CAPITALIZING ON COLLABORATION ENGAGING TO WIN

Review and discuss EO in some detail Compare and contrast EO with EO A primer on “forming the forum” (if you don’t have one already) Guiding principles, metrics and other advice from National Council on Federal Labor- Management Relations

Discuss Federal Workers Alliance (FWA) Discuss pros and cons of forming alliances with other unions; with other organizations

“Creating Labor-Management Forums To Improve Delivery of Government Services” Signed December 9, 2009 Signals a “new era” in labor-management relations in the federal government

Section 1 Federal employees and their union representatives are an essential source of ideas and information Nonadversarial forum will improve the productivity and effectiveness of Federal Government Language on predecisional involvement

Section 2 Creates National Council on Federal Labor- Management Relations Council membership: 7 union members, Asst. Secretary from 5 Departments, Chair of FLRA, President of SEA, President of FMA, Director of OPM and Deputy Director of OMB as co-chairs

Role of Council is: “Champion of LM forums; Provide guidance and information on principles and metrics for LM forums; Assist with training for LM forums, unions, and management Monitor effectiveness of LM forums; Provide the President with (b)(1) bargaining pilot recommendations

Section 3 Requires establishment of LM forums at level of recognition and other appropriate levels agreed to by labor and management, or adapt existing groups if they exist Requires unions have pre-decisional involvement in all workplace matters without regard to whether those matters are negotiable subjects of bargaining

Management required to provide adequate information expeditiously Management required to resolve issues concerning proposed changes in conditions of employment, including (b)(1) issues, through discussions in LM forums Requirement for LM forums to evaluate their effectiveness

Each Department required to consult with union(s) in preparation and submission of implementation plan to Natl. Council including: Conducting baseline assessment of current state of labor relations; Report on existing forums (if appropriate); Address how management will engage union(s) in LM forums in development of metrics;

Explain Department’s plan for devoting sufficient resources to implementation of plan National Council reviews plans and approves or disapproves plans. Plans not approved are reworked by Department until approved.

Section 4 Creates opportunity for (b)(1) pilot projects to assess impact over bargaining permissive subjects Pilots can limit bargaining or allow full bargaining on permissive subjects Natl. Council to report to President on pilots after 18 months

Section 5 EO doesn’t abrogate CBA in effect when EO signed EO doesn’t limit (b)(1) bargaining outside of pilot projects

EO 12871EO  Labor Management Partnerships  Focus on NPR/government reform  National Partnership Council with 11 members (4 union, 7 managers)  Council to support partnership efforts, collect and disseminate info on partnership efforts, work with President’s Management Council toward reform consistent with NPR recommendations  Labor Management Forums  Focus on improving productivity and effectiveness of federal government  National Council on Federal Labor- Management Relations with 17 members (7 union, 10 managers)  Council to support creation of forums, develop metrics for evaluation of effectiveness of Council and forums, collect and disseminate info on LMR improvements, develop recommendations for ways to improve delivery of goods/services to public, serve as venue for addressing systemic problems of LM forums

EO 12871EO  Council to terminate after 2 years unless extended  Head of each agency required to create labor-management partnerships by forming labor- management committees or councils at appropriate levels or adapting existing councils or committees if they exist, to help reform government  Council to terminate after 2 years unless extended  Head of each agency required to create LM committees or councils at levels of recognition and other appropriate levels agreed to by labor and management or adapting existing councils or committees if they exist, to help identify problems and propose solutions to better serve the public and agency missions

EO 12871EO  Involve employees and their union representatives as full partners with management reps to identify problems and craft solutions  No mention of pre-decisional involvement afforded to unions  Requires agency head and subordinates to negotiate on (b)(1) subjects  Evaluate progress and improvements in organizational performance resulting from LM partnerships  Allow employees and their union reps to have pre-decisional involvement in all workplace matters to the fullest extent practicable, without regard to whether these matters are negotiable subjects of bargaining  Establishes pilot projects to negotiate on (b)(1) subjects to evaluate impact of bargaining  Evaluate and document in consultation with union reps changes in employee satisfaction, manager satisfaction and organizational performance resulting from LM forums

EO 12871EO  No requirement to develop an implementation plan on how partnership councils/committees will be implemented in an agency  Requirement for department/agency, in consultation with labor, to submit implementation plan which discusses: how agency will conduct baseline assessment of current state of LMR; report on extent to which agency has established LM forums, or may participate in (b)(1) pilot projects; address how agency will work with labor to develop metrics to monitor effectiveness of LM forums

Develop a Charter for the forum The Five “W”s  Who?  What?  When?  Where?  Why?

An equal number of labor and management reps; responsible and capable leaders who are willing and able to make decisions and promote trust

The process of labor and management working together with a common goal of discussing and resolving mutual problems and improving their relationship

Sharing of information – earlier the better, more complete the better. Strive for “no surprises”. Decision levels of forum –input vs. recommend vs. joint decision-making (could be different for topic being discussed) Make decisions by consensus, not voting If consensus not reached on a topic, the topic can revert to its proper place in the labor management relationship (grievance procedure or negotiations)

Agenda prepared and distributed in advance of meeting Agenda developed jointly by the parties Build in time for discussion of emergency/emerging topics What topics are handled by the forum? Discussions need to follow a logical problem solving process

Consider use of facilitator Note taker essential – capture decisions and make sure assignments/commitments are clear with due dates and expectations laid out Communication plan essential – how does LM forum communicate with its “constituents”?

LM forums should establish regular meetings scheduled for a set time Set meeting schedule as far in advance as possible, to allow participants to free up their calendars

Arrange for adequate meeting space which: is free of distractions; has comfortable seating and a table; is equipped with flipcharts, computer, projector (as needed)

Accomplishes goals of Exec. Order An additional positive dimension of the collective bargaining relationship

Don’t use forum as a tool to get what you could not get at the bargaining table Don’t “go through the motions” and get nothing done Procedures/tasks need to be balanced with relationships/process

Effective planning Effective meetings Group problem solving Consensus decision-making Communication with constituents Understanding self and others Interpersonal skills Shared leadership and accountability

If you already have an established LM committee, partnership council, LM forum, etc. and the parties are happy with it how it is working and the work being accomplished, then no need to change it. If your existing committee/council/forum is “broke”, you now have the license and authority to “fix it”