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1. Role and Function of the FMCS PAGE TITLE GOES HERE August 2008

2. Statutory Mission 1947:Created as an Independent agency under Taft-Hartley Act Neither a regulatory nor an enforcement agency, but a neutral designed to assist Labor & Management Resolve collective bargaining disputes which threaten the free flow of commerce. Purpose:“Make available full and adequate government facilities for conciliation, mediation and voluntary arbitration to aid and encourage [the parties] to settle differences through collective bargaining”

3. FMCS Mission • Promote sound and stable labor/management relations; • Prevent or minimize work stoppages; • Advocate collective bargaining, mediation, arbitration; • Advocate the art, science and practice of ADR; • Provide conflict resolution services; • Foster improved labor-management relationships

4. FMCS STRUCTURE • Headquarters in Washington, DC • Director appointed by the President of the United States, and reports directly to the President • 10 District Offices • 69 Field Offices in 43 states

5. FMCS: How Can We Help You?

6. How Can Mediation Benefit You? Mediation, the use of a third-party neutral, can help you “bridge the gap.”

7. A Mediator Can…. Clarify Issues Define problems Generate options Explore alternatives Keep talks moving Make suggestions Establish realistic expectations

8. 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

9. FMCS SERVICES • Collective Bargaining Mediation • Private, Public, & Federal Sectors • Relationship Development and Training • Customized training for labor and management • Education, Outreach & Advocacy • Of collective bargaining processes • Employment Mediation • In-lieu of litigation of non-labor employment disputes • Grievance Mediation • Arbitration Services

10. In-depth Training and Help • Training in interest-based problem solving, communication skills and relationship-building • Look at “best practices” in USA and abroad • Hold major conferences – National Labor-Management Conference • Work with negotiations and mediation training for government agencies, industry and unions, and US Marine Corps • Develop courses in dealing with generational conflict at the workplace; grief at the workplace, and the FMCS Institute Fisher and Ury , Getting to Yes

11. FMCS CBM Statistics 22,000 expired contracts FMCS mediated about 31% FMCS settlement rate = 86%

12. Job Security Subcontracting Off-shore job losses Technology Successor language (I.E. Hotel Industry) Staffing issues Healthcare industry “Foreign” nurse recruiting Construction building trades Pension Benefits Defined benefits vs. defined contributions Two-tier systems “Freezing Plans” (IBM, HP, Verizon, Alcoa, Motorola) Health Insurance Active employees & retirees Plan costs & design Co-pays & cost sharing Hot Topics at the Table

13. FMCS Impact on U.S. Economy • FMCS mediation in CBM disputes saved U.S. workers & businesses $2.3 billion in 2007 by averting or shortening the duration of work stoppages • Prevented an estimated 299 work stoppages in 2007 • Shortened duration of 69 work stoppages in 2007 • Reduced number of lost worker hours by 47.5 million Source: FMCS Economic Model

14. Estimated Direct Financial Impact of Work Stoppages by Year Source: Employment Policy Foundation 2005; FMCS 2006-07

15. Work Stoppages(U.S.)(all size bargaining units) Source: FMCS Case Data

16. Early FMCS Intervention is Key to ReducingWork Stoppage Duration Source: Employment Policy Foundation 2005; FMCS 2006-07

17. Work Stoppage Trends Number of Work Stoppages Ended in Fiscal Year, 1970-2007 Source: FMCS Case Data

18. Alternative Dispute Resolution • 2007 U.S. Statistics • 1,060 assigned cases • Federal agency ADR contracts, public sector and private sector employment mediations

19. A.D.R. Growth(U.S.)

20. Employment Mediation Although the agency provides employment mediation services to the private sector, efforts are concentrated on Federal sector employment mediation. Employment mediation in the private and public sectors are reimbursable activities. We are compensated for travel, delivery and preparation time for each case handled.

21. Mediation Services for Federal Sector, State and Local Governments Outside the collective bargaining arena, FMCS provides employment mediation services to the federal sector and to state and local governments. The Administrative Dispute Resolution Act of 1990, the Negotiated Rulemaking Act of 1990, and the Administrative Dispute Resolution Act of 1996 expanded FMCS’ role as a provider of alternative dispute resolution services.

22. Mediation Services for Federal Sector, State and Local Governments FMCS provides consultation, training, dispute resolution systems design and facilitation services. Our services help you reduce litigation costs and promote better government decision-making.

23. FY 2007 Federal Sector EM Cases

24. FY 2007 Employment Mediation Our Growing Federal Case Load

25. Training Communication Skills Rebuilding Workplace Relationships Basic & Advanced Conflict Management Skills Consensus Building & Working Styles for Team Collaboration Mediation EEO Informal & Formal Grievances Workplace Interventions Public Policy & Community Issues Contract Disputes Organizational Conflict Management Services

26. Organization Enhancements Systems Design for Conflict Management and Resolution Succession Planning Mentoring & Coaching Facilitation Services Work Group Meetings Internal & External Stakeholder Meetings Management & Labor Committee Forums Organizational Conflict Management Services

27. Arbitration Functions • FMCS administers a roster of arbitrators (1,000 experts) • It also provides panels of names for requests from labor and management • It makes sure that the procedures are fair • It has a “Arbitrator Review Board” to deal with any complaints and to decide who is permitted to be on the roster • It provides training for the parties in arbitration and for neutrals who wish to become arbitrators --- this is done through the FMCS Institute.

28. Getting To Yes THE GENERAL PRINCIPLES • Don’t Bargain Over Positions • Separate People From the Problem • Focus On Interests, Not Positions • Invent Options For Mutual Gain • Insist on Using Objective Criteria Fisher and Ury , Getting to Yes

29. Cooperative Relationships Keys To Cooperative Relationships, Of Any Kind COMMUNICATION (Develop joint problem solving teams) COMMUNICATION (Don’t let problems fester) COMMUNICATION (Be honest about issues) COMMUNICATION (Know when to get help)

30. For More Information www.FMCS.gov