Title: Executive Order 12871: Labor-Management Partnerships
Author: The White House
Date: 1 Oct 1993
Subject: Executive Order #12871 of Oct 1,1991 Labor-Management Partnerships
Copy provided as a service of NETRESULTS
PRESIDENTIAL EXECUTIVE ORDER No 12871
The involvement of federal Government employees and their union
representatives is essential to achieving the National Performance review's
Government reform objectives. Only by changing the nature of Federal
labor-management relations so that managers, employees, and employees'
elected union representatives serve as partners will it be possible to
design and implement comprehensive changes necessary to reform
Government. Labor-management partnerships will champion change in
Federal Government agencies to transform them into organizations capable
of delivering the highest quality services to the American people.
By the authority vested in me as President by the Constitution and
the laws of the United States, including section 301 of title 3, United States
Code, and in order to establish a new form of labor-management relations
throughout the Executive Branch to promote the principles and
recommendations adopted as a result of the National Performance Review,
it is hereby ordered:
Section 1: The National Partnership Council
- Establishment and Membership
There is established the National Partnership Council ("Council"). The
Council shall comprise the following members appointed by the President:
Members shall have 2-year terms on the Council, which may be
extended by the President.
- Director of the Office of Personnel Management ("OPM");
- Deputy Secretary of Labor;
- Deputy Director for Management, Office of Management and
- Chair, Federal Labor relations Authority;
- Federal Mediation and Conciliation Director;
- President, American Federation of Government Employees, AFL-
- President, National Federation of federal Employees;
- President, National Treasury Employees Union;
- Secretary-Treasurer of the Public Employees Department, AFL-
- A deputy Secretary or other officer with department- or
agency-wide authority from two executive departments or agencies
(hereafter collectively "agency"), not otherwise represented on the Council.
- Responsibilities and Functions:
The Council shall advise the President
on matters involving labor-management relations in the executive branch.
Its activities shall include:
- supporting the creation of labor-management partnerships and
promoting partnership efforts in the executive branch, to the extent
permitted by law;
- proposing to the President by January 1994 statutory changes
necessary to achieve the objectives of this order, including legislation
consistent with the National Performance Review's recommendations for
the creation of a flexible and responsive hiring system and the reform of
the General Schedule classification system;
- collecting and disseminating information about, and providing
guidance on, partnership efforts in the executive branch, including results
achieved, to the extent permitted by law;
- utilizing the expertise of individuals both within and outside the
Federal Government to foster partnership arrangements; and
- working with the President's Management Council toward reform
consistent with the National Performance Review's recommendations
throughout the executive branch.
- The President shall designate a member of the Council who is a
full-time Federal employee to serve as the Chairperson. The
responsibilities of the Chairperson shall include scheduling meetings of the
- The Council shall seek input from nonmember Federal agencies,
particularly smaller agencies. It also may, from time to time, invite
experts from the private and public sectors to submit information. The
Council shall also seek input from companies, nonprofit organizations, State
and local governments, Federal Government employees, and customers of
Federal Government services, as needed.
- To the extent permitted by law and subject to the availability of
appropriations, OPM shall provide such facilities, support, and
administrative services to the Council as the Director of OPM deems
- Members of the Council shall serve without compensation for
their work on the Council, but shall be allowed travel expenses, including
per diem in lieu of subsistence, as authorized by law, for persons serving
intermittently in Government service.
- All agencies shall, to the extent permitted by law, provide to the
Council such assistance, information, and advice as the Council may
- I have determined that the Council shall be established in
compliance with the Federal advisory Committee Act, as amended (5 U.S.C.
- Notwithstanding any other executive order, the functions of the
President under the Federal Advisory Committee Act, as amended, except
that of reporting to the Congress, that are applicable to the Council, shall be
performed by the Director of OPM, in accordance with guidelines and
procedures issued by the Administrator of General Services.
- The Council shall exist for a period of 2 years from the date of
this order, unless extended.
- Members of the Council who are not otherwise officers or
employees of the Federal Government shall serve in a representative
capacity and shall not be considered special Government employees for
Sec. 2. Implementation of Labor-Management Partnerships Throughout
the Executive Branch.
The head of each agency subject to the provisions of chapter 71 of
title 5, United States Code shall:
- create labor-management partnerships by forming labor-
management committees or councils at appropriate levels, or adapting
existing councils or committees if such groups exist, to help reform
- involve employees and their union representatives as full
partners with management representatives to identify problems and craft
solutions to better serve the agency's customers and mission;
- provide systemic training of appropriate agency employees
(including line managers, first line supervisors, and union representatives
who are Federal employees) in consensual methods of dispute resolution,
such as alternative dispute resolution techniques and interest-based
- negotiate over the subjects set forth in 5 U.S.C. 7106(b) (1), and
instruct subordinate officials to do the same; and
- evaluate progress and improvements in organizational
performance resulting from the labor-management partnerships.
Section 3: No Administrative or Judicial Review
This order is intended only to improve the internal management of
the executive branch and is not intended to, and does not, create any right
to administrative or judicial review, or any other right, substantive or
procedural, enforceable by a party against the United States, its agencies or
instrumentalities, its officers or employees, or any other person.
William J. Clinton
THE WHITE HOUSE