FLRA Revives Mediation Program to Resolve Federal Labor Disputes
The Federal Labor Relations Authority (FLRA) approved a new voluntary mediation program administered by the Federal Mediation and Conciliation Service (FMCS) to help resolve certain labor-management disputes before they require a formal decision.
Under a notice in the Federal Register, FLRA said that FMCS will handle mediation for certain disputes involving federal agencies and unions over whether a proposal or contract provision is subject to collective bargaining. FMCS is an independent agency set up to resolve workplace labor disputes.
The goal is to help both sides reach an agreement without having to go through the full FLRA process.
Agencies and unions can jointly request that a case be moved to FMCS, and the FLRA can also refer specific cases to mediation. However, participation is voluntary, and either side can decline to participate. If the parties cannot reach an agreement, the FLRA will resume processing the case.
“I am pleased the FLRA is once again partnering with FMCS to give agencies and labor organizations an invaluable opportunity to resolve their negotiability disputes efficiently and collaboratively,” said FLRA Chairman Colleen Kiko.
The new program does not set a target timeline for dispute resolution although an agency spokesperson said it will “make its best efforts” to complete mediation in under 60 days.
FMCS Future
It is not yet clear when the new program will start operating as President Trump has attempted to shrink or dismantle certain small federal agencies including FMCS. A legal challenge over that move is pending before the First Circuit Court of Appeals.
The spokesperson said the FMCS is “ready to assist parties under this program” adding that FMCS will use mediators with experience or training in FLRA negotiability appeals, and that the FLRA may provide additional training.
The announcement comes after several changes in how the federal government handles mediation for these disputes.
Prior to the first Trump administration, the FLRA used its Collaboration and Alternative Dispute Resolution Office (CADRO) to try and resolve such disputes.
The first Trump administration eliminated CADRO and turned to FMCS for mediation services. The Biden administration restored CADRO in 2021, but the second Trump administration shut it down again in an executive order telling agencies to close components and offices that were not statutorily mandated.
