RECORD TYPE: PRESIDENTIAL (NOTES MAIL) CREATOR: Morley A. Winograd ( CN=Morley A. Winograd/O=OVP [ UNKNOWN ] ) CREATION DATE/TIME:29-APR-1998 18:55:01.00 SUBJECT: Re: New Guidance on Labor Managment Partnership Executive Order TO: Janice Lachance <JRLACHAN ( Janice Lachance <JRLACHAN @ OPM.GOV> @ inet [ UNKNOWN ] ) READ:UNKNOWN CC: G. E. DeSeve ( CN=G. E. DeSeve/OU=OMB/O=EOP @ EOP [ OMB ] ) READ:UNKNOWN TEXT: Janice: As you know we have agreed to "brainstorm" with Harnage et al. on partnerships. I want Tobias in that same session, per Ed's memo attached. I am having lunch with Bobby Harnage on May 11. After that I want to calendar our session over at NPR's brainstorming offices. Ed, you can come or send somebody or whatever you would like to do. Meanwhile, Janice, I can't call Bob Tobias about anything until the VP answers his letter of MARCH 23rd. Are you sending me a draft response or not? Morley ---------------------- Forwarded by Morley A. Winograd/OVP on 04/29/98 07:09 PM --------------------------- G. E. DeSeve @ EOP 04/29/98 04:34:04 PM Record Type: Record To: Morley A. Winograd/OVP @ OVP cc: Subject: Re: New Guidance on Labor Managment Partnership Executive Order As I mentioned to you today, Bob Tobias has added his voice to the OPM guidance issue. Ray is very pessimistic that there is a way to solve this through dialogue. I agree that our position on B1 bargaining is immutable. If punishment is the issue, we aren't in that business. However, we are fore square behind expanding and enriching partnerships. I am sure that a skilled facilitator such as yourself could take on the challange of getting to yes on guidance in a consultative process. Janice may need the assistance given the history of the issue. I would be delighted to support you in any way I can. ---------------------- Forwarded by G. E. DeSeve/OMB/EOP on 04/29/98 04:28 PM --------------------------- From: Raymond P. Kogut on 04/28/98 03:34:48 PM Record Type: Record To: G. E. DeSeve/OMB/EOP@EOP cc: See the distribution list at the bottom of this message Subject: Re: New Guidance on Labor Managment Partnership Executive Order This is not a matter of "getting to yes." An interest-based approach to developing new guidance would involve first agreeing that there is a common interest in expanding the scope of bargaining. I think that we all agree that this can be done by statute or where there is a partnership in place resolved to open discussion and joint resolution of workplace issues. Bob Tobias' interest includes punishment for those who do not follow the President's mandate to negotiate on (b)(1) issues. Can the NPC reach consensus on that? The 1993 guidance was issued by Jim King as Director of OPM because he could achieve no consensus within the NPC at that time. And, that was before SEA and FMA joined the group. The 1993 guidance says that (b)(1) bargaining should "be undertaken in a constructive and well-planned manner and that it take place less in an adversarial setting with parties bringing their positions to the table, but increasingly through interest-based bargaining that insists upon consensus decision-making and trust within the partnership." It goes on to say that "agency and union representatives should identify issues and opportunities for such bargaining and agree in preparations and procedures for conducting it." Sounds pretty good to me, as is. You are right that we should be able to resolve this. FLRA will shortly make its call giving their views on any interrelationship of the law and EO. The Courts may do that too if NTEU appeals a FLRA decision. My view is that these upcoming decisions will bring the issue to closure, not any action by the Administration, OPM, or NPC. Closure will come if the law is amended or on the shop floor where reasonable people practice partnership. Message Copied To:_____________________________________________________________ daniel n. mendelson/omb/eop@eop william a. halter/omb/eop@eop lisa b. fairhall/omb/eop@eop bruce d. long/omb/eop@eop jonathan d. breul/omb/eop@eop