Arbitration News

When An Agency And Union Have Negotiated Over A Particular Subject And Have Reached An Impasse

When an agency and union have negotiated over a particular subject and have reached an impasse, the Statute provides a mechanism to resolve their impasse. First, the parties must seek mediation assistance from a third party, such as the Federal Mediation and Conciliation Service (FMCS) in an attempt to informally resolve the matter.

After this, they may seek assistance from the Federal Service Impasses Panel. After an investigation and determination is made concerning jurisdiction, the Panel has authority to recommend and/or direct a variety of informal and formal procedures to resolve the impasse.

These include telephone conferences, mediation, fact finding, written submissions and arbitration by Panel Members or private arbitrators. If the dispute is not voluntarily resolved, the Panel may take final action by imposing contract terms. The merits of the Panel's decision may not be appealed to any court.

Information that would assist you in resolving a bargaining impasse includes the form for requesting FSIP assistance and the regulations. You can find out how the FSIP has resolved impasses over specific issues by reviewing FSIP decisions. A Guide to FSIP Procedures, which describes a variety of impasse resolution procedures, is also available.

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	Did You Know?
	Arbitration is different than mediation. Mediation is a method of dispute resolution whereby the disputing parties achieve a mutually-satisfactory resolution with the assistance of a mediator. Unlike arbitration sessions, mediation sessions are not “decided” in favor of one party or another; rather, the mediator simply facilitates the negotiation process between the parties. Mediating parties are not bound to resolve their dispute (although mediated settlements, once reached, can be made binding if the parties decide to draft a contract called a settlement agreement). Arbitrating parties, on the other hand, receive a final decision from the arbitrator, which is either binding or non-binding depending on the terms of the arbitration agreement.