News on the FMCS Director Nomination
There is currently no Nomination for the FMCS Director position. It is unlikely that a nomination will happen this election year. As of June 3, 2024, it appears that time is running out in the complex and lengthy process of vetting a nominee, moving through the HELP Committee process, and having a vote to move the nomination to the full Senate floor. The Biden administration did not renominate Javier Ramirez after his nomination was returned to the White House on January 3, 2024.
Below is the chronology of the FMCS nomination under President Biden and some information on the nomination process.
PN63 — Javier Ramirez — Federal Mediation and Conciliation Services
118th Congress (2023-2024)
Javier Ramirez, of Illinois, to be Federal Mediation and Conciliation Director, vice Richard Giacolone.
Organization
Federal Mediation and Conciliation Services
Latest Action
01/03/2023 – Received in the Senate and referred to the Committee on Health, Education, Labor, and Pensions.
Date Received from President
01/03/2023
Committee
Senate Health, Education, Labor, and Pensions
Actions: PN63 — 118th Congress (2023-2024)
Date Senate Actions
01/03/2024 Returned to the President under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.
Senate returns dozens of nominations to Biden to restart process in 2024, including Julie Su
The acting Labor head struggled to find sufficient support in the Democratic-led Senate.
The Senate sent back more than 50 nominations to President Joe Biden as it wrapped its work for 2023 on Wednesday, most notably that of acting Labor Secretary Julie Su.
Those nominees will have to be resubmitted by the president and begin the Senate confirmation process anew since the chamber didn’t approve them within the calendar year. The positions range from Cabinet-level posts like Su’s to appeals court judicial nominees to ambassadors, but also less visible roles like ones on the Merit Systems Protection Board and the European Bank for Reconstruction and Development.
Nominees must begin to decide whether to embark again on a confirmation process that, for many, has already taken years. David Uejio, who had his nomination returned to the president, was first nominated for a role at the Department of Housing and Urban Development in June 2021.
Despite already having been confirmed as surgeon general in the Biden administration, Vivek Murthy’s nomination for U.S. representative on the World Health Organization’s executive board will have to be resubmitted.
What did they do? Lawmakers cleared a handful of positions, such as an ambassador to Guatemala and a deputy director for the Peace Corps. They also approved several reappointments to various roles and a handful of inspectors general.
Oh, and they passed a resolution congratulating the Columbus Crew for winning the 2023 Major League Soccer Cup.
Reprint from March 18, 2021 Article from the Center for Presidential Transition
Most nominations withdrawn from consideration by the Senate happen before receiving a committee hearing
TIMOTHY GERMANY Obituary Mediator #855GERMANY–Timothy Lane, of Sands Point, NY, died peacefully on February 13, 2024. A native of Cleveland, Timothy spent almost 40 years as a devoted and enthusiastic New Yorker. Tim had a Master’s in Social Work from the University of Michigan and a Master’s in Labor Relations from Cornell. A skilled federal mediator, he helped to settle some of the most challenging labor disputes with his patience and measured insights. Generous, hilarious, fantastic tennis player, fabulous dancer, black belt in karate, Timothy possessed a true passion for life. He is survived by his first wife, Robin; daughter, Rachel; son-in-law, Ennis; grandchildren, Langston, August, and Zora; and wife, Alicja Malecka. For information concerning a memorial, please email: rgermany@mindspring.comFuchs, Charles O. Mediator #911November 1, 1938 – May 10, 2024Passed away on Friday, May 10, 2024.Beloved husband of the late Joan (Zamberlan) Fuchs; loving father of Shelly Carnaghi, Chuck (Judi) and Brian (Lauren) Fuchs; cherished grandfather of Steven, Michael, Morgan, Blake, Brooke, Alexis, Olivia, Anna, and Isabella; dear great grandfather of Robby and Gwen; our dearest brother, brother-in-law, uncle, great-uncle, cousin and friend to many.
Friends of FMCS History Foundation
Here is the late spring early summer Update:
Dear Friends of FMCS History Foundation,Here is the late spring early summer 2023 update. As of today June 9, 2023 the FMCS Director nomination continues to be held up in the Senate. The FMCS has not had a Senate confirmed Director since January of 2021.Friends Board of Directors want to know if any of our readers and former FMCS Commissioners would like to see an in person event in the future. Locations for the reunion could be Arizona or any other suggested retiree friendly location. We would love to know if any of you would be interested in such an event. Please respond to this email with your thoughts.If you have been on the website lately you may have noticed that we are no longer soliciting donations. Our bank account is sufficient for now to cover all the associated non-profit expenses.On a sad note two former FMCS Commissioners have recently passed away, Chuck Gamble and Bill McFadden. Below you will find Commissioner Gamble’s Obituary and an article in the Baltimore Sun Newspaper highlighting the life of Commissioner McFadden.Charles Clyde Gamble Commissioner # 922December 12, 1946 – December 13, 2022ObituaryCharles Clyde Gamble, 76, formerly of Williamsport and a resident of Loyalsock Twp. since 2016, passed away at home on Dec. 13, 2022, while surrounded by family.Charles was born in Williamsport on Dec. 12, 1946, a son of the late Charles H. and Mildred (English) Gamble.He was a graduate of the former St. Joseph High School and went on to earn his bachelor’s degree attending; Bloomsburg University, Antioch University and Pennsylvania College of Technology. He worked at Bethlehem Steel for almost 20 years serving as shop steward and president of the union, after leaving Bethlehem Steel he became a federal mediator for 18 years.Charles was a long-time member of the YMCA. A member for 65 years, it was a big part of his life. Charles felt it important to be active in the community and went out of his way to help others and give to many charities. He was a long-time member of AA and was a sponsor to many in the community.He was an avid Philadelphia sports fan; he was a huge fan of both the Eagles and the Phillies.He is survived by his daughter Kelly Gamble-Maggs (Jason) of Loyalsock Twp.; step children, Dan Smith of Tenn., Joy Smith of Philadelphia; step daughter-in-law, Tammy Smith (Red Lion); grandchildren, Christian Maggs, with whom he lived, L.J. Robinson III, Allison Smith Holmes, Mickayla Smith, Marena Smith; great grandchildren, Nora Holmes; siblings, Patricia Wolpert of Dayton, Ohio, Denice Caswell of Fredericksburg, Virginia; four nieces and two nephews & several great-nieces and nephews.In addition to his parents, a step-son, Jon Smith, preceded him in death.A celebration of Charles’ life will be held at a later date.In lieu of flowers, memorial contributions in memory of his mother Mildred Gamble may be made to the Alzheimer’s Association at www.alz.org.Arrangements have been entrusted to Crouse Funeral Home & Cremation Services, please visit Charles memorial page at www.crousefuneralhome.com to share a memory or sign a register.William McFadden Commissioner # 1001 ObituaryBaltimore Sun ArticleWilliam P. ‘Bill’ McFadden Jr.Federal mediator and president of the Washington Duke Ellington SocietyBy Frederick N. RasmussenWilliam P. “Bill” McFadden Jr., a federal mediator and president of the Washington Duke Ellington Society, died of a heart attack May 16 at his Annapolis home. He was 69.“Bill was a very good communicator, had a great sense of humor, and was very smart when it came to labor relations and collective bargaining, and he was always fun to hang out with,” said Jimmy Kenny, who retired from the New York office of the Commission of Federal Mediation and Conciliation Services and was trained by Mr. McFadden. The agency’s mission is to “preserve and promote labor-management peace and cooperation,” according to its website.“To become a federal mediator is the cherry on the cake,” said Mr. Kenny, who now works for the New Jersey State Board of Mediation. “The Federal Mediation and Conciliation Services is the premier agency in the United States, if not the world.”William Paul McFadden Jr., son of William P. McFadden Sr., a union representative, and Dolores McFadden, a homemaker, was born in Philadelphia and raised in Bensalem, Pennsylvania.After graduating in 1971 from Holy Ghost Preparatory School in Bensalem, he attended Temple University and earned a bachelor’s degree in 1976 in journalism and political science from the George Washington University.Following college, Mr. McFadden moved to Manhattan for nearly a decade and held various roles in the nonprofit, professional and association world while immersing himself in the city’s jazz scene.Born into a strong union family, from 1990 to 1996, Mr. McFadden was executive vice president of the Mechanical Contractors Association of Eastern Pennsylvania in Philadelphia, where he oversaw six separate agreements involving the Steamfitters Local 420 and Plumbers Local 690.In 1994, he was a trainer, on behalf of the Department of Labor, to Poland’s Solidarity, a labor movement.In 1997, he was appointed a commissioner in the Baltimore field office of the Federal Mediation and Conciliation Services.In his role as a commissioner, he mediated private, public and federal bargaining disputes until his retirement in 2014.“During a trades mediation, someone asked Bill how he framed an issue, and he said, ‘What’s your problem?’ in that Philly voice of his,” Mr. Kenny recalled. “It was a classic example of how down-to-earth he was. When you’re doing negotiations with the trades, they’re never easy, and it takes a special type of person to do them like Bill.”“He was a great communicator and an active listener,” his wife of 31 years, the former Kathy Hay, CEO of the Harford County Association of Realtors, said.Mr. McFadden discovered jazz during his high school and college years, his wife said, and ultimately amassed a collection of more than 1,500 vinyl and CD recordings.A particular interest of his was the music of Duke Ellington and his frequent collaborator, Billy Strayhorn. Mr. McFadden was president of the Washington Duke Ellington Society from 2011 to 2018, and had been editor of its publication, Ellingtonia. He was also a member of the New York Ellington Society and the International Ellington Society.“When we were growing up and interested in jazz, Ellington was still alive and we saw him live,” said Art Luby, a member of the society and a close friend. “He was the premier jazz composer and had one of the great premier big bands.”He said Mr. McFadden’s knowledge of Duke Ellington, who was born in Washington in 1899 and by the 1920s was a jazz sensation, had “depth.”“Bill was an intelligent and sophisticated guy and very friendly. He shared his knowledge and never gave off the aura that he knew more than anyone else,” Mr. Luby said. “He understood the music and studied the times and circumstances of it.”Mr. McFadden gave several lectures on Mr. Strayhorn’s life, who was also a noted jazz pianist.An inveterate reader of books and newspapers, Mr. McFadden followed politics and was a concerned environmentalist. He enjoyed horror and foreign films in addition to being an ardent student of classic magic with a room in his home filled with various tricks, his wife said.Mr. McFadden, a member of Alcoholics Anonymous, was sober for the past 33 years.“Bill never kept it a secret about his drinking and used to say, ‘I’ve spilled more drinks than you ever drank,’ ” Ms. McFadden said.His philanthropic interests included the Annapolis Immigration Justice Network and the Southern Poverty Law Center.A celebration-of-life gathering built around the jazz he so loved, according to his wife, will be held from 11:30 a.m. to 12:30 p.m. July 15 at the United Church of Christ of Annapolis at 6 Carvel Circle in Edgewater.In addition to his wife, he is survived by his mother, Dolores McFadden of Fayetteville, Pennsylvania; a brother, Robert McFadden of Alexandria, Virginia; and several nieces and nephews.Take care and please feel free to pass this email along to others who may be interested in Friends.Respectfully,Richard GiacoloneExecutive DirectorFriends of FMCS History Foundation19th Director FMCS
VIA ELECTRONIC TRANSMISSION
Ms. Kiran A. Ahuja
Director
Office of Personnel Management
Ms. Laquetta D. Jones-Bigelow
Director, Equal Employment Opportunity
Federal Mediation and Conciliation Service
Dear Ms. Ahuja and Ms. Bigelow:
It has come to our attention that several Equal Employment Opportunity (EEO)
complaints have been filed in the wake of a reorganization of the Federal Mediation and
Conciliation Service (FMCS). Any EEO complaint must be thoroughly investigated with the
utmost urgency and seriousness. These particular EEO complaints are all the more important,
however, as they relate to the pending nomination of President Joe Biden’s nominee, Javier
Ramirez to be FMCS Director.
Several whistleblowers have alleged to my staff that Acting Director Gregory Goldstein,
at the direction of Javier Ramirez, engaged in a reorganization effort at the FMCS despite Mr.
Ramirez lacking the authority of either an Acting or Senate-confirmed presidential appointee to
make such a fundamental change to FMCS’s structure. Whistleblowers have also alleged that
this restructuring effort led to the ouster and/or demotion of several people of color in senior
management roles in favor of individuals more supportive of Mr. Ramirez’s restructuring efforts.
If true, these allegations not only call into question Mr. Ramirez’s nomination before the U.S.
Senate, but also call into question whether FMCS and its senior leadership are fostering a hostile
workplace that discourages diversity and inclusion.
It is critical that FMCS produce information regarding these allegations so that the
Committee may fulfill its constitutional role and properly assess the merits of Mr. Ramirez’s
nomination, as well as his fitness to serve as Director. Given the time-sensitive nature and
urgency of this request, we request unredacted copies of all EEO complaints and affidavits filed
against Mr. Ramirez and Acting Director Gregory Goldstein. We also ask that you answer the
following questions on a question-by-question basis by April 7, 2023:
Page 2 of 2
1. When did FMCS inform the Office of Personnel Management (OPM) of its restructuring
efforts?
2. Did OPM formally approve FMCS’s restructuring? If so, please also furnish all official
documents transmitted by FMCS leadership to OPM regarding this restructuring.
3. Does FMCS have a method of tracking EEO complaints? If so, what is that process? How
many EEO complaints have been filed against Mr. Goldstein and Mr. Ramirez?
4. Does FMCS report EEO complaints to OPM? If so, was OPM made aware of these EEO
complaints and to what extent is OPM coordinating with FMCS to resolve the
complaints?
Thank you for your prompt attention to this matter.
Bill Cassidy, M.D.
Ranking Member
U.S. Senate Committee on Health,
Education, Labor and Pensions
Mike Braun
U.S. Senator
tpoole@fmcs.gov
Richard GiacoloneExecutive DirectorFriends of FMCS History Foundation19th Director FMCS
Hello Friends,
Much has taken place since the last “Friends” email. A major reorganization and realignment were announced by Acting Director Greg Goldstein and Deputy Director Javier Ramirez on June 10th, 2022.
All field managers positions have been announced and require current managers to reapply for the now reduced number of field manager slots. As you can see many other changes are visible in the above chart.
The reorganization of FMCS is scheduled to be completed by Sunday, September 25, 2022.
SOME SAD NEWS
Tragically another active field mediator, Commissioner Stephen Kessler # 1042 has passed away. He was preceded by the passing of Commissioner Catanzariti in 2020, and Commissioner Brady in 2018, all while still on FMCS rolls.
Here is Commissioner Kessler’s Obituary:
Stephen, 57 of Salinas, CA passed on June 16, 2022, at his home from an aggressive rare neuromuscular disease. His recent diagnosis progressed suddenly, and his loss was unexpected. The family is shocked and deeply saddened.
Stephen was born on March 21, 1965, to Leonard and Celeste Kessler in Grand Rapids Michigan . Stephen loved California and after graduating high school, Stephen moved to California where he attended school and graduated from UCSC. Later he received his law degree from Monterey College of Law. Stephen worked as a Federal Mediator at FMCS for the last 20 years. He loved his job and found joy in finding new ways to incorporate technology and innovative skills in his training.
Stephen also spent time volunteering and coaching for the different sport organizations that his grandchildren were involved with as well as volunteering for polling stations in local elections.
Anyone who knew Stephen, knew that he was brilliant yet humble, had a huge love for his family, wasn’t afraid to be silly and bring humor into life and always remained grateful.
He had an immense passion for sports, in particular those his grandchildren played. He loved watching and coaching them in baseball and was always there to cheer them on.
Stephen was grateful for having a great life and was always looking at ways to give back to the community. He frequently reminded everyone to choose kindness and he personally practiced that every day. Stephen’s positivity was contagious and radiated to everyone around him.
Stephen’s family and friends will miss him more than words can say.
Call for Mediator Class Pictures
We are looking for mediator class pictures for the 2009 through the 1995 class. For some reason these years are not in the NARA archives or in the public affairs office at FMCS. If you have a class picture from that time frame, please send, or scan a copy of the picture and send it to rgiacolone@mediationhistory.org. You can mail the picture to Friends of FMCS History Foundation at PO Box 9517, Chesapeake, VA 23321. I will scan it and send it back to you quickly.
Visit to the George Washington University FMCS Archive
I visited the George Washington University Library on July 27th to review the Friends Archive.
I ordered 5 boxes for review from the vast collection of 325 boxes donated by Jerry Barrett, but also spent significant time talking to the archive caretaker about the collection and its future.
He was as interested in the collection as I was since he was not part of GWU when the collection arrived from Jerry. I asked why they accepted the extremely large collection, and his best guess was, “it had some historical value”. The five boxes I reviewed had a mix of items. One had photographs (some of which can be found in the National Archives). Others had files about the FMCS Mediator union organizing effort dating back to 1966. One box had disciplinary actions and reprimands (this should have been red flagged and should not have been made public). Another had various artifacts like a hat from the cool school program and many bags from the various NMLC and National Conferences. Vakil (the archive caretaker) when seeing some of the old stuff, (like the bags and hat) said this has no historical significance or value.
I also contributed to the collection by cutting my finger on broken glass found in the box with the artifacts, so a blood sample from the 19th Director of FMCS can be researched in box 283.
All kidding aside, (my blood was not a joke) the small sample review led to this finding. The stuff Jerry donated does have some significant FMCS historical value, some questionable legal implications (like personnel records), and some stuff of little to no value. I’m pretty sure that the rest of the collection if examined in detail, which you are free to do would lead to the same conclusion.
In my discussion with Vakil I learned that the Teamsters Archives which he leads is housed at GW including a large classroom decorated with Teamsters history and is available for visits and possible new mediator classes to view FMCS and Teamsters history. He said he could also put together a traveling exhibit of FMCS history and label it properly and set it up at the NMLC or other events. He said he had a budget to do things like that and would love to do more with the collection.
I mentioned that the Friends Board discussed the possibility of another location for the collection which might allow for more visibility and access to the collection. (To see the collection currently if you are not a student or faculty member, you must request a box # and wait a week for it to arrive in the reading room at the Gellman Library, show ID, be escorted, and wear a mask to view the items).
I mentioned that Cornell ILR School may have an interest in the collection. He was fine with talking to the ILR folks but did say “we don’t normally give or take from other collections out of professional courtesy”.
Article about the 1966 attempt to organize FMCS Commissioners found in the GW Archives.
2024 NLMC Scheduled
Please visit our website for interesting articles which are updated often. https://www.mediationhistory.org/
Executive Director of “Friends” and 19th Director of FMCS,
Rich Giacolone
As of August 29, 2022 no movement on the FMCS Nomination has taken place.
Statement by Press Secretary Jen Psaki on FMCS Personnel Designation
Today, President Biden designated Gregory Goldstein as Acting Director of the Federal Mediation and Conciliation Service (FMCS) and we call on the Senate to quickly confirm Javier Ramirez to serve as the permanent FMCS Director.
Goldstein is a career member of the Senior Executive Service and has served as the Chief Operating Officer for FMCS since 2018. Ramirez began his FMCS career as a Commissioner in 2005 and is currently the Executive Manager of the Division of Agency Initiatives. He has mediated disputes in almost all sectors of the American economy, including multi-party disputes in manufacturing, construction, and education.
Because of the President’s American Rescue Plan and Build Back Better agenda, our economy has recovered more rapidly than predicted from the COVID-19 pandemic downturn. With tighter labor markets and more money in their pockets, workers have greater power to demand their fair share from employers in collective bargaining with unions across the country. These conditions have put a spotlight on the important role of the Federal Mediation and Conciliation Service.
FILLING THE RANKS
LEADING FMCS — The administration announced it will make GREGORY GOLDSTEIN the acting director of the Federal Mediation and Conciliation Service Wednesday, as its nominee to be the permanent director, JAVIER RAMIREZ, awaits confirmation in the Senate.
Goldstein has served as the chief operating Officer for the federal agency, which helps to resolve labor disputes, since 2018. Ramirez was nominated for the post in June, but his nomination has been stuck in committee.
ice in facilitating productive collective bargaining relationships and labor-management partnerships.
The President’s designation of Gregory Goldstein, and his urging of the Senate to confirm Javier Ramirez, should help the FMCS play an even more proactive role in helping unions and employers successfully negotiate collective bargaining agreements, including where there are strikes or lockouts currently underway.
From POLITICO
Obituary for Former Director Moffett from Washington Post 11/28/21
Ken Moffett, a former federal mediator and union leader, died on November 19, 2021, of natural causes. He is survived by his wife of 24-years Mary (Taddeo) Moffett; his children, Laura Tornell, Olney, Maryland, Ken Jr., Alexandria, VA and John (Antioch, CA); three grandchildren (Brian, Scott and Melanie) and three great-grandchildren (Isabella, Oliver and Eva). A memorial service will be held at 11 a.m. on Friday December 10, 2021 at Our Lady Queen of Peace Catholic Church at 2700 South 19th Street, Arlington, VA 22204. Donations in lieu of flowers may be made to one of these charities: Jobs With Justice, at: www.jwj.org The Alzheimer’s Association;https://alz.orgOur Lady Queen of Peace Catholic Church: https://www.ourladyqueenofpeace.org/
What is currently happening at FMCS? Who is in charge? Good questions, here is the news.
Rich Giacolone the 19 Director of FMCS retired on January 2, 2021, after leading the Agency for 3 years. His vacancy will remain until the next Director is confirmed by the Senate (See news on the situation below).
Deputy Director Gary Hattal was in charge until his retirement in December 2021, his title was Deputy Director with the duties of the Director. Gary had 26 years of experience with FMCS and was Director Giacolone’s Deputy Director during his entire term.
We do have developing news impacting FMCS: Javier Ramirez was announced by the Biden Administration as the FMCS nominee on June 9th, 2021. He was voted favorably out of the Senate HELP Committee on August 3rd and was placed on the Senate Executive Calendar, No. 300. He now awaits a vote in the full Senate.
Here is the White House Announcement:
Javier Ramirez, Nominee for Director of the Federal Mediation and Conciliation Service
Javier Ramirez began his FMCS career as a Commissioner in 2005 and is currently the Executive Manager of the Division of Agency Initiatives. This office bears responsibility for the Office of Conflict Management & Prevention, Office of Strategy & Development, the Center for Conflict Resolution and Education, the FMCS Institute for Conflict Management, and the DC and Northern Virginia (HQ) Commissioners.
Javier mediated disputes in all sectors of the economy (except air and rail) in professions such as the performing arts, public safety, professors, hospitality, hospitals, manufacturing, and packing houses. Javier facilitated and mediated multi-party disputes in manufacturing, construction, and education. He was on the facilitation team for several regulatory negotiations, including the Department of Energy (DOE) negotiations that resulted in the largest energy-saving rule in DOE history. Javier also trained and successfully facilitated parties in various collaborative bargaining models. Notably, Javier collaborated with colleagues to create the FMCS Affinity Bargaining model. He represented the agency in international tri-partite training efforts in Bangladesh and trained all New Zealand labor mediators on collaborative bargaining. Javier has been the recipient of multiple FMCS performance awards in recognition of his work, including the Director’s Award.
Additionally, Javier is regularly asked to present at national and regional conferences on conflict management topics. He guest lectured on labor relations and dispute management at the University of Illinois, University of Colorado Boulder, National Defense University, Cornell, and other universities.
Prior to FMCS, Javier spent over fourteen years in labor relations, negotiating contracts and resolving disputes in areas such as immigration, contract administration, communication, staffing, and politics at the federal, state, and local level. His efforts have been featured in Rolling Stone, Chicago Tribune Magazine, and Chicago Lawyer Magazine; cited in the New York Times Best Seller Fast Food Nation; and recognized by the College of Labor and Employment Lawyers.
Javier enjoys the performing arts or exploring the great outdoors with his wife and two adult children.
This is great news for FMCS, and if his nomination is confirmed by the Senate (as I expect it to be), he will be the second consecutive FMCS commissioner to be nominated and confirmed.