Notice of Bargaining (FMCS F-7 or Equivalent) under 29 U.S.C. § 158(d)


The federal Taft-Hartley Act, 29 U.S.C. § 158(d), states where a collective-bargaining contract (CBA) is in effect covering employees in an industry affecting commerce, the duty to bargain collectively requires that the party seeking termination or modification of the CBA:

(i) serves written notice on the other party 60 days prior to the expiration or proposed termination or modification date;

(ii) offers to meet and confer with the other party for the purpose of negotiating a new or modifying an existing contract;

(iii) notifies the Federal Mediation and Conciliation Service (FMCS), and simultaneously any State agency established to mediate and conciliate disputes within the state, within 30 days of serving written notice to the other party of the existence of a dispute, and;

(iv) continues the terms of the contract, without a strike or lockout, for 60 days after the written notice given to the other party.

For California, State Mediation and Conciliation Services (SMCS) is the state mediation agency that receives simultaneous notice under 29 U.S.C. § 158(d)(3).

Parties seeking to provide SMCS with simultaneous notice under 29 U.S.C. § 158(d) may use FMCS form F-7, found at the following link:  Parties, however, are not required to use the FMCS form, as long as the written notice includes the requisite information.

Notices to SMCS will be accepted via e-mail, mail, or fax.

Address: Public Employment Relations Board
State Mediation and Conciliation Service
1031 18th Street
Sacramento, CA 95811-4124
Fax: (916) 327-7955