FEDERAL MEDIATION AND CONCILIATION SERVICE

FISCAL YEAR 2024

Congressional Budget Submission

Submitted to the

Congress

March 13, 2023

i

FEDERAL MEDIATION AND CONCILIATION SERVICE

FISCAL YEAR 2024

Congressional Budget Submission

Table of Contents

I. Executive Summary.....................................................................................................1

Budget Request Overview.................................................................................................2

Rising to the Challenge of the 21st Century Workplace .................................................2

II. Program Structure and Service Descriptions.............................................................5

Collective Bargaining Mediation......................................................................................6

Early Intervention ..............................................................................................................6

Collective Actions..............................................................................................................7

Relationship-Development and Training .........................................................................7

Grievance Mediation..........................................................................................................8

Alternative Dispute Resolution (ADR) Services to Government...................................9

Systemic Interventions.....................................................................................................10

Arbitration Services.........................................................................................................11

FMCS Institute for Conflict Management......................................................................11

International Training and Exchange..............................................................................11

Labor-Management Committee Grants..........................................................................12

Accountable Government................................................................................................12

Customer Experience and Digital Service Delivery ......................................................12

Diversity, Equity, Inclusion and Accessibility (DEIA).................................................13

Retaining Records and Safeguarding Information.........................................................13

Cybersecurity ...................................................................................................................13

Expanded Hiring Practices and Managing Performance...............................................14

Promoting Employee Engagement .................................................................................14

Conclusion........................................................................................................................15

III. Appropriation Language ...........................................................................................17

IV. FMCS Organizational Chart .....................................................................................18
ii

V. Statutory and Other Legal Authority ....................................................................... 19

VI. Budget Tables and Detailed Financial Requirements............................................. 23

VIII. Workload Projections–2023 and 2024..................................................................... 31

IX. Annual Performance Plan......................................................................................... 35

Strategic Goal #1: Efficiently provide top-tier conflict management and prevention 

services.......................................................................................................................... 37

Strategic Goal #3: Improve communication both internal and external to FMCS...... 41

Strategic Goal #4: Prioritize lifelong learning in support of agency mission and 

individual professional development.......................................................................... 42

Stewardship Goal #1: Effectively manage human capital............................................ 43

Stewardship Goal #2: Ensure responsible financial management................................ 45

Stewardship Goal #3: Optimize information technology investments to improve 

process efficiency and foster innovation in support of program mission goals....... 46

Stewardship Goal #4: Protect the safety and integrity of our human, physical, and 

digital assets.................................................................................................................. 47

Stewardship Goal #5: Maximize available resources through effective procurement 

management and inventory control............................................................................. 49
1

Fiscal Year 2024 Budget Request

I. Executive Summary

Seventy-five years ago, Congress created the Federal Mediation and Conciliation 

Service (FMCS) through the Labor-Management Relations Act of 1947 (Taft-Hartley)

amendments to the National Labor Relations Act (NLRA) as an independent agency of the 

federal government. Congress charged FMCS with preventing and minimizing labormanagement disputes affecting interstate commerce by providing mediation, conciliation, 

and voluntary arbitration services. In 1978, and again in 1990, Congress expanded 

FMCS’s mission to include: resolving federal sector labor disputes; encouraging labormanagement cooperative activities; resolving disputes arising out of grants, contracts, 

licenses, or other agency administrative actions; and assisting in the negotiated rulemaking 

process.

Congress had the wisdom and foresight to recognize that although workplace conflict is 

inevitable, disruptive work stoppages, dysfunctional labor-management relationships, and 

protracted disputes need not be. Through FMCS, the federal government plays a critical 

role in strengthening America’s private sector and federal workplaces by providing limited, 

voluntary, and strategic assistance that minimizes or averts the adverse economic impacts 

of conflict. More importantly, an environment of thriving labor-management relationships, 

collaboration, and pragmatic problem solving between parties in dispute not only prevents

costly disputes, but also significantly contributes to increased competitiveness, efficiency, 

job growth, and enhanced economic well-being.

As a non-regulatory and independent agency, the services that FMCS provides to 

American business and federal agencies are largely voluntary. Consequently, FMCS 

conflict management and prevention professionals must provide useful and relevant 

services to successfully accomplish its mission. Every day, the Agency’s small corps of 

skilled professionals provide private sector and federal customers with essential conflict 

resolution strategies designed to enhance organizational effectiveness, improve 

competitiveness, increase jobs and job security, and promote organizational efficiency.

The need for FMCS conflict resolution services is just as great in 2024 as it was 75 years 

ago. In recent years, as employers and employees have struggled with the consequences

of COVID-19 pandemic, FMCS has been at the forefront of mediating the very issues that 

are currently redefining the concept of how Americans work: telework, remote work, 

mandatory vaccinations, and managing a dispersed workforce. The scope and speed of 

these changes present enormous challenges and opportunities for American workers and 
2

employers across all economic sectors. FMCS commits to assist with making this 

transition as smooth as possible.

Budget Request Overview

FMCS requests $55,815,000 for 2024. This request consists of an increase of 

$2.110 million above the 2023 appropriation to cover anticipated salary and benefit cost 

increases and increased program delivery cost. In addition, FMCS will be playing a 

significant role in carrying out more than 25 specific recommendations of the first and 

second White House Task Force Reports on Worker Organizing and Empowerment (Task 

Force) issued pursuant to Executive Order 14025.

i

Key among the Task Force recommendations is for FMCS to undertake early 

intervention activities in newly certified or recognized bargaining units. Once a union is 

certified or recognized, the NLRA requires both parties to negotiate in good faith. 

According to Bloomberg Law, on average, it takes 409 days between the time a union is 

certified and the time a collective bargaining agreement is finalized with the employer, and 

that average varies greatly between sectors. Health care workers, for example, take an 

average of 528 days to reach a collective bargaining agreement.

At best, newly organized or recognized groups struggle to understand their new roles, 

responsibilities, and processes. Commonly, the contentious relationship from protracted 

organizing battles carries over to the new collective bargaining process, resulting in long 

delays, litigation, and or disruptions to the economy. Parties need assistance at this critical 

moment of their newly established long-term relationship. And the need is growing—

during the first nine months of 2022 (October 1–June 30), union representation petitions 

filed at the National Labor Relations Board (NLRB) have increased 56 percent.

ii

With its deep and long-standing relationship with both labor and management, FMCS 

is uniquely positioned to assist parties with collective bargaining and their legal obligation 

to negotiate in good faith. With so many new parties, FMCS is now augmenting outreach 

and providing mediator assignments for all newly organized units. A concerted effort by 

FMCS to train and assist newly recognized bargaining units will provide them the skills 

and knowledge to effectively communicate, problem-solve, and negotiate agreements in a 

less contentious environment.

Rising to the Challenge of the 21st Century Workplace

In its 75th year strengthening the conflict management and resolution capacities of 

numerous federal agencies and resolving some of the country’s most intractable and 

economically threatening labor disputes, FMCS’s role today is no less important than in 

the past.

Through its experiences with the specialized issues of numerous industries, working in 

a variety of settings, and adapting to the challenges that social media communications bring 

to training and bargaining, FMCS has learned to assist labor and management in new ways 

using new methods. At the same time, FMCS has remained true to the intent of Congress, 
3

both when it created the agency and when it subsequently expanded FMCS’s role to include 

alternative dispute resolution in the federal sector.

Building upon its core traditional negotiation and relationship development training 

program, FMCS has added cutting-edge conflict theory to its skill set. Recent examples of 

trainings in this area includes: The Neuroscience of Conflict, Communicating Across 

Perceptions, Alternative Bargaining Models, the Art of Negotiation, Repairing Broken 

Relationships, and Conflict Coaching. In recent years, FMCS mediators have pioneered 

an innovative economic bargaining model–Affinity Bargaining–which accomplishes a 

once-thought impossible goal of bargaining over distributive proposals in an integrative 

fashion. This model has enabled parties, in even the most strained financial circumstances, 

to reach mutually satisfying outcomes in record time. In most instances, less than a day.

In response to the Task Force, FMCS has partnered with other agencies, including the 

Department of Labor, Office of Labor-Management Standard (DOL-OLMS), Office of 

Personnel Management (OPM), Small Business Administration (SBA), NLRB, and 

Federal Labor Relations Authority (FLRA), regarding outreach and training. These 

synergies have resulted in more efficient and effective services to the public. FMCS plans 

to continue these partnerships in 2024 and beyond.

FMCS is proud of its past accomplishments and looks forward, in 2024, to intensifying 

its efforts to educate and inform business and labor of the value and benefits of the 

Agency's training, facilitation, and conflict management services.
4
5

II. Program Structure and Service Descriptions

Congress established FMCS as an independent agency whose mission is “to assist 

parties to labor disputes in industries affecting commerce to settle such disputes through 

conciliation and mediation.” Subsequent acts of Congress and presidential orders have 

expanded the FMCS role to provide mediation services to the federal sector and alternative 

dispute resolution (ADR) programs to federal government agencies, as well as promote 

and establish labor-management partnerships.

The Agency achieves its mission through a number of activities, including:

• Preventing and minimizing the impact of work stoppages by assisting parties to 

settle their disputes through mediation in a timely manner;

• Preserving and promoting labor peace through the development of sound and 

stable labor-management relationships and practices;

• Fostering the establishment and maintenance of joint processes to improve labormanagement relationships, employment security, and organizational 

effectiveness;

• Advocating for collective bargaining, mediation, and voluntary arbitration as the 

preferred processes for resolving disputes between employers and employee 

representatives;

• Assisting parties in dispute by providing a full spectrum of high-quality conflict 

management and prevention services, including mediation, dispute systems 

design, strategic planning, facilitation, and coaching;

• Mediating negotiated rulemaking and public policy negotiations with expert 

facilitation and process guidance;

• Offering practical, skills-based education and training courses to interested 

parties;

• Maintaining a roster of qualified arbitration service providers; and

• Collaborating with colleagues, universities, professional organizations, and other 

groups to further develop the art, science, and practice of conflict management 

and prevention.

In addition to collective bargaining mediation, FMCS offers a variety of facilitation, 

training, and other services to labor-management groups of all sectors to help strengthen 
6

relationships and build constructive problem-solving and negotiation skills. FMCS also 

maintains and provides a roster of private, non-federal arbitrators available for parties 

seeking arbitration of grievance disputes concerning the meaning, interpretation, and 

enforcement of provisions in existing collective bargaining agreements.

Collective Bargaining Mediation

FMCS helps prevent work stoppages and minimize their cost to the economy. FMCS 

mediates collective bargaining negotiations for initial contract negotiations—which take 

place between an employer and a newly certified or recognized group—and for renewal 

and successor collective bargaining agreements. FMCS provides mediation services to the 

private and the public sectors, including federal agencies, and state and local governments.

Throughout the mediation process, the mediator helps the parties identify alternative 

solutions and potential compromises, encourages settlement where appropriate, controls 

the timing of offers, and persuades the parties to honestly discuss their differences.

To promote equity pursuant to Executive Order 14035 and pursuant to a 

recommendation of the Task Force, FMCS will begin sending notices filed at FMCS by a 

party to both parties, along with information on FMCS and its services.

Early Intervention

Once a union is certified or recognized, federal law requires both parties to negotiate in 

good faith. However, newly organized, or recognized groups often struggle to understand 

their new roles, responsibilities, and process. It is common for the contentious relationship 

from lengthy organizing/recognition battles to carry over to the new collective bargaining 

process, resulting in long delays, litigation, and or disruptions to the economy.

United Food and Commercial Workers (UFCW) and Dierbergs

In June 2022, United Food and Commercial Workers (UFCW) Local 

655, representing more than 1,800 employees throughout the 

St. Louis region, approved a new three-year union contract with 

grocery chain Dierbergs.

FMCS participated in bargaining from day one. UFCW Local 655 

President David Cook noted that “FMCS plays a really important role,

and they are critical in this process...This is arguably the best contract 

in our history.”

In a separate statement, CEO of Dierbergs Markets, Greg Dierberg,

noted: “We are pleased we could work together to finalize an 

agreement that demonstrates our investment in the long-term career 

of our Associates.”
7

Parties need assistance at this key moment of their newly established working 

relationship. FMCS is uniquely positioned to assist parties with collective bargaining and 

their legal obligation to negotiate in good faith based on its deep and long-standing 

relationship with both labor and management groups.

Collective Actions

FMCS has 75 years of experience working to resolve disputes between employers and 

their union-represented workforces. Throughout this period, a trend has emerged of 

workers acting in concert to address workplace issues outside of the traditional unionized 

environment. Congress’ original mandate for FMCS authorized it to “proffer its services 

in any labor dispute in any industry affecting commerce, either upon its own motion or 

upon the request of one or more of the parties to the dispute, whenever in its judgment such 

dispute threatens to cause a substantial interruption of commerce.”

Over the past decade, non-certified worker associations, worker centers, social justice 

movements, and other groups have supported concerted worker activity that has at times 

resulted in job actions that impacted the economy. It is this impact on commerce resulting 

from a workplace disruption that prompts FMCS involvement. When collective actions 

impact commerce, FMCS has a role and responsibility to become involved as the Agency 

was specifically created to minimize the number and duration of such actions.

Relationship-Development and Training

FMCS also works to prevent conflict that may arise during the term of a collective 

bargaining agreement. To that end, the Agency has designed its relationship development 

and training (RDT) programs to improve labor-management relationships by helping 

parties build collaborative problem-solving approaches. Active participation in these 

programs better enables the parties to jointly respond to rapidly changing business and 

economic conditions during the term of the contract and makes any future mediation efforts 

more effective.

Renewed Federal Focus on Initial Contracts

In February 2022 FMCS sprang into action following the initial 

recommendations of the President’s Task Force on Worker 

Organizing and Empowerment. Within months, FMCS strengthened 

its assistance to parties negotiating initial contracts by increasing 

outreach to parties, assigning mediators to all newly certified or 

recognized unions (including after card checks), updating external 

training to parties, creating internal training for mediators, partnering 

with the NLRB and FLRA on training for mediators, updating marketing 

materials to parties, and collaborating with other agencies.
8

FMCS offers the following, non-exhaustive list of RDT programs:

• Relationship by Objective: Improves the parties’ working relationship, 

particularly in situations where the relationship has worsened after a contentious 

representation election, initial contract negotiation, or strike.

• Committee Effectiveness Training: Assists the parties in developing joint labormanagement committees designed to bring the parties into regular communication.

• Partners in Change: Explores the organization’s culture, identifies perceptions 

within the organization, creates a vision for the future, and designs systems that 

effect change.

• Labor-Management Work-Site Committee Training: Supports labormanagement committees in extending to the work-site level, forming committees, 

promoting group interactions, and learning techniques to manage change.

• Contract Administration and Steward-Supervisor Training: Trains shop 

stewards and front-line supervisors on their roles and responsibilities in contract 

administration, grievance processing, arbitration procedures, and interpersonal 

communication that supports positive working relationships.

• Cultural Awareness Skills Training for Labor and Management: Trains the 

parties to function and work effectively in a multicultural work setting, including 

skills for the resolution of cross-cultural conflicts in a workplace.

• Collective Bargaining and Mediation Training: Trains the parties on effective 

negotiation and communication skills.

• Collaborative Negotiation and Problem-Solving Training: Trains the parties in 

joint non-adversarial decision-making approaches.

Pursuant to a recommendation from the Task Force, FMCS launched a card check 

program on April 1, 2022.iii FMCS conducts card checks for parties that request the service, 

and that agree on the appropriate bargaining unit. The card check process is nonadversarial, expedient, and allows for the self-determination of the parties. As a card check 

avoids an election process, which can be contentious, the card check process can establish 

a positive start to the labor-management relationship. FMCS offers training on collective 

bargaining to all card check parties, and assigns a mediator for all newly recognized units

to assist with initial contract negotiations.

Grievance Mediation

Grievance mediation involves the use of a neutral party to mediate disputes that may 

arise over the terms and conditions of a collective bargaining agreement. Mediators provide 

this service when unresolved grievances threaten the stability of the labor-management 

relationship. Pending grievances can also complicate upcoming collective bargaining and 

so resolving grievances prior to the commencement of negotiations is an essential part of 

FMCS’s work.
9

Alternative Dispute Resolution (ADR) Services to Government

The federal government has long recognized that ADR provides a much less expensive 

and time-consuming alternative to litigation. The Administrative Dispute Resolution Act 

of 1996 authorizes FMCS as a neutral third party to participate “in the resolution of issues 

in controversy”. As neutrals, FMCS conflict management and prevention professionals 

may provide or refer services including, but not limited to, conciliation, facilitation, 

mediation, factfinding, minitrials, arbitration, and use of ombuds.

FMCS provides ADR services to federal agencies on a cost-reimbursable basis to reduce 

litigation costs and promote better government decision-making.

In federal district court cases, for example, FMCS operates during the court ordered stay 

in planning milestones, setting goals, and reporting on progress updates, all towards the 

goal of helping the parties create successful agreements.

ADR services offered by FMCS include the following:

• Workplace and Employment Disputes: FMCS mediates workplace and 

employment disputes for federal agencies. The majority of these disputes are 

related to claims of employment discrimination, other types of personnel issues, 

and workplace conflicts. FMCS mediates individual and multi-party conflicts for 

line of service provision.

• Administrative Program Disputes: FMCS also mediates disputes between federal 

agencies and their “regulated public,” including whistleblower complaints and 

disputes involving contracts, grants, licenses, enforcement, and administrative 

programs.

ADR Services in Government

In August 2022, a federal judge approved a motion filed by a coalition 

of tribes, environmental groups, the State of Oregon, and the U.S. 

Government to continue working with FMCS for the next year outside 

of the courtroom. The court’s expectation is that FMCS will be able 

help resolve a long-standing legal dispute that has been circulating 

through the court system for decades. This dispute regards the impact 

of 14 hydroelectric dams on native fish populations in the Columbia 

River Basin.

More than a dozen sovereign Native American tribes, multiple 

conservation organizations, four U.S. states (Idaho, Montana, Oregon, 

and Washington), and commercial, port, and navigation groups 

started working with FMCS mediators in April, 2022 when the Agency 

was first requested to enter the negotiations as a neutral to formulate 

and facilitate a transparent process.
10

• Training in ADR Skills and Processes: FMCS provides training in conflict 

resolution skills to aid in the effective use of ADR in the federal government. To 

that end, FMCS offers live and web-based training on a variety of topics related to 

conflict dynamics, management, and prevention.

• Facilitation During Decision-Making: FMCS offers facilitation services, 

particularly in times of budgetary constraint, to help agencies achieve cost-savings 

when decision-making is delegated to a committee, task force, or other such group. 

FMCS facilitation services also include consultation, convening, and training, as 

needed, to ensure that groups accomplish their tasks within specified time frames.

• Agency Cooperation and Collaboration: FMCS facilitates intra-agency or 

multiple agency groups tasked with developing a strategic plan or identified 

objective involving complex matters. Interest-based problem-solving and 

collaboration skills are essential to achieving successful outcomes in these 

instances.

• Public Policy Dialogues: FMCS also facilitates public policy dialogues that 

involve federal agencies and public-private stakeholders, such as those conducted 

under the Federal Advisory Committee Act. These multi-party stakeholder 

conversations benefit from the assistance of a skilled and neutral facilitator who has 

experience synthesizing discussion points and interests, as well as establishing and 

managing meeting structures and processes. Training and coaching are also 

available for participants.

• Negotiated Rulemaking: FMCS facilitates negotiated rulemaking processes, in 

which a government agency invites individuals and groups potentially impacted by 

a proposed rule to participate in its drafting. Interested parties who might otherwise 

challenge or oppose the rule are given an opportunity to participate in its 

formulation, thus reducing post-issuance challenges.

Systemic Interventions

Through its neutrals, FMCS also supports agencies or groups in attaining more 

comprehensive, holistic solutions through an extensive range of conflict management and 

prevention services that utilize a full-spectrum, systemic approach. Efforts typically 

include developing a comprehensive conflict management system. Services include:

• Climate Assessment: FMCS convenes and facilitates focus groups and individual 

meetings to assess and define the scope of workplace conflict. This enables FMCS 

conflict management professionals to better understand the structures, 

relationships, values, interests, and interpersonal conflicts that may be impacting 

the workplace and make more effective recommendations and approaches.

• Leadership Alignment and Development: FMCS provides leadership 

development training and 360-degree assessments to ensure that leaders are 

working optimally, both individually and as a team. Individually, when leaders do 

not understand their impact on the workforce, significant interpersonal conflicts 

can arise within an organization. When leaders operate out of alignment with each 

other, they often send conflicting messages across the organization, which can lead 

to systemwide conflict.
11

• Conflict Coaching: FMCS provides leadership, conflict, individual, peer, and 

cohort coaching to reduce the negative impacts of workplace conflict and enhance 

positive and resilient workplace culture/environments.

• Systems Engagement and Large-Group Facilitations: FMCS engages 

workplaces as a system and involves full teams and groups; this increases the 

sustainability of the intervention and ensures that the group reaches a long-term, 

systemic solution, rather than focusing on “band-aid fixes,” individual conflicts, 

and transactional outcomes.

• Dispute Systems Design: FMCS offers a broad array of services that focus on the 

design of comprehensive systems for dispute resolution that are specifically 

tailored to the needs of the organization and parties, as well as the nature of the 

conflict.

Arbitration Services

National labor policy favors arbitration as a means of settling contract-based disputes. 

The FMCS Office of Arbitration Services maintains a roster of about 1,000 independent 

non-federal arbitrators who are qualified to hear and decide disputes over the interpretation 

or application of collective bargaining agreements. Upon request from the parties and the 

payment of a nominal fee, FMCS provides a list of qualified names from which the parties 

may choose an arbitrator to hear their case and render a decision.

FMCS Institute for Conflict Management

The FMCS Institute for Conflict Management delivers practical, experience-based 

conflict skills training for individuals and small groups of employees and managers. The 

training is specifically designed to meet the challenges of labor-management relations and 

organizational change in specific groups, as well as the ever-changing world of work. The 

Institute’s training programs provide participants the opportunity to interact with and learn 

from experienced practitioners in the field, primarily FMCS federal mediators and privatesector arbitrators.

Courses offered in a typical year include, but are not limited to, Mediation Skills for the 

Workplace, Labor-Management Negotiation Skills, Evidence and Witness Examination in 

Arbitration, Arbitration for Federal Advocates, The Art and Science of Inquiry, and 

Becoming a Labor Arbitrator. Collectively, these courses serve as a tool to address a 

declining trend in available qualified labor arbitrators and to expand access to conflict 

skills, as well as the field of labor dispute resolution more broadly, to individuals and 

groups from underrepresented or traditionally underserved communities. The Institute runs 

as a reimbursable program and is funded by fees received from training participants.

International Training and Exchange

FMCS also plays an important role in promoting collective bargaining and 

strengthening conflict management and prevention around the world. Emerging market 

economies often struggle to compete effectively in a globally integrated marketplace. 

FMCS helps establish the labor relations institutions that are essential to the functioning of 

free market economies. These programs are also a knowledge-sharing experience: FMCS 
12

mediators gain familiarity with complex issues affecting the global economy and, as a 

result, are more effective in resolving domestic labor-management disputes with multinational corporations that have global impact.

FMCS delivers its international training and systems design programs on a costreimbursable basis through interagency agreements (IAAs) with other government 

agencies, such as the Department of Labor, the Department of State, and USAID. In 2022, 

FMCS provided programs in Kosovo, Jordan, Panama, Indonesia, Mexico, and Columbia.

Labor-Management Committee Grants

The 1978 Labor-Management Cooperation Act authorizes and directs FMCS to 

encourage and support joint labor-management committees “established for the purpose of 

improving labor-management relationships, job security and organizational effectiveness, 

enhancing economic development, or involving workers in decisions affecting their jobs,

including improving communication with respect to subjects of mutual interest and 

concern.” FMCS is not able to award grants every year due to funding constraints and looks 

forward to being able to award $1,000,000 or more in grants in 2024.

Accountable Government

FMCS will continue to meet the highest standards of government efficiency, integrity, 

employee engagement, and customer service by sustaining a culture of continuous 

improvement among the Agency’s highly motivated workforce. Like many federal 

agencies, FMCS has experienced challenges in recent years related to employee 

recruitment, training, consistent performance, and retention. However, FMCS employees 

and their focus on accomplishing the agency mission continue to keep the agency at the 

forefront among similarly sized units of the federal government.

In the coming year, FMCS is committed to meeting and exceeding its performance goals 

to ensure it can continue to successfully achieve its mission. FMCS is also committed to 

meeting government-wide initiatives and priorities.

Customer Experience and Digital Service Delivery

In 2024 and beyond, FMCS will further its implementation of Executive Order 14058 

and the 21st Century Integrated Digital Experience Act through the following efforts:

• Creating an internal working group that identifies and prioritizes strategies to

reduce administrative burdens and improve transparency on the FMCS customerfacing website and in public communications;

• Continued development and build-out of a client access portal that will

significantly reduce the “time tax” related to FMCS service requests and forms. 

The portal will ease client data entry, avoid duplicative information, and improve

client access to prior submissions;

• Redesign client-facing and case management processes, streamline request

processing, and improve the agency’s understanding of and engagement with 

clients, including automated client experience surveys;
13

• Identifying and adopting FedRAMP-compliant client relationship management 

technology to support targeted outreach and awareness of FMCS services, in 

particular to underserved communities, and drive greater utilization by the public;

• Implementing a new program in support of the White House Task Force on 

Worker Organizing and Empowerment to raise awareness of services available to 

labor groups that are newly-certified by the NLRB and help those new bargaining 

units and their employers reach more comprehensive collective bargaining 

agreements in shorter time frames and with less litigation;

• Continue to engage internal and external stakeholders to better understand how 

existing and future digital products, platforms, and technologies can be applied to 

service delivery, client support, and staff professional development; 

• Modernizing client engagement software to reduce administrative and other 

barriers; and

• Continue to use virtual service delivery platforms across the country to better 

access and provide service to historically underserved communities.

Diversity, Equity, Inclusion and Accessibility (DEIA)

FMCS is committed to providing its conflict resolution services with excellence and 

equitably to all Americans. In support of this goal, FMCS is increasing its virtual service

offerings in order to lower the barriers to participation for underserved stakeholders. 

FMCS is also dedicating itself to provide equal access to its services by reaching out to all 

private sector labor parties, and particularly those in underserved communities. Through 

a partnership agreement with the Small Business Administration (SBA) and in accordance 

with their 8(a) Business Development Program, starting in 2023, FMCS increased setasides for socially and economically disadvantaged businesses. Finally, FMCS seeks to 

provide children in Title I schools with the alternative dispute resolution skills needed to 

de-escalate conflicts.

Through these initiatives, FMCS expects to see increased participation and interest in 

public policy and regulatory matters, higher utilization rates of its services by underserved 

stakeholders, and better understanding of the nature of and ability to resolve conflict.

Retaining Records and Safeguarding Information

In 2024, FMCS will continue to implement the new policies and procedures 

recommended by the National Archives and Records Administration (NARA) in 

conjunction with the Controlled Unclassified Information (CUI) initiative and document 

management program. Improved records management, in concert with strengthened 

financial policies and procedures will allow FMCS to continue to demonstrate effective 

and efficient use of public resources, stewardship, and safeguard critical information.

Cybersecurity

As mandated by the Federal Information Security Modernization Act of 2014 (FISMA), 

FMCS maintains an information security program to support the confidentiality, integrity, 

and availability of agency information and information systems. FMCS performs routine 
14

IT security operations, as well as implemented programmatic and technological 

improvements to reduce agency cybersecurity risks.

In recent years, FMCS successfully launched the CDM Defend F dashboard using 

Qualys agents aligned with DHS CISA’s distributed and automated CDM initiatives, 

reached 100 percent implementation for privileged account holders to require PIV for 

computer login, successfully pilot launched MFA access to all Office 365 applications and 

services, migrated 90 percent its network from physical on premises network to MS Azure 

cloud based infrastructure, and successfully launched a web based notice submission and 

service request portal to eliminate paper forms.

NIST Framework 2022 2023 2024

(in millions of dollars) Actual Estimated Requested

Identify............................................................ 0.2929 0.2996 0.3116

Protect ............................................................. 0.6291 0.6503 0.6763

Detect .............................................................. 0.2198 0.2256 0.2346

Respond........................................................... 0.1668 0.1734 0.1803

Recover ........................................................... 0.2657 0.2787 0.2900

Total ($ millions) 1.5743 1.6276 1.6928

Expanded Hiring Practices and Managing Performance

To ensure adequate succession planning for the ensuing years, FMCS seeks to expand 

its hiring practices to bring talent in at grade levels that allows for more career growth. This 

effort includes a GS-12 mediator position and outreach to recent college graduates and

underserved communities.

In the current environment, the most effective mediator may not be the one with 

traditional labor experience, but who is able to develop and adapt to a wide range of FMCS 

services and interactive technologies. In addition to expanding its hiring practices, FMCS 

is also focused on a workforce of accountability. To do so the agency has recently 

transitioned to a five-tier performance management system with updated position 

descriptions and performance plans.

Promoting Employee Engagement

Employee engagement is a process designed to ensure that employees are committed to 

the organization’s goals and values, vested in the organization’s success, and are 

simultaneously able to enhance their own sense of well-being. To meet its employee 

engagement goals for 2024, FMCS will continue to encourage diverse viewpoints and 

innovation, solicit employee feedback, and practice open communications and 

transparency.

FMCS will continue to use differentstrategies to achieve its objectives including regular 

communications from the Agency leadership; daily news roundups; quarterly online town 

hall meetings; regular newsletters featuring up-to-date information about significant cases 

and training programs; regular meetings with all levels of staff that focus on goals, action 
15

plans, and deliverables; and a continuation of open forums to constructively engage the 

FMCS workforce on a regular basis.

Conclusion

The 2020 COVID-19 pandemic placed great stress on the U.S. economy. FMCS will 

continue to lead the effort lessen the long-term economic impact of the pandemic by 

providing high quality mediation services to improve labor and management relationships. 

FMCS anticipates the challenge of increased workplace conflicts as workers and businesses 

grapple with issues of telework, technology, automation, competition, skills, and costcutting. Workplace disputes are arising in both traditional labor-management collective 

bargaining settings, as well as in high profile social media and community-based 

campaigns for improved wages and working conditions.

Over more than seven decades, FMCS has compiled a proud record of success in helping 

parties resolve disputes, learn joint problem-solving skills, and create successful, 

collaborative problem-solving relationships. As the nature, complexity, and range of the 

issues confronting managers and employees in business and government have evolved, so 

too has FMCS, constantly seeking new and innovative methods to prevent disruptions to 

the U.S. economy, to reduce costs to U.S. taxpayers, and, most importantly, to help 

managers and workers together overcome the challenges of the changing economy in 

business and government workplaces.

Given the anticipated size and number of collective bargaining agreements expiring 

in 2024, the need to update its technical capacity to meet the anticipated demand for FMCS 

services, and the ongoing need for labor and management to work collaboratively to

achieve competitiveness, economic development, and job security, we urge you to 

favorably consider this request for $55,815,000.
16
17

III. Appropriation Language

FEDERAL MEDIATION AND CONCILIATION SERVICE

SALARIES AND EXPENSES

For expenses necessary for the Federal Mediation and Conciliation Service ("Service") 

to carry out the functions vested in it by the Labor-Management Relations Act, 1947, 

including hire of passenger motor vehicles; for expenses necessary for the LaborManagement Cooperation Act of 1978; and for expenses necessary for the Service to carry 

out the functions vested in it by the Civil Service Reform Act, $55,815,000, of which not to 

exceed $1,000,000 shall remain available through September 30, 2025, for assistance 

activities authorized by the Labor-Management Cooperation Act of 1978: Provided, That 

notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost recovery, for special training 

activities and other conflict resolution services and technical assistance, including those 

provided to foreign governments and international organizations, and for arbitration 

services shall be credited to and merged with this account, and shall remain available until 

expended: Provided further, That fees for arbitration services shall be available only for 

education, training, and professional development of the agency workforce: Provided 

further, That the Director of the Service is authorized to accept and use on behalf of the 

United States gifts of services and real, personal, or other property, including money, 

without fiscal year limitation, in the aid of any projects or functions within the Director's 

jurisdiction.
18

IV. FMCS Organizational Chart

Director

(Acting)

Equal Employment 

Opportunity

General

Counsel

Headquarters

Budget

Human

Resources 

Client Services

Procurement and 

Operational Support

Finance 

Information

Technology

Conflict Management & 

Prevention/ Int’l

Education

Policy and Strategy 

Region 06

Region 05

Region 02

Region 04

Region 03

Region 01

Field Operations 

Field Operations -

Regional Field Administration Field Operations -National

National Projects

As of Mar. 13, 2023
19

V. Statutory and Other Legal Authority

FEDERAL MEDIATION AND CONCILIATION SERVICE

Title II of the Labor-Management Relations Act of 1947 (Taft-Hartley) established the 

Federal Mediation and Conciliation Service (FMCS) as an independent agency of the 

Federal Government whose primary mission is to prevent and minimize labor-management 

disputes affecting interstate commerce by providing mediation, conciliation, and voluntary 

arbitration services. All mediation and conciliation functions of the Secretary of Labor and 

the United States Conciliation Service were transferred to FMCS at that time. This mission 

includes both the private and public sectors, except for the railroad and airline industries, 

which are covered by the Railway Labor Act administered by the National Mediation 

Board.

The Civil Service Reform Act of 1978 authorized FMCS to assist with dispute 

resolution in Federal sector labor disputes. The Labor-Management Cooperation Act 

amended the Taft-Hartley Act in 1978 and directed FMCS to encourage labor-management 

cooperative activities. It also authorized the issuance of grants to support joint labormanagement activities conducted by plant, area, public sector, and industry-wide 

committees.

In 1990, the Administrative Dispute Resolution Act and the Negotiated Rulemaking Act 

authorized FMCS to assist other Federal agencies in resolving disputes arising out of 

grants, contracts, licenses, or other agency administrative actions, and to assist in the 

process of negotiated rulemaking. The Administrative Dispute Resolution Act of 1996 

amended and permanently reenacted these 1990 Acts.

Over the years, Congress and the Executive Branch have authorized FMCS to perform 

a variety of conflict management functions as well as to assist in the improvement of labormanagement relationships. Specific statutory and other authorizations of FMCS programs 

are described below.

I. The Labor-Management Relations Act of 1947 (Public Law 80-101, as 

amended, 29 U.S.C. 158(d), 173 et seq.) directs FMCS to prevent or minimize 

interruptions to the free flow of commerce growing out of labor disputes by 

helping the parties settle such disputes through mediation. Parties are required 

to notify the FMCS 30 days prior to a contract termination or modification date 

so that mediation services may be proffered.
20

The Act establishes a special procedure for threatened or actual strikes which, 

in the opinion of the President, imperil the national health or safety. In such

situations, the President may appoint a board of inquiry to ascertain the facts 

with respect to the dispute. After receipt of a report, the President may seek to 

enjoin the strike, and a court may do so if it finds that the threatened or actual 

strike or lockout affects a substantial part or all of an industry and would imperil 

the national health or safety. 29 U.S.C. 176-178.

II. The Health Care Amendments of 1974 (Public Law 93-360, 29 U.S.C. 

158(d) (4), (4)(A)-(4)(C)) (amending the National Labor Relations Act) include 

special provisions intended to prevent or minimize work stoppages in the health 

care industry. In the case of this industry, FMCS must be notified 60 days 

before the contract termination date. A 30-day notice is required in initial 

bargaining situations. If, in the opinion of the Director, a strike is threatened 

which would interrupt the delivery of health care in a locality, the Director may 

appoint a board of inquiry. 29 U.S.C. 183. The board has 15 days within which 

to investigate and file its report and recommendations; parties must maintain 

the status quo for 15 days thereafter while further negotiations and mediation 

take place. The parties are required to cooperate in any mediation efforts by 

FMCS.

III. The Civil Service Reform Act of 1978 (Public Law 95-454, 5 U.S.C. 7119(a))

directs the FMCS to provide mediation assistance in disputes arising from 

negotiations between Federal agencies and the representatives of their 

employees.

IV. The Postal Accountability and Enhancement Act of 2006 (Public Law 109-435, 

as amended, 39 U.S.C. 1207) requires FMCS to provide mediation services and 

assist in establishing arbitration boards in collective bargaining disputes 

between the Postal Service and the exclusive representatives of its employees.

V. An Act to Establish Dispute Resolution Procedures to Settle Disputes Between 

Supervisors and the United States Postal Service, 1980 (Public Law 96-326, as 

amended, 39 U.S.C. 1004) directs FMCS, upon the request of either the Postal 

Service or an organization representing its supervisors, to convene fact finding 

panels to recommend supervisory pay and fringe benefit policies and to create 

panels to review the effectiveness of these procedures and other employment 

policies.

VI. The Federal Insecticide, Fungicide and Rodenticide Act of 1978, (Public Law 

95-396, as amended, 7 U.S.C. 136a(c)(l)(F)(iii)) requires FMCS to provide for 

the appointment of arbitrators to decide disputes concerning compensation for 

the use or development of pesticide registration data.

VII. The Labor Management Cooperation Act of 1978 (Public Law 101-552, as 

amended by Public Law 95-524, 29 U.S.C. 175a, 186(c)(9)) added Sections

205A and 302(c)(9) to the Labor-Management Relations Act and authorizes and 
21

directs FMCS to encourage and support joint labor-management activities 

conducted by plant, area, and industry-wide committees designed to improve 

labor-management relationships, employment security, and organizational 

effectiveness. The Act authorizes the Service to provide grant funds to assist 

in the establishment and operation of these labor-management committees.

VIII. The Administrative Dispute Resolution Act of 1996 (Public Law 104-320) 

(ADRA) authorizes and encourages agencies to use various alternative means 

of dispute resolution in the Federal administrative process in order to avoid the 

time and expense of litigation. The ADRA amended, permanently enacted, and 

incorporated into the Administrative Procedure Act, the Administrative Dispute 

Resolution Act provisions (5 U.S.C. 571 et seq.) and the Negotiated 

Rulemaking Act provisions (5 U.S.C. 561 et seq.) of 1990 legislation. These

provisions and their predecessors suggest that the ADR and regulatorynegotiation “experiments” have become well-accepted processes of Federal 

agencies. The ADRA encourages the development of guidelines to expedite 

the selection of neutrals and to facilitate the use of alternative dispute resolution 

in the Federal Government.

This legislation also amends the Labor-Management Relations Act of 1947 

(Taft-Hartley) by permanently adding Section 173(f) of Title 29 of the United 

States Code (29 U.S.C. 173(f)) so that FMCS may provide all forms of ADR 

assistance to Federal agencies. Under this legislation, FMCS continues to assist 

agencies in negotiated rulemaking processes as well as other ADR procedures 

by providing training, facilitation, mediation, and other neutral skills.

IX. The U.S. Code of Federal Regulations at 45 CFR 90.43(c)(3), issued by the 

Department of Health and Human Services, implementing its authority under 

the Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq., authorizes FMCS 

to provide mediation assistance for the resolution of age-discrimination charges 

filed against any agency receiving Federal financial assistance to any program 

or activity.

X. The Federal Aviation Reauthorization Act of 1996 (Public Law 104-264, as 

amended by Public Laws 106-181, 112-95 and 114-242; 49 U.S.C. 40122(a))

directs the administrator of the Federal Aviation Administration (FAA) and the 

exclusive bargaining representative of its employees to use FMCS, or a 

mutually agreed upon alternative, to mediate disputes concerning changes to 

the FAA’s personnel management system or the parties’ collective bargaining 

agreement. If mediation is unsuccessful, FMCS is required to prepare a list of 

15 qualified arbitrators, from which two will be selected by the parties and a 

third by these two, to form an arbitration board. This board will render a final 

and binding determination.
22

XI. The Veterans Health Care Capital Asset and Business Improvement Act of 2003 

(Public Law 108-170, as amended by Public Law 111-163, 38 U.S.C. 7403 

(h)(4)(C)) gives the Secretary of Veterans Affairs or the exclusive 

representative of the affected employees the option of requesting the services 

of FMCS to assist the parties in reaching an agreement regarding disputes with 

respect to any system of promotion and advancement proposed by the 

Secretary.

XII. The Transportation Security Administration Determination, “Transportation 

Security Officers and Collective Bargaining,” February 4, 2011, requires the 

facilitation of collective bargaining negotiations by FMCS or other agreed-upon 

entity, and requires TSA and the unions subject to bargaining to attend training 

in interest-based negotiations conducted by FMCS.

XIII. Fees and Charges for Government Services and Things of Value

(Public Law 97-258, 31 U.S.C. 9701) provides that the FMCS Director may 

establish a charge for a service or thing of value provided by the agency.
23

VI. Budget Tables and Detailed Financial Requirements

FEDERAL MEDIATION AND CONCILIATION SERVICE

BUDGET AND STAFFING BY ACTIVITY

FY 2022 FY 2023 FY 2024

Total Program

Increase or 

(Decrease)

Actual Enacted Request 2023 to 2024

FTE

Budget 

Authority

($1,000s)

FTE

Budget 

Authority

($1,000s)

FTE

(+) Budget 

Request 

($1,000s)

FTE

Budget 

Authority

($1,000s)

1. Collective Bargaining and 

Grievance Mediations (Dispute), 

Relationship Development 

Training (Preventive), and 

Outreach (Public Information) 

Workloads.................................... 144 39,104 149 42,021 156 42,302 7 281

2. Arbitration Services..................... 6 778 6 824 6 908 0 84

3. Headquarters and Operational 

Support......................................... 44 10,176 45 10,860 46 11,605 1 745

4. Labor-Management Grants .......... 0 0 0 0 0 1,000 0 1,000

Sub-Total Appropriated 194 $50,058 200 $53,705 208 $55,815 8 $2,110
24

BUDGET AND STAFFING BY ACTIVITY

FY 2022 FY 2023 FY 2024

Total Program

Increase or 

(Decrease)

Actual Enacted Request 2023 to 2024

FTE

Budget 

Authority

($1,000s)

FTE

Budget 

Authority

($1,000s)

FTE

(+) Budget 

Request 

($1,000s)

FTE

Budget 

Authority

($1,000s)

5. Reimbursable programs: ADR 

Services, Employment 

Mediation, International 

Training, Institute Courses, and 

Conference Fund.......................... 7 1,804 7 2,387 7 2,408 0 21

6. FMCS Internal Training and 

Education ..................................... 0 234 0 1,351 0 974 0 (377)

Sub-Total Reimbursable 7 $2,038 7 $3,738 7 $3,382 0 $(356)

TOTAL RESOURCES 201 $49,383 207 $57,443 215 $59,197 8 $1,754
25

FEDERAL MEDIATION AND CONCILIATION SERVICE

BUDGET ESTIMATES FISCAL YEAR 2024

FINANCIAL REQUIREMENTS

(in thousands of dollars)

FY 2021 FY 2022 FY 2023 FY 2024 2023 to 2024

Actual Actual Estimate Request Change (+/-)

Personnel Compensation $26,773 $26,318 $30,947 $32,880 $1,933

- Full-Time Permanent 26,003 25,649 30,162 32,095 1,933

- Other Than Full-Time Permanent 54 27 90 90 -

- Other Personnel Compensation - - - - -

- Other Premium and Differential Pay 18 8 10 10 -

- Overtime 51 8 10 10 -

- Other Personnel Compensation-Awards 647 586 675 675 -

- Special Personal Services Payments - 40 - - -

Personnel Benefits $9,361 $9,505 $10,750 $11,327 $577

- Benefits/Retirement 9,193 9,395 10,668 11,243 575

- Incentives 16 8 8 4 (4)

- Allowances 1 25 12 20 8

- Special Payments of Other Funds 151 77 62 60 (2)

- Relocation/Permanent Change of Station (PCS) - - - - -

Benefits for Former Personnel $2 $0 $20 $20 $-

Travel and Transportation of Persons $126 $454 $1,243 $1,291 $48

- Domestic TDY 126 420 1,243 1,291 48

- Foreign Travel - 10- - - -

- Training Travel - 5 - - -

- Relocation/Permanent Change of Station (PCS) - - - - -

- Conference Travel - 19 - - -
26

BUDGET ESTIMATES FISCAL YEAR 2024

FINANCIAL REQUIREMENTS

(in thousands of dollars)

FY 2021 FY 2022 FY 2023 FY 2024 2023 to 2024

Actual Actual Estimate Request Change (+/-)

Transportation of Things $43 $36 $28 $28 -

- Transportation of Things 43 36 28 28 -

- Relocation - - - - -

Rent, Communications, and Utilities $4,621 $4,874 $3,742 $4,002 $260

- Rental Payments to GSA 3,965 4,283 3,200 3,400 200

- Rental Payments to Others 60 53 60 60 -

- Communications, Utilities, and Misc. Charges - - - - -

- Utilities 261 285 360 360 -

- ADP Rental - - - - -

- Telecommunications 336 253 102 162 60

- Other Rentals - - - - -

- Postage - - 20 20 -

Printing and Reproduction $5 $13 $40 $40 $-

- Government Printing - - 20 20 -

- Commercial Printing and Duplication 5 13 20 20 -

- Advertising/Radio/TV - - - - -

Other Contractual Services $4,181 $4,207 $5,762 $4,488 $(1,274)

- Advisory and Assistance Services 1,224 855 1,498 324 (1,174)

- Other Services from Non-Federal Sources 21 18 8 8 -

- Other Goods and Services from Federal Sources 1,341 1,667 2,100 2,000 (100)

- Operation and Maintenance of Facilities 5 4 100 100 -

- Research and Development Contracts - - - - -

- Medical Care - - 26 26 -

- Operation and Maintenance of Equipment - - - - -
27

BUDGET ESTIMATES FISCAL YEAR 2024

FINANCIAL REQUIREMENTS

(in thousands of dollars)

FY 2021 FY 2022 FY 2023 FY 2024 2023 to 2024

Actual Actual Estimate Request Change (+/-)

Other Contractual Services (continued)

- Operation and Maint. of Equipment (Non-Travel) 1,590 1,663 2,030 2,030 -

- Relocation/PCS - - - - -

- Subsistence and Support of Persons - - - - -

Supplies and Material $125 $139 $177 $177 $-

- Office Supplies and Publications 87 83 90 90 -

- ADP Supplies and Materials 37 55 84 84 -

- Fuel - - - - -

- Materials/Parts - - - - -

- Other Supplies 1 1 3 3 -

Equipment 1,155 $1,799 $996 $562 $(434)

- Manufacturing/Production Equipment - - - - -

- ADP Software 964 1,375 460 200 (260)

- ADP Equipment/Hardware 159 385 474 300 (174)

- Telecommunications Equipment 23 32 30 30 -

- Other Equipment and Property 9 7 32 32 -

Grants, Subsidies, and Contributions - - - $1,000 $1,000

- Labor-Management Grants (29 U.S.C. 175a) - - - 1,000 1,000

Unobligated $2,208 $2,713

Sub Total - Appropriations $48,600 $50,058 $53,705 $55,815 $2,110

Total - Appropriations $48,600 $50,058 $53,705 $55,815 $2,110
28

BUDGET ESTIMATES FISCAL YEAR 2024

FINANCIAL REQUIREMENTS

(in thousands of dollars)

FY 2021 FY 2022 FY 2023 FY 2024 2023 to 2024

Actual Actual Estimate Request Change (+/-)

Direct Funds

Personnel Compensation - - - - -

Personnel Benefits - - - - -

Travel and Transportation of Persons - 30 795 836 41

Transportation of Things - - - - -

Rent, Communications, and Utilities - - - - -

Printing and Reproduction - - - - -

Other Contractual Services - - - - -

Supplies and Material 34 176 500 130 (370)

Equipment 26 28 56 8 (48)

Total - Direct Funds $60 $234 $1,351 $974 $(377)

Reimbursable Funds

Personnel Compensation 1,175 1,132 1,410 1,450 40

Personnel Benefits 355 363 452 505 53

Travel and Transportation of Persons - 86 276 200 (76)

Transportation of Things - - - - -

Rent, Communications, and Utilities - 3 - - -

Printing and Reproduction 3 1 2 2 -

Other Contractual Services - 218 226 239 13

Supplies and Material 158 1 21 12 (9)

Equipment 1 - - - -

Total - Reimbursable Funds $1,692 $1,804 $2,387 $2,408 $21

TOTAL - ALL SOURCES $48,144 $49,383 $57,443 $59,197 $1,754
29

FEDERAL MEDIATION AND CONCILIATION SERVICE

Detail of Total Employment–End of Year

2022 2023 2024

Actual Estimated Requested

Executive Level III ......................................... 0 0 1

ES.................................................................... 3 4 3

Subtotal............................................ 3 4 4

GS-15.............................................................. 27 29 29

GS-14.............................................................. 128 121 123

GS-13.............................................................. 11 13 13

GS-12.............................................................. 7 18 24

GS-11.............................................................. 6 12 13

GS-10.............................................................. 0 0 0

GS-9................................................................ 14 9 9

GS-8................................................................ 3 5 5

GS-7................................................................ 2 2 2

GS-6................................................................ 0 0 0

GS-5................................................................ 0 0 0

GS-4................................................................ 0 0 0

GS-3................................................................ 0 0 0

GS-2................................................................ 0 0 0

Subtotal............................................ 201 211 218

Total employment, end of year .................... 201 * 215 ** 222 **

Full-time equivalent (FTE)usage ................. 201 207 215

------------------------------------------------------------------------------------------------------------------------------

Average ES Salary .......................................... $185,966 $191,945 $198,423

Average GS Level........................................... 14 04 14 04 14 05

Average GS Salary.......................................... $131,750 $135,759 $144,140

------------------------------------------------------------------------------------------------------------------------------

 *7 FTE funded by reimbursable revenue

**8 FTE funded by reimbursable revenue

31

VII. Workload Projections–2023 and 2024

The following pages include FMCS workloads over prior fiscal years, case load

estimates, accomplishments for 2022, and estimated workloads in 2023 and 2024.
32
33

WORKLOAD OUTPUTS AND PROJECTIONS

FISCAL YEARS 2018-2024

PROGRAM SERVICES

FY2018

Actual

FY2019

Actual

FY2020

Actual

FY2021

Actual

FY2022

Estimated

FY2022

Actual

FY2023

Estimated

FY2024

Estimated

1. COLLECTIVE BARGAINING 

MEDIATION...........................................

Assigned Casesiv 10,537 10,709 9,655 10,510 10,800 11,004 11,200 11,200

Mediated Casesv 3,166 2,923 2,757 2,788 2,811 2,938 2,915 2,915

Closed Cases 10,636 10,705 10,030 10,625 10,863 11,074 11,266 11,266

Closed Mediated Cases 2,602 2,429 1,942 2,242 2,277 2,267 2,361 2,361

Settled and Closed Mediated Cases 2,242 2,103 1,691 2,116 1,951 2,115 2,023 2,023

Percentage of mediated cases settled w/FMCSvi 86.2% 86.6% 87.1% 94.4% 85.7% 99.3% 85.7% 85.7%

Activity rate in significant casesvii 39.2% 23.9% 33.3% 26.9% 45.0% 23.9% 45.0% 45.0%

2. GRIEVANCE MEDIATION.......................

Assigned Cases 1,707 2,511 1,985 1,967 2,200 1,174 1,500 1,500

Mediated Cases 1,641 2,441 1,927 1,869 2,130 1,127 1,452 1,452

Settled GM Cases 1,152 1,763 1,280 1,125 1,565 608 1,067 1,067

Percentage of cases settled w/ FMCSviii 70.2% 72.2% 66.4% 60.2% 73.5% 53.9% 73.5% 73.5%

3. RELATIONSHIP-DEVELOPMENT AND 

TRAINING..............................................

Number of training programs provided 1,815 1,956 1,675 1,284 1,700 1,199 1,700 1,700

4. ADR Services.................................................

Mediated Cases 1,081 1,212 1,370 1,169 1,600 1,041 1,200 1,200

Settled ADR Cases 523 554 683 435 747 356 560 560

Percent of ADR cases settled w/ FMCSix 48.4% 45.7% 49.9% 37.2% 46.7% 34.2% 46.7% 46.7%

5. OUTREACH .................................................

Outreach casesx 3,045 2,600 1,921 1,508 2,000 1,383 2,000 2,000
34

PROGRAM SERVICES

FY2018

Actual

FY2019

Actual

FY2020

Actual

FY2021

Actual

FY2022

Estimated

FY2022

Actual

FY2023

Estimated

FY2024

Estimated

6. ARBITRATION SERVICES.......................

Number of panels issued 11,617 10,944 10,340 10,544 11,000 9,693 10,000 10,000

Number of arbitrators appointed 4,524 4,342 4,070 4,417 4,771 4,114 4,252 4,252

7. GRANTS........................................................

Number of grants funded 4 1 0 0 0 0 0 5

8. FMCS INSTITUTE ......................................

Number of courses provided 10 10 23 19 22 23 22 22

Number of participants 190 192 598 746 850 598 850 850
35

VIII. Annual Performance Plan

Performance expectations for each service area are guided by the FMCS current four-year

strategic plan. For each strategic goal, FMCS hasidentified several objectives, key implementation

strategies, and actions needed for achieving each goal. The following section details each goal and

the programs impacted by them.
36
37

Strategic Goal #1: Efficiently provide top-tier conflict management and 

prevention services

FMCS was established as a non-regulatory, non-adjudicative agency; this limits its ability to 

require parties to participate in the mediation process. Consequently, the Agency relies on its 

reputation for delivering high-value services to fulfill its statutory role and mission. With this 

context in mind, Strategic Goal #1 represents the Agency’s first and most expansive strategic goal. 

It places emphasis on FMCS’ ability to consistently leverage decades of experience and expertise 

to provide high-quality, professional conflict management and prevention services that support 

client needs and add value. In the coming years, the Agency intends to build upon its reputation, 

streamline and improve upon its processes, and expand the use of and access to its services, using 

the strategies and actions outlined below.

Objectives:

• Provide a full spectrum of high-quality conflict management and prevention services that 

effectively meet client needs.

• Expand utilization of and access to FMCS services.

Strategies:

• Prioritize efficient resource distribution across traditional boundaries.

• Implement a collaborative teaming approach at all levels of the organization.

• Exercise professional judgement regarding effective and efficient modes of service 

delivery across all activities.

• Maximize opportunities to develop mediator subject matter expertise, as well as breadth 

and depth of experiences.

• Increase engagement with newly represented groups to support them in attaining initial 

contracts.

• Transition from transactional engagements to full spectrum, client-driven conflict 

management, prevention, and resolution services.

• Increase cooperation between FMCS and other agencies.

Actions:

• Grow network of federal sector connections to increase awareness of FMCS and expand 

access to FMCS services.

• Share knowledge and techniques across the Agency through mentoring, shadowing, 

coaching, and other collaborative learning opportunities.

• Prioritize client needs in the assignment of mediators based on style, skills, knowledge, 

and acceptability, among other factors.

• Survey clients regarding their satisfaction with FMCS services.
38

• Create finer distinctions in tracking of RDT work to capture a more complete spectrum of 

services, including activities such as coaching, facilitation, assessments, trainings, 

professional development, dispute systems design, negotiated rulemaking, and/or 

complex multi-party negotiations.

• Monitor any disruptions to commerce and identify strategies to assist.

• Increase exposure of all mediators to advanced cases, tools, and techniques.

• Create promotional materials to educate newly organized groups about FMCS services, 

including training and collective bargaining mediation.

• Identify and conduct outreach to low-utilization industries, bargaining groups, and 

geographic areas.

Expected Outputs:

• Greater utilization of FMCS services in private and federal sector cases with 

potential for impact on interstate commerce.

• Increased involvement and acceptability in cases of note (i.e. national level, high-profile, 

significant impact on interstate commerce, etc.).

• Better understanding of client satisfaction with FMCS services.

• Reduced litigation and improved organizational effectiveness on the part of clients.

• Comprehensive tracking of engagements with newly represented groups and correlation 

to success in attaining initial contracts.

• Expanded FMCS involvement in historically underserved industries and areas.

• Greater number of concluded and implemented IAAs that involve full-spectrum service 

provision.
39

Strategic Goal #2: Increase agencywide application and effectiveness of 

evidence-based decision-making

FMCS has prioritized Strategic Goal #2 in accordance with the Evidence-Based Policymaking 

Act of 2018 and subsequent presidential actions, including President Biden’s Memorandum on 

Restoring Trust in Government Through Scientific Integrity and Evidence-Based Policymaking 

(January 27, 2021). The Agency seeks to consistently improve its internal collection, use, and 

management of data; its use of data tools in allocating resources effectively; and its participation 

in interagency information sharing that supports an informed, whole-of-government approach to 

decision-making. The following efforts reflect an agencywide commitment to pursuing data 

collection and management practices that incorporate government-wide best practices.

Objectives:

• Broadly improve collection and application of data.

• Leverage available data and data management tools in resource allocation and 

programmatic decisions.

• Support a whole-of-government approach to data-based decision-making.

Strategies:

• Improve systems for data collection, standardization, and analysis.

• Maximize mediator placement in areas with greater concentrations of work, as evidenced 

by contract expiration notices and active cases.

• Prioritize electronic collection of information and data analysis.

• Partner with other labor-related agencies, including the National Labor Relations Board 

(NLRB), the National Mediation Board (NMB), the Federal Labor Relations Authority 

(FLRA), and the Department of Labor (DOL), to share data.

Actions:

• Evaluate and implement a client relationship management system.

• Survey clients regarding their satisfaction with FMCS services.

• Actively monitor case assignments and workload distribution to ensure balance.

• Identify geographic concentrations of potential work, with a focus on underserved areas, 

for effective resource placement and management.

• Standardize and validate data inputs to ensure consistency and accuracy.

• Coordinate efforts and activities with the NLRB, FLRA, NMB, and DOL, as appropriate.
40

Expected Outputs:

• Maintenance of more accurate datasets.

• Effective prioritization of resources on a regional and national scale.

• Optimized distribution of cases, personnel, and resources.

• Better understanding of client satisfaction with FMCS services.

• Improved data-sharing, more efficient federal resource allocation, and minimized 

duplication of efforts across agencies
41

Strategic Goal #3: Improve communication both internal and external to FMCS

FMCS firmly believes that effective communication is central to the efficiency of its internal 

operations and the quality of its external service delivery. As such, Strategic Goal #3 contains two 

sub-priorities: (1) communication within FMCS, and (2) communication between FMCS and its 

clients, other agencies, and the general public. In both areas, FMCS seeks to emphasize 

engagement, expand access, and increase coordination efforts—whether between departments, 

internal program areas, or with other agencies. The strategies and actions outlined below intend to 

support the Agency in prioritizing this effort through 2026 and beyond.

Objectives:

• Streamline vertical communication between senior leadership, management, and 

employees, as well as lateral communication between departments.

• Increase coordination between departments and activities within FMCS.

• Increase outreach to and engagement of external stakeholders.

Strategies:

• Implement a collaborative teaming approach at all levels of the organization.

• Cascade information in a centralized, consistent, and easily accessible manner.

• Solicit and provide input and feedback whenever possible.

Actions:

• Centralize internal communications into as few platforms as possible.

• Collect success stories from across FMCS.

• Communicate regularly and consistently to interested external stakeholders regarding 

notable activities, program offerings, and promotional information.

• Regularly update the public-facing website and social media platforms.

Expected Outputs:

• Better coordination and utilization of resources with minimal duplication of efforts.

• Informed and engaged workforce.

• Information sharing between departments and across the federal government.

• Broadly improved morale.

• Greater compliance with federal and FMCS requirements.
42

Strategic Goal #4: Prioritize lifelong learning in support of agency mission and 

individual professional development

Over the past 75 years, FMCS has traditionally played a variety of roles in the national labor 

relations community—as a neutral mediator, facilitator, trainer, convener, conflict management 

professional, and more. These roles, and the responsibilities implied therein, apply equally to 

employees. A key through line consistent in this set of roles is the principle of lifelong learning. 

As neutrals, and in fact, across all areas of the agency, it is important to remain open to and actively 

seek out new theories, methods, processes, dynamics, and practices. As such, FMCS seeks to 

establish structures and practices that (a) encourage its employees to pursue individual craft 

mastery and ongoing professional development, and (b) support the Agency more broadly in 

adapting to changes in the field and/or in the federal government.

Objectives:

• Enhance reputation of FMCS as a leader in advanced, current conflict management and 

prevention techniques and service delivery methods.

• Encourage mediators to pursue craft mastery and ongoing professional development.

Strategies:

• Hold all employees to a high standard of subject matter expertise and professionalism.

• Stay current in the fields of industrial relations, conflict management and prevention, and 

ADR regarding innovative service delivery methods and techniques.

• Promote a culture of giving and receiving constructive criticism and feedback.

• Establish structures to promote and incentivize the pursuit of craft mastery.

Actions:

• Provide ongoing incumbent professional development opportunities.

• Encourage coaching of mediators by managers, in addition to peer mentoring.

• Regularly update core professional development training modules and activities that 

ensure mediators deliver consistent, value-add content that supports client needs.

• Expand outreach and coordination efforts in the federal ADR community.

Expected Outputs:

• Greater awareness and use of FMCS services within federal sector.

• Increased engagement in job actions affecting commerce in non-traditional areas and 

industries of labor relations.
43

Stewardship Goal #1: Effectively manage human capital

FMCS believes that its employees are its greatest asset. The Agency’s mission and activities 

are inherently people-focused; as such, FMCS relies on the skills, professional judgement, and 

expertise of its employees, whether in conflict management or in operations, to meet its goals. 

Stewardship Goal #1 prioritizes a strong human capital program that maximizes employee 

engagement, performance, and opportunities, thus allowing FMCS to deliver its high-quality 

mission-driven services. To that end, the Agency commits to the following activities:

Objectives:

• Establish a diverse, highly qualified, and skilled workforce.

• Encourage employees to be highly motivated, high-performing, and engaged.

• Develop a shared sense of responsibility amongst all employees for fostering an 

inclusive, welcoming workplace.

• Provide employees with a flexible working environment that maximizes remote/telework 

opportunities as permitted by duties.

Strategies:

• Foster an engaged workforce that is aligned with Administration and organizational 

goals, initiatives, directives, and values.

• Prioritize DEIA principles and FMCS values, outlined in Section 2, across activities.

• Strengthen the performance management process.

• Establish opportunities for professional development and collaboration with team 

members, coworkers, and clients in the virtual workplace.
44

Actions:

• Empower supervisors to engage employees, recognize performance, foster high morale, 

and strengthen accountability measures.

• Modify performance work plans (PWP) to prioritize DEIA principles and FMCS values 

outlined in Section 2.

• Modify PWPs to include proficiency with technology and remote meeting platforms.

• Enhance training and development opportunities for all employees.

• Use recruitment flexibilities to ensure that FMCS is attracting a diverse and qualified 

workforce that reflects historically underrepresented identities and backgrounds.

• Ensure that all employee PWPs cascade critical elements from the Agency mission and 

strategic plan.

• Tie employee FEVS feedback to management decision-making.

• Remain apprised of and implement current U.S. Office of Personnel Management 

guidelines on effective human resource management practices.

• Remain apprised of all relevant laws, regulations, and Executive Orders and cascade 

action items to staff as appropriate.

• Provide robust, cloud-based tools and trainings that are secure, and fully functional in an 

in-person or virtual setting.

Expected Outputs:

• Increased employee participation in the FEVS and improved Agency rating therein.

• Greater alignment between performance objectives and measurable criteria.

• 100 percent employee participation in mandatory training requirements.

• Broader array of trainings, coaching, and mentoring offerings and programs that further 

incumbent professional development and lifelong learning.
45

Stewardship Goal #2: Ensure responsible financial management

Stewardship Goal #2 is a foundational goal in successfully meeting the FMCS’ obligation for 

taxpayer resources to be allocated wisely and efficiently. Strong, modern financial systems and 

practices, coupled with targeted investments, work to improve reporting, decision-making, and 

accountability, which can lead to cost savings and further efficiencies in how FMCS manages its 

public funds in support of its mission. FMCS will adhere to relevant policies, guidance, and 

regulation to manage appropriated dollars in an efficient manner and ensure compliance.

Objectives:

• Compile financial statements that accurately reflect the Agency’s financial position.

• Ensure broad operational efficiency and effectiveness at all levels.

• Remain compliant with all applicable laws and regulations.

• Ensure an annual budget execution rate of over 99 percent.

Strategies:

• Coordinate with internal program areas to identify and plan appropriately for resources 

needed in current and future years.

• Provide timely and regular financial and budget feedback.

• Review high risk areas of operations to ensure the implementation of comprehensive 

policies and procedures.

• Ensure that managers consider resource management in all decision-making.

Actions:

• Create and monitor monthly report of subscription lists and sets of standard reports and 

reporting deadlines.

• Design and apply internal controls frameworks to specific areas of highest risk.

• Promote employee and manager accountability for efficient modes of service delivery; 

namely, in person or virtual.

• Analyze geographic placement of all staff, in both Headquarters and Field Operations, to 

maximize efficiency of operations.

Expected Outputs:

• Timely submission of reports to intended audience(s).

• Establishment of internal control reference guides for high-risk program areas.

• Completion of monthly budget reports for program areas and offices.

• Completion of monthly financial statements of position reports for senior leadership.

• Clear delegations of authority for managers and employees.

• Overall cost savings in travel as a result of virtual service provision.
46

Stewardship Goal #3: Optimize information technology investments to improve 

process efficiency and foster innovation in support of program mission goals

Technological advancements and current events present a near-constant change to government 

operations and the world of work more broadly. This impacts the expectations that Congress, the 

Administration, clients, and the general public have for how FMCS manages its operations and 

delivers its services. When targeted to specific activities, the right technology investments can 

make vast improvements in process and cost-efficiency, as well as the adaptability and 

responsiveness of the Agency. FMCS seeks to explore innovative technology solutions, while 

maximizing the use and life of its current platforms and tools, in support of its mission.

Objectives:

• Provide high-quality information technology support to enhance FMCS activities.

• Ensure that technology selected maximizes access to FMCS services and ensures smooth 

delivery of those services by FMCS employees to the American public.

• Establish secure digital networks free from unwanted intrusion or misuse.

• Maximize use of current assets to further Agency mission.

Strategies:

• Maintain a regular hardware and software refresh cycle that incorporates prevailing 

cybersecurity tools and methods.

• Research and assess new technology opportunities as they arise to further enhance FMCS 

service delivery, case management, and data analysis.

Actions:

• Maintain a highly functional, under-warranty environment for hardware and software.

• Ensure that all Agency-issued hardware and software have the most current updates, 

patches, and cyber protections available.

• Transition to all-electronic filing of F7 notices that flows into internal case assignment 

and management processes.

• Remain apprised of developments in the field through research, conferences, vendor 

demonstrations, and other means.

Expected Outputs:

• Maintenance of technology solutions that are effective, yet unobtrusive, and that 

maximize network and information security.

• Implementation of technology solutions that enhance service delivery and monitoring.

• 100 percent compliance with information technology security updates and patches.
47

Stewardship Goal #4: Protect the safety and integrity of our human, physical, 

and digital assets

Ensuring safety across all aspects of internal and external operations remains a top priority for 

the Agency and is therefore reflected in Stewardship Goal #4. Herein, FMCS seeks to prioritize 

the continuity and health of its daily operations, facilities, digital assets, and employees. This 

includes digital security countermeasures and prevention of data breaches, emergency response 

preparedness, flexible workplace opportunities, and other actions. Notably, FMCS also builds on 

prior strategic plans by placing emphasis on not only the physical health, but the mental health and 

wellbeing of its employees. The Agency monitors and updates its technology related to safety and 

integrity to ensure that it remains current and compliant with regulation.

Objectives:

• Safeguard confidential employee and business information.

• Ensure the physical safety of FMCS employees, resources, and physical assets.

• Prevent data breaches and disclosure of personally identifiable information.

Strategies:

• Assess FMCS operations and facilities to ensure compliance with federal regulations.

• Continue to improve relationships with the General Services Administration, Federal 

Protective Services, and lessors.

• Provide employees with seamless security systems and measures.

• Promote the mental and physical health of all employees.

• Enable security countermeasures that automatically detect threats.

Actions:

• Assess the adequacy of physical security plans, policies, and procedures for FMCS Field 

Offices.

• Require multi-factor authentication at initial computer login.

• Use Geographic Information Systems to visualize employee locations and respond to all 

safety needs (i.e., severe weather or other emergency event) in a timely fashion, in 

accordance with Agency COOP planning.

• Perform gap analysis to ensure alignment with minimum cybersecurity standards, in 

accordance with the Interagency Security Committee and relevant guidance from the 

Cybersecurity and Infrastructure Security Agency.

• Implement agencywide Controlled Unclassified Information program and provide 

training to all employees.

• Provide greater flexibility around working hours and collaboration time, as well as 

respect for non-work time of employees.

• Provide training to maximize emergency readiness and awareness such that employees 

can effectively prevent and/or respond to cyber threats.
48

• Manage software and hardware inventories through use of agents to monitor current 

status of applications and programs that are running and installed on each system.

Expected Outputs:

• Mitigated risk of physical or digital asset theft, terrorism, fire, other physical harm,

and/or compromise to sensitive information.

• Efficient and timely response to ensure safety of personnel and physical assets in 

response to weather or other emergency events.

• Respect for physical and mental health of employees.
49

Stewardship Goal #5: Maximize available resources through effective 

procurement management and inventory control

Stewardship Goal #5 reflects FMCS’ commitment to meeting the highest levels of 

procurement integrity in accordance with federal regulations. Adherence to procurement 

laws, policies, and related Executive Orders allows FMCS to maximize the value of 

taxpayer dollars and maintain public trust in government. FMCS remains mindful that 

among these policies are Executive Order 13985 “Advancing Racial Equity and Support 

for Underserved Communities through the Federal Government” (January 20, 2021) and 

its associated OMB guidance (December 2, 2021), which seek to increase equity in 

procurement solutions. The Agency seeks to regularly review and update its procurement 

activities and inventory controls to ensure that they remain up-to-date, accurate, and 

compliant with industry and government-wide best practices.

Objectives:

• Ensure compliance with all procurement and purchasing laws and requirements, 

while ensuring equity in procurement solutions.

• Prioritize accurate inventory control.

Strategies:

• Use acquisition planning in procurement activities to ensure that Agency needs 

are met in the most effective, efficient, ethical, and timely manner.

• Maximize use of current supply and equipment inventory.

• Use Hardware Asset Management and Software Asset Management inventory 

agents to monitor current state, as well as level of readiness and compliance.

Actions:

• Review and update procurement policies and directives, in accordance with 

relevant Executive Orders and other Administration guidelines.

• Develop procurement-related training for program staff.

• Increase use of government-wide acquisition and best in class solutions.

• Use a comprehensive approach to acquisition planning.

• Actively maintain inventories of network connected assets and their software to 

optimize licensing, warranties, and future procurement needs.

Expected Outputs:

• Mitigation of wasteful spending for services, supplies, and equipment.

• Enhanced procurement regulations, policies, and procedures knowledge.

• Reduced risk of procurement fraud and conflicts of interest.

• Use of up-to-date computer hardware and software.

• Smaller inventories of equipment and licensing.
50
51

Endnotes

i https://www.whitehouse.gov/wp-content/uploads/2022/02/White-House-Task-Force-on-WorkerOrganizing-and-Empowerment-Report.pdf, Accessed 3/24/2022. ii https://www.nlrb.gov/news-outreach/news-story/first-three-quarters-union-election-petitions-up-56-

exceeding-all-fy21, Accessed 8/16/2022. iii A card check is part of a voluntary recognition process. An employer agrees to recognize a labor 

organization as the exclusive representative of their employees for purposes of collective bargaining if 

a majority of employees in an appropriate unit indicate that they would like to be represented by that 

organization. It typically involves an agreed-upon neutral third party counting cards signed by 

employees and determining whether a majority of employees desire such representation.

iv Section 8(d) of the National Labor Relations Act, as amended, 29 U.S.C. §158(d) requires that any 

employer or labor organization provide notice to the FMCS 30 days prior to contract expiration. Not 

all cases providing notices are assigned. Actual 2022 FMCS case intake was more than 16,000. v

 Mediated cases represent the number of cases in the FY where mediators have become active in the 

negotiations.

vi Defined as the number of mediated cases settled divided by the total number of mediated cases.

vii Significant cases are generally defined as situations where the bargaining unit exceeds 1,000.

viii Defined as the number of grievance mediation cases settled and closed within the fiscal year divided by 

the number of closed GM assignments. ix Defined as the number of ADR cases settled divided by the number of mediated cases closed. x

 FMCS requires all mediators to engage in outreach efforts. These kinds of activities include nonbargaining meetings with labor and management representatives, attendance at conferences, meetings 

with local and state officials to offer FMCS services, and presentations designed to increase public 

knowledge.