3: Resolving Mid-Term Disputes

Resolve contract-based disputes (grievances) that arise during the term of collective bargaining agreements.

Other Information:

Actions: • Increase penetration in groups that have not traditionally used FMCS mediation. • Maintain roster of experienced arbitrators. • Improve all aspects of the referral service. Strategies:• Advocate mediation and arbitration as the preferred methods for settling disputes between parties in a collective bargaining relationship. • Facilitate joint, collaborative problem solving events on an ongoing basis. Expected Outputs: • Increase the proportion of settled grievance mediation cases. • Increase customer satisfaction with quality of arbitration service. Discussion: Grievance mediation, joint problem-solving facilitation, and arbitration are three approaches for resolving disputes that may arise from differing interpretations of a labor contract’s terms and conditions. Grievance mediation and joint problem solving facilitation are voluntary processes that rely upon consensus building. Arbitration is a structured process that provides a final and binding determination. All three approaches are designed to reduce the need for expensive and time-consuming court litigation, and resolve disputes before they negatively affect the collective bargaining relationship.Increasing the Agency’s presence among groups that have not traditionally used its services is one way to build healthier collective bargaining relationships. FMCS’s involvement in these interventions encourages the parties to engage in other collective bargaining activities with less disruption and animosity. Improved settlement rates in contract-based disputes and joint problem-solving cases provide a good indication of how well Agency mediators are able to facilitateagreements. Likewise, favorable customer evaluations of the arbitrator referral service help the Agency improve the quality of the service.

Objective(s):

3.1: Voluntary Resolution

3.2: Arbitration Referral Service

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