FLRA Office of the General Counsel

1. FLRAOffice of the General Counsel Enhancing Effective and Cooperative Federal Sector Labor Management Relations

2. 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--

3. 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

4. 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.

5. FLRA OGC StatutoryMission • 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)

6. 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.

7. 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.

8. E.O. 13522Implementation 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.

9. E.O. 13522Implementation 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.

10. E.O. 13522Implementation 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.

11. E.O. 13522Expectations 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;

12. E.O. 13522Expectations 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.

13. 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).

14. 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

15. Training Courses • Basic and Advanced Statutory Training • Representation Case Training • FLRA OGC/FMCS E.O. 13522 Training • FLRA 7106(b)(1) Pilot Project Training

16. 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.

17. 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

18. 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.

19. 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.

20. FLRAOffice of the General Counsel