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Federal Mediation and Conciliation Service (United States)

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Federal Mediation and Conciliation Service
Agency overview
FormedJune 23, 1947
Preceding agency
JurisdictionFederal government of the United States
HeadquartersWashington, D.C.
Employees204 employees including 143 federal mediators (2024)[1]
Agency executives
  • Vacant, Director
  • Gregory Goldstein, Acting Director and Chief Operating Officer
  • Scot Beckenbaugh, National Representative
Websitewww.fmcs.gov

The Federal Mediation and Conciliation Service (FMCS) is an independent agency of the United States government that provides conflict resolution services to private and public workers and employers, including mediation services for parties who cannot resolve a collective bargaining dispute.[2] The agency supports the economy by resolving disputes that threaten the free flow of commerce.[1]

Founded in 1947, it is the nation's largest public agency for dispute resolution and conflict management, providing mediation and related conflict prevention and resolution services in the private and public sectors. FMCS provides training and relationship development programs for management and unions to promote labor-management cooperation. The agency also provides mediation, conflict prevention, and conflict management services outside the labor context for federal agencies. The FMCS headquarters is in Washington, D.C., with nine field offices across the country.[1]

On March 15, 2025, President Donald Trump signed an executive order that called for the elimination of several federal agencies, including FMCS.[3] He ordered those institutions to be "eliminated to the maximum extent consistent with applicable law".[4]

Purpose and programs

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FMCS was created by Congress as a neutral and independent government agency upon enactment of the Labor-Management Relations Act of 1947 (Taft–Hartley Act).[5] Congress mandated FMCS to resolve industrial conflict and promote labor-management peace and cooperation, minimizing the impact of these disputes on the free flow of commerce.

With its headquarters in Washington, D.C., and offices across the country, the agency has, for decades, been providing dispute resolution and conflict management services for employers and unions across industries and work activities in the private, public, and federal sectors. FMCS has also been involved in facilitating negotiated rulemaking processes,[6] which it says "saves millions of dollars and avoids years of delay in the rulemaking process."[5] The agency's authorizing statute is in the U.S. Code at 29 U.S.C. ch. 7, subch. III.[7]

Role in labor disputes

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Former Federal Mediation and Conciliation Service headquarters in Washington, D.C. (now demolished)

The Federal Mediation and Conciliation Service was created as an independent agency of the federal government under the terms of the Labor Management Relations Act of 1947 (better known as the Taft–Hartley Act) to replace the United States Conciliation Service that previously operated within the Department of Labor.[8] Under Taft-Hartley, FMCS may offer its services "in any labor dispute in any industry affecting commerce, either upon its own motion or upon the request of one or more of the parties to the dispute, whenever in its judgment such dispute threatens to cause a substantial interruption of commerce."[9]

By statute, FMCS receives advance notification any time a party to a collective bargaining agreement intends to terminate or modify the contract upon expiration. No modification or termination of a collective bargaining agreement is permitted unless the party wishing to modify or terminate notifies the other party at least 60 days prior to expiration and, within 30 days after notice to the other party, notifies FMCS and applicable state mediation agencies. For healthcare institutions, the notice times are extended to 90 and 60 days respectively.[10]

Labor arbitration program

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FMCS also has a large labor arbitration program. The agency maintains a roster of approximately 1,000 private arbitrators who are vetted based on their background, experience, and training in issues arising under collective bargaining agreements. Typically, more than 10,000 requests for arbitrator panels are received by FMCS each year from parties to labor-management grievance disputes. Panels are randomly drawn from the FMCS roster based on specified parameters, and the parties select an arbitrator who is then appointed by FMCS. Arbitrators must abide by the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes, to which FMCS is a signatory; the Code is incorporated by reference in the Agency's federal regulations.

Shared Neutrals program

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In 2018, FMCS began management of the Federal Shared Neutrals Program, an interagency collaborative effort in support of alternative dispute resolution,[5] formerly operated as Sharing Neutrals by the U.S. Department of Health and Human Services. FMCS administers the program in the National Capital Region, in coordination with participating federal agencies that contribute to, and make use of, a pool of collateral-duty federal employees to mediate cases outside their own agency. In many regions of the country, Federal Executive Boards (FEBs) have created individual programs modeled after the DC-based program but run through each FEB. These programs continue separate operations, except for those who may wish to have FMCS administer their regional Shared Neutrals program.

Annually, the Shared Neutrals Program provides workplace mediation services for hundreds of cases across more than 50 participating agencies and sub-agencies, supported by a pool of more than 250 collateral-duty federal employees who are dedicated to assisting in the resolution of workplace disputes.[11]

National Labor-Management Conference

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FMCS hosts a biennial conference, the National Labor-Management Conference (NLMC), to promote better relationship and dispute management as a proactive means for preventing conflict that can impair organizational success. Historically, the NLMC attracted over 1000 industrial relations professionals, representatives of labor and management, academics, arbitrators and legal professionals across the labor relations and employment spectrum. The conference was held virtually in 2020 due to the COVID-19 pandemic.[12] A conference, "Challenges and Choices at Work in a Time of Heightened Worker Activism", was held in June 2024.[13][14]

International program

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The Agency has an international program, partnering with countries to provide consulting and training in labor dispute resolution and the design of conflict management systems.[15] These services are offered on a cost-reimbursement basis.[16]

Formation and directors

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On August 7, 1947, President of the United States Harry S. Truman appointed Cyrus S. Ching as the first director of the FMCS. As Director of the FMCS, he received $12,000, placing the position at par with the National Labor Relations Board. Ching had been a member of the National War Labor Board until 1943, and had been an employee of the United States Rubber Company since 1919, serving as the firm's director of industrial and public relations in 1929. Ching would take office as of August 22, 1947, the date established in the Taft–Hartley Act for the creation of the FMCS as an independent agency, and would assume the role of the nation's top labor mediator from Edgar L. Warren, who had filled the senior mediation role for the U.S. Conciliation Service within the Labor Department.[17] After conferring with the President in August, Ching stated that he would assume his role as director in early September upon the completion of his duties at U.S. Rubber. Ching stated that his role was to settle labor disputes at the level when and where they develop.[18]

Ching was sworn into office on September 5, 1947, with an oath administered by Judge Henry White Edgerton at ceremonies also attended by Howard T. Colvin, who served as acting head from the August 22 creation of the FMCS, as well as other representatives of labor, industry and government.[19]

Directors

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Directors of the Federal Mediation and Conciliation Service (with the date they took office listed and the President who made the appointment shown in parentheses), are as follows:[20]

  1. Cyrus S. Ching (1947; Truman)
  2. David L. Cole (1952; Truman)[21]
  3. Whitney P. McCoy (1953; Eisenhower)
  4. Joseph F. Finnegan (1955; Eisenhower)
  5. William E. Simkin (1961; Kennedy), the longest-serving Director, departing office in 1969
  6. J. Curtis Counts (1970; Nixon)[22]
  7. William Usery, Jr. (1973; Nixon)[22]
  8. James F. Scearce (1976; Ford)
  9. Wayne L. Horvitz (1977; Carter)
  10. Kenneth Moffett (1982; Reagan), served for seven months.
  11. Kay McMurray (1982; Reagan)
  12. Bernard E. DeLury (1990; G. H. W. Bush)
  13. John Calhoun Wells (1993; Clinton)
  14. C. Richard Barnes (1999; Clinton)
  15. Peter J. Hurtgen (2002; G. W. Bush)
  16. Arthur F. Rosenfeld (2006; G. W. Bush)
  17. George H. Cohen (2009; Obama)
  18. Allison Beck (2014; Obama), the first woman to serve as director
  19. Richard Giacolone (2018; Donald J. Trump)[23][24]

Notable roles and events

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1940s

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Representatives of the FMCS played a role in negotiations between Bethlehem Shipbuilding Corporation and the Marine and Shipbuilding Workers in a strike that started in June 1947.[25]

1970s

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In 1973, a Relationship-by-Objectives (RBO) program was developed for use in extreme cases of poor labor-management relations, when continued deterioration of the relationship could have drastic economic effect. The first RBO program was delivered in Maine on behalf of the Georgia-Pacific Company and Paperworkers Local 27.[26]

In 1975, FMCS entered a new arena: Alternative Dispute Resolution (ADR). Congress passed Public Law 93-531, directing the Service to mediate a 100-year old land dispute between the Hopi and Navajo Indian Tribes in Arizona.[27]

In 1978, Congress extended the FMCS charter to mediate disputes beyond the private sector to the Federal government.[28] This was part of the Civil Service Reform Act,[5] specifically the Federal Service Labor-Management Relations Statute. Also in 1978, the Labor-Management Cooperation Act directed FMCS to encourage cooperative activities between labor and management.[5]

In November 1979, FMCS began mediating age discrimination complaints.[29]

1980s

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In 1983, FMCS was the first agency to provide the service of negotiated rulemaking, or "reg-neg." Conducted with the Federal Aviation Administration and Department of Transportation, regulations were developed to deal with flight and duty time of pilots.[30]

1990s

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The Administrative Dispute Resolution Act of 1990 and the Administrative Dispute Resolution Act of 1996[31] created the responsibility of every federal agency to look at its mission and to see what could be resolved through ADR techniques; also to establish an ADR coordinator, and to promote these efforts. FMCS testified and described the kind of work it did both for promoting ADR and negotiated rulemaking.[32]

In 1996, representatives from FMCS facilitated an ADR process in Minnesota regarding land use issues in the Boundary Waters Canoe Area Wilderness (BWCAW) and in Voyageurs National Park (VNP). In addition to agreements reached on the BWCAW, the mediation team also announced agreements on strategies to handle problems in the park having to do with public safety, improved Park Service consultation with local people, and other issues.[33]

In 1997, representatives from FMCS mediated negotiations between United Parcel Service and the International Brotherhood of Teamsters. It required three weeks of mediation to bring an end to the largest national strike in two decades.[34]

2000s

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In June 2002, representatives from FMCS facilitated National Institute of Standards and Technology (NIST) discussions in New York City regarding the scope of the subsequent building and fire safety investigation following the Sept. 11, 2001 terrorist attacks. The meetings, which were conducted over the course of five sessions, featured more than 30 speakers, many of whom had family members and friends who were killed in the collapse of the World Trade Center towers. The impact of FMCS' role was a successful discussion which provided important data for NIST's assessment and investigation.[35]

2010s

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Representatives of the FMCS mediated negotiations between the National Football League and the National Football League Players Association in contract talks in February 2011.[36] In November 2012, the National Hockey League and National Hockey League Players Association agreed to submit their negotiations to the FMCS in an effort to resolve the 2012 NHL lockout.[37]

In 2013, The Washington Examiner alleged that employees at the agency had made improper purchases, such as auto leases and spouses' cellular phones, using government credit cards.[38] In response, the FMCS stated that the items were "the subject of a now-settled employment dispute involving a disgruntled FMCS employee", that the FMCS "conducted a prompt and thorough investigation and a review of our own internal processes", and "the allegations were dropped and outside authorities indicated they would take no further action."[38] Congressional committee staff looked into the allegations[39] and concluded their inquiries without making any findings against the agency or its employees.[citation needed]

In December 2015, representatives from FMCS facilitated a regulatory negotiations process with the US Department of Energy involving industry, labor groups, and environmentalists to help produce the biggest energy savings standards in US history.[40]

In 2015, representatives of the FMCS mediated negotiations and agreement between the International Longshore and Warehouse Union and the Pacific Maritime Association covering operations at 29 U.S. ports on the Pacific coast. Subsequently, an extension to the contract was announced with a July 1, 2022 expiration date.[41]

In February 2019, representatives of the FMCS mediated negotiations and agreement between the Denver Classroom Teachers Association and Denver Public School District, ending not only "the first teachers' strike in Denver in 25 years — it concludes 15 months of sometimes acrimonious negotiations." [42]

From January to April 2019, FMCS facilitated regulatory negotiations meetings with the Department of Education. The meetings proposed changes/new regulations for the Federal Student Aid programs authorized under Title IV of the Higher Education Act of 1965 as amended. These particular negotiations were on the topic of Accreditation and Innovation, including TEACH grant requirements, Distance Learning and Faith-Based Institutions. The meetings were live-streamed and open to the public with time at the end of each day for public comment.[43]

In April 2019, FMCS and the Equal Employment Opportunity Commission committed to work together to resolve federal workplace disputes by utilizing ADR as a means of efficiently reducing the backlog of federal sector charges.[44]

In June 2019, FMCS and the Federal Labor Relations Authority announced a commitment to work together to provide labor organizations and agencies with an opportunity to resolve negotiability appeals before they are considered by the Authority's members for a decision.[45]

In August 2019, representatives of FMCS mediated negotiations between the State of Alaska and the Inlandboatmen's Union, ending a nine-day strike.[46]

2020s

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In August 2020, representatives from Bath Iron Works and International Association of Machinists Local S6 signed an agreement with FMCS' assistance to end the shipyard worker strike in Bath, Maine.[47][48] The 63-day strike drew national attention against the backdrop of a global pandemic and in an election year. President Trump said he was "glad to have helped"; the assistant to the president for trade and manufacturing, Peter Navarro, credited contributors including the deputy director of the Federal Mediation and Conciliation Services.[49]

In April 2022, the National Labor Relations Board reminded its field offices about FMCS services and encouraged them to partner with FMCS mediators.[50]

In 2022, FMCS announced that it would provide assistance with card check at no cost.[51] It stopped supporting card check in March 2025.[51]

See also

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References

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  1. ^ a b c "Role & Function of the Federal Mediation & Conciliation Service" (PDF). Federal Mediation & Conciliation Service. January 14, 2025. Retrieved March 16, 2025.
  2. ^ Shimabukuro, Jon O.; Whittaker, Julie M. (September 5, 2014). "Federal Labor Relations Statutes: An Overview". Congress.gov: Congressional Research Service. Retrieved March 16, 2025.
  3. ^ "Continuing the Reduction of the Federal Bureaucracy". The White House. March 15, 2025. Retrieved March 15, 2025.
  4. ^ Gangitano, Alex (March 15, 2025). "Trump signs order to dismantle seven federal agencies focused on media, libraries, homelessness". The Hill. Retrieved March 15, 2025.
  5. ^ a b c d e "Federal Mediation and Conciliation Service: Four Year Strategic Plan 2022-2026" (PDF). Federal Mediation and Conciliation Service. Retrieved March 16, 2025.
  6. ^ "Regulating by Consensus: Could a neutral third party help your agency overcome potential barriers to multi-party regulatory negotiations?" (PDF). Federal Mediation and Conciliation Service. Retrieved March 16, 2025.
  7. ^ Breslauer, Tamar B.; Lechman, Ellen M.; Overbay, Abigail R. (May 30, 2023). "Workforce and Labor Policy: Resources for Congressional Offices". Congress.gov: Congressional Research Service. Retrieved March 16, 2025.
  8. ^ Starks, Louis (June 24, 1947). "Analysis of the Labor Act Shows Changed Era at Hand for Industry; Labor Act Analysis Shows New Era for Industry". The New York Times. Retrieved February 19, 2024.
  9. ^ "29 U.S. Code § 173 - Functions of Service". LII / Legal Information Institute. Retrieved July 19, 2019.
  10. ^ "29 U.S. Code § 158 - Unfair labor practices". LII / Legal Information Institute. Retrieved July 19, 2019.
  11. ^ "FMCS to Head Administration of National Capital Area Shared Neutrals Program". December 3, 2018.
  12. ^ "Conference Agenda" (PDF). Federal Mediation and Conciliation Service. Retrieved February 19, 2024.
  13. ^ "News release: FMCS' 2024 National Labor-Management Conference Is a Monumental Success". Federal Mediation and Conciliation Service. July 2, 2024. Retrieved March 16, 2025.
  14. ^ Temin, Tom (July 19, 2024). "What's new from the agency in the middle of labor-management disputes". Federal News Network. Retrieved March 16, 2025.
  15. ^ Strimling, Andrea (April 17, 2012). "The Federal Mediation and Conciliation Service: A Partner in International Conflict Prevention". Pepperdine Dispute Resolution Law Journal. 2 (3). ISSN 1536-3090.
  16. ^ "Labor Relations & Conflict Resolution: FMCS International Training Services" (PDF). Federal Mediation and Conciliation Service. Archived from the original (PDF) on February 22, 2025. Retrieved March 16, 2025.
  17. ^ "Appointed by President As U.S. Mediation Chief". The New York Times. August 8, 1948. Retrieved February 19, 2024.
  18. ^ "CHING, PRESIDENT CONFER; Mediation Head Expects to Take Office About Sept. 3". The New York Times. August 13, 1947. Retrieved February 19, 2024.
  19. ^ "C. S. Ching Is Sworn In as Mediation Chief; Declares He Will Produce 'No Miracles'". The New York Times. September 6, 1947. Retrieved February 19, 2024.
  20. ^ "A Timeline of Events in Modern American Labor Relations". Federal Mediation and Conciliation Service. Retrieved February 19, 2024.
  21. ^ "President Accepts Ching Resignation; He Praises Nation's Top Labor Conciliator -- David L. Cole Named Mediation Head". The New York Times. September 16, 1952. Retrieved February 19, 2024.
  22. ^ a b "Timeline 1970-1990". Federal Mediation and Conciliation Service. Retrieved March 16, 2025.
  23. ^ Penn, Ben (June 11, 2018). "Trump Taps Federal Mediation Veteran as Acting Agency Head". Bloomberg Law. Retrieved March 16, 2025.
  24. ^ Siddons, Andrew (December 3, 2019). "Senate panel approves Trump's FDA nominee". Roll Call. Retrieved March 17, 2025.
  25. ^ "SHIP STRIKE NEARS END; Federal Mediators Report Progress in Bethlehem Tie-up". The New York Times. September 23, 1947. Retrieved February 19, 2024.
  26. ^ "1973". Federal Mediation and Conciliation Service. Archived from the original on March 14, 2025. Retrieved March 17, 2025.
  27. ^ "1975". Federal Mediation and Conciliation Service. Archived from the original on March 12, 2025. Retrieved March 17, 2025.
  28. ^ "1978". Federal Mediation and Conciliation Service. Archived from the original on March 9, 2025. Retrieved March 17, 2025.
  29. ^ "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance From HHS: 45 CFR Part 91". U.S. Department of Health and Human Services. August 14, 2007. Retrieved February 19, 2024.
  30. ^ "1983". Federal Mediation and Conciliation Service. Archived from the original on March 12, 2025. Retrieved March 17, 2025.
  31. ^ "Federal Sector Alternative Dispute Resolution". US EEOC. Retrieved March 17, 2025.
  32. ^ "Key ADR Statutes". adr.gov. Retrieved February 19, 2024.
  33. ^ "BOUNDARY WATERS AND VOYAGEURS DISPUTES SHOULD BE RESOLVED THROUGH MEDIATION IN MINNESOTA". congress.gov. October 3, 1996. Retrieved February 19, 2024.
  34. ^ "FMCS Mediates UPS/Teamster Strike". users.interport.net. Retrieved February 19, 2024.
  35. ^ "Commerce's NIST Details Federal Investigation of World Trade Center Collapse". NIST. August 21, 2002.
  36. ^ "NFL, NFLPA to start federal mediation on Monday". NBC Sports. February 17, 2011. Archived from the original on October 10, 2012. Retrieved February 17, 2011.
  37. ^ McGran, Kevin (November 26, 2012). "NHL lockout: Mediators called in for meetings this week". The Hamilton Spectator. Archived from the original on November 29, 2012. Retrieved November 26, 2012.
  38. ^ a b Rosiak, Luke (October 1, 2013). "Bureaucrats at tiny federal agency FMCS buy legions of luxuries with purchase cards". The Washington Examiner. Archived from the original on August 27, 2016. Retrieved September 13, 2016.
  39. ^ Rosiak, Luke (November 14, 2013). "FMCS under congressional fire after Examiner report on widespread waste and fraud". The Washington Examiner. Retrieved March 16, 2025.
  40. ^ Mooney, Chris (December 17, 2015). "Obama just released the biggest energy efficiency rule in U.S. history". The Washington Post. Retrieved February 19, 2024.
  41. ^ "FMCS Applauds ILWU-PMA West Coast Ports Announcements". Federal Mediation & Conciliation Service. July 31, 2017.
  42. ^ Hutchinson, Bill (February 14, 2019). "Denver teachers strike ends with 'historic' deal". ABC News. Retrieved February 19, 2024.
  43. ^ "Negotiated Rulemaking for Higher Education 2018-19". U.S. Department of Education. June 30, 2022. Retrieved February 19, 2024.
  44. ^ "EEOC Offers New Alternative Dispute Resolution Route". Fedweek. April 16, 2019. Retrieved February 19, 2024.
  45. ^ Smith, Ralph R. (June 28, 2019). "FLRA/FMCS Pilot Program to Speed Up Labor Negotiations". FedSmith. Retrieved February 19, 2024.
  46. ^ Cordova, Gilbert (August 2, 2019). "AMHS says it will resume sailing on Sunday after union strike ends". Alaska's News Source. Retrieved February 19, 2024.
  47. ^ "Maine IAM Local S6 Members Vote to Ratify Contract at Bath Iron Works, Bringing Successful End to Largest Strike in United States". International Association of Machinists and Aerospace Workers. August 23, 2020. Retrieved March 17, 2025.
  48. ^ "FMCS Statement on Labor Agreement Between Bath Iron Works and International Association of Machinists Local S6" (PDF). Federal Mediation & Conciliation Service. August 10, 2020. Retrieved February 19, 2024.
  49. ^ Kathleen, O'Brien (August 11, 2020). "Trump aide: White House didn't micromanage negotiations between Bath shipyard management, striking union". Press Herald. Retrieved March 17, 2025.
  50. ^ Porzio, Steven J.; Felcher, Melissa C. (April 27, 2022). "NLRB Field Offices Encouraging Partnership With the FMCS". National Law Review. Retrieved March 16, 2025.
  51. ^ a b Eidelson, Josh (March 6, 2025). "US Agency to Cease Facilitating Easier Unionization Process". MSN. Bloomberg. Retrieved March 16, 2025.
[edit]
Digital Photographs of Officials and Staff, c. 1913 - c. 2009
Director's Speeches and Presentations, 1960 - 2004
History Files, 1947 - 2007
Official Publications, 1947 - 1990
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