ExecutiveOrdersEO
EO 13522Executive OrderObama · D

Executive Order 13522

Creating Labor-Management Forums to Improve Delivery of Government Services

This executive order establishes the National Council on Federal Labor-Management Relations and requires federal agencies to create labor-management forums for collaborative problem-solving. It mandates pre-decisional union involvement in workplace matters, requires implementation plans within 90 days, and creates pilot programs for bargaining over permissive subjects under 5 U.S.C. 7106(b)(1).

Federal Register Open PDF 74 FR 66203

Impact dates

  1. Council evaluation report on pilot projects due (18 months after pilot implementation)

  2. Council terminates unless extended by President

  3. Certified implementation plans must be in place

  4. Council recommendations on pilot projects due to President

  5. Agency implementation plans due to Council

  6. Council review of implementation plans (within 30 days of receipt)

  7. Resubmission of insufficient plans (within 30 days of return)

Key directives

  • Establish National Council on Federal Labor-Management Relations with specified membership
  • Create department/agency-level labor-management forums throughout executive branch
  • Require pre-decisional union involvement in all workplace matters to fullest extent practicable
  • Agency heads submit implementation plans within 90 days
  • Council review implementation plans within 30 days of receipt
  • Certified implementation plans required by 150 days
  • Develop pilot projects for bargaining over 5 U.S.C. 7106(b)(1) subjects
  • Council present pilot recommendations to President within 150 days
  • Council submit pilot evaluation report 18 months after pilot implementation
  • Council terminates after 2 years unless extended

Who is ordered

Timeline

Immediate

  • Establishment of National Council on Federal Labor-Management Relations
  • Co-Chairs designated (OPM Director and OMB Deputy Director for Management)
  • Council membership appointments begin

Near term (90d)

  • Agency implementation plans due to Council (within 90 days of signing)
  • Council review of implementation plans within 30 days of receipt
  • Resubmission of insufficient plans within 30 days of return

Long term

  • Certified implementation plans required by 150 days (May 8, 2010)
  • Council recommendations on pilot projects due by 150 days (May 8, 2010)
  • Pilot projects to be implemented following Presidential approval
  • Council evaluation report on pilot projects due 18 months after pilot implementation
  • Council terminates December 9, 2011 unless extended by President

Risks & tensions

  • Pre-decisional involvement requirement may conflict with management prerogatives and existing collective bargaining frameworks
  • Vague 'to the fullest extent practicable' standard in Section 3(a)(ii) creates implementation uncertainty
  • Pilot project timeline dependent on Presidential approval, making 18-month evaluation deadline uncertain
  • Council termination after 2 years creates sustainability risk for institutionalized forums
  • Subject to availability of appropriations may limit actual implementation
  • Explicit disclaimer of enforceable rights (Section 5(e)) may reduce compliance incentives
Executive Order 13522: Creating Labor-Management Forums to Improve Delivery of Government Services · Executive Orders