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WORKLOAD PROJECTIONS FISCAL YEARS 1978 AND 1979

A.

Dispute Mediation

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:

1.

2.

3.

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.

B.

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."

1.

2.

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.

C.

3.

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 Services

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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