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By Robert Gilson: Provided as a service to readers of FedSmith.com
Clinton Executive Order12871Proposed Obama ExecutiveOrder: Version 1Proposed Obama ExecutiveOrder: Version 2
Labor-ManagementPartnershipsCreating Labor-ManagementForums to Improve Delivery of Government Services
 
Same as Version 1The involvement of FederalGovernment employees andtheir union representatives isessential to achieving the National PerformanceReview’s Government reformobjectives. Only by changingthe nature of Federal labor management relations so thatmanagers, employees, andemployees’ elected unionrepresentatives serve as partners will it be possible todesign and implementcomprehensive changesnecessary to reformGovernment. Labor management partnerships willchampion change in FederalGovernment agencies totransform them intoorganizations capable of delivering the highest qualityservices to the American people.By the authority vested in meas President by theConstitution and the laws of the United States, includingsection 301 of title 3, UnitedStates Code, and in order toestablish a new form of labor-management relationsthroughout the executive branch to promote the principles andrecommendations adopted asa result of the NationalPerformance Review, it ishereby ordered:Federal employees and their unionrepresentatives are an essentialsource of front-line ideas andinformation about the realities of delivering government services tothe American people. A non-adversarial forum for managers,employees, and employees' unionrepresentatives to proactivelydiscuss government operationswill compliment the existingcollective bargaining process andfacilitate the design andimplementation of thecomprehensive changes necessaryto increase the effectiveness andefficiency of Government. Labor-Management Forums will allowmanagers and employees tocollaboratively champion changein the Federal Government so thatagencies can deliver the highestquality services to the American people.By the authority vested in me asPresident by the Constitution andthe laws of the United States,including section 301 of title 3,United States Code, and in order toestablish a cooperative and productive form of labor-management relations throughoutthe Executive Branch, it is herebyordered:Federal employees and their unionrepresentatives are an essentialsource of front-line ideas andinformation about the realities of delivering government services tothe American people. A non-adversarial forum for managers,employees, and employees' unionrepresentatives to proactivelydiscuss government operations willfacilitate the design andimplementation of changes to promote satisfactory labor relations and improve productivityand effectiveness in the FederalGovernment. Labor-ManagementForums,
as complements to theexisting collective bargainingprocess,
will allow managers andemployees to collaborativelychampion change in the FederalGovernment so that agencies candeliver the highest quality servicesto the American people.By the authority vested in me asPresident by the Constitution andthe laws of the United States, andin order to establish a cooperativeand productive form of labor-management relations throughoutthe Executive Branch, it is herebyordered:1
 
Section 1. The NationalPartnership Council.(a) Establishment andMembership. There isestablished the NationalPartnership Council("Council"). The Council shallcomprise the followingmembers appointed by thePresident:(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 andConciliation Director;(6) President, AmericanFederation of GovernmentEmployees, AFL–CIO;(7) President, NationalFederation of FederalEmployees;(8) President, NationalTreasury Employees Union;(9) Secretary-Treasurer of thePublic EmployeesDepartment, AFL–CIO; and(10) A deputy Secretary or other officer with department-or agencywide authority fromtwo executive departments or agencies (hereafter collectively "agency"), nototherwise represented on theCouncil.Members shall have 2-year terms on the Council, whichmay be extended by thePresident.Section 1: The National Councilon Federal Labor Relationsa. Establishment and Membership
 
There is established the NationalCouncil on Federal Labor Relations ("Council"). TheCouncil shall comprise thefollowing members appointed bythe President:1.Director of the Office of Personnel Management("OPM");2.Deputy Director for Management, Office of Management and Budget;3.Chair, Federal Labor RelationsAuthority;4.President, AmericanFederation of GovernmentEmployees, AFL- CIO;5.President, National Federationof Federal Employees;6.President, National TreasuryEmployees Union;7.President, InternationalFederation of Professional andTechnical Engineers, AFL-CIO;8.The head of a labor union thatrepresents federal employeesand is not otherwiserepresented on the Council;9.A deputy Secretary or other officer with department- or agency-wide authority fromfour executive departments or agencies (hereafter collectively"agency"), not otherwiserepresented on the Council;andOne elected office holder from theSenior Executives Association.One elected office holder from theFederal Managers Association.Members shall serve at the pleasure of the President.Section 1. The National Councilon Federal Labor Relations
a.
Establishment and Membership
 
There is established the NationalCouncil on Federal Labor Relations ("Council"). TheCouncil shall comprise thefollowing members:1.Director of the Office of Personnel Management ("OPM");2.Deputy Director for Management, Office of Management and Budget(“OMB”);3.Chair, Federal Labor RelationsAuthority;4.President, American Federationof Government Employees, AFL-CIO;5.President, National Federation of Federal Employees;6.President, National TreasuryEmployees Union;7.President, InternationalFederation of Professional andTechnical Engineers,AFL-CIO;8.The heads of 
 
two
other labor unions that represent federalemployees and are nototherwise represented on theCouncil;9.A deputy Secretary or other officer with department- or agency-wide authorityfrom four executive departmentsor agencies (hereafter collectively"agency"), not otherwiserepresented on the Council;
President
, Senior ExecutivesAssociation; and
President,
Federal ManagersAssociation.Members shall have
2-yearterms
on the Council, which may be extended by the President.2
 
(b) Responsibilities andFunctions.The Council shall advise thePresident on matters involvinglabor-management relations inthe executive branch. Itsactivities shall include:(1) supporting the creation of labor-management partnerships and promoting partnership efforts in theexecutive branch, to the extent permitted by law;(2) proposing to the President by January 1994 statutorychanges necessary to achievethe objectives of this order,including legislationconsistent with the NationalPerformance Review’srecommendations for thecreationof a flexible and responsivehiring system and the reformof the General Scheduleclassification system;(3) collecting anddisseminating informationabout, and providing guidanceon, partnership efforts in theexecutive branch, includingresults achieved, to the extent permitted by law;(4) utilizing the expertise of individuals both within andoutside the FederalGovernment to foster  partnership arrangements; and(5) working with thePresident’s ManagementCouncil toward reformconsistent with the NationalPerformance Review’srecommendations throughoutthe executive branch.
b.
Responsibilities andFunctionsThe Council shall advise thePresident on matters involvinglabor-management relations in theexecutive branch. Its activitiesshall include:1.supporting the creation of agency level labor-management forums and promoting partnership efforts between labor andmanagement in the executive branch, to the extent permitted by law;2.collecting and disseminatinginformation about, and providing guidance on labor-management improvementefforts in the executive branch,including results achieved, tothe extent permitted by law;3.utilizing the expertise of individuals both within andoutside the FederalGovernment to foster successful labor-managementrelations arrangements.
 
a.Responsibilities andFunctionsThe Council shall advise thePresident on matters involvinglabor-management relations in theexecutive branch. Its activitiesshall include:1.supporting thecreation of agency level labor-management forums and promoting partnership efforts between labor and managementin the executive branch, to theextent permitted by law;2.collecting anddisseminating informationabout, and providing guidanceon labor-managementimprovement efforts in theexecutive branch, includingresults achieved, to the extent permitted by law;3.utilizing theexpertise of individuals bothwithin and outside the FederalGovernment to foster successfullabor-management relations,
including through training of agency personnel in methodsof dispute resolution andcooperative methods of labor-management relations; and
4.
providingrecommendations to thePresident for implementationof several pilot programswithin the Executive branch,described in Section 3 of thisorder, for bargaining oversubjects set forth in 5 U.S.C. §7106(b)(1).
 
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