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The Federal Mediation and Conciliation Service

The Federal Mediation and Conciliation Service. Commissioner Rich Giacolone. The Role of FMCS. Statutorily created by Taft-Hartley Act in 1947 (DOL Commissioners 1913) Prevent/minimize interruption of interstate commerce resulting from labor disputes through mediation

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The Federal Mediation and Conciliation Service

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  1. The Federal Mediation and Conciliation Service Commissioner Rich Giacolone

  2. The Role of FMCS • Statutorily created by Taft-Hartley Act in 1947 (DOL Commissioners 1913) • Prevent/minimize interruption of interstate commerce resulting from labor disputes through mediation • Provide Alternative Dispute Resolution Services

  3. FMCSMission • Advocating collective bargaining, mediation and voluntary arbitration as the preferred process for settling issues between employers and representatives of employees, • Developing the art, science and practice of conflict resolution,

  4. FMCSMission • 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,

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

  6. Organizational Structure • Federal Agency • Director appointed by the President • Five Regions; 70+ Field Stations; 200 Federal Commissioners of Mediation • Regional Director & 2 Directors of Mediation Services • National Office in Washington,DC

  7. FMCS Services • Dispute Mediation • Preventive Mediation • Labor-Management Grants • Alternative Dispute Resolution • International Programs • Arbitration Services • FMCS Institute for Conflict Resolution • TAGS (Technology Assisted Group Solutions)

  8. FMCS Dispute Resolution • Mediating disputes in contract negotiations between employers and unions representing employees. • Mediating disputes in grievances between employers and unions representing employees.

  9. FMCS Dispute Resolution • Voluntary • Collective Bargaining • Private Sector • Federal Sector • Public Sector • State • County • Municipality • Grievance Disputes • Alternative resolution through mediation prior to arbitration.

  10. FMCS Preventive Mediation • Training labor and management in cooperative processes • Help labor and management break down traditional barriers • Helping labor and management build better working relationships • Strategies to prevent work stoppages

  11. FMCS Labor-Management Grants • Funding New Approaches to Labor Management Cooperation • Expanding Labor-Management Committees • Educational development • Advancing Cooperative Skills

  12. FMCS Alternative Dispute Resolution • Training and system design in dispute resolution. • Providing dispute resolution assistance without: • Courtroom litigation (ADR Act 1990, reestablished in 1996) • Agency adjudication • Regulatory Negotiations / Public Policy Issues • Bureau of Indian Affairs • Department of Transportation • Boundary Waters • Access Board • HUD Hope VI

  13. International Programs • Technical assistance in conflict resolution • Training and System design programs • Showcasing experiences

  14. FMCS International • Sharing the U.S. mediation experience and Learning from other Nations • Teaching new methodologies of collective bargaining (IBN) • Opening the door to international labor management cooperation • Exchange Programs (Republic of Ireland)

  15. FMCS International • Mexico • Indonesia • Korea • Brazil • Argentina • Chile • Uruguay • Panama • Bulgaria • Taiwan • Germany • Spain • South Africa • Bosnia

  16. FMCS Arbitration Services • Final step in resolution processes • Collective Bargaining • Qualified Arbitrators • Computerized roster by: • Geographic location • Professional affiliation • Occupation • Industry experience

  17. FMCS Institute for Conflict Management • Courses open to the public • Offering a different training environment • Training with practitioners • Arbitration Offerings • Negotiations Skills Training • Mediation and Facilitation Skills Training • Facilitation Using TAGS

  18. “Group Problem Solving & Decision Making Tools”

  19. Different-Same Same-Same Time and Place Same-Different Different-Different

  20. Labor Disputes Iron Mountain Records & IBT NLRB & NLRBPA Rhode Island Board of Education & AFT Levy Food & HERE Garrettville ISD & OEA Navy & Firefighters Improve Relationships Westvaco & GCU CSU and CSEA LMC ADR Work Laborers Tri-Fund Needs Assessment IRRA Nat’l Conferences SPIDR UPL Issue City of Palm Beach NACA and Building Trades AFSCME Council Election Fort Lauderdale Northeast High School violence survey Teach students and faculty Cornell ILR Extension Harvard Kennedy School University of Texas - Austin 4th Circuit Court of Appeals EEO case Internal Mediator Credentialing 2000 Strategic Plan Internal Partnership Core Competency Inventory Sample Cases

  21. Supplement, not eliminate conversation, discussion, humor • Use 30-50% of meeting • 4 or 104 participants (face-to-face, remote) • Participant training not required

  22. For more information contact FMCS at www.fmcs.gov

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