Legal Definitions - FMCS

FMCS stands for the Federal Mediation and Conciliation Service.

The Federal Mediation and Conciliation Service (FMCS) is an independent agency of the United States government that provides mediation and conflict resolution services to help prevent and resolve labor disputes. Its main goal is to promote stable labor-management relations and minimize the impact of disagreements on the economy and public services. The FMCS offers neutral third-party assistance to unions and employers during collective bargaining, grievance procedures, and other workplace conflicts.

Here are some examples of how the FMCS operates:

• Example 1: Resolving a Contract Impasse

  A major airline and its pilots' union are negotiating a new collective bargaining agreement. After months of discussions, they reach an impasse over retirement benefits and scheduling rules, leading to concerns about a potential strike. Both parties agree to invite an FMCS mediator to facilitate their discussions. The mediator works with both sides, sometimes separately and sometimes together, to explore potential compromises and find common ground, ultimately helping them reach a mutually acceptable contract without a work stoppage.

  This example illustrates the FMCS's core function of providing neutral third-party mediation to help labor and management overcome disagreements during contract negotiations, preventing disruptive strikes or lockouts.

• Example 2: Preventing a Public Sector Strike

  Sanitation workers in a large city are on the verge of striking due to unresolved disputes with the municipal government over hazard pay and staffing levels. The impending strike threatens to disrupt essential public services and create significant health concerns for residents. The mayor's office requests the involvement of the FMCS. An FMCS mediator steps in to guide intensive, round-the-clock negotiations between the workers' union and city officials, helping them bridge their differences and avert a strike just hours before it was scheduled to begin.

  This demonstrates the FMCS's role in intervening in critical labor disputes, particularly in the public sector, to prevent significant disruptions to essential services and the broader community.

• Example 3: Improving Workplace Relations Proactively

  A newly unionized hospital and its nursing staff leadership want to establish a positive and productive working relationship from the outset, rather than waiting for conflicts to arise. They proactively contact the FMCS to request assistance in developing a framework for ongoing communication and collaborative problem-solving. An FMCS representative conducts workshops on interest-based bargaining and conflict management for both management and union representatives, helping them build trust and effective communication channels to address issues before they escalate into major disputes.

  This example highlights the FMCS's broader role in conciliation and preventative measures, offering training and guidance to improve labor-management relations and avoid future disputes, rather than just reacting to existing conflicts.