Transcript FLRA Office of the General Counsel

FLRA
Office of the General Counsel
Enhancing Effective and Cooperative
Federal Sector Labor Management Relations
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Federal Sector Collective Bargaining
5 U.S.C. 7101
Congress finds that:
(1) experience in both private and public
employment indicates that the statutory
protection of the right of employees to
organize, bargain collectively, and
participate through labor organizations of
their own choosing in decisions which affect
them--
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Federal Sector Collective Bargaining
5 U.S.C. 7101
(A) safeguards the public interest,
(B) contributes to the effective conduct of public
business, and
(C) facilitates and encourages the amicable
settlements of disputes between employees
and their employers involving conditions of
employment; and
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Federal Sector Collective Bargaining
5 U.S.C. 7101
(2) the public interest demands the highest
standards of employee performance and the continued
development and implementation of modern and
progressive work practices to facilitate and improve
employee performance and the efficient
accomplishment of the operations of the Government.
Therefore, labor organizations and collective
bargaining in the civil service are in the public
interest.
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FLRA OGC
Statutory Mission
 FLRA established in 1979 by the Federal Service Labor
and Management Relations Statute 5 U.S.C. 7101 et seq
 Resolve Collective Bargaining and Representation
Disputes: Office of General Counsel (OGC) is an independent
component of the FLRA charged with investigating and
prosecuting unfair labor practice cases and deciding representation
cases. 5 U.S.C. 7104 (f)(1)
 Provide labor relations “leadership”: to the parties
(agencies, unions and employees). 5 U.S.C. 7105 (a) (1)
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FLRA OGC
Structure
 OGC is composed of a headquarters office in
Washington, D.C. and 7 regional offices (Atlanta,
Boston, Chicago, Dallas, Denver, San Francisco and
Washington, D.C.).
 OGC employees interface with federal management and
union representatives, employees, supervisors and
managers on a daily basis.
 4,500 ULP cases and 300 Representation cases annually.
 Train and provide information and filing assistance to tens
of thousands of individuals annually.
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E.O. 13522 Purpose
 To establish a cooperative and productive form
of labor-management relations throughout the
executive branch.
 To improve the delivery of government services
to the American people.
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E.O. 13522
Implementation of LM Forums
 Agencies directed to work with Unions to
establish, or adapt existing LM forums at the level
of recognition and other appropriate levels as
agreed to by the parties, to help identify
problems and propose solutions to better
serve the public and agency missions.
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E.O. 13522
Implementation of LM Forums
 LM forums intended to complement the
existing collective bargaining process.
 Management directed to discuss workplace
challenges and problems with labor and jointly
devise solutions rather than adhering to
traditional bargaining procedures.
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E.O. 13522
Implementation of LM Forums
 LM forums complement the existing collective
bargaining process.
 Management should discuss workplace challenges
and problems with labor and jointly devise
solutions rather than adhering to the
traditional bargaining procedures.
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E.O. 13522
Expectations for LM Forums
 Allow employees and unions to have pre-
decisional involvement in all workplace
matters, without regard to whether subjects
are negotiable under the Statute, to the extent
practicable;
 Expeditiously provide union with adequate
information on such matters where not
prohibited by law;
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E.O. 13522
Expectations for LM Forums
 Make good-faith attempt to resolve issues
concerning proposed changes to conditions of
employment, including 7106(b)(1) subjects,
in LM forums;
 Evaluate and document in consultation with
union changes in employee satisfaction,
manager satisfaction, and organizational
performance.
What gets measured gets done.
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FLRA OGC
Labor Relations Leadership
 Provide practical, accessible web-based labor
relations EDUCATION RESOURCES to all federal
managers, supervisors, union representatives and
employees.
 Fully utilize and model interest-based and
alternative dispute resolution practices in the
conduct of core mission activities (i.e. ULP and
REP case processing).
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Leadership Through Education
 Updated web-based ULP manual and case law
summary.
 Quarterly statutory training offered in Regional
Office cities/training materials posted.
 Joint OGC/FMCS E.O. 13522 training (quarterly public
sessions in Regional Office cities, and agency-specific
sessions as requested).
 OGC trained over 5,600 individuals in FY 2010
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Training Courses
 Basic and Advanced Statutory Training
 Representation Case Training
 FLRA OGC/FMCS E.O. 13522 Training
 FLRA 7106(b)(1) Pilot Project Training
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FLRA OGC/FMCS Course Overview
FLRA: Overview of Executive Order 13522,
Collective Bargaining under the Statute, including
section 7106(b)(1) , Pre-Decisional Involvement,
Metrics.
FMCS: Introduction to Labor-Management
Forums, skill building and next steps for starting a
Labor-Management Forum.
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FLRA 7106(b)(1) Pilot Project Training
 Provided to bargaining committee participating in
E. O. 13522 pilot projects.
 Presented by senior FLRA Authority and OGC
attorneys.
 Available, resources permitting, to other labor
management groups.
 Urge Early Involvement of FMCS
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Leadership Through Case Process
Improvement
 Incorporated pre-complaint ADR authority into ULP
Regulations.
 All OGC Agents trained in the effective use of ADR
techniques.
 OGC Agents now integrate voluntary ADR opportunities
in all aspects of ULP and REP case processing.
 IMPROVE CASE PROCESS TIMELINESS --Goal, once
optimal staffing level is reached, restore 90 day time target
for ULP and REP case processing and meet that target at
least 85% of the time.
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FLRA OGC Role?
 Insure that every employee, supervisor, management
and union representative have access to clear, plain
language information resources regarding their rights
and responsibilities under the federal sector collective
bargaining Statute.
 In the performance of our mission model and promote
interest-based, voluntary settlement of disputes that
come before the OGC.
 Resolve disputes that cannot be settled -- fairly,
consistently and quickly.
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FLRA
Office of the General Counsel
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