The Federal Mediation and Conciliation Service has significantly reduced its operations in response to an executive order from President Donald Trump directing certain agencies to cut down on their duties and staff, a move that experts and advocates said could make securing mediators in labor disputes harder.
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While the exact scope of the FMCS' reduction in force is not yet clear, attorneys and advocates involved with unions and management alike have said the effect would be noticeable and in some cases already has been felt.
Sobol, the Blank Rome partner, said he has found FMCS mediators to be especially helpful when an agency representative is involved in several rounds of negotiations. A reduced staff at the FMCS would make it harder to schedule mediators, Sobol said, which could delay negotiations or dispute processes negotiated in collective bargaining agreements that have a role for the agency.
He also pointed to private mediation, saying he expects parties will utilize it to fill any gaps in what the FMCS provides, but it might be difficult for some to take on.
"There are absolutely private options, but you have a cost associated with it, and I think for larger employers and larger bargaining units, that's a cost they're willing to bear," Sobol said. "But for smaller employers, I think it may be an impediment."
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"Trump Cuts To FMCS Staff Could Affect Bargaining, Attys Say," by Tim Ryan was published in Law360 Employment Authority on March 27, 2025.
