1. Implementing EO13522: How FMCS Can Help Your Forum Succeed Implementing EO13522: How FMCS Can Help Your Forum Succeed NFFE/IAM Region 5 Forest Service Council Labor/Management Symposium Reno, NV - October 27, 2010 Allison Beck, Deputy Director Federal Mediation and Conciliation Service Washington, DC abeck@fmcs.gov

2. TODAY’S GOAL 1. Introduction to FMCS 2. FMCS Federal Sector Work 3. FMCS and EO 13522 4. FMCS Forum Implementation 5. Case Study: NCUA + NTEU

3. FMCS History  Pre-1935 and Wagner Act  Great Depression  Millions out of work  No legal right to organize or bargain  Enormous economic instability

4. Wagner Act 1935  Collective bargaining best means to:  Foster economic recovery  Build lasting prosperity  Facilitate “a partnership between industry and labor in the solution of national problems ”

5. Taft-Hartley Act 1947  Created FMCS to  Mediate workplace disputes  Prevent strikes  Promote stable L-M relationships

6. FMCS Mission Expanded  Civil Service Reform Act (1978)  Resolve federal sector labor disputes  LM Cooperation Act (1978)  Facilitate LM Committees

7. FMCS Today  In private and public sector:  Mediate disputes  Promote collective bargaining  Encourage stable LM relationships  Facilitate LM committees

8. FMCS Federal Sector Services  LM dispute resolution  Employment mediation  Training  Systems design  Interagency cooperation/collaboration  Regulatory negotiations

9. Examples of Agencies Served  HHS  DHS  DOT  USDA  HUD  Commerce  IRS  Postal Service  Marine Corps  DOD  State  USAID  EPA  FBI

10. EO 13522: A New Challenge! 1.Establish “labor-management committees … to help identify problems and propose solutions to better serve the public and agency missions.” 2.Allow pre-decisional involvement in all workplace matters to the fullest extent practical 3.Implement permissive bargaining pilots How Can FMCS Help You?

11. This Is What We Do! 1. Collective Bargaining Mediation 2. Grievance Mediation 3. Relationship Development & Training 4. Arbitration Services 5. Outreach 6. LM Committee Grants Program 7. Employment Mediation (ADR) 8. International Training & Exchange 9. FMCS Institute for Conflict Management

12. FMCS and EO 13522  Outreach to OPM  Collaboration with FLRA OGC  Developed 2-day training program  Day 1: FLRA rights and responsibilities  Day 2: FMCS intro to forum/relationship development  May-Sept: 16 regional programs  Agency-specific programs (15 + ongoing)  (b)(1) bargaining pilots  Forum facilitation  Relationship development!

13. FMCS Relationship Development Training Programs (RDT)  LM Committees/Partnerships  LM Worksite Committees  Partners-in-Change  Relationship-by-Objectives  IBB/Problem Solving  Committee Effectiveness Training  Putting It Back Together  Facilitation

14. Ex: Labor-Management Committee Training  Promote regular communication  Promote joint understanding of problems  Promote decision-making that reflects interests of all parties

15. LMC Training Objectives  Understand benefits of joint committee  Develop mission for joint committee  Develop planning strategy for committee  Learn group interaction techniques:  Communications and active listening  Consensus decision making  Problem solving  Interest based bargaining/problem solving

16. LMC Measures of Success  Top level support from both sides  Guidelines governing: commitment, structure, size, meeting organization and scheduling, agenda development  Demonstrate support: meet regularly, adhere to agenda, start with easier issues  Limit destructive behaviors: gripe sessions, denigrating importance of issues

17. Ex: FMCS Facilitation Training  Convey knowledge, skills, attitudes needed to facilitate group processes  Learn skills needed to manage LMC  Understand working styles, personality, behavior types  Learn to plan/facilitate effective meeting  Train in-house facilitators Build Internal Capacity!

18. Ex: Committee Effectiveness Training Task Functions:  Effective planning + meetings  Group problem solving  Consensus decision making  Communications w/constituents Maintenance Functions:  Understanding self and others  Interpersonal skills  Group dynamics + shared leadership

19. Consensus Decision Making Module  LMC decides by consensus not voting  Process for LM problem solving  Everyone in group has been heard  Open discussion & sharing information  Everyone can live with and support decision even though it may not be their first choice

20. Consensus Decision Making Module METHODS  Imposed by Authority or Power  Majority Vote  Negotiation  Consensus RESULTS  No Feedback (Assumes Leader Knows Best)  Splits Group  Compromise  Full Support 4

21. nDecision has been reached by all group members nCreativity nAll group members are engaged, providing commitment to and satisfaction with the process nPost decision ownership and support nAcceptance by constituents will be strong nImplementation should be unopposed nEncourages respect, cooperation, listening and information sharing Consensus Decision Making Module: Benefits of Consensus Benefits of Consensus 5

22. Consensus Decision Making Module: Guidelines for Decisions  Don't agree too quickly  Share information and ideas  Listen to others  Be open to ideas of others  Offer alternatives 8 n Don’t trade or bargain n Don’t vote n Treat differences as strengths n Create a solution that will be actively supported by everyone n Test for consensus

23. Consensus Decision Making Module: Meeting Design n Round tables and mixed seating n Common understanding of the issue n Agreed upon consensus guidelines n Practice testing for consensus n Initial use of facilitator 15

24. Consensus Decision Making Module: Has Consensus Been Reached? “ Since nobody’s saying anything, I guess we have consensus.” “I don’t particularly agree, but if that is what the team wants, I won’t stand in the way.” “Everybody in the group seemed comfortable, so I guess that’s what they’ve decided.” 9

25. Can Everyone Live With The Decision? Has Everyone Been Heard? Will Everyone Support the Decision? CONSENSUS IS REACHED WHEN YOU CAN ANSWER…YES: 10

26. Consensus Decision Making Module: Summary of Consensus Benefits  Commitment  Ownership 17  Creativity  Satisfaction

27. A Case Study: NCUA + NTEU Forum  National Partnership Agreement signed by NCUA Chairman + NTEU National President  Regular meetings: LMF + (b)(1) pilot  Neutral location (FMCS) w/ facilitator  Agenda in advance  Much information sharing  Q & A welcomed + encouraged  On-going commitment to training

28. FMCS Services for Forum Success  Forum Design:  Membership  Structure  Ground rules  Logistics  Resources  Forum Functioning  Forum Functioning:  LMC, CET, RDT  Facilitation  IBB/Problem Solving  Consensus  Brainstorming  Communications LET US HELP YOU SUCCEED!