Arbitration Services

Published date18 April 2019
Citation84 FR 16205
Record Number2019-07412
SectionRules and Regulations
CourtFederal Mediation And Conciliation Service
Federal Register, Volume 84 Issue 75 (Thursday, April 18, 2019)
[Federal Register Volume 84, Number 75 (Thursday, April 18, 2019)]
                [Rules and Regulations]
                [Pages 16205-16210]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-07412]
                =======================================================================
                -----------------------------------------------------------------------
                FEDERAL MEDIATION AND CONCILIATION SERVICE
                29 CFR Part 1404
                RIN 3076-AA14
                Arbitration Services
                AGENCY: Federal Mediation and Conciliation Service.
                ACTION: Final rule.
                -----------------------------------------------------------------------
                SUMMARY: This final rule amends the Federal Mediation and Conciliation
                Service (FMCS) rules pertaining to arbitration services. It clarifies
                existing provisions; eliminates redundancies and provisions that were
                never used in practice; consolidates sections; updates contact
                information; reduces award submission requirements and references an
                apprenticeship alternative for joining the Roster after completion of
                specified
                [[Page 16206]]
                training. It also implements a modest increase in user fees.
                DATES: This final rule is effective on May 20, 2019.
                FOR FURTHER INFORMATION CONTACT: Arthur Pearlstein, Director, Office of
                Arbitration Services, FMCS, 250 E Street SW, Washington, DC 20427.
                Telephone: (202) 606-8103.
                SUPPLEMENTARY INFORMATION: The enabling legislation for FMCS provides
                that ``the settlement of issues between employers and employees through
                collective bargaining may be advanced by making available full and
                adequate governmental facilities for conciliation, mediation, and
                voluntary arbitration . . .'' 29 U.S.C. 171(b). Pursuant to the statute
                and 29 CFR part 1404, FMCS has long maintained a roster of qualified,
                private labor arbitrators to hear disputes arising under collective
                bargaining agreements and provide fact finding and interest
                arbitration. The existing regulation establishes the policy and
                administrative responsibility for the FMCS Roster, criteria and
                procedures for listing and removal, procedures for using arbitration
                services, an option for expedited arbitration and, in the appendix, a
                schedule of user fees.
                 FMCS revised its arbitration regulation to (1) clarify and shorten
                existing provisions and naming conventions and make other helpful style
                improvements; (2) eliminate redundancies and provisions that are never
                used in practice; (3) consolidate sections for ease of understanding
                and placement under appropriate headings; (4) update contact
                information and provisions regarding the use of technology; (5) reduce
                award submission requirements and reference an apprenticeship
                alternative for joining the Roster after completion of specified
                training; and (6) implement a modest increase in user fees that have
                remained unchanged for more than 8 years. The increased fees more
                accurately reflect FMCS's costs of maintaining the Roster and the
                technology to support it, as well as responding to requests for
                arbitrator panels and biographical data. The arbitrator listing fee
                increase would only apply to arbitrators on the Roster for 5 or more
                years, reflecting the greater likelihood for more experienced
                arbitrators to be selected by parties.
                 This rule is not a significant regulatory action for the purposes
                of Executive Order 12866 and has not been reviewed by the Office of
                Management and Budget. As required by the Regulatory Flexibility Act, I
                certify that this rule will not have a significant impact on a
                substantial number of small entities. This regulation does not have any
                federalism or tribal implications.
                 Background: On January 31, 2019, FMCS published a Notice of
                Proposed Rulemaking (NPRM) proposing changes to its arbitration rule
                and requesting comments. A correction was made to the NPRM on February
                4, 2019. No comments were submitted.
                 FMCS is adopting the proposed rule as final with no changes.
                List of Subjects in 29 CFR Part 1404
                 Administrative practice and procedures, Labor management relations.
                0
                For the reasons stated in the preamble, FMCS revises 29 CFR part 1404
                to read as follows:
                PART 1404--ARBITRATION SERVICES
                Subpart A--Arbitration Policy; Administration of Roster
                Sec.
                1404.1 Scope and authority.
                1404.2 Policy.
                1404.3 Administrative responsibilities.
                Subpart B--Roster of Arbitrators; Admission and Retention
                1404.4 Roster and status of members.
                1404.5 Listing on the Roster, criteria for listing and removal,
                procedure for removal.
                1404.6 Inactive status.
                1404.7 Listing fee.
                Subpart C--Procedures for Arbitration Services
                1404.8 Freedom of choice.
                1404.9 Procedures for requesting arbitration lists and panels.
                1404.10 Arbitrability.
                1404.11 Nomination of arbitrators.
                1404.12 Selection by parties and appointment of arbitrators.
                1404.13 Conduct of hearings.
                1404.14 Decision and award.
                1404.15 Fees and charges of arbitrators.
                1404.16 Reports and biographical sketches.
                Subpart D--Expedited Arbitration
                1404.17 Policy.
                1404.18 Procedures for requesting expedited panels.
                1404.19 Arbitration process.
                Appendix to Part 1404--Arbitration Policy; Schedule of Fees
                 Authority: 29 U.S.C. 172 and 29 U.S.C. 173 et seq.
                Subpart A--Arbitration Policy; Administration of Roster
                Sec. 1404.1 Scope and authority.
                 This chapter is issued by the Federal Mediation and Conciliation
                Service (FMCS) under Title II of the Labor Management Relations Act of
                1947 (Pub. L. 80-101) as amended. It applies to all arbitrators listed
                on the FMCS Roster of Arbitrators (the Roster), to all applicants for
                listing on the Roster, and to all persons or parties seeking to obtain
                from FMCS either names or panels of names of arbitrators listed on the
                Roster in connection with disputes that are to be submitted to
                arbitration or fact-finding.
                Sec. 1404.2 Policy.
                 The labor policy of the United States promotes and encourages the
                use of voluntary arbitration to resolve disputes over the
                interpretation or application of collective bargaining agreements.
                Voluntary arbitration and fact-finding are important features of
                constructive employment relations as alternatives to economic strife.
                Sec. 1404.3 Administrative responsibilities.
                 (a) Director. The Director of FMCS has responsibility for all
                aspects of FMCS arbitration activities and is the final agency
                authority on all questions concerning the Roster and FMCS arbitration
                procedures.
                 (b) Office of Arbitration. The Office of Arbitration (OA) maintains
                the Roster; administers subpart C of this part (Procedures for
                Arbitration Services); assists, promotes, and cooperates in the
                establishment of programs for training and developing new arbitrators;
                and provides names or panels of names of listed arbitrators to parties
                requesting them.
                 (c) Arbitrator Review Board. The Arbitrator Review Board (Board)
                shall consist of a chair and members appointed by the Director who
                shall serve at the Director's pleasure. The Board shall be composed
                entirely of full-time officers or employees of the Federal Government
                and shall establish procedures for carrying out its duties.
                 (1) Duties of the Board. The Board shall:
                 (i) Review the qualifications of all applicants for listing on the
                Roster, interpreting and applying the criteria set forth in Sec.
                1404.5;
                 (ii) Review the status of all persons whose continued eligibility
                for listing on the Roster has been questioned under Sec. 1404.5;
                 (iii) Recommend to the Director the acceptance or rejection of
                applicants for listing on the Roster, or the withdrawal of listing on
                the Roster for any of the reasons set forth in this part;
                 (iv) At the request of the Director, or upon its own volition,
                review arbitration policies and procedures, including all regulations
                and written guidance regarding the use of Roster arbitrators, and make
                recommendations regarding such policies and procedures to the Director.
                 (2) [Reserved]
                [[Page 16207]]
                Subpart B--Roster of Arbitrators; Admission and Retention
                Sec. 1404.4 Roster and status of members.
                 (a) The Roster. FMCS shall maintain a Roster of labor arbitrators
                consisting of persons who meet the criteria for listing contained in
                Sec. 1404.5 and who remain in good standing.
                 (b) Adherence to standards and requirements. Persons listed on the
                Roster shall comply with FMCS rules and regulations pertaining to
                arbitration and with such guidelines and procedures as may be issued by
                OA pursuant to subpart C of this part. Arbitrators shall conform to the
                ethical standards and procedures set forth in the Code of Professional
                Responsibility for Arbitrators of Labor Management Disputes, as
                approved by the National Academy of Arbitrators, FMCS, and the American
                Arbitration Association (``the Code'').
                 (c) Status of arbitrators. Persons who are listed on the Roster and
                are selected or appointed to hear arbitration matters or to serve as
                factfinders do not become employees of the Federal Government by virtue
                of their selection or appointment. Following selection or appointment,
                the arbitrator's relationship is solely with the parties to the
                dispute, except that arbitrators are subject to certain reporting
                requirements and to standards of conduct as set forth in this part.
                 (d) Rights of persons listed on the Roster. No person shall have
                any right to be listed or to remain listed on the Roster. FMCS retains
                its authority and responsibility to assure that the needs of the
                parties using its services are served. To accomplish this purpose, FMCS
                may establish procedures for the preparation of panels or the
                appointment of arbitrators or factfinders that include consideration of
                such factors as background and experience, availability, acceptability,
                geographical location, and the expressed preferences of the parties.
                Sec. 1404.5 Listing on the Roster, criteria for listing and removal,
                procedure for removal.
                 Persons seeking to be listed on the Roster must complete and submit
                an application available online at https://www.fmcs.gov/services/arbitration/information-joining-arbitrator-roster/. Upon receipt of an
                executed application, OA will review the application, ensure that it is
                complete, make such inquiries as are necessary, and submit the
                application to the Board. The Board will review the completed
                application under the criteria in paragraphs (a), (b) and (c) of this
                section, and will forward to the FMCS Director, or Director's designee,
                its recommendation as to whether or not the applicant meets the
                criteria for listing on the Roster. The Director shall make all final
                decisions as to whether an applicant may be listed on the Roster. Each
                applicant shall be notified in writing of the Director's decision and
                the reasons therefore.
                 (a) General criteria. (1) Applicants will be listed on the Roster
                upon a determination that he or she:
                 (i) Is experienced, competent, and acceptable in decision-making
                roles in the resolution of labor relations disputes; or
                 (ii) Has extensive and recent experience in relevant positions in
                collective bargaining; and
                 (iii) Is capable of conducting an orderly hearing, can analyze
                testimony and exhibits and can prepare clear and concise findings and
                awards within reasonable time limits.
                 (iv) For applicants who are governmental employees, the following
                criteria shall also apply:
                 (A) Federal employees. These applicants must provide OA with
                written permission from their employer to work as an arbitrator.
                Federal employees will not be assigned to panels involving the Federal
                Government.
                 (B) Governmental employees other than Federal. These applicants
                must provide OA with written permission from their employer to work as
                an arbitrator as well as a statement of the jurisdiction(s) in which
                the applicant is permitted to do this work.
                 (2) FMCS may identify certain positions relating to collective
                bargaining that will substitute for the General Criteria. FMCS may also
                identify periodic educational requirements for remaining on the Roster.
                 (b) Proof of qualification. Unless waived under exceptional
                circumstances wholly in the discretion of the Director, applicants
                must:
                 (1) Submit five recent labor arbitration awards that are final and
                binding, and prepared by the applicant while serving as an impartial
                arbitrator of record selected by mutual agreement of the parties to
                labor relations disputes arising under collective bargaining
                agreements, or by direct designation by an administrative agency, or
                 (2) Successfully complete the FMCS labor arbitrator training course
                and either submit one award as described above or complete an
                apprenticeship that meets specifications that FMCS may, in its
                discretion, provide. Applicants must also submit information
                demonstrating extensive and recent experience in collective bargaining,
                including at least the position or title held, duties or
                responsibilities, the name and location of the company or organization,
                and the dates of employment.
                 (c) Advocacy. Any person who at the time of application is an
                advocate, as defined in paragraph (c)(1) of this section, must agree to
                cease such activity before being recommended for listing on the Roster
                by the Board. Except in the case of persons listed on the Roster as
                advocates before November 17, 1976, any person who did not divulge his
                or her advocacy at the time of listing or who becomes an advocate while
                listed on the Roster and who did not request to be placed on inactive
                status pursuant to Sec. 1404.6 prior to becoming an advocate, shall be
                recommended for removal by the Board after the fact of advocacy is
                revealed.
                 (1) Definition of advocacy. (i) An advocate is a person who
                represents employers, labor organizations, or individuals as an
                employee, attorney, or consultant, in matters of labor relations or
                employment relations, including but not limited to the subjects of
                union representation and recognition matters, collective bargaining,
                arbitration, unfair labor practices, equal employment opportunity, and
                other areas generally recognized as constituting labor or employment
                relations. The definition includes representatives of employers or
                employees in individual cases or controversies involving worker's
                compensation, occupational health or safety, minimum wage, or other
                labor standards matters.
                 (ii) This definition of advocate also includes a person who is
                directly or indirectly associated with an advocate in a business or
                professional relationship as, for example, partners or employees of a
                law firm. Individuals engaged only in joint education or training or
                other non-adversarial activities will not be deemed to be advocates.
                 (2) [Reserved]
                 (d) Removal from the Roster. Removal from the Roster shall be by
                decision of the Director of FMCS based upon the recommendations of the
                Board or upon the Director's own initiative. The Board may recommend
                for removal, and the Director may remove, any arbitrator listed on the
                Roster for violation of this part or of the Code. FMCS will provide to
                the affected arbitrator written notice of removal from the Roster.
                Complaints about arbitrators should be in writing and sent to the
                Director of OA. The complaint should cite any specific section(s) of
                the Code or the FMCS rule the arbitrator has allegedly violated. The
                following criteria shall be a basis for the
                [[Page 16208]]
                Board to recommend and/or the Director to initiate an arbitrator's
                removal from the Roster:
                 (1) No longer meets the criteria for admission;
                 (2) Has become an advocate as defined in paragraph (c) of this
                section;
                 (3) Has been repeatedly or flagrantly in violation of one or more
                provisions of this part;
                 (4) Has refused to make reasonable and periodic reports in a timely
                manner to FMCS, as required in subpart C of this part, concerning
                activities pertaining to arbitration;
                 (5) Has been the subject of a complaint by a party who uses FMCS
                services, or engages in conduct inappropriate for an arbitrator which
                otherwise comes to the attention of FMCS, and the Board, after
                appropriate inquiry, concludes that cause for removal has been shown;
                or
                 (6) Has been in an inactive status pursuant to Sec. 1404.6 for
                longer than two years and has not paid the annual listing fee.
                 (e) Procedure for removal. Prior to any recommendation by the Board
                to remove an arbitrator from the Roster, the Board shall conduct an
                inquiry into the facts of any such recommended removal. When the Board
                recommends removal of an arbitrator, it shall send the arbitrator a
                written notice. This notice shall inform the arbitrator of the Board's
                recommendation and the basis for it, and that he or she has 60 days
                from the date of such notice to submit a written response or
                information showing why the arbitrator should not be removed. When the
                Director removes an arbitrator from the Roster, he or she shall inform
                the arbitrator of this in writing, stating the effective date of the
                removal and the length of time of the removal if it is not indefinite.
                An arbitrator so removed may seek reinstatement to the Roster by making
                written application to the Director no earlier than two years after the
                effective date of his or her removal.
                 (f) Suspension. The Director of OA may suspend, for a period not to
                exceed 180 days, any arbitrator listed on the Roster based on any of
                the criteria in paragraph (d) of this section. Arbitrators shall be
                promptly notified of a suspension. The arbitrator may appeal a
                suspension to the Board, which shall make a recommendation to the
                Director of FMCS. The decision of the Director of FMCS shall constitute
                the final action of the agency.
                Sec. 1404.6 Inactive status.
                 (a) An arbitrator on the Roster who continues to meet the criteria
                for listing on the Roster may request that he or she be put in an
                inactive status on a temporary basis.
                 (b) Arbitrators whose schedules do not permit cases to be heard
                within six months of assignment must make themselves inactive
                temporarily until their caseload permits the earlier scheduling of
                cases.
                 (c) An arbitrator can remain on inactive status without paying any
                annual listing fee for a period of two years. If an arbitrator is on
                inactive status for longer than two (2) years, the arbitrator will be
                removed from the Roster unless the arbitrator pays the annual listing
                fee.
                Sec. 1404.7 Listing fee.
                 All arbitrators will be required to pay an annual fee for listing
                on the Roster, as set forth in the appendix to this part.
                Subpart C--Procedures for Arbitration Services
                Sec. 1404.8 Freedom of choice.
                 Nothing contained in this part should be construed to limit the
                rights of parties who use FMCS arbitration services to jointly select
                any arbitrator or arbitration procedure acceptable to them. Once a
                request is made to OA, all parties are subject to the procedures
                contained in this part.
                Sec. 1404.9 Procedures for requesting arbitration lists and panels.
                 (a) The OA has been delegated the responsibility for administering
                all requests for labor arbitration services. Requests must be made
                online at fmcs.gov/services/arbitration/requesting-a-panel/, or via
                email attaching a completed Form R-43 addressed to
                [email protected].
                 (b) Upon request, OA will refer a randomly selected panel of seven
                arbitrators to parties to an agreement to arbitrate or engage in fact-
                finding, or where labor arbitration or fact-finding may be provided by
                statute. A biographical sketch will be provided for each member of the
                panel. This sketch states the background, qualifications, experience,
                and all fees as furnished to OA by the arbitrator. The parties are
                encouraged to make joint requests. However, a panel request, whether
                joint or unilateral, will be honored. Requests for a panel of other
                than seven (7) names, for a direct appointment of an arbitrator, and/or
                for special qualifications or other service will not be honored unless
                jointly submitted or authorized by both parties pursuant to mutual
                agreement. The issuance of a panel--in response to either joint or
                unilateral request--is nothing more than a response to a request.
                Neither issuance of a panel nor appointment of an arbitrator signifies
                the adoption of any position by FMCS regarding the status of an
                arbitration agreement, arbitrability of any dispute, or the terms of
                the parties' contract.
                 (c) FMCS has no power to:
                 (1) Compel parties to appear before an arbitrator;
                 (2) Enforce an agreement to arbitrate;
                 (3) Compel parties to arbitrate any issue;
                 (4) Influence, alter, or set aside decisions of arbitrators on the
                Roster; or
                 (5) Compel, deny, or modify payment of compensation to an
                arbitrator.
                 (d) OA may decline to submit a panel or to make an appointment of
                an arbitrator if the request submitted is overly burdensome or
                otherwise impracticable. OA, in such circumstances, may refer the
                parties to an FMCS mediator to help in the design of an alternative
                solution. OA may also decline to service any request from a party based
                on the party's prior non-payment of arbitrator fees or other behavior
                that constrains the spirit or operation of the arbitration process.
                 (e) Panel requests that contain certain special requirements not
                found among the selections online, cannot be processed via the agency's
                internet system; instead, parties must submit the pdf version of the R-
                43 form via email to OA and specify the additional requirements agreed
                to by both parties.
                 (f) As an alternative to a panel of arbitrators, OA will, upon
                written request, submit a list of arbitrators and their biographical
                sketches from a designated geographical area; the parties may then
                select and deal directly with an arbitrator of their choice, with no
                further involvement of FMCS with the parties or the arbitrator, and no
                assigned case number. The parties may also request FMCS to make a
                direct appointment of their selection. In such a situation, a case
                number will be assigned.
                 (g) OA will charge a fee for all requests for lists, panels, and
                other major services. Payments for these services must be received with
                the request for services before the service is delivered and may be
                paid by either labor or management or both. A schedule of fees is
                listed in the appendix to this part.
                Sec. 1404.10 Arbitrability.
                 OA will not decide the merits of a claim by either party that a
                dispute is not subject to arbitration.
                Sec. 1404.11 Nominations of arbitrators.
                 (a) All panels submitted to the parties by OA, and all letters
                issued by OA making a direct appointment, will have
                [[Page 16209]]
                an assigned FMCS case number. All future communications with OA should
                refer to this case number.
                 (b) OA will provide a randomly selected panel of arbitrators
                located in geographical areas in proximity of the hearing site, as
                specified in the request. The parties may jointly request special
                qualification of arbitrators experienced in certain issues or
                industries or that possess certain backgrounds, or a panel with no
                geographic restrictions within the U.S. OA has no obligation to put an
                individual on any given panel or on a minimum number of panels in any
                fixed period. If at any time both parties request that a name or names
                be included, or omitted, from a panel, such name or names will be
                included, or omitted, unless the number of names is excessive. These
                inclusions/exclusions may not discriminate against anyone because of
                age, race, color, gender, national origin, disability, genetic
                information, or religion.
                 (c) If the parties do not agree on an arbitrator from the first
                panel, OA will furnish up to five additional panels to the parties upon
                joint request, or upon a unilateral request if authorized by the
                applicable collective bargaining agreement, and payment of additional
                fees.
                Sec. 1404.12 Selection by parties and appointment of arbitrators.
                 (a) After receiving a panel of names, the parties must notify OA of
                their selection of an arbitrator or of the decision not to proceed with
                arbitration. Upon notification of the selection of an arbitrator, OA
                will make a formal appointment of the arbitrator. The arbitrator, upon
                notification of appointment, shall communicate with the parties within
                14 days to arrange for preliminary matters, such as the date and place
                of hearing. Should an arbitrator be notified directly by the parties
                that he or she has been selected, the arbitrator must promptly notify
                OA of the selection. The arbitrator must provide OA with the FMCS case
                number and other pertinent information for OA to make an appointment. A
                pattern of failure by an arbitrator to notify FMCS of a selection in an
                FMCS case may result in suspension or removal from the Roster. If the
                parties settle a case prior to the hearing, the parties must inform the
                arbitrator as well as OA. Consistent failure to follow these procedures
                may lead to a denial of future OA services.
                 (b) Where the parties' collective bargaining agreement permits each
                party to separately notify OA of its ranked order of preference, or is
                silent on the manner of selecting arbitrators, FMCS will ask each party
                to advise OA of its order of preference by numbering each name on the
                panel and submitting the numbered list in writing to OA. Upon receiving
                the rank order from one party, OA will notify the other party that it
                has fourteen (14) days in which to submit its selections. Where both
                parties respond, the name that has the lowest combined number will be
                appointed. If the other party fails to respond, the first party's
                choice will be honored.
                 (c) OA will make a direct appointment of an arbitrator only upon
                joint request or as otherwise provided by this part.
                Sec. 1404.13 Conduct of hearings.
                 All proceedings conducted by the arbitrators shall conform to the
                contractual obligations of the parties, and to the Code. The arbitrator
                shall comply with Sec. 1404.4(b). The conduct of the arbitration
                proceeding is under the arbitrator's jurisdiction and control, and the
                arbitrator's decision shall be based upon the evidence and testimony
                presented at the hearing or otherwise incorporated in the record of the
                proceeding. The arbitrator may, unless prohibited by law, proceed in
                the absence of any party who, after due notice, fails to be present or
                to obtain a postponement. An award rendered in an ex parte proceeding
                of this nature must be based upon evidence presented to the arbitrator.
                Sec. 1404.14 Decision and award.
                 (a) Arbitrators shall make awards no later than 60 days from the
                date of the closing of the record, unless otherwise agreed upon by the
                parties or specified by the collective bargaining agreement or law.
                However, failure to meet the 60-day deadline will not invalidate the
                process or award. A failure to render timely awards reflects upon the
                performance of an arbitrator and may lead to removal from the FMCS
                Roster.
                 (b) The parties should inform OA whenever a decision is delayed.
                The arbitrator shall promptly notify OA if and when the arbitrator:
                 (1) Cannot schedule or hear a case, and/or render a decision
                promptly and in accordance with time limits established in this part,
                or
                 (2) Learns a dispute has been settled by the parties prior to the
                decision.
                 (c) Within 15 days after an award and/or final invoice has been
                submitted to the parties, the arbitrator shall submit an online
                Arbitrator's Report and Fee Statement (Form R-19) to OA showing a
                breakdown of the fee and expense charges.
                 (d) While FMCS encourages the publication of arbitration awards,
                arbitrators must not publicize awards without the express consent of
                the parties in conformance with the Code.
                Sec. 1404.15 Fees and charges of arbitrators.
                 (a) Fees to parties. Prior to appointment, the parties should be
                aware of all significant aspects of the bases for an arbitrator's fees
                and expenses. Each arbitrator's biographical sketch shall include a
                statement of the bases for the arbitrator's fees and expenses, which
                shall conform to this part and the Code. The parties and the arbitrator
                shall be bound by the arbitrator's statement of the bases for fees and
                expenses in the biographical sketch for two years from the date of
                appointment unless they mutually agree otherwise in writing.
                Arbitrators listed on the Roster may change the bases for their fees
                and expenses for future appointments if they provide them in writing to
                OA at least 30 days in advance.
                 (b) Two or more addresses. Arbitrators with more than one business
                address must bill the parties for expenses from the least expensive
                business address to the hearing site.
                 (c) Additional administrative fee. In cases involving unusual
                amounts of time and expense relative to the pre-hearing and post-
                hearing administration of a particular case, the arbitrator may charge
                an administrative fee. This fee shall be disclosed to the parties as
                soon as it is foreseeable by the arbitrator.
                 (d) Fee disputes. When a party believes the arbitrator has not
                followed the requirements of this Part, it should promptly notify OA,
                which may bring any complaint concerning the fees charged by an
                arbitrator to the attention of the Board for consideration. Complaints
                by arbitrators concerning non-payment of fees by a party may lead to
                the denial of services or other actions by OA.
                Sec. 1404.16 Reports and biographical sketches.
                 (a) Arbitrators listed on the Roster shall execute and return all
                documents, forms and reports required by OA and be responsible for
                updating their account and bio information online, including changes of
                address, telephone number, and availability. They must also furnish to
                OA the contact information for a person they know well whom OA may
                contact if unable to reach the arbitrator, and who has agreed to
                contact OA if the arbitrator has become incapacitated or deceased.
                Arbitrators must contact OA directly when they engage, or are accused
                of engaging, in any business or other connection or relationship
                involving labor or employment relations and/or
                [[Page 16210]]
                which creates or gives the appearance of advocacy as defined in Sec.
                1404.5(c)(1).
                 (b) OA reserves the right to decide and approve the format and
                content of biographical sketches.
                Subpart D--Expedited Arbitration
                Sec. 1404.17 Policy.
                 In an effort to reduce the time and expense of some grievance
                arbitrations, FMCS offers expedited procedures where the parties agree
                on a streamlined process with short deadlines. Parties may also agree
                on their own procedures if it is practicable for FMCS.
                Sec. 1404.18 Procedures for requesting expedited panels.
                 (a) With the exception of the specific changes noted in this
                Subpart, all FMCS rules and regulations governing its arbitration
                services shall apply to Expedited Arbitration.
                 (b) Upon receipt of a joint Request for Arbitration Panel (Form R-
                43) indicating that both parties desire expedited services, OA will
                refer a panel of arbitrators which shall be valid for up to 30 days.
                Only one panel will be submitted per case. If the parties are unable to
                mutually agree upon an arbitrator or if prioritized selections are not
                received from both parties within 30 days, OA will make a direct
                appointment of an arbitrator not on the original panel.
                 (c) If the parties mutually select an arbitrator, but the
                arbitrator is not available, the parties may select a second name from
                the same panel or OA will make a direct appointment of another
                arbitrator not listed on the original panel.
                Sec. 1404.19 Arbitration process.
                 (a) Once notified of the expedited case appointment by OA, the
                arbitrator must contact the parties within seven (7) calendar days.
                 (b) The parties and the arbitrator must attempt to schedule a
                hearing within 30 days of the appointment date.
                 (c) Absent mutual agreement, all hearings will be concluded within
                one day. No transcripts of the proceedings will be made and the filing
                of post-hearing briefs will not be allowed.
                 (d) All awards must be completed within seven (7) working days from
                the hearing. These awards are expected to be brief and concise, and to
                not require extensive written opinion or research time.
                Appendix to Part 1404--Arbitration Policy; Schedule of Fees
                Annual listing fee for arbitrators who have completed less than 5
                years on the Roster: $150 for the first address; $50 for each
                additional address
                Annual listing fee for arbitrators who have completed 5 or more
                years on the Roster: $250 for the first address; $100 for each
                additional address
                Request for panel of arbitrators processed by FMCS staff: $70.00
                Request for panel of arbitrators on-line: $35.00
                Direct appointment of an arbitrator when a panel is not used: $30.00
                per appointment
                List and biographic sketches of arbitrators in a specific area:
                $35.00 per request plus $.25 per page.
                 Dated: April 9, 2019.
                Jeannette Walters-Marquez,
                Deputy General Counsel.
                [FR Doc. 2019-07412 Filed 4-17-19; 8:45 am]
                 BILLING CODE P
                

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT