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Implementing EO13522: How FMCS Can Help Your Forum Succeed NFFE/IAM Region 5 Forest Service Council Labor/Management Symposium Reno, NV - October 27, 2010. Allison Beck, Deputy Director Federal Mediation and Conciliation Service Washington, DC [email protected] TODAY’S GOAL.

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Implementing EO13522:How FMCS Can Help YourForum SucceedNFFE/IAM Region 5 Forest Service CouncilLabor/Management SymposiumReno, NV - October 27, 2010

Allison Beck, Deputy Director

Federal Mediation and Conciliation Service

Washington, DC

[email protected]


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TODAY’S GOAL

  • Introduction to FMCS

  • FMCS Federal Sector Work

  • FMCS and EO 13522

  • FMCS Forum Implementation

  • Case Study: NCUA + NTEU


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FMCS History

  • Pre-1935 and Wagner Act

    • Great Depression

    • Millions out of work

    • No legal right to organize or bargain

    • Enormous economic instability


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Wagner Act 1935

  • Collective bargaining best means to:

    • Foster economic recovery

    • Build lasting prosperity

    • Facilitate “a partnership between industry and labor in the solution of national problems”


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Taft-Hartley Act 1947

  • Created FMCS to

    • Mediate workplace disputes

    • Prevent strikes

    • Promote stable L-M relationships


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FMCS Mission Expanded

  • Civil Service Reform Act (1978)

    • Resolve federal sector labor disputes

  • LM Cooperation Act (1978)

    • Facilitate LM Committees


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FMCS Today

  • In private and public sector:

    • Mediate disputes

    • Promote collective bargaining

    • Encourage stable LM relationships

    • Facilitate LM committees


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FMCS Federal Sector Services

  • LM dispute resolution

  • Employment mediation

  • Training

  • Systems design

  • Interagency cooperation/collaboration

  • Regulatory negotiations


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Examples of Agencies Served

  • HHS

  • DHS

  • DOT

  • USDA

  • HUD

  • Commerce

  • IRS

  • Postal Service

  • Marine Corps

  • DOD

  • State

  • USAID

  • EPA

  • FBI


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EO 13522: A New Challenge!

  • Establish “labor-management committees … to help identify problems and propose solutions to better serve the public and agency missions.”

  • Allow pre-decisional involvement in all workplace matters to the fullest extent practical

  • Implement permissive bargaining pilots

    How Can FMCS Help You?


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This Is What We Do!

  • Collective Bargaining Mediation

  • Grievance Mediation

  • Relationship Development & Training

  • Arbitration Services

  • Outreach

  • LM Committee Grants Program

  • Employment Mediation (ADR)

  • International Training & Exchange

  • FMCS Institute for Conflict Management


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FMCS and EO 13522

  • Outreach to OPM

  • Collaboration with FLRA OGC

  • Developed 2-day training program

    • Day 1: FLRA rights and responsibilities

    • Day 2: FMCS intro to forum/relationship development

  • May-Sept: 16 regional programs

  • Agency-specific programs (15 + ongoing)

  • (b)(1) bargaining pilots

  • Forum facilitation

  • Relationship development!


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FMCS Relationship Development Training Programs (RDT)

  • LM Committees/Partnerships

  • LM Worksite Committees

  • Partners-in-Change

  • Relationship-by-Objectives

  • IBB/Problem Solving

  • Committee Effectiveness Training

  • Putting It Back Together

  • Facilitation


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Ex: Labor-Management Committee Training

  • Promote regular communication

  • Promote joint understanding of problems

  • Promote decision-making that reflects interests of all parties


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LMC Training Objectives

  • Understand benefits of joint committee

  • Develop mission for joint committee

  • Develop planning strategy for committee

  • Learn group interaction techniques:

    • Communications and active listening

    • Consensus decision making

    • Problem solving

    • Interest based bargaining/problem solving


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LMC Measures of Success

  • Top level support from both sides

  • Guidelines governing: commitment, structure, size, meeting organization and scheduling, agenda development

  • Demonstrate support: meet regularly, adhere to agenda, start with easier issues

  • Limit destructive behaviors: gripe sessions, denigrating importance of issues


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Ex: FMCS Facilitation Training

  • Convey knowledge, skills, attitudes needed to facilitate group processes

  • Learn skills needed to manage LMC

  • Understand working styles, personality, behavior types

  • Learn to plan/facilitate effective meeting

  • Train in-house facilitators

    Build Internal Capacity!


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Ex: Committee Effectiveness Training

Task Functions:

  • Effective planning + meetings

  • Group problem solving

  • Consensus decision making

  • Communications w/constituents

    Maintenance Functions:

  • Understanding self and others

  • Interpersonal skills

  • Group dynamics + shared leadership


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Consensus Decision Making Module

  • LMC decides by consensus not voting

  • Process for LM problem solving

  • Everyone in group has been heard

  • Open discussion & sharing information

  • Everyone can live with and support decision even though it may not be their first choice


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METHODS

Imposed by Authority or Power

Majority Vote

Negotiation

Consensus

RESULTS

No Feedback (Assumes Leader Knows Best)

Splits Group

Compromise

Full Support

Consensus Decision Making Module

4


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Consensus Decision Making Module:

Benefits of Consensus

  • Decision has been reached by all group members

  • Creativity

  • All group members are engaged, providing commitment to and satisfaction with the process

  • Post decision ownership and support

  • Acceptance by constituents will be strong

  • Implementation should be unopposed

  • Encourages respect, cooperation, listening and information sharing

5


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Consensus Decision Making Module: Guidelines for Decisions

  • Don’t trade or bargain

  • Don’t vote

  • Treat differences as strengths

  • Create a solution that will be actively supported by everyone

  • Test for consensus

Don't agree too quickly

Share information and ideas

Listen to others

Be open to ideas of others

Offer alternatives

8


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Consensus Decision Making Module: Meeting Design

  • Round tables and mixed seating

  • Common understanding of the issue

  • Agreed upon consensus guidelines

  • Practice testing for consensus

  • Initial use of facilitator

15


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Consensus Decision Making Module: Has Consensus Been Reached?

“Since nobody’s saying anything, I guess we have consensus.”

“I don’t particularly agree, but if that is what the team wants, I won’t stand in the way.”

“Everybody in the group seemed comfortable, so I guess that’s what they’ve decided.”

9


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Has Everyone

Been Heard?

CONSENSUS IS REACHED WHEN YOU CAN ANSWER…YES:

Can Everyone

Live With

The Decision?

  • Will Everyone

  • Support the Decision?

10


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Consensus Decision Making Module: Summary of Consensus Benefits

  • Commitment

  • Ownership

  • Creativity

  • Satisfaction

17


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A Case Study: NCUA + NTEU Forum Benefits

  • National Partnership Agreement signed by NCUA Chairman + NTEU National President

  • Regular meetings: LMF + (b)(1) pilot

  • Neutral location (FMCS) w/ facilitator

  • Agenda in advance

  • Much information sharing

  • Q & A welcomed + encouraged

  • On-going commitment to training


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FMCS Services for Forum Success Benefits

  • Forum Design:

    • Membership

    • Structure

    • Ground rules

    • Logistics

    • Resources

  • Forum Functioning:

    • LMC, CET, RDT

    • Facilitation

    • IBB/Problem Solving

    • Consensus

    • Brainstorming

    • Communications

LET US HELP YOU SUCCEED!


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