S 2197
110th CONGRESS
1st Session
S. 2197
To establish the Federal Labor-Management Partnership Council.
IN THE SENATE OF THE UNITED STATES
October 18, 2007
Mr. AKAKA (for himself and Mrs. CLINTON) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
A BILL
To establish the Federal Labor-Management Partnership Council.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Federal Labor-Management Partnership Act
of 2007'.
SEC. 2. FEDERAL LABOR-MANAGEMENT PARTNERSHIP COUNCIL.
(a) Establishment- There is established a council to be known as the
Federal Labor-Management Partnership Council (hereafter in this Act
referred to as the `Council'). The Council shall be composed of--
(1) the Director of the Office of Personnel Management;
(2) the Deputy Director for Management of the Office of Management
and Budget;
(3) a deputy secretary (or other officer with agency-wide authority)
from each of 2 agencies not otherwise represented on the Council,
who shall be appointed by the President;
(4) the Chairman of the Federal Labor Relations Authority;
(5) the Director of the Federal Mediation and Conciliation Service;
(6) 2 members who shall be appointed by the President to represent
the respective labor organizations representing (as exclusive representatives)
the first and second largest numbers of Federal employees subject
to chapter 71 of title 5, United States Code, or any other authority
permitting such employees to select an exclusive representative;
(7) 4 members who shall be appointed by the President to represent
labor organizations representing (as exclusive representatives) substantial
numbers of Federal employees subject to chapter 71 of title 5, United
States Code, or any other authority permitting such employees to select
an exclusive representative--
(A) each of whom shall be selected giving due consideration to such
factors as the relative numbers of Federal employees represented
by the various organizations; and
(B) not more than 2 of whom may, at any time, be representatives
of the same labor organization or council, federation, alliance,
association, or affiliation of labor organizations;
(8) 1 member who shall be appointed by the President to represent
the organization representing the largest number of senior executives;
and
(9) 1 member who shall be appointed by the President to represent
the organization representing the largest number of Federal managers.
(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 local labor-management partnership
councils that promote partnership efforts in the executive branch;
(2) collecting and disseminating information about and providing guidance
on partnership efforts in the executive branch, including the results
of those efforts;
(3) using the expertise of individuals, both inside and outside the
Federal Government, to foster partnership arrangements in the executive
branch; and
(4) proposing statutory changes to improve the civil service to better
serve the public and carry out the mission of the various agencies.
(1) CHAIRPERSON- The President shall designate a member of the Council
who is a full-time Federal employee to serve as the Chairperson. The
Council shall meet at the call of the Chairperson or a majority of
its members.
(2) OUTSIDE INPUT- The Council shall seek input from agencies not
represented on the Council, particularly smaller agencies. It may
also from time to time, in the discretion of the Council, 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 employees, and customers of Federal
services, as needed.
(3) ASSISTANCE OF THE OFFICE OF PERSONNEL MANAGEMENT- To the extent
permitted by law and subject to the availability of appropriations,
the Director of the Office of Personnel Management shall, upon request,
provide such staff, facilities, support, and administrative services
to the Council as the Director considers appropriate.
(4) NO COMPENSATION- Members of the Council shall serve without compensation
for their work on the Council.
(5) COOPERATION OF OTHER AGENCIES- 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 Requirements-
(1) REPORTING TO CONGRESS- Any reporting to or appearances before
Congress that may be requested or required of the Council shall be
made by the Chairperson of the Council.
(2) TERMS OF MEMBERSHIP- A member under paragraph (3), (6), (7), (8),
or (9) of subsection (a) shall be appointed for a term of 3 years,
except that any individual chosen to fill a vacancy under any of those
paragraphs shall be appointed for the unexpired term of the member
replaced and shall be chosen subject to the same conditions as applied
with respect to the original appointment.
(3) SERVICE AFTER EXPIRATION OF TERM- A member under paragraph (3),
(6), (7), (8), or (9) of subsection (a) may serve after the expiration
of such member's term until a successor has taken office, but for
not more than 60 days after such term expires.
(4) NOT SPECIAL GOVERNMENT EMPLOYEES- A member who is not otherwise
a Federal employee shall not be considered a special Government employee
for any purpose.
SEC. 3. IMPLEMENTATION OF LABOR-MANAGEMENT PARTNERSHIPS THROUGHOUT
THE EXECUTIVE BRANCH.
The President shall direct the head of each agency which is subject
to chapter 71 of title 5, United States Code, or any other authority
permitting employees of such agency to select an exclusive representative
to take the following actions:
(1) Create labor-management partnerships by forming labor-management
committees or councils at appropriate levels, or adapting existing
committees or councils if such groups exist.
(2) Involve employees and employee representatives as full partners
with management representatives to improve the civil service to better
serve the public and carry out the mission of the agency.
(3) Provide systemic training of appropriate agency employees (including
line managers, first-line supervisors, and labor organization representatives)
in consensual methods of dispute resolution, such as alternative dispute
resolution techniques and interest-based bargaining approaches.
(4) Negotiate, at the request of the labor organization, on the subjects
set forth in section 7106(b)(1) of title 5, United States Code, and
instruct subordinate officials to do the same.
(5) Evaluate progress and improvements in organizational performance
resulting from such labor-management partnerships.
SEC. 4. DEFINITIONS.
For purposes of this Act--
(1) the terms `agency' and `labor organization' have the meanings
set forth in section 7103(a) of title 5, United States Code;
(2) the term `Federal employee' means an employee, as defined by section
7103(a)(2) of title 5, United States Code;
(3) the term `Federal manager' means a management official, as defined
by section 7103(a)(11) of title 5, United States Code; and
(4) the term `senior executive' has the meaning given such term by
section 3132(a)(3) of title 5, United States Code.
END
