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OCR Page 1 of 7207/23/99
12:44
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TREAS ASM
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B1
THE WHITE HOUSE
MEMORANDUM FOR HEADS OF DEPARTMENTS AND AGENCIES
SUBJECT: Application of Executive Order 12871
Executive Order 12871 challenged labor unions and federal agencies to reexamine their
traditional roles and work together to create a government that works better and costs less for the
American people. The Order recognized that labor-management cooperation is a crucial
component of efforts to reinvent government.
The Executive Order provided that federal agencies will create labor-management partnerships;
involve employees and union representatives as full partners in identifying and resolving
workplace issues; provide training in consensual methods of dispute resolution; negotiate with
unions over the subjects set forth in 5 U.S.C. 7106(b)(1); and evaluate bottom-line results
achieved through partnership. This Memorandum is designed to provide additional information
on how to best meet the intent of the Executive Order.
A number of agencies and unions have worked cooperatively to develop partnerships that meet
both the spirit and direction of the Executive Order. In these agencies, labor and management
have brought about bottom-line improvements in customer service and productivity. The
experience of these partnerships demonstrates that many of these successes have resulted from
union involvement in issues prior to management decisions.
Pre-decisional involvement of unions can provide agencies with a good opportunity to benefit
from the collective expertise of employees. The trust established by such involvement can not
only result in solutions that best meet the interests of both parties, but can establish a sound basis
for future cooperation. Because pre-decisional involvement can produce such positive outcomes,
many partnerships consider it an effective alternative to the negotiation process.
Agencies shall use pre-decesineal to implement the EO and
Therefore, agencies shall identify opportunities for using pre-decisional involvement to
implement the Executive Order, including the provision These which addresses 5 U.S.C. and 7106(b)(1).
nall
When agenciesimake a determination to engage inpre-decisional discussions, they shall seek to
use constructive processes, including interest-based approaches that rely on consensus decision
or arbitraticle
making, shared information, and third-party facilitation-and mediation when mutually agreed.
The legitimate interests of both parties should be taken into account and the goal should be to
produce solutions which increase quality and productivity, customer service, mission
accomplishment, efficiency, quality of work life, employee empowerment, and organizational
performance.
Engaging the union in pre-decisional discussions can help spread labor-management cooperative
efforts throughout the government and increase the opportunity to accomplish agency missions.
Since these discussions can offer agencies such a unique opportunity to achieve reinvention
goals, an agency that chooses to engage the union in pre-decisional discussions on 5 U.S.C.
7106(b)(1) issues, has fulfilled its responsibilities under the Executive Order to involve their
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