II 110th CONGRESS 1st Session S. 2197 IN THE SENATE OF THE UNITED STATES October 18, 2007 Mr. Akaka (for himself and Mrs. Clinton) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish the Federal Labor-Management Partnership Council.

1.

Short title

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

2.

Federal Labor-Management Partnership Council

(a)

Establishment

There is established a council to be known as the Federal Labor-Management Partnership Council (hereafter 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.

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.

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.