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Federal Mediation & Conciliation Service. Impact on Labor-Management Relations 2004. F.M.C.S. Creation. Independent agency under Taft-Hartley amendments in 1947. Resolve collective bargaining disputes which threaten the free flow of commerce.
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Federal Mediation & Conciliation Service Impact on Labor-Management Relations 2004 Pittsburgh, PA Field Office
F.M.C.S. Creation • Independent agency under Taft-Hartley amendments in 1947. • Resolve collective bargaining disputes which threaten the free flow of commerce. • Neither a regulatory nor an enforcement agency, but a neutral designed to assist Labor & Management. Pittsburgh, PA Field Office
F.M.C.S. Mission • Promote sound & stable L/M relations. • Prevent/minimize work stoppages through mediation assistance to parties. • Advocate collective bargaining, mediation & voluntary arbitration. • Develop the art, science & practice of conflict resolution. • Foster constructive joint L/M processes. Pittsburgh, PA Field Office
Dispute Mediation Private, Public, & Federal Sectors Preventive Mediation Customized training Education, Outreach & Advocacy Of collective bargaining processes Alternative Dispute Resolution In-lieu of litigation Arbitration Services L/M Grants International Program Youth violence prevention F.M.C.S. Services Pittsburgh, PA Field Office
Mediation Defined The use of a third-party neutral to assist the parties in conflict resolution. Pittsburgh, PA Field Office
Dispute Mediation • 2004 U.S. Statistics • 20,249 contract assignments • 5,136 closed (active) • 76 % closed/agrmt. • 273 work stoppages (all size B.U.’s) Pittsburgh, PA Field Office
Work Stoppages(U.S.)(all size bargaining units) Pittsburgh, PA Field Office
Job Security Subcontracting Off-shore job losses Staffing issues Healthcare industry Mandatory O/T State legislation Pension Benefits Defined benefits vs. defined contributions Wages / Benefits Approx. 3% Slightly lower in Mfg., slightly higher in Constr. Health Insurance Rx plan costs Co-pays & cost sharing Plan design MSA’s Hot Topics at the Table Pittsburgh, PA Field Office
Preventive Mediation • 2004 U.S. Statistics • Active in 2,632 joint training/process cases • Has grown to over 30% of mediation caseload Pittsburgh, PA Field Office
Alternative DisputeResolution • 2004 U.S. Statistics • Active in 1,591 cases • (+591.7 % since 1995) • Increasing number of Reg-Neg’s, public policy, employment mediations Pittsburgh, PA Field Office
A.D.R. Growth(U.S.) Pittsburgh, PA Field Office
Ineffective communications Inaccurate info./data Personalities/emotion Morals differ Internal/external political pressure Un-realistic expectations (economic, status, etc.) Perception of “Fair” Pride Common reasons for not reaching agreement Pittsburgh, PA Field Office
Why mediation can be an effective tool for conflict resolution • Parties retain control of resolution • Voluntary (in most cases) • Informal vs. formal process • Time efficient • Cost effective Pittsburgh, PA Field Office
When mediation may not be appropriate • Pre-determined, inflexible positions • When a “directed” decision is sought • “Principals” Pittsburgh, PA Field Office
Federal Mediation & Conciliation Service Robert S. Ditillo Commissioner One Oxford Centre, Suite 2570 301 Grant Street Pittsburgh, PA 15219 412-644-4110 rditillo@fmcs.gov Pittsburgh, PA Field Office