PREVENTIVE MEDIATION

In the changing workplace and economic environment, the role of mediators is evolving. We are more than the "firefighters" who come in at the last moment to assist the parties in resolving a contract dispute. Frequently now, we come in earlier to provide facilitation and training to both sides in more effective bargaining and communications, joint problem solving and innovative conflict resolution methods. Increasingly, we offer a broader range of services to respond to changing customer requirements.

These "preventive mediation" services, which are basically collaborative union-management processes designed to achieve win-win outcomes, are not as well known as our dispute mediation services, but are equally important.

San Francisco Hotels/HERE, SIEU

What began as a ground-breaking agreement between a San Francisco multi-employer group representing 12 area hotels and employees represented by two unions, Hotel Employees and Restaurant Employees and Service Employees International Union, has become a model for improved labor-management relations. The hotel group, representing unionized properties including the Fairmont, Hyatt Regency, Grand Hyatt, Four Seasons, Westin, St. Francis and Sheraton Palace, joined with the unions in winning the first FMCS labor-management grant ever awarded within the hospitality industry.

Long plagued by confrontational relations between the hoteliers and their 4,200 unionized employees which made the hotels less competitive, the $100,000 FMCS grant funded creation of a joint labor-management committee. The committee adopted a five-year, "living contract," under which representatives of the parties meet monthly to iron out disagreements and address problems.

The group recently completed a team-building and problem-solving training program conducted by FMCS mediators. The number and cost of grievances has also been cut dramatically since the joint committee was formed. The previous grievance and arbitration procedure was scuttled in favor of a grievance mediation system which allows problems to be handled at a much lower level in the process. The labor-management committee also became a catalyst for aggressive employee training, which both parties believe gives the properties significant competitive advantage.

" I guarantee you that it is going to be used by the (San Francisco) Visitors and Convention Bureau and our hotels to make a difference when competing against Chicago, New Orleans, New York and other convention cities," said Chuck Floyd, general manager of the Grand Hyatt Hotel and president of the multi-employer group.

Butler Manufacturing/United Steelworkers

Butler Manufacturing, with plants throughout the United States and Europe, produces steel building frames and components. Many Wal-Mart stores are constructed with Butler frames, panels and roofs. In 1989, negotiations between Butler's Galesburg, Illinois, facility and its United Steelworkers of America (USA) local union resulted in a month-long strike and bitter aftermath, including unfair labor practice complaints and a law suit.

In 1992, the union and company approached FMCS for assistance in improving the relationship. Interest-Based Bargaining (IBB) training was provided, and the parties used the process throughout their negotiations. The new agreement was concluded two months prior to contract expiration.

In 1993, Butler and the Steelworkers again approached FMCS with the question, "What can we do to go beyond IBB?" A Partners-In-Change (PIC) seminar was conducted, and the parties agreed to 13 objectives for positive change. To date, 11 of the 13 have been accomplished, and at a follow-up meeting in 1995, an additional nine objectives were identified and are now in progress.

Among the objectives from the original Partners-In-Change seminar was creation of a labor-management committee (LMC). FMCS has provided assistance, the LMC is functioning, and among its accomplishments are redesign of the overtime call-in procedure, an on-the-job training program, a new employee training/orientation program and a flex time schedule. All of this occurred in a year and a half.

In June 1995, FMCS again provided IBB training to Butler and its USA local, and the process is currently in use.

In 1989, there were 500 people in the Galesburg plant bargaining unit. Today, there are over 750.

The City of Seattle/Various Municipal Unions

Many of the 12,000 employees of the city of Seattle, Washington are represented by 33 different unions under the terms of 20 collective bargaining contracts. In early 1995, the office of the Mayor and the employee unions embarked on an ambitious program to provide employees in the various municipal departments with the opportunity to make decisions affecting their working conditions. A Citywide Involvement Committee was established to provide guidance and oversight to ten separate departmental employee advisory committees.

The committees were charged with "focusing on increasing the city's productivity, efficiency, quality control and customer service through creative brainstorming and information sharing," and "improving communications between all levels within city departments."

FMCS was asked to develop and deliver skills training to the committees to help them to achieve their objectives. Throughout the spring, FMCS mediators presented training in joint problem-solving techniques, communications, information sharing and consensus decision-making. To date, six of the ten committees have been trained, as well as 15 to 20 committee facilitators. The training for the remaining four committees has been scheduled.

FMCS continues to act as a resource for the committees as they go about their work.

Centers for Disease Control/AFGE

Following President Clinton's Executive Order 12871, the Centers for Disease Control and Prevention in Atlanta, Georgia, began a strategic approach to partnership implementation with four locals of the American Federation of Government Employees (AFGE). FMCS mediators assisted the parties in their system design, and provided a variety of training programs in Interest-Based Bargaining, facilitation techniques and relationship-building. This effort included CDC employees from Atlanta; Morgantown, West Virginia; Cincinnati, Ohio and Research Triangle Park, North Carolina.

To date, the partnership has addressed projects on, and developed plans for, Workplace Diversity, Career Mobility Programs and EPMS cash award distribution systems.

The parties were recently recognized at the sixth annual Georgia Labor-Management Conference for their Partnership initiative and cooperative efforts.

Preventive Mediation Program Data

(1) Preventive mediation involves the assistance of a mediator where a party or parties desires such help in improving the relationship during the term of the contract. Such assistance may include training, arranging labor-management committees, and special programs.

(2) Cases assigned to a mediator.

(3) Closed by a Final Report filed by the mediator.

(4) Public information involves a mediator meeting with various members of the public to discuss and/or explain the process of mediation.

(5) Cases assigned to a mediator.

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Last modified: February 09, 1998