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Role and Function of the FMCS
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November 2009
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Statutory Mission
1947Created 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

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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

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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 in 38 states

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FMCS How Can We Help You?
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How Can Mediation Benefit You?
Mediation, the use of a third-party neutral, can
help you bridge the gap.
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A Mediator Can.

• Clarify Issues
• Define problems
• Generate options
• Explore alternatives
• Keep talks moving
• Make suggestions
• Establish realistic expectations

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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

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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

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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

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The Impact of Mediation on the Bargaining Process

• Last fiscal year, FMCS mediators were actively
  monitoring nearly 14,000 collective bargaining
  negotiations
• They were actively involved in nearly 5,000
• Achieved settlement in nearly 86 of the cases

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Collective Bargaining and FMCSA National Look
FY 2009

• 21,480 Notices Filed with FMCS
• 13,900 Assignments to Mediators
• 4,800 Active Mediations
• 2,300 Training Programs Conducted (RDT)
• 2,000 Grievances Mediated
• 1,400 Employment Mediations Conducted
• FMCS Open and Closed Case Data

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Contract Duration Notice Trends
Number of Work Stoppages Ended in Fiscal Year,
1970-2009
Source FMCS Case Data
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Contract Duration Notice Trends
Bargaining Notices Received and Contract
Durations, 1985-2009
Source FMCS Case Data
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Contract Durations During Recession
Contract Durations and GDP Growth, FY 1985- 2009
Recessions
Sources FMCS Department of Commerce National
Bureau of Economic Research
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Average Yearly Impact of FMCS Mediation 1999
2008

• Average Work Stoppage DurationTimely Mediation
  40 days
• Average Work Stoppage DurationDelayed Mediation
  62 days
• Average Reduction of Work Stoppage Duration of
  35.7

Based on Research by the Employment Policy
Foundation
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Average Estimated Annual Savings

• Average Estimated Annual Savings to Employer
  Profits Employee Earnings Through FMCS Work
  Stoppage Reduction and Avoidance
• 1.2 billion through fewer stoppages
• 230 million through shorter stoppages
• 1.4 billion in total benefits

Based on Research by the Employment Policy
Foundation
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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.
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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.
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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.
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Organizational Conflict Management Services

• 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

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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

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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.

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Getting To Yes

• The General Principles

1. Dont Bargain Over Positions
2. Separate People from the Problem
3. Focus on Interests, Not Positions
4. Invent Options for Mutual Gain
5. Insist on Using Objective Criteria

Source Fisher and Ury, Getting to Yes
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Cooperative Relationships
Keys To Cooperative Relationships, Of
Any Kind
COMMUNICATION (Develop joint problem-solving
teams)
COMMUNICATION (Dont let problems fester)
COMMUNICATION (Be honest about issues)
COMMUNICATION (Know when to get help)
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For More Information
www.FMCS.gov