FEDERAL MEDIATION AND CONCILIATION SERVICE

FISCAL YEAR 2023

Congressional Budget Submission

Submitted to the

Congress

March 28, 2022

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FEDERAL MEDIATION AND CONCILIATION SERVICE

FISCAL YEAR 2023

Congressional Budget Submission

Table of Contents

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

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

Rising to the Challenge of the 21st Century Workplace..................................................3

II. Program Structure and Service Descriptions.............................................................4

Collective Bargaining Mediation......................................................................................5

Early Intervention ..............................................................................................................5

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

Relationship-Development and Training .........................................................................6

Grievance Mediation..........................................................................................................7

Alternative Dispute Resolution (ADR) Services to Government...................................7

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

Arbitration Services...........................................................................................................9

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

International Training and Exchange..............................................................................10

Labor-Management Committee Grants..........................................................................10

Accountable Government................................................................................................11

Conclusion........................................................................................................................12

III. Appropriation Language ...........................................................................................13

IV. FMCS Organizational Chart .....................................................................................14

V. Statutory and Other Legal Authority........................................................................15

VI. Budget Tables and Detailed Financial Requirements.............................................19

VIII. Workload Projections–2022 and 2023 .....................................................................26

IX. Annual Performance Plan..........................................................................................29

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

services..........................................................................................................................30
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Strategic Goal #2: Increase agencywide application and effectiveness of evidencebased decision-making................................................................................................. 32

Strategic Goal #3: Improve communication both internal and external to FMCS...... 34

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

individual professional development.......................................................................... 35

Stewardship Goal #1: Effectively manage human capital............................................ 36

Stewardship Goal #2: Ensure responsible financial management................................ 38

Stewardship Goal #3: Optimize information technology investments to improve 

process efficiency and foster innovation in support of program mission goals....... 39

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

digital assets.................................................................................................................. 40

Stewardship Goal #5: Maximize available resources through effective procurement 

management and inventory control............................................................................. 42
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Fiscal Year 2023 Budget Request

I. Executive Summary

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

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

an independent agency of the federal government and charged it with preventing and 

minimizing labor-management 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 

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

mediators must provide useful and relevant services in order to successfully accomplish its 

mission. Every day, the Agency’s small corps of skilled mediators provide private sector 

and federal customers with essential conflict resolution strategies designed to enhance 

organizational effectiveness, improve competitiveness, increase jobs and job security, and 

promote organizational efficiency.

The need for FMCS conflict resolution services is just as great in 2023 as it was 75 years 

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

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

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

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

these changes present enormous challenges and opportunities for American workers and 

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

transition as smooth as possible.
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Budget Request Overview

FMCS requests $53,705,000 for 2023. This request consists of a base increase of $3.7 

million above the 2022 appropriation to cover anticipated salary and benefit cost increases

and continuing increases in Federal Protective Service (FPS) charges. In addition, FMCS 

will be playing a significant role in carrying out more than 25 specific recommendations 

of the White House Task Force on Worker Organizing and Empowerment.1

Key among the task force recommendations is for FMCS to undertake early intervention 

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

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

Bloomberg Law, on average, it takes 409 days between the time a union is certified and 

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

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

average of 528 days to reach a collective bargaining agreement.

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

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

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

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

moment of their newly established long-term relationship.

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

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

to negotiate in good faith. A concerted effort by FMCS to train and assist newly recognized 

bargaining units will provide them the skills and knowledge to effectively communicate, 

problem-solve, and negotiate agreements in a less contentious environment.

1 https://www.whitehouse.gov/wp-content/uploads/2022/02/White-House-Task-Force-on-WorkerOrganizing-and-Empowerment-Report.pdf, Accessed 3/24/2022.
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Rising to the Challenge of the 21st Century Workplace

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

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

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

the past.

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

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

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

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

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

alternative dispute resolution in the federal sector.

Building upon its core traditional negotiation and relationship development training 

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

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

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

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

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

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

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

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

FMCS is proud of its past accomplishments and looks forward, in 2023, 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 the Federal Mediation and Conciliation Service (FMCS) in 1947 

through the Labor Management Relations Act (Taft-Hartley) amendments to the National 

Labor Relations Act (NLRA) 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 
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relationships and build constructive problem-solving and negotiation skills. FMCS also 

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

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

enforcement of provisions in existing collective bargaining agreements.

Collective Bargaining Mediation

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

mediates collective bargaining negotiations for initial contract negotiations—which take 

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

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

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

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

solutions and potential compromises, encourages settlement where appropriate, controls 

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

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.

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 in particular, 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.
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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.

• 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.
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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 labormanagement relationship.

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 to reduce litigation costs and promote better 

government decision-making. 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.

Joint Schedule Recovery Committee (JSRC)

Bath Iron Works (BIW) is one of the largest private sector employers in 

the State of Maine and is the lead designer and builder of the Arleigh 

Burke class of AEGIS destroyers. These destroyers are critical to the 

future of the nation’s defense and the contract to build them is the most 

successful Navy new ship construction program of recent decades.

Established as part of the settlement of the crippling 2020 strike at 

BIW, the Joint Schedule Recovery Committee (JSRC) meets each 

week with the support of an FMCS mediator. In a typical year BIW 

would see more than 1,000 grievances. At the time of the June, 2020 

strike, there were more than 400 outstanding grievances or arbitrations.

Due to the collaborative efforts of the JSRC members, the union 

announced in September, 2021 that BIW had no open grievance or 

arbitrations for the first time in living memory. This stunning 

improvement in labor relations at BIW underscores the importance of 

FMCS not only being present at the bargaining table, but that it has an 

important role assisting parties develop long-lasting partnerships 

through its ongoing conflict resolution work. 
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• Training in ADR Skills and Processes: FMCS provides training in conflict 

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

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

conflict dynamics, management, and prevention.

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

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

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

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

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

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

multiple agency groups tasked with developing a strategic plan or identified 

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

collaboration skills are essential to achieving successful outcomes in these 

instances.

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

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

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

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

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

managing meeting structures and processes. Training and coaching are also 

available for participants.

• Negotiated Rulemaking: FMCS facilitates negotiated rulemaking processes, in 

which a government agency invites individuals and groups potentially impacted by 

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

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

formulation, thus reducing post-issuance challenges.

Systemic Interventions

FMCS also supports agencies or groups in attaining more comprehensive 

solutions through an extensive range of conflict management and prevention services that 

utilize a full-spectrum, systemic approach, including:

• 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.
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• 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.

• Culture Change and Change Management Initiatives: FMCS focuses on 

promoting healthy, resilient, and inclusive work environments that lead to 

productive and highly engaged teams. This supports agencies with low 

engagement scores where employees may feel distanced or disconnected with each 

other, clients, and leadership.

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

design of comprehensive systems for dispute resolution that are specifically 

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

conflict.

Arbitration Services

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

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

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

interpretation or application of collective bargaining agreements. Upon request from the 

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

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

FMCS Institute for Conflict Management

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

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

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

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

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

learn from experienced practitioners in the field, primarily FMCS federal mediators and 

private-sector 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.
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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 

multi-national 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.

Labor-Management Committee Grants

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

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

of improving labor-management relationships, job security and organizational 

effectiveness, enhancing economic development, or involving workers in decisions 

affecting their jobs, including improving communication with respect to subjects of 

mutual interest and concern.” This initiative is included in FMCS’ annual appropriation, 

and grants are distributed to encourage such committees to develop innovative joint 

approaches to workplace problems.

Ministry of Justice (MOJ) and the Kosovo Justice Academy (KJA)

FMCS is leading a USAID funded project to enhance the quality of 

mediation services provided by licensed mediators in Kosovo.

Increased professionalization and competence of the licensed 

mediators will positively impact the user experience of judges, 

attorneys, and aggrieved parties. This improved user experience is 

expected to increase the demand for and use of mediation in numerous 

sectors in Kosovo, thereby reducing the caseload of the courts and 

improving judicial efficiency more generally.

A second component of this project is to support the creation of 

sustained, long-term demand for mediation services in Kosovo. To this 

end, the project will assess the overall mediation environment, work to 

build relationships with key stakeholders, and develop opportunities for 

engagement, trust, and positive experiences with mediation that can be

replicated and sustained.
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Accountable Government

In 2023, 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 occasional challenges 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.

The Partnership for Public Service, Federal Employee Viewpoint Survey (FEVS) ranking 

continues to place FMCS as one of the best places to work in Federal government. For 

2023, and beyond, FMCS is committed to meeting and exceeding its performance goals to 

ensure it can continue to successfully achieve its mission.

Retaining Records and Safeguarding Information

In 2023, 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.

Reforming Hiring Practices and Managing Performance

Small agencies often face a challenge in attracting talented job applicants. Poor name 

recognition and perceived or real lack of career advancement opportunities are chief among 

these challenges. In 2023, and in the ensuing years, FMCS seeks to maintain and improve 

upon its position as one of the most desirable places to work in government and thus 

maximize its opportunities to recruit new employees.

Achieving this goal requires that FMCS recruit from a broader base of potential applicants 

from the neutral and management community. To strengthen its ability to innovate and 

deliver high-quality services, FMCS is recruiting mediators with a greater diversity of 

experience and career trajectories beyond collective bargaining experience. 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.

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 2023, FMCS will continue to encourage diverse viewpoints and 

innovation, solicit employee feedback, and practice open communications and 

transparency.
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FMCS will continue to use a number of 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; providing field directors with opportunities for 

regular information exchange and collaboration; and a continuation of open forums to 

constructively engage the FMCS workforce on a regular basis.

Conclusion

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

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

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

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

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

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

campaigns for improved wages and working conditions.

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

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

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

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

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

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

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

business and government workplaces.

Given the anticipated size and number of collective bargaining agreements expiring 

in 2023, 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, of which not to 

exceed $1,000,000 shall remain available through September 30, 2024, for assistance 

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

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

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

provided to foreign governments and international organizations, and for arbitration 

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

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

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

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

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

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

jurisdiction.
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IV. FMCS Organizational Chart

Director

(Acting)

Senior Advisor / 

International Affairs EEO

Congressional & Public 

Affairs

General

Counsel

Chief Operating Officer

Budget

Human

Resources 

Arbitration & Notice 

Processing

Procurement and 

Operational Support

Finance 

Information

Technology

National Rep.

Conflict Management & 

Prevention

Eastern Region 

Center for Conflict 

Resolution Education

Strategy & 

Development

Deputy Director

Western Region 

North West District

(Seattle, WA)

North Central District

(Minneapolis, MN)

South West District

(Los Angeles, CA)

South Central District

(St. Louis, MO)

Mid Atlantic District

(Philadelphia, PA)

South East District

(Nashville, TN)

Great Lakes District 

(Cleveland, OH)

North East District

(Woodbridge, NJ)

Ombuds

As of Mar. 28, 2022
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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
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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 
17

labor-management relationships, employment security, and organizational 

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

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

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

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

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

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

incorporated into the Administrative Procedure Act, the Administrative Dispute 

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

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

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

agencies. The ADRA encourages the development of guidelines to expedite 

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

in the Federal Government.

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

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

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

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

agencies in negotiated rulemaking processes as well as other ADR procedures 

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

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

Department of Health and Human Services, implementing its authority under 

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

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

filed against any agency receiving Federal financial assistance to any program 

or activity.

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

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

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

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

mutually agreed upon alternative, to mediate disputes concerning changes to 

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

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

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

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

and binding determination.
18

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.
19

VI. Budget Tables and Detailed Financial Requirements

FEDERAL MEDIATION AND CONCILIATION SERVICE

BUDGET AND STAFFING BY ACTIVITY

FY 2021 FY 2022 FY 2023

Total Program

Increase or 

(Decrease)

Actual Enacted Request 2022 to 2023

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.................................... 153 36,595 164 37,198 164 39,410 0 2,212

2. Arbitration Services..................... 7 883 7 916 7 940 0 24

3. National Office and Operational 

Support......................................... 43 11,122 48 11,944 48 12,355 0 411

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

Sub-Total Appropriated 203 $48,600 219 $50,058 237 $53,705 18 $3,647
20

BUDGET AND STAFFING BY ACTIVITY

FY 2021 FY 2022 FY 2023

Total Program

Increase or 

(Decrease)

Actual Enacted Request 2022 to 2023

FTE

Budget 

Authority

($1,000s)

FTE

Budget 

Authority

($1,000s)

FTE

(+) Budget 

Request 

($1,000s)

FTE

Budget 

Authority

($1,000s)

5. Reimbursable programs: ADR 

Services, Employment 

Mediation, International 

Training, Institute Courses, and 

Conference Fund.......................... 7 2,000 7 1,997 7 1,895 0 (102)

6. FMCS Internal Training and 

Education ..................................... 0 525 0 687 0 831 0 144

Sub-Total Reimbursable 7 $2,525 7 $2,684 7 $2,726 0 $42

TOTAL RESOURCES 210 $51,125 226 $52,742 244 $56,431 18 $3,689
21

FEDERAL MEDIATION AND CONCILIATION SERVICE

BUDGET ESTIMATES FISCAL YEAR 2023

FINANCIAL REQUIREMENTS

(in thousands of dollars)

FY 2020 FY 2021 FY 2022 FY 2023 2022 to 2023

Actual Actual Actual Request Change (+/-)

Personnel Compensation $27,195 $27,017 $29,015 30,445 1,430

- Full-Time Permanent 26,690 26,236 28,242 29,660 1,418

- Other Than Full-Time Permanent 92 36 78 90 12

- Other Personnel Compensation - - - - -

- Other Premium and Differential Pay 7 20 10 10 -

- Overtime 8 50 10 10 -

- Other Personnel Compensation-Awards 398 675 675 675 -

- Special Personal Services Payments - - - - -

Personnel Benefits $9,230 $9,579 $9,926 10,752 826

- Benefits/Retirement 8,998 9,299 9,829 10,666 837

- Incentives 68 17 12 12 -

- Allowances 15 109 6 12 6

- Special Payments of Other Funds 149 154 79 62 (17)

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

- - - - -

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

Travel and Transportation of Persons $863 $400 $1,243 $1,243 -

- Domestic TDY 833 400 1,243 1,243 -

- Foreign Travel 6 - - - -

- Training Travel 8 - - - -

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

- Conference Travel 17 - - - -
22

BUDGET ESTIMATES FISCAL YEAR 2023

FINANCIAL REQUIREMENTS

(in thousands of dollars)

FY 2020 FY 2021 FY 2022 FY 2023 2022 to 2023

Actual Actual Actual Request Change (+/-)

Transportation of Things $32 $44 $28 $28 -

- Transportation of Things 32 44 28 28 -

- Relocation - - - - -

Rent, Communications, and Utilities $4,882 $4,477 $4,599 $4,602 $3

- Rental Payments to GSA 4,035 4,000 3,975 4,000 25

- Rental Payments to Others 59 56 58 60 2

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

- Utilities 13 238 360 360 -

- ADP Rental 1 - - - -

- Telecommunications 772 181 162 162 -

- Other Rentals - - - - -

- Postage 1 2 44 20 (24)

Printing and Reproduction $12 $40 $70 $40 $(30)

- Government Printing - 20 20 20 -

- Commercial Printing and Duplication 12 20 50 20 (30)

- Advertising/Radio/TV - - - - -

Other Contractual Services $4,261 $4,978 $4,446 $4,662 $(18)

- Advisory and Assistance Services 3,176 2,110 370 498 128

- Other Services from Non-Federal Sources 35 16 10 8 (2)

- Other Goods and Services from Federal Sources 304 1,400 2,000 2,000 -

- Operation and Maintenance of Facilities 1 6 40 100 60

- Research and Development Contracts - - - - -

- Medical Care - 26 26 26 -

- Operation and Maintenance of Equipment - - - - -
23

BUDGET ESTIMATES FISCAL YEAR 2023

FINANCIAL REQUIREMENTS

(in thousands of dollars)

FY 2020 FY 2021 FY 2022 FY 2023 2022 to 2023

Actual Actual Actual Request Change (+/-)

Other Contractual Services (continued)

- Operation and Maint. of Equipment (Non-Travel) 746 1,420 2,000 2,030 (30)

- Relocation/PCS - - - - -

- Subsistence and Support of Persons - - - - -

Supplies and Material $158 $191 $211 $193 $(18)

- Office Supplies and Publications 82 118 106 90 (16)

- ADP Supplies and Materials 70 70 100 100 -

- Fuel - - - - -

- Materials/Parts 1 - - - -

- Other Supplies 5 3 5 3 (2)

Equipment $564 $1,872 $500 $420 $(80)

- Manufacturing/Production Equipment 127 - - - -

- ADP Software 28 1,680 200 200 -

- ADP Equipment/Hardware 371 168 274 474 200

- Telecommunications Equipment 24 14 16 14 (2)

- Other Equipment and Property 14 10 10 32 22

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

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

Sub Total - Appropriations $47,200 $48,600 $50,058 $53,705 $3,647

Total - Appropriations $47,200 $48,600 $50,058 $53,705 $3,647
24

BUDGET ESTIMATES FISCAL YEAR 2023

FINANCIAL REQUIREMENTS

(in thousands of dollars)

FY 2020 FY 2021 FY 2022 FY 2023 2022 to 2023

Actual Actual Actual Request Change (+/-)

Direct Funds

Personnel Compensation - - - - - -

Personnel Benefits - - - - - -

Travel and Transportation of Persons - - - - - -

Transportation of Things 127 487 579 793 214

Rent, Communications, and Utilities - - - - -

Printing and Reproduction - - - - -

Other Contractual Services - - - - -

Supplies and Material 61 30 100 30 (70)

Equipment 43 8 8 8 -

Total - Direct Funds $231 $525 $687 $831 $144

Reimbursable Funds

Personnel Compensation 993 1,190 1,120 1,100 (20)

Personnel Benefits 291 374 370 370 -

Travel and Transportation of Persons - - - - -

Transportation of Things 104 230 178 200 22

Rent, Communications, and Utilities - - - - -

Printing and Reproduction - - - - -

Other Contractual Services 6 2 16 2 (14)

Supplies and Material - 194 303 213 (90)

Equipment 112 10 10 10 -

Total - Reimbursable Funds $1,534 $2,000 $1,997 $1,895 (102)

TOTAL - ALL SOURCES $48,964 $51,125 $52,742 $56,431 $3,689
25

FEDERALMEDIATIONANDCONCILIATIONSERVICE

Detail of Total Employment–End of Year

2021 2022 2023

Actual Estimated Requested

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

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

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

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

GS-14.............................................................. 133 135 137

GS-13.............................................................. 21 15 23

GS-12.............................................................. 7 6 6

GS-11.............................................................. 8 18 26

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

GS-9................................................................ 13 14 14

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

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

GS-6................................................................ 1 1 1

GS-5................................................................ 1 0 0

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

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

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

Subtotal............................................ 218 226 244

Total employment, end of year .................... 223 * 226 * 244 *

Full-time equivalent (FTE)usage ................. 222 223 241

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

Average ES Salary .......................................... $183,300 $187,000 $191,000

Average GS Level........................................... 14 03 14 04 14 02

Average GS Salary.......................................... $127,577 $131,719 $133,563

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

*7 FTE funded by reimbursable revenue
26

VIII. Workload Projections–2022 and 2023

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

estimates, accomplishments for 2021, and estimated workloads in 2022 and 2023.
27

WORKLOAD OUTPUTS AND PROJECTIONS

FISCAL YEARS 2017-2023

PROGRAM SERVICES

FY2017

Actual

FY2018

Actual

FY2019

Actual

FY2020

Actual

FY2021

Estimated

FY2021

Actual

FY2022

Estimated

FY2023

Estimated

1. COLLECTIVE BARGAINING 

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

Assigned Casesi 11,280 10,537 10,709 9,655 10,000 10,510 10,800 10,800

Mediated Casesii 3,230 3,166 2,923 2,757 3,136 2,788 2,811 2,811

Closed Cases 11,261 10,636 10,705 10,030 10,018 10,625 10,863 10,863

Closed Mediated Cases 2,616 2,602 2,429 1,942 2,582 2,242 2,277 2,277

Settled and Closed Mediated Cases 2,278 2,242 2,103 1,691 2,208 2,116 1,951 1,951

Percentage of mediated cases settled w/FMCSiii 87.1% 86.2% 86.6% 87.1% 85.5% 94.4% 85.7% 85.7%

Activity rate in significant casesiv 36.4% 39.2% 23.9% 33.3% 45.0% 26.9% 45.0% 45.0%

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

Assigned Cases 1,719 1,707 2,511 1,985 2,100 1,967 2,200 2,200

Mediated Cases 1,650 1,641 2,441 1,927 2.032 1,869 2,130 2,130

Settled GM Cases 1,224 1,152 1,763 1,280 1,511 1,125 1,565 1,565

Percentage of cases settled w/ FMCSv 74.2% 70.2% 72.2% 66.4% 74.4% 60.2% 73.5% 73.5%

3. RELATIONSHIP-DEVELOPMENT AND 

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

Number of training programs provided 1,956 1,815 1,956 1,675 2,000 1,284 1,700 1,700

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

Mediated Cases 1,200 1,081 1,212 1,370 1,500 1169 1,600 1,600

Settled ADR Cases 594 523 554 683 694 435 747 747

Percent of ADR cases settled w/ FMCSvi 49.5% 48.4% 45.7% 49.9% 46.3% 37.2% 46.7% 46.7%

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

Outreach casesvii 2,837 3,045 2,600 1,921 2,300 1,508 2,000 2,000
28

PROGRAM SERVICES

FY2017

Actual

FY2018

Actual

FY2019

Actual

FY2020

Actual

FY2021

Estimated

FY2021

Actual

FY2022

Estimated

FY2023

Estimated

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

Number of panels issued 11,836 11,617 10,944 10,340 11,000 10,544 11,000 11,000

Number of arbitrators appointed 5,247 4,524 4,342 4,070 4,771 4,417 4,771 4,771

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

Number of grants funded 11 4 1 0 0 0 0 0

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

Number of courses provided 9 10 10 23 25 19 22 22

Number of participants 189 190 192 598 600 746 850 850
29

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 a number of objectives, key

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

details each goal and the programs impacted by them.
30

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. 
31

• 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.
32

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 EvidenceBased 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-ofgovernment approach to decision-making. The following efforts reflect an agencywide 

commitment to pursuing data collection and management practices that incorporate governmentwide 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.
33

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
34

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.
35

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.
36

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 highquality 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.
37

Actions:

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

and strengthen accountability measures.

• Modify PWPs to prioritize DEIA principles and FMCS values outlined in Section 2.

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

• Enhance training and development opportunities for all employees.

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

workforce that reflects historically underrepresented identities and backgrounds.

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

strategic plan.

• Tie employee FEVS feedback to management decision-making.

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

guidelines on effective human resource management practices.

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

action items to staff as appropriate.

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

in-person or virtual setting.

Expected Outputs:

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

• Greater alignment between performance objectives and measurable criteria.

• 100 percent employee participation in mandatory training requirements.

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

incumbent professional development and lifelong learning.
38

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.
39

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.
40

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.
41

• 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.
42

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 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 2021 FMCS case intake was more than 18,000. ii

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

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

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

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

the number of closed GM assignments.

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

vii 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.