1. Creating Labor-Management Forums To Improve Delivery of Government Services Executive Order 13522 December 9, 2009

2. Preamble Federal employees and unions are essential sources of ideas and information about the realities of delivering government services. A nonadversarial forum to proactively discuss Government operations will promote satisfactory labor relations and improve productivity and effectiveness in the Government.

3. Preamble (con’t) Forums, as compliments to bargaining, allow parties to collaborate so as to deliver the highest quality services. Management should discuss workplace challenges/problems with labor endeavoring to develop solutions jointly, rather than advise unions of predetermined solutions and then engage in impact and implementation bargaining.

4. National Council Membership Membership OPM, OMB (Co-chairs) FLRA Five Deputy Secretaries with 2 year terms AFGE, NFFE, NTEU, IFPTE, and three other unions with 2 year terms Senior Executives Assoc and FMA

5. Council Responsibilities Advise President on matters involving LR – Support creation of department or agency* level forums and promote partnership. – Develop suggested measurements and metrics for evaluation of effectiveness of Council and agency forums to promote consistent, appropriate and administratively efficient measurement and evaluation process. * The term “agency” in the following charts indicates “department or agency”

6. Council Responsibilities (con’t) – Collect and disseminate info and guidance on labor-mgm’t improvement efforts, including results achieved. – Utilize experts in and out of Fed Gov’t to foster successful labor-mgm’t relations, incl training on dispute resolution and cooperative labor management relations. – Develop recommendations for innovative ways to improve delivery of services and products to the public while cutting costs and advancing employee interests.

7. Council Responsibilities (con’t) – Serve as venue for addressing systemic failure of agency forums. – Provide recommendations for several pilot programs involving permissive bargaining. (5 USC 7106(b)(1))

8. Council Administration Seek input from agencies, private/public sector, companies, local government, employees, managers, customers. Council members not compensated, but may get travel and per diem. Agencies provide assistance, info and advice as requested by Council. Council terminates in two years unless extended by President.

9. Executive Branch Forums Each agency shall – – Establish agency level committees or councils at level of recognition, and other appropriate levels agreed to by the parties, to help identify problems and propose solutions to better serve the public and agency mission. – Allow employees and unions pre-decisional involvement in all workplace matters to fullest extent practicable, without regard to management rights and provide adequate information on these matters expeditiously to unions unless bared by law.

10. Executive Branch Forums (Con’t) Make good faith attempt to resolve issues concerning proposed changes to conditions of employment, including 7106(b)(1) matters, through discussion in the forums. Evaluate and document, in consultation with union, changes in employee/manager satisfaction and organizational performance resulting from labor-management forums.

11. Within 90 days of the E.O., each agency, in coordination with unions, shall submit to the Council, for approval, a written implementation plan that: – Describes how the agency will conduct a baseline survey assessing current state of labor relations. – Reports extent to which forums are established or how the agency may participate in (b)(1) bargaining pilots. – Addresses how the agency will work with unions in the forum to develop metrics to monitor improvements in areas such as L-M satisfaction, productivity gains, cost savings, etc. – Explain the agency’s plan for devoting sufficient resources to implement the plan. Implementation Plan

12. Council reviews each agency plan within 30 days of receipt. Co-chairs certify plans or return to agency with guidance for improvement and resubmission within 30 days. Each agency must have certified plan in place within 150 days of the E.O. unless co-chairs authorize an extension. Council Review

13. To evaluate permissive bargaining, several projects of specific duration shall be established in which some agencies elect to bargain some or all permissive rights (to include waiving objections of presenting those permissive matter to impasse resolution (FSIP)). Negotiating Permissive Rights

14. Council shall recommend pilot projects, including recommendations for: 1. evaluation based on impact on organizational performance, employee satisfaction, and labor relations; 2. methods for evaluating effectiveness of dispute resolution procedures; and 3. timeline for expeditious implementation of the pilot. Council has 150 days to present its recommendations to the President. No later than 18 months after implementation of the pilots, Council submits report to the President with recommendations. Negotiating Permissive Rights (con’t)

15. Nothing in the Order: – abrogates a current collective bargaining agreement. – limits, precludes, or prohibits an agency from electing to bargain over permissive matters. – impairs authority granted by law to an agency or functions of OMB relating to budgetary, administrative or legislative proposals. General Provisions

16. Implement Order consistent with law and subject to availability of appropriations. Order intended only to improve internal management of executive branch and does not create right to administrative or judicial review or any other right or benefit. General Provisions (con’t)