1. AVOID THE IMPASSES PANEL & GET A DEAL WITH FMCS!
The Role of FMCS in Federal Sector Bargaining and How to Make Mediation Work for You
Allison Beck
Former Director, FMCS
Former General Counsel, IAM
Richard Giacolone
FMCS Commissioner

2. TODAY’S TAKEAWAYS
FMCS ROLE IN US LABOR RELATIONS
FMCS ROLE IN FEDERAL SECTOR BARGAINING
FMCS ENHANCED SERVICES TO FEDERAL SECTOR
MEDIATION – NOW MORE THAN EVER!

3. FMCS
It shall be the duty of the Service, in order to prevent or minimize interruptions of the free flow of commerce growing out of labor disputes, to assist parties to labor disputes … to settle such disputes through conciliation and mediation
Independent agency
No regulatory role
No enforcement authority
Prevent disputes
By improving LM relationships

4. FMCS ROLE IN FEDERAL SECTOR BARGAINING SCHEME
Executive Order 10988
Civil Service Bulletin 7005
1961 Task Force on Employee Management Relations
Executive Order 11491
1978 Federal Service Labor Management Relations Statue

5. EXPANDED FMCS FEDERAL SECTOR SERVICES 2009-2017
EO on Labor-Management Forums
Federal Sector Law & Practice Webinars
Federal Sector Success Story Webinars
National Labor-Management Conference
Laying the foundation to survive in tough times!

6. Mediation, the use of a third-party neutral, can help you
WHY MEDIATION?
Mediation, the use of a third-party neutral, can help you
“bridge the gap.”

7. IT’S THE LAW!
§ Negotiation impasses; Federal Service Impasses Panel
(a) The Federal Mediation and Conciliation Service shall provide services and assistance to agencies and exclusive representatives in the resolution of negotiation impasses. The Service shall determine under what circumstances and in what manner it shall provide services and assistance. (b) If voluntary arrangements, including the services of the Federal Mediation and Conciliation Service or any other third-party mediation, fail to resolve a negotiation impasse-- (1) either party may request the Federal Service Impasses Panel to consider the matter, or (2) the parties may agree to adopt a procedure for binding arbitration of the negotiation impasse, but only if the procedure is approved by the Panel.

8. A Mediator Can…. Clarify Issues Define problems Generate options
Explore alternatives
Keep talks moving
Make suggestions
Establish realistic expectations
Can help with your constituents
Can say things to the other side you can’t (or shouldn’t)

9. FMCS Mediation Resolve Impasse Improve Communication
Improve Relationships (FMCS uniquely positioned to help)
Positively Affect Conflicts in the Future
You will most likely see us again!

10. Mediation Techniques Ask Questions Listen Restate, Reflect, Reframe
Identify Interests
Identify Common Ground
Communicate Impartiality
Express Realistic Optimism
Explore Options
Objectively Explain Risks of FSIP Intervention

11. Avoiding Impasse
Come to mediation ready to justify your position and interests
Be prepared to demonstrate need for your proposal
Be prepared to show that your proposals will have a positive affect on modern and progressive work practices to facilitate and improve employee performance and the efficient accomplishment of the operations of the Government
Don’t forget to think about, document, and present the costs and benefits of the proposals