Equity 

Plan
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Executive Summary

The Federal Mediation and Conciliation Service was created by Congress in 1947 to assist in the 

prevention and resolution of labor disputes that impede interstate commerce. Over the ensuing 

years, FMCS’s role has expanded, and now FMCS is a complete conflict management services 

agency. These services include: mediation (including collective bargaining, employment, public 

policy, and grievance); training (including relationship development training); and facilitation 

(including negotiated rulemaking). Most of our services are voluntary, and must be agreed to by

the parties. Because of the nature of our services, FMCS does not collect demographic 

information from the parties or the workers they represent.

FMCS conducts operations at its Washington, D.C., headquarters, 19 field offices, and via a 

nationally distributed workforce of mediators and other field staff in 63 locations throughout the 

United States. At the close of 2021, FMCS had 207 employees, 144 of whom were dedicated to 

delivering core FMCS services. FMCS receives most of its funding through direct 

appropriations. See more at www.fmcs.gov.

Summary of Action Plan: To deliver excellent and equitable conflict management services.

• Action 1 – Promoting Virtual Services (in Perpetuity)

FMCS is not able to send its mediators to every requested service. Additionally, some 

services are provided in agency headquarters. FMCS will proffer virtual services when 

requested, and will encourage agencies to provide virtual options in public policy matters.

Underserved stakeholders will be able to receive more services and engage in more public 

policy matters.

• Action 2 – Outreach to all Potential Private Sector Labor Disputes

FMCS currently does not reach out to all private sector labor parties. FMCS will reach out to 

all F-7 filers and parties and track underserved communities. FMCS will provide more 

services overall and particularly to those in underserved communities. 

• Action 3 – Increasing Procurement Partnerships with Disadvantaged Businesses

FMCS has been unable to partner with many socially and economically disadvantaged 

businesses, and has not been able to award certain contracts because of a lack of partnerships.

FMCS will: establish a partnership agreement with the Small Business Administration; 

increase set-asides to socially and economically disadvantaged businesses using governmentwide acquisition contracts; and develop an outreach program. FMCS will make more awards 

to socially and economically disadvantaged businesses.

• Bonus Action – Preventive Dispute Resolution Training Programs in Title I Schools

Students are often not provided access to skills that would allow them to de-escalate conflict.

If funded, the program would provide training in alternative dispute resolution to students in 

Title I schools. This should result in an increased ability of students to de-escalate conflicts.
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Summary of Early Accomplishments

• Completed mediation of a highly complex, high-stakes public policy negotiation over the 

Puget Sound Chinook Salmon Resource Management Plan. The parties and participants 

included 17 Tribal Nations, multiple Tribal organizations, multiple Washington state 

agencies, and multiple Federal agencies. FMCS will continue outreach efforts to ensure 

federal agencies and Tribal Nations are aware that FMCS is available to facilitate or 

mediate their negotiation processes and meetings. Providing this service virtually allowed 

for many more stakeholders to participate. 

• Successful delivery of services to underserved communities, even during the pandemic. 

A few examples include: 

o A 2020 training program conducted for a Workforce Development Program 

covering communication and listening, teamwork and conflict resolution, bias and 

inclusion, gender at work, and harassment and discrimination. The WDP is a 

unique joint labor-management project that is part of a $1.5 billion expansion 

project designed to open doors for women, minorities, and nontraditional 

applicants to enter meaningful union careers in the building trades. The highly 

customized and targeted training involved 240 students.

o A collective bargaining mediation for a non-profit with a 750-person bargaining 

unit in 2020. The non-profit works in communities in the United States and 

abroad to serve those who are homeless, living in poverty, or seeking safety.

o Completion of a 36-session initial collective bargaining mediation for a 300+ 

person bargaining unit in 2021. The organization provides essential services to 

low-income, uninsured, and vulnerable populations. 

• FMCS is receiving a growing number of requests from the public and federal agencies to 

assist with the improvement of workplaces to allow for greater diversity of perspectives, 

ideas, and outcomes involving all employees. Therefore, as part of the agency’s Inclusion

Project, FMCS has reviewed, refreshed, and redesigned eight programs. Sessions on how 

to provide this training are being rolled out throughout the agency from February through 

June of 2022. The session topics are: diversity and inclusion; cultural awareness; 

understanding bias; micro-aggressions; bullying; allies; creating safe spaces; EEO 

training basics; and conducting facilitated dialogues. 

• Completed the first-ever fully virtual negotiated rulemaking as facilitators for the 

Department of Education regarding borrower defense rules for student loan repayment. 

This service promoted equity in several ways: many of the stakeholders are from 

underserved communities, negotiated rulemaking allows stakeholders from underserved 

communities to have more impact in rulemaking, and providing the service virtually 

allowed many more stakeholders to attend.

• Included equity considerations in the FMCS draft strategic plan, which was posted on the 

Federal Register for stakeholder comment.
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Equity Action Plan

Action 1 – Promoting Virtual Services (in Perpetuity)

A. Barrier to Equitable Outcome(s)

FMCS services the entire country with 144 mediators spread nationwide, and travel is generally 

funded by FMCS’s limited appropriations.

o In the past, FMCS would not be able to provide services to all who requested it, 

particularly in areas in which it is difficult and expensive to travel to and where 

we do not have an FMCS presence, such as Hawai’i and Alaska.

o Mediator travel time and expenditures limit the number of mediations that can be 

conducted in person.

o Although FMCS mediators generally travel to the parties, for public policy 

services, such as negotiated rulemaking, the meeting occurs often at an agency 

site, often in Washington, D.C. Therefore, members of the public that want to 

attend must travel to Washington, D.C. 

B. Action and Intended Impact on Barrier

FMCS pivoted early in the pandemic, and has successfully performed all services virtually, from 

facilitation to large collective bargaining mediations. While there is value in meeting in person, 

FMCS can and does provide valuable services virtually. 

o FMCS is committed to providing services virtually when FMCS employees or the 

parties are not able to travel to provide/receive services in person. 

 During the pandemic, we have observed a substantial increase in services 

provided. For example, FMCS saw a greater than 25% increase in 

meetings (including mediations, facilitations, and trainings) between FY 

2019 and FY 2021. This occurred even with a 10% decrease in mediators. 

o FMCS is also committed to encouraging parties to allow members of the public to 

participate virtually in public policy facilitations. 

 We believe this action will be crucial for public policy and negotiated 

rulemaking. Many of our public policy and negotiated rulemaking services 

impact underserved communities. For example, FMCS has been involved 

in such services with over a dozen Tribal Nations as well as facilitating 

rulemaking regarding student debt. These sessions prior to the pandemic 

were mostly held in person without virtual capacity. During the pandemic, 

we have anecdotal evidence that public participation increased. For 

example, during just one session of the Department of Education student 

debt rules, FMCS was informed that several hundred members of the 

public had logged on to observe.

C. Tracking Progress

o FMCS collects the zip codes of the bargaining table, which can provide 

information on rural communities as well as areas of high poverty. FMCS has 

started to track the numbers of both virtual and non-virtual services provided to 

the parties. FMCS also will be tracking services provided to parties who selfidentify that most workers represented are a member of a racial minority. 
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Therefore, FMCS will be able to start tracking not only the number of services 

provided to the public, but also the number of virtual services provided in the 

private sector to several underserved communities, including racial minorities, 

rural community members, and workers who live in poverty.

o We believe this action plan will be most successful in the long-term, after all 

parties and stakeholders have access to reliable internet service. 

D. Accountability 

o Managers are already offering virtual services when such services are requested. 

o Senior leadership will ensure managers are aware that this provision of virtual 

services is to be offered even after FMCS has fully returned to the office.

o FMCS will update the performance work plan of all public relations employees to 

include providing outreach regarding the Equity Plan.

o Mediator and mediator supervisor position descriptions have been updated to 

require the following skill: must be able to conduct efficient and effective 

mediations; relationship development trainings; alternative dispute resolution 

services; and education, advocacy, and outreach activities both in-person and 

virtually.

o FMCS’s next strategic plan will include the following: developing and 

implementing a FMCS diversity, equity, inclusion, and accessibility strategic plan 

with a goal of yielding tangible changes that positively impact the lives of people 

both internally at FMCS and externally to those it serves.

o Public Outreach 

 FMCS will provide information on virtual services on the Federal 

Register.

 FMCS will provide information on virtual services through the FMCS 

website.

 FMCS will provide information on virtual services through the FMCS 

listserv and social media platforms. 

 FMCS will survey stakeholders for information on how FMCS could 

improve equity in its services.

 FMCS will include a diversity, equity, inclusion, and accessibility 

presentation at conference and include information on FMCS’s progress 

under the Equity Plan.

Action 2 – Outreach to all Potential Private Sector Labor Disputes

A. Background: Pursuant to statute, certain private sector parties must notify FMCS if there 

is a collective bargaining agreement that has not been settled. The notification form is 

called an F-7.

B. Barrier to Equitable Outcome(s)

o Not all bargaining units that file F-7s are contacted by FMCS. FMCS receives 

over 14,000 F-7s annually (14,286 in FY 2019) and assigns approximately 60% of 

these forms for contact by a mediator (63% in FY 2019). Strained resources have 

limited the outreach in this area.
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o FMCS does not collect demographic information on F-7 filers or any other parties 

or clients.

o Without outreach from FMCS, parties may not be aware of the FMCS services 

(including training and mediation) available to them to prevent or resolve labor 

disputes. 

C. Action and Intended Impact on Barrier

o FMCS will develop and implement a new online filing system to receive the F-7 

notices.

o FMCS will reach out to all parties filing F-7s, as well as to the other party to the 

collective bargaining agreement, to see if they are interested in receiving services 

from FMCS.

o FMCS will ask filing parties whether the bargaining unit includes a majority of 

workers who are a member of a racial minority. This will be an optional question.

o FMCS will provide all services to requesting parties within legal and budgetary 

constraints.

o This action was prioritized because F-7s remain the best way to reach eligible 

private sector organizations not currently receiving services.

D. Tracking Progress

o FMCS will track the number of emails sent to parties regarding the F-7 and 

FMCS services.

o FMCS will track the zip codes of the location of bargaining as well as the optional 

request regarding number of units in which most workers are from racial 

minorities.

E. Accountability 

o FMCS will set up an automatic email to all parties filing an F-7, as well as all 

parties listed on the F-7. 

o FMCS will include information on FMCS services in this email. 

o FMCS will add the successful completion of these actions to the performance 

work plan of all FMCS Notice Processing Unit supervisors. 

o FMCS’s next strategic plan will include the following: developing and 

implementing a FMCS diversity, equity, inclusion, and accessibility strategic plan 

with a goal of yielding tangible changes that positively impact the lives of people 

both internally at FMCS and externally to those it serves.

o Public Outreach 

 FMCS will provide information on the new F-7 process on the Federal 

Register.

 FMCS will provide information on the new F-7 process through the 

FMCS website.

 FMCS will provide information on the new F-7 process through the 

FMCS listserv and social media platforms. 

 FMCS will survey stakeholders for information on how FMCS could 

improve equity in its services.
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 FMCS will include a diversity, equity, inclusion, and accessibility 

presentation at every future conference and include progress updates on 

FMCS’s Equity Plan.

 FMCS will reach out to unions dedicated to serving racial minorities and 

other underserved communities to better understand how to its improve 

services.

Action 3 – Increasing Procurement Partnerships with Disadvantaged Businesses

A. Barrier to Equitable Outcome(s)

o FMCS has been unable to find many socially and economically disadvantaged 

businesses with which to partner. This has caused a very low number of awards to 

be made to these types of businesses. 

o In the past, FMCS had been unable to start a partnership with the Small Business 

Administration (SBA). This has prohibited the Agency from being able to award 

8(a) Business Development Program contracts.

B. Action and Intended Impact on Barrier

o Increase set-asides to socially and economically disadvantaged businesses using 

government-wide acquisition contracts (GWACs). The opportunity to improve 

set-asides is achievable thru GWACs which have categories of socially and 

economically disadvantaged businesses that are inclusive of the Small Business 

Administration (SBA) contracting assistance programs. These categories include 

the 8(a) Program, Historically Underutilized Business Zones (HUBZone), Small 

Disadvantaged Business (SDB), Service-Disabled Veteran Owned Small Business 

(SDVOB), and Women-Owned Small Business (WOSB). FMCS will also 

improve set-asides to socially and economically disadvantaged businesses through

solicitations posted on the System for Awards Management (SAM).

o Establish a Partnership Agreement (PA) with the Small Business Administration 

(SBA) in accordance with their 8(a) Business Development Program and FAR 

Subpart 19.8. The opportunity to sole source contracts to socially and 

economically disadvantaged businesses is achievable through this specific SBA 

contracting assistance program. The 8(a) program supports socially and 

economically disadvantaged businesses in ways that aid in strengthening their 

ability to compete successfully in the economy. The program also assists program 

participants in gaining access to contracting opportunities in the federal 

marketplace through partnerships between SBA and other federal agencies. 

Overall, FMCS’s partnership agreement with SBA will permit us to award 

contracts directly to 8(a) firms and show preference in federal contracting to firms 

who have suffered from racial, ethnic, gender, geographical, or disability bias. 

o FMCS will develop an outreach program, improving accessibility to procurement 

information and opportunities to our prospective business partners in underserved 

communities. Engaging the public on how to do business with FMCS will provide 

the tools necessary to navigate our agency and overall, the federal marketplace. 

For example, FMCS will enhance the agency’s procurement website to target the 

needs of our prospective business partners in underserved communities by 
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creating a user-friendly forecast of procurement opportunities which provides 

information about expected contracts. FMCS will also perform other outreach 

activities such as aiding vendors with registration in DUNS and SAM, delivering 

procurement related one-on-one sessions with vendors, and increasing our 

presence at highly attended small business procurement conferences and fairs.

C. Tracking Progress

o To determine whether these actions have substantially reduced the barriers to 

equitable access identified above, FMCS will run quarterly reports from both 

FPDS-NG and its internal procurement system to determine the number and value 

of awards made to socially and economically disadvantaged businesses. Award 

memorandums for each award will also be adjusted to reflect efforts made to 

award to these underserved communities. FMCS’s near-term goal is to increase 

awards to socially and economically disadvantaged businesses to 25%. FMCS’s 

long-term goal is to increase awards to 50%.

o In addition to the number of official awards made to underserved communities, 

FMCS expects that socially and economically disadvantaged businesses, in 

general, will gain a better understanding of how the procurement process works at 

FMCS and what opportunities are available for them. Similarly, FMCS expects to 

see a positive relationship created between FMCS acquisition staff and members 

of these underserved communities. Finally, FMCS expects its business 

relationships with both SBA and the Office of Small Disadvantaged Business 

Utilization (OSDBU) to grow as it continues to work with these agencies. 

D. Accountability 

o FMCS will hold itself accountable by ensuring that these actions are implemented 

by the Head of Contracting Activity (HCA) with approval and concurrence from 

the agency head and the Chief Operating Officer (COO). Internal procurement 

policies and directives will be revised to reflect these actions. The implementation 

of the proposed outreach activities will require support at the executive and 

stakeholder level which includes a providing an annual budget, collaboration with 

FMCS’s Information Technology (IT) office, and possibly temporary contractor 

support to assist in the formation of the program. Overall, the acquisition staff 

will adhere to all laws and rules to ensure that maximum practicable procurement 

opportunities are made available to underserved communities. 

o FMCS will also hold itself accountable to external stakeholders, including SBA 

and its customers. Specifically, FMCS will assist SBA’s procurement center 

representatives (PCRs) by giving them all reasonably obtainable contract 

information and following through with recommendations for specific 

acquisitions which should be set-aside for specific small business concerns. In 

addition, FMCS will publish a quarterly spreadsheet of all awards made, to 

include business size, business status, and award amount, on its website so that 

there is full transparency to customers showing all efforts being made to make

awards to socially and economically disadvantaged businesses. 
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o FMCS will include a diversity, equity, inclusion, and accessibility presentation at 

every future conference and include information on FMCS’s progress under the 

Equity Plan.

o FMCS’s next strategic plan will include the following: developing and 

implementing a FMCS diversity, equity, inclusion, and accessibility strategic plan 

with a goal of yielding tangible changes that positively impact the lives of people 

both internally at FMCS and externally to those it serves.

Bonus Action – Preventive Dispute Resolution Programs in Title I Schools

A. Background: Across the country, conflict arises in schools from the onset. Without skills 

to identify and address conflict, an issue can escalate quickly from a disagreement to 

aggression. Teaching children at a young age to successfully manage conflict and 

navigate highly stressful situations with others can have a lasting and positive impact on 

their lives and others. In the past, FMCS created and implemented a successful 

preventive dispute resolution program in schools called “Cool School,” which was 

discontinued due to budgetary constraints. FMCS will attempt to secure funding to 

implement an updated version of this successful program.

B. Barrier to Equitable Outcome(s)

o Primary school students often are not exposed to programs that help them learn 

the dynamics of conflict prevention, management, and resolution.

o Discipline and other conflicts in school disproportionately impact children from 

underserved communities.

C. Action and Intended Impact on Barrier

The following are suggested actions only; actions will be determined in conjunction with 

partners once funding is secured.

o Update training program and materials.

o Train staff and students in FMCS’s program, including mediation techniques, 

anti-bullying practices, and peer mediation. 

o Make direct contact with district officials to provide information about the 

program, how it works, and what FMCS can do to bring this program to them.

o With district officials, identify appropriate Title I schools for this program. Reach 

out to schools to promote and offer FMCS’s program.

o Deliver program to designated students, creating ongoing outreach and follow-up.

o This training will allow students to de-escalate their conflicts, leading to lower 

disciplinary cases and providing tools to students to allow them to de-escalate 

their conflicts even when they are no longer students.

D. Tracking Progress

The following are suggested actions only; actions will be determined in conjunction with 

partners once funding is secured.

o Monthly outreach to the schools, students, and staff who receive training.

o Successful conflict interventions will be discussed and captured for celebratory 

purposes. Obstacles and challenges in addressing conflict will also be captured to 
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work with the group on areas of need such as additional skill building, practice 

through small group work and simulated conflict scenarios.

o Develop and deliver mini workshops to address these additional issues and 

concerns.

E. Accountability 

o To obtain funding necessary to implement this program, FMCS will:

 Reach out to relevant government agencies and/or community 

organizations regarding a partnership.

 Request funding in FMCS’s next budget proposal.

o FMCS’s next strategic plan will include the following: developing and 

implementing a FMCS diversity, equity, inclusion, and accessibility strategic plan 

with a goal of yielding tangible changes that positively impact the lives of people 

both internally at FMCS and externally to those it serves.

o If provided sufficient funding, FMCS would do the following:

 Public Outreach 

• FMCS would provide information on the program on the Federal 

Register.

• FMCS would provide information on the program through the 

FMCS website.

• FMCS would provide information on the program through the 

FMCS listserv and social media platforms. 

• FMCS would survey stakeholders for information on how FMCS 

could improve equity in its services.

• FMCS would include this project as part of its equity updates at 

every conference.

Conclusion

FMCS is committed to increasing and maintaining equity in its services. In its Equity Plan, 

FMCS has identified approximately 40 actions it will undertake to implement the primary goals 

of: 1) promoting virtual services to increase services and public engagement in public policy 

matters; 2) providing outreach to all F-7 parties to ensure knowledge of FMCS services; 3) 

creating more opportunities for disadvantaged businesses; and 4) securing funding to update a 

program to teach primary students tools to de-escalate their conflicts. In addition to the Equity

Plan, FMCS has taken – and will continue to take – actions to yield tangible changes that 

positively impact the lives of people both internally at FMCS and externally to those it serves.

For more information on this Plan, please contact the Office of General Counsel at 

ogc@fmcs.gov.