1 PAGE TITLE GOES HERE December 2013 Role and Function of the FMCS

2 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”

3 FMCS Mission Promote sound and stable labor-management relations;  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

4  Headquarters in Washington, DC  Director appointed by the President of the United States, and reports directly to the President and reports directly to the President  10 Sub Regional Offices  67 Field Offices Nationwide FMCS Structure

5 FMCS: How Can We Help You?

6 How Can Mediation Benefit You? Mediation, the use of a third-party neutral, can help you “bridge the gap.”

7 A Mediator Can….  Clarify Issues  Define problems  Generate options  Explore alternatives  Keep talks moving  Make suggestions  Establish realistic expectations

8 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

9  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 FMCS Services

10 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 for states and regions and national labor-management events  Work with negotiations and mediation training for government agencies, industry and unions  Develop courses in dealing with generational conflict at the workplace; grief at the workplace, and the FMCS Institute

11 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

12 Collective Bargaining and FMCS A National Look – FY 2013  22,702 Notices 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

13 Contract Duration & Notice Trends Source: FMCS Annual Reports FMCS Work Stoppages Ended in Fiscal Year,

14 Contract Duration & Notice Trends Source: FMCS Case Data Bargaining Notices Received and Contract Durations,

15 Contract Durations During Recession New Contract Durations v GDP Growth, FY 1985–2013 Sources: FMCS; Department of Commerce; National Bureau of Economic Research

16 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

17 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

18 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

19 FMCS provides consultation, training, dispute resolution systems design and facilitation services. Our services help you reduce litigation costs and promote better government decision-making. Mediation Services for Federal Sector, State and Local Governments

20 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.

21 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

22 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

23  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. Arbitration Functions

24 The General Principles Getting To Yes 1.Don’t 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

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

26 For More Information