[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]

<R04>
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.

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[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.