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 email@example.com; if unable to do so, you may fax to 202-606-3749, or mail to FMCS Arbitration, 250 E St. SW, Washington, DC 20427). Panel requests submitted online with email panel delivery to both parties cost $30.00. Panel requests submitted via the pdf form, and/or panel requests requiring postal or fax delivery incur a charge of $50.00.
FMCS has three location designations from which parties may select arbitrators:
- Metropolitan (requestor may choose either a 60 or 125-mile radius of the site of the dispute);
- Sub-Regional (within a 250-mile radius of the site of the dispute; or
- Regional (as shown on the arbitration regional map).
- 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.
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.
- Labor Arbitration Information System, Axon Group/LRP Publications, 360 Hiatt Drive, Palm Beach Gardens, FL 33418, (800-341-7874).
- CCH, Inc., Attn: Jackie Salman, 2700 Lake Cook Road, Riverwoods, IL 60015,
- Commerce Clearing House, 10100 Martin Luther King, St. Petersburg, FL 33716, (813) 576-3189 ext. 779.
Notices and Filings FAQs
10 days prior to a union’s intent to strike or picket a health care institution, the union must:
- prepare, in writing, a letter explaining the date and time that the strike or picketing will begin;
- serve it on the employer; and
- send a copy to the FMCS.
90 day notice, in advance of the termination/expiration of the contract, of intent to renegotiate to be given by one party to the other; and
60 day notice, in advance of the termination/expiration of the contract, notifying FMCS and State mediation service of intent to terminate or renegotiate.
NOTE: Once one of the parties sends the 90 day notice, it is the same party that is obligated to send the FMCS the 60 day notice.
For non-health care institutions:
60 days prior to expiration of the current contract, serve written notice on the other party to a contract of proposed termination or modification; and
30 days prior to contract expiration, notify the FMCS of the existence of a dispute if no successor agreement has been reached by then.
If you are unsure whether your institution is a health care or non-health care institution, or you are unsure of your legal requirements regarding notice filing, contact the local NLRB office closest to you.
The Federal Mediation and Conciliation Service Labor-Management Cooperation Grant Program will have $400,000 for grant funding in FY2018.
FMCS will accept applications between March 12, 2018 and May 31, 2018.
Collective Bargaining Mediation FAQs
Alternative Bargaining Processes FAQs
– Critical Issues Bargaining
– Issues and Interests
– Expedited Bargaining
– Interest Based Bargaining
– Affinity Economic Bargaining
Grievance Mediation FAQs
Not every matter is appropriate for grievance mediation. The FMCS reserves the right to decide whether or not it will offer its services. Filing a request with the FMCS does not commit the Agency to offer services. All involved parties must sign the FMCS Grievance Mediation Agreement before a grievance mediation can begin.
Effective Contract Administration FAQs
• 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
Labor-Management Partnership FAQs
Group problem solving
Communicating with constituents
Interest-based problem solving
Effective dialogue management and recording
Understanding yourself and others
Group dynamics and shared leadership
Active listening techniques
• Introduction to LMC/P
• Principles of LMC/P
• Structuring an LMC/P
• Skills Building
• Acquainting the parties with the forces that drive change in a labor-management relationship
• Educating the parties about how joint cooperative approaches may assist them to adapt to change
Organizational Development FAQs
• 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
1. Change must be managed proactively, not passively
2. People must be treated in a fair and positive manner
3. New skills are required for an organization to manage change
With these principles in mind, the Partners-In-Change program is designed as a joint training for an organization’s labor-management leadership, supervisors, and stewards. An organization’s labor relations professionals and union representatives, individuals who handle labor issues face-to-face, should be involved. Additionally, 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 entire program.
Repairing Broken Relationships FAQs
• 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
Administrative Program Dispute FAQs
• Team and workgroup facilitation
• Small or Large Group Problem-Solving
• Agency Cooperation and Collaboration
• Negotiated Rulemaking
• Public Policy Dialogues
Dispute Resolution Systems Design FAQs
Regulatory Negotiations FAQs
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.