FMCS Federal Mediation and Conciliation Service 1 PAGE TITLE GOES HERE February 2015 Role and...

FMCSFederal Mediation and Conciliation Service

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PAGE TITLE GOES HERE

February 2015

Role and Function of the FMCS


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19471947:Created as an Independent :Created as an Independent agency under Taft-Hartley Act agency under Taft-Hartley Act

Neither a regulatory nor an Neither a regulatory nor an enforcement agency, but a neutral enforcement agency, but a neutral designed to assist Labor & designed to assist Labor & ManagementManagement

Resolve collective bargaining Resolve collective bargaining disputes which threaten the free flow disputes which threaten the free flow of commerceof commerce

Purpose: “Make available full and Purpose: “Make available full and adequate government facilities for adequate government facilities for conciliation, mediation and voluntary conciliation, mediation and voluntary arbitration to aid and encourage [the arbitration to aid and encourage [the parties] to settle differences through parties] to settle differences through collective bargaining”collective bargaining”


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FMCS Mission Promote sound and stable labor-management relations;Promote sound and stable labor-management relations;

Prevent or minimize work stoppages;Prevent or minimize work stoppages;

Advocate collective bargaining, mediation, arbitration;Advocate collective bargaining, mediation, arbitration;

Advocate the art, science and practice of ADR;Advocate the art, science and practice of ADR;

Provide conflict resolution services; Provide conflict resolution services;

Foster improved labor-management relationshipsFoster improved labor-management relationships


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Headquarters in Washington, DCHeadquarters in Washington, DC

Director appointed by the President and reports directly to the Director appointed by the President and reports directly to the PresidentPresident

10 Sub Regional Offices10 Sub Regional Offices

More Than 60 Field Offices NationwideMore Than 60 Field Offices Nationwide

FMCS Structure


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FMCS: How CanWe Help You?


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Mediation, the use of a third-party neutral, can Mediation, the use of a third-party neutral, can help you “bridge the gap.”help you “bridge the gap.”


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A Mediator Can…. Clarify IssuesClarify Issues

Define problemsDefine problems

Generate optionsGenerate options

Explore alternativesExplore alternatives

Keep talks movingKeep talks moving

Make suggestionsMake suggestions

Establish realistic expectationsEstablish realistic expectations


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Why mediation can be an effective tool for conflict resolution

Parties retain control of resolutionParties retain control of resolution Voluntary (in most cases)Voluntary (in most cases) Informal vs. formal processInformal vs. formal process Time efficientTime efficient Cost effectiveCost effective


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Collective Bargaining MediationCollective Bargaining MediationPrivate, Public, & Federal SectorsPrivate, Public, & Federal Sectors

Relationship Development and Training (RDT)Relationship Development and Training (RDT)Customized training for labor and managementCustomized training for labor and management

Grievance MediationGrievance Mediation Arbitration ServicesArbitration Services Education, Outreach & AdvocacyEducation, Outreach & Advocacy

Of collective bargaining and dispute resolution processesOf collective bargaining and dispute resolution processes

FMCS Services


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In-Depth Training and Help Training in interest-based problem solving, Training in interest-based problem solving,

communication skills and relationship-buildingcommunication skills and relationship-building

Look at “best practices” in USA and abroadLook at “best practices” in USA and abroad

Hold major conferences for states and regions and Hold major conferences for states and regions and national labor- national labor-management eventsmanagement events

Work with negotiations and mediation training for Work with negotiations and mediation training for government agencies, industry and unionsgovernment agencies, industry and unions

Develop courses in dealing with generational Develop courses in dealing with generational conflict at the workplace; grief at the workplace, conflict at the workplace; grief at the workplace, and the FMCS Institute and the FMCS Institute


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The Impact of Mediation on the Bargaining Process In fiscal year 2014, FMCS mediators were actively monitoring In fiscal year 2014, FMCS mediators were actively monitoring

more than 12,000 collective bargaining negotiationsmore than 12,000 collective bargaining negotiations

They were actively involved in mediating more than 4,000They were actively involved in mediating more than 4,000

Achieved settlement in Achieved settlement in 86%86% of the cases of the cases


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Collective Bargaining and FMCSA National Look – FY 2014

More than 21,000More than 21,000 Notices Filed with FMCSNotices Filed with FMCS

12,054 Assignments to Mediators12,054 Assignments to Mediators

4,009 Active Mediations*4,009 Active Mediations*

1,884 Training Programs Conducted (RDT)1,884 Training Programs Conducted (RDT)

1,762 Grievances Mediated1,762 Grievances Mediated

910 Employment Mediations Conducted910 Employment Mediations Conducted

*FMCS Open and Closed Case Data


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Source: FMCS Annual Reports

Work Stoppages Ended in Fiscal Year, 1948-2014


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Source: FMCS Case Data

Bargaining Notices Received, Contract Durations 1985-2014


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New Contract Durations v GDP Growth, FY 1985–2014

Sources: FMCS; Department of Commerce; National Bureau of Economic Research

Recession Periods


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Average Yearly Impact of FMCS Mediation Average Yearly Impact of FMCS Mediation 1999-2014*1999-2014*

Average Work Stoppage Duration—Timely Mediation = 45.6 Average Work Stoppage Duration—Timely Mediation = 45.6 daysdays

Average Work Stoppage Duration—Delayed Mediation = 68.4 Average Work Stoppage Duration—Delayed Mediation = 68.4 daysdays

Average Reduction of Work Stoppage Duration of 33%Average Reduction of Work Stoppage Duration of 33%

*Based on Research by the Employment Policy Foundation


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Estimated Annual Savings FY 2014*

Estimated Annual Savings to Employer Profits & Estimated Annual Savings to Employer Profits & Employee Earnings in FY 2014 Through FMCS Work Employee Earnings in FY 2014 Through FMCS Work Stoppage Reduction and Avoidance:Stoppage Reduction and Avoidance:

$607.5 million through fewer stoppages$607.5 million through fewer stoppages

$62.5 million through shorter stoppages$62.5 million through shorter stoppages

$670 million in total benefits$670 million in total benefits

*Based on Research by the Employment Policy Foundation


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Outside the collective bargaining arena, FMCS provides Outside the collective bargaining arena, FMCS provides employment mediation services to the federal sector and to employment mediation services to the federal sector and to state and local governments.state and local governments.

The Administrative Dispute Resolution Act of 1990, the The Administrative Dispute Resolution Act of 1990, the Negotiated Rulemaking Act of 1990, and the Administrative Negotiated Rulemaking Act of 1990, and the Administrative Dispute Resolution Act of 1996 expanded FMCS’ role as a Dispute Resolution Act of 1996 expanded FMCS’ role as a provider of alternative dispute resolution services.provider of alternative dispute resolution services.

Mediation Services for Federal Sector, State and Local Governments


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FMCS provides consultation, training, dispute resolution FMCS provides consultation, training, dispute resolution systems design and facilitation services. systems design and facilitation services.

Our services help you reduce litigation costs and promote Our services help you reduce litigation costs and promote better government decision-making.better government decision-making.

Mediation Services for Federal Sector, State and Local Governments


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Employment MediationAlthough the agency provides non-collective bargaining Although the agency provides non-collective bargaining related employment mediation services to the private sector, related employment mediation services to the private sector, efforts are concentrated on federal-sector employment efforts are concentrated on federal-sector employment mediation. mediation.

Employment mediation in the private and public sectors are Employment mediation in the private and public sectors are reimbursable activities. We are compensated for travel, reimbursable activities. We are compensated for travel, delivery and preparation time for each case handled.delivery and preparation time for each case handled.


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Organizational Conflict Management Services

Training Communication SkillsCommunication Skills Rebuilding Workplace Rebuilding Workplace

RelationshipsRelationships Basic & Advanced Conflict Basic & Advanced Conflict

Management SkillsManagement Skills Consensus Building & Consensus Building &

Working Styles for Team Working Styles for Team CollaborationCollaboration

Mediation EEO Informal & Formal EEO Informal & Formal

GrievancesGrievances Workplace InterventionsWorkplace Interventions Public Policy & Community Public Policy & Community

IssuesIssues Contract DisputesContract Disputes


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Organizational Conflict Management Services

Organization Enhancements

Systems Design for Conflict Systems Design for Conflict Management and Management and ResolutionResolution

Mentoring & CoachingMentoring & Coaching

Facilitation Services Work Group MeetingsWork Group Meetings Internal & External Internal & External

Stakeholder MeetingsStakeholder Meetings Management & Labor Management & Labor

Committee ForumsCommittee Forums


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FMCS administers a roster of arbitrators (1,000-plus experts)FMCS administers a roster of arbitrators (1,000-plus experts)

It provides panels of arbitrators names in response to requests It provides panels of arbitrators names in response to requests from labor and managementfrom labor and management

It has an “Arbitrator Review Board” to deal with any complaints It has an “Arbitrator Review Board” to deal with any complaints and to decide who is permitted to be on the rosterand to decide who is permitted to be on the roster

It provides training for the parties in arbitration and for neutrals It provides training for the parties in arbitration and for neutrals who wish to become arbitrators --- this is done through the who wish to become arbitrators --- this is done through the FMCS Institute.FMCS Institute.

Arbitration Functions


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The General Principles

Getting To Yes

1.1. Don’t Bargain Over PositionsDon’t Bargain Over Positions

2.2. Separate People from the ProblemSeparate People from the Problem

3.3. Focus on Interests, Not Positions Focus on Interests, Not Positions

4.4. Invent Options for Mutual Gain Invent Options for Mutual Gain

5.5. Insist on Using Objective CriteriaInsist on Using Objective Criteria

Source: Fisher and Ury, Getting to Yes


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Keys To Cooperative Relationships―Of Any KindKeys To Cooperative Relationships―Of Any Kind

Cooperative Relationships

COMMUNICATION (Develop joint problem-solving teams)COMMUNICATION (Develop joint problem-solving teams)

COMMUNICATION (Don’t let problems fester)COMMUNICATION (Don’t let problems fester)

COMMUNICATION (Be honest about issues)COMMUNICATION (Be honest about issues)

COMMUNICATION (Know when to get help)COMMUNICATION (Know when to get help)


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www.FMCS.govwww.FMCS.gov

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FMCS Federal Mediation and Conciliation Service 1 PAGE TITLE GOES HERE February 2015 Role and...

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