Role & Function of the FMCS

FY 2020

(Updated Feb. 17, 2021)

1
Created in 1947 as an Independent 

1 agency under Taft-Hartley Act.

Neither a regulatory nor an 

enforcement agency, but a neutral 

party designed to assist labor and 

management.

2

Make available full and adequate 

government facilities for conciliation, 

mediation and voluntary arbitration 

to aid and encourage [the parties] 

to settle differences through 

collective bargaining.

3

Statutory

Mission...

2
Helps parties resolve collective 

bargaining disputes which threaten 

the free flow of commerce.

4

Statutory

Mission...

Make its services available to Federal 

agencies to aid in the resolution of 

disputes through assistance, training, 

and the provision of neutrals. 

5

3
Promote sound and stable labor1 management relations;

2 Prevent or minimize work stoppages;

Advocate collective bargaining, 

mediation, arbitration;

3

FMCS

Mission...

4
Advocate the art, science and 

1 practice of ADR;

2 Provide conflict resolution services; 

Foster improved labor-management 

relationships.

3

FMCS

Mission...

5

5
FMCS Office of the Director
Office of the Director

7

Gary Hattal

Deputy Director

▪ Appointed by former Director Richard Giacolone

▪ He has served FMCS as a field mediator in three field 

stations (Washington, D.C., Oakland, CA and Seattle, 

WA), as director of Arbitration Services for the FMCS, as 

director of the FMCS Institute, and as a special assistant 

to the FMCS’s former Agency Director.
Office of the Director

8

Scot Beckenbaugh

National Representative

▪ Serves as the Agency’s “master mediator” of high-profile collective 

bargaining disputes and is responsible for developing and coordinating 

increased engagement with FMCS customers for future relationship 

development and mediation opportunities in key industries and 

occupations.

▪ He has extensive experience in public sector dispute mediation, as well 

as in regulatory negotiations, public policy, land use, and civil rights 

disputes. A long-time member of the Association of Labor Relations 

Agencies, Mr. Beckenbaugh also serves on the ALRA Executive Board.
Office of the Director

9

Gregory Goldstein

Chief Operating Officer

▪ Joined FMCS in 2018; Mr. Goldstein’s 25+ year career in public service, 

business, and military life has included positions in the U.S. Marine Corps 

and Amy National Guard, and most recently as a member of the 

Senior Executive Service, serving as Executive Officer and Director of 

Operations, Management and Technology Office within the Substance 

Abuse Mental Health Services Administration (SAMHSA).

▪ Responsible for overseeing FMCS's critical operations initiatives. Mr. 

Goldstein’s considerable leadership and management expertise help 

to ensure proper development, execution, and coordination of the 

Agency's management and administrative functions.
Office of the Director

10

David Thaler

Senior Advisor, Office of the Director

▪ Has trained labor and management partners in 

many industries in core relationship and 

communications skills to help them better administer 

their collective bargaining agreements.

▪ Internationally, Commissioner Thaler has trained 

officials from several U.S. and foreign government 

agencies in mediation and conflict management.
11

Headquartered in 

Washington, DC

• 61 HQ personnel*

• 218 FTEs nationally*

FMCS Structure

*As of Jan 19, 2021
8 District Offices*

• 61 Field/Local Offices*

• 155 field mediators*

• 9 district administrative 

staff*

FMCS Structure

*As of Jan 19, 2021
FMCS: 

How Can We Help You?

13
How Can Mediation 

Benefit You?

14

Mediation, the use of a third-party neutral, can help you “bridge the gap.” 
Mediation: 

An Effective Tool for Conflict Resolution

15

▪ Parties retain control of resolution

▪ Voluntary (in most cases)

▪ Informal vs. formal process

▪ Time efficient

▪ Cost effective
A Federal Mediator Can: 

16

Help Parties

▪ Clarify issues

▪ Define problems

▪ Generate options

▪ Explore alternatives
A Federal Mediator Can: 

17

Help Parties

▪ Keep talks moving 

forward

▪ Make suggestions

▪ Establish realistic 

expectations
FMCS Services

18
COLLECTIVE BARGAINING MEDIATION

▪ Private, Public, and Federal Sectors

RELATIONSHIP DEVELOPMENT AND TRAINING

▪ Customized training for labor and management

GRIEVANCE MEDIATION

FMCS Services
ARBITRATION SERVICES

▪ Maintains a nationwide roster of highly qualified 

arbitrators and promotes the advancement of fair 

and effective labor arbitration

EDUCATION, ADVOCACY, and OUTREACH

▪ Of Collective Bargaining and Dispute Resolution 

Processes and Services

FMCS Services
EMPLOYMENT MEDIATION and NON-COLLECTIVE 

BARGAINING ADR SERVICES

▪ As an alternative to litigation of non-labor employment 

disputes, public policy and regulatory disputes

▪ Includes consultation, convening, design, training, and 

neutral services

FMCS Services
CONFLICT MANAGEMENT AND 

PREVENTION SERVICES FOR GOVERNMENT

▪ Outside the collective bargaining arena, 

FMCS provides employment mediation 

services to the Federal sector and to state 

and local governments.

▪ Our services help reduce litigation costs 

and promote better government 

decision-making.

FMCS Services
SHARED NEUTRALS PROGRAM 

▪ Interagency mediation program 

administered by FMCS in the national 

capital area

▪ Provides collateral duty, non-FMCS neutrals 

to participating Federal agencies for 

mediation of non-complex cases

FMCS Services
FMCS INSTITUTE

▪ Unique Training

▪ The FMCS Institute for Conflict Management delivers 

conflict resolution training that’s accessible, practical, 

experience-based and directed towards individuals 

and small groups of employees and managers.

FMCS Services
25

The Impact of Mediation on 

the Bargaining Process
▪ Mediated 2,722 Collective Bargaining 

negotiations

▪ Mediated 1,945 high-impact Grievance 

Mediations

▪ Mediated 1,500 ADR cases

*FMCS Closed Case Data 

FMCS By the Numbers

A National Look – FY 2020*
▪ Conducted 1,675 single or multi-day 

Training and Intervention Programs

▪ Provided 10,336 Arbitration Panels

▪ Appointed 3,972 Arbitrators

*FMCS Closed Case Data 

FMCS By the Numbers

A National Look – FY 2020*
Collective Bargaining Trends

28

Bargaining Notices Received and Contract Durations, 1985-2020

Source: FMCS Case Data
Sources: FMCS; Department of Commerce; National Bureau of Economic Research 29

Recession Periods

Effect of Business Cycles

New Contract Durations v GDP Growth, FY 1985–2020
ARBITRATION

▪ Through its Office of Arbitration, FMCS 

administers a roster of 

approximately 1,000 highly qualified and 

experienced arbitrators.

▪ Arbitrators are selected 

for the roster based on standards of 

excellence in a process overseen by the 

Arbitration Review Board and subject to 

approval of the Agency Director.

FMCS Services
ARBITRATION SERVICES

▪ In FY 2020, FMCS provided more than 

10,336 arbitration panels to requesting 

parties, with 3,972 appointments from the 

FMCS roster by the requesting parties to 

hear their dispute. 

FMCS Services
COMMUNICATION

(Develop joint problem-solving teams) 1

Cooperative Relationships

COMMUNICATION

(Don’t let problems fester) 2

COMMUNICATION

3 (Be honest about issues)

Keys to Cooperative Relationships of Any Kind

COMMUNICATION

4 (Know when to get help)
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For more information:

www.fmcs.gov
FMCS I 250 E Street, SW I Washington, DC I 20427

THANK YOU.