FEDERAL MEDIATION AND CONCILIATION SERVICE

FISCAL YEAR 2025 

Congressional Budget Submission

Submitted to

Congress

March, 2024

i

FEDERAL MEDIATION AND CONCILIATION SERVICE

FISCAL YEAR 2025

Congressional Budget Submission

Table of Contents

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

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

II. Program Structure and Service Descriptions.......................................................... 3

Collective Bargaining Mediation.................................................................................. 4

Early Intervention ......................................................................................................... 4

Collective Actions......................................................................................................... 5

Relationship-Development and Training...................................................................... 5

Grievance Mediation..................................................................................................... 6

Alternative Dispute Resolution (ADR) Services to Government................................. 6

Systemic Interventions.................................................................................................. 8

Arbitration Service........................................................................................................ 9

FMCS Institute for Conflict Management.................................................................... 9

International Training and Exchange............................................................................ 9

Accountable Government ........................................................................................... 10

Customer Experience and Digital Service Delivery ................................................... 10

Diversity, Equity, Inclusion and Accessibility (DEIA) .............................................. 11

Retaining Records and Safeguarding Information...................................................... 11

Cybersecurity .............................................................................................................. 11

Expanded Hiring Practices and Managing Performance ............................................ 12

Promoting Employee Engagement ............................................................................. 12

Conclusion .................................................................................................................. 13

III. Appropriation Language ....................................................................................... 14

IV. FMCS Organizational Chart ................................................................................. 15

V. Statutory and Other Legal Authority .................................................................... 16

VI. Budget Tables and Detailed Financial Requirements........................................... 20
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VIII. Workload Projections–2024 and 2025.................................................................. 27

IX. Annual Performance Plan ..................................................................................... 30

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

services..................................................................................................................... 31

Strategic Goal #3: Improve communication both internal and external to FMCS ..... 35

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

individual professional development....................................................................... 36

Stewardship Goal #1: Effectively manage human capital .......................................... 37

Stewardship Goal #2: Ensure responsible financial management .............................. 39

Stewardship Goal #3: Optimize information technology investments to improve 

process efficiency and foster innovation in support of program mission goals....... 40

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

digital assets............................................................................................................. 41

Stewardship Goal #5: Maximize available resources through effective procurement 

management and inventory control.......................................................................... 43
1

Fiscal Year 2025 Budget Request

I. Executive Summary

More than seventy-five years ago, Congress created the Federal Mediation and 

Conciliation Service (FMCS) through the Labor-Management Relations Act of 1947 (TaftHartley) amendments to the National Labor Relations Act (NLRA) as an independent 

agency of the federal government and charged it 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 labor-management 

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 

businesses 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 employment and job security, and promote organizational efficiency.

The need for FMCS conflict resolution services is just as great in 2025 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, medical 

requirements, and managing a dispersed workforce. The scope and speed of these changes

present enormous challenges and opportunities for American workers and employers 

across all economic sectors. FMCS commits to assist with making this transition as smooth 

as possible.
2

Budget Request Overview

FMCS requests $53,705,000 for 2025. This request represents no change from its 

enacted 2023 appropriation.

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

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

to negotiate in good faith. Starting in 2023, FMCS has augmented its standard outreach 

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

effort by FMCS to train and assist these new units will provide them the skills and 

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

contentious environment.

In 2025, FMCS will continue to play 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 FMCS will also expand its role in resolving administrative disputes and mediating 

regulatory negotiations.

Beginning in 2024, FMCS instituted a national strategic approach for convening private 

sector parties in labor disputes with work stoppages that have occurred for 30 continuous 

calendar days. Mediators will continue to convene parties and offer FMCS services while 

the work stoppage remains in effect. This approach positions the agency to more efficiently 

and effectively serve its mission of minimizing disruptions to the economy.

FMCS will also continue to meet administration initiatives relating to equity and 

operational security. In 2023, FMCS consolidated responsibilities for physical security, 

personnel security, controlled unclassified information (CUI), and continuity of operations 

(COOP) into a new office of operational security and emergency management.

FMCS has also undertaken significant programming, training, and travel investments in 

more fully developing its equal employment opportunity (EEO) program. Activities

include increased recruiting outreach and internal training and programming.

FMCS is proud of its past accomplishments and looks forward, in 2025, 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.
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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 

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

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

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.

United Electrical, Radio and Machine Workers (UE) Local 1004

and Henry Mayo Newhall Hospital

FMCS assisted UE Local 1004 and Henry Mayo Newhall Hospital

reach agreement following a one-day strike that took place in March 

2023.

The agreement followed four months of challenging negotiations 

between the 700-member patient care team and the hospital over the 

rigors and conditions resulting from the COVID-19 pandemic and other 

economic issues. The parties requested FMCS assistance in early

March and ratified a new three-year agreement on April 20.
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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.

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.
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• 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.ii 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.

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. FMCS provides ADR services to federal 

agencies on a cost-reimbursable basis in accordance with the Administrative Dispute 

Resolution Act of 1996 (ADRA). This act 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, and arbitration.

In recent years, FMCS has seen a marked increase in work where its mediators serve as 

facilitators in high-profile, complex matters in the public policy and negotiated rulemaking 

arena. With FMCS’s assistance, agencies obtain stakeholder expertise and public opinion 

to tackle some of the most difficult and high-impact questions of the day without resorting 

to lengthy legal challenges. 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.

In fiscal year 2023, FMCS had projects with the Office of the President, the Federal 

Aviation Administration (FAA), Department of the Interior (DOI), Department of Energy 

(DOE), and the Department of Education. The subject matter ranged from dam removal, 

aircraft noise policy, self-governance of Tribes, commercial air conditioners, and student 

debt. These consensus-based projects have taken on more importance given the recent 

challenges to large-impact rules of federal agencies.
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To ensure FMCS has the capacity it needs to continue this important work, FMCS has 

created a formal public policy and negotiated rulemaking (PPNR) program. Through this 

new program, FMCS provides comprehensive training to all mediators engaging in this 

work and has updated its procedures to ensure efficient work processes.

In response to recommendations of the President’s 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 2025 and beyond.

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.

• 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.

ADR Services in Government

FMCS and mediators from the Surface Transportation Board (STB)

assisted Amtrak, CSX Transportation, Norfolk Southern and the Port 

of Mobile, AL in reaching their November 22, 2022, agreement.

The agreement brings the Gulf Coast one step closer to the restoration 

and expansion of passenger rail service between New Orleans and 

Mobile almost two decades after Hurricane Katrina caused a major 

disruption to the region’s rail infrastructure.

FMCS and STB held 46 mediation sessions for more than 150 total 

hours, ending six years of stalled negotiations.
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• 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.

• 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.
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• 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 Service

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

The FMCS arbitration service 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 

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 2023, 

FMCS provided programs in Kosovo, Indonesia, and Mexico.
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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 year 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 2025 and beyond, FMCS will further its implementation of Executive Order 14058 

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

• Continuation of an internal working group that has identified ways to reduce 

administrative burdens and improve transparency on the FMCS customer-facing 

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;

• 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.
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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), FMCS will increase 

set-asides for socially and economically disadvantaged businesses. FMCS is increasing its 

outreach to underserved communities and minority serving institutions to establish 

meaningful partnerships and provide education about our services. 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 2025, 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 

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.
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Table 1 : National Institute of Standards and Technology Cybersecurity Framework

NIST Framework 2023 2024 2025

($ millions) Actual Estimated Requested

Identify ...................... 0.2996 0.3116 0.3038

Protect ....................... 0.6503 0.6763 0.6766

Detect ........................ 0.2256 0.2346 0.1984

Respond..................... 0.1734 0.1803 0.1654

Recover ..................... 0.2787 0.2900 0.2325

Total $1.6276 $1.6928 $1.5767

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. In 2024, FMCS fully 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 2025, FMCS will continue to encourage diverse viewpoints and 

innovation, solicit employee feedback, and practice open communications and 

transparency.

FMCS will continue to use different strategies 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 

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

FMCS workforce on a regular basis.
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Conclusion

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

2025, 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 $53,705,000.
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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, $53,705,000: 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.
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IV. FMCS Organizational Chart

Director

(Vacant)

Equal Employment 

Opportunity

Operational Security

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

General

Counsel

As of Mar. 11, 2024
16

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. 

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
17

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 

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 
18

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 regulatory

negotiation “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.
19

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.
20

VI. Budget Tables and Detailed Financial Requirements

FEDERAL MEDIATION AND CONCILIATION SERVICE

BUDGET AND STAFFING BY ACTIVITY

FY 2023 FY 2024 FY 2025

Total Program

Increase or 

(Decrease)

Enacted Estimated Request 2024 to 2025

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.................................... 146 42,021 170 42,654 170 43,215 0 561

2. Arbitration Services ..................... 6 824 4 1,225 4 1,265 0 40

3. Headquarters and Operational 

Support......................................... 45 10,860 34 9,826 34 9,225 0 (601) 

4. Labor-Management Grants.......... 0 0 0 0 0 0 0 0 

Sub-Total Appropriated 197 $53,705 208 $53,705 208 $53,705 0 $0 
21

BUDGET AND STAFFING BY ACTIVITY

FY 2023 FY 2024 FY 2025

Total Program

Increase or 

(Decrease)

Enacted Estimated Request 2024 to 2025

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.......................... 5 2,387 12 3,017 14 3,651 2 634

6. FMCS Internal Training and 

Education ..................................... 0 1,351 0 1,462 0 1,130 0 (332)

Sub-Total Reimbursable 5 $3,738 12 $4,479 14 $4,781 2 $302

TOTAL RESOURCES 202 $57,443 220 $58,184 222 $58,486 2 $302
22

FEDERAL MEDIATION AND CONCILIATION SERVICE

BUDGET ESTIMATES FISCAL YEAR 2025

FINANCIAL REQUIREMENTS

(in thousands of dollars)

FY 2023 FY 2024 FY 2025 2024 to 2025

Enacted Estimated Request Change (+/-)

Personnel Compensation $26,362 $28,990 $30,913 $1,923

Full-Time Permanent 25,790 28,470 30,443 1,973

Other Than Full-Time Permanent - - - -

Other Personnel Compensation - - - -

Other Premium and Differential Pay 6 10 10 -

Overtime 14 10 10 -

Other Personnel Compensation-Awards 552 500 450 (50)

Special Personal Services Payments - - - -

Personnel Benefits $9,550 $10,664 $11,060 $396

Benefits/Retirement 9,461 10,582 10,977 395

Incentives 8 1 1 -

Allowances 21 21 22 1

Special Payments of Other Funds 60 60 60 -

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

Benefits for Former Personnel $0 $20 $20 $0

Travel and Transportation of Persons $1,454 $1,590 $1,600 $10

Domestic TDY 1,387 1,590 1,600 10

Foreign Travel 3 - - -

Training Travel 25 - - -

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

Conference Travel 39 - - -
23

BUDGET ESTIMATES FISCAL YEAR 2025

FINANCIAL REQUIREMENTS

(in thousands of dollars)

FY 2023 FY 2024 FY 2025 2024 to 2025

Enacted Estimated Request Change (+/-)

Transportation of Things $36 $46 $28 $(18)

Transportation of Things 36 46 28 (18)

Relocation - - - -

Rent, Communications, and Utilities $5,187 $3,650 $3,000 $(650)

Rental Payments to GSA 4,505 3,012 2,511 (501)

Rental Payments to Others 126 200 60 (140)

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

Utilities 286 160 160 -

ADP Rental 2 - - -

Telecommunications 267 274 265 (9)

Other Rentals - - - -

Postage 1 4 4 -

Printing and Reproduction $64 $125 $70 $(55)

Government Printing - 65 70 5

Commercial Printing and Duplication 64 60 - (60)

Advertising/Radio/TV - - - -

Other Contractual Services $4,789 $4,832 $4,424 $(408)

Advisory and Assistance Services 1,003 622 322 (300)

Other Services from Non-Federal Sources 52 19 19 -

Other Goods and Services from Federal Sources 2,133 2,210 2,350 140

Operation and Maintenance of Facilities 4 5 5 -

Research and Development Contracts - - - -

Medical Care - - - -

Operation and Maintenance of Equipment - - - -
24

BUDGET ESTIMATES FISCAL YEAR 2025

FINANCIAL REQUIREMENTS

(in thousands of dollars)

FY 2023 FY 2024 FY 2025 2024 to 2025

Enacted Estimated Request Change (+/-)

Other Contractual Services (continued)

Operation and Maint. of Equipment (Non-Travel) 1,597 1,976 1,728 (248)

Relocation/PCS - - - -

Subsistence and Support of Persons - - - -

Supplies and Materials $139 $263 $160 $(103)

Office Supplies and Publications 104 190 117 (73)

ADP Supplies and Materials 33 70 40 (30)

Fuel - - - -

Materials/Parts - - - -

Other Supplies 2 3 3 -

Equipment $5,259 $3,525 $2,430 $(1,095)

Manufacturing/Production Equipment - - - - ADP Software 4,643 3,175 2,030 (1,145)

ADP Equipment/Hardware 504 300 350 (50)

Telecommunications Equipment 101 36 36 -

Other Equipment and Property 10 14 14 -

Grants, Subsidies, and Contributions $- $- $- $-

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

Unobligated $866 $- $- $-

Total - Appropriations $53,705 $53,705 $53,705 $0
25

BUDGET ESTIMATES FISCAL YEAR 2025

FINANCIAL REQUIREMENTS

(in thousands of dollars)

FY 2023 FY 2024 FY 2025 2024 to 2025

Enacted Estimated Request Change (+/-)

Direct Funds

Personnel Compensation - - - -

Personnel Benefits - - - -

Travel and Transportation of Persons 795 1,024 1,024 -

Transportation of Things - -

Rent, Communications, and Utilities - - - -

Printing and Reproduction - - - -

Other Contractual Services - - -

Supplies and Material 500 430 100 (330)

Equipment 56 8 6 (2)

Total - Direct Funds $1,351 $1,462 $1,130 $(332)

Reimbursable Funds

Personnel Compensation 1,410 2,000 2,364 364

Personnel Benefits 452 668 823 155

Travel and Transportation of Persons 276 189 206 17

Transportation of Things - - - -

Rent, Communications, and Utilities - 5 5 -

Printing and Reproduction 2 2 2 -

Other Contractual Services 226 145 239 94

Supplies and Material 21 8 12 4

Equipment

Total - Reimbursable Funds $2,387 $3,017 $3,651 $634

TOTAL - ALL SOURCES $57,443 $58,184 $58,486 $302
26

FEDERAL MEDIATION AND CONCILIATION SERVICE

Detail of Total Employment–End of Year

2023 2024 2025

Actual Estimated Requested

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

ES.................................................................... 3 3 3

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

GS-15 .............................................................. 27 28 26

GS-14 .............................................................. 115 116 120

GS-13 .............................................................. 13 10 19

GS-12 .............................................................. 20 35 26

GS-11 .............................................................. 9 11 11

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

GS-9 ................................................................ 10 10 10

GS-8 ................................................................ 3 4 4

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............................................ 199 216 218

Total employment, end of year..................... 202 * 220 ** 222 #

Full-time equivalent (FTE)usage ................. 197 219 219

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

Average ES Salary .......................................... $193,682 $199,829 $209,620

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

Average GS Salary.......................................... $135,564 $140,496 $147,380

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

 * 5 FTE funded by reimbursable revenue

**12 FTE funded by reimbursable revenue

 #14 FTE funded by reimbursable revenue
27

VIII. Workload Projections–2024 and 2025

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

estimates, accomplishments for 2023, and estimated workloads in 2024 and 2025.
28

WORKLOAD OUTPUTS AND PROJECTIONS

FISCAL YEARS 2019-2025

PROGRAM SERVICES

FY2019

Actual

FY2020

Actual

FY2021

Actual

FY2022

Actual

FY2023

Estimated

FY2023

Actual

FY2024

Estimated

FY2025

Estimated

1. COLLECTIVE BARGAINING 

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

Assigned Casesiii 10,709 9,655 10,510 11,004 11,200 13,131 13,500 13,500

Mediated Casesiv 2,923 2,757 2,788 2,938 2,915 2,467 3,474 3,474

Closed Cases 10,705 10,030 10,625 11,074 11,266 9,505 13,586 13,586

Closed Mediated Cases 2,429 1,942 2,242 2,267 2,361 2,739 2,800 2,800

Settled and Closed Mediated Cases 2,103 1,691 2,116 2,115 2,023 1,795 2,440 2,440

Percentage of mediated cases settled w/FMCSv 86.6% 87.1% 94.4% 99.3% 85.7% 90.9% 87.1% 87.1%

Activity rate in significant casesvi 23.9% 33.3% 26.9% 23.9% 45.0% 25.8% 45.0% 45.0%

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

Assigned Cases 2,511 1,985 1,967 1,174 1,500 1,265 1,000 1,000

Mediated Cases 2,441 1,927 1,869 1,127 1,452 1,249 966 966

Settled GM Cases 1,763 1,280 1,125 608 1,067 637 681 681

Percentage of cases settled w/ FMCSvii 72.2% 66.4% 60.2% 53.9% 73.5% 51.0% 70.5% 70.5%

3. RELATIONSHIP-DEVELOPMENT AND 

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

Number of training programs provided 1,956 1,675 1,284 1,199 1,700 1,566 2,000 2,000

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

Mediated Cases 1,212 1,370 1,169 1,041 1,200 1,100 1,800 1,800

Settled ADR Cases 554 683 435 356 560 433 804 804

Percent of ADR cases settled w/ FMCSviii 45.7% 49.9% 37.2% 34.2% 46.7% 39.4% 44.7% 44.7%

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

Outreach casesix 2,600 1,921 1,508 1,383 2,000 1,251 2,000 2,000
29

PROGRAM SERVICES

FY2019

Actual

FY2020

Actual

FY2021

Actual

FY2022

Actual

FY2023

Estimated

FY2023

Actual

FY2024

Estimated

FY2025

Estimated

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

Number of panels issued 10,944 10,340 10,544 9,693 10,000 8,822 10,000 10,000

Number of arbitrators appointed 4,342 4,070 4,417 4,114 4,252 3,941 4,252 4,252

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

Number of grants funded 1 0 0 0 0 0 0 0

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

Number of courses provided 10 23 19 23 22 20 22 22

Number of participants 192 598 746 598 850 782 850 850
30

IX. Annual Performance Plan

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

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

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

the programs impacted by them.
31

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.
32

• 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.
33

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.
34

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.
35

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.
36

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.
37

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.
38

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 Federal Employee Viewpoint Survey (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.
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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.
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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.
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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.
42

• 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.
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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 an all-inclusive 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.
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Endnotes

i https://www.whitehouse.gov/wp-content/uploads/2022/02/White-House-Task-Force-on-WorkerOrganizing-and-Empowerment-Report.pdf, Accessed 3/11/2024. ii 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. iii 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 2023 FMCS case intake was more than 15,700.

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

negotiations. v

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

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

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

the number of closed GM assignments.

viii Defined as the number of ADR cases settled divided by the number of mediated cases closed. ix 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.