FMCS Trends & Initiatives

Transcription

1 FMCS Trends & Initiatives ABA ADR in Labor & Employment Law Midwinter Meeting 2013 Commissioner Carolyn T. Brommer FMCS MISSION Promote sound and stable labor-management relations Prevent or minimize work stoppages Advocate collective bargaining, mediation & arbitration Advocate the art, science & practice of ADR Provide conflict resolution services Foster improved labor-management relationships

2 FMCS Structure and Services STRUCTURE Independent Federal Agency Director appointed by the President Headquartered in Washington, D.C. 2 Regions 67 Field Stations Approximately 160 mediators SERVICES Collective Bargaining Mediation Grievance Mediation Relationship Development & Training (RDT) Alternative Dispute Resolution (ADR). Education/Outreach Arbitration Services International FMCS Director George H. Cohen "Waiting until a collective bargaining agreement expires to attempt to resolve the myriad of complex issues facing workers and companies today is a recipe for disaster. The FMCS, therefore, uses a variety of early intervention programs, such as early offers of collective bargaining mediation and ongoing promotion of relationship development programs, to provide labor and management the tools to better manage conflict, and, perhaps most importantly, given these extremely difficult economic times, a new model of proactive outreach and intensive intervention for the most complex and divisive issues and in the most troubled sectors in our economy."

3 Active in High Profile Labor Disputes NFL-NFLRA Lockheed Martin/IAM Verizon-CWA-IBEW Pacific Northwest Grain Handlers & ILWU Maritime Alliance/ILA NHL/NHLPA Among others... Promoting ADR in Federal Sector Contract with NLRB to mediate ULP s Open House for federal agencies promoting ADR (November 2012) 130 attendees from 70 agencies Showcase FMCS services--furtherance of ADR Act of 1996 E.O ongoing training & facilitation TSA & AFGE Reached agreement covering 45,000 TSA employees FMCS provided IBB training & facilitation

4 Rhode Island Public Sector Pension Dispute State reforms in 09 changing service/age for pension eligibility, in 10 limiting COLAs, in 11 capping & suspending COLAs, changing structure of pension to hybrid DB/DC plan Lawsuits filed by teachers, state/muni employees, police & firefighters alleging violations of R.I. constitution (Contract & Takings Clause) (18 unions, legislature, retirees) Superior Court ordered mediation FMCS was asked to mediate, parties agreed Advocating Collective Bargaining Showcase saluting collective bargaining success stories (December 2012) Ford/UAW Kaiser Permanente/Coalition of Kaiser Permanente Unions US Steel/USW Alabama Power/IBEW Major League Baseball/MLBPA Alliance of Motion Picture & Television Producers/SAG/AFTRA Innovating to assist parties in DIFFICULT times

5 International Projects Provide training, mediation, facilitation, & systems design to support labor management relations based on needs, goals & development of individual country (fee & grant-based reimbursement) 2012 projects in Vietnam, China, Morocco, Taiwan, Bangladesh, Egypt, Haiti, Lesotho Ongoing Initiatives Building Relationships and Early Intervention Continued promotion of joint Labor- Management Cooperative Health Care Committees Advancing student achievement through promoting labor management collaboration Arcelor-Mittal & USW LM partnership ongoing training, facilitation & support

6 Arbitration Services FY 2012 Detailed statistics are available at Under WHAT WE DO tab, Go to Arbitration, then Arbitration Statistics FMCS ROSTER OF ARBITRATORS Approximately 1200 Arbitrators 411 Members of the National Academy of Arbitrators 604 Members of the American Arbitration Association 723 Attorneys 8 Certified Industrial Engineers

7 ARBITRATION STATISTICS Panels Issued: , , , ,692 ARBITRATION STATISTICS Average charges: FY12 FY11 Per Diem $1, $ Fees $4, $4, Expenses $ $ Total Charges $ 4, $ 4,428.73

8 ARBITRATION STATISTICS Average Days: FY12 FY11 Hearing time Travel time Study Time Total Time ARBITRATION STATISTICS Types of Cases: FY12 FY11 New or Reopened Contract Terms 24 4 Contract Interpretation or Application Total Cases Reported as Heard by Arbitrators

9 FMCS RECENT RULE CHANGES Failure of arbitrators to report FMCS cases may lead to removal from the Roster. FMCS may withhold panels from parties who do not pay arbitrator fees. Process outlined to submit complaints to FMCS regarding arbitrators. When CBA is silent on method of selection of arbitrator, rules specify a process. UPCOMING PROCESS CHANGES Paper and online systems will be merged. Arbitrators will file reports online. Parties will be able to enter parties (union & management) information and get multiple panels involving different issues, all in one transaction. Look of the forms will be a little different.

10 ARBITRATION SERVICES Office of Arbitration Services 2100 K Street, N.W. Washington, DC (202) arbitration@fmcs.gov For further information on arbitration & all of our services: