[Weekly Compilation of Presidential Documents Volume 29, Number 40 (Monday, October 11, 1993)]
[Pages 1955-1957]
[Online from the Government Publishing Office, www.gpo.gov]
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Executive Order 12871--Labor-Management Partnerships
October 1, 1993
The involvement of Federal Government employees and their union
representatives is essential to achieving the National Performance
Review's Government reform objectives. 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. Labor-management partnerships will champion change in
Federal Government agencies to transform them into organizations capable
of delivering the highest quality services to the American people.
By the authority vested in me as President by the Constitution and
the laws of the United States, including section 301 of title 3, United
States Code, and in order to establish a new form of labor-management
relations throughout the executive branch to promote the principles and
recommendations adopted as a result of the National Performance Review,
it is hereby ordered:
Section 1. The National Partnership Council. (a) Establishment and
Membership. There is established the National Partnership Council
(``Council''). The Council shall comprise the following members
appointed by the President:
(1) Director of the Office of Personnel Management (``OPM'');
(2) Deputy Secretary of Labor;
(3) Deputy Director for Management, Office of Management and Budget;
(4) Chair, Federal Labor Relations Authority;
(5) Federal Mediation and Conciliation Director;
(6) President, American Federation of Government Employees, AFL-CIO;
(7) President, National Federation of Federal Employees;
(8) President, National Treasury Employees Union;
(9) Secretary-Treasurer of the Public Employees Department, AFL-CIO;
and
(10) a deputy Secretary or other officer with department- or agency-
wide authority from two executive departments or agencies
(hereafter collectively ``agency''), not otherwise represented on
the Council.
Members shall have 2-year terms on the Council, which may be
extended by the President.
(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 labor-management partnerships and
promoting partnership efforts in the executive branch, to the extent
permitted by law;
(2) proposing to the President by January 1994 statutory changes
necessary to achieve the objectives of this order, including legislation
consistent with the National Performance Review's recommendations for
the creation of a flexible and responsive hiring system and the reform
of the General Schedule classification system;
(3) Collecting and disseminating information about, and providing
guidance on, partnership efforts in the executive branch, including
results achieved, to the extent permitted by law;
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(4) utilizing the expertise of individuals both within and outside
the Federal Government to foster partnership arrangements; and
(5) working with the President's Management Council toward reform
consistent with the National Performance Review's recommendations
throughout the executive branch.
(c) Administration. (1) The President shall designate a member of
the Council who is a full-time Federal employee to serve as Chairperson.
The responsibilities of the Chairperson shall include scheduling
meetings of the Council.
(2) The Council shall seek input from nonmember Federal agencies,
particularly smaller agencies. It also may, from time to time, 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 Government employees, and customers
of Federal Government services, as needed.
(3) To the extent permitted by law and subject to the availability
of appropriations, OPM shall provide such facilities, support, and
administrative services to the Council as the Director of OPM deems
appropriate.
(4) Members of the Council shall serve without compensation for
their work on the Council, but shall be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by law, for
persons serving intermittently in Government service.
(5) 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. (1) I have determined that the Council shall be
established in compliance with the Federal Advisory Committee Act, as
amended (5 U.S.C. App. 2).
(2) Notwithstanding any other executive order, the functions of the
President under the Federal Advisory Committee Act, as amended, except
that of reporting to the Congress, that are applicable to the Council,
shall be performed by the Director of OPM, in accordance with guidelines
and procedures issued by the Administrator of General Services.
(3) The Council shall exist for a period of 2 years from the date of
this order, unless extended.
(4) Members of the Council who are not otherwise officers or
employees of the Federal Government shall serve in a representative
capacity and shall not be considered special Government employees for
any purpose.
Sec. 2. Implementation of Labor-Management Partnerships Throughout
the Executive Branch. The head of each agency subject to the provisions
of chapter 71 of title 5, United States Code shall:
(a) create labor-management partnerships by forming labor-management
committees or councils at appropriate levels, or adapting existing
councils or committees if such groups exist, to help reform Government;
(b) involve employees and their union representatives as full
partners with management representatives to identify problems and craft
solutions to better serve the agency's customers and mission;
(c) provide systematic training of appropriate agency employees
(including line managers, first line supervisors, and union
representatives who are Federal employees) in consensual methods of
dispute resolution, such as alternative dispute resolution techniques
and interest-based bargaining approaches;
(d) negotiate over the subjects set forth in 5 U.S.C. 7106(b)(1),
and instruct subordinate officials to do the same; and
(e) evaluate progress and improvements in organizational performance
resulting from the labor-management partnerships.
Sec. 3. No Administrative or Judicial Review. This order is intended
only to improve the internal management of the executive branch and is
not intended to, and does not, create any right to administrative or
judicial review, or any other right, substantive or procedural,
enforceable by a party against the United States, its agencies or
instrumentalities, its officers or employees, or any other person.
William J. Clinton
The White House,
October 1, 1993.
[[Page 1957]]
[Filed with the Office of the Federal Register, 5 p.m., October 4, 1993]
Note: This Executive order was published in the Federal Register on
October 6. This item was not received in time for publication in the
appropriate issue.