Role and Function of the FMCS PAGE TITLE GOES HERE December 2013
Statutory Mission 1947:Created as an Independent agency under Taft-Hartley Act Neither a regulatory nor an enforcement agency, but a neutral designed to assist Labor & Management Resolve collective bargaining disputes which threaten the free flow of commerce Purpose: “Make available full and adequate government facilities for conciliation, mediation and voluntary arbitration to aid and encourage [the parties] to settle differences through collective bargaining”
FMCS Mission • Promote sound and stable labor-management relations; • Prevent or minimize work stoppages; • Advocate collective bargaining, mediation, arbitration; • Advocate the art, science and practice of ADR; • Provide conflict resolution services; • Foster improved labor-management relationships
FMCS Structure • Headquarters in Washington, DC • Director appointed by the President of the United States, and reports directly to the President • 10 Sub Regional Offices • 68 Field Offices Nationwide
FMCS: How Can We Help You?
How Can Mediation Benefit You? Mediation, the use of a third-party neutral, can help you “bridge the gap.”
A Mediator Can…. • Clarify Issues • Define problems • Generate options • Explore alternatives • Keep talks moving • Make suggestions • Establish realistic expectations
Why mediation can be an effective tool for conflict resolution • Parties retain control of resolution • Voluntary (in most cases) • Informal vs. formal process • Time efficient • Cost effective
FMCS Services • Collective Bargaining Mediation Private, Public, & Federal Sectors • Relationship Development and Training (RDT) Customized training for labor and management • Grievance Mediation • Arbitration Services • Education, Outreach & Advocacy Of collective bargaining and dispute resolution processes • Employment Mediation and Non-Bargaining Related ADR Services In-lieu of litigation of non-labor employment disputes, public policy and regulatory disputes
In-depth Training and Help • Training in interest-based problem solving, communication skills and relationship-building • Look at “best practices” in USA and abroad • Hold major conferences – National Labor-Management Conference • Work with negotiations and mediation training for government agencies, industry and unions, and U.S. Marine Corps • Develop courses in dealing with generational conflict at the workplace; grief at the workplace, and the FMCS Institute
The Impact of Mediation on the Bargaining Process Last fiscal year, FMCS mediators were actively monitoring nearly 13,000 collective bargaining negotiations They were actively involved in more than 4,100 Achieved settlement in 84% of the cases
Collective Bargaining and FMCSA National Look – FY 2013 22,702Notices Filed with FMCS 12,938 Assignments to Mediators 4,122 Active Mediations* 2,027 Training Programs Conducted (RDT) 1,872 Grievances Mediated 1,118 Employment Mediations Conducted *FMCS Open and Closed Case Data
Contract Duration & Notice Trends FMCS Work Stoppages Ended in Fiscal Year, 1948-2013 Source: FMCS Annual Reports
Contract Duration & Notice Trends Bargaining Notices Received and Contract Durations, 1985-2013 Source: FMCS Case Data
Contract Durations During Recession New Contract Durations v GDP Growth, FY 1985–2013 Sources: FMCS; Department of Commerce; National Bureau of Economic Research
Average Yearly Impact of FMCS Mediation 1999 – 2013* Average Work Stoppage Duration—Timely Mediation = 44 days Average Work Stoppage Duration—Delayed Mediation = 66 days Average Reduction of Work Stoppage Duration of 33% *Based on Research by the Employment Policy Foundation
Average Estimated Annual Savings* Average Estimated Annual Savings to Employer Profits & Employee Earnings Through FMCS Work Stoppage Reduction and Avoidance: $1.1 billion through fewer stoppages $298 million through shorter stoppages $1.5 billion in total benefits *Based on Research by the Employment Policy Foundation
Mediation Services for Federal Sector, State and Local Governments Outside the collective bargaining arena, FMCS provides employment mediation services to the federal sector and to state and local governments. The Administrative Dispute Resolution Act of 1990, the Negotiated Rulemaking Act of 1990, and the Administrative Dispute Resolution Act of 1996 expanded FMCS’ role as a provider of alternative dispute resolution services.
Mediation Services for Federal Sector, State and Local Governments FMCS provides consultation, training, dispute resolution systems design and facilitation services. Our services help you reduce litigation costs and promote better government decision-making.
Employment Mediation Although the agency provides non-collective bargaining related employment mediation services to the private sector, efforts are concentrated on federal-sector employment mediation. Employment mediation in the private and public sectors are reimbursable activities. We are compensated for travel, delivery and preparation time for each case handled.
Training Communication Skills Rebuilding Workplace Relationships Basic & Advanced Conflict Management Skills Consensus Building & Working Styles for Team Collaboration Mediation EEO Informal & Formal Grievances Workplace Interventions Public Policy & Community Issues Contract Disputes Organizational Conflict Management Services
Organization Enhancements Systems Design for Conflict Management and Resolution Mentoring & Coaching Facilitation Services Work Group Meetings Internal & External Stakeholder Meetings Management & Labor Committee Forums Organizational Conflict Management Services
Arbitration Functions • FMCS administers a roster of arbitrators (1,000-plus experts) • It provides panels of arbitrators names in response to requests from labor and management • It has an “Arbitrator Review Board” to deal with any complaints and to decide who is permitted to be on the roster • It provides training for the parties in arbitration and for neutrals who wish to become arbitrators --- this is done through the FMCS Institute.
Getting To Yes • Don’t Bargain Over Positions • Separate People from the Problem • Focus on Interests, Not Positions • Invent Options for Mutual Gain • Insist on Using Objective Criteria The General Principles Source: Fisher and Ury, Getting to Yes
Cooperative Relationships Keys To Cooperative Relationships, Of Any Kind COMMUNICATION (Develop joint problem-solving teams) COMMUNICATION (Don’t let problems fester) COMMUNICATION (Be honest about issues) COMMUNICATION (Know when to get help)
For More Information www.FMCS.gov