Sec. 404. Interagency Labor Relations Working Group
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There is hereby established an Interagency Labor Relations Working Group (referred to in this title as the Labor Relations Group ). The Labor Relations Group shall consist of— the Director of the Office of Personnel Management; a representative who is a supervisor or a management official described under section 7103(a)(2)(B)(iii) of title 5, United States Code, from each agency participating in the Labor Relations Group under subsection (d), as determined by the head of such agency in consultation with the Director; and any employee who is such a supervisor or a management official within the Office of Personnel Management, as assigned by the Director.
The Director shall chair the Labor Relations Group and, subject to the availability of appropriations, provide administrative support for the Labor Relations Group. Agencies with at least 1,000 employees represented by a collective bargaining representative pursuant to chapter 71 of title 5, United States Code, shall participate in the Labor Relations Group. Agencies with a smaller number of employees represented by a collective bargaining representative may, at the election of their agency head and with the concurrence of the Director, participate in the Labor Relations Group.
Agencies participating in the Labor Relations Group shall provide assistance helpful in carrying out the responsibilities outlined in subsection
(e)of this section. Such assistance shall include designating an agency employee to serve as a point of contact with the Office of Personnel Management responsible for providing the Labor Relations Group with sample language for proposals and counterproposals on significant matters proposed for inclusion in CBAs, as well as for analyzing and discussing with the Office of Personnel Management and the Labor Relations Group the effects of significant CBA provisions on agency effectiveness and efficiency. Participating agencies shall provide other assistance as necessary to support the Labor Relations Group in its mission. The Labor Relations Group shall assist the Director on matters involving labor-management relations in the executive branch. Its responsibilities shall include the following: Gathering information to support agency negotiating efforts, including the submissions required under section 409 of this title, and creating an inventory of language on significant subjects of bargaining that have relevance to more than one agency and that have been proposed for inclusion in at least one CBA. Developing model ground rules for negotiations that, if implemented, would minimize delay, set reasonable limits for good-faith negotiations, call for the Federal Mediation and Conciliation Service to mediate disputed issues not resolved within a reasonable time, and, as appropriate, promptly bring remaining unresolved issues to the Federal Service Impasses Panel (in this title referred to as the Panel ) for resolution. Analyzing provisions of CBAs on subjects of bargaining that have relevance to more than one agency, particularly those that may infringe on, or otherwise affect, reserved management rights. Such analysis shall include an assessment of CBA provisions that cover comparable subjects, without infringing, or otherwise affecting, reserved management rights. The analysis shall also assess the consequences of such CBA provisions on Federal effectiveness, efficiency, cost of operations, and employee accountability and performance. The analysis shall take particular note of how certain provisions may impede the policies set forth in section 402 of this title or the orderly implementation of laws, rules, or regulations. The Labor Relations Group may examine general trends and commonalities across CBAs, and their effects on bargaining-unit operations, but need not separately analyze every provision of each CBA in every Federal bargaining unit. Sharing information and analysis, including significant proposals and counterproposals offered in bargaining, in order to reduce duplication of efforts and encourage common approaches across agencies, as appropriate. Establishing ongoing communications among agencies engaging with the same labor organizations in order to facilitate common solutions to common bargaining initiatives. Assisting the Director in developing, where appropriate, Government-wide approaches to bargaining issues that advance the policies set forth in section 402 of this title. Not later than 18 months after the first meeting of the Labor Relations Group, the Director, as the Chair of the group, shall submit, to the President (through the Office of Management and Budget), the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate, a report proposing recommendations for meeting the goals set forth in section 402 of this title and for improving the organization, structure, and functioning of labor relations programs across agencies.