Federal Mediation and Conciliation Service (USA)
Encyclopedia
The Federal Mediation and Conciliation Service is an independent agency of the United States government
, founded in 1947, which provides mediation
services to industry
, community and government agencies worldwide. One of its most common tasks is to help to mediate labor disputes around the country. The headquarters is located in Washington, D.C.
. Certified mediators work for it.
, a body that had been described as partial to labor by an industry spokesman. The chair of the FMCS received $12,000, placing the position at par with the National Labor Relations Board
. The FMCS offered its services upon request or in disputes affecting interstate commerce, and was required to be notified within 30 days of the expiration of a contract where either side proposes modification or termination of the existing contract.
Harry S. Truman
appointed Cyrus S. Ching
as the first director of the FMCS. Ching had been a member of the National War Labor Board
until 1943, and had been an employee of the United States Rubber Company
since 1919, serving as the firm's director of industrial and public relations in 1929. Ching would take office as of August 22, 1947, the date established in the Taft-Hartley Act for the creation of the FMCS as an independent agency, and would assume the role of the nation's top labor mediator from Edgar L. Warren, who had filled the senior mediation role within the Labor Department. After conferring with the President in August, Ching stated that he would assume his role as director in early September upon the completion of his duties at U. S. Rubber. Ching stated that his role was to settle labor disputes at the level when and where they develop.
Ching was sworn into office on September 5, 1947 with an oath administered by Judge Henry White Edgerton
at ceremonies also attended by Howard T. Colvin, who served as acting head from the August 22 creation of the FMCS, as well as other representatives of labor, industry and government.
and the Marine and Shipbuilding Workers in a strike that started in June 1947.
Representatives of the FMCS played a role in negotiations between the National Football League
and the National Football League Players Association in contract talks in February of 2011.
Independent agencies of the United States government
Independent agencies of the United States federal government are those agencies that exist outside of the federal executive departments...
, founded in 1947, which provides mediation
Mediation
Mediation, as used in law, is a form of alternative dispute resolution , a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties to negotiate their own settlement...
services to industry
Industry
Industry refers to the production of an economic good or service within an economy.-Industrial sectors:There are four key industrial economic sectors: the primary sector, largely raw material extraction industries such as mining and farming; the secondary sector, involving refining, construction,...
, community and government agencies worldwide. One of its most common tasks is to help to mediate labor disputes around the country. The headquarters is located in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
. Certified mediators work for it.
Role under the Taft-Hartley Act
The Federal Mediation and Conciliation Service was created under the terms of the Labor Management Relations Act of 1947 (better known as the Taft–Hartley Act) to replace the United States Conciliation Service operating within the Department of LaborUnited States Department of Labor
The United States Department of Labor is a Cabinet department of the United States government responsible for occupational safety, wage and hour standards, unemployment insurance benefits, re-employment services, and some economic statistics. Many U.S. states also have such departments. The...
, a body that had been described as partial to labor by an industry spokesman. The chair of the FMCS received $12,000, placing the position at par with the National Labor Relations Board
National Labor Relations Board
The National Labor Relations Board is an independent agency of the United States government charged with conducting elections for labor union representation and with investigating and remedying unfair labor practices. Unfair labor practices may involve union-related situations or instances of...
. The FMCS offered its services upon request or in disputes affecting interstate commerce, and was required to be notified within 30 days of the expiration of a contract where either side proposes modification or termination of the existing contract.
Formation and first director
On August 7, 1947, President of the United StatesPresident of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Harry S. Truman
Harry S. Truman
Harry S. Truman was the 33rd President of the United States . As President Franklin D. Roosevelt's third vice president and the 34th Vice President of the United States , he succeeded to the presidency on April 12, 1945, when President Roosevelt died less than three months after beginning his...
appointed Cyrus S. Ching
Cyrus S. Ching
Cyrus S. Ching was a Canadian-American who became an American industrialist, federal civil servant, and noted labor union mediator. He was the first director of the Federal Mediation and Conciliation Service and the Wage Stabilization Board.-Early life:Ching was born on his father's farm in...
as the first director of the FMCS. Ching had been a member of the National War Labor Board
National War Labor Board
The National War Labor Board was a federal agency created in April 1918 by President Woodrow Wilson. It was composed of twelve representatives from business and labor, and co-chaired by Former President William Howard Taft. Its purpose was to arbitrate disputes between workers and employers in...
until 1943, and had been an employee of the United States Rubber Company
United States Rubber Company
The United States Rubber Company was founded in Naugatuck, Connecticut in 1892. It was one of the original 12 stocks in the Dow Jones Industrial Average, and became Uniroyal Inc...
since 1919, serving as the firm's director of industrial and public relations in 1929. Ching would take office as of August 22, 1947, the date established in the Taft-Hartley Act for the creation of the FMCS as an independent agency, and would assume the role of the nation's top labor mediator from Edgar L. Warren, who had filled the senior mediation role within the Labor Department. After conferring with the President in August, Ching stated that he would assume his role as director in early September upon the completion of his duties at U. S. Rubber. Ching stated that his role was to settle labor disputes at the level when and where they develop.
Ching was sworn into office on September 5, 1947 with an oath administered by Judge Henry White Edgerton
Henry White Edgerton
Henry White Edgerton was a United States federal judge who served on the United States Court of Appeals for the D.C. Circuit....
at ceremonies also attended by Howard T. Colvin, who served as acting head from the August 22 creation of the FMCS, as well as other representatives of labor, industry and government.
Mediation roles
Representatives of the FMCS played a role in negotiations between Bethlehem Shipbuilding CorporationBethlehem Shipbuilding Corporation
Bethlehem Steel Corporation Shipbuilding Division was created in 1905 when Bethlehem Steel Corporation acquired the San Francisco shipyard Union Iron Works in 1905...
and the Marine and Shipbuilding Workers in a strike that started in June 1947.
Representatives of the FMCS played a role in negotiations between the National Football League
National Football League
The National Football League is the highest level of professional American football in the United States, and is considered the top professional American football league in the world. It was formed by eleven teams in 1920 as the American Professional Football Association, with the league changing...
and the National Football League Players Association in contract talks in February of 2011.
Directors
Directors of the Federal Mediation and Conciliation Service (with the date they took office listed and the President who made the appointment shown in parentheses), are as follows:- Cyrus S. ChingCyrus S. ChingCyrus S. Ching was a Canadian-American who became an American industrialist, federal civil servant, and noted labor union mediator. He was the first director of the Federal Mediation and Conciliation Service and the Wage Stabilization Board.-Early life:Ching was born on his father's farm in...
(1947; Truman) - David L. ColeDavid L. ColeDavid Lawrence Cole was an American labor mediator who served as the second Director of the Federal Mediation and Conciliation Service, appointed by President of the United States Harry S. Truman in 1952 to succeed Cyrus S...
(1952; Truman) - Whitney P. McCoy (EisenhowerDwight D. EisenhowerDwight David "Ike" Eisenhower was the 34th President of the United States, from 1953 until 1961. He was a five-star general in the United States Army...
) - Joseph F. FinneganJoseph F. FinneganJoseph Francis Finnegan was an American labor mediator who was appointed by President of the United States Dwight D...
(1955; Eisenhower) - William E. SimkinWilliam E. SimkinWilliam Edward Simkin was an American labor mediator and private arbitrator who worked on resolving strikes in major nationwide industries as the longest-serving head of the Federal Mediation and Conciliation Service, the nation's top labor mediator.-Early life and education:Simkin was born on...
(1961; KennedyJohn F. KennedyJohn Fitzgerald "Jack" Kennedy , often referred to by his initials JFK, was the 35th President of the United States, serving from 1961 until his assassination in 1963....
), the longest-serving Director, departing office in 1969. - J. Curtis CountsJ. Curtis CountsJames Curtis Counts , known primarily by his first initial and middle name, was an American lawyer and labor mediator who served as the sixth Director of the Federal Mediation and Conciliation Service, appointed by President of the United States Richard Nixon.-Early life and education:Counts was...
(1970; NixonRichard NixonRichard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
) - William Usery, Jr.William Usery, Jr.Willie Julian Usery, Jr. was a labor union activist and U.S. government political appointee who served as United States Secretary of Labor in the Ford administration....
(1973; Nixon) - James F. Scearce (1976; FordGerald FordGerald Rudolph "Jerry" Ford, Jr. was the 38th President of the United States, serving from 1974 to 1977, and the 40th Vice President of the United States serving from 1973 to 1974...
) - Wayne L. HorvitzWayne L. HorvitzSee Wayne Horvitz for the musician.Wayne Louis Horvitz was an American labor negotiator, who served as director of the Federal Mediation and Conciliation Service, where he played a major role in resolving and preventing major strikes in business and industries nationwide.-Early life and...
(1977; CarterJimmy CarterJames Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...
) - Kenneth Moffett (1982; ReaganRonald ReaganRonald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
), served for seven months. - Kay McMurray (1982; Reagan)
- Bernard E. DeLury (1990; Bush 41George H. W. BushGeorge Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
) - John Calhoun Wells (1993; ClintonBill ClintonWilliam Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
) - C. Richard Barnes (1999; Clinton)
- Peter J. Hurtgen (2002; Bush 43George W. BushGeorge Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
) - Arthur F. Rosenfeld (2006; Bush 43)
- George H. CohenGeorge H. CohenGeorge H. Cohen is the director of the Federal Mediation and Conciliation Service in the United States. He was appointed in 2009 by President Barack Obama....
(2009; ObamaBarack ObamaBarack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
)