FAQs

Arbitration FAQs
Notices & Filings FAQs
Collective Bargaining Mediation FAQs
Bargaining Processes FAQs
Grievance Mediation FAQs
Effective Contract Administration FAQ
Organizational Development FAQ
Labor-Management Partnership FAQ
Repairing Broken Relationships FAQ
Workplace Mediation FAQ
Facilitation FAQ
Dispute Resolution Systems Design FAQ
Regulatory Negotiations FAQ
Public Policy Dialogues FAQ

Arbitration FAQs

Go to https://arbitration.fmcs.gov, login (or register as a “panel requestor” if you do not have a login) and provide the information for the request. Once you click “submit,” your request will be processed very quickly. (Note: If there are special requirements, agreed upon by both parties, that are not options on the online system, you will need to download the PDF version of the R-43 form found in our Resource area and fill it in. If using the PDF, please scan and submit to arbitration@fmcs.gov. Panel requests submitted online with email panel delivery to both parties cost $100.00. Panel requests submitted via the PDF form, and/or panel requests requiring postal or fax delivery incur a charge of $175.00.

The fee for supplying a specified list of arbitrator biographies other than through a panel request is $175.00 (Note that such a list does not open a case and FMCS has no further involvement in the case).

The fee for opening a case and requesting a panel of arbitrators submitted through our online system is $100.00.

The fee for requesting a panel for “manual” processing by our staff is $175.00.

The fee for making a direct appointment, if a specific arbitrator is requested by both parties, is $100.

More information can be found here: https://www.fmcs.gov/services/arbitration/

FMCS has three location designations from which parties may select arbitrators:

  1. Metropolitan (requestor may choose either a 60 or 125-mile radius of the site of the dispute);
  2. Sub-Regional (within a 250-mile radius of the site of the dispute; or
  3. Regional (as shown on the arbitration regional map).
  4. Nationwide panels may be specified only by express agreement of both parties and must be processed by FMCS staff.

Note: If there are not a sufficient number of arbitrators based on geographic and other specifications, the system will notify and allow the requestor to bump up to the next larger geographic area

.

The parties must inform FMCS of their mutual selection (through striking of names or otherwise); if the parties use a “priority ranking” method, each party must provide FMCS with their ranked list of preferred choices (“Priority Ranking”) so that we may determine the highest jointly-ranked arbitrator. (You must submit your contract language if you use the Priority Ranking method.) We will then appoint the arbitrator and instruct him/her to contact the parties and arrange for a hearing date. (FMCS Rules require that arbitrators contact the parties within 14 days of their appointment to schedule a hearing.) The arbitrator works directly with the parties to schedule a hearing date.

The Case Administrator who is identified on the panel sent to the parties is the person to contact regarding any questions concerning your arbitration panel. Contact the Supervisor of Case Administrators or the Director of Arbitration regarding more complicated matters or with complaints about FMCS services.

To be admitted to the Roster, an applicant must be experienced, competent, and acceptable in decision-making roles in the resolution of labor disputes. Applicants must a detailed application, five labor arbitration awards, and five references. In lieu of the five awards, qualified applicants could successfully complete the FMCS “Becoming a Labor Arbitrator” training course, sponsored by the FMCS Institute, within five years immediately preceding the date of application, and submit two arbitration awards as described above. This 40-hour course is geared toward labor management practitioners with substantial experience in labor relations and collective bargaining disputes who wish to become labor arbitrators.   For more details on application and admission to the Roster, see the Information on joining the Arbitrator Roster.

Yes, this is called a direct appointment by joint request. The charge for this service is $100.

Among the sources are:

  1. Labor Arbitration Information System,  https://store.legal.thomsonreuters.com/law-products/Case-Law/Labor-Arbitration-Information-System/p/100024501
  2. Wolters Kluwer, https://law-store.wolterskluwer.com/s/product/labor-arbitration-awards-elibrary-1960present3-mo-subvitallaw-3r/01t0f00000J4aEeAAJ
  3. Bloomberg Law, https://pro.bloomberglaw.com/insights/labor-employment/labor-arbitration-law/

FMCS rules require an arbitrator to contact the parties within 14 days of the appointment to schedule a hearing. Arbitrator decisions are to be made no later than 60 days from the date of the closing of the record, as determined by the arbitrator, unless otherwise agreed upon by the parties or specified by the collective bargaining agreement or law. Also, arbitrators must notify the parties of any delay in rendering the decision and request an extension. Arbitrators are also required to notify FMCS as soon as they know they must seek a delay.

The parties should notify FMCS of an arbitrator appointment so that the agency can intervene on the party’s behalf should there be delays by the arbitrator in scheduling or rendering a decision or allegations of violations of FMCS Arbitration Policies and Procedures and The Code of Professional Responsibility for Arbitrators of Labor-Management Disputes. FMCS has no authority to get involved in “private” arbitration matters, even if the arbitrator serves on the FMCS Roster.

FMCS does not support parties withholding payments to arbitrators if the case is appealed. If the collective bargaining agreement stipulates, “loser pays all” FMCS’ position is that it is the responsibility of both parties to ensure that the arbitrator is paid once the decision is rendered.

FMCS strongly encourages the parties to inform FMCS of arbitrators who have not delivered an award within 60 days of closing of the record or within the timeframe otherwise provided in the collective bargaining agreement or by mutual agreement of the parties. The Agency will not disclose to the arbitrator which party lodged the complaint.

FMCS strongly encourages a party or parties to an FMCS case to notify the agency if they believe an arbitrator may have violated either the FMCS Arbitration Policies and Procedures or The Code of Professional Responsibility for Arbitrators of Labor-Management Disputes. To discuss your concerns, you may contact Karen Pierce, the Supervisor of Arbitration at 202-606-3672. To file a formal, written complaint, please send your complaint to the Director of Arbitration: Email: arbtration@fmcs.gov. You must cite the section of the Code or FMCS policy you believe the arbitrator has violated. All complaints are carefully examined and may be referred to the Arbitrator Review Board.

Notices and Filings FAQs

In the private sector, no modification or termination of an existing collective bargaining agreement is permitted unless the party wishing to modify or terminate notifies the other party at least 60 days prior to expiration and, within 30 days after notice to the other party, notifies FMCS and applicable state mediation agencies. When a healthcare institution is involved, the notice times are extended to 90 and 60 days respectively. Also when a healthcare institution is involved, where the bargaining is for an initial agreement following certification or recognition, at least 30-days-notice of the existence of a dispute must be given by the labor organization.

FMCS regulations require that the notices to us be in writing. FMCS provides a form (F-7) for the required notification and it is easy to submit it online at https://www.fmcs.gov/f-7-notice-submission-form/.

Section 8(d) of the National Labor Relations Act requires parties to a contract to notify the FMCS of upcoming contract expiration.

Section 8(g) of the Act requires 10 day notification of intention to strike or picket any any health care institution. This includes picketing of any kind, or short-lived work stoppages. The purpose of this provision is to allow the health care institution sufficient time to plan for patient care and to give mediation agencies an opportunity to resolve the dispute before patient care is adversely impacted by a work stoppage.

10 days prior to a union’s intent to strike or picket a health care institution, the union must:

  1. prepare, in writing, a letter explaining the date and time that the strike or picketing will begin;
  2. serve it on the employer; and
  3. send a copy to the FMCS.

Because of the legal issues involved in an 8(g) case, we cannot tell you whether your notice was timely filed. We can tell you whether we are in receipt of the notice, and inform you of the date we received it.

Collective Bargaining Mediation FAQs

Under the Labor-Management Relations Act of 1947, FMCS provides free mediation services in contract negotiation disputes between employers and their unionized employees.

Collective bargaining mediation is the voluntary process in which a third-party neutral assists labor and management in to reach agreement on a negotiated collective bargaining agreement.

FMCS mediators communicate with both labor and management parties to a collective bargaining agreement prior to the start of negotiations. This communication begins when one or both of the negotiating parties files an F-7 Notice of Bargaining, a legally-required notice of intent to open a collective bargaining agreement. At the request of both parties a mediator can provide assistance.

During negotiations, a mediator uses his/her knowledge of the industry, similar negotiated settlements, the parties, and the issues to guide negotiators past potential barriers to settlement. Mediators may offer procedural or substantive suggestions and recommendations throughout the process. However, a mediator does not have authority to impose a settlement or to determine contract terms.

No. The FMCS receives appropriated funding to provide its labor-management services. There is no charge to the parties for collective bargaining mediation.

Yes. FMCS mediators are well versed in a number of alternative bargaining models, including: Modified Traditional Bargaining, Issues and Interests Bargaining, Critical Issues Bargaining, Expedited Bargaining, Interest-Based Bargaining, and Affinity Approach Economic Bargaining. If you are interested in using an alternative approach in negotiations, contact a mediator to discuss which method will be most productive for your negotiations.

Under no circumstances will a mediator testify at any proceeding (court, administrative, or arbitration) about any discussions that occurred during mediation. This is the case with collective bargaining mediation, or mediation of grievances, or employment disputes. Even if a subpoena is served, the FMCS will move to quash the subpoena and will engage in every effort to avoid testimony of mediators at any proceeding.

No. A mediator will not speak to any investigator from any state or federal agency inquiring about the content of a mediation in which he/she was involved.

If you have any concerns regarding a mediator, please contact the Field Operations Manager in the mediator’s region. The Field Operations Manager will respond to you.

Bargaining Processes FAQs

-Traditional Bargaining

Alternative models include:

-Interest-Based Bargaining
-Affinity Bargaining
-Hybrid models

No. The FMCS receives appropriated funding to provide its labor-management services. There is no charge to the parties for collective bargaining mediation using any model or training associated with any bargaining model.

In general, alternative bargaining methods can save time due to expedited elements of the process. However, each negotiation situation is unique, and models can be adapted to the timeframe available.

FMCS will conduct an assessment to determine an appropriate bargaining model.

Grievance Mediation FAQs

In grievance mediation, parties are responsible for determining the resolution of the matter at hand. Rather than making a binding decision as an arbitrator would, a mediator guides parties to their own mutually acceptable resolution of the grievance by identifying the underlying interests of labor and management and exploring potential avenues of settlement.

Many collective bargaining agreements provide for grievance procedures culminating in arbitration. Grievance mediation is a voluntary step that can be utilized at any time before arbitration upon mutual agreement of the parties.

Grievance mediation is a mechanism used to resolve a variety of disputes deriving from the collective bargaining agreement such as disciplinary actions. Grievances are not an opportunity to renegotiate the collective bargaining agreement.

Parties engaging in open honest dialogue with a mediator about their positions, interests, and goals will enhance the grievance mediation process.

FMCS provides joint labor-management training that can assist the parties in their knowledge and expectations of the grievance mediation process.

Labor or management can contact the FMCS Field Operations Manager or mediator in your area to request grievance mediation. Not every matter is appropriate for grievance mediation. The FMCS reserves the right to decide whether or not it will offer its services. All involved parties must sign the FMCS Grievance Mediation Agreement before a grievance mediation can begin.

No. Grievance mediation occurs as a supplemental step in a contractually-negotiated grievance procedure. By contrast, workplace mediation may pertain to a discrimination or other workplace complaint outside the context of a collective bargaining agreement.

No. Grievance mediation occurs as a supplemental step in a contractually-negotiated grievance procedure. By contrast, workplace mediation does not involve a grievance. Instead, it may pertain to a discrimination or other workplace complaint outside the context of a collective bargaining agreement.

Effective Contract Administration FAQs

FMCS contract administration training is tailored to the specific needs of the requesting parties. Topics often included are:
• Leadership Roles and Responsibilities
• History of Labor-Management relations
• Collective Bargaining
• 7 Tests of Just Cause & Past Practice
• Contract Administration Roles and Responsibilities
• Grievance Mediation and Handling
• Fostering Labor-Management Dialogue
• Arbitration

The FMCS recommends labor-management groups jointly attend this and all trainings. However, understanding this is not always possible contract administration training can be delivered to stewards and supervisors together or separately. The program can be tailored to suit those in a new bargaining relationship or negotiating an initial contract, new leaders in an existing labor-management relationship, or experienced labor-management partners interested in a skills refresher and an update on the latest developments in administrative practices.

No. The FMCS receives appropriated funding to provide its labor-management services. There is no charge to the parties engaged in a labor-management relationship for the FMCS training.

Both the subject matter and the timeframe for this training can be tailored to the needs of the parties. Typically, contract administration training will take 4-6 hours.

Labor-Management Partnership FAQs

FMCS Labor-Management Training is a program designed to help labor-management groups collaborate in order to work more efficiently.

Program topics will be determined by discussions with potential participants and a needs assessment. Core topics include:
 Effective planning
 Effective meetings
 Brainstorming
 Group problem solving
 Consensus decision-making
 Communicating with constituents
 Interest-based problem solving
 Effective dialogue management and recording
 Understanding yourself and others
 Interpersonal skills
 Group dynamics and shared leadership
 Active listening techniques
 Action planning

Organizational Development FAQs

FMCS mediators conduct needs assessments to determine organizational development needs. Incorporating the needs and goals of the organization, recommended steps may include:

• Analyzing the organization’s current cultural, political, and technical systems
• Exploring the elements of a high-performance workplace
• Identifying separate and joint-held perceptions of the organization
• Creating a joint vision of the future
• Initiating a joint change process
• Developing necessary skills to bring about the desired change

An organization’s labor relations professionals, union representatives, and individuals who handle labor issues face-to-face should be involved. Due to the visioning and planning components of the program, it is essential that an organization’s top labor and management decision-makers participate in the program.

Repairing Broken Relationships FAQs

When parties describe their relationship as irreparably damaged but are willing to take steps to repair their relationship.

Program topics will be determined by discussions with potential participants and a needs assessment. Incorporating the needs and goals of the participants, program delivery will include:
• Introduction to the RBO process
• Identification of viewpoints, concerns, and conflict
• Skills building
• Transforming viewpoints and concerns into action
• Developing an action plan
• Identifying mutual next steps

Through comprehensive training modules and structured interaction, the parties identify specific problem areas and develop mutually agreeable objectives to address identified issues. Based on these mutually identified objectives facilitators assist the parties to establish a functional relationship that can be implemented in the workplace.

Workplace Mediation FAQs

The FMCS does not receive appropriated funding for workplace mediation. An Agency will be charged only for the mediator’s professional time and expenses associated with service delivery. Agencies must enter into an inter-agency agreement with FMCS that will determine the cost of service.

Workplace mediation may involve any dispute outside a collective bargaining relationship suited to mediation. Examples of such disputes include discrimination complaints, interpersonal conflicts, and team conflicts. In contrast, FMCS grievance mediation services involve the mediation of an active grievance in a collective bargaining agreement.

Facilitation FAQs

FMCS facilitators rely on their expertise with communication principles, interest-based problem solving, and dispute resolution. Facilitators keep groups working toward group goals, maintain focused group conversation, monitor adherence to group rules of engagement, and frame, paraphrase, clarify, and synthesize group ideas.

FMCS offers facilitation for:
• Workforce Engagement
• Leadership Alignment
• Team and workgroup facilitation
• Small or Large Group Problem-Solving
• Agency Cooperation and Collaboration
• Negotiated Rulemaking
• Public Policy Dialogues

If a facilitation involves labor-management partners and a dispute that will potentially impact a labor-management relationship FMCS appropriated funds covers the cost of the facilitation services. However, if the facilitation occurs outside a labor-management relationship, the FMCS does not receive appropriated funding. In these instances, an agency will be charged only for mediator professional time and expenses associated with the delivery of mediation services. Mediator professional time is charged at a rate of $800/day or $130/hour based on an inter-agency agreement between the FMCS and a requesting agency.

Dispute Resolution Systems Design FAQs

Mediators begin with a needs assessment, diagnosis, and, ideally, a site visit. A systems design will also include a “procedures audit,” to study how issues and problems are currently resolved within an organization, available improvement paths, and a detailed plan for the implementation, maintenance, and evaluation of a new dispute resolution system.

The FMCS does not receive appropriated funding for the dispute system design services it provides. An Agency will be charged only for the mediator’s professional time and expenses associated with the delivery of mediation services on an inter-agency agreement with FMCS that will determine the cost of service.

Regulatory Negotiations FAQs

In the 1980s, FMCS facilitated the first regulatory negotiation; the negotiation involved the Federal Aviation Administration. FMCS involvement in regulatory negotiations, as a convener and facilitator, expanded throughout the decade, with the Agency facilitating negotiations at the Department of Transportation, the Department of Agriculture, the Department of Labor, and other federal agencies. This year, the FMCS facilitated a rulemaking at the Department of Energy that resulted in the largest energy-savings from a single DOE rulemaking in history.

The Negotiated Rulemaking Act of 1990 and the Administrative Dispute Resolution Act of 1996 authorize the FMCS to provide its mediation and facilitation services to improve government operations and to assist agencies in regulatory negotiations.

In traditional rulemaking, agency personnel draft a new regulation with minimal outside input and publish the draft regulation in the Federal Register for public comment. This process often leads to criticism of the proposed rule and legal challenges by those impacted.

By contrast, in the regulatory negotiations stakeholders potentially impacted by a regulation collaborate with a regulatory agency to negotiate a proposed rule or regulation by consensus. Bringing interested stakeholders into the process of rule creation assists in the drafting of an efficient and effective rule. Additionally, since stakeholders who will be regulated have taken part in the negotiation process, subsequent legal challenges of a rule are less common.

Public Policy Dialogues FAQs

FMCS is often called upon to facilitate public policy discussions under the Federal Advisory Committee Act (FACA). This Act established a wide array of public-private stakeholder advisory committees intended to discuss public policy concerns and to inform public policy decision makers as well as establish and oversee meeting processes.