OPM: In creating LMFs, department and agencies must recognize that some managers, union leadership, and employees may disapprove of and resist this effort. Image: Mark Van Scyoc/Shutterstock.com
By: FEDweek StaffOPM has issued guidance to agencies and unions on establishing cooperative forums as required under a recent executive order reviving such arrangements, saying they “can promote satisfactory labor relations and improve the productivity and effectiveness of the federal government”—but also anticipating possible resistance from both sides.
Like their previous two iterations under the Clinton and Obama administrations, the forums are to be formed as joint labor-management committees or councils at the level of recognition and are to include giving unions “pre-decisional involvement” in certain agency policies and practices “including discussions with management for the development of joint solutions to workplace challenges,” says a memo on chcoc.gov.
The immediate step ahead, it said, is for agencies to submit plans within six months to OPM, whose purpose is to “affirm the creation” of those forums and to “create a guide for the evolving relationship. The implementation plan serves as a roadmap for the parties as the relationship moves forward. It is not a contractual document between the participants, and it is not intended to modify any of the existing collective bargaining agreements between the parties or for either party to waive their rights under the law,” the guidance says.
While no specific format is required, it adds, such plans should address issues such as how agencies and unions will conduct a baseline assessment of the current state of their relations; any bargaining-related issues arising under the order; other issues related to carrying it out; how impacts such as changes in employee satisfaction will be measured; and how the agency will “devote sufficient resources” to carrying out the plan.
It adds: “In creating LMFs, department and agencies must recognize that some managers, union leadership, and employees may disapprove of and resist this effort. Previous attempts at Labor-Management partnerships sometimes have been criticized as “co-management arrangements,” typically by individuals who firmly believe that management and unions are adversaries.”
“It is critical for the LMF to address these concerns early, with firm resolve and with a clearly articulated value proposition that answers the question, “What’s in it for me?,” for all stakeholders. In this process, management still manages, and unions still represent the interests of bargaining unit employees; however, both parties make a cooperative effort to address mutual interests in solving workplace problems and improving the organization,” it says.
The two prior programs—which were downplayed, and then canceled, respectively by succeeding Republican administrations—had a mixed records of acceptance, particularly on the agency side, and producing measurable results proved to be a challenge.
The Biden administration earlier had encouraged the return of the forums—some of which have remained in place—but had not required it until issuing the recent order.
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