Draft2:Headquarters Labor Management Council

Executive Order 13522 encourages agencies to form labor-management partnership relationships to improve the delivery of government services. Accordingly, DOE Headquarters (HQ) and NTEU-Chapters 213 and 228 jointly established ^Link the Headquarters Labor-Management Partnership Council (the Council) in January of 2012. The parties recognize that a strong collaborative relationship based on mutual trust and respect between labor and management as true partners is essential in order for DOE HQ to continue to work efficiently and effectively to better serve its stakeholders' needs. This partnership relationship is founded upon a commitment to the open sharing of information at the earliest pre-decisional stage creating an environment where knowledge is utilized to better meet the DOE's mission.

Charter

Main article: Headquarters_Labor-Management_Partnership_Council_Charter.pdf

In accordance with Executive Order 13522, the Council was chartered on January 26, 2012 ^Link by signature of the following officers:

Rita Clinton, Director, Office of Human Resources Services
Cheryl Keith, Director, Employee & Labor Relations Division
Carolyn M. Haylock, President, NTEU Chapter 213
Barry Clark, President, NTEO Chapter 228

The following sub-sections list the Council members, as well as a transcription of the charter's contents.

Members

Barry Clark
Rita Clinton
Jeff Eagan
Shannon Gipson
Mary Haughey
Carolyn Haylock
Cheryl Keith
Stephanie Martin

Purpose

The Council's goal is to further the DOE mission by establishing a non-adversarial environment in DOE Headquarters that maximizes the full development and utilization of employees' skills, knowledge, and capabilities.

Objectives

In pursuit of this goal, the Council will be actively engaged in achieving the following objectives:

to complement the existing collective bargaining process by allowing managers and employees to collaborate;
to provide a forum for management to discuss workplace challenges and problems with labor and endeavor to develop solutions jointly, rather than advise union representatives of predetermined solutions to problems and then engage in bargaining over the impact and implementation of the predetermined solutions;
to establish a cooperative and productive form of labor-management relations;
to enhance and/or establish recommendations, agreements, and program improvement initiatives through pre-decisional involvement;
to provide a forum from which to build mutual trust, respect and understanding between the parties;
to share and discuss matters of concern and interest to both parties;
to act as equal partners to address issues from an interest-based problem-solving perspective;
to promote cooperative labor-management working relationships across DOE Headquarters;
to establish programs and activities that enhance the quality of work life of DOE Headquarters employees;
to establish a collaborative relationship to build awareness and consensus;
to solve problems and develop solutions jointly;
to work together to identify and develop opportunities and methods that benefit both labor and management;
to use lessons learned to improve processes;
to establish a matrix for defining success;
to promote mutual dignity and respect between Management, NTEU and the workforce;
to identify and focus on common interest and shared problems rather than exclusive rights and conflicting positions;
to provide adequate information on matters expeditiously to union representatives where not prohibited by law recognizing that informed employees and management with union involvement adds value to the quality of a decision;
to strive to fully consider all points of view in the decision-making process;
to provide a line of communication and information between the Council and all DOE HQ employees;
to build a culture where all employees are empowered to ensure a safe working environment and to effectively and efficiently achieve the missions of DOE; and
to work and ensure respectful working relationships that focus efforts on productive approaches to resolve issues.

Scope

The Council will act as a collective body to develop acceptable resolutions to issues the Council decides to address, consistent with the preamble and objectives set forth in this charter. These meetings are not a substitute for ongoing contract negotiations. Working conditions that are the subject of Collective Bargaining Agreement (CBA) articles may be discussed but this Council will not make agreements to change language in those articles discussed, nor will it work to disrupt the intent of the CBA negotiations process. Nothing in this agreement shall be construed to limit, preclude, or prohibit any head of an executive department or agency from electing to negotiate over any or all of the subjects set forth in 5 U.S. 70106(b)(1) in any negotiation.

Structure

Composition: The Council will consist of (10) members, (5) NTEU representatives and (5) management representatives (excludes recorder). In addition, management and NTEU may assign alternate members. All NTEU representatives will be appointed by the NTEO Chapter Presdients and all management representatives will be appointed by the Director, Office of Human Resources Services. Both entities will make every effort when possible to appoint approrpiately diverse representatives (considering ethnicity, gender, major program, professional management components, grade, etc.). All NTEU stewards will be allocated official time to participate in Council activities. All bargaining unit employees who are not stewards will be allocated administrative time to participate in Council activities.
Chairs/Co-Chairs: Each NTEU Chapter and the Agency will each appoint a Council Chair for a term to bestablished individually by each entity. The Chairs will alternate in chairing meetings of the Council.
Outside Participants: Outside participants may only attend by the mutual agreement of the three Chairsr. Participation of invited subject matter participants will be limited to their area of expertise. Observers may only be invited to attend by consensus of the Council.
Decision Making: All Council members have equal status during Council deliberations. The Council has the authority to recommend action and to issue agreemetns. A quorum exists when at least three representatives from labor and three representatives from management are present. When there is no quorum, meetings may still be held to discuss issues, however no decisions may be made.

All decisions shall be made by agreement of the three chairs.

A fully developed item may be tabled for one additional meeting, unless the Council mutually agrees to extend the length of time.

Meeting Schedule and Logistics: The Council will initially meet bi-weekly for the first six (6) months and monthly thereafter (or more often if necessary and by mutual agreement). Meetings may be rescheduled by mutual agreement of the Chairs. The Council will alternate meeting locations between Washington, D.C., and Germantown, Maryland, but may also meet at another location, by mutual agreement. If a Council member is unable to physically atttend a meeting, he/she may participate by video conferencing or teleconferencing. Members participating by video conferencing or teleconferencing do count as part of the quorum. The date and time for any meetings will be established by mutual agreement. Council meetings may be held in conjunction with other meetings where it is deemed cost-effective and is mutually agreed.
Workgroups: The Council has the authority to form workgroups which may include individuals from outside of the Council. Council members will serve as liaisons to each workgroup. Any such workgroups will be given their charge and/or responsibilities from the Council. Bargaining unit participants of such groups who are not stewards will be allocated administrative time to participate in Council activities.
Support: The Council may utilize the services of a facilitator who is mutually agreed upon. The Council will alternate administrative support at meetings and between meetings with their staff and resources. Such support shall include creation and dissemination of meeting agendas and minutes, equipment requirements, announcements of meetings, and other matters as determined by the Co-Chairs.
Agenda Development and Dissemination: Council members and assigned participants of workgroups may propose agenda items by submitting the item() to the Chair of the next Council meeting. The formal agenda will be distributed to all Council members three (3) working days prior to the next Council meeting. For issues that will require an action decision by the Council, all proposals or other materials related to that issue will be distributed to Council members no later than three (3) calendar days prior to the meeting at which the decisions will need to be made.
Communication: The Council will communicate its meeting summaries and other partnership information to all DOE HQ employees. Detailed Council discussions shall not be disclosed outside the Council without mutual consent.
Equipment: Participants in upcoming meetings will alert the Chair of the need for a projector/laptop and/or a call-in number at least one week prior to the scheduled meeting.
Ground Rules: All Council members and Council guests shall abide by the attached ground rules during Council meetings and activities. Chairs shall be responsible for enforcing the ground rules.

Evaluation

The Council will prepare a quarterly report and an annual summary report following concurrence by the three Chairs. It will determine whether to renew its Charter and/or to make changes in any aspect of the partnership.

Preservation of Rights

Partnership is not intended to supplant the decision-making authority, or to usurp the responsibility, of management but to involve NTEU in developing decisions through the active and systemic participation of all of those performing the Agency's work. This partnership is based on the belief that NTEU participation in decision-making will promote decisions of such a nature that the need for formal bargaining may be reduced. Nothing in this charter is intended to supplant any of NTEU's rights or Management's rights per the Collective Bargaining Agreement, statute, regulation, law or other agreement.

Subject to statute and the collective bargaining agreement, DOE HQ and the NTEU reserve the right to determine whether to implement recommendations and decisions arising from the partnership endeavor.