Establishment of Federal Labor-Management Partnership Council

(a)

In general

Subchapter I of chapter 71 of title 5, United States Code, is amended by adding at the end the following:

7107.

Federal Labor-Management Partnership Council

(a)

Establishment

There is established in the executive branch a council to be known as the Federal Labor-Management Partnership Council (referred to in this section as the Council).(b)

Membership

The Council shall be composed of the following individuals (or the designee of any such individual):(1)The Director of the Office of Personnel Management.(2)The Deputy Director for Management of the Office of Management and Budget.(3)A deputy secretary (or other officer with agency-wide authority) from each of 5 Executive departments or agencies not otherwise represented on the Council, who shall be appointed by the President.(4)The Chairman of the Federal Labor Relations Authority.(5)The Director of the Federal Mediation and Conciliation Service.(6)Two members who shall be appointed by the President to represent the respective labor organizations representing (as exclusive representatives) the first and second largest numbers of employees subject to this chapter.(7)Four members who shall be appointed by the President to represent labor organizations representing (as exclusive representatives) substantial numbers of employees subject to this chapter, each of whom shall be selected giving due consideration to such factors as the relative numbers of employees represented by the various organizations.(8)One member who shall be appointed by the President to represent the organization representing the largest number of senior executives (as that term is defined in section 3132(a)(3)).(9)One member who shall be appointed by the President to represent the organization representing the largest number of management officials.(c)

Responsibilities and functions

The Council shall—(1)advise the President on matters involving labor-management relations in the executive branch;(2)support the creation of local labor-management partnership councils that promote partnership efforts in the executive branch;(3)collect and disseminate information about and provide guidance on partnership efforts between labor and management in the executive branch, including the results of those efforts; and(4)use the expertise of individuals, both inside and outside the Federal Government, to foster partnership arrangements in the executive branch.(d)

Administration

(1)

Co-chairs

The Director of the Office of Personnel Management and the Deputy Director for Management of the Office of Management and Budget shall serve as co-chairs of the Council.(2)

Meetings

The Council shall meet quarterly (or more frequently at the call of the co-chairs or a majority of the members of the Council).(3)

Outside input

The Council—(A)shall seek input from agencies not represented on the Council, particularly smaller agencies;(B)may from time to time, in the discretion of the Council, invite experts from the private and public sectors to submit information; and(C)shall seek input from companies, nonprofit organizations, State and local governments, employees (through the exclusive representatives of those employees), and customers of Federal services, as needed.(4)

Assistance of the Office of Personnel Management

Subject to the availability of appropriations, the Director of the Office of Personnel Management shall provide such staff, facilities, support, and administrative services to the Council as the Director considers appropriate.(5)

Employee status and compensation

(A)

In general

A member of the Council who is not an employee (as that term is defined in section 2105) shall not be considered a Federal employee for any purpose, except for the following provision of law:(i)Subchapter I of chapter 57 (relating to travel expenses).(ii)Chapter 81 (relating to compensation for work injuries).(iii)Chapter 171 of title 28 and any other Federal statute relating to tort liability.(B)

No compensation for certain members

No member of the Council may receive compensation by reason of service on the Council.(6)

Cooperation of other agencies

Each agency shall, to the extent permitted by law, provide to the Council and the Director of the Office of Personnel Management such assistance, information, and advice as the Council or the Director may request.(e)

General provisions

(1)

Reporting to Congress

Any reporting to or appearances before Congress that may be requested or required of the Council shall be made by a co-chair of the Council.(2)

Terms of membership

A member appointed under paragraph (3), (6), (7), (8), or (9) of subsection (b) shall be appointed for a term of 3 years, except that any individual chosen to fill a vacancy under any of those paragraphs shall be—(A)appointed for the unexpired term of the member replaced; and(B)chosen subject to the same conditions as applied with respect to the original appointment.(3)

Service after expiration of term

A member appointed under paragraph (3), (6), (7), (8), or (9) of subsection (b) may serve after the expiration of that member’s term until a successor has taken office, but for not more than 60 days after the term expires.(4)

Not special Government employees

A member who is not otherwise an employee shall not be considered a special Government employee, as defined in section 202(a) of title 18, for any purpose.(5)

No termination

Section 1013(a)(2) shall not apply to the Council.

7108.

Implementation of labor-management partnerships throughout the executive branch

The head of each agency that is subject to this chapter shall take the following actions:(1)Create labor-management partnerships by— (A)establishing labor-management committees or councils at the levels of recognition and other appropriate levels agreed to by the agency and the applicable exclusive representative; or (B)if applicable, adapting existing committees or councils.(2)Involve employees and employee representatives as full partners with management representatives to improve the civil service to better serve the public and carry out the mission of the agency.(3)Provide systemic training of appropriate agency employees (including line managers, first-line supervisors, and labor organization representatives) in consensual methods of dispute resolution, such as alternative dispute resolution techniques and interest-based bargaining approaches.(4)(A)Consistent with guidance from the Federal Labor-Management Partnership Council established under section 7107, allow employees and employee representatives to have pre-decisional involvement in all workplace matters to the fullest extent practicable, without regard to whether those matters are negotiable subjects of bargaining under section 7106.(B)Provide adequate information on the matters described in subparagraph (A) expeditiously to employee representatives where not prohibited by law.(C)Make a good-faith attempt to resolve issues concerning proposed changes in conditions of employment through discussions in the labor-management committees or councils established or adapted by the agency under paragraph (1) of this subsection.(5)Evaluate progress and improvements in organizational performance resulting from the labor-management partnerships described in paragraph (1).

(b)

Technical and conforming amendment

The table of sections for chapter 71 of title 5, United States Code, is amended by inserting after the item relating to section 7106 the following:

7107. Federal Labor-Management Partnership Council.

7108. Implementation of labor-management partnerships throughout the executive branch.

Implementation of labor-management partnerships in the legislative branch

(a)

Definition

In this section, the term covered legislative branch agency means—(1)the Office of the Architect of the Capitol; (2)the Government Accountability Office; and(3)the United States Capitol Police.(b)

Labor-Management partnerships

The head of each covered legislative branch agency shall take the following actions:(1)Create labor-management partnerships by establishing labor-management committees or councils at appropriate levels or, if applicable, adapting existing committees or councils.(2)Involve employees and employee representatives as full partners with management representatives to improve the civil service to better serve the public and carry out the mission of the covered legislative branch agency.(3)Provide systemic training of appropriate employees of the covered legislative branch agency (including line managers, first-line supervisors, and labor organization representatives) in consensual methods of dispute resolution, such as alternative dispute resolution techniques and interest-based bargaining approaches.(4)(A)Allow employees and employee representatives to have pre-decisional involvement in all workplace matters to the fullest extent practicable, without regard to whether those matters are negotiable subjects of bargaining with respect to the covered legislative branch agency.(B)Provide adequate information on the matters described in subparagraph (A) expeditiously to employee representatives where not prohibited by law.(C)Make a good-faith attempt to resolve issues concerning proposed changes in conditions of employment, including changes involving the subjects described in section 7106(b)(1) of title 5, United States Code, through discussions in the labor-management committees or councils established or adapted by the covered legislative branch agency under paragraph (1) of this subsection.(5)Evaluate progress and improvements in organizational performance resulting from the labor-management partnerships described in paragraph (1).