January 2016 Role and Function of the FMCS. Statutory Mission 2 Created in 1947 as an Independent agency under Taft-Hartley Act.

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Presentation transcript:

January 2016 Role and Function of the FMCS

Statutory Mission 2 Created in 1947 as an Independent agency under Taft-Hartley Act

Statutory Mission 3 Neither a regulatory nor an enforcement agency, but a neutral party designed to assist labor and management

Statutory Mission 4 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.

Statutory Mission 5 Helps parties resolve collective bargaining disputes which threaten the free flow of commerce

Statutory Mission 6 Make its services available to Federal agencies to aid in the resolution of disputes through assistance, training, and the provision of neutrals.

Promote sound and stable labor- management relations; Prevent or minimize work stoppages; Advocate collective bargaining, mediation, arbitration; FMCS Mission

8 Advocate the art, science and practice of ADR; Provide conflict resolution services; Foster improved labor- management relationships

FMCS Structure Director Allison Beck was appointed by the President of the United States, and reports directly to the President Director Allison Beck was appointed by the President of the United States, and reports directly to the President

Headquarters in Washington DC Headquarters in Washington DC FMCS Structure

10 Regional Offices FMCS Structure

More Than 60 Field Offices FMCS Structure

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.” Needs bridge graphic plus any required attribution

Parties retain control of resolution Voluntary (in most cases) Informal vs. formal process Time efficient Cost effective Mediation: An Effective Tool for Conflict Resolution

Help Parties  Clarify issues  Define problems A Mediator Can…  Generate options  Explore alternatives

Help Parties  Keep Talks Moving Forward  Make Suggestions A Mediator Can…

Help Parties  Establish Realistic Expectations A Mediator Can…

  COLLECTIVE BARGAINING MEDIATION  Private, Public, and Federal Sectors  RELATIONSHIP DEVELOPMENT AND TRAINING  Customized training for labor and management  GRIEVANCE MEDIATION FMCS Services

  ARBITRATION SERVICES  Maintains a nationwide roster of highly qualified arbitrators and promotes the advancement of fair and effective labor arbitration  EDUCATION, ADVOCACY, and OUTREACH  Of Collective Bargaining and Dispute Resolution Processes and Services FMCS Services

 EMPLOYMENT MEDIATION and NON- COLLECTIVE BARGAINING ADR SERVICES  As an alternative to litigation of non-labor employment disputes, public policy and regulatory disputes  Includes consultation, convening, design, training, and neutral services FMCS Services

 Unique Training  The FMCS Institute for Conflict Management delivers conflict resolution training that’s accessible, practical, experience-based and directed towards individuals and small groups of employees and managers. FMCS Institute

 In fiscal year 2015, FMCS mediators:  Actively monitored almost12,000 collective bargaining negotiations  Actively involved in mediating more than 3,700 collective bargaining negotiations  Achieved settlement in 85% of the cases The Impact of Mediation on the Bargaining Process

 More than 19,000 Notices Filed with FMCS  11,636 Assignments to Mediators  3,719 Active Mediations *FMCS Closed Case Data Collective Bargaining and FMCS A National Look – FY 2015*

 1,923 Training Programs Conducted (RDT)  1,676 Grievances Mediated  1,066 Employment Mediations Conducted *FMCS Closed Case Data Collective Bargaining and FMCS A National Look – FY 2015*

Source: FMCS Annual Reports FMCS Work Stoppages Ended in Fiscal Year,

Source: FMCS Annual Reports Bargaining Notices Received and Contract Durations,

28 Sources: FMCS; Department of Commerce; National Bureau of Economic Research New Contract Durations v GDP Growth, FY 1985–2015

Average Yearly Impact of FMCS Mediation *  Average Work Stoppage Duration—Timely Mediation = 45.6 days  Average Work Stoppage Duration—Delayed Mediation = 68.4 days  Average Reduction of Work Stoppage Duration of 33% *Based on Research by the Employment Policy Foundation

 Estimated Annual Savings to Employer Profits & Employee Earnings in FY 2014 Through FMCS Work Stoppage Reduction and Avoidance:  $607.5 million through fewer stoppages  $62.5 million through shorter stoppages  $670 million in total benefits *Based on Research by the Employment Policy Foundation Estimated Annual Savings FY2014*

 Outside the collective bargaining arena, FMCS provides employment mediation services to the federal sector and to state and local governments. ADR Services for Government

Our services help reduce litigation costs and promote better government decision- making. ADR Services for Government

 Through its Arbitration Department, FMCS administers a roster of over 1,000 highly qualified and experienced arbitrators Arbitration Services

 Arbitrators are selected for the roster based on standards of excellence in a process overseen by the Arbitration Review Board and subject to approval of the Agency Director Arbitration Services

COMMUNICATION (Develop joint problem-solving teams) COMMUNICATION (Don’t let problems fester) COMMUNICATION (Be honest about issues) COMMUNICATION (Know when to get help) Keys to Cooperative Relationship of Any Kind Cooperative Relationships

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