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The Federal Mediation and Conciliation Service Should Strive To Avoid Mediating Minor Disputes

HRD-81-14 Published: Oct 30, 1980. Publicly Released: Oct 30, 1980.
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Highlights

GAO reviewed the Federal Mediation and Conciliation Service's (FMCS) activities to determine whether they were within the authority of enabling legislation, and to evaluate the adequacy of the FMCS management practices for determining jurisdiction in a labor dispute and for reporting on resources used. GAO focused its analysis on the 19 states which have mediation services. FMCS was created to promote industrial peace and the nation's economic welfare by resolving labor disputes through collective bargaining. The Taft-Hartley Act provides for FMCS involvement in any labor dispute in industries affecting commerce if, in FMCS judgment, such a dispute threatens to cause a substantial interruption of interstate commerce. FMCS is directed to avoid attempting to mediate disputes that have only a minor impact on interstate commerce if state services are available. State and local governments are specifically excluded from the act's coverage.

Recommendations

Matter for Congressional Consideration

Matter Status Comments
Congress should consider the desirability of continued FMCS involvement in minor disputes in states without mediation services. If Congress wishes to increase the involvement of these states in the mediation of minor disputes, it should define the FMCS role for encouraging states to establish mediation services. If Congress wishes to remove the existing disincentive, it should amend the Taft-Hartley Act to direct FMCS to avoid mediating any disputes which would have only a minor impact on interstate commerce.
Closed
Please call 202/512-6100 for additional information.
Congress should determine whether the FMCS involvement in state and local public employee disputes is appropriate. If so, Congress should amend the Taft-Hartley Act to specify the conditions under which FMCS involvement would be appropriate. If not, congressional committees should ensure that FMCS end its involvement in state and local public employee disputes.
Closed
Please call 202/512-6100 for additional information.

Recommendations for Executive Action

Agency Affected Recommendation Status
Federal Mediation and Conciliation Service The Director of FMCS should monitor the basis for FMCS involvement in labor disputes to ensure that its criteria are properly applied.
Closed
Please call 202/512-6100 for additional information.
Federal Mediation and Conciliation Service The Director of FMCS should establish written cooperative agreements with state and local mediation agencies to define the types of cases each will mediate.
Closed
Please call 202/512-6100 for additional information.
Federal Mediation and Conciliation Service The Director of FMCS should establish and implement a timetable for transferring complete responsibility for mediating minor disputes to state agencies.
Closed
Please call 202/512-6100 for additional information.
Federal Mediation and Conciliation Service The Director of the FMCS should establish a system to account for the resources used on individual and total dispute mediation, technial assistance, and public information activities. This information should be used in making future staffing level decisions and in preparing budget submissions to Congress.
Closed
Please call 202/512-6100 for additional information.
Federal Mediation and Conciliation Service The Director of FMCS should require a determination that a dispute threatens substantial interruption of interstate commerce before FMCS becomes involved in labor disputes when a state or local mediation service is available.
Closed
Please call 202/512-6100 for additional information.

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Topics

Agency missionsAppropriated fundsCollective bargainingInterstate commerceJurisdictional authorityLabor lawNoncomplianceReporting requirementsLabor strikesStaff utilization