Presidential DocumentExecutive Order 13522E9-29781
Creating Labor-Management Forums to Improve Delivery of Government Services
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 14, 2009
Signed
December 9, 2009
Issuing agencies
Executive Office of the President
Full Text
<html>
<head>
<title>Federal Register, Volume 74 Issue 238 (Monday, December 14, 2009)</title>
</head>
<body><pre>
[Federal Register Volume 74, Number 238 (Monday, December 14, 2009)]
[Presidential Documents]
[Pages 66203-66206]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E9-29781]
[[Page 66201]]
-----------------------------------------------------------------------
Part II
The President
-----------------------------------------------------------------------
Executive Order 13522--Creating Labor-Management Forums to Improve
Delivery of Government Services
Memorandum of December 9, 2009--Medicare Demonstration to Test Medical
Homes in Federally Qualified Health Centers
Presidential Documents
<3-ln }><un-2-st><ints-2-st><un-2-st>||<greek-S>]
<Register><un-2-st><implies><n-imps>/<radical><un-2-st>|| <SUP>0</SUP>
1/22/57/4<INF>x-0</INF> 7/161/16<INF>x-8</INF> 9/642/5<INF>x-0</INF>
5/87/89/16 <SUP>0</SUP> 7/642/51/55/21/1<yen><INF>x-8</INF>
7/327/23/27/29/41/27/2<orndash> 3/81/16<INF>x-8</INF> 5/81/81/8<SUP>1</SUP>
0</SUP> <INF>4</INF><orndash>7/21/63/35/27/21/52/63/31/17/4
7/322/53/23/69/47/21/52/61/6
Federal Register
Title 3--
The President
[[Page 66203]]
Executive Order 13522 of December 9, 2009
Creating Labor-Management Forums to Improve
Delivery of Government Services
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to establish a cooperative and
productive form of labor-management relations
throughout the executive branch, it is hereby ordered
as follows:
Section 1. Policy. 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
nonadversarial forum for managers, employees, and
employees' union representatives to discuss Government
operations will promote satisfactory labor relations
and improve the productivity and effectiveness of the
Federal Government. Labor-management forums, as
complements to the existing collective bargaining
process, will allow managers and employees to
collaborate in continuing to deliver the highest
quality services to the American people. Management
should discuss workplace challenges and problems with
labor and endeavor to develop solutions jointly, rather
than advise union representatives of predetermined
solutions to problems and then engage in bargaining
over the impact and implementation of the predetermined
solutions.
The purpose of this order is to establish a
cooperative and productive form of labor-management
relations throughout the executive branch.
Sec. 2. The National Council on Federal Labor-
Management Relations. There is established the National
Council on Federal Labor-Management Relations
(Council).
(a) Membership. The Council shall be composed of
the following members appointed or designated by the
President:
(i) the Director of the Office of Personnel Management (OPM) and Deputy
Director for Management of the Office of Management and Budget (OMB), who
shall serve as Co-Chairs of the Council;
(ii) the Chair of the Federal Labor Relations Authority;
(iii) a Deputy Secretary or other officer with department- or agency-wide
authority from each of five executive departments or agencies not otherwise
represented on the Council, who shall serve for terms of 2 years;
(iv) the President of the American Federation of Government Employees, AFL-
CIO;
(v) the President of the National Federation of Federal Employees;
(vi) the President of the National Treasury Employees Union;
(vii) the President of the International Federation of Professional and
Technical Engineers, AFL-CIO;
(viii) the heads of three other labor unions that represent Federal
employees and are not otherwise represented on the Council, who shall serve
for terms of 2 years;
(ix) the President of the Senior Executives Association; and
(x) the President of the Federal Managers Association.
(b) Responsibilities and Functions. The Council
shall advise the President on matters involving labor-
management relations in the executive branch. Its
activities shall include, to the extent permitted by
law:
(i) supporting the creation of department- or agency-level labor-management
forums and promoting partnership efforts between labor and management in
the executive branch;
[[Page 66204]]
(ii) developing suggested measurements and metrics for the evaluation of
the effectiveness of the Council and department or agency labor-management
forums in order to promote consistent, appropriate, and administratively
efficient measurement and evaluation processes across departments and
agencies;
(iii) collecting and disseminating information about, and providing
guidance on, labor-management relations improvement efforts in the
executive branch, including results achieved;
(iv) utilizing the expertise of individuals both within and outside the
Federal Government to foster successful labor-management relations,
including through training of department and agency personnel in methods of
dispute resolution and cooperative methods of labor-management relations;
(v) developing recommendations for innovative ways to improve delivery of
services and products to the public while cutting costs and advancing
employee interests;
(vi) serving as a venue for addressing systemic failures of department- or
agency-level forums established pursuant to section 3 of this order; and
(vii) providing recommendations to the President for the implementation of
several pilot programs within the executive branch, described in section 4
of this order, for bargaining over subjects set forth in 5 U.S.C.
7106(b)(1).
(c) Administration.
(i) The Co-Chairs shall convene and preside at meetings of the Council,
determine its agenda, and direct its work.
(ii) The Council shall seek input from nonmember executive departments and
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.
(iii) 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.
(iv) 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.
(v) The heads of executive departments and agencies shall, to the extent
permitted by law, provide to the Council such assistance, information, and
advice as the Council may require for purposes of carrying out its
functions.
(vi) 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) Termination. The Council shall terminate 2
years after the date of this order unless extended by
the President.
Sec. 3. Implementation of Labor-Management Forums
Throughout the Executive Branch.
(a) The head of each executive department or
agency that is subject to the provisions of the Federal
Service Labor-Management Relations Act (5 U.S.C. 7101
et seq.), or any other authority permitting employees
of such department or agency to select an exclusive
representative shall, to the extent permitted by law:
[[Page 66205]]
(i) establish department- or agency-level labor-management forums by
creating labor-management committees or councils at the levels of
recognition and other appropriate levels agreed to by labor and management,
or adapting existing councils or committees if such groups exist, to help
identify problems and propose solutions to better serve the public and
agency missions;
(ii) allow employees and their union representatives to have pre-decisional
involvement in all workplace matters 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
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 its labor-management
forums; and
(iii) evaluate and document, in consultation with union representatives and
consistent with the purposes of this order and any further guidance
provided by the Council, changes in employee satisfaction, manager
satisfaction, and organizational performance resulting from the labor-
management forums.
(b) Each head of an executive department or agency
in which there exists one or more exclusive
representatives shall, in consultation with union
representatives, prepare and submit for approval,
within 90 days of the date of this order, a written
implementation plan to the Council. The plan shall:
(i) describe how the department or agency will conduct a baseline
assessment of the current state of labor relations within the department or
agency;
(ii) report the extent to which the department or agency has established
labor-management forums, as set forth in subsection (a)(i) of this section,
or may participate in the pilot projects described in section 4 of this
order;
(iii) address how the department or agency will work with the exclusive
representatives of its employees through its labor-management forums to
develop department-, agency-, or bargaining unit-specific metrics to
monitor improvements in areas such as labor-management satisfaction,
productivity gains, cost savings, and other areas as identified by the
relevant labor-management forum's participants; and
(iv) explain the department's or agency's plan for devoting sufficient
resources to the implementation of the plan.
(c) The Council shall review each executive
department or agency implementation plan within 30 days
of receipt and provide a recommendation to the Co-
Chairs as to whether to certify that the plan satisfies
all requirements of this order. Plans that are
determined by the Co-Chairs to be insufficient will be
returned to the department or agency with guidance for
improvement and resubmission within 30 days. Each
department or agency covered by subsection (b) of this
section must have a certified implementation plan in
place no later than 150 days after the date of this
order, unless the Co-Chairs of the Council authorize an
extension of the deadline.
Sec. 4. Negotiation over Permissive Subjects of
Bargaining.
(a) In order to evaluate the impact of bargaining
over permissive subjects, several pilot projects of
specified duration shall be established in which some
executive departments or agencies elect to bargain over
some or all of the subjects set forth in 5 U.S.C.
7106(b)(1) and waive any objection to participating in
impasse procedures set forth in 5 U.S.C. 7119 that is
based on the subjects being permissive. The Council
shall develop recommendations for establishing the
pilot projects, including (i) recommendations for
evaluating such pilot projects on the basis, among
other things, of their impacts on organizational
performance, employee satisfaction, and labor relations
of the affected departments or agencies; (ii)
recommended methods for evaluating the effectiveness of
dispute resolution procedures
[[Page 66206]]
adopted and followed in the course of the pilot
projects; and (iii) a recommended timeline for
expeditious implementation of the pilot programs.
(b) The Council shall present its recommendations
to the President within 150 days after the date of this
order.
(c) No later than 18 months after implementation of
the pilot projects, the Council shall submit a report
to the President evaluating the results of the pilots
and recommending appropriate next steps with respect to
agency bargaining over the subjects set forth in 5
U.S.C. 7106(b)(1).
Sec. 5. General Provisions.
(a) Nothing in this order shall abrogate any
collective bargaining agreements in effect on the date
of this order.
(b) Nothing in this order shall be construed to
limit, preclude, or prohibit any head of an executive
department or agency from electing to negotiate over
any or all of the subjects set forth in 5 U.S.C.
7106(b)(1) in any negotiation.
(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 OMB 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, 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.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
December 9, 2009.
[FR Doc. E9-29781
Filed 12-11-09; 8:45 am]
Billing code 3195-W0-P
</pre></body>
</html>Indexed from Federal Register on December 14, 2009.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.