NLRB Guilty of an Unfair Labor Practice Says FLRA: Eating Crow Ain't No Fun, So Will the Board Appea

[Omaha Steve]

http://www.fedsmith.com/article/1893/

By Bob Gilson

Tuesday, March 3, 2009

In a case not yet published on its website, 63 FLRA No.41, FLRA found the NLRB guilty of an unfair labor practice and ordered it to:

1. Cease and desist from:

(a) Refusing to bargain with the National Labor Relations Board Union (Union) as the exclusive representative of the consolidated bargaining unit certified on June 8, 2007.
(b) Otherwise refusing to accord the Union its statutory status as the exclusive representative of the consolidated bargaining unit certified on June 8, 2007.
(c) In any like or related manner, interfering with, restraining or coercing its employees in the exercise of their rights assured by the Statute.

2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute:

(a) Recognize the Union as the exclusive representative for the following consolidated bargaining unit which was certified on June 8, 2007, and accord the Union its statutory status as the exclusive bargaining representative of the employees in the unit:

All nonprofessional employees of the National Labor Relations Board and Office of the General Counsel and all professional employees of the General Counsel in the Regional, Subregional and Resident Offices, excluding all other professional employees, management officials, supervisors and employees described in § 7112 (b) (2), (3), (4), (6) and (7) of the Statute.

(b) Upon request, negotiate in good faith with the Union over conditions of employment of its employees in the consolidated unit certified on June 8, 2007.

(c) Accord the Union and the employees in the consolidated bargaining unit certified on June 8, 2007, all rights and entitlements provided in the Statute.

(d) Post at all of its facilities where employees in the consolidated bargaining unit certified on June 8, 2007, are located, copies of the attached Notice on forms to be furnished by the Authority. Upon receipt of such forms they shall be signed by the Respondent's General Counsel, and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted. Reasonable steps shall be taken to ensure that such Notices are not altered, defaced, or covered by any other material.

(e) Pursuant to § 2423.41(e) of the Authority's Regulations, notify the Regional Director, San Francisco Regional Office, Federal Labor Relations Authority, 901 Market Street, Suite 220, San Francisco, CA 94103-1791, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply.

What's This All About?

To recap, in December 2008, the FLRA ruled that the Board's unionized workers may consolidate into a single bargaining unit despite the Board's claim that doing so will violate its enabling legislation. This case is called NLRB 2. It involved a request from the Board for the FLRA to reconsider its decision in a 2007 case referred to as NLRB 1 which ordered the Board to bargain with the union representing the consolidated unit. Are you with me so far?

FULL story at link.

[elleng]

1. GREAT NEWS!

F. U., elaine chao!!!!