II 

118TH CONGRESS 

2D SESSION S. 4039 

To establish the Federal Labor-Management Partnership Council, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 21, 2024 

Mr. SCHATZ (for himself, Mr. FETTERMAN, Mr. VAN HOLLEN, Ms. STABENOW, and Ms. WARREN) introduced the following bill; which was read 

twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To establish the Federal Labor-Management Partnership 

Council, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Labor-Man5 agement Partnership Act of 2024’’. 


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1 SEC. 2. ESTABLISHMENT OF FEDERAL LABOR-MANAGE2 MENT PARTNERSHIP COUNCIL. 

3 (a) IN GENERAL.—Subchapter I of chapter 71 of title 

4 5, United States Code, is amended by adding at the end 

5 the following: 

6 ‘‘§ 7107. Federal Labor-Management Partnership 

7 Council 

8 ‘‘(a) ESTABLISHMENT.—There is established in the 

9 executive branch a council to be known as the ‘Federal 

10 Labor-Management Partnership Council’ (referred to in 

11 this section as the ‘Council’). 

12 ‘‘(b) MEMBERSHIP.—The Council shall be composed 

13 of— 

14 ‘‘(1) the Director of the Office of Personnel 

15 Management; 

16 ‘‘(2) the Deputy Director for Management of 

17 the Office of Management and Budget; 

18 ‘‘(3) a deputy secretary (or other officer with 

19 agency-wide authority) from each of 2 agencies not 

20 otherwise represented on the Council, who shall be 

21 appointed by the President; 

22 ‘‘(4) the Chairman of the Federal Labor Rela23 tions Authority; 

24 ‘‘(5) the Director of the Federal Mediation and 

25 Conciliation Service; 


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1 ‘‘(6) 2 members who shall be appointed by the 

2 President to represent the respective labor organiza3 tions representing (as exclusive representatives) the 

4 first and second largest numbers of employees sub5 ject to this chapter or any other authority permit6 ting employees to select an exclusive representative; 

7 ‘‘(7) 4 members who shall be appointed by the 

8 President to represent labor organizations rep9 resenting (as exclusive representatives) substantial 

10 numbers of employees subject to this chapter or any 

11 other authority permitting employees to select an ex12 clusive representative— 

13 ‘‘(A) each of whom shall be selected giving 

14 due consideration to such factors as the relative 

15 numbers of employees represented by the var16 ious organizations; and 

17 ‘‘(B) not more than 2 of whom may, at 

18 any time, be representatives of the same labor 

19 organization or council, federation, alliance, as20 sociation, or affiliation of labor organizations; 

21 ‘‘(8) 1 member who shall be appointed by the 

22 President to represent the organization representing 

23 the largest number of senior executives (as that term 

24 is defined in section 3132(a)(3)); and 


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1 ‘‘(9) 1 member who shall be appointed by the 

2 President to represent the organization representing 

3 the largest number of management officials. 

4 ‘‘(c) RESPONSIBILITIES AND FUNCTIONS.—The 

5 Council shall— 

6 ‘‘(1) advise the President on matters involving 

7 labor-management relations in the executive branch; 

8 ‘‘(2) support the creation of local labor-manage9 ment partnership councils that promote partnership 

10 efforts in the executive branch; 

11 ‘‘(3) collect and disseminate information about 

12 and provide guidance on partnership efforts in the 

13 executive branch, including the results of those ef14 forts; and 

15 ‘‘(4) use the expertise of individuals, both inside 

16 and outside the Federal Government, to foster part17 nership arrangements in the executive branch. 

18 ‘‘(d) ADMINISTRATION.— 

19 ‘‘(1) CO-CHAIRS.—The Director of the Office of 

20 Personnel Management and the Deputy Director for 

21 Management of the Office of Management and 

22 Budget shall serve as co-chairs of the Council. 

23 ‘‘(2) MEETINGS.—The Council shall meet quar24 terly and at the call of the co-chairs or a majority 

25 of the members of the Council. 


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1 ‘‘(3) OUTSIDE INPUT.—The Council— 

2 ‘‘(A) shall seek input from agencies not 

3 represented on the Council, particularly smaller 

4 agencies; 

5 ‘‘(B) may from time to time, in the discre6 tion of the Council, invite experts from the pri7 vate and public sectors to submit information; 

8 and 

9 ‘‘(C) shall seek input from companies, non10 profit organizations, State and local govern11 ments, employees, and customers of Federal 

12 services, as needed. 

13 ‘‘(4) ASSISTANCE OF THE OFFICE OF PER14 SONNEL MANAGEMENT.—Subject to the availability 

15 of appropriations, the Director of the Office of Per16 sonnel Management shall, upon request, provide 

17 such staff, facilities, support, and administrative 

18 services to the Council as the Director considers ap19 propriate. 

20 ‘‘(5) NO COMPENSATION.—Members of the 

21 Council shall serve without compensation for their 

22 work on the Council. 

23 ‘‘(6) COOPERATION OF OTHER AGENCIES.— 

24 Each agency shall, to the extent permitted by law, 


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1 provide to the Council such assistance, information, 

2 and advice as the Council may request. 

3 ‘‘(e) GENERAL PROVISIONS.— 

4 ‘‘(1) REPORTING TO CONGRESS.—Any reporting 

5 to or appearances before Congress that may be re6 quested or required of the Council shall be made by 

7 a co-chair of the Council. 

8 ‘‘(2) TERMS OF MEMBERSHIP.—A member ap9 pointed under paragraph (3), (6), (7), (8), or (9) of 

10 subsection (b) shall be appointed for a term of 3 

11 years, except that any individual chosen to fill a va12 cancy under any of those paragraphs shall be— 

13 ‘‘(A) appointed for the unexpired term of 

14 the member replaced; and 

15 ‘‘(B) chosen subject to the same conditions 

16 as applied with respect to the original appoint17 ment. 

18 ‘‘(3) SERVICE AFTER EXPIRATION OF TERM.— 

19 A member appointed under paragraph (3), (6), (7), 

20 (8), or (9) of subsection (b) may serve after the ex21 piration of that member’s term until a successor has 

22 taken office, but for not more than 60 days after the 

23 term expires. 

24 ‘‘(4) NOT SPECIAL GOVERNMENT EMPLOY25 EES.—A member who is not otherwise an employee 


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1 shall not be considered a special Government em2 ployee for any purpose. 

3 ‘‘(5) NO TERMINATION.—Section 1013(a)(2) 

4 shall not apply to the Council. 

5 ‘‘§ 7108. Implementation of labor-management part6 nerships throughout the executive 

7 branch 

8 ‘‘The head of each agency that is subject to this chap9 ter or any other authority permitting employees of the 

10 agency to select an exclusive representative shall take the 

11 following actions: 

12 ‘‘(1) Create labor-management partnerships by 

13 establishing labor-management committees or coun14 cils at appropriate levels or, if applicable, adapting 

15 existing committees or councils. 

16 ‘‘(2) Involve employees and employee represent17 atives as full partners with management representa18 tives to improve the civil service to better serve the 

19 public and carry out the mission of the agency. 

20 ‘‘(3) Provide systemic training of appropriate 

21 agency employees (including line managers, first-line 

22 supervisors, and labor organization representatives) 

23 in consensual methods of dispute resolution, such as 

24 alternative dispute resolution techniques and inter25 est-based bargaining approaches. 


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1 ‘‘(4)(A) Allow employees and employee rep2 resentatives to have pre-decisional involvement in all 

3 workplace matters to the fullest extent practicable, 

4 without regard to whether those matters are nego5 tiable subjects of bargaining under section 7106. 

6 ‘‘(B) Provide adequate information on the mat7 ters described in subparagraph (A) expeditiously to 

8 employee representatives where not prohibited by 

9 law. 

10 ‘‘(C) Make a good-faith attempt to resolve 

11 issues concerning proposed changes in conditions of 

12 employment, including changes involving the sub13 jects set forth in section 7106(b)(1), through discus14 sions in the labor-management committees or coun15 cils established or adapted by the agency under 

16 paragraph (1) of this subsection. 

17 ‘‘(5) Evaluate progress and improvements in or18 ganizational performance resulting from the labor19 management partnerships described in paragraph 

20 (1).’’. 

21 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

22 The table of sections for chapter 71 of title 5, United 

23 States Code, is amended by inserting after the item relat24 ing to section 7106 the following: 

‘‘7107. Federal Labor-Management Partnership Council. 

‘‘7108. Implementation of labor-management partnerships throughout the executive branch.’’. 


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1 SEC. 3. IMPLEMENTATION OF LABOR-MANAGEMENT PART2 NERSHIPS IN THE LEGISLATIVE BRANCH. 

3 (a) DEFINITION.—In this section, the term ‘‘covered 

4 legislative branch agency’’ means— 

5 (1) the Office of the Architect of the Capitol; 

6 (2) the Government Accountability Office; and 

7 (3) the United States Capitol Police. 

8 (b) LABOR-MANAGEMENT PARTNERSHIPS.—The 

9 head of each covered legislative branch agency shall take 

10 the following actions: 

11 (1) Create labor-management partnerships by 

12 establishing labor-management committees or coun13 cils at appropriate levels or, if applicable, adapting 

14 existing committees or councils. 

15 (2) Involve employees and employee representa16 tives as full partners with management representa17 tives to improve the civil service to better serve the 

18 public and carry out the mission of the covered legis19 lative branch agency. 

20 (3) Provide systemic training of appropriate 

21 employees of the covered legislative branch agency 

22 (including line managers, first-line supervisors, and 

23 labor organization representatives) in consensual 

24 methods of dispute resolution, such as alternative 

25 dispute resolution techniques and interest-based bar26 gaining approaches. 


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1 (4)(A) Allow employees and employee represent2 atives to have pre-decisional involvement in all work3 place matters to the fullest extent practicable, with4 out regard to whether those matters are negotiable 

5 subjects of bargaining with respect to the covered 

6 legislative branch agency. 

7 (B) Provide adequate information on the mat8 ters described in subparagraph (A) expeditiously to 

9 employee representatives where not prohibited by 

10 law. 

11 (C) Make a good-faith attempt to resolve issues 

12 concerning proposed changes in conditions of em13 ployment, including changes involving the subjects 

14 described in section 7106(b)(1) of title 5, United 

15 States Code, through discussions in the labor-man16 agement committees or councils established or 

17 adapted by the covered legislative branch agency 

18 under paragraph (1) of this subsection. 

19 (5) Evaluate progress and improvements in or20 ganizational performance resulting from the labor21 management partnerships described in paragraph 

22 (1). 

Æ 


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