Labor-Management
Relations Act of 1947, as amended, Title II, Public Law 80-101,
29 U.S.C. 172; Federal Labor Management Relations Statute, Public
Law 95-454, 5 U.S.C. 7119; Administrative Dispute Resolution Act,
Public Law 101-552, 5 U.S.C. 5571-588; Negotiated Rulemaking Act
of 1990, Public Law 101-648. 5 U.S.C. 561- 570.
To
prevent or minimize work stoppages caused by disputes between labor
and management in industries affecting the free flow of commerce;
to provide mediation assistance in Federal labor disputes; to provide
training and dispute resolution services to Federal agencies.
TYPES
OF ASSISTANCE:
Provision of Specialized Services. Place Cursor Here for Definition
Advisory Services and Counseling. Place Cursor Here for Definition
USES
AND USE RESTRICTIONS:
Actual
services include: (a) Providing mediation assistance to employers
and labor organizations having collective bargaining contract disputes;
(b) providing assistance to companies and their unions in the prevention
of disputes by seeking to improve their day-to-day relationships
and creating a better degree of understanding and cooperation; (c)
providing assistance to companies and labor organizations in the
selection of impartial arbitrators to hear and decide disputes under
collective bargaining agreements. The agency is involved in special
notice and mediation procedures designed to minimize work stoppages
in contract disputes at all private health care institutions throughout
the Nation. The agency has no jurisdiction in railroad and airlines
industries. The agency assists in dispute resolution involving Federal
employees and agencies. The agency assists in dispute resolutions
involving employees of State and local governments where other mediation
services are unavailable and where one or both sides request Federal
Mediation and Conciliation Service assistance. The agency also provides
mediators and conciliators to hear complaints by individuals alleging
age discrimination in federally funded programs; these mediators
and conciliators have 60 days to try to get a satisfactory resolution
of the complaint before the case is returned to the agency responsible
for the funded program. The agency provides mediation to train,
mediate, and facilitate administrative disputes involving Federal
agencies. The agencies assists in the facilitation and mediation
of negotiation and rulemaking for Federal agencies.
ELIGIBILITY
REQUIREMENTS:
Applicant
Eligibility: Employers involved in industries
affecting interstate commerce and related labor organizations. The
Federal Mediation and Conciliation Service (FMCS) may provide its
professional services to settle labor disputes either upon notice
required by law or at the request of the involved parties, or FMCS
may proffer its services on its own motion; in Federal sector, or
Federal unions and agencies.
Beneficiary
Eligibility: Employers involved in industries
affecting interstate commerce and related labor organizations.
Credentials/Documentation:
Contact the Federal agency.
Pre-application
Coordination: Advance notice prior to expiration
of existing contract or reopening thereof, as required by 29 U.S.C.
158 (d) and (g). This program is excluded form coverage under E.O.
12372.
Application
Procedure: Notice (FMCS Form F-7) to the Notice
Processing Unit, Federal Mediation and Conciliation Service, 2100
K Street, NW., Washington, DC 20427. In the alternative, applicant
may submit written request for assistance; for Federal labor dispute
(FMCS Form F-53) to Notice Processing Unit.
Award
Procedure: Not applicable.
Deadlines:
As required by 29 U.S.C. 158(d) and (g), and 5 U.S.C. Section
7119. Contact the Federal agency for more information.
Range
of Approval/Disapproval Time: Not applicable.
Appeals:
Not applicable.
Renewals:
Not applicable.
ASSISTANCE
CONSIDERATIONS:
Formula
and Matching Requirements: Not applicable.
Length
and Time Phasing of Assistance: Not applicable.
POST
ASSISTANCE REQUIREMENTS:
Reports:
Not applicable.
Audits:
Not applicable.
Records:
Not applicable.
FINANCIAL
INFORMATION:
Account
Identification: 93-0100-0-1-505.
Obligations:
(Salaries and Expenses) FY 01 $34,120,000; FY 02 est $34,620,000;
and FY 03 est $36,834,000.
Range
and Average of Financial Assistance: Not applicable.
In fiscal year 2001, 31,295 arbitration panels were submitted to
disputing parties. In fiscal year 2002, it is estimated that 24,000
arbitration panels will be handled.
REGULATIONS,
GUIDELINES, AND LITERATURE:
29 CFR 1400. "Annual Report"; "Securing Labor-Management Peace Through
Mediation"; "FMCS, Its Role in the Health Care Industry"; "Arbitration";
"Mediation and Labor Management Relations in the Federal Service";
"Mediation in Public Sector Labor Management Disputes"; "Mediation
in Age Discrimination Disputes"; and "Labor-Management Committees:
Planning for Progress."
INFORMATION
CONTACTS:
Regional
or Local Office: Interested persons may contact
the appropriate region office for Federal Mediation and Conciliation
Service listed in Appendix IV of the Catalog.
Headquarters
Office: Federal Mediation and Conciliation
Service, 2100 K Street, NW., Washington, DC 20427. Contact: Gary
R. Hattal, Director of FMCS Institute. Telephone: (202) 606-3627;
or Cynthia D. Hedgepeth, Public Affairs Specialist. Telephone:
(202) 606-8091.
