Legal Definitions - Federal Mediation and Conciliation Service

The Federal Mediation and Conciliation Service (FMCS) is an independent agency of the U.S. government. Its primary purpose is to help prevent and resolve disputes between employers and labor unions. The FMCS achieves this by providing neutral mediators and conciliators who assist both parties in reaching voluntary agreements, thereby avoiding work stoppages like strikes or lockouts that could disrupt commerce. The agency can offer its services proactively or at the request of either the employer or the union. Beyond direct mediation, the FMCS also helps organizations find qualified, impartial arbitrators to resolve specific issues.

Here are some examples of how the Federal Mediation and Conciliation Service might be involved:

• Imagine a major automotive manufacturing plant where the collective bargaining agreement between the company and the workers' union is about to expire. Negotiations for a new contract have stalled over disagreements regarding wages, healthcare benefits, and pension plans. Both sides are at an impasse, and the union has threatened a strike, which would halt production and impact the national supply chain. In this scenario, either the company or the union could request assistance from the FMCS. The agency would then assign an experienced mediator to facilitate discussions, help identify common ground, and guide the parties toward a mutually acceptable resolution, preventing a costly work stoppage.

• Consider a large regional airline facing contentious negotiations with its pilots' union. The union is advocating for better working conditions and revised scheduling rules, while the airline is focused on cost-cutting measures. As the deadline approaches, communication breaks down, and the possibility of a pilot strike looms, threatening widespread flight cancellations and significant inconvenience for travelers. The FMCS might intervene on its own initiative, recognizing the potential disruption to interstate commerce. An FMCS conciliator would work with both the airline management and union representatives, helping them to communicate more effectively, explore creative solutions, and ultimately reach an agreement that keeps flights operating smoothly.

• A chain of grocery stores and its employees' union are in a dispute over the implementation of new technology that could automate some job functions, leading to potential layoffs. The union is concerned about job security, while the company argues for efficiency improvements. The disagreement is complex and highly emotional, making direct negotiations difficult. The FMCS could be called upon to provide a mediator who specializes in technology-related labor issues. This mediator would help the parties navigate the complexities, ensuring that both sides' concerns are heard and understood, and assisting them in crafting a solution that balances the company's operational needs with the employees' job security and fair treatment.