Clinton Executive Order 12871 Proposed Obama Executive Order Labor-Management Partnerships Creating Labor-Management Forums to ImproveDelivery of Government Services

The involvement of Federal Governmentemployees and their union representatives isessential to achieving the National PerformanceReview’s Government reform objectives. Only bychanging the nature of Federal labor managementrelations so that managers, employees, andemployees’ elected union representatives serve as partners will it be possible to design andimplement comprehensive changes necessary toreform Government. Labor management partnerships will champion change in FederalGovernment agencies to transform them intoorganizations capable of delivering the highestquality services to the American people.By the authority vested in me as President by theConstitution and the laws of the United States,including section 301 of title 3, United StatesCode, and in order to establish a new form of labor-management relations throughout theexecutive branch to promote the principles andrecommendations adopted as a result of the National Performance Review, it is herebyordered:Federal employees and their union representativesare an essential source of front-line ideas andinformation about the realities of deliveringgovernment services to the American people. Anon-adversarial forum for managers, employees,and employees' union representatives to proactivelydiscuss government operations will compliment theexisting collective bargaining process and facilitatethe design and implementation of thecomprehensive changes necessary to increase theeffectiveness and efficiency of Government. Labor-Management Forums will allow managers andemployees to collaboratively champion change inthe Federal Government so that agencies candeliver the highest quality services to the American people.By the authority vested in me as President by theConstitution and the laws of the United States,including section 301 of title 3, United States Code,and in order to establish a cooperative and productive form of labor-management relationsthroughout the Executive Branch, it is herebyordered:Section 1. The National Partnership Council.(a) Establishment and Membership. There isestablished the National Partnership Council("Council"). The Council shall comprise thefollowing members appointed by the President:(1) Director of the Office of PersonnelManagement ("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 GovernmentEmployees, AFL–CIO;Section 1: The National Council on Federal Labor Relationsa. Establishment and Membership

There is established the National Council onFederal Labor Relations ("Council"). The Councilshall comprise the following members appointed bythe President:1.Director of the Office of PersonnelManagement ("OPM");2.Deputy Director for Management, Office of Management and Budget;3.Chair, Federal Labor Relations Authority;4.President, American Federation of GovernmentEmployees, AFL- CIO;5.President, National Federation of FederalEmployees;1

(7) President, National Federation of FederalEmployees;(8) President, National Treasury EmployeesUnion;(9) Secretary-Treasurer of the Public EmployeesDepartment, AFL–CIO; and(10) A deputy Secretary or other officer withdepartment- or agencywide authority from twoexecutive departments or agencies (hereafter collectively "agency"), not otherwise representedon the Council.Members shall have 2-year terms on the Council,which may be extended by the President.6.President, National Treasury Employees Union;7.President, International Federation of Professional and Technical Engineers, AFL-CIO;8.The head of a labor union that represents federalemployees and is not otherwise represented onthe Council;9.A deputy Secretary or other officer withdepartment- or agency-wide authority fromfour executive departments or agencies(hereafter collectively "agency"), not otherwiserepresented on the Council; and1.One elected office holder from theSenior Executives Association.2.One elected office holder from theFederal Managers Association.Members shall serve at the pleasure of thePresident.(b) Responsibilities and Functions.The Council shall advise the President on mattersinvolving labor-management relations in theexecutive branch. Its activities shall include:(1) supporting the creation of labor-management partnerships and promoting partnership efforts inthe executive branch, to the extent permitted bylaw;(2) proposing to the President by January 1994statutory changes necessary to achieve theobjectives of this order, including legislationconsistent with the National Performance Review’srecommendations for the creationof a flexible and responsive hiring system and thereform of the General Schedule classificationsystem;(3) collecting and disseminating informationabout, and providing guidance on, partnershipefforts in the executive branch, including resultsachieved, to the extent permitted by law;(4) utilizing the expertise of individuals bothwithin and outside the Federal Government tofoster partnership arrangements; and(5) working with the President’s ManagementCouncil toward reform consistent with the National Performance Review’s recommendationsthroughout the executive branch.

b.Responsibilities and Functions

The Council shall advise the President on mattersinvolving labor-management relations in theexecutive branch. Its activities shall include:1.supporting the creation of agency level labor-management forums and promoting partnershipefforts between labor and management in theexecutive branch, to the extent permitted bylaw;2.collecting and disseminating information about,and providing guidance on labor-managementimprovement efforts in the executive branch,including results achieved, to the extent permitted by law;3.utilizing the expertise of individuals both withinand outside the Federal Government to foster successful labor-management relationsarrangements.

(c) Administration.(1) The President shall designate a member of theCouncil who is a full-time Federal employee toserve as Chairperson. The responsibilities of theChairperson shall include scheduling meetings of the Council.(2) Council shall seek input from nonmember Federal agencies, particularly smaller agencies. Italso may, from time to time, invite experts fromthe private and public sectors to submitinformation. The Council shall also seek inputfrom companies, nonprofit organizations, State andlocal governments, Federal Governmentemployees, and customers of Federal Governmentservices, as needed.(3) To the extent permitted by law and subject tothe availability of appropriations, OPM shall provide such facilities, support, and administrativeservices to the Council as the Director of OPMdeems appropriate.(4) Members of the Council shall serve withoutcompensation for their work on the Council, butshall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law,for persons serving intermittently in Governmentservice.(5) All agencies shall, to the extent permitted bylaw, provide to the Council such assistance,information, and advice as the Council mayrequest.

c. Administration

1.The President shall designate the Director of OPM to serve as the Chairperson of theCouncil. The responsibilities of the Chairpersonshall include scheduling meetings of theCouncil.2.The Council shall seek input from nonmember Federal agencies, particularly smaller agencies.It also may, from time to time, invite expertsfrom the private and public sectors to submitinformation. The Council shall also seek inputfrom Federal manager and professionalassociations, companies, nonprofitorganizations, State and local governments,Federal employees, and customers of Federalservices, as needed.3.To the extent permitted by law and subject tothe availability of appropriations, OPM shall provide such facilities, support, andadministrative services to the Council as theDirector of OPM deems appropriate.4.Members of the Council shall serve withoutcompensation for their work on the Council, butmay be allowed travel expenses, including per diem in lieu of subsistence, as authorized bylaw, for persons serving intermittently inGovernment service.5.All agencies shall, to the extent permitted bylaw, provide to the Council such assistance,information, and advice as the Council mayrequest.

(d) General.(1) I have determined that the Council shall beestablished in compliance with the FederalAdvisory Committee Act, as amended (5 U.S.C.App. 2).(2) Notwithstanding any other executive order, thefunctions of the President under the FederalAdvisory Committee Act, as amended, except thatof reporting to the Congress, that are applicable tothe Council, shall be performed by the Director of OPM, in accordance with guidelines and procedures issued by the Administrator of GeneralServices.d.

General

1.I have determined that the Council shall beestablished in compliance with the FederalAdvisory Committee Act, as amended (5U.S.C. App. 2).2.Notwithstanding any other executive order, thefunctions of the President under the FederalAdvisory Committee Act, as amended, exceptthat of reporting to the Congress, that areapplicable to the Council, shall be performed by the Director of OPM, in accordance withguidelines and procedures issued by theAdministrator of General Services.3