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The history of dispute resolution, mediation and arbitration

Update on Javier Rameriz and the FMCS Nomination

News on 2023 Nomination is summed up in this Politico Article

HELP GOP raises alarm about Biden’s chief mediator nominee

FIRST IN SHIFT: A pair of Republicans on the Senate HELP committee are raising concerns about President Joe Biden’s nominee to head the independent federal agency tasked with facilitating labor contract negotiations, citing allegations of potential employment discrimination.

Sens. Bill Cassidy (R-La.) and Mike Braun (R-Ind.) sent a letter Friday to the Office of Personnel Management and the Federal Mediation and Conciliation Service regarding allegations against Javier Ramirez, a career official currently serving as deputy director of field operations who Biden picked to be director.

The senators say that multiple Equal Employment Opportunity complaints have been filed by FMSC staffers, stemming from organizational restructuring at the agency they allege acting director Gregory Goldstein has undertaken at Ramirez’s behest.

“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,” the letter obtained by POLITICO states. “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.”

A spokesperson for FMCS said the agency “does not have knowledge of any filings before the EEOC titled against Mr. Ramirez,” and said that the restructuring was initiated by Goldstein “based on evidence from client feedback, declining case activation rates, inefficient operations, inconsistent application of administrative functions, and a variety of other reasons.”

The spokesperson said that 16 management positions were affected as a result of the initiative, but that job determinations were made a by a diverse five-person panel and that any staffer whose position was affected by the shakeup was offered a senior mediator job and saw no change to their pay or benefits.

HELP Chair Bernie Sanders’ office did not return a request to comment. More details for Pros here.

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NOMINATIONS ON TAP: The Senate HELP Committee on Tuesday is set to consider a big batch of Biden’s labor nominees (save for the aforementioned Ramirez and acting Labor Secretary Julie Su).

They include:

  • Kalpana Kotagal to serve on the Equal Employment Opportunity Commission.
  • Jose Javier Rodriguez to be assistant labor secretary for the Employment and Training Administration.
  • Moshe Marvit to serve on the Federal Mine Safety and Health Review Commission.
  • Linda Puchala and Deirdre Hamilton to be members of the National Mediation Board.


Update: As of September 5, 2022 no movement on the FMCS Nomination.

Open this article to see the current status of the FMCS Nomination.  Mar 31, 2022

Updated: April 7, 2023 — 9:46 pm
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