The Federal Mediation and Conciliation Service Creating Labor Management Forums to Improve Delivery of Government Services President Obama Executive Order December 9, 2009

COURSE OBJECTIVES  Orientation to Executive Order  Introduction to Labor-Management Committees  Skill Building  Discuss Next Steps for Starting a Labor- Management Committee 2

Other FMCS Services  Assistance in Labor/ Management relationship building  Labor/Management grants program  ADR consultation and service delivery  Training /Mentoring  FMCS is located in over 75 field offices  Created as part of the Labor-Management Act of 1947 (Taft-Hartley)  Primary mission: To provide mediation assistance to minimize the effect of strikes and lock outs; Promote sound and stable labor management relations  Provides service pursuant to the Federal Service Labor Management Statute A BRIEF INTRODUCTION TO FMCS 3

WORKING TOGETHER IS NOTHING NEW In 1978, Congress found that – experience in both private and public employment indicates that the statutory protection of the right of employees to organize, bargain collectively and participate through labor organizations of their own choosing in decisions which affect them --  safeguards the public interests,  contributes to the effective conduct of public business, and  facilitates and encourages the amicable settlements of disputes between employees and their employers involving conditions of employment. Source: Federal Service Labor Management Relations Statute :5 USC 7107(A) 4

EXECUTIVE ORDER EXPECTATIONS  Establishes a new direction for Federal sector labor relations  Similar, but different from Clinton Executive Order  Seeks to create a non-adversarial atmosphere where labor and management will be able to meet and address:  Promotion of satisfactory labor relations  Improvement of the Federal Government’s productivity and effectiveness 5

EXECUTIVE ORDER HIGHLIGHTS  Purpose: to establish a cooperative and productive form of labor-management relations throughout the executive branch  Establishes the National Council on Federal Labor-Management Relations  Director, OPM & OMB Deputy Director, Co-chairs  Chair, FLRA  Deputy Secretary (or other officer) from each of 5 executive departments or agencies  Presidents, AFGE, NFFE, NTEU, IFPTE, and the heads of 3 other unions  President, Senior Executive Association  President, Federal Managers Association 6

EXECUTIVE ORDER HIGHLIGHTS  Council Responsibilities and Functions  Advise the President on matters involving labor- management relations in the executive branch  Support the creation of Department or Agency level labor-management forums  Develop recommendations for innovative ways to improve delivery of services and products to the public while cutting costs and advancing employee interests  Recommend to President implementation of several pilot programs 7

EXECUTIVE ORDER HIGHLIGHTS  Labor-Management Forums in the Executive Branch  Each executive department or agency shall : Establish department/agency level labor management committees to help identify problems and propose solutions to better serve the public and agency missions Allow for pre-decisional involvement in all workplace matters to the fullest extent practical without regard to permissive or management rights status and expeditiously provide information Evaluate and document changes in employee/manager satisfaction, and organizational performance 8

AN INTRODUCTION TO LABOR MANAGEMENT COMMITTEES  The Five “W’s”  Who?  What?  When?  Where ?  Why? 9

THE FIVE “W’s” OF PARTNERSHIP An equal number of labor and management representatives; responsible and capable leaders who are willing and able to make decisions and promote trust. WHO 10

The process of labor and management working together with a common goal of discussing and resolving mutual problems and improving their relationship WHAT? 11

LMC ACTIVITIES  INFORMATION  seeking, sharing  PROBLEM SOLVING RULES  no grievances, no changes to collective bargaining agreement  DECISION LEVELS  input, recommend, consensus 12

LABOR MANAGEMENT HOW MUCH COOPERATION? 13

LABOR MANAGEMENT HOW MUCH COOPERATION? 14

LABOR MANAGEMENT YOU DECIDE 15

THE AGENDA  Prepared and distributed in advance  Developed jointly by the parties exchanging topics  Allows for discussion of emergency items 16

DISCUSSIONS  Follow a logical problem solving process Define & analyze mutually identified problems Explore all possible solutions Select the best solution Plan action & follow up 17

WHAT GETS DISCUSSED? Customer service Training Work processes Morale problems Health and safety Any mutually agreeable topics 18

USE “SMART” GOALS SMART Goal Setting in 5 Easy Steps StepMnemonic (memory aid) DescriptionCriteria met 1SpecificWho, what, when, where, why  2MeasurableHow much or how many  3Action oriented Desired steps and results  4Rrealistic, relevant Can it be done, will it accomplish desired outcome  5Time basedBy when  19

DECISION MAKING  Made by consensus and not by voting  If a consensus is not reached on a topic after thorough discussion, the topic can revert to its proper place in the labor management relationship, grievance procedure, or negotiations. 20

CONSENSUS DECISION MAKING  DEFINITION: A decision which all members of a group can agree upon. The decision may not be everyone’s first choice, but they have heard it and everyone can live with it.  PROCESS: The group must agree to work together until they find a solution that doesn’t compromise strong convictions or needs. 21

WHY CONSENSUS DECISION MAKING?  BUILDS GROUP UNITY  MAXIMIZES GROUP INPUT  ACHIEVES COMMITMENT & SATISFACTION  IMPROVES RELATIONSHIPS 22

A Working Definition of Consensus 70% COMFORTABLE 100% COMMITTED 23

Regular meetings should be scheduled for a set time of approximately one - two hours WHEN 24

Arrange an adequate meeting room to conduct meetings; free of distractions and equipped with a flipchart, computer, comfortable seating and a table WHERE 25

WHY?  Accomplishes goals of the Executive Order  An additional positive dimension of the collective bargaining relationship 26

LMC PITFALLS Parties use committee as a tool to get what they could not get at the bargaining table Parties go through the motions and do not do anything Not an effective means of getting input 27

INTERACTIVE DISCUSSION  Think about any experience you’ve had working with a committee:  What worked?  What didn’t work? 28

LMC ACTIVITIES TASKS  THE SUBJECT MATTER OR TASK THAT THE GROUP IS WORKING ON  USUALLY THE FOCUS OF EVERYONE’S ATTENTION PROCESS  WHAT IS HAPPENING TO AND AMONG GROUP MEMBERS WHILE THE GROUP IS WORKING 29

SUCCESSFUL COMMITTEES NEED A BALANCE PROCEDURES TASKS RELATIONSHIPS PROCESS MAXIMUM EFFECTIVENESS 30

WHAT MAKES COMMITTEES EFFECTIVE? EFFECTIVE PLANNING EFFECTIVE MEETINGS GROUP PROBLEM SOLVING CONSENSUS DECISION MAKING COMMUNICATION WITH CONSTITUENTS EFFECTIVE PLANNING 31

HOW DO COMMITTEES ACHIEVE MAXIMUM EFFECTIVENESS? INTERPERSONAL SKILLS GROUP DYNAMICS SHARED LEADERSHIP UNDERSTAND SELF AND OTHERS 32

LABOR MANAGEMENT COMMTTEE TOOLS  consensus decision making  brainstorming  active listening  force field analysis  problem solving models  six step  interest based problem solving 33

1. CONSIDER 2. DESIGN 3. MANAGE 4. MEASURE PHASES OF COMMITTEE GROWTH 34

Consider  Motivation to improve the relationship  Where do you need to start  Commitment to explore cooperation process jointly from the beginning  Willingness to identify benefits of and restraints to cooperation  Open and honest sharing of information and feedback  Interest in exploring new roles and responsibilities  Willingness to learn while leading  Have the long term perspective 35

 Topics to Explore:  Purpose  Membership  Structure  Decision Making Process  Dispute Resolution Process  Facilitation and Training  Behavioral Ground Rules (unwritten?)  Logistics and Resource Support  Communication with Constituents Design 36

 Demonstrate joint leadership and responsibility  Develop a strategic plan for cooperation  Identify and solve problems  Use facilitators  Communicate with constituents  Support each other in the process of change Manage 37

 Some key questions to ask:  What has improved because of the labor management committee  What aspects of the relationship need further attention  What action does the committee need to take  Opportunity for reconsideration and redesign  How to expand skills Measure 38

INTERACTIVE EXERCISE  Brainstorm Ways to Get Started with a Labor Management Committee 39

RULES FOR BRAINSTORMING  Define problem  No criticism  No killer phrases  Use freewheeling imagination  Build on other’s ideas  Aim for quantity  Record each idea 40

VIDEO: “From No To Yes” See Appendix to follow points from the Video 41

INTERACTIVE EXERCISE  Accelerated Consensus Decision Making:  Using the results from the brainstorming exercise:  Agree on the most effective ways to start a labor management committee 42

GETTING GOING: Where you start depends on where you are Troubled Relationship Functional relationship High level of cooperative behaviors Existing Successful L/M Partnership Troubled Relationship 43

Building Labor Management Relationships  Labor Management Forum Training  Facilitation  Committee Effectiveness Training  Steward Supervisors Skills Development  Assessment Programs  Putting it Back Together  Relationships-by-Objectives (RBO)  Grievance Mediation 44