WORKLOAD PROJECTIONS FISCAL YEARS 1978 AND 1979
The Service, under provisions of the Labor Management Relations Act, 1947, receives notice from a party of the desire to terminate or amend an expiring collective bargaining contract. Approximately 100,000 such notices are received each year.
In addition, there is a steady increment each year to the potential workload arising out of new National Labor Relations Board bargaining certifications after representation elections. In Fiscal Year 1977 the NLRB conducted a total of 9,484 representation elections of which the unions won 4,363. About 44 percent or 1,941 of the elections won by the unions were in manufacturing industries.
The NLRB provides the Service with copies of these bar- gaining certifications. In Fiscal Year 1977 a total of 3,902 NLRB certifications was received, from which 2,044 mediation assignments were made. Subsequently, 1,123 of these assignments involved Service participation and were closed successfully through joint meetings. Such certifications are initial contract situations and media- tion is especially important and somewhat involved because of the absence of a prior bargaining relationship between the parties.
These notices form the basis for case assignments. During FY 1977, 117,520 notices were received. Approximately 24 percent of notices received resulted in case assign- ments. In processing notifications, the Service screens out those cases with relatively lower priority, those where adequate mediation resources are available outside FMCS, and those not within the jurisdiction of the agency. The Service consolidates many other related notices into single assignments. Thus, in FY 1977, 27,991 dispute case assign- ments were made.
The dispute mediation workload projection for Fiscal Years 1978 and 1979 is based on:
The average actual workload in terms of dispute case assignments for the three preceding fiscal years (1975 - 1977).
An added increment of 2,100 case assignments arising out of new National Labor Relations Board bargaining certifications.
The number of additional assignments expected from the more active FMCS approach to mediation in critical industries in both the public sector (federal and state and local) and the private sector.
Since approximately three out of every ten assignments involve active FMCS participation, the projected figures for joint meeting cases closed reflect this proportion.
Increases in both the private and public sector caseload are expected during Fiscal Years 1978 and 1979. The total public sector caseload will increase from 821 joint meeting cases closed in Fiscal Year 1977 to 1,000 joint meeting cases closed during Fiscal Year 1979. Similarly, the private sector joint meeting caseload will increase from 9,707 in Fiscal Year 1977 to 10,700 in Fiscal Year 1979.
Technical Assistance/Public Information and Educational Activities
Through its technical assistance program, the Service has undertaken a broader approach to meet the needs of the labor-management community.
Technical assistance includes "...efforts by the mediator, other than dispute mediation or public information activi- ties, to reduce or prevent conflict, to improve labor- management relations, and to promote the understanding and implementation of responsible collective bargaining policies and procedures. These include training, education, consulta- tion, and problem-solving activities with representatives of labor and management, neutrals in dispute resolution, professional associations, and academic institutions."
In the public sector (federal and state and local), technical assistance cases will total about 220
and 200 in Fiscal Years 1978 and 1979, respectively. The Service will continue to attempt to design effective programs to assist parties in this unique sector.
In the private sector technical assistance cases will total approximately 1,070 in Fiscal Year 1978 and 920 in Fiscal Year 1979. These figures represent a slight decrease in overall private sector activity. This will result from a combina- tion of two factors: (1) the Service plans to con- centrate its efforts on providing more in depth technical assistance programs individually tailored to the parties' needs. In conjunction with this emphasis, the Service will seek to improve iden- tification procedures in those areas most in need of technical assistance and concentrate efforts to provide such assistance with specific follow-up, maintenance, expansion, and improvement of on- going programs; and (2) the dispute mediation workload is expected to increase in both Fiscal Years 1978 and 1979. In order to meet this addi- tional dispute workload, a reduction in a number of technical assistance activities could result.
Part of the mediator's job is to participate in the dialogue of his profession and to help ex- plain the collective bargaining and mediation processes.
These activities help labor and management and the public to understand the obligations, pres- sures, and responsibilities involved in collective bargaining and the mediation process, and serve to enhance labor peace and industrial stability.
A total of 1,039 assignments was closed in the area of public information and educational activi- ties in Fiscal Year 1977, and the estimated work- load projection for Fiscal Year 1979 is 840 assign- ments.
Arbitration continues to be the most widely-used means of peacefully resolving questions involving interpretation and application of collective bargaining agreements. Arbitration also plays a role in reaching agreements, (termed "interest arbitration"), particularly in the public sector. Use of other, related arbitration services such as appointment of Boards of Inquiry in the health care industry, appointment of fact-finders, and assistance in establishing permanent panels for larger labor and management groups also continues. Demands for arbitration services continued to increase during Fiscal Year 1977. The Service provided a record level of 26,103 panels, an 18.2 percent increase over Fiscal Year 1976. The upward trend is expected to continue in Fiscal Years 1978 and 1979 as shown in the workload projections on page 16. The system now in place will enable the Service to continue to provide 48-hour turnaround on most requests for panels.
The growing need for arbitrators has been accompanied by increases in both the number of applicants for admission to the roster and the demand for training and development of new arbitrators. Because of rapid changes in labor law, continuing education of arbitrators has become more important. Arbitrator training and development will be an accelerated priority of the Service for FY 1979.
The tabulation that follows shows the workload projections for FMCS activities for Fiscal Years 1978 and 1979.
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