Documents/FMCS/1: Mediation/1.1: Collective Bargaining

1.1: Collective Bargaining

Use of FMCS collective bargaining mediation by labor and management leaders.

Other Information:

Action: • Early intervention activities, particularly in initial contracts, the health care industry, and large and high-impact bargaining units. Strategies: • Encourage labor and management leaders to employ mediation in their contractnegotiations. • Assist parties with problem solving activities during the term of the agreement. Expected Outputs: • Increased mediator case activity rates. • Increased proportion of cases with meetings held prior to contract expiration date. Discussion: Collective bargaining mediation represents the core of the Agency’s mission and its most publicly visible work. In 2005, an independent study conducted for the Agency found that mediation prior to a contract’s expiration date significantly reduces the duration of any work stoppage that occurs. Previously, three separate studies of matched bargaining pairs found that FMCS mediation was also an important factor in preventing work stoppages from occurring in the first place. As a result of these studies, the Agency believes that early and ongoing contact with the parties to a labor contract negotiation is imperative in reducing the number and duration of work stoppages. This is particularly true in collective bargaining cases that involve: an initial contract; national security; the health care industry; large bargaining units or in those cases that have the potential for permanent shutdowns or disruptions to the community, work force, or interstate commerce. The Agency evaluates its success in these areas by looking at how many negotiations use mediation services, whether or not a work stoppage occurred, the duration of any stoppage, and the timing of mediators’ involvement. On an aggregate basis the Agency also estimates the financial cost of work stoppages that actually occur and the value of work stoppages that its mediators are able to prevent or shorten.

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