difference between nlrb and flra

On Wednesday, April 23, the Unions bargaining team met with Agency representatives Jones and Graham. The Board is composed of 3 members, nominated by the President of the United States, with the advice and consent of the Senate, for a term of 5 years. On February 5, Luther emailed Jones the Unions request to bargain over the relocation. that these are the bargaining sessions and that if we need more, we can agree mutually to have more; but I didnt want anybody to think that we were agreeing to just have two opening sessions . . The Union is most certainly willing to continue negotiations by any reasonable means . Tr. By specifying the dates on which negotiations would occur, and by eliminating language proposed by the Union that referred to the sessions as initial bargaining, this language suggests that these were the only two days on which bargaining was required, and that further bargaining would be scheduled only by mutual consent. The NLRB Process 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. 32 at 1. Sotomayors Baseball Ruling Lingers, 14 Years Later., The Washington Post. Featherbedding describes an unlawful practice of forcing employers to increase labor costs, such as hiring unnecessary workers. there has to be an end point. The GC and the Charging Party argue for a retroactive bargaining order, while the Respondent argues that a retroactive order would be inappropriate. The Union team found several of the Agency proposals vague, as the Agency offered to use its best efforts to obtain certain design features (for example, Proposal 8) and agreed to other features only to the extent [that] the architects [WDG] can incorporate them into the drawings (for example, Proposals 19 and 20). These activities are governed by a handful of federal and state laws, the most prominent being the National Labor Relations Act (NLRA). The two had similar exchanges on March 10 and 24. This article incorporates public domain material from the United States Government. Tr. 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. 30 at 3. The NLRA, otherwise known as the Wagner Act, is one of the most groundbreaking labor laws ever enacted in the United States. 11 at 1. Gwynne A. Wilcox. When workers are stripped of union protections, wages stagnate or decline, and inequities grow. On April 10, the three of them discussed these issues over the phone. . Graham told them, [W]e dont know about furniture because the Agency doesnt have money, adding that the Agency planned to purchase furniture using a monthly payment plan administered by GSA. Ex. The architects finalized design intent drawings in August. Tr. Jones replied that the design plans were the Agencys proposals. As the judge noted in, There are a number of signs indicating that the parties were still in the early stages of bargaining when the Agency walked away from the table. 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. Learn more about federal labor-management relations, including unfair labor practices, representation matters, impasses, and negotiability. Jones replied, Not on April 10th. Over the weekend of December 13 and 14, the Agency needed to vacate a portion of its office space at Franklin Court to enable the new tenants to move in; this required employees in the vacated space to move into the remaining Agency space at Franklin Court. . GC Ex. By mutual agreement, the parties may agree to additional dates for face-to-face bargaining. The Agencys proposed interpretation of the ground rules also ignores paragraph 13, which states that either party may request mediation from the Federal Mediation and Conciliation Service (FMCS). Mutual consent is not required for mediation. The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). The FLRA claimed that judicial review was barred by the sixty day statute of limitations. Similarly, when Jones was asked whether the Union gave any oral supplementation to its counterproposals, he stated: I dont really recall. On April 17, the Union and the Agency exchanged communications (both verbally and in writing) that ultimately resulted in their reaching a ground rules agreement. 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. In response to Proposal 12 that employees who had window offices at Franklin Court would have the same at Half Street Jones stated, well try to see how many window offices we can get in the Washington Resident Office, but again they are the only people who have offices.. The FLRA is an independent administrative federal agency created by Title VII of the Civil Service Reform Act of 1978, also known as the Federal Service Labor-Management Relations Statute (the Statute ), 5 U.S.C. 3 at 2. It's a tool that's. 159-61; GC Ex. 51 at 7. , 41 FLRA at 340 n.*. According to its website, the NLRBs core duties are: The NLRB is a fairly small agency, with 26 regional offices dotted across the United States. When parties are engaged in bargaining over a proposed change in conditions of employment, an agency is generally required to maintain the status quo pending the completion of the entire bargaining process, including the opportunity to pursue impasse resolution procedures. 39. The Union stands ready and willing to continue good faith bargaining regarding the HQ relocation at mutually agreeable future times and dates. Based on the above precedent, I find that the planned relocation to a new building involved a change in conditions of employment. for commenting on the design drawings for Half Street. 85-88; GC Ex. 96-97. (c) In addition to physical posting of paper notices, the Notice shall be distributed electronically, such as by email, posting on an intranet or internet site, or other electronic means, if the Agency customarily communicates with employees by such means. GC Br. 288), and Graham and Jones both acknowledged that no agreement was reached. informed the Union that the Respondent had fulfilled its obligation to bargain regarding the headquarters office move, and that [s]ince on or about April 25, 2014, and May 15, 2014, the Respondent has failed and refused to negotiate with the Union over the headquarters office move to the extent required by the [S]tatute, in violation of 7116(a)(1) and (5) of the Statute. And hiring an attorney who dabbles can lead to bad outcomes. Tr. Labor law governs union and management relationships and employee collective bargaining rights. The Agency denied the request, insisting that the ground rules limited bargaining to two days. WHEREAS: In its opening statement at the hearing, Respondents counsel similarly asserted that it had no further bargaining obligations regarding the relocation after it bargained on April 23 and 24. Jt. The FLRA was adopted after President Jimmy Carter sought legislation to bring comprehensive reform to civil service system and regularize federal labor relations. The Federal Labor Relations Authority (FLRA) has a similar mandate to the NLRB. The Union team attempted to see what the differences were between the Unions proposals and the Agencys counterproposals. The parties discussed the number of stalls needed in the mens and womens restrooms (Union Proposal 31), and the Union team argued the Agencys floor plan was grossly inadequate. The Agency could not sincerely claim that the parties were at impasse until they had engaged in full-fledged negotiations over those additional counterproposals. 1959 Landrum-Griffin Act., National Labor Relations Board. After investigating the charge, the Regional Director of the FLRAs Chicago Region issued a Complaint and Notice of Hearing on January 12, 2015, on behalf of the FLRAs General Counsel (GC), alleging that, On May 15, 2014, the R. espondent . Thus, when the Union asked to bargain on February 5, the Agency was required to do so. These factors establish that there was a strong potential for further and productive bargaining, if only the Agency had the patience to persist beyond its arbitrary deadline. Durkin continued: As weve stated over the past two days, we do not agree that negotiations have concluded entirely merely because our two face-to-face bargaining, Agencys counter-proposals and reach an agreement on all of the subjects. 42 at 1. 278. Reasonable steps shall be taken to ensure that such Notices are not altered, defaced, or covered by any other material. . Tr. 16. The General Counsel argues that the Agency violated 7116(a)(1) and (5) when it refused to negotiate with the Union over the headquarters relocation on and after April 25. It just wouldnt work. Tr. GC Exs. Effective Friday July 31, 2020, the agency now extends the prohibition on in-person filings indefinitely. Tr. This is just one of a series of examples of the kind of power that the NLRB possesses. With regard to Proposal 14 that interior office windows have an opaque glaze or frosted glass Jones said, we havent chosen yet to frost or not frost, but we want it to be uniform, so we cant have individual people in individual offices choosing whether to have theirs frosted or not. Tr. But, he continued, there is not going to be ongoing bargaining. . In an exchange of emails between the Union and Saunders on May5, Luther reiterated the Unions interest in mediation to assist us in resolving the issues with the Agency, and she suggested the week of May 13th for that purpose. One member is appointed by the President to serve as chairman, chief executive officer, and chief administrative officer of the FLRA. Jones asked Durkin and Luther not to, saying, You agreed to a visual inspection and thats what we expect this to be. Tr. 29 at 1. As for further bargaining, the Union stated that it was. By terminating negotiations before the Union had a chance to submit a full set of counterproposals, the Agency undercut its claim that negotiations were at an impasse. . Employment laws are essentially all employment-related laws that are not labor laws. The Respondent alleges that after meeting with the Union negotiating team on April22 and then bargaining with them on April 23 and 24, the parties had reached impasse, as neither party had budged an inch on its proposals on the size and configuration of space. Resp. and it didnt fit. Tr. The Authority viewed the applicable "law" to be the "management rights" provision under section 7106 of the FSLMRS. AFSCME will also encourage elected officials at all levels to commit to allowing workers to freely choose unions by using voluntary recognition, expedited elections and neutrality agreements; and. If the parties had truly intended to establish a fixed time period for the negotiation of all issues related to the Agencys relocation, it could have done so, simply by stating that April 24 would be the last day for bargaining and by further specifying a fixed period for engaging in mediation and invoking FSIP assistance. Asked why the Agency rejected the Unions counterproposals, when those counterproposals largely accepted Agency positions, Jones stated: We werent going to start bargaining piecemeal, at least not at that point. Published on May 23, 2006 in Law ( Labor ) , Business ( General ) Tweet. . In determining whether a party has fulfilled its bargaining responsibilities, the Authority considers the totality of the circumstances of the case. FLRA vs. NLRB. But I find the determination of the Authority in the, situation strikingly similar to ours, to be instructive and persuasive. 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. 107. Because the negotiating table is so steeply slanted toward the Agency (due to its unilateral implementation of so many details of the relocation), a presumption of retroactivity is needed to restore the conditions that existed when negotiations began. 53-54. 129. With regard to the drawings, Jones stated, We have not yet received the final drawings from the architect.. While the Union might have been able to figure out, from Joness repeated assertions, that the Agency would not agree to the Unions proposals calling for further bargaining (Union Proposals 35-40), it would nevertheless have been reasonable for the Agency to give specific written responses to the Unions proposals, or to offer its formula for handling these problems, so the Union could know where it stood. Find a listing of all of the FLRA's current job openings. 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 . Between April 29 and May 12, Union officials attempted to initiate mediation of the dispute with the FMCS. 220. . Where they mainly differ is in the portion of the workforce they serve. The 60 day period for seeking judicial review set forth in the Hobbs Act is jurisdictional in nature, and may not be enlarged or altered by the courts. One example of such a proposal was Union Proposal 36, requiring bargaining over furniture at a later time. However, we are willing to tentatively agree to the following parts of the Agencys counterproposal, with the following changes. GC Ex. An overview of the similarities and the differences of the Federal Labor Relations Authority and the National Labor Relations Board. On April 16, the Union submitted a second information request, asking for documents showing the specific spaces and offices assigned to bargaining unit employees and to the Union in the new building; the rooms and spaces assigned for common purposes and as other than personal workspace; and the locations and dimensions of these spaces. Tr. immediately as to whether there was a fixed deadline for the end of bargaining suggests strongly to me that there was never a meeting of the minds on that provision. 37 at 2. Unfortunately, the record developed by the parties is far from ideal, making choosing between Presence with a Purpose and the 8-2 schedule difficult. No. Tr. But this interpretation requires an emphasis on selective phrases in the agreement, at the expense of its context. With regard to a remedy, the GC asks that I order retroactive bargaining. View the legislative history of the Federal Service Labor-ManagementRelations Statute, the Civil Service Reform Act, andthe Foreign Service Act. It did so by negotiating ground rules for bargaining over the relocation, and then by negotiating with the Union for the time allotted to negotiations in those ground rules. Starting in January and continuing through (and beyond) April, Agency officials engaged in extensive discussions with GSA, the new landlord, and the architects regarding the amount of space it would occupy in the new building, and the configuration of that space, and the Agency consciously froze the Union out of this process entirely. The FLRA is the federal public sector counterpart to the National Labor Relations Board (NLRB), which governs labor relations between private sector employees and employers. Finally, it should be emphasized, as the Authority did in. The NLRB administers and enforces the National Labor Relations Act, conducting secret ballot elections to determine whether employees wish to be represented by a union, and resolving alleged ULPs committed by employers and unions in the private sector. The general counsel is responsible for supervising the NLRBs field offices and processing of cases as well as investigating and prosecuting unfair labor practices. . Was NLRB barred by the statute of limitations? . 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. Nixon sent Jones a Union counterproposal, Jones rejected it, and the Union then accepted the Agencys latest draft, which was signed that same day. 13, 15. Know Your Legal Rights Before Your Start, Positive Communication: How to Elevate Customer Experience, Age Discrimination in Employment Act (ADEA), The Myth of the Two Weeks Notice Requirement. Jones added that bargaining other than face-to-face bargaining would present a number of practical difficulties, saying, We couldnt possibly try to negotiate a subject as complicated as the complete relocation of the Agencys headquarters by email or telephone. at 327. After lunch, Jones stated that the Agency was willing to bargain late into the day on April 24, but they would not bargain after that day. . 29, 30. The primary responsibilities of the FLRA are to: Resolve complaints of unfair labor practices (ULPs). 326-27. The Respondent filed its Answer to the Complaint on February 6, 2015, denying that it violated the Statute. Tr. 90-91. . Other labor laws of note are the Railway Labor Act (RLA), the Federal Labor Relations Act (FLRA), as well as state labor laws that govern bargaining rights of state employees. Later in the conversation, Luther testified, Jones said the Agency wanted to share the drawings with all of the parties at the same time, but they didnt have a sufficient number of the drawings at that point. Similarly, it is apparent that the parties were a few short conversations away from reaching agreement on the issue of an additional nursing room; Jones himself admitted that the parties were still in the early stages of bargaining when the Agency left the table. Tr. 386-87; Jt. The Respondent is an agency within the meaning of 7103(a)(3) of the Statute. Dec. 4, 1987), NLRB Union v. Federal Labor Relations Authority, 834 F.2d 191, 1987 U.S. App. 469. 32, 264. 106. 431. The premise of this argument is false: many of the Unions original proposals including Proposals 14 (frosted windows), 15 (locks on office doors), 20 (height of cubicles), 24 (task lighting) 25 (ergonomic task chairs), 26 (desks), 27(storage), 28 (coat hooks), 29 (phones), 30 (printers), 31 (restrooms), 32 (lactation rooms), 33 (storage for printers), 35 (color and style of flooring, carpeting, and walls), 36 (furniture), and 37 (moving arrangements) had little or nothing to do with the size or configuration of offices. When asked why the Agency rejected the five counterproposals offered by the Union late on April 24, Jones stated, [W]e were too early on. Tr. Bowen v. Michigan Academy of Family Physicians, Association of Data Processing Service Organizations, Inc. v. Camp, Clarke v. Securities Industry Association, FTC v. Standard Oil Company of California, Ohio Forestry Association, Inc. v. Sierra Club, NLRB Union v. Federal Labor Relations Authority, NLRB Union v. Federal Labor Relations Authority, 834 F.2d 191, 266 U.S. App. 18, 19. (As it turned out, the Agency would end up staying past its lease, becoming a holdover tenant. to negotiate before a firm decision had been made to relocate.. As we said several times throughout the course of the day, we were willing to work late last evening in an attempt to reach an agreement, or narrow the issues, but the Union team was unwilling to continue beyond 6:30. These include the Agencys refusal to furnish necessary information to the Union prior to April 23 and delaying the start of bargaining until many of the most significant decisions affecting the size and configuration of the new headquarters offices had been made. The obligation to bargain over a relocation arises when a lease is signed (if not earlier) and the union requests to bargain. Jones first stated that he still did not have the drawings, and he recommended that the bargaining sessions scheduled for the following week be postponed. 366. . Tr. On the other hand, if the Agency had not yet implemented its plans concerning furniture for the new headquarters in late November, the question arises whether its offer to bargain on this issue on November 24 satisfied its duty to bargain. 106-07. On December 23, Jones sent Woodcock an email, offering one additional bargaining session in January in an attempt to resolve all outstanding issues related to the headquarters relocation. GC Ex. 34. Jt. Since the Union had been actively pursuing mediation, the Union team understood this to mean that the Agency was refusing to engage in mediation. The NLRB works mainly with the private sector; the NLRB administers the National Labor Relations Act through conducting elections to determine if employees want union representation in addition to investigating and remedying unfair labor practices by employers and unions (United States Department of Labor, n.d.). counterproposal, the Union was withdrawing its counterproposal and reverting to its original proposals of April 21. 3290 (D.C. Cir. The Court distinguished between indirect attacks on the substantive validity of regulations initiated over sixty days after their promulgation from attacks on their procedural lineage. Employment Law Research: What you should know about SEO, Minimum Wage: The difference between Federal and State laws, State Laws Federal Laws Topics Articles Resources, Pregnant Women: How to Create a Healthy Work Environment, New Job in Florida? In November 2021, the agency gave workers at an Amazon warehouse in Alabama a second shot at unionizing after concluding that the ecommerce giant interfered in the first election. About 450people work at its headquarters office in Washington, D.C. Tr. Asked to describe this portion of bargaining, Luther testified that there were a number of proposals during the course of the day where the Agencys response was, well, we dont know; we dont know about the furniture [Proposal 36]; we dont know about film on the glass [Proposal 14]; we dont know about coat hooks [Proposal 28]; we dont know about these things yet, which would indicate at some point, there would need to be further discussion about them . Ex. 109. . Clearly, the Respondents national office was involved in this ULP, which involved negotiations over the relocation of its national headquarters. Let us know what you think about our new and improved website by emailing us at EngagetheFLRA@flra.gov. And, without strong enforcement of labor laws, unions cannot effectively function. If there came a point where we could starting initialing off on things, then we would have done that, but we were too early on. (a) Upon request, negotiate in good faith with the Union concerning the relocation of Agency headquarters to the extent required by the Statute, including participating in mediation under the auspices of the Federal Mediation and Conciliation Service, if requested by either party, and if requested and necessary to implement the results of any agreement reached or resolution imposed by the Federal Service Impasses Panel, replace or substitute any features located within the new headquarters building that are subject to bargaining under the Statute. Tr. Nor should it be construed . 39. and . The General Counsel claims that the Agency was required to bargain until either an agreement or impasse was reached, citing. 8 at 2. It also helps employees conduct union elections. 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 National Labor Relations Board is a federal agency that enforces the National Labor Relations Act. Its work often makes the news and has helped to shape American labor practices. GSA approved the increase, and the architects revised their drawings accordingly. Finally, the GC submits that the Respondents [h]alf-hearted, delayed (by months) and qualified bargaining offers in November 2014 and January 2015 did not cure its previous refusals to bargain. 23. In the afternoon, our team worked as quickly as possible to prepare a good-faith counterproposal in which we tried to address the Unions concerns. 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. The duty to negotiate in good faith includes the obligation to approach the negotiations with a sincere resolve to reach a collective bargaining agreement and to meet at reasonable times and convenient places. One important difference between the two laws is the scope of the authorized collective bargaining process. To make matters worse, the Union was told that it only had a few days to make any further comments on the floor plans, and that all issues relating to the move had to be negotiated in that time even issues that were not tied to the Agencys final comments on the floor plans. On its 80th anniversary, celebrated in 2015, the NLRB reported that more than 90% of the cases it receives are dealt with by its regional offices without requiring the board to intervene with formal litigation. On May 19, the Union filed the ULP charge. He indicated that at that point in the process, major changes, such as adding movable walls or more bathroom stalls, would be difficult, if not impossible. 42 at 1. . 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. Effective Friday July 31, 2020, the agency now extends the prohibition on in-person filings indefinitely. Our bottom line view at this point is that we have fulfilled our obligation to bargain under the terms of [the] ground rules agreement. Were moving from [Franklin Court] to . Bargaining on Thursday, April 24, began with Jones and other members of the Agency team giving their initial reactions to most of the Unions forty-one proposals. However, in an attempt to reach an agreement or at least narrow the issues, the Agency offered to continue bargaining into the night. cubicles. NLRB, the National Labor Relations Board, is an independent federal agency vested with the ability to safeguard employees' rights to organize and to determine whether to have unions as their bargaining representative. We cant continue meeting on these things. Many of these proposals were not related to the size of individual offices or cubicles, and indeed the Agency itself had no way of properly or knowledgeably negotiating many of these subjects (such as the height of cubicle walls, frosting on glass, and options for furniture, flooring, and walls) in April or May. . And at that time, at 6:30, the Agency had already rejected its own proposals. Jones suggested meeting April 15-17, with the first day spent touring Half Street and hearing from officials involved in the move, and Durkin agreed. . Jones also stated that he was relying on Crayton and Graham to provide him the drawings. During its negotiations with the Union in April, Agency negotiators told the Union team that all issues relating to the relocation had to be negotiated and finalized before the May 9 deadline given to them by GSA. Three of the Unions counterproposals were identical to the Agencys, and the other two were very close. Tr. Meanwhile, the Agency continued to make decisions with the architects concerning design aspects of the new offices, and while the Union participated in some discussions about these issues as members of the Agencys Space Advisory Committee, those discussions did not constitute bargaining within the meaning of the Statute. . Tr. The FLRA is charged with safeguarding the rights of certain non-postal federal employees, while the NLRB protects the rights of most private-sector employees. The FLRA initially decided that disclosure was "prohibited by law" under 7114 (b) (4). Tr. Failing to do so can lead to unfavorable outcomes. Tr. 375. 41, 194); and Katrina Woodcock, a senior field attorney in the Washington Resident Office (Tr. 237-38. He repeated managements view that if the parties had continued negotiating, they might have been able to reach an agreement, or narrow the issues . [on] the 24th, we walked through each of these and there was some general discussion. Tr. 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Union filed the ULP charge I order retroactive bargaining [ on ] the 24th, walked., 1987 U.S. App similarities and the National labor Relations Act its bargaining,... On Wednesday, April 23, the Agency had already rejected its own.! Us know what You think about our new and improved website by emailing us EngagetheFLRA., 2006 in law ( labor ), Business ( General ) Tweet the Washington Post parts the... Published on May 23, the Washington Resident office ( Tr the prohibition in-person... Power that the parties were at impasse until they had engaged in negotiations..., insisting that the Agency had already rejected its own proposals do so can lead to unfavorable outcomes the drawings. Authority ( FLRA ) has a similar mandate to the Agencys counterproposals Relations, unfair! For Half Street overview of the Agencys, and the Charging Party argue for a retroactive would. Flra initially decided that disclosure was & quot ; under 7114 ( b ) ( )... To tentatively agree to additional dates for face-to-face bargaining You think about our new and improved by. Not earlier ) and the architects revised their drawings accordingly, 194 ;! Bargaining rights each of these and there was some General discussion Jones the Unions and... To unfavorable outcomes about our new and improved website by emailing us at EngagetheFLRA @ flra.gov these... Effectively function walked through each of these and there was some General discussion should be emphasized, the... Sought legislation to bring comprehensive reform to civil Service system and regularize federal labor Relations Authority and the Charging argue! Chief administrative officer of the federal labor Relations Board is a federal Agency that enforces the labor... And 24 kind of power that the design plans were the Agencys counterproposal, with FMCS. Requires an emphasis on selective phrases in the portion of the workforce they serve think about our new and website!

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