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Implementing EO13522: How FMCS Can Help Your Forum Succeed NFFE/IAM Region 5 Forest Service Council Labor/Management Sym

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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 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

today s goal
  • Introduction to FMCS
  • FMCS Federal Sector Work
  • FMCS and EO 13522
  • FMCS Forum Implementation
  • Case Study: NCUA + NTEU
fmcs history
FMCS History
  • Pre-1935 and Wagner Act
    • Great Depression
    • Millions out of work
    • No legal right to organize or bargain
    • Enormous economic instability
wagner act 1935
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”
taft hartley act 1947
Taft-Hartley Act 1947
  • Created FMCS to
    • Mediate workplace disputes
    • Prevent strikes
    • Promote stable L-M relationships
fmcs mission expanded
FMCS Mission Expanded
  • Civil Service Reform Act (1978)
    • Resolve federal sector labor disputes
  • LM Cooperation Act (1978)
    • Facilitate LM Committees
fmcs today
FMCS Today
  • In private and public sector:
    • Mediate disputes
    • Promote collective bargaining
    • Encourage stable LM relationships
    • Facilitate LM committees
fmcs federal sector services
FMCS Federal Sector Services
  • LM dispute resolution
  • Employment mediation
  • Training
  • Systems design
  • Interagency cooperation/collaboration
  • Regulatory negotiations
examples of agencies served
Examples of Agencies Served
  • HHS
  • DHS
  • DOT
  • USDA
  • HUD
  • Commerce
  • IRS
  • Postal Service
  • Marine Corps
  • DOD
  • State
  • EPA
  • FBI
eo 13522 a new challenge
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?

this is what we do
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
fmcs and eo 13522
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!
fmcs relationship development training programs rdt
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
ex labor management committee training
Ex: Labor-Management Committee Training
  • Promote regular communication
  • Promote joint understanding of problems
  • Promote decision-making that reflects interests of all parties
lmc training objectives
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
lmc measures of success
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
ex fmcs facilitation training
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!

ex committee effectiveness training
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
consensus decision making module
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
consensus decision making module20

Imposed by Authority or Power

Majority Vote




No Feedback (Assumes Leader Knows Best)

Splits Group


Full Support

Consensus Decision Making Module



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


consensus decision making module guidelines for decisions

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



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


consensus decision making module has consensus been reached
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.”



Has Everyone

Been Heard?


Can Everyone

Live With

The Decision?

  • Will Everyone
  • Support the Decision?



Consensus Decision Making Module: Summary of Consensus Benefits

  • Commitment
  • Ownership
  • Creativity
  • Satisfaction


a case study ncua nteu forum
A Case Study: NCUA + NTEU Forum
  • 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
fmcs services for forum success
FMCS Services for Forum Success
  • Forum Design:
    • Membership
    • Structure
    • Ground rules
    • Logistics
    • Resources
  • Forum Functioning:
    • LMC, CET, RDT
    • Facilitation
    • IBB/Problem Solving
    • Consensus
    • Brainstorming
    • Communications