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 TODAYS TAKEAWAYS ID: 705191
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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 GiacoloneFMCS Commissioner
Allison Beck
Former Director, FMCSFormer General Counsel, IAM
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TODAY’S TAKEAWAYSFMCS ROLE IN US LABOR RELATIONS FMCS ROLE IN FEDERAL SECTOR BARGAINING
FMCS ENHANCED SERVICES TO FEDERAL SECTOR
MEDIATION – NOW MORE THAN EVER!
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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 agencyNo regulatory roleNo enforcement authority
Prevent disputesBy improving LM relationships
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FMCS ROLE IN FEDERAL SECTOR BARGAINING SCHEME
Executive Order 10988
Civil Service Bulletin 70051961 Task Force on Employee Management Relations
Executive Order 114911978 Federal Service Labor Management Relations Statue
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EXPANDED FMCS FEDERAL SECTOR SERVICES 2009-2017
EO on Labor-Management Forums
Federal Sector Law & Practice Webinars
Federal Sector Success Story WebinarsNational Labor-Management Conference
Laying the foundation to survive in tough times!
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WHY MEDIATION?
Mediation, the use of a third-party neutral, can help you
“bridge the gap.”
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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. Slide8
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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)
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FMCS MediationResolve Impasse
Improve CommunicationImprove Relationships (FMCS uniquely positioned to help) Positively Affect Conflicts in the FutureYou will most likely see us again!Slide10
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Mediation TechniquesAsk Questions
ListenRestate, Reflect, Reframe
Identify InterestsIdentify Common GroundCommunicate Impartiality
Express Realistic OptimismExplore Options
Objectively Explain Risks of FSIP InterventionSlide11
Avoiding Impasse Come to mediation ready to justify your position and interests
Be prepared to demonstrate need for your proposalBe 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 GovernmentDon’t forget to think about, document, and present the costs and benefits of the proposals
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