanying deadlines did not excuse the Respondents refusal to continue bargaining between April 25 and May 9 or thereafter. "University of Southern California. Labor law governs union and management relationships and employee collective bargaining rights. They were joined by Lennie, Abruzzo, and Robert Schiff, the Chairmans Chief of Staff. Well meet today and tomorrow [April 23-24], and thats it. Tr. It also helps employees conduct union elections. The list of these laws is long and growing. Featherbedding describes an unlawful practice of forcing employers to increase labor costs, such as hiring unnecessary workers. Ex. GC Ex. Watch free online FLRA trainings on our Youtube channel and dont forget to subscribe to receive updates on new videos. 237-38. There has been no senate-confirmed General Counsel since Julia Akins Clark left the post in January 2017, and no Acting General Counsel between November 2017 and March 24, 2021, when President Joe Biden named Charlotte A. Dye to be Acting General Counsel. Indeed, it appears that the ground rules were hammered out entirely by exchange of email, rather than by telephone or face-to-face discussions. This includes such matters as union organizing, collective bargaining negotiations, and unfair labor practice charges. . Introduction to the FLRA.. Between April 29 and May 12, Union officials attempted to initiate mediation of the dispute with the FMCS. 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. 2; Tr. 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. In the months after unilaterally and unlawfully terminating bargaining on April 25 and refusing mediation on May 16, the GC asserts that the Agency proceeded to make and implement unilateral decisions concerning the relocation decisions on issues that were addressed (but not resolved) in the April negotiations, and that should have been negotiated with the Union. Tr. . 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