The Union/Management Council - Chapter 12 

 

Union/Management Councils (UMC's) in many of the Passport Agencies have proven to be an effective and amicable forum for resolving labor-management disputes, addressing employees' concerns and needs, and helping to achieve the mission of the Agency.  Issues such as dress code, work schedules, desk moves and desk sharing, ergonomic enhancements and training, and safety and health concerns have been addressed in many UMC's.  

Contents
Union/Management Cooperation Agreement 
(quoted from Article 4, Agreement Between Passport Services and NFFE Local 1998, effective July 3, 2001)
  1. The goals of the Union/Management Cooperation Agreement are to further the agency mission, foster more productive and cost effective service to the agency's customers, and enhance the working conditions and morale of the employees.
     
  2. The parties will select their own representatives and will actively cooperate in developing positive accomplishments in their interaction. Management shall select all managerial/supervisory representatives and the Local shall select all bargaining unit representatives. Either party may suggest representatives to the other, and all suggestions shall be given fair and honest consideration. The Union has the right and responsibility to develop and communicate suggestions and positions of the bargaining unit.
     
  3. Union/Management Councils shall be formed at two organizational levels. The parties shall form one council on a national basis between Passport Services upper management and the Local. This shall be called the National Union/Management Council. The parties shall also form union/management councils at each of the Passport Field Agencies. These shall be called (name of city) Regional Union/Management Council (e.g., New Orleans Regional Union/Management Council, Los Angeles Regional Union/Management Council, etc.) Except as where agreed to by the parties, the Regional Councils shall be represented by an equal number of management and Local 1998 representatives.
     
  4. Except as where otherwise agreed to by the parties, the National Union/Management Council will meet once a year under the provisions of Article 7, Section 2 of the negotiated agreement between Passport Services and NFFE Local 1998. The length of the meeting may extend up to two days as necessary due to the number of agenda items. The National Council shall also conduct three conference calls between the representatives, scheduled for the quarters when the annual meeting is not held.
     
  5. Local representatives shall advise their supervisor of the scheduling of the meeting and the conference calls on the same day they are advised of the information. Official time shall be allotted as needed for the meeting and the conference calls.
     
  6. It is the purpose of this Agreement to involve employees and union representatives as full partners with management representatives. To this end, the Union/Management Council shall consider problems at the predecisional stages, crafting solutions to promote the Department's objectives, serve the customers, and meet employee needs; and design and create procedures and practices to achieve bilateral resolution of issues between labor and management. Individual grievances shall not normally be discussed at Council meetings or conference calls, and will not be decided within this forum.
     
  7. The Employer agrees to provide the Union with material related to working conditions. The Employer will share regular updates on other activities. The Union may request additional information in the course of monthly briefings. If available, management will provide such information.
     
  8. The parties recognize that training in cooperative labor management relationships, such as interest-based bargaining, conflict resolution, alternative dispute resolution techniques, and communications skills, may be useful in enhancing the Council's accomplishments.
     
  9. The Council will make decisions by consensus.
     
  10. The Employer will notify the Union if and when a Department level union/management council is instituted and of any action taken by that council on issues that impact on the bargaining unit.

         
 
The Union/Management Cooperative Process

Steps To A Successful Union/Management Council

Traditionally, the relationship of the Union with Management has often been adversarial. Federal unions have made gains for employees through negotiating bargaining agreements (the Contract) that are often enforced through the grievance process. This process is by nature a conflict and is not usually a productive process for either party. Time, energy and resources are consumed by both parties that would be better utilized in supporting the Agency in its mission and in improving conditions for the bargaining unit employees (BUE’s). By forming a Union/Management Councils on the local and national level, the parties gain an informal forum for collectively solving problems before they become serious enough to warrant the grievance process. More info: 
FMCS Principles of Labor-Management Cooperation

Forming your local Union/Management Council (UMC)

In designing your Union/Management Council, the Union and Management should consider the following:

  1. How many people from each party should attend? With too many people you will lose productivity and may end up with “group think,” but also remember the rule of never going into a meeting with only one representative for the Union. Usually two to three people from each party is a good number.  Remember the "RULE OF TWO": the Union should always have two or more representatives at UMC meetings.  Silent observers do not generally count as participants. The people who attend the meeting should have the “power” to make binding decisions—in other words they don’t need to go ask someone’s permission to come to an agreement. More info: 
    An Effective Group    .

  2. Who should attend the UMC meetings? As with bargaining teams, Management does not get to dictate who represents the Union and visa versa. It is not necessary for the same members of the Union and Management to be present at each meeting, but some continuity is helpful. Usually the Union’s representatives will be the Senior Steward and Stewards, but sometimes this is not possible either because an office only has one Union Officer or because an Officer is unable to attend. To solve this problem you can also invite BUE’s to participate in addition to at least one Union Officer. This is a great way to show your BUE the active role their Union is taking in the office.

  3. How often will your UMC meet? The frequency of your UMC meetings will depend on the time of year, schedules of the participants and what is happening in your office. At a minimum, you should try to meet on a monthly basis. If your office has never held UMC meetings, or it has been a long time since your last meeting, don’t be surprised if the first meeting lasts a long time and leaves unanswered questions—you get to have more meetings to solve more problems. Once you have gotten into the rhythm of monthly meetings, usually an hour is sufficient.

  4. What is the structure? UMC’s are designed to be informal, so there is no need to call the meeting to order or stand when you speak. No one person is in charge of the meetings but it is polite for each party to listen to each other without interruptions. If you have a question and there is not a natural break, write it down so you can ask when the person has finished talking.

  5. Do I get official time for UMC meetings? The time it takes to attend the UMC meeting does not come from your 5 hours because it is a meeting with Management (see Article 7, section 5e). How your local Management will want you to record this time in MIS will vary (usually under “Meeting”). You can request official time from your 5 hours per week for any UMC preparations or follow up tasks, including meeting with other reps, BUE’s, emailing about the meeting and writing meeting minutes.

Union/Management Council Meetings

  1. What will you discuss? You can discuss anything that impacts the BUE you represent, ranging from the dress code to Management’s plans to remodel the Agency. This includes holiday parties, tissue paper quality, styles of pens, dress code, health and safety concerns, respect and dignity, counter scheduling, furniture purchases, art work and decor, duty officer rotations, addressing workload concerns, training opportunities, work schedules, etc.  Keep in mind that local Management does not control national policies (such as the quota) and generally will not agree to something that would be counter to national policy. However, you can make your local Management aware of BUE concerns about national policies. Regardless of if you decide to discuss national issues at your UMC, you should definitely email the Nationwide Union Representatives about national issues that concern your BUE. Individual BUE issues, such as a problem getting promoted, are better addressed outside the UMC forum in a separate meeting or through the grievance process. There are some items that are covered in the Contract but are left up to the local level to decide. See Local Agreements below for more details.

  2. How should you prepare for the UMC meeting? You should have a list of issues prepared so that the meeting has direction and purpose. To ensure that you are representing the interests of your BUE, it is a good idea send an email using your office’s NFFEBUE email distribution list (make sure it is current!) a couple of days prior to the meeting. For example: “There will be a Union/Management Council meeting on 12/11. If you have any issues you would like addressed, please email or talk to me before the end of 12/10.” Once you have an agenda, all of the people who will be attending the UMC on behalf of the Union should meet briefly to discuss the Union’s position on each issue. Go to the meetings with solutions in mind for each problem and make sure the solutions are what your BUE want.

  3. How will UMC decisions be made? Decisions must be made by consensus. If the Union and Management do not reach a consensus on how to resolve an issue, you always have the option of invoking your right to bargain under Article 12. If you are unsure if the issue is negotiable or whether you have the right to bargain substantively or for I & I, immediately contact your Nationwide Union Representatives for guidance. You may also find that Management will ask for the Union to provide BUE input on potential changes. If you are not sure what the BUE would want (for instance, how should new desks be distributed), you should tell Management that you will survey the BUE and get back to them either in another UMC meeting or by email. More info: 
    Meeting to Discuss Problems, Develop Solutions, & Make Decisions      
    Sources of Resistance

Definition of "Consensus"

  • A group reaches consensus when all members agree upon a single alternative, and each group member can honestly say:

    • I believe that you understand my point of view and that I understand yours.

    • Whether or not I prefer this decision, I support it because
      - It was reached fairly and openly, and
      - It is the best solution for us at this time.

Guidelines on Reaching Consensus

  1. Listen: Pay attention to others.

  2. Encourage participation.

  3. Share information.

  4. Don’t agree to quickly.

  5. Don’t bargain or trade support.

  6. Don’t vote.

  7. Treat differences as a strength.

  8. Create a solution that can be supported.

  9. Avoid arguing blindly for your own views.

  10. Seek a win-win solution.

  1. How will internal disputes be resolved? Like in formal bargaining, there can be disputes between the parties or between individuals in one party. NFFE’s motto is “All for one and one for all,” and that includes presenting a united position on issues. If there is an issue that the Union representatives disagree upon, you must request to caucus (meet apart from Management in order to discuss your differences and come to an agreement). Sometimes this may mean that you will not conclude discussing the issue with Management until you have gotten more information from your BUE in the form of a survey or after consultation with the Nationwide Union Representatives.

  2. What should you do after the meeting? It is important that you keep a written record of the issues discussed in your UMC meetings, especially including decisions reached by the parties and any promises made by Management. Designate at least one person to take notes during the UMC meeting. In advance of the meeting, request official time for soon after the UMC meeting for someone to type the minutes (so that the events are fresh). It is not appropriate to include the tone of voice someone used (i.e. “She shouted…”) or anything not actually related to Agency business (i.e. jokes, stories about weekend plans). If possible, it is good to try to record important statement verbatim to preserve their intent. The Union representatives should agree on the minutes and then forward them to Management for concurrence. Once the parties agree on the minutes, you should send them by email to your office’s NFFEBUE distribution list and post a hard copy on your Union bulletin board. For examples of UMC meeting minutes, please see: 
    PPT/Local 1998 Docs.

Local Agreements

While the Contract covers many of the topics that impact a BUE’s worklife, it also allows for the local level to add agreements that tailor policies to fit the office.  Any local policies, agreements, or MOU's must be consistent with the Contract.  Some topics that can be addressed at the local office level include, but are not limited to:

  1. Compressed Work Schedule (CWS)

  2. Dress Code

  3. Desk Seating Agreements

  4. Union Orientations

For examples of local agreements, please see: 
PPT/Local 1998 Docs.

Tips for being Effective

  • Look for common goals.  Don't focus on differences. 

  • Share information, and keep it confidential if necessary (however, make it clear to Management that confidentiality cannot be allowed to impede diligent representation).  

  • Continually teach and learn the skills for achieving goals. 

  • Make decisions by consensus. 

  • Communicate openly.  

  • Keep an open mind.  

  • Be honest.  

  • Trust your partners. 

  • Commit to using alternative forms of dispute resolution. 

  • Adapt to changes.  

  • Be patient: cultures can take years to change. 

Excerpted in part from the Federal Times, March 8, 1998

Finding Solutions

There are a variety of problems solving techniques that can be utilized to aid the council in finding solutions to challenging problems.

  • Brain Storming

    • Guidelines for Brainstorming:

      1. Don’t critique ideas.

        • Don’t take time to evaluate ideas;  it interrupts the flow of ideas. 

        • Evaluating ideas is another, later step in the process.

        • Don’t kill or discourage contributions with judgmental remarks such as:

          • That is ridiculous!

          • We’ve already tried that!

          • Whoever heard of that!

      2. Use freewheeling imagination.

        • Let your mind work freely. 

        • Don’t prevent ideas from emerging by rigidly adhering to logical thinking. 

        • Don’t feel bound by budget, time, staff, or other resource constraints. 

        • Share mental images, synonyms, plays-on-words, free associations, farfetched ideas.

      3. Build on others’ ideas.

        • Combine, expand, hitchhike, piggyback

      4. Aim for quantity.

        • The more ideas you can bring out, the better. 

        • Don’t worry about duplicates. 

        • You are not aiming for quality at this point, only quantity.

      5. Record each idea.

        • Record each idea on flipchart paper exactly as presented. 

        • Try to keep it brief but faithful to the wording of the presenter.

  • Interest Based Problem-Solving

Measuring Success

Measuring the Council's success:

  1. What has improved because of the union/management council?

  2. What aspects of your relationship need further attention?

  3. What action does the council need to take?
    - Opportunity for re-consideration and re-design
    - Expand partnership/cooperation skills
History of Partnerships to Union/Management Councils

1993 

President Clinton signed Executive Order 12871 directing agencies to form Partnerships with their labor unions for the purpose of designing and implementing “comprehensive changes necessary to reform government” and to “champion change in Federal Government agencies to transform them into organizations capable of delivering the highest quality services to the American people” (E.O. 12871, Oct 1, 1993) 

1995 

Representatives of Local 1998 (Leah Anderson, Claude Scott, Bill Beardall, and Veraneice Knotten) and Passport Services Management meet in Washington, DC, to sign the Partnership Agreement between the parties and to receive training in implementing the Agreement.

1998 

At the annual meeting between representatives of Local 1998 and management officials of Passport Services, the Partnership Agreement was discussed and plans were made for a re-emphasis of partnerships at the regional level and for training representatives from each office.

1999 

May - Management and union representatives from each office in Passport Services gather at the Foreign Service institute for two days training on the partnership process conducted by the Federal Mediation and Conciliation Service.

June – A joint memorandum from the Deputy Assistant Secretary and Local President was sent out to all Regional Directors re-emphasizing the importance of regional partnerships.

2001

Contract negotiations between Local 1998 and Passport Services come to a conclusion.  The new contract includes the Partnership Agreement and additional duties for regional partnerships. 

President Bush rescinds Executive Order 12871. 

Prior to the effective date of the new contract representatives from Passport Services and Local 1998 agree to retain the Partnership Agreement under a new title, Union/Management Cooperation Agreement.  All references to the partnership are changed to Union/Management Council.

July - The new contract between Passport Services and Local 1998 goes into effect, including the the Union/Management Cooperation Agreement (Article 4).  

September - The parties hold their first National Union/Management Council (NUMC) meeting since the contract went into effect: 
September 25, 2001 NUMC Official (Joint) Meeting Minutes

2002 

December - The parties hold their second NUMC meeting: 
December 3-4, 2002 NUMC Official (Joint) Meeting Minutes

2003 

August - The parties hold a special NUMC meeting focused solely on the topic of the nationwide adjudication standards: 
August 6, 2003 NUMC Official (Joint) Meeting Minutes

 

 

 

 

 

 

 

 

 Updated 2-2-2009