[Federal Register Volume 62, Number 181 (Thursday, September 18, 1997)]
[Rules and Regulations]
[Pages 48948-48949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24727]
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FEDERAL MEDIATION AND CONCILIATION SERVICE
29 CFR Part 1404
Expedited Arbitration
AGENCY: Federal Mediation and Conciliation Service.
ACTION: Final rule.
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SUMMARY: This addition to the arbitration regulations is intended to
create a new service know 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will provide a streamlined arbitration process for non-precedential and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 by FMCS on March 27, 1997.
EFFECTIVE DATE: This regulation is effective October 1, 1997.
FOR FURTHER INFORMATION CONTACT:
Peter Regner, 202-606-8181.
SUPPLEMENTARY INFORMATION: The Federal Mediation and Conciliation
Service, in an effort to receive public input on its proposed new
service of expedited arbitration, published the draft version of its
proposed rule in the June 30, 1997 issue of the Federal Register (62 FR
35112). Nine arbitrators responded in writing to the proposed rule. In
general, all individuals supported the new service. Almost all of them,
however, objected to limiting eligibility to deliver this service to
those arbitrators listed on the FMCS Roster of Arbitrators for five (5)
years or less. More specific information about the public response is
contained in the following section-by-section analysis.
Subpart D--Expedited Arbitration
Section 1404.17 Policy
The first section was further clarified by adding the ``unique''
issues would also be inappropriate for expedited arbitration, as would
complex or precedential issues.
Section 1404.18 Procedures for Requesting Expedited Panels
Subsection (d). The procedures for requesting expedited arbitrators
were modified slightly by allowing the parties to select a second
arbitrator from the panel submitted to them in the event their first
choice was not available to serve. This was in response to one comment
opposing a direct appointment by FMCS in the event the original
arbitrator selected by the parties was not able to serve. The parties
now have an additional option.
[[Page 48949]]
Section 1404.19 Arbitration Process
Subsection (c). The language has been clarified to state that
``post hearing'' will not be allowed. This permits the parties to
present pre-hearing summaries or briefs of their positions. One comment
expressed concern that the ``no transcript'' provision of the rule
might be interpreted to mean that the arbitrator could not tape the
hearing for his/her own use. This is not the intention of the rule.
Arbitrators may tape the proceedings, if both parties agree, as a
supplement to his/her notes.
Section 1404.20 Arbitrator Eligibility
Eight of the nine individuals submitting comments about the
proposed rule objected to the policy of having only arbitrators with
five (5) years or less experience on the FMCS Roster automatically
placed on the expedited arbitration panels. Some argued fairness,
others stated that in order to be able to render quick decisions, more
arbitration experience was required. FMCS has modified its policy to
that at lease two more senior arbitrators will be listed on every
expedited panel. Given the number of arbitrators with five (5) years of
less listing on the Roster, it is possible that many, if not most,
expedited arbitration panels will contain more than two more senior
arbitrators. The parties continue to have the right to jointly request
any special qualifications that they feel necessary.
The Federal Mediation and Consiliation Service amends 29 CFR part
1404 as follows:
PART 1404--ARBITRATION SERVICES
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 Prcedures 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
arbitrators, FMCS is offering expedited procedures that may be
appropriate in certain non-precedential cases or those that do not
involve complex or unique issues. Expedited Arbitrator 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 excepting 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
OAS will require 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 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 parties may select a second name from
the same panel or 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 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, concise, and not
required extensive written opinion or research time.
Sec. 1404.20 Arbitrator eligibility.
In an effort to increase exposure for new arbitrators, those
arbitrators who have been listed on the Roster of Arbitrators for a
period of five (5) years or less will be automatically placed on
expedited panels submitted to the parties. However, all panels will
also contain the names of at least two more senior arbitrators. In
addition, the parties may jointly request a larger pool of arbitrators
or a direct appointment 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 request for Expedited
Arbitration if a pattern of misuse of this becomes apparent. Misuse may
be indicated by the parties' frequent delay of the process or referral
of inappropriate cases.
(b) Arbitrators who exhibit a pattern of unavailability of
appointments or who are repeatedly unable to schedule hearings or
render awards within established deadlines will be considered
ineligible for appointment for this service.
John Calhoun Wells,
Director.
[FR Doc. 97-24727 Filed 9-17-97; 8:45 am]
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