FLRA Issues Complaint Against SEC Alleging Violations of Federal Labor Law

02/02/2012

4/25/12: The Federal Labor Relations Authority (FLRA) today issued a complaint against the Securities and Exchange Commission alleging failure to bargain in good faith in violation of federal labor law in connection with the ongoing collective bargaining agreement negotiations with NTEU.

The FLRA is the federal agency charged with enforcing federal labor laws. The FLRA complaint arose out of unfair labor practice claims that NTEU filed last spring.

The duty to negotiate in good faith is the bedrock upon which federal labor law rests. Generally, it is defined as the obligation to participate actively in negotiations so as to demonstrate a present intention to find a basis for agreement. An agency should approach negotiations with an open mind and a sincere desire to reach agreement, and must make a sincere effort to reach common ground.

The FLRA is in charge of reviewing negotiations at the request of a party to determine whether the parties are negotiating in good faith. However, it is relatively uncommon for the FLRA to issue a complaint against a federal agency for engaging in bad faith bargaining in violation of federal labor law -- particularly against a high profile agency such as the SEC, which is itself responsible for the enforcement of federal laws. In fact, the FLRA has never issued a complaint against the SEC in any previous administration.

The next step in the process will be a hearing before the FLRA. The Union will provide updates as this situation unfolds.