Issue 12

September, 1996

FMCS Regional News

NORTHEASTERN

REGION

by Kathleen Murray-Cannon and Joanne Milhausen

Congratulations to Commissioner Timothy Germany (New York) for his award from the U.S. Marine Academy. The Academy held an Awards Night to honor those who have contributed to the Academy's mission. Commissioner Germany was singled out for his work in helping to establish and maintain the Partnership Council formed by the Academy and its several unions.

In addition to receiving awards, Commissioner Germany has been busy with Federal Sector training. He presented a program on Communication and Problem Solving to the Region 1 staff of the Federal Trade Commission and AFGE 3232. Participants included attorneys and support staff. He has also recently completed a one-day Partnership Training with the U.S. Army Engineer Division North Atlantic and the International Federation of Professional and Technical Engineers Local 90, as well as a two-day Interest Based Negotiation training with Local 98 of the same training to the Department of Energy Environmental Measurements Lab and AFGE 2828. The training focused on "Problem Solving and Team Building" and was particularly timely in that some unexpected restructuring of the lab occurred during the few days prior to the training.

Congratulations are also due to Commissioner Ira Lobel (Albany) on the recent publication of his article, "Successful Regulatory Negotiation," published in the Dispute Resolution Journal.

Commissioners John Knight (Albany) and Lobel provided Interest Based Bargaining training to several teachers groups in Vermont. Approximately 40 representatives from both management and the Vermont Education Association attended the training sessions with an eye toward learning both the benefits and the pitfalls of the IBB process.

Commissioners Gerry Gomez and John Martin (Boston) continued work on partnership training with the Defense Logistics Agency and AFGE, NAGE and NFFE by conducting joint steward/supervisor training in Boston. The training covered such topics as the role of the supervisor and steward, communications skills, grievance administration and Interest Based Bargaining. Training was also held in the Hartford area with Commissioner Gomez and Commissioners Larry Gloeckler, Bill Hannon and Tom Carroll (East Hartford) addressing the same issues with the Hartford area DLA staff. These programs complete the work done with DLA since April of 1994 and has encompassed training for over 300 participants.

Commissioner Paul Chabot (East Providence), DMS Jack Sweeney (New York) and Commissioner Gomez recently completed training with Providence Gas Company and its new clerical union represented by the Steelworkers. This training is unique in negotiations on their initial contract. The program focussed on training in traditional bargaining with some exposure to Interest Based Bargaining as well. Commissioner Chabot has also recently completed an Interest Based Bargaining program in Narragansett for the Environmental Protection Agency and NAGE.

Commissioners Hannon, Gloeckler, Gomez, Chabot and DMS Sweeney completed four days of training with Kaiser Permanente and OPEIU in Connecticut. The training concentrated primarily on foreman/steward issues, and was attended by 40 representatives of labor and management.

Commissioners Jim Hermans (Boston) and Gomez completed two days of training with the Boston office of the Veterans Administration. The training was provided to 15 selected candidates who will act as ADR mediators to handle non-contractual disputes at the facility. This is a pilot effort to resolve problems at the informal stage with FMCS offering grievance mediation if the issues become formalized.

Historic negotiations are taking place in Boston concerning the merger of University Hospital, a private facility, and Boston City Hospital, a public hospital. Negotiations are underway with the facilities and 3 unions, representing 5 different locals and 4000 employees, to reach a new initial contract under the merged facility. The different issues faced by the merger of such different facilities result in a complicated negotiation that had been ongoing since June. Commissioners Gomez, Martin and Jim Foss (Boston) continue to meet separately and jointly with the parties in an attempt to reach an agreement.

Health care negotiations have also been a priority in New York this year. With the nurses' contracts all expiring this past year, the mediators in the New York office have been busy with agreements reached at St. Luke'/Roosevelt, St. Vincent's Hospital, and Staten Island University Hospital, to name a few, as well as most of the major hospitals in Long Island. Several agreements are still pending, most notably at Columbia Presbyterian, where nurses have recently completed a one-day strike. Key issues in these negotiations have been job security and flex time; this is a reflection of the changing face of health care in New York.

Several meetings have been held between FMCS and the state of Maryland to assist them in setting up a Partnership program. This is in accord with the Executive Order allowing 41,000 state employees to organize. This program is in the beginning stages and assistance is being rendered by Regional Director Tom O'Brien, DMSs Cliff Suggs (Cleveland) and Scott Blake (Philadelphia), and Commissioners Jack McDermott (Trenton), John Gabrick(W. Trenton), Walter Bednarczyk (Philadelphia), and Leo Gant (Baltimore).

A partnership agreement between our agency and Pennsylvania State Mediation is in the final stage of development. This unique Labor-Management training program will provide the State Mediation offices the opportunity to train their clients and mediators with our assistance. Crafting was enhanced by the efforts of former Deputy Director Floyd Wood, Regional Director Ken Kowalski (New York), DMS Blake, and Commissioner Dan LeClair (Harrisburg). The final agreement will be signed by Director Wells and Governor Tom Ridge.

Commissioners McDermott and Gabrick have established the Southern New Jersey Food Industry Council which affect 35,000 food industry employees.

DMS Blake has been actively attending the ATU Labor-Management program as a trainer and facilitator. He is teaching Labor-Management Cooperation and how to set up an LMC. The meetings will take place in Miami, Chicago, Pittsburgh and Seattle.

The 19th Annual Arbitrator's Symposium was a chance for all the attendees to give Commissioner McDermott a testimonial luncheon and lavish him with praise for the continued success of the program during the many years he hosted the event. Nora McDermott was also there to celebrate with Jack.

DMS Blake has participated with AT&T (now Lucent Technology) in facilitation of their Workplace of the Future program. Commissioner Harry Aikens (Harrisburg) and Tom Yurish (Allentown) are intensely involved in a Steward/Supervisor training program with Lucent Technology in Reading, PA.

Commissioner Tom Washington (Philadelphia) and DMS Blake attended the Philadelphia Businessman's Prayer breakfast last month. The annual event hosts 3,000 members each year.

Commissioner Don Waldron (Syracuse) received an Appreciation Award from the Local Unions of the United Steelworkers of America for his dedication and willingness to provide help above and beyond the requirements of his position.

Joanne Milhausen (Philadelphia) spent a week in the Cleveland Region assisting in the backlog of case work.

A recent dispute between the Pennsylvania Horsemen's Association, an association of horse owners, and Philadelphia Park, operators of Philadelphia Park Race Track landed on the desks of Commissioners Gabrick and Bill Gullifer (Philadelphia), in spite of the fact that no labor union was directly involved in the dispute. However, anything less than an agreement between the parties would have resulted in approximately 3,000 union employees being out of work.

With the assistance of Gabrick and Gullifer, the parties reached an agreement, thus avoiding a shut-down of the facility.

RD Kowalski and DMS Blake have held two staff meetings in the past month to update mediators on the implementation and advancements in the agency. We have made every effort to bring them current in the changing needs and requirements as outlined by Director Wells.

Our Allentown field office has relocated to Wilkes-Barre, Pennsylvania in an effort to better serve our customers.

The Northeast Region will host its first regional conference during the week of September 9th - 13th in the Pocono mountains.

MIDWESTERN REGION

by Cliff Suggs and George Buckingham

Commissioners Rick Terpinski and John Wines accomplished an Interest Based Bargaining negotiation with the Electrical Contractor Employer Group and the IBEW in Toledo covering a bargaining unit of 1400.

Commissioners Eddie Jones and Jack Buettner delivered partnership training for the EEOC and AFGE.

Commissioner Steve Loeffler assisted in reaching agreements at both Mead Corporation and at Lockheed Martin, both are large bargaining units. Lockheed-Martin had dragged on for years.

The first pilot program of "Putting It Back Together" was done at WCI Steel-USA by Commissioners Tom Mick and Buettner.

Commissioner Dennis Celenica successfully mediated Walker Systems-IAM in five meetings making the move from a traditional work system to a "Kaizen" model. The task included reducing 53 job classifications to five.

DMS Cliff Suggs (Buffalo) recently helped conclude talks between Strong Memorial Hospital and SEIU 1199 in Rochester, New York. This hospital employs 13,000 workers and provides the major share of health care in the Rochester area. After 26 joint meetings and over 300 hours of negotiations, Cliff was able to bring closure with a mediator's proposal.

Commissioners John Pinto and Bob Ditillo (Pittsburgh) assisted West Penn Power (B.U. 1,200) and UWU 102 to a recommended agreement using an IBB process. This kept Electrical Power flowing for millions of consumers in Western PA., thus saving TV reception of the Olympics.

Also in Pittsburgh, Commissioner Pinto proved that he was not simply a "TV Couch Potato." Through his efforts, settlement was reached between the Pittsburgh Ballet and AGMA thus averting a strike and the possible cancellation of the Ballet Season. "The significance of this case is that the union had plans to commence their strike at the beginning of the second performance of the Nutcracker," John said. "It would have been a devastating blow had the strike occurred because my wife had purchased tickets to that performance." (Ah, motivation!)

Commissioner Jim Statham (Detroit) continues his involvement with what may be the nation's longest and most contentious work stoppage. The Detroit newspaper and their unions now in its second year. Asked for a comment on this situation Jim commented, "No comment." Meanwhile, Commissioner Bob Robb (Detroit), the third senior mediator in time of service, was asked to intervene when talks between Coca Cola and the Teamsters broke down after two tentative agreements were rejected. Bob was able to assist in drafting an agreement that prevented a work stoppage. In comparing his assignment with that of officemate Jim Statham, Bob said, "Everybody knows that things go better with Coke."

Commissioner Kevin Powers (Buffalo) was assigned to monitor and mediate the National Aluminum Manufacturing Association negotiations with USA, IAM and ABWA. These talks covered workers across the country. Kevin met separately with each of the "Big Three." A new National Agreement was reached by the entire industry. When asked about his involvement Kev responded, "I didn't do anything special--I just threatened them with mediation."

Commissioners Bill Gill (Grand Rapids) and Dan Curry (Kalamazoo) continue to make the presence of FMCS felt in the labor-management community of Michigan outside of Detroit. Dan recently help coordinate a very successful Kalamazoo Labor-Management Conference and Bill has been credited with the settlement and prevention of several work stoppages. Their combined response to our inquires: "No one seems to notice what we're doing, we're out here doing our jobs and making a difference." Hey, guys, we noticed.

Commissioner Julia Greer (Detroit) has traveled to New Mexico and Florida for further education in Peer Mediation." Commissioner Bob Ditillo (Pittsburgh) will soon be joining the Foreign Travel Team to Ecuador. Commissioner Pat Dean (Saginaw) was drafted to assist in a nurses dispute in Toledo, Ohio. Commissioners Jim Hatchett and Maurice Chagnon (Detroit) were successful in a partnership training with the NLRB in Detroit.

SOUTHERN REGION

by Richard Barnes

In April, Director John Calhoun Wells asked Regional Director Richard Barnes and Commissioner Ed Sedelmeier (Knoxville) to bring negotiation teams from the Lockheed/Martin Aeronautical Systems Company and the International Association of Machinists and Aerospace Workers (IAM) to FMCS Headquarters in Washington, DC in an attempt to prevent more than 4,000 highly skilled workers from walking the picket line, halting production of important transport aircraft.

After three days of intense bargaining, the parties were able to resolve outstanding issues. A tentative agreement was reached which carried a unanimous recommendation from the union committee, and was subsequently ratified by the IAM local. As a result of the overwhelming approval by the union membership, aircraft production in Marietta, Georgia and its feeder plants continued without interruption and vital foreign sales did not suffer from delivery delays.

Commissioner Richard Horn had the honor of presenting the first Charlie Riley Award at the St. Louis IRRA Conference in May. The award, named in honor of FMCS Commissioner Charlie Riley who passed away last year, is presented to the person most dedicated to the labor-management field in the St. Louis Metroplex area. This year's recipient was Tom Kraus, Business Manager for the IBEW Local 1439. Sadly, Mr. Kraus passed away before the conference. His wife and children accepted the award in his memory.

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 our training team has 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, Commissioners Richard Giacolone and Gary Hattal have facilitated the monthly meetings of the Partnership Council and 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 helped the parties in enhancing their professional relationship and their overall effectiveness.

After 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.

UPPER MIDWESTERN

REGION

by Maureen Labenski

The mediation of a highly political land use dispute leads the news from Region 4. In May, U.S. Senator Paul Wellstone asked FMCS to facilitate a multi-party dispute resolution process on long-standing, unresolved issues regarding the use of the Boundary Waters Canoe Area Wilderness (BWCAW) and Voyageurs' National Park (VNP).

The BWCAW is one of a few water-based wilderness areas in the National Wilderness Preservation System. It encompasses 1,300,000 acres along the Minnesota-Ontario border and has over 1,175 lakes, 1,500 portages, 183 miles of hiking trails and 2,000 campsites. It is the most heavily visited wilderness area in the U.S. Motorboats are restricted to all or parts of two dozen lakes. Nearby is the 200,000 acre VNP. This area allows snowmobiles, motorboats, houseboats and seaplanes.

This dispute is almost a century old. In 1978 the passage of the Boundary Waters Canoe Act, restricting motor use, was a major factor in voter anger that led to what was called the "Minnesota Massacre". Democrats lost the Governor's office, both U.S. Senate seats and control of the House. There have been subsequent lawsuits, one of which went up to the U.S. Supreme Court and closed three portages to motorized vehicles. In 1996 the debate has heated up again with several opposing bills introduced in Congress.

A mediation team headed by DMS Scot Beckenbaugh (Minneapolis) and including Commissioner Steve Lucht (Minneapolis), Commissioner Ed Sedlmeier (Knoxville) and Diane Liff (National Office) is currently completing the convening process. In response to the public notice of mediation, we received over 225 responses from interested parties. The team has conducted about 100 interviews and will soon issue the convening report, drafted by Diane Liff, identifying the negotiating committee and a preliminary set of issues. Dave Helfert (National Office) has led an intensive public information effort directed toward building understanding and support for the mediation process. Director John Wells, Deputy Director Wilma Liebman and Regional Director Maureen Labenski have testified regarding the mediation process at two Senate hearings on the proposed legislation. A recent Star Tribune/WCCO-TV poll found that "most Minnesotans favor using federal mediators, rather than Congress, to resolve the fight over how Voyagers National Park and the Boundary Waters Canoe Area Wilderness are managed."

Several significant labor management disputes have been resolved recently with the help of Region 4 mediators:

Commissioner Dick Klimek (Chicago) helped the Northern Illinois Mason Contractors Association and 5,000 Bricklayers settle a week-long strike that shut down 1,400 construction projects in the Chicago area.

Commissioner Tom Henry (Indianapolis) worked intensively with representatives of Trailmobile Company and the UPIU to reach an agreement that ended the five-month lockout of 1,100 UPIU members in Charleston, Illinois.

Commissioner Lloyd Freilinger (Des Moines) successfully mediated tough negotiations with Frigidaire and the UAW, representing 1,200 employees, in Webster City, Iowa. The Twin City Hospitals have continued the use of Interest Based Bargaining with SEIU in negotiations representing 3,780 service and maintenance workers and 750 LPNs.

Commissioner Jeanne Frank (Minneapolis) has provided training and facilitation to help these parties manage a rapidly changing health care environment. As a result of success in these high profile negotiations, FMCS was selected from a field of three service providers to facilitate upcoming negotiations with a major Twin Cities HMO.

Highlights of our preventive mediation activity include a two day national training program for General Mills (cereal division) and the American Federation of Grain Millers. Over seventy labor and management leaders from six locations, participated in the relationship building process. Commissioner Alan Langohr (Minneapolis) led the FMCS team composed of Commissioners Steve Lucht (Minneapolis), Jim Schepker (Chicago) and Kevin Powers (Buffalo). Director John Calhoun Wells was the keynote speaker. Subsequent to this national training, Chicago mediators facilitated resolution of a major dispute at the West Chicago plant which centered on work schedules that were in conflict with the six-day work week law. The resolution addressed impact on production and employee overtime opportunities.

Commissioners Gary Lisiecki, Ron Sweet and Mary Hosford (Milwaukee) conducted a series of one day overviews of Interest Based Bargaining for over 700 supervisors and bargaining unit members on three shifts for the Waukesha Engine Company and the IAM. Both parties requested the overviews for the entire plant to help gain understanding and support for the new approach to bargaining.

Mediators report that their outreach efforts have been well received by current and potential FMCS customers. There are numerous examples of our services being requested following outreach meetings. Kellogg Co. and AFGM invited us to conduct steward-supervisor training at their Nebraska facility (865 b.u.) after meeting with Commissioners Lloyd Freilinger (Des Moines) and Kent Frazer (Omaha). Consolidated Papers, Inc. and four unions (UPIU, IAM, IBEW and PPF) representing over 1,000 employers have asked us to provide extensive training from OJLMI through PIC and IBB to restructure their relationships. Commissioner George Vogl (Green Bay) led the team of Green Bay mediators in this outreach initiative.

Other significant activities include Maureen Labenski's speech to the American Nurses Association Convention in Washington D.C. and Mary Hosford's presentation to an international audience assembled by the World Bank to examine cooperative labor management relations in the U.S. Accompanying Mary, was a panel from John Deere Co. and the IAM from Horicon, WI with whom she has worked extensively.

FMCS and the University of St. Thomas were pleased to co-host the July meeting of the National Partnership Council. Presentations were made by the Metropolitan Hospitals' Labor-Management Council and the VA Des Moines, AFGE and Iowa Nurses Association.

WESTERN REGION

by Pam DeSimone and Lynda Wehling

Commissioner Connie Weimer (Portland) trekked North to Alaska's Fairbanks School District. She helped district officials and the NEA-Alaska folks resolve their differences steeped in local politics and acrimony. Connie did such a good job that NEA reps want her to go to Kenai to help with a similar dispute.

Commissioner Joel Schaffer (Oakland) met with San Francisco Ballet. This labor-management group involved the usual issues of wages and hours but it also involved a recognition of the talents and longevity of the dancers within their art. Joel did a good job of helping them come to an agreement.

Commissioner Bob Crall (Oakland) has be meeting with Gilroy Foods, a central California food processing company and the IBT in the garlic capital of the world (they even have garlic ice cream) and is continuing to bargain with both sides. Their contract has been extended and Bob is actively involved. There are 1100 workers in the bargaining unit.

Commissioner Jerry Allen (Oakland) assisted Northern California Janitorial Services to reach and ratify a settlement in this highly unusual labor dispute. After talks broke down, the union selectively stuck various buildings where some of the eight employers had cleaning contracts. The strike was "rolling" throughout the entire East Bay area covering several counties. Issues were wages and family benefits as well as a training fund. Allen was able to keep track of this "road show" and help them reach a settlement.

Commissioner Jim Bailey (Seattle) helped the employees of the Seattle Zoo and the city (AFSCME) embark on a new problem solving relationship. Bailey met with them for a one day training session on how to use the IBB process to solve workplace difficulties. This is just one of the many departments in the city to utilize our agency to training their workers and managers.

Mediators have been pressing petal to the metal in 5B--a busy dispute year tied to high customer interest in our PM and ADR program's have resulted in weeks at a time without a single Commissioner in "OS" status.

Commissioner Phyllis Cayse (Los Angeles) worked long hours to get the Southern California Kaiser Hospital Foundation negotiations tied up, Commissioner Frank Allen (Los Angeles) shepherded the Southern California Bakery industry negotiations, Commissioner Jim Mahan (Denver) brought national attention to the Agency with the Grocery Strike in that region, just to name a few of the major cases which settled recently.

Commissioner Joe Medine (Long Beach) worked through a short strike by the ILWU and a Sealand subsidiary, drafting Director of Mediation Services Pam DeSimone to sub at a meeting when the L.A. County Court system wouldn't let him miss a day as juror in a trial.

PM cases include a tremendously successful RBO helmed by Commissioner Dale Johnson (Houston) teamed with Commissioners Mike Wolf (San Antonio), Kevin Buffington (Long Beach) and Reggie Bravo (Los Angeles). A symbolic act by AMOCO and the OCAW reflects the success of the Commissioners' work more than anything else could: they jointly hoisted the Company and Union Flag on the Company Flagpole. Commissioner Jack Bates concluded the San Onofre nuclear plant negotiations and reports Southern California energy will remain available.

Commissioner Hal Stookey asked Regional Director Jan Sunoo and DMS DeSimone to attend the kickoff his the newly reconstructed Sabine area Labor-Management Committee in Port Arthur, Texas. The group is comprised mainly of high-level oil company and union representatives.

Commissioner Lavonne Ritter (Las Vegas) continues work on her landmark project working with Bechtel Corp, the Department of Energy and the various unions at the Nevada test sight, organizing, training and facilitating work groups to look at a variety of issues facing that group. Commissioner Ritter is also Working with Commissioner Linda Gonzales (Los Angeles) on a creative employee involvement program with the Dodger organization and its unions. Commissioner Gonzales is piloting an program for the Los Angeles Community College district and its various unions. Commissioner Ken Kawamoto (Honolulu) generated a federal sector project with the USDA which will generate work not only for himself, but some mainland mediators as well.

On the ADR front, Commissioner Kurt Saunders (Denver) got a big EEO settlement for the Department of Energy, Commissioners Mike Durick and Mahan are wrapping up a big Bureau of Land Management Multiparty dialogue around natural resource use, and Commissioner Bev Reinhardt (Seattle) joins Commissioners Ron Collatta (Phoenix) and Pete Cinquemani (Tucson) on a major Multiparty negotiations for the Bureau of Reclamation in the Southwest.

Reinhart will become a permanent part of the Phoenix office November l, having successfully bid that opening, but having agreed to help DMS Doug Hammond train his new mediators before heading for warmer and drier climes.

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