The Federal Mediation and The Federal Mediation and Conciliation ServiceConciliation Service

Commissioner Rich Giacolone

The Role of FMCS

Statutorily created by Taft-Hartley Act in 1947 (DOL Commissioners 1913)

Prevent/minimize interruption of interstate commerce resulting from labor disputes through mediation

Provide Alternative Dispute Resolution Services

3

FMCS Mission

Advocating collective bargaining, mediation and voluntary arbitration as the preferred process for settling issues between employers and representatives of employees,

Developing the art, science and practice of conflict resolution,

4

FMCS Mission

Promoting the development of sound and stable labor-management relations,

Preventing or minimizing work stoppages by assisting labor and management in settling their disputes through mediation,

5

FMCS Mission

And fostering the establishment and maintenance of constructive joint processes to improve labor-management relationships, employment security and organizational effectiveness.

Organizational Structure

Federal Agency Director appointed by the President Five Regions; 70+ Field Stations; 200

Federal Commissioners of Mediation Regional Director & 2 Directors of

Mediation Services National Office in Washington,DC

FMCS Services Dispute Mediation Preventive Mediation Labor-Management Grants Alternative Dispute Resolution International Programs Arbitration Services FMCS Institute for Conflict

Resolution TAGS (Technology Assisted Group

Solutions)

8

FMCS Dispute Resolution Mediating disputes in contract

negotiations between employers and unions representing employees.

Mediating disputes in grievances between employers and unions representing employees.

9

FMCS Dispute Resolution

Voluntary Collective Bargaining

Private Sector Federal Sector Public Sector

State County Municipality

Grievance Disputes Alternative resolution

through mediation prior to arbitration.

10

FMCS Preventive Mediation

Training labor and management in cooperative processes

Help labor and management break down traditional barriers

Helping labor and management build better working relationships

Strategies to prevent work stoppages

11

FMCS Labor-Management Grants

Funding New Approaches to Labor Management Cooperation

Expanding Labor-Management Committees

Educational development

Advancing Cooperative Skills

12

FMCS Alternative Dispute Resolution Training and system design in dispute resolution. Providing dispute resolution assistance without:

Courtroom litigation (ADR Act 1990, reestablished in 1996)

Agency adjudication Regulatory Negotiations / Public Policy Issues

Bureau of Indian Affairs Department of Transportation Boundary Waters Access Board HUD Hope VI

International Programs Technical

assistance in conflict resolution

Training and System design programs

Showcasing experiences

14

FMCS International

Sharing the U.S. mediation experience and Learning from other Nations Teaching new methodologies of

collective bargaining (IBN) Opening the door to international labor

management cooperation Exchange Programs (Republic of

Ireland)

15

FMCS International Mexico Indonesia Korea Brazil Argentina Chile Uruguay Panama Bulgaria Taiwan Germany Spain South Africa Bosnia

16

FMCS Arbitration Services

Final step in resolution processes

Collective Bargaining Qualified Arbitrators Computerized roster

by: Geographic location Professional affiliation Occupation Industry experience

FMCS Institute for Conflict Management Courses open to the public Offering a different training

environment Training with practitioners

Arbitration Offerings Negotiations Skills Training Mediation and Facilitation Skills

Training Facilitation Using TAGS

“Group Problem Solving & Decision Making Tools”

Different-Different

Same-Different

Different-Same

Same-Same

Solve Problem s Leadership M eetings

Organizational Change International

Public Policy Disputes RBO W orkshops

Joint training Reg-Neg

Strategic Decision M aking Elections

M O BILE SYSTEM S

New ark Cleveland

Partner Partner

Las Vegas

Oakland

M inneapolis

Atlanta

W ashington, DC.

CO NFERENCE CENTERS

Surveys Pre-M eeting Prep

Reports Rem ote Collaboration

Docum ent Sharing Distance Learning

Evaluations

Distributed

Real Tim e M eetings

INTERNET ACCESS

Sample Cases

Labor Disputes   Iron Mountain Records & IBT NLRB & NLRBPA Rhode Island Board of

Education & AFT Levy Food & HERE Garrettville ISD & OEA Navy & Firefighters

Improve Relationships Westvaco & GCU CSU and CSEA LMC

ADR Work Laborers Tri-Fund Needs

Assessment IRRA Nat’l Conferences SPIDR UPL Issue City of Palm Beach

NACA and Building Trades AFSCME Council Election Fort Lauderdale Northeast

High School violence survey Teach students and faculty

Cornell ILR Extension Harvard Kennedy School University of Texas - Austin

4th Circuit Court of Appeals EEO case

Internal Mediator Credentialing 2000 Strategic Plan Internal Partnership Core Competency Inventory

Supplement, not eliminate conversation, discussion, humor

Use 30-50% of meeting 4 or 104 participants (face-to-face,

remote) Participant training not required

For more information contact FMCS at www.fmcs.gov