Where and how is the title Honorable used with high level Government Officials like FMCS Directors.
In the United States, government officials who have been elected to public office or are appointed by the President of the United States with the advice and consent of the Senate are afford the courtesy title of The Honorable. (US State Department Website)
Former director Kay McMurray #847 last resting place, reflects that honor.
Certification of Nomination and Senate Confirmation signed by the Secretary of State and the President for the 19th Director of FMCS.
FMCS has 19 Directors according to the agency archives but depending on how you count, the number may be off by one. Every Director, from # 1, Cryus Ching to #19, Richard Giacolone was nominated by the President and confirmed by the Senate with one exception. One of the most visible and well known Directors in FMCS history was never confirmed by the Senate.
From the Reagan Library Archives:
Nomination of Kenneth E. Moffett To Be Director of the Federal Mediation and Conciliation Service
December 14, 1981
The President today announced his intention to nominate Kenneth E. Moffett to be Federal Mediation and Conciliation Director. He would succeed Wayne Horvitz.
Mr. Moffett has been Acting Director since January 1, 1981. He was appointed Deputy Director of the Federal Mediation and Conciliation Service in 1977. Previously he served as the Director of Mediation Services for 5 years. In 1969 Mr. Moffett was special assistant to former Director J. Curtis Counts. During this time, he was also named Executive Secretary of the Atomic Energy Labor-Management Relations Panel. Commissioned a mediator with FMCS in 1961, Mr. Moffett served in Washington, D.C., and in Cleveland, Ohio, for 5 years. In 1957-61 he was an international representative for District 50, United Mine Workers of America.
He graduated from the University of Maryland (1958). He resides in Adelphi, Md., with his three children. He was born September 11, 1931, in Lykens, Pa.
He received his recess appointment in December 1981.
Here is an article published by UPI after Director Moffett received his recess appointment:
Labor Secretary Raymond Donovan says the administration is continuing…
His nomination by President Reagan to head the service must be confirmed by the Senate. However, under the recess appointment while Congress was on its Christmas break, Moffett could remain as director until the end of the 97th Congress unless he resigns at the request of the president before then.
During an interview with four labor reporters, Donovan was asked about Moffett’s status and reports the administration is still interviewing others for the post.
‘By the fact that he was given an interim appointment would indicate that we are looking for talented people in that area, yes,’ Donovan said Wednesday. ‘Has that decision been made either on he, himself, or on another person? It has not.’
Moffett Moves From Mediation to Advocacy
Obviously, the player representatives and the members of the pension committee, who voted, 30-0, to confirm him, were impressed by Moffett. Many got to know him during the baseball negotiations and knew they could talk to him.
After the strike ended, they exchanged Christmas cards. Last winter, some of the players on the negotiating committee threw a party for Moffett and his general counsel, Nancy Broff. “They presented me with a plaque with a picture of all the people on the negotiating team,” Moffett said.
After the strike, they also presented him with a request. They wanted a list of six candidates who could replace Miller, who had decided to retire after 16 years with the union. Moffett did not submit his own name. “Someone he recommended was one of the top candidates,” said Mark Belanger, a member of the pension committee. “He could have recommended a dog.”
During the summer, Moffett said, a few players called asking if he’d be interested in the job. In August, Miller called at the behest of the players to ask him to consider placing himself in nomination. “I ducked it,” he said.
The situation at FMCS, where he had been acting director since January 1981 and director by recess appointment since January 1982, began to deteriorate. The Reagan administration, which had given him the appointment because it was legally necessary for him to carry out the RIFs they requested, selected Kay McMurray to become permanent director.
McMurray’s first action, Moffett said, was to fire Broff. “I’d be lying if I said that didn’t have a large bearing on my decision,” Moffett said. “It was a very upsetting thing for me. The way it was handled, I thought we both deserved better treatment. I don’t want it to sound like sour grapes, but we held that agency together with baling wire. We reduced the budget 25 percent over two years and the first thing they do is fire my lawyer because she was a Democrat.”
So, the attentions of the baseball players became increasingly enticing. “I was being seduced,” Moffett said.
When Moffett’s selection was announced, one of the first questions baseball people asked was how difficult it would be for him to make the transition from a neutral to an advocate. “No problem,” Moffett said. “Maybe they want someone who can figure out the puzzle how to avoid cataclysmic disputes. I’ve been doing it for 21 years.”
Donlan, who switched from FMCS to management, said, “The major difference is once an agreement is finished, the mediator walks away. The parties have to live with it. That’s where he’ll find the biggest change.”
One of the issues confronting him will be pending litigation over broadcast rights, whether the players have a “right to publicity”–that means the owners cannot negotiate with the networks without their consent. Also pending will be the conspiracy free agent hearing scheduled to go before an arbitrator next month. The players allege that the owners conspired to hold down salaries of the 1981-82 free agents.
Advocacy runs in Moffett’s family. His father was the president of the United Mine Workers, District 50, a 250,000-member union where Moffett got his start in 1958 as a field representative. That also was his last union job. His grandfather was a local president.
Belanger says the players concluded, “It’s impossible for someone in management to turn to labor but not that hard for a neutral to go to labor because a neutral, in my opinion, is usually for the employe.”
There was widespread feeling among management (usually expressed off the record) during the strike that Moffett was not as neutral as he should have been. Afterward, there were stories circulated and sometimes printed that he was campaigning for Miller’s job, which Moffett vehemently denied. At the time, friends say, he was quite happy running the agency.
Edward Bennett Williams, owner of the Orioles, said, “I don’t want to doom him by saying too many nice things about him.”
In many ways, Moffett is the logical successor to Miller, who, Moffett says, “did one of the best jobs in labor relations in the country during the last 16 years.”
Free agency is Miller’s monument. “I think it will be very difficult for anyone to follow in Marvin’s footsteps,” Broff said.
True, said Tom Donahue of the AFL-CIO, but “Moffett brings his own shoes, his jogging shoes, with him.”
Belanger sees important similarities between Moffett and Miller: rapport with players, the refusal to be impulsive, the willingness to listen.
Part of Moffett’s appeal was his credentials, contacts and administrative experience. Another part was the laconic, “who, me?” sense of humor that goes along with his aging (not aged) jock resume. He is a 10-kilometer man, whose greatest funk was recent surgery to remove bone spurs on his right heel. “That was one of the questions we asked,” Belanger said. ” ‘Why do you run?’ He said, ‘That’s my time. I’m alone. I think. I get organized. I care about my body and my appearance and I feel good.’ I thought it was a hell of an answer.”
The hardest part of the transition may be leaving Washington, his three children and his running partners. “He’s single, he’s a mover and shaker. He and New York should get along just fine,” said Donlan. “Of course, I’ll try to help.”
What Is the Purpose of a Recess Appointment?
The Constitution states that “[t]he President shall have Power to fill up all Vacancies that may
happen during the Recess of the Senate, by granting Commissions which shall expire at the End
of their next Session” (Article II, §2, clause 3). The records of debate at the Constitutional
Convention do not provide much evidence of the framers’ intentions in the Recess Appointment
Clause. A discussion of the clause by Alexander Hamilton, in The Federalist Papers, suggests
that its purpose was to provide an alternative method of appointment that would allow the filling
of vacancies “without delay” during periods of Senate absence. Opinions by later Attorneys
General also supported this general notion, suggesting that the purpose of the clause was to allow
the President to maintain the continuity of administrative government through the temporary
filling of offices during periods when the Senate was not in session, at which time his nominees
could not be considered or confirmed. This interpretation is supported by the fact that both
houses of Congress had relatively short sessions and long recesses during the country’s early
years. In fact, until the beginning of the 20th century, the Senate was, on average, in session less
than half the year. Throughout the history of the republic, Presidents have also sometimes used
the recess appointment power for political reasons. For example, recess appointments have
sometimes enabled the President to temporarily install an appointee who probably would not be
confirmed by the Senate.
In the authors humble opinion, even with the lack of Senate confirmation in Director Moffett’s nomination, his recess appointment is more than enough to continue to refer to him as the 10th Director in FMCS history. Any other position would make every FMCS Director after 1981 a number minus one, former Director.
The Honorable 10th FMCS Director Kenneth Moffett.
Directors List 1-19 Badge Number
Director Ching #1 28
Director Cole # 2 242
Director McCoy #3 136
Director Finnegan #4 328
Director Simkin #5 413
Director Counts #6 595
Director Usery #7 658
Director Scearce #8 680
Director Horvitz #9 797
Director Moffett #10 430
Director McMurray #11 847
Director DeLury #12 896
Director Wells #13 927
Director Barnes #14 866
Director Hurtgen #15 1066
Director Rosenfeld #16 1105
Director Cohen #17 1124
Director Beck #18 1126
Director Giacolone #19 953