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Filing a Notice to Mediation Agencies (F-7) with FMCS

Your Collective Bargaining Agreement is going to expire in 60 days.  Now what?
 

The National Labor Relations Act requires that employers or the representative of the employees who are covered by a collective bargaining agreement provide written notice to the other party 60 days prior to the expiration date of a proposed termination or modification of a collective bargaining agreement. The Act also calls for notice to be provided to FMCS.
 

Where to file
A completed Notice to Mediation Agencies (F-7) may be submitted to the FMCS Notice Processing Unit by:

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Online: You can fill out the Notice to Mediation Agencies (F-7) form online by clicking here
Once this form is filed electronically, do not fax or mail a copy to FMCS. The data has been captured.
Mail: Download and complete the FILLABLE Notice to Mediation Agencies (F-7) (Updated: Oct. 2009)  and mail to the Federal Mediation and Conciliation Service, Notice Processing Unit, 2100 K Street NW, Washington, DC 20427.
Fax: You can fax the form to 202-606-4253. (Do not mail and fax the form.)
Instructions for completing the form are located on the back (for paper version) and on page 2 of the electronic version of the Notice to Mediation Agencies (F-7) form.

A completed F-7 form should also be submitted to the opposite party in negotiation, and, if applicable, the state or territorial mediation agency 60 days prior to contract expiration date. Click here for a listing of State Labor Relations and Mediation Agencies and Boards. Please be sure to retain a copy for your records.

Multiple Filings.  If you are filing multiple notices for the same union or employer group, please call (202) 606-5499 for instructions. The staff will inform you of the proper and least burdensome method to accomplish your filing. For example, a list of employers who are bargaining as an association can be attached to a single Form F-7 (Notice to Mediation Agencies). The list should include the name of the contact person, address and phone number for each employer. Mail the form and list to: FMCS, Notice Processing Unit, 2100 K Street, N.W., Washington, DC 20427.

Has a notice been filed?
You may call  the FMCS Notice Processing Unit at (202) 606-5499 to find out if a notice has been filed.

Why file a F-7 notice with FMCS?
Under the National Labor Management Relations Act, 1947, 29 U.S.C. § 158(d)(3), Congress listed specific notice provisions creating a duty to bargain collectively so that no party to a collective bargaining agreement could terminate or modify that contract, unless the party wishing to terminate or modify the contract sends a written notice to the other party, sixty days prior to the expiration date (Section 8(d)(1)) and offered to meet and confer with the other party for the purpose of negotiating a new or modified contract (Section 8(d)(2)).

Furthermore, the Act requires that the party notify the Federal Mediation and Conciliation Service within thirty days after such notice of the existence of a dispute and simultaneously notify any State or Territory where the dispute occurred (Section 8(d)(3)). The 1974 amendments to the NLRA, which extended coverage to nonprofit health care institutions, also created a notification procedure in the health care industry requiring parties to notify each other 90 days in advance of termination and 60 days to the mediation service. This amendment also required notification of initial bargaining situations (notification of the existence of a dispute) to the FMCS, within 30 days. The F-7 notices fulfill the requirement to notify FMCS under Section 8(d)(3) of the NLRA as well as provide information critical to FMCS. 

The F-7 form was created to establish conformity throughout interstate commerce, to allow FMCS to gather desired information in a uniform manner, and to facilitate handling of more than 18,000 Section 8(d)(3) notices a year. The collection of such information, including the name of the employer or employer association, address and phone number, e-mail address, official contact, bargaining unit and establishment size, location of affected establishment and negotiations, industry or type of business, principal product or service, union address, phone number, e-mail address and official contact, contract expiration date or renewal date, whether the notice is on file on behalf of the employer or the union, and whether this is a health care industry notice for initial contracts, is critical for reporting and mediation purposes.

What happens once the notice is received by FMCS?
Upon receipt of the F-7, FMCS’ Notice Processing Unit (NPU) inputs the information about the impending contract terminations or modifications into FMCS’ electronic information system. The information from the F-7 is sent electronically to the appropriate field manager who assigns the cases to the mediator so they may contact labor and management quickly, efficiently, and offer their dispute resolution services, where applicable. 

FOIA
Any member of the public may make a request in writing under the Freedom of Information Act for a copy of the notice filed with FMCS, thus, providing the parties and the interested public with a uniform means to ascertain whether and when notice was given to FMCS. Under the Freedom of Information Act (FOIA), you must submit a written request to Notice Processing Unit to obtain a copy of a F-7 (Notice to Mediation Agencies). Be sure to include “FOIA REQUEST” in your letter. If the notice is available under FOIA, please allow up to twenty (20) business days for processing.

For Frequently Asked Questions about FMCS notices and filings, and issues that involve the NLRB, please click here.





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