Planning for Progress

Labor-Management

Committees

Promoting the development of sound and stable

labor-management relations,

Preventing or minimizing work stoppages

by assisting labor and management in settling

their disputes through mediation,

Advocating collective bargaining, mediation

and voluntary arbitration as the preferred processes

for settling issues between employers

and representatives of employees,

Developing the art, science and practice

of conflict resolution, and

Fostering the establishment and maintenance

of constructive joint processes to improve

labor-management relationships, employment

security and organizational effectiveness.

Mission

250 E Street, SW

Washington, DC 20427

(202) 606-8100

www.fmcs.gov
Table of Contents

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Determining the need for

a Labor-Management Committee . . . . . . . . . . . . . . . 2

Why consider a Labor-Management Committee? . . . 3

Obtaining labor and management agreement and

commitment to a Labor-Management Committee . . 4

Planning for success . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Hints on minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Do’s and don’ts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Problems inherent in joint committees. . . . . . . . . . . 10

In summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Sample format of bylaws for joint committees . . . . . 12

Sample format of contract language

establishing a joint committee . . . . . . . . . . . . . . . . . 14

E

ach year many new labor-management committees are formed by companies and unions

representing their employees with the assistance

of the Federal Mediation and Conciliation Service.

Although labor-management committees have been

on the American industrial relations scene for many

years, there is continued interest in the concept as a

means of promoting industrial peace.

Job enrichment and employee involvement at the

worksite have drawn much interest in the industrial

relations community. Considerable publicity has attended successful workplace programs that improve

company profits, promote productivity, increase

employee security and provide satisfaction to participants in labor-management committees.

Worksite, area and industry-wide labor-management

committees have helped stabilize labor relations within

communities and throughout industries.

The goals of such committees can range from a sincere

desire to simply improve communications to an extensive program aimed at modifying behavior patterns, job

enrichment and productivity improvement. Regardless

of their goals, they have one thing in common—the

essential need for representatives of labor and management to join together to talk about mutual problems.

The labor-management committee is one of the keys

to accomplishing this.

“With a history of more than 60 years of

providing mediation and facilitation services,

FMCS has more collective experience in dispute

resolution than any other agency of

government.”

Why FMCS?

Planning for Progress

Labor-Management

Committees

1
Why Consider a

Labor-Management Committee?

The labor-management committee is not a substitute for the grievance procedure or contract negotiations. But it can contribute to making both more

effective forums for constructive resolution of disputes.

As such, the labor-management committee can

develop into a significant factor in improving the

labor relations climate in organizations. From a

practical standpoint, both labor and management want

to know why they should shift from an adversary position to one of mutual cooperation. In other words,

“what’s in it for my organization?”

What’s in it for Management?

1. A forum to review business conditions, quality

problems, product development, customer

requirements and other related matters that

demonstrate the relationship of the employees’

role in the success or failure of the business.

2. An opportunity for advance discussion of

operational problems, planning and scheduling,

and other matters that have potential impact on

employee work schedules, overtime scheduling,

layoffs, recalls, temporary transfers or new job

opportunities.

3. An open channel of communication for top

management to establish rapport with the union

committee without becoming bogged down in

day-to-day labor relations problems, including

grievances.

4. An opportunity for management to be

responsive to constructive suggestions and valid

complaints, demonstrating to the union and

employees that management is sincerely

interested in improving the workplace.

5. A means of communicating with employees

through their elected leaders.

Determining the Need for a

Labor-Management Committee

All too often, the only formal means of communication

between labor and management is the contractual

grievance procedure and contract negotiations.

That line of communication is strictly one between

adversaries. A “win-lose” atmosphere is not conducive

to solving other matters of mutual concern. The result

is that top management is often insulated from the

operational problems that spill over to become labor

relations disputes. The parties find that routine problems that have no avenue for attention ultimately land

on the bargaining table at contract time.

Clues that indicate the need for a worksite labormanagement committee may become obvious in

contract negotiations. And all too often, after the

contract is settled, the unresolved problems are pushed

to the side. Allowed to fester, they become grievances

or critical issues in the next set of contract negotiations.

Thus the divisive cycle repeats itself.

Some clues that indicate the need for an improved means

of communication between labor and management?

1. An unusually high number of grievances, or

repetitive grievances on the same issues.

2. Lack of use or improper use of the grievance

procedure.

3. Few settlements of grievances in lower steps or an

excessive number of arbitration cases.

4. A larger number of “relationship-type” demands

during contract negotiations.

5. Distrust that breeds poor attitudes at the

bargaining table.

6. An indication of economic crisis within a

company, i.e., partial workplace closure, low

productivity, poor quality, inability to compete.

7. A breakdown of communications at all levels.

2 3
Planning for Success

Good intentions must be accompanied by proper

planning and organization. It’s in this key phase that

the mediator’s experience and guidance can be most

valuable.

Once the agreement and commitment to the establishment of a labor-management committee have been

obtained, an organizational meeting is necessary. This

meeting requires the involvement of the decision makers

from management and labor, since the composition of

the labor-management committee and the guidelines it

will follow will be made and endorsed at this session.

The guidelines should include statements on:

1. The purpose and commitment of the committee,

which may be signed by leaders of both parties.

2. The structure and size of the committee.

3. A procedure for the timing, size and exchange

of agendas.

4. The time, place, duration and frequency of

meetings.

5. The method for taking and maintaining minutes

of the meetings.

6. Other matters unique to their particular

relationship.

7. Each party should assign top representatives as

permanent members. Provision should also be

made for the rotation of “at-large” members.

Management should have a top operations official, such

as the workplace manager or facility administrator, and

the Labor Relations or Human Resources manager as

part of its permanent committee. The union’s permanent committee members should include its international or business representative, the local union president or chief steward, as well as the shop committee or

key members of the executive board. It is also suggested

that no alternates or substitutes be permitted as permanent members of the committee.

What’s in it for Labor?

1. A channel of communication to top

management.

2. A chance for input on operational problems and

management plans that affect employees’ work

schedules, job assignments and working

conditions.

3. An avenue to express employee complaints that

lie outside the normal grievance procedure.

4. An opportunity to resolve minor problems

before they become significant grievances.

5. Recognition, by management, of the union as a

responsible organization with a constructive role

beyond that of simply processing grievances.

6. A means of strengthening communications with

the membership.

Obtaining Labor and Management

Agreement and Commitment

The first step in minimizing labor-management conflict during the term of an agreement is for both parties

to recognize their mutual problems and be willing

to make the necessary commitment to resolve them.

Federal mediators are in a unique position to provide

expert assistance in the formation of a labor-management committee. Although the mediator can assist the

parties in establishing a mechanism to help solve their

problems, labor and management have the final

responsibility for the resolution of their problems.

Obviously, the commitment of the parties will have

considerable bearing on the effectiveness of any labormanagement committee. Top management in the

organization must support the concept. Local union

officials and stewards must get the support and understanding of the rank-and-file membership.

4 5
Hints on Minutes

While proceedings of labor-management committee

meetings tend to be conducted in an informal

atmosphere, the need for some written record is

important. Minutes demand a strong sense of

credibility. The minutes must accurately reflect the

discussions to be credible.

• Minutes can be recorded by both parties. These

minutes might be pooled, edited and approved

by both parties prior to final preparation and

distribution.

• The minutes should record “old business,”

reflecting items satisfactorily disposed of, as well as

“open” items still under study. This shows a positive

cause-and-effect relationship that demonstrates the

value of the labor-management committee to the

membership as an avenue for valid complaints or

suggestions. This not only lends support to the

union committee’s participation, but also places

management in a positive light as being responsive

to constructive suggestions.

• It should be agreed that these written proceedings

will not be introduced into any grievance or

arbitration hearing. This is vital, since maintaining

an uninhibited, free exchange of dialogue is critical

for success.

• A method for distribution of minutes should be

agreed upon. Minutes can be posted on workplace

bulletin boards, presented at staff or employee

meetings, at union membership meetings and,

possibly, mailed to employees’ homes. They should

be cosigned by representatives of both parties.

Rotating members, a supervisor and steward, for example, can be chosen from the same department. This

method of rotation gives each group in the workplace

an opportunity for coordinated participation. The “atlarge” rotating members also lend credibility by providing an open door for potential skeptics.

A determination for chairing the structure permanently

should be made. The mediator usually chairs the first

few meetings. Once the parties are proceeding successfully, the mediator withdraws.

Chairing then usually alternates between both parties.

The mediator remains involved as long as the parties

want third-party assistance. The mediator will be available if the parties encounter a special problem that

requires third-party help.

It is important to determine the procedure for the

exchange, timing and size of each agenda. It is beneficial

for both parties to specify subjects for the agenda and to

submit them to the other party several days in advance

of the meeting. The parties should be encouraged not to

be so rigid in their agenda requirements that a hot issue

cannot be placed on the agenda at the last minute by

mutual consent. Urgent business should be aired first

to keep tensions at a minimum. Topics that remain will

then be given consideration in a more relaxed atmosphere. Each committee member, in turn, should be

given an opportunity to express opinions on each issue.

Meetings should be regularly scheduled to assure continuity. Initially, the frequency should be once a month

for two hours. The frequency and duration can be

expanded or reduced to suit the needs of each situation.

Other general guidelines may be established, such as:

• Neither party may demand or propose any change

in the language of their current agreement.

• Active grievances will not be discussed. This should

not prohibit the discussion of serious problems that

may, in an incidental manner, be covered by an

active grievance.

6 7
Do’s and Don’ts

Once the labor-management committee has been

set up and organizational items have been agreed

upon, the success of the committee depends on the

parties. Based on past experience, federal mediators

have identified some of the “do’s” and “don’ts” that

provide the framework for success.

Do Keep the discussion centered on the issue

involved.

Do Keep personalities from becoming involved.

Do Hold all meetings as scheduled. Cancel

meetings only in an emergency. Be prompt

in attending the meetings.

Do Submit the agenda in advance to allow the

opposite party sufficient time to investigate

problems.

Do In submitting the agenda, identify all items

to be discussed.

Do Maintain an agreed-to procedure on

recording and drafting the minutes, as well

as methods of distribution.

Do Maintain accurate minutes on subjects

discussed at the previous meetings that have

been “ completed’ or “resolved” as well as

those items still “open.”

Do Be sure the committee concept is explained

to and understood by employees and

supervisors.

Don’t Start the first meeting with extremely

difficult issues. Get accustomed to this

problem-solving technique by tackling

rather minor problems first.

Don’t Allow the meetings to become gripe

sessions.

Don’t Deal in generalities. Be specific about the

problem and its suggested correction.

Don’t Anticipate that you know the answer to

a question before it has been discussed.

Ask questions to get the facts.

Don’t Treat any issue on the agenda as being

unimportant. Each item on the agenda

deserves thorough investigation and

discussion.

Don’t Delay in communicating solutions

developed for serious problems, or the

outcome of issues discussed.

Don’t Start scheduled meetings late, or drag

them on beyond the allotted time.

This has often brought failure.

Don’t Look for immediate results.

And remember, it is important that less serious

problems be discussed initially to familiarize everyone with the committee operation and the process

of working together to solve problems.

8 9
Problems Inherent in Joint Committees

The labor-management committee is no panacea.

It requires sincere people who are willing to give

it a try. Management has an understandable anxiety

about the labor-management committee as a vehicle

for encroaching on its right to manage. Management

recognizes that the committee may require more time

off with pay for union members who participate,

and that it will require time and attention of top

management personnel.

On the other hand, labor representatives are

susceptible to the political implications of how their

members might view their participation in labormanagement committee meetings. Union leaders

don’t want to be charged with getting too cozy with

management. They have little interest in consulting

with management unless they can make a serious

contribution. They don’t want to be patronized.

The problem-solving approach of the labormanagement committee does not imply a shifting or

reduction of power. It is simply a better means of

communicating and exercising the responsibility of

leadership. It is an approach that can make the labormanagement relationship mutually beneficial.

In Summary

Today’s complex economic problems call for new

efforts by labor and management to pull together in a

spirit of cooperation to make the most productive use

of their skills and resources.

The introduction of technology to regions of the

world with lower costs, the increasing need for costly

raw materials from abroad, and the pressure from

foreign producers on domestic suppliers have had a

profound impact on the American economy.

At home, rapid technological change has had a farreaching effect in the American workplace, creating

new opportunities, changing the nature of jobs and

transforming the work environment. Social and

educational changes are also impacting labor and

management. A rising level of education, the influx

of youth, minorities and women into the workforce,

and employee lifestyle issues are affecting management

and unions alike.

Many management and labor representatives recognize

that new approaches are needed to deal cooperatively

with mutual problems. They recognize that business-asusual is no longer a viable approach to these problems.

There is general agreement that more cooperation is

needed to:

1. Involve employees in solving workplace

problems.

2. Reduce waste due to absenteeism, turnover, lack

of training, accidents, low morale and employee

dissatisfaction.

3. Utilize more fully the skills and knowledge of

employees.

4. Work more efficiently and competitively to

reduce costs.

The best ideas for improving the way a job is done

often come from the people doing the job. Every

organization benefits from the ideas and skills of the

people working in it, just as employees’ security

depends on the success and growth of the firm.

Federal mediators are committed to helping management and labor meet these goals. They stand ready

to provide counsel and assistance to America’s labormanagement community.

10 11
Sample Format of Committee Bylaws

Joint Labor-Management Committee

Purpose

To investigate, study and discuss possible solutions to

mutual problems affecting labor-management relations.

Representation

Union

Five members: president, business agent, secretarytreasurer and two stewards.

Company

Five members: top management representatives,

department head, two labor relations representatives

and one other operating member from the departments working under the union contract.

The company’s general manager and the international

representative of the union are ex-officio members.

Substitutes may be chosen by mutual consent, but it is

recognized that a continuity of membership is required.

The operating members from management and the two

representatives from the union, other than the president,

business agent and secretary-treasurer, will be rotated

every 12 months.

Chairing

Responsibility for chairing meetings shall alternate each

meeting between the union and management. Each

party will determine whether their chair assignment will

be permanent or rotate among their members.

Reporting

Topics will be recorded as they are discussed. Any procedures or recommendations developing from these meetings will be communicated to the proper group; i.e.,

Operating Department, Joint Standing Committee,

Negotiating Committee, etc.

Drafts of the minutes of meetings will be refined by one

designated representative from each party.

Date and Time of Meetings

Meetings shall be held once a month, and they shall be

limited to two hours. An agenda shall be submitted 48

hours prior to the meetings to both parties. At the first

meeting, a specific day and time shall be selected for

future meetings. Every attempt shall be made to keep

such a schedule, realizing that some flexibility is

necessary.

Topics not on the agenda shall not be discussed but

rather shall be placed on the following month’s agenda.

The agenda shall include a brief description of each item

to be discussed. Emergency items may be added to the

agenda by mutual consent.

Discussion of agenda topics will be alternated, with the

party occupying the chair exercising the right to designate the first topic.

General Guides

It is recognized that recommendations growing out of

these meetings are not binding.

1. No grievances shall be discussed and no bargaining shall take place.

2. Topics that could lead to grievances may be

discussed.

3. Each person wishing to speak shall be recognized

by the Chair before speaking.

4. The Chair shall recognize a motion from either

party to table a topic for further study.

5. Either party may initiate a request to the Federal

Mediation and Conciliation Service for assistance.

6. Each topic shall be discussed fully and action

reached before proceeding to another topic. Topics

requiring further study may be tabled. Where

mutually satisfactory decisions are not reached,

the topic shall be cancelled, reverting to its proper

place in the labor-management relationship—for

instance, grievance procedure, negotiations, etc.

12 13
Sample Format of Contract Language

Sec. 2 Joint Study Committee

2.51 The Company and the Union, desiring to

foster better day-to-day communications,

and to achieve and maintain a mutually

beneficial relationship through the use of a

continuing communications program to effectively maintain stable labor-management

relations and avoid controversies, do hereby

establish these bylaws for a Joint Study

Committee.

2.52 The purpose of the Committee is to discuss,

explore and study problems referred to it by

the parties to this Agreement. The Committee, by mutual agreement, shall be authorized to make recommendations on those

problems that have been discussed, explored

and studied.

2.53 In order to have a frank and open discussion, the Committee shall have no authority

to change, delete or modify any of the terms

of the existing Company-Union Agreement,

nor to settle grievances arising under the

Company-Union Agreement. Committee

discussions shall not be publicized except for

those recommendations that have been

mutually agreed upon.

2.54 The Committee shall be composed of 10

members, five representing the Union and

five representing the Company. The Union

Committee shall include the President of the

Local Union, the International Representative

or Business Agent and the three Chief

Stewards. The Company Committee shall

include the General Manager, Labor

Relations Manager, Facility Manager and two

other Management representatives appointed

by the Company. A representative of the

Federal Mediation and Conciliation Service

may be invited to attend and participate in

Committee meetings.

2.55 Chairing the Committee shall alternate between a representative appointed by

Management and a representative appointed

by the Union. The representative appointed

as Chair shall serve a term commencing with

the close of the meeting at which the

appointment is announced and continue

until the end of the next meeting.

Meetings shall be held on a day designated by

the Chair during the first full calendar week

of the month. However, interim meetings

may be held if mutually agreed to by the

Committee.

Meetings shall be conducted in the workplace

facility unless otherwise agreed to.

Meetings shall begin at a time agreed upon

by the parties.

The Chair shall cause an agenda to be

prepared for the meeting and distributed to

all members at least two working days prior

to the meeting.

14 15
FMCS Organization

FMCS mediators work out of more than 60 field

offices around the United States, administered through

10 geographic regions. For more information, contact

the FMCS National Office or visit www.fmcs.gov to

locate the field office nearest you.

National Office

Federal Mediation and Conciliation Service

One Independence Square

250 E Street, SW

Washington, DC 20427

Phone: (202) 606-8100 Fax: (202) 606-4251

Website: www.fmcs.gov

Notes

16