[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4039 Introduced in Senate (IS)]
<DOC>
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Labor-Management Partnership
Act of 2024''.
SEC. 2. ESTABLISHMENT OF FEDERAL LABOR-MANAGEMENT PARTNERSHIP COUNCIL.
(a) In General.--Subchapter I of chapter 71 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 7107. Federal Labor-Management Partnership Council
``(a) Establishment.--There is established in the executive branch
a council to be known as the `Federal Labor-Management Partnership
Council' (referred to in this section as the `Council').
``(b) Membership.--The Council shall be composed of--
``(1) the Director of the Office of Personnel Management;
``(2) the Deputy Director for Management of the Office of
Management and Budget;
``(3) a deputy secretary (or other officer with agency-wide
authority) from each of 2 agencies not otherwise represented on
the Council, who shall be appointed by the President;
``(4) the Chairman of the Federal Labor Relations
Authority;
``(5) the Director of the Federal Mediation and
Conciliation Service;
``(6) 2 members who shall be appointed by the President to
represent the respective labor organizations representing (as
exclusive representatives) the first and second largest numbers
of employees subject to this chapter or any other authority
permitting employees to select an exclusive representative;
``(7) 4 members who shall be appointed by the President to
represent labor organizations representing (as exclusive
representatives) substantial numbers of employees subject to
this chapter or any other authority permitting employees to
select an exclusive representative--
``(A) each of whom shall be selected giving due
consideration to such factors as the relative numbers
of employees represented by the various organizations;
and
``(B) not more than 2 of whom may, at any time, be
representatives of the same labor organization or
council, federation, alliance, association, or
affiliation of labor organizations;
``(8) 1 member who shall be appointed by the President to
represent the organization representing the largest number of
senior executives (as that term is defined in section
3132(a)(3)); and
``(9) 1 member who shall be appointed by the President to
represent the organization representing the largest number of
management officials.
``(c) Responsibilities and Functions.--The Council shall--
``(1) advise the President on matters involving labor-
management relations in the executive branch;
``(2) support the creation of local labor-management
partnership councils that promote partnership efforts in the
executive branch;
``(3) collect and disseminate information about and provide
guidance on partnership efforts in the executive branch,
including the results of those efforts; and
``(4) use the expertise of individuals, both inside and
outside the Federal Government, to foster partnership
arrangements in the executive branch.
``(d) Administration.--
``(1) Co-chairs.--The Director of the Office of Personnel
Management and the Deputy Director for Management of the Office
of Management and Budget shall serve as co-chairs of the
Council.
``(2) Meetings.--The Council shall meet quarterly and at
the call of the co-chairs or a majority of the members of the
Council.
``(3) Outside input.--The Council--
``(A) shall seek input from agencies not
represented on the Council, particularly smaller
agencies;
``(B) may from time to time, in the discretion of
the Council, invite experts from the private and public
sectors to submit information; and
``(C) shall seek input from companies, nonprofit
organizations, State and local governments, employees,
and customers of Federal services, as needed.
``(4) Assistance of the office of personnel management.--
Subject to the availability of appropriations, the Director of
the Office of Personnel Management shall, upon request, provide
such staff, facilities, support, and administrative services to
the Council as the Director considers appropriate.
``(5) No compensation.--Members of the Council shall serve
without compensation for their work on the Council.
``(6) Cooperation of other agencies.--Each agency shall, to
the extent permitted by law, provide to the Council such
assistance, information, and advice as the Council may request.
``(e) General Provisions.--
``(1) Reporting to congress.--Any reporting to or
appearances before Congress that may be requested or required
of the Council shall be made by a co-chair of the Council.
``(2) Terms of membership.--A member appointed under
paragraph (3), (6), (7), (8), or (9) of subsection (b) shall be
appointed for a term of 3 years, except that any individual
chosen to fill a vacancy under any of those paragraphs shall
be--
``(A) appointed for the unexpired term of the
member replaced; and
``(B) chosen subject to the same conditions as
applied with respect to the original appointment.
``(3) Service after expiration of term.--A member appointed
under paragraph (3), (6), (7), (8), or (9) of subsection (b)
may serve after the expiration of that member's term until a
successor has taken office, but for not more than 60 days after
the term expires.
``(4) Not special government employees.--A member who is
not otherwise an employee shall not be considered a special
Government employee for any purpose.
``(5) No termination.--Section 1013(a)(2) shall not apply
to the Council.
``Sec. 7108. Implementation of labor-management partnerships throughout
the executive branch
``The head of each agency that is subject to this chapter or any
other authority permitting employees of the agency to select an
exclusive representative shall take the following actions:
``(1) Create labor-management partnerships by establishing
labor-management committees or councils at appropriate levels
or, if applicable, adapting existing committees or councils.
``(2) Involve employees and employee representatives as
full partners with management representatives to improve the
civil service to better serve the public and carry out the
mission of the agency.
``(3) Provide systemic training of appropriate agency
employees (including line managers, first-line supervisors, and
labor organization representatives) in consensual methods of
dispute resolution, such as alternative dispute resolution
techniques and interest-based bargaining approaches.
``(4)(A) Allow employees and employee 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 section
7106.
``(B) Provide adequate information on the matters described
in subparagraph (A) expeditiously to employee representatives
where not prohibited by law.
``(C) Make a good-faith attempt to resolve issues
concerning proposed changes in conditions of employment,
including changes involving the subjects set forth in section
7106(b)(1), through discussions in the labor-management
committees or councils established or adapted by the agency
under paragraph (1) of this subsection.
``(5) Evaluate progress and improvements in organizational
performance resulting from the labor-management partnerships
described in paragraph (1).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 71 of title 5, United States Code, is amended by inserting
after the item relating to section 7106 the following:
``7107. Federal Labor-Management Partnership Council.
``7108. Implementation of labor-management partnerships throughout the
executive branch.''.
SEC. 3. IMPLEMENTATION OF LABOR-MANAGEMENT PARTNERSHIPS IN THE
LEGISLATIVE BRANCH.
(a) Definition.--In this section, the term ``covered legislative
branch agency'' means--
(1) the Office of the Architect of the Capitol;
(2) the Government Accountability Office; and
(3) the United States Capitol Police.
(b) Labor-Management Partnerships.--The head of each covered
legislative branch agency shall take the following actions:
(1) Create labor-management partnerships by establishing
labor-management committees or councils at appropriate levels
or, if applicable, adapting existing committees or councils.
(2) Involve employees and employee representatives as full
partners with management representatives to improve the civil
service to better serve the public and carry out the mission of
the covered legislative branch agency.
(3) Provide systemic training of appropriate employees of
the covered legislative branch agency (including line managers,
first-line supervisors, and labor organization representatives)
in consensual methods of dispute resolution, such as
alternative dispute resolution techniques and interest-based
bargaining approaches.
(4)(A) Allow employees and employee 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 with respect to
the covered legislative branch agency.
(B) Provide adequate information on the matters described
in subparagraph (A) expeditiously to employee representatives
where not prohibited by law.
(C) Make a good-faith attempt to resolve issues concerning
proposed changes in conditions of employment, including changes
involving the subjects described in section 7106(b)(1) of title
5, United States Code, through discussions in the labor-
management committees or councils established or adapted by the
covered legislative branch agency under paragraph (1) of this
subsection.
(5) Evaluate progress and improvements in organizational
performance resulting from the labor-management partnerships
described in paragraph (1).
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