By Robert Gilson: Provided as a service to readers of FedSmith.

com
Clinton Executive Order Proposed Obama Executive Proposed Obama Executive
12871 Order: Version 1 Order: Version 2
Labor-Management Creating Labor-Management
Partnerships Forums to Improve Delivery of Same as Version 1
Government Services

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.
Federal employees and their union
representatives are an essential
source of front-line ideas and
information about the realities of
delivering government services to
the American people. A non-
adversarial forum for managers,
employees, and employees' union
representatives to proactively
discuss government operations
will compliment the existing
collective bargaining process and
facilitate the design and
implementation of the
comprehensive changes necessary
to increase the effectiveness and
efficiency of Government. Labor-
Management Forums will allow
managers and employees to
collaboratively champion change
in the Federal Government so that
agencies can deliver the highest
quality services to the American
people.
Federal employees and their union
representatives are an essential
source of front-line ideas and
information about the realities of
delivering government services to
the American people. A non-
adversarial forum for managers,
employees, and employees' union
representatives to proactively
discuss government operations will
facilitate the design and
implementation of changes to
promote satisfactory labor
relations and improve productivity
and effectiveness in the Federal
Government. Labor-Management
Forums, as complements to the
existing collective bargaining
process, will allow managers and
employees to collaboratively
champion change in the Federal
Government so that agencies can
deliver the highest quality services
to the American people.

By the authority vested in me By the authority vested in me as By the authority vested in me as

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:
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 cooperative and
productive form of labor-
management relations throughout
the Executive Branch, it is hereby
ordered:
President by the Constitution and
the laws of the United States, and
in order to establish a cooperative
and productive form of labor-
management relations throughout
the Executive Branch, it is hereby
ordered:

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Section 1. The National
Partnership Council.
(a) Establishment and
Membership. There is
established the National
Partnership Council
("Council"). The Council shall following members appointed by
comprise the following
members appointed by the
President:
(1) Director of the Office of 2. Deputy Director for
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 9. A deputy Secretary or other
Public Employees
Department, AFL–CIO; and
(10) A deputy Secretary or
other officer with department-
or agencywide 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.
Section 1: The National Council
on Federal Labor Relations
a. Establishment and Membership
There is established the National
Council on Federal Labor
Relations ("Council"). The
Council shall comprise the
the President:
1. Director of the Office of
Personnel Management
("OPM");
Management, Office of
Management and Budget;
3. Chair, Federal Labor Relations
Authority;
4. President, American
Federation of Government
Employees, AFL- CIO;
5. President, National Federation
of Federal Employees;
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 federal employees
and is not otherwise
represented on the Council;
officer with department- or
agency-wide authority from
four executive departments or
agencies (hereafter collectively
"agency"), not otherwise
represented on the Council;
and
One elected office holder from the
Senior Executives Association.
One elected office holder from the
Federal Managers Association.
Members shall serve at the
pleasure of the President.
Section 1. The National Council
on Federal Labor Relations
a. Establishment and Membership
There is established the National
Council on Federal Labor
Relations ("Council"). The
Council shall comprise the
following 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 Relations
Authority;
4.President, American Federation
of Government Employees, AFL-
CIO;
5.President, National Federation of
Federal Employees;
6.President, National Treasury
Employees Union;
7.President, International
Federation of Professional and
Technical Engineers,
AFL-CIO;
8.The heads of two other labor
unions that represent federal
employees and are not
otherwise represented on the
Council;
9.A deputy Secretary or other
officer with department- or
agency-wide authority
from four executive departments
or agencies (hereafter collectively
"agency"), not otherwise
represented on the Council;
President, Senior Executives
Association; and
President, Federal Managers
Association.
Members shall have 2-year
terms on the Council, which may
be extended by the President.
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(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 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;
(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.
b. Responsibilities and
Functions
The Council shall advise the
President on matters involving
labor-management relations in the
executive branch. Its activities
shall include:
agency level labor-
management forums and
promoting partnership efforts
between labor and
management in the executive
branch, to the extent permitted
by law;
2. collecting and disseminating
information about, and
providing guidance on labor-
management improvement
efforts in the executive branch,
including results achieved, to
the extent permitted by law;
3. utilizing the expertise of
individuals both within and
outside the Federal
Government to foster
successful labor-management
relations arrangements.
a. 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 agency level labor-
management forums and
promoting partnership efforts
between labor and management
in the executive branch, to the
extent permitted by law;
2. collecting and
disseminating information
about, and providing guidance
on labor-management
improvement efforts in the
executive branch, including
results achieved, to the extent
permitted by law;
3. utilizing the
expertise of individuals both
within and outside the Federal
Government to foster successful
labor-management relations,
including through training of
agency personnel in methods
of dispute resolution and
cooperative methods of labor-
management relations; and
4. providing
recommendations to the
President for implementation
of several pilot programs
within the Executive branch,
described in Section 3 of this
order, for bargaining over
subjects set forth in 5 U.S.C. §
7106(b)(1).
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(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) 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.
c. Administration
1. The President shall
designate the Director of
OPM to serve as the
Chairperson of the Council.
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
Federal manager and
professional associations,
companies, nonprofit
organizations, State and
local governments, Federal
employees, and customers
of Federal 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 may 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
b. Administration
1. The President shall
designate the Director of OPM
and the Deputy Director for
Management at OMB to serve
as Co-Chairs of the Council.
The Co-Chairs shall convene
and preside at meetings of the
Council, determine its agenda,
and direct its work.
2. The Council shall
seek input from nonmember
Federal agencies, particularly
smaller agencies. It also may,
from time to time, invite persons
from the private and public
sectors to submit information. The
Council shall also seek input from
Federal manager and professional
associations, companies, nonprofit
organizations, State and local
governments, Federal employees,
and customers of Federal 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 may be allowed
travel expenses, including per
diem in lieu of subsistence, as
authorized by law for persons
serving intermittently in
Government service (5 U.S.C.
5701-5707), consistent with the
availability of funds.
5. All agencies shall,
to the extent permitted by law,
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(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
assistance, information, and provide to the Council such
advice as the Council may assistance, information, and
request. advice as the Council may
request.
6. Insofar as the
Federal Advisory
Committee Act, as
amended (5 U.S.C.
App.), may apply to the
Council, any functions
of the President under
that Act, except that of
reporting to the
Congress, shall be
performed by the
Director of OPM in
accordance with the
guidelines that have
been issued by the
Administrator of
General Services.
d. General See Below
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. Members of the
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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
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.
Section 2: Implementation of
Labor-Management Forums
Throughout the Executive Branch
The head of each agency that is
subject to the provisions of chapter
71 of title 5, United States Code,
or any other authority permitting
employees of such agency to select
an exclusive representative, shall:
a. establish agency level
labor-management forums by
creating labor-management
committees or councils at
appropriate levels, or adapting
existing councils or
committees if such groups
exist, to help change
Government;
b. proactively 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. allow employees and their
union representatives pre-
decisional involvement on all
workplace matters, without
regard to whether those
matters are negotiable subjects
of bargaining under 5 U.S.C.
§ 7106, and provide adequate
information on such matters
expeditiously to union
representatives where not
Sec. 2. Implementation of Labor-
Management Forums Throughout
the Executive Branch.
(a) The head of each agency
that is subject to the provisions of
chapter 71 of title 5, United States
Code, or any other authority
permitting employees of such
agency to select an exclusive
representative, shall:
(1) establish agency level
labor-management forums by
creating labor-management
committees or councils at
appropriate levels, or adapting
existing councils or committees if
such groups exist, to help reform
Government;
(2) proactively 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;
(3) allow employees and their
union representatives pre-
decisional involvement on matters
affecting conditions of
employment to the fullest extent
practicable, without regard to
whether those matters are
negotiable subjects of bargaining
under 5 U.S.C. § 7106, provide
adequate information on such
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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.
(d) negotiate over the subjects
set forth in 5 U.S.C. 7106(b)
(1), and instruct subordinate
officials to do the same; and
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
prohibited by law. matters expeditiously to union
representatives where not
prohibited by law, and make a
good faith attempt to resolve
issues concerning proposed
changes in conditions of
employment, including those
involving the subjects set forth
in 5 U.S.C. § 7106(b)(1),
through discussions in their
labor-management forums; and
d. evaluate and document, in
consultation with union (4) evaluate and document,
representatives and consistent with consistent with the spirit of this
the spirit of this order and any order and any further guidance
further guidance provided by provided by the Council,
OPM, progress and improvements progress and improvements in
in employee satisfaction and employee satisfaction and
organizational performance organizational performance
resulting from the labor- resulting from the labor-
management forums. management forums.
Section 3: Election to Negotiate See Below
I hereby elect, on behalf of all
executive departments and
agencies covered by this order, to
negotiate over the subjects set
forth in 5 U.S.C. § 7106(b)(1).
For purposes of proceedings
undertaken pursuant to chapter 71
of Title 5, any attempts by
department or agency heads or
their subordinate officials to
revoke my election shall have no
force or effect. Agency heads and
their subordinates shall carry out
this election to bargain in good
faith and consistent with FLRA
precedent.
See Below
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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.
Section 4: Miscellaneous
a. Nothing in this order shall
abrogate any collective
bargaining agreements in
effect on the date of this
order.
b. Pursuant to Section 2(d) of
this order, each head of an
executive department or
agency shall submit for
approval, within 30 days, a
written implementation plan
to the Director of OPM. The
plan shall:
1. describe how the executive
department or agency will
conduct a baseline survey of
employees and managers engaged
in bargaining to assess the current
state of labor relations within the
department or agency;
2. address how the executive
department or agency will
develop department-, agency-
and/or bargaining unit-specific
metrics to monitor improvements
in areas such as labor-
management satisfaction,
productivity gains, cost savings,
and other measures as identified
by the relevant labor-management
forums participants;
3. confirm that the executive
department or agency is
committed to bargaining with the
exclusive representative(s) of any
of its employees over the matters
set forth in 5 U.S.C. § 7106(b)(1),
(b) Pursuant to Section 2(a)(4)
of this order, each head of an
executive department or agency
shall submit for approval, within
120 days, a written
implementation plan to the
Council. The plan shall:
(1) describe how the executive
department or agency will
conduct a baseline survey of
employees and managers engaged
in bargaining to assess the current
state of labor relations within the
department or agency;
(2) address how the executive
department or agency will
develop department-, agency-
and/or bargaining unit-specific
metrics to monitor improvements
in areas such as labor-
management satisfaction,
productivity gains, cost savings,
and other measures as identified
by the relevant labor-management
forums participants;
(3) report the extent to which
the executive department or
agency has established labor-
management forums, as set
8
consistent with Section 3 of this
Order; and
4. explain the executive
department’s or agency’s plan for
devoting sufficient resources to
provide annual reports to the
Council pursuant to Section 2.d of
this Order.
OPM shall review each executive
department or agency
implementation plan within 30
days of receipt to certify that the
plan satisfies all requirements of
this order. Plans that are
determined to be insufficient will
be returned to the executive
department or agency with
guidance for improvement and
resubmission within 30 days.
All executive departments or
agencies must have a certified
implementation plan in place no
later than 90 days after the
effective date of this order.
forth in Section 2(a)(1) of this
order, or may participate in the
pilot projects described in
Section 3 of this order; and
(4) explain the executive
department’s or agency’s plan for
devoting sufficient resources to
provide annual reports to the
Council pursuant to Section 2(a)
(4) of this Order.
The Council shall review each
Federal department or agency
implementation plan within 30
days of receipt to certify that the
plan satisfies all requirements of
this order. Plans that are
determined to be insufficient will
be returned to the Federal
department or agency with
guidance for improvement and
resubmission within 30 days.
Each Federal department or
agency must have a certified
implementation plan in place no
later than 180 days after the date
of this Order.
Sec. 3. Negotiation over
Permissive Subjects of Bargaining.
The Council shall recommend to
the President a plan to establish
and evaluate the impact of
several pilot projects of specified
duration in the Executive branch
in which some Federal
departments or agencies shall
elect to bargain over some or all
of the subjects set forth at 5
U.S.C. § 7106(b)(1), up through
and including completion of the
impasse procedures set forth at 5
U.S.C. § 7119. The plan shall
include recommendations for
evaluating such pilot projects on
the basis, among other things, of
their impacts on organizational
9
performance, employee
satisfaction, and labor relations
of the affected departments or
agencies. The plan shall also
recommend methods for
evaluating the effectiveness of
dispute resolution procedures
adopted and followed in the
course of the pilot projects.

Sec. 4. General Provisions.

b. Nothing in this order

shall abrogate any
collective bargaining
agreements in effect on
the date of this order.
c. Nothing in this order
shall be construed to
impair or otherwise
affect:

(i) authority granted

by law to an executive
department, agency, or
the head thereof; or
(ii) functions of the
Director of the Office of
Management and Budget
relating to budgetary,
administrative, or
legislative proposals.

d. This order shall be

implemented consistent
with applicable law and
subject to the availability
of appropriations.
e. 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 or
benefit,

10
substantive or
procedural,
enforceable at law
or in equity by any
party against the
United States, its
departments,
agencies, or
entities, its
officers,
employees, or
agents, or any
other person.

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