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74-75; GC Ex. . Some of the drawings were dated April 9 (GC Ex. This briefing concluded the days activities. Find a listing of FLRA contacts that you can call for more information. 29 at 1. measurements of those offices. 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. 1935 Passage of the Wagner Act., National Labor Relations Board. Graham testified that the Agencys comments to GSA incorporated . . 468-71; Upon receiving the Agencys counterproposals, the Union team caucused to prepare its own response. 30 at 3) were highlighted by the Union team in the late afternoon of April 24, because these were issues where there was common ground . . GC Ex. Dec. 4, 1987), NLRB Union v. Federal Labor Relations Authority, 834 F.2d 191, 1987 U.S. App. Tr. 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. Later that day, Woodcock met with NLRB General Counsel Griffin in his office. . 300, 439-41. Which Jobs and Sectors Are Not Protected by the National Labor Relations Board (NLRB)? Our bottom line view at this point is that we have fulfilled our obligation to bargain under the terms of [the] ground rules agreement. . 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. GC Ex. Ex. On May 16, Jones advised the Union that mediation would be pointless[,] since we have moved forward in accordance with the GSAdirective. GC Ex. 199. Tr. 3; Tr. On Wednesday, April 23, the Unions bargaining team met with Agency representatives Jones and Graham. 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. . Tr. As part of this process, the Agency established the Space Advisory Committee around November 2012. . For all of the above reasons, the Agency failed to bargain in good faith and violated 7116(a)(1) and (5) of the Statute. Unfortunately, we were not able to reach agreement. GC Ex. The next day, Woodcock informed Jones that the Union would be willing to meet with him to discuss furniture, but that the meeting would not constitute bargaining or a satisfaction of the Agencys bargaining obligation, in light of ongoing efforts to settle the underlying ULP charge previously filed by the Union. While the NLRA governs labor relations for most private sector employers, it specifically excludes employers covered under the Railway Labor Act ("RLA") the earlier federal statute enacted to avoid interruptions to interstate commerce and transportation via rail or air. WE WILL NOT unilaterally change working conditions of employees in the bargaining unit represented by the Union concerning the relocation of the Agency headquarters without notifying the Union and affording it an opportunity to negotiate to the extent required by the Statute. For example, where attorneys that practice mainly employment law can spend a significant portion of their time dealing with the court system, labor law attorneys may only sparingly deal with the court system because most of their time is spent with government agencies. 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. 431. And, without strong enforcement of labor laws, unions cannot effectively function. . Are You Covered?, Federal Labor Relations Authority. Upon receipt of such forms, they shall be signed by the General Counsel and the Chairman of the National Labor Relations Board, and shall be posted and maintained for sixty (60) consecutive days thereafter, in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted, nationwide. Tr. Also on April 14, an architect at WDG provided Jones with updated drawings for Half Street. The next day, Luther informed Jones, In light of your rejection of our . The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). The Agency would have offices on the third through sixth floors. . Tr. Thus, when the Union asked to bargain on February 5, the Agency was required to do so. and it didnt fit. Tr. The FLRA is charged with safeguarding. Theres a lot of technology out there that you can use for that sort of thing. Tr. . A few days later, the Union tried to initiate mediation of the dispute, but the Agency refused to participate. 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. Organized labor is a strategy where workers join together in unions in order to negotiate for better wages and working conditions. . 14 at 3. 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. Event Location: This training will be conducted virtually using WebEx during CST. When some alternative features were suggested, he said, no, weve tried that . . With regard to whether the ground rules agreement limited bargaining to April 23-24, Jones testified that he removed the word initial from the Unions proposed ground rules, stating, I wanted people to understand . 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. Otherwise, if retroactivity of any term is dependent on the Respondents consent, the negotiations are likely to be as fruitless as those on April 23 and 24. the design drawings were not adequate . Notwithstanding the lack of an agreement with the Union on the impact and implementation of the relocation, the Agency asserts that it fulfilled its bargaining obligation because (1) the Union had waived its right to bargain beyond April 24 by signing the ground rules agreement, and (2) the negotiations reached impasse on April 24. More information to follow. 3; Tr. Durkin reiterated that the Union disagreed with that position. First, on the morning of April 24, the Agency revealed that it lacked information on, and had not made decisions about, issues pertaining to frosted glass (Union Proposal 14), cubicle height (Proposal 20), task lighting (Proposal 24), coat hooks (Proposal 28), and furniture (Proposal 36). 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 Agency insists that a fixed date for concluding negotiations is implied in the ground rules, but the law requires such a waiver of the Unions statutory rights to be explicit. But the ULP also involved, and was of concern to, the Unions members outside the Washington, D.C., area, as the bargaining units are nationwide in scope and many of the Union negotiators worked outside Washington. Marvin E. Kaplan. 366. The National Labor Relations Board is an independent federal agency vested with the power to safeguard employees' rights to organize and to determine whether to have unions as their bargaining representative. 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. Ex. 403-04. Ex. We had stated directly in our proposals for a tentative agreement that we were willing to bargain by any. Specifically, the Authority has found that office relocations involve changes in conditions of employment, and that agencies must negotiate the impact and implementation of such moves that is, the procedures to be followed in implementing the relocation and appropriate arrangements for employees affected by the move. However, other actions by the Agency on and before April 25 contributed to the failure and ultimate breakdown of negotiations. On March 14, Durkin proposed two consecutive days of face-to-face bargaining, to occur on April 16 and 17. Durkin added, Weve used email exchanges, teleconference exchanges, and videoconference exchanges with the Agency numerous times, at the drop of a hat, including over this relocation process and over the ground rules. The Chicago Regional Office of the Federal Labor Relations Authority offers this training to parties involved in "change bargaining" under the Federal Service Labor-Management Relations Statute. The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). 3 at 1. 13, 15. GC Ex. When the National Labor Relations Board announced that it would be moving its headquarters to a new building in a different part of the District of Columbia, the National Labor Relations Board Union asked to bargain over the relocation, and the parties ultimately signed a ground rules agreement providing for two days of bargaining. . GC Ex. 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. The National Labor Relations Board (NLRB) and the Federal Labor Relations Authority (FLRA) no longer deliver on their respective statutory mandates to protect the rights of workers to form, join and support a union and encourage the practice and procedure of collective bargaining; and, Pro-worker decisions were issued under the Obama-era federal labor boards, but we are seeing significant retrenchment under the current NLRB and FLRA. 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. The Union caucused briefly to consider what to do next. However, we are willing to tentatively agree to the following parts of the Agencys counterproposal, with the following changes. GC Ex. The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions. 104. Well meet today and tomorrow [April 23-24], and thats it. Tr. full proposals. 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. The Taft-Hartley Act is a 1947 federal law that limits the activities and power of labor unions. . GC Ex. # 65880 | 2,202 words | 5 sources | MLA | 2006 |. Tr. Since its inception in 1935, the NLRB has successfully defended the rights of private-sector employees across all types of industries. Mla | 2006 | of labor unions the failure and ultimate breakdown of negotiations practices ( )... 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