Lapas attēli
PDF
ePub

increased since 1972. For example, the National Education Association reports 89 strikes in 1972, 143 strikes in 1973, and 154 strikes in 1974. As other unions such as the American Federation of Teachers; Fire Fighters; State, County and Municipal Employees; Police; Nurses; Service Employees; Laborers; and Teamsters, continue to organize at high rates in the public sector, the number of strikes will probably increase. However, it does not necessarily follow that increased unionization yields more strikes because work stoppages have involved unorganized and unaffiliated local groups.

INCREASE IN TRAVEL

Mr. MICHEL. Your overall budget has increased about 14 percent, while travel and transportation has gone up about 33 percent. Why the higher increase for transportation than for the overall budget?

Mr. USERY. The reason that the overall budget request shows a smaller increase in total than the amount for travel and transportation is primarily because the salaries and benefits and related expenses for the 76 new positions are calculated for a 6-month period rather than on a full-year basis.

The proportionately increased amount requested for travel and transportation is needed to handle the heavy increase in workload not only in health care but in the other dispute mediation workload; for travel expenses related to health care boards of inquiry; and for an additional ten percent for increased travel and transportation costs estimated during the budget year.

Mr. PATTEN. Thank you, sir, good luck in your work.
Mr. USERY. Thank you, Mr. Pattern.

Justification of the Budget Estimates

FEDERAL MEDIATION AND CONCILIATION SERVICE

BUDGET ESTIMATES FISCAL YEAR 1976

SALARIES AND EXPENSES, FEDERAL MEDIATION AND CONCILIATION

SERVICE STATUTORY AND OTHER LEGAL AUTHORITIES

The mission of the Service is to prevent and to minimize labormanagement disputes throughout the Nation, both in the private and public sectors of the economy, excepting the railroad and airline industries. In particular, the agency objective is to prevent work stoppages and to reduce their duration when they occur. Statutory and other legal authorities which authorize the mediation program

are:

A. The Labor Management Relations Act, 1947, (Title II)
directs the Service to prevent and minimize interrup-
tions of the free flow of commerce growing out of
labor disputes; to assist parties to labor disputes
in industries affecting commerce to settle such dis-
putes through conciliation and mediation.

B.

C.

D.

E.

Public Law 93-360, signed July 26, 1974, and effec-
tive August 25, 1974, amending the National Labor
Relations Act to extend its coverage to employees of
private nonprofit hospitals, makes mediation manda-
tory in all health care institution disputes under
amended Section 8 (d) of the Act, the Service is direc-
ted to use its best efforts, by mediation and concil-
iation, to bring the parties to agreement. In addi-
tion, Public Law 93-360 also added a new Section 213
to Title II of the Labor Management Relations Act of
1947 by providing for discretionary use of boards of
inquiry to resolve negotiation disputes.

The Postal Reorganization Act, Public Law 91-375 (1970);
provides that a collective bargaining agreement between
the Postal Service and bargaining representatives may
include resolution procedures involving binding, third-
party arbitration. This program of Expedited Arbitra-
tion is administered by the Arbitration Services Office
of the Service. The Act also provides for the estab-
lishment of factfinding panels and arbitration boards
by the Service where the parties fail to reach an agree-

ment.

Executive Order 11491, dated October 29, 1969, as
amended, makes mediation and conciliation facilities
available to federal agencies and labor organizations
in the resolution of negotiation disputes.

Executive Order 11374, dated October 11, 1967, trans-
ferred the responsibilities of the Missile Sites Labor
Commission (created by Executive Order 10946) to the
Federal Mediation and Conciliation Service.

PROGRAM STRUCTURE

A brief description of the major elements of the program structure designed to accomplish the Service objectives is as follows:

[blocks in formation]
[blocks in formation]

Private Sector. Dispute mediation in the private sector provides assistance, when needed, in the negotiation or renegotiation of a collective bargaining contract. Added emphasis will be placed on mediation activity in the construction, food, health care, mass media, transportation, energy, and steel industries, and in the area of grievance disputes.

Public Sector. Dispute mediation in the public
sector is comprised of federal sector bargaining
and state and local sector bargaining.

In the Federal Sector, the Service is responsible for providing mediation and conciliation facilities to federal agencies and labor organizations in the resolution of negotiation disputes. The Service has promulgated rules and regulations setting forth the manner and the circumstances under which mediation assistance and services will be available to the parties.

In the State and Local Sectors, under a broadened policy, the Service is responsible for:

[blocks in formation]

Health Care Institutions. The Service will provide assistance in dispute mediation in the health care field in the negotiation or renegotiation of collective bargaining contracts. Emphasis will be placed on the assistance offered to newly organized bargaining units.

Technical Services

The technical services program has been established in response to the accelerated demand by the labor-management community for technical assistance from FMCS. The primary responsibilities are technical assistance, professional development, and research, planning and evaluation in an

C.

D.

E.

F.

effort to create programs which will meet the urgent
requirement for greater knowledge and more precise
talent in the collective bargaining field.

The major purpose of the Service's technical assistance activity is dispute avoidance through long-term improvement of the labor-management relationship. The technique is to encourage the parties to discuss their problems away from and without the tensions of a strike deadline or a contract expiration.

Under the technical services activity, the Service devises through research, and implements through education and training, new techniques that will promote peaceful labor-management relations in the rapidly changing process of collective bargaining. Programs are promoted to help management and labor enter into effective joint approaches aimed at developing new bargaining structures to meet changing conditions.

Arbitration Services

The Service is responsible for providing to disputants
panels of skilled arbitrators from which selections of
individuals can be made by the parties to hear and
decide the issues in dispute. Through this nationwide
network of jurisprudence, thousands of matters are
resolved annually in a just, speedy, and inexpensive
procedure impacting on countless businesses, millions of
employees, and vast sums of money. The FMCS Arbitration
Information Tracking System (ARBIT) permits this cen-
trally administered function to perform its mission of
providing for the dispensation of justice at the work-
place for a multiplicity of industries and meeting the
varies needs of unions and management. All sections
of the Nation's economy utilize arbitration as the final
and binding step in the resolution of conflict situa-
tions that might otherwise pit adversaries in damaging
economic struggles. Through its Office of Arbitration
Services, FMCS shapes procedurally and substantively this
vital arena for settlements of differences.

Public Information and Educational Activities

This is an important supporting function to the total mediation effort. It helps explain the collective bargaining and mediation process to the labor-management community and the public. Typical activities include speeches before professional groups; press, and broadcast relations; public reports and pamphlets; orientation of visitors from foreign countries; and other activities related to the mediation function.

Management and Administrative Support

This activity provides for policy planning, evaluation, direction, coordination and management and administrative support for the programs of the Service.

Boards and Panels

This activity provides for ad hoc employment of labor
relations experts in support of the mediation function
and for boards of inquiry appointed by the President
in emergency disputes. In addition, Public Law 93-360
which amended Title II of the Labor Management Relation
Act of 1947, provides for the appointment of impartial
boards of inquiry to serve as factfinders involving
contract disputes in health care institutions.

[blocks in formation]
« iepriekšējāTurpināt »