FAQs

Arbitration FAQs
Notices & Filings FAQs
Collective Bargaining Mediation FAQs
Bargaining Processes FAQs
Grievance Mediation FAQs
Organizational Development FAQ
Labor-Management Partnership 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.

No. FMCS does not issue arbitration decisions, and arbitrators are NOT FMCS employees.

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.  For more details on the 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 FMCS Office of Arbitration,  Email: arbitration@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/collaborative bargaining models, including: Modified Traditional Bargaining, Interest-Based Bargaining, Affinity Approach Economic Bargaining, and others. If you are interested in using an alternative/collaborative 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.

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.

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.