About Labor-Management Mediation
The Bureau of Mediation can offer proactive training and services to both business owners and employees. The Bureau keeps a list of qualified, unbiased arbitrators and provides panels of arbitrators when requested in collective-bargaining disputes.
History of Labor-Management Mediation in Pennsylvania
1937
Pennsylvania passed a law giving the Department of Labor & Industry the authority to offer mediation services to private businesses. To meet increasing demand, the Department created the Bureau of Mediation.
1970
The Public Employee Relations Act (Act 195) granted public sector employees the right to collective bargaining and striking. The Bureau of Mediation was then tasked with providing mediation services to the public sector.
1992
Act 88 established strict timeframes for mediators working in public schools. The Bureau also assists with Act 111 cases involving police and firefighter contract disputes. The Bureau of Mediation plays a crucial role in fostering cooperative labor-management relationships in various workplaces, including plants, schools, and government agencies.
Types of Mediation Services
Mediation offers representatives of labor and management with several advantages over litigating a dispute. In addition to being quicker and less expensive, mediation offers more predictable results, a more relaxed setting and a greater measure of control over the final outcome.
Dispute Mediation
Dispute Mediation assists labor and management with the collective-bargaining process before a strike becomes inevitable—and even after a work stoppage has occurred.
Mediators, who have backgrounds in management or labor, use their knowledge, skills, and experience to help the parties achieve a resolution. Here's how:
- Mediators maintain strict objectivity, neutrality, and confidentiality while trying to open new avenues to problem solving.
- Mediators confer with the parties involved in a dispute individually and then schedule joint conferences with all parties to move the conversation forward.
- Mediators can get stalled negotiations going again and improve the bargaining atmosphere by encouraging mutual discussion, alternative solutions, inclusion of specific contract clauses, and use of data.
- Mediators endeavor to permanently improve the bargaining and working relationship between management and labor.
- After assisting in an agreement, the mediator often maintains contact with the union and employer to make sure that issues and concerns continue to be addressed in a cooperative manner.
- If requested by both parties, mediators can also provide advice on specific problems and grievance mediation.
Interest-Based Bargaining
Interest-Based Bargaining (IBB) replaces a confrontational, adversarial approach with a collaborative approach to bargaining.
IBB extends and institutionalizes practices followed by experienced negotiators by carefully examining both parties' needs, listening to each other exploring possible solutions, and working toward a resolution.
The Bureau of Mediation provides labor and management representatives with training on IBB and will also provide mediators to serve as facilitators for the process.
Timed Mediation
Timed Mediation is an intensive, issues-oriented method used to achieve a collective-bargaining agreement. The process combines traditional bargaining methods with a joint approach toward problem solving -- facilitated by mediators provided by the Bureau of Mediation.
The procedure also uses a self-imposed deadline—typically 48 hours—for the parties to reach agreement.
Since the program’s inception in 1990, Timed Mediation has had a 95% success rate.
Labor-Management Committee
A Labor-Management Committee (LMC) fosters better communication and cooperation between labor and management in the workplace. By bringing together representatives from both labor and management, the committee aims to improve labor relations, prevent disputes, and enhance overall workplace productivity and harmony through mutual understanding and shared decision-making.
The Bureau of Mediation provides training for committee members and/or mediators to serve as facilitators for LMC meetings.
Grievance Mediation
Grievance mediation is a proactive, voluntary process guided by a mediator from the Bureau of Mediation to assist in the resolution of grievances over the application or interpretation of a collective-bargaining agreement prior to its submission to an arbitrator.
Grievance Mediation is designed to assist parties in resolving workplace disputes through a neutral and facilitated process where employers and employees can discuss and resolve issues pertaining to alleged violations of workplace rules or collective-bargaining agreements. The mediation aims to find mutually acceptable solutions, promote effective communication, and prevent the escalation of conflicts.
By offering an alternative to formal litigation, Grievance Mediation seeks to expedite resolution, maintain workplace relationships, and contribute to a more harmonious and productive work environment.
Steward-Supervisor Training
Steward-Supervisor Training serves the purpose of educating both union stewards and supervisors in effective communication, conflict resolution, and collaborative problem-solving within the workplace. The training aims to enhance the skills of union stewards, who represent the interests of workers, and supervisors, who manage employees.
By fostering a better understanding of their respective roles and responsibilities, the training seeks to improve labor relations, reduce conflicts, and create a more positive and productive work environment.