Role and Function of the FMCS January 2016

Role and Function of the FMCS January 2016

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

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

Statutory Mission 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. 4

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

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

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

FMCS Mission Advocate the art, science and practice of ADR; Provide conflict resolution services; Foster improved labormanagement relationships 8

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

FMCS Structure Headquarters in Washington DC

FMCS Structure 10 Regional Offices

FMCS Structure More Than 60 Field Offices

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

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

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

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

A Mediator Can… Help Parties § Establish Realistic Expectations

FMCS Services § 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 NONCOLLECTIVE 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 Institute § 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.

The Impact of Mediation on the Bargaining Process § In fiscal year 2015, FMCS mediators: § Actively monitored almost 12, 000 collective bargaining negotiations § Actively involved in mediating more than 3, 700 collective bargaining negotiations § Achieved settlement in 85% of the cases

Collective Bargaining and FMCS A National Look – FY 2015* § 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

FMCS Work Stoppages Ended in Fiscal Year, 1948 -2015 3 500 3 000 2 500 2 000 1 500 1 000 500 0 1948 1958 Source: FMCS Annual Reports 1968 1978 1988 1998 2008

42 50 39 45 36 40 33 35 30 30 27 25 24 20 Average Contract Duration. . . 21 15 18 10 1985 1990 Source: FMCS Annual Reports 1995 2000 2005 2010 2015 Thousands Month Bargaining Notices Received and Contract Durations, 1985 -2015

39 7 36 5 33 3 30 1 % GDP Growth Months New Contract Durations v GDP Growth, FY 1985– 2015 Recession. . . Average Contract Duration 27 (1) 24 (3) 1985 1989 1993 1997 2001 2005 2009 Sources: FMCS; Department of Commerce; National Bureau of Economic Research 2013 28

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

ADR Services for Government § 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 decisionmaking.

Arbitration Services § 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

Cooperative Relationships Keys to Cooperative Relationship 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