TSS Industrial Peace

Toward sound and stable industrial peace...

About FMCS

"It is the policy of the United States," Congress declared in 1947, " that sound and stable industrial peace and the advancement of the general welfare, health and safety of the Nation and of the best interests of employers and employees can most satisfactorily be secured by the settlement of issues between employers and employees through the processes of conference and collective bargaining," and further that, " the settlement of issues through collective bargaining may be advanced by making available full and adequate government facilities for conciliation, mediation and voluntary arbitration..."

This Labor-Management Act created the Federal Mediation and Conciliation Service, an independent agency of the United States Government, with a mission to "promote sound and stable labor-management relations," and to "minimize the effect of strikes and lockouts on the free flow of commerce" by providing mediation assistance in contract negotiation disputes between employers and their unionized employees. FMCS is neither a regulatory nor an enforcement agency. It provides services to the nation's labor-management community.

What is Dispute Mediation ?

In collective bargaining, Dispute Mediation is a voluntary process which occurs when a third-party neutral assists the two sides in reaching agreement in contract negotiations. Federal mediators have provided these services for fifty years, including initial contract negotiations, which take place between a company and a newly-certified union representing its employees.

In dispute mediation, FMCS mediators are in touch with both parties even before negotiations actually begin. The contact is triggered by the legally required notice of intent to open a collective bargaining agreement. During negotiations, effective mediators use knowledge of the parties and issues "on the table" to guide negotiators through potential deadlocks to a settlement which both sides can accept. Mediators may make suggestions, and offer procedural or substantive recommendations with the agreement of both parties. However, they have no authority to impose settlements. Their only tool is the power of persuasion. Their effectiveness derives from their acceptability to both parties, their broad knowledge and experience in the process of collective bargaining, and their status as respected neutrals.

Does using a mediator mean the negotiators have failed ?

Absolutely not. It means the parties to the negotiation are using a tried and true resource available to them to improve their bargaining, to create an environment in which people are more likely to listen. Mediation can add a lot to the bargaining before the final offers hits the table, or the parties hit an obstacle and progress is stalled. Mediation is an integral part of the collective bargaining process.

What can a mediator add to collective bargaining negotiations ?

The mediator can improve the bargaining process in a number of ways:

Help establish ground rules for the negotiations, and realistic expectations.

Help the parties decide what form of negotiation will be most effective in a particular situation; traditional, interested-based or a hybrid.

Help clarify and crystallize issues and differences. Mediators try to deal in the world of interests rather than positions. Frequently, the parties both want a similar outcome. They just have a different view of how to get there, or sometimes, they just phrase it differently. Often, their goals are separate, but not contradictory. When the parties understand the underlying interests that drive bargaining positions, they can identify and agree on matters that are not really in dispute and then focus on the real issues that separate them.

Help the parties define the problem. What is perceived as a personal or relationship problem may actually be a systems problem. Just as importantly, the mediator can help the parties fully explore and understand long and short-term alternatives to their proposed solutions. If there is no agreement on a particular issue, what happens ? If there is no agreement on a contract, what is the worst alternative ? What is the best alternative ? What are the costs of nonagreement or continued disagreement ?

Convene and adjourn bargaining sessions and joint meetings. An effective mediator knows when joint or separate meetings are productive and when they're not. They know that, sometimes, it's important to let the parties vent in joint meetings, and sometimes it's better to adjourn and give one or both sides time to regroup, reconsider or just cool off.

Help keep the talks moving along, focused and on track.

Generate new options. It's very natural for negotiators, who've been developing and living with contract issues, to "lock in" on one approach. The mediator, as a neutral third-party, can take a more objective view and suggest options that achieve bargaining aims more smoothly.

Help improve communication, which is usually the greatest impediment to successful outcomes. This can range from rephrasing statements so that all parties clearly understand what is being said and what is meant, to mediator "supposals." These supposals allow exploratory proposals to be offered for discussion by the mediator without ownership and attendant risk to either party. Mediators can also meet off the record with the parties, and they often engage in "shuttle diplomacy," moving back and forth between separate meetings of the parties carrying offers and counter-offers.

Provide or share information. When both parties have access to the same information, miscommunication and misunderstanding can frequently be avoided. Obviously, there might be information that one party considers proprietary and does not wish to share, but just as often, there is information that both parties can use to better evaluate the situation. And sometimes it's as simple as the mediator letting both parties know what's going on elsewhere in the country or in a particular industry that would be relevant to the negotiations.

Handle or help manage relations with the news media. Mediators understand the sensitivity of negotiations. They may ask the parties to refrain from making any statements to the news media while the talks are in progress, or at least, to avoid trying to negotiate in the press. At other times, the parties may ask the mediator to handle all press contact. The mediator can assess the impact of the negotiations on a community and decide what to say and what not to say.

Can the mediator be trusted with negotiating strategies and the bottom line on positions ?

Federal mediators have an absolute commitment to confidentiality in collective bargaining, based on their experience in the process before they become mediators. The critical importance of mediator confidentiality to the process has been upheld in the courts. Because federal mediators know that if their confidentiality with the parties or neutrality were ever compromised, they could not be effective, they do not convey information without the permission of its owner.

When should the mediator become involved in our negotiations ?

The mediator is involved from the time your contract notification is received by FMCS and the case is assigned. The real question is: how actively involved should they be. The answer is: as active as necessary to improve the bargaining process. More and more parties are asking the mediator to conduct pre-negotiation training for bargaining teams. This is particularly helpful in the negotiation of an initial contract between a company with no union experience and a newly-certified union.

What else can FMCS do to help the collective bargaining process ?

In today's highly-competitive global economy, workplace relations are changing. An important aspect of this is the changing labor-management relationships within those workplaces. There is a growing need for strong, positive working relationships between management and workers, so that U.S. companies and their employees can both succeed and prosper.

Since 1947, FMCS services have continued to expand by statute and practice. The Labor-Management Cooperation Act of 1978 authorized and directed FMCS to offer services to improve economic development, job security and organizational effectiveness. For companies and unions committed to, or exploring, improved labor-management relations, a variety of education and training processes and services are available to help break down barriers and build better working relationships which benefit employer and employee alike. Ask your FMCS mediator about Preventive Mediation services.

FMCS ORGANIZATION

FMCS mediators work out of more than 75 field offices around the United States, administered through five geographic regions. For more information, contact the FMCS Office nearest you.

National Office:

Federal Mediation and Conciliation Service
2100 K Street, NW
Washington, D.C. 20427
(202) 606-8100

Northeastern Region

One Newark Center, 16th Floor
Newark, NJ 07102
(973) 645-2200

William J. Green Federal Building
600 Arch Street, Room 3456
Philadelphia, Pennsylvania 19106
(215) 597-7690

Southern Region

401 West Peachtree Street, NW, Suite 472
Atlanta, Georgia 30308
(404) 331-3995

3452 Lake Lynda Drive, Suite 122
Orlando, Florida 32817-1472
(407) 382-6598

12140 Woodcrest Executive Drive, Suite 215
St. Louis (Creve Coeur), MO 63141-5013
(314) 576-1357

Midwestern Region

6161 Oak Tree Boulevard, Suite 120
Independence, Ohio 44131
(216) 522-4800

Upper Midwestern Region

Broadway Place West
1300 Godward Street, Suite 3950
Minneapolis, Minnesota 55413
(612) 370-3300

Elm Plaza, Suite 203
908 North Elm Street
Hinsdale, Illinois 60521
(708) 887-4750

Western Region

1100 Town and Country Rd, Suite 410
Orange, CA 92868
(714) 246-8378

Westin Building, Suite 310
2001 Sixth Avenue
Seattle, Washington 98121
(206) 553-5800

Federal Mediation and Conciliation Service

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,

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

Developing the art, science and practice of conflict resolution,

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

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Copyright © 1998 Federal Mediation and Conciliation Service
Last modified: February 09, 1998