Federal Mediation and Conciliation Service (United States)

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 Labor. 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.

Formation and first director

On August 7, 1947, President of the United States 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.

Mediation roles

Representatives of the FMCS played a role in negotiations between Bethlehem Shipbuilding Corporation 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 2011.

In November 2012, the National Hockey League and National Hockey League Players Association agreed to submit their negotiations to the FMCS in an effort to resolve the 2012 NHL lockout.

2013 credit card scandal

In 2013, The Washington Examiner alleged in a series of articles that employees at the agency had made improper purchases such as auto leases and spouses' cellular phones using government credit cards.

In response, the FMCS issued the following statement: "These items which the Examiner is inquiring about appear to have been the subject of a now-settled employment dispute involving a disgruntled FMCS employee. These purchasing issues were addressed in the settlement, but must remain confidential under federal personnel rules, as noted, in the absence of a release from the employee.

"When FMCS became aware of this employee’s concerns about the Agency’s procurement practices, we took immediate actions. These actions included taking steps to ensure that the Agency’s internal processes meet federal regulations. Additionally, we obtained a review by an outside, independent authority regarding FMCS procurements made over a period of years. We conducted a prompt and thorough investigation and a review of our own internal processes. With the settlement of the employment dispute, the conclusion of our own investigation and reviews by outside authorities, the allegations were dropped and outside authorities indicated they would take no further action."

Subsequently, Congressional committee staff in both the House and Senate looked into the allegations that prompted the articles in the Examiner and concluded their inquiries without making any findings against the agency or its employees. Then-FMCS Director George H. Cohen announced his retirement from the agency, effective December 31, 2013, to coincide with his 80th birthday. He was succeeded by then Deputy Director Allison Beck, who served as Acting Director, was nominated by President Obama in September 2014, and then confirmed by the U.S. Senate as Director in July 2015.

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:

1. Cyrus S. Ching (1947; Truman)
2. David L. Cole (1952; Truman)
3. Whitney P. McCoy (1953; Eisenhower)
4. Joseph F. Finnegan (1955; Eisenhower)
5. William E. Simkin (1961; Kennedy), the longest-serving Director, departing office in 1969
6. J. Curtis Counts (1970; Nixon)
7. William Usery, Jr. (1973; Nixon)
8. James F. Scearce (1976; Ford)
9. Wayne L. Horvitz (1977; Carter)
10. Kenneth Moffett (1982; Reagan), served for seven months.
11. Kay McMurray (1982; Reagan)
12. Bernard E. DeLury (1990; Bush 41)
13. John Calhoun Wells (1993; Clinton)
14. C. Richard Barnes (1999; Clinton)
15. Peter J. Hurtgen (2002; Bush 43)
16. Arthur F. Rosenfeld (2006; Bush 43)
17. George H. Cohen (2009; Obama)
18. Allison Beck (2014; Obama), the first woman to serve as director