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.

After years of adversarial dealings, Lukens Steel, Inc. and the United Steelworkers of America (USA), Local 1165 with a membership of 1,500, engaged in a contract dispute. This dispute led to a six month strike. With the aid of FMCS a new collective bargaining agreement was signed in January 1994, and the employees returned to work. However, the parties faced the task of negotiating some 3,500 leftover grievance and arbitration procedures, and more piling up at the rate of no less than 100 per month.

As a result of the negotiations, the strike and the grievance problem, the parties requested the assistance of FMCS. In the following two and a half year period, a team of three mediators led the parties through Relationship by Objectives training, Labor-Management Committee meetings and extensive grievance mediation sessions designed to train the parties on proper investigation, processing and presentation of grievances.

With the help of FMCS, Lukens Steel management and the USA Local 1165 officers negotiated and settled the current labor contract without a strike. The relationship between labor and management has improved dramatically. There is more respect for one another and issues are discussed without individual personalities affecting the discussion.

The Amoco-Texas City plant manager and the OCAW local chairman each led nine person teams in the RBO which was facilitated by a team of four FMCS mediators.

The early successes the parties have achieved were symbolized by a "bury the hatchet" ceremony and by flying the OCAW flag in front of the refinery.

The parties recognize that they will face many barriers, especially in the early stages of this process, but both parties have expressed a mutual desire to work through those barriers together and overcome them.

The Southern Nevada Labor Alliance is a collective bargaining agreement between the Bechtel Nevada Corporation and the Southern Nevada Building and Construction Trades Council, AFL-CIO and its affiliated unions.

In early 1996, Bechtel submitted a bid to the U.S. Department of Energy to manage the Nevada Test Site (NTS). A key factor in the Energy Department’s consideration of Bechtel’s proposal was a commitment to expand and improve the longstanding relationships between NTS contractors and employee unions through creation of the Alliance. DOE strongly supported the idea of including craft employees’ input into site operations as part of a new performance-based management contract.

The Alliance was actually formed in March 1996, and FMCS was asked to provide facilitation and training for continuous improvement committees, established as part of the agreement to evaluate major issues and develop processes and procedures to improve productivity, quality and work methods. An FMCS mediator provided training designed specifically to give the 30 committee members and Department of Energy Representatives necessary skills in basic interaction and problem solving. The mediator also facilitated the deliberations of three initial joint committees: Work Rules, Work Assignment Dispute Resolution Process and Communications. Training and facilitation for several additional continuous improvement committees was held.

As the date for transition of the Panama Canal gets nearer, FMCS plays a major role in the development of collaborative relationships with the Panama Canal Commission and the unions representing 8,000 employees. During FY 96 mediators assigned to the Southern Region have designed and presented programs in Partnership Awareness, Advanced Problem Solving Skills, Interest Based Grievance Handling and Basic Facilitation Skills. In addition to these training programs, FMCS mediators have facilitated the monthly meetings of the Partnership Council and, as a result, the partnership has successfully addressed issues concerning the Canal, its transition, and numerous conditions of employment both pre and post 2000. Meeting these objectives has assisted the parties in enhancing their professional relationship and their overall effectiveness.

After our successful work with the Labor Relations Department, FMCS has been requested to provide ADR services to the Canal Construction Division. Disputes arising between the Commission and contractors providing construction services are being targeted for mediation prior to the formal channels of litigation. A pilot program has been scheduled to begin in early August 1996.

Panama 2000 is the term that will be heard most often in the Republic during the next three years. The current Administration of Panama, opposition political parties, business and labor leaders, customers and other parties with interests in the Panama Canal have been involved in discussion groups convened by representatives of the United Nations. The focus of these talks is the future of the Panama Canal and its efficient service to the world’s shipping industry. FMCS has been approached by several members of this group to discuss assistance in designing a system of dispute resolution, training for a cadre of mediators and arbitrators, and providing mentoring services to these selected individuals. FMCS efforts will parallel the Panama Canal Commission’s in assisting the Panamanian Government in making 1999 a "seamless" transition.

The Veterans Affairs Medical Center located in Butler, Pennsylvania initiated a Federal Sector Partnership Program with the National Association of Government Employees (NAGE) Union Local R3-74.

With the assistance of FMCS, this 650 employee Medical Center embarked on a long term commitment of partnership activities. The cornerstone of this cooperative venture has been the Partnership Training Program developed and delivered by FMCS.