[Federal Register Volume 62, Number 125 (Monday, June 30, 1997)]
[Proposed Rules]
[Pages 35112-35113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16999]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 62, No. 125 / Monday, June 30, 1997 /
Proposed Rules
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FEDERAL MEDIATION AND CONCILIATION SERVICE
29 CFR Part 1404
Expedited Arbitration
AGENCY: Federal Mediation and Conciliation Service.
ACTION: Proposed rule.
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SUMMARY: This proposed addition to the arbitration regulations is
intended to create a new service known as ``expedited arbitration.''
This service will provide a streamlined arbitration process for non-
precedential and non-complex grievance arbitration cases while
encouraging the parties to select new arbitrators in order to enhance
their career development. This new service is the result of specific
recommendations of the Arbitration Focus Group convened by FMCS on
March 27, 1997.
DATES: Comments must be received on or before August 4, 1997.
ADDRESSES: Written comments should be submitted to Peter L. Regner,
Director of Program Services, Federal Mediation and Conciliation
Service, 2100 K Street, NW., Washington, DC 20427. All comments will be
available for inspection during work hours at the above address.
FOR FURTHER INFORMATION CONTACT:
Mr. Peter L. Regner, Director of Program Services, Federal Mediation
and Conciliation Service, 2100 K Street, NW., Washington, DC 20427,
(202) 606-8181.
Executive Order 12291
This proposed rule is not a ``major rule'' under Executive Order
12291 because it is not likely to result in (1) an annual effect on the
economy of $100 million or more (2) a major increase in costs or prices
for consumers, individual industries. Federal, state, or local
government agencies, or geographic regions; or (3) a significant
decline in productivity, innovation, or on the ability of United
States-based enterprises to compete with foreign-based enterprises in
domestic or export markets. Accordingly, no regulatory impact analysis
is required.
Regulatory Flexibility Act Certification
The FMCS finds that this proposed rule will have no significant
impact upon a substantial number of small entities within the meaning
of section 3(a) of the Regulatory Flexibility Act, Pub. L. 96-354, 94
Stat. 164 (5 U.S.C. 605(g)), and will so certify to the Chief Counsel
for Advocacy of the Small Business Administration. This conclusion has
been reached because the proposed rule does not, in itself, impose any
additional economic requirements upon small entities. Accordingly, no
regulatory flexibility analysis is required.
List of Subjects in 29 CFR Part 1404
Administrative practice and procedure, Labor management relations.
The Federal Mediation and Conciliation Service proposes to amend 29
CFR part 1404 to read as follows:
1. The authority citation for Part 1404 continues to read as
follows:
Authority: 29 U.S.C. 172 and 29 U.S.C. 173 et seq.
2. By adding Subpart D to read as follows:
Subpart D--Expedited Arbitration
Sec.
1404.17 Policy.
1404.18 Procedures for Requesting Expedited Panels.
1404.19 Arbitration Process.
1404.20 Arbitrator Eligibility.
1404.21 Proper Use of Expedited Arbitration.
Subpart D--Expedited Arbitration
Sec. 1404.17 Policy.
In an effort to reduce the time and expense of some grievance
arbitrations, FMCS is offering expedited procedures that may be
appropriate in certain non-precedential cases or those that do not
involve complex issues. Expedited Arbitration is intended to be a
mutually agreed upon process whereby arbitrator appointments, hearings
and awards are acted upon quickly by the parties, FMCS, and the
arbitrators. The process is streamlined by mandating short deadlines
and eliminating requirements for transcripts, briefs and lengthy
opinions.
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 expedited services are desired by both parties, the
AOAS will refer a panel of arbitrators.
(c) A panel of arbitrators submitted by the OAS in expedited cases
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 the
30 days, the OAS will make a direct appointment of an arbitrator not on
the original panel.
(d) If the parties mutually select an arbitrator, but the
arbitrator is not available, the OAS 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 the OAS, 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 briefs will not be allowed.
(d) All awards must be completed within seven (7) working days
after the hearing. These awards are expected to be brief, concise, and
not require extensive written opinion or research time.
Sec. 1404.20 Arbitrator eligibility.
In an effort to increase exposure of new arbitrators, only those
arbitrators who have been listed on the Roster of Arbitrators for a
period of five years or less will be deemed automatically eligible for
the Expedited Arbitration process. However, parties may jointly request
a larger pool of arbitrators or a direct appointment of any arbitrator
of their choice who is listed on the Roster.
Sec. 1404.21 Proper Use of Expedited Arbitration.
(a) FMCS reserves the right to cease honoring requests for
Expedited
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Arbitration if a pattern of misuse of this process becomes apparent.
Misuse may be indicated by the parties' frequent delaying of the
process or referral of inappropriate cases.
(b) Arbitrators who exhibit a pattern of unavailability for
appointments or who are repeatedly unable to schedule hearings or
render awards within established deadlines will, after written warning,
be considered ineligible for appointment for this service.
John Calhoun Wells,
Director.
[FR Doc. 97-16999 Filed 6-27-97; 8:45 am]
BILLING CODE 6732-01-M
