[Congressional Record Volume 153, Number 158 (Thursday, October 18, 2007)]
[Senate]
[Pages S13088-S13089]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself and Mrs. Clinton):
  S. 2197. A bill to establish the Federal Labor-Management Partnership 
Council; to the Committee on Homeland Security and Governmental 
Affairs.
  Mr. AKAKA. Mr. President, I rise today to introduce the Federal 
Labor-Management Partnership Act of 2007 to restore the labor-
management partnerships and council that were established by President 
Clinton in 1993. I am pleased to be joined in this effort by 
Representative Danny Davis, D-IL, who is introducing companion 
legislation in the House, and Senator Hillary Clinton, who is 
cosponsoring this bill.
  On October 1, 1993, President Bill Clinton signed Executive Order 
12871 establishing a National Partnership Council of Federal agency 
representatives and labor organizations to advise the President on 
matters involving labor-management relations. The Executive Order was 
in response to long-standing labor-management conflicts and the need 
for greater cooperation between labor and management in Government.
  In the early 1990s the Government Accountability Office and others 
identified labor-management partnerships as contributing to increased 
productivity, better customer service, and higher employee 
satisfaction. The Office of Personnel Management, OPM, concurred with 
those findings in 2001. In a the letter to President Clinton 
accompanying the report, then-OPM Director Janice Lachance said, ``The 
evidence shows a real shift toward labor-management cooperation and 
away from the adversarial approach so common in the past. I see a 
strong, consistent desire on both sides of the table to continue on the 
path toward collaborative labor-management relations and no interest in 
returning to the old ways of doing business.''
  Despite the success of the program, President Bush revoked the 
Clinton Executive Order on February 17, 2001, less than one month after 
taking office. Since that time, labor-management relations have 
deteriorated throughout the Federal Government. The new personnel 
systems at the Departments of Defense and Homeland Security, which have 
reduced collective bargaining rights for those employees, have lowered 
employee morale and heightened the adversarial nature of labor-
management relations in the federal government. It has become clear 
that participation in the decision making process through labor-
management partnerships often leads to greater employee understanding 
and acceptance and a smoother transition to the new policy or program. 
As the Clinton Executive Order said, ``Only by changing the nature of 
federal labor-management relations so that managers, employees, and 
employees' elected union representatives serve as partners will it be 
possible to design and implement comprehensive changes necessary to 
reform government.''
  I urge my colleagues to join with me in encouraging labor-management 
partnership and a cooperative solution to resolving Federal workplace 
issues.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2197

       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 
     (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

[[Page S13089]]

     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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