On April 21, 2010, the Department of Commerce Labor-Management Forum met with 13 labor and eight management members in attendance. The meeting started at 1:00 p.m. and concluded at 4:00 p.m. See attached for a list of attendees.

The efforts of the charter working group were recognized by both co-chairs of the Forum. 

The working group reported to the Forum on the status of their efforts. Labor proposed several modifications to the latest management draft charter. Labor was seeking an understanding (memorandum of understanding) that any agreements resulting from bargaining over B1 matters by the local parties would not be disapproved on agency head review simply because they were B1 issues. Management assured labor that any agreements by the local parties over B1 issues would only be disapproved on agency head review if the proposals were inconsistent with law, Governmentwide-wide rule or regulation. That is the only basis for disapproval under the Federal Labor-Management Relations Statue.

Labor indicated that it was agreeable to language in the charter acknowledging the applicability of the Federal Advisory Committee Act (FACA) to the Forum and that all members must be Federal employees unless the White House, Office of Management and Budget, Office of Personnel Management, or the General Services Administration issued a contrary opinion on the applicability of FACA.

The members of the Forum, by consensus, adopted the charter. Once all the signatures are obtained, electronic copies will be provided to labor and management and a copy will be posted on the Labor-Management Forum web page on the OHRM web site. 

The Metrics work group presented a report on their efforts to develop the metrics required by the Executive Order. The group is considering the use of the Department’s Balanced Score Card and the Federal Employee Viewpoint Survey as they will be capturing relevant data that could be used by the Forum. The work group is also considering the request of data from the bureaus on such matters as increased percent of alternative dispute resolution processes, increased union and employee engagement in pre-decisional matters, and increased use of labor-management councils as a venue to discuss and make a good faith attempt to solve proposed changes in conditions of employment.

The members discussed the possibility of union involvement in the development of the Department Balanced Score Card. Management indicated that device was a management tool of the Secretary’s to measure the effectiveness of the Department’s operations.

The Metrics working group clarified that it was simply informing the Forum of measures being considered. No recommendations have been finalized or approved, particularly with respect to the Balanced Score Card which will not be ready until early May.

The issue of what “consensus” means was discussed, and the members agreed that the language in the charter meant that the Forum members looked to each of the Co-Chairs for a representation that the respective side had arrived at a consensus on an issue.

Management wanted to be clear that the provision regarding use of official time for Forum matters was not intended to be a model for every committee and council. Procedures for the use of official time at the level of recognition are usually contained in the local collective bargaining agreement. Management indicated that, although it had concerns with the possibility that official time could be used too freely, it had trust and faith that labor members would not abuse this provision and labor representatives would police themselves. Monthly reports on the use of official time will be provided by the labor relations staffs of the bureaus.

The Forum discussed the possibility of establishing permanent working groups, such as one on communication. That issue was tabled until the May meeting.

Possible suggested topics for the May meeting include: permanent working groups; B1 projects; cyber security; communication and PII; and a presentation of the Washington State Performance Excellence program.

Attendees: