EXECUTIVE
ORDER
EO 12871
Effective Date: October 01, 1993

Responsible Office: Office of Human Resources and Education
Subject: LABOR-MANAGEMENT PARTNERSHIPS

				TEXT

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.

By the authority vested in me 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:

Section 1. THE NATIONAL PARTNERSHIP COUNCIL. (a) Establishment
and Membership.  There is established the National Partnership
Council ("Council").  The Council shall comprise the following
members appointed by the President:

     (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 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 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.

     (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 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.

     (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.

     (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 guidances 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 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 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.

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
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.

                              /s/William J. Clinton


THE WHITE HOUSE,
October 1, 1993.

			

Back to Main Menu