FLRA Says NLRB Committed Unfair Labor Practice by Refusing to Bargain

The union representing the employees of the National Labor Relations Board (NLRB) sought to consolidate four separate units of NLRB employees. The relevant section of the Federal Service Labor-Management Relations Statute, permits unions to request consolidation of separate employee groupings if the Federal Labor Relations Authority (FLRA) determines that the larger unit is appropriate under the labor law covering federal agencies. After the FLRA determined that the consolidated unit would be appropriate, the union held an election in which the affected employees voted for inclusion into one consolidated unit. The NLRB refused to bargain with the consolidated unit. The NLRB asserted that the combined unit violated the National Labor Relations Act (NLRA). The union filed an unfair labor practice charge with the FLRA. The FLRA found that nothing in the plain language of the NLRA prohibited consolidation, and that the NLRB did not raise any new evidence or special circumstances that would allow it to re-litigate the FLRA’s prior decisions concerning the bargaining unit issue. Accordingly, the FLRA found that the NLRB committed an unfair labor practice by refusing to bargain with the consolidated unit. The NLRB is seeking court review of the FLRA’s finding.

NLRB, 63 F.L.R.A. No. 41, 2/11/09