82 FR 4341 - Statement of Organization, Functions, and Delegations of Authority

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families

Federal Register Volume 82, Issue 9 (January 13, 2017)

Statement of Organizations, Functions, and Delegations of Authority. The Administration for Children and Families (ACF) and the National Treasury Employees Union (NTEU) have renewed the ACF Labor Management Committee Charter.

[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)]
[Notices]
[Pages 4341-4343]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00655]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Statement of Organization, Functions, and Delegations of 
Authority

AGENCY: Administration for Children and Families, HHS.

ACTION: Notice.

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SUMMARY: Statement of Organizations, Functions, and Delegations of 
Authority. The Administration for Children and Families (ACF) and the 
National Treasury Employees Union (NTEU) have renewed the ACF Labor 
Management Committee Charter.

FOR FURTHER INFORMATION CONTACT: Benjamin Goldhaber, Deputy Assistant 
Secretary for Administration, 330 C Street SW., Washington, DC 20201, 
(202) 795-7790.

[[Page 4342]]

    The ACF Labor Management Committee Charter is being published as 
follows:

Cooperation Agreement and Charter for the Labor Management Committee 
(LMC) the Administration for Children and Families (ACF) and National 
Treasury Employees Union (NTEU)

    The Administration for Children and Families (ACF) and the 
National Treasury Employees Union (NTEU) jointly establish the ACF/
NTEU Labor Management Committee (Committee or LMC). The parties 
recognize that a strong relationship between labor and management as 
true and equal partners is essential in order for ACF to continue to 
deliver high quality human services to the American people as well 
as continue to recognize and value its employees and their union 
representation. This cooperative relationship envisions the open 
sharing of information at the earliest pre-decisional stage thereby 
engendering mutual trust and respect.

Purpose and Objectives

    The Committee's goal is to establish an ACF/NTEU labor-
management culture that fosters the full development and utilization 
of employees' skills, knowledge, expertise and capabilities through 
cooperative dialogue and endeavors with ACF employees and their 
union representative.
    In pursuit of this goal, the Committee sets forth the following 
objectives:
     Focus on ACF mission achievement by serving the public 
interest first;
     Promote a quality workplace through improved working 
conditions and enhanced working relationships;
     Provide a communication and information sharing channel 
for all bargaining-unit employees through their union 
representatives;
     Enhance and establish policy and program improvement 
initiatives through pre-decisional involvement of NTEU without 
regard to whether those matters are negotiable subjects of 
bargaining under 5 U.S.C. Sec.  7106;
     Make a good-faith effort to resolve issues concerning 
proposed changes in conditions of employment as it relates to 
numbers, types, and grades of employees and positions assigned to 
any organizational subdivision, work product, or tour of duty; and 
the technology, methods, and means of performing work;
     Identify and target mutual interests and shared 
problems and craft solutions;
     Respect each other as equal partners in order to 
address issues from a problem-solving, interest based, and 
cooperative perspective;
     Promote cooperative labor-management working 
relationships across the Agency; and
     Provide a forum from which to build mutual trust, 
respect, and understanding between the partners.

Scope

    The ACF LMC will implement the purposes and objectives on which 
it is founded by:
     Identifying issues impacting ACF's mission, labor-
management relations, and others of mutual interest to committee 
members and providing proposed recommendations to ACF and NTEU 
leadership;
     Discussing issues and developing proposed 
recommendations on items referred to the Committee by ACF or NTEU 
leadership;
     Exchanging facts and information about agency-wide 
issues affecting management, labor and mission achievement, and 
serving as a forum for discussion of such issues; and
     Promoting and facilitating labor-management cooperation 
throughout ACF, including cooperative relationships at all 
appropriate levels.
    The Parties recognize that although the work of the Committee 
may reduce the need for formal bargaining, the discussion of issues 
by the Committee does not relieve the Agency of its bargaining 
obligations under the Federal Labor-Management Relations Statute 
(the Statute), absent explicit agreement by the Union.

Principles

    1. ACF allows employees through their union representatives to 
have pre-decisional involvement in workplace matters to the fullest 
extent practicable without regard to whether those matters are 
negotiable subjects of bargaining pursuant to 5 U.S.C. Sec.  7106. 
Pre-decisional involvement takes place before the bargaining 
process.
    2. The basic principles that underlie pre-decisional involvement 
are as follows:
    a. The pre-decisional process begins early: as soon as 
management identifies an issue or problem that it intends to address 
but before the scope of the problem has been defined or potential 
solutions are evaluated.
    b. Information is shared freely during the entire process.
    c. There is an understanding of confidentiality.
    d. The parties use interest-based problem solving.
    e. The parties must have a high degree of commitment to the 
process and to achieving their shared goals.
    3. The Committee is responsible for reaching a common 
understanding on the structure of their pre-decisional involvement 
process.
    4. Pre-decisional involvement does not waive management's 
statutory right to make decisions under 5 U.S.C. Sec.  7106, nor 
does it waive the NTEU's right to engage in bargaining prior to 
implementation consistent with 5 U.S.C. Sec.  7106. Either party 
retains the right to reject any recommendations and/or proposed 
agreements arrived at during discussions. It is understood that no 
agreement will become final and binding until the parties have 
signed a written agreement to memorialize the terms. Pre-decisional 
involvement may result in an agreement on an issue, which should be 
memorialized in a Memorandum of Understanding (MOU) that eliminates 
the need for further bargaining on the matter. Agency head review is 
required for any MOU that the parties propose.
    5. ACF recognizes that bargaining unit employees represented by 
NTEU are an essential source of ideas and information about the 
realities of achieving the ACF's mission. Their input generated 
through the Committee will assist management in making better 
informed decisions before making changes in working conditions that 
affect them. It is the intent of the parties that collaboration will 
result in less formal bargaining and/or fewer issues that must be 
referred to the collective bargaining process.

Structure

Composition

    1. Membership: The Committee will consist of eight members, four 
NTEU representatives and four management representatives. All 
members of the Committee must be current and active employees of 
ACF. In addition, an Executive Secretary will be appointed by the 
Co-Chairs to perform administrative duties as directed by the 
Committee. The ACF Deputy Assistant Secretary for Administration and 
the NTEU National President, or their designees, will be considered 
ex officio members of the Committee. NTEU representatives will be 
appointed by the NTEU National President and management 
representatives will be appointed by the ACF Deputy Assistant 
Secretary for Administration or his/her designee. The parties will 
provide the names of appointed committee members and alternates as 
soon as possible, but no later than 30 days from the date of 
execution of this Charter. In the event that a committee member is 
no longer able to serve, a replacement member will be appointed as 
soon as possible, but no later than 30 days after the original 
committee member resigns. NTEU and ACF may each appoint one 
alternate. Alternates can participate fully in discussions but not 
in decisions. NTEU's representatives will be allocated appropriate 
official time to prepare for and participate in in the Committee, to 
include travel time to and from each meeting.
    2. Co-Chairs: NTEU and ACF will each appoint a Committee Co-
Chair for a term to be established individually by each entity.
    3. Guests: NTEU and ACF may each invite two non-member guests 
per committee meeting. Guests may provide information and their 
individual views to the Committee and may fully participate in 
committee discussions, but will not be involved in the decision 
making process of the Committee and shall not be involved in making 
final recommendations to ACF management. Guests may vary per 
meeting, and may include, but are not limited to, individuals from 
NTEU's national office, retired/former federal government employees, 
and the Department's National Labor Relations Office.
    Decision Making: All Committee members have equal status during 
Committee deliberations. The Committee has authority to recommend 
action to ACF management and NTEU. However, the Committee can only 
make decisions regarding recommendations when a quorum is present. A 
quorum exists when at least three representatives from labor and 
three representatives from ACF are present. When there is no quorum, 
meetings may still be held to discuss issues, however no decisions 
may be made. All decisions must be made by consensus. If consensus 
is

[[Page 4343]]

not reached, each party may use its statutory and other rights as 
specified in the ``Preservation of Rights'' section below. This 
decision making process will be evaluated by the Committee after one 
full year of its operation.
    Meeting Schedule and Logistics: The Committee will meet on a 
quarterly basis or more frequently by consensus of its members. The 
Committee will normally meet at ACF Central Office in Washington, 
DC, but may also meet at another location by consensus. If a 
Committee member is unable to physically attend a meeting, he/she 
may participate by phone or video teleconferencing. The date and 
time for any meetings will be established by mutual agreement. 
Committee meetings may be held in conjunction with other meetings 
where it is deemed cost effective and there is consensus.
    Working Groups: The Committee has the authority to form 
workgroups that may include individuals who are not members of the 
Committee. Any such workgroups will be given their charge and/or 
responsibilities from the LMC in writing. Non-Committee member 
bargaining unit participants on such groups will be appointed by 
NTEU and will be provided appropriate official time to participate 
in workgroup activities.
    Support: The Committee will use the services of a facilitator 
trained in interest-based bargaining techniques as needed. The 
appointed Executive Secretary will provide administrative support to 
the Committee. Such support shall include creation and dissemination 
of meeting agenda and minutes, announcements of meetings, and other 
matters as determined by the Committee. The Agency will make 
available the use of video and telephone conferencing for the 
participation of all committee members at meetings. The Agency will 
provide meeting rooms for LMC meetings.
    Participation: The Agency encourages the use of video and 
telephone conferencing for the participation of those members who 
are domiciled outside the 50 mile radius of Washington, DC, and will 
provide the necessary equipment to facilitate the process. Union 
representatives will be granted official time for preparation and 
participation in the meetings, pursuant to Article 10 of the 
Collective Bargaining Agreement. The Agency will pay for all 
reasonable local travel expenses, namely transportation and parking. 
For those participants domiciled outside the 50 mile radius, the 
Agency agrees to reimburse the Union representatives 50 percent of 
reasonable travel expenses, including transportation, lodging, and 
per diem.
    In the interest of facilitating the working relations among the 
members, the Agency agrees to assume the full costs associated with 
travel, including transportation, lodging and per diem for 
participants for the first scheduled meeting of the Committee. For 
all subsequent meetings, the Agency will reimburse the Union 
representatives for 50 percent as stated above.
    Agenda Development and Dissemination: The LMC's potential agenda 
items will be submitted to the Co-Chairs who will mutually establish 
a formal agenda for the next LMC meeting. The formal agenda will be 
distributed to all LMC members at least three work days prior to the 
next LMC meeting. For issues requiring a decision by the LMC, all 
proposals or related materials will be distributed to the LMC 
members as soon as possible but no later than seven work days prior 
to the meeting at which the decision will need to be made.
    Communication: Final, approved minutes of the Committee will be 
disseminated and made available to all ACF employees via methods 
determined by the Committee.

Evaluation

    The Committee will evaluate its progress on an annual basis. It 
will determine whether to renew its procedures and/or to make 
changes in any aspect of the LMC.

Preservation of Rights

    Cooperation is not intended to supplant the decision-making 
authority, or to usurp the responsibility of agency management, but 
to further involve ACF employees in developing ACF decisions through 
the active and systematic participation of NTEU and those it 
represents who perform ACF's work. This LMC is based on the belief 
that NTEU participation in ACF decision-making will promote 
decisions of such a nature that the need for formal bargaining will 
be reduced and, where bargaining becomes necessary, will inform and 
facilitate the negotiations.
    Accordingly, subject to statute, executive orders, and the 
collective bargaining agreement, ACF reserves the right to determine 
whether to implement recommendations arising from the cooperation 
endeavor, and NTEU reserves the right to bargain concerning the 
substance, impact and implementation of final ACF decisions prior to 
implementation. The ACF recognizes its statutory, regulatory, and/or 
contractual obligations to provide notification to NTEU and to 
bargain.

Effective Date, Duration, and Modifications

    This LMC shall be instituted upon the date the parties have 
signed the Charter. The partners may amend or supplement this 
Agreement at any time upon consensus. This Agreement may be 
terminated by either of the parties to this Agreement. Termination 
by either party shall be provided in writing and shall be considered 
effective exactly 30 calendar days after receipt by the recipient 
party. Notification of termination shall be sent out in a written 
notice to all ACF staff within 10 days of the termination and shall 
be published in the Federal Register within 30 days of the 
termination.
    On behalf of NTEU and ACF, the undersigned execute this 
Agreement on this 30th day of December, 2016, by Anthony Reardon, 
NTEU National President; Mark H. Greenberg, Acting Assistant 
Secretary for Children and Families; and Benjamin Goldhaber, Deputy 
Assistant Secretary for Administration, Administration for Children 
and Families.

    Dated: January 6, 2017.
Mark H. Greenberg,
Assistant Secretary for Children and Families.
[FR Doc. 2017-00655 Filed 1-12-17; 8:45 am]
 BILLING CODE 4184-01-P