Role of FMCS in Federal Sector Bargaining

AVOID THE IMPASSES PANEL &
GET A DEAL WITH FMCS!
The Role of FMCS in Federal Sector
Bargaining and How to Make
Mediation Work for You
Richard Giacolone
FMCS Commissioner
 
Allison Beck
Former Director, FMCS
Former General Counsel, IAM
1
  
TODAY’S TAKEAWAYS
FMCS ROLE IN US LABOR RELATIONS
FMCS ROLE IN FEDERAL SECTOR BARGAINING
FMCS ENHANCED SERVICES TO FEDERAL SECTOR
MEDIATION – NOW MORE THAN EVER!
2
FMCS
It shall be the duty of the Service, in order to
prevent
 or minimize interruptions of the free
flow of commerce growing out of labor disputes,
to assist parties to labor disputes … to settle such
disputes through conciliation and mediation
Independent agency
No regulatory role
No enforcement authority
Prevent disputes
By improving LM relationships
3
FMCS ROLE IN FEDERAL SECTOR
BARGAINING SCHEME
Executive Order 10988
Civil Service Bulletin 7005
1961 Task Force on Employee Management
Relations
Executive Order 11491
1978 Federal Service Labor Management
Relations Statue
4
EXPANDED FMCS FEDERAL
SECTOR SERVICES 2009-2017
EO on Labor-Management Forums
Federal Sector Law & Practice Webinars
Federal Sector Success Story Webinars
National Labor-Management Conference
Laying the foundation to survive in tough times!
5
6
WHY MEDIATION?
Mediation, the use of a third-party neutral, can help you
Mediation, the use of a third-party neutral, can help you
 “bridge the gap.”
 “bridge the gap.”
7
  
IT’S THE LAW!
 
 
§ 7119. Negotiation impasses; Federal Service Impasses Panel
 
(a) The Federal Mediation and Conciliation Service shall provide services
and assistance to agencies and exclusive representatives in the resolution
of negotiation impasses. The Service shall determine under what
circumstances and in what manner it shall provide services and assistance.
(b) If voluntary arrangements, including the services of the Federal
Mediation and Conciliation Service or any other third-party mediation, fail
to resolve a negotiation impasse-- (1) either party may request the
Federal Service Impasses Panel to consider the matter, or (2) the parties
may agree to adopt a procedure for binding arbitration of the negotiation
impasse, but only if the procedure is approved by the Panel.
8
              A Mediator Can….
 
 
Clarify Issues
 Define problems
 Generate options
 Explore alternatives
 Keep talks moving
 Make suggestions
 Establish realistic expectations
 Can help with your constituents
 Can say things to the other side you
can’t (or shouldn’t)
9
FMCS Mediation
Resolve Impasse
   
Improve Communication
Improve Relationships (FMCS uniquely
positioned to help)
Positively Affect Conflicts in the Future
You will most likely see us again!
10
Mediation Techniques
1.
Ask Questions
2.
Listen
3.
Restate, Reflect, Reframe
4.
Identify Interests
5.
Identify Common Ground
6.
Communicate Impartiality
7.
Express Realistic Optimism
8.
Explore Options
9.
Objectively Explain Risks of FSIP Intervention
Avoiding Impasse
Come to mediation ready to justify your position and
interests
Be prepared to demonstrate need for your proposal
Be prepared to show that your proposals will have a
positive affect on modern and progressive work
practices to facilitate and improve employee
performance and the efficient accomplishment of the
operations of the Government
Don’t forget to think about, document, and present
the costs and benefits of the proposals
11
Slide Note
Embed
Share

Explore the essential role of the Federal Mediation and Conciliation Service (FMCS) in federal sector bargaining, including its duties, services, and impact on labor relations. Learn how FMCS facilitates mediation to prevent disruptions in commerce and enhances relationships between labor and management. Discover the significance of FMCS in resolving negotiation impasses and promoting effective dispute resolution mechanisms.

  • Federal Mediation
  • Labor Relations
  • Bargaining
  • Mediation Services
  • FMCS

Uploaded on Sep 27, 2024 | 0 Views


Download Presentation

Please find below an Image/Link to download the presentation.

The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author.If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.

You are allowed to download the files provided on this website for personal or commercial use, subject to the condition that they are used lawfully. All files are the property of their respective owners.

The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author.

E N D

Presentation Transcript


  1. AVOID THE IMPASSES PANEL & GET A DEAL WITH FMCS! The Role of FMCS in Federal Sector Bargaining and How to Make Mediation Work for You Allison Beck Former Director, FMCS Former General Counsel, IAM 1 Richard Giacolone FMCS Commissioner

  2. TODAYS TAKEAWAYS FMCS ROLE IN US LABOR RELATIONS FMCS ROLE IN FEDERAL SECTOR BARGAINING FMCS ENHANCED SERVICES TO FEDERAL SECTOR MEDIATION NOW MORE THAN EVER! 2

  3. FMCS It shall be the duty of the Service, in order to prevent or minimize interruptions of the free flow of commerce growing out of labor disputes, to assist parties to labor disputes to settle such disputes through conciliation and mediation Independent agency No regulatory role No enforcement authority Prevent disputes By improving LM relationships 3

  4. FMCS ROLE IN FEDERAL SECTOR BARGAINING SCHEME Executive Order 10988 Civil Service Bulletin 7005 1961 Task Force on Employee Management Relations Executive Order 11491 1978 Federal Service Labor Management Relations Statue 4

  5. EXPANDED FMCS FEDERAL SECTOR SERVICES 2009-2017 EO on Labor-Management Forums Federal Sector Law & Practice Webinars Federal Sector Success Story Webinars National Labor-Management Conference Laying the foundation to survive in tough times! 5

  6. WHY MEDIATION? Mediation, the use of a third-party neutral, can help you bridge the gap. 6

  7. ITS THE LAW! 7119. Negotiation impasses; Federal Service Impasses Panel (a) The Federal Mediation and Conciliation Service shall provide services and assistance to agencies and exclusive representatives in the resolution of negotiation impasses. The Service shall determine under what circumstances and in what manner it shall provide services and assistance. (b) If voluntary arrangements, including the services of the Federal Mediation and Conciliation Service or any other third-party mediation, fail to resolve a negotiation impasse-- (1) either party may request the Federal Service Impasses Panel to consider the matter, or (2) the parties may agree to adopt a procedure for binding arbitration of the negotiation impasse, but only if the procedure is approved by the Panel. 7

  8. A Mediator Can. Clarify Issues Define problems Generate options Explore alternatives Keep talks moving Make suggestions Establish realistic expectations Can help with your constituents Can say things to the other side you can t (or shouldn t) 8

  9. FMCS Mediation Resolve Impasse Improve Communication Improve Relationships (FMCS uniquely positioned to help) Positively Affect Conflicts in the Future You will most likely see us again! 9

  10. Mediation Techniques 1. Ask Questions 2. Listen 3. Restate, Reflect, Reframe 4. Identify Interests 5. Identify Common Ground 6. Communicate Impartiality 7. Express Realistic Optimism 8. Explore Options 9. Objectively Explain Risks of FSIP Intervention 10

  11. Avoiding Impasse Come to mediation ready to justify your position and interests Be prepared to demonstrate need for your proposal Be prepared to show that your proposals will have a positive affect on modern and progressive work practices to facilitate and improve employee performance and the efficient accomplishment of the operations of the Government Don t forget to think about, document, and present the costs and benefits of the proposals 11

Related


More Related Content

giItT1WQy@!-/#giItT1WQy@!-/#giItT1WQy@!-/#giItT1WQy@!-/#