[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3892 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3892

     To establish the Federal Labor-Management Partnership Council.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 18, 2007

    Mr. Davis of Illinois (for himself, Mr. Cummings, Mr. Wynn, Mr. 
    Kucinich, Mr. Moran of Virginia, Ms. Norton, Mr. Jefferson, Mr. 
 Sarbanes, Mr. Lynch, and Mr. Braley of Iowa) introduced the following 
 bill; which was referred to the Committee on Oversight and Government 
                                 Reform

_______________________________________________________________________

                                 A BILL


 
     To establish the Federal Labor-Management Partnership Council.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Labor-Management Partnership 
Act of 2007''.

SEC. 2. FEDERAL LABOR-MANAGEMENT PARTNERSHIP COUNCIL.

    (a) Establishment.--There is established a council to be known as 
the Federal Labor-Management Partnership Council (hereinafter in this 
Act referred to as the ``Council''). The Council shall be composed of--
            (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 2 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) 2 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 Federal employees subject to chapter 71 of title 5, United 
        States Code, or any other authority permitting such employees 
        to select an exclusive representative;
            (7) 4 members who shall be appointed by the President to 
        represent labor organizations representing (as exclusive 
        representatives) substantial numbers of Federal employees 
        subject to chapter 71 of title 5, United States Code, or any 
        other authority permitting such employees to select an 
        exclusive representative--
                    (A) each of whom shall be selected giving due 
                consideration to such factors as the relative numbers 
                of Federal employees represented by the various 
                organizations; and
                    (B) not more than 2 of whom may, at any time, be 
                representatives of the same labor organization or 
                council, federation, alliance, association, or 
                affiliation of labor organizations;
            (8) 1 member who shall be appointed by the President to 
        represent the organization representing the largest number of 
        senior executives; and
            (9) 1 member who shall be appointed by the President to 
        represent the organization representing the largest number of 
        Federal managers.
    (b) Responsibilities and Functions.--The Council shall advise the 
President on matters involving labor-management relations in the 
executive branch. Its activities shall include--
            (1) supporting the creation of local labor-management 
        partnership councils that promote partnership efforts in the 
        executive branch;
            (2) collecting and disseminating information about and 
        providing guidance on partnership efforts in the executive 
        branch, including the results of those efforts;
            (3) using the expertise of individuals, both inside and 
        outside the Federal Government, to foster partnership 
        arrangements in the executive branch; and
            (4) proposing statutory changes to improve the civil 
        service to better serve the public and carry out the mission of 
        the various agencies.
    (c) Administration.--
            (1) Chairperson.--The President shall designate a member of 
        the Council who is a full-time Federal employee to serve as the 
        Chairperson. The Council shall meet at the call of the 
        Chairperson or a majority of its members.
            (2) Outside input.--The Council shall seek input from 
        agencies not represented on the Council, particularly smaller 
        agencies. It may also from time to time, in the discretion of 
        the Council, invite experts from the private and public sectors 
        to submit information. The Council shall also seek input from 
        companies, nonprofit organizations, State and local 
        governments, Federal employees, and customers of Federal 
        services, as needed.
            (3) Assistance of the office of personnel management.--To 
        the extent permitted by law and subject to the availability of 
        appropriations, the Director of the Office of Personnel 
        Management shall, upon request, provide such staff, facilities, 
        support, and administrative services to the Council as the 
        Director considers appropriate.
            (4) No compensation.--Members of the Council shall serve 
        without compensation for their work on the Council.
            (5) Cooperation of other agencies.--All agencies shall, to 
        the extent permitted by law, provide to the Council such 
        assistance, information, and advice as the Council may request.
    (d) General Requirements.--
            (1) Reporting to congress.--Any reporting to or appearances 
        before Congress that may be requested or required of the 
        Council shall be made by the Chairperson of the Council.
            (2) Terms of membership.--A member under paragraph (3), 
        (6), (7), (8), or (9) of subsection (a) 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 appointed for 
        the unexpired term of the member replaced and shall be chosen 
        subject to the same conditions as applied with respect to the 
        original appointment.
            (3) Service after expiration of term.--A member under 
        paragraph (3), (6), (7), (8), or (9) of subsection (a) may 
        serve after the expiration of such member's term until a 
        successor has taken office, but for not more than 60 days after 
        such term expires.
            (4) Not special government employees.--A member who is not 
        otherwise a Federal employee shall not be considered a special 
        Government employee for any purpose.

SEC. 3. IMPLEMENTATION OF LABOR-MANAGEMENT PARTNERSHIPS THROUGHOUT THE 
              EXECUTIVE BRANCH.

    The President shall direct the head of each agency which is subject 
to chapter 71 of title 5, United States Code, or any other authority 
permitting employees of such agency to select an exclusive 
representative to take the following actions:
            (1) Create labor-management partnerships by forming labor-
        management committees or councils at appropriate levels, or 
        adapting existing committees or councils if such groups exist.
            (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) Negotiate, at the request of the labor organization, on 
        the subjects set forth in section 7106(b)(1) of title 5, United 
        States Code, and instruct subordinate officials to do the same.
            (5) Evaluate progress and improvements in organizational 
        performance resulting from such labor-management partnerships.

SEC. 4. DEFINITIONS.

    For purposes of this Act--
            (1) the terms ``agency'' and ``labor organization'' have 
        the meanings set forth in section 7103(a) of title 5, United 
        States Code;
            (2) the term ``Federal employee'' means an employee, as 
        defined by section 7103(a)(2) of title 5, United States Code;
            (3) the term ``Federal manager'' means a management 
        official, as defined by section 7103(a)(11) of title 5, United 
        States Code; and
            (4) the term ``senior executive'' has the meaning given 
        such term by section 3132(a)(3) of title 5, United States Code.
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