OGC SETTLEMENT CORNER

WHAT IS THE OGC'S PURPOSE IN POSTING SETTLEMENTS OBTAINED IN ULP CASES?

The OGC encourages parties to voluntarily resolve their disputes at all stages of the ULP proceedings.  To that end Regional Office agents assist the parties if they indicate a willingness to discuss resolution. As a result, parties have entered into numerous novel settlement agreements resolving pending ULP cases.  The OGC's purpose in creating this page is to educate parties on the possibilities for reaching novel settlements and innovative remedies that meet their needs.  We will update this page periodically whenever an interesting settlement is obtainedThe parties are not identified to maintain confidentiality.

 

ATLANTA

Parties Agree that Agency will Reinstate Compressed Work Schedules 

The Agency notified the Union of its intention to terminate the compressed work schedules for several employees.  The parties engaged in negotiations for several months before the Agency sent the Union its last offer.  The Union objected to the final offer and attempted to request assistance from FSIP.  However, for various reasons, the Union did not request assistance for three weeks.  The Agency implemented the new work schedule terminating the compressed work schedules. The Region decided that the Agency, not the Union, had the duty to request approval from FSIP before terminating compressed work schedules according to the plain language of 5 U.S.C. 6131(c)(3)(D).  This statutory provision states that an agency may not terminate an alternative work schedule unless (1) the contract covering the alternative work schedule is terminated or expires or (2) FSIP approves the termination. Legislative history is also clear that “In no circumstances may an agency terminate a schedule which is subject to a negotiated agreement before the Panel makes a final determination.” The Region assisted the parties in reaching the following agreement: A notice posting (e-mail and bulletin boards) and a return to status quo ante.  The status quo ante remedy was delayed for 30 days to allow the Agency to give the employees thirty-days’ notice, as required by the contract, before changing schedules.  It also serves the practical purpose of ensuring employees can prepare for the change in work schedule.  (5/14)

Parties Agree to Create a Form to Clarify Union Representatives

The Region assisted the parties in reaching a party settlement in this case, which was one of numerous cases involving alleged refusals to recognize Union representatives.  Many of the cases involved situations where employees were technically not entitled to representation, but this particular case involved coercive statements as well.  The Region recognized that the problem was mainly a bad relationship and assisted the parties in creating a Representation form that will clarify the identity of the appropriate representative in a given situation, and an agreement to jointly attend web-based FLRA Basic Statutory Training on the Rights and Obligations under the Statute.  (5/14)
 

BOSTON

Parties Agree that Employees Will Return to their AWS

The Region negotiated a post-complaint settlement agreement that called for the Respondent to return employees to their
AWS and to bargain before making future changes to the AWS.  The Respondent also posted a notice and sent an e-mail to all bargaining unit employees detailing the settlement.  (5/14)

 

DALLAS 

Parties Agree to Negotiate Agreement to Implement Arbitration Award

The parties had received an arbitration award ordering management to implement the Union’s proposed compressed work schedule and to agree on implementing procedures. The parties thereafter agreed on a roster for the compressed schedule, but the Agency unilaterally implemented a different roster. In view of the bargaining history between the parties, the Region worked directly with them to negotiate the implementing agreement. The resolution included a posting by the top Agency management official.  (2/14)

 

DENVER

Parties Agree to Resolve 12 ULP charges Alleging Formal Discussion Violations

The Region assisted the parties in reaching a party settlement on 12 ULP charges alleging that the Agency conducted formal discussions in numerous offices.  The resolution provided that a particular senior manager would sign and electronically distribute a Memo to all affected employees, acknowledging the Agency’s obligations, and affirming its commitment to a healthy labor-management relationship.  The parties were pleased with the settlement, and the Region saved considerable time and resources that would have been required to conduct the full investigations/litigation.  (5/24)

Parties Agree that Manager will Sign and Identify Violation in E-mail Sent to Employees

The Region facilitated a pre-complaint resolution in a case where the Charging Party alleged that a supervisor threatened to increase the severity of an employee’s disciplinary action if he pursued the matter through the Union. The settlement required the offending manager to sign and electronically distribute a Notice To All Employees, identifying the violation.  (5/14)


SAN FRANCISCO

Parties Agree to MOU Concerning Data Requests, Formal Discussions, and FLRA Joint Statutory Training

The Region facilitated settlement of three ULPs. In the MOU management agreed to respond to data requests submitted by the Union; rescind a memorandum for record that was issued to a Union representative for what he did while engaged in protected activity; and allow Union representatives to speak at formal discussions. And, under the terms of the MOU, within 6 months of the agreement, the parties will ask the FLRA for joint statutory training.  (5/14)

Parties Agree to MOU Agreeing to Negotiate Work Space and Safety Issues and to Post the MOU on Bulletin Boards

The Region settled three ULP cases during investigation. The charges alleged unilateral changes in employees’ work space in a leased building, and safety issues related to management’s installation of locks on examination rooms. In the MOU the parties agreed to negotiate, and also agreed to post the MOU on agency bulletin boards, and email it to unit employees.  (5/14)

 

WASHINGTON

Unilateral Settlement Agreement Includes Email and Physical Po