FMCS and Collective Bargaining: Mediation Dynamics in Collective Bargaining An Insider s View

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1 FMCS and Collective Bargaining: Mediation Dynamics in Collective Bargaining An Insider s View 1

2 2 Statutory Mission 1947:Created as an Independent agency under Taft-Hartley Act Neither a regulatory nor an enforcement agency, but a neutral designed to assist Labor & Management Resolve collective bargaining disputes which threaten the free flow of commerce Purpose: Make available full and adequate government facilities for conciliation, mediation and voluntary arbitration to aid and encourage [the parties] to settle differences through collective bargaining

3 3 FMCS Mission Promote sound and stable labor-management relations; Prevent or minimize work stoppages; Advocate collective bargaining, mediation, arbitration; Advocate the art, science and practice of ADR; Provide conflict resolution services; Foster improved labor-management relationships

4 4 Providing Mediation Unions/Employers must provide notification to FMCS about intent to bargain a successor agreement Once a notification form the parties is received the case is assigned The mediator monitors case and enters negotiations as needed

5 Recent High Profile Cases- 5

6 6 Who are the Players in Collective Bargaining? Union Representatives Employer Representatives Committee Members (Employer and Union) The Public - John Q. Third Parties Political and Governmental Entities

7 7 Union and Employer Representatives Union Representative Elected to their position Manage employee expectations Responsible to the Local and the International Union Results are Democratically adopted Employer Representative Appointed to their position Part of Line Supervision Manager/Owner Has final say

8 8 Employer and Union Committees Union Committee Generally elected to the position Represent the interest of other unit employees Generally very involved with the Union Employer Committee Appointed by management Represent a variety of areas within the Management Hierarchy HR person generally included in or to head-up the team

9 9 The Public and Third Parties Third party beneficiaries are impacted The public who receive services or product are impacted Governmental / elected officials

10 10 Collective Bargaining Dynamics Inner working of a Union Elections are won by increasing expectations Agreements are reached with compromise International Union s Agenda Union Committee What about me member Level of familiarity with process Compromising /Mutual gain Trust vs. Leverage/Conflict

11 11 Collective Bargaining Dynamics Inner working of Employer Current Financial Non Unionized employees View Future Earnings Employer Committee Take it personal Motivation for union demands Baffled over union s unrealistic proposal

12 12 Bargaining Table Interactions and the Dynamics of a Dispute Relationship deficiencies Perspectives/Perceptions Communications challenges Listening Shortfalls Non-Verbal interactions Transformations in the industry New Regs. / External Transformations Inter-committee political and communication dynamics Rigidity of Positions vs. needs

13 13 Leverage within Collective Bargaining Union Threat of a strike Strike Media Public Informational Picketing/Leafleting Information Request Legal

14 14 Leverage within Collective Bargaining Employer Threat of a lockout Lockout Legal Impasse & Implementation Media Other Economic consequences Moving the facility Off-shoring

15 15 The Mediators Perspective Techniques/Tools in Collective Bargaining Overview A Process and a Guide Communication Enhancer Reality Pill Side Bars

16 16 Who s the Boss of the Process The Mediator provides the procedural structure After establishing joint ground rules, the mediator enforces the rules Controls how the meeting will proceed

17 17 Footer Text 10/29/2013 Shuttle Diplomacy Goal = Finding Common Ground Creativity to address interests Enhancing Understanding Attempting to get facts and develop understanding When reality back fires Impact on the messenger (mediator) Building Rapport Confidentiality /Trust

18 18 Communication Enhancer Focus on the Interests Ask the parties what they heard from each other Ask the parties how they can accommodate the other party s needs Move them from positions to problem solving

19 19 Reality Testing Ask questions Ask what could happen if the parties fail to reach an agreement Provide information about trends and similar bargaining units Testing the validity of their demands

20 20 Side Bars Off the Record Insight that may not come out during a regular session Opportunity to establish trust among parties Provide suggestions and creative options for the parties No commitment or claims of reneging

21 21 The Ineffective Mediator Less Useful Techniques I know how to do this better than you Telling party that they are right/wrong Not providing all the information Allowing parties to dominate the process, violate the ground rules or use unethical behavior

22 22 I know better than you As a third party you have perspective, BUT Put yourself in their position doesn t always work Not your job

23 23 Telling party that they are right/wrong Mediator not an arbitrator Advice-giving not your role All the facts may not have been shared or not apparent Taking away responsibility from the parties

24 24 Not providing all the information You are the gatekeeper of information A deal is not worth loss of neutrality The parties have a relationship

25 25 Post Negotiations Encourage continued dialogue Provide training on improving relationship Suggest formats to deal with issues during the term of the contract

26 26 Your Thoughts Is Mediation in Collective Bargaining Different Than What You Do? If you were to do mediation in a unionmanagement arena would your techniques be different?

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