II 

115TH CONGRESS 

2D SESSION S. 2340 

To establish the Federal Labor-Management Partnership Council. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25, 2018 

Mr. SCHATZ (for himself, Mr. BROWN, Ms. WARREN, and Mr. CARDIN) 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. 

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 2018’’. 

6 SEC. 2. ESTABLISHMENT OF FEDERAL LABOR-MANAGE7 MENT PARTNERSHIP COUNCIL. 

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

9 5, United States Code, is amended by adding at the end 

10 the following: 


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1 ‘‘§ 7107. Federal Labor-Management Partnership 

2 Council 

3 ‘‘(a) ESTABLISHMENT.—There is established a coun4 cil to be known as the ‘Federal Labor-Management Part5 nership Council’ (referred to in this section as the ‘Coun6 cil’). 

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

8 of— 

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

10 Management; 

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

12 the Office of Management and Budget; 

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

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

15 otherwise represented on the Council, who shall be 

16 appointed by the President; 

17 ‘‘(4) the Chairman of the Federal Labor Rela18 tions Authority; 

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

20 Conciliation Service; 

21 ‘‘(6) 2 members who shall be appointed by the 

22 President to represent the respective labor organiza23 tions representing (as exclusive representatives) the 

24 first and second largest numbers of employees sub25 ject to this chapter or any other authority permit26 ting employees to select an exclusive representative; 


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1 ‘‘(7) 4 members who shall be appointed by the 

2 President to represent labor organizations rep3 resenting (as exclusive representatives) substantial 

4 numbers of employees subject to this chapter or any 

5 other authority permitting employees to select an ex6 clusive representative— 

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

8 due consideration to such factors as the relative 

9 numbers of employees represented by the var10 ious organizations; and 

11 ‘‘(B) not more than two of whom may, at 

12 any time, be representatives of the same labor 

13 organization or council, federation, alliance, as14 sociation, or affiliation of labor organizations; 

15 ‘‘(8) 1 member who shall be appointed by the 

16 President to represent the organization representing 

17 the largest number of senior executives (as that term 

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

19 ‘‘(9) 1 member who shall be appointed by the 

20 President to represent the organization representing 

21 the largest number of management officials. 

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

23 Council shall— 

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

25 labor-management relations in the executive branch; 


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1 ‘‘(2) support the creation of local labor-manage2 ment partnership councils that promote partnership 

3 efforts in the executive branch; 

4 ‘‘(3) collect and disseminate information about 

5 and provide guidance on partnership efforts in the 

6 executive branch, including the results of those ef7 forts; and 

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

9 and outside the Federal Government, to foster part10 nership arrangements in the executive branch. 

11 ‘‘(d) ADMINISTRATION.— 

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

13 Personnel Management and the Deputy Director for 

14 Management of the Office of Management and 

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

16 ‘‘(2) MEETINGS.—The Council shall meet quar17 terly and at the call of the co-chairs or a majority 

18 of the members of the Council. 

19 ‘‘(3) OUTSIDE INPUT.—The Council— 

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

21 represented on the Council, particularly smaller 

22 agencies; 

23 ‘‘(B) may from time to time, in the discre24 tion of the Council, invite experts from the priVerDate Sep 11 2014 01:28 Jan 26, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2340.IS S2340

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1 vate and public sectors to submit information; 

2 and 

3 ‘‘(C) shall seek input from companies, non4 profit organizations, State and local govern5 ments, employees, and customers of Federal 

6 services, as needed. 

7 ‘‘(4) ASSISTANCE OF THE OFFICE OF PER8 SONNEL MANAGEMENT.—To the extent permitted by 

9 law and subject to the availability of appropriations, 

10 the Director of the Office of Personnel Management 

11 shall, upon request, provide such staff, facilities, 

12 support, and administrative services to the Council 

13 as the Director considers appropriate. 

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

15 Council shall serve without compensation for their 

16 work on the Council. 

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

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

19 provide to the Council such assistance, information, 

20 and advice as the Council may request. 

21 ‘‘(e) GENERAL PROVISIONS.— 

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

23 to or appearances before Congress that may be re24 quested or required of the Council shall be made by 

25 a co-chair of the Council. 


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1 ‘‘(2) TERMS OF MEMBERSHIP.—A member ap2 pointed under paragraph (3), (6), (7), (8), or (9) of 

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

4 years, except that any individual chosen to fill a va5 cancy under any of those paragraphs shall be— 

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

7 the member replaced; and 

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

9 as applied with respect to the original appoint10 ment. 

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

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

13 (8), or (9) of subsection (b) may serve after the ex14 piration of that member’s term until a successor has 

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

16 term expires. 

17 ‘‘(4) NOT SPECIAL GOVERNMENT EMPLOY18 EES.—A member who is not otherwise an employee 

19 shall not be considered a special Government em20 ployee for any purpose. 

21 ‘‘(5) NO TERMINATION.—Section 14(a)(2) of 

22 the Federal Advisory Committee Act (5 U.S.C. 

23 App.) shall not apply to the Council. 


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1 ‘‘§ 7108. Implementation of labor-management part2 nerships throughout the executive 

3 branch 

4 ‘‘The head of each agency that is subject to this chap5 ter or any other authority permitting employees of the 

6 agency to select an exclusive representative shall take the 

7 following actions: 

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

9 forming labor-management committees or councils at 

10 appropriate levels, or adapting existing committees 

11 or councils if such groups exist. 

12 ‘‘(2) Involve employees and employee represent13 atives as full partners with management representa14 tives to improve the civil service to better serve the 

15 public and carry out the mission of the agency. 

16 ‘‘(3) Provide systemic training of appropriate 

17 agency employees (including line managers, first-line 

18 supervisors, and labor organization representatives) 

19 in consensual methods of dispute resolution, such as 

20 alternative dispute resolution techniques and inter21 est-based bargaining approaches. 

22 ‘‘(4)(A) Allow employees and employee rep23 resentatives to have pre-decisional involvement in all 

24 workplace matters to the fullest extent practicable, 

25 without regard to whether those matters are nego26 tiable subjects of bargaining under section 7106. 


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1 ‘‘(B) Provide adequate information on the mat2 ters described in subparagraph (A) expeditiously to 

3 employee representatives where not prohibited by 

4 law. 

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

6 issues concerning proposed changes in conditions of 

7 employment, including those involving the subjects 

8 set forth in section 7106(b)(1), through discussions 

9 in the labor-management committees or councils es10 tablished or adapted by the agency under paragraph 

11 (1) of this section. 

12 ‘‘(5) Evaluate progress and improvements in or13 ganizational performance resulting from the labor14 management partnerships described in paragraph 

15 (1).’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

18 States Code, is amended by inserting after the item relat19 ing to section 7106 the following: 

‘‘7107. Federal Labor-Management Partnership Council. 

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

Æ 


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