1

PAGE TITLE GOES HERE

December 2013

Role and Function of the FMCS

2

Statutory Mission

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”

3

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

4

Headquarters in Washington, DCHeadquarters in Washington, DC

Director appointed by the President of the United States, Director appointed by the President of the United States, and reports directly to the Presidentand reports directly to the President

10 Sub Regional Offices10 Sub Regional Offices

67 Field Offices Nationwide67 Field Offices Nationwide

FMCS Structure

5

FMCS: How CanWe Help You?

6

How Can Mediation Benefit You?

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.”

7

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

8

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

9

Collective Bargaining MediationCollective Bargaining Mediation

Private, 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

Employment Mediation and Non-Bargaining Related ADR ServicesEmployment Mediation and Non-Bargaining Related ADR Services

In-lieu of litigation of non-labor employment disputes, public policy and In-lieu of litigation of non-labor employment disputes, public policy and regulatory disputesregulatory disputes

FMCS Services

10

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

11

The Impact of Mediation on the Bargaining Process

Last fiscal year, FMCS mediators were actively Last fiscal year, FMCS mediators were actively monitoring nearly 13,000 collective bargaining monitoring nearly 13,000 collective bargaining negotiationsnegotiations

They were actively involved in more than 4,100They were actively involved in more than 4,100

Achieved settlement in Achieved settlement in 84%84% of the cases of the cases

12

Collective Bargaining and FMCSA National Look – FY 2013

22,70222,702 Notices Filed with FMCSNotices Filed with FMCS

12,938 Assignments to Mediators12,938 Assignments to Mediators

4,122 Active Mediations*4,122 Active Mediations*

2,027 Training Programs Conducted (RDT)2,027 Training Programs Conducted (RDT)

1,872 Grievances Mediated1,872 Grievances Mediated

1,118 Employment Mediations Conducted1,118 Employment Mediations Conducted

*FMCS Open and Closed Case Data

13

Contract Duration & Notice Trends

Source: FMCS Annual Reports

FMCS Work Stoppages Ended in Fiscal Year, 1948-2013

14

Contract Duration & Notice Trends

Source: FMCS Case Data

Bargaining Notices Received and Contract Durations, 1985-2013

15

Contract Durations During Recession

New Contract Durations v GDP Growth, FY 1985–2013

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

Recession Periods

16

Average Yearly Impact of FMCS Average Yearly Impact of FMCS Mediation 1999 – 2013*Mediation 1999 – 2013*

Average Work Stoppage Duration—Timely Mediation = Average Work Stoppage Duration—Timely Mediation = 44 days44 days

Average Work Stoppage Duration—Delayed Mediation = Average Work Stoppage Duration—Delayed Mediation = 66 days66 days

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

*Based on Research by the Employment Policy Foundation

17

Average Estimated Annual Savings*

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

$1.1 billion through fewer stoppages$1.1 billion through fewer stoppages

$298 million through shorter stoppages$298 million through shorter stoppages

$1.5 billion in total benefits$1.5 billion in total benefits

*Based on Research by the Employment Policy Foundation

18

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

19

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

20

Employment Mediation

Although 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.

21

Organizational Conflict Management Services

Training

Communication SkillsCommunication Skills

Rebuilding Workplace Rebuilding Workplace RelationshipsRelationships

Basic & Advanced Basic & Advanced Conflict Management Conflict Management SkillsSkills

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 & Public Policy & Community IssuesCommunity Issues

Contract DisputesContract Disputes

22

Organizational Conflict Management Services

Organization Enhancements

Systems Design for Systems Design for Conflict Management and Conflict 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

23

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

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

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

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

Arbitration Functions

24

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

25

Keys To Cooperative Relationships, Of Any Kind

Keys 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)

26

www.FMCS.govwww.FMCS.gov

For More Information