Transcript Labor-Management Committees

Implementing EO13522:
How FMCS Can Help Your
Forum Succeed
NFFE/IAM Region 5 Forest Service Council
Labor/Management Symposium
Reno, NV - October 27, 2010
Allison Beck, Deputy Director
Federal Mediation and Conciliation Service
Washington, DC
[email protected]
TODAY’S GOAL
1. Introduction to FMCS
2. FMCS Federal Sector Work
3. FMCS and EO 13522
4. FMCS Forum Implementation
5. Case Study: NCUA + NTEU
FMCS History
 Pre-1935 and Wagner Act
Great Depression
Millions out of work
No legal right to organize or bargain
Enormous economic instability
Wagner Act 1935
 Collective bargaining best means to:
Foster economic recovery
Build lasting prosperity
Facilitate “a partnership between
industry and labor in the solution of
national problems”
Taft-Hartley Act 1947
 Created FMCS to
Mediate workplace disputes
Prevent strikes
Promote stable L-M relationships
FMCS Mission Expanded
 Civil Service Reform Act (1978)
Resolve federal sector labor
disputes
 LM Cooperation Act (1978)
Facilitate LM Committees
FMCS Today
 In private and public sector:
Mediate disputes
Promote collective bargaining
Encourage stable LM relationships
Facilitate LM committees
FMCS Federal Sector Services
 LM dispute resolution
 Employment mediation
 Training
 Systems design
 Interagency cooperation/collaboration
 Regulatory negotiations
Examples of Agencies Served
 HHS
 Postal Service
 DHS
 Marine Corps
 DOT
 DOD
 USDA
 State
 HUD
 USAID
 Commerce
 EPA
 IRS
 FBI
EO 13522: A New Challenge!
1. Establish “labor-management committees …
to help identify problems and propose
solutions to better serve the public and
agency missions.”
2. Allow pre-decisional involvement in all
workplace matters to the fullest extent
practical
3. Implement permissive bargaining pilots
How Can FMCS Help You?
This Is What We Do!
1. Collective Bargaining Mediation
2. Grievance Mediation
3. Relationship Development & Training
4. Arbitration Services
5. Outreach
6. LM Committee Grants Program
7. Employment Mediation (ADR)
8. International Training & Exchange
9. FMCS Institute for Conflict Management
FMCS and EO 13522
 Outreach to OPM
 Collaboration with FLRA OGC
 Developed 2-day training program
 Day 1: FLRA rights and responsibilities
 Day 2: FMCS intro to forum/relationship development
 May-Sept: 16 regional programs
 Agency-specific programs (15 + ongoing)
 (b)(1) bargaining pilots
 Forum facilitation
 Relationship development!
FMCS Relationship Development
Training Programs (RDT)
 LM Committees/Partnerships
 LM Worksite Committees
 Partners-in-Change
 Relationship-by-Objectives
 IBB/Problem Solving
 Committee Effectiveness Training
 Putting It Back Together
 Facilitation
Ex: Labor-Management Committee Training
 Promote regular communication
 Promote joint understanding of
problems
 Promote decision-making that reflects
interests of all parties
LMC Training Objectives
 Understand benefits of joint committee
 Develop mission for joint committee
 Develop planning strategy for committee
 Learn group interaction techniques:
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Communications and active listening
Consensus decision making
Problem solving
Interest based bargaining/problem solving
LMC Measures of Success
 Top level support from both sides
 Guidelines governing: commitment,
structure, size, meeting organization and
scheduling, agenda development
 Demonstrate support: meet regularly, adhere
to agenda, start with easier issues
 Limit destructive behaviors: gripe sessions,
denigrating importance of issues
Ex: FMCS Facilitation Training
 Convey knowledge, skills, attitudes
needed to facilitate group processes
 Learn skills needed to manage LMC
 Understand working styles,
personality, behavior types
 Learn to plan/facilitate effective
meeting
 Train in-house facilitators
Build Internal Capacity!
Ex: Committee Effectiveness Training
Task Functions:
 Effective planning + meetings
 Group problem solving
 Consensus decision making
 Communications w/constituents
Maintenance Functions:
 Understanding self and others
 Interpersonal skills
 Group dynamics + shared leadership
Consensus Decision Making Module
 LMC decides by consensus not voting
 Process for LM problem solving
 Everyone in group has been heard
 Open discussion & sharing information
 Everyone can live with and support decision
even though it may not be their first choice
Consensus Decision Making Module
METHODS
RESULTS
 Imposed by Authority or
 No Feedback (Assumes
Power
Leader Knows Best)
 Majority Vote
 Splits Group
 Negotiation
 Compromise
 Consensus
 Full Support
4
Consensus Decision Making Module:
Benefits of Consensus
 Decision has been
reached by all group
members
 Acceptance by constituents
will be strong
 Creativity
 Implementation should be
unopposed
 All group members are
engaged, providing
commitment to and
satisfaction with the
process
 Encourages respect,
cooperation, listening and
information sharing
 Post decision ownership
and support
5
Consensus Decision Making Module:
Guidelines for Decisions
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Don't agree too quickly

Don’t trade or bargain
Share information and
ideas

Don’t vote

Treat differences as
strengths

Create a solution that will
be actively supported by
everyone

Test for consensus

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Listen to others
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Offer alternatives
Be open to ideas of
others
8
Consensus Decision Making Module:
Meeting Design

Round tables and mixed seating
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Common understanding of the issue

Agreed upon consensus guidelines
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Practice testing for consensus

Initial use of facilitator
15
Consensus Decision Making Module:
Has Consensus Been Reached?
“Since nobody’s saying
anything, I guess we
have consensus.”
“I don’t particularly
agree, but if that is what
the team wants, I won’t
stand in the way.”
“Everybody in the group
seemed comfortable, so
I guess that’s what
they’ve decided.”
9
CONSENSUS IS
REACHED WHEN YOU
CAN ANSWER…YES:
Can Everyone
Live With
The Decision?
Has Everyone
Been Heard?
Will Everyone
Support the Decision?
10
Consensus Decision Making Module:
Summary of Consensus Benefits

Commitment
 Creativity

Ownership
 Satisfaction
17
A Case Study: NCUA + NTEU Forum
 National Partnership Agreement signed by
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NCUA Chairman + NTEU National President
Regular meetings: LMF + (b)(1) pilot
Neutral location (FMCS) w/ facilitator
Agenda in advance
Much information sharing
Q & A welcomed + encouraged
On-going commitment to training
FMCS Services for Forum Success
 Forum Design:
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Membership
Structure
Ground rules
Logistics
Resources
 Forum Functioning:
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LMC, CET, RDT
Facilitation
IBB/Problem Solving
Consensus
Brainstorming
Communications
LET US HELP YOU SUCCEED!